O. Reg. 318/18: ADMINISTRATIVE PENALTIES - GENERAL

Ticket Sales Act, 2017

ONTARIO REGULATION 318/18

ADMINISTRATIVE PENALTIES - GENERAL

Historical version for the period October 30, 2020 to December 31, 2020.

Last amendment: 604/20.

Legislative History: 604/20.

This is the English version of a bilingual regulation.

Amount

1. For the purposes of subsection 30 (3) of the Act, the amount of an administrative penalty that the Director may impose in an order in respect of a contravention of a provision set out in Column 1 of Table 1 is the amount set out in,

(a)  Column 2 opposite it, if the ticket business that has contravened or is contravening the provision is not a corporation; or

(b)  Column 3 opposite it, if the ticket business that has contravened or is contravening the provision is a corporation.

Table 1

Item	Column1 Provision contravened	Column 2 Penalty amount in dollars for a non-corporation	Column 3 Penalty amount in dollars for a corporation
1.	Subsection 2 (2) of the Act	$500, or twice the difference between the face value and the total price at which the ticket was advertised by the seller, whichever is greater to a max of $2,500	$5,000
2.	Paragraph 1 of subsection 5 (1) of the Act	$200	$3,000
3.	Paragraph 2 of subsection 5 (1) of the Act	$200	$3,000
4.	Clause 6 (1) (a) of the Act	$200	$3,000
5.	Clause 6 (1) (b) of the Act	$200	$3,000
6.	Clause 6 (2) (a) of the Act	$200	$3,000
7.	Clause 6 (2) (b) of the Act	$200	$3,000
8.	Clause 6 (3) (a) of the Act	$200	$3,000
9.	Clause 6 (3) (b) of the Act	$200	$3,000
10.	Subsection 7 (2) of the Act	$200	$3,000
11.	Subsection 7 (3) of the Act	$200	$3,000

Note: On January 1, 2021, the day subsection 1 (4) of Schedule 58 to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force, section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 604/20, s. 1)

Amount

1. For the purposes of subsection 30 (3) of the Act, the amount of an administrative penalty that the Director may impose in an order in respect of a contravention of a provision set out in Column 1 of Table 1 is,

(a)  $200, if the ticket business that has contravened or is contravening the provision is not a corporation; or

(b)  $3,000, if the ticket business that has contravened or is contravening the provision is a corporation.

Table 1

Item	Column1 Provision contravened
1.	Paragraph 1 of subsection 5 (1) of the Act
2.	Paragraph 2 of subsection 5 (1) of the Act
3.	Clause 6 (1) (a) of the Act
4.	Clause 6 (1) (b) of the Act
5.	Clause 6 (2) (a) of the Act
6.	Clause 6 (2) (b) of the Act
7.	Clause 6 (3) (a) of the Act
8.	Clause 6 (3) (b) of the Act
9.	Subsection 7 (2) of the Act
10.	Subsection 7 (3) of the Act

O. Reg. 604/20, s. 1.

 

Effect of multiple or subsequent contraventions on order

2. (1) If the Director is satisfied that a ticket business has contravened or is contravening the same one provision listed in any of items 2 to 11 of Column 1 of Table 1 at any one or more times before issuing an order imposing an administrative penalty in respect of the contraventions, the order shall treat the contraventions as a single contravention.

Note: On January 1, 2021, the day subsection 1 (4) of Schedule 58 to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force, subsection 2 (1) of the Regulation is amended by striking out “listed in any of items 2 to 11 of Column 1 of Table 1” and substituting “listed in any of the items of Column 1 of Table 1”. (See: O. Reg. 604/20, s. 2.)

(2) If the Director issues an order imposing an administrative penalty in respect of the contravention by a ticket business of a provision listed in any of items 2 to 11 of Column 1 of Table 1 and if the Director is satisfied that business is subsequently in contravention of the same provision, the Director shall not issue an order imposing an administrative penalty in respect of the subsequent contravention until at least seven days have passed since the day that the first order has been served on the business.

Note: On January 1, 2021, the day subsection 1 (4) of Schedule 58 to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force, subsection 2 (1) of the Regulation is amended by striking out “listed in any of items 2 to 11 of Column 1 of Table 1” and substituting “listed in any of the items of Column 1 of Table 1”. (See: O. Reg. 604/20, s. 2.)

Time for payment

3. An order imposing an administrative penalty against a ticket business shall specify that the business is required to pay the penalty within 30 days of being served with the order imposing the penalty.

4. Omitted (provides for coming into force of provisions of this Regulation).