This Explanatory Note was written as a reader’s aid to Bill 172 and does not form part of the law. Bill 172 has been enacted as Chapter 27 of the Statutes of Ontario, 2010.
The Bill amends the Ticket Speculation Act to provide that it is an offence for related primary and secondary sellers to make available for sale in Ontario tickets for admission to the same event. An individual who is convicted of this offence is liable to a maximum fine of $5,000; a corporation is liable to a maximum fine of $50,000. The Attorney General is given the power to make regulations exempting any person or class of persons from the Act and prescribing conditions attaching to an exemption.
An Act to amend the Ticket Speculation Act
Assented to December 8, 2010
Note: This Act amends the Ticket Speculation Act, which has not previously been amended.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
“primary seller” means a person, other than a secondary seller, who is engaged in the business of making tickets available for sale, and includes the owner of the place to which a ticket provides admission, the promoter of the event occurring at that place and any agent or broker of those persons; (“vendeur principal”)
“secondary seller” means a person who is engaged in the business of making available for sale tickets that have been acquired in any manner and by any person from or through a primary seller; (“vendeur secondaire”)
(2) The French version of the definition of “ticket” in section 1 of the Act is amended by adding “Le terme «billet» a un sens correspondant.” at the end.
Prohibition, primary seller
2.1 (1) No primary seller shall make a ticket available for sale for admission to an event in Ontario if a ticket for admission to the same event is or has been made available for sale by a secondary seller who is related to the primary seller.
Prohibition, secondary seller
(2) No secondary seller shall make a ticket available for sale for admission to an event in Ontario if a ticket for admission to the same event is or has been made available for sale by a primary seller who is related to the secondary seller.
(3) For the purposes of subsections (1) and (2), a primary seller and a secondary seller are related if a relationship between them, whether corporate, contractual or other, results, directly or indirectly, in an incentive for the primary seller to withhold tickets for sale by the primary seller so that they can be sold by, through or with the assistance of the secondary seller instead.
(4) A person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to,
(a) if the person is an individual, a fine of not more than $5,000; and
(b) if the person is a corporation, a fine of not more than $50,000.
4. The Attorney General may make regulations exempting any person or class of persons from this Act and prescribing conditions attaching to an exemption.