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Ticket Speculation Act

R.S.O. 1990, CHAPTER T.7

Consolidation Period: From December 21, 2010 to the e-Laws currency date.

Last amendment: 2010, c. 27.

Definition

1.  In this Act,

“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”)

“ticket” means a card, pass or other document upon presentation of which the holder is entitled to admission to any theatre, opera house, public hall, show, game, grandstand, race meeting, exhibition or amusement of any kind. (“billet de spectacle”) R.S.O. 1990, c. T.7, s. 1; 2010, c. 27, s. 1.

Offences:

2.  Every person who,

selling

(a) being the holder of a ticket, sells or disposes of the ticket at a higher price than that at which it was first issued, or endeavours or offers so to do; or

purchasing as a speculation or at a higher price than advertised

(b) purchases or attempts to purchase tickets with the intention of reselling them at a profit, or purchases or offers to purchase tickets at a higher price than that at which they are advertised or announced to be for sale by the owner or proprietor of any place mentioned in section 1,

is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. T.7, s. 2.

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. 2010, c. 27, s. 2.

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. 2010, c. 27, s. 2.

Related

(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. 2010, c. 27, s. 2.

Offence

(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. 2010, c. 27, s. 2.

Exception as to sale on commission at hotel stands and stores

3.  This Act does not apply to the sale of tickets by the proprietor of a shop or hotel stand or a servant of the proprietor when such proprietor is an agent of a theatre, opera house, public hall, or grandstand, or of the owner or promoter of a show, game, race meeting, exhibition, or amusement of any kind for the sale of tickets, and where the commission charged upon the sale of each ticket does not exceed the maximum prescribed in the Schedule to this Act. R.S.O. 1990, c. T.7, s. 3.

Regulations

4.  The Attorney General may make regulations exempting any person or class of persons from this Act and prescribing conditions attaching to an exemption. 2010, c. 27, s. 3.

SCHEDULE

Price of Ticket

Maximum Commission

Up to $1.99.............................................

.25

$2.00 to $2.99.........................................

.35

$3.00 to $3.99.........................................

.45

$4.00 and up.......................................... 

.50

R.S.O. 1990, c. T.7, Sched.

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