Regulation - LGIC
Proposal to make various regulatory changes under the Ticket Sales Act, 2017
Regulation Number(s):
N/A
Instrument Type:
Regulation - LGIC
Bill or Act:
Ticket Sales Act, 2017
Summary of Proposal:
The Ticket Sales Act, 2017 (TSA) establishes requirements for ticket businesses and other persons and outlines protections for purchasers of tickets to Ontario events. This consultation is on proposed regulatory changes under the TSA that would establish an exemption from certain disclosure requirements related to ticket batches, set rules for ticket transferability and the provision of paper tickets upon request (including related fees), and update the Act's administrative penalty regime.
Amendments to the TSA passed under the Protecting What Matters Most Act (Budget Measures), 2019 (PWMMA), will, once in force, establish additional disclosure requirements, provide regulation-making authority in respect of paper tickets and the transferability of tickets, and increase the maximum amount of an administrative penalty that can be imposed for non-compliance. Proposed legislative amendments in Bill 159 would, if passed, require all amounts in ticket offers to be listed and charged in Canadian currency.
If approved, the proposed General Regulation would:
• Clarify that disclosures of information about ticket batches required under clause 5 (1) (b) of the TSA are not required for batches of fewer than 50 tickets
• Prohibit a ticket business that makes a ticket available for sale from limiting the transferability of the ticket, subject to one exception. A primary seller may limit the transferability of a ticket that is made available for sale for a discounted price on the condition that the ticket grants admission to the event only for persons in a specified group, such that the ticket can only be transferred to persons within the specified group or to persons who receive the ticket on behalf of a person within the specified group
• Require primary sellers to provide a ticket in paper form to a purchaser upon request and disclose the availability of the paper ticket option in the ticket offer. The regulation would also prescribe the type of fees that may be charged for providing a paper ticket upon request
• Prescribe additional provisions for which non-compliance may result in an administrative penalty
If approved, the proposed regulation amending O. Reg 318/18 would increase the penalty amounts and provide that penalty amounts increase for different contraventions based on event capacity or for repeat infractions within a two-year period.
• For contraventions of provisions under section 5 of the TSA, the draft regulation proposes penalty amounts ranging between $1,000 and $12,000 for non-corporations and ranging between $2,500 and $20,000 for corporations, depending on the event capacity
• The draft regulation proposes penalty amounts for corporations of $2,500 for the first contravention of provisions under sections 6-8 of the TSA, $5,000 for the second contravention, and $15,000 for each additional contravention within a two-year period. The corresponding amounts for non-corporations would be $500, $1,000 and $3,000 for first, second and subsequent contraventions
These proposed changes, if approved, are proposed to come into force in conjunction with the proclamation of legislative amendments made under the PWMMA and the proposed amendments under Bill 159, if passed.
The ministry welcomes feedback and encourages anyone interested to provide comments. All comments received may support the development of recommendations on the proposed regulations. You may submit your comments to the Regulatory Registry.
Amendments to the TSA passed under the Protecting What Matters Most Act (Budget Measures), 2019 (PWMMA), will, once in force, establish additional disclosure requirements, provide regulation-making authority in respect of paper tickets and the transferability of tickets, and increase the maximum amount of an administrative penalty that can be imposed for non-compliance. Proposed legislative amendments in Bill 159 would, if passed, require all amounts in ticket offers to be listed and charged in Canadian currency.
If approved, the proposed General Regulation would:
• Clarify that disclosures of information about ticket batches required under clause 5 (1) (b) of the TSA are not required for batches of fewer than 50 tickets
• Prohibit a ticket business that makes a ticket available for sale from limiting the transferability of the ticket, subject to one exception. A primary seller may limit the transferability of a ticket that is made available for sale for a discounted price on the condition that the ticket grants admission to the event only for persons in a specified group, such that the ticket can only be transferred to persons within the specified group or to persons who receive the ticket on behalf of a person within the specified group
• Require primary sellers to provide a ticket in paper form to a purchaser upon request and disclose the availability of the paper ticket option in the ticket offer. The regulation would also prescribe the type of fees that may be charged for providing a paper ticket upon request
• Prescribe additional provisions for which non-compliance may result in an administrative penalty
If approved, the proposed regulation amending O. Reg 318/18 would increase the penalty amounts and provide that penalty amounts increase for different contraventions based on event capacity or for repeat infractions within a two-year period.
• For contraventions of provisions under section 5 of the TSA, the draft regulation proposes penalty amounts ranging between $1,000 and $12,000 for non-corporations and ranging between $2,500 and $20,000 for corporations, depending on the event capacity
• The draft regulation proposes penalty amounts for corporations of $2,500 for the first contravention of provisions under sections 6-8 of the TSA, $5,000 for the second contravention, and $15,000 for each additional contravention within a two-year period. The corresponding amounts for non-corporations would be $500, $1,000 and $3,000 for first, second and subsequent contraventions
These proposed changes, if approved, are proposed to come into force in conjunction with the proclamation of legislative amendments made under the PWMMA and the proposed amendments under Bill 159, if passed.
The ministry welcomes feedback and encourages anyone interested to provide comments. All comments received may support the development of recommendations on the proposed regulations. You may submit your comments to the Regulatory Registry.
Analysis of Regulatory Impact:
No new administrative costs are associated with this proposal.
Further Information:
General
Proposal Number:
20-MGCS006
Posting Date:
March 6, 2020
Comments Due Date:
August 4, 2020
Contact Address:
Ticket Sales Regulatory Consultation
Consumer Policy and Liaison Branch
Ministry of Government and Consumer Services
56 Wellesley Street West - 6th Floor,
Toronto, ON, M7A 1C1
Consumer Policy and Liaison Branch
Ministry of Government and Consumer Services
56 Wellesley Street West - 6th Floor,
Toronto, ON, M7A 1C1