The conservative government in Ontario has scrapped a proposed price cap on ticket resale in the province, officially killing the provision of the Ticket...

The conservative government in Ontario has scrapped a proposed price cap on ticket resale in the province, officially killing the provision of the Ticket Sales Act it had put on pause upon its election last summer. The government said in its new budget that the price cap – proposed by the prior government at 50% above the original face value – was unenforceable and would drive consumers to the black market, according to the Toronto Sun.

Additionally, the proposed budget would require primary sellers to disclose how many tickets are made available at each stage of the consumer sales process, if tickets are to be released in batches. This requirement was notable stripped from the original legislation proposed in Ontario by the liberal government after heavy lobbying from Live Nation and other promoters in Canada.

The changes also include an increase on the potential penalties those found to be in violation of the Ticket Sales Act from $10,000 to $25,000.

Journalist Alan Cross breaks down the new changes to the law at ajournalofmusicalthings.com:

Disclosure before sale
(1) A primary seller who makes tickets to an event available for sale shall publicly disclose, on its website or otherwise.
(a) the maximum capacity for the event, as soon as the seller has the information and no later than the time at which the seller makes any tickets to the event available for sale;

Translation: How many tickets are actually available to a given show? You gotta tell us now.

(b) if the seller makes tickets to the event available for sale in batches, the following information for each batch, as soon as the seller has the information and no later than the time at which the seller first makes the batch available for sale:

(i) the date and time when the batch will be made available for sale,

(ii) the number of tickets in the batch, and

(iii) if the batch is not being made available for sale to the general public, the class or classes of persons that are eligible to purchase tickets from the batch;

(c) if the seller does not make tickets to the event available for sale in batches, the following information, as soon as the seller has the information and no later than the time at which the seller makes any tickets to the event available for sale:

(i) the date and time when the seller will make tickets to the event available for sale, and

(ii) the total number of tickets to the event that the seller will make available for sale; and

Translation: As new tickets become available, you gotta tell us how many tickets are in this new batch.

(i) the date and time when the seller will make tickets to the event available for sale, and
(ii) the total number of tickets to the event that the seller will make available for sale; and
(3) A primary seller who is required under subsection (1) to disclose information about an event to which the seller makes tickets available for sale shall ensure that the information continues to be disclosed in accordance with that subsection until the time at which the event takes place.

Translation: Ticket sellers have to keep us up to date on what’s being sold and when.

(3) Section 36 of the Act is amended by adding the following clauses:

(d) requiring a person who sells a ticket to provide the ticket to the purchaser in paper form if the purchaser so requests and regulating the fees that the person can charge to the purchaser for a paper ticket;

Translation: If you’re buying a ticket, you have the right to get a physical version of that ticket if you want. And don’t even think of monkeying around with the fees (i.e. convenience charge) you might want to slap on that paper ticket.

(e) prohibiting any person who makes tickets available for sale from limiting the transferability of the tickets or prescribing the manner or circumstances in which the person may limit the transferability of tickets made available for sale.

Translation: Tickets have to be easily transferable from person to person.

Inspection powers
(1) An inspector may, without a warrant, enter and inspect any place in order to ensure that this Act and the regulations are being complied with.

Translation: We’re serious about enforcing this.

The updates proposed in Ontario stand in stark contrast to those proposed in British Columbia this month, which ignore opacity on the primary market in favor of heavy regulation of resale.

TicketNews Staff