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Volume 64, No. 10

129/2021

The British Columbia Gazette,

Part II

May 18, 2021

B.C. Reg. 129/2021 , deposited May 14, 2021, under the TICKET SALES ACT [sections 27, 28, 29 and 30]. Order in Council 289/2021, approved and ordered May 14, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective July 1, 2021,

(

a) that part of

section 1 not yet in force and sections 3 to 17 and 20 to 29

of the Ticket Sales Act , S.B.C. 2019, c. 13, are brought into force, and

(

b) the attached Ticket Sales Regulation is made.

— M. FARNWORTH, Minister of Public Safety and Solicitor General ; J. WHITESIDE, Presiding Member of the Executive Council .

TICKET SALES REGULATION

Contents

Definitions

General exemptions

General exemption for films at theatres

Exemptions respecting secondary ticket sales

Additional disclosure requirements

Administrative penalties

Service of notice or order

Definitions

1 In this regulation:

"Act" means the Ticket Sales Act ;

"campus" means land and improvements that are used primarily for the purposes of

(

a) delivering educational programs or other learning programs,

(

b) research, or

(

c) providing student services or services by affiliated student organizations;

"governor" means the board or other person or body responsible for the governance of a place;

"lease" , in relation to a place, includes any form of permission to use the place;

"resale" means to make available for sale tickets that were originally made available for

sale by a primary ticket seller.

General exemptions

(1) Subject to subsections (2) and (3), a ticket service provider is exempt from

the Act and the regulations with respect to the sale and resale of tickets for events

held at any of the following places:

(

a) a school, francophone school or Provincial school within the meaning of the School Act ;

(

b) an independent school within the meaning of the Independent School Act ;

(

c) a school for students in kindergarten or any of grades 1 to 12 that is operated

(

i) by a participating First Nation or a Community Education Authority within

the meaning of the First Nations Jurisdiction over Education in British Columbia Act (Canada),

(ii) on a reserve within the meaning of the Indian Act (Canada), or

(iii) by a treaty first nation or the Nis g a'a Nation;

(

d) the campus of an institution or a university within the meaning of the College and Institute Act ;

(

e) the campus of an institution regulated under the Private Training Act or the Degree Authorization Act ;

(

f) the campus of a post-secondary educational institution operated by

(

i) a first nation, a treaty first nation, the Nis g a'a Nation, the Westbank First Nation, the Sechelt Indian Band or the Sechelt Indian

Government District, or

(ii) a society within the meaning of the Societies Act or a corporation within the meaning of the Canada Not-for-profit Corporations Act

(

A) that has, as one of its purposes, the provision of post-secondary education

to Indigenous peoples, and

(

B) of which the majority of the directors are Indigenous;

(

g) the campus of an institution established

(

i) under, or by a body that is incorporated under, a private Act, and

(ii) primarily for the purpose of providing education, whether religious or otherwise,

to adult students;

(

h) a place of public worship;

(

i) a place owned or operated by

(

i) a municipality or regional district,

(ii) the executive committee, the Islands Trust Conservancy, the trust council

or a local trust committee within the meaning of the Islands Trust Act ,

(iii) a treaty first nation, the Nis g a'a Nation, a Nis g a'a Village, the Westbank First Nation, the Sechelt Indian Band or the Sechelt Indian

Government District, or

(iv) a society within the meaning of the Societies Act that, under an enactment of the Nis g a'a Lisims Government, is designated as a Nis g a'a Urban Local Society;

(

j) the park for which the Cultus Lake Park Board, continued under

section 3 (2)

of The Cultus Lake Park Act , is responsible;

(

k) a place for which the Vancouver Park Board, established under

section 485

of the Vancouver Charter , is responsible.

(2) The exemption under subsection (1) does not apply if the place is leased,

for the purpose of holding the event, to a person who is not an owner or governor

of any place referred to in that subsection.

(3) The exemption under subsection (1) (

i) does not apply if the place is operated

by the Pacific National Exhibition, as incorporated under the Pacific National Exhibition Incorporation Act .

General exemption for films at theatres

3 A person who is licensed under the Motion Picture Act to carry on the business of a theatre is exempt from the Act and the regulations

with respect to the sale and resale of tickets for films being shown at the theatre.

Exemptions respecting secondary ticket sales

(1) A secondary ticket seller and a secondary ticketing platform operator are exempt

from

section 6 [secondary ticket sale] of the Act, but only with respect to the resale of tickets or the facilitation of

the sale of tickets, as applicable, for the benefit of a registered charity within

the meaning of

section 248 (1) of the Income Tax Act (Canada).

(2) A secondary ticketing platform operator is exempt from

section 6 of the Act

if the operator is engaged solely in the business of advertising the resale of tickets

and performs no other activity with respect to the sale or resale of tickets.

(3) A secondary ticket seller and a secondary ticketing platform operator are

exempt from

section 6 (a) (

i) of the Act with respect to the sale or resale of a particular

ticket or the facilitation of the sale of a particular ticket, as applicable, if all

of the following conditions are met:

(

a) the ticket was intended to provide admission to a scheduled event, but that

event was cancelled and rescheduled;

(

b) the ticket service provider offers to the ticket purchaser, prominently and

in writing, that ticket purchaser's choice of

(

i) a full refund, or

(ii) a ticket that provides admission to the rescheduled event;

(

c) the ticket purchaser expressly accepts the offer of the ticket that provides

admission to the rescheduled event.

Additional disclosure requirements

5 In addition to the requirements under

section 5 [general disclosure requirements] of the Act, a ticket service provider must ensure that an offer to sell a ticket

discloses any restrictions on

(

a) the form of the ticket, and

(

b) the sale or transfer of the ticket by the original ticket purchaser to another

person.

Administrative penalties

(1) For the purposes of

section 15 [administrative penalties] of the Act, a director may impose an administrative penalty on a person who contravenes

any of the following:

(

a) a provision referred to in

section 20 (2) [offences] of the Act;

(b)

section 20 (3) (a), (b), (

c) or (d) (

i) or (ii) of the Act.

(2) A director may impose administrative penalties on a daily basis for continuing

contraventions.

(3) A notice imposing an administrative penalty for a contravention of a provision

referred to in subsection (1) must be cancelled in respect of the contravention if

the person on whom the notice was served demonstrates to the satisfaction of a director

that the person exercised due diligence to prevent that contravention.

(4) If a person fails to pay an administrative penalty as required under

section 167 [due date of penalty] of the Business Practices and Consumer Protection Act , a director, before filing the notice of penalty with a court in accordance with

section 168 (2) [enforcement of administrative penalty] of that Act, must impose an additional administrative penalty equal to 10% of the

unpaid administrative penalty.

(5) References in subsection (4) to the Business Practices and Consumer Protection Act are to be read as that Act applies under

section 15 (3) of the Ticket Sales Act .

Service of notice or order

7 In addition to the methods of service permitted under

section 24 [service] of the Act, any notice or order required to be given or served by a director or an

inspector under the Act is sufficiently given to or served on a person if given or

served by any of the following methods:

(

a) by leaving a copy with an agent of the person;

(

b) by sending a copy by ordinary or registered mail to the address at which the

person carries on business;

(

c) by sending a copy by email to the email address provided by the person;

(

d) by leaving a copy in a mailbox or mail slot for the address at which the person

carries on business;

(

e) by attaching a copy to a door or other conspicuous place at the address at

which the person carries on business;

(

f) by transmitting a copy to a fax number provided as an address for service

by the person.

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