Copyright and Disclaimer Print


AR 78/2018 TICKET SALES REGULATION

(no amdt)

ALBERTA REGULATION 78/2018

Consumer Protection Act

TICKET SALES REGULATION

Table of Contents

                1      Interpretation

                2      Exemptions

                3      Prescribed control, measure, system

                4      Expiry

                5      Coming into force

Interpretation

1(1)   In this Regulation,

                               (a)    “Act” means the Consumer Protection Act;

                              (b)    “non‑profit organization” means an incorporated or unincorporated organization that is formed exclusively for a non‑profit purpose;

                               (c)    “non‑profit purpose” means a charitable, benevolent, philanthropic, religious, provident, humane, health, scientific, cultural, artistic, literary, social, educational, agricultural, recreational, sporting or other purpose except profit.

(2)  For the purposes of section 57.2(a) of the Act and this Regulation, “cancelled”, in relation to an event, includes an event that is rescheduled to another date.


(3)  For the purposes of section 57.2 of the Act and this Regulation, “full refund” means a refund of the ticket price and of any fees, taxes, charges and costs paid by the ticket purchaser to the ticketing business at the time of the ticket purchase or paid in relation to the ticket purchase including, without limitation, service fees, processing fees and delivery fees.

Exemptions

2(1)  An operator of a secondary ticketing platform is exempt from the application of section 57.2 of the Act if the operator is a non‑profit organization.

(2)  A secondary seller is exempt from the application of section 57.2 of the Act if the secondary seller is a non‑profit organization.

(3)  A secondary seller or an operator of a secondary ticketing platform is exempt from the application of section 57.2(a) in respect of a specific ticket sale if

                               (a)    the cancelled event for which the secondary seller or the operator of a secondary ticketing platform sold the specific tickets has been rescheduled,

                              (b)    after the event has been rescheduled, the secondary seller or operator of the secondary ticketing platform has prominently and in writing offered the ticket purchaser the choice of

                                        (i)    a full refund, or

                                      (ii)    tickets for the event on the rescheduled date,

                                  and

                               (c)    the ticket purchaser has expressly accepted the tickets offered under clause (b)(ii).

(4)  An operator of a secondary ticketing platform is exempt from the application of section 57.2 of the Act where the platform only advertises the sale of tickets and does not perform any other action or function in the sale of the tickets.

Prescribed control, measure, system

3   A control, measure or system that is used to limit the number of tickets a person may purchase is prescribed as a control, measure or system for the purposes of section 57.3(1)(e) of the Act.

Expiry

4   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or amended form following a review, this Regulation expires on April 30, 2021.

Coming into force

5   This Regulation comes into force on the coming into force of section 1(10) of A Better Deal for Consumers and Businesses Act.