A A A

Third Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 237

THE AMUSEMENTS AMENDMENT ACT (RESTRICTIONS ON TICKET RESALE)


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. A70 amended

1           The Amusements Act is amended by this Act.

2           Section 60 is amended by renumbering it as subsection 60(1) and adding the following:

Secondary seller must have possession of ticket

60(2)       No secondary seller shall sell, or offer to sell, a ticket of admission to a place of amusement unless the secondary seller has actual possession of the ticket.

Secondary seller must not sell unassigned ticket

60(3)       No secondary seller shall sell, or offer to sell, a ticket of admission to a place of amusement unless the ticket clearly identifies on its face the row and seat number — and if applicable, the section number or other seat identifier — that are assigned to the ticket.  This subsection does not apply if the ticket is for admission to an amusement for which there is no assigned seating.

Secondary seller must wait 48 hours before selling, and cannot pre-acquire tickets

60(4)       No secondary seller shall sell, or offer to sell, a ticket of admission to a place of amusement unless

(a) a period of 48 hours has elapsed since tickets for the particular amusement were first offered for sale by a primary seller at face value to the general public; and

(b) the particular ticket had been offered for sale by a primary seller at face value to the general public throughout the entirety of that 48-hour period.

Definitions

60(5)       The following definitions apply in this subsection and in subsections (2) to (4).

"primary seller" means a person, other than a secondary seller, who is engaged in the business of making tickets of admission to a place of amusement available for sale, and includes the owner of the place of amusement, the promoter of an 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 of admission to a place of amusement where those tickets have been acquired in any manner and by any person from or through a primary seller. (« vendeur secondaire »)

"sell" includes to barter or exchange for anything. (« vendre »)

3           The following is added after section 60:

Penalties for section 60

60.1        Despite section 44, a person who contravenes section 60 is guilty of an offence, and in addition to any other penalty provided for by this Act, is liable, on summary conviction,

(a) in the case of an individual, to a fine of not more than $5,000.; and

(b) in the case of a corporation, to a fine of not more than $50,000.

Coming into force

4           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Amusements Act to prohibit secondary sellers of admission tickets from selling tickets unless they have possession of the ticket, the ticket clearly identifies a row and seat number, and at least 48 hours have elapsed since tickets were first offered for sale to the general public.