Horse Racing Licence Act, 2015, S.O. 2015, c. 38, Sched. 9

• Jurisdiction: Ontario

Horse Racing Licence Act, 2015

S.o. 2015, chapter 38
Schedule 9

Consolidation Period: From November 29, 2021 to the e-Laws currency date.

Last amendment: 2019, c. 15, Sched. 1, s. 22.

CONTENTS

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Part I
Interpretation

Definitions

1 In this Act,

“Board” means the board of the Alcohol and Gaming Commission of Ontario continued under the Alcohol and Gaming Commission of Ontario Act, 2019; (“conseil”)

“Commission” means the Alcohol and Gaming Commission of Ontario continued under the Alcohol and Gaming Commission of Ontario Act, 2019; (“Commission”)

“conveyance” means a vehicle, vessel or other thing used to transport horses or equipment used in the business of horse racing; (“moyen de transport”)

“licence” means a licence issued under this Act; (“licence”)

“licensee” means the holder of a licence; (“titulaire de licence”)

“Panel” means the Horse Racing Appeal Panel established under subsection 7 (1); (“Comité”)

“prescribed” means prescribed in the regulations; (“prescrit”)

“proceeds”, in relation to an offence under this Act, means,

(a) personal property, other than money, derived in whole or in part, directly or indirectly, from the commission of the offence, and

(b) money derived directly or indirectly from the commission of the offence; (“produit”)

“Registrar” means the Registrar under the Alcohol and Gaming Commission of Ontario Act, 2019; (“registrateur”)

“record” includes a book of account, bank book, voucher, invoice, receipt, contract, correspondence and any other document regardless of whether the record is on paper or is in electronic, photographic or other form; (“document”)

“regulations” means the regulations made under this Act; (“règlements”)

“rules of racing” means the rules for the conduct of horse racing made under section 5; (“règles sur les courses”)

“Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999 or whatever other tribunal is provided for in the regulations. (“Tribunal”) 2015, c. 38, Sched. 9, s. 1; 2018, c. 12, Sched. 2, s. 53; 2019, c. 15, Sched. 1, s. 22.

Section Amendments with date in force (d/m/y)

2018, c. 12, Sched. 2, s. 53 - 16/11/2018

2019, c. 15, Sched. 1, s. 22 (1, 2) - 29/11/2021

Part II
Registrar, rules of racing and non-licensing appeals

Powers of Registrar, general

2 The Registrar has the power, subject to this Act and the regulations,

(a) to govern, direct, control and regulate horse racing in Ontario in any or all of its forms; and

(b) to govern, control and regulate the operation of race tracks and off-track betting facilities in Ontario at which any form of horse racing is carried on or televised.

Examples

3 Without in any way restricting the generality of section 2, some examples of matters with respect to horse racing over which the Registrar may exercise power are,

(a) all forms of licensing;

(b) the appointment and discharge of race track officials and other persons whose duties relate to the actual running of horse races;

(c) registration of matters that the Registrar considers appropriate;

(d) the keeping of books and accounts;

(e) the assessment of penalties for contravention of the rules of racing, and the enforcement of the penalties;

(f) imposing conditions on licences that the Registrar considers expedient, and removing such conditions; and

(g) examinations and standards.

Additional matters

4 The Registrar may also exercise power over any matter provided for in the regulations.

Rules of racing

5 (1) Subject to the regulations, the Commission, through the Registrar, shall make rules for the conduct of horse racing in any of its forms.

Same

(2) The rules of racing may provide for any matter over which the Registrar may exercise power under this Act.

Adoption of other rules

(3) The rules of racing may adopt by reference, in whole or in part, with the changes that the Registrar considers necessary, rules and procedures of racing associations or bodies, as amended from time to time, with respect to any matter except hearings held under Part III.

Accessible to public

(4) The Registrar shall ensure that the rules of racing are made readily accessible to the public.

Conflict

(5) In the case of any conflict or inconsistency between the rules of racing and this Act or the regulations, this Act or the regulations prevail to the extent of the conflict or inconsistency.

Not regulations

(6) The rules of racing are not regulations for the purposes of Part III of the Legislation Act, 2006.

Delegation

6 The rules of racing may delegate to stewards, judges, veterinarians, race track officials, racing associations or bodies, racing association or racing body officials, licensing agents or officers, racing officials, inspectors, investigators or to any other persons any of the following powers that the Registrar considers expedient:

1. The power to collect fees or other charges for the issuance or renewal of licences and to provide for refunds of the fees and charges.

2. The power to enforce the carrying out of this Act, the regulations, the rules of racing and all requirements of the Registrar made under this Act.

3. The power to fix, impose and collect penalties for a contravention of the rules of racing.

4. The power to impose conditions on licences, and to remove such conditions.

Horse Racing Appeal Panel

7 (1) The Horse Racing Appeal Panel is established under that name in English and Comité d’appel des courses de chevaux in French.

Members

(2) The Board may appoint members to the Panel as part-time or full-time members for terms of up to three years or such other period that is prescribed.

Eligibility for appointment

(3) A person is not eligible to be appointed to the Panel unless the person meets the prescribed requirements, but no person who is a member of the Board shall be appointed to the Panel.

Reappointment

(4) A person appointed as a member of the Panel is eligible for reappointment if the person meets the eligibility requirements in subsection (3).

Remuneration and expenses

(5) Panel members are to be paid such remuneration and expenses as the Board may determine.

Practice and procedure

(6) The Panel may, subject to this Act and the Statutory Powers Procedure Act, determine its own practice and procedure.

Chair and vice-chair

(7) The Board shall designate one of the members to be the chair and one of the members to be the vice-chair of the Panel.

Duties of chair

(8) The chair shall have general supervision and direction over the conduct of the affairs of the Panel and shall arrange the sittings of the Panel and assign members to panels to conduct hearings as circumstances require.

Acting chair

(9) If the chair is absent or otherwise unable to act or if the office is vacant, the vice-chair has all the powers and shall perform the duties of the chair.

Appeals to Panel

8 (1) If the rules of racing provide for an appeal to the Panel, a person who considers themself aggrieved by a decision of a steward, judge, veterinarian, race track official, racing association official, licensing agent or officer or employee of the Commission may appeal the decision to the Panel and the hearing of the appeal shall be held in accordance with the Panel’s rules of procedure.

Powers of panel

(2) On hearing the appeal, or without a hearing if the circumstances referred to in section 4.1 of the Statutory Powers Procedure Act apply, the Panel may confirm or vary the decision being appealed or set it aside.

No consideration of constitutional validity

(3) The Panel shall not inquire into or make a decision concerning the constitutional validity of a provision of an Act or a regulation.

Decision final

(4) A decision of the Panel under subsection (2) is final and not subject to appeal.

Part III
Licensing

Licence to operate

9 No person shall operate a race track at which horse racing in any of its forms is carried on unless the person holds a licence.

Licences, other persons involved in racing

10 No person shall, with respect to horse racing in any of its forms, act as an owner, trainer, driver, jockey, apprentice jockey, groom, jockey’s agent, jockey’s valet, exercise rider, tradesperson, horsepersons’ association, veterinarian or in any capacity provided for in the regulations unless the person holds a licence for that purpose.

Application for licence

11 An application for a licence or the renewal of a licence must be made to the Registrar in the form provided by the Registrar.

Inquiries

12 (1) The Registrar may make those inquiries and conduct those investigations into the character, financial history and competence of an applicant for a licence or the renewal of a licence that are necessary to determine whether the applicant meets the requirements of this Act, the regulations and the rules of racing.

Corporations, partnerships

(2) If the applicant is a corporation or partnership, the Registrar may make the inquiries into or conduct the investigations of the officers, directors or partners of the applicant.

Costs

(3) The applicant shall pay the reasonable costs of the inquiries or investigations or provide security to the Registrar in a form acceptable to the Registrar for the payment.

Collection of information

(4) The Registrar may require information, including personal information, or material from any person who is the subject of the inquiries or investigations and may request information or material from any person who the Registrar has reason to believe can provide information or material relevant to the inquiries or investigations.

Disclosure of information

(5) If the Registrar requires information or material from a person under subsection (4), the person shall disclose to the Registrar the information or material required, unless it is the subject of solicitor-client privilege.

Verification of information

(6) The Registrar may require that any information provided under subsection (4)...