1.01  The following rules have been enacted and declared to be the official rules of the Alcohol and Gaming Commission of Ontario (hereinafter referred to as the Commission) and these rules shall apply to all Standardbred raceways and participants under the Commission jurisdiction.

1.02  Standardbred racing shall be conducted in accordance with the rules, Registrar’s directives, conditions of licences granted by the Registrar, track rules approved by the Registrar, any other applicable laws and regulations. In case of conflict the Rules of Standardbred Racing shall supersede the conditions of a horse race and the regulations of the Association.

1.03  Should any provision of these rules or any Registrar’s directive conflict with any track rule, the appropriate Commission rule or Registrar’s directive shall govern.

1.04  Ignorance of the rules will not be accepted as an excuse for their violation.

1.05  Directives of the Registrar shall have all the force and effect of the rules. The Registrar adopts all Directives approved by the Ontario Racing Commission prior to April 1, 2016 with necessary modification.

1.06  All definitions of these rules shall apply as well to Registrar’s directives.

1.07  Every person participating in and every patron of a meeting shall abide by these rules and accept the decisions of the Judges, subject to the right of appeal to the Horse Racing Appeal Panel (the HRAP).

1.08  An agricultural fair, incorporated company or person shall not conduct a race meeting unless formal approval of the meeting has been sought, and the Registrar has actually approved the meeting.

1.09  If any case occurs which is not or which is alleged not to be provided for by the rules, it shall be determined by the Judges or the Registrar as the case may be, in such manner as they think is in the best interests of racing.

1.09.01  The Registrar in his or her absolute discretion may waive the breach of any of the rules, which waiver or breach the Registrar does not consider prejudicial to the best interests of racing. The Registrar’s waiver of or refusal to waive a rule is not subject to appeal.

1.10  The past performance statistics, racelines, horse identification, breeding, and horse ownership data, compiled by Standardbred Canada, shall be deemed to be the official records for the Standardbred industry in Ontario, and for the purpose of producing race programs, as required by Rule 7.04, for the use of the Standardbred industry and the general public.

1.11  The records of drivers’ statistics, race results, purse winnings for horses and participants, and past performance and other statistics compiled by Standardbred Canada shall be deemed to be the official records and statistics for use by the Standardbred breeding and racing industry for the support of Standardbred racing and breeding.

1.12  Notwithstanding Rule 3.02, Standardbred Canada shall license and accredit trainers, drivers and other officials and participants as designated by the Registrar and further, the Registrar will recognize such licences of the United States Trotting Association.

1.13 Deleted.

1.14  The Registrar has power, as he or she may deem proper, to make and, if necessary, to vary all arrangements for the conduct of a meeting.

Act means the Horse Racing Licence Act, 2015.

Added Money Event means stakes, futurities, early closing events and late closing events.

Age of a horse shall be reckoned from the first day of January of the year of foaling.

Alcohol means the intoxicating agent in Beverage Alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl.

Association means a person, partnership, association or corporate body licensed by the Commission to conduct a race meeting.

Authorized Agent is a person licensed by the Commission and authorized by a licensed owner to claim horses on the owner’s behalf.

BAC means Blood Alcohol Concentration. It is the grams of alcohol in 100 millilitres of blood when referenced as .02 to .039 BAC and the equivalent of 20 to 39 milligrams of alcohol in 100 millilitres of blood.

Beverage Alcohol means beer, wine and distilled spirits.

Board means the board of the Commission established under the Alcohol and Gaming Regulation and Public Protection Act, 1996.

Breeder means the registered owner or lessee, subject to the terms of a lease agreement, of the dam at the time she conceived.

Chief Test Inspector means the official approved pursuant to the Pari-Mutuel Betting Regulations under the Criminal Code (Canada) and who is directly responsible to Canadian Pari-Mutuel Agency and to the Judges for the taking of official samples from the horses and for the handling and shipping of such samples.

Claiming race means a race in which any horse drawn therein maybe claimed for a designated amount in conformance with the Rules.

Classified race means a race to which declarations are selected on the basis of ability or performance, regardless of the eligibility of such horses.

Conditioned race means an overnight event to which eligibility is determined according to specified qualifications.

Clear Days means where a number of days are expressed to be clear days, they shall be reckoned exclusively of the first day and exclusively of the last day. (See also “Days”).

Commission means the Alcohol and Gaming Commission of Ontario (AGCO).

Commission Representative means an employee(s) or agent of the Commission.

Commission Veterinarian means a person employed by the Commission and licensed in good standing with the College of Veterinarians of Ontario.
Dash means a race decided in a single trial.

Days means where a number of days not expressed to be clear days is prescribed, they shall be reckoned exclusively of the first day and inclusively of the last day. (See also “Clear Days”).

Declaration/ Entry means the naming of a particular horse to a particular race as a starter.

Designated Licensee means all Designated Racing Officials and individuals who hold a safety-sensitive position.

Designated Racing Officials means all employees and other individuals who have responsibility for decision making and the safe operations of all events at Commission licensed facilities. The following positions are included: Judges, Paddock Judge.

Early Closing Event means a race to which nominations close at least six weeks preceding the date of the race. All monies offered for the race by a track or sponsor shall be in addition to all nomination, sustaining and starting payments to determine the purse. All payments are forfeits.

Elimination Heats means heats of a race split according to the Rules to qualify the horses for a final heat.

EIPH Program - The Ontario Standardbred Exercise Induced Pulmonary Haemorrhage Program, (hereinafter referred to as the “EIPH Program” in these Rules) consists of a controlled medication program whereby furosemide shall be administered to horses certified to receive same while in competition in pari-mutuel races with the Rules established by the Commission and in accordance with the provisions of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada).

Extended Meeting means any Association in the Province of Ontario which conducts a race meeting in excess of 6 days in any consecutive 12 month period with pari-mutuel wagering.

Feature Wagering means wagering as approved in Ontario by the Commission and as deemed pursuant to the Pari-Mutuel Betting Regulations under the Criminal Code (Canada).

Futurity means a stake event in which the competing horse was nominated when its dam was in foal or during its year of foaling.

Handicap means a race in which performance, claiming price, sex or distance allowance is made. Post positions for a handicap may be assigned by the race secretary. Post positions in handicap claiming races shall be determined by claiming price prior to application of allowances.

Heat means a single trial of a race to be decided by a series of heats.

Horse means a horse, mare, colt, filly, gelding or ridgeling.

Horse Improvement Program means a suite of multi-breed Ontario racing and breeding incentive programs (including the Ontario Sires Stakes and the Mare Residency Program).

Horse Racing Appeal Panel (the HRAP) means the Panel established under the Horse Racing Licence Act, 2015.

Illegal Drug means any drug or substance which is not legally obtainable and whose use, sale, possession, purchase or transfer is restricted or prohibited by law.

Impairing Prescription Medication means a substance, other than Marihuana, that may be legally prescribed by a health care professional in Canada and that has the potential to impair the physical or cognitive abilities of the person using the substance, regardless of whether the substance is or is not used as prescribed.

In Harness means when a race is made to go “in harness”, it shall be construed to mean that the performance shall be a sulky. Only dual-shaft sulkies shall be permitted to be used in any race. All sulkies must have a safety hookup. It shall be the responsibility of the owner or trainer to provide every sulky used in a race with uniform coloured or colourless wheel discs on the inside and the outside of each wheel.

Judge means a person delegated by the Registrar to carry out all of the duties and responsibilities specified by the Rules.

Judges’ List means a list of horses that are refused declaration, until removed there from.

Late Closing Event means a race to which nominations close less than six weeks and more than five days before the date on which the race is to be contested. All monies offered for the race by a track or sponsor shall be in addition to all nomination, sustaining and starting payments to determine the purse. All payments are forfeits. Time bars or track qualifying standards shall not be used as conditions for late closing races.

Length of Race and Number of Heats means races or dashes shall be given at a stated distance in units not shorter than a sixteenth of a mile. The length of a race and the number of heats shall be stated in the conditions.

Maiden means a horse that has never won a heat or race at the gait at which it is entered to start, and for which a purse is offered. Races or purse money awarded to a horse after the official sign has been posted shall not be considered winning performance or affect the status of a maiden unless the horse is placed first as the result of a positive test or disqualification of the winner of the race. Should a Maiden finish first in a race for which a purse is offered and is subsequently disqualified it shall not lose its maiden classification.

Marihuana means all parts of the Cannabis plant, its derivatives and compounds that contain the psychoactive cannabinoid chemical “delta-9-tetrahydro-cannabinol” (THC).

Match Race means a race which has been arranged and the conditions thereof agreed upon between contestants.

Matinee Race means a race where an entrance fee may be charged and where the premiums, if any, are other than money.

Medical Review Officer means a licensed physician responsible for receiving laboratory results generated by an agency’s drug testing program, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s positive test result together with his medical history and any other relevant biomedical information.

Minister means the Minister responsible for the administration of Part 1 of the Alcohol and Gaming Regulation and Public Protection Act, 1996.

Nomination means the naming of a horse or in the event of a futurity the naming of a foal in utero, to a certain race or series of races, for a fee.

Non Extended Meeting means any Association in the Province of Ontario which conducts a race meeting of less than 7 days in any consecutive 12 month period with or without pari-mutuel wagering.

Official Chemist means a graduate in chemistry from a university of recognized standing approved pursuant to the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada).

Official Sample means a sample of blood, saliva, urine or other bodily substance that has, in accordance with the Pari-Mutuel Betting Supervision Regulations of the Criminal Code (Canada), been obtained from a horse.

Official Veterinarian means a person employed by the Association and licensed in good standing with the College of Veterinarians of Ontario.

Officials, Racing Officials The following categories shall be considered Officials, or Racing Officials:

1. Judges
2. Race Secretary and/or Assistant Race Secretary
3. Timers
4. Charter
5. Starter
6. A Patrol Judge or Patrol Judges in accordance with Rule 33.01
7. Paddock Judge
8. Equipment Inspector/Horse Identifier
9. Assistant Paddock Judge
10. Paddock Security Custodian
11. Paddock Security Guard
12. Chief Test Inspector and Test Inspectors

Ontario Sire means a stallion registered with the Horse Improvement Program Registry for the Northern Hemisphere breeding season.

Ontario Sired means a horse whose sire was an Ontario Sire registered with the applicable breed registry in the horse’s conception year. 

Ontario Bred means a horse foaled in the Province of Ontario out of an Ontario Resident Mare.

Ontario Resident Mare means a mare, registered with the Horse Improvement Program Registry, foaling out in Ontario that has met all residency eligibility requirements for the birth year.

Ontario Sires Stakes Eligible means a horse whose sire was an Ontario Sire in the horse’s conception year and meets all other Ontario Sires Stakes Program eligibility requirements for the current year.

Overnight Event means a race for which declarations close not more than three clear days, omitting Sundays, Christmas Eve, and Christmas Day, before the date on which it will be contested. In the absence of conditions or notice to the contrary, declarations must close not later than 12 noon of the day preceding the race.

Owner is the full owner, part owner, lessor or lessee of a registered Standardbred horse that has qualified or has been programmed to race at an Ontario raceway within the preceding six months.

Participant means any person, partnership, limited partnership, estate, corporation or other legal entity participating directly in Standardbred horse racing and who, under the Rules, is required to be licensed by the Commission.

Post Position means the position assigned or drawn for a horse for the start of a race.

Post Time means the time set for the arrival at the starting point of the horses in a race.

Preference Date means a date in which a horse has been drawn in to start.

Prohibited Substance means any substance which the Registrar has declared prohibited and includes Marihuana.

Qualifying List is a list of horses that are required to perform in a qualifying race or races.

Qualifying Race means a race in which a horse must establish its ability to participate at a race meeting consistent with the qualifying standards established for that class of horse.

Race means a contest of speed among registered Standardbred horses racing at a trotting or pacing gait and conducted in accordance with these rules.

Raceway means a racetrack located in the Province of Ontario conducting Standardbred racing and classified and licensed annually by the Commission.
Registrar has the same meaning as under the Alcohol and Gaming Regulation and Public Protection Act, 1996.

Registration means that all matters relating to the registration of Standardbred horses, unless otherwise provided for herein, shall be governed by the constitution and by-laws and regulations of Standardbred Canada.

Restricted Area are those areas of the racetrack property used for the purposes of conducting racing to which access is controlled, and includes, but is not limited to the paddock, stabling areas, and the racetrack.

Retention Area means that area within the grounds of a raceway designated for the purpose of obtaining and securing official samples.

Rules means the Commission Rules of Standardbred Racing and any track rules adopted by the Commission.

Safety line means a line that is constructed to prevent failure due to breakage of the line, or breakage or inadvertent loss of the primary connection to the bit.

Safety Sensitive Position means a position, as determined by the Registrar, in which a licensee has a direct role in racing such that Alcohol, Illegal Drug, Impairing Prescription Medication or Prohibited Substance use could result in:

1. An incident affecting the health or safety of employees, licensees, patrons, horses, or the public; or
2. An inadequate response or failure to respond to an emergency or operational situation.

When determining if a position is a Safety Sensitive Position, the factors which the Registrar will consider include, but are not limited, to the following:

1. The type and amount of contact the position has with horses;
2. The extent to which the position requires the individual to be on the racetrack at the same time as horses and the circumstances of that presence on the racetrack.

This category includes any and all licensees required to temporarily act in a Safety Sensitive Position.

The following positions are Safety Sensitive Positions: driver, trainer, groom, starting gate personnel, horse identifier, Commission and Official veterinarian, outrider and blacksmith, test inspector, TCO2 technician and track maintenance personnel.

Sex means gender which includes mare, filly, spayed mare or filly, colt, stallion, ridgeling or gelding.

Singular, Plural means words in the singular number include the plural, and the plural number include the singular.

Spouse means either of two persons who:

1. Are married to each other; or
2. Not being married to each other, are cohabiting in a relationship of some permanence but does not include persons who are living separate and apart from each other pursuant to a written agreement.

Stable Area includes, but is not limited to, those places within the property of an Association wherein the stables, track kitchen, racing offices, training areas, paddock and winner’s enclosure are located.

Stable or Multiple Ownership Manager means the operating executive of a racing stable or multiple ownership who is not otherwise licensed by the Commission as an owner, trainer or driver.

Stake means a race which will be contested in a year subsequent to the closing of nominations.

Substance Abuse Professional (SAP) means an individual with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug related disorders; the SAP will assess if the individual has a problem, make recommendations regarding education and treatment, and recommend a return-to-duty monitoring program including unannounced testing.

Sustaining Fees means fees or payments made subsequent to the acceptance of nomination for an added money event.

Track Rules means rules posted by Associations to govern conduct of racing and participants at that Association’s raceway. Track rules may be adopted in whole or in part by the Commission.

Walk Over means a race when only a horse or horses in the same interest start. In a stake or futurity, a walk over is entitled to the purse. To claim the purse, the horse or horses must start and go the distance of the race.

3.01.01  Deleted.

3.01.02  Deleted.

3.01.03  Deleted.

3.02  A person shall not participate in the affairs of an Association as director, general manager, officer, pari-mutuel manager, agent, or employee of such Association without first receiving a licence from the Commission, nor shall any person participate in racing as an official, owner, driver, trainer, groom, tradesperson, registered Ontario Sires Stakes stallion owner, veterinarian, or authorized agent nor shall anyone practice his or her profession, trade, occupation, or calling, including concessionaire or pari-mutuel employee, unless such person has applied for and been issued a Commission licence classified in the appropriate category. An Association may admit to its grounds the holder of a licence to enable the licensee to have access to the area where the licensee is obliged to perform his/her duties. With permission of the Registrar, a licence will not be required for an employee of a company, partnership or person with whom the Association has an agreement to supply goods or services. The Registrar’s granting or refusal of permission is not subject to appeal.

3.02.01  Where an Association has entered into an agreement with a horsepeople’s organization, representing participants racing at that facility, that horsepeople’s organization must be licensed by the Commission.

3.02.02  Each Association shall ensure that it has an agreement with either of the following for the purposes of Section 3(1)(c)(iii) of the Pari-Mutuel Betting Supervision Regulations:

1. A horsepersons’ organization licensed pursuant to Rule 3.02.01; or
2. Individuals licensed in good standing by the Commission and racing at that Association. Failure to comply with this rule may result in a monetary penalty or suspension.

3.03.01    An applicant for a licence shall complete an application, pay required fee, submit satisfactory evidence of identity, evidence of financial responsibility and further information and documentation as required. Every person licensed by the Commission is deemed to have agreed to abide by the conditions set out in the application for the licence, the licence itself, the Act, the Rules and regulations thereunder.

3.03.02  In an emergency situation, if an application has been received along with the required fees, a temporary licence may be issued. The temporary licence is valid for 30 days from the date of issuance, unless otherwise notified by the Commission.

3.03.03  Notwithstanding rule 3.02, the Registrar will recognize for non-residents participating in racing in Ontario, valid licences from recognized racing jurisdictions that have an agreement with the Commission or the National Racing Compact. In order to be recognized the licensee must be in good standing in all jurisdictions and have provided the Commission with a reciprocal licensing form or other form approved by the Registrar, outlining name, address and licensing particulars prior to racing. For the purpose of this rule, a non-resident of Ontario shall have the definition attributed to a non-resident of Canada in the Income Tax Act (Canada). Non-residents of Ontario who have provided a reciprocal licensing form shall be deemed to be licensees of the Commission and subject to the Commission Rules and Registrar’s Directives.

3.04  A licensee must provide and ensure that the Registrar receives notice of any change in permanent address not later than five (5) days after the change.

3.05.01  The licence fees to be paid to the Commission by personnel concerned in racing are in such amounts currently established by the Board and approved by the Minister. An applicant for a licence will not be considered as a renewal owner if his/her licence has been in a state of lapse for five racing seasons prior to the season of application.

3.05.02  Deleted.

3.06  An employee or licensee of the Commission or employee of any Association shall not give to anyone, directly or indirectly, for reward or any other consideration, any information or advice pertaining to a race for the purpose of influencing any person, or that would tend to do so, in the making of a wager on any horse in any race. In the case of Association employees, this shall not apply to selections which appear in the official program, the media, or other approved publication.

3.07  Anyone under the age of 18 applying for a licence must provide a parental consent submission. Any application for a person 16 years of age or younger must be approved by a Judge.  A person under 10 years of age is only eligible for an owner’s licence, unless otherwise approved by the Judges.

3.07.01  Each licensee:

1. Shall have in his or her possession a valid licence issued to the licensee whenever the licensee is:
   1. in the restricted area of the Association, or
   2. acting in a capacity for which a licence is required; and
2. Shall produce his or her licence upon request by an authorized representative of the Association, a racing official or a representative or member of the Commission.

3.07.02  The Association shall ensure that no individual enters or is permitted to enter the restricted area of the Association unless that individual:

1. Has in his or her possession a valid licence issued to that individual; or
2. Is a guest of a licensee who has in his or her possession a valid licence issued to that licensee and the guest is signed-in by that licensee and the Association has issued to the guest a “guest pass” which the guest is obliged to have in his or her possession while in the restricted area of the Association and to produce to an authorized representative of the Association, a racing official or the Registrar.

3.07.03  Any person who fails or refuses to produce upon request by an authorized representative of the Association, a racing official or a representative or member of the Commission his or her valid licence or a guest pass issued to him or her pursuant to Rule 3.07.2 may be subject to a monetary penalty and/or suspension by the Judges in the case of a licensee or to removal from the premises by the Association in the case of a guest. The licensee shall be responsible for the conduct of their guest(s).

3.08  Deleted.

3.09  The Registrar may suspend the licence of any licensee who has accumulated unpaid obligations relating to racing, become bankrupt, or otherwise displayed financial irresponsibility reflecting on the sport. No such action shall be taken unless and until the Registrar is presented with a judgement or judgements from a court or courts having competent jurisdiction over the matter and the Registrar is satisfied that the participant is indebted and has been adjudged a debtor in a matter relating to Standardbred Racing in any of its forms.
In the case of a licensee who has become bankrupt, the Registrar may license such participant to work for wages for another licensed participant. However, the bankrupt licensee may not carry on his/her trade or calling as an independent business or operate as a public stable without the permission of the trustee in bankruptcy and the Registrar.

3.09.01  Any act or omission in business practices related to Standardbred horse racing in any or all of its forms, which, when measured against generally accepted standards of good conduct would be regarded as dishonest, unfair or unsportsmanlike or contrary to the public interest, shall be deemed to be a violation of these Rules and shall be dealt with accordingly at the discretion of the Judges. The ruling and subsequent publication regarding penalty shall include the specific part of the Rule which the licensee violated. In determining whether any act or omission offends this Rule, regard may be had to any Code of Ethical and Professional Business Conduct that may have been adopted by a horsemen’s association.
The following subparagraphs of this Rule provide particulars of conduct contemplated by this Rule but are not meant to be exhaustive.

1. Without limiting the generality of the foregoing, the relationship between an owner and trainer shall be based on integrity, disclosure, maintaining the health and welfare of the horse and acting in the best interests of racing. Conduct unbecoming an industry participant also refers to conduct that occurs outside of the business of horse racing but which brings the industry into disrepute;
2. Any person who may gain a benefit, financial or otherwise, directly or indirectly, in connection with the sale, purchase, lease or claiming of a race horse shall disclose in writing to all affected parties involved in the transaction the details of such benefit or the existence of any arrangement that would lead to such a benefit;
3. All of the terms of a trainer’s engagement should be set out in a written contract between the owner and trainer. At a minimum, a trainer shall advise an owner in writing as to the services to be provided by the trainer for which the owner is to be financially responsible, the trainer’s rate schedule including day rate and commissions on purses earned by the horses and the terms of payment;
4. A trainer shall ensure that an owner is advised as soon as it is practical to do so of any material problems affecting an owner’s race horse in his/her care that could affect its racing potential or ability to be trained on a continuous basis;
5. If an oral offer is presented to a trainer to purchase or lease any interest in an owner’s horse, the trainer shall request that such offer be reduced to writing. A trainer shall immediately notify the owner of any written offer received;
6. A trainer shall maintain records relating to the particulars of any medications administered to horses in his/her care. For the purposes of this Rule, the term medication shall mean a medication that could result in a positive test;
7. A trainer shall not put his/her interest above the interests of his/her owner;
8. An owner who wishes to cease using the services of a trainer and transfer some or all of his/her race horses to another trainer, shall pay prior to the time of transfer the outstanding account of the said trainer to the date of the transfer with respect to the horses being transferred;
9. The Registrar and/or the Judges may require a licensee to provide documentary evidence of any transaction or record referred to or contemplated by this Rule. Refusal or failure to comply may result in a suspension of the licence;
10. Any act or omission which contravenes this Rule shall be dealt with at the discretion of the Registrar and/or the Judges and may include monetary penalty and/or suspension.

3.10  Where the licensee is suspended by the Registrar, or by the pari-mutuel regulatory agency of another province or state recognized by the Commission, or Standardbred Canada or the United States Trotting Association, the suspended licensee shall be prohibited from participating in any activity regulated by the Commission. The suspension shall, in addition, render ineligible for declaration or starting, every horse in which the suspended licensee has any ownership interest or trainer responsibility. Eligibility for affected horses in such cases may be restored by transfer of the suspended licensee’s interest or responsibilities to another licensed person, if approved by the Judges of the meeting.

3.11  A licence becomes invalid if the licensee ceases to be employed or to act in the capacity named in the licence and that licence shall be surrendered to and retained by the Registrar.

3.11.01  Any licensee who is required to be employed by another licensee, or who employs other licensees, must provide the name of his or her applicable employers or employees on their application, or make a regulatory submission, and update the information if it changes.

3.12  No licence shall be granted to any applicant who, at the time of such application was not licensed in the Province of Ontario and, in addition, was under suspension by any commission, Judges, Stewards or any pari-mutuel regulatory agency of another Province or State recognized by the Commission. The foregoing prohibition shall apply to any applicant so affected irrespective of any appeal that may be pending in the jurisdiction or jurisdictions other than the Province of Ontario that have imposed a suspension.

3.13  Any person making any false, untrue or misleading statement on an application for a licence or registration, or on any other document or examination required for licensing or pursuant to the Rules, may be denied such a licence or registration or may be subject to a monetary penalty or suspended.

4.01  Deleted.

4.02  The Registrar delegates to the Administration responsibility for the supervision of Standardbred Racing in the Province of Ontario and the duties of the Administration shall include but not be limited to the following:

1. The issuing of orders in the name of the Registrar subject to appeal to the HRAP;
2. The making of reports to the Registrar as the Registrar requires and/or as the Administration deems fit;
3. The supervision of all Commission and Association officials and employees in the performance of their duties;
4. Deleted.
5. Deleted.
6. Deleted.

The Registrar’s delegation is not subject to appeal.

5.01  At an extended race meeting, except in the case of an emergency, there shall be a minimum of two Judges employed and appointed by the Commission, one of whom shall be designated by the Registrar as Senior Judge under whose supervision the Judges shall, collectively, carry out all the duties and responsibilities specified in the Rules. All decisions of the Judges shall be determined by majority vote. In cases where there are only two Judges officiating, the Senior Judge or the Judge designated as the Senior Judge by the Registrar, shall have in addition to the regular vote, a casting vote.  The Registrar’s appointments and designations pursuant to this rule are not subject to appeal.

5.02  Deleted.

5.02.01  Deleted.

5.03  Deleted.

5.04  Each Association shall ensure that it has an agreement with either of the following for the purposes of Section 3(1)(c)(iii) of the Pari-Mutuel Betting Supervision Regulations:

1. A horsepersons’ organization licensed pursuant to Rule 3.02.01; or
2. Individuals licensed in good standing by the Commission and racing at that Association. Failure to comply with this rule may result in a monetary penalty or suspension.

5.05  A person, unless accredited by Standardbred Canada, will not be licensed by the Commission in the following roles:

1. Judge;
2. Race Secretary;
3. Assistant Race Secretary;
4. Starter (accredited starters are recognized as accredited patrol judges);
5. Paddock Judge;
6. Patrol Judge;
7. Charter (effective July 1, 2008).

5.06  An Association approved to conduct a race meeting shall submit to the Registrar a list of officials thirty (30) days prior to the commencement of racing in any calendar year.

5.07  An Official shall not, without the consent of the Registrar, act in more than one official position. The Registrar’s decision regarding his or her consent is not subject to appeal.

5.08  A Racing Official shall not engage in any employment or activities at a racetrack during the conduct of an approved race-meeting other than the employment and activities for which he/she has been approved by the Registrar.

5.09  An Official may be penalized or suspended at any time by the Registrar for cause.

5.10  Deleted.

5.11  The Judges have the power, and it is their duty, to regulate and govern the conduct of all racing, and all participants. If any participant refuses to comply with the directions of the Judges, he/she shall be subject to a monetary penalty, suspended, or expelled.

5.12  In the absence of the Registrar the Judges are the representatives of the Commission on the grounds of an Association when it is conducting a race meeting and they shall:

1. Issue Rulings in the name of the Registrar, subject to appeal in accordance with the rules;
2. Make such reports to the Registrar as required;
3. Supervise, in the performance of their duties, all Commission and Association officials and employees;
4. Report to the Registrar unless otherwise instructed; and
5. In the event Judges are unable to use any equipment which is used as an aid for reviewing a race or assigning the official order of finish, they shall decide all related matters on the basis of their visual observations and any reports received by them and their decisions, subject to an appeal to the HRAP, shall be final.

5.13  In the performance of their duties, the Judges shall have reasonable control over and unrestricted access to all buildings, stables, rooms and all other places within the grounds of any Association.

5.14  In all matters pertaining to racing, the orders of the Judges shall supersede the orders of the officers, Corporate Directors and officials of the Association.

5.15  The Judges may:

1. Declare any horse disqualified or ineligible to race for violations of the Rules or for noncompliance with the conditions of any race in which the horse has been declared;
2. Demand proof that a horse in any particular race is eligible or that it is not owned or trained in whole, or in part, by a suspended person or has been declared to race by a suspended person. In the absence of satisfactory proof, the Judges may scratch the horse.

5.16  Before the Judges order a disqualification in any race, they shall view the video tape, when available, of the race in question.

5.17  The Judges may refuse the declaration of any horse for any reason they consider proper. A horse so refused shall be placed on the Judges’ List.

5.18  The Judges may, at any time, place a horse in the temporary charge of a person they select and the owner shall be responsible for any reasonable costs incurred.

5.19  The Judges may excuse a horse from starting for any reason they consider proper, and in accordance with the Rules.

5.20  The Judges may allow a mistake on a declaration or nomination form or condition sheet to be corrected if satisfied that no fraud was intended.

5.21  Corrections to information contained in official performance records can be made only by the Judges or an authorized official. Any participant tampering with the official performance records to effect unauthorized changes or entries may be subject to a monetary penalty, suspended or expelled.

5.22  No Ruling made by the Judges, Commission Administration, the Registrar, or by the HRAP with regard to distribution of purse money or the placing of horses in the order of finish, after the race has been declared official shall have any bearing on the pay-out prices of the distribution of pari-mutuel pools. If an incorrect order of finish is posted, declared official and then ruled to be in error, the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) respecting pay-out prices shall apply.

6.01  The Judges may impose any or all of the following penalties for conduct prejudicial to the best interests of racing, or for violation of the Rules:

1. Refuse a person admission to the grounds of an Association;
2. Expel a person from the grounds of an Association;
3. Impose a monetary penalty, suspension or both; or
4. Impose conditions on a licence.

6.02  Violation of the following shall make a licensee subject to a monetary penalty or suspension:

1. Failure to drive when programmed without having been excused by the Judges;
2. Use of offensive or profane language;
3. Delete (SB Directive 2-2010);
4. Failure to wear silks when warming up a horse prior to racing;
5. Disturbing the peace;
6. Failure to have a proper saddle cloth on a horse when warming up for a race;
7. Failure to participate in, or being late for a post parade without permission of the Judges; or
8. Failure to have proper head number and saddle cloth on a horse when racing;
9. Smoking is prohibited within 10 feet of any designated signed areas, stall, tack room, shedrow or any portion of a barn including the paddock. For the purpose of this rule, the paddock will include the cafeteria, drivers’ change room, washrooms and offices within the paddock area. Smoking is also prohibited anywhere on the racetrack surface from two hours prior to the post time for the first race to the completion of the race card. Penalty for an infraction of Rule 6.02(i)
   
   1. First violation will result in a $50 monetary penalty,
   2. Second violation within a year of the first violation will result in a $300 monetary penalty or a 5 day suspension or both,
   3. Third violation within a year of the first violation will result in a minimum monetary penalty of $500 and a 7 day suspension,
   4. Fourth violation within a year of the first violation will result in a suspension and referral to the Registrar.

6.03  Any participant alleged to have violated the Rules shall be notified by the official of the rules allegedly violated, prior to the Judge making a decision. In the event the violation occurs during the course of a race meeting, no decision shall be rendered without the consent of the participant until at least 24 hours have elapsed to enable the participant time to provide a response.

6.04  The Registrar may determine that a person has violated the Rules and impose a monetary penalty, conditions and/or suspensions for any violation of the Rules on any matter deemed not to be in the best interest of the sport, subject to appeal to the HRAP in accordance with the Rules.

6.05  Any attempt to violate any of the Rules of the Commission falling short of actual accomplishment shall constitute a violation of the Rules.

6.06  Any person alleged to have violated any of the Rules may admit the violation in writing but this shall not be considered a waiver of their ability to appeal the penalty imposed.

6.07  In the event that the Judges require a participant to appear before them and they are unable to notify the participant, they may suspend such participant if it is deemed in the best interest of the sport or having notified a participant and he/she fails to appear, the Judges may suspend or impose a monetary penalty on such participant.

6.08  Before the Judges impose a penalty on any driver in a race, they shall view the video tape, when available, of the race and shall interview such drivers they deem necessary and shall consider any information concerning the race that can be ascertained.

6.09  Once the Judges have viewed the video tape, when available, interviewed such drivers as they deem necessary, and considered any information as per Rule 6.08, a driver alleged to have violated the Rules shall be given an opportunity of appearing before the Judges and hearing all witnesses against him, and of seeing the video tape, when available, of the race before any penalty is imposed by the Judges.

6.10.01  Whenever a suspension is prescribed it shall be construed to mean an unconditional exclusion from the grounds of all Associations where a licence is required and disqualification from any participation, either directly or indirectly, in racing unless otherwise specifically limited when such suspension is imposed, such as a suspension from driving.

6.10.02  Notwithstanding the provisions of Rule 6.10.01, whenever a suspension is imposed by the Judges for a violation of Rule 10.01 (a) and/or (b), such suspension shall at all times be a full suspension which may be modified only by the Registrar. Reference must also be made to Rule 10.04.

6.11  Where the penalty is for a driving violation and does not exceed in time a period of five days, the driver shall complete the engagement of all horses declared in before the penalty becomes effective. Such driver may only drive in stake, futurity, early closing or late closing races during a suspension of five days or less, but the suspension will be extended one day for each date on which he/she drives in such a race.

6.12  Any participant who has been assessed a monetary penalty, suspended or expelled, may be advised verbally by an official, which shall constitute proper notice. In any event, notice shall be delivered to the person penalized.

6.13.01  A horse shall not be eligible to be entered to, or start in any race, if owned or controlled in whole or in part, by a suspended, disqualified, unlicensed or ineligible person.

6.13.02  If a suspended, disqualified, unlicensed or ineligible person purports to transfer his or her interest in a horse during such period of ineligibility, the Judges may enquire into any transfer in order to ensure that the racing of a horse is not under the control or influence of the transferor.

6.13.03  During such an enquiry the Judges may require the submission of documentary evidence to establish that the transfer is a bona fide transaction. Such documentary evidence may consist of, but may not necessarily be limited to, a statutory declaration relating the following facts:

1. That the transferee maintains separate books and records relating to the racing of his or her horses and all money earned from racing or used for the payment of debts relating to racing is neither deposited to a joint account nor paid from a joint account of the transferor;
2. That the transferee is responsible for his or her own obligations and liabilities incurred in the course of his or her racing business and such obligations are paid from the transferee’s separate and independent account;
3. That the transferee contracts independently of the transferor with any tradespeople, with any other entity and with the Association at which he/she is racing;
4. That the transferee maintains a wholly and independent financial interest from the transferor;
5. That the transferee conducts his or her business relating to the racing of Standardbred horses in a manner wholly independent of the transferor and neither the transferee nor the transferor influences the other in any matter whatsoever with respect to the racing of Standardbred horses.

6.13.04    In the event a nomination or entry is made by or for a suspended person or horse, the owner of the horse shall be held liable for any nomination, sustaining or starting fees thus contracted and the horse shall not be eligible to compete.

6.14  Where a trainer is suspended by reason of a positive drug test or violation of Rule 22.38 relating to a horse trained by him or her, all horses trained by the suspended trainer may be permitted to compete provided during the suspension the horses are transferred to another trainer approved by the Judges. Upon a second or subsequent violation(s) by the trainer, the horse or horses to which the violation applies shall be suspended and ineligible to start in any race for such period of time as the Judges or Registrar may order.

6.15  Monetary penalties imposed in accordance with the rules are payable forthwith upon their imposition and before the participant races again, unless there has been an appeal filed. A licensee who fails to pay such monetary penalty may be suspended until the monetary penalty is paid.

6.16  Any call, decision or penalty imposed by the Judges can be removed or modified by the Registrar and is subject to appeal in accordance with the Rules.

6.17  A person, at any time or place, shall not against any official or participant:

1. Commit assault or battery;
2. Threaten to do bodily injury;
3. Use insulting, offensive or improper language; or
4. Engage in any improper conduct.

6.18  If any person is approached with any offer or promise of a bribe fraudulent in its nature, or for any improper, corrupt or fraudulent act in relation to racing, it shall be the duty of such person to report the details thereof immediately to the Judges.

6.19  A participant shall be considered to have violated the Rules for wrongfully attempting to or succeeding to affect the outcome of any race, either individually or in concert with another.

6.20  A participant shall be considered to have violated the Rules:

1. For any misconduct which is injurious to racing although not specified in these rules;
2. For any misconduct prejudicial to the best interests of racing; or
3. For committing or attempting to commit any other act injurious to racing.

6.21  Providing inaccurate information about a horse, or attempting to have misleading information given in a program is prohibited and violators may be subject to a monetary penalty, suspended or expelled.

6.22  Any participant committing an act of cruelty or neglect to a horse, whether on or off the grounds of an Association, shall be liable to a monetary penalty or suspension or both.

6.23  It is the duty of all Racing Officials and employees of the Commission, or Association, to promptly report to the Judges all observed violations of the rules.

6.24  When an alleged violation by or against a participant is being reviewed by the Judges, such participant may be represented by any person of his or her choice.

6.25  Any person who pays any amount or charge due the Commission which upon presentation is protested, payment refused, or otherwise dishonoured, shall by order of the Registrar, be subject to a monetary penalty not exceeding the amount in default and shall be suspended until the amount and monetary penalty are paid to the Commission.

6.26  A participant obtaining purse money through fraud or error shall surrender or pay same to the Commission upon demand, or he/she shall be suspended until such demand is complied with. Such purse money shall be awarded to the party justly entitled to the same.

6.27  In any inspection or case, whether or not an oath is administered, if the participant knowingly withholds information or misleads the Inspectors or the Judges, it shall constitute a violation.

6.28  Deleted.

6.29  Subject to the Horse Racing Licence Act, 2015, whenever reasonable grounds exist for a belief that any participant can give material evidence that would aid in the detection or exposure of any fraud or wrongdoing concerning racing, such participant shall, on the order of the Judges or other authorized official, be required to provide information. Failure of any participant to comply may result in a suspension.

6.29.01    A safety vest, meeting the standards for protective safety vest, must be worn at all times on the premises of an Association when:

1. Racing; or
2. Parading or warming up a horse prior to racing; or
3. Jogging, training or exercising a horse at any time. A violation of this rule will result in a suspension and/ or monetary penalty.

6.30  No licensee who has declared a horse to a race shall demand of the Association bonus of money, special award, or consideration, as a condition for starting the horse.

6.31  Deleted.

6.32  Deleted.

6.33  Deleted.

6.34  Deleted.

6.35  Deleted.

6.36  Deleted.

6.37  Deleted.

6.38.01  Deleted.

6.38.02  Deleted.

6.38.03  Deleted.

6.38.04  Deleted.

6.38.05  Deleted.

6.38.06  Deleted.

6.39 A protective helmet, meeting the Snell Foundation standards for protective harness racing headwear, securely fastened under the chin, must be worn at all times on the premises of an Association when:

1. Racing, parading or warming up a horse prior to racing; or
2. Jogging, training or exercising a horse at any time. A violation of this rule will result in a suspension or monetary penalty and the participant may be referred to the Registrar.

6.40  Deleted.

6.41  In the event any participant is involved in an accident on the track, the Judges may order such participant to submit to a physical examination.

6.42  If any owner, trainer or driver threatens to join with others in threatening not to race, or not to declare in because of the declaration of a certain horse or of a particular stable, thereby compelling or trying to compel the race secretary to reject certain eligible declarations, it shall be immediately reported to the Judges and, if found to be in violation, the parties may be suspended.

6.43  Racing Officials are prohibited from racing horses they own wholly or in part or wagering on any horses at tracks where they are employed or officiating. Judges or their spouses are prohibited from racing horses they own wholly or in part or wagering on any horses at any tracks in Ontario at any time.

6.44  A person having an interest in the result of a race by reason of ownership in a participating horse shall not act as a Racing Official during that entire program of racing.

6.45  An owner, trainer, driver, agent, employee or groom shall not have pari-mutuel tickets in his or her possession, or bet or cause any other person to bet on his or her behalf, on any other horse in any race in which a horse owned, trained, or driven, or in which he/she in any way represents or handles as a starter; except in the case of feature wagering events where an owner, trainer, driver, agent, employee, groom may bet, or cause any other person to bet on his or her behalf, only on combinations in which his or her horse is selected in the Win position.

6.46.01  No person shall possess, administer, traffic, or attempt to possess, administer, or traffic, in a drug, substance or medication, or anything held out to be a drug, substance or medication, for a horse:

1. For which an official chemist shall classify an official sample as positive and issue a certificate of positive analysis in accordance with section 165 of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada);
2. Which has not been labeled for veterinary use under the Food and Drugs Regulations under The Food and Drugs Act (Canada) or, if labeled for human use under the Food and Drugs Regulations, has not been prescribed by a veterinarian after conducting an examination of the horse and determining that the drug, substance or medication is medically required by the horse and the drug, substance or medication is used only for that horse in accordance with the prescription issued by the veterinarian; and/or
3. Which may endanger the health and welfare of the horse or endanger the safety of a driver; and/or
4. Which is not labeled, or accurately labeled, with the contained drug, substance, medication, or active ingredient; and/or
5. Which may adversely affect the integrity of racing; and/or
6. Which is listed here after:
   
   1. Erythropoietin or any of its synthetic derivatives, or
   2. Any synthetic hemoglobin like substances.

For the purposes of this section, trafficking includes, but is not limited to, keep for sale, deliver, manufacture, sell, transport, distribute, give, import, and/or export. Notwithstanding (a) and (b), a veterinarian may possess the drug, substance or medication other than erythropoietin, or any of its synthetic derivatives or any synthetic hemoglobin like substances if the possession is in the ordinary course of the practice of veterinary medicine for purposes of prescribing or administering the drug, substance or medication for the treatment of a horse.
Notwithstanding (a) and (b), a person licensed as a trainer, owner, or groom may possess or use a drug, substance or medication for a horse that is on a list established by the Registrar provided that such possession or use is not otherwise contrary to the Rules, the Food and Drugs Act and its regulations, the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada), the Livestock Medicines Act, Controlled Drugs and Substances Act (Canada) and its regulations, the Health Disciplines Act and its regulations, the Veterinarians Act and its regulations, or any conditions to the possession and use imposed by the Registrar.

6.46.02  The Registrar may establish a list of drugs, substances or medications for purposes of Rule 6.46.01 and may impose conditions to the possession or use of the drug, substance or medication.  The Registrar’s established list and imposed conditions are not subject to appeal.

6.47.01  If a horse dies within 14 days of it being entered or qualified to race, the trainer of record at the time of the death of the horse shall:

1. Inform the Registrar in writing within 2 days of the death of the horse that the horse has died, and the location and premises where the horse died;
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death;
3. When directed to do so by the Registrar, transport the horse at the trainer’s or owner’s expense immediately, or as soon as transportation can be arranged but in any event no later than 2 days of the death of the horse, to a facility approved by the Registrar for a post-mortem and such testing as the Registrar may determine is appropriate; and
4. Instruct the person conducting the post-mortem and the testing to provide the results of the post-mortem and testing and any reports prepared with respect to the post-mortem and testing to the Registrar within 5 days of their completion.

6.47.02  Where there is no trainer of record at the time of the death of the horse, the owner of the horse shall:

1. Inform the Registrar in writing within 2 days of the death of the horse that the horse has died, and the location and premises where the horse died;
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death;
3. When directed to do so by the Registrar, transport the horse at the owner’s expense immediately, or as soon as transportation can be arranged but in any event no later than 2 days of the death of the horse, to a facility approved by the Registrar for a post-mortem and such testing as the Registrar may determine is appropriate; and
4. Instruct the person conducting the post-mortem and the testing to provide the results of the post-mortem and testing and any reports prepared with respect to the post-mortem and testing to the Registrar within 5 days of their completion.

6.47.03    If a horse dies after 14 days but within 60 days of it being entered or qualified to race, the trainer of record at the time of the death of the horse shall:

1. Inform the Registrar in writing within 2 days of the death of the horse that the horse has died, the location and premises where the horse died and the cause or apparent cause of death; and
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death or who determined the cause or apparent cause of death and of any post-mortem or other tests conducted on the horse to determine the cause of death.

6.47.04  If a horse dies after 14 days but within 60 days of it being entered or qualified to race, and there is no trainer of record at the time of the death of the horse, the owner of the horse shall:

1. Inform the Registrar in writing within 2 days of the death of the horse that the horse has died, the location and premises where the horse died and the cause or apparent cause of death; and
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death or who determined the cause or apparent cause of death and of any post-mortem or other tests conducted on the horse to determine the cause of death.

6.47.05  If a horse dies after 14 days but within 60 days of it being entered or qualified to race, the Registrar may order the trainer of record at the time of the death of the horse or the owner of the horse if there was no trainer of record at the time of the death of the horse to transport the horse to a facility approved by the Registrar for a post-mortem and such testing as the Registrar may require to be conducted on the horse at the expense of the trainer or owner, as the case may be. The trainer or owner, as the case may be, shall instruct the person conducting the post-mortem or testing to provide the results of the post-mortem and testing and any reports prepared with respect to the post-mortem and testing to the Registrar within 5 days of their completion.

6.47.06  If a horse being treated by a veterinarian dies within 60 days of being entered or qualified to race, the veterinarian shall inform the Registrar in writing within 2 days of the death of the horse that the horse has died, the location and premises where the horse died and the cause or apparent cause of death.

6.47.07  The Registrar may:

1. Find that a trainer, owner or veterinarian failed to report a horse death pursuant to the Rules; and
2. Upon notice, impose a monetary penalty, period of suspension of a licence or such other penalty as is appropriate in the circumstances on that trainer, owner or veterinarian or impose conditions on the licence of that trainer, owner or veterinarian.

6.47.08  The Registrar may approve a facility to conduct a post-mortem and testing if:

1. The Registrar is satisfied that the facility is adequately equipped and secure to carry out the post-mortem and testing;
2. The Registrar is satisfied that the facility operator is competent and that the individuals who will carry out the post-mortem and testing have the requisite training and professional designations or requirements to do so, including a veterinary pathologist; and
3. The facility operator and the Registrar have entered into an arrangement, memorandum of understanding or agreement with respect to, among other things, the standards for the carrying out of and reporting on the post-mortem and testing, the confidentiality and use of the results of the post-mortem and testing and any reports prepared therefrom, including use for research purposes for the betterment of racing, protection of horses and their health, and enforcement purposes.

The Registrar’s approval or refusal of a facility is not subject to appeal.

6.47.09  Deleted.

6.48.01  Horses may be tested for the indication of the administration of erythropoietin or any of its synthetic derivatives as follows:

1. Once entered to race;
2. When claimed;
3. When a horse has died and the trainer or owner is required to report the death of the horse;
4. Any horse that was entered or raced within the previous 60 days.

6.48.02  The holder of a licence as an owner and/ or trainer issued by the Commission shall constitute permission to allow a person designated by the Registrar to collect or otherwise obtain biological samples from any horse owned and/or trained by a licensee, for purposes of testing. Samples may be collected and tested at any time, whether stabled on or off the grounds of the racing association. Where a blood sample has been collected for purposes of TC02 testing, that sample may be used for testing for the indication of the administration of erythropoietin or any of its synthetic derivatives, and/or any other substance as designated by the Registrar.

6.48.03  The Registrar shall establish a protocol for the collection of or to obtain biological samples from horses and for the testing for the indication of the administration of erythropoietin or any of its synthetic derivatives. Licensees shall comply with the protocol. The Registrar’s establishment of the protocol and the content of the protocol are not subject to appeal.

6.48.04  The Registrar may approve one or more tests where he or she is satisfied that the testing methodology used is appropriate to determine whether or not the sample will result in the indication of the administration of erythropoietin or any of its synthetic derivatives. The Registrar’s approval or refusal to approve tests is not subject to appeal.

6.48.05  The Registrar may approve a laboratory operator to conduct the testing:

1. If he or she is satisfied that the laboratory is adequately equipped and secure to carry out the testing;
2. If he or she is satisfied that the laboratory operator is competent and that the individuals who will carry out the testing have the requisite training to do so; and
3. The laboratory operator and the Registrar have entered into an arrangement, memorandum of understanding or agreement with respect to, among other things, the standards for the carrying out of the testing, the reporting of the results of the testing, the confidentiality and use of the results of the testing and any reports prepared therefrom, including use for research purposes for the betterment of racing, protection of the horse and the health of the horse, and enforcement purposes.

The Registrar’s approval or refusal of a laboratory is not subject to appeal.

6.48.06  If there is confirmation of the administration of erythropoietin or any of its synthetic derivatives in the biological sample obtained, the horse from which the sample was collected or obtained shall be placed on the Veterinarians’ List (long term) and shall not be removed from the Veterinarians’ List until the Registrar is satisfied that there is no indication of the administration of EPO or any of its synthetic derivatives in the biological sample from the horse.

6.48.07  The Judges shall declare a claim invalid if there is indication of the administration of erythropoietin or any of its synthetic derivatives in the biological sample of a horse that was claimed in a race and the Judges are so notified in writing by the Registrar and the claimant of the horse requests that the claim be declared invalid. A request must be made within 48 hours of the claimant, the claimant’s trainer or the claimant’s authorized agent being advised that the administration of erythropoietin or any of its synthetic derivatives were detected. Once the claim is declared invalid, the horse shall be returned to the previous owner, that owner’s trainer or that owner’s authorized agent, and the amount of the claiming price shall be repaid to the claimant. The claimant shall be responsible for any reasonable costs incurred for care or training of the horse while it was in the possession of the claimant or his trainer.

6.48.08  For purposes of testing for the indication of the administration of erythropoietin or any of its synthetic derivatives in the biological sample, the Registrar shall establish by Directive the detectable limit for each test that has been approved. The establishment of the detectable limits and provisions are not subject to appeal.

6.49  An owner or trainer may be held wholly or partially responsible if any drug substance or medication administered or prescribed by him results in:

1. The indication of the use of erythropoietin or any of its synthetic derivatives for purposes of the Rules and, if held wholly or partially responsible, may be subject to a monetary penalty and/or suspended by the Judges;
2. The confirmation of the use of erythropoietin or any of its synthetic derivatives for purposes of the Rules and, if held wholly or partially responsible, may be subject to a monetary penalty and/or suspended by the Judges.

6.50  When a change of ownership of a horse racing in Ontario has occurred, the former owner must make the medical history of that horse available upon request to the new owner within 72 hours of the request. The request for medical records must be made within 30 days of any transfer.

6.51  For the purposes of Rule 6.50, the medical history of the horse shall include the records of administration, including brand and date for:

1. Vaccinations,
2. Dewormings.

6.52  No person, other than a veterinarian licensed by the Commission, shall have or use Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy on any race horse and the following conditions of use must be met:

1. Be used only for a valid diagnostic or therapeutic treatment or procedure;
2. No treatment or procedure is allowed within 4 days (96 hours) prior to competing in a race, which includes a qualifying race; and
3. Any treatment or procedure must be recorded, including the date and time, and maintained as part of the record of the horse.

6.53 

1. Trainers and veterinarians shall ensure that a horse entered to race is not administered any medications, drugs or substances 24 hours prior to post time of the first race on the day of racing. Furosemide properly administered in accordance with the Ontario Standardbred Exercise Induced Pulmonary Haemorrhage (EIPH) Program shall not be considered a violation of Rule 6.53.
2. Trainers shall ensure that there is no unauthorized contact between horses and veterinarians 24 hours prior to post time of the first race on the day of racing, with the exception of Official and Commission Veterinarians.
3. Veterinarians shall not have unauthorized contact with horses 24 hours prior to post-time of the first race on the day of racing. Veterinarians licensed in multiple categories shall be prohibited from acting in the capacity as a veterinarian for a horse entered to race during the 24 hour period.
4. Should a veterinarian be required to treat a horse entered to race within 24 hours prior to post time of the first race on the day of racing on an emergency basis, the veterinarian and the trainer shall notify a Judge as soon as reasonable in the circumstances and the horse shall be scratched.
5. If a horse has raced after unauthorized contact with a veterinarian, the horse shall be disqualified for the race in question and if any purse money was earned it shall be redistributed.
6. A Judge may order the withdrawal or disqualification of any horse that has been administered any medication contrary to Rule 6.53.

6.54    No person, other than a veterinarian licensed by the Commission, shall have or use a Blood Gas Machine on any race horse and the following conditions of use must be met:

1. Be used only for a valid diagnostic procedure;
2. Any treatment or procedure must be recorded, including the date and time, and maintained as part of the record of the horse.

7.01 Associations failing to comply with any rule in this chapter or a track rule, shall be subject to a monetary penalty, suspension, or revocation.

7.02  Deleted.

7.02.01  An Association shall not:

1. Operate a racetrack at which racing is conducted without applying for a licence, race dates and the post time for the first race of each program, and having them approved by the Registrar;
2. Change its race dates or the post time for the first race on any race date by more than 30 minutes, without having such change approved by the Registrar; or
3. Operate a racetrack without payment of the monthly fee for regulatory funding.

7.02.02 A decision of the Registrar regarding approval or non-approval of race dates is not subject to appeal.

7.02.03 The Registrar will not approve race dates for December 24th and December 25th of any year.

7.03 Before performing their duties, all Officials of an Association shall be approved in writing by the Registrar. The Registrar’s approval or non-approval is not subject to appeal.

7.04  Deleted.

7.04.01 An Association shall provide facilities necessary for the Commission’s designated representatives to carry out their duties for the purposes of licensing and pre and post races duties.

7.04.02 Associations conducting extended meetings shall provide a paddock which shall have security and maintain records of all persons entering and leaving. The paddock must be constructed and policed so as to exclude unauthorized persons.

7.04.03 Associations conducting extended meetings shall provide a paddock that at minimum:

1. includes the services of a blacksmith during racing hours
2. ensures suitable extra equipment necessary to prevent unnecessary delay to the racing program; and
3. includes direct communication facilities to the Judges’ stand.

7.04.04 An Association shall provide a Judges’ stand that:

1. allows Judges to carry out their duties
2. allows Judges to communicate to drivers any health or safety concern on the racetrack
3. ensures security and safety; and
4. is acceptable to the Registrar.

7.05  Deleted.

7.05.01 At extended meetings where pari-mutuel wagering is conducted, Associations shall make available to the public a printed program which shall provide as a minimum:

1. Name, sex, colour and sire and dam of horses
2. Names of owners and lessees of horses
3. Names of breeders of horses
4. Drivers’ first and last names and colours
5. In claiming races, the price for which a horse may be claimed
6. Gross purse money for each race designated in dollars
7. Current summary of starts in purse races during the current year. The summary shall include the number of starts, firsts, seconds and thirds and also the earnings and best winning time for the current year. The best winning time must have been earned in either a purse or non-purse race, but not in a time trial. Qualifying races shall not be counted as a start or shown in the summary, but a winning time in a qualifying race must be shown in the summary and so designated
8. The last six official past performance lines, if the horse has started six times at the gait
9. Designation of drivers racing with provisional licences
10. Designation of pacers that are racing without hopples. In mixed races, the gait of each horse shall be indicated by the words pacer or trotter beside their names
11. Consolidation of races conducted at non-extended meetings. Consolidated lines shall include date, place, time of race, name of driver, finish position, track condition and distance, if race was not at one mile. Such races contested in heats or more than one dash may be consolidated into a single performance line
12. Designation of a mare that has been spayed when such information is made available to the Association; and
13. Summary of starts in purse races during the preceding year.

7.05.02  Races shall not be conducted until, in the opinion of the Judges, the Association has caused the racing surface to be suitably prepared for racing.

7.05.03   Association shall have present and readily available during all races and qualifying races appropriate ambulance or mobile first aid vehicles that are able to respond to a health or safety concern involving a participant or patron.

7.05.04  An Association shall have a horse ambulance readily available on race and qualifying days for the removal of injured animals.

7.05.05  An Association shall have warning lights available for Judges to use in the event that there is a health or safety concern on the racetrack.

7.05.06  An Association shall have a siren available for Judges to use in the event that there is an emergency or accident on the racetrack.

7.06  Deleted.

7.06.01  An Association is responsible for the general supervision and security of its premises.

7.06.02 An Association shall develop security measures to make restricted areas on their premises safe for the protection of licensees and property that is used in the business of racing. These security measures must be acceptable to the Registrar.

7.07   Any Association allowing a suspended, disqualified or excluded person or horse to participate in racing after notice from the Registrar, shall be subject to a monetary penalty for each violation.

7.08   An Association during the hours of racing shall not permit any unlicensed children to be admitted to the stable area unless in the custody of an adult and such children must remain in the custody of an adult at all times while in the stable area, or unless otherwise stipulated by the Registrar.

7.09   No Association shall allow a person under 18 years of age to purchase or cash a ticket. For the purposes of this rule, a “ticket” is defined as a receipt or voucher that is issued by an Association for one or more bets on a race or races. The Association shall ensure that signs are clearly posted in all areas where tickets are purchased or cashed or on any Association wagering application forms, advising the public of the age restriction, unless otherwise stipulated by the Registrar.

7.10  Deleted.

7.10.01 Associations shall have a system in place that ensures timely and accurate distribution of purses in accordance with the Rules of Racing.

7.10.02 Any licensee entitled to receive a purse payment from an Association, or horseperson’s organization of which the licensee is a member, may request from an Association a summary report. The request must be made within one year from the end of the relevant meeting. The summary report shall include the total purses paid, the source of all funds, and the stakes paid as a percentage of the total purses paid. An Association shall provide the summary report within 30 days of the request.

7.10.03 The Association shall ensure that any person who is entitled to a purse or other payment from the monies that are intended for purposes of purses shall receive the purse or other payment. Where the person who is entitled to such purse or other payment cannot be located within two years of the end of the meeting, the Association may, consider the monies as monies received for purposes of purses in the subsequent meeting.

7.10.04 At the request of the Registrar, at the close of each meeting, an Association shall provide a report to the Registrar with any of the following:

1. the handle;
2. paid attendance;
3. total purses paid;
4. provincial government revenue from wagering; or
5. Association revenue from wagering for each meeting.

7.11  Deleted.

7.11.01    An Association shall not make a condition of entry requiring a licensee to consent to Association personnel or their agent(s) entering the licensee’s property, including public training centres that the licensee occupies, for the purposes of conducting search and seizure.

7.11.02   An Association is prohibited from collecting biological samples from a horse without the Registrar’s prior approval. The Registrar’s approval or non-approval is not subject to appeal.

7.12  Deleted.

7.12.01   Any owner, driver or trainer who had a horse start in a race can make a written request to the Judges to view the race video. The Judges shall fix a time for the viewing, which shall be held as soon as practical after the race in question. At least one of the three Judges shall attend the viewing explain to those present what happened in the race.

7.12.02   A Judge may require a licensee to attend a special showing of a race for the purposes of training or education.

7.12.03   Associations or their delegate shall keep on file, race video of each race for one year after the last racing day of the previous year.

7.13  Deleted.

7.13.01   All track rules are subject to approval by the Registrar.

7.13.02   The Registrar may approve a track rule that varies the Rules of Racing for any reason including where that variation addresses local issues specific to operations.

7.13.03   Commission Officials and Judges may enforce track rules and monetary penalties or suspensions may be imposed. Enforcement includes issuing a ruling and collecting a penalty.

7.13.04   A “suspension” in a track rule can only refer to a suspension of licence and cannot be used to refer to loss of privileges to access the property of an Association.

7.13.05   A track rule cannot add an additional penalty on a Rule of Racing except a penalty that may be applied by an Association as it relates to the conduct of their employees.

7.13.06   A track rule cannot require membership in a horseperson’s association.

7.13.07   Where the Association wishes to reference a Rule of Racing in a track rule, they must clearly and specifically identify the Rule of Racing.

7.13.08   Associations shall post track rules in the paddock and the race office and may post electronically.

7.14  Deleted.

7.15  Deleted.

7.16.01  Deleted.

7.16.02  Deleted.

7.16.03  Deleted.

7.16.04  Deleted.

7.16.05  Deleted.

7.16.06  Deleted.

7.16.07  Deleted.

7.16.08  Deleted.

7.16.09  Deleted.

7.16.10  Deleted.

7.16.11  Deleted.

7.16.12  Deleted.

7.16.13  Deleted.

7.16.14  Deleted.

7.17  Deleted.

7.18  Deleted.

8.01.01  The Commission veterinarians shall be those veterinarians appointed by the Registrar to officiate at extended race meetings.  Any decision with respect to the Registrar’s appointment of a Commission Veterinarian is not subject to appeal.

8.01.02  The Official Veterinarians shall be those veterinarians appointed by the Associations and approved by the Registrar to officiate at extended race meetings. At the discretion of the Registrar, the duties of the Official Veterinarian may be assumed by the Commission Veterinarian. Any decision with respect to the Registrar’s approval of an Official Veterinarian is not subject to appeal.

8.02  The Commission Veterinarian or Official Veterinarian shall:

1. Serve as a professional advisor and consultant to the Registrar and Commission staff on veterinary matters including all regulatory aspects of the application and practice of veterinary medicine at the track;
2. Examine or observe each horse that is to race, at the following times and locations:
   
   1. During a warm-up on the track prior to the race;
   2. During the parade to the post;
   3. During the race;
   4. After the race;
   5. During all qualifying races; and
   6. At any other time considered appropriate.
3. If in his or her opinion any horse is unfit, unsound, or not ready for racing, immediately report to the Judges and have the horse scratched;
4. Be continuously available in the racetrack area from the time the horses enter the paddock until the last race is completed;
5. Maintain a list called the Veterinarians’ List (Long Term or Short Term - see Rules 20.01 and 20.02) on which the Commission Veterinarian or Official Veterinarians shall enter the name of any horse considered unfit, unsound, or not ready for racing. A horse on the Long Term List must qualify and shall be refused declaration until a Commission Veterinarian or Official Veterinarian removes its name from the list. Horses on the Short Term List are automatically removed after eight (8) days in accordance with Rule 20.04.01 - 20.04.04.

8.03  During the period of their employment, Commission Veterinarians or Official Veterinarians shall not diagnose, treat or prescribe for any horse entered to race that day. For a period of 2 hours prior to first post time and throughout that racing program, the Commission Veterinarian or Official Veterinarian shall not diagnose, treat or prescribe for any horse except in case of an emergency when they may do so without compensation of any kind, except for out-of-pocket expenses.

8.04  A Commission Veterinarian or Official Veterinarian shall inspect, as quickly as possible, all horses which have been involved in an accident during a race and, if necessary, provide appropriate emergency treatment.

8.05  If in the opinion of a Commission Veterinarian or Official Veterinarian an injured horse should be destroyed, he shall destroy the horse quickly, humanely, and out of sight of the public unless any delay will prolong the suffering of the horse.

8.06  Any owner or trainer whose horse has been placed on the Long Term Commission Veterinarians’ List may have a veterinarian certify in writing that the horse is fit to race prior to the horse being declared to race, and file such certification in writing with the Commission Veterinarian or Official Veterinarian at the raceway where the horse is declared to race. Such certification shall be to the satisfaction of the Commission Veterinarian or Official Veterinarian.

8.07  Deleted.

8.08  Deleted.

8.08.01  A veterinarian shall maintain and keep the records required pursuant to the Rules for not less than two clear years and shall make such records available to the Registrar upon request.

8.08.02  The records maintained and kept by a veterinarian shall include the name of the horse, the names of the owner and trainer, the date of the administration or prescription of the drug, substance or medication, and its nature.

8.09  Except in emergency situations, veterinarians shall not parenterally or orally treat or medicate a horse in the paddock. When a horse has been treated parenterally or orally or medicated, the administering veterinarian shall report it to the Commission Veterinarian or Official Veterinarian who shall report such treatment or medication to the Judges immediately who shall then scratch the horse.

8.10  Deleted.

8.10.01  A veterinarian shall:

1. Determine from the trainer or owner what drugs, substances or medications are being administered to the horse before prescribing or administering any drug, substance or medication and shall maintain that information in his or her records;
2. Determine from the trainer or owner prior to prescribing or administering any drug, substance or medication to a horse if the horse is or will be entered to race during the period of time in which any drug, substance or medication may affect the performance of the horse or could result in the issuance of a certificate of positive analysis, if an official sample were tested for that drug, substance or medication, or metabolite or derivative of that drug, substance or medication;
3. Advise the trainer or owner:
   
   1. Of the detection limit for any drug, substance or medication identified in the Schedule of Drugs, as amended from time to time, published by the Canadian Pari-Mutuel Agency and the circumstances which would or could alter that detection limit set out in the Schedule of Drugs, including those related to condition of the horse, dosage, method of administration, format in which the medication is administered, or other circumstances;
   2. If no elimination guideline is provided for in the Schedule of Drugs, an estimate of the withdrawal time based upon the veterinarian’s professional opinion, after carrying out such research as is required for him or her to form a professional opinion, and shall maintain a copy of that advice in his or her records.
4. Advise the trainer or owner of the potential or anticipated results of the administration of the drug, substance or medication on the horse and shall maintain a copy of that advice in his or her records; and
5. Advise the trainer or owner of any potential or anticipated side effects of the administration of the drug, substance or medication, including any that may result from interaction with any other drug, substance or medication that the veterinarian knows, ought to know or has reason to believe is being administered to the horse, and shall maintain a copy of that advice in his or her records.

8.10.02  A veterinarian may comply with the requirements with 8.10.01(c), (d) and (e) if he or she provides the advice to the trainer in writing at least once every calendar year and there is no reason to provide the advice in writing again during that calendar year. The veterinarian, in deciding that there is no reason to provide the advice in writing again, shall take into account the health and safety of the horse, the integrity of racing, his or her knowledge of the practices and procedures of the trainer and the trainer’s employees, his or her knowledge and experience with the drug, substance or medication, and such other factors that the veterinarian, acting reasonably, considers relevant.

8.10.03  A veterinarian may comply with 8.10.01(a) and (b) if he or she obtains the required information from a bona fide representative of the trainer or owner who has been designated by the trainer or owner to act on his or her behalf and the veterinarian has no reason to believe otherwise. A veterinarian may comply with 8.10.01(c), (d) and (e) if he or she provides advice to a bona fide representative of the trainer or owner who has been designated by the trainer or owner to act on his or her behalf and the veterinarian has no reason to believe otherwise.

8.10.04  A veterinarian shall only examine or treat a horse, or prescribe or administer a drug, substance or medication if he or she is in compliance with the requirements of the College of Veterinarians of Ontario including, but not limited to, the Minimum Standards for Veterinary Facilities in Ontario, as amended from time to time.

8.11  A veterinarian may be held wholly or partially responsible if any drug, substance or medication administered or prescribed by him/her results in:

1. The issuance of a certificate of positive analysis under the Pari-Mutuel Betting Supervision Regulations;
2. An excess level of total carbon dioxide for purposes of the Rules; or
3. Confirmation of the administration of
4. erythropoietin or any of its synthetic derivatives for purposes of the Rules,
5. A violation of Rule 6.53;

and, if held wholly or partially responsible, may be assessed a monetary penalty and/or suspended by the Judges.

8.12  Should any veterinarian licensed by the Commission be found in violation of the rules or be found to have engaged in any actions that would be considered a breach of ethics by the veterinary profession, that veterinarian may be assessed a monetary penalty, and/or suspended by the Judges, or may be referred to the Registrar for disciplinary action under the rules.

8.13  Deleted.

8.14  A veterinarian who dispenses a drug or medication shall label the container in which the drug or medication is dispensed with the following information:

1. Name and strength of the drug or medication;
2. Date and quantity prescribed;
3. Name and address of the dispensing veterinarian;
4. Name of the horse for which it is prescribed;
5. Name of the trainer of the horse;
6. The directions for use; and
7. Detection limit determined in accordance with Rule 8.10.01.

In the event that a drug or medication is to be dispensed to multiple horses from a single container, such container shall be marked “BARN USE”, and will be exempt from items (ii) and (iv) above and replaced by a log, to include the following information:

1. Name of the horse for which it is prescribed; and
2. Date and quantity prescribed.

8.14.02   Deleted.

8.15  A veterinarian who owns, in whole or in part, a horse shall not treat another horse that is entered in a race in which the veterinarian’s horse is entered. If the veterinarian has treated or otherwise provided veterinarian services for a horse that is entered in a race after the horse was entered, the horse owned by the veterinarian, in whole or in part, is not eligible to race and shall be scratched.

9.01  Part V of the Pari-Mutuel Betting Supervision Regulations, under the Criminal Code (Canada) establishing:

1. Retention areas, related facilities and equipment;
2. Test inspectors;
3. Collection procedures and conduct in retention areas;
4. Analytical procedures; and
5. Official chemists at laboratories;

is hereby adopted by the Registrar subject to the following rules.

9.02.01  A certificate of positive analysis of an official sample completed in accordance with section 165 of the Pari-Mutuel Betting Supervision Regulations purporting to be signed by one or more official chemists and stating that the chemist or chemists has or have analyzed or examined the substance and stating the result of the analysis or examination, will be considered by the Judges in making any decision and, in absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person or persons appearing to have signed the certificate.

9.02.02  Deleted.

9.03  Horses in every heat or race or performance against time involving pari-mutuel wagering may be ordered to the retention area by the Judges. An official sample shall be taken for the purpose of determining thereby the presence of any prohibited medications under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada). In addition to the foregoing, the Judges may order any horse in any qualifying race to the retention area for the purpose of determining thereby the presence of any prohibited medications under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada). Further, the Judges or the Commission Veterinarian in any meeting may order any horse other than the winner to the retention area for an official sample to be taken.

9.04.01  A horse shall not be allowed to race in the Province of Ontario if the taking of an official blood sample is refused, unless the Commission Veterinarian or Official Veterinarian, for good cause, in his or her judgment, excuses the taking of the sample.

9.04.02  The obtaining of all official samples shall be the responsibility of the chief test inspector, or his or her designate, except blood samples which shall be taken by the Commission Veterinarian or Official Veterinarian or a licensed veterinarian or other persons authorized by the Registrar.

9.05  When a horse is in the retention area it shall be under the complete control and authority of the chief test inspector. In the case of all horses from which an official urine sample has been ordered, an effort shall be made to obtain the official urine sample by normal and natural means. If however, the chief test inspector is unable to secure an official urine sample within the time specified in the Pari-Mutuel Betting Supervision Regulations, a Commission or licensed veterinarian, at the request of the chief test inspector, may draw an official blood sample from the horse, provided a statement duly signed by the owner or trainer is given to the Commission Veterinarian or Official Veterinarian to the effect that the owner or trainer accepts full responsibility for any adverse effects that such horse may incur as a result of such an official blood sample being taken. The official blood sample is to be delivered to the chief test inspector to be tagged and shipped to the Official Chemist in the same manner as is presently in effect for all other samples.

9.06  Should an Official Chemist’s report on an official sample taken from a horse be positive, he or she shall immediately notify the Commission. This notification shall be taken as prima facie evidence of a positive test. The Official Chemist shall then confirm such findings with the Commission.

9.07  Upon being advised of the positive test the Commission shall notify the trainer or his or her responsible representative as expeditiously as possible.

9.07.01  Once the Commission has notified the trainer or his or her responsible representative pursuant to Rule 9.07, the Judges or Administration may:

1. Inform the trainer that he/she will be permitted to continue with his or her business as trainer;
2. Inform the trainer that he/she has been suspended and that none of the horses in his or her custody or under his or her care and control shall be allowed to start until the matter is considered and disposed of or until the horses have been turned over to another trainer or trainers approved by the Judges;
3. Place conditions on the trainer’s licence;
4. Determine the eligibility of the horse.

9.07.02  The Commission shall inform the owner and the Racing Association concerned, as expeditiously as possible, of their actions regarding the positive test.

9.07.03  Deleted.

9.08.01  Deleted.

9.08.02  Upon a finding of a violation of the positive test rules, the Judges shall consider the classification level of the violation as currently established by the Uniform Classification Guidelines of Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc., or any other guidelines established by the Registrar.

9.09  Any person has violated the rules who:

1. Administers or influences or conspires with any other person to administer to a horse, to affect the performance or condition of such horse, any drug which results in a positive test;
2. Enters a horse in a race, allows or authorizes a horse to compete in a race that has been administered any drug which results in a positive test.

9.10  If the Judges find that there has been improper interference or substitution in the taking of an official sample, they shall consider it a violation and take such action as they deem proper against any person found by them to have committed such a violation.

9.11  Any horse from which an official sample has been ordered by the Judges shall be taken directly and without delay to the retention area by the person or persons having care and control of such horse. Failure to do so is a violation of the Rules and they and/ or the horse may be suspended until the Judges have considered and dealt with the matter.

9.12.01  Any owner, trainer or designated representative of the owner having the care, custody or control of any horse, who refuses to allow an official sample to be taken or who refuses to allow the horse to remain in the retention area for the minimum time period required by the Judges shall be subject to the same penalty as if a positive test had been obtained from such horse.

9.12.02  Only the owner, trainer or designated representative of the trainer, to a maximum of two persons having a valid Commission licence on their person, are permitted to have care, custody or control of a horse in the retention area. Failure to present the licence may result in a monetary penalty and/or suspension.

9.13  The detection of any drug in an official sample by the Official Chemist which constitutes a positive test shall disqualify the owner from participation in the purse distribution in that race and the horse shall be declared disqualified except for pari-mutuel wagering. In such case, the purse monies so affected shall be redistributed among the other horses in the race entitled to same, and any time record which may have been established shall be null and void.

9.14  Subject to the Rules, all rulings made regarding positive tests may be subject to appeal to the HRAP.

9.15  Deleted.

10.01  No licensee except physicians, Commission Veterinarians or Official Veterinarians or veterinarians licensed by the Commission, or registered veterinary technicians or veterinary student assistants, or other technicians as permitted by the Judges or Registrar, who are under the supervision of a veterinarian and licensed by the Commission shall, within the grounds of the Association, have in or upon the premises or vehicle which the licensee occupies or has the right to occupy, or in their personal property or effects:

1. Any hypodermic syringe, hypodermic needle or any other device which could be used for the injection or infusion into a horse of any substance; or
2. Any injectable (substance capable of being injected) which may be administered by a hypodermic syringe, hypodermic needle, or device (known technically as a substance for parenteral administration) without first securing permission from the Judges or the Registrar.

10.02  In accordance with the Horse Racing Licence Act, 2015, those persons authorized by the Registrar shall have the right to enter upon the buildings, stables, rooms, vehicles or other places within the grounds of any Association for the purpose of examining, inspecting and seizing the personal property and effects of any person in or upon such place.

10.03  Subject to the Horse Racing Licence Act, 2015, participants acting in any capacity at a race meeting approved by the Registrar, by so participating, consent to the examination and inspection referred to in the Rules, and to the seizure of any hypodermic syringe, hypodermic needle or any other device described in the Rules, and all drugs and medicaments including those listed in 6.46.01 or any kind which might be in his or her possession. Any drugs, medicaments or other material or devices seized may be forwarded by the Registrar to the Official Chemist for analysis.

10.04  A monetary penalty may be imposed in addition to, but not in lieu of, a suspension for a violation of Rule 10.01 (a) and/or (b). Reference must also be had to Rule 6.10.01.

10.05  Any licensee, who in the course of their normal duties, locates any item listed in Rule 10.01(a) and (b) or any drug, substance or medication listed in Rule 6.46.01 shall forthwith advise the Judges of their findings and take direction from the Judges.

10.06  After considering the evidence and making a Ruling concerning a violation of Rule 6.46.01 or Chapter 10, the Judges may order that the items seized be disposed of in accordance with the Horse Racing Licence Act, 2015.

11.01.01    A horse shall not be permitted to enter or start unless:

1. It is duly registered with and approved by the registry office of Standardbred Canada or United States Trotting Association (USTA), subject to requirements under 11.01.02. Notwithstanding that a horse is registered with the USTA, any horse registered with the USTA that would not meet the registry requirements set out by Standardbred Canada shall not be eligible to race.

11.01.02    A horse shall not be eligible to be declared in to race at any raceway unless:

1. The eligibility fee, which shall become due and payable when a horse makes its first start in any type of race in a calendar year, has been paid to Standardbred Canada, if Canadian owned, or, the lifetime eligibility fee has been paid to the United States Trotting Association, if American owned. The eligibility fee for a horse owned in partnership by a Canadian and an American, shall be payable to either Standardbred Canada or the United States Trotting Association;
2. If wholly Canadian owned, the horse has been registered in the current ownership with Standardbred Canada;
3. If leased, a copy of the lease is on file with, and is acceptable to Standardbred Canada. The horse must race in the name of the lessee;
4. For overnight races, the horse has qualified at an extended meeting in accordance with the Rules, including Chapter 12 where applicable, prior to the time of closing of declarations in accordance with the qualifying standards of the track presenting the race;
5. For added money events, the horse has qualified at an extended meeting in accordance with the Rules, including Chapter 12 where applicable, prior to the time of closing of declarations and in accordance with Rule 11.02.01 and 11.02.02;
6. Not more than 45 clear days prior to the time of closing of declarations, the horse was credited with a clean charted past performance line obtained in a purse, qualifying or schooling race conducted at an extended meeting;
7. The horse is at least two years of age to race at any meeting but not older than 14 years of age;
8. The horse has not been denerved permanently or temporarily desensitized by any method above its pastern. For the purposes of this rule a horse that has been denerved, blocked with alcohol or any other drug or medicament or procedure that totally desensitizes the volar or plantar nerves, will be deemed to have been denerved. The decision at any given time whether the horse has been denerved shall be the Commission Veterinarian’s or the Official Veterinarian’s.
   
   1. Horses that have been denerved prior to March 2, 2020, will be eligible to race provided the horse was previously on the Commission’s list of denerved horses.  No new horses will be added to the Commission’s list of denerved horses. 
   2. The Commission shall post a list of all denerved horses.
9. If a mare has been spayed or a horse has been gelded, Standardbred Canada has been notified in writing by the owner, trainer or veterinarian;
10. The horse does not have a tube in its throat;
11. The horse has at least partial vision;
12. The horse has been lip tattooed or freeze branded in accordance with the constitution and by-laws and regulations of Standardbred Canada.

11.02.01    If a horse meets the conditions of Rule 11.01.01 and 11.01.02 it will be considered qualified and eligible to be declared to added money event races provided that one of its last three charted lines is a clean line in a purse, qualifying or schooling race, not more than forty-five (45) clear days before the closing of declarations and its individual time in that clean charted line meets the following standards for age and the size of the track where it raced or qualified after the Judges have given appropriate allowances for track conditions on that day:

	½ MILE TRACKS	5/8 MILE TRACKS	7/8 MILE + TRACKS
TWO YEAR OLDS:
Pacers	2:03	2:01	2:00
Trotters	2:09	2:06	2:05
THREE YEAR OLDS:
Pacers	2:00	1:58	1:57
Trotters	2:05	2:02	2:01

Where an added money event is to be conducted for three year olds during the period December 1 through April 30, the qualifying times in effect at the track will apply.

FOUR YEAR OLDS AND UP:

Qualifying times in effect at a track where an added money event is conducted shall apply to the following:

1. a)    Events for four year olds and up; and
2. b)    Events where two and/or three year olds are eligible to compete against horses four years old and up.

11.02.02  Notwithstanding the provisions of 11.02.01 no horse shall be considered qualified and eligible to be declared to added money event races if that horse, since having obtained the clean charted line referred to in 11.02.01, is required to qualify in accordance with the Rules, including Chapter 12 where applicable, or is on the Judges List or is otherwise ineligible to race.

11.03  Notwithstanding Rules 11.01.01, 11.01.02 and 11.02.01, if a horse participates in a race or event after having been declared into a subsequent race or event it shall be ruled ineligible to the subsequent race or event and scratched if its performance in the initial race or event makes it ineligible under the Rules. If the race or event from which the horse is scratched is an added money event, any starting fee paid or payable shall be forfeited.

11.04  Any participant who declares, or causes to be declared, an ineligible horse to start shall be in violation of the Rules and subject to disciplinary action by the Judges. If after declarations close, and prior to the race, the Judges become aware that an ineligible horse has been declared, they shall immediately scratch the horse and starting fees, if applicable, shall be forfeited.

11.05  If the ownership of a horse changes, such horse may start under the new ownership not more than once without reasonable evidence being given to the Judges that the registration certificate has been forwarded to Standardbred Canada or the United States Trotting Association.

11.06  Any participant skipping or omitting transfers of ownership of any horse shall be in violation of the Rules.

11.07

1. Deleted.
2. Deleted.
3. Deleted.

11.08  Horses not under lease must race in the name of the bona fide owner.

11.09  For the purposes of eligibility to race at extended meetings, past performance lines charted at non-extended meetings in Ontario shall not be considered other than for the purpose of crediting the horses with the number of starts, wins and purse money earned at non-extended meetings.

11.10.01  Deleted.

11.10.02  Deleted.

11.10.03  Deleted.

12.01  Qualifying races and starting gate schooling shall be held according to the demand as determined by the Registrar. The Registrar’s decision with respect to this rule is not subject to appeal.

12.02  Declarations for overnight events, other than schooling races or matinee races, at extended meetings shall be governed by the following:

1. A horse shall be deemed unqualified if it has not shown a performance meeting the qualifying standards for the meeting, or fails to perform in accordance with such standards. Such horses shall be placed on a Qualifying List by the Judges who shall not remove the horse therefrom until it has qualified in accordance with the standards for the meeting;
2. Names of horses placed on the Qualifying List shall be posted by the Judges at a place in the race office accessible to owners or trainers;
3. Qualifying standards shall apply only to the raceway where established;
4. Qualifying races shall be charted by a licensed Charter and a photo finish camera shall be used to determine beaten lengths and individual times of the horses; and
5. Qualifying races must be conducted under the supervision of a Judge.

12.02.01  When entering into overnight races, a horse’s individual time in its last clean charted line in a purse, qualifying or schooling race must meet the following time standard for the track at which it is entering to race, after the Judges have given appropriate allowances for track conditions on that day:

Track size of last clean line
Track size where entering to race		½ Mile Tracks	5/8 Mile Tracks	7/8 Mile+ Tracks
½ Mile	Pacers	2:04	2:03	2:02
	Troters	2:07	2:06	2:05
5/8 Mile	Pacers	2:03	2:01	2:00
	Troters	2:06	2:04	2:03
7/8 Mile	Pacers	2:02	2:00	1:59
	Troters	2:05	2:03	2:02

12.02.02    Time allowances for overnight races are as follows:

Reason	Allowance
Seasonal – For starts from November 1 to April 30, inclusive.	1 second
2 year-olds	2 seconds
3 year-olds	1 second

12.03  A horse that does not show a charted line at the chosen gait within its last six starts, or does not show a charted line within the previous 45 clear days, must perform in a qualifying race.

12.04  Deleted.

12.05  Deleted.

12.06  Any horse that chokes or bleeds while warming-up for a race or during a race and/or that is suspended in accordance with these rules shall be placed on the Veterinarian’s List and will be required to go a qualifying race and perform to the satisfaction of the Judges and a Commission Veterinarian or Official Veterinarian before being allowed to be declared in to race notwithstanding the expiry of any period of suspension otherwise applicable pursuant to this Rule.

12.07.01  Deleted.

12.07.02  Any horse that is qualified to race with or without hopples shall be permitted to be declared to a race with or without hopples as an equipment change.

12.08  When, for the purpose of qualifying the driver, a horse is declared in to race in a qualifying race, its performance shall be applicable to the horse’s eligibility to race and the chart line shall be notated to indicate driver qualifying.

12.09  Deleted.

12.10.01  A horse making a break in each of two consecutive races must qualify unless the breaks were equipment breaks or caused by interference.

12.10.02  A horse making a break off a qualifier or its second consecutive break in a row in an elimination heat will be allowed to race in the final.

12.10.03   Any horse that makes a break in stride on anything but a fast track, such as good, sloppy, snow, or heavy, shall be considered a clean line. Any horse charted with 3 consecutive breaks must qualify regardless of track condition.

12.10.04   Any horse participating in a qualifier that is currently qualified shall not become ineligible to be entered in a subsequent race should it be charted with a break in the unnecessary qualifier.

12.11  A horse must qualify if:

1. It is distanced for reasons other than interference, broken equipment or breaking stride; or
2. It does not finish for reasons other than interference or broken equipment.

12.12  A charted line containing only a break or breaks caused by interference or an equipment break shall be considered a clean charted line.

12.13  The Judges shall use the interference break mark only when they have reason to believe that the horse was interfered with by another horse or the equipment of another horse.

 

13.01  In presenting a program of racing, the race secretary shall use exclusively the following types of races:

1. Overnight events which include:
   1. Conditioned races;
   2. Claiming races;
   3. Preferred, invitational, handicap, open or free-for-all races;
   4. Schooling races;
   5. Matinee races.
2. Added money events which include:
   
   1. Stakes;
   2. Futurities;
   3. Early closing events;
   4. Late closing events.
3. Match races.

14.01  For the purpose of this rule, overnight events shall include conditioned, claiming, preferred, invitational, handicap, open, free-for-all, schooling or matinee races or a combination thereof.

14.02  At extended meetings, condition sheets must be available to participants at least 24 hours prior to closing declarations to any race program contained therein. At other meetings, conditions must be posted and available to participants at least 18 hours prior to closing declarations.

14.03  Deleted.

14.04  Substitute races may be provided for each race program and shall be so designated in condition books. A substitute race may be used when a regularly scheduled race fails to fill.

14.05  Regularly scheduled races or substitute races may be divided where necessary to fill a program of racing, or may be divided and carried over to a subsequent racing program, subject to the following:

1. No such divisions shall be used in the place of regularly scheduled races which fill;
2. Where races are divided in order to fill a program, starters for each division must be determined by lot after preference has been applied, unless the conditions provide for divisions based upon age, performance, earnings or sex.

14.06  Conditions:

1. May be based only on:
   1. Horses’ money winnings in a specified number of previous races or during a specified previous time;
   2. Horses’ finishing positions in a specified number of previous races or during a specified period of time;
   3. Age;
   4. Sex;
   5. Number of starts during a specified period of time;
   6. Special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada;
   7. The exclusion of schooling races; or
   8. Ontario Sired, Ontario Bred, or Ontario Sired Stakes eligible; or
   9. A combination of any one or more of the qualifications listed under this section.
2. Shall not be written in such a way that any horse is deprived of an opportunity to race in a normal preference cycle. Where the word preference is used in a condition, it shall only supersede date preference as provided in the Rules. Not more than three also eligible conditions shall be used in writing the conditions for overnight events;
3. The Registrar may, upon application from the race secretary, approve conditions other than those listed above for special events.

14.07  In the event there are conflicting published conditions and neither one nor the other is withdrawn by the Association, the one more favourable to the declarer shall govern.

14.08  For the purpose of eligibility, a racing season or racing year shall be the calendar year. All races based on winnings will be programmed Non-Winners of $ ………. or Winners over $……. Additional conditions may be added. When recording winnings, gross winnings shall be used and cents shall be disregarded.

14.09  Records, time bars or place of residence of the owner of a horse declared into an event shall not be used as a condition of eligibility, save and except in the case of stakes races where time bars as provided in Rule 11.02.01 constitute a condition of eligibility.

14.10  Horses must be eligible when declarations close subject to the provision that:

1. Wins and winnings on or after the closing date of declarations shall not be considered;
2. Age allowances shall be given according to the age of the horse on the date the race is contested;
3. In mixed races, trotting and pacing, a horse must be eligible under the conditions for the gait at which it is stated in the declaration the horse will perform.

14.11  When conditions refer to previous performances, those performances shall only include those in a purse race. Each dash or heat shall be considered as a separate performance for the purpose of condition races.

14.12  In overnight events, not more than one trailer shall be permitted, regardless of the size of the track. At least eight feet per horse must be provided for the starters in the front tier. Exceptions on field sizes can be granted with the permission of the Commission.

14.13  The race secretary may reject the declaration to an overnight event of any horse whose past performance indicates that it would be above or below the competitive level of other horses declared to that particular event.

15.01.01 A trainer may claim horses on behalf of an owner(s) only if he/she is properly licensed as an Authorized Agent for that owner(s).

15.01  No horse will be eligible to start in a claiming race unless the owner has provided written/electronic authorization, which must include the minimum price for which the horse may be claimed, to the race secretary at least one hour prior to post time of its race. If the horse is owned by more than one party, all parties must sign the authorization. Any question relating to the validity of a claiming authorization shall be referred to the Judges who shall have the authority to disallow a declaration or scratch the horse if they deem the authorization to be improper.

15.02  Unless a horse is on the electronic registration system, the registration certificate in current ownership must be filed with the race secretary for all horses claimed within forty-eight (48) hours after the race from which the horse was claimed. All horses claimed out of a claiming race will automatically be put on electronic registration by Standardbred Canada (See Rule 15.19).

15.03 

	Colts, Stallions, Geldings and Spayed Mares	Fillies and Mares
2-year-old	75%	100%
3-year-old	50%	75%
4-year-old	25%	50%
5-year-old and older	0	25%

Claiming prices recorded on past performance lines in the daily race program and on eligibility certificates shall not include allowances.

15.04  The claiming price, including any allowances, of each horse shall be printed on the official program adjacent to the horse’s program number and claims shall be for the amount designated, subject to correction if printed in error.  Claiming prices given in past performance lines in programs and in the official performance records shall not include allowances.

15.05  In handicap claiming races, in the event of an also eligible horse moving into the race, the also eligible horse shall take the place of the horse that it replaces provided that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap, except when the horse that is scratched is a trailing horse, in which case the also eligible horse shall take the trailing position, regardless of its handicap. In handicap claiming races with one trailer, the trailer shall be determined as the 4th best post position unless otherwise mandated by the Registrar.

15.06.01   To be eligible to be claimed a horse must start in the event in which it has been declared to race. For the purposes of this rule, a horse shall be deemed to have started when the horse’s nose has reached the starting line. If a horse that has been drawn in to start in a claiming race in Ontario is scratched for reason other than being ineligible to the race, the horse shall be subject to claim in its next start in Ontario, provided such start occurs within 30 days of the date of the scratch, regardless of type and condition of the race, at the claiming price it was subject to in the race in which it was scratched. Where a horse drawn in to start in a claiming race has been declared to start in a subsequent race, the successful claimant, if any, of the horse, in the first race shall have the option of scratching the horse from the subsequent race and the 30 day provision of this section will not apply.

15.06.02 A horse may be exempt from rules 15.01 and 15.06 if it meets the following criteria:

1. The horse has not raced in any jurisdiction in 120 days
2. The horse is entered for a claiming price equal to or greater than the price it last started for; and
3. At the time of entry into a claiming race, the owner or trainer has advised the Race Secretary that they are opting to declare a horse exempt from being claimed. Any failure to declare an exemption may not be remedied.

An Association shall note a declaration of exemption in the official program.

15.07  Any person or the authorized agent of such person who holds a current valid Commission licence may claim any horse, or any person who has properly applied for and been granted a claiming certificate shall be permitted to claim any horse. Any person or authorized agent eligible to claim a horse shall be allowed access to the grounds of the Association in order to effect a claim at the designated place of making claims and to take possession of the horse claimed.

15.08  Claiming certificates are valid on day of issue and are valid for up to 1 year.

15.09

1. A claimed horse, regardless of ownership, shall only race at a track or tracks in the province of Ontario for the next 60 days, except where such a horse has been nominated to participate in an added money event before it was claimed. Any person who violates this rule shall be subject to a suspension or monetary penalty of 10% of the claiming price or 100% of the purse for each race, whichever is greater and the horse may be suspended. A claimant shall be held in violation of this rule if he or she disposes of the horse in any manner other than by claiming and the horse races outside of the province of Ontario within 60 days of the horse being claimed.
2. Deleted.

15.10  Prohibitions on claims:

1. A person shall not claim directly or indirectly his or her own horse or a horse trained or driven by him/ her that day or cause such horse to be claimed directly or indirectly for his or her own account;
2. A person shall not directly or indirectly offer, or directly or indirectly enter into an agreement, to claim or not to claim or directly or indirectly attempt to prevent another person from claiming any horse in a claiming race;
3. A person shall not have more than one claim on any one horse in any claiming race;
4. A person shall not directly or indirectly conspire to protect a horse from being claimed by arranging another person to lodge claims, a procedure known as protection claims;
5. A trainer shall not have more than one claim on any one horse in any claiming race. In the event of multiple claims for the same designated trainer, the qualifying claim from within that group shall be drawn by lot for the claim. All claim forms must identify a designated trainer.

15.11  Claiming procedure:

1. Person desirous of making a claim, hereinafter referred to as the claimant, must remit the required amount. The required amount shall include the claiming price plus the transfer of ownership fee and applicable taxes;
2. The claimant shall provide all information required on the claim form provided by the Association;
3. The claim form shall be completed and signed by the claimant prior to placing it in an envelope provided for this purpose by the Association. The claimant shall seal the envelope and identify on the outside the date, race number and track name only;
4.   The envelope shall be delivered to the race secretary, or licensed delegate, at least 30 minutes before post time of the race from which the claim is being made. That person shall certify on the outside of the envelope the time it was received, the current licence status of the claimant and whether credit in the required amount has been established;
5. It shall be the responsibility of the race secretary to ensure that all such claim forms are delivered to the Judges prior to the race from which the claim is being made;
6. The Judges shall disallow any claim made on a form or in a manner which fails to comply with all requirements of this rule;
7. Deleted.
8. Copies of claim forms may be delivered directly to the Judges stand from the race office. The original claim form must be kept on file in the race office for the period of twelve months.

15.12  When a claim has been lodged it is irrevocable, and is at the risk of the claimant.

15.13  In the event more than one claim is submitted for the same horse, the successful claimant shall be determined by lot by the Judges, and all unsuccessful claims involved in the decision by lot shall, at that time, become null and void, notwithstanding any future disposition of such claim.

15.14  Upon determining that a claim is valid, the Judges shall forthwith notify the paddock judge of the name of the horse claimed, the name of the claimant and the name of the person to whom the horse is to be delivered. Also, the Judges shall cause a public announcement of the claim to be made prior to the race.

15.15  Every horse entered in a claiming race shall race for the account of the owner who declared it in the event, but title to a claimed horse shall be vested in the successful claimant from the time the horse is deemed to have started, and the successful claimant shall become the owner of the horse, whether it be alive or dead, or sound or unsound, or injured during or after the race. If a horse is claimed out of a heat or dash of an event having multiple heats or dashes, the Judges shall scratch the horse from any subsequent heat or dash of the event.

15.16 Deleted.

15.16.01  Transfer of possession of a claimed horse to the successful claimant or their representative shall take place in the paddock immediately after the running of the race. Altering or removing the horse’s shoes prior to the transfer is not permitted.

15.16.02  Notwithstanding the requirements under 15.16.01, in the case where a claimed horse must submit for post race testing, physical custody of the claimed horse shall transfer from the original owner to the successful claimant outside the retention area following completion of the test and after the sample tags have been signed by the original owner or their representative.

15.17  Any person who refuses to deliver a horse legally claimed out of a claiming race shall be suspended, together with the horse, until delivery is made.

15.18  A claimed horse shall not be eligible to start in any race in the name or interest of the original owner for 30 days, unless reclaimed out of another claiming race. Nor shall such horse remain in or be returned to the same stable or care or management of the first owner or trainer for the same period of 30 days, unless reclaimed out of another claiming race.

15.19  The claiming price shall be paid to the original owner only when the Judges are satisfied that the successful claim is valid and the registration certificate has been received by the race secretary for transfer to the new owner (See Rule 15.02).

15.20.01  The Judges, shall rule a claim invalid:

1. At the option of the claimant, if the Official Chemist reports a positive test on a horse that was claimed, provided such option is exercised within 48 hours following notification to the claimant of the positive test by the Judges;
2. At the option of the claimant, if the horse has been found ineligible to the event from which it was claimed;
3. At the option of the claimant, if approved post-race testing procedures discloses that an improper medication or drug was found to be present in the sample of the claimed horse and reported in the analysis report from the lab, provided such option is exercised within 48 hours following notification to the claimant by the Judges.
4. If the horse dies on the racetrack; or
5. If the horse suffers an injury which requires euthanasia while on the racetrack as determined by either a Commission Veterinarian or an Official Veterinarian.

15.20.02  In the event that the sex of a claimed horse has been inaccurately described in the racing program, the claimant or his/her authorized representative must notify the Judges of the error within a one half (½) hour from the time that the horse is physically retrieved by the claimant or his/her authorized representative whether he/she wishes to retain the horse. If the claimant or his/her authorized representative fails to notify the Judges of the error within this prescribed time, the claimant shall be deemed to have accepted the horse so claimed.

15.21  Mares and fillies who are in foal are ineligible to claiming races. If a claimant determines within 48 hours that a claimed filly or mare is in foal, he/she may, at their option, return the horse to the original owner.

15.22  When the Judges rule that a claim is invalid and the horse is returned to the original owner:

1. The amount of the claiming price shall be repaid to the claimant;
2. Any purse monies earned subsequent to the date of the claim and before the date on which the claim is ruled invalid shall be the property of the claimant; and
3. The claimant shall be responsible for any reasonable costs incurred through the care, training or racing of the horse while it was in his or her possession.

16.01  For the purpose of this rule, added money events include stakes, futurities, early closing events and late closing events as defined in Chapter 2.

16.02  All sponsors and presenters of added money events must comply with the rules and must submit to the Registrar the conditions and other information pertaining to such events.

16.03  Any conditions contrary to the provisions of any of these rules are prohibited.

16.04  Conditions for added money events must specify:

1. Which horses are eligible to be nominated;
2. The amount to be added to the purse by the sponsor or presenter, should the amount be known at the time;
3. The dates and amounts of nomination, sustaining and starting payments;
4. Whether the event will be raced in divisions or conducted in elimination heats;
5. The distribution of the purse, in percent, to the money winners in each heat or dash, and the distribution should the number of starters be less than the number of premiums advertised; and
6. Whether also eligible horses may be carded prior to the running heats or legs of added money events.

16.05  Sponsors or presenters of stakes, futurities or early closing events shall provide a list of nominations to each nominator or owner and to the Associations concerned within 60 days after the date on which nominations close, other than for nominations payable prior to January 1st of a horse’s two-year-old year.

16.06  In the case of nominations for futurities payable during the foaling year, such lists must be forwarded out prior to October 15th of that year and, in the case of nominations payable in the yearling year, such lists must be forwarded out not later than September 1 of that year.

16.07  Sponsors or presenters of stakes, futurities or early closing events shall also provide a list of horses remaining eligible to each owner of an eligible within 45 days after the date on which sustaining payments are payable. All lists shall include a resume of the current financial status of the event.

16.08  The Registrar may require the sponsor or presenter to file with the Commission a surety bond in the amount of the fund to ensure faithful performance of the conditions, including a guarantee that the event will be raced as advertised and all funds will be segregated and all premiums paid. Registrar’s consent must be obtained to transfer or change the date of the event, or to alter the conditions. In any instance where a sponsor or presenter furnishes the Commission with substantial evidence of financial responsibility satisfactory to the Registrar, such evidence may be accepted in lieu of a surety bond.

16.09  Dates for nominations payments:

1. Stakes: The date for closing of nominations on yearlings shall be May 15th. The date for closing of nominations to all other stakes shall fall on the fifteenth day of a month;
2. Futurity: The date for closing of nominations shall be July 15th of the year of foaling;
3. Early Closing Events: The date for closing of nominations shall fall on the first or fifteenth day of a month. Nominations on two-year-olds shall not be taken prior to February 15th;
4. Late Closing Events: The date for closing of nominations shall be at the discretion of the sponsor or presenter.

16.10  Dates for sustaining payments:

1. Stakes and Futurities: Sustaining payments shall fall on the fifteenth day of a month. No stake or futurity sustaining fee shall become due prior to February 15th of the year in which the horses nominated become two years of age;
2. Early and Late Closing Events: Sustaining payments shall fall on the first or fifteenth day of a month.

16.11  The starting fee shall become due when a horse is properly declared to start and shall be payable in accordance with the conditions of the added money event. Once a horse has been properly declared to start, the starting fee shall be forfeited, whether or not the horse starts. Should payment not be made 30 minutes before the post time of the event, the horse shall be scratched and the payment shall become a liability of the owner who shall, together with the horse or horses, be suspended until payment is made in full, providing the Association notifies the Registrar within 30 days after the starting date.

16.12  Failure to make any payment required by the conditions constitutes an automatic withdrawal from the event.

16.13  Conditions that will eliminate horses nominated to an event, or add horses that have not been nominated to an event by reason of performance of such horses at an earlier meeting, are invalid. Early and late closing events shall have not more than two also eligible conditions.

16.14  The date and place where early and late closing events will be raced must be announced before nominations are taken. The date and place where stakes and futurities will be raced must be announced as soon as determined but, in any event, such announcement must be made no later than March 30th of the year in which the event is to be raced.

16.15  Deductions may not be made from nomination, sustaining and starting payments or from the advertised purse for clerical or any other expenses.

16.16  All nominations to added money events must be made in accordance with the conditions.

16.17  Every nomination shall constitute an agreement by the person making the nomination and the horse shall be subject to these rules. All disputes and questions arising out of such nomination shall be submitted to the Registrar, whose decision shall be final.

16.18  Nominations and sustaining payments must be received by the sponsor or presenter not later than the hour of closing, except those made by mail must bear a postmark placed thereon not later than the hour of closing. Payments made by electronic transaction to a third-party providing a staking service must be processed and the sponsor notified, not later than the hour of closing. In the event the hour of closing falls on a Saturday, Sunday, or legal holiday, the hour of closing shall be extended to the same hour of the next business day. The hour of closing shall be midnight of the due date.

16.19  If conditions require a minimum number of nominations and the event does not fill, the Registrar and each nominator shall be notified within 20 days of the closing of nominations and a refund of nomination fees shall accompany such notice to nominators.

16.20  If conditions for early or late closing events allow transfer for change of gait, such transfer shall be to the lowest class the horse is eligible to at the adopted gait, eligibility to be determined at the time of closing nominations. The race to which the transfer may be made must be the one nearest the date of the event originally nominated to. Two-year-olds, three-year-olds, or four-year-olds, nominated in classes for their age, may only transfer to classes for the same age group at the adopted gait to the race nearest the date of the event they were originally nominated to, and entry fees to be adjusted.

16.21  A nominator is required to guarantee the identity and eligibility of nominations, and if this information is given incorrectly he/she may be subject to a monetary penalty, suspended, or expelled and the horse declared ineligible. If any purse money was obtained by an ineligible horse, the monies shall be forfeited and redistributed among those justly entitled to the same.

16.22  Minimum declarations required to race:

1. Early or late closing events must be contested if five or more betting interests are declared to start. If fewer horses are declared to start than required, the race may be declared off, in which case the total of nominations, sustaining and starting payments received shall be divided equally to the horses declared to start. Such distribution shall not be credited as purse winnings;
2. Stakes or futurities must be contested if one or more horses are declared to start. In the event only one horse, or only horses in the same interest start, it constitutes a walk-over. In the event no declarations are made, the total of nomination and sustaining payments shall be divided equally to the horses remaining eligible after payment of the last sustaining payment, but such distribution shall not be credited as purse winnings.

16.23  Deleted.

16.24  The maximum size of fields permitted in any added money event shall be:

1. For races which go in 1 division no more than 2 trailers;
2. For races which go in more than 1 division a maximum of 1 trailer.

An Association may elect to go with less than the number of trailers specified in (a) above. Exceptions on field sizes can be granted with the permission of the Registrar.

16.25  In the event more horses are declared to start than allowed in one field, the race will be conducted in divisions or eliminations, as specified in the conditions.

16.26    

1. In added money events conducted in divisions, the Association shall contribute at least 75% of the Association’s advertised added money to the purse in each division. To this amount shall be added the contributions by sponsors other than the Association and the total of nomination and sustaining fees, and the revised total purse shall be divided equally between or among the divisions. Each starting fee shall be added to the division in which the horse starts. The Ontario Sires Stakes Program and the Trillium Series are excluded from the rule;
2. Notwithstanding the provisions of rule 16.26 (a), where an Association is adding $50,000 or more to the added money event, and the event is conducted in divisions, the Association may divide the purse equally between or among the divisions, provided however, that no division shall be contested for less than the Association’s added money.

16.27  In added money events conducted in eliminations, starters shall be divided by lot. Sixty (60) percent of the total purse will be divided equally among the elimination heats. The final heat will be contested for forty (40) percent of the total purse. Unless the conditions provide otherwise, all elimination heats and the final heat must be raced on the same day. If the conditions provide otherwise, elimination heats must be contested not more than 6 days, excluding Sundays, prior to the date of the final heat. The winner of the final heat shall be the winner of the race. If the estimated value of the purse for the event is $50,000 or more, the division of the purse between elimination heats and the final may be other than the formula above; however, the purse for an elimination heat shall not be less than $10,000 and the distribution must be contained in the printed conditions of the event.

16.28  The number of horses allowed to qualify for the final heat of an event conducted in elimination heats shall not exceed the maximum number permitted to start in accordance with the Rules.

16.29  The Judges’ decisions in arriving at the official order of finish of elimination heats on the same program shall be final and irrevocable and not subject to appeal or protest.

16.30  Unless the conditions for the added money event provide otherwise the Judges shall draw by lot the post positions for the final heat in elimination events, i.e. they shall draw positions to determine which of the two elimination heat winners shall have the pole, and which the second position; which of the two horses that were second shall start in the third position, and which in the fourth, etc. The trailing position shall be determined as the 4th best post position.

16.31  Deleted.

17.01  The Association shall specify the time for closing of declarations, but in any event the declaration box shall not close more than three clear days, omitting Sundays, Christmas Eve and Christmas Day, before the date of the race. The time must be published on condition sheets.

17.02  A declaration received after the specified time of closing shall not be accepted, except those omitted due to error or negligence by an official or employee of the Association.

17.03  The Association shall provide a locked box with an aperture through which declarations shall be deposited. Participants shall deposit their declarations in the declaration box, except as provided in Rule 17.06.

17.04  The submitting of declarations for one horse to races scheduled for the same day at different tracks is prohibited.

17.05  The submitting of a declaration for a horse that is ineligible to race because it has been placed on the Judges’ List or Veterinarians’ List, and not removed therefrom, is prohibited.

17.06  Declarations submitted by mail, telephone, electronically, or other method approved by the Registrar are acceptable and shall be subject to the same terms and conditions as written declarations, providing evidence of same is deposited in the declaration box before the time specified for declarations to close and provided that adequate program information is furnished by the declarer. The race secretary or licensed delegate is responsible for depositing such declarations. A declaration must state the name of the horse, the event it is to be declared to, and be signed or made by the person who received and deposited it. It is the responsibility of the trainer to ensure that the person declaring a horse which had its last start outside Canada, advises the race secretary of where and when the horse last raced.

17.07  Prior to the opening of the box for the draw, the race secretary or licensed delegate shall be in charge of the declaration box. The box may be opened prior to the time of closing to provide an opportunity to process declarations. Information as to the names of horses declared shall not be given by any person to any person until after the time for closing of declarations has passed.

17.08  Although the trainer has primary responsibility for the eligibility of each of his/her horses declared to race, the race secretary shall verify the eligibility of each horse and confirm its eligibility to the Judges.

17.09  When the draw is available to be viewed, a licensed participant may witness the draw.

17.10  Starters and also eligibles for overnight events shall be drawn by lot from horses properly declared to start, except as follows:

1. First preference shall be given to a horse that is stabled in Canada the day of the draw and remains in Canada until the race is contested; and
2. Second preference shall be given according to a Horse’s last scheduled start in a purse race, other than races designated as schooling races, at the gait for which it is declared.

In addition preference shall be governed by the following:

1. If more than the required number of horses are declared in with the same preference date, the previous two preference dates shall apply. A race secretary may draw by lot if more than two previous preference dates are identical. These procedures are to be carried out at the time of the draw in the presence of licensed participants;
2. When a horse is racing for the first time at the gait declared, it shall have preference over other horses regardless of their preference dates;
3. If a declaration is made for a horse that has already been drawn in to start in a race that has not yet been contested, the date of that uncontested race shall be its preference date;
4. The declarer shall be responsible for providing acceptable evidence of exact preference dates governed by eligible declarations or starts in uncontested races made at other tracks;
5. When a race has been reopened for additional declarations, preference shall be given those horses eligible and declared at the time declarations closed originally;
6. If conditions so specify, preference can be given two-year-olds, regardless of preference date;
7. If a horse was scratched due to error or negligence by an official or employee of the Association;
8. When otherwise determined by the Judges;
9. Notwithstanding Rule 22.33.

17.10.01  Notwithstanding the requirements under 17.10 (i), Ontario Sires Stakes eligible horses will be exempt from the requirement to meet first preference for the period of May 1 to November 1 of the current year inclusive.

17.11  Not more than two horses may be drawn as also eligibles, except for races on which triactor and superfecta wagering is conducted, in which case more than two also eligibles are permitted, in accordance with the following provisions:

1. Notwithstanding Rule 17.10, also eligibles shall be drawn from horses having the best preference, except priority may be given to horses stabled on the grounds;
2. No horse shall be added to the race as an also eligible unless it was drawn as such at the time declarations closed or omitted in error by an official, provided that its inclusion does not exceed the maximum allowable number of also eligibles;
3. No horse shall be drawn as an also eligible if the required program information cannot be published in the official program;
4. No horse may be barred from another race to which it is eligible and had preference, due to the fact that it has been drawn as an also eligible;
5. Also eligible horses moved into races shall be posted in the office of the race secretary and their owners or trainers shall be so notified at once;
6. Also eligible horses not moved in by program time or scratch time as set by the Association may be released;
7. If an also eligible horse is moved into a race it shall be scratched from any subsequent race it has been drawn into, unless preference allows it in;
8. Also eligible horses shall be carried on the program in added money events.

17.12  Deleted.

17.12.01  A trainer or owner may not enter and start more than two horses of the same or separate ownership in a purse race or overnight event as separate betting interests, except under the following conditions:

1. Stake races; or
2. All overnight races. In these races a trainer may not enter more than two horses. The second entry may not exclude a single entry.

17.12.02  Deleted.

17.13  Deleted.

17.14  If a race is split into divisions or elimination heats, horses shall be seeded in separate divisions or elimination heats insofar as possible; first by owners, then by trainers, then by stables; but the divisions or elimination heats in which they are to compete and their post positions shall be determined by lot.

17.15  The drawings of post positions shall be final, except:

1. When there is conclusive evidence that a horse was properly declared but omitted due to error or negligence by an official or employee of the Association; then:
   1. If the horse omitted by error was declared to an overnight event, it may be added to the race and given the last post position, providing its addition does not exceed the maximum number of starters allowed in a single field and provided the error;
   2. Is discovered prior to the printing of the program. Otherwise, such horse shall not be permitted to start;
   3. If the horse was omitted by an error in calculating preference date and the horse is carded as an also eligible it may move in and the programmed horse with the most recent date shall be scratched. In the event that two or more horses programmed have identical dates more recent than the also eligible, the horse to be scratched shall be determined in accordance with Rule 17.10 (a). The post position of the horse moving in shall be determined in accordance with Rule 17.16; or
   4. If the horse omitted by error was declared to a stake, futurity, early closing event or late closing event, the race shall be re-drawn provided the error is discovered prior to the printing of the program.
2. When it is found that horses have not been seeded in accordance with Rule 17.14, with the permission of the Registrar, time permitting, the event shall be redrawn. If time does not permit the redrawing, the event shall go as drawn.

17.16  In the event one or more horses are excused by the Judges, the also eligible horse or horses shall race and take the post position drawn by the horse that it replaces, except in handicap races. In handicap races the also eligible horse shall take the place of the horse that it replaces in the event that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap, except when the horse that is scratched is a trailing horse, in which case the also eligible horse shall take the trailing position, regardless of its handicap. In handicap claiming races, in the event of an also eligible horse moving into the race, the also eligible horse shall take the place of the horse that it replaces in the event that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with similar handicap, except when the horse that is scratched is a trailing horse, in which case the also eligible horse shall take the trailing position, regardless of its handicap.

17.17  A horse properly declared and drawn in to start, or as an also eligible, shall not be withdrawn or scratched from the race without the permission of the Judges. A monetary penalty or suspension may be imposed when this requirement is violated, and the horse may be suspended.

17.18  After having been drawn in to start in any race, or as an also eligible, a horse shall not be sold or leased nor shall any interest in the horse be sold or leased prior to the racing of that particular race, unless the horse is sold at a public horse auction and the horse remains under the care, custody and responsibility of the trainer who entered the horse into the race.

17.19  It is responsibility of trainers to name the drivers of horses declared to race and it is the trainer’s further responsibility to ensure that the drivers are available and willing to drive the horses. Drivers shall be named not later than the time to permit this information to be published in the official program. The deadline for naming of drivers will be set by the Association, and no driver may be changed thereafter without permission of the Judges. When a programmed driver fails to appear the Judges may impose a monetary penalty or suspend the trainer and/ or the driver.

17.20  When post positions are handicapped or when post positions are assigned the trailing position shall be determined as the 4th best post position. No horse shall be permitted to start in more than one race on any one racing day except that at non-extended meetings a horse may be declared to race in no more than two single dashes in any one racing day. Races decided by more than one heat are considered a single race.

18.01  Unless otherwise provided in the conditions, all purses shall be distributed on the dash basis with the money awarded according to a horse’s position in each separate dash or heat of the race.

18.02  Unless otherwise specified in the conditions, purse money distribution in dashes shall be 50 percent, 25 percent, 12 percent, 8 percent and 5 percent. In added money events, if there are less than 5 starters, the remaining premium shall go to the race winner, unless the conditions call for a different distribution. In overnight events, if there are less than 5 starters, the premium for the positions for which there are no starters may be awarded to the race winner or may be retained by the Association but such premiums retained are not to be included in percentages of any agreement between the Association and any recognized participants’ association.

18.03  If there are any premiums for which horses started but were unable to finish due to an accident or interference, all unoffending horses that did not finish shall share equally the premiums they would have been entitled to had they finished, and any remaining premiums shall be paid to the race winner.

18.04  If there are any premiums for which horses started but were unable to finish and the situation is not dealt with by these rules, all such premiums shall be paid to the race winner.

18.05  Every heat is a race and the purse shall be distributed as in dash races with nothing being required to be set aside for the race winner, unless otherwise stated in the conditions of an added money event.

18.06  In elimination heats, the total purse shall be distributed in accordance with the provisions of Rule 16.27 and the purse for each heat shall be distributed in accordance with these rules.

18.07  If the placing system is specified in the conditions, the purse shall be distributed according to the standing of the horses in the summary. In order to share in the purse distribution each horse must complete the race and compete in each heat to which it is eligible. A horse must win two heats to be declared the race winner and such horse will stand first in the summary. In deciding the rank of the horses other than the race winner, a horse that has been placed first in one heat shall be ranked better than any other horse that has been placed second in any number of heats; a horse that has been placed second in one heat shall be ranked better than any other horse that has been placed third in any number of heats, etc., e.g., a horse finishing 3-6 would be ranked ahead of another horse finishing 4-4. A horse finishing in a dead heat would be ranked below another horse finishing in the same position and not in a dead heat. If there be any premium for which no horse has maintained a position, it shall go to the race winner.

18.08.01  If for any reason a horse is disqualified or declared ineligible, any purse monies or trophies received by the owner, or driving and/or training fees (paid under Rule 18.11 to the driver and/or trainer of the horse in the race) shall be returned, within 15 days of notification, to the Association for redistribution.

18.08.02   Racetracks with pylons shall meet the following criteria regarding pylon location, and design standards:

1. sixty (60) feet apart on the straight away
2. forty (40) feet apart on the turns
3. pylons leading into the passing lanes to be fifteen (15) feet or less apart
4. thirty (30) inches in length above ground
5. Pylons shall have the top three (3) inches of the pylon painted or taped bright orange
6. Pylons shall be at 35 degree angle.

A horse while on stride, or part of the horse’s race bike, that leaves the race course by going inside the pylons which constitutes the inside limits of the course, when not forced to do so as a result of the actions of another driver and/or horse, shall be in violation of this rule. In addition, when an act of interference causes a horse, or part of the horse’s race bike, to cross inside the pylons and the horse is placed by the Judges, the offending horse shall be placed behind the horse with which it interfered. For purposes of placing the following shall apply:

1. If a horse while on stride, or part of the horse’s race bike, goes inside two (2) consecutive pylons, the offending horse shall be placed behind all horses that are lapped on to the offending horse at the wire;
2. If a horse while on stride, or any part of the horse’s race bike, goes inside three (3) or more consecutive pylons, the offending horse shall be placed last;
3. If in the opinion of the Judges a horse while on stride, or part of the horse’s race bike, goes inside a pylon(s) and that action gave the horse an unfair advantage over other horses in the race or the action helped improve its position in the race, the horse may be placed at the discretion of the Judges.

Drivers who in the opinion of the Judges leave the racing course when not forced to do so as a result of another driver and/or horse may be subject to a monetary penalty or suspended.

Penalties for drivers violating Rule 18.08.02 are as follows:

1. For the 1st violation, a monetary penalty of $100 shall be imposed;
2. For the 2nd violation within a year of the 1st violation and within 750 drives of the 1st violation, a monetary penalty of $300 shall be imposed;
3. For the 3rd violation within a year of the 1st violation and within 750 drives of the 1st violation, a minimum monetary penalty of $500 plus a suspension for 3 days shall be imposed;
4. For the 4th violation within a year of the 1st violation and within 750 drives of the 1st violation, a minimum monetary penalty of $1,000 and a suspension for 5 days shall be imposed.

18.08.03  When a horse is disqualified as the result of being ineligible, or as a result of a positive test, it shall lose any purse money, its finishing position and its time in the following manner:

1. The horse will be disqualified and placed last;
2. The horse will lose all purse money earned from the race;
3. All remaining horses will move up in position, their summaries adjusted, and the money re-distributed accordingly.

In the event the horse won the race, it shall lose the winning time and the actual time of the horse will read: TDIS (time disallowed). Further, the horse that finished second and placed first will be awarded with a win and, credited with a winning time as determined by electronic timing from the official chart.

18.09  If any division of an early or late closing event, stake or futurity is declared no contest by the Judges, the total of nomination, sustaining and starting payments applicable to that division shall be divided equally to all unoffending horses deemed to have started. Such distribution shall not be credited as purse winnings.

18.10  Purses earned outside of North America will be calculated in U.S. dollars based on the conversion rate as at January 1st of the year the foreign earnings are amassed. Winnings in the United States will be deemed to be at par with Canadian funds.

18.11  Where an agreement exists between a recognized harness participants’ association and a racing association, drivers’, trainers and/or grooms’ fees may be deducted from the purses payable to owners and paid to the drivers, trainers and/or grooms within 30 days. A copy of such agreement must be filed with the Commission.

18.12  All races shall be bona fide contests with the winner receiving the largest share of the purse and the balance of the purse distribution made according to the order of finish. No arrangement for equal distribution of the purse money is permitted.

18.13  Associations that default in the payment of a premium that has been raced for shall stand suspended, together with its officers. No deduction, voluntary or involuntary, may be made from any purse, nomination, sustaining or starting payments, except those deductions made from purse monies for overnight events and paid to recognized participants’ organizations through agreements with the Associations.

18.14  No addition shall be made to any purse after it is contested unless through error. Money due through contractual arrangements with recognized participants’ organizations shall be added to the purse account of the next meeting. Any bonus payments or awards made to owners by Associations that is not money due through contractual arrangements with recognized participants’ organizations shall not be considered earnings of a horse and shall be excluded from the records of the horse involved.

18.15   If a race is contested which has been promoted by another party and the promoters thereof default in payment of the amount raced for, the same liability shall attach to the Association, as if the race had been offered by the Association.

18.16  An Association shall not pay a purse for less than the amounts specified on the condition sheet for that race, unless the amount so specified results from a clerical, typographical or other unintended error.

19.01  A record will be the fastest time made by a horse in a heat or dash which it won, or in a performance against time.

19.02  The time of each heat or dash shall be accurately taken by two timers or an approved electric timing device, in which case there shall be one timer, and placed in the record in minutes, seconds and fifths of seconds, and upon the decision of each heat the time thereof shall be publicly announced or admitted to the record. When the timers fail to act, no time shall be announced or recorded.

19.03  In any case of alleged error in the record, announcement or publication of the time made by a horse, the time so questioned shall not be changed to favour said horse or owner, except upon the sworn statement of the Judges and timers who officiated in the race.

19.04  In order that performances thereon may be recognized or published as official, every Association shall have filed with the Commission the certificate of a duly licensed civil engineer or land surveyor that the track has been measured from wire to wire three feet out from the pylons, which constitute the inside limits of the course and certifying exactly the result of such measurement. Each track shall be measured and re-certified in the event of any changes or relocation of the pylons, which constitute the inside limits of the course.

19.05  The leading horse shall be timed and its time only shall be announced. The horse shall not obtain a win-race time record by reason of the disqualification of another horse unless a horse is declared the winner by reason of the disqualification of a breaking horse on which it was lapped, or, unless the time of the horse that is being placed first, as the result of a disqualification due to ineligibility or a positive test, can be determined by electronic timing from the official chart.

19.06  If a horse takes a win-race record in a qualifying race or schooling race, such record must be prefaced with the letter Q wherever it appears, except in a case where the horse was subjected to the collection of an official sample. The senior Judge shall note on the Judges’ official race reports each qualifying race from which official samples were collected.

19.07  In the case of a dead heat, the time shall constitute a record for the horses making the dead heat and both shall be considered winners.

19.08  The time shall be taken from the first horse leaving the point from which the distance of the race is measured until the winner reaches the wire.

19.09  Any person found to have fraudulently misrepresented time or altered the record thereof, in any race, shall be suspended or expelled, and time declared not a record.

19.10  Deleted.

20.01  A horse may be placed on the Judges’ List for the following reasons:

1. The horse has been declared unfit to race by the Commission Veterinarian or Official Veterinarian because it is sick, lame or otherwise physically unfit to race. This will be known as the Short Term Veterinarians’ List;
2. The horse has been declared dangerous or unmanageable by the Judges shall be placed on the Judges list for performance.
   
   1. A horse placed on the long term Veterinarians’ List due to chronic physical or health problems by the Commission Veterinarian shall remain on the Veterinarians’ List for a minimum of 14 days.
3. Proof of a negative Coggins’ Test required in accordance with Rule 22.34 is not presented;
4. Deleted.
5. the horse is required to school for the starter in accordance with Rule 30.03;
6. the Judges have determined that the horse must qualify on two consecutive occasions before being eligible to race;
7. the horse was scratched due to a transportation problem; or
8. Deleted.
9. Deleted.
10. Any reason the Judges or Administration deem to be proper.

20.01.02  No horse that is on the Judges’ List either by virtue of the operation of this chapter, or any other rule, shall be eligible to compete in any added money or overnight event until it has been removed from the Judges’ List. Notwithstanding the provisions of this rule, any horse to which Rules 20.01 (a), and (g), and/or 20.04.02 apply, shall be eligible to compete in added money events.

20.02  A horse that has been placed on the Judges’ List in accordance with the rules will be ineligible to race until removed therefrom, as follows:

1. Only the Judges at an extended meeting shall have the authority to remove a horse that is on the Judges’ List in accordance with Rules 5.17, 20.01 (b), (e) or (f);
2. Horses on the List in accordance with Rule 20.01 (a), and (g) shall come off the List after eight (8) days. Horses on the List in accordance with Rule 20.01 (g) may also be removed when documentation has been presented to the satisfaction of the Judges;
3. Horses on the Judges’ List for 20.01 (c) shall be removed from the List when the documentation has been presented to the Standardbred Canada field representative;
4. Deleted.
5. In all other cases, at the discretion of the Judges or Administration.

20.03  At a meeting where a veterinarian is not available, the Judges may order withdrawn from a race a horse that is in their opinion sick, lame or otherwise physically unfit to race.

20.03.01  Where a horse, entered to race, is scratched by the Judges, as a result of the horse having received any:

1. Medication,
2. Medical treatment, or
3. Medical procedure,

the Judges may impose a monetary penalty upon the trainer of the horse unless the trainer satisfies the judges that the medication, medical procedure or treatment was in the best interests of the health of the horse.

20.04.01  When a horse has been placed on the Judges’ List, it shall be recorded in the official performance records by an authorized person. The owner or trainer shall be notified of the reason for such action being taken and it shall be their responsibility to scratch the horse from any races for which the horse may have been declared in to start.

20.04.02  A horse which has been scratched sick as a result of a veterinarian’s slip or by order of the Commission Veterinarian or Official Veterinarian shall not be permitted to race, other than to added money events or qualifiers for eight (8) days from the date of the race from which it was scratched.

1. A horse which has been scratched lame as a result of a veterinarian’s slip or by order of the Commission Veterinarian or Official Veterinarian shall not be permitted to race or qualify other than in added money events for eight (8) days from the date of the race from which it was scratched.

20.04.03  A horse which has been scratched twice consecutively as a result of a veterinarian’s slip or by order of the Commission Veterinarian or Official Veterinarian must qualify to race. Such qualifying race must be more than eight (8) days from the date of the second race from which it was scratched.

20.04.04  A horse scratched in accordance with (g) shall not be permitted to race other than to added money events for eight (8) days from the date of the race from which it was scratched.

20.05  Deleted.
(Note: replaced by new SB 35.11.00-35.11.02)

21.01  In case of unfavourable weather or other unavoidable cause, Associations with the consent of the Judges shall postpone or cancel races in accordance with this Chapter.

21.01.01  If the track or weather conditions are questionable for the warming up or racing of horses, including actual temperature as defined in 21.01.02, the Judges shall convene a meeting with the representative of the drivers and trainers and a representative of management. If required by the Judges, the representative of the drivers and trainers shall conduct a secret ballot of the drivers and trainers of horses participating in that program of racing to determine whether racing should be conducted. If the vote of the drivers and trainers determines that more than 50% vote against racing, the card shall be cancelled. If more than 50% and less than 75% vote to race, trainers will be allowed to withdraw horses without penalty. If more than 75% vote to race, the regular rules of withdrawal and scratching of horses will apply. If the drivers vote alone is more than 50% to cancel they should be allowed to withdraw their services without penalty. The foregoing does not prevent racetrack management from canceling the races due to track or weather conditions without consultation with the Judges and the horsepeople’s representative.
In the event of a forecasted extreme temperature, the Extreme Temperature Standards at Rule 21.01.02 shall be applied.

21.01.02  Extreme Temperature Standard
In the event of extreme temperature, the decision to cancel racing shall be made by an Association applying the Extreme Temperature Standard.
Actual temperature: temperature at racetrack at post-time, or at any point during the race program as agreed upon by an Association representative and a Racing Official.
Extreme temperature: any temperature which falls within Tier 1 or Tier 2 below.
Forecasted extreme temperature: the temperature based on a publicly accessible local forecast at 5 hours to post-time. At the beginning of each race season the Association shall advise the industry which weather source will be used for temperature forecasts failing which the weather source shall be the Weather Network.

	Tier 1	Tier 2
Forecasted Temperature Range	31 C to 37.9 C	equal to or greater than 38 C
	-15 C to -24.9 C	equal to or less than -25 C
Weather Related Scratches Permitted Without Penalty	Yes	Yes
Additional Measures	measures must be put in place to ensure the well-being of the horse and any licensees with positions that may be impacted by extreme temperature.	The following additional measures must be put in place to ensure the well-being of the horse and any licensees with positions that may be impacted by extreme temperature: Heat: 2 additional Veterinarians, or 1 additional Veterinarian and 1 registered Veterinarian Technician to monitor temperature, pulse, and respiration rate of equine athletes pre-race and post-race; Additional hosing stations or mobile cooling station with trained attendant; access to water for horses at all times; shaded areas provided for unsaddling horses; ice made available in numerous locations; Racing Officials to minimize post parade time. Cold: 2 additional Veterinarians, or 1 additional Veterinarian and 1 registered Veterinarian Technician to monitor temperature, pulse and respiration rate of equine athletes pre-race and post-race, as well as conditions related to cold temperature including frost bite; tongues not tied outside of horse’s mouth; blankets shall be available for each horse; Racing Officials to minimize post parade time.
Cancellation Required	Decision to be made by Association	Decision to be made by Association

 

21.02  Deleted.

21.03  An early closing event or a late closing event that cannot be raced during the scheduled meeting shall be declared off and the total of nomination, sustaining and starting payments divided equally among the owners of eligibles in proportion to the number of horses declared to start.

21.04  An early closing event or late closing event that has been started, but remains unfinished on the last day of the scheduled meeting shall be declared ended and the full purse divided according to the summary.

21.05  Stakes and futurities should be raced where advertised and the meeting may be extended to accomplish this. Any stake or futurity that has been started, but which remains unfinished on the last day of the scheduled meeting shall be declared ended and the full purse divided according to the summary, except where the Association elects to extend the meeting to complete the race. Horses that are scratched after a heat and before the race is declared finished shall not participate in purse distributions for subsequent heats in the event the race is called off and declared finished.

21.06  Unless otherwise provided in the conditions, in order to transfer stakes and futurities to another meeting, unanimous consent must be obtained from the Association and all those having eligibles in the event.

21.07  At extended meetings, overnight events may be postponed and rescheduled within two days, or may be cancelled if circumstances or weather conditions warrant. Postponed overnight events not raced within two days shall then be cancelled.

21.08  At non-extended meetings, overnight events shall be cancelled, unless the Association is willing to add the postponed races to the advertised program for subsequent days of the meeting. At the option of the Association, any postponed races may be contested in single one-mile dashes. Where races are postponed under this rule, the Association shall have the privilege of selecting the order in which events will be raced in any combination program.

21.09  Deleted.

21.10  If qualifying races are postponed or cancelled, an announcement shall be made to the participants as soon as the decision is made.

 

22.01  The pari-mutuel manager shall establish post time for each race and the Judges shall call the horses onto the track at such time to allow the horses to parade and be exhibited before the public but to preclude an excessive delay before the start.

1. The time between separate heats of a single race shall be no less than 40 minutes;
2. Horses called for a race shall have the exclusive right of the course, and all other horses shall vacate the racing strip as soon as possible;
3. In the case of accidents, only so much time shall be allowed as the Judges may deem necessary and proper;
4. Deleted.
5. All race bikes must be equipped with properly affixed mudsheets and fenders at all extended meetings when deemed necessary by the Judges;
6. Horses are required to parade in program order. All horses must remain in proper order until the parade has passed in front of the grandstand. The Judges may impose a penalty for a violation of this rule;
7. After being exhibited to the public in the post parade, the horses shall be gathered by the Starter and then moved into their positions behind the gate;
8. In the event there are two tiers of horses, the scratching of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier, except as provided for in handicap claiming races. Whenever a horse is scratched from any tier, horses on the outside move in to fill up the vacancy. When there is only one trailer, it may start from any position in the second tier. When there is more than one trailer, the inside trailer shall follow either the horse in the #1 or #2 position, the next trailer shall follow either the horse in the #3 or #4 position, the next trailer shall follow either the horse in the #5 or #6 position, the next trailer shall follow either the horse in the #7 or #8 position, the next trailer shall follow either the horse in the #9 or #10 position. In the event that there are more trailers than designated positions on the second tier, the Judges will determine where horses will line up.

22.02  All races must be started with a mobile starting gate of a design approved by the Registrar. The Registrar’s granting or refusal of approval is not subject to appeal. The starting gate must be equipped with two-way communications to the Judges’ stand and a mechanical loudspeaker to be used for the sole purpose of communicating instructions to drivers. Other use of the loudspeaker is a violation.

22.03  The Starter, with the assistance of the Judges, shall have control of the horses from the formation of the post parade until a start has been determined. For purpose of this rule, the determination of the start is when the horses have passed the starting point and have been released by the Starter.

1. The horses shall be brought to the starting gate as near one quarter of a mile before the start as the track will permit;
2. The Starter shall cause the gate to move towards the starting point, gradually increasing the speed of the gate to maximum speed;
3. The starting point will be the point marked on the inside rail, a distance of not less than 200 feet from the first turn. The Starter shall release the horses at the starting point;
4. When a speed has been reached in the course of a start there shall be no decrease, except in the case of a recall;
5. The horses shall be deemed to have started when released by the Starter at the starting point which will be the official start unless a recall has been sounded and all horses must go the course unless dismissed by the Starter or, in the opinion of the Judges, it is impossible to do so. A horse shall be deemed to be a Starter when the horse’s nose has reached the starting line;
6. If, in the opinion of the Judges or the Starter, a horse is unmanageable or liable to cause accidents or injury to any other horse or to any driver, it may be sent to the barn. When this action is taken, the Starter will notify the Judges who shall scratch the horse;
7. In case of a recall, a light visible to the drivers shall be flashed and a recall sounded. If possible, the Starter shall leave the wings of the starting gate open and gradually slow the speed of the gate to assist in stopping and turning the field. Drivers shall take up their horses and return, without delay, to the point where fields are gathered for the start;
8. There shall be no recall after the horses have been released by the Starter;
9. The Starter shall endeavour to get all horses away in position and on gait. The Starter shall only sound a recall when the Starter notices any one of the following reasons:
   
   1. A horse scores ahead of the starting gate,
   2. There is interference before the horses have reached the starting point,
   3. A horse has broken equipment, which the Starter notices,
   4. A horse falls before the starting point.
   5. A horse coming to the starting gate in the wrong position,
   6. A malfunction of the starting gate or in the interests of safety;
10. A monetary penalty not to exceed $500.00 and/ or a suspension not to exceed five days may be applied by the Starter or by the Judges for any of the following violations contained in subsections (i)-(vii). In addition, the Judges may place the offending horse for a violation of subsections (i)(iii), (iv) or (vi) of this rule.
    
    1. Delaying the start,
    2. Failure to obey the Starter’s instructions,
    3. Allowing a horse to pass the inside or the outside wing of the gate,
    4. Coming to the starting gate in the wrong position,
    5. Crossing over before reaching the starting point,
    6. Interference with another horse or driver during the start,
    7. Failure to come into position or remain in position on the gate;
11. The Fair Start Pole is a pole erected at the point approximately 200 feet before the start. The Fair Start Pole shall be yellow in colour and shall protrude at least two feet above the inner rail;
12. If a horse has not reached the Fair Start Pole when the horses are released at the starting point by the Starter, the Judges shall cause the inquiry sign to be displayed immediately and shall request the horse be scratched from the mutuels.

22.04  When, before a race starts:

1. If a horse is a runaway or a horse falls, such horse shall be examined by the Commission Veterinarian or Official Veterinarian and if the horse is not ordered scratched by the veterinarian, the Judges may permit the horse to compete and have this decision announced;
2. A driver is unseated and appears to have been injured, the horse that was being driven by that driver may compete with a substitute driver.

22.05.01  A driver shall not commit any of the following acts which are considered violations of driving rules:

1. Change course or position, or swerve in or out, or bear in or out during any part of the race in such a manner as to compel a horse to shorten its stride or cause another driver to change course, take his or her horse back, or pull his or her horse out of its stride;
2. Impede the progress of another horse or cause it to break from its gait;
3. Cross over too sharply in front of another horse or in front of the field;
4. Crowd another horse by ‘putting a wheel under it’;
5. Allow another horse to pass needlessly on the inside, or commit any other act that helps another horse to improve its position;
6. Carry another horse out;
7.   
   
   1. Take up or slow up in front of other horses so as to cause confusion or interference among the trailing horses,
   2. Take up or slow up in front of other horses and then subsequently come on when challenged,
   3. Maintain an outside position without making the necessary effort to improve his or her overall position;
8. Strike or hook wheels with another race bike;
9. Lay off a normal pace and leave a hole when it is well within the horse’s capacity to keep the hole closed without promptly pulling to re-pass the horse, unless the failure to re-pass is necessitated for safety reasons;
10. Drive in a careless or reckless manner;
11. Fail to set or maintain a pace comparable to a pace that the calibre of horses in the race are capable of, resulting in an excessively slow quarter or any other distance, considering track conditions, weather and circumstances confronted in the race;
12. Fail to properly contest a slow pace;
13. Converse with other drivers from the forming of the post parade until released by the Starter and then after the finish of the race.
14. Turn a horse abruptly after the finish line of the race unless such turn is required for safety.

22.05.02.1  With approval of the Commission, a track may extend the width of its homestretch up to 10 feet inward in relation to the width of the rest of the racetrack.

22.05.02.2  In the event the home stretch is expanded pursuant of subsection (a), the following shall apply on ½ mile and 5/8 mile tracks:

1. No horse shall pass on the extended inside lane entering the stretch the first time,
2. The lead horse in the homestretch shall maintain as straight a course as possible while allowing trailing horses full access to the extended inside lane, and
3. Horses using the open stretch must first have complete clearance of the pylons.

22.06  A complaint by a driver of any foul, violation of the Rules, or other misconduct during a race shall be made immediately after the race to which it relates, unless the driver is prevented from doing so by an accident or injury or other reasonable excuse. A driver desiring to enter a claim of foul, or other complaint of violation of the Rules, shall make this known to the nearest patrol judge and shall proceed forthwith to the paddock telephone to communicate immediately with the Judges. The Judges shall not cause the official sign to be posted until the matter has been dealt with.

22.07  A driver violates the Rules if he/she lodges a complaint which the Judges deem to be frivolous.

22.08  Deleted.

22.09  In the case of interference, collision, or violation of any rules, the offending horse may be placed back one or more positions in that heat or dash, and in the event of such collisions, interference or violation preventing any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings and the driver may be assessed a monetary penalty or suspended. If a horse is set back, it must be placed behind the horse with which it interfered. If an offending horse has interfered with a horse involved in a dead heat and the offending horse is set back, it must be placed behind the horses in the dead heat.

22.10  If the Judges believe that a horse is, or has been driven with design to prevent it winning a race or races, they shall consider it a violation by the driver.

22.11  If the Judges believe that a horse has been driven in an inconsistent manner, they shall consider it a violation.

22.12  If the Judges believe that a horse has been driven in an unsatisfactory manner due to lack of effort, they shall consider it a violation.

22.13  If the Judges believe that a horse has been driven in an unsatisfactory manner, not otherwise specified in these rules, they shall consider it a violation and furnish particulars thereof to the driver, prior to the instituting of any action therefor.

22.14  If a horse chokes or bleeds during a race, the driver and/or trainer of that horse is required to report this to the Judges immediately after the race. This information shall be contained in the official past performance line of that horse.

22.15 The Judges may remove a driver at any time if, in their opinion, his/her driving would not be in the best interest of harness racing.

22.16  If, for any cause other than being interfered with or broken equipment a horse fails to finish after starting a race, that horse shall be ruled out. If it is alleged that a horse failed to finish a race because of broken equipment, this fact must be reported to the paddock judge who shall make an examination to verify the allegation and report the findings to the Judges.

22.17.01  A driver must be mounted in the race bike at the finish of the race or the horse must be placed as not finishing.

22.17.02  A horse shall be placed as not finishing where the driver at any time during the running of the race was not mounted in the race bike but was mounted in the race bike at the finish of the race. In such case, the Judges may invoke the provisions of Rule 22.32 if they deem it in the public interest to do so.

22.18  Deleted.

22.19    Drivers shall keep both feet in the stirrups during the post parade, while in front of the grandstand and from the time the horses are brought to the starting gate until the race has been completed. Drivers shall be permitted to remove a foot from the stirrups during the course of the race solely for the purpose of pulling ear plugs and once these have been pulled, the foot must be placed back into the stirrup. If a driver’s foot is in the stirrup, he or she shall not allow his/her foot to hit a horse in any manner. Drivers who violate this rule shall be subject to a monetary penalty of $100.00 for a first violation, a monetary penalty of $300.00 for a second violation within 6 months, and a monetary penalty of $500 for a third violation within 6 months of the first violation. A fourth violation within six months will result in a 5 day suspension from driving being imposed by the Judges and the driver shall be referred to the Commission for determination of further sanction which may include a suspension, monetary penalty and/or conditions on the licence.

22.19.01   A driver shall not make an overt kicking motion towards the horse before, during or after a race.

22.20  Whips shall:

1. Be no more than 48 inches in length, not including the snapper;
2. Be made of a material other than rawhide;
3. Include a snapper that is no less than 6 inches and no more than 12 inches in length; and
4. Not include a snapper that is altered from original manufacture or knotted.

22.21  The possession or use on a horse of any goading device, or chain, or spur, or mechanical or electrical device other than a whip used in the manner prescribed by the rules upon a horse shall constitute a violation.

22.21.01  Deleted.

22.21.02  Deleted.

22.21.03  Deleted.

22.21.04  Use of bent shaft sulkies in any race is prohibited. Only USTA approved conventional sulkies will be permitted to be used.

22.22  The Judges shall have the authority to disallow the use of any equipment or harness that they feel is unsafe or not in the best interests of racing.

22.23.01  At any time while on the grounds of an Association, it is a violation of the Rules for a driver, or the person in control of the horse, to engage in any of the following actions with respect to their driving conduct:

1. Indiscriminate action, which is characterized by unrestrained or careless activity;
2. Excessive action, which is characterized by unreasonable quantity or degree;
3. Aggressive action, which is characterized by inhumane, severe or brutal activity.

22.23.02  The whip shall not be used on a horse in a race:

1. Where the horse is not visibly responding; or
2. Where the horse is not in contention for a meaningful position.

22.23.03  At any time while on the grounds of an Association, it is a violation of the Rules for a driver, or the person in control of the horse, to use the whip to hit or make contact with the horse as follows:

1. To raise their hand(s) above their head;
2. To use more than acceptable wrist action;
3. To cause any portion of the whip to be outside the confines of the wheels of the race bike;
4. To strike the shaft of the race bike, or the horse below the level of the shaft of the race bike;
5. To cut or severely welt a horse.

22.23.04  A driver, or the person in control of the horse, is required to:

1. Keep a line in each hand for the entire race, from the Starter’s call to the gate until the finish of the race, except for the purpose of adjusting equipment;
2. Keep both hands in front of their body;
3. Keep their hands below their head; and
4. Have control of their horse at all times when on the racetrack.

22.23.05  Violation of any of the provisions in Rule 22.23.01 to 22.23.04 may result in any of the following penalties:

1. Monetary penalty;
2. Suspension;
3. Placement;
4. Disqualification; and/or
5. Any other penalty as ordered.

Further particulars in respect to the penalties are provided in Standardbred Directive No. 3 - 2019, which also provides principles which serve as a guide for interpretation. The Directive may be modified from time to time by the Registrar and such modifications are not subject to appeal.

22.24  Any person removing or altering a horse’s equipment or hopples without permission of the Judges, is in violation of the Rules.

22.25  Any trainer who wishes to change any bridle, hopples, length of hopples or shoes on a horse from one race to another shall apply to the Judges at least one (1) hour prior to the first scheduled post time of the day, or a time prescribed by the Association, for permission to do so, and no change shall be made without such permission. The Judges shall assure themselves of the necessity for any change of bridles, hopples, length of hopples or shoes before granting permission. Any such change, or change(s) of a nature which the Judges are of the opinion that the public should be advised shall be communicated to the public as soon as possible.

22.26  No horse will be permitted in a race to wear any type of equipment that covers, protrudes, or extends beyond its nose or that in any way could interfere with the true placing of the horse.

22.27.01   When a horse breaks from its gait in a race the driver shall:

1. Take the horse to the inside or outside of other horses where clearance exists;
2. Properly attempt to pull the horse to its gait; and
3. Continuously loses ground while on the break.

If there has been no violation of (a), (b) or (c) above, the horse shall not be set back unless a contending horse on its gait is lapped on the hind quarter of the breaking horse at the finish, however, notwithstanding the foregoing, if interference caused by another driver(s) or horse(s) has caused the horse to be on a break at the finish, the Judges may, in their discretion, determine not to set the horse back even if a contending horse on its gait is lapped on the hind quarter of the breaking horse at the finish. The Judges may set any horse back one or more places if, in their judgment, any of the above violations have been committed, and the driver may be subject to a monetary penalty or suspension or both.

22.27.02   If a horse is not on its proper gait, in a race, for 25 consecutive strides or more (extended break) after the horse’s nose has crossed the start line, that horse shall be placed last.  However, the Judges may, in their discretion, determine not to set the horse back if interference caused by another driver(s) or horse(s) has caused the horse to be on a break for 25 consecutive strides or more.

22.28  If, in the opinion of the Judges, a driver allows a horse to break for the purpose of losing a race, he/ she shall be in violation of the Rules.

22.29  It shall be the duty of one of the Judges ensure that all breaks are duly recorded in Judges official race reports.

22.30  The horse whose nose reaches the wire first is the winner. If there is a dead heat for first, both horses shall be considered winners. In races having more than one heat or dash, where two horses are tied in the summary, the winner of the longer dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same distance and the horses are tied in the summary, the winner of the faster dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same time, both horses shall be considered winners and the entitlement of the trophy will be decided by lot.

22.31.01  The wire or finish line is a real line established with the aid of a surveyor’s transit, or an imaginary line running from the centre of the Judges’ stand to a point immediately across and at right angles to the track.

22.31.02  Notwithstanding that a horse is declared a non-contestant, and/or if a horse is scratched in error and cannot be added back into the pari-mutuel system, the Judges may permit the horse to participate in the race for purse distribution only. The Judges shall ensure that the race announcer informs the public that the horse will be racing without pari-mutuel wagering.

22.32  Where the Judges determine that, after the horses have been released at the starting point, a horse was prevented from having a fair chance to contest a race due to exceptional circumstances, and it is deemed in the public interest to do so, such horse shall be declared a non-contestant and the provisions of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) pertaining to refunds shall apply.

22.32.01  At any point during the conduct of a race, where the Judges determine there is a condition on the racetrack requiring the Drivers to proceed with caution, the Judges will activate the warning lights.

22.32.02  At any point during the conduct of a race, where the Judges determine there is an emergency or accident or any other situation which could negatively affect the health and safety of the participants, the Judges may order the race stopped by activating both the siren and the warning lights.

22.32.03  Deleted.

22.32.04  All drivers in a race shall cease racing upon the activation of the siren and the warning, and will follow any instructions of the Judges. Drivers refusing to stop racing may be subject to a monetary penalty or suspension.

22.33  If, in their opinion, the Judges are unable to properly judge the running or finish of a race they may declare the race to be “No Contest”. When a race has been declared “No Contest” by the Judges, all monies wagered on that race will be distributed in accordance with the provisions of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada). No purse distribution is to be made to any of the horses that started in such race except as provided for in Rule 18.09 or with the approval of the Registrar. The line for the race will be charted by the charter to the best of his/her ability to indicate the performance of each horse in the race, however, such charted line shall not be used for the determination of preference dates or eligibility to any future race. In the event that the race that is declared “No Contest” is a claiming race the provisions of Chapter 15 of these rules are applicable, and notwithstanding a determination that the race is “No Contest”, title to the horse shall be deemed to have passed to the claimant if the claimed horse is behind the gate and the horse has reached the starting point.

22.34  It is the responsibility of the trainer that all horses racing in his/her custody have a negative Coggins Test Certificate. The certificate, properly identifying the horse, must have been issued by a laboratory approved by Canadian Pari-Mutuel Agency, certifying that within the prior 2 years the horse has been tested negative for equine infectious anemia (EIA). For racing purposes, proof of a negative Coggins’ Test may be one of the copies of the stamped and signed serum test reports presented to the race secretary before the horse starts. If at that time it is determined that a horse already declared to race does not have proof of a negative Coggins’ Test, the horse shall be permitted to contest the race and immediately thereafter the Judges shall place the horse on the Judges’ List. The horse shall not race thereafter until such time as proof of a negative Coggins’ Test is presented to a Standardbred Canada representative.

22.35 If, during the preliminary scores or during a race a driver is unseated in such a manner that he/she falls to the ground, the Judges may direct the driver to obtain a medical certificate acceptable to the Commission, confirming that the driver is clear to continue with driving assignments on that day of racing.

22.36  If a horse is to warm up it must go its last warm-up mile on the same racing strip as it will compete on unless excused by the Judges.

22.37  If a horse is scratched in error and cannot be added back into the pari-mutuel system, the horse may race for purse only. The Judges shall ensure that the race announcer informs the public that the horse will be racing without pari-mutuel wagering.

22.38  An excess level of total carbon dioxide (TCO2) in a race horse is deemed to be adverse to the best interests of harness racing, and adverse to the best interests of the horse in that such condition alters its normal physiological state. Accordingly, a person designated by an approved TCO2 laboratory may, subject to the Horse Racing Licence Act, 2015, obtain venous blood samples from the jugular vein of a horse for the purpose of the testing of said samples by that laboratory for TCO2 levels as outlined in Rule 22.38.05. Where the TCO2 level, based upon such testing, equals or exceeds the following levels, the Judges or Administration shall order the relief authorized pursuant to Rule 22.38.06:

1. Thirty-six (36) or more millimoles per litre of blood for horses not competing on Furosemide; or
2. Thirty-eight (38) or more millimoles per litre for those horses competing on furosemide at a track where the EIPH Program is offered.

22.38.01  Approved TCO2 Laboratory
In any part of Rule 22.38, “approved TCO2 laboratory” means a laboratory approved by the Registrar under 22.38.02, to conduct the testing of Standardbred horses in accordance with Rule 22.38.05.

22.38.02  Laboratory Approval Process
The Registrar may approve a laboratory under Rule 22.38.01, if:

1. The Registrar is satisfied that the laboratory employs competent staff, and has the necessary facilities and technical capability to conduct the testing of Standardbred horses in accordance with Rule 22.38.05; and
2. The laboratory conducts the testing of Standardbred horses in accordance with Rule 22.38.05; and
3. The laboratory undertakes to permit the Registrar or any person designated by the Registrar such access to its facilities and records, at any reasonable time selected by the Registrar that will allow the Registrar to audit the laboratory operations for the purposes of determining its compliance with the requirements of Rule 22.38.02 (a) and (b).

The Registrar’s granting or refusal of approval is not subject to appeal.

22.38.03  Withdrawal of Approval
The Registrar may withdraw his or her approval under Rule 22.38.02 if the approved TCO2 laboratory, in the opinion of the Registrar, does not comply with the provisions of 22.38.02 or 22.38.05. The Registrar’s decision to withdraw or not withdraw his or her approval is not subject to appeal.

22.38.04  Association Obligations
No Association may hold a race meeting unless the Association assures, at its sole cost and expense, that approved TCO2 laboratory personnel are present at the track, at the time of the race, who are ready, willing and able to conduct the collection of blood in Standardbred horses in accordance with Rule 22.38.05. Each Association is required to engage the approved TCO2 laboratory to obtain an average of 24 samples per live race day over the period of the meet.

22.38.05  All horses that race are eligible to be selected by the Judges for blood gas testing. The entry of a horse shall constitute permission for a person designated by the approved TCO2 laboratory to obtain blood samples. To the extent that it is feasible, the owner, trainer or other person responsible for the horse will be given notice that the horse is to be tested and shall be present when the blood sample is taken. Refusal by an owner, trainer or other person responsible for the horse to attend the taking of the sample will not affect the validity of the test. Any owner, trainer or other person responsible for the horse who refuses or fails to permit the taking of a sample from a horse shall have all applicable horses scratched by the Judges or Administration. Such refusal shall be deemed an admission of a violation of Rule 22.38 empowering the Judges or Administration to take any necessary action in accordance with the Rules. It shall be the responsibility of the trainer of a horse selected for TCO2 post-race testing to see that the horse is taken directly to the secured area designated by the Race Officials after being notified of the horse’s selection for testing. Where a sample is not collected, the horse may be scratched at the discretion of the Racing Officials.  Commission Judges will select the horses to be tested and advise the approved TCO2 laboratory personnel accordingly. Commission Judges may also instruct the approved TCO2 laboratory personnel to collect samples from every horse in selected races.
The approved TCO2 laboratory is responsible for:

1. Collecting blood samples, by an authorized person (veterinarian or RVT - Registered Veterinary Technician, or other person approved by the Registrar) from each selected horse into two plasma separator tubes;
2. Collecting the samples within approximately 20 minutes immediately preceding the start of the race in which the selected horse is entered, or as directed by a Commission Judge. The Commission Judges may also direct the collection of the sample from a selected horse at least 90 minutes after a race in a secured area designated by the Judges;
3. Ensuring that the samples are centrifuged within approximately 20 minutes of collection and kept under refrigerated conditions until shipped;
4. Shipping the samples to the laboratory in an insulated container;
5. Analyzing samples for TCO2 using a Beckman Synchron EL-ISE;
6. Analyzing samples within 48 hours, or up to a maximum of 96 hours in exceptional circumstances, of collection and reporting all results to the Commission and the Canadian Pari-Mutuel Agency.

22.38.06  Penalties
Where the TCO2 level in a horse is determined to equal or exceed the levels set forth in Rule 22.38 above, the Judges or Administration shall assess penalties in accordance with Policy Directive: Guidelines – Penalties for Equine Drug, TCO2 and Non-Therapeutic Drug Violations.

22.38.07  Quarantine
If the level of TCO2 is determined to equal or exceed those set forth in Rule 22.38 above, and the licensed owner or trainer of that horse contends in writing to the Judges within three calendar days of notification of the results that such levels are physiologically normal for the particular horse, said licensee may request, in writing, that the horse be held in guarded quarantine. If quarantine is so requested, the track association shall make such guarded quarantine available, for a period of time to be determined by the Judges but in no event less than 72 hours, at the sole expense of the licensee requesting same. During any quarantine, the horse shall be re-tested periodically and, although the horse may not race during such quarantine period, it may be exercised and trained at times prescribed by the track Association and consistent with the ability to monitor the horse. The horse will only be fed hay, oats and water during the quarantine period. If the Judges are satisfied, on the basis of the evident facts, the quarantine, and the testing of the horse’s blood during the quarantine period utilizing a Beckman Synchron EL-ISE, that the level of TCO2 set forth in 22.38. above is physiologically normal for that particular horse, the Judges shall not order the relief set forth in Rule 22.38.06 above and the horse shall be permitted to compete. In such case, the Judges, Commission Veterinarian, or other Commission staff in their discretion may require that the horse re-establish that such TCO2 level is physiologically normal to it pursuant to the quarantine procedure set forth in this rule.

22.38.08  When the Judges receive a report that the TCO2 level in a horse is determined to equal or exceed the levels set forth in Rule 22.38 above, they shall establish as soon as possible the horse from which the reading was obtained and at once summon the trainer or his/her responsible representative and ask for an explanation.
After the Judges have informed the trainer, or his/her representative of such high reading, and failing a satisfactory explanation, they may require the Registrar, or his/her delegate, to accompany the trainer, or his/her responsible representative, to the stable and, in accordance with the Horse Racing Licence Act, 2015, conduct a thorough search of the trainer’s barn, automobile or any other vehicles which he/she may have in his/her possession or under his/her control.
In addition to conducting the review into the TCO2 level of the horse, the Judges will inform the trainer of the horse having a TCO2 level equal or exceeding the level set forth in rule 22.38 and that pursuant to Rule 26.02.01 he/she is responsible for the condition of the horse and either that the Judges are still reviewing the matter or are now prepared to hear the relevant evidence. In the event that either the Judges or trainer are not prepared to proceed forthwith, the Judges shall then:

1. Fix a date and a place when the matter will be considered and disposed of;
2. Inform the trainer that until that time,
   
   1. He/she will be permitted to continue with his or her business as trainer; or
   2. That he/she has been suspended and that none of the horses in his or her custody or under his or her care and control shall be allowed to start until the matter is considered and disposed of or until the horses have been turned over to another trainer or trainers approved by the Judges.

22.39  Subject to the regulations set forth by the Canadian Pari-Mutuel Agency, an owner and/or trainer racing a horse with penicillin G procaine must advise the test inspector no later than ½ an hour before the post time of the race in which the horse is entered.

23.01  A protest is an objection charging that a horse is ineligible to a race, alleging improper nomination or declaration of a horse, or citing any act of an owner, trainer, driver or official prohibited by the rules and which, if true, would exclude the horse or driver from the race.

23.02  Protests must be made no later than 48 hours following the race in question and must contain at least one specific charge which, if true, would prevent the horse from competing in the race or from winning purse money. The Judges may require that protests be reduced to writing and sworn to or solemnly affirmed. If more than 48 hours have passed since the race was run, no adjustments shall be made to purses or placing or records in the races contested after that time other than for positive tests. Notwithstanding the above, the Registrar may review any allegation, at any time, that a horse was ineligible and take what action he or she deems appropriate against the owner, trainer, driver or race secretary who declared the horse or allowed the horse to be declared and to race.

23.03  Every protest shall be determined by the Judges. Should the protest not be determined prior to the race, the horse shall be allowed to race under protest. Any purse money that may be affected by the outcome of the protest shall be held by the Association pending the Judges’ decision.

23.04  When a protest has been duly made it shall not be withdrawn or surrendered without approval of the Judges.

23.05  Any person found to make a protest falsely or without cause shall be subject to a monetary penalty, or suspension, or expulsion.

23.06  If the placings of a race are altered as a result of a protest, purse money for the race shall be distributed according to the decision made on the protest. The eligibility of horses involved in protests that may participate in subsequent races pending determination of the protest is not affected.

23.07  Rulings on protests which affect purse money or order of finish after the race was declared official shall have no effect on the distribution of pari-mutuel pools.

 

24.01  Subject to the Horse Racing Licence Act, 2015, a person aggrieved by a decision or ruling of the Judges, Registrar or delegated officials made pursuant to these Rules, may appeal the decision or ruling to the Horse Racing Appeal Panel (HRAP), unless otherwise specified in the Rules.

For greater certainty, where the Rules allow for an appeal of a decision or ruling, the following aggrieved persons may appeal a decision:

1. In the case of a ruling or decision affecting purse distribution, eligibility or placing a:
   1. Driver
   2. Owner; or
   3. Trainer

   who is associated with a horse that is entered in the race referred to in the ruling or decision.

2. In the case of a ruling or decision regarding a licensee’s conduct, only the licensee named in the ruling or decision.

24.02  Deleted.

24.03  Deleted.

24.04  Deleted.

24.05  Purse money affected by an appeal shall be held by the Association pending disposition.

24.06  Pending disposition of an appeal, all penalties imposed shall continue in full force and effect except when stayed by order of the HRAP.

24.07  The official performance records shall reflect the Judges’ decision in all cases until all appeal procedures and remedies are exhausted. The eligibility of horses to the conditions of races will be in accordance with the Judges’ decision as shown in the official performance records and will not be subsequently affected by the outcome of the appeal process. Whatever the final outcome of the appeal, the horse cannot be retroactively declared ineligible to races already contested prior to the appeal decision.

24.08  Deleted.

24.09  A decision of the HRAP which affects the distribution of purse money or order of finish of a race after the race had been declared official shall have no bearing on the distribution of pari-mutuel pools.

24.10  Deleted.

24.11  Deleted.

25.01  A person shall not drive a horse in any race or performance against time, other than an exhibition race, without having first obtained a driver licence valid for the current year by meeting the standards as established by Standardbred Canada or the United States Trotting Association and being licensed by the Commission. The licences shall be presented to the Judges prior to participating for the first time at any race meeting. Valid categories of licences are:

1. A, a full general licence valid for all meetings;
2. B, an apprentice licence valid for all meetings, subject to satisfactory performance;
3. C, a beginner’s licence valid for non-extended meetings and for qualifying and overnight races at extended meetings, subject to the approval of the Judges;
4. F, a fair licence valid for non-extended meetings and fairs;
5. Deleted.

Failure to comply with this rule shall constitute a violation by the participant.

25.02.01  Drivers must carry their licence on their person at all times while participating. Failure to do so is a violation.

25.02.02  The Judges may review the performance of a driver at any time and may take the following actions:

1. Amend the licence category;
2. Revoke the licence;
3. Apply conditions to the licence; or
4. Require the driver to re-qualify for his or her licence in accordance with Standardbred Canada regulations.

25.02.03  All Rulings issued by the Judges under Rule 25.02.02 may be appealed to the HRAP. Notice of Appeal is to be lodged in accordance with the HRAP Rules of Procedure.

25.03  Drivers must report to the paddock judge at least one hour before post time of any race in which they are programmed to drive, unless excused by the Judges.

25.04  Drivers must wear distinguishing colours, and shall not be permitted to drive in a race or other public performance unless, in the opinion of the Judges, they are well groomed and properly attired in clean driving outfits. During inclement weather conditions, drivers must wear rain suits made in their colours or made of a transparent material through which their colours can be distinguished. No person may use more than one design at any one time, unless approved by the Judges.

25.05  A driver cannot decline to be substituted by the Judges. Any driver who refuses shall be suspended and may be subject to a monetary penalty.

25.06  Once a driver reports to the paddock he shall not enter the public stands or the betting area until his driving duties for the day have been completed and upon completion of his driving duties he shall not enter the public stands until he has replaced his driving outfit with ordinary clothing, unless he/she has obtained permission of the Judges.

25.07  The Judges may remove a driver at any time if, in their opinion, his or her driving would not be in the best interests of harness racing.

25.08  A driver shall not drive for any other person in a race in which one of the horses he/she trains or owns has been declared into race.

25.09  Drivers shall fulfill all engagements, unless excused by the Judges.

25.10  Any driver programmed to drive in a race shall attend at the race paddock stall assigned to the horse he or she is programmed to drive at least two (2) minutes prior to the commencement of the post parade for the race.

 

26.01    A person shall not train horses, or be programmed as trainer of record at extended meetings, without first having obtained a trainer licence valid for the current year by meeting the standards for trainers, as established by Standardbred Canada or the United States Trotting Association and being licensed by the Commission. The holder of a driver’s licence issued by Standardbred Canada or the United States Trotting Association is entitled to all privileges of a trainer and is subject to all rules respecting trainers. Valid categories of licences are:

1. A, a full licence valid for all meetings and permitting operation of a public stable;
2. C, an apprentice licence valid for all meetings and permitting operation of a public stable, subject to satisfactory performance and ongoing approval of the Judges. The Judges may impose any conditions as deemed appropriate. This licence must be held for a minimum period of six months before applying to the Judges for an upgrade to an “A” licence;
3. F, a licence restricted to the training of horses while owned by the holder and/or his or her immediate family at all race meetings. Any “F” trainer who wishes to upgrade his/her licence must first upgrade to “C”. If the trainer has satisfied the requirements of the “C” licence in the past, at the discretion of the Judges that trainer may be upgraded to “A”.

26.01.01  The Judges may review the performance of a trainer at any time and may take the following actions:

1. Amend the licence category,
2. Recommend that the Registrar revoke the licence,
3. Apply conditions to the licence, or
4. Require the trainer to re-qualify for his or her licence in accordance with Standardbred Canada regulations.

26.02.01  A trainer shall be responsible at all times for the condition of all horses trained by him/her. The trainer must safeguard from tampering each horse trained by him/her and must exercise all reasonable precautions in guarding, or causing any horse trained by him/her to be guarded, from the time of entry to race until the conclusion of the race. No trainer shall start a horse or permit a horse in his/her custody to be started if he/she knows, or, if by the exercise of a reasonable degree of care having regard to his/her duty to safeguard their horse from tampering, he/ she might know or have cause to believe, the horse is not in a fit condition to race or has received any drug that could result in a positive drug test. Without restricting the generality of the foregoing, every trainer must guard, or cause to be guarded by the exercise of all reasonable standards of care and protection, each horse trained by him/her so as to prevent any person from obtaining access to the horse in such a manner as would permit any person not employed by or not connected with the owner or trainer from administering any drug or other substance resulting in a pre-race or post race positive test. Every trainer must also take all reasonable precautions to protect the horse and guard it against wrongful interference or substitution by anyone in connection with the taking of an official sample.

26.02.02  Any trainer who fails to protect or cause any horse trained by him to be protected and a positive test thereby results or who otherwise violates this rule, violates the rules.

26.02.03  Notwithstanding 26.02.01, the Commission and all delegated officials shall consider the following to be absolute liability violations:

1. Any trainer whose horse(s) tests positive for any substances determined to be non-therapeutic;
2. Any trainer whose horse(s) tests positive resulting from the out-of-competition program;
3. Any trainer whose horse(s) tests positive resulting from testing in accordance with or under the Pari-Mutuel Betting Supervision Regulations;
4. Any trainer whose horse(s) level of TC02 equals or exceeds the levels set out in Rule 22.38;
5. Any trainer whose horse(s) is administered a medication, drug or substance contrary to Rule 6.53.

26.03  Failure by a trainer to protect a horse and guard it against wrongful interference or substitution in connection with the taking of a urine sample will result in the trainer being held responsible for the wrongful interference or substitution.

26.04  If a trainer is to be absent from the track where his or her horses are participating in races, he/she must ensure that a competent and reliable licensed participant is substituting during his or her absence. The original trainer is responsible for the horses he/she has declared in to start and the substitute trainer will then become responsible for any additional horses the licensed substitute may declare to start.

26.05  When the Judges decide that someone other than the officially named trainer of record is actually in charge, custody of, or in care of a horse, the Judges shall have the right to hold such person responsible instead of, or in addition to, the person named as trainer of record.

26.06.01  A person shall not represent himself or herself to be the trainer of a horse unless he/she is actually training that horse.

26.06.02   If an owner changes his/her trainer, the new trainer shall immediately notify the Race Secretary and cause a notation in the race program of a trainer change.

26.07  The trainer of record of a horse shall be responsible to ensure that any person he/she delegates or permits to take the horse on the track for a warm-up before a race is capable and competent to perform these duties.

26.08  Whenever a trainer is suspended under any provisions of the Rules, any horse trained by him/her or under his or her care, but not owned wholly or in part by him/her, may, with the consent of the Judges at that meeting, be released to the care of another licensed trainer and may race.

26.08.01  Deleted.

26.09  Applicants for groom’s licences must be bona fide grooms and must have their status confirmed by the trainer actively utilizing their services.

26.10  It shall be the responsibility of a trainer to determine that every assistant trainer or groom employed by him/her during a meeting is licensed for the current year by the Commission and, if applicable, licensed by Standardbred Canada for insurance purposes.

26.11  It shall be the responsibility of a trainer to refuse employment to any person required to be licensed when he/she has reason to believe that the person has not been licensed by the Commission, where applicable. He/she is required to report the circumstances to the Judges.

26.12  It shall be the responsibility of a trainer to have the horses under his or her care, and which are programmed to race, properly equipped and in the paddock at least one hour before the scheduled post time or by the time prescribed by the track.

26.12.01  A trainer shall be responsible to ensure that all horses under his/her care and control, while training or racing on Association grounds are properly equipped with safety reins/lines.

26.13  A trainer shall not start a horse or permit a horse in his or her custody to be raced if he/she knows or if by the exercise of reasonable care he/she might have known or have cause to believe that the horse is not physically fit to race. When a trainer believes that a horse is not physically fit to race, it is his or her responsibility to have the horse checked by a veterinarian and have that veterinarian certify that the horse is unfit to race and present such certification to the Commission Veterinarian or Official Veterinarian.

26.14  The trainer of record of a horse declared to race is responsible for the eligibility of the horse.

26.15  The trainer of record of a horse shall be a licensed trainer who has the day-to-day care and or custody and or control of the horse and is responsible for the training, allocation or direction of training duties at the stable.

26.16  In determining the identity of the actual trainer of a horse the Judges shall consider the following:

1. The identity of the person who is responsible for the business decisions of the training or racing stable including, but not limited to, business arrangements with and any payments to or from owners or other trainers, licensed or otherwise, veterinarians, feed companies, hiring and firing of employees, obtaining workers’ compensation or proof of adequate insurance coverage, payroll and horsemen’s bookkeeper;
2. The identity of the person responsible for communicating with the racing secretary’s office, the stall manager, the Racing Association and the owners regarding racing schedules;
3. The identity of the person responsible for the conditioning of a horse or horses;
4. The identity of the person responsible for race day preparation including but not limited to accompanying the horses to the paddock, selection of equipment, authority to warm up horses before the public, and discussion of driving strategy;
5. The total number of horses in the control of the training or racing stable;
6. The number of active licensed trainers on the payroll of the training stable;
7. The number of different stabling locations; and
8. Any other relevant matters.

26.17  For any medication or drug requiring a prescription and any treatment ordinarily requiring the services of a veterinarian for any horse under his/her care and control, a trainer is required to use a veterinarian licensed by the Commission. A trainer of a horse may apply to the Registrar for an exemption from this rule, where the trainer trains a horse in an area under-serviced by equine veterinarians licensed by the Commission. Further a trainer may use a veterinarian not licensed by the Commission for the purposes of emergency treatment of a horse, provided the trainer advises the Registrar of the circumstance in writing as soon as practical.

26.18  Deleted.

27.01  An owner is the full owner, part owner, lessor, or lessee of a registered Standardbred horse that has qualified or has been programmed to race at an Ontario raceway within the preceding six months.

27.02  An owner, lessor, lessee or stable member shall not have any interest whatsoever in any horse declared to race without first having obtained a licence valid for the current year from the Commission.

27.03  Owners, lessors, lessees or stable members of horses competing on the date of the race shall be entitled to admission to the paddock.

27.04  If an owner changes his/her trainer, the owner shall immediately notify the Race Secretary and cause a notation in the racing program of a trainer change.

28.01  Stable names, multiple ownerships and estates may be licensed to race provided the stable name, multiple ownership or estate is first registered with Standardbred Canada or the United States Trotting Association and licensed by the Commission. Where the owner of a horse is a stable name, multiple ownership or an estate, the following persons must apply for and be granted licences:

1. In the case of a corporation with less than 10 shareholders:
   1. The corporation;
   2. Every corporate director; and
   3. Every shareholder.
2. In the case of a corporation with 10 or more shareholders, but less than 50:
   
   1. The corporation;
   2. Every corporate director; and
   3. Every shareholder holding or controlling a number of shares giving the shareholder 5 percent or more of the voting rights in the corporation.
3. In the case of a corporation with 50 or more shareholders or which is registered with a Canadian stock exchange:
   
   1. The corporation;
   2. Every corporate director or every member of the executive committee of the board of Directors;
   3. Every person acting as chairperson, secretary or holding a similar office;
   4. The person responsible within the corporation for the activities for which the licence is required; and
   5. Every shareholder holding or controlling a number of shares giving the shareholder 5 percent or more of the voting rights in the corporation.
4. In the case of a general partnership:
   
   1. The partnership, if 5 or more partners;
   2. The manager or any person holding a similar office; and
   3. Every partner.
5. In the case of a limited partnership:
   
   1. The limited partnership;
   2. The general partner and where the general partner is a corporation or a general partnership, the persons covered by sub-sections (a), (b), (c) and (d) of this section; and
   3. The manager or the general partner or any person holding a similar office.
6. In the case of a registered stable name:
   
   1. The stable name; and
   2. The owner or owners of the stable.
7. In the case of an estate:
   
   1. The estate; and
   2. The executors of the estate.
8. The foregoing provisions of this section do not apply with respect to any shareholder of a corporation, to a maximum of 2 shareholders per corporation, not otherwise in violation of this rule, if each of the one or two such shareholders:
   
   1. Legally holds shares in a corporation merely in order to meet the statutory requirements of the jurisdiction in which the corporation is incorporated and otherwise has no beneficial interest in the corporation; or
   2. Is not an active participant in the management of the affairs of the corporation, apart from being a corporate director; or
   3. Holds less than one (1) percent of the issued and outstanding shares of the corporation.

28.02  Any liability of a registered stable, multiple ownership or estate and any penalty imposed upon it shall apply to all of the members or shareholders required to be licensed under Rule 28.01 and/or any horse owned wholly or in part by the stable, multiple ownership or estate.

28.03  Any suspension of a participant required to be licensed under Rule 28.01 will include any horse owned wholly or in part by the stable, multiple ownership or estate.

1. Any liability of a registered stable and any penalty imposed upon the stable shall apply to all its members and/or horses owned wholly or in part by the stable. In the event one or more of the members of a registered stable is suspended, the suspension shall also include any horses owned wholly or in part by the stable.

28.04.01  Stable names, multiple ownerships, and general estates which are either partnerships or corporations must present to the Commission the following documentation in order to be eligible for a licence:
Partnerships (General and Limited)

1. In the case of a partnership, the applicant must provide an official business names report from Service Ontario.
2. In addition, the applicant must provide the names and addresses and consent for a record check of each partner in the partnership.

Corporations

1. In the case of a corporation, the applicant must provide an official corporation profile report for the corporation from Service Ontario.
2. In addition, the applicant must provide the names and addresses and consent for a record check of all of the directors and officers of the corporation.

28.04.02  Once a licence is granted to a partnership or corporation, either a partner, corporate director or officer, as the case may be, of the business entity, must inform the Registrar of any changes in the status of the business entity. The Registrar may require supporting documents regarding the change in status.

28.04.03  Failure by a partner, corporate director, officer, as the case may be, to inform the Registrar of change in status of the business entity may result in suspension or revocation of the business entity’s licence.

29.01  The race secretary shall:

1. Receive and keep safe in his or her custody any documents required to permit a horse to compete at the race meet or stabled on the grounds owned or cared for by the Association and return same to the owner or representative upon request;
2. Be familiar with the age, class and competitive ability of all horses racing at the meeting;
3. Classify and reclassify horses in accordance with the Rules;
4. Write conditions and schedule the racing programs to be presented at the racetrack and post same not less than 24 hours before declarations close;
5. Provide for the listing of horses in the racing program, examine all entry blanks and declarations and verify all information set forth therein; select the horses to start and the also eligible horses from the declarations in accordance with the rules governing these functions;
6. Examine nominations and declarations in early closing, late closing, futurity and stake events; verify the eligibility of all declarations and nominations and compile lists thereof for publication;
7. Establish standards and allowances for horses in accordance with commission and track rules and display such information in the Judges’ office, the racing office, on condition sheets and on the racing program; and
8. Ensure that no one other than officials and those assisting the race secretary are permitted in the office during the taking and sorting of entries;
9. Deleted
   (Note: replaced by R. 35. 13)

30.01  The starter shall:

1. Be appointed by the Association;
2. Be subject to the supervision of the Judges;
3. Be in the starting gate 15 minutes before the first race;
4. Have control over the horses from the formation of the post parade until the field is released at the starting point; and
5. Notify the Judges of all violations of the Rules, giving detailed information thereof.

30.02  The starter may situate the starting gate in accordance with the instructions of the Judges and fulfill the function of a patrol judge in accordance with Rule 33.01.

30.03  The starter shall advise the Judges of all horses ordered to be schooled behind the starting gate. The Judges shall place such horses on the Judges’ List and these horses shall not be permitted to be declared to race until removed from the list by the request of the starter.

31.01  A Standardbred Canada field representative shall:

1. Represent Standardbred Canada to provide services to racing participants; and
2. Input to and maintain accurately the Standardbred Canada database, including:
   
   1. Adding non-Ontario horses to the data base when racing for the first time at tracks in Ontario;
   2. Recording racelines not already on the database, immediately upon receipt of same;
   3. Inputting changes of ownership to the data base, necessitated by claims and transfers;
   4. Inputting change of sex information for horses to the data base;
   5. inputting all race results and printing reports for all types of races to the data base as soon as they become available, and providing reports to the Judges and the charter for proof reading and verification by the Judges before completion of the program;
   6. Inputting Coggins’ Test information from laboratory certificates, immediately upon receipt of such test result; and
   7. Deleted.
   8. Deleted.
   9. Deleted.
   10. Deleted.
   11. Deleted.
   12. Deleted.
   13. Deleted.
   14. Maintaining the past performance line of the horses, indicating when Furosemide was used and when it was not used, as the case may be.

31.02  Deleted.

32.01  The paddock judge shall:

1. Under the direction and supervision of the Judges, have complete charge of all paddock activities;
2. Get the fields on the track for post parades in accordance with the schedule given by the Judges;
3. Inspect horses for changes in equipment, broken or faulty equipment, head numbers and saddle pads;
4. Be responsible for the equipment inspector who shall keep a record of the equipment and harness worn by every horse racing at the meeting. The equipment and harness worn by every horse shall be checked in the paddock against such records before each race. All changes from the previous race shall be noted and the Judges notified if an authorization on the prescribed form is not presented for any change of equipment;
5. Supervise paddock security guards;
6. Check horses and drivers in and out;
7. Direct the activities of the paddock blacksmith;
8. Immediately notify the Judges of anything that could in any way change, delay or otherwise affect the racing program;
9. See that only properly authorized persons are permitted in the paddock;
10. Supervise the identification of horses in the race which shall include verifying the tattoo or freeze brand number, or identifying microchip;
11. Inspect and supervise the maintenance of all emergency equipment kept in the paddock;
12. Notify the Judges of the reason for any horse returning to the paddock after having entered the track for the post parade and before the start of the race;
13. Notify the Judges of all drivers, trainers and grooms who leave the paddock in an emergency;
14. Supervise and maintain cleanliness of the paddock;
15. Supervise the conduct of all participants in the paddock and report any rule violations or abuses to the Judges;
16. Report any observed cruelty to a horse;
17. Submit all paddock reports and attendance records to the Judges on request. Such reports and records must be retained for twelve months; and
18. Ensure that all entrances and exits to the racetrack are closed before the starter calls the field to the post.

32.02  A record shall be maintained indicating the names and times of entry and departure of all persons admitted to the paddock. The persons entitled to admission to the paddock area are:

1. Owners, lessees, trainers, drivers or grooms of horses which have been summoned to the paddock;
2. Officials whose duties require their presence in the paddock; and
3. Other persons authorized by the Judges or the Registrar.

32.03  Once admitted to the paddock, the horse shall not leave the restricted area, other than to warm up or until the races for which the horses were admitted are completed.

32.04  Deleted.

32.05  The post parade from the paddock shall commence at a time designated by the Judges. The paddock judge shall cause all horses in a race to be formed in a parade line in the programmed order. Such horses shall be attended by their drivers unless specifically excused by the paddock judge.

32.06  It shall be the duty of the paddock judge to report to the Judges any equipment or harness which he/she considers dangerous or unsafe or not in the best interests of racing.

32.07  The paddock is a secure area for the period beginning two hours before post time and ending one hour after the last race. After a horse has entered the paddock, parenteral or oral medication of that horse is strictly prohibited whether the medication is on the prohibited list or not.

 

33.01  An Association shall appoint a patrol judge. In all cases the patrol judge will be strategically located by the Judges. The starter may, with the permission of the Judges, be designated as a patrol judge. Further the starter may, when acting as a patrol judge, follow the field in the starting gate, weather and track conditions permitting.

33.02  The patrol judges shall:

1. Be subject to the supervision of the Judges;
2. Be observant of and report to the Judges on all activity on the racetrack in their areas at all times during the race program. Particular attention to be applied to the rules of decorum, lameness and fitness of any horse, and any lack of or broken racing equipment; and
3. Be in constant communication with the Judges during the course of every race and immediately advise of every rule violation, improper act or unusual occurrence which happens within their station that could affect the result of the race.

33.03  Deleted.

33.04  Deleted.

33.05  Deleted.

33.06  Deleted.

33.07  Deleted.

33.08  Deleted.

33.09  On all tracks a proper camera shall be installed as an aid to the Placing Judge, however, in all cases, the camera is merely an aid and the decision of the Judges shall be final.

33.10  Photo finish photographs shall not be released to anyone for publication without permission of the Judges, except to the Association for its public display at the racetrack at which racing is being conducted.

34.01  An Association shall appoint at least one charter who shall be responsible for properly and accurately completing the official chart by doing the following:

1. Reporting to the Judges’ stand at least one-half hour before first post-time, and proof-reading each chart against the program, noting program changes, and changes made subsequent to the printing of the program;
2. Accurately recording the following information on the chart, regardless of type of race, and providing the completed chart to the Judges for verification and approval and also checking with the Standardbred Canada field representative after he/she has had the opportunity to input the chart information to the data base for error checks within the chart, for each race and making corrections as required;
   
   1. Date, place, and size of the track, if other than one-half mile;
   2. Symbol for free-legged pacers and hoppled trotters;
   3. Track condition, track variant (in increments of full seconds), distance of race, temperature;
   4. Claiming prices;
   5. Post positions, position at the one-quarter, one-half, three-quarter, and stretch, with lengths behind the leader at each call;
   6. At the completion of each race, determine from the photo-finish film the individual time and beaten lengths of each horse by using the formula of one-fifth of a second per length. Separations such as nose, neck, one-quarter, and one-half length do not signify one-fifth of a second difference, but separations of three-quarters of a length signify one-fifth of a second (the same as one full length), the order of finish will be determined by the Judges;
   7. Closing dollar odds and wagering information such as betting favourite, mutual field, etc.;
   8. Deleted.
   9. Name of driver;
   10. Name of trainer;
   11. Names of horses placed first, second, and third by the Judges;
   12. The standard symbols for breaks, interferences, and parked-outs, where applicable;
   13. Explanations of placings and disqualifications in ‘comments’ section of official chart;
   14. Wagering pools and pari-mutuel pools and pay offs; and
   15. In the case of horses enrolled in the EIPH Program, recording the horse’s status consistent with Rule 35.13.

34.02  An Association will supply the charter with the following tools for creating an official chart:

1. Binoculars appropriate for the size of the track;
2. Charter worksheets;
3. Recording device;
4. Calculator;
5. Television;
6. DVD/VCR.

35.01  All AGCO licensed owners, trainers, assistant trainers and veterinarians may complete an EIPH Program - Add or Remove Horse (Ordinarily Competing in Ontario) Submission in order to place a horse on the EIPH Program. Such submissions shall contain certification by an AGCO licensed veterinarian to the effect that the horse has displayed symptoms of EIPH or that through consultation with the trainer or owner, it is in the horse’s best interest to be placed on the EIPH Program. 

For a horse not ordinarily competing in Ontario that has past performance lines showing that for the horse’s last start in a foreign jurisdiction the horse competed on furosemide, they will be placed on the EIPH Program. Those who do not want their horses to be on the EIPH Program are required to complete an EIPH Program - Horse Opt-Out (Shipping in to Compete in Ontario) Submission to opt-out of the program. This submission may be submitted by the owners, trainer, or assistant trainers of the horse, and is only applicable to a horse that is being shipped in from other jurisdictions and has not been enrolled in the EIPH Program prior to the time of entry of the subject race.  This submission must be submitted to AGCO by time of entry.

For a horse not ordinarily competing in Ontario that does not have past performance lines showing that for the horse’s last start in a foreign jurisdiction the horse competed on furosemide, the Registrar, by time of entry, must receive a regulatory submission with documentation certifying that the horse has qualified for the EIPH Program in the jurisdiction in which it is enrolled.  Notwithstanding the above, the Judges may accept an entry provided the documentation from the foreign jurisdiction is filed and accepted by the Stewards, four and one half (4 ½) hours before post time of the race for which the horse is entered.

35.01.02  Deleted.

35.02  To be valid, the EIPH Program – Add or Remove Horse (Ordinarily Competing in Ontario) Submission must be provided to the Commission:

1. within 30 days of the veterinary consultation, observation or examination having taken place; and
2. submitted by time of entry.

The day the consultation, observation or examination took place shall be the horse’s first day on the EIPH list and the horse will be eligible to race 14 days thereafter for the EIPH Program – Add Horse (Ordinarily Competing in Ontario) Submission.

Notwithstanding the above, the Judges may accept an entry provided any required documentation is filed with and accepted by the Judges, four and one half (4 ½) hours before post time of the race for which the horse is entered.

35.02.01  Deleted.

35.02.02  Deleted.

35.02.03  Deleted.

35.02.04 Deleted.

35.02.05  Deleted.

35.02.06  Deleted.

35.03  No horse is accepted to the EIPH Program until the Commission has confirmed the horse has been placed on the program.

35.04  The status of all horses enrolled in the EIPH Program must be declared on the entry form at the time of entry.

35.05  Any horse that is declared as eligible (hereinafter called “certified horse”) to receive furosemide on the entry form must have, in fact, been accepted to the EIPH Program at the time of such declaration. Any licensee who falsely declares that the horse has been enrolled in the EIPH Program when such horse is not a certified horse shall be deemed to have violated these rules by such false declaration .

35.06  EIPH horses shipping in from a foreign jurisdiction wishing to compete in Ontario using furosemide must be acceptable to the EIPH Program and it shall be a violation to falsely declare that the horse is acceptable to be enrolled in the EIPH Program.

35.07  Any certified horse must be presented by the owner or trainer, or his or her duly licensed representative at a retention facility at the track where the horse is racing on that occasion at least four hours and fifteen minutes prior to the post time as published on the overnight sheet of the race in question and shall remain there until medicated with the correct dosage of furosemide. Any certified horse that does not receive furosemide no earlier than four hours and fifteen minutes and no later than three hours and forty-five minutes before the published post time for the race in which it is entered to compete shall be automatically scratched.

35.07.01  Deleted.

35.07.02  Deleted.

35.07.03  Deleted.

35.07.04  Deleted.

35.07.05  Deleted.

35.07.06  Deleted.

35.07.07  Deleted.

35.08  The certified horse must be medicated with the a dosage of furosemide which is no less than 150 mg and no more than 250 mg intravenously by the designated EIPH Program technician or EIPH Program veterinarian (or, in the presence of that designated technician or veterinarian, by an AGCO licensed veterinarian who shall use only furosemide, syringes and needles supplied by the designated technician or veterinarian).

35.09 In the event that an owner or trainer, as the case may be, has failed to assure that the certified horse was medicated, the owner or trainer shall be in violation of these rules.

35.10  Any trainer of a horse that has been certified to receive furosemide in accordance with the provisions of the EIPH Program, who fails or refuses, without reasonable justification, to have the certified horse injected with furosemide within the time limited in accordance with the provisions of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) and these rules for any race in which the horse is programmed to start shall be deemed to have committed a breach of these rules.

35.11.00 A horse that bleeds from the nostrils (epistaxis) in a race in Ontario, or that is observed by the Commission Veterinarian or Official Veterinarian bleeding from the nostrils within an hour of a race for the first time within a 365 day period will be placed on the Bleeder List. It will also be suspended for 14 days from the date of the race in which it bled.

35.11.01 If a horse bleeds from the nostrils (epistaxis) in a race, or is observed by the Commission Veterinarian or Official Veterinarian bleeding from the nostrils (epistaxis) within an hour of a race for the second time within a 365 day period, it will be placed on the Bleeder List. It will also be suspended for 90 days from the date of the race in which it bled for the second time.

35.11.02 02 If a horse bleeds from the nostrils (epistaxis) in a race, or is observed by the Commission Veterinarian or Official Veterinarian bleeding from the nostrils within an hour of a race for the third time within a 365 day period it will be placed on the Bleeder List. It will also be suspended for 365 days from racing from the date of the race in which it bled for the third time.

35.11.03 In the event that a horse bleeds from its nostrils in violation of rules 35.11.00 – 36.11.02, the owner/trainer has the option to have the horse examined with a flexible endoscope by a veterinarian licensed by the Commission. The horse must be examined within two hours of the race in question. If the veterinarian certifies to the Judges, that on bronchoscopic examination there was no blood in the trachea or bronchi, the Judges may waive the provisions of 35.11.00 – 35.11.02.

35.12  A certified horse must remain on the EIPH Program for 100 days calculated from the date of its initial or most recent certification, regardless of any change of owner or trainer. For any horse on an EIPH Program in another Canadian province, where the AGCO can confirm the exact date the horse was duly registered on their program, that date shall be used to calculate the 100 days.

35.12.01 After being on the EIPH Program for at least 100 days, such horse may be removed from the EIPH Program after completing an EIPH Program –Add or Remove Horse (Ordinarily Competing in Ontario) Submission. After the AGCO has confirmed that the horse has been removed from the EIPH Program, the horse shall be eligible to be entered to race without being treated with furosemide prior to racing. If such horse bleeds, it may be readmitted to the EIPH Program upon completing an EIPH Program - Add or Remove Horse (Ordinarily Competing in Ontario) Submission.

35.13 Each racing association is responsible for ensuring that a horse’s status with respect to the EIPH Program is provided in the race program.

36.01  A licensee in a Safety Sensitive Position is prohibited from the following:

1. Using an Illegal Drug or a Prohibited Substance at a licensed facility;
2. Performing activities of the Safety Sensitive Position at a licensed facility while an Illegal Drug or a Prohibited Substance is present in his or her body;
3. Consuming Alcohol at a licensed facility while performing, or reasonably prior to performing activities, of a Safety Sensitive Position;
4. Performing activities of the Safety Sensitive Position at a licensed facility while having a BAC of .02 or higher;
5. Using, at a licensed facility, any Impairing Prescription Medication without a prescription for the licensee’s use of that medication;
6. Performing activities of the Safety Sensitive Position at a licensed facility while an Impairing Prescription Medication for which the licensee does not have a prescription for use is present in his or her body;
7. Intentionally using, at a licensed facility, any Impairing Prescription Medication prescribed for the licensee’s use in a manner not prescribed and which use has the potential to impair the licensee’s abilities to perform the activities of his or her position safely;
8. Performing activities of the Safety Sensitive Position at a licensed facility while,
   
   1. An Impairing Prescription Medication intentionally used in a manner not prescribed to the licensee is present is his or her body, and
   2. He or she displays signs that his or her physical or cognitive abilities are impaired to the extent that there is a potential that the licensee cannot safely perform the activities of the Safety Sensitive Position.
9. Within the first eight hours of an event described in 36.03(a) or until tested or advised by a Commission Representative under 36.03(a) that a test is not required, using an Illegal Drug or a Prohibited Substance or consuming Alcohol or using any Impairing Prescription Medication without a prescription for the licensee’s use or intentionally using any Impairing Prescription Medication prescribed for the licensee’s use in a manner not prescribed.

36.02  A licensee in a Safety Sensitive Position called in unexpectedly activities of a Safety Sensitive Position in a manner that would violate 36.01(b), (d), (f) or (h) shall decline the request.

36.03  A licensee or Designated Racing Official shall not be present at a licenced facility in the following circumstances:

1. Alcohol, an Illegal Drug, a Prohibited Substance or an Impairing Prescription Medication is present in his or her body, and
2. He or she displays signs that his or her physical or cognitive abilities are impaired to the extent that there is a potential that the licensee or Designated Racing Official cannot safely perform his or her activities or duties related to the business of racing, he or she poses a safety risk to himself or herself, to other persons or to horses or, in a situation where the licensee or Designated Racing Official has been involved in an incident, accident or near miss, the licensee or Designated Racing Official displays signs of physical or cognitive impairment.

36.04  A licensee in a Safety Sensitive Position is subject to testing in the following situations:

1. Post Incident/Accident
   A Commission Representative investigating a significant accident, incident or near miss that occurs at a licensed facility may require a licensee in a Safety Sensitive Position to undergo testing for the presence of Illegal Drugs, Prohibited Substances, Impairing Prescription Medication or a combination of these substances in his or her body, if the Representative has a reasonable belief that the licensee’s activities are or were relevant to the accident, incident or near miss being investigated.
2. Required Alcohol Testing
   At times or in circumstances set by the Commission or a Commission Representative or upon direction of a Commission Representative, a licensee in a Safety Sensitive position shall undergo testing for Alcohol in his or her body when they are performing, scheduled to perform or have completed performing the activities of the position.
3. Unannounced Drug Testing
   A licensee in a Safety Sensitive Position shall undergo testing for the presence of Illegal Drugs, Prohibited Substances, Impairing Prescription Medication or a combination of these substances in his or her body without notice to the licensee at any time during the racing season. The selection of the licensee for testing will be by an objective selection system managed by the Commission’s Program Coordinator.
4. Return to Duty – Post Violation
   Where a licensee seeks to return to a Safety Sensitive Position after a suspension for a violation of a prohibition in 36.01, he or she will be required to undergo testing for the presence of Alcohol, Illegal Drugs, Prohibited Substances, Impairing Prescription Medication, or a combination of these substances in his or her body and the test or tests must show no presence of such substances in his or her body before the licensee may return to such a position. In addition, it shall be a condition of the licensee’s licence as set out in a Post-Violation Agreement described in 36.13 that the licensee will be required to undergo testing for the presence of Illegal Drugs, Prohibited Substances, Impairing Prescription Medication or a combination of these substances in his or her body without notice to the licensee at any time.
5. Return to Duty – Post Treatment
   Where a licensee is returning to a Safety Sensitive Position after receiving treatment for abuse of or addiction to Alcohol, Illegal Drugs, Impairing Prescription Medication or a combination of these substances, the licensee may be subject to testing for such substances in his or her body as a monitoring tool on a case by case basis to support the licensee’s recovery.
6. Additional Testing
   Where a laboratory conducting a test for the presence of an Illegal Drug, a Prohibited Substance or an Impairing Prescription Medication reports that the testing of the sample cannot provide an accurate determination of the presence or the amount of the substance in the licensee’s body for whatever reason, including that the sample is a dilute sample, the licensee shall submit to an additional test, if directed by a Commission Representative.

36.05  Reasonable Cause Testing
Any licensee and any Designated Racing Official engaged in the business of racing at a licenced facility, whether or not he or she is in a Safety Sensitive Position, shall submit to the testing for the presence in his or her body of Alcohol, Illegal Drugs, Prohibited Substances or Impairing Prescription Medications on the request of a Commission Representative where,

1. That Representative has reasonable grounds to believe that the licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired to the extent that there is a potential that the licensee or Designated Racing Official cannot safely perform their activities or duties related to the business of racing, poses a safety risk to other persons or horses; or
2. The licensee or Designated Racing Official has been involved in an incident, accident or near miss and a Commission Representative has reasonable grounds to believe that that the licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired or were impaired at the time of the incident, accident or near miss.

36.06  Testing Protocol – Alcohol
A person required to undergo testing for the presence of Alcohol in his or her body shall provide a breath sample to a Commission Representative for analysis at a time and place and in a manner directed by the representative.

36.07  Testing Protocol – Illegal Drugs, Prohibited Substances and Impairing Prescription Medications
A person required to undergo testing for the presence in his or her body of Illegal Drugs, Prohibited Substances or Impairing Prescription Medications, or a combination of these substances, shall provide a sample of bodily fluid to a Commission Representative at a time and place and in a manner directed by the Representative.

36.08  Immediate Suspension – Illegal Drugs, Prohibited Substances in a Licensee in a Safety Sensitive Position
Should an Illegal Drug or a Prohibited Substance be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.

36.09  Immediate Suspension – Impairing Prescription Medication without a Valid Prescription in a Safety Sensitive Position
Should an Impairing Prescription Medication be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing and the licensee cannot show that he or she has a valid prescription for the medication, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.

36.10  Immediate Suspension – Impairing Prescription Medication with a Valid Prescription in a Safety Sensitive Position
Should an Impairing Prescription Medication be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing and, notwithstanding that the medication has been validly prescribed to the licensee,  a Commission Representative has reasonable grounds to believe that the licensee displays signs that the licensee’s physical or cognitive abilities are impaired extent that there is a potential that the licensee cannot safely perform the activities of the Safety Sensitive Position, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.

36.11  Immediate Suspension – Reasonable Cause Testing for Illegal Drugs, Prohibited Substances or Impairing Prescription Medication
A licensee or Designated Racing Official is suspended from his or her duties until a Medical Review Officer notifies the licensee or Designated Racing Official that he or she may return to his or her duties, if, after a test under 36.05, Alcohol, an Illegal Drug, Prohibited Substance or Impairing Prescription Medication is present in the body of a licensee or Designated Racing Official at the time of testing and,

1. A Commission Representative has reasonable grounds to believe licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired to the extent that there is a potential that the licensee or Designated Racing Official cannot safely perform their activities or duties related to the business of racing or poses a safety risk to other persons or horses; or
2. A situation where the licensee or Designated Racing Official has been involved in an incident, accident or near miss, the Commission Representative has reasonable grounds to believe that that the licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired or were impaired at the time of the incident, accident or near miss.

36.12  Penalties for Violations of 36.01 – Safety Sensitive Positions

1. The penalties for a violation of 36.01(d) are the following:
   1. Where the breath sample provided results in a test result of .02 to .039 BAC,
      1. For a first violation, a suspension from performing the duty or duties for which he or she is licensed for that day, a $100 monetary penalty, a reminder of the policy requirements and a suggested referral for assistance;
      2. For a second violation, a suspension from performing the duty or duties for which he or she is licensed for that day, a $300 monetary penalty, a suspension for a further 5 days if the second violation occurs within 12 months of the first violation, and a referral, at the discretion of a Commission Representative,  to a Substance Abuse Professional (SAP) for evaluation to determine the need for a structured assistance program; and
      3. Any subsequent violation within 12 months of the second or subsequent violation shall result in the suspension from the duty or duties for which they are licences and the licensee shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.
   2. Where the breath sample provided results in a test result of .04 to .079  BAC,
      
      1. For a first violation, suspension from performing the duty or duties for which he/she is licensed for that day, a $300 monetary penalty, a suspension of five (5) days, a reminder of the policy requirements and a suggested referral for assistance;
      2. For a second violation, suspension from performing the duty or duties for which he/she is licensed for that day, a monetary penalty of $500 and a suspension of fifteen (15) days if committed within 12 months of the first violation, referral to a Substance Abuse Professional (SAP) for evaluation to determine the need for a structured assistance program if they choose to return to duties with the Commission, and compliance with return to work conditions set out in an agreement with the individual, and must provide a negative return to duty drug and alcohol test,
      3. Any subsequent violation within 12 months of the second or subsequent violation shall result in suspension from performing the duty or duties for which they are licensed and they shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.
   3. Where the breath sample provided results in a test result of .08 BAC or higher,
      
      1. For a first violation, suspension from performing the duty or duties for which he/she is licensed for that day, a $500 monetary penalty, a suspension of fifteen (15) days, referral to a Substance Abuse Professional (SAP) for evaluation to determine the need for a structured assistance program if they choose to return to their duties as a licensee, and compliance with return to work conditions set out in an agreement with the individual, and must provide a negative return to duty drug and alcohol test;
      2. Any subsequent violation within 12 months of the first violation shall result in suspension from performing the duty or duties for which they are licensed and they shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.
2. Violations of 36.01, other than 36.01(d), and 36.02 and 36.03 shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.

36.13  Post Violation Agreements
A licensee or Designated Racing Official who has violated any of 36.01, 36.02, or 36.03 may be directed by the Registrar to enter into a Post Violation Agreement which will, at a minimum, include the following:

1. Full cooperation with the Substance Abuse Professional (SAP) assessment process;
2. Adherence to any recommended treatment, monitoring, and aftercare program;
3. Maintenance of sobriety on return to duty;
4. Successful completion of a return to duty alcohol and drug test;
5. Ongoing unannounced testing for a period set out in the agreement; and
6. No further violations of the policy.

Although the Registrar will refer licensees and Designated Racing Officials who test positive to qualified services, the cost of these services to persons not employed by the Commission is not covered by the Commission. All costs associated with assessment, treatment and aftercare, will be at his or her own expense.

36.14  Immediate Suspension and Referral – Refusal to Test, Adulterating or Tampering with Sample
Where a licensee refuses to undergo testing as required by this Rule 36 or adulterates or tampers with, or attempts to adulterate or tamper with, a sample provided under this Rule 36, he or she shall be suspended from performing the duties for which they are licenced and the matter shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.

36.15  Nothing in this Rule 36 restricts a Judge’s authority to impose a penalty under 6.01for conduct prejudicial to the best interests of racing including, but not limited to, penalties for the following:

1. Possession, distribution, manufacture, offering for sale of Illegal Drugs, Illegal Drug paraphernalia, Prohibited Substances or Prohibited Substances paraphernalia;
2. Manufacture, distribution or offering for sale of drugs for which a prescription is required in Canada; or
3. Possession of Impairing Prescription Medications that are not legally prescribed to the person possessing them.

36.16  Nothing in this Rule 36 restricts a Judge’s authority under 6.01 to impose a penalty under that rule in circumstances where the Judge has reasonable grounds to believe that a licensee or Designated Racing Official is not capable of performing his or her activities or duties relating to the business of horse racing, whether due to impairment or any other reason.

36.17  Any licensee or Designated Racing Official who fails to report a participant whom he or she might reasonably determine to have been consuming Alcohol, Illegal Drugs or Prohibited Substances, to the Judges violates these rules and shall be subject to a monetary penalty or suspension, or both.

36.18  Additional Penalties
No Raceway, Association, or licensed body shall impose a penalty upon a licensee who has violated this rule, unless that licensee is directly employed by that Raceway, Association or licensed body.

37.01  The Registrar or his or her delegate may require that biological samples be taken from a horse at any time or place and without prior notice.

37.02  When an order for a biological sample has been made by the Registrar, the samples will be taken by the Commission Veterinarian, an Official Veterinarian, or qualified person approved by the Commission Supervisor of Veterinarians, to determine whether or not the horse has any drug, medication or other substance in its system.

37.03  Biological samples include, but are not limited to, blood, hair, saliva and urine from the horse.

37.04  Where the Registrar or his or her delegate has required that a biological sample be provided, the horse will be made available forthwith by the owner as recorded with the breed registry body and/or trainer of record of the horse, or, if the trainer of record of the horse is not readily available, any assistant trainer, or, if there is no assistant trainer, or, if no assistant trainer is readily available, any groom employed by the trainer of record of the horse.

37.05  The failure or refusal, following notification as described in Rule 37.04 to make a horse available, forthwith, for biological sampling may result in one or more of the following sanctions:

1. The horse may be scratched from any race it is entered into;
2. The owner or trainer may be prevented from entering any horse(s) in future races in the Province of Ontario; and
3. The owner or trainer may become subject to a monetary penalty and/or suspension.

37.06  No licensee, other than those authorized by the Registrar, may obtain biological samples from any horse located off of the grounds of an Association for the purposes described in these rules.

37.07  The Registrar may direct a laboratory to retain and preserve samples for future analysis. Any decision with respect to the Registrar’s direction is not subject to appeal.

37.08  The Registrar may, at his or her discretion fix a time period which is not subject to appeal, that the sample(s) will be stored for, and may order the destruction of stored samples as he or she sees fit.

37.09  In accordance with the Horse Racing Licence Act, 2015, owners and/or trainers of horses shall allow a person designated by the Registrar acting upon reasonable grounds that the business of horse racing in any or all of its forms is taking place, access at any reasonable time, whether on or off the grounds of a racing association, to the following:

1. Stabling areas;
2. Training areas; and/or
3. Vehicles and/or trailers used for the transportation of horses or the business of horse racing.

Access shall be granted for the purposes of:

1. Conducting inspection for illegal or non-therapeutic medications or drugs, including any drug, substance, article or medication listed in Rule 6.46.01, or other device described in the Rules; and/ or
2. Seizing any suspected illegal or non-therapeutic medication or drugs, including any drug, substance, article or medication listed in Rule 6.46.01, or other device described in the Rules. Any medication, drug, substance, article or device seized may be forwarded by the Commission for analysis to a lab of its choice.

For the purposes of Rule 37.09, a horse shall be deemed to be:

1. A horse that has raced in the past 60 days or is within 60 days of racing and/or qualifying;
2. A horse qualified to race in Ontario;
3. A horse entered to race in Ontario; and/or
4. A registered Standardbred horse.