Chapter 22: Racing Rules

Last Updated: 
2021-04-06

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.