Rules of Thoroughbred Racing

Last Updated: 
2018-11-30

Chapter 1: Preliminary

Last Updated: 
2018-11-30

1.01.01.1  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 Thoroughbred racetracks and participants under the Commission jurisdiction.

1.01.01.2  For the purposes of Quarter Horse racing the Rules of Thoroughbred Racing shall apply with the exception that they shall be superseded by the Quarter Horse appendage if a conflict arises.

1.01.2  Thoroughbred 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, and any other applicable laws and regulations. In cases of conflict, the Rules of Thoroughbred Racing including the Quarter Horse appendage shall supersede the conditions of a horse race and the regulations of the Association.

1.01.3  All rulings of Racing Boards and Commissions will be honoured by the Commission as taking effect in Ontario, and all Associations and their officials and employees shall honour such rulings and rulings of other racing jurisdictions in Canada. Notwithstanding this rule, no person will be denied an appeal to the Horse Racing Appeal Panel (the HRAP) if such person applies therefor.

1.02.1  Newly adopted rules and all changes become effective on the date of publication.

1.02.2  Deleted.

1.02.3  Any ruling of the Registrar, the Stewards or other Racing Officials may be published as soon as the person or persons affected by such ruling have been notified either directly or by mail.

1.03  Every person required by the Commission to be licensed shall abide by the Rules and accept the decisions of the Stewards on all matters to which their authority extends, subject to the right of appeal to the HRAP.

1.04  Commission employees and all Racing Officials shall not use or consume prohibited drugs or alcoholic beverages while on duty.

1.05  Ignorance of the Rules will not be accepted as an excuse for their violation.

1.06  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.

1.07  All definitions in these rules shall apply as well to Registrar’s Directives.

1.08  When the final day for implementing any activity covered under the Rules falls on a Sunday, and when no racing is being conducted on that day, the activity may be carried out the following Monday. However, if a race to which such activity relates is scheduled for that Monday, the activity may be performed on the previous Saturday.

1.09  Only track rules and regulations certified as acceptable by the Registrar will be accepted as valid and be acted upon by Commission employees.

Chapter 2: Definitions

Last Updated: 
2020-03-02

Age of a horse foaled in the northern hemisphere 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.

Allotted Stabling Area shall be the stalls, feed rooms, offices allotted to a trainer and the shedrow immediately in front of said areas, plus the immediate most direct access to these areas.

Arrears are all monies owed by a licensee, including subscriptions, jockey fees, forfeitures, and any default incident to these Rules.

Association means a person, 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 is the owner of the horse’s dam at the time of foaling.

Canadian-bred horse is one that is registered as such by the Canadian Thoroughbred Horse Society.

Careless Riding means every jockey/apprentice who rides a horse on a race track without due care and attention or without reasonable consideration for other jockeys, apprentice jockeys and/or horses and shall constitute a violation of these Rules.

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

Claiming race is a race which permits horses starting to be claimed (purchased for a designated amount) in conformance with the Rules.

Clear Days shall be construed so as to exclude the day of the last race or the day of the last workout and the day of the race, or; the day of the claim and the day of the sale or transfer, or the day of the race outside of Ontario.

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

A Commission means a Racing Commission recognized by the Commission.

Commission Representative means an employee(s) or agent of the Commission delegated the duties as required by the Registrar.

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

Conditional licence means any Commission licence which has conditions limiting the normal rights of that licence holder.

Day (also known as a calendar day) is a 24-hour period beginning at 12:01 a.m. and ending at 12:00 p.m. midnight.

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:

  • Thoroughbred - Stewards, Paddock Judge, Clerk of the Scales, Assistant Clerk of the Scales, Placing Judge, Horse Ambulance Driver and Course Marshall;
  • Quarter Horse - Stewards, Paddock Judge, Clerk of the Scales, Horse Ambulance Driver and Course Marshall.

EIPH Program - The Ontario Thoroughbred 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).

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

Entry Date means the date on which a horse is entered for the first time. To qualify for this date, a horse must have been excluded from a race which appears on the overnight or it must have been entered in a race which failed to fill through insufficient entries, or was not used by the Association. In order to maintain an entry date, papers must be on file with the Association.

Equipment includes, when applied to a horse, whips, blinkers, tongue straps, and plates.

Feature racing shall be defined in the same manner as set forth in the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada).

Gender words of the masculine gender include the feminine and the neuter.

Handicap is a race in which the weights to be carried by the horses are assigned by the Racing Secretary or Handicapper for the purpose of equalizing the chances of winning for all horses entered or nominated.

Highweight handicap is one in which the top weight shall not be less than 140 pounds.

Horse is any thoroughbred equine (including and designated as a mare, filly, stallion, colt, ridgling or gelding) registered for racing; or specifically an entire male 5 years of age or older.

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).

HBPA means the Horsemen’s Benevolent and Protective Association.

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.

Immediate Family means the son, daughter, son-in-law, daughter-in-law, father, mother, grandchild, grandparent, adopted son, adopted daughter, step son, step daughter, or person to whom the affected licensee stands in loco parentis.

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.

Lessee is a person to whom the racing qualities of a horse are leased, in whole or in part.

Lessor is a person from whom the racing qualities of a horse are leased, in whole or in part.

Maiden is a horse that has never won an official or recognized race as defined in breed registry rules.

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

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.

Meeting is the specified period and dates each year during which an Association is authorized to conduct racing by approval of the Registrar.

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

Minor means a person who has not yet attained the age of eighteen (18) years.

Month means a calendar month.

Multiple Ownership shall mean ownership of one or more horses by more than one individual.

Nominator is a person or entity in whose name a horse is nominated for a race or series of races.

Official Chemist means a person approved as the Official Chemist 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 under 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. Stewards
  2. Placing Judges
  3. Horse Identifier
  4. Clerk of the Scales
  5. Assistant Clerk of the Scales
  6. Starter
  7. Assistant Starters
  8. Starting Gate Groundsperson
  9. Jockeys’ Room Custodian
  10. Clockers
  11. Racing Secretary
  12. Assistant Racing Secretary
  13. Commission Veterinarian or Official Veterinarian
  14. Paddock Judges
  15. Course Marshall (Outrider(s))
  16. Medical Doctors on Staff
  17. Horseperson’s Bookkeeper
  18. Assistant Horseperson’s Bookkeeper
  19. Paddock Security Officers

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 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.

Overnight Handicap is an overnight race in which the weights to be carried by the horses are assigned by the handicapper.

Overnight Race means a race for which entries close for the first race of the day on which the race is to be run at the time set by the race secretary, and for which no liability is incurred by the owner for entrance money.

Owner is a person who holds any title, right or interest, in whole or in part, in a horse.

Partnership for the purposes of racing, a Partnership shall be a single entity.

Post position is the position assigned to the horse for the start of the race drawn in accordance with Rule 6.17.

Post time is the scheduled time set by the official clock on the tote board for horses to arrive at the starting gate for a race.

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

Public stable trainer is a person who trains for anyone other than oneself or one’s spouse.

Publication means a Registrar’s Directive, Ruling and any other publication which may from time to time be so designated by the Registrar.

Race is a contest between horses at a licensed meeting.

Racetrack or track shall be deemed to mean and include all parts of the plant or premises of an Association.

Registrar has the same meaning as under the Alcohol and Gaming Regulation and Public Protection Act, 1996.

Rules means the Rules of Thoroughbred Racing herein prescribed and any amendments thereto, and relate only to Thoroughbred racing at all Ontario race tracks under the jurisdiction of the Commission.

Running Date means the date which corresponds to the day of a horse’s most recent race. Once establishing either a Running Date or an Entry Date in Ontario, all subsequent starts in Ontario will establish new Running Dates.

Safety Rein means a rein 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 individuals have a key and direct role in the handling of a horse such that performance is impacted by alcohol or other drug use could result in 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:  

  • Thoroughbred: apprentice jockey, exercise person, jockey, pony person, starting gate personnel, horse identifier, commission and official veterinarian, jockey valet, trainer, groom, hot walker and blacksmith, test inspector, and TCO2 technician.
  • Quarter Horse: apprentice jockey, exercise person, jockey, pony person, starting gate personnel, horse identifier, commission and official veterinarian, jockey valet, trainer, groom, hot walker and blacksmith, test inspector, and TCO2 technician.

Scratch Time is the deadline set by the Association for withdrawal of entries from a scheduled performance.

Scratching is the act of withdrawing an entered horse from a race after closing of entries.

Sex means mare, filly, spayed mare or filly, colt, stallion, ridgling, or gelding.

Singular, Plural; words in the singular number include the plural, and in the plural number includes 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 decree, order or judgement of a court of competent jurisdiction, or pursuant to a written agreement.

Stable area means those places within the property of a racing Association comprising the stables, track kitchen, racing offices, training areas, saddling areas including paddock and walking ring, and the winner’s enclosure.

Steward is a duly appointed Racing Official with powers and duties specified by statute or rules.

Subscription means the act of nominating for a stakes race.

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.

Suspension shall mean prohibition from participating in any manner in racing during the period of that suspension in Thoroughbred, Standardbred, and Quarter Horse racing.

Sweepstakes or Stakes shall be defined as any race in which nominations close more than 72 hours in advance of its running and for which subscribers contribute money towards its purse; or a race for which horses are invited by an Association to run for a guaranteed purse of $50,000 or more, without payment of stakes fees.

Track (see Racetrack).

Unauthorized Person is any person, including approved stable area guests or licensee who has not secured permission from a trainer or his representative for permission to enter their allotted stable area. Excluded are Woodbine Entertainment Group, Nordic Gaming and Commission employees, Commission Members and Horsemen’s Benevolent and Protective Association appointed representatives.

Urine Inspector means a person employed by the Canadian Pari-Mutuel Agency to perform duties set out in Part V of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada).

Walkover is a race in which only one horse starts and completes the course.

Weight for age is a race in which a fixed scale is used to assign the weight to be carried by individual horses according to age, sex, distance of the race, and season of the year.

Chapter 3: Racing Associations and Association Officials

Last Updated: 
2020-03-02

3.01  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 of racing on each race date 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;
  3. Operate a racetrack without payment of the monthly fee for regulatory funding;
  4. Cancel training track facilities unless weather or exceptional conditions apply once the training track opens for training until closing of the racing season.

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

3.02.01  A decision of the Registrar regarding approval or non-approval of race dates is not appealable to the HRAP.

3.03.01  The Commission and its designated representatives in the performance of their duties, shall, subject to the Horse Racing Licence Act, 2015, have the right of full and complete entry to all parts of the grounds and buildings of any Association, whether or not racing is being conducted by the Association at the time.

3.03.2  As a condition to its Race Track Operator’s Licence, an Association shall provide:

  1. A Stewards’ stand to be located and constructed so as to afford the Stewards with an unobstructed view of the entire racing strip and having adequate facilities acceptable to the Registrar for carrying out of their duties;
  2. Adequate security measures to ensure that unauthorized persons do not gain entrance to the Stewards’ room in the Stewards’ stand unless invited by the Stewards;
  3. Offices within the grounds of each race track for the use and at the disposal of the Commission’s designated representatives for the purposes of licensing and for the Stewards to carry out their pre-race and post-race duties. These facilities are to be acceptable to the Registrar and will be subject to inspection at any reasonable time.

3.04.01  The video tapes of any day’s races will be screened at the race track where racing is being conducted at a time and place arranged by the Stewards on the next day when racing occurs at that track.

3.04.02  All Commission licensees, members of the Press and members of the public may attend these screenings.

3.04.03  Only one public screening of any race shall be required to be made for Commission licensees, members of the Media or public. However, if the Horsemen’s Benevolent and Protective Association requests a special showing of the video tape of any race, such video tape will be screened for them at or about the time of the public screening of the video tapes of the previous day’s racing.

3.04.04  Deleted.

3.04.05  Associations or their delegate shall keep on file, race patrol film or video of each race for reference or reproduction upon request of the Commission for one year after the last racing day of the previous year.

3.04.06  Video tapes of the Video Patrol shall not be shown, given or sold to anyone without permission of the Registrar. Further clearance must be obtained from the Canadian Pari-Mutuel Agency before any video tapes of the Video Patrol are given or sold to anyone.

3.05  Deleted.

3.06  At the close of each meeting, each racing Association shall report to the Registrar the handle, paid attendance, total purses paid, provincial government revenue from wagering and Association revenue from wagering for each meeting.

3.07  Races shall be run by the Associations no longer than 30 minutes apart on week-days and no longer than 35 minutes apart on Saturdays, Sundays and holidays but in the event of emergency or special occasions, such times may be extended by the Stewards.

3.08  Racing shall be conducted only between the hours of 12 o’clock noon and 12 o’clock midnight Eastern Standard Time, unless otherwise specifically authorized by the Registrar.

3.09  When a racing Association is conducting racing, it shall reserve sufficient accommodation in its receiving barn for horses that are stabled elsewhere and the trainers of horses racing each day shall have their horses in the receiving barn two hours prior to post time for the first race of the race program in which it races.

3.10  When any horse which is not stabled on the Association grounds where racing is being conducted arrives on a track to race, the trainer or their attendant shall so inform the receiving barn attendant at least 2 hours prior to post time for the first race of the race program in which it races, and the receiving barn attendant shall inform the appropriate officials, including Commission Veterinarian or Official Veterinarian.

3.11  Before entering upon their duties, all Racing Officials of an Association shall be approved in writing by the Registrar.

3.12  All Racing Officials and employees of the Commission, or Associations, shall promptly report to Stewards all observed violations of the Rules.

3.13  No one shall enter the stabling area of an Association race track where horses are stabled unless he or she is a member, official, employee or licensee of the Commission, an employee of an Association or a person whom the Registrar or the Association has issued with documentary credentials attesting to his or her right to enter such stabling area. However, owners, trainers, authorized Racing Officials, Commission staff, jockeys, veterinarians and any licensee approved by the Stewards with proper documentary credentials may sign in guests, unless such guests are unacceptable to the Registrar or the Association.

3.14  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.

3.15  If track or weather conditions are questionable for racing of horses, including actual temperature as defined in 3.15.01, a meeting shall be convened among the Stewards, management, a representative of the Horsemen’s Benevolent and Protective Association (HBPA) and jockeys. If required, the Stewards shall conduct a secret ballot vote of the jockeys programmed to ride that day who are present, to determine if racing should be canceled. If the vote of the jockeys determines that more than 50% vote against racing, the card will be canceled. Notwithstanding the vote, the jockeys who cancel their mount will not be subject to any penalties. The foregoing does not prevent race track management from canceling the races due to track or weather conditions without consultation with the Stewards, HBPA or the jockeys.
In the event of a forecasted extreme temperature, the Extreme Temperature Standards at Rule 3.15.01 shall be applied.

Extreme Temperature Standard

3.15.01  In the event of a forecasted extreme temperature, the decision to cancel racing shall be made by an Association applying the Extreme Temperature Standard and Policy Directive 1-2009 Cancellation Fees.

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 of the Extreme Temperature Standard.

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 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.

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 vets, 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

3.16.01  Associations shall hold all monies from any source for purposes of purses in trust in one or more accounts designated as purse accounts for disbursement as set out in 3.16.04.

3.16.02  Associations shall deposit all monies received for purposes of purses into the purse account(s) which include:

  1. Deleted.
  2. From nomination, sustaining, starting or similar fees for added money events within 5 days of receipt;
  3. From pari-mutuel wagers (including the share of commissions on live, inter-track, export, simulcast and any other forms of betting authorized by permit by Canadian Pari-Mutuel Agency) within 10 business days of receipt or settlement;
  4. From any other source, including reimbursement of a purse that is required to be repaid, within 10 business days of receipt or settlement.

3.16.03  An Association may, where authorized in writing by the Registrar, deposit the monies received from the fees for added money events or from pari-mutuel wagers into another account designated for that purpose and hold the monies in that account subject to any terms imposed by the Registrar.

3.16.04  Any interest earned on the monies received from any source for purposes of purses less reasonable banking charges incurred and paid for with respect to the purse account(s) shall be deemed to be monies received for purposes of purses.

3.16.05  An Association shall disburse the monies from the purse account(s) only as follows:

  1. To pay purses in accordance with the Rules; or
  2. Deleted.
  3. To reimburse owners for races that are cancelled or races that are declared ‘no contest’ by the Registrar or his or her delegate; or
  4. For other purposes which are approved by the Registrar that are for the benefit of racing or will provide benefits to all or a sizeable proportion of horsepeople.

The Association, in a manner satisfactory to the Registrar, shall at the time of disbursement disclose or cause to be disclosed to owners, trainers and others who receive purse money, the purposes under (d) above and the amount of any monies disbursed for such purposes

3.16.06  The costs for the management and administration of the purse account(s) or such other account as the Registrar may permit in writing shall not be paid from monies that have been received for purposes of purses.

3.16.07  An Association shall manage and administer the purse account(s) or such other account as the Registrar may authorize in writing. The Association shall maintain the books and records related to the purse account(s) or such other account as the Registrar may authorize in accordance with generally accepted accounting principles or such other standards as may be approved by the Registrar for use by the Association.

3.16.08  An Association may retain the services of, or delegate responsibilities, that are permitted to be delegated under this Rule to a licensed Purse Account Manager provided that:

  1. There is an agreement between the Association and the Purse Account Manager which shall be provided to the Registrar upon request;
  2. Any payments for the performance of services under this agreement are paid directly by the Association from monies other than purse monies;
  3. The Purse Account Manager’s functions and activities are limited to clerical services related to the distribution of the purse monies;
  4. The Purse Account Manager shall be the agent of the Association in performing any services; and
  5. (The Association remains responsible for the payment of all purses.

3.16.09  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 one year of the end of the meeting, the Association may, with the permission of the Registrar, consider the monies as monies received for purposes of purses in the subsequent meeting.

3.16.10  The Association shall provide statements to any association of horsepeople or person with whom it has agreement for purposes of live racing or for purposes of the regulations under the Criminal Code (Canada) with respect to the issuance of a pari-mutuel betting permit setting out the monies received for purposes of purses, the source of those monies and the disbursements made of those monies and for what purposes. The statements shall be provided by the end of the month following.

3.16.11  Any responsibility regarding an approved disbursement of monies from the purse account(s) made by the Association ceases once the monies have been disbursed in accordance with Rule 3.16.04.

3.16.12  Within 60 days of the end of its fiscal year, the Association shall make available to the Registrar for examination, the annual statements of the purse account(s), and such other account that has been authorized by the Registrar. When completed, a copy of the report will be made available to the association of horsepeople. The cost of the examination and related expenses will be the responsibility of the Association.

3.16.13  Any Association, Purse Account Manager or person who contravenes the Rules with respect to purses may be subject to a monetary penalty and/or suspended by the Registrar.

3.17    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:

  1. Conducting search and seizure; or
  2. Collecting biological samples from horses.

Chapter 4: Licensing

Last Updated: 
2020-03-02

4.01.01  The Commission Agent shall issue licences to Racing Officials, pari-mutuel employees, stable employees and every person who practices his/her profession, trade or calling, on a racetrack provided such licences have been approved by the Registrar.

4.01.02  Deleted.

4.01.03  Deleted.

4.01.04  Every licence issued to any licensee by the Commission is issued on the condition that the licensee, their employees, and agents who may be concerned with racing, shall accept, observe and enforce the Rules.

4.01.05.1  Deleted.

4.01.05.2  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 Thoroughbred racing in any of its forms. In the case of a licensee who has become bankrupt, the Registrar may licence such participant to work for wages for another licensed participant. However, the bankrupt licensee may not carry on his or 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.

4.01.06  Deleted.

4.01.07  Upon any occupational licensee leaving the employment of an owner or trainer, it shall be the responsibility of that licensee to notify the Commission Agent accordingly. It shall also be the responsibility of the employer, be it owner or trainer, to notify the Commission of this change.

4.01.08  Deleted.

4.01.08.1  Each licensee

  1. Shall have in his or her possession a valid licence issued to the licensee whenever the licensee is:
    1. In the stable 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 of the Commission.

4.01.08.2  The Association shall ensure that no individual enters or is permitted to enter the stable 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” approved of by the Stewards which the guest is obliged to have in his or her possession while in the stable area of the Association and to produce to an authorized representative of the Association, a Racing Official or a representative of the Commission.

Any Association that fails to comply with this rule, after notice from the Registrar, shall be subject to a monetary penalty.

4.01.08.3  Any person who fails or refuses to produce upon request by an authorized representative of the Association, a Racing Official or a representative of the Commission his or her valid licence or a guest pass issued to him or her pursuant to Rule 4.01.08.2 shall be subject to a monetary penalty and/or suspension by the Stewards in the case of a licensee or to removal from the premises by the Association in the case of a guest.

4.02  The licence fees, paid to the Commission by people involved in racing, are established by the Board and approved by the Minister. An applicant for a licence will not be considered a renewal if their licence has been in a state of lapse for five racing seasons prior to the season of application. A Partnership which races under a stable name must fill out the Partnership form but is not required to pay the Partnership fee.

4.03  The monthly fee for regulatory funding, which is paid to the Commission by an Association, shall be set forth each fiscal year in the Registrar’s General Directive relating to Regulatory Funding.

4.04.01  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 the Stewards. A person under 10 years of age is only eligible for an owner’s licence, unless otherwise approved by the Stewards.

4.04.02  Notwithstanding Rule 4.04.1, no person under 18 years of age will be licensed by the Commission as an apprentice jockey, or jockey, save and except those apprentice jockeys and jockeys, under 18 years of age, who have previously been licensed by another Commission.

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

4.04.04  Applicants for groom or hot walker licences must be bona fide groom or hot walkers and must have their status confirmed by the trainer actively utilizing their services.

4.05 No person shall exercise horses until he/she has been granted a current licence valid for exercising horses.

4.06.01  Deleted.

4.06.02 Before being granted a jockey’s or apprentice jockey’s licence, each applicant shall present to the Stewards or Registrar the following:

  1. A medical certificate acceptable to the Registrar confirming that he or she is clear to ride in races.
  2. An eye examination by an ophthalmologist or an acceptable optometrist.

 The expense of these examinations shall be borne by the applicant. The Stewards at their discretion may grant temporary licensing without the completion of part (a) or (b) for a specific limited period.

4.06.03  Regardless of the term of licence, a jockey or apprentice jockey shall make available to the Stewards:

  1. On an annual basis, a medical certificate confirming that he or she is clear to ride in races.
  2. Every two years, an eye examination by an ophthalmologist or an acceptable optometrist.

4.07  The Stewards shall notify the Registrar of all jockey agents they have recommended for licences and shall keep the Registrar notified of all changes in the representation of jockeys or apprentice jockeys by an agent.

4.08.01  Deleted.

4.08.02  The Registrar will recognize for a non-resident, who is participating in racing in Ontario, valid licences from recognized racing jurisdictions or the National Racing Compact. In order to be recognized the licensee must be in good standing in all jurisdictions and file or have filed on his or her behalf a Commission 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 filed or have had filed on their behalf a reciprocal licensing form shall be deemed to be licensees of the Commission and subject to the Commission Rules and Registrar’s directives.

4.08.03  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.

4.09  The Registrar or the Stewards may at any time order a thorough physical examination of any jockey’s valet by a physician appointed by the Registrar.

4.10  The requirements of Rule 4.06.02 may be waived by the Stewards in the case of a jockey or apprentice jockey who on arrival in Ontario proposes to ride in Ontario for less than seven racing days and such jockey shall so certify to the Stewards before he/she is granted a licence.

4.11  The Registrar may demand the surrender of any occupational licence.

4.12  Deleted.

4.13  In order to be licensed as a veterinarian’s student assistant, the applicant must fulfil the following conditions:

  1. He or she shall have been enrolled and have completed at least one year at a veterinary college recognized by the Ontario Veterinary Association;
  2. He or she shall be in the employment of a veterinarian licensed by the Commission;
  3. He or she shall agree to and obey the regulations of the Ontario Veterinary Association in regard to student assistants.

4.14  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.

4.15  A person shall not participate in the affairs of an Association as Corporate Director, General Manager, Officer, 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, Trainer, Jockey, Apprentice Jockey, Jockey’s Agent, Jockey’s Valet, Trainer, Groom,  Authorized Agent, Tradesperson, or Veterinarian, or stable employee, nor shall anyone practice their profession, trade, occupation, calling including pari-mutuel employees unless such persons have applied for and have been issued a current Commission licence classified in the appropriate category. An Association may admit to its grounds the holder of the licence to enable the licensee to have access to the area where the licensee is obliged to perform their duties. A licence will not be required for the employee of a company, Partnership, or person with whom the Association has an agreement to supply goods or services on a frequent basis if permission to be exempt from licensing has been received from the Registrar.

4.15.01  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.

4.15.02  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 under the Criminal Code (Canada):

  1. A horsepeople’s organization licensed pursuant to Rule 4.15.01; 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.

4.16  Deleted.

4.17  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.

4.18  The Stewards, Starter, Placing Judges and the Timer are required to submit an eye examination once every two years for visual acuity and colour blindness, with the naked eye and/or corrective lenses, if required.

4.19  Any person accompanying a horse to the test barn must have a valid Commission licence on their person for identification. The designated representative of the horse being tested, must present their licence to the test inspector when signing the sample identification card.

Chapter 5: Colours

Last Updated: 
2018-11-30

5.01.01  All racing colours worn in races shall be registered annually, or for life, with the Commission at the current set fee.

5.01.02  The front and back of each jacket registered with the Commission must be identical in every particular in colour and pattern.

5.02  No horse shall race in any colours except those registered for its ownership, stable name, or any one of the partners.

5.03  A jockey shall wear the colours of the owner of the horse he/she is riding (except by special permission of the Stewards) and any change of colours shall be announced to the public.

5.04  Any disputes between claimants to the right of particular racing colours shall be decided by the Registrar.

5.05  The purchaser of lifetime colours shall have the right to use these colours throughout their lifetime and may be used by their estate as long as the horses run in the name of that estate. For a period of five years after the estate ceases to use the colours, they cannot be used without the approval of the estate. If lifetime colours are not renewed for a period of ten years, these colours will be eligible for approval for another owner only after all attempts to contact the previous owner have been exhausted.

Chapter 6: Entries and Subscriptions

Last Updated: 
2020-03-02

6.01  No horse shall be permitted to enter or start unless:

  1. It is duly registered with and approved by the registry office of The Jockey Club (Kentucky) and its registration certificate is filed with the Association by the time required for identification purposes, or qualifies under Rule 6.44.02. In the case of a horse which has previously run at a track in Ontario, the horse may be allowed to compete with the permission of the Stewards on a facsimile or photocopy of the foal certificate. The purse, if any shall be held until the original foal certificate has been filed with the Association at the discretion of the Stewards;
  2. Deleted.
  3. It is owned by a licensed owner and is in the care of and saddled by a licensed trainer or their licensed assistant; and
  4. At the time of entry, the horse must be eligible to the conditions of the race as specified by the Racing Secretary and must remain eligible until the race, with the exception of Rule 6.30; and
  5. The Stewards may waive any of the above conditions of this rule under exceptional circumstances.

6.02  Any horse that has raced in Ontario and is sold shall not be eligible to be entered for any racing in Ontario after such sale until, either a bill of sale for a change of ownership has been approved by the Stewards or a properly executed transfer has been made on the foal certificate. (Bill of Sale Forms may be obtained from the HBPA or the Commission Offices at the racetrack). All bills of sale must include a statement of the terms of sale including any encumbrances, contingencies, conditions or any restriction to a clear title. The Stewards may waive this rule under exceptional circumstances.

6.03  If a horse’s name is changed, its new name shall be registered with The Jockey Club (Kentucky) and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names must be printed in the official program for those three races.

6.04  When entered for the first time at a meeting, a horse shall be identified by stating its name, colour, sex and age, and the name of its sire or sires and dam as registered. This description of the horse shall be repeated at each entry until the horse’s name and description has been published in the Association’s program or daily racing form. In every race thereafter sufficient description shall be deemed to have been provided if the name, colour, sex and age of the horse is furnished.

6.05  The distance of the race or the track, whether dirt or turf, may be changed by the Association.

6.06  No horse owned by a Partnership shall be permitted to enter or to start until the rules for the registration of Partnerships have been complied with (see Chapter 32).

6.07  The nominator is liable for the entry fees or nomination fees, and a mistake in the entry of a horse when eligible does not release the subscriber or transferee from liability for entry fees or nomination fees for stakes.

6.08  Entry fees will not be refunded on the death of a horse, nor its failure to start.

6.08.01  Horses on the also eligible list wishing to scratch from a race card that allows horses to draw into the body on a race day, may be excused by the Stewards, if at such time there is no guarantee to advance into the race. If scratched under these conditions, the horse would retain its entry and run date.

6.09.01  The personal representative of a deceased owner shall be deemed to hold an owner’s licence in respect of horses belonging to the estate of the deceased until the Registrar declares that such deemed licence is no longer in effect.

6.09.02  In the event of the death of a licensed owner, the authority of any Authorized Agent for the deceased shall become void until further notification in writing by the executors or the administrators of the licensee’s estate; that the Authorized Agent is entitled to act for that estate under whatever clauses they so indicate.

6.10.01 Entries and scratches shall be made in writing and signed by the trainer who at the time of entry has been charged with the care and custody of the horse in question, or by the owner of the horse, or if this information is provided by phone, the Association shall keep a record of the conversation. Each Association shall provide forms on which entries and scratches are to be made.

6.10.02  For all races, the racing secretary or designated personnel are the only persons authorized to received entries and scratches.

6.10.03  Notwithstanding Rule 6.10.01 entries may be submitted by telephone, or facsimile, and the Association may insist on confirmation in writing and postmarked and may refuse an entry if the confirmation is not forthcoming.

6.10.04  Entries shall be made in the name of the owner listed on the foal certificate. In the case of a leased horse, entries shall be made in the name of the lessee when a copy of the lease is attached to the foal certificate.

6.11.01.1  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.

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

6.11.01.3  During such an enquiry the Stewards 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 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;
  2. That the transferee contracts independently of the other with any tradespeople and with any other entity with the Association at which he or she is racing;
  3. That the transferee maintains a wholly and independent financial interest from the transferor;
  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 Thoroughbred 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 Thoroughbred horses.

6.11.01.4  In the event a nomination or entry is made by or for an ineligible 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.

6.11.02  Any entry received from an unlicensed person or a person whose licence is under suspension or of an ineligible horse, shall be void and any money paid for such entry shall not be refunded and shall be added to the purse.

6.11.03  No horse shall be allowed to start in any race if the owner does not maintain a credit balance in his or her horseperson’s account satisfactory to the Association.

6.11.04  No person shall wilfully enter, or cause to be entered, or start a horse which he/she knows or believes to be ineligible or disqualified.

6.12  In the case of sweepstakes, the closing of nominations, entries, interim payments and declarations shall be in accordance with the conditions published by the Association sponsoring the event.

6.13  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;
  2. Races in which there are fees required to nominate or enter; or
  3. All overnight races. In these races a trainer may not enter more than two horses. The second entry may not exclude a single entry, or be allowed if there are less than five entries received prior to the entry of the trainer’s second horse. The Association reserves the right to require six or more betting interests in any overnight race from a minimum of five trainers and owners.

6.13.01.1  Deleted.

6.13.01.2  No owner or trainer shall directly or indirectly enter more than two horses in an Overnight Race. With the exception of stakes races, no two horses shall start if they have common ownership to the exclusion of a single entry.

6.13.01.3  Deleted.

6.14.01  Deleted.

6.14.02  Deleted.

6.14.03  Deleted.

6.14.04  Deleted.

6.15  The number of starters in any race shall be limited by the width of the track at the starting post, the maximum number to be determined by the Stewards.

6.16  When entries exceed the permitted number of starters, the number of starters shall be reduced to the maximum permitted number of starters by lot, starters shall be reduced to the maximum number of starters by applying normal racing preferences, and if equal, by lot, or also by lot by division of the race, at the option of the Association. Overnight handicaps, sweepstakes, and starter handicaps that overfill and handicap races which split are exempted from this rule.

6.17  Each day after the entries have been closed, it shall be the duty of the racing secretary to designate persons from owners or trainers present in the entry office to draw the entry sheets and over-see the drawing of the post position numbers. In every case, the entry shall be drawn from its approved receptacle before the number ball is released from the number box. All horses listed on the overnight as “also eligible” will have a draw to determine the outside post positions in the same manner as the permitted number of starters at the time of the original draw.

6.18.01  In all stakes and handicaps which are run in more than one division, any entries consisting of two horses will first be divided into separate divisions. Any entries involving three or more horses shall be divided between or among the divisions, however when the number of horses constituting a single entry exceeds the number of divisions, the entry shall be divided to the extent possible among the divisions and the remaining horse or horses in the entry shall then be drawn with the remainder of the horses entered.

6.18.02  In all Overnight Races that are run in more than one division the method of drawing such races shall be governed by the Association rule which has been approved by the Registrar.

6.19.01  The Association shall have the right to withdraw or change any race prior to the drawing of entries.

6.19.02  If a race is declared off because of insufficient entries, the Association may split any race prior to the drawing of entries.

6.20  The racing secretary shall keep a list of all horses with valid dates. This information shall determine preference at the time of the draw using the following system:

  1. Preference dates will not supersede conditions of races;
  2. Entry and run dates are valid for the entire season;
  3. Preference is in order of dates with the oldest date having first preference. In cases where entry and run dates are the same, entry dates will have preference. Both same and different owner entries will not be preferred over the Preference Date System. Claims, transfers or sales have no effect on Preference Dates;
  4. Entry dates are valid and generic, until a turf, dirt or Ontario Sired dates are established. (Run dates will be separated between turf, dirt and Ontario Sired, with one not affecting the other);
  5. Any horse which has its foal certificate on file prior to the first day of entries will receive an entry date corresponding to the date of the first draw. Any foal certificate filed after this date will receive an entry date corresponding to the date the certificate is turned into the Race Office;
  6. All trainers must claim Preference Dates and Preference Status at time of entry;
  7. Horses entering which have no date established but not getting into a race will receive an entry date corresponding to the actual date on which the entry was taken;
  8. Horses which have established dates at the current meeting will lose that preference date should their papers be withdrawn from the Race Office or the horse races elsewhere;
  9. Horses which race will receive a run date (either turf or dirt depending on the surface of the race);
  10. Horse with dates established, which re-enter but do not draw into a race will maintain the date previously established;
  11. Horses, which scratch, may lose their date for the surface on which the race is actually run;
  12. The Stewards, at their discretion, when presented with an extenuating circumstance, may allow a horse to be scratched from a race without losing its entry or running date (e.g. no jockey available to ride horse, distance or gender changes);
  13. Any horse that leaves the paddock with riders up, and is subsequently scratched prior to the race, will maintain its original entry or run date under all conditions (i.e. Horse running off, veterinarian scratch at the gate, if a horse is determined a non-starter by malfunction of the gate, etc.);
  14. Any horse that competes in a race and subsequently gets placed on any list (Steward, Starter or veterinary) will maintain its run date;
  15. In any case of discrepancy, the Steward’s ruling is final.

6.21  The scratch of a horse out of an engagement is irrevocable. However, an exception may be made for any horse that is scratched as a result of an error by any Association or Commission Official:

  1. After securing the Stewards’ permission, such horse may be returned to the race in the horse’s original position until the time the mutuels open for the race;
  2. If the horse scratched in error cannot be placed back in the mutuel system, the Stewards may grant permission for the horse to race for the purse only. The Stewards will ensure the race announcer advises the public that the horse is racing for purse only.

6.22  Any horse that is in the entries may be re-entered only after it has been officially scratched or the race in question has been run, except in the situation when entries are taken more than 72 hours in advance, when permission has been granted by the Stewards for a horse to be re-entered. Entry in a combination of stakes races shall be excluded from this rule.

6.23  A claim or error of preference date may, if valid, be corrected by the Stewards up until scratch time (where applicable) or before the mutuels open for the race in question.

6.24  No person shall make or receive the transfer of a horse for the purpose of avoiding disqualification.

6.25  A licensed person is entitled to enter a horse in which he/she owns a majority share or an interest equivalent to that of the largest shareholder/s.

6.26  A horse shall not be entered in more than one Overnight Race in any one day. However, when a horse has been officially declared ineligible and scratched by the Stewards it may be re-entered in another race on the same program until the entries close.

6.27  Deleted.

6.28  A licensee shall be responsible for the eligibility of horses entered by him/her.

6.29  A horse shall not be eligible to start in any race unless it has been, and continues to be, properly entered therein. A horse which is improperly entered shall not be entitled to any part of the purse, but once the “Official” sign is posted, this rule shall in no way affect the wagering on the race.

6.30.01  A horse, other than a first time Starter, shall not be eligible to race unless it has started in a race or completed a timed workout at a minimum distance of three-eighths (3/8) mile. A horse racing less than 4 furlongs will require a quarter mile (¼) workout. These workouts must be satisfactory to the Stewards and within thirty (30) clear days of the day of the race for which it is entered. The Stewards shall determine the qualifying times for all distances, surfaces and conditions. The rule may be waived for stake races at the discretion of the Stewards.

6.30.02  A timed workout must be published in the official program for any horse which shows no race or timed workout within the last thirty (30) days in the racing form. This rule may be waived for Stakes races at the discretion of the Stewards.

6.30.03  The following maximum workout times apply in Ontario:
2 Furlongs        26.0
3 Furlongs        40.4
4 Furlongs        52.3
5 Furlongs        1:05.0
6 Furlongs        1:19.0
7 Furlongs        1:32.0
1 Mile        1:47.0

6.31  The nominations and entries of any person, or transfer of any nomination or entry, may be refused by the Race Secretary without either notice or reason being given.

6.32  The official order of finish shall reflect the Stewards’ decision in all cases until all procedures and remedies are exhausted. The eligibility of horses to conditions of races will be in accordance with the Stewards’ decision as shown on the official order of finish 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 contested prior to the appeal decision by virtue of the appeal process.

6.33  Any horse that refuses to break in two races within any twelve month period shall be denied entry during the balance of the season of its second refusal. This horse will be ineligible to enter after that racing season without permission from the Stewards.

6.34  Deleted.

6.35  All first life-time Starters must have at least two (2) published workouts at a minimum distance of 3/8 mile in the current year and at least one (1) of these workouts must be from the starting gate within 45 clear days of the day of entry. Where the proposed race is at a distance of 4 furlongs or less the required established workouts may be at a minimum distance of two (2) furlongs.

6.36  Deleted.

6.37  Purses earned outside of North America will be calculated in U.S. dollars, based on the current rate of exchange at the time of entry for a race. Winnings in U.S. dollars will be deemed to be at par with Canadian funds.

6.38  Every entry submitted is subject to eligibility checks by the racing department. Any entry failing the eligibility check may be removed before the draw takes place.

6.39  The drawing of post positions shall be final, except when there is conclusive evidence that a horse was properly entered but omitted from any category due to error or negligence by an official or employee of the Association. When such information is made known and verified or if the draw has been mechanically incorrect the following procedures shall be followed:

  1. If this information is made known and verified before the draw for that racing card is completed the race shall be redrawn;
  2. If the information is made known after the Racing Secretary or Assistant Racing Secretary has declared the draw of that racing card complete and the horse omitted by error was entered to an overnight event, it may be added to the race and given the outside post position, providing its addition does not exceed the maximum number of starters allowed in a single field. Otherwise, such horse shall be placed on the also eligible list. If the also eligible list is full, the horse shall be placed on the preferred list for future entry. If the horse omitted by error was entered to a stake, futurity, early closing event or late closing event, it shall be added to the race and given the outside post position. In such case, if its addition exceeds the maximum number of starters allowed in a single field the event shall be divided. In this event, the starters in each division and their post positions will be redrawn by lot or by the specific method used for this classification of race;
  3. If an Association locates a lost entry and there is no opportunity to re-draw the race, and the number of starters does not exceed the maximum number that may participate for the distance under the Rules, then the horse races for purse only.

6.40  When any authorized licensee claims the incorrect weight at the time of entry, such weight may be corrected until scratch time for the racing card for which the entry was made, with the exception that no change may be made if it necessitates a rider change. The Stewards may take action against a licensee should this rule be invoked more than once during a racing season. For tracks without a scratch time, the correction must be requested before the program has gone to press or at the discretion of the Stewards.

6.41  Any horse wearing #3 shoes must be declared at the time of entry and this information will be carried on the program. Any changes subsequent to the time of entry must be approved by the Stewards.

6.42  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.

6.42.01  Deleted.

6.43  Deleted.

6.44.01  Except as provided by Rule 6.44.02 no horse shall be permitted to enter unless it has been fully identified using an industry acceptable method, as approved by the Registrar.

6.44.02  Notwithstanding the provisions of rule 6.01(a) and 6.44.01 a horse from outside Ontario, upon application to the Stewards and upon their being satisfied that the horse is fully and properly identified may start in Ontario without having been registered with The Jockey Club (Kentucky). Horses racing on documentation that is not papers issued by The Jockey Club will not be allowed to enter or start in a claiming race.

6.45 An Association shall provide suitable equipment, including back up equipment, capable of accurately identifying racehorses.

Chapter 7: Declarations and Scratches

Last Updated: 
2020-03-02

7.01  No horse shall be considered scratched or declared out of an engagement until the owner or their trainer has given notice to the racing secretary before the time stipulated by the regulations of the Association.

7.02.01  A scratch from a stakes race shall be made no less than 45 minutes before post time of the race.

7.02.02  Any horse entered in two stake races on the same race program must be declared from one of the stake races no later than one hour prior to the opening of pari-mutuel wagering.

7.03  An entry of a horse in a sweepstakes is a subscription to the sweepstakes. A nomination of a horse to a sweepstakes may be altered or withdrawn at any time prior to the closing time for such nominations.

7.04  The Stewards shall have the authority to order a horse scratched if they shall determine that any occurrence before the running of such race calls for such action by them.

7.05  Deleted.

7.06  Deleted.

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

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

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

 

Chapter 8: Weights

Last Updated: 
2020-03-02

See also Chapter 30: Apprentice Jockeys

8.01  Deleted.

8.02  The owner or trainer shall claim all weight allowances at the time of entry and the claimant shall be held responsible should a horse be started carrying an incorrect weight. If as a result of carrying too little weight a horse is disqualified, the owner or trainer claiming such weight shall be held responsible.

8.03  Subject to Rules 8.05.01 and 8.05.02, if a horse fails to carry at least his correct weight over the entire distance of the race, such horse shall be disqualified.

8.04.01  A jockey shall declare his/her overweight to the Clerk of the Scales at a time fixed by the Clerk of the Scales, and the clerk shall have the overweight posted immediately on the notice board. Failure on the part of any jockey to comply with this rule shall be reported to the Stewards.

8.04.02  Five pounds is the limit of the overweight any horse is allowed to carry but an allowance may be waived with permission of the Stewards to comply with this rule. (See Rule 8.10). However, an owner or his/her representative may, in the absence of sufficient allowances, request an overweight in excess of 5 pounds. The Stewards may grant such request if they believe it is in the best interest of racing.

8.05.01  Each jockey shall weigh in at the same weight as he/she weighed out, except that a tolerance not to exceed two pounds underweight is allowed. If short by more than two pounds his/her mount shall be disqualified.

8.05.02  Should a jockey’s weight exceed three (3) pounds overweight (excluding safety helmet and vest) when weighing in, after a race, he/she shall be subject to disciplinary action, unless such weight has been affected by the elements.

8.05.03  No jockey shall, before weighing in, willfully touch any person or thing, other than the equipment that is to be included in their weight.

8.05.04  After unsaddling, a jockey shall pass their equipment to the valet who will carry it to the scales at which time the valet will give it to the jockey to weigh in. After weighing in the equipment may be handed back to their valet.

8.05.05  The Stewards shall display the official sign on the infield board immediately after notification from the claim of foul person is received, provided that none of the following has occurred:

  1. The Stewards have posted the inquiry sign;
  2. A jockey has claimed a foul;
  3. The Stewards have received an objection from an owner or trainer by phone.

If any or all of the above have occurred the Stewards shall delay posting the official sign until all jockeys capable of weighing out have done so and any or all the above have been resolved by the Stewards.

8.06  A jockey’s weight shall include their clothing, boots, saddlecloth, saddle-pad, lead, pommel pad, overgirth and the saddle and its attachments. None of the following items shall be included in a jockey’s weight: whip, head number, number cloth, cap, blinkers, safety helmet and safety vests.

8.07  Except in handicaps and races where the conditions expressly state to the contrary, fillies two years old shall be allowed three pounds; fillies and mares three years old or over shall be allowed five pounds before September 1 in any year, and three pounds thereafter.

8.08  Horses penalized in a race shall not be entitled to subsequent weight allowance lines in that race. Any sex, Canadian-bred and/or apprentice allowance may still be claimed.

8.09  Horses not entitled to the first allowance in a race shall not be entitled to any subsequent allowance.

8.10  Allowances, with the exception of the sex allowance, are optional as to all or any part of them and shall be claimed at the time of entry, but even though so claimed remain optional; penalties, however, are obligatory.

8.11  A claim for an allowance less than a horse is entitled to will not disqualify a horse unless persisted in at the weighing out.

8.012  Only the first five finishers shall weigh in upon completion of a race, unless the Stewards direct otherwise.

8.13  No horse shall be penalized, nor shall it be barred from any race, for having placed second or lower in any race.

8.014  Penalties and allowances are not cumulative, unless so declared by the conditions of a race.

8.15  No two-year-old shall compete in an all-age race before September 1 in any year.

8.16.01  In races of shorter lengths than one-half mile, the weights for one-half mile shall be carried.

8.16.02  In races of intermediate lengths, the weights for the next shortest distance shall be carried.

8.16.03  All jockeys riding in stake races that have scale weights shall include the weight of the safety vest in their weight.

8.16.04  Deleted.

8.16.05  The minimum weight shall be 105 pounds in any race.

8.16.06  No allowance shall be made for geldings in any race.

Chapter 9: Jockeys

Last Updated: 
2020-05-12

See also Chapter 30: Apprentice Jockeys

9.01  Every horse shall be ridden out in a race unless it has been injured or is obviously suffering from some physical impairment, and any instructions or advice to jockeys to ride or handle their mounts otherwise than for the purpose of winning are forbidden and will subject all persons giving or following such instructions or advice to disciplinary action by the Stewards. Every rider must persevere throughout the race in order to finish as nearly as possible to first position and must demonstrate the best and fastest race of which their mount is capable.

9.02  Every jockey who is engaged to ride in a race shall report to the scale room on the day of the race at the time required by the officials. He/she shall then report their engagements and overweight, if any, to the Clerk of the Scales.

9.03  Every jockey shall not thereafter leave the jockey room (except to view the races from a point approved by the Stewards, or to ride in a race), until all their engagements of the day have been fulfilled.

9.04.01  The Clerk of Scales/Custodian shall see to it that no person other than the members of the Commission, authorized Racing Officials, or the Stewards and the necessary jockey’s room attendants, is admitted to the jockeys’ room on a day of racing without the express permission of the Stewards for each time of entry.

9.04.02  The jockeys’ room custodian shall oversee the care and storage of all racing colours until the end of a meeting.

9.04.03  It shall be the duty of the jockeys’ room custodian to see to it that order, decorum and cleanliness are maintained in the jockey and scale rooms.

9.04.04  The jockeys’ room custodian shall report to the Stewards any irregularities or violation of the Rules that occur within their knowledge.

9.05.01  All riders shall be dressed in clean jockey costume, cap and jacket of silk, satin or waterproof material and stock tie, white or light breeches and top boots. In all races, Jockeys shall wear safety helmets and safety vests as prescribed in Rule 14.02.02. The licensee is responsible for ensuring that his/her helmet and safety vest meets the safety standards.

9.05.02  The custodian shall see to it that jockeys are neat in appearance and are attired according to the Rules when they leave the jockey room to ride in a race.

9.06  The minimum riding fees paid to jockeys shall be as agreed by the Jockeys’ Benefit Association and the HBPA. A copy of this Agreement must be filed with the Commission.

9.07.01  A jockey’s fee shall be considered earned when the Paddock Judge calls “riders up” for the particular race unless the rider fails to fulfil his riding engagements due to their having voluntary refused to provide their services. The jockey’s fee shall not include any jockey’s duplicate purse percentage if the initial rider must be replaced between the call for “riders up” and the official start.

9.07.02  In a dead heat where fees are computed on a percentage basis they shall be computed on the adjusted purse.
If fees are on a set scale for the positions involved they shall be equally divided between the jockeys involved.

9.08  The Association may require owners to deposit in advance a sum sufficient to cover jockeys’ fees incurred.

9.09.01  The jockeys’ room custodian shall oversee the jockey valets and arrange their rotation among jockeys in the matter of weighing out.

9.09.02  Only jockeys’ valets shall be permitted to assist jockeys in weighing out.

9.09.03  No jockey shall have a valet other than one provided by the Racing Association. Such valets shall be paid by the jockeys and the Racing Association.

9.10.01  No jockey shall make a bet on any race nor accept a promise or token of any bet, with respect to the race in which he/she is riding, except through or from the owner or trainer of the horse he/she rides, and then only on that horse. (See also Rule 15.18.)

9.10.02  No person shall make a bet for the account of any jockey except the owner or trainer of the horse the jockey is riding, and then only on that horse.

9.10.03  No person shall offer or give a jockey any money or other benefit in relation to a race, unless that person is the owner or trainer of the horse ridden in that race by that jockey.

9.10.04  No outrider or jockey’s valet shall make a bet on any race nor shall he/she place a bet for anyone else on a day in which they are performing their duties.

9.11.01  After a race has been run and after a jockey has pulled up the horse he/she has ridden, he/she shall ride to a place designated by the Stewards. The valet shall unsaddle the horse and present the jockey’s tack to the clerk or assistant Clerk of the Scales to be weighed in.

9.11.02  If a jockey is prevented from riding their mount to the Stewards’ stand because of an accident to, or illness of, either him/herself or their horse, he/she may walk or be carried to the scales, or he/she may be excused by the Stewards from weighing in.

9.12  All jockeys shall faithfully fulfill all riding engagements in respect to racing. In the event a rider books off their engagements during the course of the program due to illness or injury, the rider may be required to provide a medical certificate acceptable to the Stewards confirming that he or she is clear to ride prior to resuming their duties.

9.13.01  Should any jockey leave Ontario or fail to honour their riding engagements, their jockey agent shall promptly notify the Stewards accordingly.

9.14.01  The suspension of a jockey for a violation shall begin on the day specified by the Stewards or the Registrar in the Ruling.

9.14.02  Where the penalty is for a riding infraction and does not exceed in time a period of five calendar or racing days, the jockey shall complete his or her riding engagements of all horses declared in before the penalty becomes effective. Thereafter a jockey may only ride in stakes races during a suspension of five calendar or racing days or less but the suspension will be extended by one day for each date on which he or she rides in such races.

9.14.03  A jockey temporarily suspended may be permitted to exercise or gallop horses during the morning hours and to have access to the stabling area unless otherwise stated in the suspension ruling.

9.15.01

  1. A jockey or an apprentice jockey shall not be an owner or trainer of any thoroughbred race horse;
  2. If a jockey or an apprentice jockey is entered into a race against a horse owned or trained by his spouse, mother, father, brother or sister, he or she shall provide reasonable notice of this to the Stewards.

9.15.02  Deleted.

9.16  The substitution of a jockey to ride any horse in a race may be made only with the approval of the Stewards.

9.17  No person except the jockey concerned shall assume or pay, directly or indirectly, a penalty imposed upon a jockey.

9.18  Each Association’s designated medical attendant may examine any jockey as they report for duty each day and in the event that he/she is of the opinion that any jockey is unfit to ride, he/she shall so inform the Stewards, who shall excuse such jockey from all riding engagements made by him/her for that day and they may, in addition, take such disciplinary action as they may deem fit against such jockey.

9.19  The Registrar or the Stewards may, at any time, order a thorough physical examination of any jockey by a physician appointed by the Registrar and the cost of the said examination shall be borne by the Commission.

9.20  Where a jockey’s name appears on a program, at least one of their first or middle names (or a diminutive of it, for instance, “Ted” for “Theodore”) shall appear before their last name.

9.21  Every owner or trainer shall, upon making an entry, include the name of the jockey who is to ride their horse and from whom he/ she has a firm commitment for a first or second call. If no rider (jockey or apprentice) has been named by the time of the entries, the Stewards shall name a rider (jockey or apprentice) to ride the horse and take whatever action they deem necessary under Rule 16.13. If for any reason a rider is unable to fulfil their riding engagement, the Stewards or their appointed representative shall attempt to contact the trainer and/or owner of the horse in question and if they are unsuccessful they shall name a rider, who is willing to ride the horse in question.

9.22  Deleted.

9.23  Any change of a jockey shall be approved by the Stewards and promptly and publicly posted and announced.

9.24  Should any jockey show insufficient skill and/or ability so as to give the Stewards concern for the safety of other horses or riders or such evidence of insufficient skills or ability that will adversely affect the best interests of the public, the Stewards may take whatever action they feel is necessary to correct the situation This shall include, but not be limited to, placing conditions on the jockey’s licence or suspending the rider’s licence.

9.25  Any jockey or apprentice jockey who, in the opinion of the Stewards, rides in an unsafe manner without due cause, may be subject to a penalty at the discretion of the Stewards.

9.26  Jockeys are excused from weighing in after a race provided their mount has not received any portion of the purse, unless directed otherwise by the Stewards.

9.27.01  In any race where a jockey will be riding without a riding crop, the Association is responsible for making an announcement over the public address system and in the program.

9.27.02  Riding crops shall meet the following specifications and/or requirements:

  1. Be a humane or cushion riding crop, unaltered from original manufacture;
  2. Be no more than 30 inches in length;
  3. Have affixed to the end a padded “popper” which is no shorter than 6.5 inches in length and not less than 7/8 of an inch in width. The popper shall consist of two layers sewn down each side with no sewing at the top ½ inch of the popper;
  4. Have a popper with an outer covering consisting of a material approved by the stewards that does not harden over time. Material such as Vinyl, Naugahyde, or Leather will not be allowed;
  5. Have a popper with an inner layer consisting of memory foam or closed cell foam .15 -.25 of an inch in thickness, folded over and sewn down each side, with the outer covering to form a hollow channel;
  6. Be subject to inspection and approval by the Stewards.

Use of a riding crop in a race where the type of riding crop has not been approved by the Stewards or does not meet the requirements of the rule will lead to disqualification of the horse

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

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

9.27.05  At any time while on the grounds of an Association, it is a violation for a jockey, or rider, or the person in control of the horse, to engage in any of the following actions with respect to their riding 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.

9.27.06  The riding crop shall not be used on a horse in a race where the horse:

  1. Is not visibly responding; or
  2. Is not in contention for a meaningful position.

9.27.07  At any time while on the grounds of an Association, it is a violation for a jockey, or rider, or the person in control of the horse, to use the riding crop to hit or make contact with the horse as follows:

  1. To raise their hand(s) above their shoulder;
  2. To hit another horse;
  3. To cut or severely welt a horse;
  4. To hit the horse overhanded; or
  5. To hit the horse with the crop in the cocked position.

9.27.08  Violation of any of the provisions in Rule to 9.27.07 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 Thoroughbred Directive 1 - 2020 Revision to Urging Provisions, which also provides principles which serve as a guide for interpretation. The Directive may be modified from time to time by the Registrar.

9.28  Jockeys shall not wear spurs.

Chapter 10: Engagement of Riders, Employees and Jockeys’ Agents

Last Updated: 
2018-11-30

10.01  Each jockey shall have only one agent. All engagements to ride made prior to the drawing of entries for that specific race, other than those for his/her contract employer, shall be made by their agent. However, a jockey not represented by an agent may make their own engagements. In an emergency, an owner or trainer, when directed by the Stewards, shall book the services of a jockey by negotiating with him/her personally.

10.02  It is the responsibility of the jockey’s agent to be present at the time of drawing of any program in which any of their jockeys have engagements to ride. If, in the event of mitigating circumstances, the agent is unable to be present, he/she must be represented by another licensed individual authorized by the agent to act on their behalf.

10.03  No jockeys’ agent shall act at the same time for more than two jockeys and one apprentice jockey.

10.04  No jockeys’ agent shall make or assist in making any engagement for any rider other than those he/she represents.

10.05  Jockey agents shall not be allowed in the saddling area, the paddock or winners’ circle without the permission of the Stewards.

10.06  Jockey agents shall not communicate in any way with any jockey from the time the jockey leaves the jockey room before a race until the jockey has returned to the jockey room after the race.

10.07  Before a jockey agent’s application for a licence is approved by the Registrar such jockey agent shall file with the Stewards a complete list of the jockeys for whom he/she acts as a jockey agent.

10.08  Should any jockey agent cease to be an agent for any jockey, such jockey agent shall promptly notify the Stewards accordingly.

10.09  Should any jockey wish to change his/her jockey agent, he/she shall promptly notify the Stewards accordingly.

10.10  Should any jockey agent cease to be an agent for their last jockey, he/she shall within seven days after ceasing to be an agent for any jockey, either become an agent for another jockey or deliver their licence to the Stewards for delivery to the Registrar.

10.11  No applicant for a jockey agent’s licence shall be eligible for licensing unless their past experience in thoroughbred racing is acceptable to the board of Stewards or Registrar, or the applicant has successfully completed an examination held by the board of Stewards.

10.12  No horse owned by a jockey’s agent or their spouse shall race in any race where another horse is ridden by a jockey whose book is held by that agent or their spouse.

10.13  An agent, or a jockey acting on his/her behalf, may accept engagements to ride at more than one track in the Province of Ontario for any given race date.

Chapter 11: From Paddock To Finish

Last Updated: 
2018-11-30

See also Chapter 17: The Starter

11.01  A trainer shall have their horse in the paddock at the time appointed. The trainer or their assistant trainer shall also attend the horse in the paddock, and be present to supervise its saddling, unless he/she has obtained permission of a Steward to send another trainer as a substitute.

11.02.01  The Stewards may permit a horse to be excused from parading with the other horses and be led to the post, but such horse shall nevertheless pass the Stewards’ stand on its way to the post.

11.02.02  Lead ponies and their riders shall be permitted to enter the saddling paddock or walking ring only with the permission of the Stewards.

11.03  After the horses enter the racing strip, no jockey shall dismount and no horse shall be entitled to the care of an attendant without consent of the Stewards or the Starter and the horse must be free of all hands other than those of the jockey or Assistant Starter before the Starter releases the doors of the gate.

11.04  In case of accident to a jockey or to their mount or equipment, the Stewards or the Starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended during the delay.

11.05.01  If a jockey is so injured on the way to the post as to require another jockey, the horse may be taken to the paddock, another jockey obtained, and then ridden over any uncompleted portion of the exact route of the parade to the starting point. Provided the horse has carried the jockey throughout the route of the post parade, the Starter may, if necessary, load the horse with the rider dismounted.

11.05.02  Deleted.

11.05.03  If a horse leaves the course while moving from paddock to post, it shall be returned to the course at the nearest practical point to that at which it left the course, and its jockey shall complete his/her parade to the post from the point at which it left the course.

11.05.04  In case of a pre-start accident to a rider, horse or equipment, the Starter may delay the race for such reasonable time as the Stewards determine.

11.06  In case the start of the horses at the post is delayed, the Starter may permit jockeys to dismount and their mounts to be attended.

11.07  When clear, a horse may be taken to any part of the track, but if the horse swerves or is ridden to either side so as to interfere with, intimidate or impede any other horse, such horse may be disqualified.

11.08  If in a race a horse leaves the course, it shall be disqualified.

11.09.01  If a horse or jockey bothers another horse or jockey, the aggressor may be disqualified provided that the bothered horse or jockey or an additional horse or any jockey(s) was/were not a major contributor to the incident.

11.09.02  During a race no jockey shall cause interference deliberately or inadvertently by striking or touching another jockey’s horse or equipment.

11.09.03  For fouling, interference, or careless riding a rider may be subject to a monetary penalty or suspended, or both, by the Stewards according to the nature and seriousness of the violation.

11.09.04  Deleted.

11.09.05  Any jockey against whom a foul is claimed shall be given the opportunity to appear before the Stewards at the reviewing of the video replays of the race in question, or at any other time agreeable to the Stewards, before any penalty is imposed by them.

11.10  Protests under any Rule in this Chapter shall be made only by the owner, trainer, jockey or their representatives of the horse alleged to be aggrieved, and shall be made to the Stewards or the Clerk of the Scales before or immediately after weighing in. But nothing in this Chapter shall prevent the Stewards from taking such action as they may see fit in accordance with the Rules.

11.11  A Jockey shall lodge an objection when fouled during the running of a race and failure to do so may result in a penalty.

11.12  Stewards are vested with sole authority to determine the disqualification of a horse or entry. Their decision shall be final for pari-mutuel purposes.

11.13  No person shall assist a jockey in removing from his/her horse the equipment that is to be included in the jockey’s weight except an Association valet, except by permission of the Stewards.

11.14  In determining the extent of disqualification of a horse in any race, the Stewards may place the disqualified horse behind such horse as in their judgment the disqualified horse interfered with, or they may place it last.

11.15  Deleted.

11.16  A horse is a starter for all purposes of the Rules when the stall doors of the starting gate open in front of it at the time the Starter dispatches the horses in a valid start.

11.17.01  Deleted.

11.17.02  Deleted.

11.18  Deleted.

11.19  Permission shall be obtained from a Steward to exercise a horse between races.

11.20  In a race, each horse shall carry a conspicuous saddlecloth number and each jockey shall wear the appropriate armband number, corresponding to its number on the official program.

11.21  The elapsed time of the post parade, starting when the first horse to race enters the racing strip from the paddock and ending when the first horse enters the starting gate, shall be determined by the Stewards.

11.22  If there is only one starter in a race, it shall be ridden past the Stewards’ stand, go to the post, move over the course and then be deemed the winner.

11.23  In case of a walkover, the owner of the horse or horses walking over shall receive the earned share or shares of the purse money.

11.24  At their discretion, the Stewards may dispense with a walkover.

11.25  The owners of the horses in a dead heat shall divide equally the purse money involved.

11.26  In a dead heat, each horse shall be considered a winner of the amount received according to the preceding rule.

11.27  When two or more horses finish in a dead heat and a protest is made and allowed against a horse having finished in front of the dead heat, the horses which ran the dead heat shall be deemed to have run a dead heat for the higher position.

11.28  Owners of horses in a dead heat shall divide equally all monies and other prizes and if no agreement can be reached as to which of them shall receive a cup, plate or other indivisible prize, they shall draw lots for it in the presence of one or more of the Stewards.

11.29  If a race has been run by all the horses at the wrong weights or over a wrong course or distance and if a protest is made and allowed before the flashing of the “Official” sign on the totalizer board, the Stewards shall declare the race no contest.

11.30  Where the Stewards determine, after a race has started, that a horse or horses were 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 or horses shall be declared non-contestants and the provisions of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) pertaining to refunds shall apply.

11.30.01  After the horses are released from the starting gate, the Stewards may order the race stopped.

11.31  Should there be less than five horses finish in any claiming or allowance race the finishers shall be entitled to the same percentage of the purse as set forth by the conditions of that race.

11.32  In all stakes races or walkovers in which there are less than five finishers, the winner shall be entitled to the winner’s percentage of the purse plus all unearned portions of that purse.

11.33  All conversions from metric distances to furlong distances for the purpose of eligibility for races shall be at the following equivalents:
2 FURLONGS        400 METERS
3 FURLONGS        600 METERS
4 FURLONGS        800 METERS
4 ½ FURLONGS        900 METERS
5 FURLONGS        1000 METERS
5 ½ FURLONGS        1100 METERS
6 FURLONGS        1200 METERS
6 ½ FURLONGS        1300 METERS
7 FURLONGS        1400 METERS
1 MILE            1600 METERS
1 MILE AND 70 YARDS    1670 METERS
1 MILE 1/8            1800 METERS
1 MILE 3/16            1900 METERS
1 MILE ¼            2000 METERS
1 MILE 5/16            2100 METERS
1 MILE             2400 METERS
1 MILE 5/8            2600 METERS
1 MILE ¾            2800 METERS
1 MILE 7/8            3000 METERS
2 MILES            3200 METERS
2 MILES1/16            3300 METERS

11.34  Deleted.

11.35  In the event there is any mechanical or electrical malfunction of equipment which is used as an aid for race reviewing or the assigning of the official finish, the Stewards shall decide all related matters on the basis of their visual observations and any oral reports received by them and their decisions, subject to appeal to the Horse Racing Appeal Panel (the HRAP), shall be final.

Chapter 12: Claiming Races

Last Updated: 
2020-03-02

12.01.01  In claiming races, any horse is subject to be claimed for its entered price by any owner who:

  1. Is the holder of an owner’s licence, in good standing from the Commission;

    AND

  2. Has started a horse in Ontario, either on his/her own behalf or in a multiple ownership during the racing season in which the claim is being made;

    OR

  3. Is eligible to claim under Rule 12.29.

A claimed horse, regardless of ownership, must race only at tracks in Ontario for the next ninety days or until the end of the track’s meet where the horse was claimed, whichever of the two that occurs first. Exceptions will apply only by permission of the Stewards.

12.02  The claiming price of each horse in a claiming race shall be the entered claiming price and shall be printed on the day’s official program.

12.03  A claim may be made by an Authorized Agent but only for an owner by whom he/she is authorized. However, when making out such claim the claim slip must include the Authorized Agent’s licence number or said claim shall be voided.

12.03.01 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).

12.04  No claim shall be valid unless the claimant has a credit balance in his account with the Horseperson’s Bookkeeper in an amount sufficient to satisfy the claim together with all applicable taxes relating to such claim. The said sum must be deposited in the claimant’s account at least fifteen (15) minutes prior to the published post time for the race for which the claim is submitted. In the event that the full sum applicable to the proposed claim has not been credited to the claimant’s account within the time limited, any claim made by the claimant, who is in default, shall be void.

12.05  Should any of the individuals or entities involved in a Partnership submit a claim for the same horse the qualifying claim will be drawn by the Stewards from within that Partnership group, preceding the final draw for the claim by the Clerk of the Scales

12.05.01  No owner may claim any horse from any other owner if a Partnership exists between them with respect to that horse or any other horse which is currently racing, which that partner owns in whole or in part.

12.05.02  A trainer shall not have more than one claim on any one horse in any claiming race. In the event of multiple claims identifying the same designated trainer, the qualifying claim shall be drawn by the Stewards from within that group preceding the final draw for the claim by the Clerk of the Scales.

12.05.03  Deleted.

12.06  A claim shall, in all cases, represent a bona fide offer by the claimant to buy, and on the owner to sell the horse in question at the claiming price. The Stewards may fully inquire into any and all circumstances leading them to believe that the above is not the case and shall punish violators in such manner as the facts warrant. (See Rule 12.17).

12.07  If a horse is claimed, it shall not start in a claiming race for a period of thirty (30) clear days from the date of claim for not less than twenty-five per cent (25%) more than the amount for which it was claimed.

12.08  If a horse is claimed, it shall not be sold or transferred to anyone in whole or in part, except in a claiming race, for a period of thirty (30) clear days from date of claim. It shall not, unless reclaimed, remain in the same stable or under control or management of its former owner or trainer for the same thirty (30) clear days. It shall not race outside Ontario, nor shall the foal registration papers be removed from an Association’s Race Secretary’s offices for the next ninety (90) clear days from the date of claim other than for the purpose of racing at Woodbine or Fort Erie, or until the end of the track’s meet where the horse was claimed, whichever of the two that occurs first. Exceptions may apply with permission of the Stewards, for a claimed horse to compete in stakes races in other jurisdictions during the ninety-day (90) period.

12.09 Deleted.

12.10  All claims shall be on forms and contained in envelopes provided by the Commission.

12.11  All claims must be signed, sealed, and the envelope time-stamped and deposited in a locked box at least 15 minutes before the post time of the race in which the claim is made. Such box shall be in the custody of the Clerk of Scales. The following information must be correctly filled in on the claim blank:

  1. Date of claim;
  2. Printed name(s) and appropriate signature(s);
  3. Authorized Agent number if required;
  4. Correct claiming price;
  5. The number of the race from which the horse is to be claimed;
  6. Name of horse;
  7. Designated Trainer;
  8. Initial claiming form, if applicable.

Typographical or minor technical errors may be accepted at the discretion of the Stewards.

12.12  Not earlier than 15 minutes before and not later than ten minutes before each race, the Clerk of the Scales shall open the claims’ box and note on the envelope containing each claim the official post time of the race in question which he/she shall take from the totalizator board. Immediately thereafter and in no event later than post time of each race, he/she shall deliver or cause to be delivered to the Stewards all claims which were in the claims’ box for the race in question. No money shall accompany the claim.

12.13  Transfer of possession of a claimed horse shall take place in the paddock immediately after the running of said race, unless the horse is required to be taken to either the retention test barn and/or TCO2 test barn for post-race testing. The successful claimant or their representative shall maintain physical custody of the claimed horse. Transfer of possession of each claimed horse will take place after sample tags have been signed by the previous trainer and/or their representative.

12.13.01  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. The horse’s halter must accompany the horse. Altering or removing the horse’s shoes prior to transfer is not permitted.

12.13.02  Notwithstanding the requirements under 12.13.01, 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 barn following completion of the test and after the sample tags have been signed by the original owner or their representative.

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

12.15  When a horse is claimed in another recognized racing jurisdiction, title to such horse shall be accepted in Ontario in accordance with the Rules of the jurisdiction in which the claim was made.

12.16  Any person refusing to deliver a claimed horse shall be suspended and their case referred to the Registrar. Any purse money earned by said horse shall be withheld and such horse may not be re-entered, until it is delivered to the successful claimant or his agent subject to the finding of the Registrar. In the event that the delivery of the horse is not made in the paddock immediately following the race, the claiming money shall immediately revert to the claimant’s account and if delivery of the horse is offered at some subsequent date, the claimant has the option to refuse such horse.

12.17  If the Stewards are of the opinion that any person is claiming a horse for the benefit of another they may require such person to give a statutory declaration substantiating that such claim is made only on their own behalf.

12.18.01  Subject to Rule 12.16, title to a claimed horse shall vest in the successful claimant from the time the stall doors of the starting gate open in front of such horse at the time the Starter dispatches the horses in a valid start for the claiming race. The successful claimant shall take possession of the claimed horse according to the Rules whether said horse is alive or dead, sound or unsound, or injured during or after the race.

12.18.02  When a claim has been lodged it is irrevocable, and is at the risk of the claimant. Determination of the true sex of a claimed horse shall be the sole responsibility of the claimant, and mistakes in that regard printed in the official program or elsewhere shall not be considered a basis for invalidating the claim.

12.19 Each horse shall run for the account of the person in whose name it starts.

12.20  No person shall attempt by intimidation to prevent anyone from running a horse in any claiming race for which it is entered.

12.21  No person shall offer or enter into an agreement to claim or not to claim or attempt to prevent another person from claiming any horse in a claiming race; nor shall any owner or trainer running horses in any claiming race make any agreement for the protection of their or any other person’s horses.

12.22  No person or persons shall enter or allow to be entered in a claiming race a horse against which any claim is held, either as mortgage, bill of sale or lien of any kind, unless the holder of the due obligation signs an official consent form. This form must be put on file prior to entry with the Racing Secretary of the Association conducting the meeting.

12.23  If a filly or mare has been bred she is ineligible to enter into a claiming race unless either (i) or (ii) of the following conditions is fulfilled:

    1. Full disclosure of this fact is on file with Racing Secretary and such information is posted in their office;
    2. The stallion service certificate has been deposited with the Racing Secretary’s Office. (All information contained on the slip shall be confidential);
    3. All payments due for the service in question and for any live progeny resulting from that service are paid in full;
    4. The release of the stallion service certificate to the successful claimant at the time of claim is guaranteed.

      OR

  1. A licensed veterinarian’s certificate dated at least 25 days after the last breeding of that mare or filly is on file with the Racing Secretary’s Office stating that the mare or filly is not in foal.

12.24.02  The stable of an owner racing in Ontario shall be deemed to consist of only those horses that were, at the time the stable was eliminated by claiming, registered with an Ontario racing Association for the current year.

12.25  When a horse has been claimed or sold and a urine or other test subsequently discloses that an improper medication or drug was administered and the Stewards suspend such horse from racing, such suspension shall remain in effect until it is rescinded by the Stewards or the Registrar.

12.26  No person other than an authorized agent acting for his/her principal shall claim a horse for, or on behalf of any other person and, for the purposes of the claiming Rules, an owner making a claim by merely executing said claim declares that he/she is claiming on their own account.

12.27  No horse which is leased may be used by the lessee as a qualifying horse for the purpose of claiming, until the lease has been in effect for 30 days. However, a lease from a person to a corporation, of which the majority of voting shares are owned by such person or vice versa, shall be an exception to this rule. In the event that a leased horse is claimed, the lessee at the time of the claim shall have the right to reclaim said claimed horse during the balance of the meeting where the horse was originally claimed.

12.28  Any purse monies shall not be released to owners for 48 hours after being won, and if a holiday immediately follows, the money shall not be released for a period of 72 hours.

12.29  Any potential ownership which is desirous of entering racing in Ontario by claiming a horse, which is not currently, directly or indirectly involved in horse ownership in another jurisdiction, which does not qualify to claim a horse under Rule 12.01.01 (a) and (b) may be granted the privilege to claim a horse under a claiming certificate, issued by the Registrar, provided the following conditions are fulfilled:

  1. a payment is made to the Commission to initiate an investigation as to that ownership’s suitability to hold a licence. The new owner’s fee will be added to the cost of the claiming certificate;
  2. An application has been made and held pending until all necessary inspections have been completed to the satisfaction of the Stewards or the Registrar;
  3. A licensed owner who has raced in Ontario in the previous racing season is eligible to claim as an initial claimant without charge;
  4. with the exception of the first and last thirty (30) calendar days, a claiming certificate is valid during the racing season in Ontario;
  5. The above privilege to claim shall be valid for only one horse unless the claimed horse is physically incapable of starting in Ontario during the next forty-five (45) days of being claimed, as determined by the Commission Veterinarian;
  6. Deleted.

12.30  Any owner entitled to claim on their own behalf under the Rules, is entitled to claim in a Partnership with any other licensee(s) who are entitled to claim on their own behalf. No owner may be involved in more than one claim (in whole or in part) for the same horse in any one race.
12.31  It is the responsibility of anyone making a claim to see that the claim is properly executed. In the event the Stewards find that the claim is improperly executed, they may take any action within the Rules they deem necessary, including declaring the claim invalid.

12.32  Should notification be received by the Stewards, from the Official Chemist, that a positive test has been determined on an official sample from a claimed horse, the claimant of the said horse shall have the right to request of the Stewards that the claim be declared invalid. Such request must be made within 72 hours of the claimant, his/her trainer, or authorized agent, receiving notification of the positive test from the Stewards.

12.32.01  The Stewards shall rule a claim invalid, if:

  1. At the option of the claimant, approved post-race testing procedures discloses that an improper medication or drug was found to be present in the sample of the claimed horse which is reported in the analysis report from the lab. Once the claim has been declared invalid by the Stewards the claimant must request within 72hours that the horse be returned to the original owner;
  2. The horse dies on the racetrack; or
  3. The horse suffers an injury which requires euthanasia while on the racetrack as determined by either a Commission Veterinarian or an Official Veterinarian.

12.33  Deleted.

Chapter 13: Protests, Objections and Appeals

Last Updated: 
2018-11-30

See also Chapter 24: Registrar’s Discretionary Powers

13.01.01  In order to be recognized, every protest must be made by the owner, trainer, or jockey to the Clerk of the Scales or to the designated Racing Association employee.

13.01.02  Every complaint against an Official shall be made to the Stewards in writing signed by the complainant.

13.02  All protests, by licensees must be submitted, in writing, no later than 48 hours after the incident to the Stewards. Every protest shall be dealt with by the Stewards.

13.03  A protest arising out of the happenings in the running of a race shall be made before the official sign has been posted.

13.04.01  A protest on the grounds:

  1. Of misstatement, omission or error in the entry under which a horse has run;
  2. That a horse which ran was not the horse or was not of the age which it was represented to be at the time of entry;

    OR

  3. That a horse was not qualified under the conditions of the race or by reason of default;

    OR

  4. That a horse has run in contravention of the Rules;

    OR

  5. Not otherwise provided in the Rules;

shall be made within 48 hours after the finish of the race with respect to which the protest is made, excluding dark days.

13.04.02  A protest, except one arising out of happenings in the running of a race, shall be made in writing, signed by the complainant and delivered to the Registrar.

13.05  Protests not lodged with the Stewards prior to the termination of the meeting shall be made to the Registrar at the Commission’s head office in Toronto.

13.06.01  If a protest that a horse is ineligible is delivered to the Stewards at least one hour before post time of the race in question, the Stewards shall give such protest immediate consideration. The onus of proof throughout shall be with the protester. In default of proof at least 30 minutes before post time of the race in question that the horse is not qualified to start, the said horse shall start.

13.06.02  A protest respecting the distance of a race shall be delivered to the Stewards at least one hour before post time of the race in question.

13.07  A protest alleging fraud may be delivered at any time.

13.08  Pending the determination of a protest, any money or prize won by the owner of the horse with respect to which the protest is made, and any other money affected by the outcome of the protest, shall be withheld by the Association until the protest is determined, and if the money or the prize handed over before the protest is made the Stewards shall order them returned if the protest is sustained.

13.09.01  Deleted.

13.09.02  A person making a protest, which the Stewards decide to be frivolous, may be subject to a monetary penalty or suspended.

13.10  A protest shall not be withdrawn without permission of the Stewards.

13.11  All costs and expenses incurred in determining a protest or conducting an enquiry shall be paid by such person in such proportion as the Registrar or the Stewards may direct.

13.12  If a protest against a horse which has won or placed is allowed, and a race or place is awarded to another horse, the money for such race shall be distributed in accordance with the final placing.

13.13  Pending the determination of a protest, any money held by the Association as the price of a horse claimed in a claiming race (if affected by the protest) or pursuant to the provisions of Rule 13.08 shall be withheld until the protest is determined.

13.14  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.

13.15  The Stewards shall promptly consider any protest or complaint properly made to them and render their decision as quickly as possible and forthwith report the subject matter of the protest or complaint and their disposition of it to the Registrar. Should the Stewards not have come to a decision within 10 days of the time of the completion of the Stewards’ review, it shall be accepted by all persons concerned that the Stewards have taken no action and imposed no penalty, and the Stewards shall take no action and impose no penalty after the expiry of the 10 days mentioned; provided, however, that in such case, the Registrar may review the deliberations of the Stewards and make such decision and impose such penalties as he or she may deem just.

13.16  Should any protest be made to the Stewards, and subsequently be withdrawn, the Stewards may review the circumstances surrounding said protest. After reviewing said circumstances, the Stewards may, if they conclude that the launching or the withdrawal of the protest was made for some improper purpose, assess any penalty within the Rules they feel is just.

13.17  Subject to the Horse Racing Licence Act, 2015, any person aggrieved by a decision or ruling of the Stewards, Registrar or delegated officials may appeal the decision or ruling to the Horse Racing Appeal Panel (HRAP).

13.17.01  Deleted.

13.17.02  Deleted.

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

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

13.17.05  The official performance records shall reflect the Stewards’ 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 Stewards’ 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.

13.17.06  Deleted.

13.17.07 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.

13.17.08  Deleted.

13.17.09  Deleted.

13.18  Deleted.

13.19  Deleted.

Chapter 14: Safety and Security

Last Updated: 
2018-11-30

14.01.01  Racing Associations shall take every reasonable precaution to make their premises safe for the protection of the persons and property of patrons and licensees.

14.01.02  Each Association shall police its grounds at all times in such a manner as to prevent the admission of any person in and around the stables excepting those having valid business or duly licensed by the Commission.

14.02  Deleted.

14.02.01  Only properly Commission licensed participants shall be mounted on a horse or pony on the Association grounds, and such participant is required to wear properly affixed and secured helmets and safety vests, as prescribed by Rule 14.02.02. The licensee is responsible for ensuring that his/her helmet and safety vest meets the safety standards. (Effective January 1, 2013)

14.02.02  Where it is required under the Rules, only helmets meeting the following standards shall be used:

  1. American Society for Testing and Materials (ASTM 1163);
  2. UK Standards (EN-1384 and PAS-015); or,
  3. Australian/New Zealand Standard (AS/NZ 3838).

Where it is required under the Rules, only safety vests meeting the following standards shall be used:

  1. British Equestrian Trade Association (BETA:2000 Level 1);
  2. Euro Norm (EN 13158:2000 Level 1);
  3. American Society for Testing and Materials (ASTM F2681-08);
  4. Shoe and Allied Trade Research Association (SATRA Jockey Vest Document M6 Issue 3); or,
  5. Australian Racing Board (ARB Standard 1.1998).
    (Effective January 1, 2013).

14.03  Each Association shall have in attendance at each race track at which horses are being raced or exercised person-ambulance(s) and horse-ambulance(s), staffed with qualified personnel to render first aid and transport injured persons or horses to the closest place available for medical or veterinary treatment, as the case may be; such ambulances shall be placed at an entrance to the racing-strip.

14.04  Associations shall not post or enforce track rules which are in conflict with any provision contained in the Rules. Track rules shall be posted in either the paddock and/or offices of the race secretary. The Stewards may impose a monetary penalty or suspension, or both, for a violation of any of the track rules specifically adopted by the Stewards.

14.05  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, jockeys’ change room, washrooms and offices within the paddock area. Smoking is also prohibited anywhere on the racetrack surface at any time.
Penalty for an infraction of Rule 14.05:

  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.

Chapter 15: Misconduct, Needles, Syringes and Searches

Last Updated: 
2020-03-02

15.01.01  Deleted.

15.01.02  Deleted.

15.01.03  Deleted.

15.02.01  No licensee except physicians, Commission Veterinarians or Official Veterinarians or veterinarians licensed by the Commission, registered veterinary technicians, veterinary student assistants, or other technicians as permitted by the Stewards 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 Stewards or the Registrar.

15.02.02  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, search 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 15.31.1 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.

15.02.03  Deleted.

15.02.04  No horse that has been denerved permanently or temporarily desensitized by any method above its pastern shall be eligible to enter a race. 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..

15.02.05  The Commission Veterinarian or Official Veterinarian will record all information in connection with nerved horses on the pre-race card kept by the Commission. The information as to whether a horse has been nerved is available to licensed owners or trainers.

15.02.06  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.

15.02.07  The AGCO shall post a list of all denerved horses.

15.02.08  Subject to Rules 15.02.01 above and 15.38, if in an emergency and in the absence of all practising or Commission Veterinarians or Official Veterinarians from the grounds of the Association conducting racing, it becomes necessary for any reason for the owner, trainer or attendant who has the care and control of a horse, to administer or cause to be administered orally any drug to such horse and, if at the time of such administration the horse has been entered in a race, the said owner, trainer or attendant shall report the matter fully to the Commission Veterinarian or the Official Veterinarian as soon as he/she returns to the grounds, who shall immediately report the incident in writing to the Stewards or any of them as soon as one or more of them comes upon such grounds and the Stewards shall scratch such horse or permit it to run as they may deem proper.

15.03.01    

  1. Urine and/or blood samples shall be taken from the winning horse of every race, and from such other horse(s) as the Stewards, Commission Veterinarian or Official Veterinarian shall direct. Such horse/s shall be sent immediately after each race to the retention area and placed in the custody of an employee of the Commission, Canadian Pari-Mutuel Agency or authorized person approved by the Commission (veterinarian, Registered Veterinary Technician [RVT]);
  2. The Stewards, Commission Veterinarian or Official Veterinarian may direct the carrying out of any other examinations as may be ordered;
  3. Failure to proceed directly to the retention (test) barn and/or TCO2 barn and remain therein until the required samples have been collected and/ or the horse has been released by the retention test barn and/or TCO2 test barn personnel, may result in forfeiture of the purse money, if any, and disciplinary action against the owner, trainer, or designated representative of the trainer, provided always that the Steward(s) may excuse a horse from attending and/or remaining in the retention barn for any reason which they in their discretion consider justified;
  4. 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 when any specimen/s are taken from or examination made to a horse under his/her care, and shall remain until the sample tag attached to the specimen shall be signed by him/her as witness to the taking of specimen or the examination is completed. Failure to present the licence may result in a monetary penalty and/or suspension.

15.03.02  The taking of the tests shall be the responsibility of the Chief Test Inspector, and those under his/her supervision shall perform such duties as may be assigned to them by him/her. Part V of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) recites the procedure to be followed in the collection and identification of urine or blood specimens from horses at the tracks, and all officials shall adhere to these rules.

15.03.03  Part V of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) recites the procedure to be followed in the collection and identification of urine or blood specimens from horses at the tracks, and all officials shall adhere to these rules.

15.03.04  If a Urine Inspector is unable to get a urine sample within two hours from the time the horse arrives at the retention barn, or with respect to the last race, one hour after the last race, the Chief Test Inspector shall contact a Commission Veterinarian, Official Veterinarian or Registered Veterinary Technician who will withdraw a blood sample. The Commission Veterinarian, Official Veterinarian or Registered Veterinary Technician shall draw the blood sample which shall be collected, packaged and sealed in the prescribed manner set down by the Canadian Pari-Mutuel Agency. The trainer or his/her representative shall witness the sample being taken and sign test card.

15.03.05  All abandoned urine tests shall be reported to the Stewards as soon as is convenient.

15.03.06  No person shall be admitted to the testing enclosure except the staff immediately in charge of such work, members of the Commission, duly accredited representatives of the Canadian Pari-Mutuel Agency, officials, employees and persons authorized by Urine Service Rules, the Registrar, the Stewards, any Commission Veterinarian or Official Veterinarian, a representative of the Association and such other persons as may be authorized in writing by the Registrar.

15.03.07  If the Stewards find that there has been improper interference or substitution in the taking of a urine specimen under Rule 15.03.01, subject to Rules 15.04.02 and 15.04.04, they shall take such action as they deem proper against any person found by them to have improperly interfered with the taking of the urine sample or substituted for the urine sample.

15.03.08  No horse shall be allowed to race in Ontario if the permission for the taking of such blood sample is refused, unless the Commission Veterinarian or Official Veterinarian, for good cause in his/her judgment, excuses the taking of the sample.

15.04.01  Should the Official Chemist’s report on urine, blood or other samples taken from a horse be positive, he/she shall immediately notify the Stewards or Registrar and this notification shall be taken as prima facie evidence of a positive test. He/she shall confirm such findings with the Commission.

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

15.04.02.2  Once the Commission has notified the trainer or his or her responsible representative pursuant to Rule 15.04.02.1, the Stewards 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 Stewards;
  3. Place conditions on the trainer’s licence;
  4. Determine the eligibility of the horse.

15.04.02.3  Deleted.

15.04.02.4  Deleted.

15.04.02.5  Deleted.

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

15.04.02.7  The procedure detailed in Rule 15.04.03 and in Rule 15.04.02.1 to.4 is also to be followed exactly when the urine or blood sample received by the Official Chemist is determined by him/her to be not entirely horse urine or blood.

15.04.03  When a horse is found to have been administered a prohibited medication resulting in a positive test, such horse shall be declared unplaced for every purpose except pari-mutuel wagering.

15.04.04  Deleted.

15.04.05  Deleted.

15.04.06  Deleted.

15.05  If the Stewards find that any prohibited drug has been administered to a horse before a race, they shall take such action as they may deem proper against any person found by them to have administered or attempted to administer any such drug.

15.05.01  Upon a finding of a violation of the positive test rules, the Stewards 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.

15.06.01  The trainer, groom and any other person who, in the opinion of the Stewards or the Registrar, has charge, custody or care of a horse:

  1. Is obliged to properly protect the horse, guard it against the administration of a prohibited drug, protect the horse, and guard it against wrongful interference, or a substitution by anyone in taking of a urine or blood sample;
  2. If such person should fail to so protect and guard the horse, he/she or they will be regarded as bearing responsibility along with the person who actually administered such drug, or wrongfully interfered with or substituted in the taking of a urine or blood sample. Where the Stewards find a failure to properly protect a horse, subject to Rule 15.04.02 they shall impose such penalty and take such action as they deem proper, or shall refer the matter to the Registrar.

15.06.02  Deleted.

15.06.03  Notwithstanding Rule 15.06.01, the Registrar 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 under the Criminal Code (Canada);
  4. Any trainer whose horse(s) level of TC02 equals or exceeds the levels set out in Rule 37.01;
  5. Any trainer whose horse(s) is administered a medication, drug or substance contrary to Rule 15.38.

15.07.01  No trainer shall knowingly employ or harbour anyone under suspension by a Racing Board or Commission which is a member or associate member of the National Association of State Racing Commissioners.

15.07.02  A trainer shall not knowingly have in their charge or under his/her supervision for the purpose of racing any horse owned, in whole or in part, by a suspended or unlicensed owner.

15.08.01  No one having a financial interest in the result of a race by reason of the ownership of any particular horse in the race, wagering, or financial gain, shall act in any official capacity in connection with the running of said race.

15.08.02  No Racing Official shall wager on the outcome of a race, nor shall any employee or licensee of the Commission or employee of any Association 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, newspapers, other approved publications, or over the radio, television or to the selling of approved publications.

15.09.01  Any act or omission related to Thoroughbred horse racing in any or all of its form, which, when measured against generally accepted standards of good conduct would be regarded as dishonest, unfair or unsportsmanlike or contrary to the public interest financially or otherwise, shall be deemed to be a violation of these Rules and shall be dealt with accordingly at the discretion of the Stewards. The Ruling and subsequent publication regarding penalty shall include the specific part of the Rules which the licensee violated. In determining whether any act or omission offends this Rule, regards 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 their 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 their 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 their 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 Stewards 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 immediate suspension of the licence;
  10. Any act or omission which contravenes this Rule shall be dealt with at the discretion of the Registrar or the Stewards and may include monetary penalty and/or suspension. The Ruling and subsequent publication regarding penalty shall include the specific part of the rule which the licensee violated.

15.09.02  No person shall aid, abet, counsel or conspire with any other person in the violation of the Rules and should he/she do so, he/she will be regarded as culpable as the principal.

15.09.03  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. Failure or refusal to provide the medical history may result in a monetary penalty and/or suspension. The request for medical records must be made within 30 days of any transfer.

15.09.04  For the purposes of Rule 15.09.03, the medical history of the horse shall include the records of administration, including brand and date for:

  1. Vaccinations
  2. Dewormings

15.10  No person shall give, offer, or promise directly or indirectly, either on their own behalf or on behalf of another, any bribe, gift or gratuity in any form for the purpose of improperly influencing the result of a race or which would tend to do so.

15.11  No person licensed by the Commission shall accept or offer to accept on their own behalf or on behalf of another any bribe, gift, or gratuity in any form which could or might tend to influence the result of a race.

15.11.01  No licensee shall intimidate, threaten or coerce any other licensee in any manner.

15.12    Deleted.

15.13  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, search 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 of any kind which might be in his or her possession. Any drugs, medicaments or other material or devices obtained may be forwarded by the Registrar to the Official Chemist for analysis.

15.14  The results of any examination, search, inspection or seizure described in these Rules shall be daily reported orally to the Stewards and at the end of each race meeting to the Registrar in writing by the person who ordered such examination, search or inspection.

15.15  No owner or trainer shall accept, directly or indirectly, any bribe, gift or gratuity or other benefit in any form which might influence the result of any race, or tend to do so, or which is offered for that purpose or which is offered to induce an owner or trainer to enter, not to enter, or withdraw a horse in a race. The owner or trainer shall report to the Stewards the making of any such offers.

15.16  In cases where a horse has bled during or shortly after a race or a workout to the knowledge of a veterinarian licensed by the Commission, the horse may be pre-race medicated, provided that the administration is of a substance which is a coagulant or other median recognized as a treatment to stop bleeding, and is also not included in the group of prohibited medications under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada). The administration of the medication must be done by a licensed veterinarian who shall report all details in writing to a Commission Veterinarian or Official Veterinarian who shall pass such report to the Stewards for their approval before the horse can start.

15.17.01  In the event the horseperson’s bookkeeper accepts a deposit for any owner’s account he/she shall keep a record of who deposits the money, and in what form the deposit is made, and have it signed by the depositor should it be other than by cheque or money order.

15.17.02  It is the duty of the horseperson’s bookkeeper to immediately notify the Stewards of any unusual money transactions between horseperson’s accounts that would indicate any improper procedures or disposition of funds.

15.18  No licensee shall place a wager on any other horse in any race in which he/she shall start a horse owned, trained, groomed, or in any way represented or handled by him or her as a starter. Nor shall he/ she cause such a wager to be placed on their behalf except in the case of feature wagering events where he/she may bet or cause another person to bet on their behalf only on combinations in which their horse is selected in the win position. (See also: Rules 9.10.01 and - Jockeys, 9.10.04 - Outriders, Valets, 15.08.02 - Commission Officials or Racing Officials.)

15.19  Any act to a horse which, in the opinion of the Stewards, could be deemed to be an act of cruelty shall be a violation of the Rules and the perpetrator is subject to a monetary penalty or suspension. Insufficient care or abandonment shall constitute cruelty under this rule.

15.20  Deleted.

15.21  Any licensee must answer completely and truthfully any questions from the Stewards or the Registrar relating to racing.

15.22  Any action taken to falsely cause or attempt to cause the entering, scratching or claiming of a horse shall be contrary to the Rules and may result in a suspension and/or monetary penalty being imposed by the Stewards or by the Registrar.

15.23  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.

15.24  Deleted.

15.24.01  Deleted.

15.24.02  Deleted.

15.24.03  Deleted.

15.24.04  All riders must provide a breath analysis sample no later than one hour before the post time of their first mount. Upon request, and at the discretion of the Stewards, the one hour testing requirement may be reduced.

15.24.05  Deleted.

15.25  Any person who refuses to submit to a breath analysis test, without reasonable justification, as required by these Rules, shall be liable to the same and like penalties as prescribed in Chapter 38.

15.26.01  Deleted.

15.26.02  Deleted.

15.26.03  Deleted.

15.26.04  Deleted.

15.26.05  Deleted.

15.27  Any person who fails to receive permission to enter an allotted stabling area, refuses to leave said area when requested by the trainer or his representative or repeatedly trespasses on an allotted stabling area shall be dealt with according to Rule 16.13. There will be no exceptions including inclement weather, physical infirmities etc.

15.28  In any inspection, if the participant knowingly withholds information or misleads the Inspectors or the Stewards, it shall constitute a violation.

15.29  The Registrar delegates to the Commission Administration responsibility for the supervision of Thoroughbred Racing in Ontario and its duties shall include but not be limited to the following:

  1. The interviewing of any licensee with respect to any alleged violation of the Rules. The Administration may require a licensee to make a statutory declaration or a statement in writing or by video or audio recording and /or to produce documents, evidence, of any agreements or transactions, financial or otherwise, relating to any alleged violation of the Rules or to any matter which in the opinion of the Administration is not in the best interest of racing.

15.30  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 Stewards or other authorized official, be required to provide information. Failure of any participant to comply may result in a suspension.

15.31.01  A person shall not 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 (SOR/91-365); and/or
  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 under the Food and Drugs Act (Canada), 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 jockey; 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 hereafter:
    1.     (i) Erythropoietin or any of its synthetic derivatives, or
    2.     (ii) 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 (Canada) and its regulations, the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada), the Livestock Medicines Act, Controlled Drugs and Substances Act 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.

15.31.02  The Registrar may establish a list of drugs, substances or medications for purposes of Rule 15.31.01 and may impose conditions to the possession or use of the drug, substance or medication.

15.32.01  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, or a person designated by 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.

15.32.02  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, or a person designated by 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.

15.32.03  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, or a person designated by 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.

15.32.04  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, or a person designated by 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.

15.32.05  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.

15.32.06  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, or a person designated by 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.

15.32.07  The Registrar may:

  1. Find that a trainer, owner or veterinarian has 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.

15.32.08  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.

15.32.09  The Registrar may provide or cause to be provided to Associations, The Jockey Club or similar entities, information that a horse had died and date of death.

15.33.01  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.

15.33.02  The holding of a licence as an owner and/or trainer issued by the Registrar 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. The application for a licence as an owner and/or trainer issued by the Registrar shall constitute permission for a person designated by the Registrar to obtain that blood sample for such purposes.

15.33.03  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.

15.33.04  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.

15.33.05  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.

15.33.06  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.

15.33.07  The Stewards 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 Stewards 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.

15.33.08  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 has approved.

15.33.09  An owner or trainer may be held wholly or partially responsible if any drug substance or medication administered or prescribed by him or her 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 assessed a monetary penalty and/or suspended by the Stewards;
  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 assessed a monetary penalty and/or suspended by the Stewards.

15.34    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, searching, inspecting and seizing the personal property and effects of any person in or upon such place.

15.35    Any licensee, who in the course of their normal duties, locates any item listed in Rule 15.02.01 and (b) or any drug, substance or medication listed in Rule 15.31.01 shall forthwith advise the Stewards of their findings and take direction from the Stewards.

15.36    After considering the evidence and making a Ruling concerning a violation of Chapter 15, the Stewards may order that the items seized be disposed of in accordance with the Horse Racing Licence Act, 2015.

15.37    No person, other than a veterinarian licensed by the Commission, shall have or use of Extracorporeal Shock Wave Therapy, 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, or an official workout; and
  3. Any treatment or procedure must be recorded, including the date and time, and maintained as part of the record of the horse.

Standards-Based Race Day Medication Ban

15.38

  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 Thoroughbred Exercise Induced Pulmonary Haemorrhage (EIPH) Program shall not be considered a violation of Rule 15.38.
  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 Steward 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 Steward may order the withdrawal or disqualification of any horse that has been administered any medication contrary to Rule 15.38.

15.39    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; and
  2. Any treatment or procedure must be recorded, including the date and time, and maintained as part of the record of the horse.

Chapter 16: Stewards

Last Updated: 
2018-11-30

16.01.01  At a meeting, except in the case of an emergency, there shall be a minimum of two Stewards employed and appointed by the Registrar, one of whom shall be designated by the Registrar as a Senior Steward under whose supervision the Stewards shall, collectively, carry out all the duties and responsibilities specified in the Rules. All decisions of the Stewards shall be determined by majority vote. In the cases where there are only two Stewards officiating, the Senior Steward or the Steward designated as the Senior Steward by the Registrar, shall have in addition to the regular vote, a casting vote.

16.01.02  Deleted.

16.01.03  Stewards shall not be employed by an Association in any other capacity during the time he/ she acts as a Steward. Exceptions to this rule may be authorized by the Registrar.

16.02.01  Subject to the powers and duties of the Registrar, the Stewards have the power to govern, and it is their duty to regulate and govern the conduct of all racing, Racing Officials and owners, trainers, jockeys, grooms and all persons attendant upon horses.

16.02.02  Subject to the powers and duties of the Registrar, the Stewards have power to interpret the Rules and to decide all questions not specifically covered by them.

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

16.02.04  In all matters pertaining to racing, the orders of the Stewards shall supersede the orders of the officers, directors and officials of the Association.

16.02.05  All entries, declarations and scratches shall be under the control and supervision of the Stewards.

16.02.06  The Stewards shall assume their duties 48 hours prior to 12:01 a.m. of the first day of each meeting and shall retain them until one minute before midnight on the day following the last day of each meeting and no Racing Official who has been approved by the Registrar shall absent him/herself from their duties without permission of the Stewards. Any matters related to the running of a race meeting may be handled subsequent to the close of that meeting at the discretion of the Stewards.

16.02.07  One of the Stewards shall be in attendance throughout the drawing of entries and post positions. However, if due to official racing commitments, no Stewards are available, they shall leave a telephone number where they will be available to aid should any difficulties arise during said draw.

16.03  No person while acting at a track as the Director, Steward, Racing Secretary, Handicapper, Starter, Placing Judge, Patrol Judge, Clerk of the Scales, Horse Identifier, Paddock Judge, Timer, Jockeys’ Room Custodian, Valet, Commission Veterinarian, Official Veterinarian, Commission Clerk, or as an assistant to any of those heretofore named shall have any interest directly or indirectly in any horse participating in racing on the circuit in which the meeting is included.

16.03.01  In addition to the provisions of Rule 16.03, no person while acting at a track as the Director, Racing Secretary, Handicapper, Starter, Placing Judge, Patrol Judge, Clerk of the Scales, Horse Identifier, Paddock Judge, Timer, Jockeys’ Room Custodian, Valet, Commission Veterinarian, Official Veterinarian, Commission Clerk, or as an assistant to any of those heretofore named shall have any direct or indirect monetary interest in any business which seeks the patronage of thoroughbred horsepeople as such.

16.04  It shall also be the duty of the Stewards, when they deem it advisable, to take such action in advance as they may regard as necessary to prevent an infraction of the Rules.

16.05  The Stewards shall take any action they deem necessary, including the warning of or ordering the ejection from the grounds of all persons who, by reason of past or present conduct would be regarded as objectionable should they find such person has in any manner or at any time:

  1. Disturbed the peace;
  2. Made themselves obnoxious on the grounds of any Association;
  3. Shown disrespect by word or action to any official of racing;
  4. Falsified, misrepresented or omitted required information on a licence application. The Racing Association shall enforce such an order.

16.06  It is the responsibility of the Stewards to get the horses to the post at post time.

16.07  The Stewards may demand proof that a horse is not disqualified in any particular race or that it is not entered, owned or trained, in whole or in part, by a disqualified person, and in default of satisfactory proof, the Stewards may disqualify the horse.

16.08  Any Steward presiding at a race meeting, or the Registrar, may require of any owner, previous owner or trainer that they make a statutory declaration attesting to the bona fide ownership of a horse that is purported to be owned, previously owned or trained by him or her. The Steward or the Registrar may also require that any business agreements or transactions, financial or otherwise, made in regard to the said horse be included in the statement.

16.09  The Stewards may examine or order a Commission Veterinarian or Official Veterinarian to examine and report upon any horse on the grounds of any Association, whether or not a meeting is being held on such grounds.

16.10  Any owner or trainer who wishes to add or remove blinkers shall submit the equipment change slip with the entry. Any blinkers change may be disallowed by the Stewards.

16.11  The Stewards or Administration may place the name of any horse on the Stewards’ List for any reason they may deem to be proper. During the time a horse’s name is on such list, it shall not race, nor shall it be entered in any race, except that it may be nominated in a stakes race. Only the Stewards or Administration shall remove a horse’s name from the Stewards’ List.

16.11.01  Deleted.

16.12  The Stewards shall have the authority to:

  1. Declare a race no contest;
  2. Prior to the posting of the “Official” sign, cancel all pari-mutuel wagering on a horse(s) that has an unfair start.

16.12.01  Notwithstanding that a horse is declared a non-contestant for pari-mutuel wagering purposes, the Stewards may permit the horse to participate in the purse distribution.

16.13  The Stewards may impose any or all of the following penalties for conduct prejudicial to the best interests of racing, or for a 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. Suspend any Commission licensee;
  4. Impose whatever monetary penalty they feel is suitable and justifiable;
  5. Prohibit any Commission licensee from driving a motor vehicle in the stable area;
  6. Deleted.
  7. Set limitations for a conditional licence for any licensee or applicant for a new licence.

16.14  Should the Stewards consider the penalties set out in Rule 16.13 inadequate for the violation committed, they shall immediately so report in writing to the Registrar, and the Registrar shall determine the matter.

16.15  No owner or trainer shall move or permit to be moved any horse owned by him/her or in their care from the grounds of an Association if forbidden to do so by the Stewards.

16.16  Any licensee who is the recipient of a notice of review form must select his or her option and complete the form within 10 days of receiving same. Failure to do so will result in the Stewards setting the date of review and this date must be adhered to.

16.17  Deleted.

16.19  Deleted.

16.20  In the absence of the Registrar, for any reason whatever, a Steward at a racetrack operated by an Association shall exercise all authority vested in the Registrar under these rules.

16.21  Stewards must post the inquiry sign when:

  1. A spill has occurred; and/or
  2. A rider has been unseated after the start.

Chapter 17: The Starter

Last Updated: 
2018-11-30

17.01.01  Only the Starter or in their absence the Assistant Starter or in the absence of both a deputy approved by the Stewards may start a race.

17.01.02  The Starter shall give all orders and take all measures necessary to ensure a fair start.

17.01.03  The Steward’s decision as to the validity of a start shall be final; likewise their decision as to whether or not a horse was locked in the gate shall be final.

17.01.04  The Stewards may appoint one of their number to supervise the start of any race.

17.02  If the Starter or his/her assistants are unable, after reasonable efforts, to place a horse in the gate for a satisfactory start, or if the horse is fractious or unruly, the Starter may request the horse be scratched by the Stewards. Such horse may be placed on the Stewards List and shall be placed on the Starters List.

17.03  Horses shall take their positions in numerical order following a consistent pattern.

17.04  All horses being entered for the first time shall be first approved at the starting gate in the current year by the Starter or the Starter’s Assistant, and such approval to start slips must be handed in to the Racing Secretary’s office before or at the time such horses are entered. In the case of horses shipping in from outside of Ontario, the approval slip must be delivered to the Racing Secretary’s office two (2) hours before post time for the first race of that racing card or the horse will be scratched. The date of approval must be no longer than 30 clear days in the current year prior to entry for the horse’s first start. The responsibility of handing said slips in to the Racing Secretary’s office must be borne by the individual making the entry.

17.05  The approval of the Starter must be obtained for all horses which have never started at an Ontario track if, in the Starter’s opinion, the horse’s record indicates that such horse has been in trouble at the starting gate. A horse which has refused to leave a starting gate on any race track must be schooled to the satisfaction of the Stewards and the Starter, before being entered in any race.

17.06.01  The Starter shall maintain a schooling list, and horses shall be schooled to barrier or starting gate, if and when required under the personal supervision of the Starter or his/her assistants.

17.06.02  Only the Starter shall have the authority to designate the horses which shall constitute the schooling list.

17.07.01  The Starter shall file a copy of the schooling list with the racing secretary.

17.07.02  The Starter shall report to the racing secretary as soon as a horse on the list has been schooled sufficiently to be permitted to start.

17.07.03  Any horse whose name appears on the Starter’s list shall not be eligible to enter or start in any race until the Starter orders its name to be stricken from the schooling list.

17.08  The Starter may assess a monetary penalty or suspend a jockey for disobedience of his/her orders at the starting point or for attempting any unfair advantage or for unruly conduct or for the use of abusive language. A suspension by the Starter shall not exceed ten (10) days and a monetary penalty imposed by the Starter shall not exceed $200.00. Such monetary penalty and/or suspension shall be subject to the approval of the Stewards.

17.09  The Starter shall report in writing to the Stewards and to the racing secretary all monetary penalties and suspensions which he/she has imposed and no monetary penalties or suspensions, so reported, shall be modified other than by the Registrar.

17.10  All races shall be started from a starting gate approved by the Registrar but, in the event of emergency, the Stewards may permit a race to be started without a starting gate, or may permit a race to be started with a starting gate with its doors open.

17.11  When a race is started without a gate, there shall be no start until and no recall after an assistant Starter has dropped their flag in answer to the direction of the Starter.

17.12  If a horse is locked in the gate the Starter shall immediately notify the Stewards who shall order the horse scratched.

17.13  If any horse of an entry or any horse grouped in the mutuel field leaves the starting gate in a valid start, all horses in the entry or mutuel field will be regarded as starters. In the case of a part of an entry or part of mutuel field which has become locked in the gate; such horse shall be considered a non-starter in regard to conditions for future races only.

17.14  The following rules related to starting gate safety shall be followed:

  1. At all starts, Associations shall have some method of mechanically removing the starting gate from the racing strip;
  2. In addition, a tractor shall be available at the starting gate for emergencies;
  3. No person shall ride on the starting gate while it is in motion, except the person steering the hind wheels. That person must be seated on the seat supplied for this purpose

17.15  Deleted.

17.16  No licensee of the Commission shall offer a benefit to the Starter or any of their assistants, directly or indirectly, nor shall the Starter or any of their assistants accept any benefit from any person in this regard, whether or not such person is licensed by the Commission.

17.17  Neither the Starter nor their assistants shall mistreat or use abusive language to a jockey.

 

Chapter 18: Placing Judges and Photo Finish Camera

Last Updated: 
2018-11-30

18.01.01  One or more Placing Judges shall occupy the Placing Judges’ stand at the time the horses pass the winning post in every race, and their duty shall be to place and record all horses in their order of finish.

18.01.02  In determining the places of the horses at the finish of a race, the Placing Judges shall consider only the relative position of the respective noses of such horses.

18.01.03  The Placing Judges shall cause to be prominently displayed the numbers of the first four horses in each race in the order to finish and shall be responsible for recording the fifth placing.

18.01.04  The Placing Judges shall make public their decisions as promptly as possible.

18.02.01  When the Placing Judges differ in their placements, the Stewards shall inspect the print prior to the official sign being posted and the decision of the Stewards shall prevail.

18.02.02  The Stewards shall confirm the decision of the Placing Judges as to the result of every race by declaring the result official, and the word “Official” shall be flashed or otherwise placed on the totalizator board, in a manner in which it may be clearly seen from any part of the grandstand.

18.02.03  Nothing in the Rules shall be construed to prevent the Placing Judges, with the approval of the Stewards, from correcting an error before the display of the “Official” sign or from recalling the “Official” sign in case it has been displayed through error.

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

18.03.02  Deleted.

18.03.03  If it is considered advisable to consult a picture from the photo finish camera, the Placing Judges shall post, without waiting for a picture, such placements as are in their opinions unquestionable, and, after consulting the picture, make the other placements.

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

Chapter 19: Racing Secretary and Handicapper

Last Updated: 
2018-11-30

See also Chapter 6: Entries and Subscriptions, Chapter 7: Declarations and Scratches, Chapter 8: Weights

19.01.01  The Racing Secretary shall maintain all ownership records in accordance with the Rules and the Directives of the Registrar.

19.01.02  All ownerships in a horse, except a trainer’s percentage of its winnings, shall be filed with the Racing Secretary, before the horse shall start, as also shall every subsequent change in ownership during the meeting.

19.01.03  The holder of a claim, including, but not limited to, a mortgage, bill of sale, lien or security interest of any kind against a horse entitling the holder thereof to a share in the horse’s earnings, shall file notice of same and the terms thereof with the racing secretary within 10 days of the claim’s coming into existence and in any event before the horse is entered. Failure of claimant to do so shall disentitle him to any share in the earnings of the horse until such time as notice is filed as aforesaid. The claimant shall be entitled to earnings of the horse subject to a claim only after filing in accordance with this rule.

19.02.01  The Racing Secretary shall receive all entries, scratches and declarations, and keep a complete record of all races, and keep him/herself informed of all names appearing on the Veterinarians’, Stewards’ and starters’ lists.

19.02.02  The Racing Secretary shall each morning, as soon as the entries have been closed and compiled, and the scratches and declarations have been made, post in a conspicuous place in their office a list of the entries, scratches and declarations.

19.03  The Racing Secretary shall compile the official program which shall contain the following information; the date, the number of the day of the meeting, the name of the Association and the officers and officials of the meeting, the order in which the races are to be run, the amount of each purse, the conditions and distance of each race, the post position number, name, age, colour, sex, breeding and assigned weight or any change in equipment of each horse, the name of each jockey and trainer, the name under which each owner is licensed to race and their racing colours. The program may contain other pertinent data.

19.03.01  All condition books, programs and other publications of a racing association dealing with a race meeting shall have displayed in a prominent place the following words:
    This race meeting is being conducted with the approval of the Alcohol and Gaming Commission of Ontario, and the Rules of Racing of the Commission apply to the conduct of all races and the racing association conducting this meeting has been licensed by the Commission.

19.04  Owners entering horses that have campaigned in countries other than Canada and the United States of America shall, at the time of entry, deliver to the racing secretary a record of all past performances of such horses in races wherever run in the current and previous year for dissemination to the press and the public. Provided, however, that if the owner is not in Ontario, the trainer of such horses shall be obliged to comply with this rule. Otherwise, the entry of such horses shall not be accepted without the permission of the Registrar.

19.05  The handicapper, who may be the racing secretary, shall be appointed by the Association and they shall:

  1. Assign the weights to be carried by each horse in a handicap;
  2. Append to the weights for every handicap the day and hour after which races won will make winners liable to weight penalties;
  3. If there are no penalties, append that fact to the weights;
  4. In case of omission, through error, of the name or weight of a horse duly entered, rectify the omission.

Chapter 20: Clerk of the Scales

Last Updated: 
2018-11-30

See also Chapter 8: Weights

20.01  The Clerk of the Scales or their assistant shall weigh all jockeys out and in.

20.02  The Clerk of the Scales shall promptly report to the Stewards any infraction of the Rules with respect to weight, weighing, or riding equipment.

20.03  The Clerk of the Scales shall record any over-weight or any change of jockey, weight, or racing colours, as compared with those stated on the official program and shall promptly inform the appropriate Racing Officials of all pertinent changes.

20.04  The Clerk of the Scales shall report to the racing secretary at the end of each racing day the weights carried by each horse in each race, together with the name of each horse’s jockey and the over-weight carried by any jockey. They shall also report the post time in each race and other information which may from time to time be required.

20.05  Jockeys are required to present themselves to be weighed out at the time fixed by the Clerk of the Scales.

20.06  The jockeys’ room custodian shall assist the Clerk of the Scales in the performance of his/her duties.

 

Chapter 21: Paddock Judge

Last Updated: 
2018-11-30

21.01.01  The Paddock Judge shall be in charge of the paddock.

21.01.02  It is the duty of the horse identifier under the supervision of the paddock judge to check all horses for every race and to have all horses properly identified.

21.01.03  The paddock judge shall keep a record of all equipment carried by all horses in all races, permitting no change in equipment not authorized by the Stewards.

21.01.04  The paddock judge shall, in every race, require the blacksmith in attendance in the paddock to see to it that all horses are properly shod. The paddock judge shall report immediately to the Stewards the findings of the blacksmith.

21.02  Other duties of the paddock judge shall be such as may be assigned him/her from time to time by the Stewards.

21.03  The paddock judge shall report any irregularities to the Stewards.

21.04  All horses shall be saddled in the paddock or walking ring unless the Stewards permit otherwise.

Chapter 22: Patrol Judges

Last Updated: 
2018-11-30

Deleted.

Chapter 23: Timers and Clockers

Last Updated: 
2018-11-30

23.01  There shall be one or more timers. They shall determine the official time of each race.

23.02  Deleted.

23.03  The time of each race shall be announced and prominently displayed.

23.04  Deleted.

23.05  Deleted. .

23.06  An Official Timer, to be appointed by the Association and approved by the Registrar, shall attend at an Association racetrack daily for morning workouts, shall time all workouts at such racetrack and make public the length and time of the workouts.

23.07  Every Commission licensee accompanying a horse to the racing strip for a workout shall correctly identify to the timer the horse, state the distance over which such horse is to be worked and the point on the racing strip where it is intended to start the workout.

23.08  Clockers shall not be permitted access to the stabling area of any racetrack unless they are licensed by the Commission. They shall restrict their activities to such parts of the racetrack as may be designated by the Association concerned.

Chapter 24: Registrar’s Discretionary Powers

Last Updated: 
2018-11-30

See also Chapter 13: Protests, Objections and Appeals, Chapter 16: Stewards

24.01  The Registrar may impose in his or her absolute discretion any or all the following penalties for conduct prejudicial to the best interests of racing, or for a violation of the Rules:

  1. Refuse the person admission to the grounds of an Association;
  2. Expel the person from the grounds of an Association;
  3. Suspend any Commission licensee for any length or time he or she may deem proper;
  4. Impose a penalty he or she deems proper;
  5. Rule a person off the turf for any length of time he or she may deem proper.

24.02 When there is no specified penalty for violations of the Rules or of the regulations of the Association, the Registrar has power to disqualify, assess a monetary penalty, suspend, expel from the course, rule off or otherwise sanction.

24.03  If any case occurs which is not or which is alleged not to be provided for by the Rules or if the imposition of the Rules would prove to be a hardship on any licensee, it shall be determined by the Registrar in such manner as he or she believes is in the best interest of racing. The Registrar may also, in his or her absolute discretion, at any time waive the breach of any of the Rules, which waiver or breach the Registrar does not consider prejudicial to the best interests of racing.

24.04  Monetary penalties imposed by the Registrar, the Stewards and the Starter are payable on the due date listed in the ruling. A licensee who fails to pay such a penalty may automatically become suspended on the second day following the due date on the ruling and they shall remain suspended until the penalty is paid.

24.04.01  Subject to Rule 9.14.01 penalties other than monetary penalties are effective forthwith or as of the date stated in the ruling except in the case of an appeal when they may be stayed by the HRAP.

24.05  When an owner is suspended, all their horses are likewise suspended from participation in racing and the suspension of such horses will be rescinded automatically upon the expiration of the owner’s suspension or by the Registrar if such horses are sold in good faith to a private purchaser or at public auction.

24.06  Any participant having been assessed a monetary penalty, suspended or expelled may be verbally advised by an official, which shall constitute proper notice. In any event, written notice or ruling shall be sent or delivered to the person penalized, and notice forwarded immediately to the Registrar.

Chapter 25: Review and Appeal

Last Updated: 
2018-11-30

See Chapter 13: Protests, Objections and Appeals, Rule 13.02

Chapter 26: Director

Last Updated: 
2018-11-30

26.01    The Director is the representative of the Registrar on the grounds of an Association when it is conducting a race meeting and he/she shall:

  1. In the performance of his/her duties, have unrestricted access to all buildings, stables, rooms and all other places within the grounds of any Association;
  2. Issue orders in the name of the Registrar, effective unless and until countermanded by the Registrar;
  3. Attend Thoroughbred Racing Meetings licensed by the Commission;
  4. Make such reports to the Registrar as he/she may see fit and supervise, in the performance of their duties, all Commission and Association officials and employees.

Chapter 27: Commission Veterinarians, Official Veterinarians and Other Veterinarians

Last Updated: 
2020-03-02

27.01  The Veterinary staff of the Commission shall be those veterinarians appointed by the Commission from time to time to officiate at thoroughbred race meetings; in these Rules all referred to as Commission Veterinarian or Official Veterinarian.

27.01.01  The Official Veterinarians shall be those veterinarians appointed by the Associations and approved by the Registrar to officiate at extended racing meetings. At the discretion of the Registrar, the duties of the Official Veterinarian may be assumed by the Commission Veterinarian.

27.02  During the period of their employment the Commission Veterinarian or Official Veterinarian shall not, without the approval of the Registrar, diagnose, treat or prescribe for any horse, for compensation or otherwise, except in case of emergency when they may do so without compensation of any kind except out of pocket expenses.

27.03  Any horse scratched by the Commission Veterinarian or Official Veterinarian or a licensed Veterinarian may be placed on a seven (7) day list. Any horse that has been placed on the Veterinarian’s List may be required to work one half (½) mile at the discretion of the Commission Veterinarian or Official Veterinarian. On the eighth day, the horse shall be eligible to be removed from the Veterinarian’s List and entered. Where entries are taken more than 72 hours in advance, a horse with the permission of the Commission Veterinarian may be entered. Any horse that has been on the Veterinarian’s List twice in a 30 day span shall be placed on the Veterinarian’s List and it shall be mandatory for the horse to work one half (½) mile to the satisfaction of the Commission Veterinarian or Official Veterinarian, no matter how long the horse has been on the Veterinarian’s List or turned out.

27.04  A Commission Veterinarian or Official Veterinarian shall be continuously in the paddock from the time the horses enter the paddock until they leave, and all horses shall be inspected by him/her. If in their opinion, any horse is not fit, sound and ready for racing, he/she shall recommend to the Stewards that it be scratched and the Stewards shall take such action as they deem fit.

27.05  A Commission Veterinarian or Official Veterinarian shall inspect all horses at the starting point of each race. If in their opinion, any horse is not fit, sound and ready for racing, he/she shall recommend to the Stewards that it be scratched and the Stewards shall take such action as they deem fit.

27.05.01  A Commission Veterinarian and/or Official Veterinarian shall inspect all lead and outrider ponies on a regular basis (no less than monthly) during each meeting, after advising the person/s in charge. If, in the opinion of the Commission Veterinarian and/or Official Veterinarian, any pony is not fit, sound and ready for its work purpose, they shall recommend to the Stewards that the pony not work and shall only return to work when, in the opinion of the Commission Veterinarian and/or Official Veterinarian, it is fit and sound.

27.06  A Commission Veterinarian or Official Veterinarian shall as quickly as possible inspect all horses regarding soundness which have been involved in a race or otherwise and he/she shall take appropriate action required in the examination of such horse/ horses.

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

27.08    A Commission Veterinarians or Official Veterinarians shall keep a list to be called the Commission Veterinarians’ or Official Veterinarians’ List (otherwise referred to as the Vets’ List) upon which shall be entered the name of any horse which any Commission Veterinarian or Official Veterinarian considers unfit, unsound or not ready for racing. During the time a horse’s name is on such list, it shall not race in Ontario, nor shall it be entered in any race, except that it may be nominated in a stakes race. Only a Commission Veterinarian or Official Veterinarian shall remove a horse’s name from the Vets’ List and shall do so only when, in their opinion, the horse is fit, sound and ready for racing.

27.09    Any owner or trainer whose horse has been placed on the Commission Veterinarians’ or Official Veterinarians’ List may apply at any time to a Commission Veterinarian or Official Veterinarian for their examination of such horse, and such examination shall be conducted within 24 hours of the request for it, provided that the horse is stabled at a convenient track.

27.09.01  A horse scratched from the official race program by a veterinarian and placed on the Commission Veterinarian’s List is ineligible to record an official workout within two days of having been a veterinarian scratch without the permission of the Official Veterinarian or Commission Veterinarian or the Stewards.

27.10  A Commission Veterinarian or Official Veterinarian shall observe the horse so examined standing in its stall, walking and trotting. Provided, however, the horse shall be trotted on a racing-strip or worked on a racing-strip if requested by either the Veterinarian or horseperson.

27.11  Such horse shall be observed at the end of the work, if any, and cooling out, and the Commission Veterinarian or Official Veterinarian shall then inform the horseperson that their horse is to remain on the Commission Veterinarians’ or Official Veterinarians’ List or when it will be removed from this list, as the case may be.

27.12  In the interest of equine health, and in connection with horses being shipped into any Ontario race track, a Commission Veterinarian or Official Veterinarian may examine any horse at their discretion after advising the trainer or person in charge of such horse of their intention to do so.

27.13  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, Stewards or their delegates upon request.

27.14  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.

27.15  Deleted.

27.16.01  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.

27.16.02  A veterinarian may comply with the requirements with 27.16.01(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.

27.16.03  A veterinarian may comply with 27.16.01(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 27.16.01(c), (d) and (e) if he or she provides the 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.

27.16.04  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.

27.17  A veterinarian may be held wholly or partially responsible if any drug, substance or medication administered or prescribed by him or her is a cause for:

  1. The issuance of a certificate of positive analysis under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada);
  2. An excess level of total carbon dioxide for purposes of the Rules; or
  3. The detection of the antibodies of erythropoietin or darbepoetin for purposes of the Rules, or
  4. A violation of Rule 15.38.

and, if held wholly or partially responsible, may be subject to a monetary penalty and/or suspended by the Stewards.

27.18  Deleted.

27.19  When a horse has been pulled up during a race it must fulfil the following conditions before it is eligible to be entered to race:

  1. Have a recorded work;
  2. Must meet the conditions of Rules 27.03 and 27.08.

27.20.01  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. Directions for use; and
  7. Detection limit determined in accordance with Rule 27.16.

27.20.02  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.

27.21   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.

Chapter 28: Outriders

Last Updated: 
2018-11-30

28.01   There shall be two or more outriders at all tracks while racing is being conducted and one of them shall be on duty during training hours. Exceptions to this rule will require the authorization of the Registrar.

28.02   Clothing of outriders shall be provided by the Association and shall be kept clean and neat.

Chapter 29: Trainers, Assistant Trainers and Substitute Trainers

Last Updated: 
2020-03-02

29.01  A trainer must register with the Racing Secretary of each Association all horses in their charge, stating the name, colour, sex, age and breeding of each and the name of the owner. Such registration may be made by the owner but in all cases the name of both owner and trainer must be given.

29.02.01  A trainer may represent the owner in the matter of all entries, scratches, declarations and the engagement of jockeys, veterinarians and tradesperson. (Attention Rule 6.10.3).

29.02.02  An owner wishing to deny or restrict the authorization given under Rule 29.02.1 shall give notice of their intentions to the trainer and to the Stewards, such notice shall be by personal service or registered mail.

29.03  If a trainer is to be absent from the track where their horses are participating in races, he/she must obtain a licensed trainer to substitute for him/her during their absence. Such a substitute trainer must be approved by the Stewards upon forms approved by the Registrar. The original trainer is responsible for the horses he/she has entered prior to their absence from the track. The substitute trainer will then become responsible for any additional horses entered by either trainer.

29.03.01  An Assistant Trainer or employee who has ownership wholly or in part of a horse must have that horse stabled with his/her employer. Exception to this rule may be granted by the Stewards.

29.04  A trainer shall be responsible for the condition of a horse trained by him/her and it shall constitute a violation of the Rules for a trainer to knowingly enter a horse that is unfit. It shall also constitute a violation of the Rules for a trainer to race a horse with defective, worn out, or unsafe equipment.

29.04.01  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, which may include the use of safety reins.

29.05  Upon any occupational licensee leaving an owner’s or trainer’s employ, the said employer shall notify the Commission Agent accordingly, who in turn shall inform the Security Chief. It shall be a violation of the Rules for a trainer to employ unlicensed help.

29.06  If an owner changes his/her trainer he/she shall notify the racing secretary and cause the new trainer to sign his/her name on the owner’s registration. This shall be done only after the Stewards have approved the transfer authorization, having satisfied themselves that obligations regarding finances have been met.

29.07  For racing, all horses shall be shod with racing plates, unless otherwise permitted by the Stewards.

29.08  No horse may be admitted into an Association grounds unless the Foal Registration Certificate is accepted by, and on file with the Racing Secretary’s office, and that horse is on the stall list of its trainer. In the event this horse is racing or training from stabling off the Association grounds the papers must be accepted by, and on file with the racing secretary’s office. The Stewards may grant exceptions from all or any of these conditions at their discretion.

29.09 Any owner, trainer, assistant trainer, Authorized Agent, pony person or any other person who places any licensee in a horse related occupation on their payroll at the race track must cover that licensee under the Workplace Safety and Insurance Board Act and keep that individual covered under this Act throughout the time he/she is in their employ at the racetrack. Trainers shipping in from outside of Ontario must satisfy the Stewards that their employees have equivalent coverage

29.09.01  Deleted.
(Note: 29.09, above, remains.)

29.10  A person shall not train horses or be programmed as a Trainer or Assistant Trainer of record, without first having obtained a trainer or assistant trainer licence valid for the current year by meeting the standards for trainer or assistant trainer as laid down by the HBPA.

29.11.01  Upon the demonstration of a valid need, a trainer may employ an assistant trainer as approved by the Stewards. The assistant trainer shall be licensed prior to acting in such capacity on behalf of the trainer.

29.11.02  Qualifications for obtaining an assistant trainer’s licence shall be prescribed by the Stewards and the Registrar and may include those requirements prescribed in Rule 29.10.

29.11.03  An assistant trainer may substitute for and shall assume the same duties, responsibilities and restrictions as imposed on the licensed trainer. In which case, the trainer shall be jointly responsible for the assistant trainer’s compliance with the rules governing racing.

29.12.01  A trainer absent for more than five days from their responsibility as a licensed trainer, or on a day in which the trainer has a horse in a race, shall obtain another licensed trainer to substitute.

29.12.02  A substitute trainer shall accept responsibility for the horses in writing and be approved by the Stewards.

29.12.03  A substitute trainer and the absent trainer may be jointly responsible for the condition of their horses entered in an official workout or race.

29.13  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 as a veterinarian.
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.

29.14  Deleted.

29.15  Any horse under the care and control of a licensed trainer must have a current negative Coggins test. A lapsed Coggins test may result in the horse being removed/barred from the grounds by the Association and/or barred from racing.

 

Chapter 30: Apprentice Jockeys

Last Updated: 
2020-03-02

30.01  Apprentice jockeys shall be bound by all the Rules for jockeys, except insofar as the Rules may be in conflict with the Rules for apprentices in this Chapter.

30.02  A copy of all apprentice jockey contracts or certificates, wherever made, shall be filed with the Commission.

30.03  Apprentice Jockey certificates may be entered into for a period of three years.

30.04  A first application for an apprentice jockey’s licence shall be accompanied by:

  1. Evidence that the applicant has had at least one year’s experience with a racing stable which is acceptable to the Stewards;
  2. His/her birth certificate or acceptable proof of his/ her date of birth.

30.05  No apprentice shall ride in a race for two-year-olds without permission of the Stewards.

30.06  No apprentice shall carry a whip in a race until he/she has ridden in at least five races and then only with the permission of the Stewards.

30.07  Only races reported in an industry-recognized database, such as Equibase shall be considered in determining the allowance to which an apprentice jockey is entitled.

30.08  Upon an apprentice jockey losing all rights to claim an apprentice jockey allowance, he/she shall not ride again without the permission of the Stewards until they have been granted a jockey licence by the Commission.

30.09  Deleted.

30.10  A time allowance in addition to one calendar year from his/her fifth winner will be made for an apprentice jockey who does not accept riding engagements after the end of the Ontario season. In such case, he/she will receive a time allowance equal to the number of days from the close of one season’s racing in Ontario to the opening of the next season’s racing in Ontario:

  1. Provided the apprentice jockey has ridden his/her first and fifth winners during the course of a single 12-month period;
  2. And provided, the time allowance shall not extend beyond the next racing season following the date of his/her fifth winner;
  3. And provided the apprentice jockey has ridden the majority of their races in Ontario during the year prior to the said winter extension, and subsequently rides the majority of their races in Canada during the period of that extension.

Extension or modifications shall be granted only with the permission of the parties to the contract or certificate.

30.11  Any apprentice jockey licensed by the Commission who is injured during the course of their duties and becomes incapable of riding for a period of at least 7 days or any such jockey who becomes incapable of riding for a period of 7 days as a result of an accident or illness over which he/she has no control is entitled to an extension of the same duration. This claim for an extension must be accompanied by a doctor’s certificate stating said injury, accident or illness had prevented the apprentice jockey from pursing their profession for a specific period of time. Any apprentice jockey who is prevented from riding as a result of a restriction on racing for more than 7 days may apply to the Stewards or the Registrar for an extension for the period of time that racing was restricted.

30.12  Allowances made under this Chapter must be claimed at the time of entry, and the owner concerned shall not abandon any allowance to which an apprentice is entitled without permission of the Stewards, who may grant or withhold such permission as they may deem proper. Such allowances shall be designated on the entry sheets as follows:
5 pounds   X      10 pounds   XXX

30.13  Subject to Rule 4.04.2 the Stewards or other person designated by the Registrar may grant a certificate to any person who qualifies under the conditions set forth for an individual to be licensed as an apprentice jockey. The said certificate may be refused by the Registrar.

30.14  The granting of the certificate shall permit the holder to be licensed as a free-lance apprentice jockey and shall be approved by the Stewards or other person designated by the Registrar after the applicant has displayed acceptable qualifications. The said certificate may be refused by the Registrar.

30.15  Upon compliance with these requirements, an apprentice jockey certificate will entitle the holder to claim the following weight allowances in all overnight races, except handicaps, provided he/she qualifies under Rule 30.18.

  1. 10 pounds for the first five winners;
  2. 5 pounds for the next forty winners or for one year from the date of his/her fifth winner, whichever happens last;
  3. If in that year he/she has not ridden forty-five winners, the allowance will continue for three years from the date of their first race, or until he/she has ridden forty-five winners, whichever happens first.

30.16  Provisions of contracts and certificates previously in force in Ontario and elsewhere will be recognized by the Registrar.

30.17  All apprentice jockeys’ licences shall be granted on a probationary basis. The Stewards may suspend this licence for any period of time determined by them if in their opinion the apprentice requires more experience or expertise before being allowed to continue riding. If the Stewards act under this rule they may make whatever adjustments they deem necessary in regard to apprentice allowances for the apprentice in question.

30.18  No weight allowances granted an apprentice jockey shall extend past three (3) years from the date of their first race with the exception of medical extension(s). If medical extension(s) have been granted the weight allowances shall extend past three (3) years only for the total number of days granted in said extension(s). To qualify for a medical extension a medical certificate acceptable to the Registrar confirming the requirement for an extension, must be provided prior to the termination of the apprentice jockey’s allowances.

30.19  In all overnight races, when drawing post positions, if the rider/riders named at the time of entry is/are not available at the time of the draw, and an apprentice rider is then named by either the Owner, Trainer, or the Stewards, the apprentice rider so named will be allowed his/her apprentice weight allowance.

30.19.01  In all overnight races, with permission of a Steward, an apprentice weight allowance may be claimed up to the time the mutuels open.

 

Chapter 31: Stable Names

Last Updated: 
2020-03-02

31.01  Stable names or changes of stable names shall be registered with the Commission.

31.02  A stable name shall not be used unless annually registered and remains in effect only during the year for which the fee is paid.

31.03  A stable name may be changed at any time by registering a new stable name.

31.04  No one shall register as his/her stable name one which has been already registered by any other person, or the real name of any other owner of race horses, nor one which is the real or assumed name of any prominent person not owning race horses.

31.05  Any person who has registered a stable name may, at any time, abandon it by giving notice to the Registrar, after which all entries which have been made in the stable name shall be altered to the real name of the owner.

31.06  A trainer, who is a licensed owner or part owner, may register a stable name as owner or part owner. (See also Rule 4.09.)

31.07  Upon request to the Registrar and/or the Racing Association, the real names of persons who race under stable names shall be disclosed and the Registrar shall cause a list of all stable names currently granted by the Registrar and the persons who race under such stable names to be kept up to date.

31.08  A person can have only one stable name at any time, and so long as he/she has a registered stable name he/she shall not race any horse except under that name, with the exception that an owner may race under their own name and be involved as a partner in one stable name.

31.09  If the horses of a Partnership are to be run in the name of a member of a Partnership, such name need not be registered as a stable name, but all horses of the Partnership must be run under either (a) in the names of all members of the Partnership, or (b) one name of a partner plus “and partner” or “and partners” as applicable.

31.10  A stable name shall be plainly distinguishable from that of another duly registered stable name.

31.11  A corporate name shall be considered as a stable name for the purposes of the Rules but the Registrar reserves the right to refuse any corporation the privilege of registering a stable name.

31.12  Deleted.

 

Chapter 32: Partnerships

Last Updated: 
2018-11-30

32.01  For the purposes of this chapter Syndicates and Joint Ventures which are not in the form of Limited Partnerships or Corporations shall be deemed to be Partnerships.

32.02  Partnerships must be registered with the Commission.

32.03  Partnership registration papers shall, among other things, set forth the following:

  1. The name and address of every person having any interest in the horses involved;
  2. The relative proportions of such interests;
  3. To whom the winnings are payable;
  4. In whose name the horses shall run;
  5. With whom the power of entry and scratching rests;
  6. The terms of any contingency, lease or other similar arrangement.

32.04  Any individual or entity owning at least five (5%) percent of any horse in a Partnership must be licensed as an owner. In the event a Partnership does not contain at least two (2) individuals or entities that each has at least a five (5%) percent interest therein, then two (2) partners shall be designated to represent the Partnership and must be licensed as owners.

32.05  In the event that a Partnership contains members that are not required to be licensed under Rule 32.04, those members that are required to be licensed under Rule 32.04 must file a Statutory Declaration that no member of the Partnership is ineligible for licensing in any racing jurisdiction or is currently suspended by any Racing Authority. If a member of a Partnership not required to be licensed under Rule 32.04 is a Corporation, such Statutory Declaration shall also state that all officers, directors and shareholders of such Corporation are eligible for licensing.

32.06  In any Partnership, any member required to be licensed under Rule 32.04, which is a Corporation or a Limited Partnership, shall also satisfy the provisions of this chapter relating to Corporations and Limited Partnerships.

32.07  An alteration in the Partnership registration papers or contents thereof must be reported in writing to the Registrar and signed by all the partners.

32.08  All members of a Partnership and each of them shall be jointly and severally liable for all stakes and other obligations.

32.09  Any claim not signed by all members of a Partnership shall not be recognized unless the Partnership has licensed with the Commission an Authorized Agent with the power to claim on that Partnership’s behalf and said Agent has signed the claim in question.

32.10  If the members of a registered Partnership decide to race their horse or horses in a single designated name, other than a stable name, the name and the phrase “and partner(s)” shall be carried on the daily racing program.

Limited Partnerships

32.11  Limited Partnerships must be registered with the Commission.

32.12  Limited Partnership registration papers shall, among other things, set forth the following:

  1. The name and address of the General Partner and of each Limited Partner;
  2. The proportional interest owned by the General Partner and each Limited Partner;
  3. To whom the winnings are payable;
  4. In whose name the horses shall run;
  5. With whom the power of entry and scratching rests;
  6. The terms of any contingency, lease or other similar arrangement.

32.13  All Limited Partnership registration papers shall be signed by the General Partner.

32.14  The General Partner must be licensed as an Owner and in the event the General Partner is a Corporation it must satisfy the provisions for licensing as required in this Chapter relating to Corporations.

32.15  The General Partner must file a statutory declaration that no Limited Partner is ineligible for licensing in any racing jurisdiction or is currently suspended by any racing authority. In the event that a Limited Partner is a Corporation, such statutory declaration shall also state that all officers, directors and shareholders of such Corporation are eligible for licensing.

32.16  Any alteration in the Limited Partnership registration papers or contents thereof must be reported in writing to the Registrar and signed by the General Partner.

32.17  Any claim not signed by the General Partner shall not be recognized unless the General Partner has licensed with the Commission an Authorized Agent with the power to claim on the Limited Partnership’s behalf and said Agent has signed the claim in question.

32.18  If the General Partner does not decide to race under a stable name, the name and phrase “limited Partnership” shall be carried on the daily racing program.

Corporations

32.19  On the renewal of any licence involving a corporation, the structure of the corporation must be re-filed to provide the names and addresses of all shareholders holding more than five (5) percent of the voting shares of the corporation.

32.20  Corporate registration papers shall, among other things, set forth the following:

  1. The head office address of the Corporation;
  2. The name and address of every director and officer and each shareholder holding or controlling five (5%) percent or more of the capital stock in the corporation;
  3. The proportional interest of each shareholder holding or controlling five (5%) percent or more of the capital stock in the corporation;
  4. To whom the winnings are payable;
  5. In what name the horses shall run;
  6. With whom the power of entry and scratching rests;
  7. The terms of any contingency, lease or other similar arrangement.

32.21  In corporations where one individual is both the sole officer and director, such individual must be licensed as an owner. In all other corporations two (2) officers, who are also directors, must be licensed as owners.

32.22  All corporate registration papers shall be signed by those officers/directors who are required to be licensed as owners.

32.23  The officers/directors required to be licensed as owners pursuant to rule 32.21 shall file a statutory declaration that no officer, director, or shareholder is ineligible for licensing in any racing jurisdiction or is currently suspended by any Racing Authority.

32.24  If any shareholder holding or controlling at least five (5%) percent of the capital stock in the Corporation is a Partnership, Limited Partnership or Corporation, it must make similar full disclosure as required by those entities under the Rules of this chapter.

32.25  Any alteration in the corporate registration papers or contents thereof must be reported in writing to the Commission and signed by the officers/directors required to be licensed as owners under Rule 32.21.

32.26  Any claim not signed by the officers/directors required to be licensed as owners under Rule 32.21 shall not be recognized unless the said officers/ directors have licensed with the Commission an Authorized Agent with the power to claim on the Corporation’s behalf and said Agent has signed the claim in question.

32.27  Subject to the provisions of Chapter 31, a corporate name shall be considered as a stable name for the purposes of the Rules.
General Provisions

32.28  Any person having an interest in more than one racing entity must be licensed with the Commission.

32.29  Notwithstanding the provisions in the Rules or in any registrations with the Commission pursuant to such Rules, winnings may, subject to lawful assignment or court order, be made by a Racing Association to such entity or entities as, according to the documents the Racing Association has received from the Registrar, appear to be the entity or entities entitled to be paid such winnings, and such payment shall constitute valid payment of those winnings.

32.30  Any Partnership, Limited Partnership or Corporation in which any participant is not eligible for licensing or is currently suspended shall itself not be eligible to race any horse until the ineligible or suspended participant completely disassociates himself, herself or itself from the Partnership, Limited Partnership or Corporation.

32.31  The Registrar or the Stewards may demand submissions of any further statutory declarations they deem necessary in regard to full disclosure of ownership or beneficial ownership under the Rules of this chapter and may prevent the entering of horses until such statutory declarations have been placed on file.

Chapter 33: Authorized Agents

Last Updated: 
2020-03-02

33.01  Owners shall be responsible for ensuring that all information with respect to Authorized Agents appointed to act on their behalf is current and registered with the Commission, failing which a claim may be invalidated..

33.02  Any change in or revocation of an Authorized Agent appointment shall not be effective until registered with the Commission.

33.03  Deleted.

33.04  Persons appointed as Authorized Agents shall be licensed as Authorized Agents.

33.05  A joint Partnership appointing an authorized agent is deemed to be solely for that entity and not to be used independently for any one individual in the Partnership.

 

Chapter 34: Canadian-Bred Horses

Last Updated: 
2020-06-29

34.01  In all races except handicaps, stakes and races where conditions expressly state to the contrary, a weight allowance of three pounds will be made for Canadian-bred two-year-old horses in two-year-old races and Canadian-bred three-year-old horses in three-year-old races.

34.02 Canadian-bred horses, to be eligible to enter and start in Canadian-bred races, or to receive Canadian-bred weight allowances in other races, shall have their Canadian-bred status confirmed in one of following two ways:

  1. By Ontario Racing confirming the Canadian-bred status of the horses to the Association, where the trainers of such horses have filed with Ontario Racing evidence of such status, or
  2. By the trainer of a Canadian-bred horse by filing with the Association Canadian Thoroughbred Horse Society registration papers or recorded numbers thereof.

Chapter 35: Visual Acuity and Colour Blindness Tests

Last Updated: 
2018-11-30

Deleted.

Chapter 36: Ontario Thoroughbred Exercise Induced Pulmonary Hemorrhage (EIPH) Program

Last Updated: 
2020-03-02

36.01  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 another jurisdiction and has not been enrolled in the EIPH Program prior to the time of entry of the subject race.  This submission must be received by AGCO by the 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 Stewards 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.

36.01.01  Deleted.

36.01.02  Deleted.

36.01.03  Deleted

36.02  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 Stewards may accept an entry provided any required documentation is filed with and accepted by the Stewards, four and one half (4½) hours before post time of the race for which the horse is entered.

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

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

36.04.01  Deleted

36.04.02  Deleted

36.05  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.

36.05.01  Deleted.

36.05.02  Deleted.

36.05.03  Deleted.

36.05.04  Deleted.

36.05.05  Deleted.

36.06  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.

36.07  A certified horse will receive furosemide in its stall in the presence of the trainer of record and/or their representative no earlier than 4 hours and 15 minutes and no later than 3 hours and 45 minutes before the published post time for the race in which the horse is to compete. Any certified horse not receiving furosemide within the specified time shall be automatically scratched.

36.08  The certified horse must be medicated with 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).

36.09  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.

36.10  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.

36.11.00  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.

36.11.01  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.

36.11.02  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.

36.11.03  In the event that a horse bleeds from its nostrils in violation of rules 36.11.00 – 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 Stewards, that on bronchoscopic examination there was no blood in the trachea or bronchi, the Stewards may waive the provisions of 36.11.00 – 36.11.02.

36.12  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.

36.12.01  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 which must be received at time of entry. 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).

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

Chapter 37: TCO2 Testing Program

Last Updated: 
2018-11-30

37.01  An excess level of total carbon dioxide (TCO2) in a race horse is deemed to be adverse to the best interests of horse 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 37.06. Where the TCO2 level, based upon such testing equals or exceeds the following levels, the Stewards or Administration shall order the relief authorized pursuant to Rule 37.07:

  1. Thirty-seven (37) or more millimoles per litre of blood for horses not competing on furosemide; or
  2. Thirty-nine (39) or more millimoles per litre for those horses competing on furosemide at a track where the EIPH Program is offered.

37.02  Approved TCO2 Laboratory
In any part of Chapter 37, approved TCO2 laboratory means a laboratory approved by the Registrar under Rule 37.03, to conduct the testing of horses in accordance with Rule 37.06.

37.03  Laboratory Approval Process
The Registrar may approve a laboratory under Rule 37.02, 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 horses in accordance with Rule 37.06; and
  2. The laboratory conducts the testing of horses in accordance with Rule 37.06; 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 or person, that will allow the Registrar or person to audit the laboratory operations for the purposes of determining its compliance with the requirements of Rule 37.03 (a) and (b).

37.04  Withdrawal of Approval
The Registrar may withdraw its approval under Rule 37.03 if the approved TCO2 laboratory, in the opinion of the Registrar, does not comply with the provisions of Rule 37.03 or 37.06.

37.05  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 horses in accordance with Rule 37.06.
Each Association is required to engage the approved TCO2 laboratory to obtain up to 24 samples per live race day over the period of the meet.

37.06  Testing Procedures
All horses that race are eligible to be selected by the Stewards for blood gas testing. The entry of a horse shall constitute permission for a person designated by the approved TC02 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 may 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 Stewards or Administration. Such refusal shall be deemed an admission of a violation of Rule 37.01 empowering the Stewards 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 post-race testing to see that the horse is taken directly to the testing barn or retention area immediately after being notified of the horse’s selection for testing.
Commission Stewards will select the horses to be tested and advise the approved TC02 laboratory personnel accordingly. Commission Stewards may also instruct the approved TC02 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, 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 35 minutes immediately preceding the start of the race in which the selected horse is entered, or as directed by a Commission Steward. The Stewards 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 Stewards;
  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 the 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 Registrar and the Canadian Pari-Mutuel Agency.

37.07  Penalties
Where the TCO2 level in a horse is determined to equal or exceed the levels set forth in Rule 37.01 above, the Stewards or Administration shall assess penalties in accordance with Policy Directive: Guidelines – Penalties for Equine Drug, TCO2 and Non-Therapeutic Drug Violations.

37.08  Quarantine
If the level of TCO2 is determined to equal or exceed those set forth in Rule 37.01 above, and the licensed owner or trainer of that horse contends in writing to the Stewards 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 Stewards 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 Stewards 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 Rule 37.01 above is physiologically normal for that particular horse, the Stewards shall not order the relief set forth in Rule 37.07 above and the horse shall be permitted to compete. In such case, the Stewards or staff of the Commission 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.

Chapter 38: Alcohol and Drug Violations - Human

Last Updated: 
2018-11-30

38.01  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 38.03(a) or until tested or advised by a Commission Representative under 38.03(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.

38.02  A licensee in a Safety Sensitive Position called in unexpectedly activities of a Safety Sensitive Position in a manner that would violate 38.01(b), (d), (f), or (h) shall decline the request.

38.03  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.

38.04  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 Co-ordinator;
  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 38.01, 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 38.13 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.

38.05  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.

38.06  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.

38.07  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.

38.08  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.

38.09  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.

38.10  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.

38.11  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 38.05, 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. In 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.

38.12  Penalties for Violations of 38.01 – Safety Sensitive Positions

  1. The penalties for a violation of 38.01(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 38.01, other than 38.01(d), and 38.02 and 38.03 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.

38.13  Post Violation Agreements
A licensee or Designated Racing Official who has violated any of 38.01, 38.02, or 38.03 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.

38.14  Immediate Suspension and Referral – Refusal to Test, Adulterating or Tampering with Sample
Where a licensee refuses to undergo testing as required by this Rule 38 or adulterates or tampers with, or attempts to adulterate or tamper with, a sample provided under this Rule 38, 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.

38.15  Nothing in this Rule 38 restricts a Steward’s authority to impose a penalty under 16.13, or the Registrar’s authority under 16.14, for 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.

38.16  Nothing in this Rule 38 restricts a Steward’s authority under 16.13 or the Registrar’s authority under 16.14 to impose a penalty under that rule in circumstances where the Steward 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.

38.17  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 Stewards violates these rules and shall be subject to a monetary penalty or suspension, or both.

38.18  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.

Chapter 39: Out of Competition Program

Last Updated: 
2018-11-30

39.01    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.

39.02    The samples provided pursuant to the Rules will be taken by a veterinarian employed by the Commission an Official Veterinarian, or a 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.

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

39.04    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.

39.05    The failure or refusal, following notification as described in Rule 39.04 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 Ontario; and
  3. The owner or trainer may become subject to a monetary penalty and/or suspension.

39.06    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.

39.07    The Registrar may direct a laboratory to retain and preserve samples for future analysis.

39.08    The Registrar may, at his or her discretion fix a time period that the sample(s) will be stored for, and may order the destruction of stored samples as he or she sees fit.

39.09    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 horseracing.

Access shall be granted for the purposes of:

  1. Conducting inspections for illegal or non-therapeutic medications or drugs, including any drug, substance, article or medication listed in Rule 15.31.01,or other device described in the Rules; and/or
  2. Subject to the Horse Racing Licence Act, 2015, seizing any suspected illegal or non-therapeutic medication or drugs, including any drug, substance, article or medication listed in Rule 15.31.01, 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 39.09, 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 workout;
  2. A horse qualified to race in Ontario;
  3. A horse entered to race in Ontario; and/or
  4. A registered Thoroughbred.

 

Chapter 40 – Concussion Protocol

Last Updated: 
2020-05-12

Definitions:

Qualified Medical Professional means a medical professional able to diagnose a concussion.

Qualified Person means an individual who has successfully completed the Sport Concussion Assessment Tool 5th Edition (SCAT5) training or equivalent on identifying signs and symptoms of concussion.

Fit for Duty means that the licensee is medically cleared to meet all of his or her obligations pursuant to the Rules of Racing and may include conditions or limitations as directed by a Qualified Medical Professional.

Requirements:

  1. Associations shall have a Qualified Person present at the racetrack whenever jockeys or exercise riders are racing or exercising horses.
  2. Where a Steward becomes aware that a jockey or exercise rider may have suffered a concussion, the Steward shall refer the jockey or exercise rider to the Qualified Person and the jockey or exercise rider must immediately report to the Qualified Person.
  3. The Qualified Person will make an initial assessment and determine whether or not the jockey or exercise rider must be referred to a Qualified Medical Professional for diagnosis and notify the Steward of his or her determination.
  4. Where a referral is made to a Qualified Medical Professional, the Steward will issue a ruling that the jockey or exercise rider is suspended from engaging in his or her obligations under the Rules of Racing until such time as he or she provides a note from a Qualified Medical Professional that he or she is Fit for Duty, and a subsequent ruling is issued to reinstate his or her licence.
  5. Anyone required to obtain a Fit for Duty note from a Qualified Medical Professional is required, prior to receiving the note, to explain the full scope of his or her requirements under the Rules of Racing to the Qualified Medical Professional.
  6. Neither the ruling suspending the jockey or exercise rider, nor the ruling reinstating the jockey or exercise rider, is appealable to the HRAP.
  7. Any licensee with knowledge of a jockey or exercise rider having suffered an incident while exercising or racing a horse at the racetrack shall promptly report this to the Stewards.