Rule 15.09 A claimed horse, regardless of ownership:
«Continued »
(b) shall only be entered in a claiming race within 15 days of the horse being claimed, if it is entered in a claiming race in a class higher than the race from which it was claimed. For the purpose of this requirement, a “class higher “shall be not less than 20 % more than the amount for which the horse was claimed.
(b) Deleted
«Continued »
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Wednesday, July 28, 2010 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective September 15, 2010, except where noted otherwise.
Please note: Additions to rules are noted in bold.
Chapter 2
Preference Date means a date in which a horse has been drawn in to start.
Chapter 6
Rule 6.02 Violation of the following shall make offenders liable to a fine or suspension:
Penalty for an infraction of Rule 6.02(i):
Rule 6.48.02 The holder of a licence as an owner and/or trainer issued by the Commission shall constitute permission to allow a person designated by the Director to collect or otherwise obtain biological samples from any horse owned and/or trained by a licencee, 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 Director. The application for a licence as an owner and/or trainer issued by the Commission shall constitute permission for a person designated by the Director to obtain that blood sample for such purposes.
NEW Rule 6.53 No person shall administer, attempt to administer, or cause to be administered, any medication by a nasogastric tube to a horse on race day prior to its race, except for emergency treatment, which treatment will result in the horse being scratched from the race.
Chapter 8
Rule 8.14 A veterinarian who dispenses a drug or medication shall label the container in which the drug or medication is dispensed with the following information:
(Effective date of this amendment shall be subject to the closing of the public process)
Chapter 15
Rule 15.09 A claimed horse, regardless of ownership, shall only race at a track or tracks in the province of Ontario for the next 60 days, except where such horse has been nominated to participate in an added money event before it was claimed, or unless the track where the horse was claimed closes for more than 30 days. In the case of a track closing for more than 30 days, the horse is released from the provisions of this rule the day after the track closes. For the purposes of this rule, racetracks operated by Woodbine Entertainment Group shall be considered one track. Any person who violates this rule shall be subject to a suspension or fine of 10% of the claiming price or 100% of the purse for each race, whichever is greater and the horse may be suspended. A claimant shall be held in violation of this rule if he or she disposes of the horse in any manner other than by claiming and the horse races outside of the Province of Ontario within 60 days of the horse being claimed.
Chapter 17
Rule 17.10 Starters and also eligibles for overnight events shall be drawn by lot from horses properly declared to start, except that preference shall be given according to a horse’s last scheduled start in a purse race, other than races designated as schooling races, at the gait for which it is declared. In addition, preference shall be governed by the following:
Rule 17.12.02 If 17.12.01 (a) or (b) applies to an owner, the horse may race as a separate betting interest, with the approval of the Judges, if the owner is not required to be licensed under the rules, or is an added money event.
Chapter 18
Rule 18.08.02 A horse while on stride, or part of the horse’s sulky, that leaves the race course by going inside the pylons which constitutes the inside limits of the course, when not forced to do so as a result of the actions of another driver and/or horse, shall be in violation of this rule. In addition, when an act of interference causes a horse, or part of the horse’s sulky, to cross inside the pylons and the horse is placed by the Judges, the offending horse shall be placed behind the horse with which it interfered.
For purposes of placing the following shall apply:
Drivers who in the opinion of the Judges leave the racing course when not forced to do so as a result of another driver and/or horse may be fined or suspended.
Penalties for drivers violating Rule 18.08.02 are as follows:
Chapter 20
Rule 20.03.01 Where a horse, entered to race, is scratched by the judges, as a result of the horse having received any:
the judges may impose a fine upon the trainer of the horse unless the trainer satisfies the judges that the medication, medical procedure or treatment was in the best interests of the health of the horse.
Chapter 22
Rule 22.25 Any trainer who wishes to change any bridle, hopples, length of hopples or shoes on a horse from one race to another shall apply to the Judges at least one (1) hour prior to the first scheduled post time of the day, or a time prescribed by the Association, for permission to do so, and no change shall be made without such permission. The Judges shall assure themselves of the necessity for any change of bridles, hopples, length of hopples or shoes before granting permission. Any such change, or change(s) of a nature which the Judges are of the opinion that the public should be advised shall be communicated to the public as soon as possible.
NEW Rule 22.32.01 Where, after the horses were released at the starting point the Judges determine that due to exceptional circumstances a race was prevented from having a fair chance to be contested, in the interest of the public the judges may order the race stopped.
Rule 22.38.05 All horses that race are eligible to be selected by the Judges for blood gas testing. The entry of a horse shall constitute permission for a person designated by the approved 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 Judges. Such refusal shall be deemed an admission of a violation of Rule 22.38 empowering the Judges to hold a hearing whereby the penalties contemplated by 22.38.06 may be imposed. 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 Judges will select the horses to be tested and advise the approved TC02 laboratory personnel accordingly. Commission Judges may also instruct the approved TC02 laboratory personnel to collect samples from every horse in selected races.
The approved TC02 laboratory is responsible for:
NEW Rule 22.39 An owner and/or trainer wishing to race a horse upon the grounds of an association in accordance with the regulations set forth by the Canadian Pari-Mutuel Agency for the use of penicillin G procaine must so declare on the applicable form which fulfills the requirements of the Canadian Pari-Mutuel Agency. This form must be signed by the horse’s veterinarian or trainer and deposited in a locked box in a place designated by the Ontario Racing Commission or provided to a test inspector no later than one half (½) hour before the post time of the race in which the horse is entered.
Chapter 31
Rule 31.01 A Standardbred Canada field representative shall:
<continued>
b) input to and maintain accurately the Standardbred Canada database, including:
<continued>
(xi) Delete
<continued>
Chapter 37
Rule 37.02 When an order for a biological sample has been made by the Director, the samples 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.
NEW Rule 37.09 Owners and/or trainers of horses shall allow a person designated by the Director access at any time, whether on or off the grounds of a racing association, to the following:
Access shall be granted for the purposes of:
For the purposes of Rule 37.09, a horse shall be deemed to be:
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Thursday, September 9, 2010 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rule, effective immediately.
Chapter 37
Rule 37.09 Owners and/or trainers of horses shall allow a person designated by the Director, acting upon reasonable and probable grounds, access at any time, whether on or off the grounds of a racing association, to the following:
Access shall be granted for the purposes of:
For the purposes of Rule 37.09, a horse shall be deemed to be:
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Thursday, February 24, 2011 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective March 1, 2011, except where noted differently.
Please note: Additions or changes to the rules are noted in bold.
Chapter 7
Rule 7.16.05 An Association shall disburse the monies from the Purse Account(s) only as follows:
The Association, in a manner satisfactory to the Director, shall at the time of disbursement disclose or cause to be disclosed to owners, trainers and others who receive purse money, the purposes under (iv) above and the amount of any monies disbursed for such purposes.
(Rule 7.16.05 effective immediately)
Chapter 12
Rule 12.02 Declaration for overnight events, other than schooling races or matinee races, at extended meetings, shall be governed by the following:
<rule continued>
New Rule 12.02.01 When entering into overnight races, a horse’s individual time in its last clean charted line in a purse, qualifying or schooling race must meet the following time standard for the track at which it is entering to race, after the Judges have given appropriate allowances for track conditions on that day:
|
Track size where |
|
Track size of last clean charted line |
||
|
|
½ mile |
5/8 mile |
7/8 mile |
|
|
½ mile |
Pacers Trotters |
2:03 2:06 |
2:02 2:05 |
2:01 2:04 |
|
5/8 mile |
Pacers Trotters |
2:02 2:05 |
2.01 2:04 |
2:00 2:03 |
|
7/8 mile |
Pacers Trotters |
2:01 2:04 |
2:00 2:03 |
1:59 2:02 |
New Rule 12.02.02 Time allowances for overnight races are as follows:
|
Reason |
Allowance |
|
Seasonal – for starts from November 1 to April 30, inclusive. |
1 second |
|
2 year-olds |
2 seconds |
|
3 year-olds |
1 second |
Chapter 14
Rule 14.06 Conditions:
a) May be based only on:
<rule continued>
Chapter 17
Rule 17.10 Starters and also eligibles for overnight events shall be drawn by lot from horses properly declared to start, except as follows:
In addition preference shall be governed by the following:
<rule continued>
New Rule 17.10.01 Notwithstanding the requirements under 17.10 (i), Ontario Sires Stakes eligible horses will be exempt from the requirement to meet first preference for the period of May 1 to November 1 of the current year inclusive.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Thursday, January 27, 2011 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective March 31, 2011.
Please note: Additions to rules are noted in bold.
Chapter 2
BAC means Blood Alcohol Content. 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.
Safety Sensitive Position means…. <rule continued>
Standardbred: driver, trainer, groom, starting gate personnel, horse identifier, commission and official veterinarians, outrider, blacksmith, test inspector, TCO2 technician, track maintenance personnel.
Chapter 6
New Rule 6.02 Violation of the following shall make offenders liable to a fine or suspension:
<rule continued>
(i) Smoking is prohibited within 10 feet of any designated signed areas, stall, tack room, shedrow or any portion of a barn including the paddock. For the purpose of this rule, the paddock will include the cafeteria, drivers’ change room, washrooms and offices within the paddock area. Smoking is also prohibited anywhere on the racetrack surface from two hours prior to the post time for the first race to the completion of the race card.
Penalty for an infraction of Rule 14.05:
First offence will result in a $50 fine;
Second offence within a year of the first offence will result in a $300 fine or a 5 day suspension or both;
Third offence within a year of the first offence will result in a minimum fine of $500 and a 7 day suspension;
Fourth offence within a year of the first offence will result in an indefinite suspension and referral to the Director.
Rule 6.53 No person shall administer, attempt to administer, or cause to be administered, any medication or substance by a nasogastric tube to a horse on race day prior to its race, except for emergency treatment, which treatment will result in the horse being scratched from the race.
Chapter 36
Rule 36.07 Designated Licensees are subject to testing in the following situations:
<continued>
(h) Dilute Samples
If the laboratory identifies a dilute sample, the designated licensee will be required to complete another test.
Rule 36.08
The consequences for licensees who are in violation of the policy are as follows:
ii) For a second offence, suspension from performing the duty or duties for which he/she is licensed for that day, a $300 fine and suspension of 5 days if committed within 12 months of the first offence, and the licensee will be referred to a Substance Abuse Professional (SAP) for evaluation to determine the need for a structured assistance program and must provide a negative return to duty drug and alcohol test; and
b) Alcohol: Test result of .04 to .079 BAC
i) a for a first offence, suspension from performing the duty or duties for which he/she is licensed for that day, a $300 fine, a suspension for five (5) days, a reminder of the policy requirements and a suggested referral for assistance and must provide a negative return to duty alcohol test;
ii) for a second offence, suspension from performing the duty or duties for which he/she is licensed for that day, a fine of $500 and a suspension of fifteen (15) days if committed within 12 months of the first offence, 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 ORC, compliance with return to work conditions set out in an agreement with the individual, and must provide a negative return to duty alcohol test;
c) Illicit Drugs or Alcohol test result of .08 BAC or higher
i) for a first offence, suspension from performing the duty or duties for which he/she is licensed for that day, a $500 fine, 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 duties with the ORC, 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;
<Rule continued>
g) Referral to the Commission
Individuals who have been suspended from performing the duties for which they are licensed and who are referred to the Commission:
ii) Will be referred to a hearing before the Commission within twenty (20) days of the request for reinstatement;
<Rule continued>
New Rule 36.13 Additional Penalties
No racetrack, association, or licensed body shall impose a penalty upon a licensee who has violated this policy, unless that licensee is directly employed by that racetrack, association, or licensed body.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Wednesday, March 23, 2011 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective April 1, 2011.
Chapter 5
Rule 5.01 At an extended race meeting, except in the case of an emergency, there shall be a minimum of two Judges employed and appointed by the Commission, one of whom shall be designated by the Commission as a Senior Judge under whose supervision the judges shall, collectively, carry out all the duties and responsibilities specified in the rules. All decisions of the Judges shall be determined by majority vote. In the cases where there are only two judges officiating, the Senior Judge or the Judge designated as the Senior Judge by the Director, shall have in addition to the regular vote, a casting vote.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Wednesday, July 29, 2011 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rule, with an effective date subject to the closing of the public process. The public process is complete and the Rule is now effective immediately.
Please note: Changes to rules are noted in bold.
Chapter 8
Rule 8.14 A veterinarian who dispenses a drug or medication shall label the container in which the drug or medication is dispensed with the following information:
In the event that the 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 written log, to include the following information:
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Wednesday, June 29, 2011 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective January 4, 2012.
CHAPTER 2
Safety line means a line that is constructed to prevent failure due to breakage of the line, or breakage or inadvertent loss of the primary connection to the bit.
CHAPTER 6
Rule 6.46.1 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:
(a) 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
(b) which has not been labeled for veterinary use under the Food and Drug Regulations or, if labeled for human use under the Food and Drug Regulations, has not been prescribed by a veterinarian after conducting an examination of the horse and determining that the drug, substance or medication is medically required by the horse and the drug, substance or medication is used only for that horse in accordance with the prescription issued by the veterinarian, and/or
(c) which may endanger the health and welfare of the horse or endanger the safety of a driver, and/or
(d) which is not labeled, or accurately labeled, with the contained drug, substance, medication, or active ingredient, and/or
(e) which may adversely affect the integrity of racing, and/or
(f) which is listed hereafter:
(i) Erythropoietin or any of its synthetic derivatives; or
(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 of established by the Director provided that such possession or use is not otherwise contrary to the Rules, the Food and Drugs Act and its regulations, the Pari-Mutuel Betting Supervision Regulations, the Livestock Medicines Act, C.D.S.A. 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 Director.
CHAPTER 26
Rule 26.12.01 A trainer shall be responsible to ensure that all horses under his/her care and control, while training or racing on Association grounds are properly equipped, which may include the use of safety reins/lines.
Rule 37.09 Owners and/or trainers of horses shall allow a person designated by the Director 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:
Access shall be granted for the purposes of:
For the purposes of Rule 37.09, a horse shall be deemed to be:
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Tuesday, October 25, 2011 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective January 1, 2012.
CHAPTER 3
Rule 3.02.01 Where an Association has entered into an agreement with a horsepeople’s organization, representing participants racing at that facility, that horsepeople’s organization must be licensed by the Commission.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Thursday, December 22, 2011 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective January 4, 2012.
CHAPTER 26
Rule 26.01 A person shall not train horses, or be programmed as trainer of record at extended meetings, without first having obtained a trainer licence valid for the current year by meeting the standards for trainers, as required by Standardbred Canada or the United States Trotting Association and being licensed by the Commission. The holder of a driver’s licence issued by Standardbred Canada or the United States Trotting Association is entitled to all privileges of a trainer and is subject to all rules respecting trainers. Valid categories of licences are:
(a) A, a full licence valid for all meetings and permitting operation of a public stable.
(b) C, an apprentice licence valid for all meetings and permitting operation of a public stable, subject to satisfactory performance and ongoing approval of the Judges. The Judges may impose any conditions as deemed appropriate. This licence must be held for a minimum period of six months before applying to the Judges for an upgrade to an “A” licence.
(b) (c) F, a licence restricted to the training of horses while owned by the holder and/or his or her immediate family at all race meetings. Any “F” trainer who wishes to upgrade his/her licence must first upgrade to “C”. If the trainer has satisfied the requirements of the “C” licence in the past, at the discretion of the Judges that trainer may be upgraded to “A”.
Rule 26.01.01 The Judges may review the performance of a trainer at any time and may take the following actions:
(i) amend the licence category;
(ii) recommend that the Director revoke the licence;
(iii) apply conditions to the licence, or
(iv) require the trainer to re-qualify for his or her licence in accordance with Standardbred Canada regulations.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Wednesday, January 4, 2012 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rule, effective January 9, 2012.
Chapter 3
Rule 3.02.02 Each Association shall ensure that it has an agreement with either of the following for the purposes of Section 3(1)(c)(iii) of the Pari-Mutuel Betting Supervision Regulations:
Failure to comply with this rule may result in fines or suspension.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
WHEREAS the use of 3rd party staking services has increased over the last number of years;
AND WHEREAS the ORC wishes to ensure that staking payments made to 3rd parties are processed and notification made in a timely way;
TAKE NOTICE that Standardbred Rule 16.18 is hereby immediately amended to ensure that all staking payments made are properly accounted;
AND FURTHER TAKE NOTICE that the ratification of the amended Rule 16.18 by the Board of the Ontario Racing Commission shall occur on Thursday, February 23, 2012;
Chapter 16
Rule 16.18 Nomination and sustaining payments must be received by the sponsor not later than the hour of closing, except those made by mail or by electronic transaction. Payments made by mail must bear a postmark dated thereon not later than the hour of closing. Payments made by electronic transaction to a third party providing a staking service must be processed and the sponsor notified, not later than the hour of closing. In the event the hour of closing falls on a Saturday, Sunday or legal holiday, the hour of closing shall be extended to the same hour of the next business day. The hour of closing shall be midnight of the due date.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Thursday, April 26, 2012 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective immediately.
Chapter 1
Rule 1.02 Standardbred racing shall be conducted in accordance with the rules, Commission directives, conditions of licences granted by the Director or the Commission, track rules approved by the Director, and any other applicable laws and regulations. In case of conflict, the Rules of Standardbred Racing shall supersede the conditions of a horse race and the regulations of the Association.
Chapter 2
Commission Veterinarian means a person employed by the Commission and licensed in good standing with the College of Veterinarians of Ontario.
Official Chemist means a person approved as the Official Chemist pursuant to the Pari-Mutuel Betting Supervision Regulations.
Official Sample means a sample of blood, saliva, urine or other bodily substance that has, in accordance with the Pari-Mutuel Betting Supervision Regulations, 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.
Chapter 3
3.05.01 The licence fees, paid to the Commission by people involved in racing, are set by the Commission. An applicant for a licence will not be considered a renewal if the licence has been in a state of lapse for five racing seasons prior to the season of application.
Chapter 8
Rule 8.08.01 A veterinarian shall maintain and keep the records required pursuant to the Rules for not less than two clear years and shall make such records available to the Director, Judge or their delegates upon request.
Chapter 19
Rule 19.04 In order that performances thereon may be recognized or published as official, every association shall have filed with the Commission the certificate of a duly licensed civil engineer or land surveyor that the track has been measured from wire to wire three feet out from the pylons, which constitute the inside limits of the course and certifying exactly the result of such measurement. Each track shall be measured and re-certified in the event of any changes or relocation of the pylons, which constitute the inside limits of the course.
Chapter 35
Rule 35.01.02 Any person providing false or misleading information on Form 1 or Form 2 may be subject to a suspension and or fine being levied by the Judges or by the Commission.
Rule 35.02.02 Any owner or trainer who intends to race a horse within the EIPH Program that is properly certified as per Rule 35.02.01 is required to submit the Form 1 certificate to a Standardbred Canada representative. The Standardbred Canada representative shall cause the form 1 to be entered into the Standardbred Canada computer data indicating that the subject horse has been certified to receive Furosemide. Such information shall be entered into the computer by the Standardbred Canada representative at or before the time of the entry of the horse into the race following the date upon which it was certified.
Rule 35.02.03 Delete.
Rule 35.03 If a horse to which Form 2 applies and with respect to which enrolment is sought in the EIPH Program has not been enrolled prior to the time of entry of the subject race, such enrolment may be extended to immediately prior to the time it is required to receive Furosemide on the date of the first occasion in which it races in Ontario and seeks certification. Such extension of time is solely within the discretion of the judges and may be granted by them if evidence is presented by the owner or trainer or the authorized representative of the owner or trainer of the subject horse that the horse has raced on Furosemide in such other jurisdictions where the use of Furosemide is authorized.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Tuesday, June 26, 2012 resolved that the Rules of Standardbred Racing 2008 be amended by the promulgation of the following Rules, effective immediately.
5.03 At all extended pari-mutuel race meetings there shall be the following licensed racing officials approved by the Director;
7.18 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.
22.38.01 Approved TCO2 Laboratory
In any part of Rule 22.38, “approved TCO2 laboratory” means a laboratory approved by the Commission under 22.38.02, to conduct the testing of standardbred horses in accordance with Rule 22.38.05.
22.38.02 Laboratory Approval Process
The Commission may approve a laboratory under Rule 22.38.01, if:
<continued>….
22.38.05 Replace (RAHT) - Registered Animal Health Technician with Registered Veterinarian Technician
33.03 The Placing Judge shall:
33.04 In determining the places of the horses at the finish of a race, the Placing Judge shall consider only the relative position of the respective noses of such horses.
33.05 The Placing Judge in consultation with the Judges shall cause to be prominently displayed to the public the numbers of the first four horses in the order of finish and shall be responsible for recording the remainder of the field.
33.06 When the Placing Judges differ in their placements, the Judges shall inspect the print prior to the official sign being posted and the decision of the Judges shall prevail.
33.07 The Judges shall confirm with the photo finishing and Placing Judges as to the result of every race by declaring the result official, and the word “Official” shall be flashed or other wise placed on the totalizator board, in a manner in which it may be clearly seen from any part of the grandstand.
33.08 Nothing in the Rules shall be construed to prevent the placing judges, with the approval of the Judges, 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.
33.09 On all tracks a proper camera shall be installed as an aid to the Placing Judge; however, in all cases, the camera is merely an aid and the decision of the Judges shall be final.
33.10 Photo finish photographs shall not be released to anyone for publication without permission of the Judges, except to the Association for its public display at the racetrack at which racing is being conducted.
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Executive Director approved the following changes to the Rules of Standardbred Racing 2008, effective July 31, 2012, subject to ratification by the Board of the Commission at its September Board meeting.
Rule 5.02.01 At a non-extended race meeting, there shall be a minimum of one Judge employed by the holder of a permit to conduct pari-mutuel betting, who shall be accredited as a Judge by Standardbred Canada. The Judge shall carry out the duties and responsibilities specified in the Rules & Regulations of Standardbred Canada, as amended from time to time. All decisions of the Judge shall be in accordance with the Rules & Regulations of Standardbred Canada.
Rule 11.01.01 A horse shall not be permitted to enter or start unless:
Notwithstanding that a horse is registered with the USTA, any horse registered with the USTA that would not meet the registry requirements set out by Standardbred Canada shall not be eligible to race.
Rule 11.01 Renumbered 11.01.02
BY ORDER OF THE COMMISSION
Original Signed
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Thursday, December 20, 2012 resolved that the Rules of Standardbred Racing 2012 be amended by the promulgation of the following Rules, effective immediately.
CHAPTER 9
Revised Rule 9.12.02 Only the owner, trainer or designated representative of the trainer, to a maximum of two persons having a valid Commission licence on their person, are permitted to have care, custody or control of a horse in the retention area. Failure to present the licence may result in a fine and / or suspension.
CHAPTER 15
New Rule 15.16.01 Transfer of possession of a claimed horse to the successful claimant or their representative shall take place in the paddock immediately after the running of the race. The horse’s halter must accompany the horse. Altering or removing the horse’s shoes prior to transfer is not permitted.
New Rule 15.16.02 Notwithstanding the requirements under 15.16.01, in the case where a claimed horse must submit for post race testing, physical custody of the claimed horse shall transfer from the original owner to the successful claimant outside the retention area following completion of the test and after the sample tags have been signed by the original owner or their representative.
BY ORDER OF THE COMMISSION
Steve Lehman
Executive Director
The Ontario Racing Commission resolved on February 5, 2013 to permit variances to the Rules of Standardbred Racing 2012 for the last race of each of Western Fair District (WFD)’s race cards for the period February 7 to May 31, 2013. This decision of the Board will be confirmed at its next meeting.
CHAPTER 14
Rule 14.12 In overnight events, not more than one trailer shall be permitted, regardless of the size of the track. At least eight feet per horse must be provided the starters in the front tier. Exceptions on field sizes can be granted with the written permission of the Commission.
Variance granted
WFD is permitted a variance to Rule 14.12, which limits the number of trailers in overnight races to 1. WFD is permitted 2 trailers in the last race of each race card.
CHAPTER 18
Rule 18.01 Unless otherwise provided in the conditions, all purses shall be distributed on the dash basis with the money awarded according to a horse’s position in each separate dash or heat of the race. Purse money distribution in overnight events shall be limited to five monies.
Variance granted
WFD is permitted a variance to Rule 18.01, which limits the purse distribution in overnight races to 5th place. WFD is permitted to distribute purse monies to 6th place for the last race of each race card.
BY ORDER OF THE COMMISSION
Steve Lehman
Executive Director
The Ontario Racing Commission on February 25, 2016 gave approval to extend the variance to the Rules of Standardbred Racing 2012 as outlined in Standardbred Directive Number 3-2013 until such time as a complete review and substantive revisions of the Rules of Racing are completed.
CHAPTER 14
Rule 14.12 In overnight events, not more than one trailer shall be permitted, regardless of the size of the track. At least eight feet per horse must be provided the starters in the front tier. Exceptions on field sizes can be granted with the written permission of the Commission.
Variance granted
WFD is permitted a variance to Rule 14.12, which limits the number of trailers in overnight races to 1. WFD is permitted 2 trailers in two races per race card.
CHAPTER 18
Rule 18.01 Unless otherwise provided in the conditions, all purses shall be distributed on the dash basis with the money awarded according to a horse’s position in each separate dash or heat of the race. Purse money distribution in overnight events shall be limited to five monies.
Variance granted
WFD is permitted a variance to Rule 18.01, which limits the purse distribution in overnight races to 5th place. WFD is permitted to distribute purse monies to 6th place for the two races per race card that carry the extra trailers.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director
The Ontario Racing Commission at its meeting of Thursday, April 24, 2014 resolved that the Rules of Standardbred Racing 2012 be amended by the promulgation of the following Rules, effective immediately.
Non-Extended Meetings Appendix
Pari-Mutuel Non-Extended Meetings shall be governed by the Rules of Standardbred Racing 2012, with the following exceptions:
Chapter 5: RACING OFFICIALS AND JUDGES
5.01 There shall be a minimum of one Judge employed and appointed by the Commission.
Chapter 7: RACING ASSOCIATIONS
7.02 An Association shall provide in the paddock or staging area direct communication facilities to the Judges’ stand.
7.03 As a condition of its Racetrack Operator’s Licence,
7.10.1 Delete
Chapter 8: COMMISSION VETERINARIANS, OFFICIAL VETERINARIANS AND OTHER VETERINARIANS
8.01.02 The Official Veterinarians shall be those veterinarians appointed by the Association and approved by the Commission to officiate. At the discretion of the Commission, the duties of the Official Veterinarian may be assumed by the Commission Veterinarian.
8.01.03 There shall be an Official Veterinarian in attendance or within easy call.
Chapter 11: HORSES PERMITTED TO RACE
11.01.02 (d), (e), (f) Delete
11.02.01 Delete
Chapter 12: QUALIFYING RACES
12.02.01 Delete
12.03 Delete
12.09 Delete
12.10.01 Delete
12.11 (a), (b) Delete
Chapter 17: DECLARATIONS AND DRAWING OF POST POSITIONS
17.05 Submitting a Declaration for a horse that is ineligible to race because it has been placed on the Judges’ List or Veterinarians’ List may be prohibited.
Chapter 18: PLACING AND MONEY DISTRIBUTION
18.08.04 If no pylons exist at the racetrack, the decision regarding horses leaving the course will be at the discretion of the Judges.
Chapter 19: TIME AND RECORDS
19.02 The time of each heat or dash shall be accurately taken by a specified timer, and placed in the record in minutes, seconds and fifths of seconds, and upon the decision of each heat the time thereof shall be publicly announced, or admitted to the record. If the timer fails to act, no time shall be announced or recorded.
19.04 Delete
Chapter 20: JUDGES’ AND VETERINARIANS’ LISTS
20.02 Delete
20.04.04 Delete
Chapter 22: RACING RULES
22.02 All races must be started with a mobile starting gate. No person shall be allowed to ride in the starting gate except the starter, the driver and a patrol judge without the permission of the Judges. The starting gate must be equipped with two-way communications to the Judges’ stand and a mechanical loudspeaker to be used for the sole purpose of communicating instructions to drivers.
22.03 (c), (k), (l) Delete
22.38.04 Delete
Chapter 26: TRAINERS AND GROOMS
26.12 Delete
Chapter 32: PADDOCK JUDGE AND EQUIPMENT INSPECTOR
32.01 (d) Delete
Chapter 33: PATROL AND PLACING JUDGE
33.03 Delete
33.04 Delete
33.05 Delete
33.06 Delete
33. Delete
33.09 Delete
33.09.01 A proper camera may be installed on all tracks as an aid for the Judges. However, in all cases, the camera is merely an aid and the decision of the Judges shall be final.
Policy Directive No. 2-2010 Delete
Policy Directive No. 2-2012 Delete
The Ontario Racing Commission at its meeting of Thursday, April 24, 2014 resolved that the Rules of Standardbred Racing 2012 be amended by the promulgation of the following Rules, effective immediately.
Chapter 2
Safety Sensitive Position means …<continued>
Delete sections defining positions for Thoroughbred and Quarter Horse
CHAPTER 5
Rule 5.02.01 Delete
Rule 5.02.02 Delete
Rule 5.02.03 Delete
Rules related to the number of Judges at Non-Extended meetings
These rules are deleted, as rule requirement will now be included in the Non-Extended Meeting Appendix
BY ORDER OF THE COMMISSION
Steve Lehman
Executive Director
The Ontario Racing Commission at its meeting of Thursday, April 24, 2014 resolved that the Rules of Standardbred Racing 2012 be amended by the promulgation of the following Rules, effective immediately.
Racing Under Saddle Appendix
Pari-Mutuel Racing Under Saddle Horse Racing shall be governed by the Rules of Standardbred Racing 2012, with the following exceptions:
All references to the word “Driver” shall be deemed to be “Rider”
All references to the word “Sulky” shall be deleted.
Chapter 2: DEFINITIONS
Racing Under Saddle means a Standardbred trotting race where the horse is ridden, not driven.
Chapter 3: LICENSING
3.10.01 Where a licensee is suspended or fined by the Judges during a Standardbred harness race, the penalty shall be reciprocated for Racing Under Saddle races, and where a licensee is suspended or fined by the Judges during a Racing Under Saddle race, the penalty shall be reciprocated for Standardbred races.
Chapter 6: VIOLATIONS, FINES, SUSPENSIONS & EXPULSIONS
6.02 (h) failure to have proper saddle cloth on a horse when racing.
6.39 Delete
6.39.01 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 6.39.02. The licensee is responsible for ensuring that his/ her helmet and safety vest meets the safety standards.
6.39.02 Where it is required under the rules, only helmets meeting the following standards shall be used:
Where it is required under the rules, only safety vests meeting the following standards shall be used:
6.39.03 A rider shall adhere to the following equipment restrictions:
Chapter 11: ELIGIBILITY
11.01.02 (d), (e), (f) Delete
11.01.2 (g) The horse is at least 3 years of age to race at any meeting but not older than 14 years of age.
11.01.2 (m) the horse has qualified on the trotting gait
11.02.1 Delete
11.02.2 Delete
Chapter 12: QUALIFYING RACES
Delete in its entirety
12.01.01 Qualifying races will only be held for the trotting gait and a horse will be considered qualified for Racing Under Saddle races if it meets the following standards at the track where the horse is qualifying.
½ mile track – 2:16
5/8 mile track – 2:14
7/8 mile track – 2:12
12.01.02 A horse must qualify at least once on the trotting gait prior to the start of any Racing Under Saddle races in any given year, and will not need to re-qualify during that season, unless required to do so by the Judges.
12.01.03 A qualifying race scheduled for Racing Under Saddle participants must have at least three (3) horses.
Chapter 14: OVERNIGHT EVENTS
14.03 Delete
14.10 (c) Delete
14.12 There shall be no trailing horses.
Chapter 15: Claiming Races
Delete in its entirety
Chapter 18: PLACING AND MONEY DISTRIBUTION
18.08.02 If, at a race track which does not have a continuous solid in side hub rail, a horse while on stride leaves the course by going inside the hub rail or other demarcation which constitutes the inside limits of the course, the offending horse shall be placed back where, in the opinion of the judges, the action gave the horse an unfair advantage over other horses in the race, or the action helped the horse improve its position in the race. In addition, when an act of interference causes a horse to cross the inside limits of the course, and the horse is placed by the judges, the offending horse shall be placed behind the horse with which it interfered. Riders, who in the opinion of the judges, leave the racing strip when not forced to do so as a result of the actions of another riders and/or horse may be fined or suspended by the Judges.
Penalties for riders violating provision of Rule 18.08.02 are as follows:
Chapter 22: RACING RULES
22.01 (h) Delete
22.05.01 A rider shall not commit any of the following acts which are considered violations of riding rules:
22.17.01 A rider must be mounted on the horse at the finish of the race or the horse must be placed as not finishing.
22.17.02 A horse shall be placed as not finishing where the rider at any time during the running of the race was not mounted on the horse but was mounted at the finish of the race. In such case, the Judges may invoke the provisions of Rule 22.32 if they deem it in the public interest to do so.
22.19 Delete
22.20 Delete
22.21.04 Delete
22.23.03 (c) & (d) Delete
22.23.03 At any time while on the grounds of an association, it is an offence for a rider, or the person in control of the horse, to use the whip to hit or make contact with the horse as follows:
22.25 Any trainer who wishes to change bridles on a horse from one race to another shall apply to the Judges for permission to do so, and no change shall be made without such permission. The Judges shall assure themselves of the necessity for any change of bridles before granting permission. Any change of a nature which the Judges are of the opinion that the public should be advised, must be shown on the program or announced to the public before any wagering occurs on that race.
22.25.01 A trainer shall adhere to the following equipment requirements:
22.25.02 A trainer shall adhere to the following equipment restrictions:
Chapter 25: DRIVERS
25.01 A person shall not ride a horse in a Racing Under Saddle races other than an exhibition or schooling race, without having first obtained a rider licence valid for the current year by meeting the standards as laid down by Standardbred Canada or the United States Trotting Association and being licensed by the Commission.
25.01.01 A rider shall participate and be approved in at least one (1) qualifying race, prior to receiving final approval of their Commission licence. Both the rider and the horse must meet the qualifying standards set out in these rules.
25.02.01 Delete
The Ontario Racing Commission at its meeting of Thursday, March 26, 2015 resolved that the Rules of Standardbred Racing 2012 be amended by the promulgation of the following revisions, effective immediately.
Racing Under Saddle Appendix
Chapter 6: VIOLATIONS, FINES, SUSPENSIONS & EXPULSIONS
Current rule # 6.39.03 (a) Riding boots must have at least a half (½) inch heel.
New rule # 6.39.03 (a) Riding boots shall be worn.
Chapter 11: HORSE PERMITTED TO RACE
Current rule # 11.09 For the purposes of eligibility to race at extended meetings, past performance lines charted at non-extended meetings in Ontario shall not be considered other than for the purpose of crediting the horses with the number of starts, wins and purse money earned at non-extended meetings.
New rule # 11.09 For the purpose of eligibility to race at extended meetings, past performance lines charted at non-extended meetings or RUS races in Ontario, shall not be considered other than for the purpose of crediting the horses with the number of starts, wins and purse money earned at non-extended meetings or RUS races.
Chapter 12: QUALIFYING RACES
Current rule # 12.01.01 Qualifying races will only be held for the trotting gait and a horse will be considered qualified for RACING UNDER SADDLE races if it meets the following standards at the track where the horse is qualifying.
½ mile- 2:16
5/8 mile- 2:14
7/8 mile -2:12
New rule # 12.01.01 Qualifying races will only be held for the trotting gait and a horse will be considered qualified for RACING UNDER SADDLE races if it meets the following standards at the track where the horse is qualifying.
½ mile – 2:08
5/8 mile – 2:06
7/8 mile – 2:04
Chapter 25: DRIVERS
Current rule # 25.01.01 A rider shall participate and be approved in at least one (1) qualifying race prior to receiving final approval of their Commission licence. Both the rider and the horse must meet the qualifying standards set out in these rules.
New rule # 25.01.01 A rider shall participate and be approved in at least three (3) qualifying races prior to receiving final approval of their Commission licence.
Both the rider and the horse must meet the qualifying standards set out in these rules.
The Ontario Racing Commission on February 25, 2016 gave approval to extend the variance to the Rules of Standardbred Racing 2012 as outlined in Standardbred Directive Number 3-2013 until such time as a complete review and substantive revisions of the Rules of Racing are completed.
CHAPTER 14
Rule 14.12 In overnight events, not more than one trailer shall be permitted, regardless of the size of the track. At least eight feet per horse must be provided the starters in the front tier. Exceptions on field sizes can be granted with the written permission of the Commission.
Variance granted
WFD is permitted a variance to Rule 14.12, which limits the number of trailers in overnight races to 1. WFD is permitted 2 trailers in two races per race card.
CHAPTER 18
Rule 18.01 Unless otherwise provided in the conditions, all purses shall be distributed on the dash basis with the money awarded according to a horse’s position in each separate dash or heat of the race. Purse money distribution in overnight events shall be limited to five monies.
Variance granted
WFD is permitted a variance to Rule 18.01, which limits the purse distribution in overnight races to 5th place. WFD is permitted to distribute purse monies to 6th place for the two races per race card that carry the extra trailers.
BY ORDER OF THE COMMISSION
Jean Major
Executive Director and CEO
See a copy of this Directive in PDF format below:
STANDARDBRED DIRECTIVE NUMBER 1 – 2017 Revisions to the Human Alcohol and Drug Rules
On February 23, 2017 the Registrar approved revisions to Chapter 36 Alcohol and Drug Violations – Human and related Chapter 2 Definitions, as outlined below. The revisions will come into effect on April 1, 2017. A clean copy of the revisions is attached hereto at Appendix “A”. A copy of the previous version is attached hereto at Appendix “B”.
Chapter 2
DEFINITIONS
Alcohol means the intoxicating agent in Beverage Alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl.
BAC means Blood Alcohol Content Concentration. It is the grams of alcohol in 100 milliliters of blood when referenced as .02 to .039 BAC and the equivalent of 20 to 39 milligrams of alcohol in 100 milliliters of blood.
Beverage Alcohol means beer, wine and distilled spirits.
Drug means any substance, including alcohol, illegal drugs or medications, the use of which has the potential to adversely affect the way a person thinks, feels or acts. Drugs of concern are those that inhibit a person’s ability to perform his or her job safely and productively, including the following:
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl.
Beverage Alcohol refers to beer, wine and distilled spirits.
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.
Medication means a drug obtained legally, either over-the-counter or through a prescription.
Fit for Work means being able to safely and effectively perform assigned duties without any limitations due to the use or after-effects of alcohol, illegal drugs, medications or other substances that can impact performance.
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.
[NEW] 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.
[NEW] Marihuana means all parts of the Cannabis plant, its derivatives and compounds that contain the psychoactive cannabinoid chemical “delta-9-tetrahydro-cannabinol” (THC).
[NEW] Prohibited Substance means any substance which the Registrar has declared prohibited and includes Marihuana.
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:
An incident affecting the health or safety of employees, licensees, patrons, horses, or the public; or
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:
The type and amount of contact the position has with horses
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 individuals licensees required to temporarily act in a Safety Sensitive Position.
The following positions are included Safety Sensitive Positions:
Standardbred: driver, trainer, groom, starting gate personnel, horse identifier, commission and official veterinarian, outrider and blacksmith, test inspector, TCO2 technician and track maintenance personnel.
Chapter 36
ALCOHOL AND DRUG VIOLATIONS - HUMAN
36.01 All Designated Racing Officials and individuals who hold a safety sensitive position are subject to the following Alcohol & Drug Rules.
36.02 Designated Licensees are prohibited from the following:
(a) the use, possession, distribution, manufacture, offering or sale of illegal drugs or illegal drug paraphernalia;
b) reporting for work under the influence of illegal drugs;
c) the presence in the body of illicit drugs or unprescribed drugs for which a prescription is legally required in Canada, as determined through the testing program.
36.03 Designated Licensees are prohibited from the following:
(a) reporting for work under the influence of alcohol from any source;
(b) the use of alcohol within the first eight hours after an accident or until tested or advised by the Commission that a test is not required.
36.04 Designated Licensees are prohibited from the following:
(a) the intentional misuse of medications including using medication not as prescribed, using someone else’s prescription medication, combining medication and alcohol use against direction; and
(b) the unauthorized possession of prescribed medications without a legally obtained prescription, and unauthorized distribution, offering or sale of prescription medications (trafficking).
The onus rests with Designated Licensees to investigate (through their doctor or pharmacist) whether a medication can affect safe operation and take appropriate action to minimize safety risk.
36.01 A licensee in a Safety Sensitive Position is prohibited from the following:
(a) Using an Illegal Drug or a Prohibited Substance at a licenced facility;
(b) Performing activities of the Safety Sensitive Position at a licenced facility while an Illegal Drug or a Prohibited Substance is present in his or her body;
(c) Consuming Alcohol at a licenced facility while performing, or reasonably prior to performing activities, of a Safety Sensitive Position;
(d) Performing activities of the Safety Sensitive Position at a licenced facility while having a BAC of .02 or higher;
(e) Using, at a licenced facility, any Impairing Prescription Medication without a prescription for the licensee’s use of that medication;
(f) Performing activities of the Safety Sensitive Position at a licenced facility while an Impairing Prescription Medication for which the licensee does not have a prescription for use is present in his or her body;
(g) Intentionally using, at a licenced 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;
(h) Performing activities of the Safety Sensitive Position at a licenced facility while,
a. An Impairing Prescription Medication intentionally used in a manner not prescribed to the licensee is present is his or her body, and
b. 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.
(i) Within the first eight hours of an event described in 36.03(a) or until tested or advised by a Commission Representative under 36.03(a) that a test is not required, using an Illegal Drug or a Prohibited Substance or consuming Alcohol or using any Impairing Prescription Medication without a prescription for the licensee’s use or intentionally using any Impairing Prescription Medication prescribed for the licensee’s use in a manner not prescribed.
36.02 A licensee in a Safety Sensitive Position called in unexpectedly activities of a Safety Sensitive Position in a manner that would violate 36.01(b), (d), (f) or (h) shall decline the request.
36.03 A licensee or Designated Racing Official shall not be present at a licenced facility in the following circumstances:
Alcohol, an Illegal Drug, a Prohibited Substance or an Impairing Prescription Medication is present in his or her body, and
He or she displays signs that his or her physical or cognitive abilities are impaired to the extent that there is a potential that the licensee or Designated Racing Official cannot safely perform his or her activities or duties related to the business of racing, he or she poses a safety risk to himself or herself, to other persons or to horses or, in a situation where the licensee or Designated Racing Official has been involved in an incident, accident or near miss, the licensee or Designated Racing Official displays signs of physical or cognitive impairment.
36.04 A licensee in a Safety Sensitive Position is subject to testing in the following situations:
(a) 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.
(b) 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.
(c) 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.
(d) Return to Duty – Post Violation
Where a licensee seeks to return to a Safety Sensitive Position after a suspension for a violation of a prohibition in 36.01, he or she will be required to undergo testing for the presence of Alcohol, Illegal Drugs, Prohibited Substances, Impairing Prescription Medication, or a combination of these substances in his or her body and the test or tests must show no presence of such substances in his or her body before the licensee may return to such a position. In addition, it shall be a condition of the licensee’s licence as set out in a Post-Violation Agreement described in 36.13 that the licensee will be required to undergo testing for the presence of Illegal Drugs, Prohibited Substances, Impairing Prescription Medication or a combination of these substances in his or her body without notice to the licensee at any time.
(e) 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.
(f) Additional Testing
Where a laboratory conducting a test for the presence of an Illegal Drug, a Prohibited Substance or an Impairing Prescription Medication reports that the testing of the sample cannot provide an accurate determination of the presence or the amount of the substance in the licensee’s body for whatever reason, including that the sample is a dilute sample, the licensee shall submit to an additional test, if directed by a Commission Representative.
36.05 Designated Licensees called in unexpectedly and requested to perform unscheduled duties associated with the business of racing while under the influence of alcohol, drugs or medications that could impact safety and/or breach the Alcohol and Drug Rules shall decline the request.
36.05 Reasonable Cause Testing
Any licensee and any Designated Racing Official engaged in the business of racing at a licenced facility, whether or not he or she is in a Safety Sensitive Position, shall submit to the testing for the presence in his or her body of Alcohol, Illegal Drugs, Prohibited Substances or Impairing Prescription Medications on the request of a Commission Representative where,
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
The licensee or Designated Racing Official has been involved in an incident, accident or near miss and a Commission Representative has reasonable grounds to believe that that the licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired or were impaired at the time of the incident, accident or near miss.
36.06 In accordance with the Horse Racing Licence Act, 2015, the Commission may conduct unannounced searches where there are reasonable grounds to believe a prohibited substance is present on Commission li censed premises in violation of the Rules of Racing or specific track rules. Prohibited substances include illegal drugs and prescribed medications possessed without a legally obtained prescription as set out in Rule 36.02.
36.06 Testing Protocol – Alcohol
A person required to undergo testing for the presence of Alcohol in his or her body shall provide a breath sample to a Commission Representative for analysis at a time and place and in a manner directed by the representative.
36.07 Designated Licensees are subject to testing in the following situations:
(a) Reasonable Cause
Designated Licensees are required to submit to testing on request whenever the Commission Representative has reasonable grounds to believe that the actions, appearance or conduct of a Designated Licensee are consistent with, or indicative of the use of drugs or alcohol, or where the Designated Licensees have been involved in an incident or accident and the Commission has reasonable grounds to believe that alcohol or drug use may have been a contributing factor. The decision to test shall be made by a Commission Representative.
(b) Post Incident/Accident
Designated Licensees may be subject to alcohol and drug testing after a significant accident, incident or near miss that occurs at a Commission licensed facility as part of a full investigation into the circumstances. The decision to refer an individual or a group of individuals for a test will be made by the Commission Representative investigating the incident.
(c) Unannounced Drug Testing
Designated Licensees are subject to drug testing which will take place on an unannounced basis throughout the racing season. Selection for testing will be handled through an independent selection system managed by the Commission’s Program Administrator.
(d) Required Alcohol Testing
All Designated Licensees are subject to alcohol testing at any time that they are engaged in the business of racing at a licensed facility.
(e) Return to Duty - Post Violation
Following a violation resulting in a suspension, Designated Licensees will be required to pass a return to duty alcohol and drug test and will be subject to unannounced testing as a condition of continued licensing as set out in an agreement with the Commission and the provisions of 38.08 (f).
(f) Return to Duty - Post Treatment
Following a violation resulting in a Designated Licensee completing primary treatment for an alcohol or drug problem, Designated Licensees may be subject to testing as a monitoring tool as determined on a case by case basis to support the Designated Licensee’s recovery.
(g) Failure to Test
Any Designated Licensee who fails to report directly for a test, re fuses to submit to a test, re fuses to agree to dis closure of a test result to the Program Administrator, or whose test results in a report from the Medical Review Officer stating that the sample has been adulterated or tampered with, violates of the Alcohol and Drug Rules with consequences set out in 38.08 (d).
(h) Dilute Samples
If the laboratory identifies a dilute sample, the designated licensee will be required to complete another test.
36.07 Testing Protocol – Illegal Drugs, Prohibited Substances and Impairing Prescription Medications
A person required to undergo testing for the presence in his or her body of Illegal Drugs, Prohibited Substances or Impairing Prescription Medications, or a combination of these substances, shall provide a sample of bodily fluid to a Commission Representative at a time and place and in a manner directed by the Representative.
36.08 The penalties for Designated Licensees are as follows:
(a) Alcohol: Test Result of .02 to .039 BAC
(i) for a first violation, suspension from per forming the duty or duties for which he/she is licensed for that day, a $100 monetary penalty and reminder of the policy requirements and suggested referral for assistance;
(ii) for a second violation, suspension from per forming the duty or duties for which he/she is li censed for that day, a $300 monetary penalty and suspension of 5 days if committed within 12 months of the first monetary penalty, and the licensee will be referred to a Substance Abuse Professional (SAP) for evaluation to deter mine the need for a structured assistance program and must provide a negative return to duty drug and alcohol test;
(iii) any subsequent violation within 12 months of the second violation shall result in suspension from performing the duty or duties for which they are licensed and they shall be referred to the Commission.
(b) Alcohol: Test result of .04 to .079 BAC
(i) a for a first violation, suspension from per forming the duty or duties for which he/she is licensed for that day, a $300 monetary penalty, a suspension for five (5) days, a reminder of the policy requirements and a suggested referral for assistance and must provide a negative return to duty alcohol test;
(ii) for a second violation, suspension from per forming the duty or duties for which he/she is licensed for that day, a fine 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 deter mine the need for a structured assistance program if they choose to return to duties with the Commission, 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;
(iii) any subsequent violation within 12 months of the second violation shall result in suspension from performing the duty or duties for which they are licensed and they shall be referred to the Registrar.
(c) Illegal Drugs or Alcohol test result of .08 BAC or higher
(i) for a first violation suspension from per forming 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 deter mine the need for a structured assistance program if they choose to return to their duties with the 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;
(ii) any subsequent violation within 12 months of the first offence violation shall result in suspension from per forming the duty or duties for which they are li censed and they shall be referred to the Registrar.
(d) Refusal to Test Situation (including adulterating/tampering with the sample)
A first offence violation shall result in suspension from per forming the duty or duties for which they are licensed and they shall be referred to the Registrar.
(e) Subsequent Offence Violation Situation
The penalty for a second violation will be administered in accordance with the specific penalties for that second violation category.
(f) Post Violation Agreements
Specific conditions will be set out by agreement with the Designated Licensee which will include, at a minimum the following:
(i) full cooperation with the Substance Abuse Professional (SAP) assessment process;
(ii) adherence to any recommended treatment, monitoring, and after care program; (iii) maintenance of sobriety on return to duty;
(iv) successful completion of a return to duty alcohol and drug test;
(v) ongoing unannounced testing for a period set out in the agreement; and
(vi) no further violations of the policy.
Although the Registrar will refer individuals who test positive to qualified services, the cost of these services is not covered by the Commission. All costs associated with assessment, treatment and after care, will be at the expense of the individual.
(g) Referral to the Registrar
Designated Licensees who have been suspended from performing the duties for which they are licensed and who are referred to the Registrar:
(i) must provide proof that they have a negative result before applying for a hearing to be reinstated;
(ii) will be referred to the Registrar within twenty (20) days of the request for reinstatement;
(iii) will have a continued suspension from all licensed activities, du ties and responsibilities and barred from attendance at all Commission licensed Raceways pending final disposition by the Registrar.
The referral to the Registrar is for the sole purpose of determining the future status of the licensee, which may include a lifetime ban from the sport, and industry of racing, or other specific conditions.
36.08 Immediate Suspension – Illegal Drugs, Prohibited Substances in a Licensee in a Safety Sensitive Position
Should an Illegal Drug or a Prohibited Substance be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.
36.09 The Registrar has the authority and discretion to indefinitely suspend any Designated Licensee who:
(a) tests .02 BAC or greater;
(b) has been tested in a reasonable cause or post incident situation pending the results of the test;
(c) has refused to complete the testing process as directed by the Registrar.
36.09 Immediate Suspension – Impairing Prescription Medication without a Valid Prescription in a Safety Sensitive Position
Should an Impairing Prescription Medication be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing and the licensee cannot show that he or she has a valid prescription for the medication, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.
36.10 Definitions moved to Chapter 2.
36.10 Immediate Suspension – Impairing Prescription Medication with a Valid Prescription in a Safety Sensitive Position
Should an Impairing Prescription Medication be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing and, notwithstanding that the medication has been validly prescribed to the licensee, a Commission Representative has reasonable grounds to believe that the licensee displays signs that the licensee’s physical or cognitive abilities are impaired extent that there is a potential that the licensee cannot safely perform the activities of the Safety Sensitive Position, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.
36.11 Whether breath analysis testing equipment is or is not available, and if due to alcohol or drug impairment, a person is unfit to drive, or carry out his or her duties, or whose conduct may reflect adversely on the sport, he/she shall forthwith be suspended for the remainder of that day and may be subject to a further suspension and monetary penalty as the Judges or other officials see fit.
36.11 Immediate Suspension – Reasonable Cause Testing for Illegal Drugs, Prohibited Substances or Impairing Prescription Medication
A licensee or Designated Racing Official is suspended from his or her duties until a Medical Review Officer notifies the licensee or Designated Racing Official that he or she may return to his or her duties, if, after a test under 36.05, Alcohol, an Illegal Drug, Prohibited Substance or Impairing Prescription Medication is present in the body of a licensee or Designated Racing Official at the time of testing and,
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
An a situation where the licensee or Designated Racing Official has been involved in an incident, accident or near miss, the Commission Representative has reasonable grounds to believe that that the licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired or were impaired at the time of the incident, accident or near miss.
36.12 Any official who fails to report a participant, whom he/she might reason ably deter mine to have been consuming alcoholic beverages or drugs, to the Judges violates these rules and shall be subject to a monetary penalty or suspended, or both.
36.12 Penalties for Violations of 36.01 – Safety Sensitive Positions
The penalties for a violation of 36.01(d) are the following:
Where the breath sample provided results in a test result of .02 to .039 BAC,
For a first violation, a suspension from performing the duty or duties for which he or she is licenced for that day, a $100 monetary penalty, a reminder of the policy requirements and a suggested referral for assistance;
For a second violation, a suspension from performing the duty or duties for which he or she is licenced 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
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.
Where the breath sample provided results in a test result of .04 to .079 BAC,
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,
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,
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.
Where the breath sample provided results in a test result of .08 BAC or higher.
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,
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.
Violations of 36.01, other than 36.01(d), and 36.02 and 36.03 shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.
36.13 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.
36.13 Post Violation Agreements
A licensee or Designated Racing Official who has violated any of 36.01, 36.02, or 36.03 may be directed by the Registrar to enter into a Post Violation Agreement which will, at a minimum, include the following:
Full cooperation with the Substance Abuse Professional (SAP) assessment process,
Adherence to any recommended treatment, monitoring, and aftercare program,
Maintenance of sobriety on return to duty,
Successful completion of a return to duty alcohol and drug test,
Ongoing unannounced testing for a period set out in the agreement, and
No further violations of the policy.
Although the Registrar will refer licensees and Designated Racing Officials who test positive to qualified services, the cost of these services to persons not employed by the Commission is not covered by the Commission. All costs associated with assessment, treatment and aftercare, will be at his or her own expense.
36.14 Immediate Suspension and Referral – Refusal to Test, Adulterating or Tampering with Sample
Where a licensee refuses to undergo testing as required by this Rule 36 or adulterates or tampers with, or attempts to adulterate or tamper with, a sample provided under this Rule 36, he or she shall be suspended from performing the duties for which they are licenced and the matter shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.
36.15 Nothing in this Rule 36 restricts a Judge’s authority to impose a penalty under 6.01for conduct prejudicial to the best interests of racing including, but not limited to, penalties for the following:
Possession, distribution, manufacture, offering for sale of Illegal Drugs, Illegal Drug paraphernalia, Prohibited Substances or Prohibited Substances paraphernalia;
Manufacture, distribution or offering for sale of drugs for which a prescription is required in Canada; or
Possession of Impairing Prescription Medications that are not legally prescribed to the person possessing them.
36.16 Nothing in this Rule 36 restricts a Judge’s authority under 6.01 to impose a penalty under that rule in circumstances where the Judge has reasonable grounds to believe that a licensee or Designated Racing Official is not capable of performing his or her activities or duties relating to the business of horse racing, whether due to impairment or any other reason.
36.17 Any licensee or Designated Racing Official who fails to report a participant whom he or she might reasonably determine to have been consuming Alcohol, Illegal Drugs or Prohibited Substances, to the Judges violates these rules and shall be subject to a monetary penalty or suspension, or both.
36.18 Additional Penalties
No Raceway, Association, or licensed body shall impose a penalty upon a licensee who has violated this rule, unless that licensee is directly employed by that Raceway, Association or licensed body.
BY ORDER OF THE REGISTRAR
Jean Major
Chief Executive Officer and
Registrar of Alcohol, Gaming and Racing
Appendix “A”
Rules of Standardbred Racing 2016 – revised
Chapter 2
DEFINITIONS
Alcohol means the intoxicating agent in Beverage Alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl.
BAC means Blood Alcohol Concentration. It is the grams of alcohol in 100 milliliters of blood when referenced as .02 to .039 BAC and the equivalent of 20 to 39 milligrams of alcohol in 100 milliliters of blood.
Beverage Alcohol means beer, wine and distilled spirits.
Illegal Drug means any drug or substance which is not legally obtainable and whose use, sale, possession, purchase or transfer is restricted or prohibited by law.
Impairing Prescription Medication means a substance, other than Marihuana, that may be legally prescribed by a health care professional in Canada and that has the potential to impair the physical or cognitive abilities of the person using the substance, regardless of whether the substance is or is not used as prescribed.
Marihuana means all parts of the Cannabis plant, its derivatives and compounds that contain the psychoactive cannabinoid chemical “delta-9-tetrahydro-cannabinol” (THC).
Prohibited Substance means any substance which the Registrar has declared prohibited and includes Marihuana.
Safety Sensitive Position means a position, as determined by the Registrar, in which a licensee has a direct role in racing such that Alcohol, Illegal Drug, Impairing Prescription Medication or Prohibited Substance use could result in:
An incident affecting the health or safety of employees, licensees, patrons, horses, or the public; or
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:
The type and amount of contact the position has with horses
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:
Standardbred: driver, trainer, groom, starting gate personnel, horse identifier, commission and official veterinarian, outrider and blacksmith, test inspector, TCO2 technician and track maintenance personnel.
Chapter 36
ALCOHOL AND DRUG VIOLATIONS - HUMAN
36.01 A licensee in a Safety Sensitive Position is prohibited from the following:
(a) Using an Illegal Drug or a Prohibited Substance at a licenced facility;
(b) Performing activities of the Safety Sensitive Position at a licenced facility while an Illegal Drug or a Prohibited Substance is present in his or her body;
(c) Consuming Alcohol at a licenced facility while performing, or reasonably prior to performing activities, of a Safety Sensitive Position;
(d) Performing activities of the Safety Sensitive Position at a licenced facility while having a BAC of .02 or higher;
(e) Using, at a licenced facility, any Impairing Prescription Medication without a prescription for the licensee’s use of that medication;
(f) Performing activities of the Safety Sensitive Position at a licenced facility while an Impairing Prescription Medication for which the licensee does not have a prescription for use is present in his or her body;
(g) Intentionally using, at a licenced 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;
(h) Performing activities of the Safety Sensitive Position at a licenced facility while,
a. An Impairing Prescription Medication intentionally used in a manner not prescribed to the licensee is present is his or her body, and
b. 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.
(i) Within the first eight hours of an event described in 36.03(a) or until tested or advised by a Commission Representative under 36.03(a) that a test is not required, using an Illegal Drug or a Prohibited Substance or consuming Alcohol or using any Impairing Prescription Medication without a prescription for the licensee’s use or intentionally using any Impairing Prescription Medication prescribed for the licensee’s use in a manner not prescribed.
36.02 A licensee in a Safety Sensitive Position called in unexpectedly activities of a Safety Sensitive Position in a manner that would violate 36.01(b), (d), (f) or (h) shall decline the request.
36.03 A licensee or Designated Racing Official shall not be present at a licenced facility in the following circumstances:
Alcohol, an Illegal Drug, a Prohibited Substance or an Impairing Prescription Medication is present in his or her body, and
He or she displays signs that his or her physical or cognitive abilities are impaired to the extent that there is a potential that the licensee or Designated Racing Official cannot safely perform his or her activities or duties related to the business of racing, he or she poses a safety risk to himself or herself, to other persons or to horses or, in a situation where the licensee or Designated Racing Official has been involved in an incident, accident or near miss, the licensee or Designated Racing Official displays signs of physical or cognitive impairment.
36.04 A licensee in a Safety Sensitive Position is subject to testing in the following situations:
(a) 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.
(b) 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.
(c) 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.
(d) Return to Duty – Post Violation
Where a licensee seeks to return to a Safety Sensitive Position after a suspension for a violation of a prohibition in 36.01, he or she will be required to undergo testing for the presence of Alcohol, Illegal Drugs, Prohibited Substances, Impairing Prescription Medication, or a combination of these substances in his or her body and the test or tests must show no presence of such substances in his or her body before the licensee may return to such a position. In addition, it shall be a condition of the licensee’s licence as set out in a Post-Violation Agreement described in 36.13 that the licensee will be required to undergo testing for the presence of Illegal Drugs, Prohibited Substances, Impairing Prescription Medication or a combination of these substances in his or her body without notice to the licensee at any time.
(e) 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.
(f) Additional Testing
Where a laboratory conducting a test for the presence of an Illegal Drug, a Prohibited Substance or an Impairing Prescription Medication reports that the testing of the sample cannot provide an accurate determination of the presence or the amount of the substance in the licensee’s body for whatever reason, including that the sample is a dilute sample, the licensee shall submit to an additional test, if directed by a Commission Representative.
36.05 Reasonable Cause Testing
Any licensee and any Designated Racing Official engaged in the business of racing at a licenced facility, whether or not he or she is in a Safety Sensitive Position, shall submit to the testing for the presence in his or her body of Alcohol, Illegal Drugs, Prohibited Substances or Impairing Prescription Medications on the request of a Commission Representative where,
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
The licensee or Designated Racing Official has been involved in an incident, accident or near miss and a Commission Representative has reasonable grounds to believe that that the licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired or were impaired at the time of the incident, accident or near miss.
36.06 Testing Protocol – Alcohol
A person required to undergo testing for the presence of Alcohol in his or her body shall provide a breath sample to a Commission Representative for analysis at a time and place and in a manner directed by the representative.
36.07 Testing Protocol – Illegal Drugs, Prohibited Substances and Impairing Prescription Medications
A person required to undergo testing for the presence in his or her body of Illegal Drugs, Prohibited Substances or Impairing Prescription Medications, or a combination of these substances, shall provide a sample of bodily fluid to a Commission Representative at a time and place and in a manner directed by the Representative.
36.08 Immediate Suspension – Illegal Drugs, Prohibited Substances in a Licensee in a Safety Sensitive Position
Should an Illegal Drug or a Prohibited Substance be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.
36.09 Immediate Suspension – Impairing Prescription Medication without a Valid Prescription in a Safety Sensitive Position
Should an Impairing Prescription Medication be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing and the licensee cannot show that he or she has a valid prescription for the medication, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.
36.10 Immediate Suspension – Impairing Prescription Medication with a Valid Prescription in a Safety Sensitive Position
Should an Impairing Prescription Medication be found to be present in the body of a licensee in a Safety Sensitive Position at the time of testing and, notwithstanding that the medication has been validly prescribed to the licensee, a Commission Representative has reasonable grounds to believe that the licensee displays signs that the licensee’s physical or cognitive abilities are impaired extent that there is a potential that the licensee cannot safely perform the activities of the Safety Sensitive Position, the licensee is suspended from his or her duties until a Medical Review Officer has reviewed the result and provided a report to the Commission or a Commission Representative. Upon reviewing the report the Commission Representative will make a recommendation to the Registrar concerning the future status of the licensee.
36.11 Immediate Suspension – Reasonable Cause Testing for Illegal Drugs, Prohibited Substances or Impairing Prescription Medication
A licensee or Designated Racing Official is suspended from his or her duties until a Medical Review Officer notifies the licensee or Designated Racing Official that he or she may return to his or her duties, if, after a test under 36.05, Alcohol, an Illegal Drug, Prohibited Substance or Impairing Prescription Medication is present in the body of a licensee or Designated Racing Official at the time of testing and,
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
An a situation where the licensee or Designated Racing Official has been involved in an incident, accident or near miss, the Commission Representative has reasonable grounds to believe that that the licensee’s or Designated Racing Official’s physical and cognitive abilities are impaired or were impaired at the time of the incident, accident or near miss.
36.12 Penalties for Violations of 36.01 – Safety Sensitive Positions
The penalties for a violation of 36.01(d) are the following:
Where the breath sample provided results in a test result of .02 to .039 BAC,
For a first violation, a suspension from performing the duty or duties for which he or she is licenced for that day, a $100 monetary penalty, a reminder of the policy requirements and a suggested referral for assistance;
For a second violation, a suspension from performing the duty or duties for which he or she is licenced 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
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.
Where the breath sample provided results in a test result of .04 to .079 BAC,
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,
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,
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.
Where the breath sample provided results in a test result of .08 BAC or higher.
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,
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.
Violations of 36.01, other than 36.01(d), and 36.02 and 36.03 shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.
36.13 Post Violation Agreements
A licensee or Designated Racing Official who has violated any of 36.01, 36.02, or 36.03 may be directed by the Registrar to enter into a Post Violation Agreement which will, at a minimum, include the following:
Full cooperation with the Substance Abuse Professional (SAP) assessment process,
Adherence to any recommended treatment, monitoring, and aftercare program,
Maintenance of sobriety on return to duty,
Successful completion of a return to duty alcohol and drug test,
Ongoing unannounced testing for a period set out in the agreement, and
No further violations of the policy.
Although the Registrar will refer licensees and Designated Racing Officials who test positive to qualified services, the cost of these services to persons not employed by the Commission is not covered by the Commission. All costs associated with assessment, treatment and aftercare, will be at his or her own expense.
36.14 Immediate Suspension and Referral – Refusal to Test, Adulterating or Tampering with Sample
Where a licensee refuses to undergo testing as required by this Rule 36 or adulterates or tampers with, or attempts to adulterate or tamper with, a sample provided under this Rule 36, he or she shall be suspended from performing the duties for which they are licenced and the matter shall be referred to the Registrar who may impose a monetary penalty, a suspension, make directions, impose conditions, or a combination of all of these.
36.15 Nothing in this Rule 36 restricts a Judge’s authority to impose a penalty under 6.01for conduct prejudicial to the best interests of racing including, but not limited to, penalties for the following:
Possession, distribution, manufacture, offering for sale of Illegal Drugs, Illegal Drug paraphernalia, Prohibited Substances or Prohibited Substances paraphernalia;
Manufacture, distribution or offering for sale of drugs for which a prescription is required in Canada; or
Possession of Impairing Prescription Medications that are not legally prescribed to the person possessing them.
36.16 Nothing in this Rule 36 restricts a Judge’s authority under 6.01 to impose a penalty under that rule in circumstances where the Judge has reasonable grounds to believe that a licensee or Designated Racing Official is not capable of performing his or her activities or duties relating to the business of horse racing, whether due to impairment or any other reason.
36.17 Any licensee or Designated Racing Official who fails to report a participant whom he or she might reasonably determine to have been consuming Alcohol, Illegal Drugs or Prohibited Substances, to the Judges violates these rules and shall be subject to a monetary penalty or suspension, or both.
36.18 Additional Penalties
No Raceway, Association, or licensed body shall impose a penalty upon a licensee who has violated this rule, unless that licensee is directly employed by that Raceway, Association or licensed body.
Appendix “B”
Rules of Standardbred Racing – previous version
Chapter 2
DEFINITIONS
BAC means Blood Alcohol Content. It is the grams of alcohol in 100 milliliters of blood when referenced as .02 to .039 BAC and the equivalent of 20 to 39 milligrams of alcohol in 100 milliliters of blood.
Drug means any substance, including alcohol, illegal drugs or medications, the use of which has the potential to adversely affect the way a person thinks, feels or acts. Drugs of concern are those that inhibit a person’s ability to perform his or her job safely and productively, including the following:
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl.
Beverage Alcohol refers to beer, wine and distilled spirits.
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.
Medication means a drug obtained legally, either over-the-counter or through a prescription.
Fit for Work means being able to safely and effectively perform assigned duties without any limitations due to the use or after-effects of alcohol, illegal drugs, medications or other substances that can impact performance.
Safety Sensitive Position means a position 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:
An incident affecting the health or safety of employees, licensees, patrons, horses, or the public; or
An inadequate response or failure to respond to an emergency or operational situation.
This category includes any and all individuals required to temporarily act in a Safety Sensitive Position.
The following positions are included:
Standardbred: driver, trainer, groom, starting gate personnel, horse identifier, commission and official veterinarian, outrider and blacksmith, test inspector, TCO2 technician and track maintenance personnel.
Chapter 36
ALCOHOL AND DRUG VIOLATIONS - HUMAN
36.01 All Designated Racing Officials and individuals who hold a safety sensitive position are subject to the following Alcohol & Drug Rules.
36.02 Designated Licensees are prohibited from the following:
(a) the use, possession, distribution, manufacture, offering or sale of illegal drugs or illegal drug paraphernalia;
b) reporting for work under the influence of illegal drugs;
c) the presence in the body of illicit drugs or unprescribed drugs for which a prescription is legally required in Canada, as determined through the testing program.
36.03 Designated Licensees are prohibited from the following:
(a) reporting for work under the influence of alcohol from any source;
(b) the use of alcohol within the first eight hours after an accident or until tested or advised by the Commission that a test is not required.
36.04 Designated Licensees are prohibited from the following:
(a) the intentional misuse of medications including using medication not as prescribed, using someone else’s prescription medication, combining medication and alcohol use against direction; and
(b) the unauthorized possession of prescribed medications without a legally obtained prescription, and unauthorized distribution, offering or sale of prescription medications (trafficking).
The onus rests with Designated Licensees to investigate (through their doctor or pharmacist) whether a medication can affect safe operation and take appropriate action to minimize safety risk.
36.05 Designated Licensees called in unexpectedly and requested to perform unscheduled duties associated with the business of racing while under the influence of alcohol, drugs or medications that could impact safety and/or breach the Alcohol and Drug Rules shall decline the request.
36.06 In accordance with the Horse Racing Licence Act, 2015, the Commission may conduct unannounced searches where there are reasonable grounds to believe a prohibited substance is present on Commission li censed premises in violation of the Rules of Racing or specific track rules. Prohibited substances include illegal drugs and prescribed medications possessed without a legally obtained prescription as set out in Rule 36.02.
36.07 Designated Licensees are subject to testing in the following situations:
(a) Reasonable Cause
Designated Licensees are required to submit to testing on request whenever the Commission Representative has reasonable grounds to believe that the actions, appearance or conduct of a Designated Licensee are consistent with, or indicative of the use of drugs or alcohol, or where the Designated Licensees have been involved in an incident or accident and the Commission has reasonable grounds to believe that alcohol or drug use may have been a contributing factor. The decision to test shall be made by a Commission Representative.
(b) Post Incident/Accident
Designated Licensees may be subject to alcohol and drug testing after a significant accident, incident or near miss that occurs at a Commission licensed facility as part of a full investigation into the circumstances. The decision to refer an individual or a group of individuals for a test will be made by the Commission Representative investigating the incident.
(c) Unannounced Drug Testing
Designated Licensees are subject to drug testing which will take place on an unannounced basis throughout the racing season. Selection for testing will be handled through an independent selection system managed by the Commission’s Program Administrator.
(d) Required Alcohol Testing
All Designated Licensees are subject to alcohol testing at any time that they are engaged in the business of racing at a licensed facility.
(e) Return to Duty - Post Violation
Following a violation resulting in a suspension, Designated Licensees will be required to pass a return to duty alcohol and drug test and will be subject to unannounced testing as a condition of continued licensing as set out in an agreement with the Commission and the provisions of 38.08 (f).
(f) Return to Duty - Post Treatment
Following a violation resulting in a Designated Licensee completing primary treatment for an alcohol or drug problem, Designated Licensees may be subject to testing as a monitoring tool as determined on a case by case basis to support the Designated Licensee’s recovery.
(g) Failure to Test
Any Designated Licensee who fails to report directly for a test, re fuses to submit to a test, re fuses to agree to dis closure of a test result to the Program Administrator, or whose test results in a report from the Medical Review Officer stating that the sample has been adulterated or tampered with, violates of the Alcohol and Drug Rules with consequences set out in 38.08 (d).
(h) Dilute Samples
If the laboratory identifies a dilute sample, the designated licensee will be required to complete another test.
36.08 The penalties for Designated Licensees are as follows:
(a) Alcohol: Test Result of .02 to .039 BAC
(i) for a first violation, suspension from per forming the duty or duties for which he/she is licensed for that day, a $100 monetary penalty and reminder of the policy requirements and suggested referral for assistance;
(ii) for a second violation, suspension from per forming the duty or duties for which he/she is li censed for that day, a $300 monetary penalty and suspension of 5 days if committed within 12 months of the first monetary penalty, and the licensee will be referred to a Substance Abuse Professional (SAP) for evaluation to deter mine the need for a structured assistance program and must provide a negative return to duty drug and alcohol test;
(iii) any subsequent violation within 12 months of the second violation shall result in suspension from performing the duty or duties for which they are licensed and they shall be referred to the Commission.
(b) Alcohol: Test result of .04 to .079 BAC
(i) a for a first violation, suspension from per forming the duty or duties for which he/she is licensed for that day, a $300 monetary penalty, a suspension for five (5) days, a reminder of the policy requirements and a suggested referral for assistance and must provide a negative return to duty alcohol test;
(ii) for a second violation, suspension from per forming the duty or duties for which he/she is licensed for that day, a fine 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 deter mine the need for a structured assistance program if they choose to return to duties with the Commission, 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;
(iii) any subsequent violation within 12 months of the second violation shall result in suspension from performing the duty or duties for which they are licensed and they shall be referred to the Registrar.
(c) Illegal Drugs or Alcohol test result of .08 BAC or higher
(i) for a first violation suspension from per forming 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 deter mine the need for a structured assistance program if they choose to return to their duties with the 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;
(ii) any subsequent violation within 12 months of the first offence violation shall result in suspension from per forming the duty or duties for which they are li censed and they shall be referred to the Registrar.
(d) Refusal to Test Situation (including adulterating/tampering with the sample)
A first offence violation shall result in suspension from per forming the duty or duties for which they are licensed and they shall be referred to the Registrar.
(e) Subsequent Offence Violation Situation
The penalty for a second violation will be administered in accordance with the specific penalties for that second violation category.
(f) Post Violation Agreements
Specific conditions will be set out by agreement with the Designated Licensee which will include, at a minimum the following:
(i) full cooperation with the Substance Abuse Professional (SAP) assessment process;
(ii) adherence to any recommended treatment, monitoring, and after care program;
(iii) maintenance of sobriety on return to duty;
(iv) successful completion of a return to duty alcohol and drug test;
(v) ongoing unannounced testing for a period set out in the agreement; and
(vi) no further violations of the policy.
Although the Registrar will refer individuals who test positive to qualified services, the cost of these services is not covered by the Commission. All costs associated with assessment, treatment and after care, will be at the expense of the individual.
(g) Referral to the Registrar
Designated Licensees who have been suspended from performing the duties for which they are licensed and who are referred to the Registrar:
(i) must provide proof that they have a negative result before applying for a hearing to be reinstated;
(ii) will be referred to the Registrar within twenty (20) days of the request for reinstatement;
(iii) will have a continued suspension from all licensed activities, du ties and responsibilities and barred from attendance at all Commission licensed Raceways pending final disposition by the Registrar.
The referral to the Registrar is for the sole purpose of determining the future status of the licensee, which may include a lifetime ban from the sport, and industry of racing, or other specific conditions.
36.09 The Registrar has the authority and discretion to indefinitely suspend any Designated Licensee who:
(a) tests .02 BAC or greater;
(b) has been tested in a reasonable cause or post incident situation pending the results of the test;
(c) has refused to complete the testing process as directed by the Registrar.
36.10 Definitions moved to Chapter 2.
36.11 Whether breath analysis testing equipment is or is not available, and if due to alcohol or drug impairment, a person is unfit to drive, or carry out his or her duties, or whose conduct may reflect adversely on the sport, he/she shall forthwith be suspended for the remainder of that day and may be subject to a further suspension and monetary penalty as the Judges or other officials see fit.
36.12 Any official who fails to report a participant, whom he/she might reason ably deter mine to have been consuming alcoholic beverages or drugs, to the Judges violates these rules and shall be subject to a monetary penalty or suspended, or both.
36.13 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.
Preamble
WHEREAS after consulting with the public and industry with respect to proposed rule changes and consistent with the Alcohol and Gaming Commission of Ontario (AGCO)’s movement towards standards-based rules, there was favorable support in the Standardbred industry to revise the current rules and implement a ban on race day medication, with exception of Furosemide properly administered in accordance with the Ontario Standardbred Exercise Induced Pulmonary Haemorrhage (EIPH) Program;
AND WHEREAS this rule is not intended to prohibit normal, non-medicated feedstuffs (natural feed such as oats, sweet feed, pellets, hay and hay cubes) and water, non medicated shampoos and topical applications, hoof oils/dressings;
AND WHEREAS this rule will enhance the health and safety of horses and participants, and the integrity of racing;
TAKE NOTICE that the Registrar hereby orders the Rules of Standardbred Racing be amended as follows effective April 19, 2019:
…
6.53 No person shall administer, attempt to administer, or cause to be administered, any medication or substance by a nasogastric tube to a horse on race day prior to its race, m cept for emergency treatment, which treatment will result in the horse being scratched from the race.
…
…
8.11 A veterinarian may be held wholly or partially responsible if any drug, substance or medication administered or prescribed by him/her results in:
and, if held wholly or partially responsible, may be assessed a monetary penalty and/or suspended by the Judges.
…
26.02.03 Notwithstanding 26.02.01, the Commission and all delegated officials shall consider the following to be absolute liability violations:
By the order of the Registrar
Jean Major
Registrar
Preamble
WHEREAS after consulting with the public and industry with respect to proposed rule changes there was favorable support in the Standardbred industry to revise the current rules to expand instances where claims would be invalidated to include when a horse dies on the racetrack, or suffers an injury which requires euthanasia while on the racetrack.
AND WHEREAS this rule will enhance the health and safety of horses and participants, and the integrity of racing;
TAKE NOTICE that the Registrar hereby orders the Rules of Standardbred Racing be amended as follows effective April 20, 2019:
15.20.01
The Judges, at the option of the claimant, shall rule a claim invalid:
BY THE ORDER OF THE REGISTRAR
Jean Major
Registrar
WHEREAS after meeting with industry stakeholders and responding to requests to consider revising the current rules and Directives with respect to urging and specifically that use of the whip be limited to wrist action only;
AND WHEREAS this rule will enhance the health and safety of horses and participants, and the integrity of racing;
AND WHEREAS enforcement of the revisions will commence at Woodbine Mohawk Park, the revisions will be phased in across all Standardbred racetracks in Ontario at dates to be determined;
TAKE NOTICE that the Registrar rescinds Policy Directive No. 5-2009: Penalty Guidelines for Inappropriate Urging of a Horse in Standardbred Racing and hereby orders the Rules of Standardbred Racing be amended commencing June 3, 2019:
22.23.03 At any time while on the grounds of an Association, it is a violation of the Rules for a driver, or the person in control of the horse, to use the whip to hit or make contact with the horse as follows:
PENALTY GUIDELINES RULE 22.23
Any violation of Rule 22.23, to include subsections 22.23.01, 22.23.02, 22.23.03 and 22.23.04 is a violation and covered by this penalty structure.
|
1st violation |
|
|---|---|
|
Minimum Fine |
$200 |
|
Minimum Driving Suspension |
3 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providinQ traininq on the Rules |
|
2nd violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
$300 |
|
Minimum Driving Suspension |
5 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
|
3rd violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
$500 |
|
Minimum Driving Suspension |
15 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
|
4th violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
|
|
Minimum Driving Suspension |
Immediate Suspension |
|
Other Penalty |
Referral to the Director |
VIOLATION - Cutting or Welting the horse
|
1st violation |
|
|---|---|
|
Minimum Fine |
$300 |
|
Minimum Driving Suspension |
10 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the
Rules |
|
2nd violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
$500 |
|
Minimum Driving Suspension |
15 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
|
3rd violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
|
|
Minimum Driving Suspension |
Immediate suspension |
|
Other Penalty |
Referral to the Director |
| Races with a purse of $100,000 and over |
|---|
| For any violation that takes place in a race where the purse is $100,000 or more, the penalty shall be a minimum fine of 20% of the driver’s earnings for placings 1st through 5th and shall be a minimum fine equivalent to 20% of the driver’s earnings for 5th place for placings 6th and on. If in the opinion of the Judges, the violation was egregious, a driving suspension may be issued. While discretion is available to the Judges, the driving suspension should be calculated at 1 day driving suspension for each $200,000 of total purse money for the race. |
|
For a violation where a driver has driven with both lines in one hand and struck the horse with the whip, the Judges shall place the horse last. |
|
Placing of a horse may be considered by the Judges where the misuse of the whip caused interference with another horse or, in the opinion of the Judges, there has been a flagrant disregard for these rules. |
Application of the Guidelines will take into consideration the following:
This Policy was established to provide more description of what constitutes a violation under the Rules regarding inappropriate urging of the horse in Ontario racing:
Indiscriminate action means unrestrained or careless activity without regard for safety or care.
For the purposes of Rule 22.23.01 (a), the following are examples of indiscriminate action but do not constitute an exhaustive list:
Excessive action means unreasonable quantity or degree.
For the purposes of Rule 22.23.01 (b), the following are examples of excessive action with respect to inappropriate urging of the horse but does not constitute an exhaustive list:
Aggressive action means inhumane, severe or brutal activity.
For the purposes of Rule 22.23.01 (c), the following are examples of aggressive action but do not constitute an exhaustive list:
Loose lining means the indiscriminate action of carelessly lengthening the lines while driving so as to allow the loopy shaking of the lines (i.e. butterfly action).
Meaningful Position (22.23.02) means the horse has a reasonable opportunity to finish in an advantageous position. Examples of meaningful include, but are not limited to, maintaining qualifying times, receiving points towards future races or earning purse monies.
Confines of the wheels (22.23.03c) means that any part of the whip cannot move outside of a line which runs parallel to the horse from a point prescribed by the outside of the race bike wheel.
Under a process established by the Executive Director in the fall of 2008 to gather industry input on the appropriate use of the whip in horse racing, it was recognized that the use of the whip is a necessary tool in racing.
The following principles were agreed to and serve as a guide for all decision making on rule development:
The outcome of the industry discussion has led to the formation of rules regarding the appropriate methods for urging a horse in racing and changes to driving styles to require a hand in each line for the entire race.
Loose lining: It was stressed by the participants that this change to driving style should not lead to the practice of “loose lining”, which means the indiscriminate action of carelessly lengthening the lines while driving so as to allow the loopy shaking of the lines (butterfly action). It was agreed that these would be the type of actions counter to the intent of the rule changes and would present an undesirable product to the wagering public.
BY THE ORDER OF THE REGISTRAR
Jean Major
Registrar
WHEREAS as of January 26, 2010, Terry BROOKS (#7306T0), Jeffrey BROOKS (#6368T7) and Andrew BROOKS (#962K25) were licensed as Owners under the Racing Commission Act, 2000, S.). 2000, c.20 (the “RCA”), and Rules of Standardbred Racing as amended;
AND WHEREAS as of January 26, 2010, Victoria BROOKS (#718K13) had recently applied for and received a stable licence effective January 11, 2010;
AND WHEREAS as of January 26, 2010, BULLETPROOF ENTERPRISES (#862K92), GOLDFINGER ENTERPRISES (#301L09), SEIZE THE DAY INDUSTRIES (#065L81), VAE LLC (#374J40) were stables associated with one or more of Terry BROOKS, Jeffrey BROOKS, Andrew BROOKS and Victoria BROOKS (together, the “Licensees”);
AND WHEREAS on January 26, 2010, the Director, Ontario Racing Commission (“Director”) found that (a) there were reasonable ground to believe that, while the Licensees carry out the activities for which a licence is required, the Licensees will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to the past conduct of the Licensees; (b) the Licensees’ conduct has placed the integrity of the horse racing industry in Ontario in question; and (c) the public interest required that the Licensees be suspended immediately (the “Order for Immediate Suspension”);
AND WHEREAS on January 26, 2010, the Director issued Standardbred Ruling Number S.B. 14/2010 (the “Freeze Order”) whereby he ordered that all Associations hold, freeze and maintain all funds, purse accounts or other monies related to the Licensees and Perfect World Enterprises (#185E79);
AND WHEREAS on or about January 26, 2010, Woodbine Entertainment Group froze funds held on behalf of the Licensees in the amount of $809,566.38 pursuant to the Freeze Order (the “Frozen Purse Monies”);
AND WHEREAS on February 2, 2010, the Director issues a Notice of Proposed Order to suspend the Licensees;
AND WHEREAS on February 10, 201o, the Licensees requested a hearing before the Ontario Racing Commission;
AND WHEREAS on or December 20, 2010, Anderson & Goodrow Equine Veterinary Professional Corp. and Doyle Bloodstock Transportation Inc., creditors of the BULLETPROOF ENTERPRISES INC., each filed Notices of Garnishment in the Ontario Superior Court of Justice - Toronto Small Claims Court, listing Woodbine Entertainment Group as Garnishee (Court File No. SC-10-110002-00 and Court File No. SC10-95124-00, respectively);
AND WHEREAS on March 30, 2011, the Ontario Superior Court of Justice - Toronto Small Claims Court ordered that Woodbine Entertainment Group pay $45,511.68 of the Frozen Purse Monies into court pending the resolution of proceedings commenced pursuant to the Notice of Proposed Order and Hearing dated February 2, 2010;
AND WHEREAS on or about April 7, 2011, Woodbine Entertainment Group accordingly paid $45,511.68 of the Frozen Purse Monies into the Ontario Superior Court of Justice - Toronto Small Claims Court pursuant to its Order dated March 30, 2011 (the “Small Claims Monies”);
AND WHEREAS on April 30, 2013, the Ontario Racing Commission resolved proceedings arising out of the Notice of Proposed Order dated February 2, 201o as against GOLDFINGER ENTERPRISES (#301L09), SEIZE THE DAY INDUSTRIES (#065L81), VAE LLC (#374J40), Terry BROOKS, Andrew BROOKS and Victoria BROOKS in exchange for the payments of fines and forfeiture of certain purses that are not subject to the Forfeiture Order (defined below);
AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission found that Jeffrey Brooks and BULLETPROOF ENTERPRISES had contravened Rules 6.13.01, 3.09, 6.13.01 and 6.20 of the Rules of Standardbred Racing;
AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission granted an order declaring the ineligibility of the following horses to race and to compete for purse money and disqualifying as ineligible the horses raced by BULLETPROOF ENTERPRISES in Ontario in 2009 and 2010 as follows:
Horses Raced in 2009
Horses Raced in 2010
AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission ordered that any purse funds by the named horses being held under the Freeze Order be forfeited by the Applicants and redistributed amongst the owners entitled pursuant to the rules of racing (the “Forfeiture Order”);
AND WHEREAS Rule 18.08.03 provides for the re-seeding of placement and re distribution of purse monies in the event of a disqualification;
AND WHEREAS the Forfeiture Order affects the seeding of 1,025 races in 2009 and 201O (the “Affected Races”);
AND WHEREAS in April 2016, the powers and duties of the Ontario Racing Commission were transferred to the Alcohol and Gaming Commission of Ontario (“AGCO”) and the Registrar (“Registrar”) upon the proclamation into force of the Horse Racing Licence Act, 2015, S.O 2015, c. 38.
AND WHEREAS by January 2018, Jeffrey BROOKS and BULLETPROOF ENTERPRISES had exhausted all avenues to appeal the Forfeiture Order, appeals to the Divisional Court and Ontario Court of Appeal having been dismissed and the time for applying for leave to appeal to the Supreme Court of Canada having expired;
AND WHEREAS the re-seeding and re-distribution in accordance with Rule 18.08.03 would require the identification, notification and participation of each owner, trainer and driver entitled to participate in the purse distribution with respect to every horse that participated in every one of the Affected Races;
AND WHEREAS the passage of time in the period since the Affected Races occurred in 2009 and 2010, and during the pendency of the hearing and appeal process, has prejudiced the Registrar’s ability to accurately identify, locate and direct payment of the appropriate share of the purse distributions to the participants;
AND WHEREAS the Registrar has determined that it is in the best interest of racing to direct the Frozen Purse Monies to the benefit of the Ontario racing industry as a whole and not to unwind all of the purse distributions from the Affected Races;
AND WHEREAS the Registrar has the power to govern, direct, control and regulate horse racing in Ontario in any or all of its forms, and to govern, control and regulate the operation of race tracks in Ontario at which any form of horse racing is carried on, pursuant to section 2 of the Horse Racing License Act, 2015;
AND WHEREAS the Commission, through the Registrar, has the authority to make rules for the conduct of horse racing, including the Rules of Standardbred Racing and General and Standardbred Directives;
AND WHEREAS the Registrar has the absolute discretion to waive the application of the Rules pursuant to his statutory authority and as confirmed in Rule 1.09 of the Rules of Standardbred Racing;
NOW THEREFORE TAKE NOTICE that the Registrar orders and directs as follows:
BY THE ORDER OF THE REGISTRAR
Jean Major
Registrar
Pari-Mutuel Racing Under Saddle Horse Racing shall be governed by the Rules of Standardbred Racing, with the following exceptions:
All references to the word “Driver” shall be deemed to be “Rider”
All references to the word “Sulky” shall be deleted.
Chapter 2: Definitions
Racing Under Saddle (RUS) means a Standardbred trotting race where the horse is ridden, not driven.
Chapter 3: Licenses
3.10.01 Where a licensee is suspended or fined by the Judges during a Standardbred harness race, the penalty shall be reciprocated for Racing Under Saddle races, and where a licensee is suspended or fined by the Judges during a Racing Under Saddle race, the penalty shall be reciprocated for Standardbred harness races.
Chapter 6: Violations, Penalties and Expulsions
6.02 (h) failure to have proper saddle cloth on a horse when racing.
6.39 Delete
6.39.01 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 6.39.02. The licensee is responsible for ensuring that his/ her helmet and safety vest meets the safety standards.
6.39.02 Where it is required under the rules, only helmets meeting the following standards shall be used:
Where it is required under the rules, only safety vests meeting the following standards shall be used:
6.39.03 A rider shall adhere to the following equipment restrictions:
(a) Riding boots shall be worn.
(b) Riding crops shall be no longer than thirty (30) inches in length; and
(c) Spurs shall not be worn.
Chapter 11: Horses Permitted to Race
11.01.02 (d), (e), (f) Delete.
11.01.2 (g) The horse is at least 3 years of age to race at any meeting but not older than 14 years of age.
11.01.2 (m) the horse has qualified on the trotting gait
11.02.1 Delete.
11.02.2 Delete.
11.09 For the purpose of eligibility to race at extended meetings, past performance lines charted at non-extended meetings or RUS races in Ontario, shall not be considered other than for the purpose of crediting the horses with the number of starts, wins and purse money earned at non-extended meetings or RUS races.
Chapter 12: Qualifying Races
Chapter 12 of the Standardbred Rules of Racing is deleted in its entirety, with the following exceptions:
12.01.01 Qualifying races will only be held for the trotting gait and a horse will be considered qualified for Racing Under Saddle races if it meets the following standards at the track where the horse is qualifying:
½ mile track – 2:08
5/8 mile track – 2:06
7/8 mile track – 2:04
12.01.02 A horse must qualify at least once on the trotting gait prior to the start of any Racing Under Saddle races in any given year, and will not need to re-qualify during that season, unless required to do so by the Judges.
12.01.03 A qualifying race scheduled for Racing Under Saddle participants must have at least three (3) horses.
Chapter 14: Overnight Events
14.03 Delete.
14.10 (c) Delete.
14.12 There shall be no trailing horses.
Chapter 15: Claiming Races
Deleted in its entirety.
Chapter 18: Placing and Money Distribution
18.08.02 If, at a race track which does not have a continuous solid in side hub rail, a horse while on stride leaves the course by going inside the hub rail or other demarcation which constitutes the inside limits of the course, the offending horse shall be placed back where, in the opinion of the judges, the action gave the horse an unfair advantage over other horses in the race, or the action helped the horse improve its position in the race. In addition, when an act of interference causes a horse to cross the inside limits of the course, and the horse is placed by the judges, the offending horse shall be placed behind the horse with which it interfered. Riders, who in the opinion of the judges, leave the racing strip when not forced to do so as a result of the actions of another riders and/or horse may be fined or suspended by the Judges.
Penalties for riders violating provision of Rule 18.08.02 are as follows:
Chapter 22: Racing Rules
22.01 (h) Delete.
22.05.01 A rider shall not commit any of the following acts which are considered violations of riding rules:
…
22.17.01 A rider must be mounted on the horse at the finish of the race or the horse must be placed as not finishing.
22.17.02 A horse shall be placed as not finishing where the rider at any time during the running of the race was not mounted on the horse but was mounted at the finish of the race. In such case, the Judges may invoke the provisions of Rule 22.32 if they deem it in the public interest to do so.
22.19 Delete
22.20 Delete
22.21.04 Delete
22.23.03 (c) & (d) Delete
22.23.03 At any time while on the grounds of an association, it is an offence for a rider, or the person in control of the horse, to use the whip to hit or make contact with the horse as follows:
f. To urge the horse other than in front of the saddle on the shoulder.
g. To strike the horse’s head with the riding crop.
22.25 Any trainer who wishes to change bridles on a horse from one race to another shall apply to the Judges for permission to do so, and no change shall be made without such permission. The Judges shall assure themselves of the necessity for any change of bridles before granting permission. Any change of a nature which the Judges are of the opinion that the public should be advised, must be shown on the program or announced to the public before any wagering occurs on that race.
22.25.01 A trainer shall adhere to the following equipment requirements:
22.25.02 A trainer shall adhere to the following equipment restrictions:
Chapter 25: Drivers
25.01 A person shall not ride a horse in a Racing Under Saddle race, other than an exhibition or schooling race, without having first obtained a rider licence valid for the current year by meeting the standards as laid down by Standardbred Canada or the United States Trotting Association and being licensed by the Commission.
25.01.01 A rider shall participate and be approved in at least three (3) qualifying races prior to receiving final approval of their initial Commission licence.
25.01.02 All applicants applying for renewal of a Racing Under Saddle license must complete one (1) satisfactory qualifier ride at the beginning of each season and submit to the judges for approval. If the renewal applicant has completed less than ten (10) rides during the previous three (3) years, he/she will be required to participate in at least (3) qualifying races prior to his/her licence being renewed.
25.02.01 Delete
WHEREAS after meeting with industry stakeholders and responding to requests to consider revising the current rules and Directives with respect to urging and specifically that use of the whip be limited to wrist action only;
AND WHEREAS this rule will enhance the health and safety of horses and participants, and the integrity of racing;
AND WHEREAS on May 3, 2019 the AGCO released Standardbred Directive No. 3 – 2019 – Revision to Urging Provisions;
TAKE NOTICE the AGCO wishes to clarify that the Penalty Guidelines and assessment of the penalty are intended to have a retrospective effect;
AND FURTHER TAKE NOTICE that the Registrar rescinds Standardbred Directive No. 3
– 2019 – Revision to Urging Provisions and hereby orders the Rules of Standardbred Racing be amended effective immediately:
…
22.23.03 At any time while on the grounds of an Association, it is a violation of the Rules for a driver, or the person in control of the horse, to use the whip to hit or make contact with the horse as follows:
…
22.23.05 Violation of any of the provisions in Rule 22.23.01 to 22.23.04 may result in any of the following penalties: To raise their hand(s) above their head;
Further particulars in respect to the penalties are provided in Standardbred Directive No. 1 – 2020, which also provides principles which serve as a guide for interpretation. The Directive may be modified from time to time by the Registrar.
PENALTY GUIDELINES RULE 22.23
Any violation of Rule 22.23, to include subsections 22.23.01, 22.23.02, 22.23.03 and
22.23.04 is a violation and covered by this penalty structure.
VIOLATION – Inappropriate urging of the horse
|
1st violation |
|
|---|---|
|
Minimum Fine |
$200 |
|
Minimum Driving Suspension |
3 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
|
2nd violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
$300 |
|
Minimum Driving Suspension |
5 days |
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Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
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3rd violation within one year of the 1st violation |
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|---|---|
|
Minimum Fine |
$500 |
|
Minimum Driving Suspension |
15 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
|
4th violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
|
|
Minimum Driving Suspension |
Immediate Suspension |
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Other Penalty |
Referral to the Director |
VIOLATION – Cutting or Welting the horse
|
1st violation |
|
|---|---|
|
Minimum Fine |
$300 |
|
Minimum Driving Suspension |
10 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
|
2nd violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
$500 |
|
Minimum Driving Suspension |
15 days |
|
Other Penalty |
Mandatory meeting with the Judges for the purposes of providing training on the Rules |
|
3rd violation within one year of the 1st violation |
|
|---|---|
|
Minimum Fine |
|
|
Minimum Driving Suspension |
Immediate suspension |
|
Other Penalty |
Referral to the Director |
|
Races with a purse of $100,000 and over |
|---|
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For any violation that takes place in a race where the purse is $100,000 or more, the penalty shall be a minimum fine of 20% of the driver’s earnings for placings 1st through 5th and shall be a minimum fine equivalent to 20% of the driver’s earnings for 5th place for placings 6th and on. If in the opinion of the Judges, the violation was egregious, a driving suspension may be issued. While discretion is available to the Judges, the driving suspension should be calculated at 1 day driving suspension fo each $200,000 of total purse money for the race. |
|
For a violation where a driver has driven with both lines in one hand and struck the horse with the whip, the Judges shall place the horse last. |
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Placing of a horse may be considered by the Judges where the misuse of the whip caused interference with another horse or, in the opinion of the Judges, there has been a flagrant disregard for these rules. |
Application of the Guidelines will take into consideration the following:
This Policy was established to provide more description of what constitutes a violation under the Rules regarding inappropriate urging of the horse in Ontario racing:
Indiscriminate action means unrestrained or careless activity without regard for safety or care.
For the purposes of Rule 22.23.01 (a), the following are examples of indiscriminate action but do not constitute an exhaustive list:
Excessive action means unreasonable quantity or degree.
For the purposes of Rule 22.23.01 (b), the following are examples of excessive action with respect to inappropriate urging of the horse but does not constitute an exhaustive list:
Aggressive action means inhumane, severe or brutal activity.
For the purposes of Rule 22.23.01 (c), the following are examples of aggressive action but do not constitute an exhaustive list:
Loose lining means the indiscriminate action of carelessly lengthening the lines while driving so as to allow the loopy shaking of the lines (i.e. butterfly action).
Meaningful Position (22.23.02) means the horse has a reasonable opportunity to finish in an advantageous position. Examples of meaningful include, but are not limited to, maintaining qualifying times, receiving points towards future races or earning purse monies.
Confines of the wheels (22.23.03c) means that any part of the whip cannot move outside of a line which runs parallel to the horse from a point prescribed by the outside of the race bike wheel.
Under a process established by the Executive Director in the fall of 2008 to gather industry input on the appropriate use of the whip in horse racing, it was recognized that the use of the whip is a necessary tool in racing.
The following principles were agreed to and serve as a guide for all decision making on rule development:
The outcome of the industry discussion has led to the formation of rules regarding the appropriate methods for urging a horse in racing and changes to driving styles to require a hand in each line for the entire race.
Loose lining: It was stressed by the participants that this change to driving style should not lead to the practice of “loose lining”, which means the indiscriminate action of carelessly lengthening the lines while driving so as to allow the loopy shaking of the lines (butterfly action). It was agreed that these would be the type of actions counter to the intent of the rule changes and would present an undesirable product to the wagering public.
BY THE ORDER OF THE REGISTRAR
Jean Major
Registrar