The Ontario Racing Commission at its meeting of Tuesday, January 22, 2008, approved the Penalty Guidelines for Equine Drug, TCO2 and Non-Therapeutic Drug Offences Policy as follows, effective January 31, 2008:
Penalties for Equine Drug, TCO2 and Non-Therapeutic Drug Offences
Class of Drug | 1st Offence | 2nd Offence | 3rd Offence | 4th Offence |
---|---|---|---|---|
Class I | 1 -5 years plus $5,000 fine | 5-10 years plus $20,000 fine | 10 year suspension plus fine | |
Class II | 1 -5 years plus $5,000 fine | 2-10 years plus $20,000 fine | 10 year suspension plus fine | |
Class III | 60-180 days plus $1,500 fine | 6 months-1 year plus $5,000 fine |
1 year -2 years plus $10,000 fine | 2 years or more plus $20,000 fine |
Class IV | 15-75 days plus $1,000 fine | 30-150 days plus $2,000 fine | 60-300 days plus $4,000 fine | 1 year or more plus $8,000 fine |
Class V | 15-75 days plus $1,000 fine | 30- 150 days plus $2,000 fine | 60- 300 days plus $4,000 fine | 1 year or more plus $8,000 fine |
Non-Therapeutic | 10 years plus $40,000 fine | 25 years plus $100,000 fine |
Application of the Guidelines will take into consideration the following:
BY ORDER OF THE COMMISSION
John L. Blakney
Executive Director
The Ontario Racing Commission at its meeting of Tuesday, January 22, 2008, approved the Trainer Transfer Guidelines Policy as follows:
The Ontario Racing Commission is committed to improved communication to the horse racing community. It has determined that the industry should have access to information regarding the criteria used and the decisions made surrounding trainer transfers.
The following factors shall be taken into consideration by the Judges and Stewards when making their determination of applications for trainer transfers:
Final determination of suitability is the sole discretion of the Judges and Stewards who assess situations on a case by case basis.
Judges or Stewards are required to document in the form of a ruling their decisions on applications for trainer transfers and provide in the ruling their reasons for approving or denying the transfer.
The Ontario Racing Commission at its meeting of Tuesday, January 22, 2008, approved the Licensing Terms Guidelines Policy as follows:
WHEREAS the Director has the authority to issue terms to a licence;
AND WHEREAS the Ontario Racing Commission is committed to ensuring that the integrity of the horse racing industry is maintained throughout the racing season;
TAKE NOTICE that the Director may issue terms to a licence for a two-year period for the following situations:
The following terms may be added to the licence of the Licensee as follows:
The Ontario Racing Commission at its meeting of Wednesday, March 25, 2009, resolved that the following directive, effective April 29, 2009, replaces Policy Directive 6 – 2008 governing the Commission’s policy on cancellation fees, and supersedes all prior Commission directives pertaining to cancellation fees. A cancellation fee is defined as an amount paid to the owners of horses not scratched from races, where cancellation of the races has been approved by the Executive Director or the Judges due to weather, or other factors fully outside of the control of racetrack management. Cancellation fees will also be paid where a race has been ruled a “No Contest” under Rule 22.33 and Rule 18.09 has not been applied.
A cancellation fee is not purse, although if approved, it may be distributed from the purse account. A cancellation fee will be issued as follows:
The Ontario Racing Commission at its meeting of Thursday, September 24, 2009, resolved that the following directive be approved, effective immediately.
PENALTY GUIDELINES RULE 9.27
Any violation of Rule 9.27.05, 9.27.06 and 9.27.07 is an offence and covered by this penalty structure.
Races with a purse of under $100,000
1st offence | |
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Min. Fine | $200 |
Minimum Driving Suspension | 0 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
2nd offence within one year of the 1st offence | |
---|---|
Min. Fine | $300 |
Minimum Driving Suspension | 1 day |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
3rd offence within one year of the 1st offence | |
---|---|
Min. Fine | $200 |
Minimum Driving Suspension | 0 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
4th offence within one year of the 1st offence | |
---|---|
Min. Fine | $300 |
Minimum Driving Suspension | Immediate Suspension |
Other Penalty | Referral to the Director. |
OFFENCE – Cutting or Welting the Horse
1st offence | |
---|---|
Min. Fine | $300 |
Minimum Driving Suspension | 1 day |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
2nd offence within one year of the 1st offence | |
---|---|
Min. Fine | $500 |
Minimum Driving Suspension | 3 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
3rd offence within one year of the 1st offence | |
---|---|
Min. Fine | |
Minimum Driving Suspension | Immediate Suspension |
Other Penalty | Referral to the Director. |
Races with a purse of $100,000 and over | |
---|---|
For any offence 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 jockey’s earnings for placings 1st through 5th and shall be a minimum fine equivalent to 20% of the jockey’s earning for 5th place for placings 6th and on. If in the opinion of the Stewards, the offence was egregious, a riding suspension may be issued. While discretion is available to the Stewards, the riding suspension should be calculated at 1 day riding suspension for each $200,000 of total purse money for the race. | |
Placing of a horse may be considered by the Stewards where the misuse of the riding crop caused interference with another horse or, in the opinion of the Stewards, there has been a flagrant disregard for these rules |
Application of the Guidelines will take into consideration the following:
DESCRIPTION OF TERMS
This Policy was established to provide more description of what constitutes an offence 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 9.27.05 (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 9.27.05 (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 9.27.05 (c), the following are examples of aggressive action but do not constitute an exhaustive list:
Meaningful Position (9.27.06) means the horse has a reasonable opportunity to finish in an advantageous position. Examples of meaningful include, but are not limited to, maintaining times, receiving points towards future races or earning purse monies.
Giving the horse a chance to respond (9.27.05 Excessive Action) means limiting the number of strikes applied to a horse in succession, in order to give the horse a chance to respond to the application. The rule requires that riding crop use shall not be continued if the horse is unable to respond or does not respond. The skill of the jockey comes in to play in assessing the horse’s ability to continue to respond. The riding crop is one of a number of tools available to the jockey to encourage the horse forward, weight, voice and hand riding being others.
BACKGROUND
Under a process established by the Executive Director in the fall of 2008 to gather industry input on the appropriate use of the riding crop in horse racing, it was recognized that the use of the riding crop 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.
The Ontario Racing Commission at its meeting of Thursday, September 24, 2009, resolved that the following directive be approved, effective immediately.
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 an offence and covered by this penalty structure.
OFFENCE – Inappropriate urging of the horse
1st offence | |
---|---|
Min Fine | $200 |
Minimum Driving Suspension | 3 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
2nd offence within one year of the 1st offence | |
---|---|
Min Fine | $300 |
Minimum Driving Suspension | 5 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
3rd offence within one year of the 1st offence | |
---|---|
Min Fine | $500 |
Minimum Driving Suspension | 15 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
4th offence within one year of the 1st offence | |
---|---|
Min Fine | $500 |
Minimum Driving Suspension | Immediate Suspension |
Other Penalty | Referral to the Director. |
OFFENCE – Cutting or Welting the horse
1st offence | |
---|---|
Min Fine | $300 |
Minimum Driving Suspension | 10 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
2nd offence within one year of the 1st offence | |
---|---|
Min Fine | $500 |
Minimum Driving Suspension | 15 days |
Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. |
3rd offence within one year of the 1st offence | |
---|---|
Min Fine | |
Minimum Driving Suspension | Immediate Suspension |
Other Penalty | Referral to the Director. |
Application of the Guidelines will take into consideration the following:
DESCRIPTION OF TERMS
This Policy was established to provide more description of what constitutes an offence 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) or to permit the arm to swing past a 90-degree angle to affect a wide arch when using the whip or shaking the lines.
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.
BACKGROUND
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) or permit the arm to swing past the 90 degree to effect a wide arch when using the whip. 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.
The Ontario Racing Commission at its meeting of Thursday, January 28, 2009, resolved that the following directive, effective immediately, replaces General Directive 2 – 2007 governing the Commission’s policy on minimum standards for Standardbred racetrack surfaces, and supersedes all prior Commission directives pertaining to minimum standards for Standardbred racetrack surfaces:
Minimum Standards Program
Standardbred Racetrack Surfaces
The objective of these standards is to improve the overall conditions of the racing surface, making it safer for horses and horsepeople.
RESPONSIBILITIES
Ontario Racing Commission
The ORC will oversee the implementation of the proposed standards. The ORC will also schedule annual meetings of horse people and racetrack maintenance staff and support open communication on track issues and general exchange of ideas between the parties.
Racetrack Operators
Horsepeople
Prior to a race card, a horseperson from the Track Committee will communicate with the ORC Judges and Racetrack Maintenance Supervisor regarding the current conditions of the racing surface.
Failure to Comply
Failure to meet the standards laid out in this Directive may result in fines or suspensions or both.
Racetrack Maintenance Plans
Racetrack operators will be required to incorporate these standards into their Racetrack Maintenance Plans and submit a copy of the revised Plan in the next racetrack licensing cycle.
The Ontario Racing Commission (ORC) at its meeting of Wednesday, January 4, 2012, resolved that the following Directive be approved, effective January 9, 2012.
WHEREAS Policy Directive No. 3 – 2011 was released on December 20, 2011 which required the licensing of horsepeople’s organizations;
AND WHEREAS in addition to Policy Directive No.3 – 2011, Standardbred Directive No. 6 – 2011 and Thoroughbred Directive No. 6 – 2011 were issued on December 20, 2011;
TAKE NOTICE that the ORC Board has authorized the use of access agreements between ORC licensed horsepeople and licensed racetracks which will be accepted by the ORC as an alternative method of compliance with the requirements set out by the Canadian Pari-Mutuel Agency through the Pari-Mutuel Betting Supervision Regulations.
The Ontario Racing Commission (ORC) at its meeting of Thursday, April 26, 2012, resolved that the following directive be approved, effective immediately
WHEREAS, the Racing Commission Act, 2000 states that:
Section 11(2) In its rules, the Commission may adopt by reference, in whole or in part, with the changes that the Commission considers necessary, rules and procedures of racing associations or bodies, as amended from time to time, with respect of any matter except hearings held under Part II;
AND WHEREAS Track Rules govern licensees’ conduct on the property of the racing association;
AND WHEREAS, upon application for a racetrack operator’s licence, Track Rules for that association must be submitted;
AND WHEREAS, the Director has authority to approve Track Rules generally, and can additionally authorize the adoption of those Track Rules not covered by Rules of Racing but that require adoption where the ORC will enforce and issue penalty;
To be approved by the Director, Track Rules must conform as follows:
Upon review and recommendation of ORC Administration, the Director will issue approval of the submitted Track Rules in whole and/or in part. Approval of Track Rules in whole means the Director finds no issue with the rules contained therein, and the rules are permissible. Where the Director determines that ORC officials will enforce a specific track rule, that rule will be adopted by reference.
The Ontario Racing Commission (ORC) at its meeting of Thursday, July 4, 2013, resolved that the following directive be approved, effective immediately.
This policy covers different circumstances that may arise where an added money event (stakes race) needs to be rescheduled and addresses defined protocol. The policy provides guidance as follows:
Added Money Events are defined in the Rules of Standardbred Racing under Chapter 2 – Definitions as meaning stakes, futurities, early closing events and late closing events.
For the purposes of this Policy Directive Added Money Events include any race regardless of breed to which a horse must pay a nomination fee in advance of entry day.
Postponing
A stakes race (including divisions, eliminations, legs, trials or finals) where the entry box has been closed, that cannot be run on the advertised date but can be rescheduled within 7 clear days (Standardbred) or 14 clear days (Thoroughbred) of the original date, is considered postponed and the following will apply:
Re-scheduling
A stakes race (including divisions, eliminations, legs, trials or finals) where the entry box has been closed, that cannot be run on the advertised dates but cannot be scheduled within 7 clear days (Standardbred) or 14 clear days (Thoroughbred) of the original date, is considered re-scheduled and the following will apply:
Cancellation
In the case where the added money event must be cancelled, the nomination and sustaining payments will be returned to the owner of the horse.
The Ontario Racing Commission at its meeting of Friday, December 18, 2015, approved the Revision to Penalty Guidelines for Equine Drug, TCO2, and Non-Therapeutic Drug Offences as follows:
For the purposes of Policy Directive No. 1-2008 Penalty Guidelines for Equine Drug, TCO2, and Non-Therapeutic Drug Offences (the Penalty Guidelines), acetylsalicylic acid (Aspirin), will be considered a Class V drug and furosemide and procaine will be considered Class V drugs upon the receipt of a certificate of positive analysis indicating a prohibited quantitative level.
Accordingly, the Revised Penalty Guidelines are as follows:
Guidelines
Penalties for Equine Drug, TCO2 and Non-Therapeutic Drug Offences
Class of Drug |
1st Offence |
2nd Offence |
3rd Offence |
4th Offence |
---|---|---|---|---|
Class I
|
1 – 5 years plus $5,000 fine |
5 – 10 years plus $20,000 fine |
10 year suspension plus fine |
|
Class II
|
1 – 5 years plus $5,000 fine |
2 – 10 years plus $10,000 fine |
10 year suspension plus fine |
|
Class III
|
60 – 180 days plus $1,500 fine |
6 months – 1 year plus $5,000 fine |
1 year – 2 years plus $10,000 fine |
2 years or more plus $20,000 fine |
Class IV
|
15 – 75 days plus $1,000 fine |
30 – 150 days plus $2,000 fine |
60 – 300 days plus $4,000 fine |
1 year or more plus $8,000 fine |
Class V
|
15 – 75 days plus $1,000 fine |
30 – 150 days plus $2,000 fine |
60 – 300 days plus $4,000 fine |
1 year or more plus $8,000 fine |
Non-Therapeutic |
10 years plus $40,000 fine |
25 years plus $100,000 fine |
|
|
Application of the Guidelines will take into consideration the following:
BY ORDER OF THE COMMISSION
Jean Major
Executive Director
TAKE NOTICE, effective April 21, 2018, the Registrar rescinds all prior penalty guidelines and subsequent revisions and orders that the following penalty guidelines be applied:
Guidelines
Penalties for Equine Drug, TCO2 and Non-Therapeutic Drug Offences
Class of Drug |
1st Violation | 2nd Violation | 3rd Violation |
4th Violation |
---|---|---|---|---|
Class I and II | 1 – 5 years and $10,000 monetary penalty |
5 – 10 years and $25,000 monetary penalty |
10 year suspension and $50,0000 monetary penalty |
|
TCO2 – pursuant to SB R. 22.38 and TB R. 37.01 | 90 days - 1 year and $5,000 monetary penalty |
1 – 2 years and $10,000 monetary penalty |
10 year suspension and $25,000 monetary penalty |
|
Class III | 60 – 180 days and $3,000 monetary penalty |
6 months – 1 year and $5,000 monetary penalty |
1 year – 2 years and $10,000 monetary penalty |
2 years or more and $20,000 monetary penalty |
Class IV and V | 15 – 75 days and $2,000 monetary penalty | 30 – 180 days and $4,000 monetary penalty |
60 – 300 days and $8,000 monetary penalty | 1 year or more and $10,000 monetary penalty |
Non-Therapeutic | 10 years and $40,000 monetary penalty | 25 years and $100,000 monetary penalty |
Application of the Guidelines will take into consideration the following: