See also Chapter 24: Registrar’s Discretionary Powers
13.01.01 In order to be recognized, every protest must be made by the owner, trainer, or jockey to the Clerk of the Scales or to the designated Racing Association employee.
13.01.02 Every complaint against an Official shall be made to the Stewards in writing signed by the complainant.
13.02 All protests, by licensees must be submitted, in writing, no later than 48 hours after the incident to the Stewards. Every protest shall be dealt with by the Stewards.
13.03 A protest arising out of the happenings in the running of a race shall be made before the official sign has been posted.
13.04.01 A protest on the grounds:
- Of misstatement, omission or error in the entry under which a horse has run;
- That a horse which ran was not the horse or was not of the age which it was represented to be at the time of entry;
- That a horse was not qualified under the conditions of the race or by reason of default;
- That a horse has run in contravention of the Rules;
- Not otherwise provided in the Rules;
shall be made within 48 hours after the finish of the race with respect to which the protest is made, excluding dark days.
13.04.02 A protest, except one arising out of happenings in the running of a race, shall be made in writing, signed by the complainant and delivered to the Registrar.
13.05 Protests not lodged with the Stewards prior to the termination of the meeting shall be made to the Registrar at the Commission’s head office in Toronto.
13.06.01 If a protest that a horse is ineligible is delivered to the Stewards at least one hour before post time of the race in question, the Stewards shall give such protest immediate consideration. The onus of proof throughout shall be with the protester. In default of proof at least 30 minutes before post time of the race in question that the horse is not qualified to start, the said horse shall start.
13.06.02 A protest respecting the distance of a race shall be delivered to the Stewards at least one hour before post time of the race in question.
13.07 A protest alleging fraud may be delivered at any time.
13.08 Pending the determination of a protest, any money or prize won by the owner of the horse with respect to which the protest is made, and any other money affected by the outcome of the protest, shall be withheld by the Association until the protest is determined, and if the money or the prize handed over before the protest is made the Stewards shall order them returned if the protest is sustained.
13.09.02 A person making a protest, which the Stewards decide to be frivolous, may be subject to a monetary penalty or suspended.
13.10 A protest shall not be withdrawn without permission of the Stewards.
13.11 All costs and expenses incurred in determining a protest or conducting an enquiry shall be paid by such person in such proportion as the Registrar or the Stewards may direct.
13.12 If a protest against a horse which has won or placed is allowed, and a race or place is awarded to another horse, the money for such race shall be distributed in accordance with the final placing.
13.13 Pending the determination of a protest, any money held by the Association as the price of a horse claimed in a claiming race (if affected by the protest) or pursuant to the provisions of Rule 13.08 shall be withheld until the protest is determined.
13.14 Rulings on protests which affect purse money or order of finish after the race was declared official shall have no effect on the distribution of pari-mutuel pools.
13.15 The Stewards shall promptly consider any protest or complaint properly made to them and render their decision as quickly as possible and forthwith report the subject matter of the protest or complaint and their disposition of it to the Registrar. Should the Stewards not have come to a decision within 10 days of the time of the completion of the Stewards’ review, it shall be accepted by all persons concerned that the Stewards have taken no action and imposed no penalty, and the Stewards shall take no action and impose no penalty after the expiry of the 10 days mentioned; provided, however, that in such case, the Registrar may review the deliberations of the Stewards and make such decision and impose such penalties as he or she may deem just.
13.16 Should any protest be made to the Stewards, and subsequently be withdrawn, the Stewards may review the circumstances surrounding said protest. After reviewing said circumstances, the Stewards may, if they conclude that the launching or the withdrawal of the protest was made for some improper purpose, assess any penalty within the Rules they feel is just.
13.17 Subject to the Horse Racing Licence Act, 2015, any person aggrieved by a decision or ruling of the Stewards, Registrar or delegated officials may appeal the decision or ruling to the Horse Racing Appeal Panel (HRAP).
13.17.03 Purse money affected by an appeal shall be held by the Association pending disposition.
13.17.04 Pending disposition of an appeal, all penalties imposed shall continue in full force and effect except when stayed by order of the HRAP.
13.17.05 The official performance records shall reflect the Stewards’ decision in all cases until all appeal procedures and remedies are exhausted. The eligibility of horses to the conditions of races will be in accordance with the Stewards’ decision as shown in the official performance records and will not be subsequently affected by the outcome of the appeal process. Whatever the final outcome of the appeal, the horse cannot be retroactively declared ineligible to races already contested prior to the appeal decision.
13.17.07 A decision of the HRAP which affects the distribution of purse money or order of finish of a race after the race had been declared official shall have no bearing on the distribution of pari-mutuel pools.