Policy Directive No. 1–2009: Cancellation Fees

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:

1. In the case of a cancellation due to weather or other issues beyond the control of racetrack management, the purse account manager (usually racetrack management) is required to apply in writing to the Judges for approval to issue cancellation fees for a particular race date, providing full details of the reason for the cancellation. The application is to be accompanied by a letter of support from the local horsepeople’s association. The Judges will provide authorization in writing through the issuance of a ruling.
2. A request to authorize cancellation fees for a particular race date will not be considered if, in the opinion of the Judges, sufficient notice of cancellation of racing was provided to the participants.
3. In the case of a race declared a “No Contest”, the Judges will issue a ruling ordering the payment of the cancellation fee.
4. The cancellation fee is a set amount which is determined by the Executive Director and reviewed on a timely basis.
5. Where an agreement exists between the racetrack and the horsepeople to distribute a percentage share of the purse to the drivers, trainers and grooms, and where that agreement is on file with the ORC, the racetrack may provide similar percentage compensation out of the cancellation fee.