POLICY DIRECTIVE No. 1 – 2016 Revision to Penalty Guidelines

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

Application of the Guidelines will take into consideration the following:

1. The Commission and/or its representatives will consider all offences for the purposes of assessing a penalty as a second or subsequent offence under these Guidelines. 
2. The suggested penalties (suspension and fines) are guidelines only.
3. The Commission and/or its representatives may take into consideration any mitigating circumstances surrounding a positive test case, and may do any of the following:
   1. Impose a penalty that is lower than suggested in these guidelines.
   2. Subject to due process, find other licensed individuals responsible and impose penalties upon such licensee as deemed appropriate.
4. The Commission and/or its representatives may exercise discretion in interpreting these Guidelines and assessing penalties, and may consider all prior offences, in and outside of Ontario, involving any drug, medication, bicarbonate (TCO₂) or any other substance prohibited by rule or law.  Although all prior offences may be considered in determining the appropriate penalty, the penalties for second and subsequent offences suggested in these Guidelines are based on:
   1. The assumption that the previous offence(s) being considered were in the same        class of drug, and
   2. The date of conviction or ruling for the previous offence(s) occurred within 3 years of the first offence.
5. For second or subsequent offences which occurred within 3 years of the first offence but in a different class of drug, the Commission and/or its representative will exercise discretion in assessing the penalty by considering the following:
   1. The number and class(es) of all previous offences;
   2. The time frame between offences; and
   3. Any mitigating circumstances.
6. For the purposes of these Guidelines, a TCO₂ offence is considered a Class III drug.
7. On a first offence, the Commission and/or its representatives may impose a penalty beyond or below the range in appropriate circumstances.
8. Multiple offences occurring on the same race day to different horses of the same trainer may be considered as individual offences in appropriate circumstances.
9. Suspension periods are full suspensions as described in the Rules of Racing.
10. Regardless of the penalty imposed, the horse in question will be disqualified and the purse will be redistributed.
11. Class I through V drugs are based on the Uniform Classification Guidelines for Foreign Substances, published by the Association of Racing Commissioners International.
12. Non-Therapeutic will include any drug, substance or medication that is determined to be in the system of a horse that has no therapeutic value to the horse. 
13. 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.

BY ORDER OF THE COMMISSION

Jean Major
Executive Director