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:
- A “suspension” in Track Rules can only refer to a suspension of licence as ordered by the ORC and cannot be used to refer to loss of privileges to access the property of the racing association.
- A Track Rule cannot supersede or change a requirement specified in the Rules of Racing, unless that Track Rule is approved or adopted by the ORC.
- A Track Rule that varies an ORC rule may be considered for approval and/or adoption where that variation refers to local issues specific to operations.
- A Track Rule cannot layer an additional penalty on a rule of racing excepting any penalties that may be applied by an association as it relates to the conduct of their employees.
- A demerit system can be used by the association to manage loss of privilege under the Trespass to Property Act, but cannot compound a penalty issued by the ORC.
- A Track Rule cannot require membership in a horseperson’s association.
- Where the Association wishes to highlight an existing ORC rule, the Track Rule must include the specific ORC rule reference (e.g. ORC SB Rule X.XX).
- Where a Track Rule is determined to be impermissible or redundant by the ORC, it must be removed.
- Where an approved or adopted Track Rule is enforced by an official of the ORC, the penalty will be issued by the ORC, and any fines will be collected by the ORC.
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.