Acts and Regulations

2014-131 - General

Full text
Document at 12 August 2014
NEW BRUNSWICK
REGULATION 2014-131
under the
Combat Sport Act
(O.C. 2014-338)
Filed August 12, 2014
Under section 44 of the Combat Sport Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the General Regulation - Combat Sport Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Combat Sport Act.(Loi)
“band” means a band as defined in the Indian Act (Canada).(bande)
“contestant” means, unless the context requires otherwise, a person who holds a contestant’s licence issued under the Act.(concurrent)
“corner-person” means, unless the context requires otherwise, a person who holds a corner-person’s licence issued under the Act.(aide de coin)
“council of the band” means a council of the band as defined in the Indian Act (Canada).(conseil de la bande)
“promoter” means, unless the context requires otherwise, a person who holds a promoter’s licence issued under the Act.(promoteur)
“referee” means, unless the context requires otherwise, a person who holds a referee’s licence issued under the Act.(arbitre)
“reserve” means a reserve as defined in the Indian Act (Canada).(réserve)
“room supervisor” means, unless the context requires otherwise, a person who holds a room supervisor’s licence issued under the Act.(préposé au vestiaire)
“rural community” means a rural community as defined in the Municipalities Act.(communauté rurale)
“timekeeper” means, unless the context requires otherwise, a person who holds a timekeeper’s licence issued under the Act.(chronométreur)
“unincorporated area” means an unincorporated area as defined in the Community Planning Act.(secteur non constitué en municipalité)
EVENT PERMITS
Application
3(1)An application for an event permit shall be submitted to the Commission at least 120 days before the date of the event.
3(2)An event permit shall be issued only to an applicant who holds a promoter’s licence issued under the Act.
3(3)An application shall include the following information:
(a) the location of the event, whether a municipality, a rural community, an unincorporated area or a reserve;
(b) the venue of the event;
(c) the date and time of the event;
(d) whether the one or more professional bouts, amateur bouts or professional bouts and amateur bouts will take place at the event;
(e) the cost per ticket for the event, an estimate of the number of tickets to be sold, an estimate of the total revenues for the event; and
(f) whether the event will be broadcast, and, if so, an estimation of the revenue from the broadcast.
3(4)An application shall be accompanied by the written permission for the holding of the event in the location specified under paragraph (3)(a) of,
(a) in the case of an event to be held in a municipality or rural municipality, the municipal council or the rural community council, as the case may be,
(b) in the case of an event to be held in an unincorporated area, the Minister of Environment and Local Government, or
(c) in the case of an event to be held on a reserve, the council of the band.
3(5)An application shall be accompanied by the rules of the combat sport for which the event is to be held, which shall be issued by a national or international combat sport organization.
Two weeks after the issuance of an event permit
4(1)The holder of an event permit shall provide the Commission with proof of liability insurance in the amount of $5,000,000 within 14 days after the date the event permit is issued.
4(2)The Commission may require the holder of an event permit to resubmit the proof required under subsection (1) at any time up to the date of the event.
Ninety days before an event
5At least 90 days before the date of the event, the holder of an event permit shall provide the Commission with the following information:
(a) the contestants matched up to participate in each bout to be held, including:
(i) the name of both contestants;
(ii) the weight class of both contestants, determined in accordance with the rules of the combat sport supplied to the Commission under subsection 3(5);
(b) the number of bouts to be held;
(c) the number of rounds in each bout; and
(d) the amount of the purse, if any.
Thirty days before an event
6At least 30 days before the date of the event, the holder of an event permit shall provide the Commission with the following documents and information:
(a) an emergency plan for the venue where the event will be held;
(b) a security plan that meets the following requirements:
(i) security services for the event shall be provided by a person who holds a security services licence issued under the Private Investigators and Security Services Act; and
(ii) the event shall be staffed by one security guard for every 100 persons expected to attend the event;
(c) the names of the following officials to be present at the event:
(i) the referees;
(ii) the judges; and
(iii) the room supervisors; and
(d) the names of the ringside medical practitioners to be present at the event.
Fourteen days before an event
7(1)At least 14 days before the date of the event, the holder of an event permit shall provide the Commission with a written notice from a fire prevention officer for the location of the event confirming
(a) the occupant load for the venue in which the event is to take place, and
(b) that the office of the fire marshal does not object to the holding of the event in the venue referred to in paragraph (a).
7(2)At least 14 days before the date of the event, the holder of an event permit shall provide the Commission with the following medical information for each person who intends to participate as a contestant in the event:
(a) a report of an ophthalmologist or optometrist who has conducted an eye examination of the person not more than 90 days before the date of the event;
(b) a report of a medical practitioner who has conducted a physical examination of the person not more than 90 days before the date of the event that indicates that the person is medically fit to participate as a contestant;
(c) negative results of tests for HIV, hepatitis B, hepatitis C and syphilis performed on samples taken from the person’s body not more than 90 days before the date of the event; and
(d) if the person is 35 years of age or older, the results of a baseline electrocardiogram test conducted on the person not more than 90 days before the date of the event.
One day before an event
8At least 24 hours before the date of the event, the holder of an event permit shall provide the Commission with negative pregnancy test results performed by a medical practitioner on samples taken from each female person who intends to participate as a contestant in the event not more than seven days before the date of the event.
After an event
9(1)The holder of an event permit shall provide the Commission with the results of all bouts held at an event within 72 hours after the date of the event.
9(2)The holder of an event permit shall provide the Commission with a report on the ticket sales for the event within 14 days after the date of the event.
9(3)The holder of an event permit shall provide the Commission with the financial statements for an event within 30 days after the date of the event.
LICENCES
Application - promoter’s licence
10(1)An application for a promoter’s licence shall include the following information about the applicant:
(a) if the applicant is an individual,
(i) the full legal name and any aliases the applicant uses or has used,
(ii) the residential address, the mailing address, the daytime telephone number, and, if available, an email address, and
(iii) the date of birth;
(b) if the applicant is a body corporate,
(i) the legal name,
(ii) the business address and mailing address, and, if different, the address of the head office,
(iii) if incorporated in the Province
(A) under the Business Corporations Act, a copy of the certificate of incorporation,
(B) under the Companies Act, a copy of the letters patent,
(iv) if incorporated outside the Province, a copy of the certificate of registration,
(v) the full legal name, the daytime telephone number, and, if available, an email address of the officer or employee submitting the application on behalf of the body corporate; or
(c) if the applicant is an unincorporated organization,
(i) the legal name and any operating name,
(ii) the jurisdiction where it is registered,
(iii) the business address and mailing address, and
(iv) the full legal name, the daytime telephone number, and, if available, an email address of the individual submitting the application on behalf of the organization.
10(2)An application for a promoter’s licence shall contain a statement indicating
(a) whether the applicant has been disciplined by another regulatory authority in a combat sport, and, if yes, the circumstances that gave rise to the disciplinary action and the sanction that was imposed,
(b) whether the applicant holds or has held a licence or other form of authorization in another jurisdiction authorizing the holder to act as a promoter, and, if yes, the licence or authorization number, if any, and the expiry date of the licence or authorization, and
(c) that the applicant agrees to comply with the code of conduct established by the Commission.
Application - contestant’s licence
11(1)An application for a contestant’s licence shall include the following information about the applicant:
(a) the full legal name and any aliases the applicant uses or has used;
(b) the residential address, the mailing address, the daytime telephone number, and, if available, an email address;
(c) the date of birth;
(d) the gender;
(e) the height, current weight, hair colour and eye colour;
(f) the home jurisdiction and the name and address of the facility where the applicant normally trains;
(g) the name of the applicant’s trainer;
(h) the name, address and telephone number of an emergency contact person;
(i) the fight record; and
(j) the certifications achieved in the combat sport with respect to which the licence is sought.
11(2)An application for a contestant’s licence shall be accompanied by two colour photographs of the applicant, measuring 50 mm × 70 mm, taken not more than six months before the date of the application.
11(3)An application for a contestant’s licence shall contain a statement indicating
(a) whether the applicant is seeking a licence to participate in professional bouts or amateur bouts,
(b) whether the applicant has ever suffered a concussion or lost a bout by a knockout or technical knockout,
(c) whether the applicant has been disciplined by another regulatory authority in a combat sport, and, if yes, the circumstances that gave rise to the disciplinary action and the sanction that was imposed,
(d) whether the applicant holds a licence or has another form of authorization in another jurisdiction authorizing the holder to participate as a contestant, and, if yes, the licence or authorization number, if any, and the expiry date of the licence or authorization, and
(e) that the applicant agrees to comply with the code of conduct established by the Commission.
11(4)If an application for a contestant’s licence contains a statement indicating that the applicant has suffered a concussion or has lost a bout by a knockout or technical knockout, the Commission may require the applicant to provide the Commission with the results of a brain mapping technique or other tests that are determined to be appropriate by the Commission before issuing the licence.
Application - officials’ licences
12(1)An application for a corner-person’s licence, a judge’s licence, a referee’s licence, a room-supervisor’s licence or a timekeeper’s licence shall include the following information about the applicant:
(a) the full legal name and any aliases the applicant uses or has used;
(b) the residential address, the mailing address, the daytime telephone number, and, if available, an email address;
(c) the date of birth; and
(d) the gender.
12(2)An application for a licence referred to in subsection (1) shall contain a declaration that the person will not attend at an event under the influence of a substance that could impair his or her judgment in performing his or her official duties.
12(3)An application for a licence referred to in subsection (1) shall contain a statement indicating
(a) whether the applicant holds a licence or has another form of authorization in another jurisdiction that authorizes the holder to perform the same activity that is the subject of the licence, and, if yes, the licence or authorization number, if any, and the expiry date of the licence or authorization, and
(b) that the applicant agrees to comply with the code of conduct established by the Commission.
12(4)An application for a referee’s licence or a judge’s licence shall contain a statement specifying
(a) each combat sport for which the applicant is seeking a licence, and
(b) whether the applicant is seeking to serve at professional bouts, amateur bouts, or a combination of these for each combat sport specified under paragraph (a).
12(5)An application for a referee’s licence or a judge’s licence shall be accompanied by a report of an ophthalmologist or optometrist who has conducted an eye examination of the applicant not more than 12 months before the date of the application.
12(6)An application for a referee’s licence shall be accompanied by a report of a medical practitioner who has conducted a physical examination of the person not more than 12 months before the date of the application that indicates that the person is medically fit to act as a referee.
EVENTS
Persons required to be present at an event
13(1)The promoter shall ensure that the following persons are present at an event in a combat sport:
(a) at least one referee;
(b) at least three judges;
(c) a timekeeper;
(d) at least two room supervisors;
(e) at least one corner-person per contestant but not more than three corner-persons per contestant; and
(f) at least two ringside medical practitioners.
13(2)The promoter shall ensure that a knockdown timekeeper is present at an event in the combat sport of boxing, kickboxing, Muay Thai or any other combat sport that requires a knockdown timekeeper.
13(3)If any person required under subsection (1) or (2) is unable to be present at an event, the promoter shall provide a replacement who holds a licence issued under the Act of the same category as the person being replaced and, if there is no replacement available, the promoter shall cancel the event.
13(4)If a ringside medical practitioner ceases to be present at an event, the promoter shall suspend all bouts in the event until two ringside medical practitioners are present.
13(5)An inspector shall be present at an event in a combat sport.
Ambulance required to be present at an event
14The promoter shall ensure that an ambulance is on-site at all times during an event and if the ambulance has to leave for any reason, the promoter shall suspend all bouts in the event until an ambulance is on-site.
Promoter’s duties
15(1)At an event, the promoter shall provide:
(a) a stool, a bucket and competition gloves for each contestant, if required under the rules of the combat sport supplied to the Commission under subsection 3(5);
(b) facilities for making announcements that can be heard by spectators at the event;
(c) a room for use only by the referees and judges;
(d) a stool or a chair for each of the corner-persons;
(e) sufficient tables and chairs for
(i) the ringside medical practitioners,
(ii) the referees,
(iii) the judges,
(iv) the room supervisors,
(v) the timekeepers, and
(vi) the announcers; and
(f) a stopwatch for each timekeeper.
15(2)A promoter shall not disclose the name of a referee for an event before it is announced at the event.
Referee’s duties and powers
16(1)Before a bout, a referee shall meet with one or both ringside medical practitioners to ensure that both contestants have been found to be medically fit to participate as contestants.
16(2)A referee shall remain in the ring from the time the first contestant enters the ring until both contestants have left the ring.
16(3)A referee shall call the contestants to the centre of the ring and give them instructions for the conduct of the bout.
16(4)A referee shall ensure the contestants are competing within the rules of the combat sport supplied to the Commission under subsection 3(5) and if a contestant violates a rule, the referee may suspend or stop the bout to take any of the following actions:
(a) warn the contestant;
(b) allow the other contestant time to recover, if necessary;
(c) subtract a point from the contestant’s score; and
(d) disqualify the contestant.
16(5)A referee shall stop a bout if the referee considers that the contestants are so unevenly matched that the bout is not fair and shall award the decision to the contestant who is leading at the time the bout is stopped.
16(6)A referee shall stop a bout if the referee considers it advisable because of the condition of a contestant.
16(7)A referee shall stop a bout if the referee considers that one of the contestants is not trying to win and award the decision to the other contestant.
16(8)A referee shall stop a bout if the referee considers that both of the contestants are not trying to win and declare that there is no decision for the bout.
16(9)At the end of a bout that goes to a decision, the referee shall collect from the judges the bout slips and inspect them to ensure that each judge’s score is clear.
16(10)A referee shall hand the bout slips referred to in subsection (9) to the announcer and review the results with the announcer.
16(11)After the announcement of the decision in a bout, the referee shall retrieve the bout slips from the announcer and provide them to an inspector.
Contestants - medical information required before an event
17(1)Not more than 90 days before the date of an event, a person who intends to participate in the event as a contestant shall provide the following medical information to the event permit holder:
(a) a report of an ophthalmologist or optometrist who has conducted an eye examination of the person not more than 90 days before the date of the event;
(b) a report of a medical practitioner who has conducted a physical examination of the person not more than 90 days before the date of the event that indicates that the person is medically fit to participate as a contestant;
(c) negative results of tests for HIV, hepatitis B, hepatitis C and syphilis performed on samples taken from the person’s body not more than 90 days before the date of the event; and
(d) if the person is 35 years of age or older, the results of a baseline electrocardiogram test conducted on the contestant not more than 90 days before the date of the event.
17(2)At least two days before the date of an event, a female person who intends to participate in the event as a contestant shall provide the event permit holder with negative pregnancy test results performed by a medical practitioner on samples taken the person not more than seven days before the date of the event.
Contestant’s duties
18(1)A contestant shall report for weigh-in at the time and place determined by the Commission.
18(2)On arrival at an event at least 90 minutes before the scheduled time of his or her bout, a contestant shall report to the promoter, personally or through his or her manager or corner-person.
18(3)A contestant shall undergo a pre-bout medical examination performed by the ringside medical practitioner at the event and, if he or she has suffered an illness, injury or knockout within the 90 day period before the date of the event, the contestant shall report this to the ringside medical practitioner.
18(4)A contestant shall not leave the dressing room after a room supervisor has performed the equipment check under subsection 22(2) until the contestant is escorted to the ring.
18(5)A contestant shall not use grease, petroleum jelly or any other slippery substance that might hinder or injure an opponent in a bout but may lightly apply grease, petroleum jelly or other slippery substance on his or her eyebrows, the bridge of the nose and behind the ears.
18(6)A contestant shall conduct himself or herself in a respectful manner and shall abide by the code of conduct established by the Commission.
18(7)A contestant shall undergo a post-bout medical examination performed by the ringside medical practitioner at the event.
18(8)If the ringside medical practitioner requires a contestant to undergo medical examinations or testing after an event, the contestant shall undergo the examination or testing and shall submit the results to the Commission.
Corner-person’s duties
19(1)A corner-person shall, between rounds,
(a) provide coaching to the contestant,
(b) provide the contestant with a stool,
(c) provide the contestant with water, and
(d) tend to any of the contestant’s cuts.
19(2)A corner-person shall inform the referee if a contestant cannot continue with the bout.
19(3)A corner-person may request that a ringside medical practitioner examine a contestant if the corner-person thinks the examination is required.
19(4)A corner-person shall not enter the ring during a round and shall exit the ring and remove all equipment from the ring on hearing the timekeeper’s whistle indicating ten seconds before the beginning of the next round.
19(5)A corner-person shall conduct himself or herself in a respectful manner and shall abide by the code of conduct established by the Commission.
Timekeeper and knockdown timekeeper’s duties
20(1)The timekeeper shall sit outside the ring near a bell or gong and shall have a whistle that can be heard clearly by contestants and corner-persons.
20(2)Ten seconds before the beginning of a round, the timekeeper shall blow a whistle.
20(3)At the expiration of the ten second period referred to in subsection (2), the timekeeper shall indicate the beginning of a round by ringing a bell or striking a gong, but only if the corner-persons have exited the ring and have removed all equipment from the ring.
20(4)The timekeeper shall indicate the end of a round by ringing a bell or striking a gong.
20(5)If a contestant is knocked out, concedes or the bout is otherwise ended, the timekeeper shall advise the announcer of the round in which the stoppage took place and period of time elapsed in that round.
20(6)A knockdown timekeeper shall use a stopwatch to time how long a contestant is knocked down.
Judge’s duties
21(1)The three judges for a bout shall sit outside the ring at least six feet from the spectators, one judge on each of three sides of the ring.
21(2)A judge shall score each round of a bout and shall record the score on a bout slip.
21(3)A judge shall provide his or her completed bout slips to the referee at the end of a bout that goes to a decision.
Room supervisor’s duties
22(1)A room supervisor shall be present at all times with the contestants while the contestants are in the dressing rooms.
22(2)A room supervisor shall ensure that any equipment required under the rules of the combat sport supplied to the Commission under subsection 3(5) has not been tampered with and is being used in accordance with those rules.
Ringside medical practitioners
23(1)A ringside medical practitioner shall conduct a medical examination of each contestant on the day of the event and shall advise the inspector if a contestant is not medically fit to participate as a contestant, in which case the contestant shall not participate.
23(2)A ringside medical practitioner shall be present at ringside at each bout to observe the bout.
23(3)If the ringside medical practitioner believes that a contestant has suffered an injury that may make it unsafe for the contestant to continue, the ringside medical practitioner shall instruct the referee to suspend the bout to allow the medical practitioner to enter the ring to examine the contestant to determine the extent of the injury.
23(4)On making a determination under subsection (3), a ringside medical practitioner shall instruct the referee to stop the bout if he or she believes that a contestant has suffered an injury that may make it unsafe to continue or, if he or she believes it is safe to do so, may indicate that the bout should continue.
23(5)A ringside medical practitioner shall provide emergency treatment to a contestant if needed.
23(6)A ringside medical practitioner shall conduct a medical examination of each contestant following each bout.
23(7)If a ringside medical practitioner requires a contestant to undergo medical examinations or testing after an event, the ringside medical practitioner shall inform the contestant that his or her contestant’s licence shall be suspended until he or she submits the results of the required medical examinations or tests to the Commission.
Inspectors
24(1)An inspector may disqualify a contestant from participating in an event if the contestant does not comply with the requirement to report for weigh-in under subsection 18(1).
24(2)An inspector may disqualify a contestant from participating in an event if the contestant does not comply with the requirement to report to the promoter under subsection 18(2).
Announcers
25(1)The announcer shall announce the names, weights and heights of the contestants at the beginning of a bout and any other necessary information respecting the event.
25(2)Before a round begins, the announcer shall announce or otherwise indicate the number of that round.
25(3)At the end of a bout, the announcer shall announce the results after receiving the bout slips from the referee.
Weigh-ins
26(1)The time and place of the weigh-in shall be determined by the Commission.
26(2)The scales used at a weigh-in are required to be examined and approved by an inspector and shall be available for the two-hour period before the beginning of the weigh-in.
26(3)The weigh-in of a contestant shall be performed in the presence of
(a) the promoter or a person designated by the promoter,
(b) the person who will be the opposing contestant in the bout, and
(c) an inspector.
26(4)If a bout is postponed more than 24 hours after a weigh-in has been performed, the contestants shall be required to weigh-in again before participating in the bout.
26(5)Except in the case of a championship bout, a contestant may participate in a bout even if he or she is 0.545 kg (1lb) over the maximum weight for the weight class specified for him or her under subparagraph 5(a)(ii).
26(6)No contestant shall be permitted to participate in a bout if he or she is more than 5% over the maximum weight for the weight class specified for him or her under subparagraph 5(a)(ii).
26(7)Subject to subsections (5) and (8), a contestant who is over the maximum weight for the weight class specified for him or her under subparagraph 5(a)(ii) by 5% or less shall be given one hour to attain that weight.
26(8)No contestant shall be permitted to lose more than 3% of his or her body weight in order to attain the maximum weight for the weight class specified for him or her under subparagraph 5(a)(ii).
26(9)Subject to subsection (5), no contestant is required to participate in a bout against another contestant who is over the maximum weight for the weight class specified for him or her under subparagraph 5(a)(ii).
26(10)Subject to subsection (5), if a contestant is over the maximum weight for the weight class specified for him or her under subparagraph 5(a)(ii) by 5% or less and both contestants agree to participate in the bout, the inspector may allow the bout to proceed if he or she believes there is no increased risk to the health and safety of either contestant and that the bout would be fair and competitive.
FEES
Event permit application fee
27 The application fee for an event permit issued under the Act is $100 and is non-refundable.
Gross gate receipts percentage
28 The percentage prescribed for the purpose of calculating the fee on gross gate receipts under subsection 21(2) of the Act is 5%.
Licence fees
29The following fees are payable for a licence issued under the Act:
(a) for a promoter’s licence, $50;
(b) for a contestant’s licence, $50;
(c) for a corner-person’s licence, $20;
(d) for a judge’s licence, $50;
(e) for a referee’s licence, $50;
(f) for a room supervisor’s licence, $20; and
(g) for a timekeeper’s licence, $20.
Commencement
30This Regulation comes into force on November 1, 2014.
N.B. This Regulation is consolidated to August 12, 2014.