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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“Board” means the Provincial Board established or designated under section 17;(Régie)

“Commission” means the Maritime Provinces Harness Racing Commission established under section 3;(Commission)

“conduct detrimental to harness racing” means any one or more of the following:(conduite préjudiciable aux courses attelées)

(a) the fraudulent or corrupt influencing of the outcome of any harness race,

(b) the making of a false registration, or

(c) the doing of any other act injurious to the reputation of the sport of harness racing;

“Council” means the Council of Maritime Premiers established pursuant to the Council of Maritime Premiers Act;(Conseil)

“Director of Racing” means the person appointed under section 6;(Directeur des courses)

“harness racing” means racing in which horses participate and on which pari-mutuel wagering is conducted;(courses attelées)

“Maritime Provinces” means the Province of New Brunswick, the Province of Nova Scotia and the Province of Prince Edward Island;(Provinces Maritimes)

“Minister” means the Minister of Finance;(Ministre)

“person” includes a corporation, partnership, association or society;(personne)

“race track” means any place where harness racing is carried on and includes the track, grounds, stables, grandstands, parking areas, offices and adjacent places used in connection with harness racing;(hippodrome)

“revenue” includes financial assistance received and fees, fines, penalties and other charges received or collected;(revenu)

“rules” means the rules referred to in paragraphs 10(i) and (i.1);(règles)

“track operator” means a person who operates a race track.(exploitant d’hippodrome)

1994, c.2, s.1; 2002, c.51, s.1

Purpose of the Act

2The purpose of this Act is to establish a harness racing authority with jurisdiction to govern, regulate and ensure the integrity of harness racing in the Maritime Provinces.

2002, c.51, s.2

Establishment of the Commission

3The Council shall establish, and appoint the members of, a body having unified jurisdiction throughout the Maritime Provinces to be known as the Maritime Provinces Harness Racing Commission.

Composition of the Commission

4(1)The Commission consists of six members of whom two shall be nominated by the Lieutenant-Governor in Council on the recommendation of the Minister.

4(2)The Council shall

(a) appoint a chairperson from among the members of the Commission and, subject to subsection (4), determine the term of office as chairperson,

(b) determine the remuneration and expense allowance payable to members, the chairperson and the Director of Racing, and

(c) determine the location of the head office of the Commission.

4(3)The Council may delegate any of its functions under this Act to a committee comprising the ministers responsible for harness racing in each of the Maritime Provinces.

4(4)The members of the Commission hold office for such term, not exceeding three years, as is determined at the time of appointment.

4(5)A member is eligible for reappointment but no member shall serve for a continuous period exceeding nine years.

4(6)Notwithstanding subsection (4), a member remains in office until the member resigns or is replaced.

4(7)In the event of a vacancy occurring during the term of office of a member, the Council may appoint a person for the remainder of the term of that member.

4(8)The Council may remove a member from office.

4(9)A vacancy does not impair the right of the remaining members to act.

4(10)The members shall appoint a vice-chairperson from among the members who shall perform the duties of the chairperson if the chairperson is unable to act by reason of illness, absence or other cause.

Meetings of the Commission

5(1)The Commission shall meet as required at the call of the chairperson at times and places designated by the chairperson.

5(2)Four members of the Commission constitute a quorum with at least one member from each of the Maritime Provinces being present.

5(3)Subject to subsection (4), at any meeting of the Commission each member of the Commission present at the meeting, other than the chairperson, has one vote and a majority vote determines any question.

5(4)The chairperson shall vote only for the purpose of breaking a tie.

Employees of the Commission

6(1)The Commission shall appoint a Director of Racing who shall be the chief administrative officer of the Commission.

6(2)The Commission may employ such other persons as are required for the proper conduct of its business.

6(3)Persons employed by the Commission under subsections (1) and (2) shall be employed on the same terms and conditions of service as are applicable to employees of the Council.

Finances of the Commission

7(1)The remuneration and expenses of the members of the Commission and of the persons employed by the Commission, and generally all costs, charges and expenses incurred and payable in respect of the conduct of the business of the Commission, shall be paid out of the revenue of the Commission.

7(2)The fiscal year of the Commission ends on the thirty-first day of March in each year.

7(3)The Commission shall prepare an annual budget which shall be submitted to the Council and included in the budget of the Council submitted pursuant to section 5 of the Council of Maritime Premiers Act.

7(4)The Council may from time to time provide to the Commission such financial assistance as is considered appropriate by the Council.

1994, c.2, s.2

Accounts of the Commission

8(1)The Commission shall maintain in its own name one or more accounts in any chartered bank, credit union or trust company.

8(2)Notwithstanding the Financial Administration Act, all revenue realized by the Commission through the conduct of the business of the Commission or otherwise shall be deposited to the credit of the accounts established under subsection (1) and shall be used by the Commission in carrying out its objects and exercising its powers.

8(3)The accounts of the Commission shall be audited annually by an independent auditor appointed by the Council.

1994, c.2, s.3

Objects of the Commission

9Repealed: 1994, c.2, s.4

1994, c.2, s.4

Powers of the Commission

10The Commission may

(a) govern, regulate and supervise harness racing in all of its forms relevant and related to pari-mutuel betting,

(a.1) govern and regulate inter-track betting, separate pool betting, foreign race inter-track betting and foreign race separate pool betting,

(a.2) govern and regulate the operation of betting theatres authorized by the Lieutenant-Governor in Council,

(b) govern, regulate and supervise the operation of race tracks,

(b.1) recommend home market areas to the Canadian Pari-Mutuel Agency for the purpose of telephone account betting and theatre betting,

(b.2) license betting theatres and impose such terms and conditions on a licence as the Commission considers appropriate,

(c) Repealed: 2002, c.51, s.3

(d) license track operators and impose such terms and conditions on a licence as the Commission considers appropriate,

(e) license owners, trainers, drivers, grooms, and such other persons in or about race tracks and impose such terms and conditions on a licence as the Commission considers appropriate,

(f) on written application to the Commission by the person affected, revoke, suspend or vary a term or condition imposed on a licence by the Commission,

(g) fix and collect fees or other charges for licences and prescribe the form of licences and the conditions under which licences may be issued,

(h) refuse the granting of any licence,

(i) make, adopt or incorporate by reference rules for the conduct of harness racing,

(i.1) establish uniform rules for the conduct of harness racing,

(j) fix, impose and collect fines, not exceeding five thousand dollars, and other penalties for the violation

(i) of any term or condition imposed by the Commission,

(ii) of any rule, and

(iii) of an order of the Commission, or of a harness racing judge or Board to which the Commission has delegated powers under this Act,

(k) recruit, train, evaluate, license and employ harness racing judges and such other officials and staff as the Commission considers appropriate to attend at harness racing meets on behalf of the Commission,

(l) approve the appointment of race track officials and employees whose duties relate to the actual running of harness races,

(m) require licensed track operators to keep books of account in a manner satisfactory to the Commission,

(n) inspect at any reasonable time books of account referred to in paragraph (m),

(o) investigate any action by a person licensed or required to be licensed by the Commission that allegedly constitutes conduct detrimental to harness racing and for that purpose engage the services of a licensed private investigator,

(p) hold hearings relating to the carrying out of the powers of the Commission,

(q) without restricting the generality of the power to hold hearings in paragraph (p), hold a hearing in respect of a person who is licensed or required to be licensed by the Commission or who participates in harness racing at any race track when

(i) a written and signed complaint is made to the Commission concerning any action of the person that may indicate conduct detrimental to harness racing, or

(ii) the Commission has reasonable and probable grounds to believe that the person has engaged in conduct detrimental to harness racing,

(r) at the conclusion of a hearing, suspend or revoke any licence,

(s) on written application to the Commission by the person affected, reinstate a licence that has been suspended or revoked, and impose such terms and conditions on the reinstated licence as the Commission considers appropriate,

(t) when it delegates to a harness racing judge or to the Board the power to hold a hearing, delegate to the judge or the Board any of its powers and duties in relation to hearings,

(t.1) intervene as a facilitator or mediator for the purpose of convening parties to attempt to bring resolution to matters in dispute where it deems it necessary for the governance, regulation and integrity of harness racing, and delegate this power to any person,

(u) make by-laws for the conduct of the business of the Commission and for the control and direction of the work of the Commission, including for the conduct of hearings,

(v) do such other things relating to harness racing or to the operation of race tracks as are authorized or directed by the Lieutenant-Governor in Council.

1994, c.2, s.5; 2002, c.51, s.3

Prohibitions

11Repealed: 1994, c.2, s.6

1994, c.2, s.6

Delegation of powers

12The Commission may delegate to harness racing judges such of the following powers as the Commission considers appropriate:

(a) to enforce the carrying out and observance of the rules, terms and conditions established by the Commission;

(b) to impose and collect fines and other penalties for the contravention of any rule, term or condition established by the Commission; and

(c) to hold hearings in respect of the contravention of any rule, term or condition established by the Commission.

Hearings

13(1)In relation to any hearing under this Act, the Commission may summon any person, by summons to witness signed by the chairperson, and require such person to give evidence on oath or affirmation and to produce such documents and things as the Commission considers necessary for the hearing.

13(2)The Commission shall give any person in respect of whom a hearing is held an opportunity to give evidence on oath or affirmation, to cross-examine witnesses, and to call witnesses to give evidence on oath or affirmation.

1994, c.2, s.7

Powers and privileges under the Inquiries Act

14In relation to any hearing under this Act relating to matters arising in New Brunswick the Commission, the Board, or any person to whom the power to hold hearings is delegated, is vested with all the powers and privileges of a commissioner under the Inquiries Act.

1994, c.2, s.8

Request for a hearing

15Any person who is aggrieved by a decision made by a person under a delegation made under section 12 may, within forty-eight hours after being notified of the decision, request in writing a hearing by the Commission, in which case the Commission shall as soon as practicable hold a hearing and may exercise the powers of the Commission under section 10 at that hearing as if those powers had not been delegated.

1994, c.2, s.9

Conduct detrimental to harness racing

16Repealed: 1994, c.2, s.10

1994, c.2, s.10

Provincial Board

17The Commission may establish in each of the Maritime Provinces a Provincial Board or may designate an existing board to act as a Provincial Board and may delegate any of its functions under paragraph 10(q) and section 15 to that Board.

1994, c.2, s.11

Penalties

18Repealed: 1994, c.2, s.12

1994, c.2, s.12

Annual report

19(1)The Commission shall on or before the thirtieth day of June in each year submit to the Council an annual report containing

(a) a review of the Commission’s activities during the preceding fiscal year,

(b) recommendations with respect to the operation, governance and regulation of harness racing in the Maritime Provinces, and

(c) the audited financial statements of the Commission for the preceding financial year.

19(2)Without prejudice to subsection (1), the Council may, from time to time, request information respecting harness racing in the Maritime Provinces and the Commission shall provide the information.

19(3)The Minister shall table the annual report in the Legislative Assembly within fifteen days after the Minister receives it or, if the Legislative Assembly is not then sitting, within fifteen days after the commencement of its next sitting.

1994, c.2, s.13; 2002, c.51, s.4

The Regulations Act does not apply

1994, c.2, s.14

19.1The Regulations Act does not apply

(a) to a term or condition imposed under this Act,

(b) to a rule,

(c) to a form or condition prescribed under this Act, or

(d) to a by-law or order made under this Act.

1994, c.2, s.14; 2002, c.51, s.5

Regulations

2002, c.51, s.6

19.2The Lieutenant-Governor in Council may make regulations defining words and expressions used in this Act but not defined in this Act.

2002, c.51, s.6

Repeal of the Harness Racing Commission Act

20(1)The Harness Racing Commission Act, chapter H-1.1 of the Acts of New Brunswick, 1990, is repealed.

20(2)On the commencement of this Act, all appointments of persons as members of the New Brunswick Harness Racing Commission are revoked.

20(3)No action lies against the Province in relation to the revocation of appointments under subsection (2).

1994, c.2, s.15

Transitional provisions

1994, c.2, s.16

20.1(1)All matters before the New Brunswick Harness Racing Commission immediately before the commencement of this Act may be taken up and brought to a conclusion by the Maritime Provinces Harness Racing Commission in accordance with this Act.

20.1(2)All matters that might have been dealt with or brought before the New Brunswick Harness Racing Commission immediately before the commencement of this Act may be dealt with or brought before the Maritime Provinces Harness Racing Commission in accordance with this Act.

20.1(3)Despite subsection (1) and section 20, the Maritime Provinces Harness Racing Commission may authorize the New Brunswick Harness Racing Commission to bring a matter to a conclusion in accordance with the Harness Racing Commission Act as though that Act had not been repealed and the appointments had not been revoked.

20.1(4)All licences issued under the Harness Racing Commission Act and in force immediately before the commencement of this Act continue in force and shall be considered as licences issued under this Act until they expire or until they are suspended or revoked under this Act.

1994, c.2, s.16

Commencement

21This Act comes into force on a day or days to be fixed by proclamation.

N.B. This Act was proclaimed and came into force April 1, 1994.

N.B. This Act is consolidated to February 9, 2015.

M-1.3 - Maritime Provinces Harness Racing Commission Act

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