Acts and Regulations

2014, c.119 - Atlantic Provinces Harness Racing Commission Act

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Current to 1 January 2024
2014, c.119
Atlantic Provinces Harness Racing
Commission Act
2015, c.13, s.1
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“Atlantic Provinces” means the Province of New Brunswick, the Province of Nova Scotia, the Province of Prince Edward Island and the Province of Newfoundland and Labrador.(provinces de l’Atlantique)
“Board” means the Provincial Board established or designated under section 14. (régie)
“Commission” means the body continued under subsection 3(1) under the name Atlantic Provinces Harness Racing Commission.(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 Atlantic Premiers established by a memorandum of understanding dated May 15, 2000.(Conseil)
“Director of Racing” means the individual 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“Maritime Provinces” Repealed: 2015, c.13, s.2
“Minister” means the member of the Executive Council designated by the Lieutenant-Governor in Council to administer this Act.(ministre)
“person” includes, unless the context otherwise requires, a corporation, partnership, association or society. (personne)
“racetrack” 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)
“rule” means a rule referred to in paragraphs 9(l) and (m). (règles)
“track operator” means a person who operates a racetrack. (exploitant d’hippodrome)
1993, c.M-1.3, s.1; 1994, c.2, s.1; 2002, c.51, s.1; 2015, c.13, s.2
Purpose of 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 Atlantic Provinces.
1993, c.M-1.3, s.2; 2002, c.51, s.2; 2015, c.13, s.3
Continuation of Commission
2015, c.13, s.4
3(1)The body established as the Maritime Provinces Harness Racing Commission by the Council of Maritime Premiers established under the Council of Maritime Premiers Act is continued under the name Atlantic Provinces Harness Racing Commission.
3(2)The Commission has unified jurisdiction throughout the Atlantic Provinces.
3(3)Subject to subsection (5), the Council shall appoint the members of the Commission.
3(4)The change of the name of the Commission does not affect its rights and obligations, and all proceedings may be continued or commenced by and against the Commission under its new name that might have been continued or commenced by or against the Commission under its former name.
3(5)A member of the Commission who held office immediately before the commencement of this subsection continues in office until the member resigns or is reappointed or replaced.
1993, c.M-1.3, s.3; 2015, c.13, s.5
Composition of Commission
4(1)The Commission consists of eight 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 chair from among the members of the Commission and, subject to subsection (4), determine the term of office as chair,
(b) determine the remuneration and expense allowance payable to members, the chair 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 composed of the ministers responsible for harness racing in each of the Atlantic Provinces.
4(4)The members of the Commission hold office for a term not exceeding three years, 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)Despite 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-chair from among the members who shall perform the duties of the chair if the chair is unable to act by reason of illness, absence or other cause.
1993, c.M-1.3, s.4; 2015, c.13, s.6
Meetings of Commission
5(1)The Commission shall meet as required at the call of the chair at the time and place designated by the chair.
5(2)Five members of the Commission constitute a quorum with at least one member from each of the Atlantic 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 chair, has one vote and a majority vote determines any question.
5(4)The chair shall vote only for the purpose of breaking a tie.
1993, c.M-1.3, s.5; 2015, c.13, s.7
Employees of 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 other persons who 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 that are applicable to employees of the Council.
1993, c.M-1.3, s.6
Finances of 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 March 31 in each year.
7(3)The Commission shall prepare an annual budget that shall be submitted to the Council and included in the budget of the Council submitted to the Lieutenant-Governor in Council.
7(4)The Council may provide to the Commission the financial assistance that is considered appropriate by the Council.
1993, c.M-1.3, s.7; 1994, c.2, s.2; 2015, c.13, s.8
Accounts of 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)Despite 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.
1993, c.M-1.3, s.8; 1994, c.2, s.3
Powers of Commission
9The Commission may
(a) govern, regulate and supervise harness racing in all of its forms relevant and related to pari-mutuel betting,
(b) govern and regulate inter-track betting, separate pool betting, foreign race inter-track betting and foreign race separate pool betting,
(c) govern and regulate the operation of betting theatres authorized by the Lieutenant-Governor in Council,
(d) govern, regulate and supervise the operation of racetracks,
(e) recommend home market areas to the Canadian Pari-Mutuel Agency for the purpose of telephone account betting and theatre betting,
(f) license betting theatres and impose any terms and conditions on a licence that the Commission considers appropriate,
(g) license track operators and impose any terms and conditions on a licence that the Commission considers appropriate,
(h) license owners, trainers, drivers, grooms and other persons in or about racetracks and impose any terms and conditions on a licence that the Commission considers appropriate,
(i) 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,
(j) fix and collect fees or other charges for licences and prescribe the form of licences and the conditions under which licences may be issued,
(k) refuse the granting of any licence,
(l) make, adopt or incorporate by reference rules for the conduct of harness racing,
(m) establish uniform rules for the conduct of harness racing,
(n) fix, impose and collect fines, not exceeding $5,000, and other penalties for the violation
(i) of any term or condition established 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,
(o) recruit, train, evaluate, license and employ harness racing judges and any other officials and staff that the Commission considers appropriate to attend at harness racing meets on behalf of the Commission,
(p) approve the appointment of racetrack officials and employees whose duties relate to the actual running of harness races,
(q) require licensed track operators to keep books of account in a manner satisfactory to the Commission,
(r) inspect at any reasonable time books of account referred to in paragraph (q),
(s) 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,
(t) hold hearings relating to the carrying out of the powers of the Commission,
(u) without restricting the generality of the power to hold hearings in paragraph (t), 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 racetrack 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 grounds to believe that the person has engaged in conduct detrimental to harness racing,
(v) at the conclusion of a hearing, suspend or revoke any licence,
(w) on written application to the Commission by the person affected, reinstate a licence that has been suspended or revoked, and impose any terms and conditions on the reinstated licence that the Commission considers appropriate,
(x) 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,
(y) intervene as a facilitator or mediator for the purpose of convening parties to attempt to bring resolution to matters in dispute if it considers it necessary for the governance, regulation and integrity of harness racing, and delegate this power to any person,
(z) 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, and
(aa) do the other things relating to harness racing or to the operation of racetracks that are authorized or directed by the Lieutenant-Governor in Council.
1993, c.M-1.3, s.10; 1994, c.2, s.5; 2002, c.51, s.3
Delegation of powers
10The Commission may delegate to harness racing judges any of the following powers that 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.
1993, c.M-1.3, s.12
Hearings
11(1)In relation to any hearing under this Act, the Commission may summon any person, by summons to witness signed by the chair, and require that person to give evidence on oath or affirmation and to produce the documents and things that the Commission considers necessary for the hearing.
11(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.
1993, c.M-1.3, s.13; 1994, c.2, s.7
Powers and privileges under the Inquiries Act
12In relation to any hearing under this Act relating to matters arising in New Brunswick, the Commission, the Board, or any harness racing judge to whom the power to hold hearings is delegated, is vested with all the powers and privileges of a commissioner under the Inquiries Act.
1993, c.M-1.3, s.14; 1994, c.2, s.8
Request for a hearing
13Any person who is aggrieved by a decision made by a harness racing judge under a delegation made under section 10 may, within 48 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 9 at that hearing as if those powers had not been delegated.
1993, c.M-1.3, s.15; 1994, c.2, s.9
Provincial Board
14The Commission may establish in each of the Atlantic 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 9(u) and section 13 to that Board.
1993, c.M-1.3, s.17; 1994, c.2, s.11; 2015, c.13, s.9
Annual report
15(1)The Commission shall on or before June 30 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 Atlantic Provinces, and
(c) the audited financial statements of the Commission for the preceding fiscal year.
15(2)Without prejudice to subsection (1), the Council may request information respecting harness racing in the Atlantic Provinces, and the Commission shall provide the information.
15(3)The Minister shall table the annual report in the Legislative Assembly within 15 days after the Minister receives it or, if the Legislative Assembly is not then sitting, within 15 days after the commencement of its next sitting.
1993, c.M-1.3, s.19; 1994, c.2, s.13; 2002, c.51, s.4; 2015, c.13, s.10
The Regulations Act does not apply
16The Regulations Act does not apply
(a) to a term or condition established 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
17The 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
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to October 9, 2015.