C-72.1, r. 2 - Regulation respecting Standardbred horse racing

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Full text
chapter C-72.1, r. 2
Regulation respecting Standardbred horse racing
STANDARDBRED HORSE RACING
Act respecting racing
(chapter C-72.1, s. 105).
C-72.1
January 1 2016
The fees prescribed in the Regulation have been indexed as of 1 January 2018 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 23 December 2017, page 1329. (ss. 3, 4, 5, 7, 8, 9, 10, 11, 17, 18, 19)
1. In this Regulation,
“association” means a person who holds a racing licence issued by the Régie des alcools, des courses et des jeux (board);
“horse” means a Standardbred horse for which a registration certificate has been issued by the Standardbred Canada or the United States Trotting Association;
“owner” means a person who, on his own or in partnership, owns or leases a horse under a title of ownership, a title of lease, a title involving a condition or a term giving him the right to become owner, or under a title giving him the right to use the horse as owner thereof with obligation to surrender;
“race” means a race in which each horse is harnessed to a sulky.
O.C. 2567-83, s. 1.
2. For the purposes of this Regulation, classes of race tracks are as follows:
(1)  professional race track: a race track on which at least 40 pari-mutuel race programs will be held during the validity period of the licence issued for the race track;
(2)  amateur race track:
(a)  a race track on which only non-pari-mutuel races will be held during the validity period of the licence issued for the race track; or
(b)  a race track on which fewer than 5 pari-mutuel race programs will be held during the validity period of the licence issued for the race track.
Despite the first paragraph, during the first year of operation of a race track after 19 April 2012, a race track on which at least 20 pari-mutuel race programs will be held during the validity period of the licence issued for the race track is considered to be a professional race track.
O.C. 2567-83, s. 2; O.C. 232-2012, s. 1.
3. A person who operates a race track must hold a professional race track licence or an amateur race track licence.
The fee payable for the issue of a professional race track licence is $272 annually, and the fee payable for the issue of an amateur race track licence is $55.50 annually.
O.C. 2567-83, s. 3; O.C. 232-2012, s. 2.
4. The fee payable for the issue of a racing licence is
(1)  $301 per race program when a race calendar is held at a professional race track;
(2)  $71 per race program when a pari-mutuel race calendar is held on an amateur race track;
(3)  $11.50 per race program when a non-pari-mutuel race calendar is held on an amateur race track.
O.C. 2567-83, s. 4; O.C. 1240-85, s. 1; O.C. 1051-2011, s. 1; O.C. 232-2012, s. 3.
5. In order to have his horse take part in a race held by the holder of a racing licence issued by the board, to register his stallion with the board for breeding purposes or to claim a horse under the Rules respecting Standardbred horse racing held at a professional race track (chapter C-72.1, r. 4), an owner must hold a horse owner’s licence and have paid the fee therefor.
The fee for that licence is $17.75.
O.C. 2567-83, s. 5; O.C. 1240-85, s. 2; O.C. 232-2012, s. 4.
6. Where the owner is a legal person, the persons who must apply for and hold a horse owner’s licence are the following:
(1)  in the case of a legal person with less than 10 shareholders:
(a)  the legal person;
(b)  every director;
(c)  every shareholder;
(2)  in the case of a legal person with more than 10 shareholders, but less than 50:
(a)  the legal person;
(b)  every director;
(c)  every shareholder holding or controlling a certain number of shares giving him 20% or more of the voting rights in the legal person;
(3)  in the case of a legal person with more than 50 shareholders or which is listed on a Canadian stock exchange:
(a)  the legal person;
(b)  every director or where applicable, every member of the executive committee or of the board of directors;
(c)  every person acting as chairman, secretary or holding a similar office;
(d)  the person responsible within the legal person for the activities for which the licence is required;
(e)  every shareholder holding or controlling a certain number of shares giving him 10% or more of the voting rights in the legal person;
(4)  in the case of a general or undeclared partnership:
(a)  the partnership;
(b)  the manager or any person holding a similar office;
(c)  every partner;
(5)  in the case of a limited partnership:
(a)  the limited partnership;
(b)  the general partner and, where the general partner is a legal person or a general or undeclared partnership, the persons covered by paragraphs 1, 2, 3 and 4;
(c)  the manager of the general partner or any person holding a similar office.
O.C. 2567-83, s. 6.
7. Persons engaged in one of the following activities described in the Rules respecting Standardbred horse races held at a professional race track (chapter C-72.1, r. 4) and in the Rules respecting Standardbred horse races held at an amateur race track (chapter C-72.1, r. 5) must hold one of the following licences, as the case may be, and have paid the fee therefor:
Activity Licence Fee

Sponsor Sponsor’s licence $113.00

Racing judge Class A Racing judge’s 29.25
licence

Class B Racing judge’s 17.75
licence

Race secretary Race secretary’s licence 29.25

Assistant race Assistant race secretary’s 29.25
secretary licence

Programme director Programme director’s licence 17.75

Starting judge Starting judge’s licence 17.75

Patrol judge Patrol judge’s licence 12.00

Paddock judge Paddock judge’s licence 17.75

Race officer Race officer’s licence 12.00

Equipment judge Equipment judge’s licence 12.00

Authorized agent Authorized agent’s licence 17.75

Horse trainer Class A horse trainer’s 17.75
licence

Class B horse trainer’s 12.00
licence

Horse driver Class A horse driver’s 29.25
licence

Class B horse driver’s 17.75
licence

Class C horse driver’s 12.00
licence

Class D horse driver’s 6.75
licence

Groom Groom’s licence 6.75

Veterinarian Veterinarian’s licence 29.25

Equipment seller Equipment seller’s 12.00

Horse identifier Horse identifier’s licence 6.75
O.C. 2567-83, s. 7; O.C. 1240-85, s. 3; O.C. 232-2012, s. 5.
8. Persons engaged in one of the following activities must hold one of the following licences and pay the fee:
Activity Licence Fee

Support staff in the Race track employee’s $6.75
management of an licence
association

Admission employee Race track employee’s 6.75
licence

Maintenance employee Race track employee’s 6.75
licence

Restaurant employee Race track employee’s 6.75
licence

Pari-mutuel employee Pari-mutuel employee’s 6.75
licence

Security guard Security guard employee’s 6.75
licence

Blacksmith Blacksmith licence 12.00
O.C. 2567-83, s. 8.
9. An legal person who represents with the board groups involved in racing or horse breeding must hold a representative’s licence.
The fee for such licence is $56.50.
O.C. 2567-83, s. 9.
10. Any person who holds an administrative position in an association must hold an officer’s licence.
The fee for such licence is $29.25.
O.C. 2567-83, s. 10.
11. Any person who practises a profession, trade, occupation or who operates a business at a race track otherwise than as an officer of the Government of Canada or of the Gouvernement du Québec and for which no licence is prescribed in this Regulation must hold a licence.
The fee for such licence is $6.75.
O.C. 2567-83, s. 11.
12. (Revoked).
O.C. 2567-83, s. 12; O.C. 232-2012, s. 6.
13. The period of validity of licences is established as follows:
(1)  the licence issued to a legal person is valid until the last day of the month of the holder’s birthday;
(2)  the licence issued to an artificial person is valid for 1 year from the date it is issued.
The race track licence and the racing licence are valid until 31 December of each year.
O.C. 2567-83, s. 13.
14. The fee payable by a natural person are as follows, for the first application for a licence under this Regulation:
(1)  the total fee for such licence where the period to run between the date of issue and the date of expiry is 180 days or more;
(2)  50% of the fee for such licence where the period to run between the date of issue and the date of expiry is less than 180 days.
O.C. 2567-83, s. 14.
15. A person holding a horse owner’s licence, a trainer’s licence, a driver’s licence or a groom’s licence of a race commission or other organization established to control and supervise horse racing outside Québec and who wishes to obtain a licence of the same class from the board may carry on the activity concerned for a 10-day period effective from the date on which he provides the board or the racing judge, where applicable, with the duly completed prescribed form and the prescribed fee under this Regulation.
O.C. 2567-83, s. 15.
16. The following devices, in addition to those prescribed under section 80 of the Act and which are used in the carrying out of a privilege conferred by a licence must be registered with the board:
(1)  photo finish devices;
(2)  video devices or movie cameras used for recording races;
(3)  electric or electronic timing devices;
(4)  the starting gate.
O.C. 2567-83, s. 16.
17. The fee prescribed for the registration of each device provided for in section 16 or for those provided for in section 80 of the Act is $12 per year.
O.C. 2567-83, s. 17.
18. The fee prescribed for the registration provided for in section 87 of the Act is the following:
(1)  for a stallion, for which registration is provided for by the Rules respecting the breeding of Québec Standardbred race horses (chapter C-72.1, r. 6):
(a)  if the duly completed prescribed form and the prescribed fee is sent to the board not later than 15 January of each year and if the other documents and data required for the registration are also registered not later than 15 March of each year: $56.50 per year;
(b)  if the conditions referred to in subparagraph a are not met within the required deadline: $561 per year;
(2)  for stable names: $29.25 at the time of registration.
O.C. 2567-83, s. 18.
19. Where a licence is lost, destroyed, tampered with or otherwise rendered unusable, its holder must, in order to continue to carry on his activity, request a duplicate that is issued to him by the board upon payment of a fee of $6.75.
This section also applies to a document certifying the registration provided for in sections 17 and 18.
O.C. 2567-83, s. 19.
20. The fee is in cash, by postal money order or cheque made out to the order of the Régie des alcools, des courses et des jeux and, subject to section 21, at the time of application.
Such fee is refunded by the board to the person whose application for a licence is refused.
O.C. 2567-83, s. 20.
21. The fee prescribed in section 4 is payable for a whole race calendar before it begins.
Where a race calendar comprises more than 10 race programs, it may be divided into groups of 10 programs and the fee becomes payable for each group before it begins.
Where, after division in groups, a group includes less than 10 programs, the fee for such group shall be paid after the payments for the other groups have been made.
Where the average amounts wagered per race cannot be established based on the 2 calendar years preceding the application, either year must then be used; if this cannot be done, the average shall be established by the board.
O.C. 2567-83, s. 21; O.C. 232-2012, s. 7.
21.1. The fees payable under this Regulation are adjusted on 1 January of each year, based on the percentage change in the All-Items Consumer Price Index for Canada, for the 12-month period ending on 30 September of the preceding year, as determined by Statistics Canada. The adjustment rate may not be less than zero.
The adjusted fees are rounded off as follows:
(1)  where the annual increase resulting from the adjustment is between $0.01 and $0.25, they are increased by $0.25;
(2)  where the annual increase resulting from the adjustment is between $0.25 and $0.50, they are increased by $0.50;
(3)  where the annual increase resulting from the adjustment is between $0.50 and $1.00, they are increased by $1.00; and
(4)  where the annual increase resulting from the adjustment is greater than $1.00,
(a)  they are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; or
(b)  they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.
For the purposes of the first paragraph, the board is to publish each year, after their determination, the new fees by means of a notice in Part 1 of the Gazette officielle du Québec and, if the board considers it appropriate, by any other means.
O.C. 1051-2011, s. 2.
22. (Omitted).
O.C. 2567-83, s. 22.
23. (Omitted).
O.C. 2567-83, s. 23.
24. (Omitted).
O.C. 2567-83, s. 24.
25. Persons holding the licences listed below on 19 April 2012, are deemed, for the current calendar year, to be the holders of the licence mentioned directly above:
(1)  racing judge’s licence:
(a)  paddock judge’s licence;
(b)  equipment judge’s licence;
(c)  patrol judge’s licence;
(d)  horse identifier’s licence;
(2)  paddock judge’s licence:
(a)  equipment judge’s licence;
(b)  patrol judge’s licence;
(c)  horse identifier’s licence;
(3)  equipment judge’s licence:
(a)  horse identifier’s licence;
(b)  patrol judge’s licence;
(4)  starting judge’s licence:
(a)  equipment judge’s licence;
(b)  horse identifier’s licence;
(c)  patrol judge’s licence;
(5)  race secretary’s licence:
(a)  assistant race secretary’s licence;
(b)  program director’s licence;
(c)  race officer’s licence;
(6)  assistant secretary’s licence:
(a)  program director’s licence;
(b)  race officer’s licence;
(7)  program director’s licence:
(a)  race officer’s licence;
(8)  pari-mutuel employee’s licence:
(a)  support staff in the management of an association’s licence;
(b)  admission employee’s licence;
(c)  maintenance employee’s licence;
(d)  restaurant employee’s licence;
(9)  horse owner’s licence:
(a)  groom’s licence;
(b)  authorized agent’s licence;
(10)  Class A, B or C horse driver’s licence:
(a)  horse trainer’s licence;
(b)  groom’s licence;
(c)  authorized agent’s licence;
(11)  horse trainer’s licence:
(a)  groom’s licence;
(b)  authorized agent’s licence.
O.C. 232-2012, s. 8.
REFERENCES
O.C. 2567-83, 1983 G.O. 2, 4004
O.C. 1240-85, 1985 G.O. 2, 2146
O.C. 1051-2011, 2011 G.O. 2, 3041
O.C. 232-2012, 2012 G.O. 2, 1022