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c-72.1, r. 5
- Rules respecting Standardbred horse races held at an amateur race track
Table of contents
Enabling statute
1
Alphanumeric
Title
C-72.1
Act respecting racing
Occurrences
0
Full text
Updated to 1 May 2024
This document has official status.
chapter
C-72.1, r. 5
Rules respecting Standardbred horse races held at an amateur race track
STANDARDBRED HORSE RACING — RULES — AMATEUR RACE TRACK
Act respecting races
(chapter C-72.1, s. 103)
.
C-72.1
09
September
01
1
2012
Decision 96-07-24
;
Decision 2012-02-15, s. 1
.
CHAPTER
I
DEFINITIONS AND SCOPE
DIVISION
I
DEFINITIONS
1
.
In these Rules:
(
1
)
“training activity” means any activity designed to prepare a horse to participate in a race where the responsibility for that activity is assumed by a trainer; in particular, a trainer’s assuming responsibility for the care given to a horse, supervising the exercises performed by it, seeing to its feeding, its shoeing and its equipment to ensure that it is properly harnessed constitute a training activity; (
activité d’entraînement
);
(
2
)
“agent” means the holder of an agent’s licence issued under section 7 of the Regulation respecting Standardbred horse racing (chapter C-72.1, r. 2); (
agent
)
(
3
)
“gait” means trot or pace; (
allure
)
(
4
)
“association” means the holder of a racing licence issued under section 58 of the Act respecting racing (chapter C-72.1); (
association
)
(
5
)
“purse” means a sum of money awarded to the owners of horses participating in a race; (
bourse
)
(
6
)
“advertised purse” means a sum of money offered for a special race; (
bourse commanditée
)
(
7
)
“race meeting” means a fixed number of race programs organized by an association, held at a single race track during a calendar year; (
calendrier de courses
)
(
8
)
“eligibility certificate” means a document issued by the Standardbred Canada or the United States Trotting Association, giving the characteristics of a horse and the statistics of its previous races; (
certificat d’admissibilité
)
(
9
)
“registration certificate” means a document issued by the Standardbred Canada or the United States Trotting Association for the purposes of registering race horses; (
certificat d’enregistrement
)
(
10
)
“horse” means a colt, a stallion, a gelding, a filly, a mare or a spayed mare of the Standardbred breed, for which a registration certificate has been issued by the Standardbred Canada or the United States Trotting Association; (
cheval
)
(
11
)
“maiden horse” means a horse that, at a given gait, has never won a race with a purse run at that gait; (
cheval novice
)
(
12
)
“sponsor” means the holder of a sponsor’s licence issued under section 7 of the Regulation respecting Standardbred horse racing; (
commanditaire
)
(
13
)
“driver” means the holder of a driver’s licence issued under section 7 of the Regulation respecting Standardbred horse racing; (
conducteur
)
(
14
)
“race” means a competition between horses participating in a contest of speed during which each horse is harnessed to a sulky; (
course
)
(
15
)
“conditioned race” means a regular race for which the eligibility of horses is determined in accordance with one or more conditions that, in particular, may be based on:
(
a
)
the winnings of the horses for a determined number of races or for a determined period of time;
(
b
)
the position of the horses after a determined number of races or after a determined period of time, except the position obtained in a schooling race without pari-mutuel betting;
(
c
)
the age of the horses;
(
d
)
the sex of the horses;
(
e
)
the number of starts of the horses during a determined period of time;
(
f
)
special criteria in the case of foreign horses that do not have a sufficient number of starts in Canada or the United States; (
course avec conditions
)
(
16
)
“race with elimination heats” means a special race comprising heats, the purpose of which is to allow the best horses in each heat to qualify for a final heat; (
course d’épreuves éliminatoires
)
(
17
)
“early closing race” means a special race for which the nomination closing time is more than 6 weeks before the date of the race; (
course de mise en nomination hâtive
)
(
18
)
“late closing race” means a special race for which the nomination closing time is less than 6 weeks but more than 5 days before the date of the race; (
course de mise en nomination tardive
)
(
19
)
“two in three race” means a special race that comprises a number of heats in which the same horses participate and the winner of which is the horse that wins 2 heats; (
course deux de trois
)
(
20
)
“futurity race” means a special race for which horses are nominated in their own name or in their dam’s name, either during the gestation period or during the year in which they were born; (
course futurity
)
(
21
)
“match race” means a race organized by the owners of the participating horses who establish among themselves the conditions for participation; (
course match
)
(
22
)
“regular race” means a race for which the declaration closing time is scheduled within a period beginning on the 5th day before the race and ending at the time indicated in the conditions for participation or, failing that, not later than noon on the day preceding the race; (
course ordinaire
)
(
23
)
“preferred race” means a regular race reserved for the fastest horses participating in a race program or a regular race for which the horses are chosen in accordance with their ability or performance, regardless of their eligibility to participate in a race; (
course préférentielle
)
(
24
)
“walkover” means a race in which only 1 horse participates or for which there is only 1 coupled entry; (
course solo
)
(
25
)
“special race” means a race reserved for horses nominated and with an advertised purse, to which are added the nomination fees and any sustaining fees, starting fees or amounts paid by the association; (
course spéciale
)
(
26
)
“stake race” means a special race that is held during a year subsequent to the year in which the closing of nominations occurs; (
course stake
)
(
27
)
“drug” means a substance or a mixture the use of which is prohibited by a rule of the Régie des alcools, des courses et des jeux or a substance, its preparations, metabolites, derivatives, isomers or salts mentioned in the Schedule to the Pari-Mutuel Betting Supervision Regulations (SOR/91-365), except for the purposes of sections 217 to 224; (
drogue
)
(
28
)
“official sample” means a sample of blood, saliva, urine or any other organic fluid taken from a horse, sealed and identified in accordance with the Pari-Mutuel Betting Supervision Regulations; (
échantillon officiel
)
(
29
)
“entry” means several horses declared or participating in a race that are owned by the same owner; (
écurie couplée
)
(
30
)
“retention area” means a place at a race track specially equipped for taking official samples from horses; (
enclos
)
(
31
)
“trainer” means the holder of a trainer’s licence issued under section 7 of the Regulation respecting Standardbred horse racing; (
entraîneur
)
(
32
)
“handicap” means a concession granted in a race on the performance, winnings or sex of the horses, on the distance to be run; (
handicap
)
(
33
)
“post time” means the time set for the arrival of the horses at the starting gate; (
heure de départ
)
(
34
)
“declaration” means the deposit in the declaration box of a declaration form, duly completed, in order that a horse may participate in a specific race; (
inscription
)
(
35
)
“racing judge” means a racing judge appointed under section 48 of the Act and to whom the board has delegated powers under section 49 of the Act; (
juge des courses
)
(
36
)
“paddock judge” means a paddock judge appointed under section 48 of the Act and to whom the board has delegated powers under section 50 of the Act; (
juge de paddock
)
(
37
)
“finish line” means a line perpendicular to the racing strip, drawn with a theodolite, from a point situated in the middle of the racing judge’s stand to a point situated on the other side of the racing strip; (
ligne d’arrivée
)
(
38
)
“starting line” means a real vertical line which is marked on the inside of the racing strip and at which the recording of the duration of a race begins; (
ligne de départ
)
(
39
)
“safety line” means a real vertical line which is marked on the inside of the racing strip not less than 200 ft from the beginning of the first turn; (
ligne de sécurité
)
(
40
)
“nomination” means the deposit, in a place specified for that purpose, of a nomination form, duly completed, in order to declare a horse in a special race; (
mise en nomination
)
(
41
)
“objection” means a verbal statement by a driver to the racing judge alleging that a violation of these Rules has been committed; (
objection
)
(
42
)
“racing official” means a person exercising any of the duties described in Chapter II; (
officiel de courses
)
(
43
)
“groom” means the holder of a groom’s licence issued under section 7 of the Regulation respecting Standardbred horse racing; (
palefrenier
)
(
44
)
“participant” means an owner, an agent, a trainer, a driver or a groom; (
participant
)
(
45
)
“protest” means a statement in writing, sent to the racing judge, alleging that:
(
a
)
a horse is ineligible for a race;
(
b
)
the declaration or the nomination of a horse was done incorrectly;
(
c
)
a violation of these Rules has been committed by a racing official, an association, a participant or a sponsor with the consequence of preventing a horse or a driver from participating in a race or permitting a horse or a driver to do so; (
plainte
)
(
46
)
“race program” means the number of races held consecutively on the same occasion; (
programme de courses
)
(
47
)
“owner” means the holder of an owner’s licence issued under section 5 of the Regulation respecting Standardbred horse racing; (
propriétaire
)
(
48
)
“Pari-Mutuel Betting Supervision Regulations” means the Regulations made by the Minister of Agriculture and Agri-Food of Canada under section 204 of the Criminal Code (R.S.C. 1985, c. C-46); (
Règlement sur la surveillance du pari mutuel
)
(
49
)
“official result” means the order of finish assigned to horses at the end of a race and declared official by the racing judge for the purposes of pari-mutuel betting; (
résultat officiel
)
(
50
)
“racing strip” means the part of a race track on which the race is held; (
tracé
)
(
51
)
“veterinarian” means a veterinarian who holds a veterinarian’s licence issued under section 7 of the Regulation respecting Standardbred horse racing. (
vétérinaire
)
Decision 96-07-24, s. 1
.
DIVISION
II
SCOPE
2
.
These Rules apply to Standardbred horse races held at an amateur race track within the meaning of subparagraph 2 of the first paragraph of section 2 of the Regulation respecting Standardbred horse racing (chapter C-72.1, r. 2), except when the average purse offered is $300 or less.
Decision 96-07-24, s. 2
;
Decision 2012-02-15, s. 2
.
CHAPTER
II
RACING OFFICIALS
DIVISION
I
GENERAL
3
.
For a race program, the following racing officials must be present:
(
1
)
at least 1 racing judge who holds a Class A or B racing judge’s licence;
(
2
)
1 paddock judge;
(
3
)
1 race secretary;
(
4
)
1 starting judge;
(
5
)
1 chart maker;
(
6
)
1 timer using a stopwatch.
Decision 96-07-24, s. 3
.
4
.
Where 1 or 2 racing judges are present at a race program, one of the judges may act as timer or chart maker.
Decision 96-07-24, s. 4
.
5
.
The board assigns the racing judges to the different race tracks.
The board determines which of the racing judges assigned to a given race track acts as president.
Decision 96-07-24, s. 5
.
6
.
The association that holds a race program designates the racing officials other than those referred to in section 5 who must be present for that program and, where applicable, it bears the cost of their remuneration.
Decision 96-07-24, s. 6
.
DIVISION
II
RACING JUDGE
7
.
The racing judge must:
(
1
)
supervise and control the holding and conduct of races;
(
2
)
control the declaration and the scratching of horses;
(
3
)
observe the behaviour of drivers and of horses;
(
4
)
remain in communication with the other racing officials during each race;
(
5
)
determine the position order of the horses at the finish line and the result of each race;
(
6
)
hear and decide any violations of these Rules, objections, protests or complaints and impose administrative measures in accordance with the powers delegated to the racing judge under section 49 of the Act;
(
7
)
draft and send to the board, after each race program, a report signed by each of them concerning any incidents or violations that occurred during the program and the decisions rendered;
(
8
)
perform any other tasks required by his or her duties.
Decision 96-07-24, s. 7
.
8
.
The racing judge must be present at the race track at least 2 hours and 30 minutes before the post time of the first pari-mutuel betting race of a race program.
The racing judge must be present at the judges’ stand at least 15 minutes before the post time of the first race of a race program and remain there at least 10 minutes after the end of the final race.
Decision 96-07-24, s. 8
.
9
.
Subject to any contrary provision of these Rules, where more than 1 racing judge is assigned by the board, the racing judges perform their duties collectively at the race track where they officiate. In the case of a tie-vote, the presiding judge has the casting vote.
They may exercise their authority over the other racing officials and over the participants.
In the performance of their duties, they have access to all areas of the race track where they officiate.
Decision 96-07-24, s. 9
.
10
.
Where the racing judges ascertain that a horse at a race track is unfit to participate in a race because it is sick, is lame or is otherwise handicapped, because it chokes or suffers from epistaxis during a race or during the warm-up period preceding a race, they may require that the horse be examined by a veterinarian of the board, whether or not a race program is in progress, and that the veterinarian report to them the results of the examination.
Decision 96-07-24, s. 10
.
DIVISION
III
PADDOCK JUDGE
11
.
The paddock judge must:
(
1
)
supervise and control the entry to and the exit from the paddock of persons having access thereto and of horses;
(
2
)
check broken or defective equipment, the horseshoes, the head numbers and the saddle pads of the horses for each race;
(
3
)
supervise the activities of the blacksmith, if applicable;
(
4
)
group together the horses for the same race in the paddock stalls and give the signal to enter the racing strip for the parade;
(
5
)
inform the racing judge of any cause that delays the start of a race or otherwise affects or modifies the holding of a race;
(
6
)
inform the racing judge of the reasons why a horse returns to the paddock after entering the racing strip for the parade;
(
7
)
perform any other tasks required by his or her duties.
The paddock judge must be present in the paddock at least 2 hours and 30 minutes before the post time of the first race.
The paddock judge may also fulfil the duties of the horse identifier.
Decision 96-07-24, s. 11
.
12
.
The paddock judge may exercise his or her authority over the persons and the horses that are in the paddock.
Decision 96-07-24, s. 12
.
DIVISION
IV
RACE SECRETARY
13
.
The race secretary must:
(
1
)
prepare and organize the races held by the association that employs him or her;
(
2
)
ensure that the races held by that association are in compliance with these Rules;
(
3
)
receive and conserve the eligibility certificates of the horses that participate in the races and of the horses boarded on the premises owned or operated by the association;
(
4
)
conserve the documents that are given to him or her by the participants and the documents relative to the races that he or she organizes;
(
5
)
verify the eligibility certificates of the horses and the other documents that are given to him or her under these Rules;
(
6
)
establish classes of horses and verify that the horses declared in those classes are eligible;
(
7
)
establish and post the conditions for participating in a race;
(
8
)
compile the declarations and establish a list of the horses declared for the various races;
(
9
)
establish the preference date for each of the horses declared in accordance with section 131;
(
10
)
conduct the drawing of the post positions or see that it is conducted;
(
11
)
prepare a list of the horses that are to start in a race for the purposes of the printed program;
(
12
)
perform any other tasks required by his duties;
(
13
)
verify the attestation of the Coggins test of each soliped allowed or boarded at the race track and keep a log book indicating the name of the horse or the name and description of the soliped and the date on which it underwent the test;
(
14
)
may also perform the duties of the program director.
Decision 96-07-24, s. 13
.
DIVISION
V
STARTING JUDGE
14
.
The starting judge must:
(
1
)
give the official signal for the start of each race;
(
2
)
ensure that the start is in accordance with these Rules;
(
3
)
exercise complete authority over the drivers and the horses participating in a race from the time of the formation of the parade until he or she gives the official start signal;
(
4
)
take place in the starting gate vehicle 10 minutes before the start of each race of a race program;
(
5
)
forward to the racing judge, after each race program, a report of the incidents that he or she has noted.
The starting judge must be present in the paddock at least 45 minutes before the starting time of the first race of a race program.
Decision 96-07-24, s. 14
.
15
.
The starting judge may:
(
1
)
give all necessary orders and take all necessary measures to ensure a proper start;
(
2
)
hold exercises to train horses to make proper starts using the starting technique employed at the race track where he or she performs his or her duties.
Decision 96-07-24, s. 15
.
DIVISION
VI
PROGRAM DIRECTOR
16
.
The program director publishes, for each pari-mutuel betting race of a race program, a printed program including all the information prescribed in section 22.
The program director may also perform the duties of the chart maker.
Decision 96-07-24, s. 16
.
DIVISION
VII
CHART MAKER
17
.
The chart maker may collect and record the information prescribed in section 59.
The chart maker may also fulfil the duties of the timer.
Decision 96-07-24, s. 17
.
DIVISION
VIII
TIMER
18
.
The timer must:
(
1
)
determine the exact duration of a race;
(
2
)
start the stopwatch as soon as the nose of the first horse crosses the starting line;
(
3
)
record the time that the leader takes to cover each quarter mile for each 1-mile race;
(
4
)
certify, after each race, the duration of the race recorded in the report of the racing judge.
The timer must be present at his or her station at least 15 minutes before the post time of the first race of a race program.
Decision 96-07-24, s. 18
.
DIVISION
IX
HORSE IDENTIFIER
19
.
The horse identifier must:
(
1
)
identify the horses that are in the paddock before a race in which those horses are to participate;
(
2
)
check the tattoo of each horse in order to ensure that it is the tattoo of the horse declared in the race.
The horse identifier must be present in the paddock at least 45 minutes before the post time of the first race of a race program.
Decision 96-07-24, s. 19
.
CHAPTER
III
PARTICIPANTS AND ASSOCIATIONS
DIVISION
I
GENERAL
20
.
When a licence holder is carrying on the occupation, function or business activity for which a licence was issued to him or her, the licence holder must have that licence in his or her possession and show it when so requested by a racing judge, another racing official, a security agent or a person authorized by the board.
Decision 96-07-24, s. 20
.
DIVISION
II
ASSOCIATION
21
.
An association causes the following notice to appear in conspicuous view on any program pertaining to a race program:
“This association holds a racing licence issued by the Régie des alcools, des courses et des jeux and conducts its race program in accordance with the Act respecting racing (chapter C-72.1) and the Rules and Regulations made under that Act.”.
Decision 96-07-24, s. 21
.
22
.
During each race program with pari-mutuel betting, an association must make available to the public a printed program that must contain the following information or corresponding abbreviation or symbol:
(
1
)
the name of the association;
(
2
)
the date of the race program;
(
3
)
the order in which each race on the program is held;
(
4
)
the distance to be covered in each race;
(
5
)
the gait at which each race is to be run;
(
6
)
the name, sex, colour and age of the horses participating in each race;
(
7
)
the names of the sire, the dam and the dam’s sire of each of the horses participating in each race;
(
8
)
the names of the owner, the trainer and the driver of each of the horses participating in each race;
(
9
)
the distinctive colours of the drivers;
(
10
)
the colour of the horses’ saddle cloth for each race;
(
11
)
the number of the race;
(
12
)
the types of bets for each race;
(
13
)
the post position of each horse in each race;
(
14
)
the amount of the purse in each race;
(
15
)
the official performance of each horse in each of the last 6 races in which it has participated that were run at the same gait as the race in which it is participating or, where the horse has no official performance, a summary of the information prescribed in section 59;
(
16
)
for the current year and the preceding year, a summary of:
(
a
)
the speed records of each horse with the exception of those realized during a time trial race, using the abbreviation “qua” to indicate that a record was established during a qualifying race;
(
b
)
the number of starts for each horse for races with a purse and the number of its 1st, 2nd and 3rd place finishes;
(
c
)
the winnings of each horse;
(
17
)
the life record of each horse and the age at which it was established;
(
18
)
the life winnings of each horse;
(
19
)
the abbreviation “gest” after the sex of the horse, where it is a mare in foal;
(
20
)
the abbreviation “chat” after the sex of the horse, where it is a mare that has been spayed;
(
21
)
the abbreviation “dnv” after the sex of the horse, where it is a horse that has undergone nerve blocking.
Decision 96-07-24, s. 22
.
23
.
The association must post in the paddock a list of the veterinarians on duty and ensure that the veterinarians are available at least 45 minutes before the post time of the first race of a race program and throughout that program.
Decision 96-07-24, s. 23
.
24
.
An association must at all times maintain a system for communication between the racing judges and the following persons:
(
1
)
the paddock judge;
(
2
)
the starting judge;
(
3
)
the employees of the Department of Agriculture of Canada;
(
4
)
the person in charge of the pari-mutuel system;
(
5
)
the chief test inspector;
(
6
)
the officials responsible for the video recording of the races;
(
7
)
the chart maker.
To conduct its business, the association may maintain a system for communication with the paddock judge.
Decision 96-07-24, s. 24
.
DIVISION
III
OWNER OF A HORSE
25
.
The owner of a horse must carry on its activities under a stable name where it is one of the following:
(
1
)
a legal person;
(
2
)
a natural person who conducts business under a firm name;
(
3
)
a partnership or association composed of 5 or more owners.
The stable name must be the name of the enterprise.
Decision 96-07-24, s. 25
.
DIVISION
IV
AGENT
26
.
Where so requested by a racing official, an agent must show the document attesting to the agent’s appointment as an agent, signed by the owner that made him or her its agent.
Decision 96-07-24, s. 26
.
DIVISION
V
TRAINER
27
.
The trainer of a horse is responsible to the owner of the horse for all of its training activity, and that trainer must be listed as its trainer in the program.
The trainer of a horse must ensure that the information he or she provides to an association concerning the horse is truthful.
Decision 96-07-24, s. 27
.
28
.
A trainer is responsible for the physical condition of the horse that he or she trains and for the eligibility of that horse when it is declared in a race.
The trainer must also ensure that any horse that he or she trains and that is to start in a race is subject to strict supervision to prevent any person from administering a drug to it.
The trainer must not declare a horse in a race or have the horse start in a race if the trainer believes that the horse is not in condition to run in a race.
Decision 96-07-24, s. 28
.
DIVISION
VI
VETERINARIAN
29
.
The veterinarian is responsible for the state of health of a horse that the veterinarian treats or to which the veterinarian has prescribed or administered a drug or a medication.
Decision 96-07-24, s. 29
.
30
.
The veterinarian may not treat a horse or administer to it a drug or a medication where, during a race program, the horse is in the paddock, in the retention area or on the racing strip, unless he or she has obtained the permission of the racing judge.
Decision 96-07-24, s. 30
.
31
.
Where the veterinarian administers to a horse a drug, a medication or any other substance which may yield positive results when analyzed or where the veterinarian recommends that such drug, medication or substance be administered to a horse, the veterinarian must indicate to the trainer of the horse, as the case may be:
(
1
)
the quantity of drug, medication or substance administered;
(
2
)
the quantity of drug, medication or substance to be administered;
(
3
)
the period of time during which the taking of an official sample of the drug, medication or substance administered or to be administered is likely to yield positive results.
Decision 96-07-24, s. 31
.
CHAPTER
IV
HORSE
32
.
In order to participate in a race, a horse must:
(
1
)
have been tattooed according to the standards of the Standardbred Canada or the United States Trotting Association;
(
2
)
hold an eligibility certificate and a registration certificate;
(
3
)
be at least 2 years old;
(
4
)
not have undergone nerve blocking by physical or chemical means other than in the posterior digital nerves; any nerve blocking that has been done must not have been at a level higher than the pastern;
(
5
)
breathe without the help of a tube;
(
6
)
not be blind;
(
7
)
belong to an owner;
(
8
)
satisfy the other conditions or requirements prescribed in these Rules.
For the purpose of subparagraph 3, the age of a horse is calculated from 1 January of the year of its birth.
Decision 96-07-24, s. 32
.
33
.
An association must ensure that at the race track where it holds races, only a soliped holding an attestation, dated within the previous 12 months, indicating that it has undergone a Coggins test with negative results is allowed or boarded at that race track.
Decision 96-07-24, s. 33
.
34
.
Where a horse is sold, its new owner or the agent of that owner must, within 20 days following the date of the sale, forward to the Standardbred Canada or the United States Trotting Association the registration certificate of that horse to notify it of the change of owners.
Decision 96-07-24, s. 34
.
35
.
Where a horse is sold, neither the horse’s owner, the agent of the owner nor the horse’s trainer may cause it to participate in more than 1 race from the time of the sale until the change of ownership has been made on a registration certificate by the Canadian Standardbred Horse Association or the United States Trotting Association, unless the new owner, his or her agent or the trainer demonstrates to the racing judge that the documents necessary to give notice of that change have been forwarded to one of those organizations.
Decision 96-07-24, s. 35
.
36
.
Only a representative of the Standardbred Canada, the United States Trotting Association or a racing judge may make corrections to the information listed on an eligibility certificate.
Decision 96-07-24, s. 36
.
CHAPTER
V
CONDUCT AND ETHICS
37
.
Subject to section 32, where a mare is spayed or where a horse has undergone nerve blocking, its owner or its trainer must so notify the association and the board in writing in order to be able to declare it in a race.
Decision 96-07-24, s. 37
.
CHAPTER
V
CONDUCT AND ETHICS
38
.
No person may commit an act of cruelty to a horse.
Decision 96-07-24, s. 38
.
39
.
A racing official may not take part in a race as an owner, authorized agent, driver, trainer or groom.
Decision 96-07-24, s. 39
.
40
.
The racing judge may not bet on the results of races in Québec; the other racing officials may not bet on the result of the races in which they officiate.
Decision 96-07-24, s. 40
.
41
.
The program director is the only racing official who may indicate a choice of horses on a program or make any comment whatsoever on the choice of a horse in relation to pari-mutuel betting.
Decision 96-07-24, s. 41
.
42
.
A licence holder must not:
(
1
)
make or accept an offer or a promise of a bribe;
(
2
)
suggest or commit a dishonest or fraudulent act;
(
3
)
hold a race or drive in a race in any way other than fairly and honestly;
(
4
)
fraudulently change or attempt to change the result of a race.
Decision 96-07-24, s. 42
.
43
.
A licence holder must inform the board of any offer or promise of an illicit payment or any other dishonest proposition of which he or she is aware.
Decision 96-07-24, s. 43
.
44
.
After the declaration of his or her horse in a race, a participant may not state or indicate to anyone that, during the race, he or she will not require the necessary effort from his or her horse to win the race.
Decision 96-07-24, s. 44
.
45
.
A participant whose horse is declared in a race may not require a cash premium or other consideration from the association in order for the horse to participate in the race.
Decision 96-07-24, s. 45
.
46
.
A participant may not prepare a racing strategy or tactic with another participant for the purpose of favouring or hampering a horse in a race.
Decision 96-07-24, s. 46
.
47
.
Where a horse participates in a race, neither its owner, the owner’s agent, its trainer, its driver, its groom nor their employees may bet, incite anyone to bet on their behalf or have in their possession pari-mutuel tickets on another horse participating in the same race.
For win pools, they may bet or have someone bet on their behalf, but only where they choose their horse or their entry to finish in first place.
For features, they may bet or have someone bet on their behalf, but only where they choose their horse or their entry to finish in first place.
Decision 96-07-24, s. 47
.
48
.
Neither a driver, a trainer nor a groom may go into the grandstands or any other place at the race track where the public has access until he or she has changed into street clothes, unless he or she has obtained the permission of the racing judge.
Decision 96-07-24, s. 48
.
49
.
A driver must not drive in a race in such a way as to prevent the horse from finishing the race among the leaders.
Decision 96-07-24, s. 49
.
50
.
Any of the following are violations:
(
1
)
for a driver, driving a horse in a race while his or her licence is suspended;
(
2
)
for a trainer, carrying on a training activity while his or her licence is suspended;
(
3
)
for a groom, taking care of a horse while his or her licence is suspended;
(
4
)
for a licence holder, not appearing before a racing judge when summoned to appear.
Decision 96-07-24, s. 50
.
51
.
No person may influence or attempt to influence an employee of the board, a racing official or any other licence holder in the performance of his or her duties.
Decision 96-07-24, s. 51
.
52
.
Only a person authorized by a racing judge or summoned by the racing judge has access to the racing judge’s stand while the racing judge is occupying it.
Decision 96-07-24, s. 52
.
53
.
No person may commit any act or take any measures whatsoever or incite anyone to commit any act or take any measures whatsoever that could result in preventing a race from being held or in delaying the start of a race.
Decision 96-07-24, s. 53
.
54
.
No person may behave toward others:
(
1
)
incorrectly;
(
2
)
disrespectfully;
(
3
)
insultingly.
Decision 96-07-24, s. 54
.
CHAPTER
VI
RACES
DIVISION
I
GENERAL
55
.
No person may:
(
1
)
disturb the peace;
(
2
)
threaten a person;
(
3
)
assault a person.
Decision 96-07-24, s. 55
.
CHAPTER
VI
RACES
DIVISION
I
GENERAL
56
.
The classes and subclasses of races that an association may hold are:
(
1
)
the following regular races:
(
a
)
a conditioned race;
(
b
)
a preferred race, either classified, preferred, invitational, with handicap or open to every horse that may participate in the race;
(
2
)
the following special races:
(
a
)
a stake race;
(
b
)
a futurity race;
(
c
)
an early closing race;
(
d
)
a late closing race.
Decision 96-07-24, s. 56
.
56.1
.
For the purposes of these Rules, at least 5 races must be held during a race program.
Decision 2012-02-15, s. 3
.
57
.
The association fixes the post time of each of the races of a race program.
As soon as the association decides to delay the post time, it must so inform the racing judge.
Decision 96-07-24, s. 57
.
58
.
The race secretary determines the time standards for a horse to be able to participate in a race.
Decision 96-07-24, s. 58
.
59
.
The chart maker collects and records the following information:
(
1
)
the name of the horse participating in the race;
(
2
)
the date on which the race is held;
(
3
)
where the race was held in the afternoon, the abbreviation “a”;
(
4
)
the name of the association holding the race;
(
5
)
the length of the racing strip if it is not a half-mile strip;
(
6
)
where a pacer has raced without hopples or a trotter has raced with hopples, the symbol “+”;
(
7
)
the condition of the racing strip;
(
8
)
the type of races and the conditions for participation;
(
9
)
the distance to be covered in the race;
(
10
)
the gait at which the race is held;
(
11
)
the post position of the horse;
(
12
)
the position of the horse:
(
a
)
at the quarter-mile, at the half-mile and at the finish line, and the distance between it and the leader at the finish line, for a race shorter than 1 mile;
(
b
)
at the quarter-mile, at the half-mile, at three-quarters of a mile, at the entrance to the last straight section of the racing strip before the finish line and at the finish line and, in the latter 2 cases, the distance between it and the leader, for a race of 1 mile;
(
c
)
at the quarter-mile, at the half-mile, at the mile, at the entrance to the last straight section of the racing strip before the finish line and at the finish line and, in the latter 2 cases, the distance between it and the leader, for a race longer than 1 mile;
(
d
)
at the finish line indicating the distance between the leader and the following horse by the abbreviation:
(
i
)
“n” where the distance is a nose;
(
ii
)
“hd” where the distance is a head;
(
iii
)
“nk” where the distance is a neck;
(
13
)
the official position of finish of the horse;
(
14
)
the time taken by the leader to cover:
(
a
)
the quarter-mile, the half-mile and the total distance of the race, for a race shorter than 1 mile;
(
b
)
the quarter-mile, the half-mile, three-quarters of a mile and the mile, for a 1-mile race;
(
c
)
the quarter-mile, the half-mile, the mile and the total distance of the race, for a race longer than 1 mile;
(
15
)
each horse’s running time, to a fifth of a second;
(
16
)
the final pari-mutuel odds of the horse;
(
17
)
the name of the driver of the horse;
(
18
)
the names of the horses that finished first, second and third as determined by the official result or by the racing judge’s decision concerning the distribution of the purse;
(
19
)
the temperature at the time the race was held and the abbreviation “V” if it was windy;
(
20
)
where the horse ran second to the rail for approximately a quarter of a mile, the symbol “O”;
(
21
)
where the horse broke its gait, the symbol “X”;
(
22
)
where the horse broke its equipment, the abbreviation “be”;
(
23
)
where the horse was interfered with, the abbreviation “i”;
(
24
)
where the horse suffered from epistaxis, the abbreviation “bl”;
(
25
)
where the horse choked, the abbreviation “ch”;
(
26
)
where the horse was favoured at the start of the race, the symbol “+”;
(
27
)
where the horse was the victim of an accident, the abbreviation “acc”;
(
28
)
where the horse fell, the word “Fell”;
(
29
)
where the horse did not finish the race, the abbreviation “DNF”;
(
30
)
where the horse finished in a dead heat, the abbreviation “dh”;
(
31
)
where the horse was disqualified, the abbreviation “dq”;
(
32
)
where the horse fell behind, the abbreviation “dis”;
(
33
)
where there was no betting on that race, the abbreviation “nb”;
(
34
)
where there was no betting on that horse, the abbreviation “ba”;
(
35
)
where there were no betting tickets on that horse, the abbreviation “no”;
(
36
)
where the horse was part of an entry, the abbreviation “e” near the final pari-mutuel odds of the horse;
(
37
)
where a break in gait was caused by a breakage of equipment, the abbreviation “ex”;
(
38
)
where a break in gait was caused by an interference, the abbreviation “ix”;
(
39
)
where a horse was grouped with others under the same number for the purposes of pari-mutuel betting, the abbreviation “f”;
(
40
)
where the time of the horse was disallowed, the abbreviation “T.DIS”;
(
41
)
where the performance of a horse was established at a time trial race, the abbreviation “TT”;
(
42
)
where the performance of a horse was established while the horse was driven by a Class D driver, the abbreviation “CD”.
Decision 96-07-24, s. 59
.
60
.
The race secretary must indicate the distance to be covered in a race in the conditions for participation; that distance must be determined in multiples of one-sixteenth of a mile.
The race secretary must also indicate the number of heats in a race, where applicable.
Decision 96-07-24, s. 60
.
61
.
There must be an interval of at least 45 minutes between 2 heats of a race in which the same horse participates.
Decision 96-07-24, s. 61
.
62
.
The trainer must ensure that the sulky used for a race is equipped with 2 shafts parallel to the horse and hitched on each side of the horse. No part of the hitch shafts must be higher than the lowest part of the horse’s back.
Decision 96-07-24, s. 62
.
63
.
A horse trainer must ensure that the inside and outside of each wheel of the sulky he or she uses for a race is equipped with colourless or uniform-coloured wheel disks which cover all the spokes of the wheel.
Decision 96-07-24, s. 63
.
64
.
A trainer whose horse participates in a pari-mutuel betting race must, during the race and the exercises preceding it, affix to the horse’s saddle pad and headstall a number corresponding to the one appearing for the race on the program, at least 90 minutes before the post time of the first race of the race program.
Decision 96-07-24, s. 64
.
65
.
The maximum number of horses that may start in a race is set at 10.
Decision 96-07-24, s. 65
.
DIVISION
II
REGULAR RACES
§
1
. —
Conditions for participation
66
.
The race secretary must post the conditions for participation at least 18 hours before the time prescribed for the closing of declarations.
Decision 96-07-24, s. 66
.
67
.
The race secretary must indicate, in the conditions for participation in a race, the minimum number of declarations for the race to be held and the maximum number of horses that can start.
Where the minimum number of declarations is reached, the association must hold the race on the date determined for that purpose.
Where the minimum number of declarations is not reached, the race may be cancelled or the declaration period may be extended by the race secretary.
Where the race is cancelled, the secretary posts a cancellation notice on which appears the names of the horses registered on the declaration.
Where the declaration period is extended, the race secretary, by means of the public address system, must notify the participants present at the race track and indicate the duration of that extension.
Decision 96-07-24, s. 67
.
68
.
The race secretary may provide, for each race program, replacement races which the secretary designates as such in the list of the conditions for participation.
A replacement race may be held only where a scheduled race on the program is cancelled.
Decision 96-07-24, s. 68
.
69
.
A race, including a replacement race, may be divided to provide the full number of races scheduled in the race program during which it is to be held or in a subsequent race program.
However, a divided race may not replace a scheduled race in a race program for which the required number of declarations has been attained.
Decision 96-07-24, s. 69
.
70
.
Where a race is divided to provide the full number of races scheduled in a race program, the horses that will start in each division are determined by a drawing conducted by the race secretary, after the rules respecting preference referred to in section 127 have been applied, unless the conditions for participation in the race provide for divisions based on the age or the sex of the horses.
Decision 96-07-24, s. 70
.
71
.
Where a preference is granted by the race secretary in the conditions for participation in a race, it has priority over the rules of preference established in section 131.
Decision 96-07-24, s. 71
.
72
.
In the list of conditions for participation in a race, the word “start” refers only to participation in a race with a purse.
Decision 96-07-24, s. 72
.
73
.
Where a condition for participation in a race is based on the winnings of horses, only winnings rounded off to the nearest dollar is taken into account.
Decision 96-07-24, s. 73
.
74
.
No condition for participation in a race may be based on the individual record of horses, on their capacity to run a certain distance in a fixed time or on their number of awards.
Decision 96-07-24, s. 74
.
75
.
For a race where trotters and pacers are mixed, a horse must meet the conditions for participation imposed on trotters if it is declared as a trotter, or the conditions imposed on pacers if it is declared as a pacer.
Decision 96-07-24, s. 75
.
76
.
The eligibility of a horse for a race is established at the closing of declarations for the race.
Decision 96-07-24, s. 76
.
77
.
Where the conditions for participation in a race are contradictory, the race secretary must interpret them in favour of the participants; where the interpretation of those conditions remains in issue, a participant may submit the question to the racing judge who rules upon it.
Decision 96-07-24, s. 77
.
§
2
. —
Preferred races
78
.
The race secretary establishes a list of the horses that are fit to participate in the various preferred races and posts it at the race secretarial office before the closing time for declarations respecting such races.
A horse entered on that list may not participate in a conditioned race, unless one of the conditions specifies that such a horse may participate in it.
Decision 96-07-24, s. 78
.
79
.
Where a race secretary scratches a horse from the list referred to in section 78, the secretary must do so not later than on the next day of that race.
Decision 96-07-24, s. 79
.
80
.
Unless the owner or the owner’s agent so consent, no 2-year-old horse may be entered on a list of horses fit to participate in a preferred race in which it would have to compete against older horses, before it has won 7 races.
The owner or the owner’s agent may apply at any time to have the horse scratched from the list.
Decision 96-07-24, s. 80
.
81
.
Where an association offers a purse in a preferred race, the purse must be at least 15% higher than the highest purse offered for a conditioned race to be held at the same gait during the same week as the preferred race.
Decision 96-07-24, s. 81
.
DIVISION
III
SPECIAL RACES
82
.
An association or a sponsor wishing to offer an advertised purse for a special race must obtain the approval of the board for the conditions for participation in that race before they are announced to the public and the forms for the nomination of horses are made available.
Decision 96-07-24, s. 82
.
83
.
The conditions for participation in a special race may not be such that they require the completion of a formality or the fulfilment of an obligation prior to the approval of those conditions by the board.
Decision 96-07-24, s. 83
.
84
.
The board may require that an association or a sponsor wishing to offer an advertised purse provide to the board security guaranteeing that the race will be held on the date scheduled and under the conditions for participation that it has approved as well as full payment of the purse. That security may take the form of a guarantee by a financial institution.
Decision 96-07-24, s. 84
.
85
.
The board may confiscate the security provided by an association or a sponsor that does not comply with any of the obligations referred to in section 84.
Confiscation of the security is accomplished by a formal notice addressed to the financial institution having provided the security to pay the amount of the security within 10 days of receipt of the notice of the board.
Decision 96-07-24, s. 85
.
86
.
The conditions for participation in a special race include:
(
1
)
the criteria for the nomination of horses;
(
2
)
the nomination period;
(
3
)
the minimum number of nominations for the race to be held;
(
4
)
the performance standards, where applicable;
(
5
)
the amount of the nomination fees;
(
6
)
the sustaining fees and the date on which they are to be paid, where applicable;
(
7
)
the starting fees and the date on which they are to be paid, where applicable;
(
8
)
the date and the place at which the race will be held;
(
9
)
the fact that it will be held in division heats, where applicable;
(
10
)
the minimum number of participants for there to be more than one division heat and the maximum number of participants in each division heat, where applicable;
(
11
)
the fact that elimination heats will be held, where applicable;
(
12
)
the date on which elimination heats will be held, where applicable;
(
13
)
the criteria for determining which horses will participate in the final heat and the consolation heat, where applicable;
(
14
)
the date of the final heat and the date of the consolation heat, where applicable;
(
15
)
the amount of the advertised purse;
(
16
)
the method of apportioning the advertised purse and the nomination fees and, where applicable, the method of apportioning the sustaining fees, starting fees and other additions;
(
17
)
the method of apportioning shares that cannot be awarded because the number of horses starting is less than the number of planned shares.
Decision 96-07-24, s. 86
.
87
.
An association or a sponsor establishing the conditions for participation in a stake or futurity race referred to in paragraphs 1 to 7, 9 to 11, 13, and 15 to 17 of section 86 must submit them to the board for approval at least 90 days before the closing date for nominations and payment of nomination fees.
It must also announce those conditions to the public at least 30 days before the closing date for nominations and payment of nomination fees.
Decision 96-07-24, s. 87
.
88
.
An association or a sponsor establishing the conditions for participation in a stake or futurity race referred to in paragraphs 8, 12 and 14 of section 86 must submit them to the board for its approval at least 45 days before the date scheduled for the first payment of fees during the year in which the race is to be held.
It must also announce those conditions to the public at least 15 days before the date of the first payment of fees during the year in which the race is to be held.
Decision 96-07-24, s. 88
.
89
.
An association or a sponsor establishing the conditions for participation in an early closing race or late closing race must submit them to the board for its approval at least 30 days before the closing date for nominations and payment of nomination fees.
It must also announce those conditions to the public before the nomination period begins.
Decision 96-07-24, s. 89
.
90
.
Notwithstanding section 100, the conditions for participation in a special race may provide for a second closing date for nominations and payment of nomination fees in the following cases:
(
1
)
the second closing date for nominations and payment of nomination fees is fixed not later than the closing date for declarations;
(
2
)
the nomination fees for the second closing date are higher than the total fees they replace, such as nomination, sustaining and starting fees.
Decision 96-07-24, s. 90
.
91
.
A condition for participation in a special race may not be such that it causes a nominated horse to be scratched or an unnominated horse to be added because of its performance in a race held after the closing date for nominations, unless the conditions for participation in that race, approved by the board under section 141, provide otherwise.
Decision 96-07-24, s. 91
.
92
.
A condition for participation in a special race may not be such that it requires a horse to meet a time standard or qualifying standards in order to be able to participate in that race, unless the conditions for participation in that race, approved by the board under section 82, provide otherwise.
Decision 96-07-24, s. 92
.
93
.
An association or a sponsor making any modification to a condition for participation in a special race must have it approved by the board.
Decision 96-07-24, s. 93
.
94
.
The nomination and sustaining of a horse in a special race must:
(
1
)
be made in writing and be signed by the owner of the horse or the owner’s agent;
(
2
)
give the name and address of the owner or the agent;
(
3
)
give the name, tattoo number or failing that, the description of the coat, age, sex and gait of the horse as well as the name of its sire and dam;
(
4
)
indicate the race for which the horse is nominated or sustained;
(
5
)
be forwarded to the place shown on the nomination form or on the sustaining form, as the case may be.
Decision 96-07-24, s. 94
.
95
.
An owner or his or her agent who nominates a horse for a special race is responsible for the identity and eligibility of the horse.
Decision 96-07-24, s. 95
.
96
.
The eligibility of a horse nominated for a special race is subject to the payment of the nomination, sustaining and starting fees, where applicable, and to the conditions for participation.
Decision 96-07-24, s. 96
.
97
.
A nomination for a special race is an agreement between the person making it and the person accepting it.
Any question respecting the validity of such a nomination is submitted to the board which rules on it.
Decision 96-07-24, s. 97
.
98
.
Where the same association or the same sponsor offers advertised purses for more than one special race, a horse that has been nominated for one of those races and is declared ineligible for it may participate in another of those races provided that the other race is held at the same gait as the one for which it was initially nominated and that it is eligible for it; the nomination and sustaining fees are adjusted, where applicable, unless the conditions for participation in the race provide otherwise.
Decision 96-07-24, s. 98
.
99
.
Where the same association or the same sponsor offers advertised purses for more than one special race, a horse nominated for one of those races may be transferred only once from one race to another due to a change in gait; the nomination and sustaining fees are adjusted, where applicable, unless the conditions for participation provide otherwise.
Decision 96-07-24, s. 99
.
100
.
The closing date for nominations and payment of nomination fees for a special race is:
(
1
)
for a stake race for yearlings, on 15 May and, for other horses, on the 15th day of a month;
(
2
)
for a futurity race, on 15 July of the year of birth of the horse;
(
3
)
for an early closing race, on the 1st or 15th day of a month, subject to the fact that a 2 year old horse may not be nominated before 15 February;
(
4
)
for a late closing race, on the 1st or 15th day of a month.
Decision 96-07-24, s. 100
.
101
.
Where the nomination of a horse for a special race has been accepted, the subsequent sale of that horse has no effect on its eligibility for the race, unless the conditions for participation provide otherwise.
Decision 96-07-24, s. 101
.
102
.
The association or the sponsor offering an advertised purse may cancel the race where, at the closing date for nominations, the number of horses required for the race to be held has not been reached.
The association or the sponsor cancelling the race must so notify the board and each person who nominated a horse within 20 days following the closing date for nominations. It must send them the reimbursement of fees paid for the nomination with that notice.
Decision 96-07-24, s. 102
.
103
.
Where a mare nominated for a futurity race fails to give birth to a colt or a filly, the owner or the owner’s agent who nominated it must be reimbursed for the nomination and sustaining fees he paid provided that he or she so notifies the association or sponsor offering the advertised purse before 15 December of the year in which that fact was ascertained.
Decision 96-07-24, s. 103
.
104
.
Any sustaining fees for a special race are paid:
(
1
)
for a stake or futurity race, on the 15th day of a month, provided that such payment is not due before 15 February of the year during which a nominated horse reaches the age of 2;
(
2
)
in all other cases, on the 1st or 15th day of a month.
Decision 96-07-24, s. 104
.
105
.
To be valid, a nomination, together with the nomination fees, must be filed with the person designated in the conditions for participation before the closing date for nominations.
To sustain the validity of a nomination, the sustaining fees, where applicable, must be in the possession of the person designated in the conditions for participation not later than the date prescribed for that purpose.
Where the nomination, sustainment of nomination or payment is made by mail or by telegram, the designated person is presumed to have it in his or her possession on the date and at the hour of the post-mark for mail and on the date and at the hour of receipt by the telegraph operator sender in the case of a telegram.
Where the closing date for nominations or payment of sustaining fees is a Saturday, 26 December, 2 January or a holiday, it is postponed to the following working day.
Where the closing time for nominations is not prescribed, it is set at midnight.
Decision 96-07-24, s. 105
;
I.N. 2016-01-01 (NCCP)
.
106
.
The association or the sponsor offering the advertised purse for a stake, futurity or early closing race must, within 45 days following the closing date for nominations, provide to the board and to each owner or owner’s agent who nominated a horse a list of the horses nominated.
It must also, within the 45 days following the date of each payment of the sustaining fees, provide to the board and to each owner or owner’s agent who nominated a horse a list of the horses that are still eligible to participate in the race and a document indicating the cumulative amounts of the nomination and sustaining fees received.
Decision 96-07-24, s. 106
.
107
.
The starting fees for a special race are payable by the owners of the horses that are still declared at the closing time for declarations and are paid before the start of the race to the person designated in the conditions for participation, whether the horse starts or not.
Decision 96-07-24, s. 107
.
108
.
Failure to make any of the payments prescribed in the conditions for participation in a special race at the time fixed for payment constitutes a violation, and the horse is automatically scratched.
Subject to sections 102 and 103, the payments made are not refundable.
Decision 96-07-24, s. 108
.
109
.
An association must, on the day of a special race, the day before and the day after, make available to each horse participating in it a place in a stable at the race track where the race is being held.
Decision 96-07-24, s. 109
.
110
.
The conditions for participation in an early closing race or late closing race may provide that the association or the sponsor offering the advertised purse may cancel the race where less than 5 horses can participate in it, each entry being considered as only 1 horse.
Decision 96-07-24, s. 110
.
111
.
A stake or futurity race must be held where at least 1 horse can participate in it.
Where only 1 horse or 1 entry can participate in it, the race is a walkover.
Where no horse can participate in it, the race must be cancelled.
Decision 96-07-24, s. 111
.
112
.
Where a special race is held in divisions or elimination heats, the horses starting in each division or heat are determined by a drawing conducted by the race secretary.
Decision 96-07-24, s. 112
.
113
.
Where a stake or futurity race is held in divisions, the race secretary must ensure that all divisions are part of the same race program.
Decision 96-07-24, s. 113
.
114
.
Where no horse has been declared the winner after 3 heats in a two in three race, the winners of the 3 heats take part in a fourth heat.
Their respective post position for the fourth heat is determined according to their finish in the third heat.
Decision 96-07-24, s. 114
.
115
.
The order of the horses that finished in a dead heat in the first position of a two in three race, and the order of all the horses in a special race the conditions of participation of which provide for the use of the consolidated result are established as follows:
(
1
)
a horse that finished first in a heat is ranked better than a horse that finished second in 2 heats or more, and so on;
(
2
)
a horse that is the only horse to finish in a given rank in a heat is ranked better than a horse that finished in the same rank but in a dead heat in another heat.
Where there is still a dead heat, priority is given to the horse that is ranked better in a heat of the race with the longest course and if there is still a dead heat, to the horse that ran fastest for the same rank in one of the heats.
Where there is still a dead heat, the horses are considered to have finished the race in a dead heat.
Decision 96-07-24, s. 115
.
116
.
A horse scratched from a heat in a two in three race may not participate in a subsequent heat of the race.
Decision 96-07-24, s. 116
.
117
.
During a two in three race for 2 year old horses, a horse may be scratched from the race after the second heat; where, in such a case, only one horse remains, it is declared the winner of the race.
Decision 96-07-24, s. 117
.
118
.
Where 2 horses already the winners in one of the first two heats finish in a dead heat in the third heat in a two in three race for 2 year old horses, the race is finished and the horse that has the best consolidated result is declared the winner.
Where the consolidated result of each of the 2 horses is identical, they are both declared the winners.
Decision 96-07-24, s. 118
.
CHAPTER
VII
DECLARATIONS AND HOLDING OF RACES
DIVISION
I
DECLARATIONS AND DRAWING OF POST POSITIONS
119
.
The race secretary must, in the conditions for participation in a race, provide for the closing date and time for declarations of horses for the race.
At the request of the trainer or owner of a horse, or of the owner’s agent, the race secretary is authorized to declare the horse in a race with different conditions for participation, where the minimum number of declarations has not been reached or where the maximum number of declarations has been exceeded.
Decision 96-07-24, s. 119
.
120
.
An association must provide the participants with a locked declaration box having an opening through which they deposit their declaration form issued by the association.
The form must be signed by the owner of the horse, the owner’s agent or the trainer.
A declaraton may be made by mail, fax, telegram or telephone if the race secretary deposits in the declaration box a declaration form signed by the secretary indicating the name of the person who made the declaration by telephone and the name of the person who received the call, the name of the horse to be declared, the race in which the horse is declared and all the information indicated on the form.
Decision 96-07-24, s. 120
.
121
.
Only a declaration deposited in the box before the specified time of closing is accepted, unless deposit of the declaration was omitted due to error or the negligence of an official or employee of an association.
Decision 96-07-24, s. 121
.
122
.
The race secretary must verify the closing time for declaring horses in a race, which time must not be earlier than the 5th day preceding the date of the race and not later than noon of the day preceding the race, unless the conditions for participation in that race provide otherwise.
Decision 96-07-24, s. 122
.
123
.
The owner of a horse, the owner’s agent or the trainer may not declare a horse in more than 1 race which is to be held on the same day.
A horse may be declared in a race only if its owner, the owner’s agent or its trainer has filed the attestation referred to in section 33 with the race secretary unless the last start took place outside Québec. In that case, the horse’s owner, trainer or the owner’s agent must file the attestation referred to in section 33 with the race secretary at least 1 hour before the start of the race in which that horse is participating.
Decision 96-07-24, s. 123
.
124
.
The race secretary may open the declaration box prior to the time of closing to access its contents and fulfil his or her obligations. No person may disclose the names of the horses declared.
Decision 96-07-24, s. 124
.
125
.
At the time determined for the opening of declarations, the race secretary must:
(
1
)
verify the eligibility of the horses declared;
(
2
)
establish the preference of the horses;
(
3
)
choose the starting horses and the horses also eligible;
(
4
)
prepare a list of the horses declared, provide a copy of it to the racing judge and publish it.
Decision 96-07-24, s. 125
.
126
.
Notwithstanding section 76, a horse may start in a race provided that, 1 hour before post time of the first race of a race program with or without pari-mutuel betting, the racing judge has received the up-to-date eligibility certificate of the horse and proof that the owner, the trainer and the driver of the horse and the owner’s agent are, respectively, holders of an owner’s, a trainer’s, a driver’s and an agent’s licence.
Failure to comply with the first paragraph entails the scratching of the horse by the racing judge, except where that violation is due to superior force.
Decision 96-07-24, s. 126
.
127
.
The racing judge may require from the owner, the owner’s agent or the trainer of a horse declared in a race a declaration under oath to the effect that he is the owner, the owner’s agent or the trainer of the horse, as the case may be.
The racing judge may require that a document respecting a transaction involving the ownership of the horse accompany the declaration.
Failure to furnish such declaration or such document, upon the request of the racing judge, constitutes a violation for which the racing judge must order the scratching of a horse.
A horse that is scratched by the racing judge upon a person’s failure to make a declaration under oath or to provide such a document may not be declared in another race until its owner, the owner’s agent or its trainer has made the requisite declaration or filed the requisite document.
Decision 96-07-24, s. 127
.
128
.
Where a horse is scratched from a race pursuant to section 126 or 127, none of the fees paid for the horse to participate are refundable.
Decision 96-07-24, s. 128
.
129
.
An ineligible horse participating in a race must be disqualified by the racing judge.
Decision 96-07-24, s. 129
.
130
.
An owner or a lessee of a horse may not have it run under his or her name or under the name of his or her stable when carrying on activities under the name of a stable. The copy of the lease contract must be sent by the lessee to the board.
Decision 96-07-24, s. 130
.
131
.
Subject to section 71, the racing secretary must choose the horses starting in a regular race and the horses also eligible to start from among all the horses declared and eligible, giving preference to the horse whose last starting date, in a race with a purse held at the same gait, is the furthest from the date of the race in question, subject to the following considerations:
(
1
)
where a horse has already been chosen to start in a race that has not yet been held, the date of that race constitutes the preference date for the horse;
(
2
)
where the declaration period is extended, preference is first given to horses declared at the time of the initial closing of declarations;
(
3
)
where there is an entry, preference is first given to only 1 horse that is a part of that entry;
(
4
)
where 2 or more horses are trained by the same trainer, preference is first given to only 1 horse.
Where, to obtain the maximum number of horses that can start in a race according to the conditions for participation, the choice must be made from among horses with an identical preference date, the race secretary must refer, in making that choice, to their previous preference date. Where those horses have the same previous preference date, the race secretary must make the choice by a drawing.
For the purposes of this section, a horse that has been chosen to start in a race and was scratched from the race is deemed to have started in the race.
Decision 96-07-24, s. 131
.
132
.
The owner of a horse, the owner’s agent or the trainer who signs a declaration form for a horse must provide proof of the accuracy of the preference date of the horse where that date is the date of a race held by another association.
Decision 96-07-24, s. 132
.
133
.
In a regular race, at the drawing, 2 horses may be chosen as horses also eligible.
Decision 96-07-24, s. 133
.
134
.
A horse may not be called to start in a race as also eligible unless it was chosen as also eligible at the opening of the declarations.
Decision 96-07-24, s. 134
.
135
.
A horse may not be chosen by the race secretary as also eligible if the information respecting the horse that is to be printed in the program cannot be published in the program.
Decision 96-07-24, s. 135
.
136
.
A horse may not be excluded from a race simply because it was chosen as also eligible in another race in which it did not participate.
Decision 96-07-24, s. 136
.
137
.
As soon as an also eligible is called to start in the race for which it is also eligible, the race secretary must post the name of the horse in his or her office and immediately notify the racing judge, the owner of the horse, the owner’s agent or the trainer.
Decision 96-07-24, s. 137
.
138
.
The trainer of a horse also eligible is responsible for seeing that it starts in a pari-mutual betting race for which that horse is also eligible where he or she is notified before 10:00 a.m. on the day of the race by the race secretary that his or her horse is to start in the race.
Decision 96-07-24, s. 138
.
139
.
Where an also eligible starts in a race for which it is also eligible, it is scratched by the racing judge from any other subsequent race in which it was chosen to start unless the preference process established in section 131 allows it to do so.
Decision 96-07-24, s. 139
.
140
.
Where horses constituting an entry participate in a race with divisions or elimination heats, the race secretary must see that they start in different divisions or elimination heats insofar as possible; the race secretary must divide the horses among those divisions or heats by a drawing.
For the purposes of this section, horses trained by the same trainer are dealt with in the same manner as horses constituting an entry.
Decision 96-07-24, s. 140
.
141
.
Subject to sections 145, post positions are determined by a drawing conducted by the race secretary in the presence of 2 participants as witnesses.
The drawing of post positions for a regular race is final, subject to subparagraph 2 of the first paragraph of section 142.
Decision 96-07-24, s. 141
.
142
.
Where, during the drawing of post positions, there is an omission respecting a horse declared in a regular race, the horse may participate in it in one of the following positions:
(
1
)
where the maximum number of horses that may start under section 65 is not attained, at the last post position;
(
2
)
where the maximum number of horses that may start under section 65 is attained, at the post position of the horse it replaces by preference, under section 131.
Where the program has already been printed, the horse may not participate in the race.
Decision 96-07-24, s. 142
.
143
.
Where an omission related to a horse declared in a special race occurs during the drawing for post positions, the horse may participate in the race in one of the following positions:
(
1
)
if the maximum number of horses that may start in the race is not reached, in the last post position;
(
2
)
if the race is in divisions, the horse may participate in the division that has the least number of starters and, if there is more than one such division, in the division determined by drawing; as far as possible, the horse may not start in a division in which the horse would be part of an entry;
(
3
)
if the program for that race is printed, the horse may not be declared for pari-mutuel betting purposes.
Despite section 65 and the conditions of participation in a special race where the conditions provide the maximum number of horses that may start, a horse declared in that race and that was omitted in a drawing of post positions may participate in the race by taking the last post position. Where the race is held in divisions, the division is determined by drawing and, as far as possible, the horse may not participate in a division in which the horse would be part of an entry.
Decision 96-07-24, s. 143
.
144
.
On the starting line, the post positions for a race are situated by placing the horse having the first position in the 8-foot space nearest the inside hub rail of the racing strip, the horse having the second position in the 8-foot space immediately to the right of the first space, and so on until all the space in the front line is filled.
On the second line, the post positions are established as follows:
(
1
)
where only 1 horse starts on the second line, it may be placed anywhere on that line;
(
2
)
where there is more than 1 horse starting on the second line, a horse may be placed anywhere on that line as long as it is placed to the left of the position taken by the horse having a starting position subsequent to its own.
Decision 96-07-24, s. 144
.
145
.
The race secretary may provide in the conditions for participation in a handicap race that the post position of the horses for that race may be established otherwise than by a drawing; in such case, the race secretary must indicate in those conditions the manner in which the post position is established.
Decision 96-07-24, s. 145
.
146
.
Where a horse that is also eligible starts in a race, it takes the post position of the horse it replaces.
For a handicap race, the post position of that horse is established as follows:
(
1
)
where the horse’s handicap is the same as that of the horse it replaces, it takes the post position of the horse it replaces;
(
2
)
where the horse’s handicap is different from that of the horse it replaces, it takes a post position on the outside of the position of the horses declared at the same handicap as the horse’s handicap.
Decision 96-07-24, s. 146
.
147
.
Where there is more than one scratch for the same race, the replacement is made in the order in which the scratches are made.
Decision 96-07-24, s. 147
.
148
.
The conditions for participating in heat races may provide that the post positions for the final heat are not determined by drawing but according to the conditions provided therein.
Decision 96-07-24, s. 148
.
149
.
A horse duly declared in a race and called to start may be scratched only by the racing judge.
Decision 96-07-24, s. 149
.
150
.
The owner of a horse chosen to start in a race or chosen as a horse also eligible to run in that race may not sell it before the race is held.
Decision 96-07-24, s. 150
.
151
.
The association must establish in the conditions for participation the deadline by which the trainer of a horse must give the name of the driver who will drive the horse; where the trainer fails to do so, the association must appoint a driver. No one may be substituted for that driver without the permission of the racing judges.
Decision 96-07-24, s. 151
.
152
.
The racing judge may at any time order the replacement of a driver:
(
1
)
whom the judge considers unfit to drive;
(
2
)
who refuses to obey orders or instructions given to him or her;
(
3
)
where the judge considers it necessary for the orderly conduct of the races or for the protection of the public.
Decision 96-07-24, s. 152
.
DIVISION
II
POSTPONEMENT AND CANCELLATION OF RACES
153
.
The president of the racing judges must hold a meeting with the representative of the association and the representative of the participants to determine whether or not a race or a race program should be held when the racing judges are unable to adequately fulfill the obligations set out in section 7 of these Rules or when the protection or safety of persons or horses is compromised.
Where the decision of both representatives to hold the race or the race program is unanimous, the race or the race program must be held.
Where there is no unanimous decision, the racing judges must determine whether the race or the race program should be held.
Where a decision is taken not to hold a race or a race program, that race is cancelled or postponed in accordance with these Rules.
Decision 96-07-24, s. 153
;
Decision 2012-02-15, s. 4
.
154
.
A special race that cannot be held or that cannot be continued on the date or at the place advertised may be postponed to a date and place determined by the board; the precise time of the race is also determined by the board.
Decision 96-07-24, s. 154
.
155
.
Where the board decides that a special race cannot be postponed, it is cancelled if it could not be held, or declared finished if it could not be completed.
Decision 96-07-24, s. 155
.
DIVISION
III
SCRATCHING OF HORSES
156
.
Any of the following situations constitutes a violation for which the racing judge must order a horse to be scratched:
(
1
)
a horse is unfit to start in the race because of its state of health or physical condition;
(
2
)
a horse is involved in an incident before the race;
(
3
)
the attestation referred to in section 123, the certificate and proof referred to in section 126 are not provided to the racing judge within the required time, unless the failure to do so is due to superior force;
(
4
)
the owner or trainer of a horse declared in a race fails to provide a declaration under oath or a document respecting the ownership of a horse when so requested by the racing judge;
(
5
)
a horse participating in a race is likely to cause an accident or injure another horse or a driver;
(
6
)
a horse participating in a race is unmanageable;
(
7
)
the same horse causes a second recall in a single race, unless it broke its gait because its equipment broke, it was interfered with or it was the victim of an accident;
(
8
)
a horse declared in a race does not have a specific trainer;
(
9
)
a drug, a medication or a mixture containing sodium bicarbonate has been administered to a horse within 24 hours preceding the race in which the horse is to start;
(
10
)
the results of the analysis of the blood sample taken under section 259 and 261 are positive;
(
11
)
the trainer of the horse, the trainer’s representative or the owner of the horse refuses to submit the horse to the blood sampling procedure described in section 259 or 261;
(
12
)
the horse taking part in a race is not in the paddock within the time prescribed in section 158.
The racing judge may order that a horse be scratched where it does not fulfil the conditions for participation in the race in which it is declared.
The racing judge must ensure that the public is informed that a horse has been scratched by announcing it over the public address system provided by the association.
Decision 96-07-24, s. 156
.
157
.
Subject to sections 146 and 147, the gate positions following the scratching of a horse that was to take part in the race are established as follows:
(
1
)
where a horse that must start in a race in the first line is withdrawn, the withdrawal has no impact on the position of the horses that are to start in the second line;
(
2
)
where a horse is withdrawn from any of the start lines, the horses outside the post position of the horse withdrawn fill the gap by getting nearer to the inside of the racing strip.
Decision 96-07-24, s. 157
.
DIVISION
IV
ACCESS TO THE PADDOCK
158
.
The trainer must ensure that a horse participating in a race is brought to the paddock at least 2 hours before the post time of the race, unless exempted by the racing judge, and that the horse remains there until it is called onto the racing strip.
Decision 96-07-24, s. 158
.
159
.
The trainer must ensure that a horse participating in a pari-mutuel betting race of a race program, but that is not boarded at the race track where the race is held, is brought to the place assigned to it in the receiving stable of that race track at least 2 hours before the post time of the race in which it starts.
Decision 96-07-24, s. 159
.
DIVISION
V
EQUIPMENT
160
.
The trainer of a horse must not have it wear a piece of equipment protruding beyond the tip of its nose.
Decision 96-07-24, s. 160
.
DIVISION
VI
WARM-UPS AND STARTS
161
.
During the 90 minutes before the post time of the first pari-mutuel betting race of a race program and during the intervals between the races of that race program, only a trainer or a driver may drive a horse declared for that program on the racing strip.
Decision 96-07-24, s. 161
.
162
.
During the 90 minutes before the race in which a horse starts, the trainer of that horse must ensure that its last warm-up is done on the main racing strip.
Decision 96-07-24, s. 162
.
163
.
Where a horse chokes or suffers from epistaxis during a warm-up or a race, the driver or the trainer must notify the racing judge immediately after the warm-up or the race.
Decision 96-07-24, s. 163
.
164
.
Where the horses participating in a race enter the racing strip for the parade, any other person or horse not participating in the parade must immediately leave the strip.
Decision 96-07-24, s. 164
.
165
.
The horses participating in a race must enter the racing strip when called by the paddock judge for that race, unless the racing judge decide otherwise.
Decision 96-07-24, s. 165
.
166
.
Races are started using a starting gate.
Decision 96-07-24, s. 166
.
167
.
At the time fixed for the start, the starting judge assembles the horses and ensures that they take their respective post positions behind the starting gate.
Decision 96-07-24, s. 167
.
168
.
When the starting judge so orders, each driver must direct his or her horse towards the starting gate placed approximately a quarter of a mile before the starting line.
The starting judge causes the starting gate to move towards the starting line, gradually increasing its speed until the required speed is reached.
When the horses reach the starting line or the safety line, as the case may be, the starting judge gives the official signal for the start of the race.
Decision 96-07-24, s. 168
.
169
.
The horses must not be held behind the starting gate for more than 2 minutes from the time when the starting judge assembles the horses in accordance with section 167, unless the racing judge allows it owing to superior force.
Decision 96-07-24, s. 169
.
170
.
During a start, the starting judge may at no time reduce the speed of the vehicle except where the starting judge decides that another start must be made.
Decision 96-07-24, s. 170
.
171
.
Where it is expedient to restart a race, the starting judge notifies the drivers.
The starting judge must ensure that the starting gate remains open in order to help in slowing the horses.
The drivers must immediately resume their respective positions behind the starting gate in order to restart.
Decision 96-07-24, s. 171
.
172
.
Before giving the official signal for the start of the race, the starting judge must order a recall where:
(
1
)
a horse scores ahead of the starting gate;
(
2
)
there is interference from a horse or a driver;
(
3
)
a horse’s equipment breaks;
(
4
)
a horse falls;
(
5
)
a situation of superior force exists.
Decision 96-07-24, s. 172
.
173
.
As soon as the starting judge gives the official signal for the start of a race, a recall may not be ordered and the horses are then deemed to have started in the race; they must run the length of the race except where a horse is justified in stopping because of an accident, interference or broken equipment.
Where equipment breaks, the driver of the horse must have it checked by the paddock judge as soon as the race is finished.
Decision 96-07-24, s. 173
.
174
.
Where an accident occurs on the racing strip, the racing judge decides when the following race should be held.
Decision 96-07-24, s. 174
.
175
.
Where a recall should have been ordered by the starting judge but was not, the racing judges must:
(
1
)
immediately cause the word “Inquiry” to appear on the display board;
(
2
)
ensure that the public is informed over the public address system;
(
3
)
decide whether a horse made a proper start.
Decision 96-07-24, s. 175
.
176
.
Where a recall should have been ordered by the starting judge but was not, the racing judge may set a horse back if it scored ahead of the starting gate.
Decision 96-07-24, s. 176
.
DIVISION
VII
CONDUCT DURING A RACE
177
.
A trainer may not cause a horse he trains to start in a race where:
(
1
)
the horse is subject, under section 253, to the taking of an official sample which when analyzed might show the presence of a drug, or where a prohibited substance has been administered to the horse;
(
2
)
the horse is in no condition to provide its normal performance in relation to the time standard concerning its capacity to run a certain distance.
Decision 96-07-24, s. 177
.
178
.
During the 90 minutes preceding the first race of a race program and until the end of the last race of that program, as well as during any race, a trainer or driver who rides in a sulky to train or drive a horse at a race must:
(
1
)
keep his or her feet in the stirrups;
(
2
)
wear a safety helmet complying with the Snell Memorial Foundation standard on protective headgear for harness racing and other equestrian sports (2000 Standard for Protective Headgear) and must fasten the chin strap.
Decision 96-07-24, s. 178
.
179
.
During the 90 minutes before the first pari-mutuel betting race of a race program and until 15 minutes after the end of the last race of that program, only one person, either a trainer or a driver, must ride in the sulky of a horse that is on the racing strip.
Decision 96-07-24, s. 179
.
180
.
During the 90 minutes before the first pari-mutuel betting race of a race program and during the entire race program, a driver or trainer must wear distinctive colours for the warm-up of his or her horse on the racing strip before a race, during the parade and the race.
Where a trainer or driver wears a rain suit, it must be in his or her distinctive colours or made of a transparent material through which the colours may be clearly distinguished.
Decision 96-07-24, s. 180
.
181
.
During the 90 minutes before the first pari-mutuel betting race of a race program and until 15 minutes after the end of the last race of that program, no person may smoke on the racing strip.
Decision 96-07-24, s. 181
.
182
.
During a race, each driver must:
(
1
)
drive so that his or her horse races at its full capacity;
(
2
)
drive so as not to trouble the proper conduct of the race;
(
3
)
not drive in an unsatisfactory manner.
Decision 96-07-24, s. 182
.
183
.
A driver or a trainer must:
(
1
)
participate in the parade, unless exempted by the racing judge;
(
2
)
not delay the parade;
(
3
)
obey the orders of the starting judge;
(
4
)
not delay the start of the race.
Decision 96-07-24, s. 183
.
184
.
Before the official start of the race is given, a driver must:
(
1
)
bring his or her horse into position behind the starting gate;
(
2
)
place his or her horse behind the starting gate in its assigned position;
(
3
)
maintain his or her horse in position behind the starting gate;
(
4
)
prevent his or her horse from scoring ahead of the starting gate;
(
5
)
drive his or her horse so as to prevent it from changing position before reaching the starting line;
(
6
)
avoid hindering another driver or another horse behind the starting gate.
Decision 96-07-24, s. 184
.
185
.
During a race, a driver must not interfere with another driver or horse.
A driver interferes where he or she drives in such a way as to:
(
1
)
compel a horse to change its stride;
(
2
)
compel a horse to break its gait;
(
3
)
compel another driver to pull his or her horse out of position;
(
4
)
compel another driver to hold his or her horse back;
(
5
)
compel another driver to break his or her horse’s gait;
(
6
)
compel another driver to change his or her horse’s stride;
(
7
)
push another horse toward the outside of the racing strip;
(
8
)
push another horse toward the inside of a racing strip that does not have a continuous hub rail so that a wheel of that horse’s sulky leaves the strip or comes in contact with a post in that rail;
(
9
)
cross over recklessly in front of another horse or the field;
(
10
)
cause confusion among the horses trailing him or her.
Decision 96-07-24, s. 185
.
186
.
During a race, a driver must not hinder another horse:
(
1
)
by placing the wheel of his or her sulky too close to the horse;
(
2
)
by maintaining an outside position without making the necessary effort to improve his or her position by one or more places.
Decision 96-07-24, s. 186
.
187
.
During a race, a driver must not drive in such a manner as to:
(
1
)
cause his or her sulky to touch another sulky;
(
2
)
prevent a horse from gaining a position;
(
3
)
maintain an outside position without making the necessary effort to improve his or her position;
(
4
)
allow another horse to pass needlessly on the inside;
(
5
)
leave an opening for another horse where he or she should not do so;
(
6
)
help another horse to improve its position;
(
7
)
cause his or her horse to race at its full capacity only when challenged to do so;
(
8
)
cause his or her horse to break its gait;
(
9
)
cause a wheel of his or her sulky to leave a racing strip that does not have a continuous hub rail.
Decision 96-07-24, s. 187
.
188
.
During a race, a driver must not drive in a manner that is:
(
1
)
careless;
(
2
)
reckless;
(
3
)
abusive.
Decision 96-07-24, s. 188
.
189
.
A driver must not drive in a manner that is not constant.
Decision 96-07-24, s. 189
.
190
.
During a race, a driver must not maintain his or her horse at such a distance from the hub rail on the inside of the racing strip as to force another horse to push further to the outside than he or she would need to if his or her horse were in position near the rail.
Decision 96-07-24, s. 190
.
191
.
Where a racing strip is widened in the last straight section before the finish line, the following rules apply:
(
1
)
the wheel of a sulky is deemed to have left the racing strip where it goes over into the widened space at any time other than during the last straight section of a race;
(
2
)
a driver is deemed to be interfering where he or she prevents another horse from passing him or her on the inside during the last straight section of a race.
Decision 96-07-24, s. 191
.
192
.
During a race, and considering the weather, the condition of the racing strip and the circumstances of the race, a driver must drive so that his or her horse keeps a pace that does not hinder another horse and that corresponds to the class of horses in which his or her horse is participating.
Where a race proceeds too slowly in comparison with the class of the participating horses for that race, a driver must drive his or her horse so as to improve the pace of the race, where he or she is not driving the leader.
Decision 96-07-24, s. 192
.
193
.
A driver must drive the horse he or she agreed to drive unless he or she is exempted by the racing judge.
Decision 96-07-24, s. 193
.
194
.
A driver, trainer or groom may not stimulate his or her horse with an object other than a whip of which the butt end is a maximum length of 48 in and a snapper measuring between 6 in and 12 in long.
The whip must not be made of leather and its snapper must not have been altered or knotted.
Decision 96-07-24, s. 194
;
2021-07-29
Decision 2021-07-29
,
s.
1
1
1
.
195
.
A driver, trainer or groom may not make excessive use of a whip at a race track.
He or she may also not use a whip in any of the following ways:
(
1
)
by touching the horse with the butt end of the whip;
(
2
)
by placing the whip under the arch of the sulky;
(
3
)
by placing the whip between the legs of the horse.
He or she may use a whip to stimulate the horse only by making a wrist movement. In addition, the movement of the whip may be made only between the shafts of the sulky.
Decision 96-07-24, s. 195
;
2021-07-29
Decision 2021-07-29
,
s.
2
1
.
195.1
.
A driver, trainer or groom must not use a whip in any of the following situations:
(
a
)
the horse is not responding to the stimulation of the whip;
(
b
)
the horse can no longer improve its position in the race;
(
c
)
the horse is not maintaining or improving its position in the race;
(
d
)
the horse is winning;
(
e
)
the horse has passed the finishing post at the end of the race;
(
f
)
so as to cut the horse or leave marks on it.
2021-07-29
Decision 2021-07-29
,
s.
3
1
.
196
.
A driver, trainer or groom may not kick a horse.
Decision 96-07-24, s. 196
.
197
.
During a race, a driver must not use his or her whip:
(
1
)
below the level of the shafts of the sulky;
(
2
)
on the wheel discs of a sulky.
Decision 96-07-24, s. 197
;
2021-07-29
Decision 2021-07-29
,
s.
4
1
.
198
.
A driver may not strike another driver or another horse with his or her whip.
Decision 96-07-24, s. 198
;
2021-07-29
Decision 2021-07-29
,
s.
5
1
.
199
.
The driver must, during a race, keep a hand in each handhold of the reins, except to adjust equipment.
The driver must not snap his or her reins during a race.
Decision 96-07-24, s. 199
;
2021-07-29
Decision 2021-07-29
,
s.
6
1
1
.
200
.
As soon as a horse breaks its gait, the driver must:
(
1
)
direct it toward the outside of the strip;
(
2
)
attempt to put the horse back in its gait;
(
3
)
drop back from the field during the horse’s break in gait.
Where a driver does not comply with the first paragraph, his or her horse may be set back by 1 or more positions by the racing judge.
Decision 96-07-24, s. 200
.
201
.
Following an interference, a collision or a break in gait that hinders another horse or following a violation of section 187, the racing judge may set back the horse responsible by 1 or more positions; in such a case, the horse may be set back behind all the horses affected by the interference, the collision, the break in gait or the violation.
Where the interference, the collision, the break in gait or the violation prevents a horse from finishing the race, the racing judge must disqualify the horse responsible.
Where a horse finishing in a dead heat with another horse is affected by an interference, a collision, a break in gait or a violation of section 186, the racing judge may set the horse responsible back behind all the horses that finished in the dead heat.
Where, during a race, a wheel of a horse’s sulky leaves a racing strip that does not have a continuous hub rail, the racing judge must disqualify that horse, unless the horse left the racing strip following an interference, a collision or an interference or a collision of which the horse was a victim. The racing judge determines the position order of the horses.
For the purposes of the fourth paragraph, a horse is deemed to have left the racing strip where the wheel of the sulky crosses the imaginary line between 2 posts in a non-continuous hub rail.
Decision 96-07-24, s. 201
.
202
.
Where a horse set back or disqualified under section 201 is part of an entry, all the horses of that entry may be set back or disqualified by the racing judge if the interference, the collision, the break in gait or the violation of section 187 favours them.
Decision 96-07-24, s. 202
.
203
.
A horse whose driver is not riding in the sulky when it crosses the finish line is deemed not to have finished the race.
Decision 96-07-24, s. 203
.
204
.
Where, at the finish line, the nose of a horse having maintained its gait laps the hindquarters of a horse having broken its gait, the latter is placed behind the horse that lapped it, except if the break in gait is caused by an interference.
Decision 96-07-24, s. 204
.
205
.
At the end of a race, the driver must remain in the sulky, take his or her horse to the place determined by the racing judge and lead it off the racing strip, unless instructed otherwise by the racing judge.
Decision 96-07-24, s. 205
.
206
.
The winning horse of a race is the one whose nose reaches the finish line first; where there is a dead heat in the first position, all the horses in a dead heat are declared winners.
Decision 96-07-24, s. 206
.
207
.
The official result of a race is that posted on the display board upon the instructions of the racing judge, regardless of any changes that the racing judge may subsequently make.
The horse declared the winner in the official result is credited with the victory on its eligibility certificate even if it is subsequently set back or disqualified.
Decision 96-07-24, s. 207
.
208
.
Where a maiden horse is declared the winner of a race with a purse and is subsequently disqualified or set back, it keeps its status as a maiden horse at the gait of that race.
Decision 96-07-24, s. 208
.
209
.
Where a maiden horse is declared the winner of a race with a purse following a change in the position order after the official result, it keeps its status as a maiden horse at the gait of that race.
Decision 96-07-24, s. 209
.
CHAPTER
VIII
ALCOHOL
DIVISION
I
ALCOHOL
210
.
A racing official, driver, trainer or groom may not be under the influence of alcohol while performing his or her duties or occupations.
For the purposes of this Division, the expression “racing official” means a person who exercises any of the duties described in Chapter II, a person who drives a starting gate vehicle and a test inspector.
Decision 96-07-24, s. 210
.
211
.
The president of the racing judges or an inspector from the board may, at each race program, test a sample of persons for their blood alcohol level from among those performing the duties of racing officials or the occupations of driver, trainer or groom.
Decision 96-07-24, s. 211
.
212
.
Any racing official, driver, trainer or groom chosen to be tested for his or her blood alcohol level must immediately provide to the person designated by the board a breath sample for the performance of the test.
Decision 96-07-24, s. 212
.
213
.
A racing official or a driver is deemed to be under the influence of alcohol where the results of the test on the breath sample that he or she has provided show that he or she has consumed alcohol in a quantity that raises the concentration in his or her blood to more than 30 mg per 100 ml of blood.
A trainer or a groom is deemed to be under the influence of alcohol where the results of the test on the breath sample that he or she has provided show that he or she has consumed alcohol in a quantity that raises the concentration in his or her blood to more than 50 mg per 100 ml of blood.
Decision 96-07-24, s. 213
.
214
.
Any racing official, driver, trainer or groom who fails or refuses to provide a breath sample or who provides a breath sample which when tested shows that he or she has consumed alcohol in a quantity in excess of the quantities prescribed in section 213, as the case may be, may no longer continue to perform his or her duties or occupations for the duration of the race program.
Decision 96-07-24, s. 214
.
215
.
Where a breath sample has been taken from a racing official, driver, trainer or groom under section 212, evidence of the result of the test is, in the absence of any evidence to the contrary, proof of the blood alcohol level of the person who provided the sample, and that level is the result of the test.
Decision 96-07-24, s. 215
.
216
.
The certificate of the person designated by the board stating that he or she has tested a breath sample provided by a person chosen to be tested for his or her blood alcohol level and indicating the results of the test is proof of the facts alleged therein without it being necessary to prove the signature or the official capacity of the signatory, provided that the certificate of that person includes:
(
1
)
the name of the person who provided the sample;
(
2
)
the place where the sample was taken and the date and time at which it was taken;
(
3
)
an attestation to the effect that the test of the breath sample was made with a device operated by him or her;
(
4
)
the results of the test.
Decision 96-07-24, s. 216
;
Decision 2002-06-12, s. 1
.
DIVISION
II
DRUGS
217
.
For the purposes of this Division, the word “drugs” means cannabis, cocaine, heroin, their preparations, derivatives and similar synthetic preparations.
Decision 96-07-24, s. 217
.
218
.
A racing official, driver, trainer or groom may not use drugs.
Decision 96-07-24, s. 218
.
219
.
An inspector from the board may test a sample of persons for drugs from among those performing the duties of racing judge, paddock judge, starting judge, patrol judge or occupations of driver, trainer or groom.
Decision 96-07-24, s. 219
.
220
.
Any person referred to in section 219 and chosen for drug testing must, in the presence of or under the supervision of an employee of the board, immediately provides a urine sample for the performance of a drug test to determine whether he or she has used drugs.
Any person who fails or refuses to provide a urine sample may no longer continue to perform his or her duties or occupations until he or she provides the sample referred to in the first paragraph.
Decision 96-07-24, s. 220
.
221
.
A person is deemed to have used drugs where the results of the test on the urine sample that he or she has provided show that he or she has consumed drugs.
Decision 96-07-24, s. 221
.
222
.
Where a urine sample has been taken from a person under section 220, evidence of positive results of the test is, in the absence of any evidence to the contrary, proof that the person who provided the sample has used drugs.
Decision 96-07-24, s. 222
.
223
.
The certificate of a laboratory chosen by the board stating that it has tested a urine sample provided by a person referred to in section 219 and indicating the results of the test is proof of the facts alleged therein without it being necessary to prove the signature or the official capacity of the signatory, provided that the certificate is signed by a chemist who is a member of the Ordre des chimistes du Québec in the employ of that laboratory.
Decision 96-07-24, s. 223
.
224
.
Where a person referred to in section 219 has obtained positive results for a test on a urine sample, that person may be designated to undergo another drug test at any time within 24 months following that positive result.
Decision 96-07-24, s. 224
.
CHAPTER
IX
PURSES
225
.
A purse is offered for every race with pari-mutuel betting or for every heat in such a race, where applicable, and is awarded in accordance with these Rules according to the finishing order of the horses in the final position.
Decision 96-07-24, s. 225
.
226
.
The purse offered for a race or for a heat in a race is divided into 5 portions, 50% for the first, 25% for the second, 12% for the third, 8% for the fourth and 5% for the fifth, out of the total amount of the purse, unless otherwise provided in the conditions for participation in the race and subject to the special provisions of these Rules.
No part of the purse may be reserved by the association or sponsor offering it for the winner of a race in addition to the portion that the winner receives in accordance with the first paragraph, except in the case of a two in three race.
Decision 96-07-24, s. 226
.
227
.
Subject to section 229, where the number of horses that finish a regular race is less than the number of portions of the purse, the portions of the purse that cannot be awarded are given to the owner of the horse that won the race.
Decision 96-07-24, s. 227
.
228
.
Subject to sections 229, 238 and 239, where the number of horses that finish a special race is less than the number of portions of the purse, the portions of the purse that cannot be awarded are equally divided among the owners of all the horses that participated in the race; where all the horses participating in a special race are part of a single entry or where there is only one horse, the race must still be held in order for this rule to apply.
Decision 96-07-24, s. 228
.
229
.
Where a horse does not finish a race, its owner is entitled to no portion of the purse. Where a horse does not finish a race due to an accident or an interference that it did not cause, its owner is entitled only to the portions of the purse not awarded; if there is more than one, the balance of the portions of the purse is awarded to them in equal shares.
Decision 96-07-24, s. 229
.
230
.
Where 2 or more horses finish a race in a dead heat, their owners equally share the sum of the portions of the purse to which each horse would have been entitled if they had finished the race in successive positions.
Decision 96-07-24, s. 230
.
231
.
Where a purse is offered for a race, it is paid in full to those who are entitled thereto.
Decision 96-07-24, s. 231
.
232
.
No person may make an arrangement to equally share a purse among the owners of the horses participating in a race.
Decision 96-07-24, s. 232
.
233
.
An association or sponsor may not increase the amount of the purse offered for a race after the race has been held, except to correct a printing error in the program.
Decision 96-07-24, s. 233
.
234
.
The awarding of an amount to the owner of a horse by way of a bonus or prize that does not derive from a contract between an association and a group of participants or that is not provided for in the conditions for participation in a special race may not be considered as winnings for the horse in question and may not be compiled in the statistics respecting its winnings.
Decision 96-07-24, s. 234
.
235
.
Where a horse is set back or disqualified, its owner is deprived of the portion of the purse which the horse had won; the finishing order of the horses is changed and the purse is distributed in accordance with the new positions.
Decision 96-07-24, s. 235
.
236
.
Where a horse is disqualified due to error, negligence or fraud attributable to the race secretary or an association, the association must refund to the owner of the horse an amount equivalent to the portion of the purse he or she was deprived of; that amount is not compiled in the statistics respecting the horse’s winnings.
Decision 96-07-24, s. 236
.
237
.
In a race for which the purse is awarded based on the consolidated results, a horse must participate in all the heats of the race in order for its owner to earn a portion of the purse.
Decision 96-07-24, s. 237
.
238
.
During a two in three race, an amount of 10% of the purse is attributed to the owner of the horse that is declared the winner.
The rest of the purse is divided equally among the first 2 or 3 heats, as the case may be, unless the conditions for participating in that race provide otherwise.
Where it is necessary to have a fourth heat for a horse to be declared the winner of the race, the purse for that fourth heat is 10% of the amount reserved for the owner of the horse that is declared the winner in the race and it is taken from that amount.
Decision 96-07-24, s. 238
.
239
.
Where, during a two in three race, horses finished first in a dead heat, after applying section 115, the owners share equally the amount of 10% of the purse reserved for the horse that is declared the winner.
Decision 96-07-24, s. 239
.
240
.
The purse of a special race is made of an advertised purse, nomination fees and any sustaining fees, starting fees and amounts paid by the association.
Decision 96-07-24, s. 240
.
241
.
Unless the conditions for participation provide otherwise, where a special race is held in divisions, the sponsor increases the amount of the advertised purse so that each division will have an advertised purse equal to at least 75% of the original advertised purse; the nomination and sustaining fees are equally divided among the divisions and the starting fees are divided among the divisions in proportion to the number of starters in each division.
Decision 96-07-24, s. 241
.
242
.
Where a special race is held as a race with elimination heats, the conditions for participation must prescribe the percentage of the division of the purse.
Decision 96-07-24, s. 242
.
243
.
Unless the conditions for participation in a special race provide otherwise, where a special race is cancelled or declared finished, the amount of the nomination fees and any sustaining and starting fees not awarded are equally divided among the owners of the horses that would have started in the race that was cancelled or in the cancelled heats of a race that was declared finished.
Where a stake or futurity race is cancelled under section 111, the nomination and sustaining fees are equally divided among the owners of the horses still in nomination after the last payment of sustaining fees, if any.
The amounts thus divided are not compiled in the winnings of those horses.
Decision 96-07-24, s. 243
.
244
.
Where the awarding of a purse or a portion of a purse may, as a result of an objection, a complaint, a protest or an appeal, be changed because of the decision to be made by the racing judge or the board, the association or sponsor that offered the purse must, where the racing judge or the board so requests, delay the awarding until it receives the authorization from the racing judge or the board.
Where the decision entails a change in the position of the horses in the finishing order of the race, the awarding must be based on the changed order.
Where the awarding was done before such a decision was rendered, the amount awarded must be recovered and awarded to those entitled to it.
Decision 96-07-24, s. 244
.
245
.
An association or sponsor may not give a purse or a portion of a purse to the person entitled thereto before the test results of the official samples taken from the horses participating in the race have been sent to the racing judge.
Decision 96-07-24, s. 245
.
CHAPTER
X
TIMES AND RECORDS
246
.
The official time of a race for each horse must be measured to the nearest fifth of a second and recorded in the log book referred to in these Rules.
The official time of a race must be measured with an electronic timer or, failing that, with a stopwatch.
Decision 96-07-24, s. 246
.
247
.
The time of a race is measured from the time when the nose of the first horse crosses the starting line to the time when the nose of the first horse crosses the finish line.
Decision 96-07-24, s. 247
.
248
.
The running time of the winning horse is announced to the public as soon as the racing judge decides the official result and the time is declared official.
Decision 96-07-24, s. 248
.
249
.
Where the running time of a race or the log book in which it is recorded are tampered with, the time of the race may not be declared official.
Decision 96-07-24, s. 249
.
250
.
A winning horse may not be credited with the running time of its race where:
(
1
)
the test results of an official sample taken from the horse are positive;
(
2
)
the horse is set back or disqualified as a result of a decision by the racing judge or the board.
Decision 96-07-24, s. 250
.
251
.
A horse may not be credited with the running time of a winning horse as a result of the setting back or disqualification of the presumed winner, unless the latter was set back as a result of a break in gait at the finish line while the horse in question lapped the hindquarter of the presumed winner.
Decision 96-07-24, s. 251
.
CHAPTER
XI
PROHIBITED SUBSTANCES AND TESTS
252
.
Part V of the Pari-Mutuel Betting Supervision Regulations (SOR/91-365) applies to Standardbred horse racing.
Decision 96-07-24, s. 252
.
253
.
An official sample may be taken, where the racing judge so requests, from a horse declared in a race:
(
1
)
after it has participated in the race;
(
2
)
within 2 hours before the starting time of the race in which it is to participate.
Decision 96-07-24, s. 253
.
254
.
Where the racing judge requested an official sample taken from a horse declared in a race, the racing judge disqualifies the horse in any of the following cases:
(
1
)
where an official sample could not be taken from that horse after the race;
(
2
)
where the test results of an official sample are positive;
(
3
)
where there was an exchange or a substitution of an official sample.
Decision 96-07-24, s. 254
.
255
.
Where under paragraph 2 of section 253, an official sample could not be taken from a horse, the racing judge must refuse to allow the horse to participate in the race.
Decision 96-07-24, s. 255
.
256
.
A horse that is disqualified in accordance with section 254 may not participate or be declared in a race before the expiry of 30 days from the date on which it is disqualified.
Decision 96-07-24, s. 256
.
257
.
The certificate of a positive test result completed by an official chemist under Part V of the Pari-Mutuel Betting Supervision Regulations (SOR/91-365) respecting an official sample taken from a horse constitutes evidence, in the absence of any evidence to the contrary, that a drug prohibited by the Regulations has been administered to that horse.
Decision 96-07-24, s. 257
.
258
.
No person who organizes, holds or participates in an activity subject to the Act may have in his or her possession at a racetrack an injectable substance, a syringe, a hypodermic needle or other device that could be used to inject or in any way introduce a drug or other substance into a horse, unless the person is a veterinarian.
No licence holder may prepare a mixture containing sodium bicarbonate or cause such mixture to be absorbed by a horse within 24 hours preceding a race in which the horse is to participate.
No person may inject a horse with a drug or medication or in any way administer a drug or medication to a horse within 24 hours preceding a race in which the horse is to start.
Within 2 hours preceding the start of the first race with or without pari-mutuel betting of a race program and during such program, no licence holder may administer to a horse in the paddock a substance other than the water provided by the association.
Decision 96-07-24, s. 258
.
259
.
During the 2-hour period preceding the time at which a horse is to start in a race, the person authorized by the board pursuant to section 90 of the Act may take blood samples for analysis purposes. The person must:
(
1
)
indicate the tattoo number of the horse, the date and the number of the race on the container used for collecting the sample;
(
2
)
indicate on the back of the analysis record, in addition to the person’s signature, the tattoo number of the horse and the date, time and place of the sampling.
Decision 96-07-24, s. 259
.
260
.
Subject to section 267, blood analysis results are positive if the blood analysis of the 3 following criteria reveal that:
(
1
)
the hydrogene potential (pH) in the blood exceeds 7.43;
(
2
)
the bicarbonate (HCO
3
) concentration is greater than 38 millimoles per litre of blood;
(
3
)
the sodium (Na) concentration is greater than 147 millimoles per litre of blood.
Decision 96-07-24, s. 260
.
261
.
Where the results of the first blood sample are positive, a second sample must be taken.
Decision 96-07-24, s. 261
.
262
.
Where the results of the second analysis of the horse’s blood are positive, the person authorized by the board must:
(
1
)
so inform the racing judge;
(
2
)
indicate the tattoo number of the horse, the date and the number of the race on the container used for collecting the sample;
(
3
)
indicate on the back of the analysis record, in addition to the person’s signature, the tattoo number of the horse and the date, time and place of the sampling.
Decision 96-07-24, s. 262
.
263
.
The analysis records for the first and second blood samples and the information indicated on the back of the records by a person authorized by the board is evidence until proof to the contrary of the concentration of bicarbonate and sodium and the hydrogen potential (pH) in a horse’s blood and the identity of the horse without it being necessary to prove the signature or the official capacity of the signatory.
Decision 96-07-24, s. 263
.
264
.
Where the analysis results are positive, a horse’s trainer, a trainer’s representative or a horse’s owner who feels that the analysis results are physiologically normal due to a physiological trait specific to the horse must establish that those results are in fact normal during isolation of the horse pursuant to section 267.
Decision 96-07-24, s. 264
.
265
.
The isolation of a horse is for a period of at most 72 hours during which the hydrogen potential (pH) and the concentration of bicarbonate (HCO
3
) and sodium (Na) are measured.
Decision 96-07-24, s. 265
.
266
.
A horse may not be declared in or participate in a race while in isolation.
Decision 96-07-24, s. 266
.
267
.
Where the analyses done on a horse placed in isolation show that, due to a physiological trait specific to that horse, the hydrogen potential (pH), the concentration of bicarbonate (HCO
3
) or sodium (Na) observed is physiologically normal for the horse, the board must determine new criteria for the horse for the purposes of section 260.
Decision 96-07-24, s. 267
.
268
.
The methodology used in the analyses done on a horse in isolation must meet the criteria for analytical precision established by the International Federation of Clinical Chemistry and Laboratory Medicine and the American Association for Clinical Chemistry.
Decision 96-07-24, s. 268
.
CHAPTER
XII
OBJECTIONS, COMPLAINTS AND PROTESTS
269
.
A driver who wishes to make an objection must do so as soon as the race in question is finished.
Decision 96-07-24, s. 269
.
270
.
A driver notifies the starting judge of his or her intention to make an objection.
The driver then makes his or her objection to the racing judge by means of the communications system located in the paddock or, failing such a system, by going immediately to the racing judge’s stand.
Decision 96-07-24, s. 270
.
271
.
Where more than one objection is submitted to the racing judge in the same race, the racing judge rules on each objection beginning with the one involving the last incident to occur before the finish line and so on until the first incident after the starting line.
Decision 96-07-24, s. 271
.
272
.
Where an objection is submitted to the racing judge or where the racing judge has the word “Inquiry” displayed on the display board, the racing judge must, as soon as possible, hold a summary inquiry in order to determine the official order of the race.
Decision 96-07-24, s. 272
.
273
.
Where there is an incident or an accident or a driver is injured during a race, the racing judge must immediately have the word “Inquiry” displayed on the display board.
Decision 96-07-24, s. 273
.
274
.
Where the racing judge ascertains that a violation of these Rules was committed during a race or where the racing judge has been so informed by another racing official, the racing judge must immediately have the word “Inquiry” displayed on the display board.
Decision 96-07-24, s. 274
.
275
.
The racing judge must, as soon as possible, hold a summary inquiry in cases where the rules provide that the racing judge:
(
1
)
may rule that a horse declared in a race may not participate in that race;
(
2
)
may rule that a driver may not drive in a race or may replace a driver in a race.
Decision 96-07-24, s. 275
.
276
.
Where a driver or a horse that is to participate in a race is replaced or withdrawn after the printing of the program, the racing judge must announce it over the public address system.
Decision 96-07-24, s. 276
.
277
.
Where these Rules provide that an application for permission, authorization or approval must be made to the racing judge, the racing judge must immediately rule on the application without holding an inquiry.
Decision 96-07-24, s. 277
.
278
.
The racing judge may, for the purposes of a summary inquiry:
(
1
)
allow the parties to present their point of view;
(
2
)
where possible, look at the video recording of the race;
(
3
)
contact the racing officials who may be aware of the incident or accident and obtain their version of the facts;
(
4
)
take any other measure that could help the racing judge make a ruling.
Decision 96-07-24, s. 278
.
279
.
The owner, the owner’s agent, the trainer or the driver of one of the horses participating in a race may make a complaint concerning the race.
It must be brought before the racing judge before one of the following mandatory deadlines:
(
1
)
for a regular race, within 72 hours after the end of the race;
(
2
)
for a special race, within 7 days after the end of the race.
A complaint concerning fraud may be forwarded at any time.
Decision 96-07-24, s. 279
.
280
.
Where the racing judge has not ruled on a complaint before a race is held, the horse in question may start, subject to the ruling of the racing judge respecting the complaint.
Decision 96-07-24, s. 280
.
281
.
A ruling respecting a complaint made after the official result of the race has been posted on the display board does not affect the distribution of the pari-mutuel winnings.
Decision 96-07-24, s. 281
.
282
.
Where at the end of a race meeting it is not possible to bring a complaint before the racing judge, the complaint may be sent to the board before the deadlines prescribed in section 279.
Decision 96-07-24, s. 282
.
283
.
Any interested person who is aware of a violation of these Rules must immediately report it to the racing judge on duty at the race track where the violation was committed.
Where the violation reported involves a racing official or an association, it must be made in writing and sent to the board.
Decision 96-07-24, s. 283
.
284
.
Where a complaint or protest has been duly made, it may not be withdrawn without the permission of the racing judge or of the board.
Decision 96-07-24, s. 284
.
CHAPTER
XIII
VIOLATIONS AND ADMINISTRATIVE MEASURES
285
.
Failure to comply with any of the provisions of section 6, the second paragraph of section 14, the first or second paragraph of section 16, sections 18 to 31, 33, 34 to 56, the third paragraph of section 57, sections 58, 60, 62 to 64, 66, the first, second, fourth or fifth paragraph of section 67, sections 70, 82, 87 to 89, 93, the second paragraph of section 102, sections 106, 107, 109, 112, 113, 119, 120, 122 to 125, 130, 138, 149, 150, 158, 159, 160 to 164, the first paragraph of section 168, the third paragraph of section 171, the first paragraph of section 173, paragraph 2 of section 177, sections 178 to 190, 192 to 200, 205, 210, 212 to 214, 218, 220, 224, the second paragraph of section 226, sections 232, 233, 245 or 283 constitutes a violation, and such violation entails one or more of the following administrative measures:
(
1
)
a reprimand;
(
2
)
suspension for a given period of time, of all or some of the privileges attached to a holder’s licence;
(
3
)
revocation of a holder’s licence, in which case a period of time not exceeding 5 years must be determined during which the holder may not apply for the issue of that type of licence;
(
4
)
denial of access to any race track or any area in any race track, for a period not exceeding 5 years;
(
5
)
a fine of not less than $50 and not more than $3,000 for each day the violation continues.
Decision 96-07-24, s. 285
.
286
.
Every licence holder commits a violation where, through his or her acts or failure to act, the licence holder aids another person in violating any of the provisions of section 258.
Decision 96-07-24, s. 286
.
287
.
Every violation of any of the provisions of paragraph 1 of section 177 or sections 258 and 286 entails both of the following administrative measures:
(
1
)
suspension of all or some of the privileges attached to a holder’s licence for a period of not less than 30 days or, where the licence would expire during such period, revocation of the holder’s licence. The licence holder may not apply for the issue of that type of licence before the expiry of the suspension period, which may not exceed 5 years;
(
2
)
denial of access to any race track or any area in any race track, for a period not exceeding 5 years.
Decision 96-07-24, s. 287
.
288
.
The racing judge may not impose an administrative measure on a licence holder where such measure includes the suspension, for a period of more than 60 days, of all or some of the privileges granted under a licence or the revocation of the holder’s licence where a new application cannot be made before the expiry of a period of more than 60 days following the revocation.
In the above cases, the racing judge must refer the matter to the board, which must deal with it in accordance with section 51 of the Act.
Decision 96-07-24, s. 288
.
289
.
In addition to possibly entailing one or more of the administrative measures enumerated in section 285, a violation of section 218 or 220 entails one or more of the following administrative measures where a person has no valid prescription to use a drug referred to in section 217:
(
1
)
in the case of a first positive result within the last 24 months, a person referred to in section 219 may no longer perform his or her duties at a race track until the person provides, at the person’s own expense, a urine sample proving the absence of drugs and until the person is authorized by the board to resume his or her duties;
(
2
)
in the case of a second positive result within the last 24 months, that person may no longer perform his or her duties at a race track for as long as the person does not meet the following requirements:
(
a
)
the person must provide, at the person’s own expense, a urine sample proving the absence of drugs;
(
b
)
the person must register in a rehabilitation program accepted by the board;
(
c
)
the person must prove to the satisfaction of the board that the person has satisfactorily completed the rehabilitation program or that the person is going to complete it satisfactorily.
Notwithstanding subparagraph 2, the board may, following a hearing, exempt that person from registering in a rehabilitation program.
Decision 96-07-24, s. 289
.
290
.
Where the racing judge imposes a fine or award costs, the racing judge must fix a deadline for payment. The deadline must be not less than 10 days nor more than 90 days.
The person sentenced to pay a fine or costs may, before the deadline, ask the board for additional time.
Where the board imposes a fine or awards costs, it must fix the deadline for payment.
Decision 96-07-24, s. 290
.
291
.
A driver who is suspended for a period of 5 days or less may, during his suspension, drive in a special race the horses assigned to him or her.
In such a case, the suspension is extended by 1 day for each day the driver drives a horse.
Decision 96-07-24, s. 291
.
CHAPTER
XIV
APPEAL
292
.
Any interested person may lodge an appeal with the board respecting a decision of the racing judge where the decision involves:
(
1
)
a fine of $200 or more;
(
2
)
a suspension of 3 days or more;
(
3
)
the setting back of a horse entailing a loss of $200 or more on the portion of the purse to which the owner of the horse would have been entitled;
(
4
)
the disqualification of a horse entailing a loss of $200 or more on the portion of the purse to which the owner of the horse would have been entitled;
(
5
)
revocation of a holder’s licence.
Decision 96-07-24, s. 292
.
293
.
An appeal may also be lodged with the board respecting a decision of the racing judge where the decision concerns:
(
1
)
a complaint;
(
2
)
the situation provided for in section 77;
(
3
)
the situation provided for in section 236;
(
4
)
a point of law.
Decision 96-07-24, s. 293
.
294
.
(Omitted).
Decision 96-07-24, s. 294
.
REFERENCES
Decision 96-07-24, 1996 G.O. 2, 4905 (French)
Decision 2002-06-12, 2002 G.O. 2, 4391 (French)
Decision 2012-02-15, 2012 G.O. 2, 1034
2021-07-29, 2021 G.O. 2, 3371
Decision 2021-07-29, 2021 G.O. 2, 3371
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