C-72.1 - Act respecting racing

Updated to 1 July 1999

This document has official status.

chapter C-72.1

Act respecting racing

In this Act, the word “board” means the “Régie des alcools, des courses et des jeux”, except in the third line of section 137 where it means “Régie des loteries et courses du Québec” (1993, c. 39, s. 95).

1990, c. 46, s. 1.

CHAPTER I SCOPE

1. This Act applies to horse racing and racehorse breeding and training, to the operation of horse racing betting houses, and to persons performing a function or carrying on an occupation related to those activities or to a business operated on the premises.

1987, c. 103, s. 1; 1990, c. 46, s. 2.

CHAPTER II

Repealed, 1993, c. 39, s. 41.

1990, c. 46, s. 3; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

2. (Repealed).

1987, c. 103, s. 2; 1990, c. 46, s. 4; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

3. (Repealed).

1987, c. 103, s. 3; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

4. (Repealed).

1987, c. 103, s. 4; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

5. (Repealed).

1987, c. 103, s. 5; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

6. (Repealed).

1987, c. 103, s. 6; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

7. (Repealed).

1987, c. 103, s. 7; 1993, c. 39, s. 41.

8. (Repealed).

1987, c. 103, s. 8; 1993, c. 39, s. 41.

9. (Repealed).

1987, c. 103, s. 9; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

10. (Repealed).

1987, c. 103, s. 10; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

11. (Repealed).

1987, c. 103, s. 11; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

12. (Repealed).

1987, c. 103, s. 12; 1993, c. 39, s. 41.

13. (Repealed).

1987, c. 103, s. 13; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

14. (Repealed).

1987, c. 103, s. 14; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

15. (Repealed).

1987, c. 103, s. 15; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

16. (Repealed).

1987, c. 103, s. 16; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

17. (Repealed).

1987, c. 103, s. 17; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

18. (Repealed).

1987, c. 103, s. 18; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

19. (Repealed).

1987, c. 103, s. 19; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

20. (Repealed).

1987, c. 103, s. 20; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

21. (Repealed).

1987, c. 103, s. 21; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

22. (Repealed).

1987, c. 103, s. 22; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

23. (Repealed).

1987, c. 103, s. 23; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

24. (Repealed).

1987, c. 103, s. 24; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

25. (Repealed).

1987, c. 103, s. 25; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

26. (Repealed).

1987, c. 103, s. 26; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

27. (Repealed).

1987, c. 103, s. 27; 1993, c. 39, s. 41.

28. (Repealed).

1987, c. 103, s. 28; 1990, c. 46, s. 5; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

29. (Repealed).

1987, c. 103, s. 29; 1993, c. 39, s. 41.

30. (Repealed).

1987, c. 103, s. 30; 1993, c. 39, s. 41.

31. (Repealed).

1987, c. 103, s. 31; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

32. (Repealed).

1987, c. 103, s. 32; 1993, c. 39, s. 41.

33. (Repealed).

1987, c. 103, s. 33; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

34. (Repealed).

1987, c. 103, s. 34; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

35. (Repealed).

1987, c. 103, s. 35; 1993, c. 39, s. 41.

36. (Repealed).

1987, c. 103, s. 36; 1990, c. 46, s. 6; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

37. (Repealed).

1987, c. 103, s. 37; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

38. (Repealed).

1987, c. 103, s. 38; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

39. (Repealed).

1987, c. 103, s. 39; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

40. (Repealed).

1987, c. 103, s. 40; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

41. (Repealed).

1987, c. 103, s. 41; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

42. (Repealed).

1987, c. 103, s. 42; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

43. (Repealed).

1987, c. 103, s. 43; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

44. (Repealed).

1987, c. 103, s. 44; 1988, c. 21, s. 66; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

45. (Repealed).

1987, c. 103, s. 45; 1993, c. 39, s. 95; 1993, c. 39, s. 41.

CHAPTER III FUNCTIONS AND OCCUPATIONS RELATED TO ACTIVITIES CARRIED ON AND BUSINESSES OPERATED ON THE PREMISES

DIVISION I GENERAL PROVISIONS

46. Every person who organizes, conducts or participates in an activity subject to this Act must comply with the standards prescribed by the rules for the holding or conduct of that activity.

1987, c. 103, s. 46.

47. Every person who performs any function or carries on any occupation related to horse racing, racehorse breeding or training, the operation of horse racing betting houses, or to a business operated where such activities take place shall have such rights and assume such obligations as are prescribed in the rules.

1987, c. 103, s. 47; 1990, c. 46, s. 7.

48. At the request of and after consultation with the board, the Minister may appoint racing judges and paddock judges to act at horse racing events and fix their conditions of employment.

The board may appoint any other person performing a function or carrying on an occupation related to an activity subject to this Act to act at such an activity and fix his conditions of employment.

1987, c. 103, s. 48; 1993, c. 39, s. 95.

DIVISION II RACING JUDGES AND PADDOCK JUDGES

49. The board may delegate, in writing, to a racing judge the power

(1)  to issue, in the circumstances it fixes, the licences it determines and collect the duties therefor;

(2)  to enforce the observance of the rules it determines, see to the protection and safety of the public and decide any matter or question relating thereto;

(3)  to impose an administrative measure on and confiscate the security furnished by any person who refuses to comply with the rules referred to in paragraph 2 or with an order issued under the said paragraph in such cases and to such extent as it may determine, and collect the fines imposed;

(4)  in the cases it determines, to remove, set back in the order of finish or disqualify a horse taking part in a race, cancel its entry in a race, or invalidate any offer to purchase a horse that has taken part in a race;

(5)  to fix and collect the costs prescribed by the rules for the examination of any matter or question submitted to him.

1987, c. 103, s. 49; 1993, c. 39, s. 95; 1997, c. 43, s. 212.

50. The board may delegate, in writing, to a paddock judge the power

(1)  to enforce the rules it indicates;

(2)  to impose on any person who contravenes any of the rules or any order issued thereunder, from among the prescribed administrative measures, a fine not exceeding $200 and, if the offender is a licensee, a suspension not exceeding 15 days;

(3)  to fix and collect the costs prescribed by the rules for the examination of any matter or question submitted to him.

1987, c. 103, s. 50; 1993, c. 39, s. 95; 1997, c. 43, s. 213.

51. Where a racing judge or a paddock judge considers that the maximum penalty or fine that he may impose is insufficient, taking into account the seriousness of the violation, he may transfer the matter submitted to him to the board for a decision.

1987, c. 103, s. 51; 1993, c. 39, s. 95; 1997, c. 43, s. 214.

52. Sections 34, 36, 38 and 39 of the Act respecting the Régie des alcools, des courses et des jeux (chapter R-6.1), adapted as required, apply to the decision of a racing judge or paddock judge.

1987, c. 103, s. 52; 1993, c. 39, s. 42.

53. Any interested person may apply to the board for a review of a decision rendered by a racing judge

(1)  on the interpretation of the rules;

(2)  on the eligibility, registration or order of finish of a horse for any race, or a decision granting or withholding permission to let a horse, or a person driving or riding a horse, take part in a race following a rule violation by the holder of a licence determined by the rules;

(3)  on the validity of any offer to purchase a horse that has taken part in a race;

(4)  which entails the disqualification or setting back of a horse in the order of finish for reasons determined by the rules;

(5)  which entails a specified administrative measure which, according to the rules, is subject to a review.

1987, c. 103, s. 53; 1993, c. 39, s. 95.

54. Any interested person may apply to the board for the review of a decision rendered by a paddock judge on the interpretation of the rules, or where the decision entails a specified administrative measure which, according to the rules, is subject to a review.

1987, c. 103, s. 54; 1993, c. 39, s. 95.

55. An application for a review is made by filing a notice of review in the form prescribed by the rules, within seven days of the day on which the applicant was informed of the decision he is contesting. The time limit is mandatory.

The board shall issue a copy of the form containing the notice of review it has received to any interested person. The record of the decision shall then be transmitted to the board.

1987, c. 103, s. 55; 1993, c. 39, s. 95.

56. Every decision of a racing judge or paddock judge shall, notwithstanding an application for review, take effect immediately unless the board orders that it be suspended.

1987, c. 103, s. 56; 1993, c. 39, s. 95.

DIVISION III LICENCES

57. No person may operate a race track unless he holds a race track licence.

A race track is a place where horse racing is held, and includes enclosures, paddocks, stands, parking areas, grandstands, offices and other facilities put at the disposal of the persons taking part in a horse race or the training of racehorses or of those who are present in such places.

1987, c. 103, s. 57.

58. No person may hold a horse race unless he holds a racing licence.

1987, c. 103, s. 58.

58.1. No person may operate a horse racing betting house unless he holds a horse racing betting house licence.

1990, c. 46, s. 8.

59. No person may exercise the functions of a racing judge unless he holds a racing judge’s licence.

1987, c. 103, s. 59.

60. No person may exercise the functions of a paddock judge unless he holds a paddock judge’s licence.

1987, c. 103, s. 60.

61. No person may perform any other function or carry on any other occupation relating to horse racing, racehorse breeding or training or in a horse racing betting house unless he holds the licence prescribed therefor by regulation.

1987, c. 103, s. 61; 1990, c. 46, s. 9.

62. No person may operate a business on the premises where an activity subject to this Act is carried on and for which a licence is prescribed by regulation, unless he holds that licence.

1987, c. 103, s. 62.

63. The holder of a licence issued by an organization situated outside Québec in respect of a function or occupation for which a licence is prescribed by this Act or the regulations may, except in the case of a refusal under section 77 or of a suspension of the person’s rights by that organization, perform such function or carry on such occupation in Québec.

The first paragraph does not apply unless the holder of a licence issued by the board is granted the same privilege in the place where the other organization is situated.

1987, c. 103, s. 63; 1993, c. 39, s. 95.

64. Where the prospective licensee is a legal person or a partnership, every person determined by regulation is required to hold the licence in addition to the legal person or partnership.

1987, c. 103, s. 64.

65. Every applicant and every licensee must, in the cases and in respect of the classes of licences determined by the rules, have and maintain, for the term of that licence, a liability insurance or such other form of coverage as the board may deem satisfactory, for an amount that enables him to satisfy a claim arising out of his civil liability.

1987, c. 103, s. 65; 1993, c. 39, s. 95.

66. Where the exercise of the rights conferred by a licence entails, for the licensee, financial commitments towards the board or the public, the licensee must, in the cases and for the classes of licences determined by the rules, furnish security to the board in the amount fixed by it, taking into account the importance of the commitments.

1987, c. 103, s. 66; 1993, c. 39, s. 95.

67. Every licensee taking an active part in a horse race shall, at such age and for such licences and classes of licences as may be determined by the rules, submit to a medical or optometric examination or furnish to the board a certificate indicating that he has successfully undergone such an examination in the last six months.

The board may require that the examination be performed by a physician or optometrist designated and remunerated by the board, or a specialist in the field it determines.

1987, c. 103, s. 67; 1993, c. 39, s. 95.

68. Where the board receives an application for a race track licence or for a horse racing betting house licence, it shall, before making a decision, publish a notice of the application and, where an objection is raised under section 69, invite interested persons to a hearing to allow them to make representations.

The notice shall be published at the expense of the applicant in a Québec newspaper, in a Montréal newspaper and in a newspaper of the place where the race track or horse racing betting house, as the case may be, is situated or, if it has no newspaper, in a newspaper of the nearest place, and shall set out

(1)  the name of the applicant;

(2)  the nature of his application;

(3)  a description of the site of the race track or horse racing betting house, as the case may be;

(4)  the fact that any person wishing to do so is entitled to file an objection to the granting of the licence with the board within 15 days from the publication of the notice.

The publication of such a notice is not required where the race track or horse racing betting house is, at the time of the publication, operated under a valid race track licence or horse racing betting house licence and the notice is not likely to give rise to objections.

At least 10 days before the hearing, the board shall give notice of the date, place and time of the hearing, by registered or certified mail or by personal service, to the applicant and to every interested person who raised an objection.

1987, c. 103, s. 68; 1990, c. 46, s. 10; 1993, c. 39, s. 95; 1997, c. 43, s. 215.

69. Any person wishing to do so may, within 15 days after the publication of the notice of application for a race track licence or for a horse racing betting house licence, forward to the board a signed document setting out the objections he may have against the granting of the licence and the reasons therefor.

No person who raised an objection in good faith may be sued for damages by reason of the objection.

1987, c. 103, s. 69; 1990, c. 46, s. 11; 1993, c. 39, s. 95.

70. The board shall issue a licence, subject to the quota standards prescribed by regulation, for the term it determines to any person

(1)  who applies therefor on the form prescribed by the rules;

(2)  who, in the case of a natural person, meets the age requirements prescribed by the rules;

(3)  who successfully passed the competency examinations determined by the rules;

(4)  who has completed the studies and has the experience determined by the rules, or recognized equivalents;

(5)  who, in the case of a race track licence or a racing licence, has been resident in Québec for at least 12 months or, where the person is a legal person, has its head office or principal establishment in Québec;

(6)  who establishes, in the case of a race track licence or horse racing betting house licence, that the race track or horse racing betting house meets the standards prescribed by the rules;

(7)  who meets the other requirements of this Act and the rules thereunder;

(8)  who furnishes the documents and information that it deems necessary for the examination of the application;

(9)  who pays the fees fixed by regulation, in the manner and at the time prescribed.

1987, c. 103, s. 70; 1990, c. 46, s. 12; 1993, c. 39, s. 95.

71. The term of the licence shall not exceed 24 months. Every licence shall expire on the date indicated on it.

1987, c. 103, s. 71; 1990, c. 46, s. 13.

72. A licence is untransferable.

1987, c. 103, s. 72.

73. Every applicant or licensee shall inform the board, without delay, of any change likely to affect documents or information previously filed with the board.

1987, c. 103, s. 73; 1993, c. 39, s. 95.

74. The board may, upon the issue of a licence, impose on the licensee any condition, restriction or prohibition prescribed by such rules as are indicated on the licence.

1987, c. 103, s. 74; 1993, c. 39, s. 95.

75. No person holding a racing licence may hold any race other than a horse race defined in the regulations.

1987, c. 103, s. 75.

76. The holder of a racing licence shall

(1)  define the conditions for participation in a race, or cause them to be defined by another person determined by the rules, according to the standards and with the particulars prescribed therein, and post them in the places and at the time prescribed by the rules;

(2)  submit the conditions for participation to the board for approval, in the cases prescribed by the rules;

(3)  make available to the public, for a race with pari-mutuel, a program containing the information prescribed by the rules.

1987, c. 103, s. 76; 1993, c. 39, s. 95.

77. The board may refuse to grant a licence where the applicant

(1)  has been convicted, in the last five years, of an indictable offence for which he has not obtained a pardon, in relation to

(a)  games and bets;

(b)  Parts VIII, IX, X or XI of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), if the offence is related to the functions, occupations or business activities for which a licence is prescribed;

(c)  the Narcotic Control Act (Revised Statutes of Canada, 1985, chapter N-1);

(d)  the Food and Drugs Act (Revised Statutes of Canada, 1985, chapter F-27);

(2)  has been convicted, in the last three years, an of offence punishable on summary conviction for which he has not obtained a pardon, in relation to

(a)  games and bets;

(b)  the Narcotic Control Act;

(c)  the Food and Drugs Act;

(3)  has been convicted, in the last year, an of offence against this Act or the rules thereunder for which he has not obtained a pardon;

(4)  failed to pay, within the time prescribed, any fine and costs imposed by the board, or a racing judge or paddock judge pursuant to a power delegated by the board;

(5)  is a legal person or a partnership, and any of the circumstances described in subparagraphs 1 to 4 of the first paragraph applies to one of the persons who is required to hold a licence under section 64;

(6)  fails to establish that he possesses the qualifications required to perform the functions or carry on the occupation or business activities for which the licence is sought with competence and integrity, taking into account his past conduct in the carrying on of the functions, occupations or business activities that are subject to this Act.

The board may also refuse to issue a licence where the public interest so requires, where it has reasonable grounds to believe that the refusal is necessary to ensure, in the public interest, that the functions, occupations or business activities that are subject to this Act are carried on with competence and integrity, or where the application for a licence has been filed for the benefit of another person to whom any of the circumstances described in this section would apply.

If the board refuses to issue a licence, the applicant cannot file an application for the issue of a licence prescribed by this Act or the regulations for the performance of a function or the carrying on of an occupation or a business activity referred to in this Act before the expiry of the period fixed by the board, which cannot exceed five years.

1987, c. 103, s. 77; 1990, c. 4, s. 353; 1990, c. 46, s. 14; 1993, c. 39, s. 95.

78. The board may suspend or revoke a licence and confiscate the security, if any, of a licensee

(1)  in any of the circumstances described in subparagraphs 1 to 5 of the first paragraph of section 77;

(2)  in the cases determined under subparagraph 21 of section 103;

(3)  where he does not meet the requirements for the issue of the licence or fails to comply with the conditions, restrictions, prohibitions or obligations prescribed by this Act or the rules thereunder which apply to the functions, occupations or business activities performed or carried on by him;

(4)  if it has reasonable grounds to believe that he does not perform the functions or carry on the occupation or business activities for which the licence was issued with competence and integrity;

(5)  if it has reasonable grounds to believe that the suspension or revocation of his licence and the confiscation of the security, if any, are necessary to ensure, in the public interest, that the functions, occupations or business activities which are subject to this Act are performed or carried on with competence and integrity.

No licensee whose licence is revoked may apply for a licence prescribed by this Act or the regulations to perform or carry on any function, occupation or business activity subject to this Act before the expiry of the period fixed by the board, which must not exceed five years.

1987, c. 103, s. 78; 1990, c. 46, s. 15; 1993, c. 39, s. 95.

79. (Repealed).

1987, c. 103, s. 79; 1993, c. 39, s. 95; 1993, c. 39, s. 43.

DIVISION IV REGISTRATION ATTESTATION

80. No person may use a device for the sale, recording or automatic compiling of pari-mutuel betting on horse racing, or another device that may be used in the exercice of rights conferred by a licence and determined by regulation, unless a registration attestation is issued therefor by the board.

1987, c. 103, s. 80; 1993, c. 39, s. 95.

81. The board shall issue a registration attestation for the term it determines to any person

(1)  who applies therefor on the form prescribed by the rules;

(2)  who meets the requirements prescribed by the rules;

(3)  who proves that the device meets the requirements prescribed by the rules;

(4)  who furnishes the documents and information it deems necessary for the examination of the application;

(5)  who pays the fees fixed by regulation, in the manner and at the time prescribed.

1987, c. 103, s. 81; 1993, c. 39, s. 95.

82. The term of the registration attestation shall not exceed twelve months. Every registration attestation shall expire on the date indicated on it.

1987, c. 103, s. 82.

83. A registration attestation is untransferable.

1987, c. 103, s. 83.

84. Every applicant and every holder of a registration attestation shall inform the board, without delay, of any change likely to affect previously filed documents or information.

1987, c. 103, s. 84; 1993, c. 39, s. 95.

85. The board may upon the issue of a registration attestation impose on the holder any condition, restriction or prohibition provided for by the rules it determines.

1987, c. 103, s. 85; 1993, c. 39, s. 95.

86. The board may refuse to issue, suspend or revoke a registration attestation in the case described in sections 77 and 78, with the necessary modifications.

1987, c. 103, s. 86; 1993, c. 39, s. 95; 1993, c. 39, s. 44.

DIVISION V REGISTRATION

87. The owner of a racehorse stable or of a racehorse, a driver or a jockey may register with the board

(1)  the distinctive colours adopted to serve as identification;

(2)  the stable name under which the horse is entered in a race;

(3)  any document or property specified in the rules.

Distinctive colours, stable names, documents or property must not have been registered under this Act by a third party.

1987, c. 103, s. 87; 1993, c. 39, s. 95.

88. The board shall issue a registration certificate, for the term it determines, to any person who applies therefor and pays the fee fixed by regulation, in the manner and at the time prescribed.

1987, c. 103, s. 88; 1993, c. 39, s. 95.

89. The board may refuse to issue, suspend or revoke a registration certificate where the applicant or the holder, as the case may be, has made a false statement in the documents or information submitted with his application.

1987, c. 103, s. 89; 1993, c. 39, s. 95; 1993, c. 39, s. 44.

CHAPTER IV CONTROL

DIVISION I INSPECTION

90. Every person authorized by the board to act as an inspector may, for the purposes of an inspection,

(1)  enter, at any reasonable time, a place where an activity subject to this Act is carried on, or where a person performs a function or carries on an occupation or business activity for which a licence is prescribed by this Act or the regulations, or a place where a device on which a registration attestation must be placed in accordance with this Act and the regulations may be found, and inspect it;

(2)  examine the devices, letters, telegrams and other documents containing information relating to the activities subject to this Act, as well as the horses found in such places;

(3)  take photographs of the premises, devices and other property and of the horses, and make copies of the documents;

(4)  take free samples and analyze them;

(5)  require any information relevant to the application of this Act and its regulatory instruments and the production of any document relating thereto;

(6)  compel any person found on the premises to provide him with reasonable assistance and to accompany him on the premises.

The inspector shall, if so requested, identify himself and produce the certificate of his capacity issued by the board.

1987, c. 103, s. 90; 1993, c. 39, s. 95.

91. During an inspection, the inspector may

(1)  order a person to perform or cease to perform any act if he has reasonable grounds to believe that such an omission or act constitutes a rule violation which has or is likely to have a detrimental effect on the health and safety of persons or horses;

(2)  seize any device, record, book, document or other property subject to this Act or its regulatory instruments if he has reasonable grounds to believe that an offence against this Act or its regulatory instruments has been committed or that a rule violation has occurred, and that the thing seized may serve as evidence.

1987, c. 103, s. 91.

92. The inspector shall draw up minutes of the seizure which shall set out

(1)  the date, time and place of the seizure;

(2)  the circumstances and reasons of the seizure;

(3)  a summary description of the thing seized;

(4)  the name of the person from whom the thing has been seized;

(5)  any information on the basis of which the owner or person who had possession of the thing seized may be identified;

(6)  the identity and capacity of the seizor.

1987, c. 103, s. 92.

93. A copy of the minutes and, where samples are taken, a sealed sample shall be remitted to the person from whom the thing was seized.

1987, c. 103, s. 93.

94. As soon as possible, the inspector shall report to the board on every order given by him and on every seizure effected by him.

1987, c. 103, s. 94; 1993, c. 39, s. 95.

95. The thing seized must be deposited at the head office of the board or at another place designated by it.

In the case of an amount of money, the board must deposit it in a trust account.

1987, c. 103, s. 95; 1993, c. 39, s. 95.

96. The board must, upon request, allow the examination of the thing seized by its owner or by the person who had possession of it at the time of seizure.

1987, c. 103, s. 96; 1993, c. 39, s. 95.

97. The thing seized shall be returned to the owner or person who had possession of it in the following cases:

(1)  90 days have elapsed from the date of the seizure and no penal proceedings have been instituted and no complaint has been filed with the board;

(2)  the person authorized to make an inquiry is of opinion, after verification within that period, that no offence against this Act or its regulatory instruments has been committed and no rule violation has occurred, or that the owner or person who had possession of the thing seized has, since the seizure, complied with this Act and its regulatory instruments.

A justice of the peace may, on the application of the seizor, order that the period of detention be prolonged for a maximum of 90 days.

1987, c. 103, s. 97; 1993, c. 39, s. 95; 1992, c. 61, s. 241.

98. The owner or person who had possession of the thing seized may, at any time, apply to a judge or to the board to obtain the release of the thing, subject to the grounds of the seizure.

The application shall be served on the seizor or, if penal proceedings have been instituted or a complaint has been filed, on the plaintiff or complainant, as the case may be.

The justice of the peace shall grant the application if he is satisfied that the applicant will suffer serious or irreparable damage if detention of the thing seized is maintained and its release will not hinder the course of justice.

1987, c. 103, s. 98; 1993, c. 39, s. 95; 1992, c. 61, s. 242.

99. Upon pronouncing a conviction for an offence under a provision of this Act or the regulations thereunder, a judge may order the confiscation of the thing seized at the time of an inspection.

Prior notice of the application for confiscation shall be given by the prosecutor to the person from whom the thing was seized and to the defendant, except where they are in the presence of the judge.

Notwithstanding the foregoing, no book, record, account, voucher or other document may be confiscated.

1987, c. 103, s. 99; 1992, c. 61, s. 243; 1997, c. 80, s. 60.

100. Except for sums of money, the board shall dispose, by public sale or destruction, of the things that have been confiscated and of the things which, while not confiscated, have not been claimed within 60 days of the date on which the matter was decided.

Sums of money and proceeds of sales shall be transferred to the Minister of Finance and deposited into the consolidated revenue fund.

Where sums of money so transferred were seized but not confiscated, or where proceeds transferred are derived from the sale of things seized but not confiscated, a statement of the sums and proceeds indicating the name and last known address of the interested parties and the date on which the sums of money and proceeds were transferred to the Minister of Finance shall also be sent to the Public Curator. The provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the sums and proceeds.

1987, c. 103, s. 100; 1993, c. 39, s. 95; 1997, c. 80, s. 61.

DIVISION II INQUIRIES

101. The board or any person it or the Minister authorizes as an investigator may inquire into any matter subject to this Act or its regulatory instruments.

Every investigator shall, on request, identify himself and produce the certificate of his capacity issued by the board or the Minister, as the case may be.

1987, c. 103, s. 101; 1993, c. 39, s. 95; 1993, c. 39, s. 45.

102. The board may, in a written request, require a licensee to file, within such reasonable time as it may fix, by registered or certified mail, information, records, books or other documents to which this Act or its rules apply.

1987, c. 103, s. 102; 1993, c. 39, s. 95.

CHAPTER V REGULATIONS

103. The board may make rules to

(1)  determine the rule violations for which it may withdraw or disqualify a horse from a race, set it back in the order of finish or refuse its entry in a race, or invalidate an offer to purchase a horse having taken part in a race;

(2)  prescribe the standards for the holding and conduct of an activity subject to this Act with which a person who organizes, conducts or takes part in such activities is required to comply; such standards may include provisions on

(a)  the organization, management and performance of the activity;

(b)  the conduct and code of ethics;

(c)  the protection and safety of persons and horses on the premises;

(d)  the advertising relating to the activity and to the functions, occupations and business activities for which a licence is required under this Act and the regulations;

(e)  the layout, equipment, operation and cleanliness of the premises;

(f)  the number, frequency, classes and sub-classes of horse races that may be held;

(g)  the classes of race tracks or horse racing betting houses;

(h)  the standards for access to the premises;

(i)  the equipment required of persons who organize or take part in such an activity, as well as the horses’ equipment;

(j)  the purses offered at a horse race and the awarding standards;

(k)  health control measures for participants and horses, including the taking of samples to test for alcohol, drug or stimulant;

(l)  the training of participants;

(3)  determine the rights and obligations of persons performing a function or carrying on an occupation or business activity subject to this Act;

(4)  determine the cases where a rule violation may entail a review under subparagraph 2 of the first paragraph of section 53;

(5)  determine the grounds justifying the review of a decision of a racing judge which entails the disqualification or setting back of a horse in the order of finish;

(6)  determine the nature of an administrative measure imposed by a racing judge or paddock judge for which any interested person may apply for a review;

(7)  determine the circumstances and the licences and classes thereof for which liability insurance or a security is required, the form of security and the procedure for its confiscation;

(8)  determine the age at which and the licences and classes of licences for which a medical or optometric certificate or examination is required and the nature of such certificate or examination;

(9)  determine the conditions with which a person applying for a licence or a registration attestation is required to comply, and the minimum age required to obtain a licence;

(10)  determine the competency examinations a person applying for a licence is required to pass, the subjects of those examinations, the passing mark, and the period during which a person is barred from taking again a competency examination it has failed;

(11)  determine the experience and studies required of a person applying for a licence, and the equivalency standards applicable;

(12)  prescribe the standards a race track or horse racing betting house must satisfy for the purposes of the issue of a race track licence or horse racing betting house licence;

(13)  determine the obligations that the board may impose on the holder of a licence or registration attestation upon the issue of such licence or attestation;

(14)  determine the standards according to which the conditions governing participation in a horse race are to be established, the particulars that must be included, the persons who may establish those conditions, the places where and time when they must be posted, and the cases where they must be approved by the board;

(15)  prescribe the information that must be included in a program;

(16)  determine the specifications that must be met by a device for the issue of a registration attestation;

(17)  determine the documents and property that may be registered by the owner of a racing stable or racehorse, the driver or the jockey;

(18)  determine the information that must appear in the report submitted by the holder of a registration certificate, and the period when that report must be filed;

(19)  prescribe the forms to be used for the purposes of this Act and the rules thereunder;

(20)  (subparagraph repealed);

(20.1)  ensure, in accordance with the terms and conditions it prescribes, that, from 1 July 1988, the average rate of commission levied on the aggregate of the betting amounts by the holder of a racing licence and of a registration attestation for a device used for the sale, recording or automatic compiling of pari-mutuel betting on horse racing, issued under sections 70 and 81, respectively, does not exceed the average rate of commission that it indicates and determine the amount that the holder may be called upon to pay to the Commission if the rate exceeds that indicated;

(21)  determine, among the provisions of its rules, those the violation of which entails an administrative measure, and determine the nature of such measures;

(22)  determine the classes of activities or persons that may be exempt, in whole or in part, from any duty or obligation imposed by a rule.

The board may establish different rules, for the purposes of subparagraphs 2 and 3, according to the functions, occupations or business activities; for the purposes of subparagraphs 2, 3 and 12, according to the classes of race tracks or horse racing betting houses; for the purposes of subparagraphs 2, 3, 14 and 15, according to the classes or sub-classes of races and horses; for the purposes of subparagraphs 3, 9, 10, 11 and 13, according to classes or sub-classes of licences; and for the purposes of subparagraph 9, according to whether it is a licence or a certificate.

Every rule made under subparagraph 20.1 of the first paragraph must be approved by the Minister of Finance.

1987, c. 103, s. 103; 1988, c. 81, s. 1; 1990, c. 46, s. 16; 1993, c. 39, s. 95; 1993, c. 39, s. 46.

104. The Government may, if it considers it advisable, fix a time limit within which the board may make, amend or replace a rule made pursuant to section 103. The Government may act if the board fails to act within the prescribed time.

1987, c. 103, s. 104; 1993, c. 39, s. 95.

105. The Government may, by regulation,

(1)  prescribe the classes and sub-classes of licences required for the performance of a function or the carrying on of an occupation related to horse racing, racehorse breeding and training, or horse racing betting houses, or an activity related to a business operated on the premises;

(1.1)  define the expression “betting house” with reference to horse-race betting;

(2)  determine the persons who are required to hold a licence where a function, an occupation or a business activity is performed or carried on by a legal person or a partnership;

(3)  delimit regions and prescribe quota standards governing the issue of race track licences, racing licences and horse racing betting house licences for each region;

(4)  determine the fee payable by a person applying for a licence, a certificate or an attestation, the mode and the time of payment, and the fee exigible to obtain a duplicate of such documents. The amount of the fee may vary according to the classes of licences or certificates;

(5)  determine the forms of horse racing that may be held or presented;

(6)  determine what devices cannot be used in exercising rights conferred by a licence unless a registration attestation is issued in respect of the device by the board;

(7)  determine, among the provisions of the rules established by the board, those the violation of which constitutes an offence;

(8)  determine the classes of activities or persons that may be exempt, in whole or in part, from the duties and obligations imposed under this Act or the regulations.

1987, c. 103, s. 105; 1990, c. 46, s. 17; 1993, c. 39, s. 95.

CHAPTER VI PENAL PROVISIONS

106. Every person who hinders the board, an inspector or an investigator in the performance of their duties, misleads them through concealment or false declarations, refuses to provide them with any information, document or other object they are entitled to require or examine, conceals or destroys any document or other object necessary in the course of an inspection or investigation, refuses to provide reasonable assistance or to accompany an inspector or investigator is liable to a fine of not less than $125 nor more than $1,175.

1987, c. 103, s. 106; 1990, c. 4, s. 354; 1991, c. 33, s. 31; 1993, c. 39, s. 95.

107. Every person who furnishes to the board information or documents relating to an application for a licence, attestation or certificate which he knows are incomplete, false or misleading is liable to a fine of not less than $125 nor more than $2,325.

1987, c. 103, s. 107; 1990, c. 4, s. 354; 1991, c. 33, s. 32; 1993, c. 39, s. 95.

108. Every person having in his possession, on a race track, an injectable substance or a device that can be used to inject or administer such substance to a racehorse is liable to a fine of not less than $125 nor more than $3,500.

The first paragraph does not apply to a person authorized for that purpose by the board or to a veterinarian.

1987, c. 103, s. 108; 1990, c. 4, s. 354; 1991, c. 33, s. 33; 1993, c. 39, s. 95.

109. Every person who contravenes a provision of any of sections 57 to 62, 75 and 80 or a provision of a rule the violation of which constitutes an offence pursuant to the regulation made under section 105 is liable for each day during which the offence continues to a fine of not less than $600 nor more than $3,500 in the case of a natural person and of not less than $1,175 nor more than $6,975 in the case of a legal person.

1987, c. 103, s. 109; 1990, c. 4, s. 354; 1991, c. 33, s. 34.

110. A director or partner who contravenes section 64 is liable for each day during which the offence continues to a fine of not less than $600 nor more than $3,500.

1987, c. 103, s. 110; 1990, c. 4, s. 354; 1991, c. 33, s. 35.

111. In the case of a second or subsequent conviction, the offender is liable to a fine equal to twice the amount prescribed in that provision.

1987, c. 103, s. 111; 1990, c. 4, s. 355.

112. (Repealed).

1987, c. 103, s. 112; 1990, c. 4, s. 356; 1993, c. 39, s. 95; 1992, c. 61, s. 244.

113. (Repealed).

1987, c. 103, s. 113; 1992, c. 61, s. 245.

114. Every person who, by his consent, encouragement, advice or order, causes another person to commit an offence is guilty of the offence as if he had committed it himself and of any other offence committed by the other person as a consequence of the consent, encouragement, advice or order if he knew or should have known that his consent, encouragement, advice or order would likely result in the commission of the offences.

1987, c. 103, s. 114.

115. Every person who, by his act or omission, assists a person in committing an offence is guilty of the offence as if he had committed it himself if he knew or should have known that his act or omission would likely result in assisting the person in committing the offence.

1987, c. 103, s. 115.

CHAPTER VII AMENDING PROVISIONS

116. (Omitted).

1987, c. 103, s. 116.

ACT RESPECTING LOTTERIES, RACING, PUBLICITY CONTESTS AND AMUSEMENT MACHINES

117. (Amendment integrated into c. L-6, s. 1).

1987, c. 103, s. 117.

118. (Amendment integrated into c. L-6, s. 20).

1987, c. 103, s. 118.

119. (Amendment integrated into c. L-6, s. 23).

1987, c. 103, s. 119.

120. (Omitted).

1987, c. 103, s. 120.

121. (Amendment integrated into c. L-6, s. 26).

1987, c. 103, s. 121.

122. (Amendment integrated into c. L-6, s. 27).

1987, c. 103, s. 122.

123. (Amendment integrated into c. L-6, s. 28).

1987, c. 103, s. 123.

124. (Amendment integrated into c. L-6, s. 29).

1987, c. 103, s. 124.

125. (Amendment integrated into c. L-6, s. 31).

1987, c. 103, s. 125.

126. (Amendment integrated into c. L-6, s. 33).

1987, c. 103, s. 126.

127. (Amendment integrated into c. L-6, s. 34).

1987, c. 103, s. 127.

128. (Amendment integrated into c. L-6, s. 53).

1987, c. 103, s. 128.

129. (Amendment integrated into c. L-6, s. 56).

1987, c. 103, s. 129.

ACT RESPECTING THE MINISTÈRE DE L’AGRICULTURE, DES PÊCHERIES ET DE L’ALIMENTATION

130. (Amendment integrated into c. M-14, s. 2).

1987, c. 103, s. 130.

ACT RESPECTING THE SOCIÉTÉ DES LOTERIES ET COURSES DU QUÉBEC

131. (Amendment integrated into c. S-13.1, s. 16).

1987, c. 103, s. 131.

CHAPTER VIII MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

132. This Act is binding on the Government and its departments and agencies.

1987, c. 103, s. 132.

133. Licences issued for horse racing under the Act respecting lotteries, racing, publicity contests and amusement machines (chapter L-6) remain in force until the date on which they would have expired under the said Act and the holders of such licences may, until that date, carry on the activities authorized by their licences, subject to the provisions of this Act or of statutory instruments, without being required to hold, for the carrying on of such activities, a licence issued under this Act.

1987, c. 103, s. 133.

134. Every provision of a rule made under section 20 of the Act respecting lotteries, racing, publicity contests and amusement machines (chapter L-6) is, to the extent that it is consistent with this Act, a provision of a rule made under section 103 and remains in force until it is replaced or repealed.

The penalties applicable in cases of violation of the provisions of such a rule occurring after 31 March 1988 but before the date of coming into force of the first rule made by the Commission des courses du Québec under subparagraph 21 of the first paragraph of section 103 are the penalties provided for in section 122 of the Act respecting lotteries, racing, publicity contests and amusement machines for any person who infringes a provision of the rules.

1987, c. 103, s. 134; 1988, c. 81, s. 2.

135. Every provision of a regulation made under section 119 of the Act respecting lotteries, racing, publicity contests and amusement machines (chapter L-6) is, to the extent that it is consistent with this Act, a provision of a regulation made under section 105 and remains in force until it is replaced or repealed.

1987, c. 103, s. 135.

136. The personnel of the horse racing division of the Régie des loteries et courses du Québec and the personnel of SODIC QUÉBEC INC. become, without any other formality, the personnel of the Commission des courses de chevaux du Québec.

1987, c. 103, s. 136.

137. Cases concerning horse racing matters the hearing of which has begun before 30 March 1988 before the Régie des loteries et courses du Québec, a racing judge or a paddock judge to whom the board has delegated its powers are continued before the board or the judge, as the case may be, in accordance with the provisions of the Act respecting lotteries, racing, publicity contests and amusement machines (chapter L-6) as they read before being amended by this Act.

Decisions of racing judges or paddock judges rendered under the first paragraph may be appealed from and shall be decided in accordance with the provisions of the Act respecting lotteries, racing, publicity contests and amusement machines as they read before being amended by this Act.

1987, c. 103, s. 137.

138. The Minister of Agriculture, Fisheries and Food acquires the rights of SODIC QUÉBEC INC. and assumes the obligations thereof with regard to activities to promote the racehorse breeding industry in Québec.

The Commission des courses du Québec acquires the other rights and assumes the other obligations of SODIC QUÉBEC INC. Subsidies granted by SODIC QUÉBEC INC. within the scope of its activities in promoting the horse racing industry and racehorse training are deemed to have been granted by the Commission des courses du Québec.

1987, c. 103, s. 138.

139. The records and documents of the Régie des loteries et courses du Québec which relate to horse racing and those of SODIC QUÉBEC INC. which relate to the promotion of the horse racing industry and racehorse training become the records and documents of the Commission des courses de chevaux du Québec.

1987, c. 103, s. 139.

140. Proceedings to which the Régie des loteries et courses du Québec or a racing judge or paddock judge to whom it has delegated its powers is a party in matters pertaining to horse racing, and proceedings to which SODIC QUÉBEC INC. is a party with respect to the promotion of the horse racing industry and racehorse training or the promotion of the racehorse breeding industry in Québec are continued, respectively, without continuance of suit, by the Commission des courses de chevaux du Québec and the Minister of Agriculture, Fisheries and Food.

1987, c. 103, s. 140.

141. The sums placed at the disposal of the Régie des loteries et courses du Québec with regard to horse racing are, to the extent determined by the Government, transferred to the Commission des courses de chevaux du Québec.

1987, c. 103, s. 141.

142. The fees and other charges payable under this Act are paid into the Consolidated Revenue Fund.

1987, c. 103, s. 142.

143. The sums required for the administration of this Act for the fiscal year 1987-88 are, to the extent determined by the Government, taken out of the Consolidated Revenue Fund.

1987, c. 103, s. 143.

144. The Minister of Public Security is responsible for the administration of this Act.

1987, c. 103, s. 144; 1993, c. 39, s. 47.

145. (Omitted).

1987, c. 103, s. 145.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 103 of the statutes of 1987, in force on 1 March 1989, is repealed, except section 145, effective from the coming into force of chapter C-72.1 of the Revised Statutes.

Sections 99 and 100 of this Act will be amended upon the coming into force of section 60 and of paragraph 1 of section 61 of chapter 80 of the statutes of 1997 on the date or dates fixed by order of the Government.

The third paragraph of section 100 of this Act will come into force on the date fixed by order of the Government (1997, c. 80, s. 82).