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C-72.1 - Act respecting racing

Section 77
Disposition versions

Full text
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.
77. The Commission 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 Commission, or a racing judge or paddock judge pursuant to a power delegated by the Commission;
(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 Commission 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 Commission 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 Commission, which cannot exceed five years.
1987, c. 103, s. 77; 1990, c. 4, s. 353; 1990, c. 46, s. 14.
77. The Commission 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, of an 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, of an 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 Commission, or a racing judge or paddock judge pursuant to a power delegated by the Commission;
(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 Commission 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.
1987, c. 103, s. 77; 1990, c. 4, s. 353.
77. The Commission may refuse to grant a licence where the applicant
(1)  has been convicted of or pleaded guilty to, in the last five years, 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 of or pleaded guilty to, in the last three years, an 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 of or pleaded guilty to, in the last year, an 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 Commission, or a racing judge or paddock judge pursuant to a power delegated by the Commission;
(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 Commission 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.
1987, c. 103, s. 77.
77. The Commission may refuse to grant a licence where the applicant
(1)  has been convicted of or pleaded guilty to, in the last five years, an indictable offence for which he has not obtained a pardon, in relation to
(a)  games and bets;
(b)  Parts VI, VII, VIII or IX of the Criminal Code (Revised Statutes of Canada, 1970, chapter C-34), 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, 1970, chapter N-1);
(d)  the Food and Drugs Act (Revised Statutes of Canada, 1970, chapter F-27);
(2)  has been convicted of or pleaded guilty to, in the last three years, an 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 of or pleaded guilty to, in the last year, an 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 Commission, or a racing judge or paddock judge pursuant to a power delegated by the Commission;
(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 Commission 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.
1987, c. 103, s. 77.
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