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Décisions des tribunaux
S-3.1, r. 7
- Regulation respecting combat sports licensing
Table des matières
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À jour au 1
er
avril 2019
Ce document a valeur officielle.
chapter
S-3.1, r. 7
Regulation respecting combat sports licensing
SAFETY IN SPORTS — COMBAT SPORTS LICENSING
Act respecting safety in sports
(chapter S-3.1, s. 55.3)
.
S-3.1
04
April
01
1
2016
The duties prescribed in the Regulation have been indexed as of 1 April 2019 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 March 2019, page 279. (ss. 27, 33 and 35)
CHAPTER
I
BOXING
DIVISION
I
GENERAL
1
.
In this Regulation,
“program” means the series of activities which takes place on the date on which the bouts are held;
“ticket printer” means a person who operates an automatic ticket distribution system or a person who prints tickets.
O.C. 663-95, s. 1
.
2
.
A sports event begins with the issue of an organizer’s licence valid for 1 sports event and ends with the extinction of the obligations referred to in section 40 that must be guaranteed by a deposit.
O.C. 663-95, s. 2
.
3
.
An application for a licence shall be in writing, signed by the applicant and submitted to the Régie des alcools, des courses et des jeux.
It shall indicate whether the applicant is acting alone and, where he is not acting alone, it shall identify his partners and be in the form of a joint application in accordance with section 4.
Where a legal person applies for a licence, the application shall be supported by a certified copy of the resolution authorizing a director to sign for that purpose. That resolution shall indicate the name, address and telephone number of the director responsible for the activities and operations carried out under this Regulation on behalf of the legal person.
O.C. 663-95, s. 3
;
O.C. 393-2004, s. 1
.
4
.
Where 2 or more persons make a joint application, that application shall be signed by each of them, and the names of the persons in whose name the licence is to be issued shall be indicated in the application.
O.C. 663-95, s. 4
.
5
.
The licences issued under this Regulation are for
(
1
)
organizers;
(
2
)
managers;
(
3
)
contestants;
(
4
)
trainers;
(
5
)
corner inspectors;
(
6
)
ticket printers; and
(
7
)
officials.
There are 2 classes of organizer’s licences: an organizer’s annual licence and an organizer’s licence valid for 1 sports event.
O.C. 663-95, s. 5
.
6
.
A person proposing to organize a sports event shall hold an annual licence and a licence valid for that sports event. The board shall issue a licence valid for 1 sports event only where the applicant holds an annual licence.
O.C. 663-95, s. 6
.
7
.
Except for a licence valid for 1 sports event, the licences issued under this Regulation have a maximum term of 1 year and expire on 31 March following their date of issue.
O.C. 663-95, s. 7
.
8
.
Except for the manager of a contestant who is not domiciled in Québec, a manager, a contestant, a trainer, a corner inspector, a ticket printer or an official shall hold an annual licence.
O.C. 663-95, s. 8
.
DIVISION
II
ORGANIZER’S LICENCE
9
.
An applicant for an organizer’s annual licence shall provide the board with the following information and documents:
(
1
)
in the case of a natural person, his name, address, home and business telephone numbers, date of birth, social insurance number and 2 photographs measuring 3 × 4 cm taken within the previous 6 months, and in the case of a partnership, a copy of the declaration of partnership;
(
2
)
in the case of a legal person, its name, address and telephone number, the names, addresses and positions of the directors, a certified copy of the resolution prescribed in section 3, a copy of its articles or letters patent and any supplementary letters patent and a copy of its by-laws; and
(
3
)
a copy of all contracts binding the applicant to a contestant for more than 1 sports event.
In addition, the applicant’s right to obtain a licence must not have been suspended pursuant to section 63.
O.C. 663-95, s. 9
;
O.C. 393-2004, s. 2
.
10
.
An applicant for an organizer’s licence valid for 1 sports event shall
(
1
)
provide his or its name and annual licence number;
(
2
)
indicate the place, date and starting time of the bouts;
(
3
)
provide a list of the bouts;
(
4
)
provide the official ring record of the contestants after having verified it, including the bouts the contestants have participated in, the names of their opponents and the results of the bouts;
(
5
)
submit a signed copy of the contract between the contestant and the organizer as provided for in section 168 of the Regulation respecting combat sports (chapter S-3.1, r. 11);
(
6
)
indicate the amount, the percentage and the mode of payment of the purses or remuneration for each contestant;
(
7
)
provide the deposit prescribed in sections 40 to 48;
(
8
)
submit, using the form provided by the board, an attestation from an insurer certifying that the applicant holds a civil liability insurance policy of the type and in the amount prescribed in sections 49 and 50;
(
9
)
submit a dated and signed copy of the contract for the rental of the sports centre where the bouts are to take place or an attestation of payment;
(
10
)
submit a copy of the contract for ambulance services or an attestation of payment;
(
11
)
submit the safety plan including the elements prescribed in section 42 of the Regulation respecting combat sports; and
(
12
)
pay the board the duties prescribed in section 35;
(
13
)
(paragraph revoked).
O.C. 663-95, s. 10
;
O.C. 393-2004, s. 3
;
O.C. 533-2013, s. 1
.
11
.
The holder of an organizer’s licence valid for 1 sports event shall submit a report within 15 days after the event containing the following information and documents:
(
1
)
the number of spectators authorized by the municipality to attend the program of the sports event;
(
2
)
the amount of the gross receipts generated by the sports event;
(
3
)
the unsold tickets and the detachable part of the sold tickets;
(
4
)
a copy of any film, videotape or other reproduction of the sports event; and
(
5
)
where the tickets were printed by the holder of a ticket printer’s licence, a detailed report of ticket sales.
O.C. 663-95, s. 11
;
O.C. 533-2013, s. 2
.
DIVISION
III
MANAGER’S LICENCE
12
.
An applicant for a manager’s annual licence shall provide the board with the following information and documents:
(
1
)
in the case of a natural person, his name, address, home and business telephone numbers, date of birth, social insurance number and 2 photographs measuring 3 × 4 cm taken within the previous 6 months, and in the case of a partnership, a copy of the declaration of partnership;
(
2
)
in the case of a legal person, its name, address and telephone number, the names, addresses and positions of the directors, a copy of the resolution authorizing a director to sign the licence application, a copy of its articles or letters patent and any supplementary letters patent and a copy of its by-laws; and
(
3
)
a copy of the contract between the applicant and a contestant domiciled in Québec.
In addition, the applicant’s right to obtain a licence must not have been suspended pursuant to section 63.
O.C. 663-95, s. 12
;
O.C. 393-2004, s. 4
.
DIVISION
IV
CONTESTANT’S LICENCE
13
.
An applicant for a contestant’s annual licence who is domiciled in Québec shall
(
1
)
be a natural person at least 18 years old;
(
2
)
provide documents attesting to his name, pseudonym if any, address, home and business telephone numbers, date of birth, social insurance number and 2 photographs measuring 3 × 4 cm taken within the previous 6 months;
(
3
)
provide the names and addresses of his trainer and of his manager;
(
4
)
submit the form prescribed in subparagraph 1 of the first paragraph of section 159 of the Regulation respecting combat sports (chapter S-3.1, r. 11), duly completed, within 2 months of undergoing the tests prescribed in Division IV of that form;
(
5
)
be declared medically fit to fight by the physician who performed the examination prescribed in section 159 of the Regulation respecting combat sports;
(
6
)
forward to the board a copy of any contract between himself and a manager;
(
7
)
forward to the board a copy of any contract between himself and a trainer; and
(
8
)
not have had his right to obtain a licence suspended pursuant to section 63.
O.C. 663-95, s. 13
;
O.C. 393-2004, s. 5
.
14
.
The holder of a contestant’s licence shall notify the board immediately of any knock-out he suffers during the term of his licence or any illness or injury requiring medical or paramedical treatment.
He shall also notify the board immediately of any bout that he is to fight outside Québec during the term of his licence and of the result of that bout.
O.C. 663-95, s. 14
.
15
.
An applicant for a contestant’s annual licence who is not domiciled in Québec shall fulfil the conditions of paragraphs 1 to 3 of section 13 and shall submit the following documents:
(
1
)
the form prescribed in subparagraph 1 of the first paragraph of section 159 of the Regulation respecting combat sports (chapter S-3.1, r. 11), duly completed, within 1 year of undergoing the tests prescribed in Division IV of that form;
(
2
)
a declaration that he is medically fit to fight, signed by the physician who performed the examination prescribed in section 159 of the Regulation respecting combat sports;
(
3
)
his passport, contestant’s booklet or licence issued by an athletic commission or similar government-established agency authorizing him to fight; and
(
4
)
an attestation showing that his name is entered in the register provided for in the Professional Boxing Safety Act of 1996 (15 U.S.C. 6301 et seq.), if the applicant is required to be registered.
O.C. 663-95, s. 15
;
O.C. 393-2004, s. 6
.
16
.
In addition, upon applying for a contestant’s licence for the first time, an applicant who has never participated in a boxing sports event in Québec shall
(
1
)
in the case of a contestant domiciled in Québec, meet the requirements of section 13; and
(
a
)
provide a document attesting that during the previous 3 years he has participated in at least 30 “open bouts” recognized by a member federation of the Amateur International Boxing Association and has won at least 50% of them; or
(
b
)
be declared by the board technically fit to participate in a boxing sports event in accordance with Division XXII of Chapter I of the Regulation respecting combat sports (chapter S-3.1, r. 11); or
(
2
)
in the case of a contestant not domiciled in Québec, meet the requirements of paragraphs 1 and 2 of section 15 and hold a licence from the athletic commission of his place of domicile or the equivalent thereof.
O.C. 663-95, s. 16
.
DIVISION
V
TRAINER’S LICENCE AND CORNER INSPECTOR’S LICENCE
17
.
An applicant for a trainer’s annual licence who trains a contestant domiciled in Québec shall
(
1
)
be a natural person;
(
2
)
provide his name, address, home and business telephone numbers, date of birth, social insurance number and 2 photographs measuring 3 × 4 cm taken within the previous 6 months; and
(
3
)
not have had his right to obtain a licence suspended pursuant to section 63.
O.C. 663-95, s. 17
;
O.C. 393-2004, s. 7
.
18
.
The holder of a trainer’s annual licence shall notify the board immediately of any knock-out suffered by a contestant to whom he is bound by contract during the term of his licence or any illness or injury requiring medical or paramedical treatment.
He shall also forward to the board a copy of any contract between himself and a contestant.
O.C. 663-95, s. 18
.
19
.
An applicant for a corner inspector’s annual licence shall
(
1
)
be a natural person;
(
2
)
provide his name, address, home and business telephone numbers, date of birth, social insurance number and 2 photographs measuring 3 × 4 cm taken within the previous 6 months; and
(
3
)
not have had his right to obtain a licence suspended pursuant to section 63.
O.C. 663-95, s. 19
;
O.C. 393-2004, s. 8
.
DIVISION
VI
TICKET PRINTER’S LICENCE
20
.
An applicant for a ticket printer’s annual licence shall
(
1
)
in the case of a natural person, provide his name, address, home and business telephone numbers, date of birth, social insurance number and 2 photographs measuring 3 × 4 cm taken within the previous 6 months; or
(
2
)
in the case of a legal person, provide its name, address, telephone numbers, the names, addresses and positions of the directors, a certified copy of the resolution prescribed in section 3, a copy of its declaration of partnership or, for a legal person, a copy of its articles or letters patent and any supplementary letters patent, and a copy of its by-laws.
O.C. 663-95, s. 20
.
21
.
Where the ticket printer prints tickets, he shall forward to the board, within 5 days after printing, the printer’s summary, which shall contain the following information:
(
1
)
the ticket number;
(
2
)
the section, row and number of the seat; and
(
3
)
the price and colour of the corresponding ticket.
Where the ticket printer operates an automatic ticket distribution system, he shall forward to the board, within 5 days following the sports event, the report of ticket sales, which shall contain the information prescribed in subparagraphs 1 to 3 of the first paragraph.
O.C. 663-95, s. 21
.
DIVISION
VII
OFFICIAL’S LICENCE
22
.
Official’s licences issued under this Division are for
(
1
)
chief officials;
(
2
)
referees;
(
3
)
judges; and
(
4
)
inspectors.
The holder of a licence referred to in subparagraph 1 may also act as a judge or a referee. The holder of a licence referred to in subparagraph 2 may also act as a judge or an inspector. The holder of a licence referred to in subparagraph 3 may also act as an inspector.
O.C. 663-95, s. 22
.
23
.
The holder of an official’s licence is a mandatary of the board in the performance of his duties.
O.C. 663-95, s. 23
.
24
.
An applicant for an official’s annual licence who is domiciled in Québec shall
(
1
)
be a natural person;
(
2
)
provide his name, address, home and business telephone numbers, date of birth, social insurance number and 2 photographs measuring 3 × 4 cm taken within the previous 6 months;
(
3
)
indicate which type of official’s licence he is applying for;
(
4
)
be declared medically fit to referee, where applicable;
(
5
)
have successfully completed a training session given by the board that is appropriate to the type of official’s licence he is applying for; and
(
6
)
not have had his right to obtain a licence suspended pursuant to section 63.
O.C. 663-95, s. 24
;
O.C. 393-2004, s. 9
.
24.1
.
A person who is domiciled in Canada without being domiciled in Québec who is applying for an official’s annual licence must
(
1
)
fulfill the requirements of section 24 except paragraph 5;
(
2
)
submit a document from an athletic commission or a similar government-established agency certifying the person’s competency.
O.C. 479-2012, s. 1
.
25
.
A person not domiciled in Canada may obtain only a referee’s or judge’s licence valid for 1 sports event. To do so, he shall
(
1
)
fulfil the requirements of paragraphs 1, 2 and 6 of section 24;
(
2
)
indicate which type of official’s licence he is applying for; and
(
3
)
submit a document from an athletic commission or a similar government-established agency certifying his competency.
O.C. 663-95, s. 25
;
O.C. 479-2012, s. 2
.
26
.
The board designates all officials required at a sports event. An official so designated shall hold an official’s licence issued under this Regulation.
O.C. 663-95, s. 26
.
27
.
An official designated by the board to act at a sports event, except an official designated for a championship bout, is entitled to the following remuneration, according to the official’s duties, for each day of work:
(
1
)
chief official:
$147.50
;
(
2
)
referee:
$147.50
;
(
3
)
judge:
$111.50
;
(
4
)
inspector:
$111.50
.
For a second consecutive day of work for the same sports event, an official shall also be entitled to one-half of the remuneration prescribed in the first paragraph where that day of work does not exceed 4 hours. Every fraction of a dollar of remuneration shall be rounded up to the next highest dollar.
O.C. 663-95, s. 27
;
O.C. 393-2004, s. 10
;
O.C. 112-2011, s. 1
.
28
.
Travel and accommodation expenses of officials holding an annual licence shall be reimbursed under the Directive concernant les frais de déplacement des personnes engagées à honoraires par des organismes publics (C.T. 212379, 2013-03-26).
O.C. 663-95, s. 28
.
DIVISION
VIII
LICENCE APPLICATION
29
.
In addition to meeting all other requirements of this Regulation, an applicant for an annual licence shall submit his application to the board at least 24 hours before the time for which it is needed.
In addition, an application for a contestant’s licence shall include the contestant’s signed consent authorizing the board to gain access to and consult his medical records.
Notwithstanding the foregoing, a contestant who does not meet the requirements of subparagraph
a
of paragraph 1 of section 16 shall submit his licence application to the board at least 30 days before the date for which it is needed.
O.C. 663-95, s. 29
.
30
.
An application for an organizer’s licence valid for 1 sports event shall be received by the board not later than 30 days before the scheduled date of the program of the sports event.
Notwithstanding the foregoing, for the contestants other than the finalists in a program, the information prescribed in paragraphs 3 to 6 of section 10 shall be received by the board not later than 10 days before the scheduled date of the program.
Such licence application may include an application for authorization to hold a boxing and kickboxing sports event.
For the purposes of this Regulation, a finalist is a contestant participating in the main bout of a program, as determined on the basis of the contestants’ fame; such bout is not necessarily the final bout in the program.
O.C. 663-95, s. 30
.
31
.
A licence application shall be made using the form provided by the board and contain the following information:
(
1
)
the applicant’s name;
(
2
)
the applicant’s address;
(
3
)
the class of licence applied for; and
(
4
)
a description of the applicant’s judicial record, if any.
O.C. 663-95, s. 31
;
O.C. 393-2004, s. 11
.
32
.
A licence holder shall inform the board of any change in the information or documents forwarded to the board in support of an application within 2 days following such change.
O.C. 663-95, s. 32
.
33
.
Where a licence is lost, destroyed, altered or otherwise rendered unusable, the licence holder shall apply to the board for a duplicate. The board shall issue a duplicate upon payment of duties in the amount of
$37
.
O.C. 663-95, s. 33
.
34
.
Where a licence is suspended or cancelled, the licence holder shall return it to the board immediately upon being notified by the board of its decision.
O.C. 663-95, s. 34
.
DIVISION
IX
DUTIES PAYABLE
35
.
The duties payable upon filing a licence application are
$37
.
In addition, the holder of an organizer’s licence valid for 1 sports event must pay the following duties, as the case may be:
(
1
)
5% of the gross receipts derived from the sale of tickets in the case of an organizer’s licence valid for 1 sports event of mixed boxing or of an organizer’s licence valid for 1 sports event comprising more than 1 type of combat sport;
(
2
)
2% of the gross receipts derived from the sale of tickets for an organizer’s licence valid during 1 sports event of any other combat sport.
The duties may not be less than
(
1
)
$5,307
where the capacity of the premises where the sports event is held is less than or equal to 5,000 persons;
(
2
)
$10,613
where the capacity of the premises where the sports event is held is greater than 5,000 persons.
For championship bouts, an amount of
$5,307
per championship bout is added to the duties.
The duties are payable upon the issue of an organizer’s licence valid for 1 sports event. Despite the foregoing, where the amount of the duties payable is greater than the minimum duties provided for in the third paragraph, the organizer must pay the balance of gross receipts derived from the sale of tickets within 15 days following the sports event.
The duties prescribed in this section bear interest at the legal rate.
O.C. 663-95, s. 35
;
O.C. 393-2004, s. 12
;
O.C. 112-2011, s. 2
;
O.C. 533-2013, s. 3
.
36
.
The duties referred to in sections 33 and 35 and the remuneration referred to in section 27 shall be increased on 1 April of each year according to the rate of increase in the non-seasonally-adjusted Canadian Consumer Price Index (recreation component) for the 12-month period ending on 31 December of the preceding year, as determined by Statistics Canada.
The adjusted duties and remuneration are rounded off as follows:
(
1
)
where the annual increase resulting from the adjustment is between $0.01 and $0.25, they are increased by $0.25;
(
2
)
where the annual increase resulting from the adjustment is between $0.25 and $0.50, they are increased by $0.50;
(
3
)
where the annual increase resulting from the adjustment is between $0.50 and $1.00, they are increased by $1.00; and
(
4
)
where the annual increase resulting from the adjustment is greater than $1.00,
(
a
)
they are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; or
(
b
)
they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.
The Minister responsible for the application of the Act respecting safety in sports (chapter S-3.1) shall inform the public of the results of the increase under this section in the
Gazette officielle du Québec
.
O.C. 663-95, s. 36
;
O.C. 393-2004, s. 13
;
O.C. 1048-2011, s. 1
.
37
.
The duties prescribed in sections 33 and 35 shall be paid by certified cheque or postal or bank money order payable to the Minister of Finance.
O.C. 663-95, s. 37
.
38
.
Where, after consideration, an application for an organizer’s licence valid for 1 sports event is denied, the board shall refund to the applicant the amount of the duties paid under the second and sixth paragraphs of section 35, less the sum of $300 for administrative costs.
Where the organizer cancels a sports event, one-half of the amount of the duties paid under the second and sixth paragraphs of section 35 is non-refundable, unless the cancellation was occasioned by a serious injury sustained by one of the finalists after the licence application was filed; in the latter case, the board shall retain only the sum of $600 for administrative costs.
The duties paid under the first paragraph of section 35 are non-refundable.
O.C. 663-95, s. 38
;
O.C. 393-2004, s. 14
;
O.C. 112-2011, s. 3
.
39
.
Refunds shall be made by cheque payable to the licence applicant or licence holder.
O.C. 663-95, s. 39
.
DIVISION
X
DEPOSIT
40
.
An applicant for an organizer’s licence valid for 1 sports event shall furnish to the board a deposit to guarantee payment of the purses or remuneration promised by the organizer to the contestants, payment of ambulance services, payment of duties payable and the rental of the sports centre where the sports event is held.
O.C. 663-95, s. 40
.
41
.
The deposit may be furnished by the licence applicant or by a third party on the applicant’s behalf.
It shall be furnished 10 days before the sports event.
O.C. 663-95, s. 41
.
42
.
The deposit shall be furnished
(
1
)
by transfer, certified cheque or by postal or bank money order payable to the Minister of Finance;
(
2
)
(paragraph revoked);
(
3
)
in cash.
The surety shall waive the benefit of discussion.
O.C. 663-95, s. 42
;
488-2017
O.C. 488-2017
,
s.
31
1
1
.
43
.
A deposit furnished as prescribed in subparagraph 1 or 2 of the first paragraph of section 42 by a third party on behalf of an applicant for an organizer’s licence valid for 1 sports event shall be accompanied by an undertaking made using the form provided by the board.
Where such deposit is furnished by an applicant for an organizer’s licence valid for 1 sports event for himself, the undertaking shall be made using the form provided by the board.
O.C. 663-95, s. 43
;
O.C. 393-2004, s. 15
.
44
.
The deposit is deposited by the board in a trust account registered in its name with a financial institution to be disposed of in accordance with this Regulation.
O.C. 663-95, s. 44
;
488-2017
O.C. 488-2017
,
s.
32
1
.
45
.
Where the deposit was furnished in cash, by certified cheque, postal money order or by transfer, the board may, at the request of the organizer, pay the purses or remuneration to the contestants out of that deposit.
O.C. 663-95, s. 45
;
488-2017
O.C. 488-2017
,
s.
33
1
.
46
.
For the purposes of determining the amount of the deposit, the board shall take into account the elements set forth in section 40, except the duties payable.
Where a contestant has accepted a purse constituted by a percentage of the gross receipts from the sports event, the amount to be guaranteed shall be evaluated based on the assumption that all available seats will be sold.
O.C. 663-95, s. 46
.
47
.
The deposit shall remain in force so long as the obligations thereby guaranteed are not extinguished.
O.C. 663-95, s. 47
.
48
.
Where a suit is brought against an organizer, he shall immediately notify the board and the Minister of Finance and shall provide them with a copy of the suit by registered mail.
A copy of the judgment rendered or of any proceeding terminating the suit and releasing the debtor or the surety shall likewise be sent by the organizer to the board and to the Minister of Finance by the same method.
O.C. 663-95, s. 48
.
DIVISION
XI
CIVIL LIABILITY
O.C. 663-95, Div. XI
;
O.C. 393-2004, s. 16
.
49
.
An applicant for an organizer’s licence valid for 1 sports event shall submit an attestation, using the form provided by the board, certifying that he holds a civil liability insurance contract providing at least $1,000,000 coverage per incident for the financial liability arising from an incident occurring in the performance of his duties or at the time he is performing his duties, throughout the term of the licence, for bodily injury, moral damage or material damage.
O.C. 663-95, s. 49
;
O.C. 393-2004, s. 17
.
50
.
The insurance contract shall contain the following terms:
(
1
)
every employee or agent, paid or unpaid, shall be covered by the contract;
(
2
)
coverage shall extend to the payment of medical and hospital expenses of contestants who are not Canadian citizens or permanent residents of Canada, excluding expenses incurred as a result of injuries occurring in the course of physical exercise or sports activities;
(
3
)
the amount of coverage shall be at least $1,000,000 per claim and $1,000,000 for all claims occurring during the period covered;
(
4
)
the insurer shall undertake to pay, in place of the insured and within the limits of coverage, any amount the insured may be legally required to pay to a third party for any claim pertaining to the period covered; and
(
5
)
the insurer shall undertake to notify the board of the termination, cancellation or non-renewal of the insurance contract at least 30 days before such termination, cancellation or non-renewal.
O.C. 663-95, s. 50
.
51
.
In the case of any modification to or the termination or cancellation of the insurance contract, the licence holder shall provide the board with a document signed by the insurer certifying the modifications to the contract or its termination or cancellation and provide proof of any new insurance contract in the manner prescribed in section 49.
Such document shall be provided within 30 days following the modification, termination or cancellation.
O.C. 663-95, s. 51
.
DIVISION
XII
OWNERSHIP OF DOCUMENTS SUBMITTED
52
.
Documents submitted to the board become the property of the board.
O.C. 663-95, s. 52
.
53
.
The board retains ownership of licences.
A contestant’s annual licence shall remain in the possession of the board at all times, except where a contestant domiciled in Québec is to fight a bout outside Québec. As soon as he returns to Québec, the contestant shall return his licence to the board.
O.C. 663-95, s. 53
.
DIVISION
XIII
CANCELLATION OF LICENCE
54
.
The board may cancel a licence where
(
1
)
it was obtained by misrepresentation or on the basis of false information;
(
2
)
the licence holder, or the licence holder’s representative in the case of a legal person, alters, falsifies or changes any information contained in the licence;
(
3
)
the licence holder no longer meets one of the requirements for the issue of the licence;
(
4
)
the licence holder, or the licence holder’s representative in the case of a legal person, does not comply with an order issued by the board under section 46.2.1 of the Act;
(
5
)
the licence holder, or the licence holder’s representative in the case of a legal person, does not comply with an undertaking given upon the issue of the licence;
(
6
)
the licence holder, or the licence holder’s representative in the case of a legal person, does not fulfil an obligation entered into for the sports event;
(
7
)
the licence holder, the licence holder’s representative in the case of a legal person or any of their employees exerts pressure upon, threatens or assaults in any way whatsoever a representative of the board while the latter is engaged in the performance of his duties;
(
8
)
the licence holder, the licence holder’s representative in the case of a legal person or any of their employees refuses to comply with an order given by a representative of the board while the latter is engaged in the performance of his duties;
(
9
)
the licence holder in fact represents the interests of a person to whom the board has refused to issue a licence or whose licence has been cancelled or suspended;
(
10
)
the licence holder, the licence holder’s representative in the case of a legal person or any of their employees organizes or participates in organizing a bout the results of which have been arranged beforehand;
(
11
)
the licence of the licence holder, or of the licence holder’s representative in the case of a legal person, has been suspended or cancelled by an athletic commission or a similar government-established agency; or
(
12
)
the licence holder, or the licence holder’s representative in the case of a legal person, does not comply with the standards respecting the terms of contracts or the clauses of a contract binding him to another licence holder.
O.C. 663-95, s. 54
;
O.C. 393-2004, s. 18
.
55
.
The board may cancel the licence of an organizer who
(
1
)
has a financial interest of any kind whatsoever with a manager or an official;
(
2
)
admits spectators without tickets or causes spectators to be so admitted, or sells complementary tickets or passes or causes such tickets or passes to be sold;
(
3
)
concurrently acts as a manager.
O.C. 663-95, s. 55
;
O.C. 393-2004, s. 19
.
56
.
The board may cancel the licence of a contestant who
(
1
)
is declared unfit to fight as a result of a medical examination;
(
2
)
holds an official’s licence;
(
3
)
does not comply with the suspension periods prescribed in sections 61 and 62 or the rest periods prescribed in section 154 of the Regulation respecting combat sports (chapter S-3.1, r. 11);
(
4
)
has a financial interest of any kind whatsoever with an official;
(
5
)
hits or attempts to hit the officials or the spectators;
(
6
)
does not comply with a decision rendered by a representative of the board;
(
7
)
obtains a positive result at or refuses or neglects to undergo an anti-doping test pursuant to Division IX.1 of Chapter I of the Regulation respecting combat sports; or
(
8
)
concurrently acts as an organizer and manager, except if acting for himself.
O.C. 663-95, s. 56
;
O.C. 393-2004, s. 20
.
57
.
The board may cancel the licence of a manager who
(
1
)
concurrently acts in the capacity of an official, either directly or indirectly;
(
2
)
has a financial interest of any kind whatsoever with an official;
(
3
)
performs or helps others to perform any of the acts referred to in paragraphs 5 and 6 of section 56;
(
4
)
concurrently acts as an organizer; or
(
5
)
has a financial interest of any kind whatsoever with an organizer.
O.C. 663-95, s. 57
;
O.C. 393-2004, s. 21
.
58
.
The board may cancel the licence of a trainer or corner inspector who
(
1
)
has a financial interest of any kind whatsoever with an official;
(
2
)
holds an official’s licence;
(
3
)
performs or helps others to perform any of the acts referred to in paragraphs 5 and 6 of section 56; or
(
4
)
concurrently acts as an organizer.
O.C. 663-95, s. 58
;
O.C. 393-2004, s. 22
.
59
.
Before cancelling a licence, the board shall permit the licence holder to be heard.
O.C. 663-95, s. 59
.
60
.
(Revoked).
O.C. 663-95, s. 60
;
O.C. 393-2004, s. 23
.
DIVISION
XIV
SUSPENSION OF LICENCE
61
.
A physician designated by the board may suspend the licence of a contestant who
(
1
)
has fallen to the ring mat during training for 10 seconds or more or has suffered a knock-out or a technical knock-out during a bout as a result of blows to the head; in either such case, the minimum suspension period shall be 60 days. Where 2 such events occur within a 6-month period, the minimum suspension period shall be 180 days. Where 3 such events occur within a 1-year period, the minimum suspension period shall be 1 year;
(
2
)
has suffered a technical knock-out as a result of cuts sustained during a bout; in such a case, the minimum suspension period shall be 30 days;
(
3
)
has suffered a knock-out or a technical knock-out during a bout as a result of blows to the body; in such a case, the suspension period shall be that determined by the physician;
(
4
)
has sustained a severe cut or injury to the body during training; in such a case, the suspension period shall be that determined by the physician; or
(
5
)
is declared unfit to fight; in such a case, the suspension period shall be that determined by the physician.
Where the physician suspends a contestant’s licence, the contestant may not engage in any training in which blows are exchanged without authorization by the board after consultation with the physician.
At the end of the suspension period, the contestant shall undergo the medical examination that may be required by the physician designated by the board at the time of its decision to suspend the contestant in order to determine if he is fit to resume fighting.
If the physician considers that the contestant is not fit to fight, he may extend the suspension period.
During the suspension period, a physician designated by the board may examine a contestant who so applies to the board and, if the physician considers that the contestant is fit to fight, he may terminate the suspension.
O.C. 663-95, s. 61
.
62
.
The board may suspend, for a period of not more than 1 year, the licence of a contestant who
(
1
)
at the official weigh-in, exceeds the maximum weight prescribed in the contract with the organizer;
(
2
)
does not report for the weigh-in or for the bout;
(
3
)
commits any of the fouls referred to in section 131 of the Regulation respecting combat sports (chapter S-3.1, r. 11);
(
4
)
fails to have his contestant’s booklet filled out by an athletic commission or similar government-established agency under whose authority the sport event is conducted;
(
5
)
does not undergo the examination prescribed by the physician designated by the board within 24 hours following a knock-out or a technical knock-out resulting from blows to the head; or
(
6
)
does not fight fairly and to the best of his ability.
O.C. 663-95, s. 62
.
63
.
Where a person’s licence has been cancelled or suspended, the board may suspend that person’s right to obtain a new licence under this Regulation, for a maximum period of 3 years in the case of a cancellation and for a maximum period of 1 year in the case of a suspension.
The suspension period provided for in the preceding paragraph begins on the day of the decision cancelling or suspending a licence.
O.C. 663-95, s. 63
;
O.C. 393-2004, s. 24
.
64
.
During a sports event, a manager may not act in that capacity for 2 contestants opposing one another. The same applies to a trainer.
O.C. 663-95, s. 64
.
65
.
Before suspending a licence, the board shall permit the licence holder to be heard.
O.C. 663-95, s. 65
.
66
.
Solely for the purposes of the final paragraph in each of sections 9 and 12, paragraph 8 of section 13, paragraph 3 of each of sections 17 and 19, paragraph 6 of section 24, the third paragraph of section 29 and paragraph 2 of section 71, a decision suspending a licence is deemed to have effect from the commission of the act entailing such suspension.
O.C. 663-95, s. 66
;
O.C. 393-2004, s. 25
.
CHAPTER
II
KICKBOXING
DIVISION
I
GENERAL PROVISIONS
67
.
For the purposes of this Chapter, “kickboxing” means a combat sport in which a contestant may use his feet and fists to strike his opponent.
O.C. 663-95, s. 67
.
68
.
Subject to the provisions of this Chapter, the provisions of Chapter I apply, with the necessary modifications, to kickboxing, except paragraph 3 of section 15, section 16, paragraph 3 of section 25 and paragraph 3 of section 62.
O.C. 663-95, s. 68
.
DIVISION
II
CONTESTANT’S LICENCE AND OFFICIAL’S LICENCE
69
.
Upon applying for a contestant’s licence for the first time, an applicant who has never participated in a kickboxing sports event in Québec shall
(
1
)
in the case of a contestant domiciled in Québec, meet the requirements of section 13 and one of the requirements of either paragraph 3 or 4 of this section; or
(
2
)
in the case of a contestant not domiciled in Québec, meet the requirements of paragraphs 1 to 2 of section 15 and one of the requirements of either paragraph 3 or 4 of this section;
(
3
)
have participated in at least 30 bouts recognized by a member association of an international federation regulating combat sports using feet and fists during the previous 3 years and have won at least 50% of them; and
(
4
)
be declared technically fit to participate in a kickboxing sports event by the board under Division XXII of Chapter I of the Regulation respecting combat sports (chapter S-3.1, r. 11).
O.C. 663-95, s. 69
.
70
.
The board may suspend, for a period of not more than 1 year, the licence of a contestant who commits any of the fouls referred to in section 190 of the Regulation respecting combat sports (chapter S-3.1, r. 11).
O.C. 663-95, s. 70
.
CHAPTER
II.1
MIXED BOXING
O.C. 393-2004, s. 26
.
70.1
.
The provisions of Chapter I apply with the necessary modifications to mixed boxing within the meaning of section 195.1 of the Regulation respecting combat sports (chapter S-3.1, r. 11), except paragraph 3 of section 15, section 16, paragraph 3 of section 25, the last paragraph of section 29 and paragraphs 3 and 4 of section 62 of this Regulation.
O.C. 393-2004, s. 26
.
70.2
.
The board may suspend, for a period of not more than 1 year, the licence of a contestant who has committed a foul referred to in sections 195.28 to 195.30 of the Regulation respecting combat sports (chapter S-3.1, r. 11).
O.C. 393-2004, s. 26
.
CHAPTER
III
FINAL PROVISIONS
71
.
(Omitted).
O.C. 663-95, s. 71
.
72
.
(Omitted).
O.C. 663-95, s. 72
.
SCHEDULE A-1
(Revoked).
O.C. 663-95, Sch. A-1
;
O.C. 393-2004, s. 27
.
SCHEDULE B-1
(Revoked).
O.C. 663-95, Sch. B-1
;
O.C. 393-2004, s. 27
.
SCHEDULE B-2
(Revoked).
O.C. 663-95, Sch. B-2
;
O.C. 393-2004, s. 27
.
SCHEDULE B-3
(Revoked).
O.C. 663-95, Sch. B-3
;
O.C. 393-2004, s. 27
.
SCHEDULE B-4
(Revoked).
O.C. 663-95, Sch. B-4
;
O.C. 393-2004, s. 27
.
SCHEDULE C-1
(Revoked).
O.C. 663-95, Sch. C-1
;
O.C. 393-2004, s. 27
.
SCHEDULE C-2
(Revoked).
O.C. 663-95, Sch. C-2
;
O.C. 393-2004, s. 27
.
SCHEDULE D-1
(Revoked).
O.C. 663-95, Sch. D-1
;
O.C. 393-2004, s. 27
.
REFERENCES
O.C. 663-95, 1995 G.O. 2, 1543
O.C. 393-2004, 2004 G.O. 2, 1466
S.Q. 1997, c. 79, s. 59
O.C. 112-2011, 2011 G.O. 2, 629
O.C. 1048-2011, 2011 G.O. 2, 3039
O.C. 479-2012, 2012 G.O. 2, 1548
O.C. 533-2013, 2013 G.O. 2, 1463
O.C. 488-2017, 2017 G.O. 2, 1429
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