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SNL2014 CHAPTER A-19.1

ATLANTIC PROVINCES HARNESS RACING COMMISSION ACT

Amended:

 

CHAPTER A-19.1

AN ACT RESPECTING THE ATLANTIC PROVINCES HARNESS RACING COMMISSION

(Assented to December 16, 2014)

Analysis




Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Atlantic Provinces Harness Racing Commission Act .

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Interpretation

        2. (1) In this Act

             (a)  "account" means an account under a telephone account betting system or under an on-track account betting system;

             (b)  "Atlantic provinces " means the provinces of New Brunswick , Newfoundland and Labrador , Nova Scotia and Prince Edward Island ;

             (c)  "board" means the provincial board established or designated under section 15 ;

             (d)  "commission" means the Atlantic Provinces Harness Racing Commission continued under section 4 ;

             (e)  "conduct detrimental to harness racing" means one or more of the following:

                      (i)  the fraudulent or corrupt influencing of the outcome of a harness race,

                     (ii)  the making of a false registration, or

                    (iii)  the doing of another act injurious to the reputation of the sport of harness racing;

             (f)  "council" means the Council of Atlantic Premiers established by the Memorandum of Understanding on Atlantic Canada Cooperation on May 15, 2000;

             (g)  "director" means the Director of Racing appointed under section 7 ;

             (h)  "foreign-race inter-track betting" means pari-mutuel betting at one or more satellite tracks on a foreign race, where the money bet on each pool at each satellite track is combined with the money bet on the corresponding pool that is operated by the organization holding the foreign race to form one pool, from which the payout price is calculated and distributed;

              (i)  "foreign-race separate-pool betting" means separate-pool betting in Canada on a foreign race;

              (j)  "harness racing" means racing in which horses participate and on which pari-mutuel wagering is conducted;

             (k)  "home-market area" means a geographical area that is assigned to an association in respect of a race-course within which the association is authorized to conduct telephone-account betting;

              (l)  "inter-track betting" means pari-mutuel betting at one or more satellite tracks or in one or more places in one or more foreign countries on a race that is held at a host track, where the money bet on each pool at each satellite track or place is combined with the money bet on the corresponding pool at the host track to form one pool from which the pay-out price is calculated and distributed;

           (m)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (n)  "pari-mutuel betting" means a system of betting in which the winners divide the total amount of the bet, after deducting management expenses, in proportion to the sums individually wagered;

             (o)  "person" includes a partnership or association;

             (p)  "race track" means a place where harness racing is carried on and includes the track, grounds, stables, grandstands, parking areas, offices and adjacent places used in connection with harness racing;

             (q)  "revenue" includes financial assistance received and fees, fines, penalties and other charges received or collected;

              (r)  "rules" means rules for the conduct of harness racing made, adopted or incorporated by reference in accordance with section 10 ;

             (s)  "separate-pool betting" means pari-mutuel betting at one or more satellite tracks or in one or more places in one or more foreign countries on a race that is held at a host track, where the money bet on each pool at each satellite track is retained at that satellite track or is combined with the money bet on the corresponding pool at another satellite track or tracks or at a place or places to form one pool from which the pay-out price is calculated and distributed;

              (t)  "telephone-account betting" means pari-mutuel betting conducted by means of a telephone call by an account holder to an association; and

             (u)  "track operator" means a person who operates a race track.

             (2)  The Lieutenant-Governor in Council may, by order, amend the definitions in subsection (1) to the extent that it is necessary to make the definitions consistent with the Pari-Mutuel Betting Supervision Regulations made under the Criminal Code .

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Purpose of Act

        3. The purpose of this Act is to establish a harness racing authority with jurisdiction to govern, regulate and ensure the integrity of harness racing in the Atlantic provinces .

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Atlantic Provinces Harness Racing Commission

        4. (1) The Maritime Provinces Harness Racing Commission as established in the provinces of New Brunswick, Nova Scotia and Prince Edward Island before the coming into force of this Act is continued as the Atlantic Provinces Harness Racing Commission.

             (2)  The council shall appoint the members of the commission.

             (3)  The commission is a body having unified jurisdiction throughout the Atlantic provinces .

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Composition, appointment, term of office and vacancies

        5. (1) The commission consists of 8 members of whom 2 shall be nominated by the Lieutenant-Governor in Council on the recommendation of the minister.

             (2)  The council shall

             (a)  appoint a chairperson from among the members of the commission and shall determine the term of office as chairperson in accordance with subsection (4);

             (b)  determine the remuneration and expense allowance payable to members, the chairperson and the director; and

             (c)  determine the location of the head office of the commission.

             (3)  The council may delegate any of its functions under this Act to a committee comprised of the ministers of the Crown for the time being responsible for harness racing in each of the Atlantic provinces .

             (4)  The members of the commission hold office for a term, not exceeding 3 years, as is determined at the time of appointment.

             (5)  A member is eligible for re-appointment but no member shall serve for a continuous period exceeding 9 years.

             (6)  Notwithstanding subsection (4), a member remains in office until the member resigns or is replaced.

             (7)  In the event of a vacancy occurring during the term of office of a member, the council may appoint a person for the remainder of the term of that member.

             (8)  A member may be removed from office by the council.

             (9)  A vacancy does not impair the right of the remaining members to act.

          (10)  The members shall appoint a vice-chairperson from among the members who shall perform the duties of the chairperson if the chairperson is unable to act by reason of illness, absence or other cause.

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Meetings, quorum and voting

        6. (1) The commission shall meet as required at the call of the chairperson at times and places designated by the chairperson.

             (2)  A quorum is 5 members, with at least one member from each of the Atlantic provinces being present.

             (3)  At a meeting of the commission each member of the commission present at the meeting, other than the chairperson, has one vote and a majority vote determines the question.

             (4)  Notwithstanding subsection (3), the chairperson shall vote only for the purpose of breaking a tie.

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Director and other personnel

        7. (1) The commission shall appoint a director who shall be the chief administrative officer of the commission.

             (2)  The commission may employ those other persons as are required for the proper conduct of its business.

             (3)  Persons employed by the commission under subsections (1) and (2) shall be employed on the same terms and conditions of service as are applicable to employees of the council.

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Remuneration, expenses, fiscal year, budget and financial assistance

        8. (1) The remuneration and expenses of the members of the commission and of the persons employed by the commission, and generally all costs, charges and expenses incurred and payable in respect of the conduct of the business of the commission, shall be paid out of the revenue of the commission.

             (2)  The fiscal year of the commission ends March 31 of each year.

             (3)  The commission shall prepare an annual budget which shall be submitted to the council and included in the budget of the council submitted to the Lieutenant-Governor in Council.

             (4)  The council may provide to the commission the financial assistance that is considered appropriate by the council.

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Banking, accounts and audit

        9. (1) The commission shall maintain in its own name one or more accounts in a chartered bank, credit union or trust company.

             (2)  Notwithstanding the Financial Administration Act , all revenue realized by the commission through the conduct of the business of the commission or otherwise shall be deposited to the credit of the accounts established under subsection (1) and shall be used by the commission in carrying out its objects and exercising its powers.

             (3)  The accounts of the commission shall be audited annually by an independent auditor appointed by the council.

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Powers of commission

      10. The commission may

             (a)  govern, regulate and supervise harness racing in all of its forms relevant and related to pari-mutuel betting;

             (b)  govern and regulate inter-track betting, separate-pool betting, foreign-race inter-track betting and foreign-race separate-pool betting in accordance with the Pari-Mutuel Betting Supervision Regulations made under the Criminal Code ;

             (c)  govern, regulate and supervise the operation of race tracks;

             (d)  recommend home-market areas to the Canadian Pari-Mutuel Agency for the purpose of telephone-account betting in accordance with the Pari-Mutuel Betting Supervision Regulations made under the Criminal Code ;

             (e)  establish uniform rules for the conduct of harness racing;

             (f)  license track operators and impose those terms and conditions on a licence as the commission considers appropriate;

             (g)  license owners, trainers, drivers, grooms and those other persons in or about race tracks and impose those terms and conditions on a licence as the commission considers appropriate;

             (h)  on written application to the commission by the person affected, revoke, suspend or vary a term or condition imposed on a licence by the commission;

              (i)  fix and collect fees or other charges for licences and prescribe the form of licences and the conditions under which licences may be issued;

              (j)  refuse the granting of a licence;

             (k)  make, adopt or incorporate by reference rules for the conduct of harness racing;

              (l)  fix, impose and collect fines, not exceeding $5,000 dollars, and other penalties for the violation of

                      (i)  a term or condition imposed by the commission,

                     (ii)  a rule made, adopted or incorporated by reference by the commission, and

                    (iii)  an order of the commission, or of a harness racing judge or board to which the commission has delegated powers under this Act;

           (m)  recruit, train, evaluate, license and employ harness racing judges and those other officials and staff as the commission considers appropriate to attend at harness racing meets on behalf of the commission;

             (n)  approve the appointment of race-track officials and employees whose duties relate to the actual running of harness races;

             (o)  require licensed track operators to keep books of account in a manner satisfactory to the commission;

             (p)  inspect at a reasonable time books of account referred to in paragraph (o);

             (q)  investigate an action by a person licensed or required to be licensed by the commission that allegedly constitutes conduct detrimental to harness racing and, for that purpose, engage the services of a licensed private investigator;

              (r)  hold hearings relating to the carrying out of the powers of the commission;

             (s)  in addition to the power to hold hearings under paragraph (r), hold a hearing in respect of a person who is licensed or required to be licensed by the commission or who participates in harness racing at any track when

                      (i)  a written and signed complaint is made to the commission concerning an action of the person that may indicate conduct detrimental to harness racing, or

                     (ii)  the commission has reasonable and probable grounds to believe that the person has engaged in conduct detrimental to harness racing;

              (t)  at the conclusion of a hearing, suspend or revoke a licence;

             (u)  on written application to the commission by the person affected, reinstate a licence that has been suspended or revoked and impose those terms and conditions on the reinstated licence that the commission considers appropriate;

             (v)  when it delegates to a harness racing judge or to the board the power to hold a hearing, delegate to the judge or the board any of its powers and duties in relation to hearings;

            (w)  intervene as a facilitator or mediator for the purpose of convening parties to attempt to bring resolution to matters in dispute where it considers it necessary for the governance, regulation and integrity of harness racing and delegate this power to a person;

             (x)  make by-laws for the conduct of the business of the commission and for the control and direction of the work of the commission, including for the conduct of hearings; and

             (y)  do those other things relating to harness racing or to the operation of race tracks that are authorized or directed by the Lieutenant-Governor in Council.

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Delegation of powers by commission

      11. The commission may delegate to harness racing judges the following powers that the commission considers appropriate:

             (a)  to enforce the carrying out and observance of the rules, terms and conditions established by the commission;

             (b)  to impose and collect fines and other penalties for the contravention of a rule, term or condition established by the commission; and

             (c)  to hold hearings in respect of the contravention of a rule, term or condition established by the commission.

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Powers of commission respecting hearing

      12. (1) In relation to a hearing under this Act, the commission may summon a person, by a summons to witness signed by the chairperson of the commission and require that person to give evidence on oath or affirmation and to produce those documents and things that the commission considers necessary for the hearing.

             (2)  The commission shall give a person in respect of whom a hearing is held an opportunity to give evidence on oath or affirmation, to cross-examine witnesses and to call witnesses to give evidence on oath or affirmation.

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Powers of inquiry

      13. In relation to a hearing under this Act relating to matters arising in the province, the commission, the board or a person to whom the power to hold hearings is designated, is vested with the powers and privileges of a commissioner under the Public Inquiries Act, 2006 .

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Review of decision

      14. A person who is aggrieved by a decision made by a person under a delegation made under section 11 may, within 48 hours after being notified of the decision, request in writing a hearing by the commission, in which case the commission shall, as soon as practicable, hold a hearing and may exercise the powers of the commission under section 10 at that hearing as if those powers had not been delegated.

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Provincial boards

      15. The commission may establish in each of the Atlantic provinces a provincial board or may designate an existing board to act as a provincial board and may delegate any of its functions under paragraph 10 (s) and section 14 to that board.

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Annual report and requests for information

      16. (1) The commission shall, before July 1 in each year, submit to the council an annual report containing

             (a)  a review of the commission's activities during the preceding fiscal year;

             (b)  recommendations with respect to the operation, governance and regulation of harness racing in the Atlantic provinces ; and

             (c)  the audited financial statements of the commission for the preceding fiscal year.

             (2)  Notwithstanding subsection (1), the council may request information respecting harness racing in the Atlantic provinces and the commission shall provide the information.

             (3)  The minister shall table the annual report in the House of Assembly within 15 days after the minister receives it or, if the House is not then sitting, within 15 days after the commencement of the next sitting.

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Statutes and Subordinate Legislation Act

      17. The Statutes and Subordinate Legislation Act does not apply to

             (a)  a term or condition imposed under this Act;

             (b)  a rule made, adopted or incorporated by reference under this Act;

             (c)  a form or condition prescribed under this Act; or

             (d)  a by-law or order made under this Act.

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Commencement

      18. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.  (In force - Oct. 9/15)

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