|
33 |
|
|
|
|
Third
Session, 47th General Assembly 63
Elizabeth II, 2014 |
|
AN ACT RESPECTING THE |
|
Received and Read the First Time................................................................................................. |
|
Second |
|
Committee.......................................................................................................................................... |
|
Third |
|
Royal Assent...................................................................................................................................... |
|
HONOURABLE
ROSS WISEMAN Minister of Finance and President of Treasury Board |
|
Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would enact the Atlantic Provinces Harness Racing Commission
Act. The commission would have unified jurisdiction with other |
A BILL AN ACT RESPECTING THE Analysis 1. Short title 2. Interpretation 3. Purpose of Act 4.
5. Composition, appointment, term of office and vacancies 6. Meetings, quorum and voting 7. Director and other personnel 8. Remuneration, expenses, fiscal year, budget and financial assistance 9. Banking, accounts and audit 10. Powers of commission 11. Delegation of powers by commission 12. Powers of commission respecting hearing 13. Powers of inquiry 14. Review of decision 15. Provincial boards 16. Annual report and requests for information 17. Statutes and Subordinate Legislation Act 18. Commencement 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. 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) " (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 (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. 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 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 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. (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 (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. 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 (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. 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. 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. 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. (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. 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. 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. 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. 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. 15. The commission may
establish in each of the 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 (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 (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. 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. 18. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor
in Council. ©Queen's Printer |