1993 Legislative Session: 2nd Session, 35th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HOUNOURABLE COLIN GABELMANN
ATTORNEY GENERAL
Contents
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 In this Act "appeal board" means an appeal board appointed under section 17 (3) (a) (i);
"association" means an association as defined in section 204 (11) of the Criminal Code;
"commission" means the British Columbia Racing Commission continued under section 2 (1);
"designated race horse training centre" means any site at which the training of race horses is conducted and that is designated in the regulations as a designated race horse training centre;
"horse racing" includes the conduct or presentation of all types of racing in which horses participate;
"race day" means a day assigned to an association by the commission under section 11 on which the association may carry on horse racing;
"race meeting" means a series of any type of horse races conducted or presented by any person whether on one day or each of a series of days;
"rules" means the rules made under section 22 (1).
2 (1) The British Columbia Racing Commission, composed of not fewer than 3 members appointed by the Lieutenant Governor in Council, is continued as a corporation.
(2) The Lieutenant Governor in Council may fix the terms of office of the members of the commission.
(3) The members of the commission are entitled to be paid the remuneration approved by the Lieutenant Governor in Council and are entitled to be reimbursed for reasonable travelling and out of pocket expenses incurred by them as members of the commission.
3 (1) The Lieutenant Governor in Council may designate a member of the commission as chair and one or more other members as vice chair.
(2) The commission may adopt procedures
(a) for conducting its affairs, and
(b) concerning the calling, holding and conducting of its meetings.
4 (1) The commission is responsible for regulating horse racing and may
(a) regulate the operation of all sites in British Columbia at which horse racing is carried on,
(b) regulate the operation of all designated race horse training centres,
(c) enforce observance of and compliance with this Act and all regulations and rules made under this Act, and
(d) do other things relating to horse racing as authorized or directed by the Lieutenant Governor in Council.
(2) The commission may, under the Public Service Act, employ the officials, clerks and other employees it considers necessary to allow it to exercise its powers and perform its duties under this Act.
(3) Subject to subsection (4), the commission may, in writing, delegate all or any of the powers conferred on it by this Act to any one or more members of the commission or to any one or more persons or classes of persons appointed or employed by the commission.
(4) The commission may not delegate the power to make rules under section 22.
(5) The commission may hold hearings relating to any of its powers or duties under this Act.
5 (1) A person must not hold a race meeting, manage or operate a race track or designated race horse training centre, aid in, enter in, judge, start, race in, drive in or ride in a horse race within British Columbia or do any other act in any way related to horse racing unless the person is licensed to do so under this Act.
(2) The prohibitions contained in subsection (1) do not apply to the following:
(a) race meetings or horse racing of a prescribed type exempted by the commission;
(b) other race meetings or horse racing exempted by the Lieutenant Governor in Council.
6 (1) On application, the commission may, in its absolute discretion, and subject to the terms and conditions it considers appropriate, issue or renew or refuse to issue or renew any licence required under this Act.
(2) If the commission refuses to issue or renew a licence to an applicant, the commission must, on request, provide written reasons to the applicant for its refusal.
7 A licence issued or renewed by the commission before the coming into force of this Act is deemed to have been validly issued or renewed under this Act.
8 A licensee must not do any act for which a licence is required under section 5 other than in conformity with
(a) this Act,
(b) the regulations,
(c) the rules, and
(d) the terms and conditions of the licence.
9 No licence may be assigned or transferred.
10 A person must not carry on horse racing except on a day assigned to that person by the commission as a race day.
11 (1) The commission may, in its absolute discretion and subject to the terms and conditions it considers appropriate, assign, in writing, race days to an association.
(2) An assignment of race days by the commission under subsection (1) is final and conclusive and is not open to question or review in a court on any grounds.
12 (1) In this section "municipality" does not include the City of Vancouver.
(2) Despite anything in this Act, Division 1 of Part 11 of the Municipal Act and sections 203 and 272 to 278 of the Vancouver Charter remain in effect, but the council of a municipality does not, under section 508 of the Municipal Act, and the council of Vancouver does not, under section 275 of the Vancouver Charter, have power to refuse to issue to a person who, under section 11 of this Act, holds authority to carry on horse racing in the municipality or in Vancouver, as the case may be, a licence to carry on the activity for which the person holds the authority.
13 (1) In this section "retention period" means, in respect of a record, thing, substance or sample removed under subsection (3) that is or may be produced in evidence at any disciplinary hearing or other proceeding under this Act, the period beginning on the day that the record, thing, substance or sample is removed and ending on the day that the last appeal period related to any decision made at the disciplinary hearing or proceeding or at any appeal arising from it expires.
(2) The commission, a person appointed or employed by the commission for the purposes of this section or any judge or steward employed under section 4 (2) to attend at race meetings, race tracks or designated race horse training centres on behalf of the commission may, for the purposes of ensuring that this Act, the regulations, the rules and the terms and conditions of a licence are being complied with,
(a) enter and inspect any part of the grounds of a race track or designated race horse training centre including, without limitation,
(i) any stables, stands and parking areas operated as part of or in conjunction with the race track or the designated race horse training centre,
(ii) any property used by the licensee to operate the race track or designated race horse training centre, and
(iii) any property used in conjunction with the operation of the race track or designated race horse training centre,
(b) inspect any property including, without limitation, motor vehicles, brought on to the grounds of a race track or designated race horse training centre by or on behalf of a licensee,
(c) require any person who is participating in or who is in any way associated with horse racing including, without limitation, a race meeting or the operation of a race track or designated race horse training centre, and who has possession of or control over any records or things relating to horse racing, including, without limitation, the race meeting, the race track or the designated race horse training centre, to promptly produce the records and things that may be relevant to the inspection,
(d) attend during business hours at the business premises of a licensee, other than business premises referred to in paragraph (a), and require any person who has possession of or control over any of the records or things that a licensee is required to maintain by this Act, the regulations, the rules or the terms and conditions of the licence or that are otherwise related to horse racing, including, without limitation, a race meeting or the operation of a race track or designated race horse training centre, to promptly produce the records and things that may be relevant to the inspection,
(e) require a licensee to respond promptly to or to promptly provide sworn statements in response to inquiries made by the person conducting the inspection,
(f) if a thing produced under paragraph (c) or (d) is or contains a substance, take the thing or the substance or a sample of the thing or the substance, and
(g) inspect, audit, examine and copy or take extracts from the records and things produced under paragraph (c) or (d) that are relevant to the inspection.
(3) A person conducting an inspection under subsection (2) may
(a) remove any record or thing produced under subsection (2) (c) or (d) for the purposes of making copies or extracts of the record or thing, and
(b) remove any thing or substance or any sample of a thing or substance taken under subsection (2) (f) for the purposes of testing or analyzing the thing or the substance.
(4) A person removing a record or thing under subsection (3) (a) must give a receipt for it to the person by whom it was produced and must, if requested to do so within 60 days after the end of the retention period, return the record or thing within a reasonable time after the request.
(5) A person removing a thing or substance or any sample of a thing or substance for testing or analysis under subsection (3) (b) must give a receipt for it to the person by whom it was produced and must, if requested to do so within 60 days after the end of the retention period, return within a reasonable time after the request the portion of the thing or substance, if any, that was not required for the testing or analysis.
(6) If records or things inspected under subsection (2) (g) or removed under subsection (3) (a) are copied, the copies, if certified by the person who made them as being true copies of the originals, are admissible in evidence to the same extent, and have the same evidentiary value, as the original records or things without proof of the appointment or signature of the person who certified them.
14 (1) The commission, a person appointed or employed by the commission for the purposes of this section or any judge or steward employed under section 4 (2) to attend at race meetings, race tracks or designated race horse training centres on behalf of the commission may, for the purposes of ensuring that this Act, the regulations, the rules and the terms and conditions of a licence are being complied with, require a licensee
(a) to submit to a search of the licensee's person, and
(b) to provide samples of the licensee's blood, saliva, urine, breath or other materials for testing or analysis.
(2) A licensee must comply with a demand made under subsection (1).
(3) The commission and any veterinarian or other person employed to do so by the commission may, for the purposes of ensuring that this Act, the regulations, the rules and the terms and conditions of a licence are being complied with, make tests and analyses of any horses that are on the premises of a race track or designated race horse training centre or that participate in a race meeting and, for that purpose, may
(a) enter any part of the grounds of a race track or designated race horse training centre, including, without limitation, any stables operated as part of or in conjunction with a race track or designated race horse training centre, and
(b) take samples from the horses of blood, saliva, urine or other materials necessary for the tests or analyses.
15 (1) When required to do so by a person conducting an inspection under section 13 or making a test or analysis under section 14 (3), a licensee must provide
(a) to the person conducting an inspection under section 13, all records, things, substances and samples and all statements and information that the person conducting the inspection is entitled to have produced or provided under section 13, and
(b) to the person conducting a test or analysis under section 14 (3), unhindered access to any horses that the person making the test or analysis may require.
(2) A person must not
(a) destroy, alter or refuse to produce any record, thing or substance required by a person conducting an inspection under section 13, or
(b) prevent or interfere with or attempt to prevent or interfere with the lawful exercise by a person referred to in section 13 or 14 (3) of any power conferred on that person under the applicable section.
16 (1) In addition to any other powers the commission has under this Act, the commission may take action against a licensee under this section for any of the following reasons:
(a) the licensee's failure to comply with a requirement of this Act, the regulations, the rules or a term or condition of the licence;
(b) conviction of the licensee of an offence under the laws of Canada, a province or any other jurisdiction or under the bylaws of a municipality or regional district if the commission considers that the nature or circumstances of the offence render the person unsuitable for licensing;
(c) the existence of a circumstance that would prevent the issue of a licence to the licensee;
(d) suspension or cancellation of a municipally, regionally, provincially or federally granted licence, permit or certificate that the licensee is required to hold in order to carry out the activities for which the licensee holds a licence under this Act.
(2) If the commission has the right under subsection (1) to take action against a licensee, the commission may do any one or more of the following with or without a hearing:
(a) issue a warning to the licensee;
(b) impose terms and conditions on the licensee's licence or rescind or amend existing terms and conditions on the licence;
(c) impose a fine on the licensee within the limits prescribed;
(d) suspend or cancel the licence, in whole or in part;
(e) deny the licensee the privileges of the grounds in respect of any one or more race tracks.
(3) The commission must, on request, give written reasons for any action taken under subsection (2) (b) to (e).
(4) Suspension or cancellation of a licence takes effect on the date that the licensee is informed of the suspension or cancellation.
(5) The commission may lift or stay the suspension of a licence after imposing on the licence the additional terms and conditions, if any, that the commission considers appropriate.
(6) Before cancelling a licence under subsection (2) (d), the commission must give the licensee notice of the reasons for the proposed cancellation and an opportunity to show why the licence should not be cancelled.
17 (1) Subject to subsection (5), an appeal may be brought under this section by a person in respect of any of the following decisions:
(a) to refuse to issue or renew a licence to the appellant;
(b) to take an action against the appellant under section 16 (2) (b) to (e);
(c) to impose terms or conditions on the appellant's licence under section 6 (1) or 16 (5).
(2) Subject to subsection (3) (b), an appeal may be brought under subsection (1) by filing a notice of appeal with the commission not more than 30 days after the appellant receives notice of the matter being appealed.
(3) Not more than 30 days after receiving a notice of appeal, the chair of the commission must
(a) if there are 3 or more members of the commission who were not involved in making the decision being appealed,
(i) appoint an appeal board consisting of 3 members of the commission who were not involved in making the decision, and
(ii) appoint a member of the appeal board as the chair of that board, or
(b) in any other case, inform the appellant that an appeal board cannot be appointed under this section.
(4) An appeal board may confirm, reverse or vary the decision appealed.
(5) No appeal from a decision of an appeal board may be brought under this section.
18 (1) An appeal from a decision of an appeal board lies to the Court of Appeal with leave of a justice of that court.
(2) If, under section 17 (3) (b), an appeal board cannot be appointed to hear an appeal from a decision, an appeal from the decision lies to the Court of Appeal with leave of a justice of that court.
(3) An appeal may be brought under this section not more than 30 days after
(a) in the case of an appeal referred to in subsection (1), the appellant is informed of the decision in respect of which the appellant may appeal, or
(b) in the case of an appeal under subsection (2), the appellant is informed under section 17 (3) (b) that an appeal board cannot be appointed under that section.
19 The commission, for the purposes of section 4 (5), and an appeal board, for the purposes of section 17, has the powers, privileges and protections of sections 12, 15 and 16 of the Inquiry Act given to a commissioner appointed under Part 2 of that Act.
20 (1) No action for damages or other proceeding lies or may be brought against the commission, a member of the commission, a person employed or retained by the commission or otherwise subject to its direction or any other person to whom a power has been provided under this Act because of anything done or omitted to be done in good faith
(a) in the performance or intended performance of any duty under this Act, or
(b) in the exercise or intended exercise of any power under this Act.
(2) Subsection (1) does not absolve the commission from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.
21 (1) The commission must make an annual report to the minister.
(2) In addition to the report referred to in subsection (1), the commission must, at the request of the minister, report on specific matters in the manner and at the times required by the minister.
22 (1) Subject to any limitations the Lieutenant Governor in Council may prescribe, the commission may make rules dealing with all aspects of horse racing, including, without limitation, rules
(a) respecting the issue and renewal of licences,
(b) requiring the licensing of race horse owners, race horse trainers, drivers, jockeys, apprentice jockeys, grooms, jockeys' agents, jockeys' valets, exercise riders, tradespersons, concessionaires and other persons working or employed in or about race tracks, or employed by the operators of race tracks or by persons carrying on horse racing,
(c) requiring licensees or classes of licensees to do or refrain from doing any one or more things related to or in any way connected with horse racing,
(d) establishing the types of licences that may be issued under this Act, the nature and extent of the activities that may be conducted, managed or operated under each type of licence and the terms and conditions of each type of licence,
(e) establishing the qualifications that an applicant must hold to be eligible to obtain a licence of any type, and the criteria by which those qualifications may be determined,
(f) respecting the form and content of and the information to be supplied in an application for a licence under this Act,
(g) imposing terms and conditions on any licence,
(h) respecting the form and content of any licence,
(i) requiring a licensee, as one of the conditions of a licence, to file reports with the commission,
(j) specifying the form, manner of filing, times of filing and information and records to be included with the reports required under paragraph (i),
(k) fixing expiry dates for licences, with power to fix different dates for different licences and different types of licences,
(l) requiring a licensee to keep the records, in the form and at the place ordered by the commission,
(m) requiring the owners of race horses to register racing colours, assumed names, partnerships and contracts, and any other matters and things that the commission considers appropriate,
(n) specifying certain duties that associations must perform in relation to horse racing,
(o) respecting the conduct of race meetings and the operation and management of race tracks including, without limitation, rules respecting the disqualification of horses, the redistribution of purse money, the return of any purse money or prizes and the return of any claimed horse and the consideration paid for it,
(p) respecting the operation and management of designated race horse training centres,
(q) requiring an association operating a race track to permit the training of horses on the track for the periods and on the terms the commission considers appropriate, and
(r) delegating any of the powers the commission is authorized to delegate under section 4 (3).
(2) The commission may amend the rules as required.
(3) The commission must provide to the Lieutenant Governor in Council copies of the rules and amendments to the rules made under this section promptly after those rules and amendments are made.
(4) The rules may specify that the approval or consent of a member of the commission or some other specified person is required before a specified action may be taken.
(5) If there is a conflict between a provision of the rules and a provision of this Act or the regulations, the provision of this Act or the regulations prevails.
23 (1) Sections 4 and 5 of the Offence Act do not apply to this Act.
(2) A person who contravenes section 15 commits an offence and is liable to a fine of not more than $5 000 or to imprisonment for not more than 6 months, or to both, and each day's contravention of section 15 constitutes a new and distinct offence.
(3) A person who, in contravention of this Act or the regulations, holds a race meeting, manages or operates a race track or designated race horse training centre, aids in, enters in, participates in, judges, starts, races in, drives in or rides in a horse race within British Columbia or does any other act in any way related to horse racing commits an offence and is liable on conviction to a fine of not more than $5 000, and each day's continuance of the contravention constitutes a new and distinct offence.
(4) If a corporation commits an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is, despite the conviction of the corporation, liable to the penalty for the offence.
(5) A proceeding, conviction or penalty for an offence under this Act does not relieve a person from any other liability.
24 (1) The Lieutenant Governor in Council may make regulations as authorized by section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the powers and duties of the chair and of the other members of the commission and conferring on the commission the powers considered necessary to permit the commission to perform its duties under this Act;
(b) prescribing limits on any of the powers of the commission under this Act;
(c) prescribing the rules, practices and procedures to be followed by an appeal board in performing its duties and functions and in exercising its powers;
(d) authorizing or directing the commission to do one or more things relating to horse racing;
(e) designating a site at which race horse training is conducted as a designated race horse training centre;
(f) specifying the types of race meetings or horse racing that the commission may exempt from the prohibitions contained in section 5 (1);
(g) imposing fees for anything done or permitted to be done under this Act, including, without limitation, for the application for and the issue or renewal of any licence under this Act, with power to prescribe different fees for different classes of persons or licences, and requiring the payment of money, in addition to the fees, to cover expenses for anything done or permitted to be done under this Act;
(h) prescribing limits on the amount of any fine that may be imposed under this Act;
(i) providing for the approval by the commission of the appointments of race track or designated race horse training centre officials or employees whose duties relate to the actual running of horse races, and for compelling the discharge for cause of those officials or employees.
25 The Horse Racing Act, R.S.B.C. 1979, c. 174, is repealed.
26 Section 1 of the Horse Racing Tax Act, R.S.B.C. 1979, c. 175, is amended
(a) in the definition of "operator" by striking out "conducts" and substituting "holds",
(b) in the definition of "operator" by striking out "at a race course operated by him." and substituting "referred to in this Act;", and
(c) by adding the following definition:
"race meeting" has the same meaning as in the Horse Racing Act."
27 Section 2 (1) and (2) is amended by striking out "at a racecourse" wherever it appears.
28 Section 5 is amended by striking out "a racecourse" and substituting "a site at which a race meeting is held".
29 This Act comes into force by regulation of the Lieutenant Governor in Council.
The purpose of this Bill is to re-enact the Horse Racing Act, R.S.B.C. 1979, c. 174, to more clearly delineate the role and responsibilities of the British Columbia Racing Commission and to provide the rule making, inspection and enforcement powers necessary to ensure the integrity of horse racing in British Columbia.
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