Horse Racing Regulation

Horse Racing Regulation, M.R. 40/2022 The Liquor, Gaming and Cannabis Control Act , C.C.S.M. c. L153 NOTE: This regulation was enacted in English only. Regulation 40/2022 Registered March 30, 2022 Table of Contents Section 1 Definitions 2 Racing participant licence requirement 3 Deadline to apply for horse race track operator licence 4 Notice of race dates 5 Track and facility conditions 6 Race officials 7 Ambulances and emergency medical responders 8 Office space for authority staff and officials 9 Licence requirement 10 Authorized agents 11 Thoroughbred trainer testing requirement 12 Standardbred trainer testing requirement 13 Prohibition re use of other trainers 14 Jockey riding test requirement 15 Driver's licence requirement 16 Exercise rider application requirement 17 Restriction 18 Compliance with rules of racing 19 Alcohol and drug testing 20 Coming into force INTRODUCTORY PROVISIONS Definitions 1(1) The following definitions apply in this regulation. "Act" means The Liquor, Gaming and Cannabis Control Act. "former Act" means The Horse Racing Commission Act , R.S.M. 1987, c. H90. "racing participant licence" means a licence issued to a person under section 101.30 of the Act that authorizes a person to perform a specified role or carry out a specified function related to horse racing. "recognized horse racing authority" means a national, provincial or state organization that governs the conduct of thoroughbred or standardbred horse racing in Canada or the United States of America. 1(2) The following are prescribed as horse racing for the purpose of the definition of "horse racing" in subsection (1) of the Act: (a) thoroughbred horse racing on which pari-mutuel betting is permitted by the Canadian Pari-Mutuel Agency of Agricultural and Agri-Food Canada; (b) standardbred harness racing on which pari-mutuel betting is permitted by the Canadian Pari-Mutuel Agency of Agricultural and Agri-Food Canada ; (c) standardbred harness racing conducted for the purpose of qualifying courses to compete in a harness race meet at which pari-mutuel betting is permitted by the Canadian Pari-Mutuel Agency of Agricultural and Agri-Food Canada . Racing participant licence requirement 2 The following persons require a racing participant licence: (a) a jockey or driver; (b) a race horse trainer; (c) a race horse owner; (d) an exercise rider; (e) a groom; (f) a jockey agent. HORSE RACE TRACKS Deadline to apply for horse race track operator licence 3 A person applying for a horse race track operator licence must apply before December 31 of the year before the upcoming racing season, unless the executive director extends the deadline to apply. Notice of race dates 4(1) A licensed horse race track operator must give the authority written notice of all proposed live racing dates for the upcoming racing season by December 31, unless the executive director extends the deadline to provide notice of proposed racing dates. 4(2) The executive director may reject a proposed live racing date if they determine that the authority may not be able to provide sufficient race administration officials on the proposed date. 4(3) A licensed horse race track operator must not change a live racing date without obtaining prior written approval from the executive director. Track and facility conditions 5(1) A licensed horse race track operator must ensure that facilities at the race track are kept in good condition and that the condition of the track surface is properly maintained to ensure safe racing and training. 5(2) A race administration official may issue a written notice to a licensed horse race track operator that directs the operator to take specified measures to improve the safety of the track or the condition of facilities at the track by a deadline set out in the notice. 5(3) If the specified measures set out in the notice issued under subsection (2) are not taken by the deadline set out in the notice, the race administration official may suspend racing and training at the race track until the measures have been implemented. Race officials 6 A licensed horse race track operator must ensure that all race officials required under the rules of racing are present at the race track whenever horse racing takes place. Ambulances and emergency medical responders 7 A licensed horse race track operator must ensure that an ambulance, qualified emergency medical responders and a vehicle equipped to transport an injured horse are present at the race track at all times when racing or training takes place. Office space for authority staff and officials 8 On the request of the executive director, a licensed horse race track operator must provide adequate office space for the use of authority staff and race administration officials. RACE HORSE OWNERS Licence requirement 9(1) Any person who owns any interest in a race horse must hold a race horse owner's licence. 9(2) If a corporation applies for a race horse owner's licence, the names of all shareholders in the corporation must be disclosed in the application for the licence. If there is a change in any shares of the corporation, the corporation must immediately provide the authority with particulars of the change. Authorized agents 10(1) A licensed race horse owner may authorize a person to act on behalf of the owner. The owner must provide the authority with written notice of the appointment of their agent. 10(2) The owner of a race horse is responsible for all actions of their authorized agent. TRAINERS Thoroughbred trainer testing requirement 11(1) A person applying for a thoroughbred trainer licence must pass a written test of horse training knowledge prepared by a race administration official. 11(2) Subsection (1) does not apply if an applicant (a) held a thoroughbred trainer licence issued under the Act or the former Act in the previous five-year period that was not cancelled or suspended; or (b) held a thoroughbred trainer licence issued by another province, an American state or a recognized horse racing authority in the previous five-year period that was not cancelled or suspended. Standardbred trainer testing requirement 12(1) A person applying for a standardbred trainer licence must pass a written test of horse training knowledge prepared by a race administration official. 12(2) Subsection (1) does not apply if an applicant (a) held a standardbred trainer licence issued under the Act or the former Act in the previous five-year period that was not cancelled or suspended; or (b) held a standardbred trainer licence issued by another province, an American state or a recognized horse racing authority in the previous five-year period that was not cancelled or suspended. Prohibition re use of other trainers 13(1) Subject to subsection (2), a licensed trainer must not allow any other person to train horses that are being trained by the licensed trainer. 13(2) A licensed trainer may allow another licensed trainer to train horses under their care if they give written notice to the authority of the name of the substitute trainer and the period of time in which the substitute trainer will train their horses. JOCKEYS AND DRIVERS Jockey riding test requirement 14(1) A person applying for a jockey licence must demonstrate to a steward or other race administration official that they can safely and competently ride a thoroughbred horse in race conditions. 14(2) Subsection (1) does not apply if an applicant (a) held a thoroughbred jockey licence issued under the Act or the former Act in the previous five-year period that was not cancelled or suspended; or (b) held a thoroughbred jockey licence issued by another province, an American state or a recognized horse racing authority in the previous five-year period that was not cancelled or suspended. Driver's licence requirement 15(1) A person applying for a standardbred driver licence must demonstrate to a steward or other race administration official that they can safely and competently drive a standardbred horse in race conditions. 15(2) Subsection (1) does not apply if an applicant (a) held a standardbred driver licence issued under the Act or the former Act in the previous five-year period that was not cancelled or suspended; or (b) held a standardbred driver licence issued by another province, an American state or a recognized horse racing authority in the previous five-year period that was not cancelled or suspended. EXERCISE RIDERS Exercise rider application requirement 16 A person applying for an exercise rider licence must demonstrate to a steward or other race administration official that they can safely and competently ride a thoroughbred horse. JOCKEY AGENTS Restriction 17 The holder of a jockey agent licence must not hold another racing participant licence. MISCELLANEOUS PROVISIONS Compliance with rules of racing 18 The holder of a racing participant licence or a horse race track operator licence must ensure that every person they employ or retain to provide services in relation to their licensed role or activity complies with all applicable rules of racing. Alcohol and drug testing 19(1) Jockeys, drivers and exercise riders may be tested for alcohol and drugs. Testing may occur (a) at regularly scheduled intervals; (b) based on a random selection; and (c) if there are reasonable grounds to suspect that a person may be under the influence of alcohol or drugs. 19(2) Alcohol and drug testing must take place at the horse race track or at a location specified by a race administration official when a person is advised that they are to be tested for alcohol or drugs. 19(3) If a person is required to provide a urine sample, the provision of the sample must be monitored by a person of the same sex and the taking of the sample is to be carried out in a manner that shows due respect for the privacy of the person providing the sample. Coming into force 20 This regulation comes into force on the same day that The Horse Racing Regulatory Modernization Act (Liquor, Gaming and Cannabis Control Act and Pari-Mutuel Levy Act Amended) , S.M. 2021, c. 7 , comes into force. March 28, 2022 Liquor, Gaming and Cannabis Authority of Manitoba: Stéphane D. Dorge Acting Chair