The Combative Sports Act

The Combative Sports Act, C.C.S.M. c. C150.3 (Assented to July 27, 1993) bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions COMMISSION 2 Commission continued 3 Mandate 4 Members 5 Chairperson 6 Quorum and voting 7 By-laws and procedure 8 Staff 9 Investigation and hearing 10 Records 11 Financial arrangements 12 Audit 13 Immunity from action LICENCES AND EVENT PERMITS 14 Licences 15 Event permits 16 Terms and conditions 17 Refusal to issue 18 Hearings re contraventions of Act 19 Interim suspension 20 Orders 21 Appeal FEE ON GATE RECEIPTS 22 Fee on gate receipts ENFORCEMENT 23 Inspectors 24 Powers of inspectors 25 Order stopping contest or event 26 Impounding gate receipts 27 Recovery of money owing to commission GENERAL PROVISIONS 28 Repealed 29 Delegation 30 Offences 31 Regulations 32 Repeal 33 C.C.S.M. reference 34 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1 In this Act, "combative sport" means boxing, mixed martial arts or any similar sport prescribed or described by regulation; (« sport de combat ») "commission" means the Manitoba Combative Sports Commission continued under section 2; (« Commission ») "court" means the Court of King's Bench; (« tribunal ») "designated amateur combative sport" means an amateur combative sport for which the Lieutenant Governor in Council has designated the commission as the body that must give its permission for a contest in that sport to occur under section 83 of the Criminal Code (Canada); (« sport de combat amateur désigné ») "event permit" means an event permit issued under section 15; (« permis de manifestation sportive ») "inspector" means a person appointed as an inspector under section 23; (« inspecteur ») "licence" means a licence issued under section 14; (« licence ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. (« ministre ») S.M. 1996, c. 67, s. 3 ; S.M. 2012, c. 40, s. 4 ; S.M. 2015, c. 32, s. 3 ; S.M. 2023, c. 31, s. 2 . COMMISSION Commission continued 2 The Boxing Commission is continued as a body corporate under the name "Manitoba Combative Sports Commission". S.M. 1996, c. 67, s. 4 ; S.M. 2012, c. 40, s. 4 ; S.M. 2015, c. 32, s. 4 . Mandate 3 The commission is responsible for licensing and regulating contests and exhibitions in professional combative sports and designated amateur combative sports in Manitoba. S.M. 1996, c. 67, s. 5 ; S.M. 2015, c. 32, s. 5 ; S.M. 2023, c. 31, s. 3 . Members 4(1) The commission shall consist of three members appointed by order of the Lieutenant Governor in Council. Term of members 4(2) The members shall hold office for the term fixed in the order appointing them, and each member shall continue to hold office until reappointed, until the appointment is revoked, or until a successor is appointed. Remuneration 4(3) The members shall be paid the remuneration that the Lieutenant Governor in Council determines and payment shall be made from the fund referred to in section 11. Chairperson 5(1) The Lieutenant Governor in Council shall designate one of the members as chairperson of the commission. Interim chairperson 5(2) In the absence or incapacity of the chairperson, the commission may designate one of its members as chairperson on an interim basis. Quorum 6(1) Two members of the commission constitute a quorum. Voting 6(2) At any meeting of the commission, a majority vote of the members determines a question, and if there is a tie vote, the chairperson has a casting vote. Meetings by telephone 6(3) If the members of the commission agree, a member may participate in a meeting of the commission by telephone or other means of communication that permits all of the persons participating to hear each other, and a member so participating is considered to be present at the meeting. By-laws 7(1) The commission may make by-laws for the internal management of its affairs. Procedure 7(2) The commission may determine its own practice and procedure. Staff 8 The minister may provide clerical and administrative support to the commission to enable it to carry out its functions under this Act. Investigation and hearing 9(1) The commission may investigate and hold a hearing on any matter relating to professional or designated amateur combative sports. Part V of Evidence Act powers 9(2) For the purpose of subsection (1), the members of the commission have the powers of commissioners under Part V of The Manitoba Evidence Act . S.M. 1996, c. 67, s. 6 ; S.M. 2015, c. 32, s. 6 ; S.M. 2023, c. 31, s. 4 . Records 10(1) The commission shall prepare and maintain complete and accurate records of its proceedings and keep such accounts of its revenues and expenditures as the Minister of Finance may require. Report to the minister 10(2) The commission shall, annually within four months after the end of its fiscal year, make a report to the minister on its operations during that year, and include in the report any information that the minister may request. Fund 11(1) Despite The Financial Administration Act , the commission shall establish a fund to which shall be credited all money received under this Act, and for the purpose of administering the fund the commission may maintain an account in a bank, credit union or trust company. Payments from fund 11(2) From the fund, the commission shall pay the remuneration and expenses of its members as well as any expenses it incurs in carrying out its functions under this Act. Working capital 11(3) The Minister of Finance, when requested to do so by the minister and with the approval of the Lieutenant Governor in Council, may advance to the commission for use as working capital, without legislative authority or appropriation other than this section, such additional money as is stated in the requisition. Repayment of advances 11(4) An advance made under subsection (3) shall be non-interest bearing and must be repaid by the commission in the manner and on such terms and conditions as the Minister of Finance may fix. Surplus 11(5) The Minister of Finance may direct that any surplus in the revenues of the commission over expenses be paid into the Consolidated Fund. Audit 12 An auditor designated by the minister shall at least once annually examine and audit the records, accounts and financial transactions of the commission, prepare a report with respect to that audit and provide a copy of the report to the commission and the minister. Immunity from action 13 No action or proceeding may be commenced against the commission, a member of the commission or an inspector for any act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act, or for any neglect or default in the performance of a duty or the exercise of a power in good faith. S.M. 2023, c. 31, s. 5 . LICENCES AND EVENT PERMITS Combative sports licences 14(1) Except when permitted by regulation, no person shall conduct, promote, be a contestant in or act as a matchmaker, manager, trainer, second, referee, judge or timekeeper in a professional or designated amateur combative sports contest or exhibition except under the authority of a licence issued by the commission for that purpose. No licence to be issued to a minor 14(1.1) Subject to subsection (1.2), the commission must not issue a licence to a person who is less than 18 years of age. Exception 14(1.2) A contestant licence may be issued to a person who is less than 18 years of age if the person is a contestant in a designated amateur combative sport prescribed by regulation. 14(2) [Repealed] S.M. 1996, c. 67, s. 7 . Application 14(3) A person may apply for a licence by filing an application with the commission in accordance with, and including the information and the fee required by, the regulations. S.M. 1996, c. 67, s. 7 ; S.M. 2015, c. 32, s. 7 ; S.M. 2023, c. 31, s. 6 . Event permit 15(1) No person shall conduct or promote a professional or designated amateur combative sports contest or exhibition unless the person holds an event permit issued by the commission for that contest or exhibition. Application 15(2) A person may apply for an event permit by filing an application with the commission in accordance with, and including the information and the fee required by, the regulations. Security 15(3) The commission may require an applicant for an event permit to provide a bond or other security to ensure that the contest or exhibition is held in accordance with this Act and the regulations. Form and amount of security 15(4) The bond or other security must be in the form and the amount required by the regulations. S.M. 1996, c. 67, s. 6 ; S.M. 2015, c. 32, s. 8 ; S.M. 2023, c. 31, s. 7 . Terms and conditions 16(1) The commission may, when issuing a licence or event permit or by written notice at any time, impose on the licence or event permit any terms and conditions the commission considers appropriate. Varying rules for minors 16(1.1) If contestants in a designated amateur combative sports contest or exhibition are less than 18 years of age, the commission may impose terms or conditions on the event permit that require the rules for the contest or exhibition to be modified in a specified manner. Compliance with Act and terms and conditions 16(2) The holder of a licence or event permit shall comply with this Act and the regulations and with any terms and conditions that are imposed on the licence or event permit. S.M. 2023, c. 31, s. 8 . Refusal to issue licence or event permit 17 When the commission refuses to issue a licence or event permit, it shall notify the applicant in writing and provide reasons for its decision. Hearings re contraventions of Act 18(1) The commission may hold a hearing when it has reason to believe that the holder of a licence or event permit has (a) contravened or permitted the contravention of this Act or the regulations; (b) engaged in fraud or collusion in relation to a professional or designated amateur combative sports contest or exhibition; or (c) acted in a manner that is contrary to the public interest. Notice of hearing 18(2) At least five days before the hearing, the commission shall give a notice to the holder of the licence or event permit (a) stating the date, time and place of the hearing; and (b) identifying in general terms the alleged contravention or other matter in respect of which the hearing will be held. Giving of notice 18(3) The notice must either be given to the holder of the licence or event permit personally or be sent by mail to the last address of the holder appearing in the commission's records. Sufficient notice 18(4) Even if a notice is not given in accordance with this section, it is sufficiently given if notice actually came to the attention of the holder of the licence or event permit within the time specified. Hearing in absence of holder 18(5) The commission may proceed with the hearing in the absence of the holder of the licence or event permit if it is satisfied that the holder was given notice of the hearing in accordance with this section. S.M. 1996, c. 67, s. 6 ; S.M. 2015, c. 32, s. 9 ; S.M. 2023, c. 31, s. 9 . Interim suspension 19 Before holding a hearing respecting a matter, the commission may, if it considers it to be in the public interest, suspend a licence or event permit until the matter has been determined. S.M. 1996, c. 67, s. 6 ; S.M. 2015, c. 32, s. 10 ; S.M. 2023, c. 31, s. 10 . Orders 20(1) If, after a hearing, the commission finds that the holder of a licence or event permit has acted in a manner described in clause 18(1)⁠(a), (b) or (c), it may, by order, do one or more of the following: (a) reprimand the holder; (b) impose additional conditions on the holder's licence or event permit; (c) suspend or cancel the holder's licence or event permit; (d) [repealed] S.M. 2023, c. 31, s. 11 ; (d.1) prohibit the holder from holding a licence or event permit for a term specified in the order; (e) fine the holder not more than $10,000.; (f) require the holder to pay all or part of the costs of the hearing and any investigation made by the commission before the hearing. Notice of order 20(2) On completion of the hearing, the commission shall give a copy of any order it has made to the holder of the licence or event permit, and the order shall include reasons for the commission's decision. Giving of order 20(3) The order must either be given to the holder of the licence or event permit personally or be sent by mail to the last address of the holder appearing in the commission's records. Order filed in court 20(4) The commission may file in the court a certified copy of an order made under clause (1)⁠(e) or (f) requiring the payment of money, and on being filed the order may be enforced in the same manner as a judgment of the court. S.M. 2023, c. 31, s. 11 . Appeal 21(1) A person whose application for a licence or event permit is refused under section 17 or against whom an order is made under subsection 20(1) may appeal the refusal or order to the court by filing a notice of application in the court within 30 days after being notified of the refusal or given a copy of the order. Appeal as a fresh matter 21(2) The hearing of the appeal shall be a fresh hearing and the court may consider any evidence that it considers relevant. Decision on appeal 21(3) On an appeal, the court may (a) confirm the refusal of the licence or event permit or direct that the licence or event permit be issued; (b) confirm, vary or quash an order; or (c) refer a matter back to the commission for further consideration in accordance with any direction of the court. FEE ON GATE RECEIPTS Meaning of "gross gate receipts" 22(1) In this section, "gross gate receipts" means the revenue derived from admissions to a contest or exhibition, after the deduction of taxes. Fee on gate receipts 22(2) Subject to subsection (3), a person who conducts or promotes a professional or designated amateur combative sports contest or exhibition shall pay to the commission a fee in an amount prescribed by regulation, which shall be not less than 1% and not more than 5% of the gross gate receipts for the contest or exhibition. Alternative fee 22(3) If the commission considers that the location or other circumstances of a proposed combative sports contest or exhibition make it inappropriate or impractical to levy a fee based on a percentage of gate receipts, it may require payment of any amount it considers appropriate in the circumstances instead of the percentage payable under subsection (2), in accordance with any requirements that may be prescribed by regulation. Payment of fees 22(4) A person who conducts or promotes a professional or designated amateur combative sports contest or exhibition must remit the amount payable under this section to the commission within seven days after the contest or exhibition is held. S.M. 1996, c. 67, s. 8 ; S.M. 2015, c. 32, s. 11 ; S.M. 2023, c. 31, s. 12 . ENFORCEMENT Inspectors 23(1) The commission may appoint any person, including a member of the commission, as an inspector for the purpose of this Act. Certificate to be provided 23(2) The commission shall provide an inspector with a certificate of appointment. Certificate to be produced 23(3) An inspector exercising a power under this Act shall produce his or her certificate of appointment when requested to do so. Powers of inspectors 24(1) An inspector may (a) at any reasonable time, enter any premises and make any inspection that is reasonably required for the purpose of enforcing this Act or the regulations; (b) examine or audit any documents, records or books of account or examine any thing found on the premises; and (c) after giving a receipt for them, remove from the premises any documents, records or books of account for the purpose of making copies or extracts. Warrant to enter 24(2) When a justice is satisfied by information on oath that there are reasonable grounds to believe that it is necessary to enter premises for the enforcement of this Act or the regulations, and that (a) a reasonable, unsuccessful effort to enter the premises has been made; or (b) there are reasonable grounds to believe that entry would be denied without a warrant; the justice may, on application without notice, issue a warrant authorizing an inspector, with such peace officers as are required to assist, to enter the premises, to take such action as an inspector may take under this Act and to use such force as may be necessary. Assistance to inspectors 24(3) The person in charge of premises referred to in subsection (1) and any person found on those premises shall (a) give the inspector all reasonable assistance to enable the inspector to carry out his or her functions under this Act; and (b) furnish the inspector with any information he or she may reasonably require for the enforcement of this Act or the regulations. Obstruction of inspectors 24(4) No person shall obstruct an inspector in the carrying out of his or her functions under this Act. Order stopping contest or event 25(1) If the commission or an inspector is satisfied that the holder of a licence or event permit has contravened this Act or the regulations, including failing to comply with a term or condition imposed on the holder's licence or event permit, the commission or the inspector may order that the combative sports event or a specific contest or exhibition not be held. Assistance of peace officers 25(2) The commission or an inspector may request the assistance of a peace officer when taking action under subsection (1). S.M. 1996, c. 67, s. 6 ; S.M. 2015, c. 32, s. 12 ; S.M. 2023, c. 31, s. 13 . Impounding of gate receipts, etc. 26(1) If the commission has reason to believe that a professional or designated amateur combative sports contest or exhibition is being or has been conducted in contravention of this Act or the regulations, it may order any person to deliver to it any money that was paid or may be payable in connection with the contest or exhibition, including the gate receipts, and such money shall be impounded by the commission pending an investigation into the matter. Investigation 26(2) The commission shall investigate a matter referred to in subsection (1) and if it is satisfied that there has been a contravention of this Act or the regulations, the commission may make an order respecting the disposition of the money, including an order that it be forfeited to the Crown in whole or in part. Release of impounded money 26(3) If, after an investigation, the commission finds that there has not been a contravention of the Act or regulations, it shall order any money impounded to be released. S.M. 1996, c. 67, s. 6 ; S.M. 2015, c. 32, s. 13 ; S.M. 2023, c. 31, s. 14 . Recovery of money owing to commission 27 The commission may recover any money owing to it under this Act by a civil action in the court. GENERAL PROVISIONS 28 [Repealed] S.M. 1996, c. 67, s. 9 . Delegation 29 The commission may delegate to one of its members any power conferred on the commission under this Act except (a) the power to hold a hearing or make an order under section 20; and (b) the power to make regulations. S.M. 2023, c. 31, s. 15 . Offences 30(1) A person who contravenes a provision of this Act or the regulations is guilty of an offence and is liable on summary conviction, (a) for a first offence, to a fine of not more than $5,000. or to imprisonment for a term of not more than two months, or to both a fine and imprisonment; and (b) for a second or subsequent offence, to a fine of not more than $25,000. or to imprisonment for a term of not more than six months, or to both a fine and imprisonment. Additional order 30(2) In addition to the penalty described in subsection (1), a justice may order a person convicted of contravening section 22 (payment of fee on gate receipts) to pay the amount owing under that section to the commission. Order filed in court 30(3) The commission may file in the court a certified copy of an order under subsection (2), and on being filed the order may be enforced in the same manner as a judgment of the court. Prosecution within two years 30(4) A prosecution under this Act may be commenced not later than two years after the commission of the alleged offence. S.M. 2023, c. 31, s. 16 . Regulations 31(1) The commission may make regulations (a) prescribing or describing one or more sports for the purpose of the definition "combative sport" in section 1; (a.1) respecting contests and exhibitions in professional and designated amateur combative sports, including (i) rules governing the conduct of such contests and exhibitions, and (ii) requirements for contestants, officials and others in such contests and exhibitions; (b) respecting licences and event permits, including (i) the form of application and the information required to be provided, (ii) the fees to be paid, (iii) the terms and conditions that may be imposed, and (iv) the refusal to issue and the suspension and cancellation of licences and event permits; (b.1) specifying the circumstances when a person does not require a licence; (b.2) prescribing designated amateur combative sports in which contestant licences may be issued to persons less than 18 years of age; (c) respecting the records, books and accounts to be kept by holders of licences and event permits; (d) requiring holders of licences and event permits to provide information to the commission at the times and in the manner directed by the commission; (e) respecting the security to be provided under section 15, including the form and amount of the security, the conditions on which and the manner in which it may be forfeited or realized upon and the disposition of the proceeds forfeited or realized upon; (f) respecting the duties of persons conducting professional and designated amateur combative sports contests and exhibitions; (g) establishing standards for refereeing and judging professional and designated amateur combative sports contests and exhibitions; (h) [repealed] S.M. 2023, c. 31, s. 17 ; (i) regulating or prohibiting the use of specified equipment during weigh-ins and contests or exhibitions; (j) respecting the safety of contestants, officials and others at professional and designated amateur combative sports contests and exhibitions; (k) respecting medical examinations for contestants and the availability of medical assistance during contests and exhibitions; (l) providing for the drug and alcohol testing of contestants on a random basis or otherwise; (m) respecting the payment of contestants, officials and others in connection with professional combative sports contests and exhibitions; (m.1) respecting the payment of officials in connection with designated amateur combative sports contests and exhibitions; (n) [repealed] S.M. 2023, c. 31, s. 17 ; (o) [repealed] S.M. 1996, c. 67, s. 10 ; (p) defining any word or expression used in this Act but not specifically defined; (q) respecting any matter required or authorized by this Act to be prescribed; (r) respecting any matter necessary or advisable to carry out effectively the purpose of this Act. 31(1.1) [Repealed] S.M. 2023, c. 31, s. 17 . Application of regulations 31(1.2) A regulation under subsection (1) may be general or particular in its application and may apply in respect of any class of person or activity. Incorporation by reference 31(2) A regulation made under subsection (1) may incorporate by reference a standard or procedure established by another jurisdiction or a recognized combative sports organization, and the standard or procedure may be adopted as amended from time to time. S.M. 1996, c. 67, s. 10 ; S.M. 2015, c. 32, s. 14 ; S.M. 2023, c. 31, s. 17 . Repeal 32 The Boxing and Wrestling Commission Act , R.S.M. 1987, c. B80, is repealed. C.C.S.M. reference 33 This Act may be referred to as chapter C150.3 of the Continuing Consolidation of the Statutes of Manitoba . S.M. 2015, c. 32, s. 15 . Coming into force 34 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1993, c. 15 came into force by proclamation on November 1, 1997.