103. The board may make rules to
(1) determine the rule violations for which it may withdraw or disqualify a horse from a race, set it back in the order of finish or refuse its entry in a race, or invalidate an offer to purchase a horse having taken part in a race;
(2) prescribe the standards for the holding and conduct of an activity subject to this Act with which a person who organizes, conducts or takes part in such activities is required to comply; such standards may include provisions on
(a) the organization, management and performance of the activity;
(b) the conduct and code of ethics;
(c) the protection and safety of persons and horses on the premises;
(d) the advertising relating to the activity and to the functions, occupations and business activities for which a licence is required under this Act and the regulations;
(e) the layout, equipment, operation and cleanliness of the premises;
(f) the number, frequency, classes and sub-classes of horse races that may be held;
(g) the classes of race tracks or horse racing betting houses;
(h) the standards for access to the premises;
(i) the equipment required of persons who organize or take part in such an activity, as well as the horses’ equipment;
(j) the purses offered at a horse race and the awarding standards;
(k) health control measures for participants and horses, including the taking of samples to test for alcohol, drug or stimulant;
(l) the training of participants;
(3) determine the rights and obligations of persons performing a function or carrying on an occupation or business activity subject to this Act;
(4) determine the cases where a rule violation may entail a review under subparagraph 2 of the first paragraph of section 53;
(5) determine the grounds justifying the review of a decision of a racing judge which entails the disqualification or setting back of a horse in the order of finish;
(6) determine the nature of an administrative measure imposed by a racing judge or paddock judge for which any interested person may apply for a review;
(7) determine the circumstances and the licences and classes thereof for which liability insurance or a security is required, the form of security and the procedure for its confiscation;
(8) determine the age at which and the licences and classes of licences for which a medical or optometric certificate or examination is required and the nature of such certificate or examination;
(9) determine the conditions with which a person applying for a licence or a registration attestation is required to comply, and the minimum age required to obtain a licence;
(10) determine the competency examinations a person applying for a licence is required to pass, the subjects of those examinations, the passing mark, and the period during which a person is barred from taking again a competency examination it has failed;
(11) determine the experience and studies required of a person applying for a licence, and the equivalency standards applicable;
(12) prescribe the standards a race track or horse racing betting house must satisfy for the purposes of the issue of a race track licence or horse racing betting house licence;
(13) determine the obligations that the board may impose on the holder of a licence or registration attestation upon the issue of such licence or attestation;
(14) determine the standards according to which the conditions governing participation in a horse race are to be established, the particulars that must be included, the persons who may establish those conditions, the places where and time when they must be posted, and the cases where they must be approved by the board;
(15) prescribe the information that must be included in a program;
(16) determine the specifications that must be met by a device for the issue of a registration attestation;
(17) determine the documents and property that may be registered by the owner of a racing stable or racehorse, the driver or the jockey;
(18) determine the information that must appear in the report submitted by the holder of a registration certificate, and the period when that report must be filed;
(19) prescribe the forms to be used for the purposes of this Act and the rules thereunder;
(20) (subparagraph repealed);
(20.1) ensure, in accordance with the terms and conditions it prescribes, that, from 1 July 1988, the average rate of commission levied on the aggregate of the betting amounts by the holder of a racing licence and of a registration attestation for a device used for the sale, recording or automatic compiling of pari-mutuel betting on horse racing, issued under sections 70 and 81, respectively, does not exceed the average rate of commission that it indicates and determine the amount that the holder may be called upon to pay to the Commission if the rate exceeds that indicated;
(21) determine, among the provisions of its rules, those the violation of which entails an administrative measure, and determine the nature of such measures;
(22) determine the classes of activities or persons that may be exempt, in whole or in part, from any duty or obligation imposed by a rule.
The board may establish different rules, for the purposes of subparagraphs 2 and 3, according to the functions, occupations or business activities; for the purposes of subparagraphs 2, 3 and 12, according to the classes of race tracks or horse racing betting houses; for the purposes of subparagraphs 2, 3, 14 and 15, according to the classes or sub-classes of races and horses; for the purposes of subparagraphs 3, 9, 10, 11 and 13, according to classes or sub-classes of licences; and for the purposes of subparagraph 9, according to whether it is a licence or a certificate.
Every rule made under subparagraph 20.1 of the first paragraph must be approved by the Minister of Finance.
1987, c. 103, s. 103; 1988, c. 81, s. 1; 1990, c. 46, s. 16; 1993, c. 39, s. 95; 1993, c. 39, s. 46.
