Athletics Commission Regulations, A-31.1 Reg 1

1 ATHLETICS COMMISSION A-31.1 REG 1 The Athletics Commission Regulations being Chapter A-31.1 Reg 1 (effective March 9, 2015). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 A-31.1 REG 1 ATHLETICS COMMISSION Table of Contents PART I 12 Promoter requirements Preliminary Matters 13 Promoter and contestant contract 1 Title 14 Forfeiture of security 2 Interpretation 15 Fees on gate receipts PART II Licences PART IV 3 General requirements for licences General 16 Medical advisor 4 Contestant’s licence 17 Administrative penalties – prescribed maximum 5 Promoter’s licence 18 Administrative penalties – prescribed contraventions 6 Matchmaker’s licence 19 Administrative penalties – continuing contraventions 7 Official’s licence 20 Qualifications of adjudicators 8 Change in circumstances 21 Service of documents or notice PART III Permits PART V 9 Event permits Coming into Force 22 Coming into force 10 Security 11 Terms and conditions of event permits 3 ATHLETICS COMMISSION A-31.1 REG 1 CHAPTER A-31.1 REG 1 The Athletics Commission Act PART I Preliminary Matters Title 1 These regulations may be cited as The Athletics Commission Regulations. Interpretation 2(1) In these regulations: (a) “Act” means The Athletics Commission Act; (b) “combative sport” means a sport approved in accordance with the Act and these regulations in which contestants: (i) strike their opponents using their fists, hands or feet or a combination of them; and (ii) use other combative techniques or tactics allowed within the rule sets of the particular sport; (c) “contestant” means a professional athlete who holds a valid contestant’s licence or a valid contestant’s temporary licence issued by the commission for the purpose of competing in a professional contest or exhibition; (d) “knockdown timekeeper” means a timekeeper who times knockdowns in a boxing match; (e) “professional”, with respect to a combative sport, means a contest or exhibition where the contestants compete for any valuable consideration; (f) “promoter” means a person who promotes, conducts, sponsors, organizes or holds a professional contest or exhibition; (g) “ringside physician” means an official who is a duly qualified medical practitioner; (h) “scorekeeper” means an official who keeps a record of the judge’s scoring of a professional contest or exhibition. (2) For the purposes of subclause 2(l)(ii) of the Act and in these regulations, the following capacities are prescribed: (a) dressing room supervisor; (b) event inspector; (c) knockdown timekeeper; (d) ringside physician; (e) scorekeeper. 4 A-31.1 REG 1 ATHLETICS COMMISSION (3) For the purposes of clause 2(o) of the Act and in these regulations, the following are prescribed sports: (a) full contact karate; (b) kickboxing; (c) modified muay thai. 6 Mar 2015 c.A-31.1 Reg 1 s2. PART II Licences General requirements for licences 3(1) An applicant for a licence to promote, conduct or hold a professional contest or exhibition, or to participate as a contestant in or provide services as a matchmaker, official or second in a professional contest or exhibition, may apply to the commission by submitting: (a) a completed application in the form provided by the commission; (b) the fee set for the category of licence; and (c) any additional information required by these regulations for the category of licence. (2) No licence shall be issued for a professional contest or exhibition involving participants under the age of 19 years. (3) On request of the commission, an applicant shall provide a criminal record check that: (a) is satisfactory to the commission; (b) was completed by a police service not more than 30 days before the date on which the criminal record check is provided to the commission; and (c) discloses to the commission whether the applicant has been charged with, discharged from or convicted pursuant to the Criminal Code or the Controlled Drugs and Substances Act (Canada) and is: (i) in the case of an applicant who is an individual, with respect to the applicant; (ii) in the case of an applicant that is a partnership, with respect to each partner; and (iii) in the case of an applicant that is a corporation, with respect to each officer and director of the corporation. (4) An applicant shall provide any authorizations that the commission considers necessary for the commission to: (a) verify the information provided in the application; and (b) conduct background checks. 5 ATHLETICS COMMISSION A-31.1 REG 1 (5) The commission may conduct any background checks that the commission considers necessary in order to determine whether the applicant is eligible to be licensed. (6) The commission may require an applicant to verify by affidavit any information in the application and materials submitted to the commission by the applicant. (7) For the purposes of subclause 7(a)(iii) of the Act and in these regulations, the following are prescribed fees: (a) for an application for a licence as a contestant, $40; (b) for an application for a licence as a promoter, $100; (c) for an application for a licence as a matchmaker or second, $40; (d) for an application for a licence as an official, $0. (8) The fee payable pursuant to clause (1)(b) is non-refundable and must be paid by certified cheque or money order or in a form acceptable to the commission. (9) Subject to subsection 4(3), a licence is valid until December 31 of the year in which it is issued unless it is sooner suspended or cancelled. 6 Mar 2015 c.A-31.1 Reg 1 s3. Contestant’s licence 4(1) An applicant to participate as a contestant in a professional contest or exhibition who is a resident of Saskatchewan may apply for a contestant’s annual licence. (2) An applicant to participate as a contestant in a professional contest or exhibition who is not a resident of Saskatchewan may only apply for a contestant’s temporary licence for the professional contest or exhibition in which the applicant will be a contestant. (3) A contestant’s temporary licence is valid only for the professional contest or exhibition for which it is issued and expires 24 hours after the professional contest or exhibition. (4) In addition to the completed application form mentioned in clause 3(1)(a), an applicant for a contestant’s licence shall submit: (a) a copy of the applicant’s annual licence for the previous year, if applicable; (b) the applicant’s professional combative sport fight record; (c) if the applicant has no professional combative sport fight record mentioned in clause (b): (i) the applicant’s amateur combative sport fight record; (ii) certifications achieved by the applicant in boxing, mixed martial arts or another combative sport; or (iii) the results of an assessment, at the applicant’s own cost, by a person approved by the commission to determine if the applicant is technically competent to compete; 6 A-31.1 REG 1 ATHLETICS COMMISSION (d) two colour photographs of the applicant that measure 50 millimetres wide by 70 millimetres high, taken within the six-month period preceding the date of application; (e) a medical certificate, in English or French, satisfactory to the commission and completed by a duly qualified medical practitioner who has performed a physical examination on the applicant within the six-month period preceding the date of application, stating that the duly qualified medical practitioner: (i) examined the applicant on the date or dates set out in the certificate; and (ii) is of the opinion that the applicant is physically fit to compete in a professional contest or exhibition; (f) a written report of an ophthalmologist or optometrist, in English or French, of an eye examination performed on the applicant by the ophthalmologist or optometrist in the three-month period preceding the date of application, stating that the ophthalmologist or optometrist: (i) examined the applicant on the date or dates set out in the certificate; and (ii) is of the opinion that the applicant is fit to compete in a professional contest or exhibition; (g) if the applicant has been disciplined or has received a licence suspension or cancellation by a regulatory authority in relation to a combative sport: (i) details of the circumstances giving rise to the discipline, including penalty imposed; and (ii) details of the licence suspension, including whether it is a suspension for medical reasons, for improper conduct or for any other reason; and (h) any additional information or documentation that the commission may reasonably require. (5) A licence may be issued to an applicant to participate as a contestant in a professional contest or exhibition only if the applicant satisfies the commission that he or she is physically fit to compete as a contestant in that professional contest or exhibition. (6) An applicant or licensee shall provide any information that the commission may reasonably require to establish that the applicant or licensee is physically fit to compete to compete as a contestant in that professional contest or exhibition. 6 Mar 2015 c.A-31.1 Reg 1 s4. Promoter’s licence 5 In addition to the completed application form mentioned in clause 3(1)(a), an applicant for a promoter’s licence shall submit: (a) information acceptable to the commission showing that the applicant has a satisfactory credit rating; 7 ATHLETICS COMMISSION A-31.1 REG 1 (b) information or documentation that the commission may reasonably require to establish that the applicant can reasonably be expected to be competent and financially responsible in promoting a professional contest or exhibition; (c) if the applicant is a corporation, a copy of its most recent annual return required to be filed pursuant to the Act pursuant to which it is incorporated or continued; (d) information acceptable to the commission with respect to the applicant’s experience as a promoter, including locations and dates of professional contests or exhibitions promoted by the applicant; (e) a criminal record check that: (i) is satisfactory to the commission; (ii) was completed by a police service not more than 30 days before the date on which the criminal record check is provided to the commission; and (iii) discloses to the commission whether the applicant has been charged with, discharged from or convicted pursuant to the Criminal Code or the Controlled Drugs and Substances Act (Canada) and is: (A) if the applicant is an individual, with respect to the applicant; (B) if the applicant is a partnership, with respect to each partner; and (C) if the applicant is a corporation, with respect to each officer and director of the corporation; and (f) any additional information or documentation that the commission may require. 6 Mar 2015 c.A-31.1 Reg 1 s5. Matchmaker’s licence 6 In addition to the completed application form mentioned in clause 3(1)(a), an applicant for a matchmaker’s licence shall submit: (a) a record of the applicant’s experience as a matchmaker in the five-year period preceding the date of the application, including locations and dates of the professional contests or exhibitions and matches for which the applicant made matches; (b) if the applicant has been investigated by a regulatory authority in a jurisdiction outside Saskatchewan for wrongdoing with respect to a matchmaker’s licence or the equivalent of a matchmaker’s licence in that jurisdiction, details of the investigation, including its results and whether a penalty was imposed; 8 A-31.1 REG 1 ATHLETICS COMMISSION (c) a declaration satisfactory to the commission respecting: (i) any financial interest the applicant has in a contestant or in a business entity or individual involved in the combative sport to which the application relates; and (ii) any relationship, whether by blood, adoption or marriage, the applicant has with a contestant or official, including the name of the contestant or official and the relationship; and (d) any other information or documentation that the commission may require. 6 Mar 2015 c.A-31.1 Reg 1 s6. Official’s licence 7(1) In addition to the completed application form mentioned in clause 3(1)(a), an applicant for an official’s licence shall submit the following: (a) evidence of experience satisfactory to the commission to establish that the applicant is qualified to act as an official; (b) if the application is for a judge’s or referee’s licence, the written report of an ophthalmologist or optometrist, in English or French, of an eye examination performed on the applicant by the ophthalmologist or optometrist in the 12-month period preceding the date of application; (c) if the application is for a referee’s licence, a certificate, in English or French, of a duly qualified medical practitioner in the six-month period preceding the date of application that the applicant is fit to carry out his or her duties as a referee; (d) any other information or documentation that the commission may require. (2) For the purpose of clause (1)(a), evidence that a person is qualified to act as an official may include but is not limited to: (a) training certification recognized by the commission; or (b) experience as an official, including the category of official, level officiated, and locations and dates of professional contests or exhibitions that the official officiated. 6 Mar 2015 c.A-31.1 Reg 1 s7. Change in circumstances 8(1) For the purposes of section 14 of the Act and in these regulations, a prescribed change in circumstances consists of any material change set out in subsection (2) in the information previously provided to the commission in an application for: (a) a licence; (b) renewal of a licence; or (c) reinstatement of a licence. 9 ATHLETICS COMMISSION A-31.1 REG 1 (2) The material changes mentioned in subsection (1) include the following: (a) an address, including an address for service, or a telephone number; (b) the name of the applicant or the licensee; (c) if the applicant or licensee is a partnership or a corporation, its fiscal year; (d) if the applicant or licensee is a corporation, an officer or director of the corporation; (e) if the applicant or licensee is a partnership, a partner of the partnership; (f) the location at which the licensee retains, or the applicant will retain, records required to be kept by the Act; (g) in the case of an applicant who is an individual, being charged with, discharged from or convicted of an offence pursuant to the Criminal Code or the Controlled Drugs and Substances Act (Canada) since the date of completion of a criminal record check mentioned in subsection 3(3) or clause 5(e) for that applicant; (h) filing for bankruptcy, if the applicant is an applicant for a promoter’s licence or if the licensee is the holder of a promoter’s licence; (i) being investigated by a regulatory authority for wrongdoing with respect to a licence; (j) being subject to disciplinary action taken by a regulatory authority in a jurisdiction outside Saskatchewan in relation to boxing, a martial art or another combative sport; (k) any other material change. 6 Mar 2015 c.A-31.1 Reg 1 s8. PART III Permits Event permits 9(1) A licensed promoter who intends to promote a professional contest or exhibition shall apply in writing to the commission for an event permit at least 60 days before the date of the proposed event. (2) No event permit shall be issued for a professional contest or exhibition involving participants under the age of 19 years. (3) An event permit is valid only for the day of the specific proposed event for which it is issued and for 24 hours after that event. (4) An application for an event permit must: (a) be in writing; (b) be signed by the applicant; and 10 A-31.1 REG 1 ATHLETICS COMMISSION (c) set out all of the following: (i) the applicant’s name and address; (ii) the date on which the proposed event is to be held; (iii) the place in which th e proposed event is to be held, including maximum seating capacity; (iv) the proposed main event; (v) the proposed duration of each of the matches; (vi) if the event is to be taped or otherwise recorded by or on behalf of the promoter, the applicant’s agreement to provide the commission with a copy of a videotape or other electronic record of the event; (vii) whether the proposed event is being held for profit or for charitable purposes; (viii) the proposed weigh-in location; (ix) any other information that the commission may reasonably require. (5) The commission may require an applicant to verify by affidavit any information in the application and materials submitted to the commission by the applicant. (6) For the purposes of subclause 16(a)(iii) of the Act, the prescribed fee for an application for an event permit is $100. (7) An application for an event permit must be accompanied by: (a) a letter from the owner or manager of the place in which the proposed event is to be held acknowledging that the owner or manager is aware of the proposed event; (b) the fee mentioned in subsection (6); and (c) any security required pursuant to subsection 10(1) in an amount determined by the commission in the form of an irrevocable letter of credit, certified cheque or money order payable to the Minister of Finance or in a form acceptable to the commission. (8) The fee payable pursuant to clause (7)(b) is non-refundable and must be paid by certified cheque or money order or in a form acceptable to the commission. 6 Mar 2015 c.A-31.1 Reg 1 s9. Security 10(1) The commission may require a promoter to provide to it security for a proposed event in an amount not less than $5,000 and not more than $25,000 having regard to: (a) the location of the proposed event; (b) the number of spectators anticipated at the proposed event; 11 ATHLETICS COMMISSION A-31.1 REG 1 (c) whether the proposed event is being held for charitable purposes; (d) the promoter’s previous experience as a promoter; and (e) any other factor that the commission considers appropriate. (2) If the commission refuses to issue an event permit for the event that the promoter applied for, the commission shall return the security required pursuant to subsection (1) to the promoter in a timely manner. 6 Mar 2015 c.A-31.1 Reg 1 s10. Terms and conditions of event permits 11(1) At least 14 days before the scheduled date of an event, the promoter shall provide the following information to the commission: (a) a list of all matches on the program for the event; (b) the proposed duration of each match on the program; (c) for each proposed match, a declaration signed by the licensed matchmaker that the contestants proposed for the match are suitable contestants; (d) the amount of the purse or other valuable consideration for each match; (e) a copy of the agreement with a charitable organization, if applicable; (f) the final list of contestants and their contact information; and (g) any other information that the commission may reasonably require. (2) No promoter shall add a contestant to the program for an event without notice to the commission. (3) If a contestant is to be added to the program for an event, the contestant must be added at least two business days before the scheduled date of the event. (4) No promoter shall fail to provide the medical information respecting each contestant that is required by the commission. (5) Medical information required by the commission must be provided at least two business days before the scheduled date of the event. 6 Mar 2015 c.A-31.1 Reg 1 s11. Promoter requirements 12(1) Not later than 30 days and not earlier than 60 days before the scheduled date of the proposed event, the promoter shall provide to the commission a certificate of insurance signed by an authorized representative of the insurer that establishes that the promoter holds comprehensive general liability insurance for the proposed event that complies with subsection (2). (2) For the purposes of subsection (1), the comprehensive general liability insurance must: (a) include, but not be limited to: (i) liability for third party property damage; (ii) liability for bodily injury; 12 A-31.1 REG 1 ATHLETICS COMMISSION (iii) personal injury liability; (iv) products liability and completed operations liability; (v) contractual liability; (vi) cross liability and severability of interests; (b) provide a minimum coverage of $5,000,000 for each occurrence covered by the insurance; and (c) name the Government of Saskatchewan, the commission and any official appointed by the commission as additional insureds. (3) Not later than 30 days before the scheduled date of an event, the promoter shall provide to the commission a security plan acceptable to the commission that, at the promoter’s expense, includes arrangements for the attendance of special duty police officers at the event to maintain order at the event. (4) If a change is made to the security plan before the scheduled date of an event, the promoter shall provide the commission with an updated security plan that is acceptable to the commission. (5) Not later than 30 days before the scheduled date of an event, the promoter shall provide to the commission a medical plan acceptable to the commission that, at the promoter’s expense, includes arrangements for emergency medical services at the event, including the presence of: (a) an ambulance at the event site at all times; and (b) no fewer than two emergency medical technicians at the event site at all times. (6) If a change is made to the medical plan before the scheduled date of an event, the promoter shall provide the commission with an updated medical plan that is acceptable to the commission. (7) At least seven days before the scheduled date of an event, the promoter shall deposit with the commission by certified cheque or money order or in a form acceptable to the commission an amount sufficient to cover the following: (a) the total sum of the remuneration of and expenses for the officials appointed for the event; (b) the amount that the commission determines to be reasonably necessary to cover the commission’s costs of administering the event. (8) If a change is made in the program for an event after the promoter provides the deposit required pursuant to subsection (7) and the commission determines that, as a result, the amount of the deposit is inadequate, the commission may, in writing, require the promoter to provide an additional deposit by certified cheque or money order or in a form acceptable to the commission. (9) The promoter shall provide an additional deposit required pursuant to subsection (8) to the commission within two business days after receiving the commission’s written requirement pursuant to that subsection. 13 ATHLETICS COMMISSION A-31.1 REG 1 (10) If the promoter fails to hold an event on the scheduled date, any deposit made is to be forfeited to the commission either in part or in whole as determined by the commission having regard to: (a) the reasons provided by the promoter for failing to hold the event; (b) whether the event was being held for a charitable purpose; (c) any costs incurred by the commission; and (d) any other factor that the commission considers appropriate. (11) If an event is held on the scheduled date, any deposit, less all sums for which the promoter is indebted to the commission with respect to the event, is to be returned by the commission to the promoter within 21 days after that date. 6 Mar 2015 c.A-31.1 Reg 1 s12. Promoter and contestant contract 13(1) Two days before the weigh-in for an event, the promoter shall provide to the commission, for each contestant, a copy of the signed contract between the promoter and the contestant. (2) The promoter shall pay the purse or other valuable consideration set out in a contract with the contestant directly to the contestant in the presence of the commission or a person approved by the commission. 6 Mar 2015 c.A-31.1 Reg 1 s13. Forfeiture of security 14(1) The security provided pursuant to subsection 10(1), or any part of the security as determined by the commission, is forfeited to the commission if a promoter to whom an event permit is issued: (a) fails to remit the percentage of gate receipts required pursuant to section 24 of the Act and these regulations; or (b) in the opinion of the commission, otherwise fails to comply with the Act or these regulations. (2) The commission shall return the security provided pursuant to subsection 10(1) to the promoter if the promoter requests the return of the security in writing and: (a) the event has been held and, in the opinion of the commission, the promoter has complied with the Act and these regulations; or (b) the event has been cancelled and, in the opinion of the commission, the promoter has complied with the Act and these regulations. (3) The commission is not required to pay interest to the promoter on any security returned pursuant to this section. 6 Mar 2015 c.A-31.1 Reg 1 s14. 14 A-31.1 REG 1 ATHLETICS COMMISSION Fees on gate receipts 15(1) Subject to section 24 of the Act and subsection (2), for the purposes of section 24 of the Act and in these regulations the prescribed fee on gate receipts for a professional contest or exhibition is 5% of the gross gate receipts. (2) Within 15 days after the date of the professional contest or exhibition, the promoter shall: (a) provide to the commission a statement under oath or by affirmation of all receipts taken in connection with the professional contest or exhibition; and (b) remit the amount due to the commission by certified cheque or money order or in a form acceptable to the commission. 6 Mar 2015 c.A-31.1 Reg 1 s15. PART IV General Medical advisor 16 The commission may appoint a duly qualified medical practitioner as medical advisor to the commission. 6 Mar 2015 c.A-31.1 Reg 1 s16. Administrative penalties–prescribed maximum 17 For the purposes of subsection 30(1) of the Act and in these regulations, the following are the maximum amounts for each administrative penalty: (a) in the case of an individual, $10,000; (b) in the case of a corporation, $25,000. 6 Mar 2015 c.A-31.1 Reg 1 s17. Administrative penalties–prescribed contraventions 18 For the purposes of subsection 30(1) of the Act and in these regulations, the following are provisions of the Act for which the commission may impose an administrative penalty if a licensee or permit holder contravenes them: (a) clauses 6(a), (b) and (c); (b) subsection 14(1); (c) section 15; (d) subsections 24(1) and (3); (e) clauses 28(3)(b), (c) and (d); (f) subsections 31(2) and (3). 6 Mar 2015 c.A-31.1 Reg 1 s18. 15 ATHLETICS COMMISSION A-31.1 REG 1 Administrative penalties–continuing contraventions 19 If a contravention of a provision prescribed pursuant to section 18 continues for two or more consecutive days, a separate administrative penalty may be imposed for each day the contravention continues. 6 Mar 2015 c.A-31.1 Reg 1 s19. Qualifications of adjudicators 20 In order to qualify to act as an adjudicator pursuant to the Act, a person shall: (a) be independent of the commission; and (b) be a member of the Law Society of Saskatchewan whose right to practise is not under suspension. 6 Mar 2015 c.A-31.1 Reg 1 s20. Service of documents or notice 21(1) Unless otherwise provided in the Act, any document or notice required by the Act or these regulations to be served on any person other than the commission may be served: (a) by any method set out in The Queen’s Bench Rules for the service of documents; or (b) by delivering a copy to the person’s lawyer if the lawyer accepts service by endorsing his or her name on a true copy of the document or notice indicating that he or she is the lawyer for that person. (2) If the commission is unable to effect service by the methods set out in subsection (1) after making reasonable efforts to do so, the commission may serve a document or notice by publishing it in a newspaper of general circulation in the area in which the person was last known to reside. (3) Any person who is required to serve a document or notice pursuant to this Act or the regulations may apply, without notice, to a judge of the court for an order for substituted service or for an order dispensing with service. (4) On an application pursuant to subsection (3), a judge of the court may make an order for substituted service by any means that the judge considers appropriate or an order dispensing with service, if the judge is satisfied that: (a) prompt service of the document or notice cannot be effected; (b) the whereabouts of the person to be served cannot be determined; or (c) the person to be served is evading service. 6 Mar 2015 c.A-31.1 Reg 1 s21. 16 A-31.1 REG 1 ATHLETICS COMMISSION PART V Coming into Force Coming into force 22(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Athletics Commission Act comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Athletics Commission Act comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 6 Mar 2015 c.A-31.1 Reg 1 s22. 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