Thoroughbred — Chapter 6: Entries and Subscriptions

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6.01  No horse shall be permitted to enter or start unless:

  1. It is duly registered with and approved by the registry office of The Jockey Club (Kentucky) and its registration certificate and/or digital registration is filed with the Association by the time required for identification purposes, or qualifies under Rule 6.44.02. In the case of a horse which has previously run at a track in Ontario, the horse may be allowed to compete with the permission of the Stewards on a facsimile or photocopy of the foal certificate. The purse, if any shall be held until the original foal certificate has been filed with the Association at the discretion of the Stewards;
  2. Deleted.
  3. It is owned by a licensed owner and is in the care of and saddled by a licensed trainer or their licensed assistant; and
  4. At the time of entry, the horse must be eligible to the conditions of the race as specified by the Racing Secretary and must remain eligible until the race, with the exception of Rule 6.30; and
  5. The Stewards may waive any of the above conditions of this rule under exceptional circumstances.

6.02  Any horse that has raced in Ontario and is sold shall not be eligible to be entered for any racing in Ontario after such sale until, either a bill of sale for a change of ownership has been approved by the Stewards or a properly executed transfer has been made on the foal certificate. (Bill of Sale Forms may be obtained from the HBPA or the Commission Offices at the racetrack). All bills of sale must include a statement of the terms of sale including any encumbrances, contingencies, conditions or any restriction to a clear title. The Stewards may waive this rule under exceptional circumstances.

6.03  If a horse’s name is changed, its new name shall be registered with The Jockey Club (Kentucky) and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names must be printed in the official program for those three races.

6.04  When entered for the first time at a meeting, a horse shall be identified by stating its name, colour, sex and age, and the name of its sire or sires and dam as registered. This description of the horse shall be repeated at each entry until the horse’s name and description has been published in the Association’s program or daily racing form. In every race thereafter sufficient description shall be deemed to have been provided if the name, colour, sex and age of the horse is furnished.

6.05  The distance of the race or the track, whether dirt, synthetic or turf, may be changed by the Association.

6.06  No horse owned by a Partnership shall be permitted to enter or to start until the rules for the registration of Partnerships have been complied with (see Chapter 32).

6.07  The nominator is liable for the entry fees or nomination fees, and a mistake in the entry of a horse when eligible does not release the subscriber or transferee from liability for entry fees or nomination fees for stakes.

6.08  Entry fees will not be refunded on the death of a horse, nor its failure to start.

6.08.01  Horses on the also eligible list wishing to scratch from a race card that allows horses to draw into the body on a race day, may be excused by the Stewards, if at such time there is no guarantee to advance into the race. If scratched under these conditions, the horse would retain its entry and run date.

6.09.01  The personal representative of a deceased owner shall be deemed to hold an owner’s licence in respect of horses belonging to the estate of the deceased until the Registrar declares that such deemed licence is no longer in effect.

6.09.02  In the event of the death of a licensed owner, the authority of any Authorized Agent for the deceased shall become void until further notification in writing by the executors or the administrators of the licensee’s estate; that the Authorized Agent is entitled to act for that estate under whatever clauses they so indicate.

6.10.01 Entries and scratches shall be made in writing and signed by the trainer who at the time of entry has been charged with the care and custody of the horse in question, or by the owner of the horse, or if this information is provided by phone, the Association shall keep a record of the conversation. Each Association shall provide forms on which entries and scratches are to be made.

6.10.02  For all races, the racing secretary or designated personnel are the only persons authorized to received entries and scratches.

6.10.03  Notwithstanding Rule 6.10.01 entries may be submitted by telephone, facsimile, electronically or other method approved by the Registrar and the Association may insist on confirmation in writing and postmarked and may refuse an entry if the confirmation is not forthcoming.

6.10.04  Entries shall be made in the name of the owner listed on the foal certificate or digital certificate registered with the Jockey Club. In the case of a leased horse, entries shall be made in the name of the lessee when a copy of the lease is attached to the foal certificate.

6.11.01.1  A horse shall not be eligible to be entered to, or start in any race, if owned or controlled in whole or in part, by a suspended, disqualified, unlicensed or ineligible person.

6.11.01.2  If a suspended, disqualified, unlicensed or ineligible person purports to transfer his or her interest in a horse during such period of ineligibility, the Stewards may inquire into any such transfer in order to ensure that the racing of the horse in question is not under the control or influence of the transferor.

6.11.01.3  During such an enquiry the Stewards may require the submission of documentary evidence to establish that the transfer is a bona fide transaction. Such documentary evidence may consist of, but may not necessarily be limited to, a statutory declaration relating the following facts:

  1. That the transferee is responsible for his or her own obligations and liabilities incurred in the course of his or her racing business and such obligations are paid from the transferee’s separate and independent account;
  2. That the transferee contracts independently of the other with any tradespeople and with any other entity with the Association at which he or she is racing;
  3. That the transferee maintains a wholly and independent financial interest from the transferor;
  4. That the transferee maintains a wholly and independent financial interest from the transferor;
  5. That the transferee conducts his or her business relating to the racing of Thoroughbred horses in a manner wholly independent of the transferor and neither the transferee nor the transferor influences the other in any matter whatsoever with respect to the racing of Thoroughbred horses.

6.11.01.4  In the event a nomination or entry is made by or for an ineligible person or horse, the owner of the horse shall be held liable for any nomination, sustaining or starting fees thus contracted and the horse shall not be eligible to compete.

6.11.02  Any entry received from an unlicensed person or a person whose licence is under suspension or of an ineligible horse, shall be void and any money paid for such entry shall not be refunded and shall be added to the purse.

6.11.03  No horse shall be allowed to start in any race if the owner does not maintain a credit balance in his or her horseperson’s account satisfactory to the Association.

6.11.04  No person shall wilfully enter, or cause to be entered, or start a horse which he/she knows or believes to be ineligible or disqualified.

6.12  In the case of sweepstakes, the closing of nominations, entries, interim payments and declarations shall be in accordance with the conditions published by the Association sponsoring the event.

6.13  A trainer or owner may not enter and start more than two horses of the same or separate ownership in a purse race or overnight event as separate betting interests, except under the following conditions:

  1. Stake races;
  2. Races in which there are fees required to nominate or enter; or
  3. All overnight races. In these races a trainer may not enter more than two horses. The second entry may not exclude a single entry. The Association reserves the right to require six or more betting interests in any overnight race from a minimum of five trainers and owners.

6.13.01.1  Deleted.

6.13.01.2  No owner or trainer shall directly or indirectly enter more than two horses in an Overnight Race. With the exception of stakes races, no two horses shall start if they have common ownership to the exclusion of a single entry.

6.13.01.3  Deleted.

6.14.01  Deleted.

6.14.02  Deleted.

6.14.03  Deleted.

6.14.04  Deleted.

6.15  The number of starters in any race shall be limited by the width of the track at the starting post, the maximum number to be determined by the Starter and approved by the Stewards.

6.16  When entries exceed the permitted number of starters, the number of starters shall be reduced to the maximum permitted number of starters by lot, starters shall be reduced to the maximum number of starters by applying normal racing preferences, and if equal, by lot, or also by lot by division of the race, at the option of the Association. Overnight handicaps, sweepstakes, and starter handicaps that overfill and handicap races which split are exempted from this rule.

6.17  Each day after the entries have been closed, it shall be the duty of the racing secretary to designate persons from owners or trainers present in the entry office to draw the entry sheets and over-see the drawing of the post position numbers. In every case, the entry shall be drawn from its approved receptacle before the number ball is released from the number box. All horses listed on the overnight as “also eligible” will have a draw to determine the outside post positions in the same manner as the permitted number of starters at the time of the original draw.

6.18.01  In all stakes and handicaps which are run in more than one division, any entries consisting of two horses will first be divided into separate divisions. Any entries involving three or more horses shall be divided between or among the divisions, however when the number of horses constituting a single entry exceeds the number of divisions, the entry shall be divided to the extent possible among the divisions and the remaining horse or horses in the entry shall then be drawn with the remainder of the horses entered.

6.18.02  In all Overnight Races that are run in more than one division the method of drawing such races shall be governed by the Association rule which has been approved by the Registrar. The Registrar’s approval or non-approval is not subject to appeal.

6.19.01  The Association shall have the right to withdraw or change any race prior to the drawing of entries.

6.19.02  If a race is declared off because of insufficient entries, the Association may split any race prior to the drawing of entries.

6.20  The racing secretary shall keep a list of all horses with valid dates. This information shall determine preference at the time of the draw using the following system:

  1. Preference dates will not supersede conditions of races;
  2. Entry and run dates are valid for the entire season;
  3. Preference is in order of dates with the oldest date having first preference. In cases where entry and run dates are the same, entry dates will have preference. Both same and different owner entries will not be preferred over the Preference Date System. Claims, transfers or sales have no effect on Preference Dates;
  4. Entry dates are valid and generic, until a turf, synthetic or dirt dates are established. (Run dates will be separated between turf, synthetic and dirt, with one not affecting the other);
  5. Any horse which has its foal certificate or digital certificate on file prior to the first day of entries will receive an entry date corresponding to the date of the first draw. Any foal certificate or digital certificate filed after this date will receive an entry date corresponding to the date the certificate is turned into the Race Office;
  6. All trainers must claim Preference Dates and Preference Status at time of entry;
  7. Horses entering which have no date established but not getting into a race will receive an entry date corresponding to the actual date on which the entry was taken;
  8. Horses which have established dates at the current meeting will lose that preference date should their papers be withdrawn from the Race Office or the horse races elsewhere;
  9. Horses which race will receive a run date (either turf, synthetic or dirt depending on the surface of the race);
  10. Horse with dates established, which re-enter but do not draw into a race will maintain the date previously established;
  11. Horses, which scratch, may lose their date for the surface on which the race is actually run;
  12. The Stewards, at their discretion, when presented with an extenuating circumstance, may allow a horse to be scratched from a race without losing its entry or running date (e.g. no jockey available to ride horse, distance or gender changes);
  13. Any horse that enters the paddock and is subsequently scratched prior to the race, will maintain its original entry or run date under all conditions (i.e. Horse running off, veterinarian scratch at the gate, if a horse is determined a non-starter by malfunction of the gate, etc.);
  14. Any horse that competes in a race and subsequently gets placed on any list (Steward, Starter or veterinary) will maintain its run date;
  15. In any case of discrepancy, the Steward’s ruling is final.

6.21  The scratch of a horse out of an engagement is irrevocable. However, an exception may be made for any horse that is scratched as a result of an error by any Association or Commission Official:

  1. After securing the Stewards’ permission, such horse may be returned to the race in the horse’s original position until the time the mutuels open for the race;
  2. If the horse scratched in error cannot be placed back in the mutuel system, the Stewards may grant permission for the horse to race for the purse only. The Stewards will ensure the race announcer advises the public that the horse is racing for purse only.

6.22  Any horse that is in the entries may be re-entered only after it has been officially scratched or the race in question has been run, except in the situation when entries are taken more than 72 hours in advance, when permission has been granted by the Stewards for a horse to be re-entered. Entry in a combination of stakes races shall be excluded from this rule.

6.23  A claim or error of preference date may, if valid, be corrected by the Stewards up until scratch time (where applicable) or before the mutuels open for the race in question.

6.24  No person shall make or receive the transfer of a horse for the purpose of avoiding disqualification.

6.25  A licensed person is entitled to enter a horse in which he/she owns a majority share or an interest equivalent to that of the largest shareholder/s.

6.26  A horse shall not be entered in more than one Overnight Race in any one day. However, when a horse has been officially declared ineligible and scratched by the Stewards it may be re-entered in another race on the same program until the entries close.

6.27  Deleted.

6.28  A licensee shall be responsible for the eligibility of horses entered by him/her.

6.29  A horse shall not be eligible to start in any race unless it has been, and continues to be, properly entered therein. A horse which is improperly entered shall not be entitled to any part of the purse, but once the “Official” sign is posted, this rule shall in no way affect the wagering on the race.

6.30.01  A horse, other than a first time Starter, shall not be eligible to race unless it has started in a race or completed a timed workout at a minimum distance of three-eighths (3/8) mile. A horse racing less than 4 furlongs will require a quarter mile (1/4) workout. These workouts must be satisfactory to the Stewards and within thirty (30) days of the day of the race for which it is entered. The Stewards shall determine the qualifying times for all distances, surfaces and conditions. The rule may be waived for stake races at the discretion of the Stewards.

6.30.02  A timed workout must be published in the official program for any horse which shows no race or timed workout within the last thirty (30) days in the racing form. This rule may be waived for Stakes races at the discretion of the Stewards.

6.30.03  The following maximum workout times apply in Ontario:
2 Furlongs        26.0
3 Furlongs        40.4
4 Furlongs        52.3
5 Furlongs        1:05.0
6 Furlongs        1:19.0
7 Furlongs        1:32.0
1 Mile        1:47.0

6.31  The nominations and entries of any person, or transfer of any nomination or entry, may be refused by the Race Secretary without either notice or reason being given.

6.32  The official order of finish shall reflect the Stewards’ decision in all cases until all procedures and remedies are exhausted. The eligibility of horses to conditions of races will be in accordance with the Stewards’ decision as shown on the official order of finish and will not be subsequently affected by the outcome of the appeal process, should an appeal be allowed in the Rules. Whatever the final outcome of the appeal, if allowed by the Rules, the horse cannot be retroactively declared ineligible to races contested prior to the appeal decision by virtue of the appeal process.

6.33  Any horse that refuses to break in two races within any twelve month period shall be denied entry during the balance of the season of its second refusal. This horse will be ineligible to enter after that racing season without permission from the Stewards.

6.34  Deleted.

6.35

  1. If a horse, other than a first time starter, has not started in 90 days, the horse must have two workouts: one of at least a half-mile and another within 30 days (at least three-eighths (3/8) mile) of the race for which it is entered.
  2. All first time starters including 2-year-olds must have three workouts to start: one must be from the gate, accompanied by a valid gate approval card within 45 days of the date of entry, and one must be of at least a three-eighths (3/8) mile within 30 days of the date of entry.

6.36  Deleted.

6.37  Purses earned outside of North America will be calculated in U.S. dollars, based on the current rate of exchange at the time of entry for a race. Winnings in U.S. dollars will be deemed to be at par with Canadian funds.

6.38  Every entry submitted is subject to eligibility checks by the racing department. Any entry failing the eligibility check may be removed before the draw takes place.

6.39  The drawing of post positions shall be final, except when there is conclusive evidence that a horse was properly entered but omitted from any category due to error or negligence by an official or employee of the Association. When such information is made known and verified or if the draw has been mechanically incorrect the following procedures shall be followed:

  1. If this information is made known and verified before the draw for that racing card is completed the race shall be redrawn;
  2. If the information is made known after the Racing Secretary or Assistant Racing Secretary has declared the draw of that racing card complete and the horse omitted by error was entered to an overnight event, it may be added to the race and given the outside post position, providing its addition does not exceed the maximum number of starters allowed in a single field. Otherwise, such horse shall be placed on the also eligible list. If the also eligible list is full, the horse shall be placed on the preferred list for future entry. If the horse omitted by error was entered to a stake, futurity, early closing event or late closing event, it shall be added to the race and given the outside post position. In such case, if its addition exceeds the maximum number of starters allowed in a single field the event shall be divided. In this event, the starters in each division and their post positions will be redrawn by lot or by the specific method used for this classification of race;
  3. If an Association locates a lost entry and there is no opportunity to re-draw the race, and the number of starters does not exceed the maximum number that may participate for the distance under the Rules, then the horse races for purse only.

6.40  When any authorized licensee claims the incorrect weight at the time of entry, such weight may be corrected until scratch time for the racing card for which the entry was made, with the exception that no change may be made if it necessitates a rider change. The Stewards may take action against a licensee should this rule be invoked more than once during a racing season. For tracks without a scratch time, the correction must be requested before the program has gone to press or at the discretion of the Stewards.

6.41  Any horse wearing #3 shoes must be declared at the time of entry and this information will be carried on the program. Any changes subsequent to the time of entry must be approved by the Stewards.

6.42  Subject to the regulations set forth by the Canadian Pari-Mutuel Agency, an owner and/or trainer racing a horse with penicillin G procaine must advise the test inspector no later than ½ an hour before the post time of the race in which the horse is entered.

6.42.01  Deleted.

6.43  Deleted.

6.44.01  Except as provided by Rule 6.44.02 no horse shall be permitted to enter unless it has been fully identified using an industry acceptable method, as approved by the Registrar.

6.44.02  Notwithstanding the provisions of rule 6.01(a) and 6.44.01 a horse from outside Ontario, upon application to the Stewards and upon their being satisfied that the horse is fully and properly identified may start in Ontario without having been registered with The Jockey Club (Kentucky). Horses racing on documentation that is not papers issued by The Jockey Club will not be allowed to enter or start in a claiming race.

6.45 An Association shall provide suitable equipment, including back up equipment, capable of accurately identifying racehorses.