General Directive No. 4 - 2012 – Stay of the continued implementation of Rules of Racing relating to licensing of horsepeople’s organizations

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Preamble

WHEREAS amendments to the Pari-Mutuel Betting Supervision Regulations (“Regulations”) were to came into force on January 1, 2012;

AND WHEREAS as a result of the amendments to the Regulations, the Ontario Racing Commission (“ORC”) would be required to “approve” horsepersons;

AND WHEREAS the ORC determined that the mechanism for “approving” horsepersons would be conducted through licensing of horsepersons in accordance with the Racing Commission Act, 2000;

AND WHEREAS the ORC implemented certain Rules of Racing relating to the requirement for horsepersons (horsepeople’s organizations) to be licensed in accordance with the Racing Commission Act, 2000;

AND WHEREAS the horsepeople’s organizations served upon the ORC a Notice of Application for Judicial Review;

AND WHEREAS the Judicial Review was heard on March 14, 2012 and the decision of the Superior Court of Justice, Divisional Court was delivered on June 12, 2012;

AND WHEREAS the ORC and the horsepeople’s organizations have determined that further consultations are required prior to the continued implementation of certain Rules of Racing related to the licensing of horsepeople’s organizations;

TAKE NOTICE that the Director hereby issues General Directive No 4/2012 as follows:

 

GENERAL DIRECTIVE NO. 4/2012 – Stay of the continued implementation of Rules of Racing relating to licensing of horsepeople’s organizations

The ORC Director hereby orders a stay of the continued implementation of the following Rules of Racing until September 30, 2012:

Rules of Standardbred Racing

Rule 3.02.01

Where an Association has entered into an agreement with a horsepeople’s organization, representing participants racing at that facility, that horsepeople’s organization must be licensed by the Commission.

Rule 3.02.02:

Each Association shall ensure that it has an agreement with either of the following for the purposes of Section 3(1)(c)(iii) of the Pari-Mutuel Betting Supervision Regulations:

  1. a horsepeople’s organization licensed pursuant to Rule 3.02.01; or
  2. individuals licensed in good standing by the Commission and racing at that Association.

Failure to comply with this rule may result in fines or suspension.

Rules of Thoroughbred Racing

Rule 4.15.01

Where an Association has entered into an agreement with a horsepeople’s organization, representing participants racing at that facility, that horsepeople’s organization must be licensed by the Commission.

Rule 4.15.02

Each Association shall ensure that it has an agreement with either of the following for the purposes of Section 3(1)(c)(iii) of the Pari-Mutuel Betting Supervision Regulations:

  1. a horsepeople’s organization licensed pursuant to Rule 3.02.01; or
  2. individuals licensed in good standing by the Commission and racing at that Association.

Failure to comply with this rule may result in fines or suspension.

 

BY ORDER OF THE COMMISSION

John L. Blakney

Executive Director