Preamble

WHEREAS after consulting with the public and industry with respect to proposed rule changes and consistent with the Alcohol and Gaming Commission of Ontario (AGCO)'s movement towards standards-based rules, there was favorable support in the Standardbred industry to revise the current rules and implement a ban on race day medication, with exception of Furosemide properly administered in accordance with the Ontario Standardbred Exercise Induced Pulmonary Haemorrhage (EIPH) Program;

AND WHEREAS this rule is not intended to prohibit normal, non-medicated feedstuffs (natural feed such as oats, sweet feed, pellets, hay and hay cubes) and water, non­ medicated shampoos and topical applications, hoof oils/dressings;

AND WHEREAS this rule will enhance the health and safety of horses and participants, and the integrity of racing;

TAKE NOTICE that the Registrar hereby orders the Rules of Standardbred Racing be amended as follows effective April 19, 2019:

Chapter 6: Violations, Penalties and Expulsions

...

Standards-Based Race Day Medication Ban

6.53     No person shall administer, attempt to administer, or cause to be administered, any medication or substance by a nasogastric tube to a horse on race day prior to its race, m cept for emergency treatment, which treatment will result in the horse being scratched from the race.

1. Trainers and veterinarians shall ensure that a horse entered to race is not administered any medications, drugs or substances 24 hours prior to post time oJ the first race on the day of racing. Furosemide properly administered in accordance with the Ontario Standardbred Exercise Induced Pulmonary Haemorrhage (EIPH) Program shall not be considered a violation of Rule 6.53.
2. Trainers shall ensure that there is no unauthorized contact between horses and veterinarians 24 hours prior to post time of the first race on the day of racing, with the exceQtion_of Official and Commission Veterinarians.
3. Veterinarians shall not have unauthorized contact with horses 24 hours prior to post-time of the first race on the day of racing. Veterinarians licensed in multiple categories shall be prohibited from acting in the capacity as a veterinarian for a horse entered to race during the 24 hour period.
4. Should a veterinarian be regu_i_red to treat a horse entered to race within 24 hours prior to post time of the first race on the day of racing on an emergency basis, the veterinarian and the trainer shall notify a Judge as soon as reasonable in the circumstances and th horse shall be scratched.
5. If a horse has raced after unauthorize_d contact with a veterinarian. the horse shall be disqualified for the race in question and if any purse money was earned it shall be redistributed.
6. A Judge may order the withdrawal or disqualification of any horse that has been admlnistered ny medication contrary to Rule 6.53.

...

Chapter 8: Commission Veterinarians, Official Veterinarians and Other Veterinarians

...

8.11 A veterinarian may be held wholly or partially responsible if any drug, substance or medication administered or prescribed by him/her results in:

1. the issuance of a certificate of positive analysis under the Pari-Mutuel Betting Supervision Regulations,
2. an excess level of total carbon dioxide for purposes of the Rules, or
3. confirmation of the administration of
4. erythropoietin or any of its synthetic derivatives for purposes of the Rules,
5. a violation of Rule 6.53:

and, if held wholly or partially responsible, may be assessed a monetary penalty and/or suspended by the Judges.

Chapter 26: Trainers and Grooms

...

26.02.03 Notwithstanding 26.02.01, the Commission and all delegated officials shall consider the following to be absolute liability violations:

1. Any trainer whose horse(s) tests positive for any substances determined to be non-therapeutic;
2. Any trainer whose horse(s) tests positive resulting from the out-of-competition program;
3. Any trainer whose horse(s) tests positive resulting from testing in accordance with or under the Pari-Mutuel Betting Supervision Regulations;
4. Any trainer whose horse(s) level of TC02 equals or exceeds the levels set out in Rule 22.38
5. Any trainer whose horse(s) is administered a medication, drug or substance contrary to Rule 6.53.

 

By the order of the Registrar

 

Jean Major
Registrar

 

Preamble

WHEREAS after consulting with the public and industry with respect to proposed rule changes there was favorable support in the Standardbred industry to revise the current rules to expand instances where claims would be invalidated to include when a horse dies on the racetrack, or suffers an injury which requires euthanasia while on the racetrack.

AND WHEREAS this rule will enhance the health and safety of horses and participants, and the integrity of racing;

TAKE NOTICE that the Registrar hereby orders the Rules of Standardbred Racing be amended as follows effective April 20, 2019:

Chapter 15: Claiming Races

15.20.01

The Judges, at the option of the claimant, shall rule a claim invalid:

1. At the option of the claimant, if the Official Chemist reports a positive test on a horse that was claimed, provided such option is exercised within 48 hours following notification to the claimant of the positive test by the Judges;
2. At the option of the claimant, if the horse has been found ineligible to the event from which it was claimed;
3. At the option of the claimant, if approved post race testing procedures discloses that an improper medication or drug was found to be present in the sample of the claimed horse and reported in the analysis report from the lab, provided such option is exercised within 48 hours following notification to the claimant by the Judges;
4. If the horse dies on the racetrack: or
5. If the horse suffers an injury which requires euthanasia while on the racetrack as determined by either a Commission Veterinarian or an Official Veterinarian.

BY THE ORDER OF THE REGISTRAR

 

Jean Major
Registrar

Preamble

WHEREAS after meeting with industry stakeholders and responding to requests to consider revising the current rules and Directives with respect to urging and specifically that use of the whip be limited to wrist action only;

AND WHEREAS this rule will enhance the health and safety of horses and participants, and the integrity of racing;

AND WHEREAS enforcement of the revisions will commence at Woodbine Mohawk Park, the revisions will be phased in across all Standardbred racetracks in Ontario at dates to be determined;

TAKE NOTICE that the Registrar rescinds Policy Directive No. 5-2009: Penalty Guidelines for Inappropriate Urging of a Horse in Standardbred Racing and hereby orders the Rules of Standardbred Racing be amended commencing June 3, 2019:

Chapter 22
Racing Rules

22.23.03  At any time while on the grounds of an Association, it is a violation of the Rules for a driver, or the person in control of the horse, to use the whip to hit or make contact with the horse as follows:

1. To raise their hand(s) above their head;
2. To cause the whip to move back beyond a 90 degree angle relative to the track use more than acceptable wrist action;
3. To cause any portion of the whip to be outside the confines of the wheels of the race bike;
4. To strike the shaft of the race bike, or the horse below the level of the shaft of the race bike;
5. To cut or severely welt a horse.

PENALTY GUIDELINES RULE 22.23

Any violation of Rule 22.23, to include subsections 22.23.01, 22.23.02, 22.23.03 and 22.23.04 is a violation and covered by this penalty structure.

VIOLATION - Inappropriate urging of the horse

VIOLATION - Cutting or Welting the horse

Application of the Guidelines will take into consideration the following:

1. This penalty structure provides guidance to Judges as to minimum penalties for inappropriate urging of the horse, and for the cutting and welting of a horse.
2. The penalty for any subsequent violation cannot be less than the previous violation, regardless of whether the violation is for inappropriate urging of the horse or for cutting and welting of a horse.
3. Any cut or welt violation shall be counted and considered by the Judges as the next violation for inappropriate urging on a cumulative basis.
4. The penalty structure is progressive in nature, irrespective of which of the encompassed rules are violated.
5. In determining whether a violation of the Rules has occurred or in assessing penalty, Judges may consider mitigating factors in exceptional circumstances. An example of conduct that may be viewed as a mitigating consideration would be striking a horse to prevent inevitable harm to another driver, horse, participant or patron.
6. In assessing penalty, Judges may also consider aggravating factors, such as the licensee's history of violations pertaining to inappropriate urging of the horse (which violation/s occurred more than a year before the subject violation).
7. If the violation is sufficiently egregious, the Judges may depart from the penalty structure and impose higher penalties than those enumerated in the chart above.

DESCRIPTION OF TERMS

This Policy was established to provide more description of what constitutes a violation under the Rules regarding inappropriate urging of the horse in Ontario racing:

Indiscriminate action means unrestrained or careless activity without regard for safety or care.

For the purposes of Rule 22.23.01 (a), the following are examples of indiscriminate action but do not constitute an exhaustive list:

1. Use of the whip in any manner between the hind legs of the horse
2. Loose lining or driving the horse so as to not have control of the horse
3. Kicking the horse
4. Striking the horse with the butt end of the whip;
5. Punching the horse; or
6. Any use other than acceptable wrist action.

Excessive action means unreasonable quantity or degree.

For the purposes of Rule 22.23.01 (b), the following are examples of excessive action with respect to inappropriate urging of the horse but does not constitute an exhaustive list:

1. Use of the whip when a horse is not in contention in a race;
2. Use of the whip without giving the horse time to respond to a previous application of the use of the whip
3. Use of the whip on the horse anywhere below the level of the shaft of the race bike.

Aggressive action means inhumane, severe or brutal activity.

For the purposes of Rule 22.23.01 (c), the following are examples of aggressive action but do not constitute an exhaustive list:

1. Use of the whip on the head or in the area surrounding the head of the horse.
2. Use of any object or stimulating device and/or application; or
3. Leaving any cuts, abrasions or severe welts on the horse caused by the whip;

Loose lining means the indiscriminate action of carelessly lengthening the lines while driving so as to allow the loopy shaking of the lines (i.e. butterfly action).

Meaningful Position (22.23.02) means the horse has a reasonable opportunity to finish in an advantageous position. Examples of meaningful include, but are not limited to, maintaining qualifying times, receiving points towards future races or earning purse monies.

Confines of the wheels (22.23.03c) means that any part of the whip cannot move outside of a line which runs parallel to the horse from a point prescribed by the outside of the race bike wheel.

BACKGROUND

Under a process established by the Executive Director in the fall of 2008 to gather industry input on the appropriate use of the whip in horse racing, it was recognized that the use of the whip is a necessary tool in racing.

The following principles were agreed to and serve as a guide for all decision making on rule development:

1. Ensure the welfare of the horse
   The welfare of the horse is paramount and guides decision making in all matters
2. Promote safety for racing participants (including the horse)
   Where the safety of racing participants has been compromised, appropriate action shall be taken
3. Create simple, clear and consistent rules (and enforcement)
   To be adhered to or enforced correctly, rules must be written and communicated in a straightforward manner.
4. Address customer/public perception and education
   Shifting public sensitivity on the use of the whip in horseracing must be recognized by all industry participants, who must also do their part in educating new fans about the sport.
5. Support growth of the customer base
   Racetrack management has identified use of the whip as a barrier to increased customer growth. Participants must be involved, as our industry builds to creating a more desirable product

The outcome of the industry discussion has led to the formation of rules regarding the appropriate methods for urging a horse in racing and changes to driving styles to require a hand in each line for the entire race.

Loose lining: It was stressed by the participants that this change to driving style should not lead to the practice of "loose lining", which means the indiscriminate action of carelessly lengthening the lines while driving so as to allow the loopy shaking of the lines (butterfly action). It was agreed that these would be the type of actions counter to the intent of the rule changes and would present an undesirable product to the wagering public.

 

BY THE ORDER OF THE REGISTRAR

 

Jean Major
Registrar

Preamble

WHEREAS as of January 26, 2010, Terry BROOKS (#7306T0), Jeffrey BROOKS (#6368T7) and Andrew BROOKS (#962K25) were licensed as Owners under the Racing Commission Act, 2000, S.). 2000, c.20 (the "RCA"), and Rules of Standardbred Racing as amended;

AND WHEREAS as of January 26, 2010, Victoria BROOKS (#718K13) had recently applied for and received a stable licence effective January 11, 2010;

AND WHEREAS as of January 26, 2010, BULLETPROOF ENTERPRISES (#862K92), GOLDFINGER ENTERPRISES (#301L09), SEIZE THE DAY INDUSTRIES (#065L81), VAE LLC (#374J40) were stables associated with one or more of Terry BROOKS, Jeffrey BROOKS, Andrew BROOKS and Victoria BROOKS (together, the "Licensees");

AND WHEREAS on January 26, 2010, the Director, Ontario Racing Commission ("Director") found that (a) there were reasonable ground to believe that, while the Licensees carry out the activities for which a licence is required, the Licensees will not act in accordance with the law, or with integrity, honesty, or in the public interest, having regard to the past conduct of the Licensees; (b) the Licensees' conduct has placed the integrity of the horse racing industry in Ontario in question; and (c) the public interest required that the Licensees be suspended immediately (the "Order for Immediate Suspension");

AND WHEREAS on January 26, 2010, the Director issued Standardbred Ruling Number S.B. 14/2010 (the "Freeze Order") whereby he ordered that all Associations hold, freeze and maintain all funds, purse accounts or other monies related to the Licensees and Perfect World Enterprises (#185E79);

AND WHEREAS on or about January 26, 2010, Woodbine Entertainment Group froze funds held on behalf of the Licensees in the amount of $809,566.38 pursuant to the Freeze Order (the "Frozen Purse Monies");

AND WHEREAS on February 2, 2010, the Director issues a Notice of Proposed Order to suspend the Licensees;

AND WHEREAS on February 10, 201o, the Licensees requested a hearing before the Ontario Racing Commission;

AND WHEREAS on or December 20, 2010, Anderson & Goodrow Equine Veterinary Professional Corp. and Doyle Bloodstock Transportation Inc., creditors of the BULLETPROOF ENTERPRISES INC., each filed Notices of Garnishment in the Ontario Superior Court of Justice - Toronto Small Claims Court, listing Woodbine Entertainment Group as Garnishee (Court File No. SC-10-110002-00 and Court File No. SC10-95124-00, respectively);

AND WHEREAS on March 30, 2011, the Ontario Superior Court of Justice - Toronto Small Claims Court ordered that Woodbine Entertainment Group pay $45,511.68 of the Frozen Purse Monies into court pending the resolution of proceedings commenced pursuant to the Notice of Proposed Order and Hearing dated February 2, 2010;

AND WHEREAS on or about April 7, 2011, Woodbine Entertainment Group accordingly paid $45,511.68 of the Frozen Purse Monies into the Ontario Superior Court of Justice - Toronto Small Claims Court pursuant to its Order dated March 30, 2011 (the "Small Claims Monies");

AND WHEREAS on April 30, 2013, the Ontario Racing Commission resolved proceedings arising out of the Notice of Proposed Order dated February 2, 201o as   against   GOLDFINGER   ENTERPRISES   (#301L09),   SEIZE   THE   DAY INDUSTRIES (#065L81), VAE LLC (#374J40), Terry BROOKS, Andrew BROOKS and Victoria BROOKS in exchange for the payments of fines and forfeiture of certain purses that are not subject to the Forfeiture Order (defined below);

AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission found that Jeffrey Brooks and BULLETPROOF ENTERPRISES had contravened Rules 6.13.01, 3.09, 6.13.01 and 6.20 of the Rules of Standardbred Racing;

AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission granted an order declaring the ineligibility of the following horses to race and to compete for purse money and disqualifying as ineligible the horses raced by BULLETPROOF ENTERPRISES in Ontario in 2009 and 2010 as follows:

Horses Raced in 2009

1. A Filly to Fear
2. Ala Carte Bill
3. Amazon Art
4. Babylon Sister
5. Betting Terror
6. Big Lead
7. Blind to See
8. Blue Suede Shoes
9. Bouncing Hanover
10. Bridled Terror
11. Bring Home Hinda
12. Brooklyns Best
13. Candy Hall
14. Cannae Camme
15. Change the Locks
16. Cheap Motel
17. China Art
18. Cinderella Guy
19. Cold Chills
20. Comache Hall
21. Coming Late
22. Coming on Time
23. Cuz She Can
24. Dangerous Years
25. Did It Again
26. Doctor Seth
27. Dome on a Rock
28. Don't Give Up
29. Drink Up
30. Electric Energy
31. Everyday
32. Everyone Counts
33. Fashion Week
34. Fast Standing Still
35. Final Curtain
36. Four Starz Credit
37. Front Cover
38. Go Shuffle
39. Gotta Travel On
40. Great Vodka
41. Heard It
42. Higher and Higher
43. lamperfectright
44. Ideal Race
45. If I can Dream
46. In Da Club
47. In Sight
48. In the Studio
49. Island Terror
50. It Hurts Me
51. It Was An Honor
52. Just Coming
53. Kabbala Karen B
54. Kato Not Now
55. Lisdean
56. Little Gold Ring
57. Live Free or Die Hard
58. Lord Terror
59. Marietta Hall
60. Michael Dee Miami
61. Model Magnate
62. Moving In Together
63. Need A Job
64. No Gain
65. Not Enough
66. One More Drink
67. Oscar Oscar
68. Overwhelming Shae
69. Paris the Heiress
70. Penthouse View
71. Political Terror
72. Power Off
73. Private Splendor
74. Professor Jeff
75. PW Love
76. Pw Roma Lover
77. PW Tootsie
78. PW True to You
79. Rescue Plan
80. Revolutionary Foe
81. Riggins
82. Runaway Energy
83. Sandy Annir
84. School Kids
85. Sexy Grin
86. Shacked Up
87. Short Words
88. Showherthemoney
89. Six Pistol
90. Slow Service
91. Straight Shooting
92. Terroronthebeach
93. The Life Boat
94. Thinkingonlyofyou
95. Vertical Horizon
96. Victim of Love
97. Waffles and Cream
98. Western Comedy
99. Western Thorn
100. Whin I call
101. White Sand
102. Withheld Info
103. Yellow Diamond
104. You Don't know Me
105. Youkeepmehangingon

Horses Raced in 2010

106. Amazon Art
107. Big Lead
108. Blue Suede Shoes
109. Cheap Motel
110. Cinderella Guy
111. Ideal Race
112. Marrietta Hall
113. One More Drink
114. . Power Off
115. Revolutionary Foe
116. Riggins
117. Runaway Energy
118. School Kids
119. Waffles and Cream

AND WHEREAS in Reasons for Decision dated August 29, 2013, a Panel of the Ontario Racing Commission ordered that any purse funds by the named horses being held under the Freeze Order be forfeited by the Applicants and redistributed amongst the owners entitled pursuant to the rules of racing (the "Forfeiture Order");

AND WHEREAS Rule 18.08.03 provides for the re-seeding of placement and re­ distribution of purse monies in the event of a disqualification;