Integrity, Safety, and the Public Interest in Ontario Horse Racing

The Issue

In a highly competitive and global horse racing market, it is essential that races at Ontario’s licensed racetracks are consistently conducted in a safe, fair, and honest fashion. This means ensuring that Ontario has the right rules, procedures, technology, and expertise in place to prevent and detect instances where a racehorse or race participant is at risk of injury, or has an unfair advantage or disadvantage.

What We Do

Integrity, safety, and protecting the public interest is of the utmost importance to the AGCO. The AGCO has practices and procedures in place for race days and non-race days that focus on integrity and safety. Such practices and processes include:

In partnership with the CPMA, post-race equine drug testing, out-of-competition drug testing, and inspections ensure appropriate use of therapeutic drugs. To prevent the misuse of equine drugs:
- The CPMA establishes equine drug elimination guidelines, and tests official samples taken from equine athletes;
- AGCO Race Officials determine which horses are called for testing;
- The CPMA, upon testing, provides positive results to provincial regulators such as the AGCO; and,
- AGCO Race Officials and inspectors conduct positive test reviews, inspections, and determine penalties and suspensions as per the AGCO Rules of Racing.
Veterinary presence during race days, conducting pre-race exams;
Legislative protection of racehorses to prevent neglect and abuse;
In-race specific rules, such as interference and over-urging; and,
Accident and death reviews and inspections.

What We Heard

The majority of the feedback received through the consultation paper and during Roundtables centred on enhancing integrity, improving safety protocols, and protecting public confidence. Feedback was focused on equine drug use, equine welfare, jockey and driver safety, and a need for more reliance on education, research, and information sharing.

Equine Drugs

Industry feedback on the positive test process, specifically the penalty structure related to positive tests, and repercussions for results that are perceived to be unlikely to enhance performance. The following feedback was repeated by industry:

Share information pertaining to positive tests to better educate the industry and the general public on:
- What is being tested for;
- Statistics surrounding positive tests; and,
- Explain therapeutic positives versus Class I and II positives.
Testing guidelines and fact sheets could be made more widely available and centralized on the AGCO website.
The AGCO and the CPMA should clarify their roles to industry and should find ways to avoid duplicating efforts to increase efficiencies. This includes improving participant access to the AGCO Rules of Racing and the CPMA’s Drug Guidelines booklet.
Establish a Positive Test Review Panel, which could include industry participants, veterinarians, chemists, or other relevant experts. The panel could review each positive test to help determine the cause of the positive, based on the evidence collected, and could help advise the AGCO of an appropriate penalty.
Review the current progressive discipline system, whereby each subsequent positive test results in stricter punishment.
Shared responsibility for a positive test to be passed on to owners or veterinarians, under some circumstances.
Eliminate the suspension of horses for 90 days after receipt of a positive test, or replacement of the penalty with:
- A shorter suspension period;
- A suspension period dependent on the class of drug; or,
- The requirement that the horse can return to racing once it has tested clean for the drug in question.
Align penalties with evidence-based reviews of the intention to cheat, reflecting that some positive tests are the result of contamination or accidental medication overages.
- Have more severe penalties for Class I and II (Prohibited substances in horse racing are divided into classifications, with Classes I and II containing more severe drugs that have a high likelihood of affecting performance, and are unlikely to be used for therapeutic purposes [i.e. opiates]) substances used with an intention to gain advantage in a race, and introduce education related penalties for lower Classes of drugs.

Additional Feedback On Equine Drug Use & Equine Drug Programs

Extend suspension penalties up to 100% for any offence where a horse’s health is shown to be at risk, on an extended basis, due to medication revealed through a positive test.
Any placement on the Stewards’ list should be automatically stayed on presentation of a “clean” test for the horse, except on application by the Registrar to the Horse Racing Appeal Panel (HRAP), thereby putting the onus on the Registrar to demonstrate why a stay is not appropriate.
Phase-out race day medication.
Align Ontario drug protocols and testing with other jurisdictions in the United States, including the adoption of the Association of Racing Commissioners International (ARCI) model rules.
Ban trainers with previous positives in the United States (U.S.) from racing in Ontario.
Create a provision for horses with allergic reactions to Lasix. The current program states that once a horse goes on the program it must remain on the program for 100 days. An added provision could ensure a suitable workaround for this current restriction.
Horses being treated with Lasix could be denoted as L on racing programs as opposed to L-, which gives the impression the drug has been discontinued. In general, Lasix program statuses could be better communicated.
Move to a policy of strict liability, rather than absolute liability, so that licensees are regulated for their actions.
Increase drug testing and institute a chargeback system effectively making participants responsible for additional testing costs.
Apply a portion of winner’s purse to the cost of drug testing.
In an effort to boost testing coverage and to better understand what substances are being used in racing, it was suggested the AGCO conduct a full drug screen on out-of-competition samples. This could further include more onsite farm inspections.
Horses with an abnormal improvement in performance and race times should be tested.
Race Officials should share why a horse has been picked for testing.
Positive test findings should be made public, with full details of the testing process – this information should be posted in every program, but should only be made public once due process has been completed.
Any horse that changes ownership should not be allowed entry into a race for 7 days. This would alleviate any responsibility of outstanding medication issues from the previous owner.
Reduce or better align Total Carbon Dioxide (TCO2) testing for Quarter Horses with other breeds or eliminating it outright.
Enhance the Standardbred and Thoroughbred TCO2 testing programs while lowering unit costs. The majority of TCO2 program expenses are fixed, therefore additional samples can be collected and tested with little incremental costs.
Remove the TCO2 20 minute “prior-to-post” sampling stipulation in favour of permitting testing at any time a horse is on race grounds.
Have an AGCO Veterinarian administer pre-race Lasix shots.
Restrict non-AGCO veterinarian access to stalls on race days unless for emergency purposes.

Equine Welfare

Industry feedback included a particular interest in equine welfare. Seeking enhancements in this area would build public confidence through information sharing and ensure the public is aware of all the initiatives, practices, and protocols that take place to support equine welfare. Industry feedback included suggestions for:

The introduction of a horse passport system to consolidate all equine medical history and information as tracked by trainers and veterinarians.
- Such a concept could be supported by the implementation of microchips.
More reliance on risk-based evaluations of drugs and emerging drug use.
Communications to the industry and the general public on neglect and abuse investigations, and an anonymous contact line so animal cruelty tips can be provided.
Enhanced partnerships between the AGCO, the industry, and animal welfare groups to promote equine welfare and to continuously improve compliance with equine welfare protocols.
Clarification of pre-race veterinary exams and transparency around when they are done, why, and how.
- Mixed views on enhancing pre-race veterinary exams were noted, with some stakeholders seeking more veterinary exams, and others requesting fewer.
Enhanced control and surveillance measures, such as:
- Participants providing documentation to racetracks within 24 hours prior to entering the grounds to ensure equine athletes have sound health;
- Increasing surveillance cameras on the backstretch and in race paddocks; and,
- Mandating racehorses to be on the racetrack grounds 24 hours prior to a race, or developing retention barns.
The requirement that all racetracks have publicly available biosecurity and emergency management protocols.
Stricter enforcement of rules that are currently in place to protect equine athletes, such as over-urging or ensuring tight reins over the finish line.
The AGCO, the College of Veterinarians of Ontario (CVO), and wider industry groups should work closely together to create support avenues for participants in financial difficulty who may be unable to afford veterinary care to deter participants from practicing veterinary medicine without a licence.
Implement an initiative similar to the “On Call” (“On Call” is an innovative media-assistance program developed to provide accurate veterinary information to the broadcast and print
media during live-network races) program developed by the American Association of Equine Practitioners (AAEP).
The veterinarian list could be changed to accommodate Commission/Official veterinarian discretion to take horses off the list before the required 7 days.
Introduce standards for veterinary viewing offices, to ensure each location has reasonable sight lines, lighting, temperature control, and general freedom from distractions.
Introduce a limitation on intra-articular treatments within a certain number days of racing, and/or create a publicly available registry for all horses that have received intra-articular treatments to prevent the masking of joint issues, for the safety of participants and equine athletes.
Establish regulatory venipuncture maximums and support improvements in the administration of medical records.
Coggins testing every two years for every breed.

The industry presented a drive towards better health tracking, and overall improvement of an equine’s total health index throughout its life – from birth, to racing, to post-racing career. Feedback to the AGCO included:

Pre-Race Career	Race Career	Post-Race Career
Government should make legislative amendments to the definition of a racehorse to better protect equine well-being. Use of microchips in all breeds to track veterinary or biological-based data and history.	Standardization of weather cancellation protocols and racetrack surface requirements. Ensure at least one veterinarian is available on racetrack grounds during all races and training hours. Consider evidence-based “fitness-to-compete” assessments for horses. Mandate a number of minimum rest days or cap on starts per race calendar. Limit the use of shockwave machines to veterinarians, which should aid in the ability to ensure compliance. Review the design and use of whips. Whips could be designated as driving/ riding safety tools, carried only for safety management. Or consider alternatives to whips, such as new, shorter devices with flappers. Wand jockeys to prevent electronic shocking of Quarter Horses.	Support the development of retirement paths for racehorses, such as ensuring re-homing efforts are made prior to slaughter. Ensure racehorses do not leave the racetrack to go directly to slaughter. Owners and trainers should be made accountable for the after care of their horses.

Participant Safety For Jockeys And Drivers

The AGCO’s Rules of Racing support the safety of jockeys, drivers and other participants, (e.g. the requirement that safety equipment be worn). Throughout the consultation process, participants requested that some higher standards be brought to racing, reflecting standards found in other racing jurisdictions and sporting leagues, including:

Increase permitted jockey weights and provide jockeys better access to weigh-in stations.
Introduce concussion protocols for riders reflecting increased attention to the issue in other professional sports, and research highlighting the dangers associated with brain injuries.
Increase oversight of exercise riders to ensure safety.
Further formalize safety standards in the backstretches, and race paddocks, such as mandatory boot requirements for participants handling horses.

Racetrack Maintenance And Operations

There was significant feedback from all three breed groups on the need to address racetrack maintenance and surfaces. Stakeholders indicated that there is little maintenance consistency between racetracks and that the rules should promote uniformity of racetrack conditions across the province. Specific feedback included:

Maintenance standards should be informed by a best-practices baseline study conducted by experts in the field, with the objective of producing a measurable standard for all racetracks.
The AGCO should improve enforcement of Policy Directive 2-2010, which outlines the current minimum surface standards for racetracks, and the AGCO should convene a meeting between racetrack maintenance staff and horse persons’ representatives to review the issue.
It was suggested that the AGCO develop regulatory standards to ensure a safer and healthier working environment (e.g. proper and better drainage, new stalls, more urine stalls) at all racetracks, as informed by baseline studies.
To better monitor racetrack surfaces and impact on participant safety – a database should be created to aggregate injury information from all Ontario racetracks in order to monitor horse welfare.
Certain surfaces were viewed by stakeholders as being detrimental to all athletes, and as such there was a call for changes to such surfaces.
Respondents voiced concerns about racetrack working conditions, infrastructure, and a general need for facility updates. There were calls for a greater focus on racetrack investments and backstretch maintenance.

Additional Ideas for Operational Changes at Racetracks

Post time adherence is something that could be reconciled. Customers need consistency on observing these because it affects betting.
Lengthen race cards.
Ban minors from the backstretch, and all smoking.
Use slanted start gates at half-mile racetracks to improve fairness.
Improve backstretch access areas so that workers can access properties from all sides throughout the day.

Education, Research, Information Sharing

Requests for improved education, research, and information sharing centred on transparency, clarification, and accountability in the industry as a whole. Such requests were intended not only for the betterment of industry participants, but for the enhancement of the general public’s understanding of Ontario’s practices, successes, and improvements in horse racing. Currently the AGCO website is the hub for regulatory information for Ontario horse racing and includes all the rules, directives, and information on licensing and officiating. In addition to the ideas found in other sections of this Report, requests included:

Create a “bottom up” approach to education in the industry. Licensing requirements should be tied to education and development of a career path for participants.
Increase communications focused on how industry members and practitioners make equine health and welfare a priority, allowing the industry to focus on positive public perception.
Enhance education to industry on the rules to support ongoing compliance. For example, consistent with other lines of business at the AGCO, introduce a newsletter which provides timely information and news on the regulatory rules governing horse racing in Ontario to support increased compliance.
Promote the use of fact or tip sheets to educate the industry. For example, fact sheets on how and why medication is used to benefit racehorse health would be beneficial.
Simplify the Rules of Racing. They are currently onerous to understand due to their length and complexity. Rules also need to be evidence-based, with intended outcomes that are clear.
Make relevant rules and directives available online in a single location to ensure all participants can meet regulatory requirements. Consider consolidating rules and directives into one document.
Clearer, more accessible veterinarian lists with the removal of horses from the list at the end of the race season, and more communication with trainers when a horse is put on or removed from the list.

The Equine Death Registry

Under the Equine Death Registry program, the death of a racehorse must be reported to the AGCO with details regarding the death, including where it occurred, when, and how. The information within the Registry is used to inform policies to prevent future deaths and accidents and is analyzed by AGCO veterinarians. Industry feedback on the registry included:

The AGCO should report aggregated findings on deaths and accidents in an annual report, with consultation from certified specialists.
Gross post-mortem reports should be shared with the treating veterinarian.
Transparency surrounding the death registry and accident information could enhance knowledge within the industry, develop risk-based assessments, and build public confidence.
Notification of a racehorse’s death should be within 8 hours of demise, given that the current 48 hour time frame leads to body decay and a loss of information from diagnostics.