Chapter 9: Official Samples and Positive Tests

9.01  Part V of the Pari-Mutuel Betting Supervision Regulations, under the Criminal Code (Canada) establishing:

1. Retention areas, related facilities and equipment;
2. Test inspectors;
3. Collection procedures and conduct in retention areas;
4. Analytical procedures; and
5. Official chemists at laboratories;

is hereby adopted by the Registrar subject to the following rules.

9.02.01  A certificate of positive analysis of an official sample completed in accordance with section 165 of the Pari-Mutuel Betting Supervision Regulations purporting to be signed by one or more official chemists and stating that the chemist or chemists has or have analyzed or examined the substance and stating the result of the analysis or examination, will be considered by the Judges in making any decision and, in absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person or persons appearing to have signed the certificate.

9.02.02  Deleted.

9.03  Horses in every heat or race or performance against time involving pari-mutuel wagering may be ordered to the retention area by the Judges. An official sample shall be taken for the purpose of determining thereby the presence of any prohibited medications under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada). In addition to the foregoing, the Judges may order any horse in any qualifying race to the retention area for the purpose of determining thereby the presence of any prohibited medications under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada). Further, the Judges or the Commission Veterinarian in any meeting may order any horse other than the winner to the retention area for an official sample to be taken.

9.04.01  A horse shall not be allowed to race in the Province of Ontario if the taking of an official blood sample is refused, unless the Commission Veterinarian or Official Veterinarian, for good cause, in his or her judgment, excuses the taking of the sample.

9.04.02  The obtaining of all official samples shall be the responsibility of the chief test inspector, or his or her designate, except blood samples which shall be taken by the Commission Veterinarian or Official Veterinarian or a licensed veterinarian or other persons authorized by the Registrar.

9.05  When a horse is in the retention area it shall be under the complete control and authority of the chief test inspector. In the case of all horses from which an official urine sample has been ordered, an effort shall be made to obtain the official urine sample by normal and natural means. If however, the chief test inspector is unable to secure an official urine sample within the time specified in the Pari-Mutuel Betting Supervision Regulations, a Commission, licensed veterinarian or registered veterinary technician, at the request of the chief test inspector, may draw an official blood sample from the horse, provided a statement duly signed by the owner or trainer is given to the Commission Veterinarian or Official Veterinarian to the effect that the owner or trainer accepts full responsibility for any adverse effects that such horse may incur as a result of such an official blood sample being taken. The official blood sample is to be delivered to the chief test inspector to be tagged and shipped to the Official Chemist in the same manner as is presently in effect for all other samples.

9.06  Should an Official Chemist’s report on an official sample taken from a horse be positive, he or she shall immediately notify the Commission. This notification shall be taken as prima facie evidence of a positive test. The Official Chemist shall then confirm such findings with the Commission.

9.07  Upon being advised of the positive test the Commission shall notify the trainer or his or her responsible representative as expeditiously as possible.

9.07.01  Once the Commission has notified the trainer or his or her responsible representative pursuant to Rule 9.07, the Judges or Administration may:

1. Inform the trainer that he/she will be permitted to continue with his or her business as trainer;
2. Inform the trainer that he/she has been suspended and that none of the horses in his or her custody or under his or her care and control shall be allowed to start until the matter is considered and disposed of or until the horses have been turned over to another trainer or trainers approved by the Judges;
3. Place conditions on the trainer’s licence;
4. Determine the eligibility of the horse.

9.07.02  The Commission shall inform the owner and the Racing Association concerned, as expeditiously as possible, of their actions regarding the positive test.

9.07.03  Deleted.

9.08.01  Deleted.

9.08.02  Upon a finding of a violation of the positive test rules, the Judges shall consider the classification level of the violation as currently established by the Uniform Classification Guidelines of Foreign Substances as promulgated by the Association of Racing Commissioners International, Inc., or any other guidelines established by the Registrar.

9.09  Any person has violated the rules who:

1. Administers or influences or conspires with any other person to administer to a horse, to affect the performance or condition of such horse, any drug which results in a positive test;
2. Enters a horse in a race, allows or authorizes a horse to compete in a race that has been administered any drug which results in a positive test.

9.10  If the Judges find that there has been improper interference or substitution in the taking of an official sample, they shall consider it a violation and take such action as they deem proper against any person found by them to have committed such a violation.

9.11  Any horse from which an official sample has been ordered by the Judges shall be taken directly and without delay to the retention area by the person or persons having care and control of such horse. Failure to do so is a violation of the Rules and they and/ or the horse may be suspended until the Judges have considered and dealt with the matter.

9.12.01  Any owner, trainer or designated representative of the owner having the care, custody or control of any horse, who refuses to allow an official sample to be taken or who refuses to allow the horse to remain in the retention area for the minimum time period required by the Judges shall be subject to the same penalty as if a positive test had been obtained from such horse.

9.12.02  Only the owner, trainer or designated representative of the trainer, to a maximum of two persons having a valid Commission licence on their person, are permitted to have care, custody or control of a horse in the retention area. Failure to present the licence may result in a monetary penalty and/or suspension.

9.13  The detection of any drug in an official sample by the Official Chemist which constitutes a positive test shall disqualify the owner from participation in the purse distribution in that race and the horse shall be declared disqualified except for pari-mutuel wagering. In such case, the purse monies so affected shall be redistributed among the other horses in the race entitled to same, and any time record which may have been established shall be null and void.

9.14  Subject to the Rules, all rulings made regarding positive tests may be subject to appeal to the HRAP.

9.15  Deleted.