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 Thoroughbred 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 Thoroughbred 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 Thoroughbred Racing be amended as follows effective April 19, 2019:
Chapter 15: Misconduct, Needles, Syringes And Searches
15.02.08
Subject to Rule§. 15.02.01 above and 15.38, if in an emergency and in the absence of all practicing or Commission Veterinarians or Official Veterinarians from the grounds of the Association conducting racing, it becomes necessary for any reason for the owner, trainer or attendant who has the care and control of a horse, to administer or cause to be administered orally any drug to such horse and, if at the time of such administration the horse has been entered in a race, the said owner, trainer or attendant shall report the matter fully to the Commission Veterinarian or the Official Veterinarian as soon as he/she returns to the grounds, who shall immediately report the incident in writing to the Stewards or any of them as soon as one or more of them comes upon such grounds and the Stewards shall scratch such horse or permit it to run as they may deem proper.
Standards-Based Race Da Medication Ban
15.38 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, except for emergency treatment, which treatment •.viii result in the horse being scratched from the race.
- 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 of the first race on the day of racing. Furosemide properly administered in accordance with the Ontario Thoroughbred Exercise Induced Pulmonary Haemorrhage (EIPH) Program shall not be considered a violation of Rule 15.38.
- 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 exception of Official and Commission Veterinarians.
- 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.
- Should a veterinarian be required 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 Steward as soon as reasonable in the circumstances and the_horse shall be scratched.
- If a horse has raced after unauthorized 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.
- A Steward may order the withdrawal or disqualification of any horse that has been administered any medication contrary to Rule 15.38.
15.06.03 Notwithstanding 15.06.01, the Commission and all delegated officials shall consider the following to be absolute liability violations:
- Any trainer whose horse(s) tests positive for any substances determined to be non-therapeutic;
- Any trainer whose horse(s) tests positive resulting from the out-of-competition program;
- Any trainer whose horse(s) tests positive resulting from testing in accordance with or under the Pari-Mutuel Betting Supervision Regulations;
- Any trainer whose horse(s) level of TC02 equals or exceeds the levels set out in Rule 37.01;
- Any trainer whose horse(s) is administered a medication, drug or substance contrary to Rule 15.38.
Chapter 27: Commission Veterinarians, Official Veterinarians and Other Veterinarians
27.17 A veterinarian may be held wholly or partially responsible if any drug, substance or medication administered or prescribed by him or her is a cause for:
- The issuance of a certificate of positive analysis under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada),
- An excess level of total carbon dioxide for purposes of the Rules, or
- The detection of the antibodies of erythropoietin or darbepoetin for purposes of the Rules, or
- A violation of Rule 15.38,
and, if held wholly or partially responsible, may be subject to a monetary penalty and/or suspended by the Stewards.
BY THE ORDER OF THE REGISTRAR
Jean Major
Registrar