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 crop be limited to:
- underhand use only, and
- no contact with the horse with the crop in the cocked position;
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 Racetrack on October 18, 2019 and be evaluated throughout the remainder of the 2019 racing season with the aim of the revisions being implemented across all Ontario Thoroughbred racetracks in 2020;
TAKE NOTICE that the revisions shall not apply to Quarter Horse Racing;
AND FURTHER TAKE NOTICE that the Registrar rescinds Policy Directive No. 4-2009 Penalty Guidelines for Inappropriate Urging of a Horse in Thoroughbred Racing and hereby orders the Rules of Thoroughbred Racing be amended commencing October 18 2019:
Rules of Thoroughbred Racing 2018
Chapter 9
Jockeys
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9.27.07 At any time while on the grounds of an Association, it is a violation for a jockey, or rider, or the person in control of the horse, to use the riding crop to hit or make contact with the horse as follows:
- To raise their hand(s) above their shoulder;
or - To hit another horse;
or - To cut or severely welt a horse;
or - To hit the horse overhanded; or
- To hit the horse with the crop in the cocked position.
9.27.08 Violation of any of the provisions in Rule to 9.27.07 may result in any of the following penalties:
- Monetary penalty;
- Suspension;
- Placement;
- Disqualification ; and/or
- Any other penalty as ordered .
Further particulars in respect to the penalties are provided in Policy Directive 4 2009 Thoroughbred Directive 4-2019, which also provides principles which serve as a guide for interpretation. The Directive may be modified from time to time by the Registrar.
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Quarter Horse Appendix
Pari-mutuel Quarter Horse Racing shall be governed by the Rules of Thoroughbred Racing 2018, with the following exceptions:
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Thoroughbred Directive No. 4 - 2019 - Revision to Urging Provisions, shall not apply to Quarter Horse Racing.
PENALTY GUIDELINES RULE 9.27
Any violation of Rule 9.27.05, 9.27.06 and 9.27.07 is an offence and covered by this penalty structure.
Races with a purse of under $100,000
| 1st offence | ||
|---|---|---|
| Min Monetary Penalty | $200 | |
| Minimum Riding Suspension | 0 days | |
| Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules.
| |
| 2nd offence within one year of the 1st offence | ||
|---|---|---|
| Min Monetary Penalty | $300 | |
| Minimum Riding Suspension | 1 day | |
| Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules | |
| 3rd offence within one year of the 1st offence | ||
|---|---|---|
| Min Monetary Penalty | $500 | |
| Minimum Riding Suspension | 3 days | |
| Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules | |
| 4th offence within one year of the 1st offence | ||
|---|---|---|
| Min Monetary Penalty | ||
| Minimum Riding Suspension | Immediate Suspension | |
| Other Penalty | Referral to the Director | |
OFFENCE - Cutting or Welting the Horse
| 1st offence | ||
|---|---|---|
| Min Monetary Penalty | $300 | |
| Minimum Riding Suspension | 1 day | |
| Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules | |
| 2nd offence within one year of the 1st offence | ||
|---|---|---|
| Min Monetary Penalty | $500 | |
| Minimum Riding Suspension | 3 days | |
| Other Penalty | Mandatory meeting with the Stewards for the purposes of providing training on the Rules. | |
| 3rd offence within one year of the 1st offence | ||
|---|---|---|
| Min Monetary Penalty | ||
| Minimum Riding Suspension | Immediate Suspension | |
| Other Penalty | Referral to the Director | |
| Races with a purse of $100,000 and over |
|---|
| For any offence that takes place in a race where the purse is $100,000 or more, the penalty shall be a minimum monetary penalty of 20% of the jockey's earnings for placings 1st through 5th and shall be a minimum monetary penalty equivalent to 20% of the jockey's earnings for 5th place for placings 6th and on. If in the opinion of the Stewards, the offence was egregious, a riding suspension may be issued. While discretion is available to the Stewards, the riding suspension should be calculated at 1 day riding suspension for each $200,000 of total purse money for the race. |
| Placing of a horse may be considered by the Stewards where the misuse of the riding crop caused interference with another horse or, in the opinion of the Stewards , there has been a flagrant disregard for these rules. |
|---|
Application of the Guidelines will take into consideration the following:
- This penalty structure provides guidance to Stewards as to minimum penalties for inappropriate urging of the horse, and for the cutting and welting of a horse.
- The penalty for any subsequent offence cannot be less than the previous offence, regardless of whether the offence is for inappropriate urging of the horse or for cutting and welting of a horse.
- Any cut or welt offence shall be counted and considered by the Stewards as the next offence for inappropriate urging on a cumulative basis.
- For races under $100,000, the penalty structure is progressive in nature, irrespective of which of the encompassed rules are violated. For races over $100,000 the penalty is aligned with the purse value of the race
- In determining whether a violation of the Rules has occurred or in assessing penalty, Stewards 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 rider, horse, participant or patron.
- In assessing penalty, Stewards may also consider aggravating factors, such as the licensee's history of violations pertaining to inappropriate urging of the horse (which offence/s occurred more than a year before the subject offence or under a different category).
- If the offence is sufficiently egregious, the Stewards 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 an offence 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 9.27.05 (a), the following are examples of indiscriminate action but do not constitute an exhaustive list:
- Use of the riding crop during the post parade or after the wire, except when necessary to control the horse;
- Striking the horse with the butt end of the riding crop;
- Hitting the horse with the riding crop in an area other than the shoulders or hind quarters;
- Punching the horse;
- Hitting the horse with the riding crop overhanded;
- Hitting the horse with the riding crop in the cocked position.
Excessive action means unreasonable quantity or degree.
For the purposes of Rule 9.27.05 (b), the following are examples of excessive action with respect to inappropriate urging of the horse but does not constitute an exhaustive list:
- Use of the riding crop when a horse is not in contention in a race;
- Use of the riding crop more than 3 times in a row without giving the horse time to respond
Aggressive action means inhumane, severe or brutal activity
For the purposes of Rule 9.27.05 (c), the following are examples of aggressive action but do not constitute an exhaustive list:
- Use of the riding crop on the head, or in the area surrounding the head of the horse;
- Use of the riding crop on the belly, or in the area surrounding the belly of the horse;
- Use of any object or stimulating device and/or application; or
- Leaving any cuts, abrasions or severe welts on the horse caused by the riding crop;
Meaningful Position (9.27.06) means the horse has a reasonable opportunity to finish in an advantageous position. Examples of meaningful include, but are not limited to, maintaining times, receiving points towards future races or earning purse monies
Giving the horse a chance to respond (9.27.05 Excessive Action) means limiting the number of strikes applied to a horse in succession, in order to give the horse a chance to respond to the application. The rule requires that riding crop use shall not be continued if the horse is unable to respond or does not respond. The skill of the jockey comes in to play in assessing the horse's ability to continue to respond. The riding crop is one of a number of tools available to the jockey to encourage the horse forward, weight, voice and hand riding being others.
BACKGROUND
Under a process established by the Executive Director in the fall of 2008 to gather industry input on the appropriate use of the riding crop in horse racing, it was recognized that the use of the riding crop is a necessary tool in racing.
The following principles were agreed to and serve as a guide for all decision making on rule development:
- Ensure the welfare of the horse
The welfare of the horse is paramount and guides decision making in all matters. - Promote safety for racing participants (including the horse)
Where the safety of racing participants has been compromised, appropriate action shall be taken. - Create simple, clear and consistent rules
To be adhered to, rules must be written and communicated in a straightforward manner. - Address customer/public perception and education
Shifting public sensitivity on the use of the riding crop in horseracing must be recognized by all industry participants, who must also do their part in educating new fans about the sport. - Support growth of the customer base
Racetrack management has identified use of the riding crop 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 revision of rules regarding the appropriate methods for urging a horse in racing.
BY THE ORDER OF THE REGISTRAR
Jean Major
Registrar