Thoroughbred — Chapter 15: Misconduct, Needles, Syringes and Searches

15.01.01  Deleted.

15.01.02  Deleted.

15.01.03  Deleted.

15.02.01  No licensee except physicians, Commission Veterinarians or Official Veterinarians or veterinarians licensed by the Commission, registered veterinary technicians, veterinary student assistants, or other technicians as permitted by the Stewards or Registrar, who are under the supervision of a veterinarian and licensed by the Commission shall, within the grounds of the Association, have in or upon the premises or vehicle which the licensee occupies or has the right to occupy, or in their personal property or effects:

1. Any hypodermic syringe, hypodermic needle or any other device which could be used for the injection or infusion into a horse of any substance; OR
2. Any injectable (substance capable of being injected) which may be administered by a hypodermic syringe, hypodermic needle, or device (known technically as a substance for parenteral administration) without first securing permission from the Stewards or the Registrar.

15.02.02  Subject to the Horse Racing Licence Act, 2015, participants acting in any capacity at a race meeting approved by the Registrar, by so participating, consent to the examination, search and inspection referred to in the Rules, and to the seizure of any hypodermic syringe, hypodermic needle or any other device described in the Rules, and all drugs and medicaments including those listed in 15.31.1 or any kind which might be in his or her possession. Any drugs, medicaments or other material or devices seized may be forwarded by the Registrar to the Official Chemist for analysis.

15.02.03  Deleted.

15.02.04  No horse that has been denerved permanently or temporarily desensitized by any method above its pastern shall be eligible to enter a race. For the purposes of this rule a horse that has been denerved, blocked with alcohol or any other drug or medicament or procedure that totally desensitizes the volar or plantar nerves, will be deemed to have been denerved. The decision at any given time whether the horse has been denerved shall be the Commission Veterinarian’s or the Official Veterinarian’s..

15.02.05  The Commission Veterinarian or Official Veterinarian will record all information in connection with nerved horses on the pre-race card kept by the Commission. The information as to whether a horse has been nerved is available to licensed owners or trainers.

15.02.06  Horses that have been denerved prior to March 2, 2020, will be eligible to race provided the horse was previously on the Commission’s list of denerved horses.  No new horses will be added to the Commission’s list of denerved horses.

15.02.07  The AGCO shall post a list of all denerved horses.

15.02.08  Subject to Rules 15.02.01 above and 15.38, if in an emergency and in the absence of all practising 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.

15.03.01    

1. Urine and/or blood samples shall be taken from the winning horse of every race, and from such other horse(s) as the Stewards, Commission Veterinarian or Official Veterinarian shall direct. Such horse/s shall be sent immediately after each race to the retention area and placed in the custody of an employee of the Commission, Canadian Pari-Mutuel Agency or authorized person approved by the Commission (veterinarian, Registered Veterinary Technician [RVT]);
2. The Stewards, Commission Veterinarian or Official Veterinarian may direct the carrying out of any other examinations as may be ordered;
3. Failure to proceed directly to the retention (test) barn and/or TCO2 barn and remain therein until the required samples have been collected and/ or the horse has been released by the retention test barn and/or TCO2 test barn personnel, may result in forfeiture of the purse money, if any, and disciplinary action against the owner, trainer, or designated representative of the trainer, provided always that the Steward(s) may excuse a horse from attending and/or remaining in the retention barn for any reason which they in their discretion consider justified;
4. 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 when any specimen/s are taken from or examination made to a horse under his/her care, and shall remain until the sample tag, attached to the specimen, shall be signed by him/her as witness to the taking of the specimen or the examination is completed.  Failure to present the licence may result in a monetary penalty and/or suspension.

15.03.02  The taking of the tests shall be the responsibility of the Chief Test Inspector, and those under his/her supervision shall perform such duties as may be assigned to them by him/her. Part V of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) recites the procedure to be followed in the collection and identification of urine or blood specimens from horses at the tracks, and all officials shall adhere to these rules.

15.03.03  Part V of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) recites the procedure to be followed in the collection and identification of urine or blood specimens from horses at the tracks, and all officials shall adhere to these rules.

15.03.04  If a Urine Inspector is unable to get a urine sample within two hours from the time the horse arrives at the retention barn, or with respect to the last race, one hour after the last race, the Chief Test Inspector shall contact a Commission Veterinarian, Official Veterinarian or Registered Veterinary Technician who will withdraw a blood sample. The Commission Veterinarian, Official Veterinarian or Registered Veterinary Technician shall draw the blood sample which shall be collected, packaged and sealed in the prescribed manner set down by the Canadian Pari-Mutuel Agency. The trainer or his/her representative shall witness the sample being taken and sign test card.

15.03.05  All abandoned urine tests shall be reported to the Stewards as soon as is convenient.

15.03.06  No person shall be admitted to the testing enclosure except the staff immediately in charge of such work, members of the Commission, duly accredited representatives of the Canadian Pari-Mutuel Agency, officials, employees and persons authorized by Urine Service Rules, the Registrar, the Stewards, any Commission Veterinarian or Official Veterinarian, a representative of the Association and such other persons as may be authorized in writing by the Registrar.

15.03.07  If the Stewards find that there has been improper interference or substitution in the taking of a urine specimen under Rule 15.03.01, subject to Rules 15.04.02 and 15.04.04, they shall take such action as they deem proper against any person found by them to have improperly interfered with the taking of the urine sample or substituted for the urine sample.

15.03.08  No horse shall be allowed to race in Ontario if the permission for the taking of such blood sample is refused, unless the Commission Veterinarian or Official Veterinarian, for good cause in his/her judgment, excuses the taking of the sample.

15.04.01  Should the Official Chemist’s report on urine, blood or other samples taken from a horse be positive, he/she shall immediately notify the Stewards or Registrar and this notification shall be taken as prima facie evidence of a positive test. He/she shall confirm such findings with the Commission.

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

15.04.02.2  Once the Commission has notified the trainer or his or her responsible representative pursuant to Rule 15.04.02.1, the Stewards 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 Stewards;
3. Place conditions on the trainer’s licence;
4. Determine the eligibility of the horse.

15.04.02.3  Deleted.

15.04.02.4  Deleted.

15.04.02.5  Deleted.

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

15.04.02.7  The procedure detailed in Rule 15.04.03 and in Rule 15.04.02.1 to.4 is also to be followed exactly when the urine or blood sample received by the Official Chemist is determined by him/her to be not entirely horse urine or blood.

15.04.03  When a horse is found to have been administered a prohibited medication resulting in a positive test, such horse shall be declared unplaced for every purpose except pari-mutuel wagering.

15.04.04  Deleted.

15.04.05  Deleted.

15.04.06  Deleted.

15.05  If the Stewards find that any prohibited drug has been administered to a horse before a race, they shall take such action as they may deem proper against any person found by them to have administered or attempted to administer any such drug.

15.05.01  Upon a finding of a violation of the positive test rules, the Stewards 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.

15.06.01  The trainer, groom and any other person who, in the opinion of the Stewards or the Registrar, has charge, custody or care of a horse:

1. Is obliged to properly protect the horse, guard it against the administration of a prohibited drug, protect the horse, and guard it against wrongful interference, or a substitution by anyone in taking of a urine or blood sample;
2. If such person should fail to so protect and guard the horse, he/she or they will be regarded as bearing responsibility along with the person who actually administered such drug, or wrongfully interfered with or substituted in the taking of a urine or blood sample. Where the Stewards find a failure to properly protect a horse, subject to Rule 15.04.02 they shall impose such penalty and take such action as they deem proper, or shall refer the matter to the Registrar.

15.06.02  Deleted.

15.06.03  Notwithstanding Rule 15.06.01, the Registrar 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, including a violation of 15.38, 15.40.01 or 15.40.02; 
3. Any trainer whose horse(s) tests positive resulting from testing in accordance with or under the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada);
4. Any trainer whose horse(s) level of TC02 equals or exceeds the levels set out in Rule 37.01;

15.07.01  No trainer shall knowingly employ or harbour anyone under suspension by a Racing Board or Commission which is a member or associate member of the National Association of State Racing Commissioners.

15.07.02  A trainer shall not knowingly have in their charge or under his/her supervision for the purpose of racing any horse owned, in whole or in part, by a suspended or unlicensed owner.

15.08.01  No one having a financial interest in the result of a race by reason of the ownership of any particular horse in the race, wagering, or financial gain, shall act in any official capacity in connection with the running of said race.

15.08.02  No Racing Official shall wager on the outcome of a race, nor shall any employee or licensee of the Commission or employee of any Association give to anyone, directly or indirectly, for reward or any other consideration, any information or advice pertaining to a race for the purpose of influencing any person, or that would tend to do so, in the making of a wager on any horse in any race. In the case of Association employees this shall not apply to selections which appear in the official program, newspapers, other approved publications, or over the radio, television or to the selling of approved publications.

15.09.01  Any act or omission related to Thoroughbred horse racing in any or all of its form, which, when measured against generally accepted standards of good conduct would be regarded as dishonest, unfair or unsportsmanlike or contrary to the public interest financially or otherwise, shall be deemed to be a violation of these Rules and shall be dealt with accordingly at the discretion of the Stewards. The Ruling and subsequent publication regarding penalty shall include the specific part of the Rules which the licensee violated. In determining whether any act or omission offends this Rule, regards may be had to any Code of Ethical and Professional Business Conduct that may have been adopted by a horsemen’s association.

The following subparagraphs of this Rule provide particulars of conduct contemplated by this Rule but are not meant to be exhaustive:

1. Without limiting the generality of the foregoing, the relationship between an owner and trainer shall be based on integrity, disclosure, maintaining the health and welfare of the horse and acting in the best interests of racing. Conduct unbecoming an industry participant also refers to conduct that occurs outside of the business of horse racing but which brings the industry into disrepute;
2. Any person who may gain a benefit, financial or otherwise, directly or indirectly, in connection with the sale, purchase, lease or claiming of a race horse shall disclose in writing to all affected parties involved in the transaction the details of such benefit or the existence of any arrangement that would lead to such a benefit;
3. All of the terms of a trainer’s engagement should be set out in a written contract between the owner and trainer. At a minimum, a trainer shall advise an owner in writing as to the services to be provided by the trainer for which the owner is to be financially responsible, the trainer’s rate schedule including day rate and commissions on purses earned by the horses and the terms of payment;
4. A trainer shall ensure that an owner is advised as soon as it is practical to do so of any material problems affecting an owner’s race horse in their care that could affect its racing potential or ability to be trained on a continuous basis;
5. If an oral offer is presented to a trainer to purchase or lease any interest in an owner’s horse, the trainer shall request that such offer be reduced to writing. A trainer shall immediately notify the owner of any written offer received;
6. A trainer shall maintain records relating to the particulars of any medications administered to horses in their care. For the purposes of this Rule, the term medication shall mean a medication that could result in a positive test;
7. A trainer shall not put his/her interest above the interests of his/her owner;
8. An owner who wishes to cease using the services of a trainer and transfer some or all of their race horses to another trainer, shall pay prior to the time of transfer the outstanding account of the said trainer to the date of the transfer with respect to the horses being transferred;
9. The Registrar and/or the Stewards may require a licensee to provide documentary evidence of any transaction or record referred to or contemplated by this Rule. Refusal or failure to comply may result in immediate suspension of the licence;
10. Any act or omission which contravenes this Rule shall be dealt with at the discretion of the Registrar or the Stewards and may include monetary penalty and/or suspension. The Ruling and subsequent publication regarding penalty shall include the specific part of the rule which the licensee violated.

15.09.02  No person shall aid, abet, counsel or conspire with any other person in the violation of the Rules and should he/she do so, he/she will be regarded as culpable as the principal.

15.09.03  When a change of ownership of a horse racing in Ontario has occurred, the former owner must make the medical history of that horse available upon request to the new owner within 72 hours of the request. Failure or refusal to provide the medical history may result in a monetary penalty and/or suspension. The request for medical records must be made within 30 days of any transfer.

15.09.04  For the purposes of Rule 15.09.03, the medical history of the horse shall include the records of administration, including brand and date for:

1. Vaccinations
2. Dewormings

15.10  No person shall give, offer, or promise directly or indirectly, either on their own behalf or on behalf of another, any bribe, gift or gratuity in any form for the purpose of improperly influencing the result of a race or which would tend to do so.

15.11  No person licensed by the Commission shall accept or offer to accept on their own behalf or on behalf of another any bribe, gift, or gratuity in any form which could or might tend to influence the result of a race.

15.11.01  No licensee shall intimidate, threaten or coerce any other licensee in any manner.

15.12    Deleted.

15.13  Subject to the Horse Racing Licence Act, 2015, participants acting in any capacity at a race meeting approved by the Registrar, by so participating consent to the examination, search and inspection referred to in the Rules, and to the seizure of any hypodermic syringe, hypodermic needle or any other device described in the Rules, and all drugs and medicaments of any kind which might be in his or her possession. Any drugs, medicaments or other material or devices obtained may be forwarded by the Registrar to the Official Chemist for analysis.

15.14  The results of any examination, search, inspection or seizure described in these Rules shall be daily reported orally to the Stewards and at the end of each race meeting to the Registrar in writing by the person who ordered such examination, search or inspection.

15.15  No owner or trainer shall accept, directly or indirectly, any bribe, gift or gratuity or other benefit in any form which might influence the result of any race, or tend to do so, or which is offered for that purpose or which is offered to induce an owner or trainer to enter, not to enter, or withdraw a horse in a race. The owner or trainer shall report to the Stewards the making of any such offers.

15.16  Deleted.

15.17.01  In the event the horseperson’s bookkeeper accepts a deposit for any owner’s account he/she shall keep a record of who deposits the money, and in what form the deposit is made, and have it signed by the depositor should it be other than by cheque or money order.

15.17.02  It is the duty of the horseperson’s bookkeeper to immediately notify the Stewards of any unusual money transactions between horseperson’s accounts that would indicate any improper procedures or disposition of funds.

15.18  No licensee shall place a wager on any other horse in any race in which he/she shall start a horse owned, trained, groomed, or in any way represented or handled by him or her as a starter. Nor shall he/ she cause such a wager to be placed on their behalf except in the case of feature wagering events where he/she may bet or cause another person to bet on their behalf only on combinations in which their horse is selected in the win position. (See also: Rules 9.10.01 and - Jockeys, 9.10.04 - Outriders, Valets, 15.08.02 - Commission Officials or Racing Officials.)

15.19  Any act to a horse which, in the opinion of the Stewards, could be deemed to be an act of cruelty shall be a violation of the Rules and the perpetrator is subject to a monetary penalty or suspension. Insufficient care or abandonment shall constitute cruelty under this rule.

15.20  Deleted.

15.21  Any licensee must answer completely and truthfully any questions from the Stewards or the Registrar relating to racing.

15.22  Any action taken to falsely cause or attempt to cause the entering, scratching or claiming of a horse shall be contrary to the Rules and may result in a suspension and/or monetary penalty being imposed by the Stewards or by the Registrar.

15.23  Any person making any false, untrue or misleading statement on an application for a licence or registration or on any other document or examination required for licensing or pursuant to the Rules, may be denied such a licence or registration or may be subject to a monetary penalty or suspended.

15.24  Deleted.

15.24.01  Deleted.

15.24.02  Deleted.

15.24.03  Deleted.

15.24.04  All riders must provide a breath analysis sample no later than one hour before the post time of their first mount. Upon request, and at the discretion of the Stewards, the one hour testing requirement may be reduced.

15.24.05  Deleted.

15.25  Any person who refuses to submit to a breath analysis test, without reasonable justification, as required by these Rules, shall be liable to the same and like penalties as prescribed in Chapter 38.

15.26.01  Deleted.

15.26.02  Deleted.

15.26.03  Deleted.

15.26.04  Deleted.

15.26.05  Deleted.

15.27  Any person who fails to receive permission to enter an allotted stabling area, refuses to leave said area when requested by the trainer or his representative or repeatedly trespasses on an allotted stabling area shall be dealt with according to Rule 16.13. There will be no exceptions including inclement weather, physical infirmities etc.

15.28  In any inspection, if the participant knowingly withholds information or misleads the Inspectors or the Stewards, it shall constitute a violation.

15.29  The Registrar delegates to the Commission Administration responsibility for the supervision of Thoroughbred Racing in Ontario and its duties shall include but not be limited to the following:

1. The interviewing of any licensee with respect to any alleged violation of the Rules. The Administration may require a licensee to make a statutory declaration or a statement in writing or by video or audio recording and /or to produce documents, evidence, of any agreements or transactions, financial or otherwise, relating to any alleged violation of the Rules or to any matter which in the opinion of the Administration is not in the best interest of racing.

15.30  Subject to the Horse Racing Licence Act, 2015, whenever reasonable grounds exist for a belief that any participant can give material evidence that would aid in the detection or exposure of any fraud or wrongdoing concerning racing, such participant shall, on the order of the Stewards or other authorized official, be required to provide information. Failure of any participant to comply may result in a suspension.

15.31.01  A person shall not possess, administer, traffic, or attempt to possess, administer, or traffic, in a drug, substance or medication, or anything held out to be a drug, substance or medication, for a horse:

1. For which an Official Chemist shall classify an official sample as positive and issue a certificate of positive analysis in accordance with section 165 of the Pari-Mutuel Betting Supervision Regulations (SOR/91-365); and/or
2. Which has not been labeled for veterinary use under the Food and Drugs Regulations under the Food and Drugs Act (Canada) or, if labeled for human use under the Food and Drugs Regulations under the Food and Drugs Act (Canada), has not been prescribed by a veterinarian after conducting an examination of the horse and determining that the drug, substance or medication is medically required by the horse and the drug, substance or medication is used only for that horse in accordance with the prescription issued by the veterinarian; and/or
3. Which may endanger the health and welfare of the horse or endanger the safety of a jockey; and/or
4. Which is not labeled, or accurately labeled, with the contained drug, substance, medication, or active ingredient; and/or
5. Which may adversely affect the integrity of racing; and/or
6. Which is listed hereafter:
   1.     (i) Erythropoietin or any of its synthetic derivatives, or
   2.     (ii) Any synthetic hemoglobin like substances.

For the purposes of this section, trafficking includes, but is not limited to, keep for sale, deliver, manufacture, sell, transport, distribute, give, import, and/or export.
Notwithstanding (a) and (b), a veterinarian may possess the drug, substance or medication other than erythropoietin, or any of its synthetic derivatives or any synthetic hemoglobin like substances if the possession is in the ordinary course of the practice of veterinary medicine for purposes of prescribing or administering the drug, substance or medication for the treatment of a horse Notwithstanding (a) and (b), a person licensed as a trainer, owner, or groom may possess or use a drug, substance or medication for a horse that is on a list established by the Registrar provided that such possession or use is not otherwise contrary to the Rules, the Food and Drugs Act (Canada) and its regulations, the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada), the Livestock Medicines Act, Controlled Drugs and Substances Act and its regulations, the Health Disciplines Act and its regulations, the Veterinarians Act and its regulations, or any conditions to the possession and use imposed by the Registrar.

15.31.02  The Registrar may establish a list of drugs, substances or medications for purposes of Rule 15.31.01 and may impose conditions to the possession or use of the drug, substance or medication. The Registrar’s established list and imposed conditions are not subject to appeal.

15.32.01  If a horse dies within 14 days of it being entered or qualified to race, the trainer of record at the time of the death of the horse shall:

1. Inform the Registrar, or a person designated by the Registrar, in writing within 2 days of the death of the horse that the horse has died, and the location and premises where the horse died;
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death;
3. When directed to do so by the Registrar, transport the horse at the trainer’s or owner’s expense immediately, or as soon as transportation can be arranged but in any event no later than 2 days of the death of the horse, to a facility approved by the Registrar for a post-mortem and such testing as the Registrar may determine is appropriate; and
4. Instruct the person conducting the post-mortem and the testing to provide the results of the post-mortem and testing and any reports prepared with respect to the post-mortem and testing to the Registrar within 5 days of their completion.

15.32.02  Where there is no trainer of record at the time of the death of the horse, the owner of the horse shall:

1. Inform the Registrar, or a person designated by the Registrar, in writing within 2 days of the death of the horse that the horse has died, and the location and premises where the horse died;
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death;
3. When directed to do so by the Registrar, transport the horse at the owner’s expense immediately, or as soon as transportation can be arranged but in any event no later than 2 days of the death of the horse, to a facility approved by the Registrar for a post-mortem and such testing as the Registrar may determine is appropriate; and
4. Instruct the person conducting the post-mortem and the testing to provide the results of the post-mortem and testing and any reports prepared with respect to the post-mortem and testing to the Registrar within 5 days of their completion.

15.32.03  If a horse dies after 14 days but within 60 days of it being entered or qualified to race, the trainer of record at the time of the death of the horse shall:

1. Inform the Registrar, or a person designated by the Registrar, in writing within 2 days of the death of the horse that the horse has died, the location and premises where the horse died and the cause or apparent cause of death; and
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death or who determined the cause or apparent cause of death and of any post-mortem or other tests conducted on the horse to determine the cause of death.

15.32.04  If a horse dies after 14 days but within 60 days of it being entered or qualified to race, and there is no trainer of record at the time of the death of the horse, the owner of the horse shall:

1. Inform the Registrar, or a person designated by the Registrar, in writing within 2 days of the death of the horse that the horse has died, the location and premises where the horse died and the cause or apparent cause of death; and
2. Provide copies of any reports prepared by the veterinarian(s) who treated the horse prior to its death or who determined the cause or apparent cause of death and of any post-mortem or other tests conducted on the horse to determine the cause of death.

15.32.05  If a horse dies after 14 days but within 60 days of it being entered or qualified to race, the Registrar may order the trainer of record at the time of the death of the horse or the owner of the horse if there was no trainer of record at the time of the death of the horse to transport the horse to a facility approved by the Registrar for a post-mortem and such testing as the Registrar may require to be conducted on the horse at the expense of the trainer or owner, as the case may be. The trainer or owner, as the case may be, shall instruct the person conducting the post-mortem or testing to provide the results of the post-mortem and testing and any reports prepared with respect to the post-mortem and testing to the Registrar within 5 days of their completion.

15.32.06  If a horse being treated by a veterinarian dies within 60 days of being entered or qualified to race, the veterinarian shall inform the Registrar, or a person designated by the Registrar in writing within 2 days of the death of the horse that the horse has died, the location and premises where the horse died and the cause or apparent cause of death.

15.32.07  The Registrar may:

1. Find that a trainer, owner or veterinarian has failed to report a horse death pursuant to the Rules; and
2. Upon notice, impose a monetary penalty, period of suspension of a licence or such other penalty as is appropriate in the circumstances on that trainer, owner or veterinarian or impose conditions on the licence of that trainer, owner or veterinarian.

15.32.08  The Registrar may approve a facility to conduct a post-mortem and testing if:

1. The Registrar is satisfied that the facility is adequately equipped and secure to carry out the post-mortem and testing;
2. The Registrar is satisfied that the facility operator is competent and that the individuals who will carry out the post-mortem and testing have the requisite training and professional designations or requirements to do so, including a veterinary pathologist; and
3. The facility operator and the Registrar have entered into an arrangement, memorandum of understanding or agreement with respect to, among other things, the standards for the carrying out of and reporting on the post-mortem and testing, the confidentiality and use of the results of the post-mortem and testing and any reports prepared therefrom, including use for research purposes for the betterment of racing, protection of horses and their health, and enforcement purposes.

The Registrar’s approval or refusal of a facility is not subject to appeal.

15.32.09  The Registrar may provide or cause to be provided to Associations, The Jockey Club or similar entities, information that a horse had died and date of death.

15.33.01  Horses may be tested for the indication of the administration of erythropoietin or any of its synthetic derivatives as follows:

1. Once entered to race;
2. When claimed;
3. When a horse has died and the trainer or owner is required to report the death of the horse;
4. Any horse that was entered or raced within the previous 60 days.

15.33.02  The holding of a licence as an owner and/or trainer issued by the Registrar shall constitute permission to allow a person designated by the Registrar to collect or otherwise obtain biological samples from any horse owned and/or trained by a licensee, for purposes of testing. Samples may be collected and tested at any time, whether stabled on or off the grounds of the racing association. Where a blood sample has been collected for purposes of TC02 testing, that sample may be used for testing for the indication of the administration of erythropoietin or any of its synthetic derivatives, and/or any other substance as designated by the Registrar. The application for a licence as an owner and/or trainer issued by the Registrar shall constitute permission for a person designated by the Registrar to obtain that blood sample for such purposes.

15.33.03  The Registrar shall establish a protocol for the collection of or to obtain biological samples from horses and for the testing for the indication of the administration of erythropoietin or any of its synthetic derivatives. Licensees shall comply with the protocol. The Registrar’s establishment of the protocol and the content of the protocol is not subject to appeal.

15.33.04  The Registrar may approve one or more tests where he or she is satisfied that the testing methodology used is appropriate to determine whether or not the sample will result in the indication of the administration of erythropoietin or any of its synthetic derivatives. The Registrar’s approval or refusal to approve tests is not subject to appeal

15.33.05  The Registrar may approve a laboratory operator to conduct the testing:

1. If he or she is satisfied that the laboratory is adequately equipped and secure to carry out the testing;
2. If he or she is satisfied that the laboratory operator is competent and that the individuals who will carry out the testing have the requisite training to do so; and
3. The laboratory operator and the Registrar have entered into an arrangement, memorandum of understanding or agreement with respect to, among other things, the standards for the carrying out of the testing, the reporting of the results of the testing, the confidentiality and use of the results of the testing and any reports prepared therefrom, including use for research purposes for the betterment of racing, protection of the horse and the health of the horse, and enforcement purposes.

The Registrar’s approval or refusal of a laboratory is not subject to appeal.

15.33.06  If there is confirmation of the administration of erythropoietin or any of its synthetic derivatives in the biological sample obtained, the horse from which the sample was collected or obtained shall be placed on the Veterinarians’ List (long term) and shall not be removed from the Veterinarians’ List until the Registrar is satisfied that there is no indication of the administration of EPO or any of its synthetic derivatives in the biological sample from the horse.

15.33.07  The Stewards shall declare a claim invalid if there is indication of the administration of erythropoietin or any of its synthetic derivatives in the biological sample of a horse that was claimed in a race and the Stewards are so notified in writing by the Registrar and the claimant of the horse requests that the claim be declared invalid. A request must be made within 48 hours of the claimant, the claimant’s trainer or the claimant’s authorized agent being advised that the administration of erythropoietin or any of its synthetic derivatives were detected. Once the claim is declared invalid, the horse shall be returned to the previous owner, that owner’s trainer or that owner’s authorized agent, and the amount of the claiming price shall be repaid to the claimant. The claimant shall be responsible for any reasonable costs incurred for care or training of the horse while it was in the possession of the claimant or his trainer.

15.33.08  For purposes of testing for the indication of the administration of erythropoietin or any of its synthetic derivatives in the biological sample, the Registrar shall establish by Directive the detectable limit for each test that has been has approved. The establishment of the detectable limits and provisions are not subject to appeal.

15.33.09  An owner or trainer may be held wholly or partially responsible if any drug substance or medication administered or prescribed by him or her results in:

1. The indication of the use of erythropoietin or any of its synthetic derivatives for purposes of the Rules and, if held wholly or partially responsible, may be assessed a monetary penalty and/or suspended by the Stewards;
2. The confirmation of the use of erythropoietin or any of its synthetic derivatives for purposes of the Rules and, if held wholly or partially responsible, may be assessed a monetary penalty and/or suspended by the Stewards.

15.34    In accordance with the Horse Racing Licence Act, 2015, those persons authorized by the Registrar shall have the right to enter upon the buildings, stables, rooms, vehicles or other places within the grounds of any Association for the purpose of examining, searching, inspecting and seizing the personal property and effects of any person in or upon such place.

15.35    Any licensee, who in the course of their normal duties, locates any item listed in Rule 15.02.01 and (b) or any drug, substance or medication listed in Rule 15.31.01 shall forthwith advise the Stewards of their findings and take direction from the Stewards.

15.36    After considering the evidence and making a Ruling concerning a violation of Chapter 15, the Stewards may order that the items seized be disposed of in accordance with the Horse Racing Licence Act, 2015.

15.37    No person, other than a veterinarian licensed by the Commission, shall have or use of Extracorporeal Shock Wave Therapy, Radial Pulse Wave Therapy on any race horse and the following conditions of use must be met:

1. Be used only for a valid diagnostic or therapeutic treatment or procedure;
2. No treatment or procedure is allowed within 4 days (96 hours) prior to competing in a race, or an official workout; and
3. Any treatment or procedure must be recorded, including the date and time, and maintained as part of the record of the horse.

Standards-Based Race Day Medication Ban

15.38

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 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.
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 exception 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 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.
5. 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.
6. A Steward may order the withdrawal or disqualification of any horse that has been administered any medication contrary to Rule 15.38.

15.39    No person, other than a veterinarian licensed by the Commission, shall have or use a Blood Gas Machine on any race horse and the following conditions of use must be met:

1. Be used only for a valid diagnostic procedure; and
2. Any treatment or procedure must be recorded, including the date and time, and maintained as part of the record of the horse.

15.40.01  No horse participating in a workout shall test positive for any substance that is a corticosteroid, analgesic, non-steroidal anti-inflammatory, or local anesthetic, including but not limited to, those substances that Canadian Pari-Mutuel Agency has listed an Elimination Guideline. Violation of this rule shall result in: 

1. A minimum $500 monetary penalty at the discretion of the Stewards and; 
2. The horse shall have its workout removed. 

15.40.02 A horse requiring a workout to come off the Veterinarian’s List shall not test positive for any corticosteroid, analgesic. non-steroidal anti-inflammatory, or local anesthetic, including but not limited to, those substances that Canadian Pari-Mutuel Agency has listed an Elimination Guideline. Violation of this rule shall result in:   

1. A minimum $500 monetary penalty at the discretion of the Stewards and;    
2. The horse shall have its workout removed and be placed back on the Veterinarian’s List with the same number of days and requirements it had for removal, prior to being eligible to come off the list.