Since announcing the expansion of Thoroughbred claiming rules to support horse welfare and industry flexibility, the Alcohol and Gaming Commission of Ontario (AGCO) is making further rule changes in response to industry feedback. The rule amendments do not change the original objectives for invalidating claims but clarify the process of transferring custody of a claimed horse if an Observation Period is requested.
Effective Date: July 4, 2024
Please see the changes to the Thoroughbred Rules of Racing below.
Ownership of the horse will continue to transfer at the start of the claiming race. The new rule clarifies that the original owner remains in physical custody of the horse until the end of the Observation Period. This approach is consistent with existing rules where the original owner remains in custody of the horse if it is required to attend the test barn.
If the claimant would like to have the horse observed, the original owner (or their representative) is responsible for taking the horse to the observation area following the race and staying for the duration of the observation.
If during the Observation Period, the horse is placed on the Veterinarian's List, is seen bleeding from the nostrils, requires euthanasia due to an injury, or dies, the claimant will have the option to ask the Race Officials to invalidate the claim.
Consistent with what was discussed with industry stakeholders during the engagement sessions, the AGCO would also like to clarify that if a horse is placed on the Veterinarian’s List for poor performance or for being outdistanced without other medical concerns or conditions, it is not eligible for invalidation.
Only if a claim is invalidated by the Race Officials, the ownership of the horse returns to the original owner.
To provide greater flexibility, another minor change removed the specific requirement for claimants to notify racetrack Officials by phone that they would like the horse observed. Claimants should notify Officials and follow the process for the Observation Period as outlined in each track’s individual track rules.
For any questions regarding changes to the claiming rule expansions, please see the Race Day Contact List.
Thoroughbred Rules of Racing
The following expanded rules in Chapter 12: Claiming Races, of the Thoroughbred Rules of Racing have been further amended (also applies to Quarter Horse), stating:
TB R. 12.33 Claimants may choose to have the horse observed by an Official Veterinarian or Commission Veterinarian. A claimant or their representative must confirm with the Stewards or such other Official as set out in the track rules by phone that a horse will be observed prior to the horse being transferred to the claimant. If the claimant chooses to waive the Observation Period, Rule 12.32.01(e) shall no longer apply.
TB R. 12.33.01 With respect to the Observation Period, the claimed horse claimant or their representative shall be taken proceed directly and without delay, to the designated observation area; failure to do so comply may result in the following:
- The Observation Period being waived,
and or - The claim not being invalidated, and/or
- Such other action, as determined by the Stewards.
TB R. 12.34 When the Stewards rule that a claim is invalid: and the horse is returned to the original owner:
- The amount of the claiming price shall be repaid to the claimant;
- Any purse monies earned subsequent to the date of the claim and before the date on which the claim is ruled invalid shall be the property of the claimant;
- The claimant shall be responsible for any reasonable costs incurred through the care, training or racing of the horse while it was in his or her possession; and
- The horse shall be returned to the original owner in the same material condition.
Further additions were made to existing rules in Chapter 12: Claiming Races, of the Thoroughbred Rules of Racing, (also applies to Quarter Horse) stating:
TB R. 12.13 Except when a horse is sent for observation pursuant to Rule 12.33, in which case physical custody remains with the original owner until the Observation Period has ended, transfer of possession of a claimed horse shall take place in the claiming barn or designated area immediately after the running of said race, unless the horse is required to be taken to either the retention test barn and/or TCO2 test barn for post-race testing. The successful claimant or their representative shall maintain physical custody of the claimed horse. Transfer of possession of each claimed horse will take place after sample tags have been signed by the previous trainer and/or their representative.
TB 12.18.01 Subject to Rule 12.16, title to a claimed horse shall vest in the successful claimant from the time the stall doors of the starting gate open in front of such horse at the time the Starter dispatches the horses in a valid start for the claiming race. The successful claimant shall take possession of the claimed horse according to the Rules whether said horse is sound or unsound, or injured during or after the race, unless the horse is invalidated in accordance with Rule 12.32.01 and any related track rules.