Third

Session, 47th General Assembly

Elizabeth II, 2014

BILL 33

AN ACT RESPECTING THE ATLANTIC PROVINCES

HARNESS RACING COMMISSION

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

ROSS WISEMAN

Minister of Finance and President of Treasury Board

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would enact the Atlantic Provinces Harness Racing Commission

Act . The commission would have unified jurisdiction with other Atlantic provinces for

the regulation of harness racing in the province.

A BILL

AN ACT RESPECTING THE ATLANTIC PROVINCES HARNESS RACING COMMISSION

Analysis

Short title

Interpretation

Purpose of Act

Atlantic

Provinces Harness Racing Commission

Composition, appointment, term of office

and vacancies

Meetings, quorum and voting

Director and other personnel

Remuneration, expenses, fiscal year,

budget and financial assistance

Banking, accounts and audit

Powers of commission

Delegation of powers by commission

Powers of commission respecting hearing

Powers of inquiry

Review of decision

Provincial boards

Annual report and requests for

information

Statutes and Subordinate Legislation Act

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Atlantic Provinces

Harness Racing Commission Act .

Interpretation

(1) In

this Act

(a) "account" means an account under a

telephone account betting system or under an on-track account betting system;

(b) " Atlantic provinces "

means the provinces of New Brunswick , Newfoundland and Labrador ,

Nova Scotia and Prince Edward Island ;

(c) "board" means the provincial board

established or designated under

section 15 ;

(d) "commission" means the Atlantic

Provinces Harness Racing Commission continued under

section 4 ;

(e) "conduct detrimental to harness racing"

means one or more of the following:

(

i) the fraudulent or corrupt influencing of the

outcome of a harness race,

(ii) the making of a false registration, or

(iii) the doing of another act injurious to the

reputation of the sport of harness racing;

(f) "council" means the Council of Atlantic

Premiers established by the Memorandum of

Understanding on Atlantic Canada Cooperation on May 15, 2000;

(g) "director" means the Director of

Racing appointed under

section 7 ;

(h) "foreign-race inter-track betting"

means pari-mutuel betting at one or more satellite tracks on a foreign race,

where the money bet on each pool at each satellite track is combined with the

money bet on the corresponding pool that is operated by the organization

holding the foreign race to form one pool, from which the payout price is

calculated and distributed;

(i) "foreign-race separate-pool betting"

means separate-pool betting in Canada

on a foreign race;

(j) "harness racing" means racing in

which horses participate and on which pari-mutuel wagering is conducted;

(k) "home-market area" means a

geographical area that is assigned to an association in respect of a

race-course within which the association is authorized to conduct

telephone-account betting;

(l) "inter-track betting" means

pari-mutuel betting at one or more satellite tracks or in one or more places in

one or more foreign countries on a race that is held at a host track, where the

money bet on each pool at each satellite track or place is combined with the

money bet on the corresponding pool at the host track to form one pool from

which the pay-out price is calculated and distributed;

(m) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(n) "pari-mutuel betting" means a system

of betting in which the winners divide the total amount of the bet, after

deducting management expenses, in proportion to the sums individually wagered;

(o) "person" includes a partnership or

association;

(p) "race track" means a place where

harness racing is carried on and includes the track, grounds, stables,

grandstands, parking areas, offices and adjacent places used in connection with

harness racing;

(q) "revenue" includes financial

assistance received and fees, fines, penalties and other charges received or

collected;

(r) "rules" means rules for the conduct

of harness racing made, adopted or incorporated by reference in accordance with

section 10 ;

(s) "separate-pool betting" means

pari-mutuel betting at one or more satellite tracks or in one or more places in

one or more foreign countries on a race that is held at a host track, where the

money bet on each pool at each satellite track is retained at that satellite

track or is combined with the money bet on the corresponding pool at another

satellite track or tracks or at a place or places to form one pool from which

the pay-out price is calculated and distributed;

(t) "telephone-account betting" means

pari-mutuel betting conducted by means of a telephone call by an account holder

to an association; and

(u) "track operator" means a person who

operates a race track.

(2) The Lieutenant-Governor in Council may, by

order, amend the

definitions in subsection (1) to the extent that it is

necessary to make the

definitions consistent with the Pari-Mutuel

Betting Supervision Regulations made under the Criminal Code .

Purpose of Act

3. The purpose of this Act is

to establish a harness racing authority with jurisdiction to govern, regulate

and ensure the integrity of harness racing in the Atlantic provinces .

Atlantic Provinces Harness Racing Commission

(1) The Maritime Provinces

Harness Racing Commission as established in the provinces of New Brunswick,

Nova Scotia and Prince Edward Island before the coming into force of this Act

is continued as the Atlantic Provinces Harness Racing Commission.

(2) The

council shall appoint the members of the commission.

(3) The commission is a body having unified

jurisdiction throughout the Atlantic

provinces .

Composition,

appointment, term of office and vacancies

(1) The commission

consists of 8 members of whom 2 shall be nominated by the Lieutenant-Governor

in Council on the recommendation of the minister.

(2) The council shall

(

a) appoint a chairperson from among the members

of the commission and shall determine the term of office as chairperson in

accordance with subsection (4);

(

b) determine the remuneration and expense

allowance payable to members, the chairperson and the director; and

(

c) determine the location of the head office of

the commission.

(3) The council may delegate any of its functions under

this Act to a committee comprised of the ministers of the Crown for the time

being responsible for harness racing in each of the Atlantic provinces .

(4) The members of the commission hold office for a

term, not exceeding 3 years, as is determined at the time of appointment.

(5) A member is eligible for re-appointment but no

member shall serve for a continuous period exceeding 9 years.

(6) Notwithstanding subsection (4), a member

remains in office until the member resigns or is replaced.

(7) In the event of a vacancy occurring during the

term of office of a member, the council may appoint a person for the remainder

of the term of that member.

(8) A member may be removed from office by the council.

(9) A vacancy does not impair the right of the

remaining members to act.

(10) The members shall appoint a vice-chairperson

from among the members who shall perform the duties of the chairperson if the chairperson

is unable to act by reason of illness, absence or other cause.

Meetings,

quorum and voting

(1) The commission shall

meet as required at the call of the chairperson at times and places designated

by the chairperson.

(2) A quorum is 5 members, with at least one

member from each of the Atlantic

provinces being present.

(3) At a meeting of the commission each member of

the commission present at the meeting, other than the chairperson, has one vote

and a majority vote determines the question.

(4) Notwithstanding subsection (3), the chairperson

shall vote only for the purpose of breaking a tie.

Director

and other personnel

(1) The commission

shall appoint a director who shall be the chief administrative officer of the

commission.

(2) The commission may employ those other persons

as are required for the proper conduct of its business.

(3) Persons employed by the commission under subsections

are applicable to employees of the council.

Remuneration,

expenses, fiscal year, budget and financial assistance

(1) The remuneration

and expenses of the members of the commission and of the persons employed by

the commission, and generally all costs, charges and expenses incurred and

payable in respect of the conduct of the business of the commission, shall be

paid out of the revenue of the commission.

(2) The fiscal year of the commission ends March

31 of each year.

(3) The commission shall

prepare an annual budget which shall be submitted to the council and included

in the budget of the council submitted to the Lieutenant-Governor in Council.

(4) The council may provide to the commission the financial

assistance that is considered appropriate by the council.

Banking,

accounts and audit

(1) The commission

shall maintain in its own name one or more accounts in a chartered bank, credit

union or trust company.

(2) Notwithstanding the Financial Administration Act , all revenue realized by the

commission through the conduct of the business of the commission or otherwise

shall be deposited to the credit of the accounts established under subsection

(1) and shall be used by the commission in carrying out its objects and exercising

its powers.

(3) The accounts of the commission shall be

audited annually by an independent auditor appointed by the council.

Powers of commission

10. The commission may

(

a) govern, regulate and supervise harness racing

in all of its forms relevant and related to pari-mutuel betting;

(

b) govern and regulate inter-track betting,

separate-pool betting, foreign-race inter-track betting and foreign-race separate-pool

betting in accordance with the Pari-Mutuel

Betting Supervision Regulations made under the Criminal Code ;

(

c) govern, regulate and supervise the operation

of race tracks;

(

d) recommend home-market areas to the Canadian

Pari-Mutuel Agency for the purpose of telephone-account betting in accordance

with the Pari-Mutuel

Betting Supervision Regulations made under the Criminal Code ;

(

e) establish uniform rules for the conduct of

harness racing;

(

f) license track operators and impose those terms

and conditions on a licence as the commission considers appropriate;

(

g) license owners, trainers, drivers, grooms and those

a licence as the commission considers appropriate;

(

h) on written application to the commission by

the person affected, revoke, suspend or vary a term or condition imposed on a licence

by the commission;

(

i) fix and collect fees or other charges for

licences and prescribe the form of licences and the conditions under which

licences may be issued;

(

j) refuse the granting of a licence;

(

k) make, adopt or incorporate by reference rules

for the conduct of harness racing;

(

l) fix, impose and collect fines, not exceeding

$5,000 dollars, and other penalties for the violation of

(

i) a term or condition imposed by the commission,

(ii) a rule made, adopted or incorporated by reference

by the commission, and

(iii) an order of the commission, or of a harness racing

judge or board to which the commission has delegated powers under this Act;

(

m) recruit, train, evaluate, license and employ

harness racing judges and those other officials and staff as the commission

considers appropriate to attend at harness racing meets on behalf of the

commission;

(

n) approve the appointment of race-track

officials and employees whose duties relate to the actual running of harness races;

(

o) require licensed track operators to keep books

of account in a manner satisfactory to the commission;

(

p) inspect at a reasonable time books of account

referred to in paragraph (o);

(

q) investigate an action by a person licensed or

required to be licensed by the commission that allegedly constitutes conduct

detrimental to harness racing and, for that purpose, engage the services of a

licensed private investigator;

(

r) hold hearings relating to the carrying out of

the powers of the commission;

(

s) in addition to the power to hold hearings under

paragraph (r), hold a hearing in respect of a person who is licensed or

required to be licensed by the commission or who participates in harness racing

at any track when

(

i) a written and signed complaint is made to the

commission concerning an action of the person that may indicate conduct detrimental

to harness racing, or

(ii) the commission has reasonable and probable

grounds to believe that the person has engaged in conduct detrimental to harness

racing;

(

t) at the conclusion of a hearing, suspend or

revoke a licence;

(

u) on written application to the commission by

the person affected, reinstate a licence that has been suspended or revoked and

considers appropriate;

(

v) when it delegates to a harness racing judge or

to the board the power to hold a hearing, delegate to the judge or the board

any of its powers and duties in relation to hearings;

(

w) intervene as a facilitator or mediator for the

purpose of convening parties to attempt to bring resolution to matters in

dispute where it considers it necessary for the governance, regulation and

integrity of harness racing and delegate this power to a person;

(

x) make by-laws for the conduct of the business

of the commission and for the control and direction of the work of the

commission, including for the conduct of hearings; and

(

y) do those other things relating to harness

racing or to the operation of race tracks that are authorized or directed by

the Lieutenant-Governor in Council.

Delegation of powers by commission

11. The commission may

delegate to harness racing judges the following powers that the commission

considers appropriate:

(

a) to enforce the carrying out and observance of

(

b) to impose and collect fines and other

penalties for the contravention of a rule, term or condition established by the

commission; and

(

c) to hold hearings in respect of the

contravention of a rule, term or condition established by the commission.

Powers

of commission respecting hearing

(1) In relation to a

hearing under this Act, the commission may summon a person, by a summons to

witness signed by the chairperson of the commission and require that person to

give evidence on oath or affirmation and to produce those documents and things that

the commission considers necessary for the hearing.

(2) The commission shall give a person in respect

of whom a hearing is held an opportunity to give evidence on oath or

affirmation, to cross-examine witnesses and to call witnesses to give evidence

on oath or affirmation.

Powers of inquiry

13. In

relation to a hearing under this Act relating to matters arising in the

province, the commission, the board or a person to whom the power to hold

hearings is designated, is vested with the powers and privileges of a

commissioner under the Public Inquiries

Act, 2006 .

Review of decision

14. A person who is aggrieved

by a decision made by a person under a delegation made under

section 11 may, within 48 hours after being notified of the decision, request in

writing a hearing by the commission, in which case the commission shall, as

soon as practicable, hold a hearing and may exercise the powers of the

commission under

section 10 at that hearing as if those powers had not

been delegated.

Provincial boards

15. The commission may

establish in each of the Atlantic provinces

a provincial board or may designate an existing board to act as a provincial board

and may delegate any of its functions under paragraph 10 (

s) and

section 14 to that board.

Annual report and requests

for information

(1) The commission

shall, before July 1 in each year, submit to the council an annual report containing

(

a) a review of the commission's activities during

the preceding fiscal year;

(

b) recommendations with respect to the operation,

governance and regulation of harness racing in the Atlantic provinces ; and

(

c) the audited financial statements of the commission

for the preceding fiscal year.

(2) Notwithstanding subsection (1), the council

may request information respecting harness racing in the Atlantic provinces and the commission shall

provide the information.

(3) The minister shall table the annual report in

the House of Assembly within 15 days after the minister receives it or, if the

House is not then sitting, within 15 days after the commencement of the next

sitting.

Statutes and Subordinate

Legislation Act

17. The Statutes and Subordinate Legislation Act does not apply to

(

a) a term or condition imposed under this Act;

(

b) a rule made, adopted or incorporated by

reference under this Act;

(

c) a form or condition prescribed under this Act;

(

d) a by-law or order made under this Act.

Commencement

18. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor

in Council.

Queen's Printer