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Volume 57, No. 8

75/2014

The British Columbia Gazette,

Part II

May 6, 2014

B.C. Reg. 75/2014 , deposited May 1, 2014, under the ATHLETIC COMMISSIONER ACT [sections 47, 48 and 49]. Ministerial Order M142/2014, dated April 30 , 2014.

I, Coralee Oakes, Minister of Community, Sport and Cultural Development, order that the Minister’s Athletic Commissioner Regulation, B.C. Reg. 171/2013, is amended as set out in the attached Schedule.

— C. OAKES, Minister of Community, Sport and Cultural Development .

Schedule

Section 1 of the Minister’s Athletic Commissioner Regulation, B.C. Reg. 171/2013, is amended

(

a) by repealing the definition of “contestant” and substituting the following:

“contestant” means a professional athlete who holds a valid contestant licence, or a valid expedited contestant licence, issued under

section 11 (1) [actions by commissioner respecting licences] of the Act and includes, other than in sections 12, 16 (

m) and (n), 19.1, 20, 21, 30, 31 and 32 of this regulation, a person who is an applicant for a contestant licence or an expedited contestant licence; ,

(

b) in the definition of “fight record”

(

i) by striking out “ professional athlete ” and substituting “ contestant ”, and

(ii) by adding “ as a professional or amateur athlete ” after “ career ”,

(

c) in the definition of “knockdown timekeeper ”

(

i) by striking out “ an official ” and substituting “ a timekeeper ”, and

(ii) by striking out “ and who holds a timekeeper licence issued under

section 11 (1) of the Act ”, and

(

d) in paragraph (

a) of the definition of “post-match medical suspension” by striking out “ on the recommendation of a ringside physician, ”.

Section 2 (

c) is amended by striking out “ inspector. ” and substituting “ supervisor. ”

Section 4 is amended

(

a) in subsection (1)

(

i) by striking out “ information ” ,

(ii) in paragraph (

a) by striking out “ and ” at the end of subparagraph (v), by adding “ and ” at the end of subparagraph (vi) and by adding the following subparagraph:

(vii) 2 colour photographs that are 50 mm wide by 70 mm high and have been taken within the 6-month period immediately preceding the date of application; ,

(iii) in paragraph (b) (vi) by striking out “ employee submitting the application on behalf of the applicant; ” and substituting “ director of the applicant who is authorized by the applicant to apply for the licence; ”, and

(iv) by repealing paragraph (c), and

(

b) in subsection (3) by striking out “ or electronic funds transfer ” and substituting “ , electronic funds transfer or in a form acceptable to the commissioner ”.

Section 5 is amended

(

a) by repealing paragraph (c), and

(

b) by repealing paragraph (

d) and substituting the following:

(

i) has examined the applicant on the date or dates set out in the certificate, and

(ii) is of the opinion that the applicant is fit to compete in a professional contest or exhibition; .

Section 6 is repealed and the following substituted:

Expedited licence

6 If a person applies less than 14 days before the date scheduled for an event for a licence in order to participate as a contestant in the event, the commissioner may issue to the person only an expedited contestant licence.

Section 8 is amended

(

a) by repealing paragraphs (

b) and (d), and

(

b) by repealing paragraph (

e) and substituting the following:

(

i) has examined the applicant on the date or dates set out in the certificate, and

(ii) is of the opinion that the applicant is fit to carry out his or her duties as a referee.

Section 9 (1) is amended

(

a) by repealing paragraph (b), and

(

b) in paragraph (

c) by striking out “ a principal of the applicant, in the case of a business association that is not a corporation, ”.

Section 10 is repealed and the following substituted:

Term of licence

10 A licence is valid for the period beginning on the date the licence is issued and ending on the date specified in the licence unless earlier suspended or cancelled under the Act.

Section 11 (2) is amended

(

a) in paragraph (

a) by striking out “ and place ”, and

(

b) by adding the following paragraph:

(a.1) name, address and contact information for the venue; .

10 The following

section is added to Division 3:

Outstanding charges – licence holder

11.1 It is a term of every licence that the licence holder must promptly report to the commissioner that the licence holder, or, if the licence holder is a corporation, a director or officer of the corporation, has been charged with an offence under

(

a) the Act or another enactment, or

Section 12 is amended

(

a) by striking out “ contestant licence: ” and substituting “ contestant licence and expedited contestant licence: ”,

(

b) by repealing paragraphs (d) (i), (e), (

g) and (h),

(

c) in paragraph (d) (ii) by striking out “ 2 hours ” and substituting “ one hour ”, and

(

d) in paragraph (

j) by striking out “ at the time the contestant must appear under

section 19 (2) [contestants – pre-match medical requirements] for a pre-match medical examination, ” and substituting “ before competing in the event, ”.

Section 16 (1) is amended

(

a) by repealing paragraph (

b) and substituting the following:

(

b) if the information provided under paragraph (

a) has changed, a promoter must immediately notify the commissioner in writing and provide to the commissioner as soon as practicable, but before the event is scheduled to begin,

(

i) the new information,

(ii) if the contestants for a match have changed, a declaration referred to in paragraph (a) (iv) in respect of the new contestants, and

(iii) any other information requested by the commissioner; ,

(

b) by repealing paragraphs (

d) and (f),

(

c) in paragraph (

e) by striking out “ in the locale where the event is to take place during the 30-hour period immediately before the event is scheduled to begin; ” and substituting “ at the weigh-in ceremony; ”,

(

d) by repealing paragraph (

g) and substituting the following:

(

g) if there is a change in the program for an event after the program has been announced to the public, the promoter must as soon as practicable

(

i) post notice of the change at each box office at the venue for the event and on the promoter’s website, if any, and

(ii) make other reasonable efforts to notify the public in a manner similar to the manner in which the program was announced to the public; , and

(

e) in paragraph (l) (ii) by striking out “ or electronic funds transfer, ” and substituting “ , electronic funds transfer or in a form acceptable to the commissioner, ”.

Section 17 is amended

(

a) by repealing subsections (1) and (2) and substituting the following:

(1) No earlier than 60 days and no later than 30 days before the scheduled date of an event, the promoter must provide to the commissioner a certificate of insurance evidencing the following:

(

a) that the promoter carries at least $5 000 000 of general liability insurance inclusive per occurrence covering all aspects of the event;

(

b) that such insurance expressly includes as additional insureds Her Majesty in right of British Columbia, the commissioner, deputy commissioners, if applicable, referees, judges, timekeepers, scorekeepers, ringside physicians and dressing room supervisors who are officials designated by the commissioner for the event.

(2) Before issuing an event permit, the commissioner may require the promoter to provide to the commissioner security in the form of a certified cheque, draft, money order, irrevocable letter of credit or performance bond, payable to the Minister of Finance, in an amount determined by the commissioner, not exceeding $25 000. ,

(

b) in subsection (3) by striking out “ on a bond ” and substituting “ the security ”,

(

c) in subsection (4) by striking out “ a certified cheque in ” and substituting “ , by certified cheque, money order, electronic funds transfer or in a form acceptable to the commissioner, ”, and

(

d) by repealing subsection (5) and substituting the following:

(5) If the amount payable under subsection (4) increases, the promoter must provide to the commissioner the amount of the increase, by certified cheque, money order, electronic funds transfer or in a form acceptable to the commissioner, before the event begins.

Section 19 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Before competing in an event, a contestant must provide to the commissioner all the following:

(

i) has examined the contestant on the date or dates set out in the certificate, and

(ii) is of the opinion that the contestant is fit to compete in a professional contest or exhibition;

(

i) has examined the contestant on the date or dates set out in the certificate, and

(ii) is of the opinion that the contestant is fit to compete in a professional contest or exhibition;

(

c) negative results of tests for HIV and hepatitis B and C performed on samples taken from the contestant within the 90-day period immediately preceding the date of the event;

(

d) other medical information the commissioner requests as relevant to the contestant’s condition. ,

(

b) in subsection (2) by striking out “ At least 5 days before the date a female contestant is scheduled to compete in an event, the ” and substituting “ Before competing in an event, a female ”,

(

c) by repealing subsections (3) and (4) and substituting the following:

(3) Before competing in an event, a contestant must

(

a) consent in writing to

(

i) submit to medical examinations by the ringside physician before, during or after a match, and

(ii) accept any medical treatment recommended by the ringside physician before, during or after a match, and

(

b) submit to a pre-match medical examination by the ringside physician at the place and time specified by the promoter.

(4) A contestant must not compete in an event if the contestant fails to

(

a) consent as required under subsection (3) (a),

(

b) submit to an examination referred to in subsection (3) (b), or

(

c) accept medical treatment recommended by the ringside physician before a match. , and

(

d) in subsection (5)

(

i) by striking out “ subsection (3), ” and substituting “ subsection (3) (b), ”, and

(ii) by striking out “ may not ” and substituting “ must not ”.

15 The following

section is added:

Contestants – requirements during match

19.1

(1) A contestant must submit to a medical examination by the ringside physician during a match on request of the ringside physician or referee.

(2) A contestant must not continue to compete in an event if the contestant fails to

(

a) submit to an examination referred to in subsection (1), or

(

b) accept medical treatment recommended by the ringside physician during a match.

(3) If, after an examination referred to in subsection (1), the ringside physician determines that a contestant is not fit to compete, the contestant must not continue to compete in the event.

Section 20 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) At the end of a match, each contestant must submit to a medical examination by the ringside physician. , and

(

b) in subsection (3)

(

i) by striking out “ subsection (1) (a) ” and substituting “ subsection (1) ”, and

(ii) in paragraph (

b) by striking out “ acknowledge notice of ” and substituting “ consent in writing to ”.

Section 21 is amended

(

a) in subsection (1) by striking out “ contestant licence holder ” and substituting “ contestant ”, and

(

b) in subsection (3) by striking out “ may not ” and substituting “ must not ”.

Section 24 (2) is amended in Column 2 of the table by striking out “ dressing room inspector ” and substituting “ dressing room supervisor ”.

Section 26 (1) (

g) is amended by striking out “ inspectors. ” and substituting “ supervisors. ”.

Section 27 is repealed and the following substituted:

Payment of officials

(1) An official described in Column 1 of the following table must be paid an amount, as determined by the commissioner, not less than the amount set out in Column 2, and not more than the amount set out in Column 3, opposite the official’s description in Column 1:

Table

Item

Column 1

Official

Column 2

Minimum Fee

Column 3

Maximum Fee

Referee for an event at a venue with a seating capacity of not more than 2 500

$100

$2 500

Referee for an event at a venue with a seating capacity of greater than 2 500

$250

$2 500

Ringside physician who performs the pre-match medical examinations for an event at a venue with a seating capacity of not more than 2 500

$1 000

$2 500

Ringside physician who does not perform the pre-match medical examinations for an event at a venue with a seating capacity of not more than 2 500

$600

$1 800

Ringside physician who performs the pre-match medical examinations for an event at a venue with a seating capacity of greater than 2 500

$1 200

$2 500

Ringside physician who does not perform the pre-match medical examinations for an event at a venue with a seating capacity of greater than 2 500

$1 000

$2 500

Judge

$100

$1 000

Scorekeeper

$100

$400

Timekeeper

$100

$400

Dressing room supervisor

$100

$400

(2) In addition to the amounts under subsection (1), an official who does not reside in the locale in which the event takes place must be paid the actual cost of

(

a) accommodation for each night the official is required to remain in the locale, not exceeding $120 per night,

(

b) meals for each day or part of a day the official is required to remain in the locale, not exceeding

(i) $10 for breakfast,

(ii) $15 for lunch, and

(iii) $25 for supper, and

(

c) transportation, approved by the commissioner in advance of the travel, to and from the locale.

(3) Despite subsection (2) (c), if an official is travelling in the official’s private vehicle, the official must be paid $0.51 per km if the official must travel more than 32 km each way, as estimated by the official and approved by the commissioner in advance of the travel.

Section 29 (1) is amended by adding the following paragraph:

(

d) clean towels, bottled water and ice in bags.

Section 32 is amended

(

a) in paragraph (

a) by striking out “ only the chief second ” and substituting “ only the chief second and one other second ”, and

(

b) in paragraph (

f) by adding the following subparagraph:

(xi) a substance or item authorized, in writing, by the commissioner before the match, if the substance or item is necessary for the safety of the contestant and is not prohibited under paragraph (e); .

23 Schedules A and B are repealed.

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