Alberta Gazette, Part I — Monday, September 15, 2025
Monday, September 15, 2025
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 121 Edmonton, Monday, September 15, 2025 No. 17
PROCLAMATION
[GREAT SEAL]
CANADA
PROVINCE OF ALBERTA Salma Lakhani, Lieutenant Governor.
CHARLES THE THIRD, by the Grace of God King of Canada and His other
Realms and Territories, Head of the Commonwealth
P R O C L A M A T I O N
To all to Whom these Presents shall come
G R E E T I N G
Tracy Wyrstiuk, Acting Deputy Attorney General
WHEREAS
section 59 of the Health Statutes Amendment Act, 2025 provides that
that Act, except sections 4(1) to (3) and (5)(b), 27(1) and (5) to (11), 29, 37(1), (2)(
c) and (3)(b), 43(1) and (3), 45(1), (8), (13)(
a) to (d), (29)(c)(iii), (40)(c), (42)(a)(iv)(
A) and (
D) and (v), (43)(
m) and 54, comes into force on Proclamation; and
WHEREAS
section 45(2)(g)(
i) of the Health Statutes Amendment Act, 2025 was
proclaimed in force on June 4, 2025; and
WHEREAS
section 47(1), (2)(a), (c), (d), (f), (
g) and (i), (3), (4)(
a) to (c), (6), (7)(a),
(8) to (15), (17) to (25), (26)(a), (
b) and (d), (27), (31) and (32)(
b) to (
d) of the Health
Statutes Amendment Act, 2025 was proclaimed in force on July 1, 2025; and
WHEREAS
section 25(1), (2)(b)(viii) and (ix), (
c) and (
d) and (3) to (10) of the
Health Statutes Amendment Act, 2025 was proclaimed in force on July 23, 2025; and
WHEREAS it is expedient to proclaim certain provisions of the Health Statutes
Amendment Act, 2025 in force:
NOW KNOW YE THAT by and with the advice and consent of Our Executive
Council of Our Province of Alberta, by virtue of the provisions of the said Act
hereinbefore referred to and of all other power and authority whatsoever in Us vested
in that behalf, We have ordered and declared and do hereby proclaim sections 1(1)
and (2)(c), 2(1), (2)(a)(ii) and (
b) and (3)(b), 3(1) and (5)(b), 4(4)(a), 5(1) and (2)(b),
6(1) and (2)(b), 7(1), (2)(a)(
i) and (
b) and (3), 8(1), (2)(
b) and (3)(b), 10(1), (2)(b),
(3)(
b) and (4)(a), 12(1) and (2)(a)(ii), 13(1), (2)(
a) and (b)(i), (3) and (4), 16(1) and
(2)(b), 17(1), (2)(
a) and (d), (3)(a), (4)(a), (5)(a), (6), (8), (10)(
a) and (c), (11)(a),
(12)(a), (13)(a), (14)(a), (15)(a), (16), (17)(
a) and (18)(a), (
c) and (e), 18(1) and (3),
21(1), (2)(
b) and (3), 23(1) and (2)(b), 24(1) and (2)(a), 25(2)(b)(iii) and (v), 27(2),
(14)(
b) and (15)(b), 30(1), (5) and (9)(d), 31(1), (2)(
a) and (
c) and (3)(a), 33(1) and
(2), 37(5)(
b) and (d), 39(1) and (4)(b), 45(16), 46(1) and (2)(b), 48(1) and (2)(b)(ii),
49(1) and (2)(b), 51(1) and (2)(b), 55(1), (2)(
b) and (3)(
a) and 56(1) and (4) of the
Health Statutes Amendment Act, 2025 in force on the date of issue of this
Proclamation.
IN TESTIMONY WHEREOF We have caused these Our Letters to be made Patent
and the Great Seal of Our Province of Alberta to be hereunto affixed.
WITNESS: THE HONOURABLE SALMA LAKHANI, Lieutenant Governor of
Our Province of Alberta, this 27th day of August in the Year of Our Lord Two
Thousand Twenty-five and in the Third Year of Our Reign.
BY COMMAND Mickey Amery, K.C., Provincial Secretary.
APPOINTMENTS
Appointment of Supernumerary Justice of the Court of Justice
(Court of Justice Act)
September 7, 2025
Honourable Justice Mary Jeanne Burch
For a term to expire September 6, 2027.
Reappointment of Part-time Justice of the Court of Justice
(Court of Justice Act)
August 23, 2025
Honourable Justice Gordon William Sharek
For a term to expire August 22, 2026.
September 3, 2025
Honourable Justice Terrence Joseph Matchett
For a term to expire September 2, 2026.
GOVERNMENT NOTICES
Affordability and Utilities
Hosting Expenses Exceeding $600.00
For the period April 1, 2025 to July 31, 2025
Function: Affordability and Utilities Stampede Reception
Purpose: The event gave the Minister and senior department officials an opportunity
to build connections and strengthen relationships with both international and domestic
stakeholders. To support this engagement, the Ministry of Affordability and Utilities
welcomed 150 guests and served light refreshments.
Date: July 4, 2025
Amount: $7,009.20
Location: Calgary, Alberta
Agriculture and Irrigation
Form 15
(Irrigation Districts Act)
(Section 88)
Notice to Irrigation Secretariat:
Change of Area of an Irrigation District
On behalf of the Western Irrigation District, I hereby request that the Irrigation
Secretariat forward a certified copy of this notice to the Registrar of Land Titles for
the purposes of registration under
section 22 of the Land Titles Act and arrange for
notice to be published in the Alberta Gazette.
The following parcels of land should be added to the irrigation district and the
appropriate notation added to the certificate of title:
LINC Number
Short Legal Description as shown on title
Title Number
0014 562 673
4;24;26;18;SW
991 079 088+8
0021 891 791
4;25;22;29;SW
181 089 523
I certify the procedures required under
part 4 of the Irrigation Districts Act have been
completed and the area of the Western Irrigation District should be changed
according to the above list.
Rebecca Fast, Office Administrator,
Irrigation Secretariat.
Assisted Living and Social Services
Office of the Public Guardian and Trustee
Property being held by the Public Trustee for a period of Ten
(10) Years
(Public Trustee Act)
Section 11(2)(
b) Name of Person Entitled
to Property
Description of
Property held
and its value or
estimated value
Property part of
deceased person's
Estate or held under
Court Order:
Deceased's Name
Judicial District
Court file number
Public Trustee
Office
Additional
Information
Jitka Rozsypalova
$48,565.62
Anton J Rozsypal
(file 110,820-004
Bishop & Mckenzie
LLP)
SE03 164703
Edmonton
E182147
Josef Rozsypal
$48,565.62
Anton J Rozsypal
(file 110,820-004
Bishop& Mckenzie
LLP)
SE03 164703
Edmonton
E182148
Office of the Public Guardian and Trustee
Property being held by the Public Trustee for a period of Ten
(10) Years
(Public Trustee Act)
Section 11(2)(
b) Erratum
The notice which was published in the July 15, 2021 issue of the Alberta Gazette
needs to be voided as the name of the estate has changed in 2025:
Name of Person Entitled
to Property
Description of
Property held
and its value or
estimated value
Property part of
deceased person's
Estate or held under
Court Order:
Deceased's Name
Judicial District
Court file number
Public Trustee
Office
Additional
Information
Unknown
$552,557.81
Estate of Cecillia Roena
Rodgers
SES03 130854
(file 152766)
Edmonton
Energy and Minerals
Declaration of Withdrawal from Unit Agreement
(Petroleum and Natural Gas Tenure Regulations)
The Minister of Energy and Minerals on behalf of the Crown in Right of Alberta
hereby declares and states that the Crown has withdrawn as a party to the agreement
entitled "Joarcam Viking Gas Cap Unit" effective June 1, 2025.
Stacey Szeto, for Minister of Energy and Minerals.
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy and Minerals on behalf of the Crown has executed
counterparts of the agreement entitled "Production Allocation Unit Agreement -
Garrington Glauconitic Agreement No. 11" and that the Unit became effective on
May 1, 2024.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy and Minerals on behalf of the Crown has executed
counterparts of the agreement entitled "Production Allocation Unit Agreement -
Wildmere General Petroleum Agreement No. 3" and that the Unit became effective
on November 1, 2022.
Executive Council
Hosting Expenses Exceeding $600.00
For the period April 1, 2025 to June 30, 2025
Function: Holiday Reception Dallas Texas
Date: December 11, 2024
Amount: $1,439
Location: Dallas, Texas
Function: Premier visit to Montreal/Ottawa, Canada, Business Council of Canada
Date: April 9, 2025 and April 11, 2025
Amount: $1,290
Location: Montreal, Quebec and Ottawa, Ontario
Function: Council of State Governments Midwest Legislators
Date: April 13, 2025 and April 16, 2025
Amount: $9,862
Location: Government House, Edmonton, Alberta
Function: Singing Back the Buffalo Screening - Highlighting Alberta
Date: April 16, 2025
Amount: $954
Location: Singapore
Function: Celebrating 55 - Years of Alberta in Japan
Date: April 24, 2025
Amount: $14,531
Location: Embassy of Canada, Tokyo, Japan
Function: Official Visit of the Consul General of Ireland
Date: April 28, 2025
Amount: $3,308
Location: Government House, Edmonton, Alberta
Function: Official Visit of Ambassador of the Republic of T rkiye
Date: May 5, 2025
Amount: $4,099
Location: Government House, Edmonton, Alberta
Function: Cabinet Swearing in Ceremony
Date: May 16, 2025
Amount: $1,977
Location: McDougall Centre, Calgary, Alberta
Function: 45th Anniversary of the Hokkaido Alberta Sister Province Relationship -
Luncheon for Vice Governor, and Delegation
Date: May 22, 2025
Amount: $2,053
Location: Queen Elizabeth II Building, Edmonton, Alberta
Function: 45th Anniversary of the Hokkaido Alberta Sister Province Relationship -
Formal Luncheon
Date: May 23, 2025
Amount: $7,624
Location: Government House, Edmonton, Alberta
Function: Global Energy Show - Lunch with Argentine Delegation
Date: June 9, 2025
Amount: $777
Location: Calgary, Alberta
Municipal Affairs
Hosting Expenses Exceeding $600.00
For the period April 1, 2025 to June 30, 2025
Function: Public Meeting and Vote on a Question for the Village of Delia
Purpose: Public meeting held for the residents, property owners, and community
stakeholders of the Village of Delia to review the contents of the viability review
report, provide an opportunity for the public to ask questions, and to vote on the
question of dissolution of the Village of Delia.
Date: April 9, 2025 and April 23-24, 2025
Amount: $1,219.41
Location: Delia, Alberta
Safety Codes Council
Corporate Accreditation
(Safety Codes Act)
Pursuant to
Section 28 of the Safety Codes Act it is hereby ordered that
Keyera Corp., Accreditation No. C000109, Order No. 354
provide services under the Safety Codes Act including applicable Alberta amendments
and regulations for Electrical
Consisting of all parts of the current: Canadian Electrical Code
Part 1, and Alberta
Electrical Utility Code.
Accredited Date: November 18, 1995 Issued Date: August 22, 2025.
Pursuant to
Section 28 of the Safety Codes Act it is hereby ordered that
Keyera Corp., Accreditation No. C000109, Order No. 2901
provide services under the Safety Codes Act including applicable Alberta amendments
and regulations for Gas
All parts of the current: CAN/CSA B149.1 Natural gas and propane installation code,
CAN/CSA B149.2 Propane storage and handling code, CAN/CSA B149.6 Code for
digester gas, landfill gas and biogas generation and utilization, CAN/BNQ 1784-000
Canadian hydrogen installation code, CAN/CSA B108.1 Compressed natural gas
refuelling stations installation code, CAN/CSA B108.2 Liquefied natural gas
refuelling stations installation code.
Excluding the CAN/CSA B149.5 Installation code for propane fuel systems and tanks
on highway vehicles, CAN/CSA B149.3 Code for the field approval of fuel related
components on appliances and equipment, CAN/CSA B109.1 Compressed natural gas
for vehicles installation code, CAN/CSA B109.2 Liquefied natural gas for vehicles
installation code.
Accredited Date: September 16, 2013 Issued Date: August 22, 2025.
Alberta Securities Commission
AMENDMENTS TO NATIONAL INSTRUMENT 41-101
GENERAL PROSPECTUS REQUIREMENTS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 41-101
GENERAL PROSPECTUS REQUIREMENTS
1. National Instrument 41-101 General Prospectus Requirements is amended by
this Instrument.
Section 1.1 is amended
(
a) by repealing the definition of "Aequitas personal information form",
(
b) by adding the following definition:
"Cboe personal information form" means a personal information form
for an individual pursuant to Cboe Canada Inc. Form 3, as amended
from time to time;,
(
c) by adding the following definition:
"CSE senior tier" has the same meaning as "senior tier" as defined in
section 1.3 of the listing rules of the Canadian Securities Exchange, as
amended from time to time;,
(
d) by repealing the definition of "IPO venture issuer" and replacing it with
the following:
"IPO venture issuer" means an issuer that
(
a) files a long form prospectus,
(
b) is not a reporting issuer in any jurisdiction immediately before the
date of the final long form prospectus, and
(
c) at the date of the long form prospectus,
(
i) does not have any of its securities listed or quoted, has not
applied to list or quote any of its securities, and does not
intend to apply to list or quote any of its securities, on
(
A) the Toronto Stock Exchange,
(
B) Cboe Canada Inc.
(
C) a U.S. marketplace, or
(
D) a marketplace outside of Canada and the United States of
America, other than the Alternative Investment Market of
the London Stock Exchange or the AQSE Growth Market
operated by Aquis Stock Exchange Limited, and
(ii) is not, has not applied to become, and does not intend to apply
to become, a CSE senior tier issuer;, and
(
e) in the definition of "personal information form" by replacing paragraph (
c) with the following:
(
c) a completed Cboe personal information form submitted by an
individual to Cboe Canada Inc., to which is attached a completed
certificate and consent in the form set out in
Schedule 1 - Part B of
Appendix A;.
3. Subsection 1.9(4) of Form 41-101F1 Information Required in a Prospectus is
repealed and replaced with the following:
(4) If the issuer has complied with the requirements of the Instrument as an
IPO venture issuer, include a statement, in substantially the following
form, with bracketed information completed:
"As at the date of this prospectus, [name of issuer] is not, has not
applied to become, and does not intend to apply to become, a CSE
senior tier issuer and does not have any of its securities listed or
quoted, has not applied to list or quote any of its securities, and
does not intend to apply to list or quote any of its securities, on the
Toronto Stock Exchange, Cboe Canada Inc., a U.S. marketplace,
or a marketplace outside of Canada and the United States of
America (other than the Alternative Investment Market of the
London Stock Exchange or the AQSE Growth Market operated by
Aquis Stock Exchange Limited).".
Section 20.11 of Form 41-101F1 Information Required in a Prospectus is
repealed and replaced with the following:
IPO venture issuers
20.11 If the issuer has complied with the requirements of the
Instrument as an IPO venture issuer include a statement, in
substantially the following form, with bracketed information
completed:
"As at the date of the prospectus, [name of issuer] is not, has not
applied to become, and does not intend to apply to become, a CSE
senior tier issuer and does not have any of its securities listed or
quoted, has not applied to list or quote any of its securities, and
does not intend to apply to list or quote any of its securities, on the
Toronto Stock Exchange, Cboe Canada Inc., a U.S. marketplace,
or a marketplace outside of Canada and the United States of
America (other than the Alternative Investment Market of the
London Stock Exchange or the AQSE Growth Market operated by
Aquis Stock Exchange Limited).".
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 44-101
SHORT FORM PROSPECTUS DISTRIBUTIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 44-101
SHORT FORM PROSPECTUS DISTRIBUTIONS
1. National Instrument 44-101 Short Form Prospectus Distributions is amended
by this Instrument.
Section 1.1 is amended in the definition of "short form eligible exchange" by
replacing "Aequitas NEO Exchange Inc." with "Cboe Canada Inc.".
Section 2.7 is amended by adding the following subsection:
(4) Paragraphs 2.2(d), 2.3(1)(
d) and 2.6(1)(
b) do not apply to an issuer if
(
a) the issuer is not exempt from the requirement in the applicable CD
rule to file annual financial statements within a prescribed period
after its financial year end, but the issuer has not yet, since the
completion of a fundamental change, as defined in
section 1.3 of
the listing rules of the Canadian Securities Exchange, as amended
from time to time, been required under the applicable CD rule to
file annual financial statements, and
(
b) a listing statement of the Canadian Securities Exchange
(
i) was filed in connection with the fundamental change, and
(ii) complied with the listing rules of the Canadian Securities
Exchange, as amended from time to time, in respect of the
fundamental change..
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 45-106
PROSPECTUS EXEMPTIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 45-106
PROSPECTUS EXEMPTIONS
1. National Instrument 45-106 Prospectus Exemptions is amended by this
Instrument.
Section 2.22 is amended in paragraph (
a) of the definition of "listed issuer"
(
a) in subparagraph (ii.1) by replacing "Aequitas NEO Exchange Inc." with
"Cboe Canada Inc.", and
(
b) by adding the following subparagraph:
(ii.2) the Canadian Securities Exchange,.
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO ALBERTA SECURITIES COMMISSION RULE 45-516
PROSPECTUS EXEMPTIONS FOR RETAIL INVESTORS AND
EXISTING SECURITY HOLDERS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO ALBERTA SECURITIES COMMISSION RULE 45-516
PROSPECTUS EXEMPTIONS FOR RETAIL INVESTORS AND
EXISTING SECURITY HOLDERS
1. Alberta Securities Commission Rule 45-516 Prospectus Exemptions for Retail
Investors and Existing Security Holders s is amended by this Instrument.
Section 2 is amended in the definition of ""listed security"" by replacing
"Aequitas NEO Exchange Inc." with "Cboe Canada Inc.",
3. Subsection 3(
a) is amended by replacing "Aequitas NEO Exchange Inc." with
"Cboe Canada Inc.", and
4. Subsection 4(
a) is amended by replacing "Aequitas NEO Exchange Inc." with
"Cboe Canada Inc.".
5. This Instrument comes into force on September 19, 2025.
AMENDMENTS TO NATIONAL INSTRUMENT 51-102
CONTINUOUS DISCLOSURE OBLIGATIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 51-102
CONTINUOUS DISCLOSURE OBLIGATIONS
1. National Instrument 51-102 Continuous Disclosure Obligations is amended by
this Instrument.
Section 1.1 is amended
(
a) by adding the following definition:
"CSE senior tier" has the same meaning as "senior tier" as defined in
section 1.3 of the listing rules of the Canadian Securities Exchange, as
amended from time to time;, and
(
b) in the definition of "venture issuer"
(
i) by adding "was not a CSE senior tier issuer and" after "as at the
applicable time,",
(ii) by replacing "Aequitas NEO Exchange Inc." with "Cboe Canada Inc.",
(iii) by replacing "the PLUS markets operated by PLUS Markets Group
plc" with "the AQSE Growth Market operated by Aquis Stock
Exchange Limited".
Section 9.4 is amended by adding the following subsection:
(6.1) Subsection (6) does not apply to a form of proxy sent to securityholders of a
reporting issuer in respect of the election of directors if any of the following
applies:
(
a) the reporting issuer is incorporated, organized or continued under the
Canada Business Corporations Act (Canada) and complies with
subsection 54.1(2) of the
Canada Business Corporations Regulations,
2001 (SOR/2001-512) under the
Canada Business Corporations Act
(Canada);
(
b) the reporting issuer
(
i) is incorporated, organized or continued under the laws of a
jurisdiction of Canada or a foreign jurisdiction that contain a
requirement substantially similar to subsection 54.1(2) of the
Canada Business Corporations Regulations, 2001 (SOR/2001-
512) under the
Canada Business Corporations Act (Canada), and
(ii) complies with the requirement referred to in subparagraph (i)..
4. Paragraph 9.4(7)(
b) is amended by replacing "subsection (4) or (6)" with
"subsection (4), (6) or (6.1)".
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO MULTILATERAL INSTRUMENT 51-105
ISSUERS QUOTED IN THE U.S. OVER-THE-COUNTER MARKETS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO MULTILATERAL INSTRUMENT 51-105
ISSUERS QUOTED IN THE U.S. OVER-THE-COUNTER MARKETS
1. Multilateral Instrument 51-105 Issuers Quoted in the U.S. Over-the-Counter
Markets is amended by this Instrument.
Section 1 is amended in the definition of "OTC issuer":
(
a) in subparagraph (b)(iii) by replacing "Canadian National Stock Exchange"
with "Canadian Securities Exchange", and
(
b) in subparagraph (b)(viii) by replacing "Aequitas NEO Exchange Inc." with
"Cboe Canada Inc.".
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 52-109
CERTIFICATION OF DISCLOSURE IN ISSUERS' ANNUAL
AND INTERIM FILINGS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 52-109
CERTIFICATION OF DISCLOSURE IN ISSUERS' ANNUAL
AND INTERIM FILINGS
1. National Instrument 52-109 Certification of Disclosure in Issuers' Annual and
Interim Filings is amended by this Instrument.
Section 1.1 is amended
(
a) by adding the following definition:
"CSE senior tier" has the meaning ascribed to "senior tier" in
section
1.3 of the listing rules of the Canadian Securities Exchange, as
amended from time to time;, and
(
b) by repealing the definition of "venture issuer" and replacing it with the
following:
"venture issuer" means a reporting issuer that, as at the end of the
period covered by the annual or interim filings, as the case may be,
(
a) did not have any of its securities listed or quoted on any of the
Toronto Stock Exchange, Cboe Canada Inc., a U.S. marketplace,
or a marketplace outside of Canada and the United States of
America other than the Alternative Investment Market of the
London Stock Exchange or the AQSE Growth Market operated by
Aquis Stock Exchange Limited, and
(
b) was not a CSE senior tier issuer..
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 52-110
AUDIT COMMITTEES
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 52-110
AUDIT COMMITTEES
1. National Instrument 52-110 Audit Committees is amended by this Instrument.
Section 1.1 is amended
(
a) by adding the following definition:
"CSE senior tier" has the meaning ascribed to "senior tier" in
section
1.3 of the listing rules of the Canadian Securities Exchange, as
amended from time to time;, and
(
b) by repealing the definition of "venture issuer" and replacing it with the
following:
"venture issuer" means an issuer that, at the end of its most recently
completed financial year,
(
a) did not have any of its securities listed or quoted on any of the
Toronto Stock Exchange, Cboe Canada Inc., a U.S. marketplace,
or a marketplace outside of Canada and the United States of
America other than the Alternative Investment Market of the
London Stock Exchange or the AQSE Growth Market operated by
Aquis Stock Exchange Limited, and
(
b) was not a CSE senior tier issuer..
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 58-101
DISCLOSURE OF CORPORATE GOVERNANCE PRACTICES
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 58-101
DISCLOSURE OF CORPORATE GOVERNANCE PRACTICES
1. National Instrument 58-101 Disclosure of Corporate Governance Practices is
amended by this Instrument.
Section 1.1 is amended
(
a) by adding the following definition:
"CSE senior tier" has the same meaning as "senior tier" as defined in
section 1.3 of the listing rules of the Canadian Securities Exchange, as
amended from time to time;, and
(
b) by repealing the definition of "venture issuer" and replacing it with the
following:
"venture issuer" means a reporting issuer that, at the end of its most
recently completed financial year,
(
a) did not have any of its securities listed or quoted on any of the
Toronto Stock Exchange, Cboe Canada Inc., a U.S. marketplace,
or a marketplace outside of Canada and the United States of
America other than the Alternative Investment Market of the
London Stock Exchange or the AQSE Growth Market operated by
Aquis Stock Exchange Limited, and
(
b) was not a CSE senior tier issuer..
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO MULTILATERAL INSTRUMENT 61-101
PROTECTION OF MINORITY SECURITY HOLDERS
IN SPECIAL TRANSACTIONS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO MULTILATERAL INSTRUMENT 61-101
PROTECTION OF MINORITY SECURITY HOLDERS
IN SPECIAL TRANSACTIONS
1. Multilateral Instrument 61-101 Protection of Minority Security Holders in
Special Transactions is amended by this Instrument.
Section 1.1 is amended by adding the following definition:
"CSE senior tier" has the meaning ascribed to "senior tier" in
section
1.3 of the listing rules of the Canadian Securities Exchange, as
amended from time to time;.
3. Paragraph 4.4(1)(
a) is repealed and replaced with the following:
(
a) Issuer Not Listed on Specified Markets - the issuer is not a CSE
senior tier issuer and no securities of the issuer are listed or quoted
on the Toronto Stock Exchange, Cboe Canada Inc., the New York
Stock Exchange, the American Stock Exchange, the NASDAQ
Stock Market, or a stock exchange outside of Canada and the
United States other than the Alternative Investment Market of the
London Stock Exchange or the AQSE Growth Market operated by
Aquis Stock Exchange Limited,.
4. Paragraph 5.5(
b) is repealed and replaced with the following:
(
b) Issuer Not Listed on Specified Markets - the issuer is not a CSE
senior tier issuer and no securities of the issuer are listed or quoted
on the Toronto Stock Exchange, Cboe Canada Inc., the New York
Stock Exchange, the American Stock Exchange, the NASDAQ
Stock Market, or a stock exchange outside of Canada and the
United States other than the Alternative Investment Market of the
London Stock Exchange or the AQSE Growth Market operated by
Aquis Stock Exchange Limited,.
5. Subparagraph 5.7(1)(b)(
i) is repealed and replaced with the following:
(
i) the issuer is not a CSE senior tier issuer and no securities of the
issuer are listed or quoted on the Toronto Stock Exchange, Cboe
Canada Inc., the New York Stock Exchange, the American Stock
Exchange, the NASDAQ Stock Market, or a stock exchange
outside of Canada and the United States other than the Alternative
Investment Market of the London Stock Exchange or the AQSE
Growth Market operated by Aquis Stock Exchange Limited,.
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 62-104
TAKE-OVER BIDS AND ISSUER BIDS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 62-104
TAKE-OVER BIDS AND ISSUER BIDS
1. National Instrument 62-104 Take-Over Bids and Issuer Bids is amended by
this Instrument.
2. Subsection 4.8(1) is amended by adding ", Cboe Canada Inc." after "the TSX
Venture Exchange".
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 71-102
CONTINUOUS DISCLOSURE AND OTHER EXEMPTIONS
RELATING TO FOREIGN ISSUERS
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 71-102
CONTINUOUS DISCLOSURE AND OTHER EXEMPTIONS
RELATING TO FOREIGN ISSUERS
1. National Instrument 71-102 Continuous Disclosure and Other Exemptions
Relating to Foreign Issuers is amended by this Instrument.
2. Paragraph 4.7(2)(
a) is amended by replacing "Aequitas NEO Exchange Inc."
with "Cboe Canada Inc.".
3. Paragraph 5.8(2)(
a) is amended by replacing "Aequitas NEO Exchange Inc."
with "Cboe Canada Inc.".
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
AMENDMENTS TO NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
(Securities Act)
Made as a rule by the Alberta Securities Commission on March 12, 2025 pursuant to
sections 223 and 224 of the Securities Act.
AMENDMENTS TO NATIONAL INSTRUMENT 81-101
MUTUAL FUND PROSPECTUS DISCLOSURE
1. National Instrument 81-101 Mutual Fund Prospectus Disclosure is amended
by this Instrument.
Section 1.1 is amended
(
a) by repealing the definition of "Aequitas personal information form",
(
b) by adding the following definition:
"Cboe personal information form" means a personal information form
for an individual pursuant to Cboe Canada Inc. Form 3, as amended
from time to time;, and
(
c) in the definition of "personal information form" by replacing paragraph (
c) with the following:
(
c) a completed Cboe personal information form submitted by an
individual to Cboe Canada Inc., to which is attached a completed
certificate and consent in the form set out in
Schedule 1 - Part B of
Appendix A to National Instrument 41-101 General Prospectus
Requirements;.
(1) This Instrument comes into force on September 19, 2025.
(2) In Saskatchewan, despite subsection (1), if this Instrument is filed with the
Registrar of Regulations after September 19, 2025, this Instrument comes
into force on the day on which it is filed with the Registrar of Regulations.
ADVERTISEMENTS
Horse Racing Alberta
(Horse Racing Alberta Act)
"B" Race Track Licensing Rules
Statement of objectives:
Central to Horse Racing Alberta's plan for the strategic direction of the horse racing
industry is the implementation of the recommendations of the "B" Track Safety and
Improvement Subcommittee and Regulatory and Licensing Committee 2025.
Implementation will be achieved by the solidification of principle racing venues,
using race track licensing as the catalyst, guided by sound business and strategic
plans.
In seeking and considering proposals for race track licences in Alberta, it is the
intention of the *Corporation to:
(
a) promote the development of high-quality race tracks for racehorses, racing
participants, racing officials, patrons and the general public;
(
b) enable the market for pari-mutuel horse racing to mature and expand as
warranted, largely by consumer demand;
(
c) limit the number of race track licences to the number which the
*Corporation determines the Alberta market can support, so as to encourage
agriculture and the breeding of horses in Alberta, and to hold race meetings
in Alberta of the highest quality;
(
d) link race track licences dates, so that live horse racing is a prerequisite for
maintaining a gaming licence. These "Racing Entertainment Centres" would
include live horse racing (as their principal business) and simulcasting
(potentially both on and off track) and should also be supported by other
gaming facilities (for example, slot machines) as well as other forms of
entertainment.
(
e) ensure successful applicants for licences demonstrate a strong emphasis on
customer service and appreciation and a demonstrated willingness to
continually upgrade their facilities in the interests of both the general public
and racing industry participants.
The Horse Racing Alberta Act,1 allows the *Corporation to establish rules and require
that race track operators be licensed.
The basic objectives of these Race Track Licensing Rules are to:
facilitate strategic, long term business planning on the part of racing venues
establish a review and approval process whereby interested parties are
invited to submit proposals through a two-phase process permitting suitable
applicants to formally apply and compete for race track licences in all
market regions of Alberta
improve, in part, racing industry accountability
enable race track licensees to operate race tracks and contribute to the
development of the overall racing industry.
In the second phase of the licensing application process, applicants are required to
include information on their proposed racing operations, marketing strategies,
operating budgets, capital maintenance, physical facilities, track size and development
plans, and other pertinent information. Also, a part of the licensing procedure will be
the requirement for race track operators to develop multi-year business plans for their
overall racing operations - such business plans to readily identify the ways and
means of stabilizing and improving the business and sport of horse racing in their
region.
Part 1
APPLICATION, REQUIREMENT FOR LICENCES
AND RACE TRACK CLASSIFICATION
1 Application of these rules
(1) These *rules apply to the licensing, suspension, revocation and
reinstatement of licences for
(
a) persons who operate a race track,
(
b) persons who conduct horse races,
(
c) race tracks that operate *Off Track Betting Theaters (OTBs),
(
d) race tracks that operate *Telephone Account Betting (TAB) facilities,
and
(
e) race tracks that operate a *racing entertainment centre.
(2) For the purposes of these rules, quorum of the *Board of the *Corporation
are those class of persons who are empowered to decide all questions
relating to those persons specified in subsection (1), including, without
limitation, all matters relating to the issuing, suspension, revocation,
reinstatement, sanctions, and penalties under the *Act and these rules.
Interpretation rules
(1) The
Interpretation Act applies to these rules.
(2) Some words used in these rules are defined, identified by an asterisk
appearing at the start of the word.
(3) The defined words are collected in
Schedule 1 to these rules.
(4) Once a defined term has been asterisked, subsequent uses of the word in the
same subsection are usually asterisked.
(5) The explanatory notes and footnotes in these rules are included to aid
understanding and
interpretation, but in the event of conflict between a note
and a rule, the rule prevails.
3 Required licences
(1) A person shall not conduct a horse race meeting without a race track licence
to do so.
(2) In accordance with
section 13 of the *Act, a race track licence is required
from the *Corporation for a person to operate a race track, which includes:
(
a) the conduct a horse race,
(
b) the operation of *OTBs,
(
c) the operation of *TAB facilities, or
(
d) the operation of a *racing entertainment centre.
Classification of Race Tracks in Alberta
4 Alberta race track classification
(1) Race tracks are classified by the *Corporation as:
(
a) Class A tracks,
(
b) Class B tracks, or
(
c) Class C tracks.
(2) A Class A track is a race track
(
a) on which live racing is conducted for a minimum of 100 days in a
calendar year, the total number of days and the actual dates are applied
for and determined by the *Corporation on an annual basis, and
(
b) in respect of which certain basic/minimum infrastructure (race track,
site and grandstand) and racing operations requirements, identified in
these rules, are met.
Explanatory note: The racing operation requirements referred to in clause (
c) include
sections 5, 37-44, and 55-57 of these rules.
(3) A Class B track is a race track
(
a) on which live racing is conducted to a maximum of 60 days and a
minimum of 15 days in a calendar year, the total number of days and
the actual dates are applied for and determined by the *Corporation on
an annual basis, and
(
b) in respect of which certain basic/minimum infrastructure (race track,
site and grandstand) and racing operations requirements, identified in
these rules, are met.
Explanatory note: The racing operation requirements referred to in clause (
c) include
sections 5, 37-44, and 55-57 of these rules.
(4) A Class B race track may request or be required by the *Corporation to
provide additional days of live racing. If after receipt of a request from a
licensee the *Corporation determines additional days to be in the best
interests of the province and the racing industry, the *Corporation shall
grant the additional days.
(5) A Class C track is a race track
(
a) on which live racing is conducted for a maximum number of 15 days in
the calendar year, the total number of days and the actual dates are
applied for and determined by the *Corporation on an annual basis,
(
b) in respect of which certain basic/minimum infrastructure (race track,
site and grandstand) and racing operations requirements, as identified in
these rules, are met.
Explanatory note: The racing operation requirements referred to in clause (
c) include
sections 5, 37-44, and 55-57 of these rules.
(6) For the purposes of this
section live race dates are counted separately from
the dates on which the licensed operator presents *simulcast races; a race
track may only present simulcast races on dates as applied to and approved
by the *Corporation;
Part 2
DECISION MAKING BY THE CORPORATION
Statement of intention: It is the intent of the *Corporation in issuing race track
licences to enable the market for pari-mutuel horse racing to mature and expand as
warranted largely by consumer demand. It is the intent of the *Corporation, in the
best interests of horse racing, to limit the number of race track licences to the number
which the *Corporation determines the Alberta market can support so as to encourage
agriculture and the breeding of horses in this province; and, to hold race meetings in
this Province of the highest quality.
5 Criteria to be considered
(1) In deciding whether to grant or refuse an application for a race track licence
or designate the class of licence, the *Corporation may consider, among
other considerations, the degree to which any of the following factors
regarding the applicant's existing race track or proposed race track serve to
nurture, promote, develop, or improve the racing industry in Alberta:
(
a) the character of the applicant;
(
b) the applicant's financial stability and ability to develop, own and
operate and continually upgrade a race track facility, or any of them;
(
c) the applicant's stated and potential ability to optimize the peak racing
season and to generate pari-mutuel *handle and other revenue;
(
d) the applicant's ability to successfully obtain a gaming licence;
(
e) the applicant's willingness to provide twin thoroughbred and
standardbred tracks at their facility, preference being given to an
applicant who provides a one-mile track, with an internal standardbred
race track of a 7/8 mile;
(
f) the applicant's *resources for supplementing the purses for races for
various breeds;
(
g) the types, variety and proposed days of pari-mutuel horse racing which
the applicant will offer and the applicant's plans related to the quality of
the presentation of the racing product or products;
(
h) the applicant's willingness to facilitate live horse racing wagering at
their facility;
(
i) the applicant's *simulcast facilities and plans for exporting and
importing race signals;
(
j) the nature and extent of proposed special event programming and
collateral entertainment/gaming activities;
(
k) the quality of physical improvements and equipment in the applicant's
facility;
(
l) the condition of the applicant's facility or the status of any proposed
capital improvements;
(
n) the effect of the existing or proposed race track on traffic flow in the
vicinity of the track;
(
o) facilities for patrons and *occupational licensees;
(
p) the applicant's stated desire and ability to market and operate horse
racing in it's area;
(
q) the applicant's stated willingness to align with overall provincial
marketing plans and strategies;
(
r) the applicant's stated willingness and ability to acquire corporate
sponsorships which primarily benefit horse racing;
(
s) whether or not the applicant has chosen to incorporate a *racing
entertainment centre into their facilities;
(
t) the scale and magnitude of any racing entertainment centre and the
projected revenue to be derived for racing industry renewal and their
projected utilization;
(
u) the capabilities, functionality and capacity of the applicant's grandstand;
(
v) the suitability of the race track area for race viewing and broadcasting;
(
w) the desire and ability of the applicant to provide the highest quality of
horse racing signals for rebroadcast purposes;
(
x) facilities for racehorses and racing participants, for example, track, all
weather barns area, the ability to remove the inside hub rail, parking
areas for trailers, grooms, quarters, and stalls;
(
y) availability of support services and emergency services to the race
track;
(
z) the extent to which the safety of the public, employees and horses are
addressed by the applicant;
(aa) the managerial ability and experience of the applicant;
(bb) the potential for conflict with other *licensed race meetings;
(cc) the applicant's stated desire and ability to consult and work with a race
track operations committee consisting of various *recognized Alberta
horsemen's associations;
(dd) the projected effect of race meetings on the horse breeding industry in
Alberta;
(ee) the projected effect of the race meeting on the provincial and local
economy from tourism, increased employment, and other sources;
(ff) the status of any licence, permit, approval or other governmental
requirement to be obtained by the applicant;
(gg) the stated and desired efforts to promote orderly growth of horse racing
in Alberta and educate the public with respect to horse racing and pari-
mutuel wagering;
(hh) the impact of the facility including its impact on the provincial, regional
and local economies;
(ii) the extent of public support and opposition;
(jj) the effects on non-racing competition;
(kk) the applicant's compliance with the applicable enactments and
government directives; and
(ll) any other criterion which the *Corporation deems appropriate to
consider.
(2) The *Corporation may request any or all applicants to make a presentation
on their application before the *Board or a Board Committee.
(3) The *Corporation need not issue a race track licence unless the applicant
provides security in a manner and in an amount determined by the
*Corporation to ensure the applicant complies with the *Act, the
*Corporation's rules, and the conditions of the licence.2
(4) The *Corporation is also to base its final decision on the extent to which the
applicant
(
a) conforms to the *Act;
(
b) conforms with these Rules;
(
c) addresses and will advance the general intention expressed by the
Statement of Objectives;
(
d) conforms with licensing requirements under the Gaming, Liquor and
Cannabis Act.
(5) The successful applicant must demonstrate to the satisfaction of the
*Corporation a strong emphasis on customer service and appreciation and a
demonstrated willingness to continually upgrade their facilities in the
interests of both the general public and racing industry participants.
6 Competing applications
If the *Corporation receives more than one application for any class of race track
licence for a similar geographical area, the *Corporation may:
(
a) require further information of the applicants;
(
b) refuse to grant a licence to any of the applicants;
(
c) only grant the licence to the applicant which, in the opinion of the
*Corporation, will be in the best interest of racing and the public; or
(
d) grant more than one licence with the same or different designated class
of licence.
7 Reasons for decision
In granting or refusing an application for a race track licence the *Corporation shall
state reasons for its decision.
8 Issue of licences
(1) The *Corporation may issue a race track licence to a qualified applicant if it
finds that the conduct of race meetings at the race track and location will be
in the public interest, and complies with all applicable laws and the rules and
directives of the *Corporation.
(2) A licence will not be issued unless the applicant agrees in writing to adhere
required by the *Corporation but not included in these rules.
(3) The licence authorizes the holder of it in accordance with the licence to:
(
a) operate a race track,
(
b) conduct horse races,
(
c) conduct *OTB,
(
d) conduct *TAB, or
(
e) operate a racing entertainment centre, or all of the above, in accordance
with the terms of the licence and the *Corporation's rules.
9 Term of licence
(1) The term of a race track licence shall be for up to a maximum of 10 years, or
such longer period as in the opinion of the *Corporation is in the best
interests of racing in Alberta or is required to nurture, promote, develop or
improve the racing industry in Alberta. The terms will be specified by the
*Corporation and displayed on the licence.
(2) All multi-year licences shall be reviewed by the *Corporation on an annual
basis to determine if the information that was presented in the original
licence application or subsequent licence renewal or annual reviewal
documentation is consistent and accurate.
(3) All multi-year licensee's must, on an annual basis, provide the *Corporation
with updates to the information submitted in their initial licence application
especially as it relates to the sections on finance, ownership and operations
and marketing. All multi-year licensees must provide the *Corporation, on
an annual basis, with
(
a) the information required under sections 12, 19 (7), 48, 49, 50, 55, and
61 of these rules, and
(
b) the actual amounts identified as required in those sections for the year
just completed.
(4) The *Corporation may grant any organization a conditional or temporary
race track licence, including the possible requirement of a performance
bond, for any length of time up to 3 years, if the *Corporation, at its sole
discretion, deems that by so doing would be in the best interests of the
Alberta racing industry.
(5) The *Corporation may grant a *protected market area in a geographical area
to a licensee for up to and including the total period of time that the licensee
is licensed by the *Corporation.
(6) Beyond the initial licence application fee, the *Corporation may impose an
annual fee on the licence holder.3
10 Cancellation, suspension, cancellation on dispossession, and transferability
of licence
(1) The *Corporation may suspend or cancel the licence should the licensee
(
a) make any assignment for the benefit of creditors,
(
b) commit
an act of bankruptcy as defined by the Bankruptcy and
Insolvency Act (Canada),
(
c) become insolvent,
(
d) have a receiver appointed,
(
e) take the benefit of any legislation that may be in force for bankrupt or
insolvent debtors,
(
f) commit a substantial breach of these rules, or
(
g) fail to remedy any lesser breach for which notice to remedy has been
given.
(2) In the event of a breach of these rules, the *Corporation may give notice that
the licensee is in default.
(3) For greater particularity, a breach of these rules includes:
(
a) violating the *Act, these rules or any other rules of the *Corporation;
(
b) violating a condition of the licence;
(
c) violating a direction of the *Corporation;
(
d) making a false or misleading statement in an application for a licence
(other than a forecast for which there is reasonable justification);
(
e) engaging in conduct that, in the opinion of the *Corporation, is
prejudicial to the best interests of horse racing; (
f) violating any law4
which would be a substantial breach of the conditions under which a
licence is granted;
(
g) not meeting *Canadian Pari-Mutuel Agency permit requirements.
(4) In the event that a default notice is given, the licensee shall have the period
of time allotted in the notice (such period to be no longer than 30 days), to
remedy the default or explain how that default will be addressed, failing
which the *Corporation may:
(
a) impose a fine, to a maximum of $100,000 (See
Schedule 4), or other
penalty, upon the licensee;
(
b) suspend the licence for such time as the *Corporation deems fit,
including an allotted time in which to remedy the default;
(
c) cancel the licence.
(5) In the event of insolvency, bankruptcy, an assignment for the benefit of
creditors or receivership of the licensee, the *Corporation may, at its sole
discretion,
(
a) continue the licence in the name of the trustee or receiver, as the case
may be, subject to such terms as the *Corporation may impose, upon
application of the trustee or receiver,
(
b) suspend the license, or
(
c) cancel the licence.
(6) A licence may not be sold or transferred directly or indirectly without the
consent in writing of the *Corporation. In the event that a licensee proposes
to sell or transfer a licence, directly or indirectly, the proposed purchaser or
transferee, shall make application for approval to the *Corporation in the
same format as is required for a licence in the first instance.
11 Reinstatement
The *Corporation may, in its discretion, reinstate a race track licence that has been
suspended or cancelled.
12 Financial disclosure
(1) Each holder of a race track licence must annually file with the *Corporation
a detailed financial statement that:
(
a) contains a detailed balance sheet, the results of horse racing operations
for the year, change in financial position for the year and details of
capital expenditures for the year;
(
b) contains the names and addresses of all shareholders, members and
owners of any interest in the race track facility, capital development or
operation;
(
c) indicates compliance during the filing period with the *Corporation's
rules;
(
d) includes any other information required by the *Corporation.
(2) Each transaction that involves a major acquisition or transfer of a pecuniary
interest in the licence holder must receive prior approval from the
*Corporation.
(3) A transaction that changes the ownership of the licence holder requires
submission of updated information of the type required to be disclosed under
these rules.
(4) Each holder of a race track licence must annually provide an operating
budget for the forth coming year.
13 Racing restricted to designated place
(1) The holder of a race track licence may not conduct live horse racing at any
place other than the place designated in the licence, except as provided by
subsection (2).
(2) If a race track becomes unsuitable for racing because of fire, flood, or other
catastrophe, the licence holder, with the prior approval of the *Corporation,
may conduct a race meeting or any remaining portion of a meeting
temporarily at any other race track licensed by the *Corporation to conduct
the same type of racing as may be conducted by the licence holder, if the
licensee of the other race track also consents to that use.
14 Posting of licence
A race track licensee must post in a prominent place in the licensed facility:
(
a) the race track licence; and
(
b) any document or information that the *Corporation requires to be
posted.
Part 3
APPLICATION FOR A RACE TRACK LICENCE
Division 1
Application
15 Eligible applicants
To be eligible to be issued a licence to operate a race track the applicant must:
(
a) be a duly incorporated body by or pursuant to
an act of Parliament or of
the Legislature of the Province of Alberta,
(
b) own or lease a race track or have a proven intention to do so,
(
c) conduct live or *simulcast or proposes to conduct live or simulcast
horse races in the ordinary course of its business,
(
d) to the extent that applicable legislation requires that the purposes of the
applicant's organization or association be expressly stated in its
constating instrument, having as one of its purposes the conduct of live
or the simulcast of horse races, and
(
e) be able to meet all requirements stipulated by the *Canadian Pari-
Mutuel Agency for the issuance of a federal permit to conduct horse
racing in accordance with the *Pari-Mutuel Betting Supervision
Regulations.
16 Phase 1 Invitation for licence applications
(1) From time to time, the *Corporation may designate an application period
during which time the *Corporation will accept applications for race track
licences.
(2) This process consists of two phases:
(
a) the first phase is a request for proposal process when an expression of
interest will be requested of any interested and eligible applicants in
which
(
i) applicants in this phase will be asked for a detailed but general
plan for their facility, and
(ii) the expression of interest will be left to the applicant's discretion
as to content.
(
b) a second phase for a detailed application described in
section 17.
(3) The *Corporation may specify the class and general geographic area of the
race track or facility for which it will consider applications.
(4) The *Corporation will determine from the Phase I applicants which one or
more applicants make proposals that, in the opinion of the *Corporation, are
most congruent with the Statement of Objectives and are most likely to
advance the horse racing industry in Alberta, and so should be invited to
apply under Phase 2 of the application process.
(5) The *Corporation must notify all Phase 1 applicants no later than 30 days
following the last day of the Phase I application period, about whether or not
they have been selected to proceed to Phase 2 of the application process.
(6) All applicants selected from Phase I must provide detailed application
information, as required by these rules, within 45 days following their being
requested by the *Corporation to do so.
17 Phase 2 detailed application
(1) Each successful Phase I applicant wishing to submit a detailed application
for a race track licence must pay the application fee specified in
Schedule 2,
and submit an application in the prescribed form, containing the information
required by these rules.
(2) The application must state:
(
a) details of where and how the applicant was incorporated;
(
b) the names and addresses of the applicant's agents for service of
documents;
(
c) the names and addresses of its officers and directors and, for each
individual named under this clause, the individual's date of birth,
current address and telephone number, and a statement disclosing any
conviction of an indictable criminal offence or any other offence that
would adversely impact on the suitability of such individual to be part
of a licensee authorized to hold horse races,
(
d) the names and addresses of its shareholders and, for each individual
named under this clause, the individual's date of birth, current address
and telephone number, and a statement disclosing any conviction of a
criminal offence; and
(
e) the beneficial owners of shares in the applicant that hold voting rights,
absolute or contingent, any other person that directly or indirectly
exercises any participation in the applicant, and any other ownership
interest in the applicant that the applicant, making its best effort, is able
to identify.
(3) The application under this
section must also include:
(
a) the exact location at which a race meeting is to be conducted;
(
b) if the racing facility is in existence, whether it is owned by the applicant
and, if leased to the applicant, the name and address of the owner and,
if the owner is a *Corporation or unincorporated business association,
the names and addresses of its officers and directors, its shareholders
and members, if any, and its agents for service of documents;
(
c) if construction of the racing facility has not been initiated, whether it is
to be owned by the applicant and, if it is to be leased to the applicant,
the name and address of the prospective owner and, if the owner is a
*Corporation or unincorporated business association,
(
i) the names and addresses of its officers and directors,
(ii) the names and addresses of its shareholders,
(iii) the names and addresses of its members, if any, and
(iv) the names and addresses of its agents for service of documents;
(
d) identification of any other beneficial owner of shares that hold voting
rights, absolute or contingent, in the owner or prospective owner of the
racing facility, or any other person that directly or indirectly exercises
any participation in the owner or prospective owner and all other
ownership interest in the owner or prospective owner that the applicant
making its best effort is able to identify;
(
e) a detailed statement of the assets and liabilities of the applicant;
(
f) the kind of racing to be conducted and the number of race dates to be
requested;
(
g) listing of each lease, management, concession, and totalizator contract
dealing with the licence or proposed licence at the location or proposed
location in which the applicant has an interest for inspection and review
by the *Corporation;
(
h) the prior approval of the *Corporation for any pari-mutuel totalizator
contract;
(
i) an agreement by the applicant that any decision made by the
*Corporation with respect to their licence application is considered to
be final; and
(
j) any other information required or implied by these rules or required by
the *Corporation.
(4) If the applicant is a non-profit *Corporation, only directors and officers of
the *Corporation must disclose the information required under subsection
(2).
(5) The burden of proof is on the applicant to show compliance with the *Act
and with the rules and directives of the *Corporation.
Division 2
Phase 2 Detailed Application Documents
Process and General Requirements
18 Application documents
(1) An applicant for a licence to operate a race track must submit application
documents in accordance with this section.
(2) The applicant must submit an original and 5 hardcopies of the documents to
the *Corporation.
(3) The applicant must provide a statutory declaration as to the truth and
validity of the documents.
(4) The applicant must state the name, address, and telephone number of an
individual designated by the applicant to be the primary contact person for
the *Corporation during the application process.
(5) The applicant must submit all application documents not later than 5:00 p.m.
Mountain Standard Time on the last day of the application period.
19 Types of documents required
(1) An applicant for a Class C race track licence must submit the documents
required by this Division concerning:
(
a) background information;
(
b) ownership;
(
c) site and facilities,
(
i) on track;
(ii) *off track (if applicable);
(
d) safety and security; and
(
e) a general business plan with a specific marketing component.
(2) In addition to documents required under subsection (1), an applicant for a
Class B race track licence must submit the documents required by this
Division concerning:
(
a) financing; and
(
b) operations and marketing.
(3) An applicant for a Class A licence must submit all the documents required
by this Division.
(4) An applicant for a race track licence must submit the application documents
in written form:
(
a) on 8 1/2 by 11-inch paper;
(
b) have an executive
summary;
(
c) be separated by the appropriate chapter, and the section, subsection, and
Division designation of the rule that requires the submission of a
document must be noted at the top of each page of the document; and
(
d) provide photographs of any three-dimensional exhibits.
(5) The application should contain a table of contents and dividers to clearly
designate the various sections covered in the application and the documents
within the application must be consecutively paginated.
(6) The executive
summary should contain the highlights of the entire
application and should include a table which contains information regarding
the ownership, residency, and contributions of each officer, director, partner,
or owner of an interest of 10% or more in the application submitted in the
format specified in
Schedule 3 to these rules.
(7) The executive
summary must include a table containing an attendance and
wagering
summary of information submitted in the financial forecasts. The
table must be submitted in the format specified in
Schedule 3 to these rules.
20 Review of application documents
(1) Not later than the 15th day after the last day of the identified detailed
application period, the *Corporation must review each application submitted
to determine whether the application contains all the information required by
these rules.
(2) If the *Corporation determines that the application does not contain all the
information required by these rules, the *Corporation must notify the
applicant in writing and state the nature of the deficiency in the application.
(3) The applicant must submit the documents necessary to complete the
application before the 30th day after the last day of the identified detailed
application period.
(4) If the applicant fails to submit the requested documents in a timely manner,
the *Corporation may not certify the application as received and the
*Corporation may not consider the application.
(5) When the *Corporation determines that an application contains all the
information required by these rules the *Corporation must certify in writing
that the application is received by the *Corporation.
(6) The *Corporation must transmit a copy of the certification to the applicant.
21 Changes in application
(1) If information submitted by an applicant as part of a race track application
changes or becomes inaccurate before the *Corporation acts on the
application, the applicant must immediately notify the *Corporation in
writing of the change or inaccuracy.
(2) After a race track application has been filed, the applicant may not amend
the application except:
(
a) to address a deficiency in accordance with a notice sent to it,
(
b) as required by the *Corporation for clarification of information
contained in the application, or
(
c) to address a change in the circumstances surrounding the application
that was outside the control of the applicant and that affects the ability
of the applicant to comply with the *Act or the rules of the
*Corporation.
(3) To amend an application under subsection (2)(c), an applicant must file with
the *Corporation a written request to amend the application stating:
(
a) the change in the circumstances surrounding the application that
necessitates the amendment;
(
b) the nature of the amendment; and
(
c) the reasons why the amendment is necessary to bring the application
into compliance with the *Act or the rules of the *Corporation.
(4) A request to amend may only be granted if the applicant demonstrates that:
(
a) the circumstances requiring the amendment were outside the control of
the applicant;
(
b) before the change in the circumstances surrounding the application, the
application complied with the pertinent provisions of the *Act or the
rules of the *Corporation; and
(
c) the amendment is necessary to bring the application into compliance
with the pertinent provisions of the Act or the rules of the *Corporation.
22 Exemptions from rules
(1) An applicant may request an exemption from a requirement in this Division
in accordance with this section.
(2) In acting on a request for an exemption under this section, the *Corporation
may require the applicant to:
(
a) state, in writing, the applicant's reason for the request; and
(
b) propose an alternative that substantially satisfies the purpose of the
requirement.
(3) The *Corporation may grant an exemption under this
section if the
*Corporation determines:
(
a) the applicant's alternative proposal substantially satisfies the purpose of
the requirement; or
(
b) the *Corporation determines the exemption is in the best interests of the
racing industry in Alberta.
(4) Unless the *Corporation otherwise requires, an applicant that is an
agricultural society under the Agricultural Societies Act is exempt from the
application requirements of these rules related to ownership and
membership.
Ownership
23 Ownership - name and address
The application documents must include:
(
a) a list of all legal/registered or trade names used by the applicant, and
(
b) the names of the registered agent and the address and telephone number
of the registered office of the applicant for service of process.
24 Ownership - business structure
The application documents must describe the applicant's business structure and
include an organizational chart.
25 Ownership - organizers
If the applicant is not an individual and was organized less than 5 years before the
date on which the application documents are submitted to the *Corporation, the
application documents must state:
(
a) the name of each individual who was a paid organizer or promoter of
the applicant,
(
b) the nature and amount of assets, services, or other consideration
contributed to the applicant by an organizer or promoter of the
applicant, and
(
c) the nature and amount of anything of value given by the applicant to an
organizer or promoter of the applicant.
26 Ownership - organizational documents
The application documents must include:
(
a) a statement of which act the applicant was incorporated under, and
when the applicant was incorporated,
(
b) a copy of the articles of incorporation and bylaws of the applicant,
(
c) a statement and documentation of whether the applicant has been
reorganized or reincorporated during the 5-year period preceding the
date on which the application documents are submitted to the
*Corporation, and
(
d) a statement and documentation of whether the applicant has filed
restated articles of incorporation.
27 Ownership - owners
(1) If the applicant is authorized to issue capital stock, the applicant must state
the classes of stock authorized and the total number of shares of each class
authorized. The applicant must state, for each class of stock:
(
a) the par value, if any,
(
b) the voting rights,
(
c) the current rate of dividend, and
(
d) the number of shares outstanding and the number of shares that are
authorized to be issued.
(2) The application documents must identify.
(
a) each beneficial owner of shares in the applicant that bear voting rights,
absolute or contingent,
(
b) each person that directly or indirectly exercises any participation in the
applicant, and
(
c) any other ownership interest in the applicant that the applicant making
its best effort is able to identify.
(3) The application documents must include a certified copy of each voting trust
or voting agreement in which capital stock is held and must state:
(
a) the name and address of each stockholder participating in the trust or
agreement,
(
b) the class of stock involved, and
(
c) the total number of shares held by the trust or agreement.
(4) The application documents must describe the terms of any proxy by which
capital stock may be voted and must state:
(
a) the name and address of the person holding the proxy,
(
b) the name and address of the stockholder who granted the proxy,
(
c) the class of stock for which the proxy may vote, and
(
d) the total number of shares voted by the proxy.
(5) The application documents must state any provisions for the redemption,
repurchase, retirement, conversion, or exchange of an ownership interest.
Ihe documents must state the procedure by which these provisions may be
modified.
(6) The application documents must state whether the applicant's stock may be
traded through options and whether a stockholder has executed an
agreement or contract to convey any of the stockholder's stock at a future
date. The application documents must include a copy or a description of
each agreement or contract disclosed under this subsection.
28 Ownership - directors, officers, and partners
(1) If the applicant is not an individual, the application documents must include
a list of the individuals who are serving or who are designated to serve,
during the first year after the date the application documents are submitted
to the *Corporation, as a director, officer, partner, or member of the
management committee of the applicant. In the event that such individuals
are engaged in such a capacity thereafter, such applicant shall file annually
on the anniversary date of application, updated information on such
individuals.
(2) The list must state, for each individual listed under subsection (1)
(
a) the individual's name and address,
(
b) each position or office of the applicant held by the individual,
(
c) the individual's principal occupation during the 5-year period preceding
the date on which the application documents are submitted to the
*Corporation, and
(
d) the nature and the extent of any ownership interest that the individual
has in the applicant.
29 Ownership - controlling entity
(1) The application documents must state whether another entity exercises or is
in a position to exercise control in the management or financial affairs of the
applicant. The documents must describe the nature of the relationship
between the entity and the applicant and the extent of control exercised by
the entity.
(2) If a non-individual entity owns an interest of 10 percent or more in the
applicant, the application documents must include the information required
by subsection (
l) of this
section as it relates to the non-individual entity.
(3) The application documents must include information required by subsection
(2) of this
section for each non-individual entity identified in the application
documents to the extent necessary to determine the identity of each
individual who is an indirect holder of an ownership interest in the applicant.
30 Ownership - outside interests
(1) The application documents must state whether the applicant, a director,
officer, or partner of the applicant, or an owner of an interest in the applicant
of 10 percent or more:
(
a) has ever held an ownership interest in a licensee of the *Corporation, or
(
b) is currently engaged in the business of horse racing or gaming in
another jurisdiction.
(2) The applicant must describe the nature of participation stated under
subsection (1).
31 Consultants
The application documents must include a list of all paid consultants used by the
applicant in the development of the application.
32 Background check
(1) The *Corporation may undertake a complete personal, financial, criminal
and business background check of the applicant or any person owning an
interest in or exercising control over a applicant for a race track licence,
including directors, the partners, shareholders, concessionaires, management
personnel, management firms, and creditors.
(2) The application documents must include a statement that irrevocably gives
consent to the *Corporation and to persons authorized by the *Corporation:
(
a) to verify all information provided in the application documents; and
(
b) to conduct background investigations on the applicant and the
applicant's employees.
(3) If the applicant is not an individual, each individual who provides
information under
section 17 (relating to personal information) must execute
a statement required by subsection (2).
(4) An applicant may not pass a background check if any person listed under
subsection (1)
(
a) has within the 5 years before the submission of the application been
convicted of:
(
i) an indictable offence under the Criminal Code (Canada), the
Excise Act (Canada), the Food and Drug Act (Canada) or the
Controlled Drugs and Substances Act (Canada), or
(ii) an offence under another act or regulation, whether foreign or not
that, in the *Corporation's opinion, is substantially similar to an
offence referred to in sub clause (I), or
(
b) has within the 5 years before the submission of the application been
sentenced to serve a term of imprisonment of 3 years or more.
(5) The *Corporation may refuse to issue, renew, or revoke a licence or approve
a concession or management contract if, in the sole discretion of the
*Corporation, the background checks reveal anything which might be
detrimental to the public interest or the racing industry.
Site and Facilities
33 Location
The application documents must include:
(
a) the name of the municipality in which the race track (or *OTB or *TAB
facilities, if applicable) is or is to be located;
(
b) the actual legal description of the race track site;
(
c) the name and address of each person who has held title to the real
property;
(
d) the name and address of each person who holds a mortgage or other
security interest in the real property;
(
e) an aerial photograph of the race track site;
(
f) a photograph of the site from each roadway adjacent to the site; and
(
g) a description of the current commercial and industrial uses for all
property within a half mile area around the race track site.
34 Lease
(1) If an applicant for a race track licence leases or intends to lease the race
track (or *OTB or *TAB facility - if applicable) or race track property
from another person, the application documents must include the
information required by this
section as it relates to the lessor and the lessee.
(2) The application documents must include a copy of the lease agreement and
every other agreement or contract between the lessor and lessee.
(3) The *Corporation may not grant a licence to a person applying under this
section if the *Corporation determines that:
(
a) the lessor would not be qualified to be issued a licence;
(
b) the lease is a subterfuge to avoid compliance with the *Act or a rule of
the *Corporation; or
(
c) the lease is of insufficient length to ensure stability of operations.
35 Improvements
(1) The application documents must describe the applicable zoning designation
for the race track site (or *OTB or *TAB facility) and any special use
permits required for the race track site.
(2) The application documents must provide a capital development/upgrading
schedule (if applicable).
(3) In addition, the applicant must provide copies of the above permits or the
documents must describe the procedure by which the applicant must obtain
the permit, all conditions likely to be placed on the permit, and the estimated
date on which the applicant will obtain the permit.
36 Architect's plan
(1) This
section applies to new race tracks or current race tracks with significant
proposed facility upgrades.
(2) The application documents must include layout drawings of the race track
facility which show the race track or the proposed race track including
drawings of sufficient detail to illustrate the facilities and equipment
specified under sections 37-39.
(3) The drawings must be drawn to scale and must show the measurements of
all areas, including barns and stalls.
(4) For a new race track, the application documents must include a description
of the experience of the architect who designed the proposed facility and a
statement of the number of race tracks the architect has visited and designed.
37 Track safety
(1) Track Dimensions:
The application documents must state the dimensions and specifications of
each track to be provided on the applicants' grounds, including:
(
a) the total length;
(
b) the width;
(
c) the banking, with a description of the method of transition into and out
of turns;
(
d) the radius of each turn and the length of each stretch and chute;
(
e) the type of inside and outside rail (including materials used);
(
f) the composition and depth of the base, subsurface, and cushion of the
track with a schematic drawing of the racing surface;
(
g) the drainage system for the racing surface;
(
h) the location and design of the video towers;
(
i) the location and design of TV camera placement and sound towers;
(
j) the location and method of closing gaps in the rail;
(
k) the location and design of the tote board;
(
l) the location of lighting for the race track;
(
m) the type of turf for a turf race track; and
(
n) the method by which the track will be winterized.
(2) The application documents must describe the racing surface maintenance
plan for all seasons and the necessary maintenance equipment, including
equipment to water and care for the race track.
(3) The application must provide the information required by this
section in
sufficient detail to demonstrate the applicant's ability to operate and
maintain a race track.
(4) Starting Gates & Distance Markers
(
a) During racing hours, an association shall provide an operable padded
starting gate, which has been approved by the *Corporation.
(
b) An association shall make at least one starting gate and qualified
starting gate personnel available for schooling during designated
training hours.
(
c) An association shall provide starting point markers and distance poles
in a size and position that is clearly seen from the stewards' stand.
(
d) The starting point markers and distance poles must be marked as
follows:
1/4 poles - Red and white horizontal stripes
1/8 poles - Green and white horizontal stripes
1/16 poles - Black and white horizontal stripes
220 yards - Green and white
250 yards - Blue
300 yards - Yellow
330 yards - Black and white
350 yards - Red
400 yards - Black
440 yards - Red and white
550 yards - Black and white horizontal stripes
660 yards - Green and white horizontal stripes
770 yards - Black and white horizontal stripes
870 yards - Blue and white horizontal stripes
(5) Racetrack:
(
a) The surface of a race track, including the cushion, subsurface and base,
must be designed, constructed and maintained to provide for the safety
of the jockeys and horses.
(
b) Prior to the first race meeting at an association race track, a licensed
surveyor shall provide to the *Corporation a certified report of the
grade and measurement of the distances to be run.
(
i) If any material change occurs to the rail placement, race track
configuration, race track elevations or any other change deemed
material where the running circumference of the track may be
altered, the association shall have the track re-surveyed and the
new survey submitted to the *Corporation.
(ii)
Section (
a) above is in addition to the requirement by the American
Quarter Horse Association (AQHA) that requires a survey at
regular intervals to comply with AQHA standards.
(
c) Distances to be run shall be measured from the starting line at a
distance three feet out from the inside rail.
(
d) The surveyor's report must be approved by the *Corporation prior to
the first race day of the meeting.
(
e) An association shall provide an adequate drainage system for the race
track.
(
f) An association shall provide adequate equipment and personnel to
maintain the track surface in a safe training and racing condition. The
association shall provide back-up equipment for maintaining the track
surface.
(
g) The top of the rail on dirt and turf courses must be at least 38 inches but
not more than 50 inches above the top of the cushion. The inside rail
posts shall have a gooseneck shape of no less than 15 inches with a
maximum of 24 inches, measured horizontally from the trackside of the
gooseneck post to a point directly below the front edge of the trackside
rail; the inside rail overhang shall have a continuous, smooth cover. The
outside rail shares the same height as the inside rail and must have a
minimum of a 12 inch and a maximum of 18-inch gooseneck shape.
(
h) All rails for dirt and turf courses must be constructed of materials
designed to withstand the impact of a horse running at a gallop.
(
i) The licensee shall provide backup equipment for maintaining the track
surface.
(
j) A licensee that conducts races on a turf track shall maintain an adequate
stockpile of growing medium and provide a system capable of
adequately watering the entire turf course evenly.
(6) Lighting:
(
a) An association conducting night racing shall provide lighting for the
racetrack and the patron facilities that is adequate to ensure the safety
and security of the patrons, licensees and horses. Lighting to ensure the
proper operation of the videotape and photo finish equipment must be
approved by the *Corporation.
(
b) An association shall provide adequate additional lighting in the stable
area as required by the *Corporation.
(
c) If an association conducts racing at night, the association shall maintain
a back-up lighting system that is sufficient to ensure the safety of race
participants and patrons.
(7) Equine Ambulance:
(
a) An association shall provide an equine ambulance staffed by trained
personnel on association grounds on each day that the race track is open
for racing or training.
(
b) The ambulance must be properly ventilated and kept at an entrance to
the racing strip when not in use.
(
c) The ambulance must be a covered vehicle that is low to the ground and
large enough to accommodate a horse in distress. The ambulance must
be able to navigate on the race track during all weather conditions and
transport a horse off the association grounds.
(
d) The ambulance must be equipped with large, portable screens to shield
a horse from public view, ramps to facilitate loading a horse, adequate
means of loading a horse that is down, a rear door and an additional
side door, and should endeavour to provide a padded interior, a
movable partition to initially provide more room to load a horse and to
later restrict a horse's movement, a shielded area for the person who is
attending to the horse.
(
e) An association may not conduct a race unless an equine ambulance or
an official veterinarian-approved substitute is readily available.
(
f) The equine ambulance, its supplies and attendants and the operating
procedures for the equine ambulance must be approved by the official
veterinarian.
(8) Human Ambulance:
(
a) A racetrack shall provide a properly staffed and equipped Advanced
Life Support ambulance and advanced care paramedic(
s) in accordance
with the Alberta Occupational Health and Safety Act during racing
hours (all racing). If the ambulance is being used to transport an
individual from the racing surface or attending to a patient, the
racetrack may not conduct a race, or allow horses on the racetrack until
the ambulance is replaced or available for service.
(
b) Race tracks shall ensure the Advanced Life Support ambulance staff
have been trained in concussion management. Any Jockey/driver who
falls or is thrown from a horse during a race must be examined by the
Advanced Life Support staff. Advanced Life Support staff shall report
their findings to the board of stewards/judges, who will determine if the
driver/jockey may continue riding.
(
c) Unless otherwise approved by the *Corporation or the stewards, an
ambulance shall follow the field at a safe distance during the running of
races.
(
d) The ambulance must be parked at an entrance to the racing strip except
when the ambulance is being used to transport an individual or when it
is following the field during the running of a race.
(9) Barns:
(
a) An association shall provide barns containing a sufficient number of
stalls to accommodate all horses approved to race and all other horses
approved to be on the grounds. The association's stable area
configuration and facilities must be approved by the *Corporation.
(
b) An association shall ensure that the barns are kept clean and in good
repair. Each barn, including the receiving barn, must have a hot and
cold water supply available, be well ventilated, have proper drainage
and be constructed to be comfortable in all seasons.
(
c) An association shall ensure that each horse is stabled in an individual
box stall with minimum dimensions of 10 by 10 feet.
(
d) An association shall provide an adequate area for the placement of
manure removed from the stalls. All manure must be removed from the
stable area daily. The association shall ensure that refuse from the stalls
and other refuse are kept separate.
(10) Test Barns:
(
a) An association shall provide a test barn for taking specimens of urine,
blood or other bodily substances or tissues for testing.
(
b) The test barn must be equipped with a walk ring that is large enough to
accommodate multiple horses and readily visible for supervision by test
barn staff, enclosed stalls that permit observation of the collection
process and provide for the protection of collection personnel, facilities
and equipment for the collection, identification and storage of samples,
a wash rack that is large enough to accommodate multiple horses at the
same time, hot and cold running water; and clean water buckets for
each horse.
(
c) An association shall limit access to the test barn to persons authorized
by the official veterinarian. All entrances shall be locked or guarded at
all times.
(11) Paddock - See
Section 39(
d) of this Section
(12) Emergency Track Warning System:
(
a) All tracks shall have a method of emergency track warning system on
all racing and training tracks.
(
b) The emergency warning system shall consist of a system that notifies
all people utilizing the racetrack, and where applicable, on main horse
paths and entrances (gaps) that are used during morning exercising by
horsemen to enter the training surface.
(13) During Workouts and Training:
(
a) During workouts, both lights and sirens shall be used simultaneously.
When a warning system is activated, those working, galloping, or
ponying horses shall slow down and no one on horseback shall enter the
affected track.
(
b) During training, lights and sirens shall both be used to signal a lightning
delay and that all participants should exit to shelter. Once the course is
cleared, lights should remain on until the track is reopened after 30
minutes from the last lightning strike within an 8-mile radius of the
facility.
38 Public areas
(1) The application documents must state the specifications for areas of the race
track site (and off site areas - if applicable) to which the public will have
access and include a description of the configuration and location of:
(
a) the grandstand (external site and internal area);
(
b) the total number of seats, broken down to designate the indoor and
outdoor seats and the reserved and non-reserved seats;
(
c) television monitors available for viewing by patrons;
(
d) the pari-mutuel facility;
(
e) the concession areas;
(
f) the restrooms;
(
g) parking;
(
h) special clubs or other facilities for certain patrons, owners, horsemen;
(
i) other features or adjoins that are non-racing in nature;
(
j) the smoking and non-smoking areas;
(
k) the turnstiles or the method for counting patrons;
(
l) the fencing around the grandstand;
(
m) any plans for green space landscaping or around the race track site and;
(
n) details on any proposed use of the infield area.
(2) The application documents must describe the applicant's plans for
maintaining and cleaning the public areas of the race track.
(3) The applications documents must provide the information required by this
section in sufficient detail to demonstrate the applicant's ability to operate
and maintain its public areas.
(4) The application documents must state the maximum capacity of the
facilities, and include the area or areas in square feet of the grandstand
makeup.
(5) An association shall ensure that the public areas of the association grounds
are designed and maintained for the comfort and safety of the patrons and
licensees and are accessible to all persons with disabilities.
(6) An association shall maintain all facilities on association grounds to always
ensure the safety and cleanliness of the facilities.
39 Facilities for animals and personnel
(1) The application documents must describe:
(
a) the facilities for housing horses, both on site and off-site auxiliary
facilities, for example, all weather barns with sufficient stalls for the
horse supply as well as appropriate ventilation, tack room, hot walking
area, lighting, and other beneficial facilities;
(
b) the facilities for housing personnel, for example, the nature and type of
accommodation;
(
c) the facilities for obtaining specimens for testing animals and humans
for drugs;
(
d) the pre-race holding area and paddock;
(
i) Thoroughbred/Quarter Horse
(
A) There shall be as many saddling stalls available as there are
positions in the starting gate. In addition, there shall be two
stalls available for outriding horses.
(
B) Saddling stalls must be 10 feet by 10 feet and with padded or
rounded corners to prevent injury to horses and humans when
saddling.
(
C) There should be an office or a designated area to manage the
duties of the paddock judge.
(ii) Standardbred
(
A) There should be a minimum of a two-race paddock with
enough stalls to accommodate the same number of horses as
there are positions on the starting gate.
(
B) There should be an office or a designated area to manage the
duties of the paddock judge.
(
e) the facilities for owners, trainers, and other race track personnel;
(
f) the lounge area and other recreational facilities for race track personnel;
(
g) the smoking and non-smoking areas;
(
h) the facilities for jockeys and drivers (male and female);
(
i) Jockeys' Room
(
A) The facility should be large enough to accommodate the
number of jockeys competing on the race day. This includes
lockers with lockable storage for every jockey.
(
B) There shall be one private room or office for use by the
*Corporation or designee to conduct breathalyzer and other
bio testing methods for detecting prohibited substances.
(
C) There shall be a separate dressing room for male and female
jockeys. Each room shall have a scale for checking weight.
(
D) There shall be separate bathroom and shower facility for male
and female jockeys with enough toilet stalls and urinals to
comply with jurisdictional building code requirements for
expected occupancy levels.
(
E) A sanitary steam sauna is recommended or an approved
alternative that allows jockeys to sweat off (pull) weight prior
to racing. The steam sauna should be in the vicinity of the
showers so that riders can cool themselves between times in
the steam sauna.
(
F) There shall be a room with bunkbeds so that jockeys may rest
before and during the races.
(
G) In addition, the facility shall include:
(
I) A storage method for racing silks .
(II) A washer and dryer in number and size to launder items
of daily use such as girth sponges, racing silks, saddle
towels.
(III) Work tables of suitable length and width to assemble tack
and allow the racing valets the proper work space.
(ii) Drivers' Room
(
A) The facility should be large enough to accommodate the
number of drivers competing at the race meeting. This
includes lockers with lockable storage for every driver.
(
B) There shall be a separate dressing room for male and female
drivers.
(
C) There shall be separate bathroom and shower facilities for
male and female drivers with enough toilet stalls and urinals
to comply with jurisdictional building code requirements for
expected occupancy levels.
(
i) the stand for the racing judges or stewards and the office and work
areas for representatives of the *Corporation;
(
j) the facilities for the race track's Race Secretary and the bookkeeper;
(
k) the size and composition of the planned path for horses from the stable
to the pre-race holding area, paddock, race track, and test barn;
(
l) the areas and equipment in and around the stable area where horses may
be cooled out or leisurely exercised, such as gallops, grass paddocks,
pastures, wood chip trails, or electric walkers;
(
m) the barn and stable area and its ventilation system;
(
n) the process for waste removal;
(
o) equine care facilities;
(
p) child care facilities for the patrons or the licensees, if provided.
(2) The application documents must describe the applicant's plans for
maintaining and cleaning the facilities that are provided for animals and
personnel.
(3) The application documents must provide the information required by this
section in sufficient detail to demonstrate the applicant's ability to operate
and maintain the facilities for animals and personnel.
(4) An association shall provide adequate office space for the use of the
stewards/judges and other *Corporation personnel as required by the
*Corporation. The location and size of the office space, furnishings and
equipment required under this
section must be approved by the
*Corporation.
40 Racing equipment
(1) The application documents must describe the equipment used or to be used
in conducting races, including the starting gate or car and the timing, photo
finish, track maintenance, and videotape equipment.
(2) The application documents must describe the equipment used or to be used
in conducting races in sufficient detail to show compliance with the *CPMA
permit requirements and any additional requirements under the *Corporation
rules.
Safety and Security
41 Safety, security and documentation
(
a) The application documents must include detailed plans that provide for
the safety, security and first aid of the patrons, the racehorses, licensees
and race track personnel.
(
b) An association shall have on file with Horse Racing Alberta a copy of
the actual policy and post in the jockeys' quarters a
summary of the
association's insurance coverage for jockeys who are injured while on
the grounds of the association and shall, upon the request of any
licensed jockey who is participating in the race meeting, provide a copy
of the policy of such insurance. Such a request shall be made in writing
to a racing official designated by the association in the notice to
respond to such requests.
(
c) In the event that the insurance policy is changed during the race
meeting, the association shall promptly notify Horse Racing Alberta
and post a notice of any such changes.
42 Animal health and safety
(1) The application document must describe the methods the applicant currently
or proposes to use to minimize the risk of injury or breakdown to race horses
and provide the best conditions for their safety and health.
(2) The application documents should describe the applicant's plans (if any) for
alleviating stress in racehorses.
(3) The application documents should describe the applicant's plans (if any) for
enhancing sports medicine research in Alberta through the reporting and
review of data on injuries and accidents in racehorses.
(4) The application documents should describe the applicant's public relations
strategy and plans for dealing with public concerns relating to the humane
treatment of racehorses at their facility.
43 Security for facilities
(1) The safety and security plans must describe the security equipment, such as
fences, locks, alarms, and monitoring equipment, for the race track facilities,
including:
(
a) the perimeter;
(
b) the stables;
(
c) the paddock;
(
d) the pre-race holding area and test barn; and
(
e) the parking lot.
(2) The plans must describe the security procedures to be used:
(
a) to admit individuals to restricted areas of the race track; and
(
b) to expel and exclude an individual from the race track.
44 Security personnel
(1) The safety and security plans must describe the security personnel at the
race track.
(2) An association conducting a race meeting shall maintain security controls
over its grounds. Security controls are subject to the approval of Horse
Racing Alberta.
(3) An association may establish a system or method of issuing credentials or
passes to restrict access to its restricted areas or to ensure that all participants
at its race meeting are licensed as required by these rules.
(4) An association shall prevent access to and shall remove or cause to be
removed from its restricted areas any person who is unlicensed, or who has
not been issued a visitor's pass or other identifying credential, or whose
presence in such restricted area is unauthorized.
(5) Unless otherwise authorized by Horse Racing Alberta, an association shall
provide:
(
i) continuous security in the stable area during all times that horses
are stabled on the grounds. An association shall require any person
entering the stable area to display valid credentials issued by Horse
Racing Alberta or a visitor's pass issued by the association. A
written record of all individuals admitted to the stable area between
the hours of 12:00 midnight and 5:00 a.m. shall be maintained. At
a minimum this record shall contain the name of the person
admitted, the person's license number and the time admitted. An
association shall provide security fencing around the stable area in
a manner that is approved by Horse Racing Alberta.
(6) On request by Horse Racing Alberta, an association shall provide a list of
the security personnel, including the name, qualifications, training, duties
duty station and area supervised by each employee.
(7) Each day, the chief of security for an association shall deliver a written
report to the stewards regarding occurrences on association grounds on the
previous day. Not later than 24 hours after an incident occurs requiring the
attention of security personnel, the chief of security shall deliver to the
stewards a written report describing the incident. The report must include
the name of each individual involved in the incident, the circumstances of
the incident and any recommended charges against each individual involved.
(8) Racing associations shall develop comprehensive training programs that
enable backstretch security personnel to expand their knowledge and
abilities in policing and securing the stable area.
(9) Associations should support and participate in available security training
opportunities, such as those provided by the Thoroughbred Racing
Protective Bureau (TRPB) and the Organization of Racing Investigators.
These programs should promote use of "best practices" to secure horses on
race day.
Financing
45 Financial information
(1) The application documents must include audited financial statements for the
applicant for each of the 3 fiscal years preceding the date of the application
(where applicable).
(2) If the applicant has been organized less than 3 years, the application
documents must include the audited financial statements for each fiscal year
that the applicant has been organized.
(3) The application documents must include a business plan for the applicant.
46 Loans
(1) The application documents must disclose details of any loan made by the
applicant that exceeds 1% of the applicant's net income for the year in
which the loan was made.
(2) The document must:
(
a) state the name and address of the borrower;
(
b) state the amount of the loan;
(
c) describe the terms of repayment of the loan; and
(
d) include a copy of each document executed with respect to the loan.
47 Debt
(1) The application documents must describe any lien that encumbers 1% or
more of the applicant's assets or 1% or more of the assets of a person with
an ownership interest in the applicant of 25% or more.
(2) For each lien, the documents must:
(
a) state the name and address of the lender or secured party;
(
b) state the amount of the indebtedness;
(
c) describe the terms of the lien; and
(
d) include a copy of each document executed with respect to the lien.
48 Budget
(1) This
section applies to new race tracks or current race tracks with significant
proposed facility upgrades.
(2) The application documents must describe the costs of construction or capital
improvement of the race track facilities.
(3) The documents must state whether each item is an actual cost or a
projection, and must include costs of:
(
a) architectural and engineering services;
(
b) land acquisition;
(
c) site development;
(
d) facility construction;
(
e) equipment acquisition;
(
f) capitalized interest;
(
g) loan placement fees and other guarantee fees;
(
h) any other financing costs relating to construction;
(
i) administrative services relating to construction;
(
j) legal services relating to construction; and
(
k) other areas relating to construction, providing details of any costs
exceeding 5% of the total cost of construction.
(4) For new race tracks the application documents must describe the costs of
operating the race track before the first day of racing, including the costs of:
(
a) marketing (including advertising and promotion);
(
b) application development;
(
c) application fees;
(
d) licensing fees;
(
e) management, administrative, and other salaries;
(
f) interest and other financing costs not relating to construction; and
(
g) other areas relating to operations, providing details of any costs
exceeding 5% of the total costs.
49 Funding
(1) This
section applies to new race tracks or current race tracks with significant
proposed facility upgrades.
(2) The application documents must state each source of funds for the operation
or construction, or both, of capital improvements of the race track.
(3) The documents must state:
(
a) each source of equity contribution, the amount of contribution, and the
terms of any commitment from that source;
(
b) each source of debt contribution, the amount of the contribution, and
the terms of any commitment from that source; and
(
c) the basis for valuing non-cash contributions.
(4) The application documents must include documents from which the
*Corporation can conclude that financing for the race track is reasonably
assured for the period that the race track will be licensed.
(5) The application documents must describe alternate sources of funds for
unexpected occurrences, such as cost overruns, non-receipt of equity or debt
funds, or overestimated revenues.
(6) For new race tracks, the application documents must state the amount of
working capital the applicant intends to have available for the first six weeks
of race track operations, including funds for the payment of expenses for
officials and purses.
(7) The application documents must state any special financing circumstance.
50 Financial projections
(1) The application documents must include financial projections regarding the
operation of the race track and pari-mutuel wagering for each of the
subsequent 5 years of racing operations following the granting of a race
track licence.
(2) The financial projections must include forecasts of revenues and expenses
and changes in capital accounts and cash flows.
(3) The application documents must include a projected balance sheet to
document the financial forecasts for each year for which financial
projections are made.
(4) The projected balance sheet must state the assets, liabilities, and amount of
capital of the applicant, based on variables such as:
(
a) average daily attendance;
(
b) average daily *handle;
(
c) average per capita wager;
(
d) average number of admissions, including ticket price and free
admission;
(
e) the proposed shares for the applicant and the horsemen from the
pari-mutuel handle;
(
f) the proposed shares for the applicant and the horsemen from revenue
generated on site per other activities that are not necessarily horse
racing, for example, by sponsorships;
(
g) purse schedules;
(
h) uncashed ticket revenue;
(
i) payroll (including management);
(
j) taxes;
(
k) cost of interest;
(
l) cost of insurance, legal, and accounting services;
(
m) cost of operating supplies and services;
(
n) cost of utilities;
(
o) cost of maintenance and repairs;
(
p) cost of totalizator services and pari-mutuel operations;
(
q) marketing expenses (including advertising and promotion);
(
r) travel expenses; and
(
s) equipment depreciation.
(5) The financial projections must be presented in accordance with generally
accepted accounting principles.
(6) For new race tracks, the application documents must describe the criteria
that were used to select the comparable race tracks for purposes of
determining the information supplied in subsection (3).
(7) The application documents must include a projection of break-even
operations prepared on the basis of cash flow from operations after debt
service prepared by using the same number of race days, per capita *handle,
and other assumptions used in the financial projections and must express
break-even in terms of handle or attendance per race day, or both.
51 Out-of-province distributions
The application documents must state the amount of money that will be paid by the
applicant, during each of the subsequent 5 years of licensed operation, to entities
located outside Alberta as:
(
a) payments or profit or other distributions to investors residing outside of
Alberta;
(
b) interest on debt with lenders located outside Alberta;
(
c) payment for supplies purchased from or services rendered by entities
based outside Alberta other than the management company;
(
d) payments to the management company as reimbursements for expenses
or as payment for services;
(
e) rent for facilities or equipment owned by entities based outside Alberta;
and
(
f) any other payments to out-of-province entities.
Operations and Marketing
52 Race meetings
(1) The application documents must describe the type of race meetings the
applicant plans to conduct each year, including:
(
a) the number and type (by breed) of live race meetings and the number of
live race days per week, and
(
b) the number and type (by breed) of *simulcast race meetings and the
number of simulcast race days per week.
(2) For each race meeting described, the documents must indicate the time of
day the races will be conducted and the approximate number of races per
breed to be offered.
53 Time
schedule
(1) This
section applies to new race tracks only or current race tracks with
significant proposed facility upgrades.
(2) The application documents must describe the time
schedule proposed by the
applicant for preparing the race track for racing.
(3) For a new race track or an existing race track that is implementing capital
improvements, the time
schedule must state the estimated number of weeks,
after the date the *Corporation grants the licence, that the race track will
open and when each of the following tasks will begin and end:
(
a) acquiring land;
(
b) soliciting bids;
(
c) awarding construction contracts;
(
d) construction;
(
e) hiring management personnel;
(
f) implementing marketing plan; and
(
g) staffing and training staff.
54 Management
(1) The application documents must include a list of the individuals who are or
will be senior decision makers or management personnel, or both,
responsible for the operation of the race track.
(2) For each individual listed, the documents must:
(
a) include all information and required documents from
section 17(2),
17(3), 32(2), and 32(3) of these rules (relating to personal information
and background check);
(
b) state the individual's experience and qualifications in:
(
i) the racing industry, including pari-mutuel operations;
(ii) general business;
(iii) finance and accounting; and
(iv) security.
(3) The application documents must include an organizational chart of the
management personnel.
(4) For each individual who is currently filling or who has been hired to fill a
key management position, the documents must include a biography that
states the total number of years experience the individual has in:
(
a) pari-mutuel racing;
(
b) non-pari-mutuel racing;
(
c) other businesses relevant to the management position; and
(
d) the proposed percentage of ownership, if any.
(5) If the applicant contracts or intends to contract with a person or management
company to manage the race track, the application documents must include:
(
a) a copy of the written contract;
(
b) a description of the person or company's previous experience operating
a pari-mutuel race track; and
(
c) all the information required by this
section as it pertains to the person or
company and its employees.
55 Marketing
The application documents must describe in detail the applicant's plan for the
marketing, promotion and advertising of horse racing, special events and of their
grandstand/race track facility.
56 Concessions
The application documents must describe the applicant's plan for concessions,
including food, beverages, and merchandise/promotional products.
57 Pari-mutuel operations
(1) The application documents must describe the applicant's pari-mutuel
facilities and operations, including a description of the totalizator equipment
being used or proposed to be used.
(2) The application documents must describe the pari-mutuel facilities and
totalizator equipment in sufficient detail to show compliance with
*Canadian Pari-Mutuel Agency permit requirements or provide the
*Corporation with a copy of the permit.
Impact of Facility
58 Economic impact information and projections
The application documents should include projections of the economic impact of the
race track, including the impact on:
(
a) employment;
(
b) the sale of goods and services;
(
c) tourism;
(
d) tax revenues; and
(
e) public and private investments.
59 Impact on breeding industry
The application documents should describe the applicant's current or future plans, or
both, to encourage the growth of the horse breeding industry in Alberta.
Part 4
RACE TRACK LICENSEE'S RESPONSIBILITIES
60 General
(1) Every race track licence is granted upon the condition that the licence holder
accepts, will observe and will enforce the rules and directives of the
*Corporation, and it is the duty of each officer, director and employee of the
licence holder to observe and enforce the rules and directives.
(2) All applications are to be signed and verified by statutory declaration.
(3) In the event that control, whether majority or less of the capital stock, of any
*Corporation holding a race track licence from the *Corporation is to be
conveyed, no sale or conveyance takes effect until approval in writing is
obtained from the *Corporation.
(4) In addition to the following rules in
Part 4, the Race Track Licensee shall be
continuously responsible for all of the items referenced in
Part 3, including
but not limited to sections 37 and 39 through 44.
(5) Prior to each race meeting, the Licensee and *Corporation staff member(
s) or designee shall conduct a thorough inspection of the racing facility
including but not limited to:
(
a) race track surface testing
(
b) track and barn maintenance equipment
(
c) barns/stall/stabling
(
d) tote board or equivalent
(
e) track lighting including safety lighting
(
f) starting gates
(
g) horse and human ambulance
(
h) paddock, driver and jockeys areas
(
i) All items listed in
Section 65 of these rules
(
j) accident, evacuation and crisis mitigation plan in conjunction with and
approved by the *Corporation
(
i) The plan shall be compiled and accessible in a binder or other
approved means and available in conspicuous places as well as
distributed to all stakeholders;
(ii) The Licensee shall
schedule a practice drill prior to the
commencement of each race meeting
(
k) Any other areas not listed that are a function of the day-to-day race
track operation
(6) All deficiencies will be documented with a copy provided to the Licensee as
part of an annual race track operator health and safety inspection. Per
Part 2,
Section 10, Paragraph 4 of these rules, the licensee shall have the period of
time allotted in the notice (such period to be no longer than 30 days), to
remedy the default or explain how that default will be addressed, failing
which the *Corporation may:
(
a) impose a fine, to a maximum of $100,000 (See
Schedule 4), or other
penalty, upon the licensee;
(
b) suspend the licence for such time as the *Corporation deems
appropriate, including an allotted time in which to remedy the default;
(
c) cancel the licence.
(7) The Licensee shall provide the *Corporation with read-only access to non-
proprietary racing information through the third party contactors utilized by
the Licensee. The information includes the number of races, types of races
run and starters, purses paid, jockey and trainer standings. Any additional
information must be agreed to between the Licensee and the *Corporation.
(8) Equine Ambulance:
(
a) An association shall provide an equine ambulance staffed by trained
personnel on association grounds on each day that the race track is open
for racing or training.
(
b) The ambulance must be properly ventilated and kept at an entrance to
the racing strip when not in use.
(
c) The ambulance must be a covered vehicle that is low to the ground and
large enough to accommodate a horse in distress. The ambulance must
be able to navigate on the racetrack during all weather conditions and
transport a horse off the association grounds.
(
d) The ambulance must be equipped with large, portable screens to shield
a horse from public view, ramps to facilitate loading a horse, adequate
means of loading a horse that is down, a rear door and a door on each
side, a padded interior, a movable partition to initially provide more
room to load a horse and to later restrict a horse's movement, a shielded
area for the person who is attending to the horse, and an adequate area
for the storage of water and veterinary drugs and equipment.
(
e) An association may not conduct a race unless an equine ambulance or
an official veterinarian-approved substitute is readily available.
(
f) The equine ambulance, its supplies and attendants and the operating
procedures for the equine ambulance must be approved by the official
veterinarian.
(9) Human Ambulance:
(
a) A race track shall provide a properly staffed and equipped Advanced
Life Support ambulance and advanced care paramedic(
s) in accordance
with the Alberta Occupational Health and Safety Act during training
(thoroughbred racing) and racing hours (all racing). If the ambulance is
being used to transport an individual from the racing surface or
attending to a patient, the race track may not conduct a race, or allow
horses with riders/drivers on the racetrack, until the ambulance is
replaced or available for service.
(
b) Race tracks shall ensure the Advanced Life Support ambulance staff
have been trained in concussion management. Any jockey/driver who
falls or is thrown from a horse during a race must be examined by the
Advanced Life Support staff. Advanced Life Support staff shall report
their findings to the board of stewards/judges who will determine if the
Jockey may continue riding.
(
c) Unless otherwise approved by the *Corporation or the stewards/judges,
an ambulance shall follow the field at a safe distance during the running
of races.
(
d) The ambulance must be parked at an entrance to the racing strip except
when the ambulance is being used to transport an individual or when it
is following the field during the running of a race.
61 Annual financial report
Licensees shall submit to the *Corporation an annual financial report, prepared in
accordance with generally accepted accounting principles, which shall include:
(
a) all information required under
section 12 of these rules;
(
b) report of independent auditors:
(
c) a statement pertaining to the licensee's activities in the province;
(
d) a listing of concession and management companies having any
beneficial interest in the racing activities of the licensee;
(
e) number of performances by number of race cards and by number of
races by breed;
(
f) attendance;
(
g) total pari-mutuel *handle;
(
h) amount of uncashed tickets;
(
i) purses paid - indicating sources;
(
j) corporate sponsorships - indicating sources and funding amounts;
(
k) expenses related to racing operations;
(
l) total