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S.M. 2021, c. 7
Bill 31, 3rd Session, 42nd Legislature
The Horse Racing Regulatory Modernization Act (Liquor, Gaming and Cannabis Control Act and Pari-Mutuel Levy Act Amended)
This note was written as a reader's aid to the Bill and is not part of the law.
This Bill amends The Liquor, Gaming and Cannabis Control Act to transfer responsibility for the regulation of all types of horse racing in Manitoba to the Liquor, Gaming and Cannabis Authority of Manitoba ("the Authority").
The Authority is responsible for establishing rules governing horse racing. Stewards, judges, veterinarians and other officials employed or retained by the Authority organize and oversee the conduct of horse racing. These officials examine race horses and conduct inspections of jockeys, drivers and other racing participants to ensure the rules of racing are followed. A formal process is established for reviewing decisions made under the rules of racing.
Racing participants and the operators of horse race tracks and betting theatres must be licensed by the Authority.
A number of amendments are made to The Pari-Mutuel Levy Act. A licensed race track operator is allowed to conduct pari-mutuel betting on horse races held at their race track. The operator must pay a levy from each wager made on a horse race. The levies are used to promote and support horse racing across Manitoba. Inspectors under The Liquor, Gaming and Cannabis Control Act will enforce The Pari-Mutuel Levy Act.
The Horse Racing Commission Act is repealed, and a consequential amendment is made to The Agricultural Societies Act.
(Assented to May 12, 2021)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE LIQUOR, GAMING AND CANNABIS CONTROL ACT
Subsection 1(1) is amended by adding the following definition:
Section 2 is amended by striking out "and" at the end of clause (b), adding "and" at the end of clause (c) and adding the following after clause (c):
The following is added after subsection 8(2.1):
The authority has the following duties in respect of horse racing:
(a) to regulate horse racing and persons who are involved in horse racing;
The following is added after section 101.27:
The following definitions apply in this Part.
"betting theatre" means a facility that is not located at a horse race track and in which pari-mutuel betting on horse racing may take place. (« salle de paris »)
"horse race track" means the grounds on which any form of horse racing is carried on, and includes any associated buildings and facilities located on or near those grounds. (« hippodrome »)
"race administration official" means a person employed or retained by the authority under section 101.40 or 101.41. (« commissaire de course »)
"race horse" means a horse of any breed that is owned or maintained for the purpose of running in a horse race. (« cheval de course »)
"racing participant" means
(a) a jockey or driver;
(b) a race horse trainer;
(c) a race horse owner; and
(d) any other person performing a prescribed role or carrying out a prescribed activity in a horse race or at a horse race track. (« participant aux courses »)
"review adjudicator" means the person appointed as the review adjudicator under section 101.35, and includes a deputy review adjudicator conducting a review. (« arbitre »)
"rules of racing" means the rules of horse racing made under section 101.32. (« règles de courses »)
A person must not operate a horse race track unless the person holds a horse race track operator licence issued by the executive director.
A person must not act as a racing participant unless the person holds a licence issued by the executive director that authorizes the person to perform the role or carry out the activity authorized by the licence.
A person must not operate a betting theatre unless the person holds a betting theatre licence issued by the executive director.
A betting theatre licence authorizes the holder to operate betting theatres at one or more locations specified by the executive director.
RULES OF RACING
The executive director may make rules governing the organization and conduct of horse racing.
The executive director may make different rules for different types of horse racing.
The rules of racing may adopt by reference, in whole or in part, with such changes as the executive director considers necessary, rules and procedures made by horse racing associations or other bodies.
The authority must make the rules of racing accessible to the public.
If there is a conflict or inconsistency between the rules of racing and this Act, this Act prevails.
The rules of racing are not regulations within the meaning of The Statutes and Regulations Act.
Under the rules of racing, the executive director may delegate to specified race administration officials, horse racing associations or other bodies, employees of a horse race track operator or other persons one or more of the following powers and functions:
(a) specified functions respecting the organization and conduct of horse racing;
(b) the power to enforce the rules of racing;
(c) the power to fix, impose and enforce or collect penalties for a contravention of the rules of racing.
A racing participant and a horse race track operator must comply with all applicable rules of racing.
REVIEW OF DECISIONS
The executive director may appoint a person as review adjudicator for a term not exceeding three years.
The review adjudicator is responsible for conducting reviews of decisions made under the rules of racing.
The executive director may appoint one or more persons as a deputy review adjudicator for a term not exceeding three years.
A deputy review adjudicator may conduct a review of a decision made under the rules of racing if the review adjudicator is absent or unable to conduct the review.
A person who is directly affected by a decision made under the rules of racing may apply for a review of the decision by the review adjudicator, if the rules allow for a review of that decision.
An application for review of a decision must be made in accordance with requirements set out in the rules of racing.
Subject to the regulations, the review adjudicator may determine the practice and procedure on a review of a decision made under the rules of racing.
After conducting a review, the review adjudicator may, by written decision,
(a) confirm, vary or rescind the decision under review; or
(b) make any decision that could have been made in the first instance.
The review adjudicator must give written reasons for their decision.
The decision of the review adjudicator is final and not subject to appeal.
RACE ADMINISTRATION OFFICIALS
The authority may employ or retain stewards, judges and other persons to perform such duties in relation to the organization and conduct of horse racing as may be directed by the authority.
The authority may employ or retain veterinarians to monitor and provide services to ensure the health, safety and welfare of race horses.
The authority must provide race administration officials with identification.
A race administration official exercising a power under this Act or the rules of racing must produce identification upon request.
A race administration official may enter and inspect
(a) any part of a horse race track and any stables, premises or conveyances operated in conjunction with a horse race track; and
(b) the offices or premises of a horse race track operator.
Sections 123 and 124 apply, with necessary changes, to a race administration official conducting an inspection under subsection (1).
A race administration official may conduct examinations of race horses at any time.
During an examination of a race horse, a race administration official or a person authorized by a race administration official may take samples of blood, saliva, urine or other substances from the horse for testing and analysis.
To ensure the safety of horse racing and compliance with the rules of racing, jockeys, drivers and other prescribed classes of racing participants are required, as a condition of their licence, to submit to
(a) inspection of their person before and after a horse race; and
(b) testing of their breath, saliva, urine or other bodily substances for alcohol and other drugs.
Testing for alcohol and other drugs under this section must be conducted in accordance with prescribed procedures.
The following is added after subsection 106(4):
A racing participant licence may not be issued unless the executive director is satisfied that the applicant is eligible to engage in the specified activity under the rules of racing or the regulations.
Subsection 157(2) is amended by renumbering clause (ee) as clause (ee.7) and adding the following immediately before clause (ee.7):
(ee) respecting the conduct of horse racing;
(ee.1) prescribing standards for horse race tracks;
(ee.2) fixing the number of race days that may be held in any area of the province;
(ee.3) establishing rules of practice and procedure on a review of a decision made under the rules of racing;
(ee.4) establishing requirements that must be met to hold a specified type of racing participant licence;
(ee.5) specifying an examination to be passed or a standard to be met to hold a specified type of racing participant licence;
(ee.6) respecting the records to be kept by horse race track operators and racing participants;
THE PARI-MUTUEL LEVY ACT
Section 1 is amended
(a) in the definition "bettor", by striking out everything after "who bets" and substituting "on a horse race through the agency of a pari-mutuel betting system;";
(b) in the definition "operator", by striking out everything after "conducts or manages" and substituting "a pari-mutuel betting system in connection with the operation of a horse race track or the conduct of a horse race meet;";
(c) by replacing the definition "licence" with the following:
"licence" means a horse race track operator licence issued under The Liquor, Gaming and Cannabis Control Act; (« licence »)
(d) by repealing the definitions "commission", "enforcement officer", "fiscal year", "pari-mutuel system" and "plan of distribution"; and
(e) by adding the following definitions:
"authority" means the Liquor, Gaming and Cannabis Authority of Manitoba continued under The Liquor, Gaming and Cannabis Control Act; (« Régie »)
"inspector" means a person appointed or designated as an inspector under The Liquor, Gaming and Cannabis Control Act; (« inspecteur »)
"pari-mutuel betting system" means a system of betting on the outcome of a horse race in which all wagers for a race are pooled and held for distribution of the total amount to the winning bettors, less the deductions allowed by law; (« système de pari mutuel »)
Section 2 and the centred heading before it are replaced with the following:
LICENCE REQUIRED FOR PARI-MUTUEL BETTING
Section 8 is replaced with the following:
A person who bets on a horse race through the agency of a pari-mutuel betting system must, at the time the bet is placed, pay a levy to the operator in an amount determined in accordance with the regulations.
Subsection 9(1) is replaced with the following:
Subsections 10(1) and (2) are replaced with the following:
An operator must remit levies collected from bettors to the authority within the time period specified by the authority.
Subsections 10(4) and (5) are replaced with the following:
The operator must provide the authority with a return respecting the levies collected and remitted by the operator. The return must be in a form and contain the information specified by the authority.
Section 11 is amended, in the part before clause (a),
(a) by striking out everything before "who fails to remit" and substituting "An operator"; and
Subsection 13(1) is amended
(a) by adding "and support" after "promotion"; and
Subsection 13(2) is replaced with the following:
The following is added after section 14:
The authority is to distribute money from the Fund in accordance with written directions from the minister.
Directions from the minister respecting distributions from the Fund must specify
(a) the recipients of distributions;
(b) the amount of each distribution or the manner in which the amounts of those distributions are to be determined; and
(c) when distributions are to occur.
Section 23 is amended
(a) by striking out "a bettor or"; and
Section 26 is amended
(a) in the section heading, by striking out "of commission";
(b) in the part before clause (a),
(i) by striking out "or the commission" and substituting "or the authority", and
(ii) by striking out "enforcement officer, when authorized to do so by the commission," and substituting "inspector";
(c) in clauses (a) and (b) of the English version, by adding "betting" after "pari-mutuel"; and
Subsection 27(1) is amended
(a) in the part before clause (a), by striking out "enforcement officer or any peace officer authorized by the commission" and substituting "inspector"; and
Subsection 27(2) is amended, in the part after clause (b),
(a) by striking out "enforcement officer" and substituting "inspector"; and
Section 28 is amended
(a) by striking out "enforcement officer or peace officer directed by the commission" and substituting "inspector"; and
Section 36 is amended
(a) by repealing clause (b) and clauses (d) to (e); and
(b) by adding the following as clauses (f) to (h):
(f) exempting operators from the requirement to remit levies to the authority;
(g) establishing the manner in which the levy payable is to be determined;
(h) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act.
CONSEQUENTIAL AMENDMENT, REPEAL AND COMING INTO FORCE
Subsection 33(2) of The Agricultural Societies Act is repealed.
The Horse Racing Commission Act, R.S.M. 1987, c. H90, and all regulations made under that Act, are repealed.
On the coming into force of this Act,
(a) The Horse Racing Commission continued under The Horse Racing Commission Act is dissolved;
(b) the appointments of the members of The Horse Racing Commission are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished; and
(c) the rights and property of The Horse Racing Commission are transferred to the government and all of its liabilities and obligations are assumed by the government.
This Act comes into force on a day to be fixed by proclamation.