as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. B80
The Boxing and Wrestling Commission Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act"minister” means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"wrestling exhibition" includes a wrestling contest, ("spectacle de lutte")
The "Manitoba Boxing and Wrestling
Commission" composed of three persons appointed by the Lieutenant Governor in Council is continued.
The Lieutenant Governor in Council shall designate the period during which each member of the commission is to hold office; and the periods need not be the same in all cases, but may be varied in such manner as is deemed advisable.
A member of the commission may be removed from his office by the Lieutenant Governor in Council for good and sufficient cause, in which event, or in the case of death or resignation of a member of the commission, the Lieutenant Governor in Council may appoint another person to take the place of the member so removed for the remainder of the period for which he was appointed.
A majority of the members of the commission are a quorum.
The members of the commission may appoint one of their number to be chairman of the commission, and during his absence may elect from among themselves an acting chairman who, while holding office, shall possess the powers and perform the duties of the chairman.
The commission may appoint a secretary, who may be one of the members, and such officers, clerks, and servants as are deemed requisite.
The commission has supervision and control of professional boxing contests and wrestling exhibitions in the province and of all matters pertaining thereto; and may make regulations under which professional boxing contests and wrestling exhibitions are to take place.
The commission may issue to any person a permit to hold, participate in, or take part in holding, or showing on closed circuit television, a professional boxing contest or exhibition; and no person shall hold or participate in, or take part in holding, or show on closed circuit television, a professional boxing contest or exhibition, unless he holds a valid and subsisting permit for the purpose.
The commission may issue to any person a permit to hold, participate in, or to take part in holding, or show on closed circuit television, a professional wrestling exhibition; and no person shall hold or participate in, or take part in holding, or show on closed circuit television, a professional wrestling exhibition unless he holds a valid and subsisting permit for the purpose.
The commission may prescribe the conditions under which a permit referred to under subsection (1) or (2) or both shall be issued.
The commission may fix the fee to be paid for a permit.
The commission may, where it considers it to be in the interest of the public or in the general interest of professional boxing or wrestling, refuse to grant a permit to any person under subsection (1) or subsection (2).
The commission may require from any person applying for a permit to hold a professional boxing contest or wrestling exhibition to provide a cash deposit in such amount as may be determined by the commission by its regulation.
Where under this section the commission refuses to grant a permit to a person that person may appeal the decision of the commission to the minister whose decision thereon is final.
Every permit shall contain a condition that all professional boxing contests or exhibitions and professional wrestling exhibitions conducted thereunder shall be in accordance with the regulations prescribed by the commission; and it is revocable by the commission upon any violation thereof, or whenever the continuance of the permit is deemed by the commission contrary to public interest or not conducive to the interests of legitimate boxing and wrestling.
Every person, who conducts, or participates in conducting or holding, a professional boxing contests or exhibitions or wrestling exhibitions without having a valid and subsisting permit for the purpose, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100. and not more than $500.
Where it is charged that a professional boxing contest or exhibition conducted under a permit, or an agreement or undertaking entered into with respect to the boxing contest or exhibition, is in violation of the regulations prescribed by the commission, or that a person who is a party to, or is participating in, a professional boxing contest or exhibition has been guilty of a violation of those regulations, or of unsportsmanlike or unbecoming conduct, or of fraud or collusion, to the prejudice of the interest of legitimate boxing, the commission may hold an investigation into the charge, and for the purposes of the investigation the commission has all the powers conferred upon a commissioner appointed under Part V of The Manitoba Evidence Act.
The commission may order that, pending the disposition of a charge made under subsection (1), money
(a) that, under the terms of an agreement or undertaking, is payable to an employee of the person holding the boxing contest or exhibition, or to a boxer; or
(b) that is payable by a third person to a person promoting or holding a professional boxing contest or exhibition;
shall be delivered to the commission and be impounded pending the result of the investigations; and, if the charges are held by the commission to have been proven, it may declare moneys so impounded, or any part thereof, to be forfeited; and the money so forfeited is the property of the commission and shall, subject to the minister's approval, be applied for promoting amateur athletics, or for such other purposes as the minister may direct.
In a case under clause (2)(b), the commission, instead of applying the money in accordance with subsection (2), may apply it, or a portion of it, in payment of obligations of the promoter or holder arising out of, or in connection with, the contest or exhibition.
The charge may be made by the commission or a member thereof as well as by any other person.
Every person conducting a professional contest or exhibition of boxing or wrestling shall pay to the commission an amount not less than 1% and not exceeding 5% of the gross receipts taken in by him with respect to the contest or exhibition, as determined by the commission.
The commission shall establish a fund to which shall be credited all moneys received under subsection (1) and for the purposes of administering the fund the commission may maintain an account with a bank, trust company or credit union.
From the fund established under subsection (2), the commission shall pay the remuneration and expenses of the members of the commission and the expenses of the commission incurred in carrying out the provisions of this Act including the salaries and other expenses of its officers, clerks and servants and may, with the approval of the minister, make grants to groups or associations interested in the sports of boxing or wrestling for the purpose of development or promoting those sports within the province.
The Lieutenant Governor in Council may fix the remuneration that shall be paid to the members of the commission and provide for the manner of the payment thereof; and that remuneration shall be paid from the fund established under subsection (2).
Every person who conducts or participates in conducting or holding a contest or exhibition of professional boxing or exhibition of professional wrestling and who fails to comply with this section, is guilty of an offence and, in addition to the payment of the amounts provided in this section, is liable, on summary conviction, to a fine of not less than $100 or more than $500.
The books and accounts of the commission shall be audited and checked by auditors at such times as the Lieutenant Governor in Council directs; and the auditors shall make an annual report and prepare and furnish such other statements to the minister as he requests.
The commission shall, annually, immediately after the end of each fiscal year thereof, make a return to the minister showing its revenues and expenditures during that fiscal year, and a full and complete statement of its affairs and an audited balance sheet of its financial transactions during the period, together with such other information as the minister requires.
An agreement entered into for the management or training of a person to take part in a professional boxing contest or exhibition in the province is not binding on the athlete who is to be managed or trained unless it is in writing, signed by all the parties thereto, and approved as being fair and reasonable by certificate of the commission under the hand of its chairman or vice-chairman and secretary.
The decision of the commission as to the granting or refusing of such a certificate shall be final and conclusive.