as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. H90
The Horse Racing Commission Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"commission" means The Horse Racing commission; ("Commission")
"member" means a member of the commission; ("membre")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"race meeting" means a series of any form of horse races conducted or sponsored by any person or organization, whether on one day or each of a series of days; ("réunion de course")
"race track" means a race track in Manitoba at which any form of horse racing is carried on. ("piste de course")
"The Horse Racing Commission", is hereby continued, and shall be composed of not less than three members appointed by the Lieutenant Governor in Council.
The members shall hold office during the pleasure of the Lieutenant Governor in Council and shall receive such remuneration as may be fixed by the Lieutenant Governor in Council.
The Lieutenant Governor in Council shall name one member to be chairman of the commission and one member to be vice-chairman of the commission.
When the chairman is absent or unable to act, the vice-chairman shall act in his place and stead.
At any meeting of the commission
(a) a majority of the members constitutes a quorum; and
(b) a majority vote of the members determines any question.
In addition to his ordinary vote, the chairman has a casting vote on any question.
The commission may appoint such officers, clerks, and employees as may be required for the proper conduct of the affairs of the commission, and shall fix their salaries or remuneration.
The commission may appoint and employ stewards, veterinarians, analysts and such other persons as the commission thinks advisable to attend at race meetings and race tracks on behalf of the commission, and may fix their remuneration, and may charge and collect from the operator of the race track or the person holding the race meeting fees for the attendance or services of such stewards, veterinarians, analysts or other persons.
The salaries and expenses of the members of the commission, and of the officers, clerks, and other employees of the commission, and generally all costs, charges, and expenses incurred and payable in respect of the carrying out of the affairs of the commission, shall be paid out of the revenue of the commission.
From the Consolidated Fund without legislative authority or appropriation other than this Act, the Minister of Finance with the approval of, and subject to such conditions and terms as may be fixed by, the Lieutenant Governor in Council may advance to the commission such moneys as it requires from time to time.
The Lieutenant Governor in Council may direct that any surplus in the revenues of the commission over its expenditures shall be paid into the Consolidated Fund.
The commission shall keep proper records of its affairs and shall keep such accounts of its revenues and expenditures as the Provincial Auditor may require; and it may maintain a separate bank account in a chartered bank or trust company in which all revenues of the commission shall be deposited and from which all debts and liabilities of the commission shall be paid.
The accounts of the commission shall be audited by the Provincial Auditor or by such other auditor as the Lieutenant Governor in Council may appoint.
The commission shall govern, direct, control, and regulate
(a) horse racing in Manitoba; and
(b) the operation of all race tracks.
The commission shall enforce the observance and compliance of this Act and all regulations, rules, and conditions established under this Act; and for that purpose the commission may fix, impose, and collect fines and other penalties for any contravention or violation of any regulation, rule, condition, or requirement, of or imposed by the commission under this Act.
The commission may hold hearings relating to any of its powers or duties under this Act, and for that purpose, subject to subsection (4), the commission has protection and powers, and is subject to like requirements, as are conferred on, or required of, commissioners appointed under Part V of The Manitoba Evidence Act.
Section 93 of The Manitoba Evidence Act does not apply to the commission and no notice of appointment, of the purpose and scope of the inquiry that is to be made by the commission, or of the time and place of holding the first meeting of the commission, need be published as required under section 86 of The Manitoba Evidence Act.
The commission shall perform such duties and functions as may be imposed upon it, or as it may be directed, by the Lieutenant Governor in Council.
The commission and any steward, veterinarian, analyst or other person appointed under subsection 6(2) may
(a) enter and inspect any part of a race track or any stables, stands, offices, or quarters operated as part of or in conjunction with a race track;
(b) enter and inspect the offices or premises of any person or organization operating a race track or who or which conducts race meetings;
(c) inspect, seize and, if deemed advisable, make copies of any record, account, or document found in any place mentioned in clause (a) or (b);
(d) make tests and analysis of horses at race tracks or which participate in race meetings, and for that purpose take samples of blood, saliva, urine, or other material necessary for the tests or analysis.
The commission may, in its absolute discretion, grant or refuse to grant any licence, registration or approval required under this Act or the regulations.
No person operating a race track or conducting a race meeting shall employ or appoint any employee or official to perform duties specified in the regulations as relating to the actual running of horse races unless the commission has first approved the employee or official.
The commission may for cause require any employee or official employed or appointed by a person operating a race track or conducting a race meeting to perform duties specified in the regulations as relating to the actual running of horse races to be discharged.
Every person operating a race track or conducting a race meeting shall keep books of account satisfactory to the commission.
The commission shall make an annual report to the minister within three months after the close of its fiscal year; and upon receiving the report the minister shall, if the Legislature is then in session, lay it before the Legislature forthwith, and if the Legislature is not then in session lay it before the Legislature within 15 days after the commencement of the next session.
The commission shall, at the request of the minister,
(a) report on specific matters; and
(b) make periodic reports on specific matters.
For the purpose of carrying out the provisions of this Act according to their intent, the commission may make such regulations and rules as are ancillary thereto and are not inconsistent therewith; and every regulation and rule made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the commission may make regulations and rules,
(a) respecting the conduct of its affairs and the control and direction of its work and functions;
(b) requiring persons operating race tracks or conducting race meetings to be licensed;
(c) requiring race horse owners, race horse trainers, drivers, jockeys, apprentice jockeys, grooms, jockeys' agents, jockeys' valets, exercise boys, tradesmen, concessionnaires and other persons working or employed in or about race tracks, or employed by the operators of race tracks, or by persons conducting race meetings, to be licensed or registered;
(d) require the owners of race horses to register racing colours, assumed names, partnerships, and contracts, and such other matters and things as the commission deems advisable;
(e) specify certain duties carried on at race tracks or race meetings relating to the actual running of horse races for the purposes of section 11;
(f) prescribing fees and other charges for the issuing of any licence, or for any registration or approval, required under this Act or the regulations, or for any application for any such licence, registration, or approval;
(g) prescribing the form for any licence, registration, or approval required under this Act or the regulations;
(h) prescribing the terms and conditions under which any licence, registration, or approval, required under this Act or the regulations, is issued or granted;
(i) prescribing rules for the conduct of race meetings.
The commission may, subject to the approval of the Lieutenant Governor in Council, make regulations that are ancillary to this Act and not inconsistent therewith,
(a) fixing and allocating the number of days during which any kind of horse racing shall be held in the province; and
(b) fixing the number of race meetings that may be held in any area in the province.