1 [Repealed, SOR/2011-158, s. 2]

Interpretation

2 In these Regulations,

account

account means an account under a telephone account betting system or under an on-track account betting system, as the case may be; (compte)

Act

Act means the Criminal Code; (Loi)

approved

approved means approved in writing by the Executive Director; (approuvé)

approximate odds

approximate odds means the odds that are calculated by an association before the close of betting on a race; (cotes approximatives)

Area Manager

Area Manager[Repealed, SOR/2003-218, s. 1]

Area Supervisor

Area Supervisor[Revoked, SOR/93-255, s. 1]

association’s percentage

association’s percentage means the percentage referred to in subsection 102(2) that an association deducts and retains from each pool; (retenue de l’association)

betting theatre

betting theatre means a structure that is used for theatre betting at a location specified in the theatre licence. (salle de paris)

calculating pool

calculating pool means the portion of the net pool that remains after deduction of the total value or the net value as determined pursuant to paragraph 119(4)(a), as the case may be, of all bets on the winning horses in that pool; (poule de calcul)

cashier

cashier[Repealed, SOR/2011-169, s. 1]

charter

charter means the person designated by an association to record and report the information referred to in subparagraphs 27(a)(ix), (xi), (xii), (xiv) and (xx). (statisticien)

Commission

Commission means

• (a) an organization incorporated under the laws of a province that supervises and regulates races in the province, or

• (b) in a province where an organization referred to in paragraph (a) has not been established, Standardbred Canada or the United States Trotting Association; (commission)

consolation double

consolation double means the pay-out price of a daily double ticket that combines a horse, entry or mutuel field that is declared the winner in the official result of the first race of the daily double with a horse, entry or mutuel field in the second race of the daily double where, after the official result of the first race is posted,

• (a) the second race of the daily double is cancelled, or

• (b) the horse, entry or mutuel field in the second race of the daily double is scratched from that race; (prix de consolation du pari double)

daily double

daily double means a type of bet on two races to select the winning horse in the official result in each race. (pari double)

day

day means a period of 24 hours from midnight to midnight; (jour ou journée)

dead heat

dead heat means the official result of a race in which more than one horse finishes in first, second, third or fourth place, as the case may be; (égalité)

Department

Department means the Department of Agriculture and Agri-Food; (ministère)

Director

Director[Revoked, SOR/93-255, s. 1]

drug

drug means any substance included in the schedule; (drogue)

drug control service

drug control service[Repealed, SOR/2000-163, s. 1]

drug control surveillance program

drug control surveillance program[Repealed, SOR/2011-169, s. 1]

EIPH list

EIPH list means a list, established and maintained by the Commission under subsection 170.1(1), of horses that display symptoms of exercise-induced pulmonary hemorrhage. (liste IHPE)

enactment

enactment means an Act or any rule, regulations, order or other instrument made under the authority of an Act; (texte législatif)

entry

entry means two or more horses in a race that, for the purpose of making a bet, are treated as one horse; (écurie couplée)

equine drug control program

equine drug control program means all of the activities relating to equine drug control undertaken by the test inspectors, official chemists and veterinarians designated by the appropriate Commissions at official laboratories and other facilities dedicated to that control. (programme de contrôle des drogues équines)

exactor

exactor means a type of bet on a race to select, in the correct order, the first two horses in the official result; (couplé gagnant)

exchange system

exchange system[Repealed, SOR/2011-169, s. 1]

Executive Director

Executive Director means the officer who is the Executive Director of the Canadian Pari-Mutuel Agency; (directeur exécutif)

feature pool

feature pool[Repealed, SOR/2011-169, s. 1]

final odds

final odds means the odds that are calculated by an association after the close of betting on a race; (cotes définitives)

foreign race inter-track betting

foreign race inter-track betting means pari-mutuel betting at one or more satellite tracks on a foreign race, where the money bet on each pool at each satellite track is combined with the money bet on the corresponding pool that is operated by a foreign pool host to form one pool from which the pay-out price is calculated and distributed. (pari inter-hippodromes sur course à l’étranger)

foreign race separate pool betting

foreign race separate pool betting means separate pool betting in Canada on a foreign race; (pari séparé sur course à l’étranger)

home market area

home market area[Repealed, SOR/2011-169, s. 1]

horseman

horseman[Repealed, SOR/2011-169, s. 1]

horseperson

horseperson means any person, group or organization that has an interest in the sharing of purses drawn from an association’s percentage and the scheduling of races by the association but does not include an officer or employee of an association. (professionnel du cheval)

host track

host track means a race-course at which a race is held, with any inter-track or separate pool betting on that race being conducted at a satellite track. (hippodrome hôte)

infield board

infield board[Repealed, SOR/2011-169, s. 1]

inter-track betting

inter-track betting means pari-mutuel betting at one or more satellite tracks or in one or more places in one or more foreign countries, with the money bet on each pool at each satellite track or place being combined with the money bet on the corresponding pool that is operated by the pool host to form one pool from which the pay-out price is calculated and distributed. (pari inter-hippodromes)

judge

judge means a person who is licensed by a Commission to administer and enforce the applicable rules of racing at a race-course; (juge)

late scratch

late scratch means a horse that is withdrawn from a race after betting on that race has begun; (retrait de dernière heure)

legal percentages

legal percentages, in respect of a pool, means

• (a) the association’s percentage,

• (b) the deduction from each dollar bet authorized under a provincial enactment, and

• (c) the payment to the Receiver General, determined in accordance with subsection 204(4) of the Act; (prélèvements prescrits)

Minister

Minister means the Minister of Agriculture and Agri-Food; (ministre)

mutuel field

mutuel field means two or more horses in a race that, for the purpose of making a bet, are treated as one horse because the number of horses in the race exceeds the number that can be dealt with individually by the pari-mutuel system; (champ mutuel)

net factor

net factor means the difference between one and the sum of the legal percentages that an association deducts from the value of each bet made on a pool, expressed as a fraction; (facteur net)

net pool

net pool means the portion of a pool that remains after deduction of the legal percentages; (poule nette)

odds

odds means the probable pay-out price in the win pool or the ratio that represents that pay-out price; (cotes)

officer

officer means a person who is appointed by the Minister to supervise the operation of a pari-mutuel system and to administer and ensure compliance with these Regulations; (fonctionnaire désigné)

official chemist

official chemist means a chemist who is designated by the Executive Director; (chimiste officiel)

official laboratory

official laboratory means a laboratory that is designated by the Executive Director; (laboratoire officiel)

official result

official result means the order of finish of the horses in a race as declared by the stewards or judges, as the case may be; (résultat officiel)

official sample

official sample means a sample of blood, urine or other bodily substance that is, by means of approved paraphernalia, collected from a horse and packaged and sealed by or under the supervision of a test inspector; (échantillon officiel)

official veterinarian

official veterinarian[Repealed, SOR/2011-169, s. 1]

on-track account betting

on-track account betting means pari-mutuel betting conducted at a race-course or in a betting theatre of an association otherwise than by buying a ticket. (pari sur hippodrome)

on-track account betting system

on-track account betting system means the services, facilities and equipment used for conducting on-track account betting; (système de pari sur hippodrome)

outstanding ticket

outstanding ticket means a winning ticket that has not been cashed before the end of the racing day for which it was issued; (billet impayé)

pari-mutuel department

pari-mutuel department means

• (a) the facilities of an association in which the pari-mutuel system is situated, and

• (b) the operations of an association related to the pari-mutuel system; (service de pari mutuel)

pari-mutuel system

pari-mutuel system means the equipment and all software, including the totalizator, the telephone account betting system, the on-track account betting system and the inter-track betting equipment, that are used to record bets and to transmit betting data. (système de pari mutuel)

pay-out price

pay-out price, in respect of a pool, means the amount of money that is payable to the holder of a winning ticket or to an account holder who has made a winning bet, for each dollar bet by the holder or account holder, as the case may be, calculated in accordance with Part IV; (rapport)

permit

permit means a permit issued under section 6; (permis)

place

place means a type of bet on a race to select a horse to finish first or second in the official result; (pari « placé »)

pool

pool, in respect of each type of bet that may be made on a race, means the total amount of money bet on the race; (poule)

pool host

pool host means the organization that is responsible for combining the money for each type of bet from any location to form one pool from which the pay-out prices are calculated and distributed. (hôte de la poule)

post time

post time means the time that is set for the start of a race; (heure de départ)

quantitative limit

quantitative limit[Repealed, SOR/2000-163, s. 1]

quinella

quinella means a type of bet on a race to select, in any order, the first two horses in the official result; (jumelé)

race

race means a running, trotting or pacing horse-race on which pari-mutuel betting is conducted; (course)

race-meeting

race-meeting means a series of racing cards that is held by an association at a race-course; (réunion de courses)

racing card

racing card means a number of races that are scheduled to be run consecutively during a specified period on any one day at a race-course; (programme de courses)

retention area

retention area means the area and facilities within the race-course of an association that are provided by the association for the collection and securing of official samples; (enclos)

rules of racing

rules of racing means

• (a) in the case of a race held in a province, the rules made by a Commission, and

• (b) in the case of a foreign race, the rules made by the governing body that regulates the race; (règles de course)

satellite track

satellite track means a race-course where, by way of inter-track and separate pool betting, bets are taken on races held at a host track; (hippodrome satellite)

scratched

scratched in respect of a horse, means a horse that does not start or compete in a race because it is

• (a) declared a late scratch,

• (b) determined not to have had a fair start, pursuant to the applicable rules of racing,

• (c) declared to be a non-contestant, pursuant to the applicable rules of racing,

• (d) added to the race after betting has begun, in contravention of subsection 52(3), or

• (e) a horse in relation to which an officer has ordered that betting be stopped under subsection 52(4); (retiré)

seller

seller[Repealed, SOR/2011-169, s. 1]

separate pool betting

separate pool betting means pari-mutuel betting at one or more satellite tracks or in one or more places in one or more foreign countries on a race that is held at a host track, where the money bet on each pool at each satellite track is retained at that satellite track or is combined with the money bet on the corresponding pool at another satellite track or tracks or at a place or places to form one pool from which the pay-out price is calculated and distributed; (pari séparé)

show

show means a type of bet on a race to select a horse to finish first, second or third in the official result; (pari « classé »)

special sample

special sample[Repealed, SOR/2000-163, s. 1]

steward

steward has the same meaning as judge; (version anglaise seulement)

tag

tag[Repealed, SOR/2000-163, s. 1]

telephone

telephone means any telecommunication device that can be used to record and verify a bet made by an account holder. (téléphone)

telephone account betting

telephone account betting means pari-mutuel betting conducted by an account holder by means of a telephone; (pari par téléphone)

telephone account betting system

telephone account betting system means the recording devices and related equipment that are used to record and conduct telephone account betting; (système de pari par téléphone)

teller

teller means a person who issues and cashes tickets for an association; (caissier)

test

test[Repealed, SOR/2000-163, s. 1]

test inspector

test inspector means a person who is designated as a test inspector by the Executive Director for the purpose of collecting or supervising the collection of official samples; (inspecteur des prélèvements)

theatre betting

theatre betting means pari-mutuel betting that is conducted in a betting theatre in accordance with these Regulations; (pari en salle)

theatre licence

theatre licence means a licence that is issued under subsection 85(3) by the Executive Director to an association to authorize it to conduct theatre betting. (permis de pari en salle)

ticket

ticket means a receipt that is issued by an association for one or more bets on a race; (billet)

triactor

triactor means a type of bet on a race to select, in the correct order, the first three horses in the official result; (triplé)

win

win means a type of bet on a race to select a horse to finish first in the official result; (pari « gagnant »)

winning ticket

winning ticket includes a ticket that is eligible for refund; (billet gagnant)

year

year means a calendar year. (année)

PART IPermits

• 3 (1) No association shall conduct pari-mutuel betting unless

  • (a) the association has been issued a permit;

  • (b) the pari-mutuel system and the facilities for its supervision and operation have been approved in accordance with section 15; and

• (2) A permit referred to in paragraph (1)(a) expires at the end of the year in which it is issued.

• (3) Approvals of the pari-mutuel system and its facilities referred to in paragraph (1)(b) expire at the end of the year in which they are given.

4 An association shall submit an application for a permit to the Executive Director at least 30 days before the first proposed day of betting.

5 An association shall, in making an application for a permit,

• (a) provide evidence that the association is a corporation in good standing under the laws of the jurisdiction in which it was incorporated;

• (b) name the owners and directors of the association and any person who holds or exercises control over 10 per cent or more of any voting shares issued by the association;

• (c) provide evidence that the association

  • (i) owns the race-course on which the races are to be run, or

  • (ii) holds a lease on the race-course on which the races are to be run, for the duration of the permit;

• (d) provide the association’s percentage;

• (e) describe the types of bets that the association proposes to operate as the pool host and the method of calculation that the association proposes to use for each type of bet, in accordance with Part IV and section 143;

• (f) provide the dates on which the association proposes to operate as the pool host for pari-mutuel betting on horse-racing conducted at its race-course;

• (g) describe the methods by which the association will present the information required under sections 25 to 27 to the public;

• (h) describe the manner in which the association will add to pari-mutuel pools, the amounts generated from overages and underpayments in accordance with sections 65 and 113;

• (i) if the association has contracted the operation of the pari-mutuel system to another person,

  • (i) provide a copy of the contract, and

  • (ii) name the person who manages and operates the pari-mutuel system at the association’s race-course; and

• (j) provide any other information respecting the ownership and financial circumstances of the association that may be required by the Executive Director to determine whether the association is able to conduct pari-mutuel betting in accordance with the Act and these Regulations.

• 6 (1) The Executive Director shall issue a permit to an association if

  • (a) the information provided in accordance with section 5 demonstrates that the association is able to conduct pari-mutuel betting in accordance with the Act and these Regulations; and

  • (b) the methods described in accordance with paragraph 5(g) demonstrate that the association is capable of presenting the information referred to in that paragraph in a manner that is easily accessible to the public.

• (2) A permit that is issued to an association shall

  • (a) fix for a year the dates on which the association may conduct pari-mutuel betting; and

  • (b) set out the terms and conditions of the permit, including

    • (i) the type of bets that the association may offer and the method of calculation that the association may use for each type of bet,

    • (ii) the facilities and equipment that require improvements to be made, including those associated with the undertaking of the equine drug control program activities, before the association may conduct pari-mutuel betting at its race-course, and

    • (iii) any limitations or restrictions on pari-mutuel betting that arise from the type of pari-mutuel system used at the association’s race-course.

• 7 (1) An association that has applied for a permit under section 4 may also apply for a theatre licence under section 85 or an authorization under sections 76 or 84.1 or subsections 90(1) or (2) or 94(1) or (2), as the case may be.

• (2) An association may apply to the Executive Director to amend its permit or theatre licence or its authorization obtained under sections 76, 84.1, 90 or 95, as the case may be.

• (3) An association shall immediately inform the Executive Director in writing of any changes in circumstances regarding the information required under section 5 or subsections 76(1), 84.1(1), 85(1), 90(1) or (2) or 94(1) or (2), or any other change in circumstances relevant to the permit, theatre licence or authorization referred to in any of those provisions, including the commencement of proceedings under the Companies’ Creditors Arrangement Act or the Bankruptcy and Insolvency Act, the acquisition of a court order directed against the association or any change that affects whether the association will be able to continue to conduct horse races on its race-course in the ordinary course of its business.

7.1 If an association contravenes any provision of the Act or these Regulations or fails to comply with any term or condition of its permit or requirement of its theatre licence or authorization obtained under sections 76, 84.1, 90 or 95, as the case may be, or if there has been a change in circumstances under subsection 7(3), the Executive Director may, by written notice to an association,

• (a) issue a direction informing the association what actions it must take within a time specified by the Executive Director for the association to comply;

• (b) in the case where a permit has been issued and an application has been made for a theatre licence or authorization, refuse to issue the licence or authorization;

• (c) amend the terms and conditions of the permit, the requirements of the theatre licence or authorization to the extent necessary to remedy any contravention or non-compliance or address the change in circumstances;

• (d) if the remedies described in paragraphs (a) to (c) fail to address the situation, suspend the permit, theatre licence or authorization for a specified period of time during which the association must remedy the contravention or non-compliance or address the change of circumstances to the satisfaction of the Executive Director; or

• (e) cancel the permit, theatre licence or authorization if it is apparent that the association will be unable to remedy the contravention or non-compliance or address the change of circumstances within a reasonable period of time or if the change in circumstances results in the permit, theatre licence or authorization becoming inapplicable.

8 [Repealed, SOR/2003-218, s. 4]

9 [Repealed, SOR/2011-169, s. 6]

10 An association shall display its permit prominently in a public place at its race-course.

11 [Repealed, SOR/2003-218, s. 5]

PART IIPari-mutuel Systems and Related Facilities

Requirements Generally

• 12 (1) An association shall permit an officer to test the pari-mutuel system and to examine the facilities for its supervision and operation to ensure that they meet the requirements of this Part and are in good working condition.

• (2) If an association proposes a change in its pari-mutuel system, including the persons who operate it, the association shall notify an officer and permit the officer to conduct any applicable test before implementing the change.

• 13 (1) For the proper supervision and operation of a pari-mutuel system, an association shall, at its race-course,

  • (a) provide rooms and areas that are lighted, ventilated and equipped with plumbing and electricity to meet the requirements of the operations carried out therein;

  • (b) provide a suitable location for providing the public with information and for receiving complaints from the public;

  • (c) ensure that each betting terminal is identifiable by means of a distinct name or number that is visible to any person who makes or cashes a bet;

  • (d) provide, for the use of an officer, an office in the immediate vicinity of the totalizator that is equipped with

    • (i) connections that are capable of supporting telephone and Internet services,

    • (ii) a storage cabinet and a filing cabinet that can be locked, and

    • (iii) such additional furnishings as are necessary to permit the officer to perform the officer’s duties; and

  • (e) provide, at the race-course, one or more devices used to close betting on a race, with one being in the immediate vicinity of the totalizator and any others being at locations authorized by an officer.

• (2) Paragraph (1)(d) does not apply in respect of a race-course that conducts races on fewer than 10 days in a year.

14 An association shall maintain a daily written record of the pari-mutuel system’s operations and maintenance and shall retain each record for a period of at least one year from the day on which it was created.

Requirements for Pari-mutuel Systems

15 A pari-mutuel system shall not be approved unless

• (a) it is capable of accurately recording bets;

• (b) it is capable of accurately calculating the pay-out prices;

• (c) the tickets printed by the system contain the information set out in section 16; and

• (d) the association provides an officer, on request, with

  • (i) a description of the pari-mutuel system, including a diagram of the configuration of the totalizator,

  • (ii) a description of the method for sending and receiving pari-mutuel information between host and satellite tracks,

  • (iii) a description of the interface capabilities of the pari-mutuel system,

  • (iv) a description of the security system for the pari-mutuel system,

  • (v) a description of the controlled access to the pari-mutuel system,

  • (vi) a description of the security system that protects all records pertaining to the pari-mutuel system, including records of outstanding tickets and all approved types of pari-mutuel betting,

  • (vii) a description of procedures to implement modifications and testing of the pari-mutuel system,

  • (viii) a catalogue of all the pari-mutuel system computer records that are used at the association’s race-course, and

  • (ix) a glossary of terms, procedural-log explanations and any other information required to enable an officer to audit the pari-mutuel system.

16 An association shall ensure that every ticket sets out

• (a) the name of the race-course;

• (b) the value of each individual bet;

• (c) the amount of money bet;

• (d) the type of bet;

• (e) the location, number and date of the race;

• (f) a code that uniquely identifies the ticket;

• (g) the date the ticket was issued;

• (h) the number of the horse or horses on which the bet was made; and

• (i) the number of the ticket-issuing machine.

17 Whenever a device referred to in paragraph 13(1)(e) to close betting in a pari-mutuel system has been activated, the association shall record on its pari-mutuel system log file

• (a) the device that was used to close betting; and

• (b) the time of day in hours, minutes and seconds at which betting was closed.

18 [Repealed, SOR/2011-169, s. 14]

19 [Repealed, SOR/2011-169, s. 14]

Testing and Breakdown of Pari-mutuel Systems

20 An association shall, each day prior to the opening of betting,

• (a) test the operation of the pari-mutuel system; and

• (b) make all the necessary repairs and adjustments to the pari-mutuel system.

• (c) [Repealed, SOR/2011-169, s. 16]

21 An association shall without delay notify an officer in writing if any error or faulty operation of the pari-mutuel system or its related equipment is discovered.

22 [Repealed, SOR/2011-169, s. 17]

23 [Repealed, SOR/2011-169, s. 17]

24 [Repealed, SOR/2011-169, s. 17]

Race information

General

• 25 (1) An association shall provide the public, free of charge and in an easily accessible manner, with the following information:

  • (a) the name of the association conducting the pari-mutuel betting;

  • (b) a statement that the pari-mutuel betting is supervised by the Minister and a statement that all pools are calculated and distributed in accordance with these Regulations;

  • (c) Canadian Pari-Mutuel Agency contact information;

  • (d) the terms and conditions of a bet, including the information that a winning ticket is valid indefinitely;

  • (e) a description of how bets are cashed and cancelled, including any limits to the conditions, in accordance with subsection 57(6) and section 117;

  • (f) a statement that bets may be refunded under certain circumstances and a description of how the public will be informed of any refunds;

  • (g) with respect to odds,

    • (i) a description of the ratios that are used by an association to display odds,

    • (ii) the statement that approximate odds represent only the probable pay-out price of the win pool at the time they are posted and have no bearing on the pay-out price for any other pool,

    • (iii) a statement that if approximate odds for any horse are posted as “1:9”, the pay-out price based on a $2 bet on the win pool may be as low as $2.10, and

    • (iv) a statement that if approximate odds for any horse are posted as “99:1”, the pay-out price based on a $2 bet on the win pool may be greater than $200; and

  • (h) for associations that conduct 10 or more days of pari-mutuel betting, the value of outstanding tickets for each three-month period ending March 31, June 30, September 30 and December 31, as calculated three months after the end of the period, or for an association that does not conduct inter-track betting or separate pool betting for each annual period ending December 31, as calculated three months after the end of the period.

• (2) An association shall, on request, provide an officer in writing with any information set out in sections 25 to 27.

Information on Each Race

• 26 (1) An association shall, in respect of each race, provide the public in an easily accessible manner, by purchase or otherwise, with the following information:

  • (a) the date, number and scheduled post time of the race;

  • (b) the distance of the race;

  • (c) the number worn by each horse in the race and, if that number is different from the post position of a horse, the post position of the horse;

  • (d) the name, sex and age of each horse in the race;

  • (e) the name of the trainer, owner and jockey or driver of each horse in the race;

  • (f) the weight assigned to each horse in a running horse race;

  • (g) the eligibility conditions that have to be met by each horse in the race;

  • (h) the amount of purse money or prizes offered for the race;

  • (i) in the case of a race-course that has more than one type of track, the type of track on which the race will be run;

  • (j) the types of bets offered on the race and the rules by which the pay-out price is calculated and distributed;

  • (k) with respect to odds,

    • (i) the approximate odds and final odds on each horse, entry or mutuel field in the race,

    • (ii) during the five minutes before the close of betting, the approximate odds referred to in subparagraph (i), at intervals not exceeding two minutes,

    • (iii) if the odds are 1 to 10 or less and the association displays the odds in terms of a ratio but is incapable of displaying odds of 1 to 10 or less, those odds displayed as “1:9”, the lower odds not needing to be otherwise displayed,

    • (iv) if the odds are higher than 99 to 1 and if the association displays them in terms of

      • (A) a ratio, those odds displayed as “99:1”, the higher odds not needing to be otherwise displayed, or

      • (B) a pay-out price, those odds displayed as “$99.90”, the higher odds not needing to be otherwise displayed;

  • (l) the legal percentages and breakage rules applicable to each pool;

  • (m) the horses that are on the EIPH list;

  • (n) the official result and the winning combination of horses and pay-out prices for every pool, including refunds;

  • (o) the running time of the race;

  • (p) any entries and mutuel fields, late scratches, unfair starts, declarations of horses as non-contestants and dead heats; and

  • (q) the numbers of any scratched horses and any refunds made in accordance with these Regulations.

• (2) An association that hosts a pool shall, on request, make available the following information:

  • (a) the amount of money bet on each horse and on each winning combination of horses;

  • (b) the total amount of money bet on each pool; and

  • (c) any additional amounts added to the pool, including any overages and underpayments in accordance with sections 65 and 113.

Information on Horse’s Past Performance

27 An association that conducts 10 or more days of pari-mutuel betting during a year shall in respect of every race held at its race-course provide the public in an easily accessible manner, by purchase or otherwise, with the following information at that race-course no later than one hour before post time of the first race:

• (a) for each horse in a race, the chart lines of the last five races of that horse, listing the most recent race first and including, for each race,

  • (i) the date,

  • (ii) the name of the race-course,

  • (iii) the size and type of track,

  • (iv) the track condition,

  • (v) the type of race,

  • (vi) the weight assigned to the horse, if applicable,

  • (vii) the information that the horse competed as a free-legged pacer or a trotter wearing hopples, if applicable,

  • (viii) the distance,

  • (ix) the time of the leading horse as reported by the charter at each measured fraction of the track, including the time of the winning horse,

  • (x) the post position of the horse,

  • (xi) the position of the horse, as reported by the charter, at each measured fraction of the track,

  • (xii) the position of the horse, as reported by the charter, in the home stretch and the number of lengths, if any, behind the leading horse,

  • (xiii) the position of the horse in the official result,

  • (xiv) the number of lengths behind the winning horse at the finish of the race as reported by the charter, if applicable,

  • (xv) the time for the horse to complete the race,

  • (xvi) the final odds on the horse, expressed in dollars,

  • (xvii) the name of the jockey or the driver of the horse and, if the surname and initials of two or more of those persons are identical, their full given names,

  • (xviii) the names of the horses that came in first, second and third in the official result,

  • (xix) the reason that the horse was scratched, if applicable,

  • (xx) each instance in which the charter reported that the horse broke gait, was parked-out or was suffering from exercise-induced pulmonary hemorrhage, and

  • (xxi) the information that the horse was on the EIPH list, if applicable;

• (b) for each horse in a race, a summary for the current year and the preceding year of the horse’s

  • (i) starts in purse races, including the number of times the horse finished first, second and third in the official result, and

  • (ii) amount of earnings from purse races;

• (c) for each horse in a race, the type of licence issued by the appropriate Commission to the jockey or driver of the horse;

• (d) an explanatory note regarding the information referred to in paragraphs (a) to (c);

• (e) if chart lines are required under paragraph (a) and a horse has not raced five times,

  • (i) the chart lines of as many past races as the horse has raced, and

  • (ii) the horse’s running time in its last official work-out or qualifying race, as the case may be; and

• (f) if chart lines are required under paragraph (a) and the horse has raced in a foreign jurisdiction, the chart lines presented in a manner that is in accordance with the applicable rules of the jurisdiction in which the race was held.

28 [Repealed, SOR/2011-169, s. 19]

29 [Repealed, SOR/2011-169, s. 19]

30 [Repealed, SOR/2011-169, s. 19]

31 [Repealed, SOR/2011-169, s. 19]

32 [Repealed, SOR/2011-169, s. 19]

33 [Repealed, SOR/2011-169, s. 19]

34 [Repealed, SOR/2011-169, s. 19]

35 [Repealed, SOR/2011-169, s. 19]

36 [Repealed, SOR/2011-169, s. 19]

37 [Repealed, SOR/2011-169, s. 19]

38 [Repealed, SOR/2011-169, s. 19]

39 [Repealed, SOR/2011-169, s. 19]

40 [Repealed, SOR/2011-169, s. 19]

41 [Repealed, SOR/2011-169, s. 19]

42 [Repealed, SOR/2011-169, s. 19]

Communication System

43 An association shall provide, at every race-course, a telephone or similar device for an officer to communicate with

• (a) the judges’ stand;

• (b) the pari-mutuel department; and

• (c) if applicable, the facilities of the equine drug control program.

44 [Repealed, SOR/2011-158, s. 4]

45 [Repealed, SOR/2011-158, s. 4]

46 [Repealed, SOR/2011-158, s. 4]

47 [Repealed, SOR/2011-158, s. 4]

48 [Repealed, SOR/2011-158, s. 4]

49 [Repealed, SOR/2011-169, s. 20]

Access

50 An association shall permit an officer unrestricted access at all times to its facilities and equipment and to all books, ledgers, accounts, documents and records of the association that relate to pari-mutuel betting.

PART IIIPari-mutuel Betting Operations

Requirements Respecting Pari-mutuel Betting Operations

• 51 (1) No association shall conduct pari-mutuel betting on races that are not held in accordance with the applicable rules of racing.

• (2) No association shall offer a type of bet that is not expressly authorized under its permit.

• (3) The Executive Director may set out terms and conditions in the association’s permit governing each type of bet.

• (4) Where a bet is made in foreign currency, the value of the bet for the purposes of calculating the applicable deductions and pay-out prices shall be determined by converting the foreign currency into Canadian currency at the rate of exchange between the Canadian dollar and that foreign currency as quoted by the Bank of Canada at noon on the day immediately preceding the day on which the post time of the first race of the racing card is scheduled.

• 52 (1) An officer or an association may cancel a type of bet on a race, or on a horse, entry or mutuel field in the race, before betting begins on that race.

• (2) Subject to subsections (3) and (4), no association shall, after betting has begun on a race, refuse to accept bets on a horse, entry or mutuel field in the race.

• (3) No association shall conduct pari-mutuel betting on a horse, entry or mutuel field that is

  • (a) a late scratch;

  • (b) added to a race after betting has begun; or

  • (c) removed from the pari-mutuel system for any period of time during which the betting has been opened for that race.

• (4) No association shall conduct pari-mutuel betting on a race or on a horse, entry or mutuel field in a race if an officer has ordered that betting be stopped.

• 53 (1) Except as provided in sections 76 to 99, no association shall accept bets or instructions to bet on a race from any person by telephone or by any other means of communication that originates from outside the race-course at which the race is taking place.

• (2) Except as provided in sections 76 to 84.9, no association shall accept bets or instructions to bet on a race from any person unless that person tenders to the association, for each bet, cash or a voucher issued by the association in exchange for cash.

• 54 (1) Subject to subsections (3), 81(2) and 84.6(2), a bet is made when a ticket is issued.

• (2) Where a person makes a tender in accordance with subsection 53(2), the association shall immediately

  • (a) issue a ticket to the person; or

  • (b) where, for any reason, a ticket cannot be issued, return the cash or voucher to the person.

• (3) A bet made at a self-service terminal is made when the pari-mutuel system creates an electronic record of the bet.

• 55 (1) If betting has begun on a race and a type of bet cannot be issued because of a defective totalizator, an association shall close betting on that type of bet and shall not resume offering that type of bet unless, prior to the race, the defect in the totalizator is rectified.

• (2) Where, pursuant to subsection (1), a type of bet on a race is closed until such time as the race is run, all bets of that type that were made before betting was closed shall constitute the pool.

56 Where an association proposes to cancel or cancels any race on a racing card, the association shall immediately notify an officer.

• 57 (1) No association shall, on request of a person, cancel a bet and provide a refund to that person except in accordance with this section.

• (2) Subject to subsections (5) and (6), where a person requests the cancellation of a bet, the association shall cancel the bet and provide a refund to the person if the request and cancellation take place before the betting on the race has closed.

• (3) Where a person who makes a bet claims immediately upon receiving a ticket that the ticket is incorrect, the association shall cancel the bet and provide a refund to the person.

• (4) Where an officer has reasonable grounds to believe that, on request of a person, the cancellation and refund of a bet made to that person may impact negatively on the integrity of the betting, the officer shall order the association to refuse to cancel and refund the bet.

• (5) No association shall, on request of a person, cancel a bet and provide a refund to that person where

  • (a) that association has reasonable grounds to believe that the cancellation and refund of the bet may impact negatively on the integrity of the betting; or

  • (b) an officer orders the association to refuse to cancel and refund the bet under subsection (4).

• (6) In order to prevent the cancellation of a bet from distorting or manipulating information displayed to the public in respect of a pool, a permit issued under subsection 6(1) shall contain the following conditions based on an historical record of the relevant betting patterns of an association and the horse racing industry:

  • (a) a threshold monetary amount of a bet above which an association may not, on request of a person, cancel the bet unless the person provides satisfactory proof of the person’s identity; and

  • (b) time limits, in reference to the betting on a race, outside of which an association may not, on request of a person, cancel a bet.

• (7) An association shall notify the public of the terms on which a bet may, on request of a person, be cancelled.

58 No association shall refuse a claim for payment or a refund on a mutilated or torn ticket where the ticket can be identified to the satisfaction of an officer as a winning ticket.

59 [Repealed, SOR/2011-169, s. 25]

• 60 (1) Where a person makes a complaint respecting pari-mutuel betting to an association, the association shall immediately make out a complaint report, setting out

  • (a) the name of the complainant;

  • (b) the nature of the complaint;

  • (c) the name of the person, if any, against whom the complaint is made;

  • (d) the date of the complaint; and

  • (e) the action taken or proposed to be taken, if any, by the association.

• (2) An association shall give every complaint report to an officer within forty-eight hours after the complaint has been made.

Pari-mutuel Department

61 [Repealed, SOR/2011-169, s. 26]

62 An association shall maintain a current list of the names of all personnel with access to the pari-mutuel department and shall provide the list to an officer on request.

• 63 (1) Subject to subsection (2), no person on the list referred to in section 62 shall, while that person is inside the pari-mutuel department,

  • (a) place a bet or come into possession of a ticket; or

  • (b) sell a ticket to or cash a ticket from a person who is not on the public side of the betting window.

• (2) Subsection (1) does not apply to an on-track messenger employed by an association to place bets on behalf of persons attending at the race-course.

• (3) No association shall open an account for a person who is assigned to the association’s telephone account betting system.

• 64 (1) An association shall determine shortages and overages by comparing the actual amount of money turned in by each teller or terminal, as the case may be, with receipts in respect of cash draws and returns and records of the value of all bets made, cancelled, cashed and refunded and vouchers sold and cashed.

• (2) Subject to section 65, no association shall offset a shortage by an overage.

• (3) [Repealed, SOR/2011-169, s. 28]

• 65 (1) At the end of each racing day, an association shall add together any overages occurring in any races of that racing day and the resulting sum shall then be added to a future pool, in the manner described in the permit.

• (2) Where overages are to be added to a pool, they shall be added to the net pool.

• (3) An association shall add all money resulting from an overage to a pari-mutuel pool, not later than one year after the day on which the overage was incurred.

66 Before the start of each racing card or within 24 hours after the completion of any race-meeting, whichever occurs first, an association shall prepare and provide an officer with a report that shows

• (a) for each teller or terminal, the value of bets made, cash draws and returns and records of the value of all bets made, cancelled, cashed and refunded and vouchers sold and cashed;

• (b) each teller’s name or identification number and the number of each terminal; and

• (c) the amount of any shortages or overages as determined under subsection 64(1).

67 [Repealed, SOR/2011-169, s. 30]

Entries and Mutuel Fields

68 When the applicable rules of racing provide for the combining of two or more horses as an entry, an association shall consider any entry created under those rules to be an entry for the purposes of pari-mutuel betting.

69 An association shall consider a bet made on one horse of an entry or mutuel field to be a bet on all of the horses in that entry or mutuel field.

70 No association shall host a type of bet that combines horses from the same entry or mutuel field.

71 [Repealed, SOR/2011-169, s. 32]

72 [Repealed, SOR/2003-218, s. 16]

Close of Betting

• 73 (1) No association shall accept bets on a race after the start of the race.

• (2) If an association does not record betting on a race directly into the appropriate pool, the association shall ensure that betting closes at a time before post time that leaves enough time to record all bets and calculate and display the final odds.

• (3) For the purpose of ensuring compliance with subsection (1) or (2), an officer may order an association to close betting on a race.

• (4) [Repealed, SOR/2006-273, s. 2]

74 Where, in respect of a race, ticket-issuing machines have been closed prematurely before the start of the race, an officer may authorize an association to reopen the ticket-issuing machines for the remainder of the period in which betting is permitted, where, in the opinion of the officer, the bets made after the ticket-issuing machines have reopened can be combined with the bets made before the ticket-issuing machines were closed.

75 [Repealed, SOR/2003-218, s. 17]

Telephone Account Betting

• 76 (1) An association that proposes to conduct telephone account betting shall apply in writing to the Executive Director.

• (2) The Executive Director shall, in writing, authorize an association to conduct telephone account betting if

  • (a) the association has been issued a permit; and

  • (b) the services, facilities and equipment for conducting telephone account betting have been inspected and authorized by an officer.

• 77 (1) No association shall open an account other than in accordance with this section.

• (2) An association that is authorized under subsection 76(2) may open a telephone betting account for any person who resides

  • (a) in the province in which the association operates a race-course;

  • (b) in another province, if the association has been issued an authorization by the appropriate Commission;

  • (c) in any of the Canadian Territories; or

  • (d) outside Canada.

• (2.1) If a Commission has established intra-provincial boundaries for the purposes of limiting telephone account betting, an association wishing to conduct telephone account betting within those boundaries shall

  • (a) obtain an authorization from the appropriate Commission for that purpose; and

  • (b) provide the Executive Director with evidence of the Commission’s authorization.

• (3) and (4) [Repealed, SOR/2011-169, s. 36]

• (5) Where an association has opened an account other than in accordance with this section, the association shall forthwith close the account and return the balance of the money on deposit to the account holder.

78 Where an association opens an account for a person, the association shall forthwith

• (a) assign an account number and an identification code to the account; and

• (b) inform the account holder of the account number and the identification code assigned to the account.

• 79 (1) An association that operates a telephone account betting system shall hold any money deposited into an account as a custodian or depository for the account holder.

• (2) No association shall accept a telephone account bet unless

  • (a) the account holder provides the telephone account betting system with the correct account number and identification code; and

  • (b) there is sufficient money in the account to cover the bet.

• (3) Subject to section 118, no association shall permit any money to be withdrawn from an account other than by the account holder or the person acting on his behalf.

• 80 (1) Where an account holder deposits money into an account, the association shall forthwith credit the account with the amount of the deposit.

• (2) Where an account holder makes a telephone account bet, the association shall forthwith debit the account by the amount of the bet.

• (3) Where an account holder has made a winning telephone account bet, the association shall credit the amount won to the holder’s account immediately after the posting of the pay-out prices.

• (4) If an account holder, or the person acting on his behalf, requests a withdrawal from the holder’s account, the association shall give effect to the request within 48 hours.

• (5) Where an account holder provides the correct telephone betting account number and identification code to a telephone account betting system and requests to be informed of the current balance of the account, an association shall

  • (a) where the request is for an oral statement, provide the requested information forthwith; and

  • (b) where the request is for a written statement of account, issue that written statement of account within 48 hours.

• (6) An association shall ensure that the statement of account referred to in paragraph (5)(b) contains all data respecting telephone account betting conducted by the account holder for the preceding 21 days.

• (7) Where the terms of a telephone account betting system provide that an association shall pay interest on the money in an account, the association shall

  • (a) credit the interest as a deposit to the account; and

  • (b) identify the interest separately on the statement referred to in paragraph (5)(b).

• 81 (1) On the request of the account holder, a telephone account betting system shall provide the account holder with the balance in the account.

• (2) A telephone account bet is made when the bet has

  • (a) been specified to the telephone account betting system by the account holder;

  • (b) been recorded in its entirety; and

  • (c) when requested by the account holder, been verified to that person by the telephone account betting system.

• (3) [Repealed, SOR/99-55, s. 5]

• (4) Where a disagreement arises with respect to the making of a telephone account bet, the account holder may request the recording referred to in paragraph (2)(b).

• (5) [Repealed, SOR/2011-169, s. 39]

• (6) When an account holder places a telephone account bet orally, it shall be voice-recorded.

82 An association shall retain all recordings and any written or computer-stored data referred to in subsection 81(2) for no fewer than 35 days and shall make those recordings and data available to an officer on request.

• 83 (1) A telephone account holder who claims that a statement of account is incorrect shall make the claim to the association within 14 days after the day that the statement is issued.

• (2) Where a claim is made under subsection (1), no association shall dispose of any recording or any written or computer-stored data related to that account until authorized to do so by an officer.

• (3) An association shall process any complaint by a telephone account holder respecting telephone account betting pursuant to section 60.

84 An officer may audit an account at any time.

On-track Account Betting

• 84.1 (1) An association that proposes to conduct on-track account betting shall apply in writing to the Executive Director.

• (2) The Executive Director shall, in writing, authorize an association to conduct on-track account betting if

  • (a) the association has been issued a permit; and

  • (b) the on-track account betting system has been inspected and authorized by an officer.

84.2 [Repealed, SOR/2011-169, s. 42]

84.3 Where an association opens an account for a person, the association shall forthwith

• (a) assign an account number and an identification code to the account; and

• (b) inform the account holder of the account number and the identification code assigned to the account.

• 84.4 (1) An association that operates an on-track account betting system shall hold any money deposited into an account as a custodian or depository for the account holder.

• (2) No association shall accept an on-track account bet unless there is sufficient money in the account to cover the bet.

• (3) Subject to section 118, no association shall permit any money to be withdrawn from an account, other than on presentation by the person making the withdrawal of the correct account number and identification code.

• 84.5 (1) Where an account holder deposits money into an account, the association shall forthwith credit the account with the amount deposited.

• (2) Where an account holder makes an on-track account bet, the association shall forthwith debit the account with the amount bet.

• (3) Where an account holder has a winning on-track account bet, the association shall credit the account with the amount won immediately after the posting of the pay-out prices.

• (4) Where an account holder requests a withdrawal from the holder’s account, the association shall give effect to the request within 48 hours.

• (5) Where the on-track account betting system does not automatically generate a written statement of account and an account holder provides the correct account number and identification code to the association and requests to be informed in writing of the current balance of the account, the association shall issue the written statement within 48 hours.

• (6) An association shall ensure that the statement of account referred to in subsection (5) contains all data respecting the on-track account betting conducted by the account holder for the preceding 21 days.

• (7) Where the terms of the on-track account betting system provide that an association shall pay interest on the money in an account, the association shall

  • (a) credit the interest as a deposit to the account; and

  • (b) identify the interest separately on the statement of account referred to in subsection (5).

• 84.6 (1) On the request of the account holder, an association shall ensure that the on-track account betting system is capable of providing a visual display of the balance in the account.

• (2) An on-track account bet is made when the bet has been

  • (a) entered into the on-track account betting system by the account holder;

  • (b) recorded in the account of the account holder by means that allow verification at any time; and

  • (c) confirmed to the account holder.

• (3) An association shall ensure that the on-track account betting system is designed to provide for the automatic turning off of any visual display.

• (4) An association shall ensure that the on-track account betting system is designed to discontinue access to the account of an account holder upon the turning off of the visual display referred to in subsection (3).

• (5) Where a disagreement arises with respect to the making of an on-track account bet, the account holder may request that an association provide the written statement of account referred to in subsection 84.5(5) immediately upon demand.

• (6) [Repealed, SOR/2011-169, s. 44]

• 84.7 (1) An association shall retain all computer-stored and other records relating to on-track account bets for no fewer than 35 days.

• (2) An association shall make available to an officer on request all records referred to in subsection (1).

• 84.8 (1) An account holder who claims that a statement of account is incorrect shall make the claim to the association within 14 days after the day on which the statement is issued.

• (2) Where a claim is made under subsection (1), no association shall dispose of any computer-stored or other records relating to that account until authorized to do so by an officer.

• (3) An association shall process any complaint by an account holder respecting on-track account betting in accordance with section 60.

84.9 An officer may audit an account at any time.

Theatre Betting

• 85 (1) An association that proposes to conduct theatre betting shall apply in writing to the Executive Director each year for a theatre licence for each betting theatre that the association proposes to operate.

• (2) An association making an application for a theatre licence shall

  • (a) be the holder of a permit;

  • (b) be the holder of a licence issued by the Lieutenant Governor in Council of the province in which the betting theatre is located, or by any other person or authority in the province that may be specified by the Lieutenant Governor in Council, in accordance with paragraph 204(8)(e) of the Act;

  • (c) provide evidence that it owns the betting theatre in respect of which the application is being made or holds a lease on that betting theatre for the period of the proposed betting;

  • (d) submit a description of

    • (i) the methods by which the association will present the information required under sections 25 and 26 to the public,

    • (ii) how the association will transmit pari-mutuel data from the betting theatre to the organization that is conducting the pari-mutuel betting, including an explanation of how the security of the transmission will be ensured, and

    • (iii) the facilities and equipment to be used to conduct the theatre betting;

  • (e) at the time the application is made, have executed an agreement, with the horsepersons under contract to it for the period of the proposed theatre licence, that governs the scheduling of races for, and the sharing of revenues from, the betting at the betting theatre and provide evidence of the agreement to the Executive Director.

• (3) If an association has complied with subsections (1) and (2), the Executive Director shall issue a theatre licence to that association for the period of the proposed betting if that period is less than the duration of the permit.

86 No association shall operate a betting theatre unless,

• (a) the association has been issued a permit;

• (b) an officer has reviewed the facilities and equipment referred to in subparagraph 85(2)(d)(iii) and authorized them as being suitable for the purpose intended;

• (c) the association has been issued a theatre licence in respect of that betting theatre;

• (d) the association posts the theatre licence in that betting theatre;

• (e) the association displays the Canadian Pari-Mutuel Agency contact information; and

• (f) the association informs customers on the procedure for submitting complaints.

87 [Repealed, SOR/2011-169, s. 48]

88 [Repealed, SOR/2011-169, s. 48]

89 [Repealed, SOR/2011-169, s. 48]

Inter-track and Separate Pool Betting

• 90 (1) Subject to subsection (2), an association that proposes to conduct inter-track betting or separate pool betting at its race-course, whether as a pool host or a satellite track, shall

  • (a) be in possession of an approval issued by the appropriate Commission to conduct 10 or more days of racing for the year;

  • (b) apply each year in writing to the Executive Director for authorization to conduct the inter-track or separate pool betting;

  • (c) provide the Executive Director with evidence of an agreement between the association and another association for the conduct of inter-track betting or separate pool betting, as the case may be, between the race-courses of the two associations, whether as a pool host or a satellite track, and include in the agreement

    • (i) the types of bets that are proposed to be offered,

    • (ii) the legal percentages to be deducted from each pool that each association proposes to offer, and

    • (iii) the method of calculation that the associations propose to use for each pool that is combined; and

  • (d) at the time the application for authorization to conduct inter-track or separate pool betting under paragraph (b) is made, have executed an agreement, with the horsepersons under contract to it for the period of the proposed inter-track or separate pool betting, that governs the scheduling of races for, and the sharing of revenues from, the proposed inter-track or separate pool betting and provide evidence of the agreement to the Executive Director.

• (2) An association that proposes to conduct inter-track betting or separate pool betting at its race-course as a pool host or a satellite track by combining the money bet on pools in a foreign country with the money bet on the corresponding pools at its race-course shall

  • (a) be in possession of an approval issued by the appropriate Commission to conduct 10 or more days of racing for the year;

  • (b) apply each year in writing to the Executive Director for authorization to conduct the inter-track betting and include in the application the name and address of

    • (i) the organization conducting the foreign betting, and

    • (ii) the governing body that regulates the foreign betting; and

  • (c) provide the Executive Director with evidence of an agreement between the association and the organization conducting the foreign betting and include in the agreement

    • (i) the types of bets that are proposed to be offered,

    • (ii) the legal percentages to be deducted from each pool that the association proposes to offer and the percentage to be deducted from each pool that the foreign organization proposes to offer, and

    • (iii) the method of calculation that the association and the foreign organization propose to use for each pool that is combined.

• (3) If the association already has an authorization for the previous year to conduct the inter-track betting or separate pool betting as a pool host or a satellite track, in accordance with subsection (1) or (2), the association may provide the Executive Director with a statement, in writing, confirming that the information submitted in its previous year’s application in respect of that authorization remains unchanged.

• (4) The Executive Director shall, in writing, authorize an association to conduct inter-track or separate pool betting if

  • (a) the association has been issued a permit;

  • (b) an officer has reviewed the facilities and equipment for conducting inter-track or separate pool betting and authorized them as being suitable for the purpose intended; and

  • (c) the association has informed the Executive Director of the dates on which the races will be held.

91 [Repealed, SOR/2003-218, s. 27]

92 An association that operates a race-course as a satellite track shall conduct inter-track or separate pool betting only during the period in which betting may be conducted by the pool host.

93 No association that conducts inter-track betting or separate pool betting shall accept bets on a race after the start of the race.

Foreign Race Inter-track Betting and Foreign Race Separate Pool Betting

• 94 (1) Subject to subsection (2), an association that proposes to conduct foreign race inter-track betting or foreign race separate pool betting shall

  • (a) be in possession of an approval issued by the appropriate Commission to conduct 10 or more days of racing for the year;

  • (b) apply each year in writing to the Executive Director for authorization to conduct the foreign race inter-track betting or foreign race separate pool betting and include in the application the name and address of

    • (i) the race-course at which the foreign racing is scheduled to be held,

    • (ii) the organization holding the foreign racing and, in the case of foreign race inter-track betting, the organization conducting the foreign betting, and

    • (iii) the governing body that regulates the foreign racing and, in the case of foreign race inter-track betting, the governing body that regulates the foreign betting; and

  • (c) provide the Executive Director with evidence of an executed agreement, between the association and the organization conducting the pari-mutuel betting on foreign racing, concerning the conduct of foreign race inter-track betting or foreign race separate pool betting, as the case may be, and include

    • (i) the types of bets proposed to be offered,

    • (ii) the legal percentages to be deducted from each pool that the association proposes to offer and the percentage to be deducted from each pool that the organization holding the foreign-hosted betting pools proposes to offer, and

    • (iii) in the case of foreign race inter-track betting, the description of how the betting pools are operated as combined pools and the applicable rules for each type of bet that the association proposes to offer; and

  • (d) provide the Executive Director with details of the communication system that will be used by the association to ensure the accurate and timely exchange of race information between the association and the organization holding the foreign racing and the organization conducting the betting; and

  • (e) at the time the application to the Executive Director under paragraph (b) is made, have executed an agreement, with the horsepersons under contract to it for the period of the proposed foreign race inter-track betting or foreign race separate pool betting, that governs the scheduling of races for, and the sharing of revenues from, the proposed foreign race inter-track betting or foreign race separate pool betting and provide evidence of the agreement to the Executive Director.

• (2) An association that proposes to conduct foreign race inter-track betting or foreign race separate pool betting at its race-course as a pool host or a satellite track, by combining the money bet on pools in a foreign country with the money bet on the corresponding pools at its race-course, shall

  • (a) be in possession of an approval issued by the appropriate Commission to conduct 10 or more days of racing for the year;

  • (b) apply each year in writing to the Executive Director for authorization to conduct the inter-track betting and include in the application the name and address of

    • (i) the organization conducting the foreign betting, and

    • (ii) the governing body that regulates the foreign betting; and

  • (c) provide evidence of an agreement between the association and the organization conducting the foreign betting and include in the agreement

    • (i) the types of bets that are proposed to be offered,

    • (ii) the legal percentages to be deducted from each pool that the association proposes to offer and the percentage to be deducted from each pool that the foreign organization proposes to offer, and

    • (iii) the method of calculation that the association and the foreign organization propose to use for each pool that is combined.

• (3) If the association already has an authorization for the previous year to conduct the foreign race inter-track betting or foreign race separate pool betting as a pool host or a satellite track in accordance with subsection (1) or (2), the association may provide the Executive Director with a statement, in writing, confirming that the information submitted in its previous year’s application in respect of that authorization remains unchanged.

95 The Executive Director shall, in writing, authorize an association to conduct foreign race inter-track betting or foreign race separate pool betting if

• (a) the association has been issued a permit;

• (b) an officer has reviewed the facilities and equipment for conducting the foreign race inter-track betting or foreign race separate pool betting and authorized them as being suitable for the purpose intended; and

• (c) the association has informed the Executive Director of the dates on which the races will be held.

96 [Repealed, SOR/2003-218, s. 30]

97 An association shall ensure that the numbers that the association assigns to the horses in a foreign race for the purpose of foreign race inter-track betting or foreign race separate pool betting are the same as those assigned to those horses for pari-mutuel betting by the organization that conducts the foreign race, up to the capacity of the association’s totalizator, after which a mutuel field shall be used.

• 98 (1) If there is an inconsistency between the foreign pool host rules relating to the conduct of foreign race inter-track betting and these Regulations, the rules prevail.

• (2) In the absence of applicable foreign pool host rules relating to the conduct of foreign race inter-track betting, these Regulations apply.

99 No association that conducts foreign race inter-track betting or foreign race separate pool betting shall accept bets on a race after the start of the race.

PART IVCalculation and Distribution of Pools

Official Result

100 A steward or judge, as the case may be, shall

• (a) as soon as possible after the finish of a race, notify the pari-mutuel department of

  • (i) the unofficial result,

  • (ii) any objection or inquiry and the name of the horse or horses involved, and

  • (iii) the official result; and

• (b) at the request of an officer, confirm the official result in writing.

Payment to Receiver General

101 An association shall make the payment to the Receiver General pursuant to subsection 204(4) of the Act within seven days after receipt of an invoice indicating the dates and racecards for which payment is due.

Association’s Percentage

• 102 (1) For the purposes of subsection 204(6) of the Act, the maximum percentage that an association may deduct and retain in respect of any pool is 35 per cent of the total amount of money bet through the agency of its pari-mutuel system in respect of that pool.

• (2) Subject to subsection (2.1), an association may, in respect of any pool, deduct and retain the association’s percentage by

  • (a) deducting a single percentage from the total pool in accordance with the gross pricing method as referred to in paragraph 119(1)(a); or

  • (b) deducting a single percentage or a different percentage from the total pool in accordance with the net pricing method as referred to in paragraph 119(1)(b).

• (2.1) No association shall deduct and retain any percentage from any pool that exceeds the association’s percentage for the pool that is set out in its permit or authorization under section 90 or 95, as the case may be.

• (3) If an association proposes to change its percentage, it shall send a written notification of the proposed change to the Executive Director.

• (4) No association shall deduct and retain its revised percentage referred to in subsection (3) until five days after the notification referred to in that subsection has been received by the Executive Director.

Record of Calculations

• 103 (1) An association shall, for each pool offered on each race, make available the following information to an officer, on request:

  • (a) the amount of money bet;

  • (b) the official result and the winning horses or combinations;

  • (c) the pay-out prices;

  • (d) the amount of money bet on each winning horse or combination;

  • (e) the amount of money paid out for each winning horse or combination;

  • (f) the amount of money to be refunded;

  • (g) the amount of the association’s percentage;

  • (h) the amount of the deduction from each dollar bet authorized under a provincial enactment;

  • (i) the amount of the payment to the Receiver General;

  • (j) the amount of any cents retained by the association; and

  • (k) the total of the amounts referred to in paragraphs (e) to (j).

• (2) No association shall permit any change to be made to the amounts referred to in paragraphs (1)(a) to (k) unless the change is authorized in writing by an officer.

• (3) [Repealed, SOR/2011-169, s. 55]

Record of Tickets

104 An association shall maintain an up-to-date record of all outstanding tickets.

105 An association shall retain any ticket that was cashed after the end of the racing day during which it was issued until its destruction is authorized by an officer.

Refunds Generally

• 106 (1) An association shall make available for refund the value of all bets made in respect of a pool where

  • (a) the correct number and value of the bets cannot be determined;

  • (b) the correct number and value of the bets made on a horse or combination of horses cannot be determined;

  • (c) the manner of calculating the pay-out price is not prescribed by this Part or attached to the association’s permit; or

  • (d) the bets are cancelled or ordered permanently stopped by an officer.

• (2) In the case of inter-track betting or separate pool betting, if any of the circumstances described in subsection (1) occur at a satellite track, and a bet has been made, the association shall make available for refund the value of all bets made in respect of the pool at the satellite track.

• (3) In the case of inter-track betting or separate pool betting, if, at a satellite track, an association is unable to transmit the betting information in respect of a pool, the association shall make available for refund the value of all bets made at the satellite track in respect of that pool.

107 Subject to section 135 and subsection 143(2), an association shall make available for refund

• (a) the value of all types of bets where

  • (i) a race is cancelled,

  • (ii) a race is declared “no contest” pursuant to the applicable rules of racing,

  • (iii) a race is postponed beyond the racing card for which it was scheduled, or

  • (iv) [Repealed, SOR/99-360, s. 2]

  • (v) the running or the finish of a race cannot properly be judged pursuant to the applicable rules of racing;

• (b) the bets made on a horse that is scratched, where the horse

  • (i) is not part of an entry or a mutuel field, or

  • (ii) is part of an entry or a mutuel field and there is no other horse remaining in that entry or mutuel field;

• (c) all show bets, where the total number of separate betting entities in a race is less than four;

• (d) all place, quinella or triactor bets, where the total number of separate betting entities in a race is less than three;

• (e) any win or exactor bet, where the total number of separate betting entities in a race is less than two; and

• (f) all win, place, show, daily double, consolation double, quinella, exactor and triactor bets, where no winning bets are determined.

108 [Repealed, SOR/2003-218, s. 34]

109 Where the first race of a daily double is cancelled, or where the second race of a daily double is cancelled before the official result for the first race of the daily double has been posted, an association shall make available for refund the daily double bets.

• 110 (1) Subject to subsection (2), where a horse is scratched from the first race of a daily double or from the second race of a daily double before the official result for the first race of the daily double has been posted, an association shall make available for refund the bets made on that horse.

• (2) Subsection (1) does not apply where the horse that is scratched is part of an entry or mutuel field and at least one horse of that entry or mutuel field starts in the race.

Consolation Double

111 Where the second race of a daily double is cancelled after the official result for the first race of the daily double has been posted, an association shall pay out a consolation double, calculated in accordance with section 136, to the holder of a daily double ticket who selected the winning horse in the first race of that daily double.

• 112 (1) Subject to subsection (2), where a horse is scratched from the second race of a daily double after the official result for the first race of the daily double has been posted, an association shall pay out a consolation double, calculated in accordance with subsection 136(1) or 137(4) to the holder of a daily double ticket who selected the winning horse in the first race combined with the horse that is scratched in the second race.

• (2) Subsection (1) does not apply where a horse that is scratched is part of an entry or a mutuel field and at least one horse of that entry or mutuel field starts in the race.

Overpayments and Underpayments

• 113 (1) For the purpose of this section, an overpayment is the amount of money paid out to the holder of a winning ticket that is in excess of the correct pay-out price, and an underpayment is the amount of money paid out to the holder of a winning ticket that is less than the correct pay-out price.

• (2) Subject to subsection (3), no association shall offset any overpayment by an underpayment.

• (3) The Executive Director may approve the offsetting of an overpayment by an underpayment within the same race where the overpayment and the underpayment arise from the same cause.

• (4) An association shall add all money resulting from an underpayment to a pari-mutuel pool, not later than one year after the day on which the underpayment was incurred.

• (5) Where underpayments are added to a pool, they shall be added to the net pool.

Calculation of Legal Percentages, Pools and Pay-out Prices Generally

• 114 (1) [Repealed, SOR/2003-218, s. 36]

• (2) [Repealed, SOR/2011-169, s. 63]

• 115 (1) If a pay-out price is less than $1.05, an association shall, at its expense, pay not less than $1.05 per dollar bet to each holder of a winning bet.

• (2) Subsection (1) does not apply if the winning bet results from a refund in accordance with sections 106 to 110.

116 [Repealed, SOR/2011-169, s. 64]

117 An association shall immediately pay the pay-out price to the holder of a winning ticket at a location identified by the association.

118 If an association posts an incorrect pay-out price, as soon as it becomes aware that an error has been made, it shall

• (a) post the correct pay-out price;

• (b) inform the public of the change in the posted pay-out price; and

• (c) pay the correct pay-out price, including correcting all account-based bets.

• 119 (1) In calculating the pay-out price of any pool, including any pool that is a combination of corresponding pools, in foreign race inter-track betting, foreign race separate pool betting, inter-track betting or separate pool betting, an association may

  • (a) use the gross pricing method, where a single set of legal percentages is deducted from the total pool to determine the net pool; or

  • (b) use the net pricing method where a single set of legal percentages or different sets of legal percentages are deducted from the total pool to determine the net pool.

• (2) In calculating the pay-out price of any pool, an association shall

  • (a) add the value of all bets made on that pool to determine the pool;

  • (b) subtract from the result obtained under paragraph (a) the amount of any bets made that the association is required to make available for refund; and

  • (c) deduct the legal percentages from the result obtained under paragraph (b) to calculate the net pool in accordance with subsection (1).

• (3) Subject to subsections (5) and (6), for the calculation of the pay-out price of any pool, an association using the gross pricing method shall make the applicable calculations set out in sections 120 to 143.

• (4) Subject to subsections (5) and (6), for the calculation of the pay-out price of any pool, an association using the net pricing method shall make the applicable calculations set out in sections 120 to 143 and

  • (a) the value of the bets made on the winning horse, horses or combination, as the case may be, shall be the net value, determined by multiplying the value of those bets by the association’s net factor that is applicable to those bets; and

  • (b) the value of the pay-out price for each bet made on the winning horse shall be determined by multiplying the price that results from the applicable calculation done in accordance with sections 120 to 143, before the price is converted to a multiple of $.05 pursuant to subsection 204(6) of the Act, by the association’s net factor that is applicable to each winning bet.

• (5) Where the calculation of the pay-out price of any pool involves two or more horses of an entry or mutuel field, an association shall, in calculating that pay-out price

  • (a) for the purpose of apportioning the calculating pool, divide the calculating pool among all the horses entitled to it, treating, in the division, the horses of the entry or mutuel field so entitled as if they were separate horses; and

  • (b) for the purpose of determining the share of the calculating pool applicable to the entry or mutuel field, combine the portions of the calculating pool to which the horses of the entry or mutuel field referred to in paragraph (a) are entitled.

• (6) Where the calculation of the pay-out price of a win, place or show pool involves any horse that finishes in a dead heat in any of the first three positions in the official result, an association shall, for the purpose of reflecting the dead heat in the calculation of the applicable pay-out price, divide the portion of the calculating pool applicable to the dead heat equally among the horses that finished in the dead heat on which bets were made.

Calculation of Pay-out Price of Win Pools

• 120 (1) Subject to section 121, an association shall calculate the pay-out price of a win pool by dividing the net pool by the value of the win bets made on the horse that finishes in first place in the official result.

• (2) Where no win bets have been made on the horse that finishes in first place in the official result, an association shall calculate the pay-out price of a win pool by dividing the net pool by the value of the win bets made on the next horse in the official result on which win bets have been made.

121 Subject to section 122,

• (a) where two horses finish in a dead heat in first place in the official result, an association shall calculate the pay-out price of a win pool in accordance with section 123; and

• (b) where three horses finish in a dead heat in first place in the official result, an association shall calculate the pay-out price of a win pool in accordance with section 127.

122 Where two horses of the same entry or mutuel field finish in a dead heat in first place in the official result, an association shall calculate the pay-out price of the win pool in accordance with subsection 120(1).

Calculation of Pay-out Price of Place Pools

123 Subject to sections 124 to 126, an association shall calculate the pay-out price of a place pool by

• (a) deducting the value of the place bets made on the horses that finish first and second in the official result from the net pool to determine the calculating pool;

• (b) dividing the calculating pool equally between the horses that finish first and second in the official result;

• (c) dividing each horse’s portion of the calculating pool by the value of the place bets made on that horse; and

• (d) adding $1 to the quotients obtained pursuant to paragraph (c).

124 Where

• (a) place bets have been made on all but one of the horses that finish first and second in the official result,

• (b) only one horse finishes a race,

• (c) no place bets have been made on any of the horses that finish first and second in the official result, or

• (d) two or more horses of the same entry or mutuel field finish first and second or in a dead heat in first place in the official result,

an association shall calculate the pay-out price of a place pool in accordance with subsection 120(1), except that the net pool shall be divided by the value of the place bets made on

• (e) the horses referred to in paragraph (a) on which bets have been made,

• (f) the horse referred to in paragraph (b) that finishes the race,

• (g) the next horse in the official result after the horses referred to in paragraph (c), on which place bets have been made, or

• (h) the entry or mutuel field referred to in paragraph (d),

as the case may be.

125 Subject to section 126,

• (a) where two horses finish in a dead heat in first place in the official result, an association shall calculate the pay-out price of a place pool in accordance with section 123;

• (b) where three horses finish in a dead heat in first place in the official result, an association shall calculate the pay-out price of a place pool in accordance with section 127; and

• (c) where two or more horses finish in a dead heat in second place in the official result, an association shall calculate the pay-out price of a place pool in accordance with section 123, except that the calculating pool shall be divided in the following manner, namely,

  • (i) one half to the horse that finishes first, and

  • (ii) one half divided equally among the horses that finish in the dead heat in second place.

126 Where one horse of an entry or a mutuel field finishes first in the official result and another horse of the same entry or mutuel field finishes in a dead heat in second place in the official result with one or more other horses, an association shall calculate the pay-out price of a place pool in accordance with section 123, except that the calculating pool shall be divided in the following manner, namely,

• (a) one half to the horse that finishes first, and

• (b) one half divided equally among the horses that finish in the dead heat in second place,

and the portions allocated in paragraphs (a) and (b) to the two horses of the entry or mutuel field shall be combined.

Calculation of Pay-out Price of Show Pools

127 Subject to sections 128 to 132, an association shall calculate the pay-out price of a show pool by

• (a) deducting the value of the show bets made on the horses that finish first, second and third in the official result from the net pool to determine the calculating pool;

• (b) dividing the calculating pool equally among the horses that finish first, second and third in the official result;

• (c) dividing each horse’s portion of the calculating pool by the value of the show bets made on that horse; and

• (d) adding $1 to the quotients obtained pursuant to paragraph (c).

128 Where

• (a) show bets have been made on all but one of the horses that finish first, second and third in the official result, or

• (b) only two horses finish a race,

an association shall calculate the pay-out price of a show pool in accordance with section 123, except that the calculating pool shall be divided equally

• (c) among the horses referred to in paragraph (a) on which show bets have been made, or

• (d) between the two horses referred to in paragraph (b) that finish the race,

and each horse’s portion of the calculating pool shall be divided by the value of the show bets made on that horse.

129 Where two horses of the same entry or mutuel field finish

• (a) first and second in the official result,

• (b) first and third in the official result, or

• (c) second and third in the official result,

an association shall calculate the pay-out price of a show pool by dividing the calculating pool in the following manner, namely,

• (d) two thirds to the two horses of the entry or mutuel field that finish first and second, first and third or second and third, and

• (e) one third to the other horse that finishes first, second or third,

and the total value of the show bets

• (f) on the entry or mutuel field shall be divided into the two-thirds portion of the calculating pool referred to in paragraph (d), and

• (g) on the other horse shall be divided into the one-third portion of the calculating pool referred to in paragraph (e).

130 Where

• (a) show bets have been made on all but two of the horses that finish first, second and third in the official result,

• (b) only one horse finishes a race,

• (c) no show bets have been made on the three horses that finish first, second and third in the official result,

• (d) three or more horses of the same entry or mutuel field finish first, second and third in the official result, or

• (e) two horses of the same entry or mutuel field finish first, second or third in the official result and no show bets have been made on the other horse that finishes first, second or third in the official result,

an association shall calculate the pay-out price of a show pool in accordance with subsection 120(1), except that the net pool shall be divided by the value of the show bets made on

• (f) the horses referred to in paragraph (a) on which bets have been made

• (g) the horse referred to in paragraph (b) that finishes the race,

• (h) the next horse in the official result after the horses referred to in paragraph (c), on which show bets have been made, or

• (i) the entry or mutuel field referred to in paragraph (d) or (e),

as the case may be.

131 Subject to section 132,

• (a) where

  • (i) two horses finish in a dead heat in first or second place in the official result, or

  • (ii) three horses finish in a dead heat in first place in the official result,

  an association shall calculate the pay-out price of a show pool in accordance with section 127;

• (b) where three or more horses finish in a dead heat in second place in the official result, an association shall calculate the pay-out price of a show pool in accordance with section 127, except that the calculating pool shall be divided in the following manner, namely,

  • (i) one third to the horse that finishes first, and

  • (ii) two thirds divided equally among the horses that finish in a dead heat in second place; and

• (c) where two or more horses finish in a dead heat in third place in the official result, an association shall calculate the pay-out price of a show pool in accordance with section 127, except that the calculating pool shall be divided in the following manner, namely,

  • (i) one third to each of the horses that finish first and second, and

  • (ii) one third divided equally among the horses that finish in a dead heat in third place.

• 132 (1) Where one horse of an entry or a mutuel field finishes first in the official result and a second horse of the same entry or mutuel field finishes in a dead heat in second place in the official result with another horse, an association shall calculate the pay-out price of a show pool in accordance with paragraphs 129(d) to (g).

• (2) Where one horse of an entry or a mutuel field finishes in a dead heat with another horse in third place in the official result and a second horse of the same entry or mutuel field finishes in either first or second place in the official result, an association shall calculate the pay-out price of a show pool in accordance with section 127, except that the calculating pool shall be divided in the following manner, namely,

  • (a) one third to each of the horses that finish first and second, and

  • (b) one third divided equally between the two horses that finish in a dead heat in third place,

  and the portions allocated in paragraphs (a) and (b) to the two horses of the entry or mutuel field shall be combined.

• (3) Where two horses of an entry or a mutuel field finish first and second in the official result and a third horse of the same entry or mutuel field finishes in a dead heat with another horse in third place in the official result, an association shall calculate the pay-out price of a show pool in accordance with section 127, except that the calculating pool shall be divided in the following manner, namely,

  • (a) one third to each of the horses that finish first and second, and

  • (b) one third divided equally between the two horses that finish in a dead heat in third place,

  and the portions allocated in paragraphs (a) and (b) to the three horses of the entry or mutuel field shall be combined.

Calculation of Pay-out Price of Daily Double Pools and Consolation Doubles

133 Subject to subsection 134(2), section 135, subsection 136(2) and section 137, an association shall calculate the pay-out price of a daily double pool by dividing the net pool by the value of the bets made that combine the winning horses in each of the two races of the daily double.

• 134 (1) Where no daily double bets have been made on the winning horse of the first race of a daily double, the next horse in the official result on which daily double bets have been made shall be deemed to be the winning horse in that race, and for the purposes of the daily double pool any daily double bets on that horse shall be deemed to be winning bets on the first race of the daily double.

• (2) Where, in respect of the second race of a daily double, no daily double bets have been made that combine the winning horse in the first race of a daily double with the winning horse in the second race of the daily double, an association shall calculate the pay-out price of a daily double pool by dividing the net pool by the value of the bets made that combine the winning horse in the first race with the next horse in the official result, on which bets have been made in the second race of the daily double.

135 Where

• (a) an association has posted the official result of the first race of a daily double and the second race of a daily double

  • (i) is cancelled,

  • (ii) is declared “no contest” pursuant to the applicable rules of racing,

  • (iii) is postponed beyond the racing card for which it is scheduled, or

  • (iv) cannot properly be judged pursuant to the applicable rules of racing,

• (b) no daily double bets have been made that combine the winning horse in the first race of a daily double with any horse that finishes the second race of the daily double, or

• (c) no horses finish the second race of a daily double,

an association shall calculate the pay-out price of a daily double pool in accordance with subsection 120(1), except that the net pool shall be divided by the value of the daily double bets made on the horse that finished first in the official result of the first race of the daily double.

• 136 (1) An association shall calculate a consolation double by dividing the net pool by the value of the daily double bets made on the winning horse in the first race of the daily double.

• (2) Where, after the official result of the first race of a daily double is posted, a horse, entry or mutuel field in the second race of the daily double is scratched, the association shall calculate the pay-out price of the daily double pool by

  • (a) multiplying the quotient obtained in subsection (1) by the value of the bets made that combine the winning horse in the first race with the horse, entry or mutuel field that was scratched from the second race;

  • (b) deducting the product obtained pursuant to paragraph (a) from the net pool; and

  • (c) dividing the second net pool obtained pursuant to paragraph (b) by the value of the bets made on the winning combination.

• 137 (1) Where two or more horses finish in a dead heat for first place in the official result of one or both of the first or second races of a daily double, the bets made that combine the winning horse or any of the winning horses in the first race of the daily double with the winning horse or any of the winning horses in the second race of the daily double shall be considered bets on the winning combinations.

• (2) Where a dead heat described in subsection (1) occurs, an association shall calculate the pay-out price of a daily double pool by

  • (a) deducting the value of the bets made on the winning combinations from the net pool to determine the calculating pool;

  • (b) dividing the calculating pool into as many equal portions as there are winning horses in the first race on which bets on winning combinations have been made and allocating those portions to each winning horse;

  • (c) dividing each portion allocated under paragraph (b) into as many equal portions as there are winning horses in the second race on which bets on winning combinations have been made and allocating those portions to each winning combination;

  • (d) dividing each portion allocated pursuant to paragraph (c) by the value of the bets made on the applicable winning combination; and

  • (e) adding $1 to the quotients obtained pursuant to paragraph(d).

• (3) Where a dead heat described in subsection (1) occurs and there are no bets made that combine the winning horse or any of the winning horses in the first race of a daily double with the winning horse or any of the winning horses in the second race of the daily double, an association shall calculate the pay-out price of the daily double pool in accordance with subsection (2), except that

  • (a) the bets made that combine any of the winning horses in the first race with the horse in the second race that finishes next after the winning horse or horses in the official result shall be considered a winning combination; and

  • (b) where no bets have been made that combine the winning horse or horses in the first race with any horse that finishes the second race, the bets that combine the horse in the first race that finishes next after the winning horse or horses in the official result with any of the winning horses in the second race shall be considered a winning combination.

• (4) Where two or more horses finish in a dead heat in first place in the official result of the first race of a daily double, an association shall calculate the respective consolation doubles by

  • (a) deducting the value of the daily double bets made on the horses that finish first in the official result of the first race from the net pool to determine the calculating pool;

  • (b) dividing the calculating pool into as many equal portions as there are winning horses in the first race;

  • (c) allocating the portion obtained under paragraph (b) to each winning horse in the first race;

  • (d) dividing each portion allocated under paragraph (c) by the value of the bets made on each winning horse in the first race; and

  • (e) adding $1 to the quotients obtained pursuant to paragraph (d).

• (5) Where a dead heat described in subsection (1) occurs and, after the official result of the first race of the daily double is posted, a horse, entry or mutuel field in the second race is scratched, an association shall calculate the pay-out price of a daily double pool in accordance with subsection (2), except that the net pool shall be reduced by the sum of the products obtained from multiplying the amount of money bet on the combination of each winning horse in the first race with the scratched horse, entry or mutuel field in the second race by the respective consolation double calculated pursuant to subsection (4).

Calculation of Pay-out Prices of Exactor, Quinella and Triactor Pools

138 For the purposes of sections 139 to 142,

• (a) the order of positions in which horses finish a race is based on the official result;

• (b) the number of a position that is not preceded by any other position is one;

• (c) the number of any position that immediately follows another position is the number of that other position plus one;

• (d) the first position is considered to be the highest of all positions;

• (e) where horses finish a race in a dead heat in any position, all of them are considered to finish the race in that position;

• (f) where two or more horses from the same entry or mutuel field finish a race, each of those horses is considered to finish the race in a dead heat in the highest position in which any horse from that entry or mutuel field finishes the race;

• (g) in the situation described in paragraph (f), no position may be recognized for the purposes of determining the order of positions if no horse is considered to finish a race in that position; and

• (h) for the purpose of determining the number of horses that finish a race in a dead heat in any position and of determining any winning bet, horses from the same entry or mutuel field are considered to be one horse.

139 An association shall calculate the pay-out price in respect of winning quinella, exactor and triactor bets determined under sections 140 to 142 as follows:

• (a) where there is one combination of horses, by dividing the net pool by the value of the winning quinella, exactor or triactor bets in which that combination is selected; and

• (b) where there are two or more combinations of horses, by

  • (i) deducting the value of the winning quinella, exactor or triactor bets in which those combinations are selected from the net pool to determine a calculating pool,

  • (ii) dividing the calculating pool equally between or among those combinations,

  • (iii) dividing each combination’s portion of the calculating pool by the sum of the winning quinella, exactor or triactor bets in which the combination is selected, and

  • (iv) adding $1 to each quotient obtained under subparagraph (iii).

• 140 (1) Where two or more horses finish a race in a dead heat in first position, a winning quinella bet is one in which any two of those horses are selected in either order.

• (2) Where one horse finishes a race in first position and one or more horses finish the race in second position, a winning quinella bet is one in which the horse that finishes the race in first position and any horse that finishes the race in second position are selected, in either order.

• (3) In the situation described in subsection (1), where a winning quinella bet cannot be determined because no bet is made on the horses referred to in that subsection, a winning quinella bet is one in which any horse that finishes the race in a dead heat in first position is selected as first or second.

• (4) In the situation described in subsection (2), where a winning quinella bet cannot be determined because no bet is made on the horses referred to in that subsection, a winning quinella bet is one in which the horse that finishes a race in first position or any horse that finishes the race in second position is selected as first or second.

• (5) Where one horse finishes a race, a winning quinella bet is one in which that horse is selected as first or second.

• (6) For the purpose of calculating the pay-out price under section 139,

  • (a) combinations of the same horses in the winning quinella bets determined under subsection (1) or (2) are considered to be one combination notwithstanding the order in which those horses are selected in each bet; and

  • (b) combinations of horses in the winning quinella bets determined under subsection (3), (4) or (5) in which the same horse is selected as first or second are considered to be one combination.

• 141 (1) Where two or more horses finish a race in a dead heat in first position, a winning exactor bet is one in which any two of those horses are selected in either order.

• (2) Where one horse finishes a race in first position and one or more horses finish the race in second position, a winning exactor bet is one in which the horse that finishes the race in first position and any horse that finishes the race in second position are selected in the order of finish.

• (3) In the situation described in subsection (1) or (2), where a winning exactor bet cannot be determined because no bet is made on the horses referred to in that subsection, a winning exactor bet is one in which a horse that finishes the race in first position is selected as first.

• (4) Where one horse finishes a race, a winning exactor bet is one in which that horse is selected as first.

• (5) For the purpose of calculating the pay-out price under section 139,

  • (a) combinations of the same horses in the winning exactor bets determined under subsection (1) are considered to be different combinations unless those horses are selected in the same order in each bet; and

  • (b) combinations of horses in the winning exactor bets determined under subsection (3) or (4) in which the same horse is selected as first are considered to be one combination.

• 142 (1) Where three or more horses finish a race in a dead heat in first position, a winning triactor bet is one in which three of those horses are selected in any order.

• (2) Where two horses finish a race in a dead heat in first position and one or more horses finish the race in second position, a winning triactor bet is one in which

  • (a) the horses that finish the race in a dead heat in first position are selected as first and second, in either order; and

  • (b) any horse that finishes the race in second position is selected as third.

• (3) Where one horse finishes a race in first position and two or more horses finish the race in second position, a winning triactor bet is one in which

  • (a) the horse that finishes the race in first position is selected as first; and

  • (b) two horses that finish the race in second position are selected as second and third, in either order.

• (4) Where three or more horses finish a race, and one horse finishes the race in first position and one horse finishes the race in second position, a winning triactor bet is one in which the horse that finishes the race in first position, the horse that finishes the race in second position and any horse that finishes the race in third position are selected in the order of finish.

• (5) In the situation described in subsection (1) or (2), where a winning triactor bet cannot be determined because no bet is made on the horses referred to in that subsection, a winning triactor bet is one in which two horses that finish the race in a dead heat in first position are selected as first and second, in either order.

• (6) In the situation described in subsection (3) or (4), where a winning triactor bet cannot be determined because no bet is made on the horses referred to in that subsection, a winning triactor bet is one in which the horse that finishes the race in first position and any horse that finishes the race in second position are selected in the order of finish.

• (7) In the situation described in subsection (5) or (6), where a winning triactor bet cannot be determined because no bet is made on the horses referred to in that subsection, a winning triactor bet is one in which any horse that finishes the race in first position is selected as first.

• (8) Where two horses finish a race in a dead heat, a winning triactor bet is one in which those two horses are selected as first and second, in either order.

• (9) Where two horses finish a race other than in a dead heat, a winning triactor bet is one in which those two horses are selected as first and second, in the order of finish.

• (10) Where one horse finishes a race, a winning triactor bet is one in which that horse is selected as first.

• (11) For the purpose of calculating the pay-out price under section 139,

  • (a) combinations of the same horses in the winning triactor bets, determined under subsection (1), (2) or (3), are considered to be different combinations unless those horses are selected in the same order in each bet;

  • (b) combinations of horses in the winning triactor bets, determined under subsection (5), (6), (8) or (9), in which the same horses are selected as first and second

    • (i) in the same order, are considered to be one combination, or

    • (ii) not in the same order, are considered to be different combinations; and

  • (c) combinations of horses in the winning triactor bets, determined under subsection (7) or (10), in which the same horse is selected as first, are considered to be one combination.

Other Pari-Mutuel Pools

• 143 (1) If an association proposes to offer a type of bet that is not described in this Part, the bet may be offered if

  • (a) the bet is a pari-mutuel bet described in Chapter 4, under ARCI 004-105 of the document entitled Model Rules of Racing, published by the Association of Racing Commissioners International, as amended from time to time;

  • (b) subject to subsection (2), the bet is in compliance with the Act and any other Act of Parliament or legislature and any regulation made under it;

  • (c) the association provides to the Executive Director a description of the proposed type of bet;

  • (d) the type of bet meets the requirements of section 15 and is included in the association’s permit; and

  • (e) the association’s operation of the bet conforms to the description of the bet in the permit.

• (2) A bet referred to in paragraph (1)(a) is not required to comply with the requirements of section 107.

144 to 147 [Repealed, SOR/98-242, s. 4]

PART VEquine Drug Control Program

148 [Repealed, SOR/2000-163, s. 6]

Prohibition

149 No person who undertakes activities relating to an equine drug control program shall own or operate a race-course or own or manage a race-horse.

Retention Area

• 150 (1) An association that has an equine drug control program shall provide a retention area on its premises for the activities relating to the program.

• (2) While a retention area is being used by persons who are undertaking activities relating to an equine drug control program, an association shall

  • (a) limit entry to the area to

    • (i) those persons,

    • (ii) officers, and officials of a Commission or the association, in the performance of their duties,

    • (iii) the owner or trainer of a horse chosen to undergo a test pursuant to subsection 161(1),

    • (iv) persons that are authorized by a test inspector, and

    • (v) horses selected for testing; and

  • (b) ensure that only equipment used on the racing strip or for controlling or caring for the horse after the race, including buckets, sponges, scrapers and horse blankets are brought into the retention area.

151 to 155 [Repealed, SOR/2000-163, s. 9]

156 [Repealed, SOR/2011-169, s. 73]

157 and 158 [Repealed, SOR/2000-163, s. 11]

Owners and Trainers

• 159 (1) Where a horse is chosen to undergo a test pursuant to subsection 161(1) and the owner or trainer of the horse has been notified pursuant to paragraph 161(2)(a), the owner or trainer shall immediately take the horse to a test inspector in the retention area.

• (2) For the purposes of this Part, the owner or trainer of a horse may designate a representative.

• (3) A representative designated under subsection (2) is deemed, for the purposes of this Part, to be the owner or trainer of the horse.

• (4) The owner or trainer of a horse chosen to undergo a test may

  • (a) witness the collection of the official sample;

  • (b) witness the sealing and identification of the official sample container; and

  • (c) sign the documentation that accompanies the official sample.

• (5) [Repealed, SOR/2000-163, s. 12]

Official Samples

160 An official sample collected pursuant to these Regulations is the property of Her Majesty in right of Canada.

• 161 (1) A steward or judge, as the case may be, a veterinarian designated by the appropriate Commission or an officer may choose any horse that is entered in a race to undergo a test

  • (a) where the horse is not on an EIPH list, within two hours before the post time of the race;

  • (b) where the horse is on an EIPH list, within five hours before the post time of the race; or

  • (c) after the race has been run and before the horse leaves the racing strip.

• (2) A person who chooses a horse pursuant to subsection (1) shall immediately

  • (a) notify the owner or trainer of the horse that the horse has been chosen to undergo a test; and

  • (b) inform a test inspector of the name of the horse.

• (3) An association shall have available the means to notify the owner or trainer of a horse that his or her horse has been chosen to undergo a test after the race has been run and before the horse leaves the racing strip.

• 162 (1) When a person other than a test inspector collects an official sample, the person shall, under the supervision of a test inspector,

  • (a) use approved paraphernalia provided by a test inspector;

  • (b) ensure that the official sample container is visible to the test inspector at all times; and

  • (c) sign the documentation that accompanies the official sample.

• (2) No person shall remove a horse that has been chosen to undergo a test from a retention area unless authorized to do so by the test inspector supervising the collection.

163 and 164 [Repealed, SOR/2000-163, s. 15]

165 On completion of an analysis of an official sample, an official chemist shall classify the official sample as positive and issue a certificate of positive analysis if he or she has determined that

• (a) with respect to a drug set out in section 1 of the schedule,

  • (i) for any drug other than furosemide in respect of any horse, or for furosemide in respect of a horse that is not on an EIPH list, the drug is present in the official sample, or

  • (ii) for furosemide in respect of a horse that is on an EIPH list, furosemide is not present in the official sample of urine or it is present in the official sample of blood in a quantity indicating that furosemide was administered to the horse otherwise than in the manner set out in paragraph 170.1(1)(e);

• (b) with respect to a drug set out in section 2 of the schedule, the drug is present in the official sample in a concentration that exceeds the quantitative limit set out for the drug in that section; and

• (c) with respect to a drug set out in section 3 of the schedule,

  • (i) if the owner or trainer complies with section 170, the drug is present in the official sample in a concentration that exceeds the quantitative limit set out for the drug in section 3 of the schedule, or

  • (ii) if the owner or trainer does not comply with section 170, the drug is present in the official sample.

166 [Repealed, SOR/2000-163, s. 17]

167 Unless otherwise authorized by the Executive Director, an official chemist shall not disclose the details of any analysis to anyone other than the Executive Director, an officer or an official of the appropriate Commission.

168 and 169 [Repealed, SOR/2000-163, s. 18]

Statement and sample

170 With respect to a drug set out in section 3 of the schedule and administered to a horse entered in a race at a race-course, the owner or trainer of the horse shall provide a test inspector

• (a) at the race-course, not later than one half hour before the post time of the race in which the horse is entered, with a statement signed by the horse’s veterinarian or trainer that identifies the horse, including its sex, and the race in which it is entered and indicates the brand name, generic name, route of administration, dosage and time of the last administration of the drug to the horse; and

• (b) immediately after the race, if the horse has been chosen to undergo a test, with an official sample collected in accordance with section 162.

EIPH Program

• 170.1 (1) Where an exercise-induced pulmonary hemorrhage (EIPH) program for horses, established by the appropriate Commission, is implemented at a race-course of an association, the Executive Director shall, subject to the other requirements of these Regulations, approve pari-mutuel betting at that race-course where the Commission, at that race-course,

  • (a) establishes and maintains an up-to-date EIPH list and provides the test inspector with a copy of it at the beginning of every racing card;

  • (b) ensures that any horse on the EIPH list remains on that list for a period of at least 100 days;

  • (c) maintains an accurate medication record in respect of every horse on the EIPH list;

  • (d) prohibits any horse on the EIPH list from racing after a recurrence of bleeding during or after a race that is confirmed by a veterinarian designated by the appropriate Commission, for a minimum period of

    • (i) 14 consecutive days after that recurrence,

    • (ii) 90 consecutive days after the second recurrence, and

    • (iii) 365 consecutive days after the third recurrence;

  • (e) verifies that any horse on the EIPH list receives the drug furosemide, in an amount not less than 150 mg and not more than 250 mg, intravenously, four hours plus or minus fifteen minutes before the post time of the race in which the horse is entered;

  • (f) ensures that any horse on the EIPH list that did not receive the drug furosemide in accordance with paragraph (e) is scratched;

  • (g) where any horse on the EIPH list did not receive the drug furosemide, as evidenced by the absence of that drug in an analysis of an official sample of urine collected from that horse, prohibits the horse from racing for a minimum period of 14 consecutive days; and

  • (h) ensures that an officer is given, on request, access to records maintained for the EIPH list.

• (1.1) For the purposes of paragraph (1)(a), the Commission shall add a horse to the list if the following conditions are met:

  • (a) the owner or trainer of the horse and the consulting veterinarian licensed by the appropriate Commission have determined that it would be in the horse’s best interest to be placed on the list; and

  • (b) the veterinarian designated by the appropriate Commission has endorsed that determination.

• (2) Where a horse on an EIPH list is chosen to undergo a test pursuant to subsection 161(1), the owner or trainer of the horse shall provide a test inspector, immediately after the race, with an official sample of blood collected in accordance with section 162.

170.2 [Repealed, SOR/2011-169, s. 77]

Prohibitions

171 No person shall

• (a) administer or permit the administration of a drug to a horse that is entered in a race in such a manner that a certificate of positive analysis would be issued under section 165 with respect to that horse;

• (b) tamper with a horse before, during or after a race in such a manner as to interfere with the collection or analysis of an official sample;

• (c) unless otherwise permitted by a test inspector or a veterinarian designated by the appropriate Commission, administer, after a race, anything except drinking water to a horse that has been chosen to undergo a test under subsection 161(1), until the horse is discharged;

• (d) interfere with the work of any person who is undertaking activities relating to an equine drug control program;

• (e) interfere with the collection or analysis of an official sample;

• (f) substitute another horse for any horse that has been chosen to undergo a test pursuant to subsection 161(1); or

• (g) substitute or misrepresent the contents of an official sample container.

172 [Repealed, SOR/2000-163, s. 21]