Rules by Commission for racing
14. (1) Rules for the conduct of horse racing may be promulgated by the Commission under this Act and the Commission may therein delegate to stewards, judges, veterinarians, race track officials, racing association officials, licensing agents or officers of the Commission such of the following powers as the Commission considers expedient, (a) to hold hearings relating to the carrying out of its objects or powers; (b) to enforce the carrying out and observance of all regulations, rules and conditions established under this Act; (c) to license owners, trainers, drivers, jockeys, apprentice jockeys, grooms, jockeys’ agents, jockeys’ valets, exercise riders, tradespersons and such other persons in or about race tracks at which horse racing in any of its forms is carried on; (d) to collect fees or other charges for licences; (e) to impose and collect fines and other penalties for a contravention of any requirement of the Commission under this Act. R.S.O. 1990, c. R.2, s. 14 (1). Adoption by reference and delegation of powers (2) The Commission may adopt by reference, in whole or in part, with such changes as the Commission considers necessary, rules and procedures of racing associations or bodies and may delegate to racing associations or bodies the power to, (a) enforce the carrying out and observance of the rules and procedures as adopted or amended; (b) hold hearings in respect of the contravention of any of the rules or procedures; and (c) impose and collect fines, costs and other penalties for the contravention of any of the rules or procedures, and where a power has been so delegated to a racing association or body, it shall have the right to exercise discretion or judgment in relation to the powers delegated. R.S.O. 1990, c. R.2, s. 14 (2). Power to summon (3) Every person, association or body to whom a power to hold hearings has been delegated under subsection (1) or (2), may by summons require any person to give evidence on oath and to produce such documents and things as may be required for purposes of a hearing. R.S.O. 1990, c. R.2, s. 14 (3). Aggrieved person entitled to a hearing (4) Subject to subsection (6), any person who considers themself aggrieved by a decision of a person delegated by the Commission under a rule made under subsection (1) or by a decision resulting from a hearing held pursuant to a delegation under subsection (2), is entitled to a hearing by the Commission and, in the case of a hearing, the Commission may exercise its powers and duties under section 10 as if such powers and duties had not been delegated. R.S.O. 1990, c. R.2, s. 14 (4); 1993, c. 27, Sched. Penalty (5) Where the Commission, after holding a hearing, is of the opinion that the request for the hearing was frivolously made, the Commission may order the person requesting the hearing to pay to the Commission a penalty of not more than $300 in addition to any other penalty that may be imposed. R.S.O. 1990, c. R.2, s. 14 (5). Appeals prior to hearing by Commission (6) Where the rules of the Commission, promulgated or adopted, provide for an appeal to an association or body, any person who considers themself aggrieved shall appeal in accordance with the rules before applying to the Commission for a hearing under subsection (4). R.S.O. 1990, c. R.2, s. 14 (6); 1993, c. 27, Sched. Orders or rules to be administrative (7) Any order or rule issued or made by the Commission under this Act shall be deemed to be of an administrative and not of a legislative nature. R.S.O. 1990, c. R.2, s. 14 (7). Quorum (8) One member of the Commission constitutes a quorum for the purposes of a hearing under subsection (4). 1994, c. 27, s. 97. Commission may review decision (9) The Commission may, on its own motion, review any decision made by a racing association or body pursuant to a power delegated under subsection (2) and may, after affording the parties an opportunity to be heard, confirm the decision reviewed or substitute its own decision in lieu thereof. R.S.O. 1990, c. R.2, s. 14 (9). ______________ Français