Part 2, Section 13 | HORSE RACING ALBERTA ACT | RSA 2000 | Chapter H-11.3
Part 2 - Horse Racing
Licensing
13 The Corporation may require that the following persons be licensed by the Corporation:
(a) persons who operate race tracks;
(b) persons who carry out licensed activities other than the operation of race tracks;
(c) racing officials;
(d) racing participants.
1996 cR-1.5 s13
Prohibition
14 (1) A person shall not carry out, attempt to carry out or purport to carry out a licensed activity in respect of which a licence is required under this Act unless that person is licensed under this Act to carry out that licensed activity.
(2) A person shall not carry out, attempt to carry out or purport to carry out an activity of a racing official unless that person is appointed by the Corporation as a racing official.
(3) A person shall not carry out, attempt to carry out or purport to carry out an activity of a racing participant in respect of which a licence is required under this Act unless that person is licensed under this Act as a racing participant for the purposes of carrying out that activity.
(4) Where a person is licensed under this Act to carry out an activity in respect of which a licence is required under this Act, that person shall not carry out, attempt to carry out or purport to carry out that activity during the time that the person’s licence is suspended or otherwise not in force.
1996 cR-1.5 s14
Trainer of record
15 (1) The Corporation may require that the owner of a race horse register with the Corporation the name of a person who is the trainer of record for that race horse.
(2) The Corporation may prohibit the racing of a race horse if no trainer of record has been registered with the Corporation for that race horse.
(3) Subject to the rules, the trainer of record for a race horse is deemed to be responsible in respect of that race horse for any matter prescribed under the rules.
(4) Subject to the rules, where a contravention of this Act occurs with respect to a race horse, the trainer of record for that race horse is liable for that contravention and is subject to any penalty, sanction or direction that may be made in respect of that contravention.
(5) Nothing in subsection (3) or (4) shall be construed so as to remove or limit the liability of any other person who may be liable for a contravention of this Act with respect to a race horse.
1996 cR-1.5 s15
Ongoing inspections, etc.
16 (1) For any purpose referred to in subsection (2), a racing official designated under subsection (3) may, during any hours that are reasonable in the circumstances, from time to time or at any specific time
(a) on, at or near a race track carry out inspections of
(i) race horses,
(ii) buildings, areas, receptacles or facilities,
(iii) vehicles,
(iv) racing participants,
(v) veterinarians, analysts and other persons employed or carrying out work at a race track, and
(vi) any documents, records, objects and things used in respect of race horses or the conduct of horse racing;
(b) on, at or near a race track, on demand, take samples of fluids, material, substances and objects from or used in respect of race horses;
(c) on, at or near a race track, on demand, take samples of breath and body fluids from racing participants;
(d) carry out inspections of
(i) off track wagering facilities,
(ii) facilities at which the simulcast of horse racing takes place, and
(iii) any documents, records, objects and things used in respect of off track wagering facilities or the simulcast of horse racing.
(2) A racing official may act under subsection (1) for the purposes of
(a) administering this Act,
(b) fostering compliance with this Act,
(c) fostering the safety and health of race horses and persons engaged in horse racing, and
(d) fostering the fair and proper conduct of horse racing and the protection of the public.
(3) The Corporation may designate those racing officials who may carry out inspections and other functions and duties under subsection (1).
1996 cR-1.5 s16
Searches, etc.
17 (1) A racing official designated under subsection (3) may do one or more of the things referred to in subsection (2) if the racing official suspects that
(a) the safety or health of a race horse is in jeopardy,
(b) a substance that is prohibited under the rules or any enactment has been administered to a race horse,
(c) a race horse has been fitted with or had implanted on or in the race horse a device of any nature that is prohibited under the rules or any enactment,
(d) a horse race has been conducted in a manner not authorized under the rules,
(e) any object or equipment has been used in respect of a race horse or a horse race that is prohibited under the rules or does not comply with the rules,
(f) any improper activity has taken place in respect of the handling of a race horse or the conduct of a horse race, or
(g) any person has engaged in any other activity for which a person’s licence may be suspended or revoked or a sanction or penalty may be imposed under this Act.
(2) If subsection (1) applies, the racing official, during any hours that are reasonable in the circumstances, may on, at or near a race track do one or more of the following:
(a) conduct a search
(i) of any building, area, receptacle, facility or vehicle that relates to any matter referred to in subsection (1), and
(ii) of any person who may have been involved in any matter referred to in subsection (1);
(b) conduct a search of or in respect of any race horse;
(c) seize any document, record, object or thing that relates to any matter referred to in subsection (1) or that is used in respect of a race horse or a horse race.
(3) The Corporation may designate those racing officials who may carry out searches and seizures under subsection (1).
1996 cR-1.5 s17
Investigations, etc.
18 (1) A racing official designated under subsection (3) may conduct an investigation and hearing into any matter where the racing official or an employee or agent of the Corporation is of the opinion that a person has or is suspected by that racing official, employee or agent of having
(a) failed to comply with or contravened this Act, or
(b) carried out an activity or acted in a manner that is prejudicial to the best interests of horse racing,
for which a licence may be suspended or revoked or other penalties or sanctions may be imposed under the rules.
(2) For the purposes of conducting an investigation and hearing, a racing official may exercise, in respect of the investigation and hearing, the same powers as may be exercised by the Appeal Tribunal under section 28 when conducting an appeal.
(3) The Corporation may designate those racing officials who may conduct investigations and hearings under subsection (1).
1996 cR-1.5 s18
Hindering of officials
19 No person shall hinder the Corporation, a racing official or any employee or agent of the Corporation from carrying out any functions or duties permitted or required under this Act.
1996 cR-1.5 s19
Non-compliance
20 (1) Any contravention of or failure to comply with this Act by a person does not constitute an offence.
(2) Where, in the opinion of a racing official, a person
(a) has failed to comply with or has contravened this Part or a rule made under this Part, or
(b) has carried out an activity or acted in a manner that is prejudicial to the best interests of horse racing,
that non-compliance, contravention, activity or act is grounds on which, subject to the rules,
(c) a licence issued to that person under this Act may be suspended or revoked;
(d) a sanction may be imposed on that person;
(e) a monetary penalty may be imposed on that person.
(3) Any monetary penalty imposed under this Act is a debt owing to the Corporation.
1996 cR-1.5 s20
Court order
21 (1) If a person
(a) when not licensed, carries on a licensed activity for which a licence is required under this Act,
(b) carries on a licensed activity while that person’s licence is suspended or otherwise not in force,
(c) in any manner hinders the Corporation, a racing official or any employee or agent of the Corporation from carrying out any activity or duty permitted or required under this Act, or
(d) fails to comply with a sanction or penalty imposed under this Act,
the Corporation may by an originating notice apply to the Court of King’s Bench for an order under subsection (2).
(2) If subsection (1) applies, the Court may, with respect to a person referred to in subsection (1), make an order doing one or more of the following:
(a) directing the person to stop carrying out the licensed activity;
(b) directing the person to stop hindering the carrying out of the activity or duty by the Corporation, racing official, employee or agent;
(c) directing the person to comply with the sanction or penalty;
(d) giving any other direction, including the payment of costs, that the Court considers appropriate.
(3) On the filing of an originating notice with the clerk of the Court of King’s Bench, the Court may, if it considers it necessary in the circumstances, hear an interim application on 2 days’ notice and make an interim order granting such relief as the Court considers appropriate pending the determination of the application.
(4) An interim order under subsection (3) may be made ex parte if the Court considers it appropriate to do so in the circumstances.
RSA 2000 cR-1 s21;2009 c53 s82;AR 217/2022
Rules
22 (1) The Corporation may make rules
(a) defining, for the purposes of this Act, any term that is not otherwise defined by this Act;
(b) prescribing activities, in addition to those referred to in section 1(1)(d), as licensed activities;
(c) designating persons, in addition to those specified in section 1(1)(j), as racing officials;
(d) designating persons, in addition to those specified in section 1(1)(k), as racing participants;
(e) governing the licensing of persons under this Act and the suspension, revocation and reinstatement of licences and designating the persons or class of persons who may issue, suspend, revoke or reinstate licences;
(f) governing the imposing of conditions under which a licence is issued, including the right to search the licensee and property of the licensee;
(g) establishing, in any amounts considered appropriate by the Corporation, fees or other charges
(i) for any licences issued under this Act,
(ii) for any services provided by the Corporation,
(iii) in respect of horse racing,
(iv) in respect of any activities carried out by the Corporation, and
(v) in respect of any matter that relates to the administration of this Act or the carrying out of the objects of the Corporation;
(h) governing the fees and charges referred to in clause (g);
(i) governing the allocation of racing days for the conduct of horse racing and the simulcast of horse racing;
(j) governing the conduct of horse races;
(k) governing the simulcast of horse racing;
(l) governing the operation of race tracks;
(m) prescribing or restricting any matter in respect of a race horse or the racing of a race horse for which the trainer of record is responsible;
(n) requiring horse breed registries to make rules establishing the qualifications for accredited race horses bred in Alberta for the purposes of promoting, developing and improving the breeding of race horses in Alberta;
(o) governing the criteria that must be met by rules made by horse breed registries under clause (n);
(p) governing substances that may be administered to a race horse;
(q) prohibiting the administering of substances to a race horse;
(r) governing devices that may be fitted to or implanted in a race horse;
(s) prohibiting the fitting to or the implanting of a device in a race horse;
(t) governing objects and equipment that may be used in respect of race horses and horse races;
(u) prohibiting the use of objects and equipment in respect of race horses and horse races;
(v) governing veterinary practices in respect of race horses;
(w) governing the taking of samples under section 16 and the analysis of those samples;
(x) establishing and governing the imposition and enforcement of sanctions and penalties under this Act;
(y) subject to this Act, governing the conduct of inspections, searches and seizures carried out under this Act;
(z) governing the conduct of investigations and hearings carried out under section 18 by racing officials including, for the purposes of conducting an investigation and hearing, making, with all necessary modifications, rules with respect to the same subject-matter with respect to which rules may be made under section 28;
(aa) governing the records, accounts and documentation to be maintained by persons licensed under this Act;
(bb) prescribing the duties of racing officials and governing the carrying out of those duties;
(cc) governing the activities of racing participants in respect of matters governed by this Act;
(dd) governing, subject to section 2, the nomination and appointment of persons as members of the board.
(ee) prescribing rulings and directions that can be appealed to the Appeal Tribunal.
(2) The Regulations Act does not apply to rules made under this section.
(3) Where a rule is made under subsection (1), the Corporation shall publish the rule in Part I of The Alberta Gazette.
(4) A rule that is not published in accordance with subsection (3) is not valid against a person who has not had actual notice of the rule.
(5) On publication of a rule in Part I of The Alberta Gazette, every person is deemed to have notice of the rule.
RSA 2000 cR-1 s22;2023 c3 s10