Vol. 145, No. 9 — February 26, 2011
ARCHIVED — Regulations Amending the Pari-Mutuel Betting Supervision Regulations
Statutory authority
Criminal Code
Sponsoring department
Department of Agriculture and Agri-Food
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
The Canadian Pari-Mutuel Agency (CPMA) has been providing photo finish and video patrol (PFVP) surveillance programs at most Canadian horse-racing facilities for several years. On June 10, 2010, the CPMA received instructions from the Minister of Agriculture and Agri-Food Canada to discontinue the delivery of these services, effective April 1, 2011.
The Pari-Mutuel Betting Supervision Regulations (the Regulations) currently include a number of requirements directing licensed associations (i.e. race-courses) to provide facilities and equipment for the proper operation of PFVP programs.
The objectives of the proposed Regulations would be to remove the federal requirements, and to allow provincial regulatory bodies (PRBs) to utilize their own rule-making authority and to establish the requirements they consider appropriate for the ongoing provision of these services. This would avoid unnecessary regulatory overlap and remove the potential for regulatory inconsistencies between the two levels of government regarding the operation of PFVP programs.
Description and rationale
It is the mandate of provincially appointed organizations to ensure that horse racing conducted within their province is done so in a safe and responsible manner. This includes determining that each race is contested in a manner consistent with the accepted rules of racing, and establishing the “official order of finish” for each race.
Although providing PFVP programs does not fall within the CPMA’s core mandate, the CPMA has delivered these services as an aid to the PRBs with funds generated by the levy applied against each dollar bet. Due to the decline in levy revenues, the Revolving Fund that CPMA relies upon to fund all supervisory activities can no longer support the associated costs of these additional services. The CPMA will no longer provide these services.
To the extent that PFVP services may be required in order for provincial officials to fulfill these responsibilities, a decision will be made by the individual racing authority respectively. Provincial horse-racing officials rely on their own rule-making authority to ensure the reliable operation of the services they determine are necessary to fulfill their mandate.
While the CPMA delivered the PFVP services, the effective operation of these services was ensured by the requirements set out in the Regulations that describe the responsibility of racing associations to support these CPMA-provided programs. Specifically, race-courses are required to provide appropriate facilities for the proper operation of the programs, including provisions describing lighting requirements for the racing surface, and the location of the finish line on the race track.
The proposed amendments to the Regulations would repeal the provisions regarding the PFVP service requirements. The repeal of these provisions would remove any potential for duplicating or otherwise conflicting with provisions established by the provincial racing authority.
The repeal of these provisions is not expected to affect the integrity of the pari-mutuel betting systems. While these programs are currently used as an aid by the provincial judges and stewards in their placing of the order of finish of a horse race, they are not required in order to establish the accuracy of the calculation of pay-out prices or to ensure the security of the pari-mutuel betting system.
Consultation
In July 2010, the CPMA provided each PRB with the notification that the Minister of Agriculture and Agri-Food Canada had instructed the CPMA to discontinue provision of the program services upon the end of the current contract on March 31, 2011. Similar notices were also sent to each race-course association to ensure their awareness of the decision. The CPMA has continued to consult with provincial officials and assist in addressing transitional considerations related to the decision to discontinue these services, including discussions at the Federal-Provincial Working Group meeting held in Saskatoon on September 20, 2010.
Although the PRBs would prefer that the CPMA continue to provide these services, there is a shared recognition that the provision of these services is most directly aligned with the PRBs’ responsibility of race officiating, and that PRBs will ensure that the appropriate services and programs are in place in order for them to fulfill their responsibilities.
Implementation, enforcement and service standards
The proposed amendments would take effect on April 1, 2011, but if they are registered after that day, they will come into force on the day on which they are registered.
Contact
Collin Baird
Manager
Legislative Services
Policy and Planning Directorate
Canadian Pari-Mutuel Agency
1130 Morrison Drive, Suite 100
Ottawa, Ontario
K2H 9N6
Telephone: 613-949-0740
Fax: 613-949-0750
Email: collin.baird@agr.gc.ca
PROPOSED REGULATORY TEXT
Notice is hereby given that the Minister of Agriculture and Agri-Food, pursuant to subsections 204(8) (see footnote a) and (9) (see footnote b) of the Criminal Code (see footnote c), proposes to make the annexed Regulations Amending the Pari-Mutuel Betting Supervision Regulations.
Interested persons may make representations concerning the proposed regulations within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Collin Baird, Manager, Legislative Services, Canadian Pari-Mutuel Agency, Agriculture and Agri-Food Canada, P.O. Box 5904, LCD Merivale, Ottawa, Ontario K2C 3X7 (tel.: 613-949-0740; fax: 613-949-0750; email: collin.baird@agr.gc.ca).
Ottawa, February 18, 2011
GERRY RITZ
Minister of Agriculture and Agri-Food
REGULATIONS AMENDING THE PARI-MUTUEL BETTING SUPERVISION REGULATIONS
AMENDMENTS
1. The long title of the Pari-Mutuel Betting Supervision Regulations (see footnote 1) is replaced by the following:
PARI-MUTUEL BETTING SUPERVISION REGULATIONS
2. Section 1 of the Regulations and the heading before it are repealed.
3. Subparagraph 6(2)(b)(ii) of the Regulations is replaced by the following:
(ii) the facilities and equipment that require improvements to be made, including those associated with the undertaking of the drug control surveillance program activities, before the association may conduct pari-mutuel betting at its race-course, and
4. Section 43 to 48 of the Regulations are replaced by the following:
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 drug control surveillance program.
COMING INTO FORCE
5. These Regulations come into force on April 1, 2011, but if they are registered after that day, they come into force on the day on which they are registered.
[9-1-o]
Footnote a
S.C. 1994, c. 38, par. 25(1)(g)
Footnote b
S.C. 1994, c. 38, par. 25(1)(g)
Footnote c
R.S., c. C-46
Footnote 1
SOR/91-365