BILL NO. 83

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001

Government Bill

Maritime Provinces Harness Racing Commission Act
(amended)

The Honourable Ernest L. Fage
Minister of Agriculture and Fisheries

First Reading: November 8, 2001

(Explanatory Notes)

Second Reading: November 9, 2001

Third Reading: November 28, 2002 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)

Clause 1 changes the jurisdiction of the Maritime Provinces Harness Racing Commission from the governing and regulation of harness racing in the Maritime Provinces to the governing, regulation and ensuring the integrity of harness racing in the Maritime Provinces.

Clause 2

(a) replaces the Minister of Agriculture and Fisheries with a member of the Executive Council charged with the administration of the Act as the minister responsible for the Act;

(b) adds new definitions to the Act; and

(c) enables the Governor in Council to amend certain definitions to make them consistent with federal regulations.

Clause 3

(a) replaces the power of the Maritime Provinces Harness Racing Commission to govern, regulate, direct, control, supervise, promote and market harness racing with the power to govern, regulate and supervise harness racing in any or all of its forms relevant and related to pari-mutuel betting;

(b) restricts the power of the Commission with respect to race tracks from governing, regulating, directing, controlling and supervising the operation of race tracks to directing and controlling the operation of race tracks;

(c) removes from the Commission the power to promote and encourage the breeding and racing of horses;

(d) expands the powers of the Commission with respect to harness-racing judges and other officials who attend at harness-racing meets on behalf of the Commission from employing such officials to also include recruiting, training, evaluating and licensing such officials; and

(e) gives the Commission certain new powers.

Clause 4 requires that the annual report of the Commission include recommendations with respect to the governance and regulation of harness racing.

Clause 5 provides that the Act comes into force on proclamation.

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 8 of the Acts of 1993, the Maritime Provinces Harness Racing Commission Act, is amended by striking out "and regulate" in the second line and substituting ", regulate and ensure the integrity of".

2 Section 3 of Chapter 8, as amended by Chapter 40 of Acts of 1994, is further amended by adding "(1)" immediately after the Section number and by

(a) relettering clause (a) as (ac);

(b) adding immediately before clause (ac) the following clauses:

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

(ab) "betting theatre" means an enclosed structure that is used for theatre betting, that is affixed to land and that contains seating for at least seventy-five per cent of the number of persons permitted by the appropriate municipal authority to occupy the structure;

(c) adding immediately after clause (d) the following clauses:

(da) "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 the organization holding the foreign race to form one pool, from which the payout price is calculated and distributed;

(db) "foreign-race separate-pool betting" means separate-pool betting in Canada on a foreign race;

(d) adding immediately after clause (e) the following clauses:

(ea) "home-market area" means a geographical area that is assigned to an association in respect of a race-course within which the association is authorized to conduct telephone-account betting or theatre betting, as the case may be;

(eb) "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 on a race that is held at a host track, where the money bet on each pool at each satellite track or place is combined with the money bet on the corresponding pool at the host track to form one pool from which the pay-out price is calculated and distributed;

(e) striking out clause (g) and substituting the following clauses:

(g) "Minister" means the member of the Executive Council charged with the administration of this Act;

(ga) "pari-mutuel betting" means a system of betting in which the winners divide the total amount of the bet, after deducting management expenses, in proportion to the sums individually wagered;

(f) adding immediately after clause (j) the following clauses:

(ja) "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;

(jb) "telephone-account betting" means pari-mutuel betting conducted by means of a telephone call by an account holder to an association;

(jc) "theatre betting" means pari-mutuel betting that is conducted in a betting theatre in accordance with the Pari-Mutuel Betting Supervision Regulations made pursuant to the Criminal Code (Canada);

and

(g) adding the following subsection:

(2) The Governor and Council may, by order, amend any of the definitions contained in clauses (1)(a), (ab), (da), (db), (ea), (eb), (ja), (jb) or (jc) to the extent that it is necessary to make the definition consistent with the Parimutuel Betting Supervision Regulations made pursuant to the Criminal Code (Canada).

3 Section 10 of Chapter 8, as enacted by Chapter 40 of the Acts of 1994, is amended by

(a) striking out clause (a) and substituting the following clauses:

(a) govern, regulate and supervise harness racing in all of its forms relevant and related to pari-mutuel betting;

(aa) govern and regulate inter-track betting, separate-pool betting, foreign-race inter-track betting and foreign-race separate-pool betting;

(ab) govern and regulate the operation of betting theatres authorized by the Governor in Council;

(b) striking out ", direct, control " in the first line of clause (b);

(c) striking out clause (c) and substituting the following clauses:

(c) recommend home-market areas to the Canadian Pari-Mutuel Agency for the purpose of telephone-account betting and theatre betting;

(ca) establish uniform rules for the conduct of harness racing;

(d) adding immediately after clause (d) the following clause:

(da) license betting theatres and impose such terms and conditions on a licence as the Commission considers appropriate;

(e) adding "recruit, train, evaluate, license and" immediately before "employ" in the first line of clause (k); and

(f) adding immediately after clause (t) the following clause:

(ta) intervene as a facilitator or mediator for the purpose of convening parties to attempt to bring resolution to matters in dispute where it deems it necessary for the governance, regulation and integrity of harness racing and delegate this power to any person;

4 Subsection 19(1) of Chapter 8 is amended by adding immediately after clause (a) the following clause:

(aa) recommendations with respect to the governance and regulation of harness racing;

5 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.