Combat Sports Authority Act

title amended 2017, c. 8, s. 1.

Short title

1 This Act may be cited as the Combat Sports Authority Act. R.S., c. 43, s. 1; 2017, c. 8, s. 2.

Interpretation

2 In this Act,

(a) "Authority" means the Nova Scotia Combat Sports Authority;

(b) "contest" means a contest or exhibition of professional boxing, professional mixed martial arts or any other professional combat sport that is designated by the regulations;

(c) "contestant" means an athlete who engages in a contest;

(d) to (f) repealed 2017, c. 8, s. 3.

(g) "gross gate receipts" means all money collected in respect of a contest including all television and film royalties or money collected to obtain the rights to represent the contest in any form;

(h) "Minister" means the member of the Executive Council responsible for sport;

(i) "official" means a person who participates in combat sport in an official capacity, and includes referees, judges, inspectors, time-keepers, medical advisers and ring announcers;

(j) "participant" means a person who is associated with a contestant in the capacity of manager, second, trainer, matchmaker or agent or an agent of any of them;

(k) "person" includes a partnership, corporation or association;

(l) "promoter" means a person who conducts or is associated in a directory capacity in the conduct of a contest. R.S., c. 43, s. 2; 2017, c. 8, s. 3.

Nova Scotia Combat Sports Authority

3 (1) There shall be a body corporate to be known as the Nova Scotia Combat Sports Authority which shall be composed of not less than five nor more than nine members appointed by the Governor in Council.

(2) repealed 2017, c. 8, s. 4.

(3) The Governor in Council shall designate a member of the Authority to be the Chairman.

(4) A member of the Authority shall hold office for such term as is prescribed by his appointment.

(5) Where a member of the Authority is absent, ill or unable to act, the Minister may authorize another person to act in that member's place and stead and perform that member's duties.

(6) Members of the Authority shall be paid the necessary expenses incurred by them while engaged in the performance of their official duties and such salary or remuneration as the Governor in Council determines. R.S., c. 43, s. 4; 2017, c. 8, s. 4.

Referee in Chief and Advisor to the Authority

3A The Governor in Council may appoint one person who is not a member to be the Referee in Chief and Advisor to the Authority. 2017, c. 8, s. 4.

Personnel

4 (1) The Authority may appoint a Secretary-treasurer, Medical Adviser and such other officers and employees as may be required by the Authority for the proper conduct and management of the Authority.

(1A) Notwithstanding subsection (1), the Authority may, subject to the approval of the Minister, avail itself of the services of staff in the Minister's Department.

(2) The Authority may employ or appoint such temporary staff or advisers as it may deem necessary to provide adequate supervision of contests.

(3) repealed 2019, c. 11, s. 1.

R.S., c. 43, s. 4; 2017, c. 8, s. 5; 2019, c. 11, s. 1.

Supervision of Authority by Minister

5 The Minister shall have general supervision and direction of the work of the Authority. R.S., c. 43, s. 5.

Revenue of Authority

6 (1) The Authority shall maintain in its own name one or more accounts in any bank.

(2) The revenue of the Authority from any source must be

(a) retained by the Authority;

(b) deposited in an account established under subsection (1); and

(c) used by the Authority to carry out its objects or to promote safety in combat sport. 2019, c. 11, s. 2.

Payment to Authority

7 (1) For the purposes of this Section, "gross gate receipts" does not include any tax, levy or commission payable pursuant to the Theatres and Amusements Act.

(2) Every person promoting, conducting or holding a contest in the Province shall pay to the Authority an amount to be determined from time to time by the Authority but not exceeding five per cent of the gross gate receipts received by such person in respect of such contest. R.S., c. 43, s. 7; 2017, c. 8, s. 7.

Accounts of Authority

8 (1) The fiscal year of the Authority is from April 1st to March 31st in the following year.

(2) The Authority shall keep such books of account and records in the form and including such content as may be prescribed by the regulations.

(3) The accounts of the Authority must be audited annually as prescribed by the regulations.

(4) The Authority shall prepare and submit to the Minister an annual budget as prescribed by the regulations.

(5) The Authority shall submit to the Minister such business plans as may be prescribed by the regulations. 2019, c. 11, s. 3.

Objects of Authority

9 The Authority may

(a) supervise and regulate contests in the Province;

(b) establish and enforce uniform rules for the conduct of contestants;

(c) provide for the licensing of all persons engaged in or connected with the presentation of contests;

(d) provide for and enforce proper medical standards and periodic medical examinations for contestants and officials as prescribed by the regulations; and

(e) train officials in accordance with nationally established standards. R.S., c. 43, s. 9; 2017, c. 8, s. 8.

Regulations

10 The Authority, subject to the approval of the Governor in Council, may make regulations

(a) prescribing the rules of procedure to govern proceedings of the Authority;

(aa) prescribing the form and content of the books of account and records to be kept by the authority;

(ab) respecting the auditing of the Authority;

(ac) prescribing the requirements for the preparation and submission of the Authority's annual budget;

(ad) respecting business plans for the Authority;

(b) concerning the issuance of licences for contestants, officials, promoters and participants;

(c) prescribing the form and manner of applications for licences;

(d) prescribing and regulating the fees to be paid for licences;

(e) prescribing the privileges, terms, conditions, limitations and restrictions to be granted to or observed by any licencee [licensee];

(f) prescribing the conditions upon which licences may be issued and providing for the revocation, suspension or withholding of licences;

(g) prescribing adherence to the form and content of contracts between contestants, managers, promoters or other participants, and for the filing thereof with the Authority;

(h) concerning bonds, deposits or forfeits to be posted by promoters, contestants or participants;

(i) concerning approval by the Authority of details of any proposed contest and the filing of contracts relating thereto;

(j) providing for disciplinary action against contestants, promoters, participants or officials, including fines, suspensions or revocation of licences;

(k) monitoring standards for training facilities, rings and physical equipment;

(l) designating combat sports for the purpose of the definition of contest;

(m) concerning the standards of refereeing and judging and the conduct of contests or exhibitions;

(n) concerning the control and cost of a pay-per-view contest;

(o) concerning the medical examination of all contestants and the availability of medical assistance during any contest;

(p) governing the participation of amateur athletes in contests. R.S., c. 43, s. 10; 2017, c. 8, s. 9; 2019, c. 11, s. 4.

Prohibition and offence

11 (1) No person shall conduct, promote or hold a contest in the Province without a licence from the Authority.

(2) No person shall engage, officiate or participate in a contest in the Province without a licence from the Authority which shall be the sole licensing body in this respect.

(3) A person who violates this Section shall be guilty of an offence and upon summary conviction shall be liable to a fine not exceeding ten thousand dollars. R.S., c. 43, s. 11; 2017, c. 8, s. 10.

Fines by Authority

12 Notwithstanding any other provision of this Act or the regulations, the Authority is authorized and empowered to impose fines not exceeding ten thousand dollars or twenty-five per cent of the gross gate receipts, whichever is the greater, for a violation of any provision of this Act or the regulations. R.S., c. 43, s. 12.

Hearings

13 (1) The Authority is authorized and empowered to hold hearings relating to the carrying out of its objects or powers, and to summon any person by subpoena signed by the Chairman and to require such person to give evidence on oath and to produce such documents and things as the Authority may deem requisite in any such hearing.

(2) For the purpose of any such hearing the Authority shall have and may exercise all the powers of a commissioner appointed under the Public Inquiries Act. R.S., c. 43, s. 13.

Appeal

14 (1) An order or decision of the Authority imposing a fine, suspension or revocation of licence may be appealed by the person affected to a judge of the Trial Division of the Supreme Court by serving a notice of appeal on the Chairman or Secretary-treasurer of the Authority within twenty days after the date of the order or decision appealed against.

(2) On the hearing of any such appeal, the judge may consider the record of the proceedings before the Authority and such additional or further evidence as he considers appropriate in the circumstances and may confirm, rescind or vary the order or decision of the Authority. R.S., c. 43, s. 14.

15 repealed 2017, c. 8, s. 11.

Regulations Act

16 The exercise by the Authority and the Governor in Council of the power and authority contained in Section 10 shall be regulations within the meaning of the Regulations Act. R.S., c. 43, s. 16; 2017, c. 8, s. 12.