22 Rules
Part 3
Appeals
23 Appeal
Tribunal
24 Right
to appeal
25 Commencement
of appeal
26 Decision
of Appeal Tribunal
27 Judicial
review
28 Procedure
before Appeal Tribunal
Part 4
Transitional Provisions
29 Definition
30 Membership
31 Deemed references
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “board”
means the board of directors of the Corporation;
(b) “Corporation”
means Horse Racing Alberta;
(c) “horse
race” means a horse race in any of its forms;
(d) “licensed
activity” includes the following:
(i) the operation of a race track;
(ii) the conduct of a horse race;
(iii) riding or driving a race horse in a horse race;
(iv) the operation of an off track wagering facility;
(v) the operation of a facility showing or otherwise operating
simulcast horse racing;
(vi) the operation of a facility at which or through which wagers may
be placed in respect of simulcast horse racing;
(vii) any activity specifically related to horse racing but not
referred to in subclauses (i) to (vi) that is prescribed by the rules as a
licensed activity;
(e) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(f) “off
track wagering facility” means any facility not located at a race track at
which a wager on the outcome of a horse race may be placed;
(g) “pari
mutuel wagering” means a form of wagering on the outcome of a horse race under
which all wagers for each race are pooled and held for distribution of the
total amount, less the deductions authorized by law, to holders of tickets on
the winning horses;
(h) “race
horse” means an equine of any breed that
(i) is owned or otherwise maintained by a racing participant for the
purposes of running in a horse race,
(ii) is located at or on a race track or is otherwise used or
maintained for the purposes of or in connection with horse racing, or
(iii) is designated by the Corporation as a race horse;
(i) “race
track” includes
(i) any location or grounds at which a horse race takes place or
customarily takes place, and
(ii) any buildings and facilities located on that location or those
grounds;
(j) “racing
officials” means stewards, harness racing judges and other race track officials
and employees whose duties relate to the actual running of horse races and
includes
(i) veterinarians and analysts who are engaged in the inspection of,
or the testing of samples taken from, race horses, and
(ii) any other persons designated by the rules as racing officials,
but does not include racing
participants;
(k) “racing
participants” means owners, trainers, drivers and jockeys of race horses and
includes
(i) apprentice jockeys, grooms, jockeys’ agents, jockeys’ valets and
exercise riders, and
(ii) any other persons designated by the rules as racing participants;
(l) “selection
committee” means the selection committee referred to in section 2(2)(a);
(m) “simulcast”
means the telecast or other transmission of audio and visual signals of a horse
race that, for the purpose of allowing wagering to be conducted in Alberta on
that horse race,
(i) is transmitted from the race track at which the horse race is
being run, and
(ii) is received and shown at a location in Alberta,
at the time that the horse
race is being run;
(n) “wager”
means a wager placed under the system known as pari mutuel wagering.
(2) Any reference in this Act to “this Act”
includes a reference to the rules made under this Act.
RSA 2000 cR‑1
s1;2002 c22 s3
Part 1
Establishment and Operation
of Corporation
Alberta Racing
Corporation
2(1) The Alberta Racing Corporation is continued
under the name “Horse Racing Alberta” consisting of a board of directors made
up of the following:
(a) one
person appointed as chair;
(b) one
person appointed by the Alberta Standardbred Horse Association to represent the
race horse breeders in that Association;
(c) one
person appointed by the Alberta Standardbred Horse Association to represent
persons in that Association other than race horse breeders;
(d) one
person appointed by the Canadian Thoroughbred Horse Society (Alberta Division);
(e) one
person appointed by The Horsemen’s Benevolent and Protective Association of
Alberta;
(f) one
person agreed on and appointed by all other racing breed associations in the
Province recognized by the Corporation, excluding the associations referred to
in clauses (b), (d) and (e);
(g) 2
persons agreed on and appointed by the operators of race tracks licensed under
the rules as “A” level race tracks;
(h) one
person agreed on and appointed by the operators of race tracks licensed under
the rules as “B” level race tracks;
(i) 3
members of the general public.
(2) The Minister and the Minister of
Agriculture, Food and Rural Development may each appoint a person to the board
but those persons do not have voting rights on the board.
(3) For
the purposes of making appointments referred to in subsection (1)(a) and (i),
the following applies:
(a) the
board shall form a selection committee from among its members;
(b) where
(i) there is a vacancy on the board in respect of an appointment
referred to in subsection (1)(a) or (i), or
(ii) the term of office of one or more of the current members of the
board holding an appointment referred to in subsection (1)(a) or (i) is about
to expire,
the selection committee shall, subject to the rules,
advertise for nominations of persons from which a person or persons may be
appointed to that position or those positions, unless there is unanimous
consent of the board for reappointment of the current member or members for an
additional term and the current member or members are eligible for
reappointment;
(c) on
receiving nominations, the selection committee shall submit to the board the
name of a candidate, from among the names of the persons whose nominations were
received by the selection committee, to fill each of the positions on the board
to which an appointment is to be made;
(d) on
the submission to the board of the name of a candidate with respect to a
position on the board,
(i) the board shall conduct a vote of the board to determine whether
the candidate is to be appointed to fill the position, and
(ii) if at least a 2/3 majority of the vote is in favour of the candidate’s
being appointed to the position,
the board shall appoint the candidate to fill the vacancy
or to take office on the expiry of the current board member’s term of office,
as the case may be.
(4) The
term of office of a member of the board is 3 years or a shorter period of time
prescribed by the persons appointing the member to the board.
(5) A
person who is a member of the board may be reappointed as a member of the board
but
(a) that
person is not eligible to serve for more than 6 consecutive years as a member
of the board, and
(b) where
the person has served for 6 consecutive years as a member of the board, that
person is not eligible to be appointed again as a member of the board until 3
years has elapsed from the time that the person’s last appointment to the board
terminated.
(6) No
person who within the last 5 years has been convicted of an offence under the Gaming
and Liquor Act or this Act or has been convicted of an indictable offence
under the Criminal Code (Canada) may be appointed as a member of the
board.
(7) The
board may, with the approval of the Minister, change the name of the
Corporation or use a trade name that is different from the name of the
Corporation.
(8) Notwithstanding
subsections (1) and (3), if at any time an association or the board, as the
case may be, is unable to make or does not make the appointment to the board in
accordance with subsection (1) or (3), the Minister may make the appointment.
(9) The
quorum of the board is 7 members of the board who have voting rights.
RSA 2000 cR‑1
s2;2002 c22 s4
3 Repealed 2002 c22 s5.
Objects
4 The objects of the Corporation are the
following:
(a) to
govern, direct, control, regulate, manage, market and promote horse racing in
any or all of its forms;
(b) to
protect the health, safety and welfare of race horses and, with respect to
horse racing, the safety and welfare of racing participants and racing
officials;
(c) to safeguard the interests of the general
public in horse racing.
1996 cR‑1.5 s4
Powers
5 The Corporation has, for the
purposes of carrying out its objects under this Act, the capacity and the
rights, powers and privileges of a natural person.
1996 cR‑1.5 s5
Bylaws
6(1) The board may make bylaws governing the
administration and management of the business and affairs of the Corporation,
including the establishment and payment of remuneration and expenses to the
members of the board.
(2) The Regulations
Act does not apply to a bylaw made under this section.
1996 cR‑1.5 s6
Financial Administration
Act
7 The Financial Administration Act does not apply to the Corporation or
any matter carried out under this Act.
1996 cR‑1.5 s7
Crown agency
8 The Corporation is not an
agent of the Crown.
1996 cR‑1.5 s8
Financial matters
9(1) All fees, costs and other revenue arising with
respect to the administration of this Act or any other matter administered by
the Corporation are the revenues of the Corporation.
(2) All
money from any source that is received by and all money that is payable to the
Corporation belongs to the Corporation.
(3) Any
income earned from the money of the Corporation accrues to and belongs to the
Corporation.
(4) The
Corporation
(a) shall
use its funds
(i) to pay for the expenses and costs incurred in carrying out the
administration and management of the business and affairs of the Corporation,
and
(ii) for the carrying out of the objects of the Corporation,
and
(b) shall not directly or indirectly pay any
dividend or other form of profit sharing to any member of the board or to any
other person.
1996 cR‑1.5 s9
Reports
10(1) The Corporation shall provide to the Minister
annually the following reports, in the form and at the times acceptable to the
Minister:
(a) a
multi-year business plan and the measures to be used in assessing the performance
of the Corporation;
(b) an
annual report, including audited financial statements.
(2) When
the Minister receives the annual report under subsection (1)(b), the Minister
shall lay a copy of it before the Legislative Assembly if it is sitting and if it
is not, within 15 days after the commencement of the next sitting.
(3) In
addition to the reports referred to in subsection (1), the Corporation shall,
at the request of the Minister, report on specific matters in the form and
manner and at the times required by the Minister.
RSA 2000 cR‑1
s10;2002 c22 s6
Gaming laws, etc.
11 The Corporation shall operate
in accordance with the laws governing gaming and the policies and directions of
the Government with respect to gaming.
1996 cR‑1.5 s11
Liability
12(1) No action lies against the members of the
board, the members of the Appeal Tribunal, any racing official or any employee
or agent of the Corporation or of the Appeal Tribunal for anything done or not
done by any of them in good faith while exercising their powers or performing
their duties under this Act.
(2) Nothing
in this section shall be construed so as to prohibit a person from bringing any
action against the Corporation.
(3) Any action, other than an application made
under section 27, that is brought in respect of the Appeal Tribunal shall be
brought against the Corporation.
1996 cR‑1.5 s12
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 Queen’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 Queen’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.
1996 cR‑1.5 s21
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.
(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.
1996 cR‑1.5 s22
Part 3
Appeals
Appeal Tribunal
23(1) The Minister shall
(a) appoint
an Appeal Tribunal consisting of not more than 3 persons to hear appeals under
this Act, and
(b) designate
one of the members of the Appeal Tribunal as the chair of the Appeal Tribunal.
(2) The
term of office of a member of the Appeal Tribunal shall not exceed 3 years.
(3) A
person who is a member of the Appeal Tribunal may be reappointed as a member of
the Appeal Tribunal but
(a) that
person is not eligible to serve for more than 6 consecutive years as a member
of the Appeal Tribunal, and
(b) where
the person has served for 6 consecutive years as a member of the Appeal
Tribunal, that person is not eligible to be appointed again as a member of the
Appeal Tribunal until 3 years has elapsed from the time that the person’s last
appointment to the Appeal Tribunal terminated.
(3.1) Subsection (3) applies to members
holding office on the coming into force of this subsection.
(4) A
person shall not at any one time be a member of both the board and the Appeal
Tribunal.
(5) The
Minister shall prescribe the remuneration and expenses payable to the chair and
members of the Appeal Tribunal.
(6) The
amount of the remuneration and expenses prescribed under subsection (5) and the
expenses and costs incurred in the operation of the Appeal Tribunal shall be
paid by the Corporation.
(7) The
Corporation shall not give any directions to the Appeal Tribunal with respect
to the conduct of appeals or the operation of the Appeal Tribunal.
(8) Notwithstanding
subsection (7), the Corporation is entitled to appear as a party before the
Appeal Tribunal and to present evidence and make submissions to the Appeal
Tribunal.
(9) The
quorum of the Appeal Tribunal is 2 members of the Appeal Tribunal.
(10) Notwithstanding subsection (1), the Minister
may appoint persons as acting members of the Appeal Tribunal to act when the
Appeal Tribunal is unable to establish a quorum.
RSA 2000 cR‑1
s23;2002 c22 s7
Right to appeal
24 Where a racing official makes
a ruling or gives a direction, a person affected by that ruling or direction
may appeal that ruling or direction to the Appeal Tribunal.
1996 cR‑1.5 s24
Commencement of appeal
25(1) A person who has a right of appeal may commence
an appeal by serving on the Corporation, or on a person designated by the
Corporation, a notice of appeal within 30 days from the day that the person
receives written notification of the ruling or direction being appealed.
(2) On being served with a notice of appeal, the
Corporation shall, within 10 days from the day of being served with the notice
of appeal, deliver the notice of appeal to the chair of the Appeal Tribunal.
1996 cR‑1.5 s25
Decision of Appeal
Tribunal
26(1) When the Appeal Tribunal hears an appeal, the
Appeal Tribunal may, by order, do one or more of the following:
(a) dismiss
the appeal;
(b) allow
the appeal and give such directions, if any, that the Appeal Tribunal considers
appropriate in the circumstances;
(c) vary
the decision;
(d) prescribe
terms and conditions to which its order is subject;
(e) make
any other decision that in the opinion of the Appeal Tribunal is in the best
interests of horse racing;
(f) award
costs.
(2) The
Appeal Tribunal shall notify the parties to the appeal and the Corporation in
writing of the Appeal Tribunal’s decision.
(3) Notwithstanding subsection (1), the Appeal
Tribunal does not have the authority to order that a rule made under this Act
be repealed, amended or otherwise varied.
1996 cR‑1.5 s26
Judicial review
27(1) Subject to subsection (2), no decision, order,
directive, ruling or proceeding of the
Appeal Tribunal shall be questioned or reviewed in any court by way of an
application for judicial review or otherwise, and no order shall be made or
process entered or proceedings taken in any court, whether by way of injunction,
declaratory judgment, prohibition, quo warranto or otherwise, to question,
review, prohibit or restrain the Appeal Tribunal or any of its proceedings.
(2) A
decision, order, directive, ruling or proceeding of the Appeal Tribunal may be
questioned or reviewed by way of an application for judicial review seeking an
order in the nature of certiorari or mandamus if the originating notice is
filed with the Court of Queen’s Bench and served on the Appeal Tribunal no
later than 30 days after the date of the decision, order, directive, ruling or
proceeding, or reasons in respect of it, whichever is later.
(3) The
Court of Queen’s Bench may, in respect of any application under subsection (2),
(a) determine
the issues to be resolved on the application, and
(b) limit the contents of the return from the
Appeal Tribunal to those materials necessary for the disposition of those
issues.
1996 cR‑1.5 s27
Procedure before Appeal
Tribunal
28(1) For the purposes of conducting appeals before
the Appeal Tribunal,
(a) the
chair and the other members of the Appeal Tribunal have the same power as is
vested in the Court of Queen’s Bench for the trial of civil actions
(i) to summon and enforce the attendance of witnesses,
(ii) to compel witnesses to give evidence on oath or otherwise,
(iii) to compel witnesses to give evidence in person or otherwise, and
(iv) to compel witnesses to produce any record, object or thing that
relates to the matter being heard;
(b) the
Appeal Tribunal may take evidence under oath;
(c) any
member of the Appeal Tribunal may administer oaths for the purpose of taking
evidence;
(d) the
Appeal Tribunal may grant interim relief and stays in respect of the
proceedings before the Appeal Tribunal;
(e) the
Appeal Tribunal may reconsider a previous decision made by the Appeal Tribunal.
(2) With
respect to appeals before the Appeal Tribunal, the Appeal Tribunal may make
rules
(a) governing
notices of appeal;
(b) governing
the procedure before the Appeal Tribunal;
(c) governing
adjournments of matters before the Appeal Tribunal;
(d) governing
the attendance of witnesses;
(e) governing
the applicability of the rules of evidence in judicial proceedings to hearings
before the Appeal Tribunal;
(f) governing
the receiving and recording of evidence;
(g) empowering
the Appeal Tribunal to proceed when a party to the appeal fails to appear at or
attend a hearing;
(h) governing
the interim relief and stays that may be granted;
(i) providing
for majority and minority decisions;
(j) empowering
the Appeal Tribunal to consider an appeal without holding a hearing and
governing the procedure to be used in those circumstances;
(k) governing
the applicability of the Alberta Rules of
Court;
(l) providing
for the issuing and publication of decisions of the Appeal Tribunal;
(m) empowering
the Appeal Tribunal to require the production of any record, object or thing;
(n) governing
the reconsideration of decisions made by the Appeal Tribunal;
(o) governing
costs.
(3) The
Regulations Act does not apply to
rules made under this section.
(4) Where
a rule is made under subsection (2), the Appeal Tribunal shall publish the rule
in Part I of The Alberta Gazette.
(5) A
rule that is not published in accordance with subsection (4) is not valid
against a person who has not had actual notice of the rule.
(6) On publication of a rule in Part I of The
Alberta Gazette, every person is deemed to have notice of the rule.
1996 cR‑1.5 s28
Part 4
Transitional Provisions
Definition
29 In this Part, “former provisions” means the
provisions of this Act in force immediately before the coming into force of the
Racing Corporation Amendment Act, 2002.
2002 c22 s8
Membership
30(1) Persons who were members of the Alberta Racing Corporation
immediately before the coming into force of the Racing Corporation Amendment
Act, 2002 continue as members of Horse Racing Alberta until
(a) in
the case of the chair designated under section 3 of the former provisions, a
chair is appointed under section 2(3) or (8),
(b) in
the case of a person appointed under section 2(1)(a) of the former provisions,
the appointment expires or the person is replaced by a person appointed under
section 2(1)(e) or (8),
(c) in
the case of a person appointed under section 2(1)(b) of the former provisions,
the appointment expires or the person is replaced by a person appointed under
section 2(1)(c) or (8),
(d) in
the case of persons appointed under section 2(1)(c) of the former provisions,
the appointments expire or the persons are replaced by persons appointed under
section 2(1)(i) or (8), and
(e) in
the case of persons appointed under section 2(1)(d) of the former provisions,
the appointments expire or the persons are replaced by persons appointed under
section 2(1)(b) and (d) or (8).
(2) In determining the 6 consecutive
years of service on the board of Horse Racing Alberta for the purpose of
section 2(5), service while being a member of the Alberta Racing Corporation
under section 2 of the former provisions shall not be taken into account.
2002 c22 s8
Deemed references
31 Any references to the Alberta Racing Corporation
in any enactment, order, bylaw, agreement, instrument or document is
deemed to be a reference to Horse Racing Alberta.
2002 c22 s8