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Changes To Ont. Appeals Process

Published: March 28, 2016 3:19 pm ET

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The Alcohol and Gaming Commission of Ontario has issued a notice to industry participants regarding changes to the adjudication of horse racing appeals. The changes will come into effect this Friday (April 1).

On December 10, 2015, the Ontario Legislature passed legislation which will transfer the regulatory responsibilities of the Ontario Racing Commission (ORC) to the AGCO.

The Horse Racing Appeal Panel (HRAP) will have responsibility for hearing appeals of decisions made under the Rules of Racing. At the same time, the adjudicative responsibility for matters dealing with proposed refusals, suspensions and revocations of licences pursuant to Notices of Proposed Orders will be transferred to the Licence Appeal Tribunal (LAT).

For complete information regarding the HRAP and the LAT, refer to the contents of the AGCO notice, which appear below.


CHANGES TO ADJUDICATION OF HORSE RACING APPEALS

INFORMATION BULLETIN No. 001

(Effective April 1, 2016)

On December 10, 2015, the Ontario Legislature passed legislation which will transfer the regulatory responsibilities of the Ontario Racing Commission (ORC) to the Alcohol and Gaming Commission of Ontario (AGCO) and change the adjudication process for the appeal of horse racing decisions in Ontario. In particular, the legislation will create a new adjudicative body called the Horse Racing Appeal Panel (HRAP). The HRAP will have responsibility for hearing appeals of decisions made under the Rules of Racing. At the same time, the adjudicative responsibility for matters dealing with proposed refusals, suspensions and revocations of licences pursuant to Notices of Proposed Orders will be transferred to the Licence Appeal Tribunal (LAT).

These changes come into effect on April 1 and are part of a broader government initiative to integrate horse racing and gaming regulation under a single regulatory body (i.e. the AGCO) together with a new adjudicative model to support independent and effective regulation of horse racing in the province.

ABOUT THE HORSE RACING APPEAL PANEL AND THE LICENCE APPEAL TRIBUNAL

As of April 1, 2016, the ORC will be dissolved and the adjudicative responsibilities that were exercised by it will be transferred to two bodies, depending on the type of appeal.

1. Horse Racing Appeal Panel

The newly-established HRAP will hear appeals of decisions made under the Rules of Racing. The majority of these matters will relate to on-track and conduct violations, positive test cases and related decisions made by Judges and Stewards. The HRAP will conduct these hearings as an entirely independent and impartial body and at arm’s length from the AGCO.

2. Licence Appeal Tribunal

Appeals resulting from proposed refusals, suspensions and revocations of licences pursuant to Notices of Proposed Orders will be heard by the LAT. The LAT is an adjudicative tribunal with a mandate to resolve appeals regarding compensation claims and licensing decisions made by a wide variety of regulators and pursuant to appeal rights set out under a number of statutes, including other statutes administered by the AGCO (the Liquor Licence Act and Gaming Control Act).

Filing a Notice of Appeal

Effective April 1, 2016, licensees wishing to appeal a decision or matter related to:

• The Rules of Racing: must file a Notice of Appeal to the HRAP. More information on the HRAP and the required appeal forms will be available as of April 1, 2016 at www.hrappealpanel.ca.

A Notice of Proposed Order (e.g. relating to the issuance, renewal, suspension or revocation of a horse racing licence): must file a Notice of Appeal to the LAT.

In the interim, anyone wishing to file an appeal of a decision before April 1 should continue to do so through the ORC. Please visit: http://www.ontarioracingcommission.ca for more information.

If you have already filed a Notice of Appeal with the ORC and your hearing has not yet been scheduled to be heard by the ORC before April 1, your matter will be referred to either the HRAP or LAT depending on the circumstances and nature of the file.

Hearing Locations

Hearings conducted by HRAP will continue to be heard at: 10 Carlson Court, 4th Floor, Suite 400, Toronto, ON M9W 6L2.

For information on hearings conducted by the LAT, please visit the LAT’s website at http://www.sse.gov.on.ca/lat.



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