O. Reg. 197/06: GENERAL

 

ontario regulation 197/06

made under the

athletics control act

Made: March 2, 2006
Approved: March 29, 2006
Filed: May 10, 2006
Published on e-Laws: May 11, 2006
Printed in The Ontario Gazette: May 27, 2006

Amending Reg. 52 of R.R.O. 1990

(General)

1. Section 1 of Regulation 52 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

1. In this Regulation and in the Act,

“professional”, when used in respect of a participant or contestant in a professional contest or exhibition of boxing, means a natural person who at any time,

(a) enters and competes in the contest or exhibition for a staked bet, private or public money or gate receipts or receives any consideration for his or her services as an athlete, except merchandise or an order for merchandise not exceeding $35 in value or reasonable travelling and living expenses actually incurred while going to, remaining at and returning from the place of contest or exhibition,

(b) teaches, pursues or assists in the pursuit of boxing as a means of livelihood,

(c) sells or pledges any prize that he or she receives from the contest or exhibition, or

(d) promotes or manages the contest or exhibition for personal gain;

“professional contest or exhibition”, when used in respect of a professional contest or exhibition of boxing, means a professional contest or exhibition in which,

(a) the participants or contestants represent or are members of an athletic association, club, corporation, league, team or unincorporated organization that is composed of professionals or is ordinarily recognized as being composed of professionals, or

(b) the participants or contestants are professionals.

2. (1) Subsection 3 (1) of the Regulation is amended by adding “of boxing” after “exhibition”.

(2) Subsection 3 (3) of the Regulation is amended by striking out “professional boxing or wrestling contest or exhibition” and substituting “professional contest or exhibition of boxing”. 

3. Section 6 of the Regulation is revoked and the following substituted:

6. The following are established as weight classes in professional contests or exhibitions of boxing:

1. Up to and including 118 pounds, with no more than three pounds difference in weight between opponents.

2. From 119 pounds up to and including 130 pounds, with no more than four pounds difference in weight between opponents.

3. From 131 pounds up to and including 183 pounds, with no more than five pounds difference in weight between opponents.

4. From 184 pounds up to and including 200 pounds, with no more than 12 pounds difference in weight between opponents.

5. Over 201 pounds.

4. (1) Subsection 8 (5) of the Regulation is amended by striking out “in the jurisdiction in which he or she resides” and substituting “in another jurisdiction”.

(2) Subsection 8 (8) of the Regulation is amended by striking out “$1,000,000” and substituting “$2,000,000”.

(3) Subsections 8 (9) and (10) of the Regulation are revoked and the following substituted:

(9) The Commissioner shall not grant a licence to a person to take part in a professional contest or exhibition of boxing unless,

(a) at the time of applying for the licence, the person provides to the Commissioner,

(i) the results of an electroencephalographic examination or other tests that are appropriate in accordance with current medical practice in Canada, dated within 90 days before the date on which the person submits the application to the Commissioner,

(ii) the results of an HIV, Hepatitis B and C test dated within 30 days before the date on which the person submits the application to the Commissioner, and

(iii) the results of an eye examination dated within 90 days before the date on which the person submits the application to the Commissioner; and

(b) the Commissioner, in consultation with a legally qualified medical practitioner, finds that the person is fit to box, based on the results of the examinations and tests described in clause (a).

(10) The Commissioner shall not grant a permit to a person to take part in a professional contest or exhibition of boxing unless,

(a) at the time of applying for the permit, the person provides to the Commissioner,

(i) the results of an electroencephalographic examination or other tests that are appropriate in accordance with current medical practice in Canada, dated within 30 days before the event for which the permit is issued,

(ii) the results of an HIV, Hepatitis B and C test dated within 30 days before the event for which the permit is issued, and

(iii) the results of an eye examination dated within 90 days before the event for which the permit is issued; and

(b) the Commissioner, in consultation with a legally qualified medical practitioner, finds that the person is fit to box, based on the results of the examinations and tests described in clause (a).

(10.1) If the Commissioner, at any time, is of the opinion that a boxer who intends to take part in a professional contest or exhibition of boxing is unfit to box because of an injury that the boxer has received, the Commissioner may suspend the boxer’s licence or permit to take part in the contest or exhibition until,

(a) the boxer undergoes a medical examination that includes an electroencephalographic examination or other tests that are appropriate in accordance with current medical practice in Canada;

(b) the boxer provides the results of the medical examination to the Commissioner; and

(c) the Commissioner, in consultation with a legally qualified medical practitioner, finds that the boxer is fit to box, based on the results of the medical examination.

5. Subsection 16 (3) of the Regulation is revoked and the following substituted:

(3) A boxer who is overweight shall be allowed an hour to make the weight required by his or her contract but is prohibited from taking part in the professional contest or exhibition for which he or she is under contract if, during that hour, he or she loses more than two per cent of his or her weight as shown on the weigh-in.

6. The Regulation is amended by adding the following section:

17.1 (1) If a boxer is under contract to take part in a professional contest or exhibition of boxing, the boxer or promoter of the contest or exhibition shall, by the time specified in clause 11 (1) (b) or (c) as applicable, submit to the Commissioner evidence satisfactory to the Commissioner that there are no existing suspensions, prohibitions or other limits restricting or limiting the boxer from taking part in a professional contest or exhibition of boxing under any other jurisdiction.

(2) If the boxer mentioned in subsection (1) does not submit the evidence described in that subsection, the boxer shall not take part in the contest or exhibition.

7. Section 20 of the Regulation is revoked and the following substituted:

20. (1) If a boxer loses a bout by knock-out or by a technical knock-out or, in the opinion of the referee, ringside medical practitioner or Commissioner, may have suffered an injury during a bout in either a winning or losing cause, the ringside medical practitioner or Commissioner shall inform the boxer that the boxer shall,

(a) attend at an examination by a legally qualified medical practitioner satisfactory to the Commissioner and undergo any tests that the practitioner orders; and

(b) provide copies or reports of the results of the tests to the ringside medical practitioner or Commissioner.

(2) If the ringside medical practitioner or Commissioner, as the case may be, considers that the boxer may have suffered a blow to the head, the examination shall include, subject to an order made by the medical practitioner who performs the examination,

(a) an electroencephalogram examination;

(b) a computerized axial tomography examination, known as a Catscan;

(c) magnetic resonance imaging, known as an MRI; or

(d) other tests that are appropriate in accordance with current medical practice in Canada.

(3) If the Commissioner is of the opinion that the results of the testing described in subsections (1) and (2) are inconclusive, the Commissioner may order the boxer to undergo a pyschometric evaluation by a legally qualified practitioner.

(4) If a boxer loses a bout by knock-out or by a technical knock-out or, in the opinion of the referee, ringside medical practitioner or Commissioner, may have suffered an injury during a bout in either a winning or losing cause, the Commissioner shall suspend the licence of the boxer until the later of,

(a) the expiry of 60 days; and

(b) the time at which the boxer provides, to the ringside medical practitioner or Commissioner who required the boxer to undergo the examination under subsection (1), a certificate of medical fitness to participate in a boxing event signed by the legally qualified medical practitioner who conducted the examination.

8. Part IV of the Regulation is revoked.

9. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 3 to 7 come into force on the 90th day after the day on which this Regulation is filed.

Made by:

Gerry Phillips

Minister of Government Services

Date made: March 2, 2006.