O. Reg. 465/10: GENERAL


Published: 2010-12-03

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ontario regulation 465/10

made under the

Athletics Control Act

Made: November 23, 2010
Approved: December 1, 2010
Filed: December 3, 2010
Published on e-Laws: December 7, 2010
Printed in The Ontario Gazette: December 18, 2010


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

(General)

1. (1) The definition of “professional” in section 1 of Regulation 52 of the Revised Regulations of Ontario, 1990 is amended by striking out “of boxing” in the portion before clause (a).

(2) Clause (b) of the definition of “professional” in section 1 of the Regulation is amended by striking out “of boxing” and substituting “of the professional sport”.

(3) The definition of “professional contest or exhibition” in section 1 of the Regulation is amended by adding “or mixed martial arts” after “boxing” in the portion before clause (a).

(4) Section 1 of the Regulation is amended by adding the following subsection:

(2) Mixed martial arts are designated as a professional sport for the purpose of the definition of “professional contest or exhibition” in section 1 of the Act.

2. (1) The definition of “appearance forfeit” in section 2 of the Regulation is revoked and the following substituted:

“appearance forfeit” means the amount of money that a participant, under a written contract to appear in a professional contest or exhibition, agrees to pay in accordance with this Regulation upon failure to so appear;

(2) Section 2 of the Regulation is amended by adding the following definition:

“mixed martial arts” means fighting where blows are struck, in whole or in part, with the hand, elbows, knees or feet but does not include boxing;

(3) The definition of “weight forfeit” in section 2 of the Regulation is revoked and the following substituted:

“weight forfeit” means the amount of money that a participant, under a written contract to take part in a professional contest or exhibition, agrees to pay an opponent upon failure to comply with the weight requirements under the contract.

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

PART I
PROFESSIONAL CONTESTS OR EXHIBITIONS — GENERAL

2.1 This Part applies to all professional contests or exhibitions.

4. Subsections 3 (1) and (3) of the Regulation are amended by striking out “of boxing” wherever that expression appears.

5. Section 4.1, the heading immediately before section 5 and sections 5 and 6 of the Regulation are revoked.

6. The following provisions of the Regulation are amended by striking out “of boxing” wherever that expression appears:

1. Section 7.

2. Subsection 8 (1), in the portion after clause (h).

7. (1) Subsection 8 (2) of the Regulation is amended by striking out “professional boxer” and substituting “participant in a professional contest or exhibition”.

(2) The following provisions of the Regulation are amended by striking out “of boxing” wherever that expression appears:

1. Subsection 8 (5).

2. Subsection 8 (6).

3. Subsection 8 (7).

4. Subsection 8 (8).

5. Subsection 8 (9), in the portion before clause (a).

(3) Clause 8 (9) (b) of the Regulation is amended by striking out “fit to box” and substituting “fit to take part in the contest or exhibition”.

(4) Subsection 8 (10) of the Regulation is amended by striking out “of boxing” in the portion before clause (a).

(5) Clause 8 (10) (b) of the Regulation is amended by striking out “fit to box” and substituting “fit to take part in the contest or exhibition”.

(6) Subsection 8 (10.1) of the Regulation is revoked and the following substituted:

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

(a) the person 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 person 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 person is fit to take part in the contest or exhibition, based on the results of the medical examination.

(7) The following provisions of the Regulation are amended by striking out “of boxing” wherever that expression appears:

1. Subsection 8 (11).

2. Subsection 8 (14).

3. Subsection 8 (15).

(8) Subsections 8 (16) and (17) of the Regulation are revoked and the following substituted:

(16) Despite the fact that a person is required to hold a licence or permit under this Part to act as a second, a person who is the holder of a licence or permit to manage a participant in a professional contest or exhibition may act as a second at any professional contest or exhibition in which a participant managed by him or her takes part without being the holder of a second’s licence.

(17) No person who is the holder of a licence or permit to hold a professional contest or exhibition shall be issued a licence or permit to manage a participant in such a contest or exhibition.

(9) The following provisions of the Regulation are amended by striking out “of boxing” wherever that expression appears:

1. Subsection 8 (18).

2. Subsection 8 (19).

3. Subsection 8 (20).

4. Section 9.

8. (1) Subsection 10 (1) of the Regulation is amended by striking out “professional boxer” and substituting “participant in a professional contest or exhibition”.

(2) Subsection 10 (2) of the Regulation is revoked and the following substituted:

(2) A contract between a participant in a professional contest or exhibition and a person holding a professional contest or exhibition shall be in a form provided by the Commissioner.

9. (1) Subsection 11 (1) of the Regulation is amended by striking out “of boxing” in the portion before clause (a).

(2) Clause 11 (1) (a) of the Regulation is amended by striking out “boxer” and substituting “participant”.

(3) Clauses 11 (1) (b) and (c) of the Regulation are amended by striking out “boxers” wherever that expression appears and substituting in each case “participants”.

(4) The following provisions of the Regulation are amended by striking out “of boxing” wherever that expression appears:

1. Subsection 11 (2).

2. Subsection 11 (4).

3. Clauses 11 (8) (a) and (b).

4. Subsection 11 (9).

5. Subsection 12 (1), in the portion before clause (a).

10. (1) Clause 12 (1) (a) of the Regulation is revoked and the following substituted:

(a) furnish each participant with a stool, bucket and a pair of gloves;

(2) Subsection 12 (3) of the Regulation is revoked and the following substituted:

(3) A person holding a professional contest or exhibition may pay a participant his or her expenses before the commencement of the contest or exhibition but shall not pay the participant for his or her services until after the completion of the contest or exhibition and unless the Commissioner is present.

11. Section 13 of the Regulation is amended by striking out “of boxing”.

12. (1) Subsection 14 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) If the Commissioner fines a participant, the person holding the contest or exhibition shall,

. . . . .

(2) Clause 14 (1) (a) and subsection 14 (2) of the Regulation are amended by striking out “boxer” wherever that expression appears and substituting in each case “participant”.

13. Section 15 of the Regulation is amended by striking out “of boxing”.

14. (1) Subsection 16 (1) of the Regulation is revoked and the following substituted:

(1) A participant who is under contract to take part in a professional contest or exhibition shall weigh in,

(a) on the day of the contest or exhibition, if the contest or exhibition is not one of mixed martial arts; or

(b) on the day before the day of the contest or exhibition, if the contest or exhibition is one of mixed martial arts.

(1.1) The Commissioner shall designate the time and place of the weighing in.

(2) The following provisions of the Regulation are amended by striking out “boxer” wherever that expression appears and substituting in each case “participant”:

1. Subsection 16 (2).

2. Subsection 16 (3).

3. Subsection 16 (4).

15. (1) Subsection 17 (1) of the Regulation is revoked and the following substituted:

(1) A participant under contract to take part in a professional contest or exhibition shall undergo a medical examination on the day of the weighing in.

(2) Subsection 17 (2) of the Regulation is amended by striking out “boxer” and substituting “participant”.

(3) Subsection 17 (3) of the Regulation is revoked and the following substituted:

(3) A participant who is found by the medical examination to be unfit to participate or who is under the influence of drugs or of liquor, as defined in the Liquor Licence Act, shall not take part in the contest or exhibition.

16. Sections 17.1, 18 and 19 of the Regulation are revoked and the following substituted:

17.1 If a contract between a participant in a professional contest of exhibition and the person holding the contest or exhibition requires the participant to undergo a drug test on the day of the contest or exhibition, the Commissioner shall, on request, oversee the administering of the test and the person holding the contest or exhibition shall pay for the costs of administering the test.

17.2 (1) If a participant is under contract to take part in a professional contest or exhibition, the participant 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 participant from taking part in a professional contest or exhibition under any other jurisdiction.

(2) A participant mentioned in subsection (1) who does not submit the evidence described in that subsection shall not take part in the contest or exhibition.

18. If a participant under contract to take part in a professional contest or exhibition does not make the weight required under the contract, the opponent is entitled to the weight forfeit set out in the contract.

19. A participant under contract to take part in a professional contest or exhibition is not entitled to any purse or other remuneration or expenses not already paid to him or her if the participant,

(a) is found by a medical examination to be unfit to participate;

(b) does not appear for a bout; or

(c) appears for the bout but, in the opinion of the ringside medical practitioner, is not in a proper physical or mental condition to take part.

17. (1) The following provisions of the Regulation are amended by striking out “boxer” wherever that expression appears and substituting in each case “participant”:

1. Subsection 20 (1), in the portion before clause (a).

2. Subsection 20 (2), in the portion before clause (a).

3. Subsection 20 (3).

4. Subsection 20 (4).

(2) Clause 20 (4) (b) of the Regulation is amended by striking out “boxing event” and substituting “professional contest or exhibition”.

18. Section 21 of the Regulation is revoked and the following substituted:

21. A participant in a professional contest or exhibition who is required to undergo a medical examination in order to get a licence under this Part or who is required to undergo a medical examination under clause 20 (1) (b) shall provide the legally qualified medical practitioner conducting the examination with a complete history of the participant’s fight record and any injuries sustained during a fight.

19. (1) Subsections 22 (1), (2) and (3) of the Regulation are revoked and the following substituted:

(1) If a person is unable or refuses to take part in a professional contest or exhibition in accordance with the terms of his or her contract, the person holding the contest or exhibition shall notify the Commissioner forthwith.

(2) If the person holding the professional contest or exhibition so requests the Commissioner, the Commissioner may permit another person to substitute for the person unable or refusing to take part.

(3) If a person is unable or refuses to take part in a professional contest or exhibition and the Commissioner permits a substitute, the opponent shall take part in the contest or exhibition.

(2) Subsection 22 (4) of the Regulation is amended by striking out “boxer” and substituting “participant”.

20. (1) Subsection 23 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) If a person under contract to take part in a professional contest or exhibition fails to so take part and no substitute is obtained, the opponent is entitled to,

. . . . .

(2) Subsection 23 (2) of the Regulation is amended by striking out “of boxing” at the end.

(3) Subsection 23 (4) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(4) If a person under contract to take part in a professional contest or exhibition fails to so take part and a substitute is obtained,

. . . . .

(4) Clause 23 (4) (b) of the Regulation is amended by striking out “boxer” and substituting “person”.

(5) Clause 23 (4) (c) of the Regulation is amended by striking out “of boxing” at the end .

21. Section 24 of the Regulation is revoked and the following substituted:

24. If a person is under contract to take part in a professional contest or exhibition and before the contest or exhibition is held the person takes part in another contest or exhibition, the Commissioner may render the contract void by endorsing on it “This contract is void” if the Commissioner, after an investigation, is of the opinion that the person has, because of the previous fight, lessened his or her ability to participate in the contest or exhibition specified in the contract.

22. Subsection 25 (1), (2) and (4) of the Regulation are revoked and the following substituted:

(1) A participant in a professional contest or exhibition may have not more than three seconds.

(2) A participant who has two or more seconds shall designate one of them as chief second.

. . . . .

(4) A participant is responsible for the conduct of his or her seconds.

23. Subsections 31 (1) and (2) of the Regulation are amended by striking out “boxer” wherever that expression appears and substituting in each case “participant”.

24. (1) Subsection 32 (1) of the Regulation is amended by striking out “boxer” and substituting “participant in a professional contest or exhibition”.

(2) Subsection 32 (2) of the Regulation is amended by striking out “boxer” and substituting “participant”.

25. (1) Subsection 33 (3) of the Regulation is amended by striking out “boxer” wherever that expression appears and substituting in each case “participant” and by striking out “boxing” and substituting “participating”.

(2) Subsection 33 (4) of the Regulation is amended by striking out “boxer” and substituting “participant” and by striking out “boxing”.

(3) Subsection 33 (5) of the Regulation is amended by striking out “boxer” wherever that expression appears and substituting in each case “participant”.

26. Sections 34, 35, 36 and 37 of the Regulation are revoked.

27. (1) Clause 38 (2) (b) of the Regulation is amended by striking out “boxers” and substituting “participants”.

(2) Subsection 38 (3) of the Regulation is revoked.

(3) Subsection 38 (4) of the Regulation is amended by striking out “boxer” and substituting “participant”.

28. The following provisions of the Regulation are amended by striking out “boxers” wherever that expression appears and substituting in each case “participants”:

1. Clause 39 (b).

2. Clause 39 (c).

3. Clause 41 (b).

4. Subsection 42 (1).

29. Subsection 42 (2) of the Regulation is amended by striking out “boxer” wherever that expression appears and substituting in each case “participant”.

30. (1) Clause 43 (a) of the Regulation is amended by striking out “boxers” and substituting “participants” and by striking out “boxer” and substituting “participant”.

(2) The following provisions of the Regulation are amended by striking out “boxer” wherever that expression appears and substituting in each case “participant”:

1. Clause 43 (b).

2. Section 44.

31. Section 45 of the Regulation is revoked.

32. Sections 46 and 47 of the Regulation are revoked and the following substituted:

46. (1) The referee may stop a contest or exhibition if the referee considers that one of the participants is not trying to win, in which case the referee shall award the decision to the other participant.

(2) The referee may stop a contest or exhibition if the referee considers that neither participant is trying to win, in which case the referee shall declare the bout no contest.

PART I.1
PROFESSIONAL BOXING — GENERAL

47. This Part applies to professional contests or exhibitions of boxing in which blows may be struck by the fists alone or to professional contests or exhibitions of boxing in which blows may be struck by both the fists and the feet.

47.1 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.

47.2 (1) A boxer shall be deemed to be down when the boxer,

(a) touches the floor of the ring with any part of the body other than the feet;

(b) is hanging over the ropes in a helpless manner, and when the referee so indicates and begins the count; or

(c) is rising from a down position.

(2) When a boxer is down,

(a) the opponent shall at once go to a neutral corner;

(b) the referee shall call aloud at one-second intervals “one”, “two”, “three”, “four”, “five”, “six”, “seven”, “eight”, “nine”, “out”;

(c) the knock-down timekeeper shall immediately stand up and upon the referee calling “one” indicate aloud and by waving one arm the additional seconds as they elapse according to his or her stopwatch.

(3) A boxer who is down through accident shall rise immediately but a boxer who is knocked down shall take a mandatory eight count.

(4) When calling “out”, the referee shall raise his or her hands over his or her head and declare the boxer in the neutral corner to be the winner by a knock-out.

(5) If a boxer is down and the opponent leaves the neutral corner while the referee is counting, the referee shall stop counting and resume where he or she left off only when the opponent is again in the neutral corner.

(6) If a boxer who has been knocked down or through the ropes rises before the referee calls “out”, but falls again before being hit by the opponent, the referee shall resume counting where he or she left off.

(7) If both boxers go down at the same time, the referee shall continue to count until both of them get up or until he or she calls “out”, whichever happens sooner.

(8) When the boxers are both counted out, the referee shall stop the bout and the decision shall be given in accordance with the points awarded before the count began.

(9) If a boxer fails to resume boxing immediately after the interval between rounds, the referee shall count as if the boxer were down.

(10) If a boxer is knocked down and while the referee is counting the bell or gong indicates the end of the round, the referee shall,

(a) stop counting where the round is the last round of the bout; or

(b) continue to count, where the round is not the last round of the bout, until the referee calls “out” or the boxer rises, whichever happens sooner.

(11) A boxer who is knocked through the ropes and out of the ring shall be given 18 seconds to re-enter the ring.

47.3 A boxer shall be deemed to be knocked out if the boxer,

(a) touches the floor of the ring for ten seconds or more with any part of the body other than the feet;

(b) hangs unconscious on the ropes; or

(c) in the opinion of the referee, is at any time incapable of continuing or is outclassed.

47.4 If, in the opinion of the referee, a boxer is incapable of continuing the bout because of a cut near the eye, the referee shall,

(a) stop the bout; and

(b) if the cut was,

(i) caused by a blow, award the decision to the boxer delivering the blow,

(ii) caused by an intentional butt, award the decision to the injured boxer after disqualifying the opponent, or

(iii) accidental, declare the bout a draw.

47.5 Subject to subsection 59 (1) or 75 (1), as the case may be, the referee shall warn a boxer who commits a foul.

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

52.1 (1) The Uniform Championship Rules published by the Association of Boxing Commissions and dated July 3, 2008, a copy of which is published on the website of the Ministry of the Minister, apply to a professional contest or exhibition of boxing in which blows may be struck by the fists alone if the contest or exhibition is scheduled to last for at least 10 rounds, and no more than 12 rounds, and the winner of it is scheduled to receive a title within a weight division.

(2) If the Uniform Championship Rules mentioned in subsection (1) apply to a professional contest or exhibition, subsections 34 (10) and (11), section 37 and subsection 53 (4) do not apply to it.

34. Section 80 of the Regulation is revoked and the following substituted:

PART IV
MIXED MARTIAL ARTS

80. This Part applies to professional contests or exhibitions of mixed martial arts.

81. The document entitled Mixed Martial Arts Unified Rules of Conduct, subchapter 24A, published by the New Jersey State Athletic Control Board and adopted by that Board on February 18, 2003, a copy of which is published on the website of the Ministry of the Minister, applies to a professional contest or exhibition of mixed martial arts.

PART V
AMOUNT PAYABLE TO the MINISTER

82. The amount payable to the Minister under subsection 5 (1) of the Act in respect of a professional contest or exhibition is,

(a) 2 per cent of the gross receipts of the contest or exhibition if it is not one of mixed martial arts; and

(b) 5 per cent of the gross receipts of the contest or exhibition if it is one of mixed martial arts.

35. This Regulation comes into force on the later of January 1, 2011 and the day it is filed.

Made by:

John Philip Gerretsen

Minister of Consumer Services

Date made: November 23, 2010.