From Speed to Safety: Horse Racing Laws in Ontario

Recently, I got the opportunity to attend the oldest Thoroughbred horse race in North America, the King’s Plate. With that name, you can guess it relates to the British monarchy. It was named the Queen’s Plate during Queen Elizabeth II’s reign. It was marketed as a momentous historic event, a sporting event, a betting event and a fashion event. I enjoyed the event. Many cultures have long enjoyed horse racing. However, the King’s Plate got me thinking about the rules and protections in place for the horses today.

As I began my research, I found that the regulations for horses involved in sports, including equestrian and horse racing, vary and are regulated by different bodies in different jurisdictions. Before 2021, the United States had no federal body regulating the treatment of horses, and the rules on how to treat horses differed across state lines. This surprised me, as one would think the popularity of events like the Kentucky Derby would require a regulatory body. As a result, we can’t be sure horse performers have been well treated in every jurisdiction in North America, let alone on a global scale. Many owners provide their horses with great care, keeping them in large, ventilated stables and providing plenty of field space and sunshine. But there are also owners who mistreat horses, causing them stress, drugging them and holding them in small spaces with little room to move. Like pet owners, I believe most horse owners take care of their horses, but there are cases where horses are mistreated or neglected.

So, what has been done to ensure the accountability of horse owners and those working with racehorses? In the United States, the Horseracing Integrity and Safety Act (HISA) took effect on July 1, 2022, creating the Horseracing Integrity and Safety Authority as a national private self-regulatory organization. It aims to improve the safety and welfare of racehorses and jockeys and maintain the sport’s integrity by creating uniform standards for racetrack safety. The HISA’s Anti-Doping and Medication Control (ADMC) rules and regulations were just implemented on May 22, 2023. The ADMC unifies the screening process for drug testing and penalties for those who break the rules. For example, the labs will now test for the same level of the same substances; in the past, states had varying rules on the substances and levels allowed.

However, the HISA has caused some pushback from individual state authorities. These authorities feel that the HISA favours rules set by a private entity rather than those set by state-elected officials working with horsemen. Despite the implementation of the HISA racetrack rules in 2022, which included limits on how many times a jockey can whip a horse, horse deaths have still been reported, including four at Churchill Downs in 2022 leading up to the Kentucky Derby. We can only hope that the HISA will reduce the number of deaths and mistreatment of horses over time as the horseracing nation gets used to the new regulations.

What about Canada? Horse racing is also a thrilling and popular sport in Canada, attracting both avid fans and casual spectators. The country has federal legislation for equine and livestock horses; however, horse racing is predominately regulated by individual provincial and territorial bodies. In Ontario, the Alcohol and Gaming Commission of Ontario (AGCO) is responsible for regulating horse racing. The organization was established in 2015 from the Horse Racing Licensing Act, which transferred the responsibilities from the Ontario Racing Commission (ORC). Behind the excitement and spectacle, several laws and regulations govern horse racing conduct to ensure fairness, safety and integrity, particularly in Ontario. In this article, I’ll introduce you to eight rules for Thoroughbred horse racing in Ontario—Thoroughbred refers to horses used in horse racing that are bred for their speed and agility—giving you an understanding of Thoroughbred rules that shape this beloved sport.

1. Rules Regarding Hypodermic Syringes and Needles

One of the fundamental rules in horse racing is the prohibition of certain substances and devices that could enhance a horse’s performance. According to Rule 15.02.01 of the AGCO’s Rules of Thoroughbred Racing, individuals other than licensed veterinarians or authorized staff may not have hypodermic syringes, needles or other injection devices without permission from the stewards or registrar.

2. Consent to Examination, Search and Inspection

Horse racing participants, including owners, trainers and jockeys, implicitly consent to the examination, search and inspection of their horses and belongings. This consent is outlined in Rule 15.02.02 of the Rules of Thoroughbred Racing and lets regulators seize any prohibited substances or devices. The confiscated items are forwarded to the official chemist for analysis.

3. Prohibition of Nerving Horses

To ensure the welfare of horses, Rule 15.02.04 of the AGCO Rules of Thoroughbred Racing states that horses that have been nerved permanently (Nerving a horse is a surgical procedure performed to eliminate sensation and nerves in the foot. It is typically considered as a final option for horses suffering from persistent foot pain) or temporarily desensitized above their pastern are not eligible to race. This rule extends to horses that have been subjected to procedures such as blocking the volar or plantar nerves with alcohol or other drugs.

4. Recording of Nerved Horses

The commission veterinarian or official veterinarian is responsible for recording information about nerved horses on the commission’s prerace card, as stated in Rule 15.02.05 (AGCO Rules of Thoroughbred Racing). This information, including whether a horse has been nerved, is accessible to licensed owners or trainers. In the interest of transparency, Rule 15.02.07 mandates the posting of a list of all nerved horses by the AGCO. This lets stakeholders and the public access information regarding the status of nerved horses.

5. Eligibility of Previously Nerved Horses

Horses nerved before March 2, 2020, are still eligible to race if they were previously on the commission’s list of nerved horses, according to Rule 15.02.06. However, no new horses will be added to the list of nerved horses.

6. Emergency Drug Administration

In emergencies where licensed veterinarians are unavailable, Rule 15.02.08 (AGCO Rules of Thoroughbred Racing) allows owners, trainers or attendants to administer oral drugs to horses. However, this must be reported to the commission veterinarian or official veterinarian upon their return, who will inform the stewards and determine the proper action, such as scratching the horse (i.e. removing the horse from a race and taking them off the betting card) or letting the horse run.

7. Sampling and Testing Procedures and the Collection and Identification of Specimens

To maintain the integrity of horse racing, detailed procedures for sampling and testing are outlined in Rule 15.03.01 (AGCO Rules of Thoroughbred Racing). These procedures require urine and blood samples to be taken from the winning horse of every race and other selected horses, as directed by the stewards, commission veterinarian or official veterinarian. Part V of the Pari-Mutuel Betting Supervision Regulations under the Criminal Code (Canada) provides guidelines for collecting and identifying urine or blood specimens from horses at the racetrack. All officials involved in the process must adhere to these rules.

8. Penalties for Positive Tests

In the event of a horse testing positive for prohibited substances, Rule 15.04.01 (AGCO Rules of Thoroughbred Racing) outlines the protocol for reporting and addressing the findings. The official chemist’s report serves as prima facie evidence of a positive test, and the trainer or their representative is promptly notified. The stewards or administration may then take actions such as letting the trainer continue their business, suspending the trainer, placing conditions on their license or determining the horse’s eligibility.

These eight laws provide a glimpse into the complex and comprehensive regulatory framework that governs horse racing in Ontario. The AGCO has rules similar for racing Standardbred horses. While Thoroughbreds are known for their speed and stamina, typically participating in flat racing, Standardbreds are recognized for their endurance and versatility. You’ll often see jockeys on top of Thoroughbred horses, but other common forms of horse racing include a Standardbred horse dragging a chariot or wearing a harness. Standardbred horses are considered strong and sturdy and are known for their trotting speed.

Comparison of the Regulations of Standardbred and Thoroughbred Horse Racing in Ontario:

1. Penalties and Violations: Both types of racing have stringent rules about conduct and violations. However, the specifics of the penalties and how they are enforced can differ. In both types, participants accused of violating the rules are given the opportunity to respond before any penalty is imposed. However, the process and timeline for this response can vary significantly.
2. Medication and Substance Use: Both Standardbred and Thoroughbred racing have strict regulations about using medications and substances on racehorses. Both types of racing require samples to be taken for testing under the guidelines in the Pari-Mutuel Betting Supervision Regulations under the Criminal Code. The substances prohibited for both types of horse racing include those that are not labelled for veterinary use or not prescribed by a veterinarian, substances that could endanger the horse’s health and welfare or the safety of the jockey or driver, and certain specified substances such as erythropoietin and its synthetic derivatives. However, the testing protocols may vary regarding when and how the tests are conducted and how the results are handled.
3. Vet Rules: In both types of racing, only veterinarians licensed by the AGCO can perform certain treatments and procedures, such as administering extracorporeal shock wave therapy or using a blood gas machine. However, the specific treatments and procedures—and the conditions under which they can be performed—can vary between the two.
4. Death Reporting: Both types of racing also have rules about reporting horse deaths. Trainers or owners must report the death of a horse within a certain timeframe and provide detailed information.
5. Betting and Wagering Rules: There are restrictions on who can bet on races, particularly for those involved in the race. The rules prohibit certain individuals, such as owners, trainers, drivers, or jockeys, from betting on other horses in a race in which they have a horse participating. Violating betting rules can result in penalties, including monetary fines or suspensions. The specifics of these penalties can vary between Standardbred and Thoroughbred racing.
6. Racing Officials and Employees: There are also restrictions on racing officials and employees. For example, they are prohibited from racing horses they own or wagering on any horses at tracks where they are employed or officiating.

The rules and regulations governing Standardbred and Thoroughbred racing in Ontario are comprehensive and designed to ensure the welfare of the horses, the integrity of the races and the fairness of the sport.

In addition to these laws, horse racing regulations vary between provinces in Canada. Each province has its own horse racing commission or regulatory body overseeing the sport. Will we ever see a federal body take over the sport like in the United States? I believe the industry is paying attention to what is happening down south, and Canada might be inspired to follow suit in the future. However, for now, the provincial bodies prefer to regulate the sport in each province. The former Ontario regulator, the ORC, was internationally recognized for its approach to proactive investigation and regulation practices. The ORC has been integrated into the AGCO, which remains dedicated to maintaining the balance among the welfare of the horses, the safety of all participants and the interest of the public.  

In conclusion, the regulation and treatment of horses in sports, specifically in equestrian activities and horse racing, have raised concerns, particularly in North America. Although many horse owners provide excellent care for their animals, there are instances of mistreatment and neglect. However, there is hope for improvement with the recent implementation of the HISA in the United States. The primary objective of the HISA is to enhance the safety, welfare and integrity of racehorses by establishing the Horseracing Integrity and Safety Authority. To ensure consistent standards for drug testing and penalties, the HISA enforces the ADMC regulations. Despite these efforts, horse fatalities continue to be reported, suggesting the ongoing need for progress. In Canada, horse racing is primarily regulated by provincial and territorial bodies, with the AGCO responsible for overseeing horse racing in Ontario. The AGCO has established rules to guarantee fairness, safety and integrity in both Standardbred and Thoroughbred horse racing. While measures have been taken to address the welfare of racehorses, there is still room for improvement.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. I am not responsible for any damages resulted from using information in this article. Please consult a lawyer for advice on your unique circumstances.