Part 1, Section 2 | HORSE RACING ALBERTA ACT | RSA 2000 | Chapter H-11.3
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) 4 members of the general public.
(2) The Minister may appoint one person to the board who shall not have voting rights on the board.
(2.1) In addition to the person referred to in subsection (1)(f), all other racing breed associations in the Province recognized by the Corporation, excluding the associations referred to in subsection (1)(b), (d) and (e), may appoint one other person to the board who shall not have voting rights on the board.
(3) For the purposes of making an appointment referred to in subsection (1)(a) and (i), the following applies:(a) the board shall form a selection committee from among the directors;
(b) if there is a vacancy or a vacancy will occur within 12 months in a position on the board referred to in subsection (1)(a) or (i),
(i) if there is unanimous consent of the board for reappointment of the current chair or a current member
of the general public, the current chair or the current member of the general public is reappointed, or
(ii) if subclause (i) does not apply, the selection committee shall advertise, subject to the rules, for nominations of
persons for appointment;
(c) after receiving nominations, the selection committee shall submit to the board the name of a candidate from the nominated persons to fill the position on the board that is or will be vacant;
(d) if a 2/3 majority of the board votes in favour of the candidate, the candidate is appointed to fill the vacancy or upcoming vacancy;
(e) if the candidate is not appointed under clause (d),
(i) if there is unanimous consent of the board for reappointment of the current chair or a current member
of the general public, the current chair or the current member of the general public is reappointed, or
(ii) if subclause (i) does not apply,
(A) the steps in clauses (c) and (d), or
(B) if the selection committee determines that additional nominations are advisable, the steps in clauses (b), (c) and (d)
shall be repeated.
(3.1) For the purposes of making an appointment referred to in subsection (1)(a) and (i),
(a) the board must identify any skills, knowledge, experience or attributes required of the director before recruitment begins,
(b) the selection committee must base the selection of a person under subsection (3)(c) on an assessment of the extent to which the person possesses the identified skills, knowledge, experience or attributes, and
(c) the board must base the selection of a person for appointment as a director on an assessment of the extent to which the person possesses the identified skills, knowledge, experience or attributes.
(4) The term of office of a director of the board is 3 years or a shorter period of time set by the person appointing the person to the board.
(5) A person who is a director of the board may be reappointed as a director of the board but
(a) that person is not eligible to serve for more than 6 consecutive years as a director of the board, and
(b) where the person has served for 6 consecutive years as a director of the board, that person is not eligible to be appointed again as a director until 3 years has elapsed from the day that the person’s last appointment to the board terminated.
(6) No person may be appointed as a director of the board if, within the last 5 years, the person has been convicted of an offence under the Gaming, Liquor and Cannabis Act or this Act or has been convicted of an indictable offence under the Criminal Code (Canada).
(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 directors of the board who have voting rights.
RSA 2000 cR-1 s2;2002 c22 s4;2013 c10 s18;2017 c21 s29; 2022 c21 s40;2023 c3 s10
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.
RSA 2000 cR-1 s6;2023 c3 s10
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.
RSA 2000 cR-1 s9;2023 c3 s10
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.
RSA 2000 cR-1 s12;2023 c3 s10