Bill 72 - Combat Sport Act

BILL 72

Combat Sport Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

DEFINITIONS

Definitions

1 The following definitions apply in this Act.

“amateur bout” means a bout in which contestants are not paid to participate with the exception of the reimbursement of expenses incurred in participating. (combat amateur)

“bout” means (combat)

(a) a contest between two contestants, or

(b) an exhibition between two contestants in which there is no score or decision.

“combat sport” means a sport in which fighters use striking, throwing, grappling or submission techniques, or a combination of those techniques. (sport de combat)

“Commission” means the New Brunswick Combat Sport Commission established under section 4. (Commission)

“event” means an event in which one or more professional bouts, amateur bouts, or professional bouts and amateur bouts take place. (manifestation sportive)

“medical practitioner” means a person lawfully entitled to practise medicine in the Province. (médecin)

“Minister” means the Minister of Healthy and Inclusive Communities and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)

“municipality” means a municipality as defined in the Municipalities Act. (municipalité)

“official” means a corner-person, judge, referee, room supervisor or timekeeper. (officiel)

“prescribed combat sport” means a combat sport prescribed under section 2 or by regulation. (sport de combat designé)

“professional bout” means a bout in which contestants participate for financial gain or who stand to gain financially from their participation. (combat professionnel)

“ringside medical practitioner” means a medical practitioner who is responsible for performing the duties and exercising the powers prescribed by regulation at an event. (médecin de ring)

“school” means a school as defined in the Education Act. (école)

PRESCRIBED COMBAT SPORTS

Prescribed combat sports

2( 1) The following combat sports are prescribed for the purposes of this section:

(a) boxing;

(b) judo;

(d) tae kwon do; and

(e) wrestling.

2( 2) The Lieutenant-Governor in Council may, by regulation, prescribe additional combat sports for the purposes of this section.

2( 3) The Lieutenant-Governor in Council may, by order, authorize a provincial sport organization to approve and regulate events in which one or more amateur bouts in a prescribed combat sport take place.

2( 4) Subject to subsection 3(1), no person shall hold an event referred to in subsection (3) without the approval of the provincial sport organization authorized to approve and regulate that event.

2( 5) The Regulations Act does not apply to an order made under subsection (3).

Deemed approval for events held by educational institutions

3( 1) A school, university or community college may hold an event in which one or more amateur bouts in a prescribed combat sport take place without the approval referred to in subsection 2(4) if the event is being held as a part of the institution’s curriculum or extra-curricular programming.

3( 2) An event referred to in subsection (1) shall be deemed to be an approved event.

NEW BRUNSWICK COMBAT SPORT COMMISSION

Establishment of Commission

4 The New Brunswick Combat Sport Commission is established as a body corporate.

Objects and purposes

5( 1) Subject to subsection (2), the objects and purposes of the Commission are to approve and regulate events in combat sports, including

(a) issuing permits for the holding of events,

(b) issuing licences for persons who participate in events,

(d) carrying out any other activities or duties authorized or required under this Act or that the Lieutenant-Governor in Council directs.

5( 2) The Commission is not responsible for approving and regulating events in which one or more amateur bouts in a prescribed combat sport take place or events in which one or more professional bouts in wrestling take place.

Powers

6( 1) Subject to this Act, in respect of its objects and purposes, the Commission has the capacity and the rights, powers and privileges of a natural person.

6( 2) Without limiting the generality of subsection (1), the Commission may hire the employees and retain the services of the advisers necessary to carry out the purposes of this Act.

Agent of the Crown

7 The Commission is an agent of the Crown.

Commission membership

8( 1) The Commission shall consist of four members appointed by the Lieutenant-Governor in Council.

8( 2) One member appointed under subsection (1) shall be a medical practitioner.

8( 3) The Lieutenant-Governor in Council shall appoint one member as chair of the Commission.

Term of office and vacancies

9( 1) A member of the Commission shall be appointed for a term of up to three years and is eligible for reappointment.

9( 2) The Lieutenant-Governor in Council may revoke the appointment of a member for cause.

9( 3) Subject to subsection (2), a member remains in office until the member resigns or is reappointed or replaced.

9( 4) A vacancy on the Commission does not impair the capacity of the Commission to act.

9( 5) In the case of the temporary absence or inability to act of a member of the Commission, the Lieutenant-Governor in Council may appoint a substitute for the member for the period of the temporary absence or inability to act.

9( 6) If a vacancy occurs during the term of a member of the Commission, a person may be appointed to serve the remainder of that member’s term.

Remuneration and expenses

10( 1) A member of the Commission who is not employed in the public service of the Province is entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.

10( 2) A member of the Commission is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties in accordance with the Board of Management travel policy guidelines, as amended.

Immunity

11 No action or other proceeding lies or shall be instituted against any of the following persons for anything done or purported to be done in good faith, or in relation to anything omitted in good faith by the person while acting under the authority of this Act or the regulations:

(a) the Commission;

(b) the chair or a former chair of the Commission;

(d) an inspector or former inspector appointed under the Act; and

(e) an employee or former employee of the Commission.

By-laws

12( 1) Subject to this Act, the Commission may make by-laws governing the administration, management and conduct of its affairs.

12( 2) The Commission shall make by-laws governing conflict of interest of members of the Commission and employees of the Commission.

12( 3) A by-law made under subsection (1) or (2) is ineffective until it has been approved by the Minister.

12( 4) The Regulations Act does not apply to a by-law made under subsection (1) or (2).

Fiscal year

13 The fiscal year of the Commission begins on April 1 of one year and ends on March 31 in the next year.

Audit

14( 1) The financial statements of the Commission shall be audited at least once a year by the Auditor General.

14( 2) Within two months after the end of each fiscal year, the Commission shall provide its audited financial statements to the Minister.

Budget

15( 1) The Commission shall submit a proposed budget to the Minister for approval, at a time determined by the Minister.

15( 2) On receiving the proposed budget, the Minister shall approve the budget or return it to the Commission with recommendations for amendments.

Banking

16( 1) The Commission shall manage and control accounts in its name in a bank, trust company or credit union designated by the Minister of Finance for the purposes of subsection 17(1) of the Financial Administration Act.

16( 2) Despite the Financial Administration Act, all money received by the Commission through the conduct of its operations or otherwise is to be deposited to the credit of the accounts established under subsection (1) and shall be administered by the Commission exclusively in the exercise and performance of its powers, duties and functions.

Non-application to events in which amateur bouts in prescribed combat sports take place

17 Sections 19 to 41 do not apply with respect to an event in which one or more amateur bouts in a prescribed combat sport take place.

Non-application to events in which professional bouts in wrestling take place

18 Sections 19 to 41 do not apply with respect to an event in which one or more professional bouts in wrestling take place.

EVENT PERMITS

Prohibition on holding an event in a combat sport without a permit

19 No person shall hold an event in a combat sport unless the person holds an event permit issued by the Commission for that event.

Application

20( 1) An application for an event permit shall be submitted to the Commission, within the time prescribed by regulation, on a form provided by the Commission.

20( 2) An application for an event permit shall contain the information prescribed by regulation and shall be accompanied by the fee and the documents prescribed by regulation.

20( 3) The Commission may require an applicant for an event permit, if an individual, to submit the results of a criminal record check carried out on the applicant dated not more than three months before the date of the application.

20( 4) The Commission may accept an application for an event permit after the expiration of the time prescribed by regulation if it is of the opinion that in accepting the application after the time prescribed there is no increased risk to the health and safety of the persons participating in or attending the event.

Fee on gross gate receipts

21( 1) In this section, “gross gate receipts” means the revenue derived from admissions to an event in a combat sport and the revenue derived from the sale of the broadcast rights for the event, after the deduction of taxes.

21( 2) The holder of an event permit shall pay to the Commission a fee in the amount determined by multiplying the amount of the gross gate receipts for the event by the percentage prescribed by regulation.

21( 3) The percentage referred to in subsection (2) shall not exceed 5%.

21( 4) The fee referred to in subsection (2) shall be paid to the Commission within 14 days after the date the event is held.

Issuance

22( 1) The Commission, on being satisfied that the applicant has fulfilled all of the requirements of this Act and the regulations in relation to an application for an event permit, may issue an event permit to the applicant.

22( 2) An event permit issued under this section is valid only for the event set out in the permit and is not transferable.

Terms and conditions and other requirements

23( 1) The Commission may, when issuing an event permit, or by written notice at any time, impose on the event permit any terms and conditions the Commission considers appropriate.

23( 2) The holder of an event permit shall provide the Commission with any documents and information prescribed by regulation within the time prescribed by regulation.

23( 3) The Commission may accept documents or information provided by an event permit holder after the expiration of the time prescribed by regulation if it is of the opinion that in accepting the documents or information after the time prescribed there is no increased risk to the health and safety of the persons participating in or attending the event.

Commission may require medical information

24 In addition to any medical information prescribed by regulation, the Commission may require the holder of an event permit to provide the Commission with medical information, including the results of medical tests, for a person who intends to participate in an event as a contestant.

Refusal to issue

25( 1) The Commission may refuse to issue an event permit if in the Commission’s opinion,

(a) having regard to the past conduct of the applicant, the applicant will not act with honesty or integrity, or

(b) it is in the public interest.

25( 2) The Commission may refuse to issue an event permit if the applicant fails to provide any document or information required by the Commission.

25( 3) The Commission shall not refuse to issue an event permit under this section without giving the applicant an opportunity to be heard.

Revocation before the event

26( 1) If the Commission is satisfied that a provision of this Act, the regulations or the terms and conditions of the event permit has not been complied with, the Commission may revoke an event permit before the date of the event.

26( 2) The Commission shall not revoke an event permit under this section without giving the holder of the event permit an opportunity to be heard.

LICENCES

Categories and subcategories of licences

27( 1) The following licences are prescribed for the purposes of this Act and the regulations:

(a) a promoter’s licence;

(b) a contestant’s licence;

(d) a judge’s licence;

(e) a referee’s licence;

(f) a room-supervisor’s licence; and

(g) a timekeeper’s licence.

27( 2) A contestant’s licence authorizes the holder to participate

(a) in professional bouts, or

(b) in amateur bouts.

Prohibition on acting without a licence

28 No person shall participate in any of the following activities unless the person holds the relevant licence prescribed under subsection 27(1):

(a) acting as a promoter for an event in a combat sport;

(b) participating as a contestant in an event in a combat sport;

( i) a corner-person,

( ii) a judge,

( iii) a referee,

( iv) a room supervisor, or

( v) a timekeeper.

Application

29( 1) An application for a licence shall be submitted to the Commission on a form provided by the Commission.

29( 2) An application for a licence shall contain the information prescribed by regulation and shall be accompanied by the fee and the documents prescribed by regulation.

29( 3) In addition to the information and documents prescribed by regulation, the Commission may require an applicant to supply evidence satisfactory to the Commission that the applicant is qualified to perform the activity that is the subject of the licence, which may include evidence of technical knowledge, training and experience.

29( 4) In addition to the information and documents prescribed by regulation, the Commission may require an applicant for a promoter’s licence to submit the results of a criminal record check carried out on the applicant dated not more than three months before the date of the application.

Commission may require medical testing

30 The Commission may require an applicant for a licence to undergo any medical tests that the Commission considers appropriate.

Issuance

31( 1) The Commission, on being satisfied that the applicant has fulfilled all of the requirements of this Act and the regulations in relation to an application for a licence, may issue a licence to the applicant.

31( 2) A licence issued under this section is valid from the date of issue until December 31 of the same year.

31( 3) A licence issued under this section is not transferable.

Terms and conditions

32 The Commission may, when issuing a licence, or by written notice at any time, impose on the licence any terms and conditions the Commission considers appropriate and may among other things, restrict the licence to

(a) a particular combat sport,

(b) a particular skill level within a combat sport,

(d) events in which one or more amateur bouts take place.

Refusal to issue

33( 1) The Commission may refuse to issue a licence if, in the Commission’s opinion,

(a) having regard to the past conduct of the applicant, the applicant will not act with honesty or integrity, or

(b) it is in the public interest.

33( 2) The Commission may refuse to issue a licence if the applicant fails to provide any document or information required by the Commission.

33( 3) The Commission shall refuse to issue a licence if the applicant has a suspended licence in another jurisdiction in respect of an activity similar to the activity that is the subject of the licence.

33( 4) The Commission shall not refuse to issue a licence under this section without giving the applicant an opportunity to be heard.

Revocation

34( 1) If the Commission is satisfied that a provision this Act, the regulations or the terms and conditions of the licence are not being complied with, the Commission may revoke a licence.

34( 2) The Commission shall not revoke a licence under this section without giving the holder of the licence an opportunity to be heard.

Medical suspension of a contestant’s licence

35( 1) A contestant’s licence shall be suspended for 60 days if the holder of the licence suffers a knockout or a technical knockout at an event.

35( 2) If a ringside medical practitioner requires a contestant to undergo medical examinations or testing after an event, his or her contestant’s licence shall be suspended until he or she submits the results of the required medical examinations or tests to the Commission.

Age to participate as a contestant

36( 1) A person shall have attained the age of 18 years to be eligible to hold a contestant’s licence referred to in paragraph 27(2)(a).

36( 2) Despite subsection (1), if the Commission is of the opinion that a person has the skills and experience necessary to participate as a contestant in professional bouts in a combat sport based on his or her record as a contestant in amateur bouts in a combat sport, the Commission may issue a licence to a person who has not attained the age of 18 years.

ENFORCEMENT

Appointment of inspectors

37( 1) The Commission may appoint in writing a person as an inspector for the purpose of ensuring compliance with this Act and the regulations.

37( 2) The Commission shall issue to every inspector a certificate of appointment and every inspector, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.

Inspection powers

38( 1) For the purpose of determining whether the Act, the regulations or the conditions of an event permit or licence are being complied with, an inspector, in carrying out an inspection may, at any reasonable time, enter and inspect any premises in the Province where an event is being held or is to be held.

38( 2) Before or after attempting to enter a place referred to in subsection (1), an inspector may apply for an entry warrant under the Entry Warrants Act.

38( 3) An inspector shall not enter a private dwelling under subsection (1) unless the inspector is entering in one of the following circumstances:

(a) the inspector is entering with the consent of a person who appears to be an adult and an occupant of the dwelling; or

(b) the inspector has obtained an entry warrant under the Entry Warrants Act.

38( 4) During an inspection, an inspector may do any of the following:

(a) require to be produced for inspection, or for the purpose of obtaining copies or extracts, any record or document relevant to the inspection; and

(b) make those examinations and inquiries of any person that the inspector considers necessary for the purpose of ensuring compliance with this Act and the regulations.

38( 5) Immediately on demand by an inspector, a person shall produce a record or document required by the inspector under subsection (4).

38( 6) Every person shall give an inspector all reasonable assistance to enable the inspector to carry out an inspection under this section, including providing the inspector with the information that the inspector reasonably requires.

38( 7) An inspector acting under this section may request the assistance of a peace officer.

Power of inspector to stop an event

39( 1) An inspector may order an event to be stopped if the inspector is satisfied that

(a) the Commission has not issued an event permit for the event, or

(b) the health or safety of the persons participating in or attending the event is at risk.

39( 2) An inspector may order an event to be stopped or suspended if the inspector is satisfied that there has been a contravention of the Act, the regulations or the conditions of the event permit.

39( 3) An inspector may allow an event to resume after ordering a suspension under subsection (2), if the contravention has been rectified to the inspector’s satisfaction.

39( 4) If an inspector orders an event stopped or suspended under this section, the inspector shall, within 48 hours after the order, put the contents of the order into writing and shall serve it on each person to whom the order was directed.

39( 5) An inspector acting under this section may request the assistance of a peace officer.

Obstruction of inspectors

40( 1) No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under section 38.

40( 2) A person is not interfering with or obstructing an inspector if the person refuses to consent to the inspector entering a private dwelling unless an entry warrant has been obtained.

Offences and penalties

41( 1) A person who violates or fails to comply with section 19, 28 or subsection 40(1) of this Act commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.

41( 2) A prosecution for an offence under this Act shall be commenced within two years after the date on which the offence was, or is alleged to have been, committed.

GENERAL

Effect on municipal commissions

42( 1) On and after the commencement of this section, a commission or other body established under a municipal by-law shall have no authority to regulate or approve events in combat sports, including but not limited to the following:

(a) requiring the commission’s or other body’s approval for an event to be held within a municipality;

(b) prohibiting an event to be held within a municipality if it has not been approved by the commission or other body;

(d) issuing permits or licences with respect to an event held within a municipality;

(e) charging fees for permits or licences with respect to an event held within a municipality;

(f) assessing fees on gross gate receipts for an event held within a municipality;

(g) establishing rules of conduct for participants of an event held within a municipality;

(h) preventing the attendance of a person at an event held within a municipality; and

(i) requiring the attendance of a person at an event held within a municipality.

42( 2) The provisions of this Act and the regulations under this Act shall be deemed to supersede all other provisions that may exist in any other Act, public or private, any regulation made under an Act, any municipal by-law or municipal charter with respect to the regulation of events in any combat sport, even if there is no conflict between the provisions of this Act and the regulations under this Act and the other provisions.

Administration

43 The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.

Regulations

44( 1) The Lieutenant-Governor in Council may make regulations

(a) prescribing additional combat sports for the purpose of section 2;

(b) prescribing the fee payable for an event permit;

(d) prescribing the information to be included in an application for an event permit;

(e) prescribing the documents to accompany an application for an event permit;

(f) prescribing the eligibility requirements for an event permit;

(g) specifying the authorities from whom a person is required to receive approval for the holding of an event before applying for an event permit;

(h) prescribing information and documents to be provided to the Commission by the holder of an event permit;

(i) prescribing the time limits for providing information and documents referred to in paragraph (h);

(j) requiring that the combat sport rules followed at an event be issued by a national or international combat sport organization;

(k) specifying additional authorizations with respect to an event that are required to be provided to the Commission by the holder of an event permit;

(l) prescribing requirements for a security plan for an event;

(m) prescribing the medical information, including medical test results to be provided to the holder of an event permit by the holder of a contestant’s licence who intends to participate in the event;

(n) requiring the holder of an event permit to provide the information referred to in paragraph (m) to the Commission;

(o) prescribing a percentage for the purposes of subsection 21(2);

(p) prescribing the fees payable for a licence;

(q) prescribing the information to be included in an application for a licence;

(r) prescribing the documents to accompany an application for a licence;

(s) prescribing the medical information, including medical test results, to be provided to the Commission by an applicant for a licence;

(t) prescribing the minimum number of officials that a promoter is required to have in attendance at an event, which may vary by combat sport;

(u) prescribing the maximum number of corner-persons per contestant at an event;

(v) prescribing the minimum number of ringside medical practitioners that a promoter is required to have in attendance at an event;

(w) prescribing the duties and powers of licence holders at an event;

(x) prescribing the duties and powers of ringside medical practitioners at an event;

(y) prescribing the duties and powers of inspectors at an event;

(z) prescribing the responsibilities of announcers at an event;

(aa) establishing procedures with respect to weigh-ins at an event, including prescribing the persons required to be in attendance at a weigh-in;

(bb) establishing rules governing when a contestant who is overweight at a weigh-in

( i) is allowed to participate in a bout,

( ii) is not allowed to participate in a bout,

( iii) is allowed to participate in a bout with the consent of his or her opponent.

44( 2) A regulation made under paragraph (1)(p), (q), (r), (s) or (w) may vary for or be made in respect of different categories or subcategories of licences, and for different persons or classes of persons.

44( 3) In the case of a conflict or an inconsistency between a combat sport rule referred to in paragraph (1)(j) and a provision of this Act or the regulations under this Act, the provision of this Act or the regulations under this Act prevails.

CONSEQUENTIAL AMENDMENT AND
COMMENCEMENT

Accountability and Continuous Improvement Act

45 Schedule A of the Accountability and Continuous Improvement Act, chapter 27 of the Acts of New Brunswick, 2013, is amended by adding after

Kings Landing Corporation

the following

New Brunswick Combat Sport Commission

Commencement

46 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.