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This Act is current to November 14, 2018
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Athletic Commissioner Act

[SBC 2012] CHAPTER 29

Assented to May 31, 2012

Contents
Part 1 — Interpretation
1Definitions
Part 2 — Athletic Commissioner
2Athletic Commissioner designated
3Staff of commissioner
4Responsibilities of commissioner
5Officials' fees
6Administrative agreement
7Designation does not make corporation an agent of government
8Power of corporation to set and retain fees
Part 3 — Licences and Event Permits
9Licence required
10Application for licence
11Actions by commissioner respecting licences
12Terms and conditions of licences
13Event permit required
14Application for event permit
15Actions by commissioner respecting event permits
16Security for event permits
17Gross gate receipts
18Terms and conditions of event permits
19Opportunity to be heard
Part 4 — Enforcement
Division 1 — Inspections
20Designation of inspectors
21Purposes of inspections
22Inspection powers
23Records or things retained
24Seizure and prevention orders
Division 2 — Administrative Penalties
25Administrative penalties
26Effect of charging an offence or imposing administrative penalty
27Amount of administrative penalty
28Notice of administrative penalty
29Due date of administrative penalty
30Enforcement of administrative penalty
31Revenue from administrative penalties
32Limitation period
Division 3 — Reconsiderations
33Definition
34Reconsideration by commissioner
35Powers of commissioner on reconsideration
Part 5 — Offences and Penalties
36Offence Act
37Offences
38Penalties
39Limitation period
Part 6 — General
40Municipal bylaws
41Hearings
42Confidentiality
43How to give or serve documents generally
44When documents are considered received
45Certificate as proof
46Minister regulations
47Lieutenant Governor in Council regulations
48Regulations — general powers
49Transitional regulations
50-51 Consequential Amendments
52Commencement

Part 1 — Interpretation

Definitions

1   In this Act:

"administrative agreement" means an agreement under section 6 [administrative agreement];

"commissioner" means the Athletic Commissioner designated under section 2;

"event permit" means an event permit issued under section 15 [actions by commissioner respecting event permits];

"gross gate receipts" means the revenue derived from admission fees to a professional contest or exhibition, after the deduction of taxes, and, if prescribed, includes revenue derived from the sale of broadcast rights or closed circuit distribution rights;

"inspector" means the commissioner or an inspector designated under section 20 [designation of inspectors];

"licence" means a licence issued under section 11 [actions by commissioner respecting licences];

"matchmaker" means a person who arranges professional contests between particular professional athletes for a professional contest or exhibition;

"official" means a person who participates in a professional contest or exhibition

(a) as a referee, judge or timekeeper, or

(b) in a prescribed capacity;

"professional athlete" means a person who participates as a contestant in a professional contest or exhibition;

"professional contest or exhibition" means a contest or exhibition of professional boxing or another sport prescribed by regulation;

"second" means a person who assists a professional athlete between rounds in the course of a professional contest or exhibition.

Part 2 — Athletic Commissioner

Athletic Commissioner designated

2   The minister, by order, may designate as the Athletic Commissioner one of the following:

(a) an individual appointed under the Public Service Act;

(b) a corporation, if the Lieutenant Governor in Council has approved an administrative agreement between the minister and the corporation.

Staff of commissioner

3   (1) If the minister makes a designation under section 2 (a), employees may be appointed under the Public Service Act and other persons may be retained by the commissioner, whom the commissioner considers necessary to exercise the commissioner's powers and perform the commissioner's duties under this Act.

(2) The commissioner may delegate, with or without conditions, any of the commissioner's powers and duties under this Act to a person or a class of persons.

(3) A delegation under subsection (2) must be in writing.

Responsibilities of commissioner

4   The commissioner is responsible for the following:

(a) the regulation and supervision of professional contests or exhibitions in accordance with this Act and the regulations;

(b) licensing and permitting under this Act;

(c) the enforcement of this Act and the regulations.

Officials' fees

5   (1) If the commissioner is satisfied that an official has performed, at or in respect of a professional contest or exhibition, the services required under the regulations or the official's licence, the commissioner must pay the official the prescribed amount for performing those services.

(2) Despite subsection (1), officials are not employees of,

(a) if an individual has been designated under section 2 (a), the government, and

(b) if a corporation has been designated under section 2 (b), the corporation.

Administrative agreement

6   (1) The minister may enter into an administrative agreement with a corporation that meets the prescribed requirements respecting

(a) the designation under section 2 (b) [Athletic Commissioner designated] of the corporation as the commissioner, and

(b) the exercise of the powers and performance of the duties of the commissioner under this Act by the corporation.

(2) An administrative agreement must include provisions that specify all of the following:

(a) the expected outcomes to be achieved by the corporation in its capacity as the commissioner under this Act;

(b) the performance objectives of the corporation in that capacity;

(c) the acceptance by the corporation of the responsibilities of the commissioner;

(d) the terms for financial arrangements between the corporation and the government, including

(i) the collection and payment of fees due to the corporation or the government, and

(ii) other financial transitional matters;

(e) the uses the corporation may make of administrative penalties paid under this Act;

(f) the right of access of the corporation to records created by the government and the right of access of the government to records created by the corporation;

(g) the requirements for records management by the corporation;

(h) the requirement that the corporation report to the government any matters in respect of the corporation exercising the powers and performing the duties of the commissioner under this Act;

(i) the obligation of the corporation in respect of carrying insurance;

(j) indemnification between the corporation and the government;

(k) the obligations of the parties if the agreement is terminated;

(l) the time period of the agreement or the procedure for the review of the agreement by the corporation and the government;

(m) procedures for the settlement of disputes;

(n) how the agreement may be terminated by the corporation;

(o) the amount of notice required for termination by the corporation under the administrative agreement or termination by the minister under subsection (4);

(p) the liability of the corporation arising out of the corporation exercising the powers and performing the duties of the commissioner under this Act.

(3) The corporation must comply with the terms of the administrative agreement, and may not exercise the powers or perform the duties of the commissioner under this Act except in accordance with that agreement.

(4) Subject to the approval of the Lieutenant Governor in Council, the minister may amend or revoke the administrative agreement without the consent of the corporation if the minister gives the corporation prior written notice in accordance with the administrative agreement.

Designation does not make corporation an agent of government

7   If a corporation is designated as the commissioner, the corporation is not an agent of the government for the purpose of that designation.

Power of corporation to set and retain fees

8   (1) Despite section 47 (2) (b) and (c) [Lieutenant Governor in Council authority to set fees], if a corporation is designated as commissioner, the corporation may set the fees and charges authorized under section 47 (2) (b) and (c) in accordance with subsection (2) of this section.

(2) In setting fees and charges for the purposes of subsection (1), the corporation must comply with a fee-setting process that is

(a) established by the corporation, and

(b) in accordance with any criteria established by regulation of the minister.

(3) Fees and charges referred to in subsection (1) do not constitute public money under the Financial Administration Act and are to be collected and retained by the corporation and used to fund the operating costs and capital expenditures necessary for the corporation to exercise the powers and perform the duties of the commissioner under this Act.

Part 3 — Licences and Event Permits

Licence required

9   Subject to the regulations, a person must not do any of the following unless the person holds a valid licence, issued by the commissioner, authorizing the activity:

(a) promote, conduct or hold a professional contest or exhibition;

(b) participate as a contestant in a professional contest or exhibition;

(c) provide services as a judge, matchmaker, referee, second or timekeeper in respect of a professional contest or exhibition;

(d) a prescribed activity.

Application for licence

10   A person may apply to the commissioner for a licence by submitting to the commissioner

(a) the information, authorizations and records required by the regulations,

(b) the information, application form and other records required by the commissioner, and

(c) the fees or other payments required by the regulations or under section 8 [power of corporation to set and retain fees], as applicable.

Actions by commissioner respecting licences

11   (1) Subject to the regulations, the commissioner may

(a) issue a licence and impose terms and conditions on the licence,

(b) refuse to issue a licence,

(c) suspend or cancel a licence, or

(d) amend, add to or rescind the terms or conditions of a licence.

(2) Without limiting the authority of the commissioner under subsection (1), but subject to section 19 (2) [opportunity to be heard], the commissioner may make a decision under subsection (1) (b), (c) or (d) if the applicant or licence holder, or, if the applicant or licence holder is a corporation, a director or officer of the corporation,

(a) contravenes or has contravened this Act or the regulations,

(b) fails to meet or no longer meets the requirements for the licence as specified in the regulations,

(c) contravenes or has contravened a term or condition of a licence or event permit,

(d) engages or has engaged in a pattern of conduct that shows, in the commissioner's opinion, that the person is unfit to have a licence, or

(e) is or has been convicted of an offence under

(i) this Act or another enactment, or

(ii) a law enacted by the government of Canada, another province of Canada or a foreign jurisdiction

for conduct that shows, in the commissioner's opinion, that the person is unfit to have a licence.

(3) Without limiting the authority of the commissioner under subsection (1), the commissioner may make a decision under subsection (1) (b) if the applicant is an employer, employee, officer, director or agent of a person against whom the commissioner has made a decision under subsection (1) (b) or (c) in respect of the same class of licence for the same period.

(4) A licence is not transferable.

(5) A licence holder must immediately give a cancelled licence to the commissioner.

Terms and conditions of licences

12   The following are terms and conditions of every licence:

(a) the licence holder must comply with

(i) this Act and the regulations,

(ii) the prescribed terms and conditions, and

(iii) the terms and conditions imposed on the licence by the commissioner;

(b) the licence holder must carry, or have available, the licence at all times when engaged in the activity the licence authorizes;

(c) the licence holder, when engaged in the activity the licence authorizes, must produce the licence on the request of

(i) an inspector,

(ii) a peace officer, or

(iii) the commissioner;

(d) the licence holder must report to the commissioner, within 14 days after its occurrence,

(i) the theft or loss of the licence,

(ii) a change in an address required by the application for the licence, or

(iii) that he or she has been convicted of an offence under

(A) this Act or another enactment, or

(B) a law enacted by the government of Canada, another province of Canada or a foreign jurisdiction.

Event permit required

13   Subject to the regulations, a person must not promote, conduct or hold a professional contest or exhibition unless the person holds a valid event permit, issued by the commissioner, authorizing the contest or exhibition.

Application for event permit

14   A person may apply to the commissioner for an event permit by submitting to the commissioner

(a) the information, authorizations and records required by the regulations,

(b) the information, application form and other records required by the commissioner, and

(c) the fees or other payments required by the regulations or under section 8 [power of corporation to set and retain fees], as applicable.

Actions by commissioner respecting event permits

15   (1) Subject to the regulations, the commissioner may

(a) issue an event permit and impose terms and conditions on the event permit,

(b) refuse to issue an event permit,

(c) suspend or cancel an event permit, or

(d) amend, add to or rescind the terms or conditions of an event permit.

(2) Without limiting the authority of the commissioner under subsection (1), but subject to section 19 (2) [opportunity to be heard], the commissioner may make a decision under subsection (1) (b), (c) or (d) if the applicant or event permit holder, or, if the applicant or event permit holder is a corporation, a director or officer of the corporation,

(a) contravenes or has contravened this Act or the regulations,

(b) fails to meet or no longer meets the minimum requirements for an event permit as specified in the regulations,

(c) contravenes or has contravened a term or condition of an event permit or licence,

(d) engages or has engaged in a pattern of conduct that shows, in the commissioner's opinion, that the person is unfit to have an event permit, or

(e) is or has been convicted of an offence under

(i) this Act or another enactment, or

(ii) a law enacted by the government of Canada, another province of Canada or a foreign jurisdiction

for conduct that shows, in the commissioner's opinion, that the person is unfit to have an event permit.

(3) Without limiting the authority of the commissioner under subsection (1), the commissioner may make a decision under subsection (1) (b) if the applicant is an employer, employee, officer, director or agent of a person against whom the commissioner has made a decision under subsection (1) (b) or (c) in respect of the same professional contest or exhibition.

(4) An event permit is not transferable.

(5) An event permit holder must immediately give a cancelled event permit to the commissioner.

Security for event permits

16   Before issuing an event permit, the commissioner may require the applicant to post security, in accordance with the regulations, to ensure compliance with this Act, the regulations and the terms and conditions of the event permit.

Gross gate receipts

17   (1) An event permit holder must pay to the commissioner an amount not greater than 5%, as prescribed by regulation, of the gross gate receipts for the professional contest or exhibition.

(2) If the commissioner is satisfied that

(a) the entire proceeds of a professional contest or exhibition will be used for charitable purposes, or

(b) the location or other circumstances of a professional contest or exhibition make it inappropriate to impose the fee in the amount prescribed for the purposes of subsection (1),

the commissioner may accept a lesser amount the commissioner considers appropriate in the circumstances.

(3) An event permit holder must pay the fee under subsection (1) to the commissioner in accordance with the regulations.

(4) If the fee payable under this section is not paid as required under subsection (3),

(a) the amount of the fee constitutes a debt payable to the commissioner, and

(b) the commissioner may file a certificate with the Supreme Court or Provincial Court and, on filing, the certificate has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment of the court with which it is filed.

(5) A certificate under subsection (4) may be in the prescribed form, must be signed by the commissioner and must contain

(a) the name of the person who is liable for payment of the fee,

(b) the date the payment was due, and

(c) the amount of the fee remaining unpaid.

Terms and conditions of event permits

18   The following are terms and conditions of every event permit:

(a) the event permit holder must comply with

(i) this Act and the regulations,

(ii) the prescribed terms and conditions, and

(iii) the terms and conditions imposed on the event permit by the commissioner;

(b) the event permit holder must make the event permit available for inspection on request of any person at the event;

(c) the event permit holder must ensure that each person who

(i) performs activities or provides services at or in relation to the professional contest or exhibition, and

(ii) is required to be licensed under this Act in respect of that activity or service

holds a valid licence for the activity or service.

Opportunity to be heard

19   (1) In this section, "holder" means a licence holder or event permit holder, as applicable.

(2) Before the commissioner

(a) makes a decision under section 11 (1) (a) [actions of the commissioner respecting licences] imposing terms or conditions on a licence or under section 15 (1) (a) [actions of the commissioner respecting event permits] imposing terms or conditions on an event permit, or

(b) makes a decision under section 11 (1) (c) or (d) or 15 (1) (c) or (d),

the commissioner must give the applicant or holder, as applicable, notice and, if requested, an opportunity to be heard.

(3) Despite subsection (2), if the commissioner considers it necessary in the public interest, the commissioner, immediately, without notice and before giving the holder an opportunity to be heard, may make a decision under section 11 (1) (c) or (d) or 15 (1) (c) or (d).

(4) As soon as practicable after taking action under subsection (3), the commissioner must give the holder notice in writing of the decision and of the right of the holder to request an opportunity to be heard under this section.

(5) A request under subsection (2) or (4) must be made within 30 days after the date the notice is considered received by the applicant or holder, as applicable, in accordance with section 44 [when documents are considered received].

(6) If a request under subsection (4)

(a) is made within 15 days after the date the notice is considered received by the holder in accordance with section 44, and

(b) is accompanied by a written reply,

the commissioner may rescind or temporarily rescind the action taken under subsection (3).

(7) The commissioner must not act under subsection (6) unless the commissioner is satisfied that

(a) the written reply sets out facts or arguments that, if confirmed, would establish reasonable grounds for the commissioner to rescind, vary or substitute the decision under subsection (3), and

(b) it is reasonable to conclude that,

(i) unless the commissioner rescinds or temporarily rescinds the decision, the person against whom the action under subsection (3) was taken will suffer a significant loss as a result of that action, and

(ii) if the commissioner rescinds or temporarily rescinds the decision, no person's health or safety will be placed at risk.

(8) The commissioner must provide an opportunity to be heard within 30 days after receiving a request under subsection (2) or (4) unless the written reply under subsection (6) causes the commissioner to

(a) rescind the decision under subsection (3), and

(b) make another decision in respect of which the commissioner is not required under subsection (2) or (4) to provide notice.

(9) The commissioner must give the applicant or holder, as applicable, written reasons for the following decisions:

(a) a decision under section 11 (1) (a) imposing terms or conditions on a licence;

(b) a decision under section 11 (b), (c) or (d);

(c) a decision under section 15 (1) (a) imposing terms or conditions on an event permit;

(d) a decision under section 15 (b), (c) or (d).

(10) For certainty, the commissioner need not provide an opportunity to be heard under this section in respect of the suspension of a licence or event permit under section 30 (3) [enforcement of administrative penalty].

Part 4 — Enforcement

Division 1 — Inspections

Designation of inspectors

20   (1) The commissioner may designate persons or persons within a class of persons as inspectors.

(2) The commissioner may impose restrictions on the powers and duties that an inspector may carry out under this Act.

Purposes of inspections

21   An inspector may conduct an inspection for one or both of the following purposes:

(a) determining compliance with this Act, the regulations or the terms and conditions of a licence or event permit;

(b) assessing an applicant for a licence or event permit.

Inspection powers

22   (1) For the purposes of an inspection under section 21, an inspector may do any of the following:

(a) enter and inspect the business premises of an applicant for, or the holder of, a licence or event permit or the venue for a professional contest or exhibition;

(b) inquire into any business, affairs or conduct of a person;

(c) inspect, audit or examine any record or other thing in the premises;

(d) require that any person who has possession or control of a record or other thing in the premises produce the record or thing;

(e) make a record, including a record on film, audio tape, video tape or otherwise, of the premises, or of anything in or on the premises;

(f) remove any record or other thing from the premises for the purpose of making copies.

(2) On the request of an inspector, a peace officer may assist the inspector in carrying out an inspection.

(3) If any record or thing is removed under subsection (1) (f), the inspector

(a) may make copies of, take extracts from or otherwise record it, and

(b) must give a receipt to the person from whom it is taken.

(4) The inspection powers under subsection (1) must not be used to enter a private dwelling except with the consent of the occupant.

(5) The inspector, on request of a person whose premises the inspector enters, must produce identification provided by the commissioner for this purpose.

Records or things retained

23   Subject to the regulations, an inspector, within a reasonable time, must return to the person from whom it was taken any record or thing removed in the course of an inspection.

Seizure and prevention orders

24   (1) If an inspector concludes in the course of an inspection under this Act that the inspector has reasonable grounds to believe that a person has contravened or is contravening this Act, the regulations or the terms or conditions of a licence or event permit, the inspector may

(a) order a person to do anything the inspector considers necessary to stop the contravention or prevent another contravention, and

(b) seize anything validly inspected by the inspector that the inspector believes on reasonable grounds

(i) was used or is being used in the contravention, or

(ii) will afford evidence of the contravention.

(2) Sections 23 (4) and 24 to 24.2 of the Offence Act apply in respect of anything seized under subsection (1) of this section and, for the purposes of section 23 (4) of the Offence Act, an inspector is deemed to be a peace officer.

(3) If, under section 24 (2) (a) of the Offence Act, a justice orders that something referred to in subsection (2) of this section be detained, despite section 24 (3) of the Offence Act, the thing may be detained for up to one year before an order under section 24 (5) of that Act, authorizing its continued detention, is required.

Division 2 — Administrative Penalties

Administrative penalties

25   (1) After giving a person notice, and, if requested, an opportunity to be heard, the commissioner may impose an administrative penalty on the person if the person contravenes

(a) a prescribed provision of this Act or the regulations, or

(b) a term or condition of a licence or event permit.

(2) A request under subsection (1) must be made within 30 days after the date the notice is considered received by the person in accordance with section 44 [when documents are considered received].

(3) Before the commissioner imposes an administrative penalty on a person, the commissioner must consider the following:

(a) previous enforcement actions against the person under this Act;

(b) the gravity and magnitude of the contravention;

(c) the extent of the harm to others resulting from the contravention;

(d) whether the contravention was repeated or continuous;

(e) whether the contravention was deliberate;

(f) any economic benefit derived by the person from the contravention;

(g) the person's efforts to correct the contravention.

(4) The commissioner may not impose an administrative penalty on a person if the person demonstrates to the satisfaction of the commissioner that the person exercised due diligence to prevent the contravention.

(5) If a corporation contravenes a provision of this Act or the regulations prescribed for the purposes of subsection (1) (a) or a term or condition of a licence or event permit, an officer, director or agent of the corporation who authorized, permitted or acquiesced in the contravention is also liable under this section, whether or not an administrative penalty is imposed on the corporation.

Effect of charging an offence or imposing administrative penalty

26   (1) A person who has been charged with an offence under this Act may not be subject to an administrative penalty in respect of the circumstances that gave rise to the charge.

(2) If the commissioner imposes an administrative penalty on a person, a prosecution for an offence under this Act for the same contravention may not be brought against the person.

Amount of administrative penalty

27   (1) An individual on whom an administrative penalty is imposed is liable to a penalty of not more than $10 000.

(2) A corporation on which an administrative penalty is imposed is liable to a penalty of not more than $100 000.

(3) Despite subsections (1) and (2), a person on whom or which an administrative penalty is imposed in respect of an event permit is liable to a penalty of not more than 25% of the gross gate receipts for the event.

Notice of administrative penalty

28   If the commissioner imposes an administrative penalty on a person, the commissioner must serve on the person a notice imposing the administrative penalty that specifies the following:

(a) the contravention;

(b) the amount of the penalty;

(c) the date by which the penalty must be paid.

Due date of administrative penalty

29   The person on whom an administrative penalty is imposed must pay the administrative penalty within 30 days after the date on which the notice referred to in section 28 is considered received in accordance with section 44 [when documents are considered received].

Enforcement of administrative penalty

30   (1) On the date that an administrative penalty is payable under section 29 the administrative penalty constitutes a debt payable to the commissioner by the person on whom the penalty is imposed.

(2) If a person fails to pay an administrative penalty as required under section 29, the commissioner may file with the Supreme Court or Provincial Court a certified copy of the notice imposing the administrative penalty and, on being filed, the notice has the same force and effect, and all proceedings may be taken on the notice, as if it were a judgment of the court with which it is filed.

(3) If a person fails to pay an administrative penalty as required under section 29, the commissioner may suspend a licence or event permit held by the person until the administrative penalty is paid.

Revenue from administrative penalties

31   (1) If the commissioner is designated under section 2 (a) [Athletic Commissioner designated], the commissioner must pay all amounts derived from administrative penalties into the consolidated revenue fund.

(2) If the commissioner is designated under section 2 (b), the commissioner must use amounts derived from administrative penalties in accordance with the administrative agreement.

Limitation period

32   The time limit for giving a notice imposing an administrative penalty is 2 years after the date on which the contravention occurred.

Division 3 — Reconsiderations

Definition

33   In this Division, "determination" means

(a) a decision of the commissioner

(i) imposing terms or conditions on a licence under section 11 (1) (a) [actions by commissioner respecting licences],

(ii) refusing to issue a licence under section 11 (1) (b),

(iii) suspending or cancelling a licence under section 11 (1) (c),

(iv) imposing terms or conditions on an event permit under section 15 (1) (a) [actions by commissioner in respecting event permits],

(v) refusing to issue an event permit under section 15 (1) (b), or

(vi) suspending or cancelling an event permit under section 15 (1) (c),

(b) a notice under section 28 [notice of administrative penalty] imposing an administrative penalty, or

(c) a prescribed decision of the commissioner.

Reconsideration by commissioner

34   (1) A person who receives written reasons under section 19 (9) [opportunity to be heard] in respect of a determination or notice under section 28 [notice of administrative penalty] may request the commissioner to reconsider the determination, which request must be made

(a) within 30 days after receiving in accordance with section 44 [when documents are considered to be received] reasons for the decision or the notice, as applicable, or

(b) within the period of time specified by the commissioner, if the commissioner is satisfied that

(i) special circumstances existed which precluded the filing of a request for reconsideration within the period of time required in paragraph (a) of this subsection, and

(ii) an injustice would otherwise result.

(2) A request under subsection (1) must be in writing and must identify the error the person believes was made or the other grounds on which the reconsideration is requested.

Powers of commissioner on reconsideration

35   (1) For the purposes of a reconsideration, the commissioner

(a) has all the powers and duties the commissioner had with respect to the determination, and

(b) may confirm, vary or cancel the determination.

(2) The person who made a determination may not be permitted to perform the reconsideration of the determination.

(3) The commissioner must serve the decision on reconsideration, and written reasons for the decision, on the person who made the request under section 34 (1) [reconsideration by commissioner].

Part 5 — Offences and Penalties

Offence Act

36   Section 5 of the Offence Act does not apply to this Act or the regulations.

Offences

37   (1) A person who contravenes any of the following commits an offence:

(a) section 9 (a), (b), (c) or (d) [licence required];

(b) a term or condition described in section 12 (a) (i), (ii) or (iii), (b), (c) (i), (ii) or (iii) or (d) (i), (ii) or (iii) [terms and conditions of licences];

(c) section 13 [event permit required];

(d) section 17 (1) or (3) [gross gate receipts];

(e) a term or condition described in section 18 (a) (i), (ii) or (iii), (b) or (c) [terms and conditions of event permits];

(f) subsection (4) (a), (b), (c) or (d) of this section.

(2) A person who fails to comply with a requirement of the regulations commits an offence.

(3) A person who fails to comply with an order of an inspector under section 24 (1) (a) [seizure and prevention orders] commits an offence.

(4) A person must not do any of the following:

(a) supply false or misleading information to a person acting under this Act;

(b) refuse or fail to provide information as required under this Act;

(c) obstruct, hinder or interfere with an inspection under this Act;

(d) purport to have a licence when the person does not.

(5) A person does not commit an offence under subsection (4) (a) if, at the time the information was supplied, the person did not know that the information was false or misleading and, with the exercise of reasonable diligence, could not have known that the information was false or misleading.

(6) If an offence under subsection (4) (c) continues for more than one day, the offender is liable to a separate penalty, without notice and without a separate count being laid, for each day that the contravention occurs.

(7) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence, whether or not the corporation is prosecuted for the offence.

(8) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that the offence was committed by an employee, officer, director or agent of the defendant, whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence.

(9) Subsection (8) does not apply if the defendant establishes that the defendant exercised due diligence to prevent the commission of the offence.

Penalties

38   (1) An individual who commits an offence against this Act is liable to a fine of not more than $10 000 or to imprisonment for not more than 12 months or to both.

(2) A corporation that commits an offence against this Act is liable to a fine of not more than $100 000.

(3) Despite subsections (1) and (2), the court may increase a fine imposed under this section by an amount of up to 3 times the court's estimation of the amount of monetary benefit acquired or accrued as a result of the commission of the offence.

Limitation period

39   The time limit for laying information for an offence under this Act is 2 years after the time when the subject matter of the proceeding arose.

Part 6 — General

Municipal bylaws

40   A bylaw under section 59 (1) (f) [powers to require and prohibit] of the Community Charter or section 338 [power to prohibit professional contests and exhibitions] of the Vancouver Charter prohibiting professional contests or exhibitions to which this Act applies does not apply to any professional contest or exhibition in respect of which an event permit has been issued under this Act before the date the bylaw comes into force.

Hearings

41   An opportunity to be heard under this Act may be provided in writing, electronically or orally or by any combination of written, electronic or oral hearings as determined by the commissioner.

Confidentiality

42   (1) A person who is engaged in the administration of this Act or the regulations and who has custody of, access to or control over information or records under this Act must not disclose the information or records to any other person except

(a) if disclosure is for the purposes of the administration of this Act,

(b) with the consent of the person to whom the information or record relates,

(c) in court proceedings related to this Act or other similar enactments of a province or Canada,

(d) if an enactment of a province or Canada requires the disclosure,

(e) to the person's counsel,

(f) to a law enforcement agency, or

(g) under an agreement with the government.

(2) The person referred to in subsection (1) is not, except in a proceeding under this Act, compellable to disclose or give evidence about information or records the person has custody of, access to or control over.

How to give or serve documents generally

43   All documents that are required or permitted under this Act to be given or served on a person must be given or served in one of the following ways:

(a) by leaving a copy with the person;

(b) if the person to be served is not the commissioner,

(i) by leaving a copy with an agent of that person,

(ii) by sending a copy by ordinary mail or registered mail to the address at which that person carries on business,

(iii) by leaving a copy in a mailbox or mail slot for the address at which that person carries on business,

(iv) by attaching a copy to a door or other conspicuous place at the address at which that person carries on business, or

(v) by sending a copy by electronic mail to the electronic mail address provided by that person;

(c) if the person to be served is the commissioner,

(i) by leaving a copy with an agent of the commissioner,

(ii) by sending a copy by ordinary mail or registered mail to the address of the office of the commissioner, or

(iii) by sending a copy by electronic mail to the electronic mail address provided by the commissioner;

(d) by transmitting a copy to a facsimile number provided by the person as an address for service.

When documents are considered received

44   A document given or served in accordance with section 43 is deemed to be received as follows:

(a) if given or served by sending a copy by mail, on the 5th day after it is mailed;

(b) if given or served by leaving a copy in a mailbox or mail slot, on the 3rd day after it is left;

(c) if given or served by attaching a copy to a door or other conspicuous place, on the 3rd day after it is attached;

(d) if given or served by transmitting a copy by facsimile or sending a copy by electronic mail, on the 3rd day after it is transmitted or sent.

Certificate as proof

45   (1) If it is necessary in a proceeding to prove that a person has been designated by the minister as the commissioner, a certificate purporting to be signed by the minister is proof of the fact so stated.

(2) A statement respecting any of the following and purporting to be signed by the commissioner is proof of the facts stated in the statement for all purposes in a proceeding:

(a) the existence, non-existence or status of a licence or an event permit;

(b) the designation of a person as an inspector;

(c) the filing with or submission to the commissioner of information or a record.

Minister regulations

46   (1) The minister may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the minister may make regulations as follows:

(a) prescribing the requirements that a corporation must meet to be eligible for an administrative agreement under section 6 [administrative agreement];

(b) establishing criteria for the purposes of section 8 (2) (b) [power of corporation to set and retain fees];

(c) prescribing other activities for which a licence is required;

(d) respecting licences, including, without limitation, prescribing

(i) information, authorizations and records that must be provided on application for a licence,

(ii) eligibility criteria,

(iii) terms and conditions of licences, and

(iv) forms of licences;

(e) respecting event permits, including, without limitation, prescribing

(i) information, authorizations and records that must be provided on application for an event permit,

(ii) eligibility criteria,

(iii) terms and conditions of event permits, and

(iv) forms of event permits;

(f) respecting security in relation to event permits, including, without limitation, prescribing

(i) the amount, or maximum amount, of security that may be required,

(ii) the forms of the security that may be provided, and

(iii) the circumstances under which the security may be realized;

(g) requiring event permit holders to have insurance for a professional contest or exhibition, including, without limitation, establishing the amounts of insurance required;

(h) respecting records, books and accounts to be kept by holders of licences and event permits;

(i) requiring holders of licences and event permits to provide information to the commissioner at the times and in the manner directed by the commissioner;

(j) respecting the duties of persons promoting, conducting or holding, matchmaking for, acting as seconds for, refereeing or judging professional contests or exhibitions;

(k) establishing standards for refereeing, judging or matchmaking for professional contests or exhibitions;

(l) regulating or prohibiting the use of specified equipment during weigh-ins and professional contests or exhibitions;

(m) respecting the safety of participants, officials and others at professional contests or exhibitions;

(n) respecting medical examinations for professional athletes and the availability of medical assistance during professional contests or exhibitions;

(o) providing for the drug and alcohol testing of professional athletes on a random basis or otherwise;

(p) regulating the conduct of professional athletes and other participants in professional contests or exhibitions;

(q) requiring that the officials for a professional contest or exhibition be designated by the commissioner;

(r) respecting the payment of officials who participate in a professional contest or exhibition, including, without limitation, prescribing the amounts officials must be paid.

(3) Without limiting subsection (1) or (2), the minister may make regulations as follows:

(a) requiring event permit holders to deliver to the commissioner, before a professional contest or exhibition takes place, the amount required to be paid to officials under section 5 (1) [appropriation for officials' fees] in respect of the professional contest or exhibition, including requiring that that amount be paid with the fee payable for the event permit;

(b) prescribing payments for broadcast rights or closed circuit distribution rights as included in the definition of "gross gate receipts";

(c) respecting the return of records or things removed during an inspection;

(d) respecting payment of the fee under section 17 (3) [gross gate receipts];

(e) applying provisions of the Administrative Tribunals Act to the commissioner as if the commissioner were a tribunal;

(f) prescribing rules the minister considers necessary to ensure the fairness of professional contests or exhibitions;

(g) defining for the purposes of this Act any word or expression used but not specifically defined in this Act.

(4) Without limiting subsection (1), (2) or (3), the minister may make regulations authorizing the commissioner to publish information respecting a person in relation to

(a) actions taken in respect of the person's licence or event permit, including the reasons for the action,

(b) imposing an administrative penalty on the person, including the nature of the contravention and the amount of the penalty, and

(c) convictions for offences under this Act, including specifying the offence and the penalty.

Lieutenant Governor in Council regulations

47   (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing other sports for the purposes of the definition of "professional contest or exhibition", which sports may involve encounters or fights between professional athletes using fists, hands, feet or other body parts;

(b) prescribing fees and charges for the purposes of this Act, including fees and charges in respect of the following:

(i) applications made under this Act;

(ii) licences and event permits;

(iii) holding professional contests or exhibitions;

(c) establishing the percentage of gross gate receipts for the purposes of section 17 [gross gate receipts], which percentage may be different in respect of amounts paid for the following:

(i) admission to a venue;

(ii) if prescribed for the purposes of the definition of "gross gate receipts", broadcast rights or closed circuit distribution rights;

(d) respecting administrative penalties, including, without limitation,

(i) prescribing provisions of this Act and the regulations for the purposes of section 25 (1) (a) [administrative penalties],

(ii) authorizing administrative penalties to be imposed on a daily basis for contraventions that continue for, or occur on, 2 or more consecutive days, and

(iii) prescribing the consequences of failing to pay an administrative penalty, which consequences may include, but are not limited to, imposing additional penalties;

(e) exempting any class of person or professional contest or exhibition from any provision of this Act or the regulations.

Regulations — general powers

48   Regulations under this Act

(a) may be different for different classes of applications, activities, professional athletes, event permits, licences, officials, persons, venues, professional contests or exhibitions and may establish classes for that purpose,

(b) for the purposes of regulations under section 46 (2) or (3) [minister regulations], may adopt by reference, in whole or in part and with any changes the minister considers necessary, any regulation, code, standard or rule

(i) enacted as or under a law of another jurisdiction, including a foreign jurisdiction, or

(ii) set by a provincial, national or international code, standard or rule making body,

as the regulation, code, standard or rule stands at a specific date, as it stands at the time of adoption or as amended from time to time, or

(c) may delegate a matter to or confer a discretion on the commissioner.

Transitional regulations

49   Without limiting section 47, the Lieutenant Governor in Council may make regulations considered necessary or advisable for the orderly transition from athletic commissions established under section 143 (2) of the Community Charter or Part XIX of the Vancouver Charter to the commissioner under this Act, including, without limitation,

(a) continuing licences issued by an athletic commission established under the Community Charter or the Vancouver Charter and specifying when those licences terminate, and

(b) requiring an athletic commission referred to in paragraph (a) to transfer to the commissioner records respecting licences issued by the commission.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 50 and 51.]

Section(s) Affected Act
50 Community Charter
51 Vancouver Charter

Commencement

52   This Act comes into force by regulation of the Lieutenant Governor in Council.