section 204(9.1)

INTRODUCTION AND BRIEF DESCRIPTION

This section allows the Minister of Agriculture and Agri-Food to designate a zone adjacent to a race-course as part of the course if certain conditions are met.

SECTION WORDING

204(9.1) For the purposes of this section, the Minister of Agriculture and Agri-Food may designate, with respect to any race-course, a zone that shall be deemed to be part of the race-course, if (a) the zone is immediately adjacent to the race-course; (b) the farthest point of that zone is not more than 900 metres from the nearest point on the race track of the race-course; and (c) all real property situated in that zone is owned or leased by the person or association that owns or leases the race-course.

EXPLANATION

Section 204(9.1) of the Criminal Code of Canada pertains to the legal context of race tracks and their adjacent zones. The section states that the Minister of Agriculture and Agri-Food may designate a specific "zone" that will be considered a part of the designated race-course. This designation can only be made under specific conditions, including that the zone must be immediately adjacent to the race-course, with the farthest point being no more than 900 meters away from the nearest point on the race track. Furthermore, all real property situated in the designated zone must be owned or leased by the person or association that owns/leases the race-course. The purpose of this section is to establish legal parameters around race tracks and their surrounding areas. By designating a specific zone as part of the race-course, the Minister can ensure that certain activities that may be otherwise illegal, such as betting, are considered legitimized and regulated within that designated area. Additionally, by stipulating that all real property in the designated zone is owned by the race-course owner, the Minister helps to avoid any legal confusion or disputes that may arise regarding ownership and use of the race-course and its immediate vicinity. Overall, section 204(9.1) provides an important legal framework for race tracks and the surrounding areas. It helps to ensure that these businesses can operate legally and effectively, while also promoting transparency and accountability within the industry.

COMMENTARY

Section 204(9.1) of the Criminal Code of Canada is an incredibly important piece of legislation that allows for the designation of a particular zone as a deemed part of a race-course. This is a legal provision that has been introduced to strengthen the security surrounding horse racing events across Canada, and has been in effect since the year 2000. The primary objective of this provision is to help prevent incidents of illegal bookmaking and other criminal activities that often take place during horse racing events. By designating a specific zone as part of a race-course, it becomes easier for event organizers to secure the area, monitor suspicious activity, and take necessary measures to prevent offenses. To qualify for designation, the zone in question must meet a number of criteria. It must be immediately adjacent to the race-course, have a farthest point no more than 900 metres from the nearest point on the race track, and all real property situated within the zone must be owned or leased by the person or association that owns or leases the race-course. The importance of these requirements cannot be overstated. Firstly, being adjacent to the race-course allows for easy access to the area and reduces the likelihood of any interlopers or outsiders encroaching on the zone. Secondly, the 900 metres distance puts a limit on the potential size of the designated zone, which ensures that the area in question is compact and easy to manage. Finally, the requirement that all real property within the zone be owned or leased by the event organizers ensures that they have complete control over the area and can take all necessary measures to secure it. In essence, Section 204(9.1) is an important tool that enables the Minister of Agriculture and Agri-Food to help ensure the safety and security of horse racing events across Canada. The section has been in effect for more than two decades and has played a vital role in reducing the incidence of criminal activities at these events. It has also enabled law enforcement agencies to more easily monitor and prevent potential criminal activities within the designated areas. Going forward, it is vital that this important provision continues to be enforced and strengthened, particularly in light of the ongoing evolution of the criminal activities surrounding horse racing events. Better enforcement of the legislation will help to protect the integrity of these events, and ensure that they remain a source of enjoyment for all Canadians.

STRATEGY

Section 204(9.1) of the Criminal Code of Canada is a provision that provides race-course owners a legal mechanism to designate a specific area adjacent to the race-course as part of the course itself. This section is particularly important for race-course owners, who need to ensure the safety of the horses and jockeys in their care, as well as the spectators who attend their events. There are several strategic considerations that race-course owners should keep in mind when dealing with this section of the Criminal Code of Canada. The first is to carefully consider the physical layout of their race-course and adjacent areas. The zone that is designated as part of the race-course must be immediately adjacent to the main race track, and the farthest point of the designated area must not be more than 900 metres away from the nearest point of the race track. This means that race-course owners will need to choose a location that is strategically located and can accommodate the needs of their events. Another strategic consideration is the ownership of the real property situated in the designated zone. To qualify for designation under section 204(9.1), the zone must be owned or leased by the person or association that owns or leases the race-course. Race-course owners will need to ensure that they have control over the property in the designated zone and that they can effectively manage that property to ensure the safety of their horses, jockeys, and spectators. In terms of strategies that could be employed, race-course owners may choose to work closely with local governments and regulatory bodies to ensure that their designated zones comply with all relevant laws and regulations. They may also work with legal professionals to ensure that they fully understand the provisions of section 204(9.1) and how it applies to their specific situation. Race-course owners may also consider investing in additional safety measures to protect their horses, jockeys, and spectators. This could include installing safety barriers or netting in the designated zone, as well as implementing additional safety protocols and procedures for their events. Overall, section 204(9.1) of the Criminal Code of Canada is an important provision for race-course owners to be aware of and strategically manage. By carefully considering all relevant factors and implementing effective strategies, race-course owners can ensure the safety of their events and protect their horses, jockeys, and spectators.