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Nova Scotia Harness Racing Incorporated Regulations made under clause 127(1)(h) of the
Gaming Control Act
and clause 2(n) of the
Provincial Finance Act
O.I.C. 1999-144 (April 7, 1999), N.S. Reg. 30/99Citation
1 These regulations may be cited as Nova Scotia Harness Racing Incorporated Regulations.Definitions
2 In these regulations,(a) "Act" means the Gaming Control Act;
(b) "Board" means the Board of Directors of NSHRI;
(c) "Corporation" means the Nova Scotia Gaming Corporation;
(d) "Fund" means the Nova Scotia Harness Racing Fund established pursuant to subsection 3(1);
(e) “harness racing” means racing in which horses participate and on which pari-mutuel wagering is conducted and includes all related matters and activities;
(f) "NSHRI" means Nova Scotia Harness Racing Incorporated, a body corporate incorporated on March 1, 1999, under the Companies Act.
Establishment of Fund
3 (1) There is hereby established a special fund as defined in clause 2(n) of the Provincial Finance Act to be known as the Nova Scotia Harness Racing Fund.(2) The Fund shall be administered by NSHRI.
Object of the Fund
4 The object of the Fund is [to] help preserve the horse breeding and harness racing industries in the Province in a manner which is consistent with(a) Provincial policies relating to gaming;
(b) the laws, statutes, codes, regulations and ordinances in force in the Province; and
(c) the contractual and other obligations of the Province and any Provincial crown corporation, agency, board or commission.
Management of NSHRI
5 (1) Subject to subsection (2), NSHRI shall be managed by the Board.(2) Despite any provision to the contrary contained in these regulations or in NSHRI’s Articles of Association,
(a) the Board shall consist of no fewer than 3 directors and no more than 5 directors;
(b) the members of the Board shall be appointed by the Corporation for a term not to exceed 5 years;
(c) unless otherwise directed by the Governor in Council, the Chair of the Board shall be appointed by the Corporation from among the members of the Board;
(d) members of the Board who are not otherwise employed in the public service of the Province shall be paid remuneration by NSHRI on the same basis as are members of the Board of the Corporation;
(e) members of the Board shall be reimbursed by NSHRI for reasonable expenses incurred in performance of their duties;
(f) members of the Board and employees of NSHRI shall not be personally liable for anything done or omitted to be done or for any neglect or default in the bona fide exercise or purported exercise of a power conferred on that member or employee, and NSHRI shall indemnify and save harmless the members of the Board and employees of NSHRI from any such liability and shall be responsible for and shall pay any and all costs associated with defending a member or employee from any claims;
(g) a majority of the members of the Board constitute a quorum;
(h) NSHRI shall comply with any direction given to it by the Governor in Council.
(3) Despite clause (2)(b), the Governor in Council may appoint and remove any or all of the Directors of the Board at any time, and the appointment or removal shall be effective on the date specified for the appointment or removal.
Use of the Fund
6 (1) The Fund shall be used in furtherance of its object, and without limiting the generality of the foregoing, the Fund may be used(a) to provide for or to provide assistance for the conduct, management, marketing and promotion of harness racing;
(b) to provide for or to provide assistance for any matter reasonably related to harness racing, including any business that offers goods or services to persons wagering on harness racing;
(c) to pay any costs, charges, fees or other expenses incurred by NSHRI or the Board in administering and managing the Fund and NSHRI or in furthering the object of the Fund;
(d) to do such other things in respect of harness racing that the Governor in Council may direct;
(e) to pay amounts to any person or corporation with whom NSHRI has entered into an agreement pursuant to subsection (3);
(f) to do any other thing that reasonably relates to or is required for or incidental to the attainment of the object of the Fund.
(2) NSHRI shall maintain segregated accounts for the Fund in accordance with generally accepted accounting principles.
(3) NSHRI may enter into agreements with any person for the use of the Fund and to provide for any matters or things referred to in these regulations.
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