Boxing Authority Act

CHAPTER 43

OF THE

REVISED STATUTES, 1989


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An Act to Provide for the
Establishment of a Boxing Authority
for Nova Scotia

Short title

1 This Act may be cited as the Boxing Authority Act. R.S., c. 43, s. 1.

Interpretation

2 In this Act,

(a) "Authority" means the Nova Scotia Boxing Authority;

(b) "boxer" means a person who engages in boxing for monetary reward;

(c) "boxing" means professional boxing contests or exhibitions, including such entertainment involving the use of fists as is determined to be boxing by the Authority, but does not include amateur boxing unless the context so requires;

(d) "closed circuit televised" means shown through the means of closed circuit television, film projection or any other electronic projection device;

(e) "contest" means a boxing match in which the contestants compete for monetary reward and includes a closed circuit televised contest;

(f) "exhibition" means a boxing match in which the contestants do not compete for monetary reward other than the receipt of proper and reasonable expenses incurred through their participation in such exhibition and includes a closed circuit televised exhibition;

(g) "gross gate receipts" means all money collected in respect of a boxing match including all television and film royalties or money collected to obtain the rights to represent the boxing match or exhibition in any form;

(h) "Minister" means the member of the Executive Council to whom the Nova Scotia Sport and Recreation Commission reports;

(i) "official" means a person who participates in boxing in an official capacity, and includes referees, judges, inspectors, time-keepers, medical advisers and ring announcers;

(j) "participant" means a person who is associated with a boxer in the capacity of manager, second, trainer, matchmaker or agent or an agent of any of them;

(k) "person" includes a partnership, corporation or association;

(l) "promoter" means a person who conducts or is associated in a directory capacity in the conduct of a boxing contest or exhibition. R.S., c. 43, s. 2.

Nova Scotia Boxing Authority

3 (1) There shall be a body corporate to be known as the Nova Scotia Boxing Authority which shall be composed of not less than five nor more than nine members appointed by the Governor in Council.

Members

(2) In making appointments pursuant to subsection (1), the Governor in Council shall appoint

(a) one person from among persons nominated by the Halifax Athletic Commission;

(b) one person from among persons nominated by the commission that controls wrestling in the City of Dartmouth;

(c) one person from among persons nominated by the Pictou County Athletic Commission; and

(d) one person from among persons nominated by the Cape Breton County Athletic Commission.

Chairman

(3) The Governor in Council shall designate a member of the Authority to be the Chairman.

Term of office of member

(4) A member of the Authority shall hold office for such term as is prescribed by his appointment.

Acting member

(5) Where a member of the Authority is absent, ill or unable to act, the Minister may authorize another person to act in that members place and stead and perform that members duties.

Remuneration and expenses

(6) Members of the Authority shall be paid the necessary expenses incurred by them while engaged in the performance of their official duties and such salary or remuneration as the Governor in Council determines. R.S., c. 43, s. 3.

Personnel

4 (1) There shall be appointed, in accordance with the Civil Service Act or otherwise as the case may require, a Secretary-treasurer, Medical Adviser and such other officers, staff and employees as may be required by the Authority for the proper conduct and management of the affairs of the Authority.

Temporary personnel

(2) The Authority may employ or appoint such temporary staff or advisers as it may deem necessary to provide adequate supervision of boxing contests or exhibitions.

Administration expenses

(3) The salaries and expenses of the Authority and of the Secretary-treasurer, Medical Adviser and other officers, staff or employees, and generally all costs, charges and expenses incurred and payable in respect of the carrying out of the provisions of this Act or the regulations shall be paid out of the Consolidated Fund. R.S., c. 43, s. 4.

Supervision of Authority by Minister

5 The Minister shall have general supervision and direction of the work of the Authority. R.S., c. 43, s. 5.

Disposition of revenue of Authority

6 All revenue of the Authority, including licence fees and penalties, shall be paid into and form part of the Consolidated Fund of the Province. R.S., c. 43, s. 6.

"gross gate receipts" defined

7 (1) For the purposes of this Section, "gross gate receipts" does not include any tax, levy or commission payable pursuant to the Theatres and Amusements Act.

Percentage of receipts to Authority

(2) Every person promoting, conducting or holding a boxing contest or exhibition in the Province shall pay to the Authority an amount to be determined from time to time by the Authority but not exceeding five per cent of the gross gate receipts received by such person in respect of such contest or exhibition. R.S., c. 43, s. 7.

Audit

8 The accounts of the Authority shall be audited by the Auditor General or by such other auditor as the Governor in Council appoints. R.S., c. 43, s. 8.

Objects of Authority

9 The objects of the Authority are to

(a) supervise and regulate boxing in the Province;

(b) establish and enforce uniform rules for the conduct of boxing;

(c) provide for the licensing of all persons engaged in or connected with the presentation of boxing contests or exhibitions;

(d) provide for and enforce proper medical standards and periodic medical examinations for boxers and officials as prescribed by the regulations; and

(e) train officials in accordance with nationally established standards. R.S., c. 43, s. 9.

Regulations

10 The Authority, subject to the approval of the Governor in Council, may make regulations

(a) prescribing the rules of procedure to govern proceedings of the Authority;

(b) concerning the issuance of licences for boxers, officials, promoters and participants;

(c) prescribing the form and manner of applications for licences;

(d) prescribing and regulating the fees to be paid for licences;

(e) prescribing the privileges, terms, conditions, limitations and restrictions to be granted to or observed by any licencee;

(f) prescribing the conditions upon which licences may be issued and providing for the revocation, suspension or withholding of licences;

(g) prescribing adherence to the form and content of contracts between boxers, managers, promoters or other participants, and for the filing thereof with the Authority;

(h) concerning bonds, deposits or forfeits to be posted by promoters, boxers or participants;

(i) concerning approval by the Authority of details of any proposed boxing contest or exhibition and the filing of contracts relating thereto;

(j) providing for disciplinary action against boxers, promoters, participants or officials, including fines, suspensions or revocation of licences;

(k) monitoring standards for training facilities, rings and physical equipment;

(l) determining which entertainment or type of entertainment involving the use of fists is boxing;

(m) concerning the standards of refereeing and judging and the conduct of contests or exhibitions;

(n) concerning the control and cost of a closed circuit televised contest or exhibition;

(o) concerning the medical examination of all boxers and the availability of medical assistance during any contest or exhibition. R.S., c. 43, s. 10.

Licence for exhibition

11 (1) No person shall conduct, promote or hold a boxing contest or exhibition in the Province without a licence from the Authority.

Licence for participant

(2) No person shall engage, officiate or participate in a boxing contest or exhibition in the Province without a licence from the Authority which shall be the sole licensing body in this respect.

Offence and penalty

(3) A person who violates this Section shall be guilty of an offence and upon summary conviction shall be liable to a fine not exceeding ten thousand dollars. R.S., c. 43, s. 11.

Fines by Authority

12 Notwithstanding any other provision of this Act or the regulations, the Authority is authorized and empowered to impose fines not exceeding ten thousand dollars or twenty-five per cent of the gross gate receipts, whichever is the greater, for a violation of any provision of this Act or the regulations. R.S., c. 43, s. 12.

Hearings

13 (1) The Authority is authorized and empowered to hold hearings relating to the carrying out of its objects or powers, and to summon any person by subpoena signed by the Chairman and to require such person to give evidence on oath and to produce such documents and things as the Authority may deem requisite in any such hearing.

Powers of commissioner

(2) For the purpose of any such hearing the Authority shall have and may exercise all the powers of a commissioner appointed under the Public Inquiries Act. R.S., c. 43, s. 13.

Appeal from Authority

14 (1) An order or decision of the Authority imposing a fine, suspension or revocation of licence may be appealed by the person affected to a judge of the Trial Division of the Supreme Court by serving a notice of appeal on the Chairman or Secretary-treasurer of the Authority within twenty days after the date of the order or decision appealed against.

Powers of judge

(2) On the hearing of any such appeal, the judge may consider the record of the proceedings before the Authority and such additional or further evidence as he considers appropriate in the circumstances and may confirm, rescind or vary the order or decision of the Authority. R.S., c. 43, s. 14.

Regulations respecting amateur boxing

15 With respect to amateur boxing, the Authority, subject to the approval of the Governor in Council and after all reasonable consultation with representatives of amateur boxing authorities, may make regulations

(a) relating to assistance of amateur boxing in the Province;

(b) providing for standards of medical examination for amateur boxers;

(c) relating to standardization of ring and personal equipment for amateur boxers;

(d) prohibiting the holding of amateur boxing contests or exhibitions without the prior approval in writing of such amateur boxing authorities as the Authority may designate;

(e) respecting amateur boxers appearing at a professional contest or exhibition;

(f) respecting amateur boxing generally in the Province. R.S., c. 43, s. 15.

Regulations Act

16 The exercise by the Authority and the Governor in Council of the power and authority contained in Sections 10 and 15 shall be regulations within the meaning of the Regulations Act. R.S., c. 43, s. 16.

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