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SNL2001 CHAPTER B-6.1

BOXING AUTHORITY ACT

Amended:

CHAPTER B-6.1

AN ACT TO ESTABLISH THE BOXING AUTHORITY OF NEWFOUNDLAND AND LABRADOR

(Assented to December 13, 2001 )

Analysis



Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Boxing Authority Act .

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Definitions

        2. In this Act

             (a)  "authority" means the Boxing Authority of Newfoundland and Labrador ;

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

             (c)  "boxing " means professional boxing contests or exhibitions, including entertainment involving the use of fists as is determined to be boxing by the authority;

             (d)  "closed circuit televised" means shown through the means of closed circuit television, film projection or 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 that exhibition and includes a closed circuit televised exhibition;

             (g)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

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

              (i)  "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 one of them;

              (j)  "person" includes a partnership and an unincorporated association; and

             (k)  "promoter" means a person who conducts or is associated in a directory capacity in the conduct of a boxing contest or exhibition.

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Authority established

        3. (1) The Boxing Authority of Newfoundland and Labrador is incorporated.

             (2)  The authority is not a Crown corporation and is not an agent of the Crown.

             (3)  The minister shall appoint a person to be commissioner of the authority.

             (4)  The authority shall be composed of not less than 6 and not more than 9 members appointed by the minister as follows:

             (a)  the President of Boxing Newfoundland and Labrador ;

             (b)  a chief official;

             (c)  a secretary/treasurer;

             (d)  a technical director;

             (e)  a medical doctor; and

              (f)  those other persons with financial, legal or other expertise as may be required.

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Term of members

        4. The term of members appointed under section 3 shall be specified in the order appointing them.

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Acting members, reappointment and replacement of members

        5. (1) Where a member of the authority is absent, ill or unable to act, the minister may, upon the recommendation of the authority, appoint another person to act in that member’s place and perform that member’s duties.

             (2)  Where a member has completed his or her term as prescribed in the order appointing him or her, the authority may recommend the reappointment of that member, or recommend a replacement member to the minister and the minister may make the appointment that he or she considers appropriate.

             (3)  Notwithstanding sections 3 and 4, where a member fails

             (a)  without a cause that is satisfactory to the authority; or

             (b)  for another reasonable cause,

to attend 2 or more consecutive meetings of the authority, the authority may recommend and the minister may, in his or her discretion, remove that member from the authority.

             (4)  Where a member has been removed under subsection (3), the authority may recommend and the minister may appoint a new member in accordance with sections 3 and 4.

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Staff

        6. The authority may employ or appoint the temporary staff or advisors that it considers necessary to provide adequate supervision of boxing contestants or exhibitions.

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Objects of authority

        7. The objects of the authority are to, and the authority may,

             (a)  supervise and regulate professional boxing in the province;

             (b)  establish and enforce uniform rules for boxing in the province;

             (c)  licence 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.

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Gross gate receipts

        8. A person promoting, conducting or holding a boxing contest or exhibition in the province shall pay to the authority an amount to be determined by the authority but not exceeding 5% of the gross gate receipts received by that person with respect to that contest or exhibition.

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Annual report

        9. The authority shall, once in a calendar year, file with the minister, in the form required by the minister, an annual report of the operations of the authority, including an audited financial statement of those operations.

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Licensure

      10. (1) A person shall not conduct, promote or hold a boxing contest or exhibition in the province without a licence from the authority.

             (2)  A person shall not engage, officiate or participate in a boxing contest or exhibition in the province without a licence from the authority.

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Offence and penalty

      11. A person who violates a provision of this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.

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Appeal

      12. (1) An order or decision of the authority under this Act suspending or revoking a licence may be appealed by the person affected to the Trial Division.

             (2)  On hearing an appeal referred to in subsection (1), the judge may confirm, rescind or vary the order or decision of the authority.

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Regulations

      13. The authority may, with the approval of the minister, make regulations

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

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

             (c)  prescribing the privileges, terms, conditions, limitations and restrictions to be granted to or observed by a licensee;

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

             (e)  prescribing adherence to the form and content of contracts between boxers, managers, promoters or other participants, and for the filing of them with the authority;

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

             (g)  concerning approval by the authority of details of a proposed boxing contest or exhibition and the filing of contracts relating to them;

             (h)  providing for disciplinary action against boxers, promoters, participants or officials, including suspension or revocation of licences;

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

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

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

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

            (m)  concerning the medical examination of all boxers and the availability of medical assistance during a contest or exhibition.

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Fees and forms

      14. The authority may prescribe fees and forms for the purpose and administration of this Act.

2001 cB-6.1 s14