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TOWN OF NEWCASTLE
REPORT
Res. #
By-Law #
MEETING: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
DATE: MAY 7f 1990
REPORT #: CD-16-90 FILE #:
&J$,ECT: REQUEST FROM THE• DURHAM CENTRAL AGRICULTURAL SOCIETY
TO HOLD HARNESS RACING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-16-90 be received; and
2 . THAT the Durham Central Agricultural Society be advised that
under Section 8( 1) (g) of the "Agricultural Societies Act" they
are authorized to hold races or trials of speed for horses
without obtaining Council's permission.
BACKGROUND AND COMMENT:
At its meeting held on March 12, 1990, Council considered a request
from the Durham Central Agricultural Society to pass a by-law to
allow for the holding of harness racing on September 9, 1990, in
conjunction with the Durham Central Fair being held in Orono.
Council directed that the correspondence be referred to the Clerk
for review.
Section 8( 1) (g) of the "Agricultural Societies Act" authorizes an
Agricultural Society to hold races or trials of speed for horses .
Section 29 of the Act states that "the Lieutenant Governor in
Council may make regulations providing the terms and conditions
upon which societies may hold races or trials of speed for horses
and the amount of money that societies may award as prizes
therefore. " No such regulations have been made by the Lieutenant
Governor in Council and, accordingly, the Durham Agricultural
Society has the authority to conduct harness racing.
Continued . . . . . /2
6 n6
Report CD-16-90 - 2 - May 7, 1990
In the past, the Town has passed by-laws under the "Lord's Day
(Canada) Act" and the "Lord's Day (Ontario) Act. " The "Lord's Day
(Canada) Act" prohibited certain activities, including harness
racing, on a Sunday. However, under Section 6 of the "Lord's Day
(Ontario) Act" , municipalities were authorized to pass by-laws
permitting activities arranged and provided for by an Agricultural
Society to be conducted after 12: 00 noon on a Sunday. Harness
racing falls into this category.
Both the "Lord's Day (Canada) Act" and the "Lord's Day (Ontario)
Act" have been repealed and, therefore, the municipality no longer
has the authority to pass such a by-law.
Because Section 8( 1) (g) of the "Agricultural Societies Act" applies
to the Durham Central Agricultural Society, it is recommended that
Ms . J. Boudreau, Secretary-Treasurer of the Durham Central
Agricultural Society be advised that the holding of a harness race
in conjunction with the Durham Central Fair is permissable without
Council 's authorization.
Respectfully submitted Recommended for Presentation
to Committee
Pat i a ie, A.M.C.T. Lawrenc 19. Kotseff, M.C. I.P.
Toi Jerk. Chief A inistrative Officer
PLB/ms