What PED’s Are Out of Bounds for UFC 161?

The diverse landscape of MMA regulation makes for potentially interesting issues whenever the UFC dips their toes in a new jurisdiction.  With UFC 161 bringing the organization to Manitoba for the first time a question worth asking is which substances run afoul of Manitoba’s Combative Sports Commission?

Article VIII of the UFC’s Fighter Contract requires fighters to comply with local athletic commission drug testing policies.

Manitoba’s Boxing Act gives the commission the authority to make regulations to provide for fighter drug and alcohol testing.  The Commission has done so with section 48 of the Manitoba Boxing Regulation which states as follows:

“The commission may require a boxer to undergo random drug testing for performance enhancement or illicit drugs. When required to undergo such testing, a boxer shall report for and undergo the testing at the time and place indicated by the commission.”

Interestingly, both the Manitoba Boxing Act, and the Regulation are silent on which drugs are considered illicit performance enhancers.  It takes deeper digging to get to the bottom of this issue with the Commission having an internal policy addressing PED’s. I’ve obtained a copy of this policy which adopts the WADA Prohibited list of banned substances.

What about the controversial TRT Therapeutic Use Exemptions?  Are these allowed in Manitoba?  Despite the silence of the regulations on this point, the MCSC also has an internal policy addressing this.  This policy allows for TRT TUE’s.    Based on the Commissioner’s recent interview with TopMMANews, it appears this policy was passed in contemplation of UFC 161.  For anyone interested, here is the relevant text of the policy which defers to the Canadian Centre for Ethics in Sports regarding TUE’s:

Athletes with a documented medical condition requiring the use of a Prohibited Substance must first obtain a TUE
MCSC shall use a third party organization – The Canadian Centre for Ethics in Sport (CCES) that processes TUEs in accordance with the International Standard for Therapeutic Use Exemptions (ISTUE).
Using the CCES Therapeutic Use Exemption Committee, will ensure that the process of granting TUEs for mixed martial arts events held in Manitoba is harmonized with different sports and countries.
Information about the TUE process including the application form can be found at: http://www.cces.ca/en/page-109
Athletes to review Section 5 of the Canadian Anti-Doping Policy (CADP), which can be found at:
http://www.cces.ca/files/pdfs/CCES-POLICY-CADP-E.pdf.
The costs involved will be billed to the promoter and deducted from the fighter pay. Cost per application $500 CAN + applicable taxes. Please note additional fees also could be incurred depending upon additional tests and information required.
Process
• The athlete submits an application for a Therapeutic Use Exemption to The Canadian Centre for Ethics in Sport
• The Therapeutic Use Exemption application is considered by the CCES Therapeutic Use Exemption Committee (TUEC) pursuant to and in accordance with: 1) its current terms of reference; 2) the Canadian Anti-Doping Program; and 3) the World Anti-Doping Code International Standard for Therapeutic Use Exemptions excluding any reporting requirements to the World Anti-Doping Agency as described in these documents.
• Upon receipt of the TUEC’s decision, the CCES will immediately forward the decision to MCSC who shall in turn, communicate the decision to the athlete
Note: If a Therapeutic Use Exemption is granted by the TUEC, it will only be effective for events sanctioned by the Manitoba Combative Sports Commission.

I have a full copy of the MCSC TUE Drugs and Stimulants policy and am happy to share this on request.

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