In 2019 Ontario passed a new Combative Sports Act into law. The legislation allows the overhaul of how combat sports are regulated in the Province. The law, however, has yet to come into force which will happen “on a day to be named by proclamation of the Lieutenant Governor“.
Despite this very long passage of time it appears things are finally starting to move along. Under the umbrella of this legislation Ontario drafted the “Ontario Combative Sport Advisory Council” regulation. This regulation creates a council whose duties include giving feedback to the government about combative sports regulation including the expansion of new combative sports.
Yesterday the government announced the first Advisory Council with this press release:
The Ontario Combative Sport Advisory Council will provide independent, expert advice to the Minister of Tourism, Culture and Sport, to inform the creation of updated regulations to provide Ontarians with clear guidelines for safely competing in combative sports.
The Combative Sports Act, 2019 (CSA) was passed by the Ontario legislature and received Royal Assent on May 29, 2019. It has not yet been fully proclaimed into force.
Minister’s regulations related to technical sport rules must be created for the CSA to take full effect. The advisory council will inform the creation of these regulations.
The CSA will establish a new and modern framework for professional and amateur combative sports in Ontario once it is proclaimed in its entirety. This will enable more combative sports events to be held in the province, benefitting host communities and Ontario athletes alike.
The existing legislative frameworks for professional and amateur combative sports will remain in effect until the CSA is fully proclaimed into force.
The advisory council members are appointed by the Lieutenant Governor based on recommendations made by the Minister of Tourism, Culture and Sport.
As previously discussed below are some of the highlights of the Combative Sports Act:
- The Act regulates both amateur and professional combative sports which are defined as follows a sport in which contestants meet by previous arrangement for the purpose of an encounter or fight and, (a) strike their opponents using their hands, fists, feet or any other body part or any combination of them; (b) use throwing, grappling or submission techniques; or (c) engage in any other prescribed technique.
- It repeals the current Athletics Control Act
- The Act requires the Minister in charge to appoint a Combat Sports Commissioner for the Province
- Additionally a combative sports advisory council is created
- The details of which combative sports will be legalized will be set out in regulations so many important details have yet to emerge. The above definition is broad enough to allow any known striking sports such as boxing, kickboxing, muay thai, MMA and others. It also allows professional grappling contests, amatuer grappling contests and most importantly discretion is built in for the Province to allow other combative sports by ‘designation‘.
- The Act appears to break the monopoly Ontario handed Provincial Sports Organizations over amateur combative sports. Presently Ontario recognizes various PSO’s and hands them monopoly power over their respective combative sport. This legislation allows anyone to apply to the Commissioner for a permit to hold an amateur combative sport event in the future even if it is outside of the PSO monopoly model. Section 43 of the Act notes that anyone who receives an “event permit” is deemed to have permission under the Criminal Code to host the event allowed under the permit.
- When determining what Professional and Amateur combat sports are allowed the Minister is given broad power to pass regulations. Specifically Regulations a) setting out sports as combative sports for the purposes of subsection 1 (3); (b) governing the conduct of an amateur combative sport contest or exhibition and the conduct of a professional combative sport contest or exhibition, including prescribing rules relating to such contests and exhibitions;
- The Regulations even allow combative sports contests to be permitted with deviations to the published rules for those sports with Section 49(4) of the Act noting “A regulation made under clause (1) (b) may permit the Minister to exempt an amateur combative sport contest or exhibition or professional combative sport contest or exhibition from the rules set out in the regulation that apply to the combative sport, provided that the Minister is satisfied that the contest or exhibition satisfies such requirements as set out in the regulation.“
- Even if a sport has no rules published for it this Act allows events with unique rules to be permitted with Section 49(5) noting “If no regulation is made under clause (1) (b) prescribing rules in respect of a particular combative sport, the Minister may make regulations requiring a person wishing to promote, conduct or hold an amateur combative sport contest or exhibition or professional combative sport contest or exhibition involving the combative sport to obtain the Minister’s approval of rules that will apply to the contest or exhibition.”
Combat Sports Law 