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Horse Riding Safety Act, 2001, S.O. 2001, c. 4 - Bill 12

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Show explanatory note

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 12 and does not form part of the law.  Bill 12 has been enacted as Chapter 4 of the Statutes of Ontario, 2001.

The purpose of the Bill is to increase the safety of horse riders under the age of 18 years by requiring the operators of riding establishments to ensure that riders use proper safety equipment, including properly fitted tack.  The operators of the establishments are also required to have the proper safety equipment available for hire at reasonable rates.

The Bill also amends the Highway Traffic Act. It is an offence for any rider under the age of 18 years to ride or be mounted on a horse on a highway without the proper safety equipment.  Parents and guardians of riders under the age of 16 years are also guilty of an offence if they authorize or knowingly permit riders to contravene that restriction.

 

 

chapter 4

An Act to increase
the safety of equestrian riders

Assented to June 29, 2001

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

“horse” means any animal of the equine species that is over 14.2 hands in height and does not include a pony; (“cheval”)

“horse riding establishment” means a business that provides horses for hire for riding or to be used in providing instruction in riding whether the horses are ridden on the grounds of the establishment or elsewhere; (“établissement d’équitation”)

“operator” includes a person and an individual in charge of running a horse riding establishment either through having overall control of the establishment or being in charge of the daily running of the establishment; (“exploitant”)

“person” includes a corporation, association and partnership. (“personne”)

Responsibility of establishment

2. (1) No owner or operator of a horse riding establishment shall permit any rider under the age of 18 years to ride any horse boarded by the rider in the stables of the establishment or transported by the rider to the establishment unless the rider has and is correctly using the following equipment in the manner that it was designed to be used:

1. A helmet that meets current standards for equipment designed and manufactured for use while riding horses as established by the American Society of Testing and Materials (ASTM), the British Standards Institute (BSI) or the European Safety Standards.

2. Hard soled footwear with a heel of no less than 1.5 centimetres.

3. Tack properly fitted on the horse.

Same

(2) No owner or operator of a horse riding establishment shall permit any rider under the age of 18 years to ride any horse hired out by the establishment, unless the rider has and is correctly using the equipment described in paragraphs 1, 2 and 3 of subsection (1) in the manner that it was designed to be used.

Availability of equipment

(3) Every owner or operator of a horse riding establishment shall ensure that the equipment described in paragraphs 1 and 2 of subsection (1) is available for hire at reasonable rates.

Exception

(4) An owner or operator of a horse riding establishment is not in contravention of subsection (1) or (2) if the rider does not have the equipment described in paragraph 2 of subsection (1) but is equipped with properly functioning and sized hooded stirrups, safety stirrups designed to prevent the rider’s foot from passing through or becoming wedged in the stirrups, or stirrups designed to break away when the rider falls from the horse.

Same

(5) Subsections (1) and (2) do not apply to riders participating in horse shows or competitions.

Regulations

(6) The Lieutenant Governor in Council may make regulations,

(a) exempting from any requirement of this section,

(i) any class of owners or operators of horse riding establishments, or

(ii) any class of horse riding establishments; and

(b) prescribing conditions for the exemptions.

Penalty

3. Every person who contravenes section 2 is guilty of an offence and on conviction is liable to a fine of not more than $5,000.

4. The Highway Traffic Act is amended by adding the following section:

Duty of horse riders

104.1 (1) No person under the age of 18 years shall ride or be mounted on a horse on a highway unless that person has and is correctly using the following equipment in the manner that it was designed to be used:

1. A helmet that complies with the requirements under the Horse Riding Safety Act, 2001.

2. Footwear that complies with the requirements under the Horse Riding Safety Act, 2001.

Exception

(2) Paragraph 2 of subsection (1) does not apply to a person equipped with properly functioning and sized hooded stirrups, safety stirrups designed to prevent the rider’s foot from passing through or becoming wedged in the stirrups, or stirrups designed to break away when the rider falls from the horse.

Duty of parent or guardian

(3) No parent or guardian of a person under the age of 16 years shall authorize or knowingly permit the person to ride or be mounted on a horse on a highway in contravention of subsection (1).

Rider to identify self

(4)  A police officer who finds any person contravening subsection (1) may require that person to stop and to provide identification of himself or herself.

Same

(5)  Every person who is required to stop, by a police officer acting under subsection (4), shall stop and identify himself or herself to the police officer.

Same

(6)  For the purposes of this section, giving one’s correct name and address is sufficient identification.

Same

(7)  A police officer may arrest without warrant any person who does not comply with subsection (5).

Commencement

5. This Act comes into force 90 days after it receives Royal Assent.

Short title

6. The short title of this Act is the Horse Riding Safety Act, 2001.