Ontario Regulation 477/18 – Non-application of act
Major junior ice hockey player
This regulation came into effect on November 15, 2018.
Pursuant to this regulation, the ESA 2000 does not apply to a
player on a major junior ice hockey team, if the conditions set out in subsection (2) are met.
Player on a major junior ice hockey team – s. 1(1)
The regulation applies only to the major junior ice hockey team’s hockey players. It does not apply to any other individual on a major junior ice hockey team (e.g. equipment managers, trainers, coaches).
The Program is aware of major junior ice hockey teams in the Ontario Hockey League, although there may be others. However, in order for the ESA 2000 to not apply pursuant to this regulation, the condition in subsection (2) must be met.
Scholarship condition – s. 1(2)
The ESA 2000 will not apply only if the player on a major junior ice hockey team and the team – or the league in which the team is a member – have entered into an agreement (which pursuant to s. 1(3) of the ESA 2000 must be in writing) that provides that the player is entitled to receive a scholarship for a post-secondary educational program.
The agreement must provide a scholarship for each season the player plays on the team for the condition to be met.
The condition can be met even if the agreement contains eligibility criteria that the player must meet in order to qualify for the scholarship. The regulation does not establish any restrictions on the eligibility criteria that can be included in the agreement and does not establish any minimum amount of money that must be paid in order to qualify as a scholarship.
The condition will be met so long as there is a written agreement in place that contains provisions that provide for the scholarship; it does not matter whether the player ultimately meets the criteria and receives a scholarship.
There may be a period of time where an individual is a player on a major junior ice hockey team but has not entered into a written agreement that meets the condition set out in subsection (2). If there is an employment relationship during that period of time, the ESA 2000 will apply during that period.