Bill S-238

2nd Session, 39th Parliament,

56-57 Elizabeth II, 2007-2008

senate of canada

BILL S-238

An Act respecting Canadian professional football

WHEREAS the game of Canadian football, with its unique rules, has existed longer than the American version of football and is played nowhere else in the world;

WHEREAS Canadian football’s traditions are witnessed annually in the Grey Cup game, with the trophy of the same name having been donated by His Excellency the late Governor General Earl Grey in 1909 to symbolize football supremacy in Canada;

WHEREAS Canadian football at the professional level is represented by the institution known as the Canadian Football League;

WHEREAS professional Canadian football is an important cultural industry and the Grey Cup game and events surrounding it form a significant cultural event that contributes to the bonds of nationhood across Canada;

WHEREAS the Canadian Football League generates thousands of jobs and millions of dollars in economic activity annually in Canada while providing sporting memories and inspirational heroes for millions of Canadian football fans;

WHEREAS the granting of franchises by organizations established to promote professional sport, the trading in the contracts of players and the recruiting and allocation of players have become a significant factor in the commercial intercourse between Canada and the United States;

WHEREAS the incursion of the National Football League into Canada from the United States would threaten the continued existence of the Canadian Football League;

AND WHEREAS it is in the national and public interest that an effort be made to protect this Canadian institution from the encroachments of the National Football League or any other foreign league upon Canadian soil;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Canadian Football Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Canadian league” means a league that is not a foreign league.

“exhibition game” means, in respect of a football team, a game played

(a) before its season of scheduled games against other teams in its league; or

(b) after its season of scheduled games against other teams in its league and all its playoff or championship contests to determine football supremacy against other teams in its league or against teams in any league affiliated with its league for playoff or championship contests.

“football” means Canadian football and American football, but does not include soccer or rugby.

“foreign league” means a league organized or operating in a country other than Canada or having its principal office or any part of its membership in a country other than Canada.

“league” means an incorporated or unincorporated association of persons, or other organization of persons, that has as its sole purpose or one of its purposes the promotion or regulation of professional football on behalf of and in the interests of the members of the association or organization and that

(a) grants franchises, licences, permits or other approvals (hereinafter referred to as “franchises”) to the members thereof to operate football teams in designated areas, stadiums, or other places;

(b) arranges or regulates schedules of games between teams operated by the members thereof or other persons;

(c) arranges or regulates the sharing of gate, broadcasting or other receipts;

(d) arranges or regulates participation in exhibition or other games;

(e) arranges or regulates the allocation or recruitment of players; or

(f) establishes rules of conduct for its members or rules of play for the teams of its members;

and includes any similar association or organization associated therewith.

(2) For the purposes of this Act, a football team is within a league or playing football in a league when

(a) the owner or operator of the team has been granted a franchise by that league to operate a football team; or

(b) the league arranges or approves the operation of the football team by the owner or operator thereof.

APPLICATION

3. This Act does not apply in respect of a Canadian league operating exclusively in one province.

GENERAL

4. No Canadian league shall

(a) grant a franchise to any person to operate a football team elsewhere than in Canada;

(b) authorize or permit any football team organized or operating in Canada to play any football game outside Canada, except an exhibition game; or

(c) authorize or permit a football team within a foreign league or organized or operating outside Canada to play any football game in Canada against any team within the Canadian league, except an exhibition game.

5. (1) Subject to this section, no person owning or operating a football team within a foreign league shall require or permit that team to play football in Canada.

(2) Subject to this section, no person shall play football within Canada as a player on a football team within a foreign league.

(3) This section does not apply where a football team within a foreign league plays football in Canada in an exhibition game.

ENFORCEMENT

6. (1) Where it appears to the Attorney General of Canada that any person has engaged, is engaged or is about to engage in any act or practice in contravention of this Act, the Attorney General of Canada may bring an action in any superior court of competent jurisdiction to enjoin such act or practice.

(2) Notwithstanding that an indictment may have been preferred under section 126 of the Criminal Code in respect of any act or practice in contravention of this Act, the Attorney General of Canada may commence and maintain an action under subsection (1) to enjoin such act or practice.

(3) The court before which an action is brought and maintained under this section may

(a) grant a temporary restraining order or an interlocutory injunction;

(b) order any person to comply with a provision of this Act; and

(c) make such other order as may be deemed necessary to effect compliance with this Act.

(4) The court before which an action is brought and maintained under this section may punish any person who contravenes or fails to comply with a restraining order, injunction or other order granted or made by the court under this section by a fine in the discretion of the court or by imprisonment for a term not exceeding two years.