NHL Rules on the annual Entry Draft

(Collective Bargaining Agreement between National Hockey League & National Hockey League Players’ Association, February 15, 2013)

ARTICLE 8:  ENTRY DRAFT

8.1 General. Commencing with the 2013 Entry Draft and with respect to the Entry Draft to be held each League Year thereafter, the provisions of this Article 8 shall apply. Each Entry Draft will be held in June, on a date which shall be determined by the Commissioner.

8.2 Draft Choices. The Entry Draft shall consist of seven (7) rounds, with each round consisting of the same number of selection choices as there will be Clubs in the League in the following League Year.

8.3 Compensatory Draft Selections.

(a) In addition to the seven (7) rounds of the Entry Draft, there shall be an additional number of Compensatory Draft Selections not to exceed the number of Clubs to be in the League in the following League Year.

(b) In the event a Club loses its draft rights to an Unsigned Draft Choice drafted in the first round of the Entry Draft (except as a result of failing to tender a required Bona Fide Offer (as defined below)), who (i) is again eligible for the Entry Draft, (ii) becomes an Unrestricted Free Agent, or (iii) dies, a Compensatory Draft Selection shall automatically be granted to that Club, which Compensatory Draft Selection shall be the same numerical choice in the second round in the Entry Draft immediately following the date the Club loses such rights. By way of example, if a Club cannot sign the third pick in the first round, it will receive the third pick in the second round as compensation.

8.4 Eligibility for Claim.

(a) All Players age 18 or older are eligible for claim in the Entry Draft, except:

  1. (i)  a Player on the Reserve List of a Club, other than as a try-out;
  2. (ii)  a Player who has been claimed in two prior Entry Drafts;
  3. (iii)  a Player who previously played in the League and became a Free Agent pursuant to this Agreement;
  4. (iv)  a Player age 21 or older who: (A) has not been selected in a previous Entry Draft and (B) played hockey for at least one season in North America when he was age 18, 19, or 20 and shall be eligible to enter the League as an Unrestricted Free Agent pursuant to Article 10.1(d); and
  5. (v)  a Player age 22 or older who has not been selected in a previous Entry Draft and shall be eligible to enter the League as an Unrestricted Free Agent pursuant to Article 10.1(d).

8.5 Order of Selection. The League may determine the rules governing the order of selection among Clubs in the Entry Draft, provided that such rules: (i) shall not in any manner affect or

ARTICLE 8 8.1-8.5

enlarge in any respect the selecting Club’s rights (including, without limitation, rights of retention) in respect of such Player, and (ii) are not inconsistent or contrary in any other respect to any provision of this Agreement, including, without limitation, the procedures set out in Exhibit 4. In the event that the League proposes a material change to the rules governing the order of selection in Entry Drafts conducted prior to 1995, as modified by Exhibit 4, the League shall notify the NHLPA no later than March 1 in the year of the Entry Draft during which such changes are proposed to take effect, and shall afford the NHLPA a reasonable period of time prior to the implementation thereof for the purpose of conferring regarding any such changes.

8.6 Reserve List-Exclusive Rights.

(a) Commencing with the 2013 Entry Draft, a Player selected by a Club in the Entry Draft shall be registered on the Reserve List of the selecting Club as an “Unsigned Draft Choice.”

  1. (i)  Subject to the provisions of Sections (b), (c), (d) and (e) below, such registration shall establish for such selecting Club the exclusive right of negotiation for the services of each Player selected and registered as against all other Clubs up to and including June 1 of the next calendar year following the date of his selection.
  2. (ii)  Subject to the provisions of subsection (iii) below and Sections (b), (c) and (d) below, if, on or before June 1 of the calendar year next succeeding the Entry Draft, the claiming Club makes a Bona Fide Offer (as defined below) to its claimed Player of an SPC, the Club shall retain the exclusive right of negotiation for the services of such Player up to and including the second June 1 following the date of his selection.
  3. (iii)  Notwithstanding anything set forth in subsections (i) or (ii) above, if a Player is drafted for the first time at age 20 and re-enters the Entry Draft at age 22, the Club that selects him as a re-entry may retain the exclusive negotiating rights to the Player for only one (1) year and may not acquire exclusive negotiating rights to the Player for a second year by extending a Bona Fide Offer; provided, however, this provision shall not apply to a Player drafted from a club outside North America for the first time prior to the 2013 Entry Draft whose rights, under all circumstances, shall continue to be governed by Section 8.6(a)(ii).

(b) Drafted Players who Leave the Major Juniors prior to age 20.Notwithstanding any provision of subsection (a) to the contrary, Clubs shall have additional rights set forth in subsections (i), (ii) and (iii) below with respect to Players who either: (i) were drafted while playing in the Major Juniors or (ii) other than college players described in Section (c) below or Players drafted from a club outside North America described in Section (d) below, play in the Juniors during the period of time that a Club holds their exclusive negotiating rights and, in either case, cease to play in the Juniors and play in a league other than Juniors prior to age 20.

ARTICLE 8 8.6-8.6

  1. (i)  If a Player who is drafted as an 18-year-old ceases to play in the Juniors in the first League Year after he has been drafted, his drafting Club shall have the exclusive right of negotiation for his services until the fourth June 1 following his initial selection in the Entry Draft.
  2. (ii)  If a Player who is drafted as an 18-year-old ceases to play in the Juniors in the second League Year after he has been drafted and the Club has tendered to such Player a Bona Fide Offer pursuant to 8.6(a)(ii), his drafting Club shall have the exclusive right of negotiation for his services until the fourth June 1 following his initial selection in the Entry Draft.
  3. (iii)  If a Player who is drafted for the first time as a 19-year-old ceases to play in the Juniors in the first League Year after he has been drafted, his Club shall have exclusive right of negotiation for his services until the third June 1 following his initial selection in the Entry Draft. His selecting Club may retain exclusive rights of negotiation for a fourth year by tendering the Player a Bona Fide Offer in accordance with 8.6(a)(ii), provided that such Bona Fide Offer may be made at any time prior to the third June 1 following his initial selection in the Entry Draft.
  4. (iv)  With the exception of the rights described in subsections (i), (ii) and (iii) above, a Player ceasing to play in the Juniors shall have no impact on his selecting Club’s exclusive negotiating rights as set forth in 8.6(a).

(c) College Players.

  1. (i)  If a Player drafted at age 18 or 19 is a bona fide college student at the time of his selection in the Entry Draft, or becomes a bona fide college student prior to the first June 1 following his selection in the Entry Draft, and remains a bona fide college student through the graduation of his college class, his drafting Club shall retain the exclusive right of negotiation for his services through and including the August 15 following the graduation of his college class. The Club need not make a Bona Fide Offer to such Player to retain such rights.
  2. (ii)  If a Player drafted at age 18 or 19 is a bona fide college student at the time of his selection in the Entry Draft, or becomes a bona fide college student prior to the first June 1 following his selection in the Entry Draft, and does not remain a bona fide college student through the graduation of his college class, his drafting Club shall retain exclusive rights for the negotiation of his services until the later of: (a) the fourth June 1 following his selection in the Entry Draft, or (b) thirty (30) days after NHL Central Registry receives notice that the Player is no longer a bona fide college student; provided that if the Player ceases to be a bona fide college student on or after January 1 of an academic year and the Player: (1) is in his fourth year of college and has commenced his fourth year of NCAA eligibility, or (2) is in his fourth year of college and is scheduled to

ARTICLE 8 8.6-8.6

graduate from college at the end of his fourth year, then in the circumstances described in (1) or (2), the Club shall retain the exclusive right of negotiation for such Player’s services through and including the August 15 following the date on which he ceases to be a bona fide college student. The Club need not make a Bona Fide Offer to such Player to retain such rights.

  1. (iii)  If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in accordance with Section 8.6(a)(ii) above, becomes a bona fide college student prior to the second June 1 following his selection in the Entry Draft and remains a bona fide college student through the graduation of his college class, his drafting Club shall retain the exclusive rights of negotiation for his services through and including the August 15 following the graduation of his college class.
  2. (iv)  If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in accordance with Section 8.6(a)(ii) above, becomes a bona fide college student prior to the second June 1 following his selection in the Entry Draft and does not remain a bona fide college student through the graduation of his college class, his drafting Club shall retain exclusive rights for the negotiation of his services until the later of: (a) the fourth June 1 following his selection in the Entry Draft, or (b) thirty (30) days after NHL Central Registry receives notice that the Player is no longer a bona fide college student; provided that if the Player ceases to be a bona fide college student on or after January 1 of an academic year and the Player: (1) is in his fourth year of college and has commenced his fourth year of NCAA eligibility, or (2) is in his fourth year of college and is scheduled to graduate from college at the end of his fourth year, then in the circumstances described in (1) or (2), the Club shall retain the exclusive right of negotiation for such Player’s services through and including the August 15 following the date on which he ceases to be a bona fide college student.
  3. (v)  If a Player drafted at age 20 or older is a bona fide college student at the time of his selection or becomes a bona fide college student while his drafting Club retains exclusive rights, then his drafting Club shall retain those rights until the later of: (a) the second June 1 following the date of his selection, or (b) thirty (30) days after NHL Central Registry receives notice that the Player is no longer a bona fide college student; provided that if the Player: (1) is in his fourth year of college and has commenced his fourth year of NCAA eligibility and the Player ceases to be a bona fide college student on or after January 1 of an academic year, or (2) is in his fourth year of college, is scheduled to graduate from college at the end of his fourth year and the Player ceases to be a bona fide college student on or after January 1 of an academic year, or (3) remains a bona fide college student through the graduation of his college class, then in the circumstances described in (1) or (2) or (3), the Club shall retain the exclusive right of negotiation for such Player’s services through and including August 15 of that calendar year.

For purposes of the above provisions, the term “graduation of his college class” shall mean the class with which the Player is scheduled to graduate during his final semester of attendance (as opposed to his matriculating class (the class with which he is expected to graduate as of the date of his original enrollment)). For purposes of clarity, a Player’s graduating class may change during his tenure in college.

Furthermore, a Player shall be deemed to be scheduled to graduate from college if, at the conclusion of his fourth year of college he would have been within five percent (5%) of the minimum number of credits required to graduate, provided, such determination shall be made assuming that in such fourth year of college Player earned at least the number of credits equal to the average number of credits for which he had been enrolled during his first three years of college. It shall be the Player’s responsibility to promptly provide evidence (i.e., official school transcripts and requirements) that he was or was not scheduled to graduate. Absent evidence to the contrary, NHL Central Registry shall treat a Player as if he was scheduled to graduate or remained a bona fide college student through the graduation of his college class. Furthermore, a Player who is removed from his Club’s Reserve List as a result of the operation of the above provisions shall be a draft-related Unrestricted Free Agent effective upon such removal.

Any Club that retains the exclusive rights to a Player who is a bona fide college student may request, at any time, that such Player promptly provide a current official school transcript and the school’s graduation requirements.

As a general matter, the above provisions were not intended to cut off, and shall not have the effect of cutting off, a Club’s exclusive negotiating rights during the period that a Player remains in college.

(d) Players Drafted from a Club Outside North America.

  1. (i)  Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if a Player drafted at age 18 or 19 is drafted from a club outside North America, his drafting Club shall retain the exclusive right of negotiation for his services through and including the fourth June 1 following his selection in the Entry Draft. The Club need not make a Bona Fide Offer to such Player to retain such rights.
  2. (ii)  Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if a Player drafted at age 20 or older is drafted from a club outside North America, his drafting Club shall retain the exclusive right of negotiation for his services through and including the second June 1 following his selection in the Entry Draft. The Club need not make a Bona Fide Offer to such Player to retain such rights.

(iii) Upon the expiration of the applicable exclusive right of negotiation as outlined in subsections (i) and (ii) above, the Player shall be a draft-related Unrestricted Free Agent.

(e) A “Bona Fide Offer” is an offer of an SPC which is for a period corresponding to the Player’s age as required under Section 9.1(b) of this Agreement, is to commence at the start of the next League Year, offers at least the Minimum Paragraph 1 Salary as set forth in Section 11.12 of this Agreement for each League Year covered by such offer and remains open to the Player for at least thirty (30) days after receipt of the offer by the Player. A Bona Fide Offer may be conditioned upon acceptance by the Player within thirty (30) days and carries no right to salary arbitration.

(f) Except as otherwise provided in this Section, a claimed Player unsigned on the June 1 at 5:00 p.m. New York time next succeeding his draft shall be removed from the Reserve List of the Club that claimed him.

8.7 Age 18 and 19 Players.

(a) During the first two seasons next succeeding the draft of an age 18 Player, the Club he signs an SPC with must first offer him to the club from which he was claimed before it may Loan him.

(b) During the first season next succeeding the draft of an age 19 Player or a Player who reaches his 19th birthday between September 16 and December 31, inclusive, of the year of the Entry Draft, the Club he signs an SPC with must first offer him to the club from which he was claimed before it may Loan him.

(c) During the seasons set forth in (a) and (b) above, the age 18 and age 19 Player, respectively, may be Loaned to the minor league team affiliate of his Club when his Junior team is no longer in competition and provided he has been listed on the Club’s minor league eligibility list.

8.8 Assignment of Rights. The rights acquired under the selection process under this Article shall be transferable without Waivers to any other Club by standard assignment and the transferee Club shall thereby acquire all of the rights of the original selecting Club.

8.9 Eligibility for Play in the League. No Player shall be eligible for play in the League unless he:

(a) had been claimed in the last Entry Draft, or was ineligible for claim under Section 8.4; or

(b) had been eligible for claim in the last Entry Draft, but was unclaimed, and: 21

ARTICLE 8 8.7-8.9

  1. (i)  had played hockey in North America the prior season and was age 20 or older at the time of the last Entry Draft, and signed an SPC which was signed and registered with the League between the conclusion of the Entry Draft and commencement of the next NHL Season.
  2. (ii)  had played hockey in North America the prior season and was under age 20 at the time of the last Entry Draft, and signed an SPC which was signed and registered with the League between the conclusion of the Entry Draft and commencement of the Major Juniors season (except that if such Player had signed an NHL try-out form, which was signed and registered with the League during the aforesaid time period, then the deadline for signing and registering with the League an SPC with such try-out Club shall be the commencement of the NHL Season).
  3. (iii)  had played hockey outside of North America in the prior season and was age 22 or older at the time of the last Entry Draft and signed an SPC which was signed and registered with the League between the conclusion of the Entry Draft and the commencement of the next NHL Season.
  4. (iv)  The words “eligible for claim in the last Entry Draft” in subparagraph (b) above mean “eligible for claim in all rounds of the last Entry Draft.” The words “the prior season” in subparagraph (i), (ii) and (iii) above mean “a full season prior to the last Entry Draft.”

8.10 Age of Players.

As used in this Article, “age 18” means a Player reaching his eighteenth birthday between January 1 next preceding the Entry Draft and September 15 next following the Entry Draft, both dates included; “age 19” means a Player reaching his nineteenth birthday by no later than September 15 in the calendar year of the Entry Draft; “age 20” means a Player reaching his twentieth birthday by no later than December 31 in the calendar year of the Entry Draft; “age 21” means a Player reaching his twenty-first birthday by December 31 in the calendar year of the Entry Draft; and “age 22” means a Player reaching his twenty-second birthday by December 31 in the calendar year of the Entry Draft.

8.11 NHLPA Meeting at Pre-Draft Combine. In the event that the NHL schedules a combine or any other event involving undrafted hockey Players, the NHLPA shall be entitled to attend and hold a private and closed meeting of those Players.