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NHL Modifies Major Penalty Review For 2022-23

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There appears to be only one change to the NHL Rulebook for 2022-23, but it’s one that addresses some significant controversies from the past few seasons. According to a report from Scouting The Refs, referees will now be able to nullify a major penalty after a video review.

The updated rule, listed as Rule 20.6, is as follows:

The Referee shall have the following options after video review of his own call: (i) confirming his original Major Penalty call; (ii) reducing his original Major Penalty call to a lesser penalty; or (iii) rescinding the original Major Penalty altogether.

Prior to this change, a referee only had the option to reduce a major penalty to a two-minute penalty of the same infraction. It’s important to note that this change does not apply to match penalties.

This modification draws on a rule originally instituted for the 2019-20 season, which allowed referees to perform a video review of any major penalty as called on the ice. While obviously never stated as such, the rule was introduced in response to the controversial major penalty called against Vegas Golden Knights forward Cody Eakin for cross-checking then San Jose Sharks forward Joe Pavelski. The call, which occurred in the third period of Game 7 in a 2019 First Round series between the two rivals, directly changed the outcome of the game. The Sharks, who were down 3-0, scored four unanswered goals on the five-minute power-play. San Jose proceeded to win the game in overtime, 5-4.

It was widely viewed after the call that the incident was accidental and not deserving of a major penalty. The fallout even led to the league apologizing to the Golden Knights organization privately after the fact.

Darnell Nurse Suspended One Game

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As expected, the Edmonton Oilers will be without star defenseman Darnell Nurse when they try to stay alive tomorrow night. The Department of Player Safety has announced a one-game suspension following last night’s head-butting incident, ruling Nurse out for game six. As the accompanying video explains:

It is important to note that this is not an accidental collision that occurs when two players are moving at speed and heads collide when attempting to throw a legal body check. This is an unacceptable head-butt delivered with the top of the helmet, delivered with the top of the helmet directly to an opponent’s face, with force. 

The DoPS also handed out a $5,000 fine to his Oilers’ teammate Zack Kassian, for the cross-check he delivered on Los Angeles Kings defenseman Sean Durzi last night.

For Nurse, it is a brutal decision that will leave his team shorthanded in the most important game of the season. The incident occurred late in the second period with the Kings on the powerplay, and was not penalized by the on-ice officials. As the league notes, there is no significant history of this behavior from the Oilers defenseman (at least in terms of supplementary discipline) as he has just one previous suspension–a three-game ban for serving as the aggressor in a 2016 fight.

There was also no injury on the play for Phillip Danault, who would go on to score in the third period and finish the game. Those factors will at least keep Nurse available for a game seven, should the series reach that.

It was actually Kassian’s cross-check that put the Oilers on the penalty kill in the first place, as he delivered a hard shot to the back of Durzi after the Kings’ defenseman was hit by Evander Kane. As Kane and Blake Lizotte engaged and received matching roughing penalties, Kassian cross-checked Durzi and took his own two-minute minor. Luckily, at least for the Oilers, it will only cost Kassian some money and not a chance to play in game six when they will need all hands on deck to avoid a disappointing series result.

In a related move, Edmonton recalled Philip Broberg from Bakersfield of the AHL. He played in 23 games with the Oilers during the regular season and could be an option to take Nurse’s place in the lineup.

14 Teams Face Bonus Overages For 2022-23

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In the flat cap world, nearly every team in the league is dealing with situations that require every last dollar under the ceiling. More than half the league was using long-term injured reserve relief at some point this season, a decision that sometimes comes with some attached risk. One of those risks is the performance bonuses from entry-level contracts, which can cause overage penalties if achieved by the end of the season, should the team not have the cap space to fit them in. Those penalties are then applied to the following season’s cap, meaning they have less room to work with moving forward.

CapFriendly has calculated the overage penalties for the entire league, finding 14 of 32 teams that will face them next year. Notably, these penalties lower the cap ceiling for a team and therefore cannot be covered up by going into long-term injured relief again. The penalties are as follows:

Carolina Hurricanes: $112,500
Chicago Blackhawks: $237,500
Colorado Avalanche: $25,000
Dallas Stars: $675,000
Edmonton Oilers: $896,000
Florida Panthers: $637,500
Los Angeles Kings: $637,500
Montreal Canadiens: $1,132,500
New York Islanders $245,796
Philadelphia Flyers: $295,000
St. Louis Blues: $1,000,000*
Toronto Maple Leafs: $212,500
Vancouver Canucks: $1,250,000
Washington Capitals: $100,000

*Can still increase

Details on how each number was reached can be found on CapFriendly’s Twitter thread but the vast majority are from Schedule A performance bonuses for time on ice and games played. While some would argue that it is worth the penalty, as it means a young player has been a strong contributor, it can also be quite impactful moving forward. The Oilers, for instance, are facing a cap charge of nearly $900K, significantly more than the league minimum salary. It could very well mean they aren’t able to carry the maximum of 23 skaters for at least parts of next season while they are still trying to compete, thanks to the bonuses owed to Evan Bouchard this year.

It’s the Islanders that are perhaps the most interesting case since they did not finish in LTIR relief and in fact, were more than $2MM under the $81.5MM ceiling at the end of the year. While most of the other bonuses were on entry-level contracts, theirs included games played bonuses for Zach Parise, Zdeno Chara, and Andy Greene. That means despite being well out of the race, the Islanders will have a little less room to work with next season.

The Blues meanwhile could still face an additional overage, as their penalty is based on the bonuses given to Tyler Bozak. He can still earn $100K if the Blues win the first round and another $150K if they win the second round, which each would also be applied to next year’s cap.

Brad Marchand, Derek Forbort Earn Fines

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The Boston Bruins are down two games in their first-round series against the Carolina Hurricanes, and now a pair of their players are down a few more dollars. Derek Forbort and Brad Marchand have both been issued $5,000 fines for actions in last night’s game.

Forbort’s incident came early in the third period when he rather recklessly swung his stick toward Teuvo Teravainen, hitting him directly in the face. It was given a four-minute double-minor from the on-ice officials, half of the eight minutes that Forbort would receive on the night in just 16 minutes of ice time. A key penalty killer for the Bruins, he’ll have to keep his stick in check, as a fine will lead the Department of Player Safety to keep a closer eye on his actions moving forward, and result in increased punishments for any further transgressions.

Marchand meanwhile is already under the watchful eye of the DoPS every time he steps on the ice. His fine stems from a slash on Hurricanes goaltender Pyotr Kochetkov after the two exchanged words in the second period. Both Marchand and Kochetkov were given penalties for slashing on the play, though it is Marchand who also receives the fine–likely due in part to his long history with the league’s supplementary discipline process.

Four Players Avoid Suspension, Earn Fines

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The first night of the Stanley Cup Playoffs was a wild one, with penalties, fights, and dangerous plays happening all across the league. Kyle Clifford will have a hearing later today for his transgression, but four other players have avoided suspensions entirely. Jared Spurgeon, Wayne Simmonds, Pat Maroon, and Corey Perry have all earned fines for their respective incidents, with the Minnesota Wild captain’s punishment especially notable, given his importance to his team.

Simmonds, Maroon, and Perry were all involved in the same incident, a scrum and subsequent fights that occurred when the game between the Toronto Maple Leafs and Tampa Bay Lightning was already decided on the scoreboard. All three earned misconducts, and have now been fined for unsportsmanlike conduct. Simmonds and Maroon will both be required to pay $2,250, while Perry faces a $2,500 fine. All three are the maximum allowable under the CBA and are based on their respective salaries.

Spurgeon meanwhile appeared much more in danger of a suspension, given how his incident was perceived. He has been fined $5,000–again the maximum allowable under the CBA–for his cross-check on the ankle of St. Louis Blues forward Pavel Buchnevich. The on-ice officials handed out a two-minute minor penalty late in the third period for the play, which was an obvious outburst of frustration as the Wild lost 4-0.

Given how important he is for the Wild, a fine is the absolute best outcome the team could have hoped for. He will, however, be under increased scrutiny for the rest of the playoffs.

Kyle Clifford, Wayne Simmonds Earn Fines

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Sometimes a game that has so much hype surrounding it can turn into something very different, very quickly. With so many talking about last night’s Toronto Maple Leafs-Tampa Bay Lightning game as a potential first-round preview, there was a buzz in the air when the game started. In the end, the Maple Leafs are just lucky to escape without any suspensions.

Both Kyle Clifford and Wayne Simmonds have earned fines today for incidents in last night’s game, which turned into a circus after Erik Kallgren allowed six straight goals in just over 20 minutes of gameplay. The game finished 8-1, with the Maple Leafs taking 63 minutes in penalties and the Lightning adding 49 of their own.

Clifford was fined $2,500 for his high-stick on Corey Perry, when he reached over the top of officials to get at the restrained Tampa Bay forward. Clifford was given a match penalty which comes with an automatic review, but Perry did not suffer an injury on the play. He will escape without a suspension, though his fine was the maximum allowable under the CBA.

For Simmonds, it’s a $2,250 fine for charging Mikhail Sergachev, a play that didn’t even result in a penalty from the on-ice officials. Simmonds did end up with 15 minutes in penalties, including a misconduct as the referees tried to get control of the game. He too will avoid a suspension, though, like any fine, this will be considered whenever there is another supplementary discipline decision.

Chris Wideman To Have Hearing With Department Of Player Safety

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The Montreal Canadiens are already down more than half their roster due to injuries and illnesses but are about to lose someone else. Chris Wideman will have a hearing today with the Department of Player Safety regarding the incident with Boston Bruins forward Erik Haula last night.

In a scrum during the third period of a 5-1 blowout, while both players were being restrained by officials, Wideman appeared to deliver a head-butt to Haula’s face. He ended up with two penalties on the play, though both were listed for actions against Brandon Carlo, not Haula.

Recently, the 32-year-old Wideman was actually listed as a potential All-Star candidate by writers from NHL.com, after his relatively strong start to the season. The veteran defenseman returned after a year in the KHL to record nine points in 23 games for the Canadiens so far, but still only plays under 15 minutes a night for the struggling club. If he receives a suspension, he’ll be taken out of a lineup that is already missing wide swaths of talent, including seven players that are in the COVID protocol.

Goaltender Jake Allen also suffered an injury last night, leading to several Canadiens transactions. Cayden Primeau has been recalled from the taxi squad under emergency conditions, while Michael McNiven is up from Laval to take his spot on the taxi. Brandon Baddock and Louis Belpedio have been loaned back to Laval, while Kale Clague has exited the protocol and will rejoin the team.

No Supplemental Discipline For P.K. Subban, Marcus Foligno

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Despite considerable media attention paid to both situations, New Jersey Devils defenseman P.K. Subban and Minnesota Wild forward Marcus Foligno will not receive any discipline from recent altercations. The NHL Department of Player Safety has reviewed each scenario and determined that neither rises to the level of a suspension or fine.

In the case of Foligno, this appears to be a perfectly appropriate decision. The incident in question occurred on Saturday night as the Wild took on the Toronto Maple Leafs. Just as Foligno had jumped off for a change, a scrum ensued right in front of the Minnesota bench. Foligno got back on the ice to engage with the Leafs’ Wayne Simmonds. Typically, leaving the bench in this scenario would be a an automatic ten-game suspension, one of the NHL’s most harsh penalties. However, as The Athletic’s Michael Russo reports, the league did not consider this to be a case of Foligno leaving the bench, as no one had yet replaced him on the ice. Kirill Kaprizov was supposed to sub in for Foligno, but given the budding altercation in front of him smartly stayed put, which allowed Foligno, who was still straddling the boards, to legally get back on the ice. The Wild just narrowly avoided losing one of their veteran leaders for an extended period of time.

As for Subban, the lack of retribution from the league continues to be a strange phenomenon. Subban appeared to slew foot the Winnipeg Jets’ Nikolaj Ehlers on Friday night, though it was not called on the ice. The general understanding in this scenario is that the incident does not meet the league’s textbook definition of “slew foot”. Call what you will, but this shockingly marks his fourth dangerous trip this season. Yet, the veteran defenseman had not received any punishment and Daily Faceoff’s Frank Seravalli reports that this will continue with this latest incident. It remains a mystery how Subban continues to get off scot-free with obvious slew foots, especially when the Boston Bruins’ Brad Marchand recently received a three-game suspension for a slew foot that received no attention from the officials nor the visiting Vancouver Canucks. Seravalli states that extra attention is being paid by the league to both Subban and slew foots, yet it made no difference yet again.

Department Of Player Safety Announces Several Fines

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The Department of Player Safety is working this holiday, as they’ve issued a pair of fines for actions in last night’s Winnipeg Jets-Columbus Blue Jackets game. Max Domi has been fined $5,000 for unsportsmanlike conduct, while Josh Morrissey has earned a $5,000 fine for slashing. Both are the maximum allowable under the CBA.

That’s not all, however, as Ottawa Senators defenseman Nikita Zaitsev has earned a $5,000 fine in his first game back from the COVID protocol for cross-checking Timo Meier of the San Jose Sharks.

Morrissey especially seems lucky to have escaped without a suspension, given the violent slash he gave to Alexandre Texier as an empty-net goal went in. He was given a two-minute minor penalty for the play, but the game was out of reach at that point late in the third period.

Domi meanwhile already received six minutes in penalties during the game, but the league did not reveal what exactly the fine was for. The Blue Jackets forward did cause a scrum to happen after shooting a puck into the net well after the whistle, and attempted to fight an unwilling Evgeny Svechnikov while the linesmen were trying to split them up.

Zaitsev meanwhile cross-checked Meier in the face, though not with the force of some previous incidents that have merited suspensions. He didn’t receive a penalty on the play and Meier did not suffer a serious injury.

NHL Announces Stricter Enforcement For Cross-Checking

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For months now, there has been reporting indicating that the league was going to put a new focus on cross-checking this season, penalizing it more strictly. Today, the league even released a video announcing its new, stricter enforcement guidelines, giving examples of the kind of plays that will now be expected to draw penalties. Examples along the boards, in front of the net and in open ice on the rush are shown. Though the league is clear this is not a rule change, it is a change to the interpretation of rule 59 which currently reads:

Cross-checking: The action of using the shaft of the stick between the two hands to forcefully check an opponent.

The wording is not being changed, but the video explains that it is a judgment call made by an official that will be done differently this season.

Although not a change to the rule, beginning in the 2021-22 season, there will be a stricter enforcement of rule 59. 

Officials may allow players to use the shaft of the stick to guide or push an opponent without assessing a penalty. However, if the guiding or pushing is judged to be excessive, an interference penalty may be assessed. 

Players and coaches alike have long cried out for change to the cross-checking enforcement, given the punishment that has been allowed in front of the net. If this rule is truly enforced differently this upcoming season, there may be a significant change to the way players defend, especially on the penalty kill. As with any judgment call though, it remains to be seen how strictly the officials actually call these listed offenses.

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