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In the Ontario rules, he can't be on the mound (within the 18 foot radius of the rubber).
We must realize that it is NOT a balk if the ball is dead, and is about to be put into play.
For the ball to be put into play, the pitcher must assume his position on the rubber with the ball, and the umpire calls "play".
If he doesn't have the ball, then there is no way the ball can be put into play, therefore it is a dead ball, therefore it is not a balk.
However, if the pitcher is on the mound, deceiving the runner by not having the ball, then a balk should be enforced.
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