This enactment amends the Criminal Code to create offences respecting great apes, elephants and certain other non-domesticated animals in captivity, including respecting captive breeding. It also amends the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to require a permit for the import, export or interprovincial transportation and captive breeding of great apes, elephants and certain other non-domesticated animals.

Preamble

Whereas the phrase “All My Relations” expresses an Indigenous understanding that all life forms of Creation are interconnected and interdependent;

Whereas science, empathy and justice require everyone to respect the biological and ecological characteristics and needs of animals;

Whereas cetaceans, great apes, elephants and certain other non-domesticated animals ought not to be kept in captivity, except for justifiable purposes such as their best interests — including individual welfare and conservation — and non-harmful scientific research;

Whereas non-domesticated animals that may benefit from protection, in circumstances of captivity, through designation under the provisions enacted by this Act include big cats, bears, wolves, pinnipeds, non-human primates, dangerous reptiles and other species;

Whereas animal care organizations that meet the highest standards of animal care may serve the interests of animals across many species with regard to animal welfare, conservation, non-harmful scientific research and public education;

Whereas animal care organizations may contribute to wildlife rescue and rehabilitation, the provision of sanctuary for animals in need, the restoration of wild populations and field research;

Whereas a ban in Canada on trade in elephant ivory and rhinoceros horn and on the collection of elephant and rhinoceros hunting trophies will help to conserve elephant and rhinoceros populations and encourage bans in other countries;

Whereas the global wildlife trade contributes to biodiversity loss, mass extinction and the risk of zoonotic disease and the Government of Canada may address wildlife trafficking through regulation;

Whereas Parliament may enact criminal laws and laws to regulate international trade and commerce in relation to animals, and provincial legislatures may enact laws in relation to property and civil rights such as granting legal standing to the orca Kiska, thus enabling orders in her best interests by her own right;

And whereas the subject matter of non-domesticated captive animals has a double aspect of shared federal and provincial jurisdiction;

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

Definitions

445.‍2 (1)  Insertion start The following definitions apply Insertion end in this section Insertion start and in sections 445.‍3 and 447.‍01 to 447.‍03 Insertion end .

animal advocate means

• (a) a person designated by the Governor in Council under section 447.‍03; or,

• (b) if no person is designated for the province in which the proceedings take place, the person from among those described in paragraphs 447.‍03(a) to (c) who is called upon by the court. (défenseur des animaux)

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cetacean Insertion start means Insertion end any member of the cetacean order, including a whale, dolphin or porpoise. (cétacé)

designated animal means an animal of a species set out in Column 2 of the schedule to this Part or a non-domesticated subspecies of that species. It also includes a hybrid animal that has, in the last four generations of its lineage, at least one animal of a species set out in Column 2 of the schedule; (animal désigné)

Prohibition on owning, breeding and possessing reproductive materials of certain animals

(2) Subject to subsections Insertion start (3) Insertion end to Insertion start (3.‍4) Insertion end , every person commits an offence who

• (a) owns, has the custody of or controls a cetacean Insertion start , great ape, elephant or designated animal Insertion end that is kept in captivity;

• (b) breeds, impregnates Insertion start or fails to take reasonable care to prevent the breeding or impregnation of Insertion end a cetacean Insertion start , great ape, elephant or designated animal Insertion end ; or

• (c) possesses or seeks to obtain reproductive materials of cetaceans Insertion start , great apes, elephants or designated animals, Insertion end including their sperm Insertion start , eggs Insertion end or an embryo.

Exception — gestating designated animals

(3) If a designated animal is gestating on the day on which animals of that species are designated under section 445.‍3, paragraphs 2(b) and (c) do not apply in respect of that designated animal for the period in which it gestates that includes the day on which animals of that species are designated.

Exception — offspring of designated animals

(3.‍1)  Insertion start Paragraph (2)‍(a) Insertion end does not apply to Insertion start the offspring of a designated animal if that offspring was born immediately after a gestational period that included the day on which animals of that species were designated under section 445.‍3 Insertion end .

Exceptions

Insertion start (3.‍2) Insertion end  Paragraph (2)‍(a) does not apply to a person who

• (a) owns, has the custody of or controls

  • Insertion start (i) Insertion end  a cetacean Insertion start , great ape or elephant Insertion end that is kept in captivity Insertion start on the day on which Insertion end this section comes into force and remains continuously in captivity Insertion start after that day, or Insertion end

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    (ii) a designated animal that is kept in captivity on the day on which the designation is made under section 445.‍3 and remains continuously in captivity after that day;

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• (b) has the custody of or controls a cetacean Insertion start , great ape, elephant or designated animal Insertion end that is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or

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  (c) is a person employed by a province or municipality or a person appointed to or employed by a provincial or municipal body or is an employee of a federal entity set out in Schedules I to V of the Financial Administration Act and is performing their duties or functions in relation to the keeping of a cetacean, great ape, elephant or designated animal in captivity, or a person who is assisting that person or employee.

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Exception — Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

(3.‍3) Subsection (2) does not apply to a person who is acting in accordance with a permit issued or deemed to have been issued under section 10 or 10.‍1 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

Exception — provincial authorization

Insertion start (3.‍4) Insertion end  Subsection (2) does not apply to a person who, Insertion start under Insertion end a licence issued by the Lieutenant Governor in Council of a province or by Insertion start any Insertion end authority in the province Insertion start that Insertion end may be specified by the Lieutenant Governor in Council Insertion start , keeps a cetacean, great ape, elephant or designated animal in captivity Insertion end

• Start of inserted block

  (a) for the purpose of conducting non-harmful scientific research; or

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• Insertion start (b) Insertion end Insertion start   Insertion end Insertion start in the best interests of the animal, with regard to individual welfare and conservation of the species Insertion end .

Prohibition of captivity of certain animals for entertainment purposes

(4) Every person commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which Insertion start a cetacean, great ape, elephant or designated animal is Insertion end used, in Canada, for performance for entertainment purposes Insertion start or for conveyance Insertion end , unless the performance Insertion start or conveyance Insertion end is authorized under a licence issued by the Lieutenant Governor in Council of a province or by Insertion start any Insertion end authority in the province Insertion start that Insertion end may be specified by the Lieutenant Governor in Council.

Offences by corporate officers, etc.

(4.‍1) If a corporation commits an offence under this section, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable, on conviction, to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

Designation of non-domesticated captive animals

445.‍3 (1) The Governor in Council may, by order, add a species of animal to the schedule to this Part, remove a species from the schedule or reorder the listing of species in the schedule.

Consultations and factors for designation

(2) Before adding a species to or removing a species from the schedule to this Part, the Governor in Council, in consultation with professionals in animal science, veterinary medicine and animal care and with representatives of groups whose objects include the promotion of animal welfare, must consider the following:

• (a) whether the species is capable of living in captivity; and

• (b) whether the biological and ecological needs for individual animals of that species to live a good life can be met in captivity, including in particular

  • (i) the ability of animals of the species to engage in natural behaviour while in captivity,

  • (ii) the intelligence, emotions, social requirements, physical size, lifestyle and potential use in performances of animals of the species,

  • (iii) the public safety risks posed by animals of the species, and

  • (iv) the evidence of harm to animals of the species in captivity, including stereotypies, health problems in captivity, shorter lifespans and increased infant mortality rates.

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Order under section 447.‍02

447.‍01 (1) If an offender is convicted or is discharged under section 730 of an offence under subsection 445.‍2(2) or (4), the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, must consider making an order under section 447.‍02 to protect the best interests of the cetacean, great ape, elephant or designated animal in respect of which the offence was committed.

Inquiry by court

(2) As soon as feasible after a finding of guilt, and in any event before imposing a sentence for an offence under subsection 445.‍2(2) or (4), the court must inquire of the prosecutor if reasonable steps have been taken to provide an animal advocate with an opportunity to indicate whether the advocate is seeking an order under section 447.‍02.

Adjournment

(3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the animal advocate to indicate whether the advocate is seeking an order under section 447.‍02 if the court is satisfied that the adjournment would not interfere with the proper administration of justice.

Reasons

(4) If an animal advocate seeks an order under section 447.‍02 and the court does not make such an order, the court shall enter the reasons in the record of the proceedings or, if the proceedings are not recorded, shall provide the reasons in writing.

Court order to protect the best interests of an animal

447.‍02 (1) The court imposing sentence on a person convicted of an offence under section 445.‍2(2) or (4) or discharging the offender under section 730 may, on application of the prosecutor or an animal advocate or on its own motion, in addition to any other measure imposed on the offender, order that the offender carry out any action that is necessary in the best interests of the animal, with regard to individual welfare and conservation of the species, including

• (a) modifying the physical conditions in which the animal is kept;

• (b) relocating the animal to another facility or sanctuary;

• (c) modifying the social conditions in which the animal is kept; or

• (d) forfeiting ownership of the animal and surrendering the animal to an animal welfare authority named in the order.

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Factors to be considered

(2) In making a determination under subsection (1), the court must consider the individual animal’s welfare and conservation of the species. It may ask for expert evidence to be given by an animal advocate.

Other animals in the offender’s possession, custody or control

(3) On its own motion or on application of the prosecutor or an animal advocate, the court may make an order made under subsection (1) applicable to any other animals in the offender’s possession, custody or control if those animals are of the same species as or a species closely related to the animal in respect of which the offence was committed.

Designation of animal advocates

447.‍03 The Governor in Council may, by order, after consultation with the Lieutenant Governor in Council of a province, designate one or more animal advocates for that province, each of whom must be:

• (a) nominated by the animal welfare authority of the provincial government;

• (b) a representative of a non-governmental organization in the province whose objects include the promotion of animal welfare; or

• (c) a professional in animal science, veterinary medicine or animal care.

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Order of prohibition or restitution

447.‍1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.‍1(2), Insertion start 445.‍2(5) Insertion end , 446(2) or 447(2) Insertion start or any order that it may make under section 447.‍02 Insertion end ,

designated animal means an animal of a species set out in Column 2 of the schedule or a non-domesticated subspecies of that species. It also includes a hybrid animal that has, in the last four generations of its lineage, at least one animal of a species set out in Column 2 of the schedule; (animal désigné)

Importation, exportation and interprovincial transport

(2) Subject to the regulations, no person shall, except in accordance with a permit issued under Insertion start this Act, Insertion end

• Insertion start (a) Insertion end  import into or export from Canada any animal or plant or any part or derivative of an animal or plant Insertion start ; or Insertion end

• Insertion start (b) Insertion end  transport from one province to another province any animal or plant, or any part or derivative of an animal or plant.

Animal welfare restrictions — import and export of certain animals

7.‍1 No person shall, except in accordance with a permit issued or deemed to have been issued under paragraph 10(1)‍(b) or subsection 10.‍1(5), import into or export from Canada a living great ape, elephant or designated animal or sperm, an egg, an embryo or a tissue culture of such an animal.

Issuance of permit — import, export and interprovincial transportation

10 (1) The Minister may, on application and on such terms and conditions as the Minister Insertion start considers appropriate Insertion end , issue a permit authorizing

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start subject to paragraph (b), Insertion end the importation, exportation or interprovincial transportation of an animal or plant or any part or derivative of an animal or plant; or

• Start of inserted block

  (b) the importation, exportation or interprovincial transportation of a living great ape, elephant or designated animal or sperm, an egg, an embryo or a tissue culture of a great ape, elephant or designated animal, if

  • (i) the importation, exportation or interprovincial transportation is for the purpose of conducting non-harmful scientific research, or

  • (ii) the Minister is of the opinion that keeping the animal in captivity or captive breeding is in the best interests of the animal when its individual welfare and the conservation of its species are taken into consideration.

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Issuance of permit — scientific research and captivity in the animal’s best interests

(1.‍1) The Minister may, on application and on such terms and conditions as the Minister considers appropriate, issue a permit authorizing any person to

• (a) keep a great ape, elephant or designated animal in captivity for the purpose of conducting non-harmful scientific research; or

• (b) keep a great ape, elephant or designated animal in captivity if the Minister is of the opinion that captivity or captive breeding is in the best interests of the animal, taking into consideration the animal’s individual welfare and conservation of the species.

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Condition — certain species of designated animals or certain activities

(1.‍2) The Minister may, at any time, limit the application of a permit issued under this section to designated animals of certain species only or to the circumstances set out in one or more paragraphs of subsection 445.‍2(2) of the Criminal Code.

Animal care organizations

10.‍1 (1) In this section, eligible animal care organization means an organization designated by the Minister under subsection (3).

Eligible animal care organizations — objects

(2) An organization may apply to the Minister for designation under subsection (3) if its objects include

• (a) promoting the welfare of non-domesticated animals;

• (b) supporting the conservation of non-domesticated animal species;

• (c) providing rehabilitation to non-domesticated animals in distress;

• (d) offering sanctuary to non-domesticated animals;

• (e) conducting non-harmful scientific research on non-domesticated animals; or

• (f) engaging in public education related to non-domesticated animals.

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Designation by Minister

(3) The Minister may, by order, designate an organization as an eligible animal care organization if it

• (a) has not been convicted of an offence under section 445.‍2 of the Criminal Code;

• (b) is not subject to an order under section 447.‍02 of the Criminal Code; and

• (c) demonstrates to the Minister’s satisfaction that it

  • (i) administers the highest professionally recognized standards and best practices of animal care,

  • (ii) has procedures that enable its members, employees, volunteers or contractors, after completing any steps that are internal to the organization, to disclose confidentially to the Minister, without fear of reprisal, the organization’s failure to adhere to the highest professionally recognized standards and best practices of animal care, including any standards and best practices prescribed by the Minister under subsection (15), or to address other animal welfare concerns,

  • (iii) refrains from activities that misrepresent or degrade captive, non-domesticated animals, including using those animals in performances for entertainment purposes or as a conveyance,

  • (iv) acquires captive non-domesticated animals in a manner that does not negatively impact species populations or ecology in their natural habitat or that contributes to a species’ survival or recovery, and

  • (v) maintains any other standards and best practices prescribed by the Minister under subsection (15) on the basis of the best available scientific, veterinary, animal care or animal welfare information.

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For greater certainty

(4) For greater certainty, an organization may be designated under subsection (3) if it engages in educational demonstrations, such as supervised public observations and interactions, of an animal’s natural behaviour or practices required for animal care.

Minister may issue permit

(5) The Minister may, on application, issue a permit authorizing an eligible animal care organization to

• (a) keep designated animals in captivity;

• (b) conduct non-harmful scientific research on designated animals;

• (c) breed designated animals in captivity;

• (d) import captive designated animals or sperm, eggs, embryos or tissue cultures of designated animals;

• (e) transport captive designated animals or sperm, eggs, embryos or tissue cultures of designated animals, to or from an eligible animal care organization in another province if that other organization holds a permit issued under this subsection;

• (f) transport captive designated animals interprovincially for the purpose of relocation to their natural habitat;

• (g) export captive designated animals or sperm, eggs, embryos or tissue cultures of designated animals to an animal care organization outside of Canada that is a member of the Association of Zoos and Aquariums or the Global Federation of Animal Sanctuaries or that, in the Minister’s opinion, would be an eligible animal care organization if it were located in Canada; or

• (h) export captive designated animals for the purpose of relocation to their natural habitat.

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Conditions and modification

(6) A permit issued under subsection (5) is subject to any terms or conditions established by the Minister, who may modify the permit at any time.

Suspension or revocation

(7) The Minister may, at any time, suspend or revoke a permit issued under subsection (5) for contravention of any term or condition of the permit, after giving the eligible animal care organization who holds the permit an opportunity to make representations.

Condition — certain species of designated animals or certain activities

(8) On the Minister’s own initiative or at the request of a provincial animal welfare authority, the Minister may limit the application of a permit issued under subsection (5) to designated animals of certain species only or to the circumstances set out in one or more paragraphs of subsection 445.‍2(2) of the Criminal Code.

Species subsequently designated

(9) A permit issued to an eligible animal care organization under subsection (5) authorizes it to do anything set out in the permit in relation to a species of animal subsequently added to the schedule by the Governor in Council under section 21.‍2.

No transfer or unauthorized use of permits

(10) No eligible animal care organization that holds a permit issued under subsection (5) may transfer the permit to or allow it to be used by another person or organization.

Review

(11) The Minister may review a permit issued under subsection (5) for any reason.

Review on request from provincial animal welfare authority

(12) At the request of a provincial animal welfare authority, the Minister must review a permit issued under subsection (5).

Change of ownership or control — eligible animal care organization

(13) It is a condition of a permit issued under subsection (5) that an eligible animal care organization must inform the Minister in writing of any change in its ownership or control.

Review on ownership change or control

(14) The Minister must review a permit issued under this section upon being informed of an eligible animal care organization’s change in ownership or control.

Consultations — standards

(15) The Minister may, by order, prescribe standards and best practices of animal care for the purposes of subparagraph (3)‍(c)‍(v) if

• (a) the Minister has consulted professionals in animal science, veterinary medicine and animal care, and with representatives of groups whose objects include the promotion of animal welfare; and

• (b) the Minister is satisfied that the standards account for the best available scientific, veterinary, animal care or animal welfare information.

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• (b) respecting the exemption of animals and plants and parts and derivatives of animals and plants Insertion start — other than living great apes, elephants or designated animals or sperm, an egg, an embryo or a tissue culture of such an animal — Insertion end from the operation of any provision of this Act;

• (ii) for the purposes of Insertion start paragraph 6(2)‍(a) Insertion end ,

• (iii) for the purposes of Insertion start paragraph 6(2)‍(b) Insertion end ,

Designation of non-domesticated captive animals

21.‍2 (1) The Governor in Council may, by order, add a species of non-domesticated animal to the schedule, remove a species from the schedule or reorder the listing of species in the schedule.

Consultations and factors for designation

(2) Before adding a species to or removing a species from the schedule, the Governor in Council, in consultation with professionals in animal science, veterinary medicine and animal care and with representatives of groups whose objects include the promotion of animal welfare, must consider the following:

• (a) whether the species is capable of living in captivity; and

• (b) whether the biological and ecological needs for individual animals of that species to live a good life can be met in captivity, including in particular

  • (i) the ability of animals of the species to engage in natural behaviour while in captivity,

  • (ii) the intelligence, emotions, social requirements, physical size, lifestyle and potential use in performances of animals of the species,

  • (iii) the public safety risks posed by animals of the species, and

  • (iv) the evidence of harm to animals of the species in captivity, including stereotypies, health problems in captivity, shorter lifespans and increased infant mortality rates.

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SCHEDULE 1 

SCHEDULE 2 

SCHEDULE 3 

SCHEDULE 4