S-24114470-71Elizabeth II2021-2022An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals)Jane Goodall ActAn Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals)20223
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KLYNE4411932SUMMARYThis 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.TABLE OF PROVISIONSAn Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals)PreambleShort TitleJane Goodall ActCriminal CodeAmendmentsWild Animal and Plant Protection and Regulation of International and Interprovincial Trade ActAmendmentsRelated ProvisionsAboriginal and treaty rightsDeemed permits — great ape science and conservation programsDeemed designationTransitional ProvisionsNon-application — gestating animalsNon-application — offspring of animalsComing into Force180 days after royal assentPreambleWhereas 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:Short Title
Short titleThis Act may be cited as the Jane Goodall Act.
R.S., c. C-46Criminal Code
Subsections 445.2(1) to (4) of the Criminal Code are replaced by the following:
DefinitionsThe following definitions apply in this section and in sections 445.3 and 447.01 to 447.03.animal advocate meansa person designated by the Governor in Council under section 447.03; or,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)cetacean means 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 animalsSubject to subsections (3) to (3.4), every person commits an offence whoowns, has the custody of or controls a cetacean, great ape, elephant or designated animal that is kept in captivity;breeds, impregnates or fails to take reasonable care to prevent the breeding or impregnation of a cetacean, great ape, elephant or designated animal; orpossesses or seeks to obtain reproductive materials of cetaceans, great apes, elephants or designated animals, including their sperm, eggs or an embryo.Exception — gestating designated animalsIf 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 animalsParagraph (2)(a) does not apply to 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.ExceptionsParagraph (2)(a) does not apply to a person whoowns, has the custody of or controlsa cetacean, great ape or elephant that is kept in captivity on the day on which this section comes into force and remains continuously in captivity after that day, ora 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;has the custody of or controls a cetacean, great ape, elephant or designated animal 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; oris 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.Exception — Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade ActSubsection (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 authorizationSubsection (2) does not apply to a person who, under a licence issued by the Lieutenant Governor in Council of a province or by any authority in the province that may be specified by the Lieutenant Governor in Council, keeps a cetacean, great ape, elephant or designated animal in captivity for the purpose of conducting non-harmful scientific research; orin the best interests of the animal, with regard to individual welfare and conservation of the species.Prohibition of captivity of certain animals for entertainment purposesEvery 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 a cetacean, great ape, elephant or designated animal is used, in Canada, for performance for entertainment purposes or for conveyance, unless the performance or conveyance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by any authority in the province that may be specified by the Lieutenant Governor in Council.Offences by corporate officers, etc.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.
Criminal CodeExisting text of subsections 445.2(1) to (4):
In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise.Subject to subsections (2.1) to (3.1), every person commits an offence whoowns, has the custody of or controls a cetacean that is kept in captivity;breeds or impregnates a cetacean; orpossesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo.If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.Paragraph (2)(a) does not apply to a person whoowns, has the custody of or controls a cetacean that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter;has the custody of or controls a cetacean 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; oris authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.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 captive cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.
The Act is amended by adding the following after section 445.2:
Designation of non-domesticated captive animalsThe 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 designationBefore 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:whether the species is capable of living in captivity; andwhether the biological and ecological needs for individual animals of that species to live a good life can be met in captivity, including in particularthe ability of animals of the species to engage in natural behaviour while in captivity,the intelligence, emotions, social requirements, physical size, lifestyle and potential use in performances of animals of the species,the public safety risks posed by animals of the species, andthe evidence of harm to animals of the species in captivity, including stereotypies, health problems in captivity, shorter lifespans and increased infant mortality rates.
New.
The Act is amended by adding the following after section 447:
Order under section 447.02If 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 courtAs 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.AdjournmentOn 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.ReasonsIf 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 animalThe 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, includingmodifying the physical conditions in which the animal is kept;relocating the animal to another facility or sanctuary;modifying the social conditions in which the animal is kept; orforfeiting ownership of the animal and surrendering the animal to an animal welfare authority named in the order.Factors to be consideredIn 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 controlOn 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 advocatesThe 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:nominated by the animal welfare authority of the provincial government;a representative of a non-governmental organization in the province whose objects include the promotion of animal welfare; ora professional in animal science, veterinary medicine or animal care.
New.
The portion of subsection 447.1(1) of the Act before paragraph (a) is replaced by the following:
Order of prohibition or restitutionThe court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2), 445.2(5), 446(2) or 447(2) or any order that it may make under section 447.02,
Existing text of relevant portion of section 447.1:
The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2), 446(2) or 447(2),
The Act is amended by adding the schedule set out in Schedule 1 to this Act.
The schedule to Part XI is amended by adding the items set out in Schedule 2.
1992, c. 52Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act
Section 2 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is amended by adding the following in alphabetical order: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)Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade ActNew.
Subsections 6(2) and (3) of the Act are replaced by the following:Importation, exportation and interprovincial transportSubject to the regulations, no person shall, except in accordance with a permit issued under this Act,import into or export from Canada any animal or plant or any part or derivative of an animal or plant; ortransport from one province to another province any animal or plant, or any part or derivative of an animal or plant.Existing text of subsections 6(2) and (3):Subject to the regulations, no person shall, except under and in accordance with a permit issued pursuant to subsection 10(1), import into Canada or export from Canada any animal or plant, or any part or derivative of an animal or plant.Subject to the regulations, no person shall, except under and in accordance with a permit issued pursuant to subsection 10(1), transport from one province to another province any animal or plant, or any part or derivative of an animal or plant.
The Act is amended by adding the following after section 7:
Animal welfare restrictions — import and export of certain animalsNo 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.
New.
Subsection 10(1) of the Act is replaced by the following:
Issuance of permit — import, export and interprovincial transportationThe Minister may, on application and on such terms and conditions as the Minister considers appropriate, issue a permit authorizingsubject to paragraph (b), the importation, exportation or interprovincial transportation of an animal or plant or any part or derivative of an animal or plant; orthe 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, ifthe importation, exportation or interprovincial transportation is for the purpose of conducting non-harmful scientific research, orthe 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.Issuance of permit — scientific research and captivity in the animal’s best interestsThe Minister may, on application and on such terms and conditions as the Minister considers appropriate, issue a permit authorizing any person tokeep a great ape, elephant or designated animal in captivity for the purpose of conducting non-harmful scientific research; orkeep 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.Condition — certain species of designated animals or certain activitiesThe 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.
Existing text of subsection 10(1):
The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation, exportation or interprovincial transportation of an animal or plant, or any part or derivative of an animal or plant.
The Act is amended by adding the following after section 10:
Animal care organizationsIn this section, eligible animal care organization means an organization designated by the Minister under subsection (3).Eligible animal care organizations — objectsAn organization may apply to the Minister for designation under subsection (3) if its objects includepromoting the welfare of non-domesticated animals;supporting the conservation of non-domesticated animal species;providing rehabilitation to non-domesticated animals in distress;offering sanctuary to non-domesticated animals;conducting non-harmful scientific research on non-domesticated animals; orengaging in public education related to non-domesticated animals.Designation by MinisterThe Minister may, by order, designate an organization as an eligible animal care organization if ithas not been convicted of an offence under section 445.2 of the Criminal Code;is not subject to an order under section 447.02 of the Criminal Code; anddemonstrates to the Minister’s satisfaction that itadministers the highest professionally recognized standards and best practices of animal care,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,refrains from activities that misrepresent or degrade captive, non-domesticated animals, including using those animals in performances for entertainment purposes or as a conveyance,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, andmaintains 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.For greater certaintyFor 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 permitThe Minister may, on application, issue a permit authorizing an eligible animal care organization tokeep designated animals in captivity;conduct non-harmful scientific research on designated animals;breed designated animals in captivity;import captive designated animals or sperm, eggs, embryos or tissue cultures of designated animals;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;transport captive designated animals interprovincially for the purpose of relocation to their natural habitat;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; orexport captive designated animals for the purpose of relocation to their natural habitat.Conditions and modificationA 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 revocationThe 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 activitiesOn 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 designatedA 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 permitsNo 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.ReviewThe Minister may review a permit issued under subsection (5) for any reason.Review on request from provincial animal welfare authorityAt 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 organizationIt 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 controlThe 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 — standardsThe Minister may, by order, prescribe standards and best practices of animal care for the purposes of subparagraph (3)(c)(v) if 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; andthe Minister is satisfied that the standards account for the best available scientific, veterinary, animal care or animal welfare information.
New.
Paragraph 21(1)(b) of the Act is replaced by the following:respecting the exemption of animals and plants and parts and derivatives of animals and plants — other than living great apes, elephants or designated animals or sperm, an egg, an embryo or a tissue culture of such an animal — from the operation of any provision of this Act;Subparagraph 21(1)(c)(ii) of the Act is replaced by the following: for the purposes of paragraph 6(2)(a), The portion of subparagraph 21(1)(c)(iii) of the Act before clause (A) is replaced by the following: for the purposes of paragraph 6(2)(b),Existing text of relevant portions of subsection 21(1):
The Governor in Council may make regulations for carrying out the purposes of this Act, including regulationsrespecting the exemption of animals and plants, and parts and derivatives of animals and plants, from the operation of any provision of this Act;amending the definitions animal and plantfor the purposes of subsection 6(2),for the purposes of subsection 6(3),in order to protect species that are subject to the legislative authority of Parliament, or
The Act is amended by adding the following after section 21.1:
Designation of non-domesticated captive animalsThe 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 designationBefore 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:whether the species is capable of living in captivity; andwhether the biological and ecological needs for individual animals of that species to live a good life can be met in captivity, including in particularthe ability of animals of the species to engage in natural behaviour while in captivity,the intelligence, emotions, social requirements, physical size, lifestyle and potential use in performances of animals of the species,the public safety risks posed by animals of the species, andthe evidence of harm to animals of the species in captivity, including stereotypies, health problems in captivity, shorter lifespans and increased infant mortality rates.
New.
The Act is amended by adding the schedule set out in Schedule 3 to this Act.
The schedule is amended by adding the items set out in Schedule 4 to this Act.
Related Provisions
Aboriginal and treaty rightsThe provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and not as abrogating or derogating from them.
Deemed permits — great ape science and conservation programsThe Minister is deemed to have issued permits under paragraphs 10(1)(b), 10(1.1)(a) and 10(1.1)(b) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to the following organizations:the Calgary Zoological Society;the Zoo de Granby; andthe Board of Management of the Toronto Zoo.Authorized activitiesThe permits deemed to have been issued under this section authorize their holder toimport or export a living great ape or sperm, an egg, an embryo or a tissue culture of a great ape; transport a living great ape or sperm, an egg, an embryo or a tissue culture of a great ape to or from a person in another province that holds a permit deemed to have been issued under this section;keep a great ape in captivity;conduct non-harmful scientific research on captive great apes; orbreed a captive great ape.Modification and conditionsThe Minister may, at any time, modify a permit deemed to have been issued under this section or impose any conditions on it that the Minister considers appropriate, including a condition that limits the application of a permit to the circumstances set out in one or more paragraphs of subsection 445.2(2) of the Criminal Code.Suspension or revocationThe Minister may revoke or suspend a permit deemed to have been issued under this section for contravention of any term or condition of the permit, after giving the holder of the permit an opportunity to make representations.
Deemed designationThe Minister is deemed to have designated the following organizations as eligible animal care organizations under subsection 10.1(3) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act:the Assiniboine Park Zoo;the Calgary Zoological Society;the Zoo de Granby;the Montréal Biodôme;Ripley’s Aquarium of Canada;the Board of Management of the Toronto Zoo; andthe Vancouver Aquarium.Deemed permitsThe Minister is deemed to have issued a permit under section 10.1(5) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to each of the organizations listed in subsection (1). Section 10.1 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade ActSubsections 10.1(6) to (14) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act apply to a permit deemed to have been issued under this section as if it were a permit issued under subsection 10.1(5) of that Act.
Transitional Provisions
Non-application — gestating animalsParagraphs 445.2(2)(b) and (c) of the Criminal Code do not apply in respect of a great ape or elephant that is gestating on the day on which section 2 of this Act comes into force, for the duration of the gestational period that includes the day on which section 2 comes into force.
Non-application — offspring of animalsParagraph 445.2(2)(a) of the Criminal Code does not apply to the offspring of a great ape or elephant if that offspring is born immediately after a gestational period that includes the day on which section 2 of this Act comes into force.
Coming into Force
180 days after royal assentSections 7 and 16 of this Act come into force 180 days after it receives royal assent or on an earlier day fixed by the Governor in Council.
(Section 6)(Sections 445.2, 445.3 and 447.01)Species of designated animalsColumn 1Column 2Column 3 Column 4ItemTaxonSpeciesEnglish Common NameFrench Common Name1CrocodiliaAll species of the order CrocodiliaAlligator Alligator CaimanCaïmanCrocodileCrocodileGharialGavial2FelidaeCatsChatsAcinonyx jubatus Cheetah Guépard Herpailurus yagouaroundiJaguarundiJaguarondiLeopardus pardalisOcelotOcelot Leopardus wiedii MargayMargayLynx canadensis Canada lynx Lynx du CanadaLynx lynx Eurasian lynx Lynx boréalLynx pardinusIberian lynxLynx d’Espagne Lynx rufus Bobcat Lynx rouxNeofelis diardiSunda clouded leopard Panthère nébuleuse de Bornéo ou léopard tacheté de BornéoNeofelis nebulosa Clouded leopardPanthère longibandePanthera leoLionLionPanthera oncaJaguarJaguarPanthera pardus LeopardLéopard Panthera tigrisTigerTigrePanthera unciaSnow leopardLéopard des neigesPuma concolor CougarCouguar ou puma3HelodermaAll species of the genus HelodermaBeaded lizard Lézard perléGila monster Monstre de Gila4HyaenidaeAll species of the family HyaenidaeAardwolf Protèle HyenaHyène5SerpentesSnakeSerpentAll venomous species of the suborder Serpentes Apodora papuanaPapuan pythonPython de PapouasieBoa constrictor constrictor Red-tailed boaBoa à queue rougeBoa constrictor mexicana Mexican boaBoa mexicainBoa constrictor nebulosa Dominican boaBoa dominicainBoa constrictor occidentalis Argentine boa Boa d’ArgentineBoa constrictor orophias St. Lucia boaBoa orophias ouboa de Sainte-LucieBoa constrictor ortonii Orton's boaBoa d’OrtonEunectes beniensis Bolivian anaconda or Beni anacondaAnaconda bolivienEunectes murinus Green anacondaAnaconda vertEunectes notaeus Yellow anacondaAnaconda jauneLiasis olivaceus Olive pythonPython oliveMalayopython reticulatus Reticulated pythonPython réticuléNyctophilopython oenpelliensis Oenpelli pythonPython OenpelliPython bivitattus Burmese pythonPython birmanPython molurus Indian pythonPython molure ou python indien Python sebae African rock pythonPython de SebaSimalia amethistinaAmethystine python or Australian scrub python Python améthyste ou python des broussailles6UrsidaeBearOursAll species of the family Ursidae except Ailuropoda melanoleuca (Giant panda)
(Section 7)Column 1Column 2Column 3 Column 4ItemTaxonSpeciesEnglish Common NameFrench Common Name1AtelidaeAll species of the family AtelidaeHowler monkey Singe hurleur Spider monkey Singe-araignée Woolly monkey Singe laineux Woolly spider monkey Singe-araignée laineux 2CanidaeCaninesCaninsCanis aureus Golden jackal Chacal commun Canis latrans Coyote Coyote Canis lupus Wolf LoupCanis rufus Red wolf Loup rouge ou loup roux Chrysocyon brachyurus Maned wolf Loup à crinièreCuon alpinus Dhole or Asiatic wild dogDhole ou chien sauvage d’Asie Lupulella adustus Side-striped jackal Chacal à flancs rayés Lupulella mesomelas Black-backed jackal Chacal à chabraque Lycaon pictusAfrican hunting dog, African painted dog or African wild dog Chien sauvage d’Afrique, chien peint, loup peint ou lycaonNyctereutes procyonoidesCommon raccoon dog Chien viverrin ou chien martreNyctereutes viverrinus Japanese raccoon dog Tanuki3CercopithecidaeOld World monkey Singe de l’Ancien MondeMandrillus leucophaeus Drill Drill Mandrillus sphinx MandrillMandrillPapio anubis Olive baboon or Anubis baboonBabouin olive, babouin doguéra ou babouin du KenyaPapio cynocephalus Yellow baboonBabouin jaune ou babouin cynocéphale Papio hamadryas Hamadryas baboonBabouin hamadryas ou hamadryas Papio kindae Kinda baboonBabouin KindaPapio papio Guinea baboonBabouin de GuinéePapio ursinus Chacma baboonBabouin chacma ou chacma Theropithecus geladaGelada baboonGélada ou singe-lion 4GalagidaeAll species of the family GalagidaeGalagos or Bush baby Galago5Hylobatidae All species of the family Hylobatidae GibbonGibbon SiamangSiamang6Lorisidae All species of the family LorisidaeLorisLorisPottoPotto7Odobenidae All species of the family OdobenidaeWalrusMorse8Otariidae All species of the family OtariidaeFur seal Otarie à fourrure Sea lionLion de mer9PhocidaeAll species of the family PhocidaeSeal Phoque10PitheciidaeAll species of the family PitheciidaeSaki Saki TitiTitiUakariOuakari
(Section 15)(Sections 2, 7.1, 10, 10.1 and 21.2)Species of designated animalsColumn 1Column 2Column 3 Column 4ItemTaxonSpeciesEnglish Common NameFrench Common Name1CrocodiliaAll species of the order CrocodiliaAlligator Alligator CaimanCaïmanCrocodileCrocodileGharialGavial2FelidaeCatsChatsAcinonyx jubatus Cheetah Guépard Herpailurus yagouaroundiJaguarundiJaguarondiLeopardus pardalisOcelotOcelot Leopardus wiedii MargayMargayLynx canadensis Canada lynx Lynx du CanadaLynx lynx Eurasian lynx Lynx boréalLynx pardinusIberian lynxLynx d’Espagne Lynx rufus Bobcat Lynx rouxNeofelis diardiSunda clouded leopard Panthère nébuleuse de Bornéo ou léopard tacheté de BornéoNeofelis nebulosa Clouded leopardPanthère longibandePanthera leoLionLionPanthera oncaJaguarJaguarPanthera pardus LeopardLéopard Panthera tigrisTigerTigrePanthera unciaSnow leopardLéopard des neigesPuma concolor CougarCouguar ou puma3HelodermaAll species of the genus HelodermaBeaded lizard Lézard perléGila monster Monstre de Gila4HyaenidaeAll species of the family HyaenidaeAardwolf Protèle HyenaHyène5SerpentesSnakeSerpentAll venomous species of the suborder Serpentes Apodora papuanaPapuan pythonPython de PapouasieBoa constrictor constrictor Red-tailed boaBoa à queue rougeBoa constrictor mexicana Mexican boaBoa mexicainBoa constrictor nebulosa Dominican boaBoa dominicainBoa constrictor occidentalis Argentine boa Boa d’ArgentineBoa constrictor orophias St. Lucia boaBoa orophias ouboa de Sainte-LucieBoa constrictor ortonii Orton's boaBoa d’OrtonEunectes beniensis Bolivian anaconda or Beni anacondaAnaconda bolivienEunectes murinus Green anacondaAnaconda vertEunectes notaeus Yellow anacondaAnaconda jauneLiasis olivaceus Olive pythonPython oliveMalayopython reticulatus Reticulated pythonPython réticuléNyctophilopython oenpelliensis Oenpelli pythonPython OenpelliPython bivitattus Burmese pythonPython birmanPython molurus Indian pythonPython molure ou python indien Python sebae African rock pythonPython de SebaSimalia amethistinaAmethystine python or Australian scrub python Python améthyste or python des broussailles6UrsidaeBearOursAll species of the family Ursidae except Ailuropoda melanoleuca (Giant panda)
(Section 16)Column 1Column 2Column 3 Column 4ItemTaxonSpeciesEnglish Common NameFrench Common Name1AtelidaeAll species of the family AtelidaeHowler monkey Singe hurleur Spider monkey Singe-araignée Woolly monkey Singe laineux Woolly spider monkey Singe-araignée laineux 2CanidaeCaninesCaninsCanis aureus Golden jackal Chacal commun Canis latrans Coyote Coyote Canis lupus Wolf LoupCanis rufus Red wolf Loup rouge ou loup roux Chrysocyon brachyurus Maned wolf Loup à crinièreCuon alpinus Dhole or Asiatic wild dogDhole ou chien sauvage d’Asie Lupulella adustus Side-striped jackal Chacal à flancs rayés Lupulella mesomelas Black-backed jackal Chacal à chabraque Lycaon pictusAfrican hunting dog, African painted dog or African wild dog Chien sauvage d’Afrique, chien peint, loup peint ou lycaonNyctereutes procyonoidesCommon raccoon dog Chien viverrin ou chien martreNyctereutes viverrinus Japanese raccoon dog Tanuki3CercopithecidaeOld World monkey Singe de l’Ancien MondeMandrillus leucophaeus Drill Drill Mandrillus sphinx MandrillMandrillPapio anubis Olive baboon or Anubis baboonBabouin olive, babouin doguéra ou babouin du KenyaPapio cynocephalus Yellow baboonBabouin jaune ou babouin cynocéphale Papio hamadryas Hamadryas baboonBabouin hamadryas ou hamadryas Papio kindae Kinda baboonBabouin KindaPapio papio Guinea baboonBabouin de GuinéePapio ursinus Chacma baboonBabouin chacma ou chacma Theropithecus geladaGelada baboonGélada ou singe-lion 4GalagidaeAll species of the family GalagidaeGalagos or Bush baby Galago5Hylobatidae All species of the family HylobatidaeGibbonGibbon SiamangSiamang6Lorisidae All species of the family LorisidaeLorisLorisPottoPotto7Odobenidae All species of the family OdobenidaeWalrusMorse8Otariidae All species of the family OtariidaeFur seal Otarie à fourrure Sea lionLion de mer9PhocidaeAll species of the family PhocidaeSeal Phoque10PitheciidaeAll species of the family PitheciidaeSaki Saki TitiTitiUakariOuakari