role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 236, Captive Wildlife Protection Act, 2024

Collard, Lucille

Please select

View bill

Status

Debates

Acts affected

Original

Bill 236 Original (PDF)

EXPLANATORY

NOTE

The

Bill enacts the Captive Wildlife Protection Act, 2024 .

The Act creates a licensing scheme to operate zoos in Ontario.

Under

subsection 5 (1), no person shall establish, operate or maintain a zoo without

a licence. The Registrar must issue a licence to operate a zoo if specified

conditions under

section 7 have been met, but has the authority to refuse to

issue a licence based on grounds set out in

section

Section 10 gives the

Registrar the authority to propose to suspend, revoke a licence or refuse to

renew one, or to suspend a licence without a proposal if the Registrar

considers it to be necessary in the public interest. The licensee is entitled

to a hearing if the Registrar intends to take any of these steps under

section 10

or 12, as the case may be.

The

Act allows for annual inspections of zoos by the Chief Animal Welfare Inspector.

The inspection powers under sections 24 to 27 of the Provincial

Animal Welfare Services Act, 2019 apply to those inspections, with

necessary modifications. An animal welfare inspector appointed by the Chief

Animal Welfare Inspector has the authority to issue an order requiring a

licensee to remedy a contravention under the Act. In addition to the grounds

for removing an animal under subsection 31 (1) or (2) of the Provincial Animal Welfare Services Act, 2019 , the Chief Animal

Welfare Inspector may, under

section 15, cause a live animal to be removed from

a zoo where it is located and take possession of it on behalf of the Minister

if the animal is in the possession of an unlicensed zoo. Offences and penalties

are listed in

section 16.

The

Minister has authority to make various regulations under

section 19, but not

before the Minister consults, in the manner that the Minister considers

appropriate, with the persons or bodies that the Minister considers appropriate

given the content of the proposed regulation.

Section

20 of the Act provides for transitional rules regarding the operation of existing

zoos or the personal ownership of wild animals on the day the Act comes into

force.

The

Act also amends the Fish and Wildlife Conservation Act,

1997 so that a person is not required to hold a licence under that Act

if they already hold a licence under the Act.

Bill 236 2024

Act to protect captive wildlife and to establish a licensing scheme for zoos

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

PART I

INTERPRETATION

Definitions

this Act,

“animal”

means any non-human vertebrate; (“animal”)

“conservation”

means any science or research work that is conducted with wild animals in human

care with the aim of measurably benefitting the long-term viability of those animals

in the wild; (“conservation”)

“enclosure”

means any indoor or outdoor structure that is used to contain, display or house

an animal; (“ enclos ”)

“entertainment”

means an event, performance or activity that is designed or conducted to

entertain people or that requires the animal to be handled or removed from its

enclosure, and includes having animals engage in unnatural behaviours, photo

sessions, public feeding activities, animal encounters or animal rides; (“ divertissement ”)

“Minister”

means the Solicitor General or such other member of the Executive Council to

whom administration of this Act is assigned under the Executive

Council Act ; (“ ministre ”)

“prescribed”

means prescribed by the regulations made under this Act; (“ prescrit ”)

“wild

animal” means a non-domesticated animal that is usually found wild by nature in

its natural habitat; (“ animal sauvage ”)

“zoo”

means a garden, park or other establishment where a wild animal is kept for any

purpose, including for the purpose of exhibition, education or entertainment. (“zoo”)

PART II

APPLICATION

Application

This

Act applies to all zoos in the Province of Ontario.

PART III

APPOINTMENTS

Appointment

of Director

(1) The

Minister shall appoint a Director for the purposes of this Act.

Appointment

designation

(2) The

person appointed as Director shall not be appointed as Registrar.

Registrar

(1) The

Minister shall appoint a Registrar for the purposes of this Act.

Appointment

designation

(2) The

person appointed as Registrar shall not be appointed as Director.

PART IV

LICENSING

Licence

required

(1) Except

under the authority of a licence, no person shall establish, operate or

maintain a zoo.

Same,

wild animal

(2) Except

under the authority of a licence to operate a zoo, no person shall acquire,

possess, trade, breed or use a wild animal unless the animal is a member of a

prescribed species used for a prescribed activity.

Application

for a licence

application for a licence to operate a zoo shall be made by submitting the

following information to the Registrar in a form approved by the Registrar:

1. The

standards with respect to formal education, professional credentials, training

and experience that the staff of the zoo will be expected to meet.

2. An

inventory of animals in captivity, including the following:

i. The

species and the number of animals for each species.

ii. The

name, age and sex of each animal.

iii. The

births, deaths, acquisitions and dispositions of animals, including the

facilities where animals have been relocated.

3. The

manner in which the zoo will be operated and the prescribed standards of care

will be met.

4. A

detailed site plan of the zoo, including the layout, design and intended use of

all buildings, enclosures and amenities, including the location of all fencing

and barriers.

5. An

emergency plan that details the response to any potential emergency situations,

including the following:

i. An

animal escape.

ii. An

animal attack.

iii. A

fire, a flood, a storm or other natural disasters.

iv. A

power failure.

v. The

spread of an infectious disease.

6. Any

other information that the Registrar may require.

Issuance

of licence

(1) Subject

to subsection (2), the Registrar shall issue a licence to an applicant if,

(

a) the

applicant has submitted all of the information that is required under

section 6;

(

b) the

applicant has provided proof of liability insurance in the prescribed amount;

(

c) the

applicant has paid the prescribed fee;

(

d) the

Registrar is satisfied that the applicant will operate the zoo in accordance

with the prescribed standards of care and the staff of the applicant will meet the

prescribed training qualifications;

(

e) the

Registrar is satisfied that wild animals will not be kept for entertainment

purposes or used to engage in activities that may pose a risk to public health,

public safety or the welfare of the animal;

(

f) the

Registrar is satisfied that the applicant will operate the zoo in accordance

with this Act or any other applicable Act or regulation, including a municipal

by-law;

(

g) the

Registrar is satisfied that the applicant has sufficient financial resources to

comply with the requirements of this Act; and

(

h) the

Registrar is satisfied that issuing the licence would not be contrary to the

public interest.

Conditions

on licence

(2) The

Registrar may impose the conditions that the Registrar considers appropriate on

the licence.

Licence

not transferable

(3) A

licence is not transferable.

Registrar

to renew licence

The

Registrar shall renew a licence at the end of each calendar year if,

(

a) the

licensee has had an inspection within the calendar year; and

(

b) there

are no orders issued under this Act or any other Act with which the licensee

has yet to comply.

Refusal

to issue a licence

The

Registrar may propose to refuse to issue a licence if, in the Registrar’s

opinion,

(

a) there

are reasonable grounds to believe that the applicant, based on their conduct or

the conduct of its directors or officers if the applicant is a corporation, is

not competent to operate a zoo or mobile zoo in a responsible manner in

accordance with this Act;

(

b) there

are reasonable grounds to believe that the applicant, based on their past

conduct or the past conduct of its directors or officers if the applicant is a

corporation, will manage the operations of wild animals in captivity in a

manner that is prejudicial to the health, safety or welfare of the animals or

the public; or

(

c) the

applicant has been found guilty of an offence involving wildlife, animal

cruelty or any other offence that would impede their ability to operate a zoo

in compliance with this Act.

Revocation,

suspension or refusal to renew licence

The Registrar

may propose to suspend, revoke or refuse to renew a licence if,

(

a) a

licensee would not be eligible for the issuance of a licence under subsection 7

(1) if the licensee were an applicant;

(

b) a

licensee has failed to comply with an order made under this Act or any other

Act within the time specified in the order;

(

c) a

licensee has failed to submit the following documentation by April 30 of the

following calendar year,

(

i) an

updated inventory of animals held in captivity at the zoo, as described in

paragraph 2 of

section 6, and

(ii) any

other prescribed information; or

(

d) a

licensee has otherwise contravened this Act or any other applicable Act or

regulation, including a municipal by-law.

Notice

re conditions, refusal, suspension, etc.

(1) The

Registrar shall notify an applicant or licensee in writing if the Registrar proposes

to,

(

a) impose

conditions on a licence under subsection 7 (2);

(

b) refuse

to issue a licence under

section 9; or

(

c) suspend,

revoke or refuse to renew a licence under

section 10.

Content

of notice

(2) The

notice of proposal shall set out the reasons for the proposed action and state

that the applicant or licensee is entitled to a hearing before the Director if

the applicant or licensee mails or delivers, within 30 days after service of

the notice, a written request for a hearing to the Registrar and to the

Director.

no hearing is requested

(3) If

an applicant or licensee does not request a hearing in accordance with

subsection (2), the Registrar may carry out the proposal.

Hearing

(4) If

an applicant or licensee requests a hearing, the Director shall hold a hearing

respecting the Registrar’s proposal and give the parties an opportunity to

present evidence and make submissions.

Parties

(5) The

Registrar, the licensee who requested the hearing and such other person as the

Director specifies are parties to the hearing.

Director’s

decision

(6) After

the hearing, the Director may, by order, direct the Registrar to carry out the

proposal or substitute the Director’s opinion for that of the Registrar and may

attach conditions to the licence.

Requirements

for hearing request

(7) A

request for a hearing under this

section is sufficiently served if delivered

personally or sent by registered mail to the Registrar and to the Director.

Temporary

suspension without proposal

(1) The

Registrar may, by order, suspend a licence issued under this Act without

issuing a proposal if the Registrar considers it to be necessary in the public

interest.

Notice

and immediate effect

(2) The

Registrar shall serve notice of the suspension on the licensee and the order

made under subsection (1) takes effect immediately.

Notice

requesting hearing

(3) The

licensee is entitled to a hearing before the Director if the licensee mails or

delivers, within 30 days after service of the notice, a written request for a

hearing on the suspension to the Registrar and to the Director.

Application

of subs. 11 (4) to (7)

(4) Subsections

11 (4) to (7) apply to a hearing under subsection (3), with necessary

modifications.

Expiry

of order

(5) If

a hearing is requested under subsection (3), the order expires 30 days after

the written request for a hearing is received by the Director.

PART V

INSPECTIONS AND ENFORCEMENT

Annual

inspections

(1) The

Chief Animal Welfare Inspector shall cause an inspection of all zoos operated

by a licensee under this Act to be conducted annually in order to ensure

compliance with this Act and the prescribed standards of care.

Application

of ss. 24 to 27 of the Provincial Animal Welfare Services

Act, 2019 to inspections

(2) The

inspection powers under sections 24 to 27 of the Provincial

Animal Welfare Services Act, 2019 apply to an inspection under

subsection (1), with necessary modifications.

Order

to licensee

(1) An

animal welfare inspector appointed by the Chief Animal Welfare Inspector who,

during an inspection under subsection 13 (1), has reasonable grounds to believe

that a licensee has contravened this Act or the prescribed standards of care

may order the licensee to take such action as to remedy the contravention.

(2) Subsections

30 (2) to (7) of the Provincial Animal Welfare Services

Act, 2019 apply to an order made under subsection (1), with necessary

modifications.

Removal

of animal

addition to the grounds for removing an animal under subsection 31 (1) or

(2) of the Provincial Animal Welfare Services Act, 2019 , the Chief Animal

Welfare Inspector may cause a live animal to be removed from a zoo where it is

located and take possession of it on behalf of the Minister if the animal is in

the possession of an unlicensed zoo.

Offence

and penalty

person who contravenes

section 5 or subsection 20 (3) is guilty of an offence

and on conviction is liable to,

(

a) a

fine of not more than $50,000 in the case of an individual;

(

b) a

fine of not more than $250,000 in the case of a corporation.

Definition

this Part,

“Chief

Animal Welfare Inspector” has the same meaning as in the Provincial

Animal Welfare Services Act, 2019 .

PART VI

GENERAL

Annual

reporting

The

Director shall submit a report annually to the Minister which includes

information with respect to,

(

a) the

number and location of all zoos;

(

b) the

inventory of live animals of each zoo;

(

c) the

number of inspections conducted that year at each zoo and any orders issued under

this Act or any other Act against each licensee; and

(

d) any

outstanding public health, public safety or animal welfare concerns identified

at each zoo.

Minister’s

regulations

(1) The

Minister may make regulations,

(

a) specifying

any matter that is described in this Act as prescribed;

(

b) governing

applications for licences, including prescribing fees and training

qualifications and competencies for licence eligibility;

(

c) establishing

standards of care that apply to zoos, including in the following matters,

(

i) animal

housing, care, welfare and management,

(ii) the

design and safety of facilities in zoos,

(iii) the

offsite transport of animals,

(iv) veterinary

care specific to zoos, and

(

v) public

health and safety;

(

d) setting

conservation requirements; and

(

e) establishing

a decommissioning process.

Consultation

(2) Before

a regulation can be made under subsection (1), the Minister shall consult, in

the manner that the Minister considers appropriate, with the persons or bodies

that the Minister considers appropriate given the content of the proposed

regulation.

Transition

re zoo

(1) A

person who is operating or maintaining a zoo on the day this Act comes into

force may continue to operate or maintain the zoo without a licence for one

year after the day this Act comes into force, subject to any conditions imposed

by the Minister to safeguard the health, safety or welfare of the animals or

the public.

Transition

re wild animal

(2) Despite

subsection 5 (2), a person who is not a zoo and who has ownership of a wild

animal that is not a member of a prescribed species on the day this Act comes

into force may keep the animal until it dies if the person does not breed the

animal or use it for entertainment.

Registration

with Registrar and subject to annual inspections

(3) The

person referred to in subsection (2) shall register the animal with the Registrar

in a form approved by the Registrar, and is subject to an annual inspection

under

section 13 and to an order under

section 14 as if that person were a licensee.

Fish

and Wildlife Conservation Act, 1997

Subsection 40 (2) of the Fish and Wildlife Conservation

Act, 1997 is amended by adding the following paragraph:

0.1 A

person who holds a licence under the Captive Wildlife Protection

Act, 2024 .

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Captive Wildlife

Protection Act, 2024 .

Date Bill stage Event Outcome Committee

December 4, 2024

First Reading

Ordered for Second Reading

December 4, 2024

First Reading

Vote

Carried

First Reading

December 4, 2024

Carried

Ordered for Second Reading