Exotic Wildlife in Captivity Act, 2010 Levac, Dave — Bill 125 (39th Parliament, 2nd Session)

Bill 125, 39-2

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Bill 125, Exotic Wildlife in Captivity Act, 2010

Levac, Dave

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[39] Bill 125 Original (PDF)

Bill 125 2010

An Act to amend

the Fish and Wildlife Conservation Act, 1997

Note:

This Act amends the Fish

and Wildlife Conservation Act, 1997 . For the legislative history

of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative

History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of

the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Fish and Wildlife Conservation Act, 1997 is

amended by adding the following Part:

Part III.1

exotic wildlife in captivity

Interpretation

Exotic wildlife

47.1

(1) Exotic

wildlife means an animal of a species or type, other than game wildlife or

specially protected wildlife, that is not native to Ontario and that in its

natural habitat is usually found wild by nature and includes a species

prescribed by the regulations.

Captivity

(2) Keeping exotic wildlife in captivity includes the

keeping of the wildlife as a pet.

Keeping exotic wildlife in

captivity

47.2

(1) No

person shall keep live exotic wildlife in captivity except under the authority

of a licence and in accordance with the regulations.

Exception, wildlife in transit

(2) Except as prescribed by the regulations, subsection

(1) does not apply to exotic wildlife that originated outside Ontario and is in

Ontario temporarily in transit or in quarantine.

Other exceptions

(3) Subsection (1) does not apply in the circumstances

prescribed by the regulations.

Release of exotic wildlife

47.3

(1) Except

with the authorization of the Minister, no person shall release exotic wildlife

that is kept in captivity.

Escape of exotic wildlife

(2) A person who keeps exotic wildlife in captivity shall

ensure that it does not escape.

Obligations on escape or release

(3) If exotic wildlife is released without authorization

or escapes, the person who kept it in captivity,

(

a) shall

immediately notify the Minister; and

(

b) unless

otherwise directed by the Minister, shall return the exotic wildlife to

captivity as soon as practicable.

Exceptions

(4) Subsection (3) does not apply to exotic wildlife that

was kept in captivity for the purpose of rehabilitation or care under

section

47.6.

Certain provisions do not apply

(5) Clauses 11 (1) (

a) to (d),

section 20 and such other

provisions of this Act and the regulations as are prescribed by the regulations

do not apply to a person who captures exotic wildlife under subsection (3).

Minister's powers

(6) If the Minister is of the opinion that a person has

not complied with clause (3) (b), the Minister may capture the wildlife without

incurring any liability.

Minister's expenses

(7) The person who kept the wildlife in captivity is

liable to the Minister for all expenses incurred by the Minister under

subsection (6) unless the escape or release was caused by a natural disaster or

act of vandalism that was beyond the control of the person.

Hunting exotic wildlife in captivity

47.4 No

person shall

hunt or permit the hunting of exotic wildlife that is in captivity at the time

it is hunted.

Propagation of exotic wildlife

47.5 No

person shall propagate or offer to propagate exotic wildlife, or possess it for

the purpose of propagation, except under the authority of a licence and in accordance

with the regulations.

Exotic wildlife custodians

47.6

(1) In

this section,

"exotic

wildlife custodian" means a person who has an authorization under subsection

(2).

Rehabilitation or care

(2) The Minister may authorize an exotic wildlife custodian

to keep injured, sick or immature exotic wildlife in captivity for the purpose

of rehabilitating or caring for them.

remuneration

(3) An exotic wildlife

custodian is not entitled to any remuneration from the Minister.

Surrender to

Minister

(4) At the Minister's

request, an exotic wildlife custodian shall surrender to the Minister any

exotic wildlife in the custodian's possession, whether it is alive or dead, or

shall dispose of it in such manner as the Minister directs.

Liability of

Crown

(5) The Crown in right

of Ontario is not liable for any act or omission of an exotic wildlife custodian

and no action or other proceeding for damages may be instituted against the

Crown in right of Ontario for any loss arising from the act or omission of an

exotic wildlife custodian.

Application of

standards of care regulation

47.7

(1) Nothing

in this Part affects the operation of the standards of care that apply to exotic

wildlife as set out in Ontario Regulation 60/09 (Standards of Care) made under

the Ontario Society for

the Prevention of Cruelty to Animals Act .

Same, regulations

(2) A regulation made

under this Act in respect of exotic wildlife must not limit, remove or

otherwise be inconsistent with any requirement set out in Ontario Regulation

60/09 (Standards of Care) made under the Ontario Society for the Prevention of Cruelty to

Animals Act .

Application of

municipal by-laws

47.8 A provision of a

municipal by-law prevails over a provision of this Part or of a regulation made

for the purposes of this Part to the extent that the provision of the by-law

prohibits the keeping of exotic wildlife or is otherwise more restrictive than

the provision of this Part or of the regulation.

Section

112 of the Act is amended by adding the following paragraphs:

35.1 prescribing species for the

purposes of subsection 47.1 (1);

35.2 governing the keeping of

exotic wildlife in captivity;

35.3 prescribing circumstances in

which subsection 47.2 (1) applies, despite subsection 47.2 (3), to exotic

wildlife that originated outside Ontario and that is in Ontario temporarily in

transit or in quarantine;

35.4 prescribing provisions of this

Act and the regulations that do not apply to a person acting under subsection

47.3 (3), subject to such conditions as are prescribed by the regulations;

35.5 governing the propagation of

exotic wildlife;

35.6 prescribing

provisions of this Act and the regulations that do not apply to exotic

wildlife;

Commencement

3. This Act comes into force on the day it

receives Royal Assent.

Short title

4. The

short title of this Act is the Exotic Wildlife in Captivity Act,

2010 .

EXPLANATORY NOTE

The

Bill amends the Fish and

Wildlife Conservation Act, 1997 by adding a new

Part III.1 that provides

rules concerning the keeping of exotic wildlife in captivity. Here are some

highlights of the new Part.

People

are prohibited from keeping exotic wildlife in captivity unless they hold a

licence to do so. (see

section 47.2 of the Act)

Those

that keep exotic wildlife in captivity must ensure that the wildlife are not

released and that they do not escape. If exotic wildlife does escape or is

released, those who kept it in captivity are generally responsible for

recapturing them. (see

section 47.3 of the Act)

Part

III.1 of the Act must be read as being consistent with Ontario Regulation 60/09

(Standards of Care) made under the Ontario Society for the Prevention of Cruelty to Animals Act ,

and any regulations made under the Act concerning exotic wildlife must be

consistent with that Regulation. (see

section 47.7 of the Act)

provision of a municipal by-law prevails over

Part III.1 to the extent that it

prohibits the keeping of exotic wildlife or is otherwise more restrictive than

a provision of

Part III.1 or of a regulation made for the purposes of that

Part. (see

section 47.8 of the Act)

The

Act is amended to permit the Lieutenant Governor in Council to make regulations

with respect to exotic wildlife. (see amendments to

section 112 of the Act)

Date Bill stage Activity Committee

November 1, 2010

First Reading

Carried

Debates and Progress

First Reading

November 1, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 125, 39-2
Type	bill
Volume / chapter	p39 s2 bill 125 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	aab3d08fbfa013e59a2c4348cebf185d0834a692

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