First Session, Forty-fourth Parliament, 70-71 Elizabeth II, 2021-2022 |
SENATE OF CANADA |
An 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)
|
FIRST READING, March 22, 2022
|
THE HONOURABLE SENATOR KLYNE |
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.
Available on the Senate of Canada website at the following address:
www.sencanada.ca/en |
Preamble
Jane Goodall Act
Amendments
Amendments
Aboriginal and treaty rights
Deemed permits — great ape science and conservation programs
Deemed designation
Non-application — gestating animals
Non-application — offspring of animals
180 days after royal assent
1st Session, 44th Parliament, 70-71 Elizabeth II, 2021-2022 |
SENATE OF CANADA |
BILL S-241 |
An 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) |
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:
1 This Act may be cited as the Jane Goodall Act.
R.S., c. C-46
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 .
Start of inserted blockanimal 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)
End of inserted blockcetacean Insertion start means Insertion end any member of the cetacean order, including a whale, dolphin or porpoise. (cétacé)
Start of inserted blockdesignated 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)
End of inserted block(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.
(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.
End of inserted block(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 .
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
(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;
End of inserted block(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
(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.
End of inserted block(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.
End of inserted blockInsertion 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
(a) for the purpose of conducting non-harmful scientific research; or
End of inserted blockInsertion 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 .
(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.
(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.
End of inserted block445.3 (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.
End of inserted block(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.
End of inserted block447.01 (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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block447.02 (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.
End of inserted block(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.
End of inserted block(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.
End of inserted block447.03 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.
End of inserted block447.1 (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 ,
1992, c. 52
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)
End of inserted block(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.
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.
End of inserted block10 (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
(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block10.1 (1) In this section, eligible animal care organization means an organization designated by the Minister under subsection (3).
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block(11) The Minister may review a permit issued under subsection (5) for any reason.
End of inserted block(12) At the request of a provincial animal welfare authority, the Minister must review a permit issued under subsection (5).
End of inserted block(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.
End of inserted block(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.
End of inserted block(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.
End of inserted block13 (1) Paragraph 21(1)(b) of the Act is replaced by the following:
(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;
(2) Subparagraph 21(1)(c)(ii) of the Act is replaced by the following:
(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 ,
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.
End of inserted block(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.
End of inserted block18 (1) The 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:
(a) the Calgary Zoological Society;
(b) the Zoo de Granby; and
(c) the Board of Management of the Toronto Zoo.
(2) The permits deemed to have been issued under this section authorize their holder to
(a) import or export a living great ape or sperm, an egg, an embryo or a tissue culture of a great ape;
(b) 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;
(c) keep a great ape in captivity;
(d) conduct non-harmful scientific research on captive great apes; or
(e) breed a captive great ape.
(3) The 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.
(4) The 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.
19 (1) The 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:
(a) the Assiniboine Park Zoo;
(b) the Calgary Zoological Society;
(c) the Zoo de Granby;
(d) the Montréal Biodôme;
(e) Ripley’s Aquarium of Canada;
(f) the Board of Management of the Toronto Zoo; and
(g) the Vancouver Aquarium.
(2) The 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).
(3) Subsections 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.
20 Paragraphs 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.
21 Paragraph 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.
Column 1
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Column 2
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Column 3
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Column 4
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Item
|
Taxon
|
Species
|
English Common Name
|
French Common Name
|
1
|
Crocodilia
|
All species of the order Crocodilia
|
Alligator
|
Alligator
|
Caiman
|
Caïman
|
|||
Crocodile
|
Crocodile
|
|||
Gharial
|
Gavial
|
|||
2
|
Felidae
|
Cats
|
Chats
|
|
Acinonyx jubatus
|
Cheetah
|
Guépard
|
||
Herpailurus yagouaroundi
|
Jaguarundi
|
Jaguarondi
|
||
Leopardus pardalis
|
Ocelot
|
Ocelot
|
||
Leopardus wiedii
|
Margay
|
Margay
|
||
Lynx canadensis
|
Canada lynx
|
Lynx du Canada
|
||
Lynx lynx
|
Eurasian lynx
|
Lynx boréal
|
||
Lynx pardinus
|
Iberian lynx
|
Lynx d’Espagne
|
||
Lynx rufus
|
Bobcat
|
Lynx roux
|
||
Neofelis diardi
|
Sunda clouded leopard
|
Panthère nébuleuse de Bornéo ou
|
||
léopard tacheté de Bornéo
|
||||
Neofelis nebulosa
|
Clouded leopard
|
Panthère longibande
|
||
Panthera leo
|
Lion
|
Lion
|
||
Panthera onca
|
Jaguar
|
Jaguar
|
||
Panthera pardus
|
Leopard
|
Léopard
|
||
Panthera tigris
|
Tiger
|
Tigre
|
||
Panthera uncia
|
Snow leopard
|
Léopard des neiges
|
||
Puma concolor
|
Cougar
|
Couguar ou puma
|
||
3
|
Heloderma
|
All species of the genus Heloderma
|
Beaded lizard
|
Lézard perlé
|
Gila monster
|
Monstre de Gila
|
|||
4
|
Hyaenidae
|
All species of the family Hyaenidae
|
Aardwolf
|
Protèle
|
Hyena
|
Hyène
|
|||
5
|
Serpentes
|
Snake
|
Serpent
|
|
All venomous species of the suborder Serpentes
|
||||
Apodora papuana
|
Papuan python
|
Python de Papouasie
|
||
Boa constrictor constrictor
|
Red-tailed boa
|
Boa à queue rouge
|
||
Boa constrictor mexicana
|
Mexican boa
|
Boa mexicain
|
||
Boa constrictor nebulosa
|
Dominican boa
|
Boa dominicain
|
||
Boa constrictor occidentalis
|
Argentine boa
|
Boa d’Argentine
|
||
Boa constrictor orophias
|
St. Lucia boa
|
Boa orophias ou
|
||
boa de Sainte-Lucie
|
||||
Boa constrictor ortonii
|
Orton’s boa
|
Boa d’Orton
|
||
Eunectes beniensis
|
Bolivian anaconda
or Beni anaconda
|
Anaconda bolivien
|
||
Eunectes murinus
|
Green anaconda
|
Anaconda vert
|
||
Eunectes notaeus
|
Yellow anaconda
|
Anaconda jaune
|
||
Liasis olivaceus
|
Olive python
|
Python olive
|
||
Malayopython reticulatus
|
Reticulated python
|
Python réticulé
|
||
Nyctophilopython oenpelliensis
|
Oenpelli python
|
Python Oenpelli
|
||
Python bivitattus
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Burmese python
|
Python birman
|
||
Python molurus
|
Indian python
|
Python molure ou
python indien
|
||
Python sebae
|
African rock python
|
Python de Seba
|
||
Simalia amethistina
|
Amethystine python
or Australian scrub python
|
Python améthyste ou python des broussailles
|
||
6
|
Ursidae
|
Bear
|
Ours
|
|
All species of the family Ursidae except Ailuropoda melanoleuca (Giant panda)
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Column 1
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Column 2
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Column 3
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Column 4
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Item
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Taxon
|
Species
|
English Common Name
|
French Common Name
|
1
|
Atelidae
|
All species of the family Atelidae
|
Howler monkey
|
Singe hurleur
|
Spider monkey
|
Singe-araignée
|
|||
Woolly monkey
|
Singe laineux
|
|||
Woolly spider monkey
|
Singe-araignée laineux
|
|||
2
|
Canidae
|
Canines
|
Canins
|
|
Canis aureus
|
Golden jackal
|
Chacal commun
|
||
Canis latrans
|
Coyote
|
Coyote
|
||
Canis lupus
|
Wolf
|
Loup
|
||
Canis rufus
|
Red wolf
|
Loup rouge
ou loup roux
|
||
Chrysocyon brachyurus
|
Maned wolf
|
Loup à crinière
|
||
Cuon alpinus
|
Dhole
or Asiatic wild dog
|
Dhole
ou chien sauvage d’Asie
|
||
Lupulella adustus
|
Side-striped jackal
|
Chacal à flancs rayés
|
||
Lupulella mesomelas
|
Black-backed jackal
|
Chacal à chabraque
|
||
Lycaon pictus
|
African hunting dog, African painted dog or African wild dog
|
Chien sauvage d’Afrique, chien peint, loup peint ou lycaon
|
||
Nyctereutes procyonoides
|
Common raccoon dog
|
Chien viverrin ou chien martre
|
||
Nyctereutes viverrinus
|
Japanese raccoon dog
|
Tanuki
|
||
3
|
Cercopithecidae
|
Old World monkey
|
Singe de l’Ancien Monde
|
|
Mandrillus leucophaeus
|
Drill
|
Drill
|
||
Mandrillus sphinx
|
Mandrill
|
Mandrill
|
||
Papio anubis
|
Olive baboon
or Anubis baboon
|
Babouin olive, babouin doguéra ou babouin du Kenya
|
||
Papio cynocephalus
|
Yellow baboon
|
Babouin jaune
ou babouin cynocéphale
|
||
Papio hamadryas
|
Hamadryas baboon
|
Babouin hamadryas
ou hamadryas
|
||
Papio kindae
|
Kinda baboon
|
Babouin Kinda
|
||
Papio papio
|
Guinea baboon
|
Babouin de Guinée
|
||
Papio ursinus
|
Chacma baboon
|
Babouin chacma
ou chacma
|
||
Theropithecus gelada
|
Gelada baboon
|
Gélada
ou singe-lion
|
||
4
|
Galagidae
|
All species of the family Galagidae
|
Galagos
or Bush baby
|
Galago
|
5
|
Hylobatidae
|
All species of the family Hylobatidae
|
Gibbon
|
Gibbon
|
Siamang
|
Siamang
|
|||
6
|
Lorisidae
|
All species of the family Lorisidae
|
Loris
|
Loris
|
Potto
|
Potto
|
|||
7
|
Odobenidae
|
All species of the family Odobenidae
|
Walrus
|
Morse
|
8
|
Otariidae
|
All species of the family Otariidae
|
Fur seal
|
Otarie à fourrure
|
Sea lion
|
Lion de mer
|
|||
9
|
Phocidae
|
All species of the family Phocidae
|
Seal
|
Phoque
|
10
|
Pitheciidae
|
All species of the family Pitheciidae
|
Saki
|
Saki
|
Titi
|
Titi
|
|||
Uakari
|
Ouakari
|
Column 1
|
Column 2
|
Column 3
|
Column 4
|
|
Item
|
Taxon
|
Species
|
English Common Name
|
French Common Name
|
1
|
Crocodilia
|
All species of the order Crocodilia
|
Alligator
|
Alligator
|
Caiman
|
Caïman
|
|||
Crocodile
|
Crocodile
|
|||
Gharial
|
Gavial
|
|||
2
|
Felidae
|
Cats
|
Chats
|
|
Acinonyx jubatus
|
Cheetah
|
Guépard
|
||
Herpailurus yagouaroundi
|
Jaguarundi
|
Jaguarondi
|
||
Leopardus pardalis
|
Ocelot
|
Ocelot
|
||
Leopardus wiedii
|
Margay
|
Margay
|
||
Lynx canadensis
|
Canada lynx
|
Lynx du Canada
|
||
Lynx lynx
|
Eurasian lynx
|
Lynx boréal
|
||
Lynx pardinus
|
Iberian lynx
|
Lynx d’Espagne
|
||
Lynx rufus
|
Bobcat
|
Lynx roux
|
||
Neofelis diardi
|
Sunda clouded leopard
|
Panthère nébuleuse de Bornéo ou
|
||
léopard tacheté de Bornéo
|
||||
Neofelis nebulosa
|
Clouded leopard
|
Panthère longibande
|
||
Panthera leo
|
Lion
|
Lion
|
||
Panthera onca
|
Jaguar
|
Jaguar
|
||
Panthera pardus
|
Leopard
|
Léopard
|
||
Panthera tigris
|
Tiger
|
Tigre
|
||
Panthera uncia
|
Snow leopard
|
Léopard des neiges
|
||
Puma concolor
|
Cougar
|
Couguar ou puma
|
||
3
|
Heloderma
|
All species of the genus Heloderma
|
Beaded lizard
|
Lézard perlé
|
Gila monster
|
Monstre de Gila
|
|||
4
|
Hyaenidae
|
All species of the family Hyaenidae
|
Aardwolf
|
Protèle
|
Hyena
|
Hyène
|
|||
5
|
Serpentes
|
Snake
|
Serpent
|
|
All venomous species of the suborder Serpentes
|
||||
Apodora papuana
|
Papuan python
|
Python de Papouasie
|
||
Boa constrictor constrictor
|
Red-tailed boa
|
Boa à queue rouge
|
||
Boa constrictor mexicana
|
Mexican boa
|
Boa mexicain
|
||
Boa constrictor nebulosa
|
Dominican boa
|
Boa dominicain
|
||
Boa constrictor occidentalis
|
Argentine boa
|
Boa d’Argentine
|
||
Boa constrictor orophias
|
St. Lucia boa
|
Boa orophias ou
|
||
boa de Sainte-Lucie
|
||||
Boa constrictor ortonii
|
Orton’s boa
|
Boa d’Orton
|
||
Eunectes beniensis
|
Bolivian anaconda
or Beni anaconda
|
Anaconda bolivien
|
||
Eunectes murinus
|
Green anaconda
|
Anaconda vert
|
||
Eunectes notaeus
|
Yellow anaconda
|
Anaconda jaune
|
||
Liasis olivaceus
|
Olive python
|
Python olive
|
||
Malayopython reticulatus
|
Reticulated python
|
Python réticulé
|
||
Nyctophilopython oenpelliensis
|
Oenpelli python
|
Python Oenpelli
|
||
Python bivitattus
|
Burmese python
|
Python birman
|
||
Python molurus
|
Indian python
|
Python molure ou
python indien
|
||
Python sebae
|
African rock python
|
Python de Seba
|
||
Simalia amethistina
|
Amethystine python
or Australian scrub python
|
Python améthyste or python des broussailles
|
||
6
|
Ursidae
|
Bear
|
Ours
|
|
All species of the family Ursidae except Ailuropoda melanoleuca (Giant panda)
|
Column 1
|
Column 2
|
Column 3
|
Column 4
|
|
Item
|
Taxon
|
Species
|
English Common Name
|
French Common Name
|
1
|
Atelidae
|
All species of the family Atelidae
|
Howler monkey
|
Singe hurleur
|
Spider monkey
|
Singe-araignée
|
|||
Woolly monkey
|
Singe laineux
|
|||
Woolly spider monkey
|
Singe-araignée laineux
|
|||
2
|
Canidae
|
Canines
|
Canins
|
|
Canis aureus
|
Golden jackal
|
Chacal commun
|
||
Canis latrans
|
Coyote
|
Coyote
|
||
Canis lupus
|
Wolf
|
Loup
|
||
Canis rufus
|
Red wolf
|
Loup rouge
ou loup roux
|
||
Chrysocyon brachyurus
|
Maned wolf
|
Loup à crinière
|
||
Cuon alpinus
|
Dhole
or Asiatic wild dog
|
Dhole
ou chien sauvage d’Asie
|
||
Lupulella adustus
|
Side-striped jackal
|
Chacal à flancs rayés
|
||
Lupulella mesomelas
|
Black-backed jackal
|
Chacal à chabraque
|
||
Lycaon pictus
|
African hunting dog, African painted dog or African wild dog
|
Chien sauvage d’Afrique, chien peint, loup peint ou lycaon
|
||
Nyctereutes procyonoides
|
Common raccoon dog
|
Chien viverrin ou chien martre
|
||
Nyctereutes viverrinus
|
Japanese raccoon dog
|
Tanuki
|
||
3
|
Cercopithecidae
|
Old World monkey
|
Singe de l’Ancien Monde
|
|
Mandrillus leucophaeus
|
Drill
|
Drill
|
||
Mandrillus sphinx
|
Mandrill
|
Mandrill
|
||
Papio anubis
|
Olive baboon
or Anubis baboon
|
Babouin olive, babouin doguéra ou babouin du Kenya
|
||
Papio cynocephalus
|
Yellow baboon
|
Babouin jaune
ou babouin cynocéphale
|
||
Papio hamadryas
|
Hamadryas baboon
|
Babouin hamadryas
ou hamadryas
|
||
Papio kindae
|
Kinda baboon
|
Babouin Kinda
|
||
Papio papio
|
Guinea baboon
|
Babouin de Guinée
|
||
Papio ursinus
|
Chacma baboon
|
Babouin chacma
ou chacma
|
||
Theropithecus gelada
|
Gelada baboon
|
Gélada
ou singe-lion
|
||
4
|
Galagidae
|
All species of the family Galagidae
|
Galagos
or Bush baby
|
Galago
|
5
|
Hylobatidae
|
All species of the family Hylobatidae
|
Gibbon
|
Gibbon
|
Siamang
|
Siamang
|
|||
6
|
Lorisidae
|
All species of the family Lorisidae
|
Loris
|
Loris
|
Potto
|
Potto
|
|||
7
|
Odobenidae
|
All species of the family Odobenidae
|
Walrus
|
Morse
|
8
|
Otariidae
|
All species of the family Otariidae
|
Fur seal
|
Otarie à fourrure
|
Sea lion
|
Lion de mer
|
|||
9
|
Phocidae
|
All species of the family Phocidae
|
Seal
|
Phoque
|
10
|
Pitheciidae
|
All species of the family Pitheciidae
|
Saki
|
Saki
|
Titi
|
Titi
|
|||
Uakari
|
Ouakari
|
|
445.2 (1) In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise.
(2) Subject to subsections (2.1) to (3.1), every person commits an offence who
(a) owns, has the custody of or controls a cetacean that is kept in captivity;
(b) breeds or impregnates a cetacean; or
(c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo.
(2.1) 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.
(2.2) 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.
(3) Paragraph (2)(a) does not apply to a person who
(a) owns, 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;
(b) 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; or
(c) is 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.
(3.1) 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.
(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 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.
447.1 (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),
(2) 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.
(3) 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.
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.
21 (1) The Governor in Council may make regulations for carrying out the purposes of this Act, including regulations
. . .
(b) respecting the exemption of animals and plants, and parts and derivatives of animals and plants, from the operation of any provision of this Act;
(c) amending the definitions animal and plant
. . .
(ii) for the purposes of subsection 6(2),
(iii) for the purposes of subsection 6(3),
(A) in order to protect species that are subject to the legislative authority of Parliament, or
. . .