Appearance before the Standing Senate Committee on Legal and Constitutional Affairs – April 10, 2024

Overview of Bill S-15 Amendments

Bill S-15, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, would prohibit the captivity of elephants and great apes (e.g., chimpanzees, gorillas, orangutans), except in limited circumstances.

Amendments to the Criminal Code

Bill S-15 amends the Criminal Code to introduce new offences that would prohibit:

• possessing captive elephants and great apes;
• breeding or impregnating captive elephants and great apes;
• failing to take reasonable measures to prevent the natural breeding of captive elephants or great apes; and
• several activities associated with using captive elephants and great apes for entertainment in a performance.

Exceptions to the prohibition on possessing an elephant or great ape include:

• animals in captivity on the day Bill S-15 comes into force, or any offspring born after a gestational period that includes the day on which the Bill comes into force,
• veterinary care, or
• captivity pursuant to a provincial licence or a federally issued permit for best interests of the animal’s welfare, or in connection with a scientific research or conservation program.

Exceptions to the prohibitions on breeding or impregnating a captive elephant or great ape include breeding pursuant to a provincial licence or a federally issued permit in connection with a scientific research program or a conservation program.

There are no exceptions to the prohibition on activities associated with using a captive elephant or great ape for entertainment in a performance.

Amendments to the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Bill S-15 also amends Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) to prohibit the importation or exportation of a living elephant or great ape into or from Canada, except in accordance with a federally issued permit. The Minister of the Environment and Climate Change would be able to issue a permit authorizing importation or exportation of these animals in connection with a scientific research or conservation program, or if it is in the best interests of the animal’s welfare. 

Federal permitting authorities relating to the prohibitions in the Criminal Code would also be included in the WAPPRIITA amendments. These would allow the Minister of the Environment and Climate Change to issue permits authorizing an elephant or great ape to be possessed, bred, impregnated, or allowed to breed naturally in connection with a scientific research or conservation program. Federal permits could also be issued authorizing an elephant or great ape to be kept in captivity if it is in the best interests of the animal’s welfare.

Finally, Bill S-15 would introduce certain notification requirements related to elephants and great apes kept in captivity. Specifically, any person possessing an elephant or great ape on the day on which the Bill comes into force would be required to notify the Minister within six months, or two years for any offspring born following a gestational period that includes the day the Bill comes into force. Further, any person possessing an elephant or a great ape in accordance with a provincial licence would be required to notify the Minister within 60 days of the licence’s issuance.

Clause by clause of Bill S-15

Clause by clause

Preamble

The preamble provides context for the proposed amendments. This includes the evolution of public opinion on the captivity of certain animal species. It recognizes that certain animals should not, except in certain circumstances, be kept in captivity, because of the cruelty it represents.

Amendments to the Criminal Code

Clause 1

Clause 1 adds section 445.3 to the Criminal Code, which includes provisions regarding the captivity and breeding of elephants and great apes. This section contains 10 subsections:

Subsection 445.3(1) establishes new offences respecting the captivity of elephants and great apes:

• Paragraph (a) prohibits possessing, breeding, or impregnating an elephant or great ape that is kept in captivity, as well as failing to take reasonable measures to prevent the natural breeding of an elephant or great ape that is kept in captivity.
• Paragraph (b) prohibits a variety of activities associated with the use of captive elephants and great apes for entertainment in a performance.

Subsection 445.3(2) provides that anyone who possesses an elephant or great ape in captivity is under a legal duty to take reasonable measures to prevent the animal from breeding naturally. It is an offence under subparagraph 445.3(1)(a)(iii) to fail to perform this duty, subject to the exceptions outlined in subsections (3) to (8) of section 445.3.

Subsection 445.3(3) establishes an exception to the prohibition in subparagraph 445.3(1)(a)(i) against possessing an elephant or great ape that is kept in captivity. A person who possesses an elephant or great ape in captivity on the day the Bill comes into force is not subject to the prohibition. The exception, which is specific to each individual elephant or great ape, applies until the person relinquishes possession of the animal.

Subsection 445.3(4) establishes an exception to the prohibition in subparagraph 445.3(1)(a)(i) against possessing an elephant or great ape that is kept in captivity. A person who possesses a baby elephant or great ape in captivity if the gestational period for that baby elephant or great ape includes the day section 445.3 comes into force is not subject to this prohibition. The exception applies until the person relinquishes possession of the animal.

Subsection 445.3(5) establishes exceptions to the prohibition in subparagraph 445.3(1)(a)(i) against possessing an elephant or great ape that is kept in captivity for a person who possesses an elephant or great ape in captivity:

• in the best interests of the animal’s welfare under a permit issued by the Minister of the Environment;
• in connection with a scientific research program under a permit issued by the Minister of the Environment;
• in connection with a conservation program under a permit issued by the Minister of the Environment;
• in the best interests of the animal’s welfare under a licence issued by a provincial authority; or
• for the purpose of providing it with veterinary care.

Subsection 445.3(6) establishes exceptions to the prohibition in subparagraph 445.3(1)(a)(ii) against breeding or impregnating an elephant or great ape that is kept in captivity for a person who breeds or impregnates an elephant or great ape in captivity:

• in connection with a scientific research program under a permit issued by the Minister of the Environment; or
• in connection with a conservation program under a permit issued by the Minister of the Environment.

Subsection 445.3(7) establishes an exception to the prohibition in subparagraph 445.3(1)(a)(iii) against failing to take reasonable measures to prevent natural breeding for a person who permits natural breeding of an elephant or great ape in captivity:

• in connection with a scientific research program under a permit issued by the Minister of the Environment; or
• in connection with a conservation program under a permit issued by the Minister of the Environment.

Subsection 445.3(8) establishes an exception to the prohibitions in paragraph 445.3(1)(a) against possessing, breeding, impregnating, and failing to take reasonable measures to prevent natural breeding of an elephant or great ape that is kept in captivity for a person who is participating in a scientific research or conservation program under a licence issued by a provincial authority.

Subsection 445.3(9) specifies that the offences under section 445.3(1) are punishable by summary conviction and liable to a fine of up to $200,000. This includes the offences against possessing, breeding, impregnating, and failing to take reasonable measures to prevent the natural breeding of an elephant or great ape that is kept in captivity, in addition to the offence criminalizing activities related to using a captive elephant or great ape for entertainment in a performance.   

Subsection 445.3(10) defines the terms elephant and great ape for the purposes of section 445.3 of the Criminal Code:

• Elephant is defined as any species of the family
• Great ape is defined as any species of the family Hominidae, excluding the genus Homo (humans).

Amendments to the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act

Clause 2

Clause 2 amends section 2 of Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) to define elephant and great ape. These terms have the same meaning as in subsection 445.3(10) of the Criminal Code.

Clause 3(1)

Clause 3(1) amends subsection 6(2) of the French version of WAPPRIITA to address a technical discrepancy between the French and English versions regarding the terms licence and permit. The French version of subsection 6(2) currently provides:

Sous réserve des règlements, il est interdit d’importer au Canada ou d’exporter hors du Canada, sans licence ou contrairement à celle-ci, tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient.

The English version of subsection 6(2) currently provides:

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.

This clause replaces the language used in the French version with language that aligns more closely with that used in the English version.

Clause 3(2)

Clause 3(2) amends section 6 of WAPPRIITA to add subsection 6(2.1), which prohibits the import or export of a living elephant or great ape without a permit issued under subsection 10(1.1).

Clause 3(3)

Clause 3(3) amends subsection 6(3) of the French version of WAPPRIITA to address a technical discrepancy between the French and English versions regarding the terms licence and permit. The French version of subsection 6(3) currently provides:

Sous réserve des règlements, il est interdit d’acheminer d’une province à l’autre, sans licence ou contrairement à celle-ci, tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient.

The English version of subsection 6(3) currently provides:

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.

This clause replaces the language used in the French version with language that aligns more closely with that used in the English version.

Clause 4

Clause 4 amends the heading before section 10 of the French version of WAPPRIITA to address a discrepancy between the French and English versions regarding the terms licence and permit.

The French version of the heading currently reads “Licence fédérale”, while the English version is “Federal Permits.”

This clause replaces the language used in the French heading with language that aligns more closely with that used in the English version.

Clause 5(1)

Clause 5(1) amends subsection 10(1) of WAPPRIITA and adds subsections 10(1.1) and (1.2) regarding the Minister of the Environment’s authority to issue permits:

Subsection 10(1) currently allows the Minister to issue a permit authorizing the importation, exportation or interprovincial transportation of an animal or plant, or any part or derivative of one. The amendment makes this authority subject to subsection 10(1.1).

Subsection 10(1.1) allows the Minister to issue a permit authorizing the importation or exportation of a living elephant or great ape if in connection with a scientific research or conservation program, or if captivity is in the best interests of the animal’s welfare. The Minister may impose terms and conditions on the permit.

Subsection 10(1.2) allows the Minister to issue a permit authorizing a person to:

• possess an elephant or great ape in captivity in the best interests of the animal’s welfare; or
• possess, breed, impregnate or permit a captive elephant or great ape to breed naturally in connection with a scientific research program or a conservation program.

These permits are the ones described in the exceptions in paragraphs 445.3(5)(a), (b) and (c) and paragraphs 445.3(6)(a) and (b) of the Criminal Code. The Minister may impose terms and conditions on the permit.

Clause 5(2)

Clause 5(2) amends subsection 10(3) of the French version of WAPPRIITA to address a technical discrepancy between the French and English versions regarding the terms licence and permit. The French version of subsection 10(3) currently provides:

Après avoir donné à l’intéressé la possibilité de faire valoir ses observations, le ministre peut annuler ou suspendre la licence en cas de contravention à l’une ou l’autre des conditions dont elle est assortie.

The English version of subsection 10(3) currently provides:

The Minister may, after giving a person who holds a permit an opportunity to make representations, revoke or suspend the permit for contravention of any term or condition of the permit.

This clause replaces the language used in the French version with language that aligns more closely with that used in the English version.

Clause 5(3)

Clause 5(3) amends subsection 10(4) of WAPPRIITA and adds subsection 10(5) regarding the Minister of the Environment’s delegation authorities:

Subsection 10(4) allows the Minister to delegate any power granted to the Minister under section 10 relating to permits to any minister of the Crown in right of Canada or of a province, or to a government employee.

The amendment restricts this authority to powers conferred on the Minister under the existing permitting provisions under subsections 10(1) or, as the power relates to permits issued under subsection 10(1), any power conferred under subsections 10(2) and (3). Provisions related to the delegation of authority for powers conferred under subsections 10(1.1) and 10(1.2) are addressed under subsection 10(5).

Subsection 10(5) allows the Minister to delegate any power conferred on the Minister under subsection 10(1.1) or (1.2) or, as the power relates to permits issued under those subsections, any power conferred under subsections 10(2) and (3).

For permits related to the exceptions for elephants and great apes, the Minister may only delegate to a minister of the Crown in right of Canada or to a federal government employee. The Minister may impose terms and conditions on the delegated authority.

Clause 6

Clause 6 adds sections 11.1, 11.2, and 11.3 to WAPPRIITA regarding notification requirements for persons possessing an elephant or great ape in captivity:

Section 11.1 requires anyone with existing possession of an elephant or great ape in captivity to notify the Minister of the Environment of the possession and provide any information regarding the animal that the Minister may require. The person must notify the Minister and provide such information within six months of the day on which section 445.3 of the Criminal Code comes into force.

Section 11.2 requires anyone with existing possession of a gestating elephant or great ape in captivity to notify the Minister of the Environment of the offspring’s birth and provide any information regarding the offspring that the Minister may require. The person must notify the Minister and provide such information within two years of the day on which section 445.3 of the Criminal Code comes into force.

Section 11.3 requires anyone who possesses an elephant or great ape in captivity under a provincial licence to notify the Minister of the Environment of the possession and provide any information regarding the animal that the Minister may require. The person must notify the Minister and provide such information within 60 days of the licence being issued.

Clause 7

Clause 7 amends paragraph 21(1)(a) of the French version of WAPPRIITA to address a technical discrepancy between the French and English versions regarding the terms licences and permits. The French version of paragraph 21(1)(a) currently provides:

• a) régir la délivrance, le renouvellement, l’annulation ou la suspension des licences, et prévoir les cas de dispense;

The English version of paragraph 21(1)(a) currently provides:

• (a) respecting the issuance, renewal, revocation and suspension of permits and the circumstances in which persons may be exempted from holding such permits;

This clause replaces the language used in the French version with language that aligns more closely with that used in the English version.

Clause 8

Clause 8 amends paragraph 22(1)(a) of WAPPRIITA regarding offences and punishments. Subsection 22(1) sets out offences that are subject to more severe penalties, while subsection 22.01(1) sets out offences that are subject to less severe penalties. The amendment excludes the notification requirements in sections 11.1 to 11.3 from the operation of subsection 22(1), while the amendment in clause 9 would add them to subsection 22.01(1).

Clause 9

Clause 9 amends subsection 22.01(1) of WAPPRIITA, which sets out offences that are subject to less severe penalties. The amendment adds references to sections 11.1 to 11.3 such that it would be an offence under subsection 22.01(1) to fail to notify the Minister of the Environment or provide information as required under those sections. The amendment also makes it an offence under this subsection to contravene a term or condition of a permit issued under subsection 10(1) regarding the importation, exportation, or interprovincial transportation of animals or plants, or subsections (1.1) or (1.2) regarding the importation, exportation, or possession of an elephant or great ape.

Coordinating amendments

Clause 10(1)

Clause 10(1) provides that the following coordinating amendments only apply if Bill S-6, An Act respecting regulatory modernization, receives royal assent.

Clause 10(2)

Clause 10(2) ensures that clauses 3(1) and (3) of this bill are repealed if Bill S-6 comes into force first. Clause 80(2) of Bill S-6 and clauses 3(1) and (3) of this bill propose the same amendments to the French versions of sections 6(2) and (3) of WAPPRIITA.

Clause 10(3)

Clause 10(3) ensures that clause 80(2) of Bill S-6 is repealed if this bill comes into force first. Clause 80(2) of Bill S-6 and clauses 3(1) and (3) of this bill propose the same amendments to the French versions of sections 6(2) and (3) of WAPPRIITA.

Clause 10(4)

Clause 10(4) ensures that clauses 3(1) and (3) of this bill are repealed if this bill and Bill S-6 come into force on the same day. Clause 80(2) of Bill S-6 and clauses 3(1) and (3) of this bill propose the same amendments to the French versions of sections 6(2) and (3) of WAPPRIITA.

Clause 10(5)

Clause 10(5) ensures that clause 4 of this bill is repealed if Bill S-6 comes into force first. Clause 82 of Bill S-6 and clause 4 of this bill propose the same amendment to the heading before section 10 of the French version of WAPPRIITA.

Clause 10(6)

Clause 10(6) ensures that clause 82 of Bill S-6 is repealed if this bill comes into force first. Clause 82 of Bill S-6 and clause 4 of this bill propose the same amendment to the heading before section 10 of the French version of WAPPRIITA.

Clause 10(7)

Clause 10(7) ensures that clause 4 of this bill is repealed if this bill and Bill S-6 come into force on the same day. Clause 82 of Bill S-6 and clause 4 of this bill propose the same amendment to the heading before section 10 of the French version of WAPPRIITA.

Clause 10(8)

Clause 10(8) ensures that clause 83(1) of Bill S-6 is repealed if this bill comes into force before Bill S-6. Clause 83(1) of Bill S-6 and clause 5(1) of this bill propose to amend subsection 10(1) of the French version of WAPPRIITA to address a technical discrepancy between the English and French versions of the Act regarding the terms licence and permit.

Clause 10(9)

Clause 10(9) ensures that clause 83(1) of Bill S-6 is repealed if this bill and Bill S-6 come into force on the same day. Clause 83(1) of Bill S-6 and clause 5(1) of this bill propose to amend subsection 10(1) of the French version of WAPPRIITA to address a technical discrepancy between the English and French versions of the Act regarding the terms licence and permit.

Clause 10(10)

Clause 10(10) ensures that clause 5(2) of this bill is repealed if Bill S-6 comes into force before this bill. Clause 83(2) of Bill S-6 and clause 5(2) of this bill propose to amend subsection 10(3) of the French version of WAPPRIITA to address a technical discrepancy between the English and French versions of the Act regarding the terms licence and permit.

Clause 10(11)

Clause 10(11) ensures that clause 83(2) of Bill S-6 is repealed if this bill comes into force before Bill S-6. Clause 83(2) of Bill S-6 and clause 5(2) of this bill propose to amend subsection 10(3) of the French version of WAPPRIITA to address a technical discrepancy between the English and French versions of the Act regarding the terms licence and permit.

Clause 10(12)

Clause 10(12) ensures that clause 5(2) of this bill is repealed if this bill and Bill S-6 come into force on the same day. Clause 83(2) of Bill S-6 and clause 5(2) of this bill propose to amend subsection 10(3) of the French version of WAPPRIITA to address a technical discrepancy between the English and French versions of the Act regarding the terms licence and permit.

Clause 10(13)

Clause 10(13) ensures that clause 7 of this bill is repealed if Bill S-6 comes into force first. Clause 84(1) of Bill S-6 and clause 7 of this bill propose the same amendment to the French version of paragraph 21(1)(a) of WAPPRIITA.

Clause 10(14)

Clause 10(14) ensures that clause 84(1) of Bill S-6 is repealed if this bill comes into force first. Clause 84(1) of Bill S-6 and clause 7 of this bill propose the same amendment to the French version of paragraph 21(1)(a) of WAPPRIITA.

Clause 10(15)

Clause 10(15) ensures that clause 7 of this bill is repealed if this bill and Bill S-6 come into force on the same day. Clause 84(1) of Bill S-6 and clause 7 of this bill propose the same amendment to the French version of paragraph 21(1)(a) of WAPPRIITA.

Key messages

• Canadians care about wild animals and the Government of Canada is committed to enhancing protection for wild animals in captivity.
• The Government of Canada has introduced legislation that would prohibit the new captivity of elephants and great apes such as chimpanzees, gorillas, and orangutans in Canada for private, entertainment or public display purposes.
• Protecting animals is a shared responsibility. The Government of Canada will engage with provinces, territories, Indigenous peoples, and stakeholders to address issues related to wild animals in captivity across the country.

Supplemental messages

• Bill S-15 builds on the approach already taken by Parliament in 2019 to protect cetaceans in captivity.

• The national engagement will ensure that broader issues related to the wellbeing of wild animals in captivity are addressed by building on existing federal and provincial roles.

• The Bill would amend two existing federal statutes: the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA).

• Although the captivity of elephants and great apes can be justified in certain circumstances, scientific data shows that these animals ought not to be kept in captivity because of the cruelty it represents.
• The existing captivity of elephants and great apes in Canada will be allowed to continue, but new unauthorized captivity, breeding, import, or export will stop.

Questions and answers

Q1 What is the intent of Bill S-15?

A1 Bill S-15 would prohibit, with limited exceptions, the captivity of elephants and great apes such as chimpanzees, gorillas, and orangutans in Canada, and prohibit their use for entertainment purposes.

The bill does this by amending two existing federal statutes: the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (or WAPPRIITA).

Q2 Why does Bill S-15 only include elephants and great apes?

A2 Although the captivity of elephants and great apes can be justified in certain limited circumstances, including in the best interests of their welfare or for conservation, a combination of factors supported by scientific data shows that these animals ought not to be kept in captivity because of the cruelty it represents. For example, elephants and great apes are long-lived, highly cognitive and intrinsically social species which demonstrate a variety of negative welfare indicators when kept in captivity, including severe psychological distress and physical health issues.

Beyond cetaceans, elephants and great apes, there is currently a lack of scientific evidence supporting the conclusion that the keeping in captivity of other groups of wild animal species meets the high bar of cruelty. 

Q3 Specifically, what would the amendments in Bill S-15 do?

A3 The proposed amendments to the Criminal Code would prohibit the keeping and breeding of elephants and great apes. These prohibitions would not apply under limited circumstances. This includes the keeping of elephants or great apes in captivity that is provincially or federally authorized for one of the following justifiable purposes:

• the captivity is in the individual animal’s best interest, or
• the captivity is in connection with a scientific research or conservation program.

Activities associated with using these animals for entertainment in a performance would be prohibited without exception.

The proposed amendments to WAPPRIITA would complement the Criminal Code amendments by prohibiting the import and export of elephants and great apes, and would establish federal permitting authorities to allow captivity, import or export under limited circumstances.

Q4 If a zoo already has an elephant or great ape, will they be allowed to keep it under Bill S-15?

A4 Establishments keeping elephants or great apes in captivity on the day that Bill S-15 would come into force would be exempt from the prohibition against possessing those animals.

However, it would not be possible for existing owners, or anyone in Canada, to acquire a new elephant or great ape, or breed those currently in captivity, without a permit. Permits will only be issued if the new captivity is in connection with a scientific research or conservation program or it is the best interest of the individual animal’s welfare.

Q5 Why are establishments that meet standards of care being targeted by Bill S-15 rather than roadside zoo owners? What is the government doing to address roadside zoos?

A5 Canadian provinces and territories have the primary responsibility for regulating zoos and protecting animal welfare and they all regulate the welfare and captivity of animals to varying degrees. While provinces and territories would be best placed to answer questions about their rules, we do know that there are differences in the types of animals regulated, levels of protection, stringency of standards, and enforcement capacities.

That is why, in addition to this bill, the federal government is proposing to convene partners, including provinces and territories, and stakeholders to discuss a range of issues related to animals in captivity in Canada. The purpose of this national engagement will be to identify gaps in animal welfare protection and encourage improvements in the standards for wild animal captivity across the country.

As a general point, the Criminal Code already prohibits causing unnecessary pain, suffering, or injury to animals. This offence applies to animals kept in zoos, as it does to all animals.

Q6 What about dangerous animals like large snakes? Should they be added to Bill S-15?

A6 Bill S-15’s purpose is to phase out the captivity of certain animals on the basis that it is cruel and morally wrong to keep them in captivity, except in specific circumstances where that captivity can be justified by a compelling purpose. The bill’s intent is not to address public safety issues related to animals in captivity.

Many provinces and territories already regulate or prohibit the keeping of dangerous animals and have laws governing animal welfare. The federal government will raise the issue of public safety with respect to animals in captivity during national engagement discussions with provinces and territories.

Q7 What has the federal government been doing to protect animals in captivity?

A7 Since 2015, the Government has taken action to strengthen the protection of animals across Canada. For example, federal initiatives have taken major steps towards reducing reliance on animal testing for toxic substances, banned the use of animals in testing cosmetics, enhanced criminal law response to animal fighting and to bestiality, and taken steps to end the captivity of cetaceans.

Recently, the Government of Canada introduced regulatory measures that significantly restrict the import and export of raw elephant ivory and raw rhinoceros horn except in very limited circumstances, demonstrating Canada’s commitment to protecting animals, and protecting, conserving, and enhancing global biodiversity.

Q8 What will the national engagement on issues related to animals in captivity entail?

A8 National engagement will start with consultations with provinces and territories. It could also include meetings with interested Indigenous partners and stakeholders, such as zoos, experts, academics, and animal welfare organizations.

The scope and specific issues of the national engagement will be determined following initial discussions. The engagement will aim to encourage improvements in the standards for wild animals in captivity in Canada.

Q9 Who has been consulted in the development of Bill S-15? Have you met with Indigenous groups and what did they have to say?

A9 Federal government officials engaged with most provinces and territories, experts, industry associations, zoos, and animal welfare non-governmental organizations in the development of Bill S-15.

The federal government has not met with Indigenous partners on this issue but will be looking at opportunities to do so as part of the planned national engagement.

In addition to the bill, the federal government is committed to continue engaging partners and stakeholders to discuss a range of issues related to animals in captivity in Canada.

Q10 Why is Bill S-15 different than the recently defeated Bill S-241?

A10 Protecting the welfare of wild animals in captivity is a complex subject matter of shared jurisdiction among the federal, provincial and territorial governments. Provinces and territories have primary responsibility for regulating animals in captivity. The federal role encompasses such matters as activities at the border and offences under the Criminal Code.

We believe the approach taken in Bill S-15 is an appropriate one that recognizes the shared responsibility all governments have in this area. For example, Bill S-241 included a permitting regime that would have effectively required the Minister of ECCC to assess, approve and oversee most zoos and aquariums in Canada, which are currently regulated by the provinces.

The national engagement will convene partners and stakeholders to identify gaps in animal welfare protection and encourage improvements in the standards for wild animal captivity across the country.

Q11 Bill S-15 does not prohibit the possession of elephants’ or great apes’ reproductive material. Isn’t such a prohibition necessary to deter artificial insemination?

A11 Limiting access to reproductive materials would not further the goal of phasing out the captivity of elephants and great apes because Bill S-15 already prohibits breeding and impregnating elephants and great apes, which includes breeding via artificial insemination.

Q12 Why does the Bill not prohibit elephant rides? Is this something that should be added?

A12 The existing language in Bill S-15 would already prohibit a variety of activities in situations where “elephants or great apes that are kept in captivity are used, in Canada, for entertainment in a performance”. This language would capture situations where, for example, a facility is offering or selling elephant rides to members of the public.

Q13 What about educational demonstrations or public observations? Would the Bill prohibit those?

A13 Bill S-15’s entertainment prohibition only intends to prohibit activities in which an elephant or great ape is used for entertainment in a performance.

It is not intended to ban educational demonstrations, such as supervised observation of the animals’ natural behaviors or practices required for their care.

Recent initiatives strengthening animal protection in Canada

Backgrounder

The Government of Canada is committed to protecting animals. The Criminal Code of Canada prohibits animal cruelty, and since 2015 many initiatives have been put in place to further strengthen the protection of animals in the country.

The End of Cosmetic Animal Testing in Canada (Bill C-47)

The Government of Canada has banned cosmetic animal testing in Canada, representing a major step forward in supporting animal welfare by reducing our reliance on animal testing, while ensuring the continued protection of human health and safety of all Canadians.

Ending the Captivity of Whales and Dolphins (Bills S-203 / C-68)

The Criminal Code and the Fisheries Act ban the capture and keeping in captivity of whales and dolphins, with limited exceptions. For example, it is now an offence to own or breed cetaceans in captivity or to take a cetacean into captivity unless authorized in limited circumstances (e.g., animal in distress or scientific research permit).

Bestiality and Animal Fighting (Bill C-84)

The Government of Canada has updated the Criminal Code to strengthen protections for children, other vulnerable individuals, and animals by broadening the scope of the bestiality and animal fighting offenses.

Strengthening Environmental Protection for a Healthier Canada Act (Bill S‑5)

This Bill modernizes the Canadian Environmental Protection Act, 1999 (CEPA). Amendments to CEPA require the Government to support the development and use of scientifically justified alternative methods and strategies to replace, reduce, or refine the use of vertebrate animals in toxicity testing.

Ban the Live Export of Horses for Slaughter (Bill C-355)

This enactment would prohibit the export by air from Canada of live horses for the purpose of being slaughtered or fattened for slaughter.

Hazing of Migratory Birds

“Hazing" is the act of deterring migratory birds away from a location for conservation and welfare purposes. The activities that constitute hazing including harassing, chasing, pursuing, worrying, following after or on the trail of, and lying in wait for, are prohibited under the Migratory Birds Regulations, 2022. Environment and Climate Change Canada issued a temporary variance notice for the hazing of migratory birds in October 2023 which exempts certain individuals from those prohibitions when they are hazing in environmental emergencies (for example, during an oil spill) and preventing migratory birds from contacting hazards, thereby helping to protect and conserve migratory birds.

Examples of other long-term initiatives ensuring animals’ protection in the country

Agreement on International Humane Trapping Standards (AIHTS)

This treaty signed by Canada, the European Union, and Russia encourages the sustainable use of wildlife by hunters and trappers, an integral part of the Canadian fur trade, and the conservation of species by supporting the humane and safe live capture of wild mammals.

The commitments and partnerships made under the AIHTS have contributed to a number of benefits for animal well-being through the development of humane trapping standards and related research methodologies.

International Air Transport Association (IATA) Live Animals Regulations

In accordance with the Convention on International Trade in Endangered Species (CITES), Canada requires, via the Wild Animal and Plant Trade Regulations, that every person who exports from Canada a live animal shall, where it is shipped by air, prepare it for shipment and ship it in accordance with the IATA Live Animals Regulations. The Regulations are the global standard and essential guide to transporting live animals by air in a safe, humane, and cost-effective manner.