This enactment amends the Criminal Code to create offences related to keeping elephants and great apes in captivity, subject to certain exceptions. It also amends the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to, among other things, specify the circumstances in which the importation or exportation of living elephants and great apes may be permitted as well as the circumstances in which the keeping of these animals in captivity may be authorized.

Preamble

Whereas Parliament is of the view that certain animals, particularly elephants and great apes, should not be kept in captivity because of the risk of animal cruelty that such captivity presents;

And whereas Parliament recognizes that keeping elephants and great apes in captivity may be justified in certain circumstances, including when it is in the best interests of their welfare or for the purpose of a scientific research or conservation program;

Now therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Offence

445.‍3 (1) Every person commits an offence who

• (a) subject to subsections (3) to (8)

  • (i) possesses an elephant or great ape that is kept in captivity,

  • (ii) breeds or impregnates an elephant or great ape that is kept in captivity, or

  • (iii) fails to perform the duty imposed by subsection (2); or

• (b) 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 elephants or great apes that are kept in captivity are used, in Canada, for entertainment in a performance or for conveyance.

Duty to prevent natural breeding

(2) Every person who possesses an elephant or great ape that is kept in captivity is under a legal duty to take reasonable measures to prevent the natural breeding of the elephant or great ape.

Exception — possession on day this section in force

(3) If, on the day on which this section comes into force, a person possesses an elephant or great ape that is kept in captivity, subparagraph (1)‍(a)‍(i) does not apply to them in respect of that elephant or great ape during the period that begins on that day and ends on the day on which they relinquish possession of it.

Exception — possession on day of birth

(4) If an elephant or great ape that is kept in captivity was born after a gestational period that includes the day on which this section comes into force, subparagraph (1)‍(a)‍(i) does not apply, in respect of that elephant or great ape, to a person who possesses it on the day of its birth, during the period that begins on the day of its birth and ends on the day on which the person relinquishes possession of it.

Exception — other circumstances related to possession

(5) Subparagraph (1)‍(a)‍(i) does not apply to

• (a) a person who, under a permit issued by the Minister of the Environment under paragraph 10(1.‍2)‍(a) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, possesses an elephant or great ape that is kept in captivity in the best interests of the elephant’s or great ape’s welfare;

• (b) a person who, under a permit issued by that Minister under paragraph 10(1.‍2)‍(b) of that Act, possesses an elephant or great ape that is kept in captivity in connection with a scientific research program for conservation purposes;

• (c) a person who, under a permit issued by that Minister under paragraph 10(1.‍2)‍(c) of that Act, possesses an elephant or great ape that is kept in captivity in connection with a conservation program;

• (d) a person who, under a licence issued by a competent authority in a province, possesses an elephant or great ape that is kept in captivity in the best interests of the elephant’s or great ape’s welfare; or

• (e) a person who possesses an elephant or great ape that is kept in captivity for the purpose of providing it with veterinary care.

Exception — breeding or impregnating

(6) Subparagraph (1)‍(a)‍(ii) does not apply to

• (a) a person who, under a permit issued by the Minister of the Environment under paragraph 10(1.‍2)‍(b) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, breeds or impregnates an elephant or great ape that is kept in captivity in connection with a scientific research program for conservation purposes; or

• (b) a person who, under a permit issued by that Minister under paragraph 10(1.‍2)‍(c) of that Act, breeds or impregnates an elephant or great ape that is kept in captivity in connection with a conservation program.

Exception — natural breeding

(7) Subparagraph (1)‍(a)‍(iii) does not apply to

• (a) a person who, under a permit issued by the Minister of the Environment under paragraph 10(1.‍2)‍(b) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, permits natural breeding of an elephant or great ape that is kept in captivity in connection with a scientific research program for conservation purposes; or

• (b) a person who, under a permit issued by that Minister under paragraph 10(1.‍2)‍(c) of that Act, permits natural breeding of an elephant or great ape that is kept in captivity in connection with a conservation program.

Exception — provincial licence

(8) Paragraph (1)‍(a) does not apply to a person who, under a licence issued by a competent authority in a province, is participating in a scientific research program for conservation purposes or in a conservation program.

Punishment

(9) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $200,000.

Definitions

(10) The following definitions apply in this section.

elephant means any species of the family Elephantidae.‍ (éléphant)

great ape means any species of the genus Gorilla, Pan or Pongo, including a gorilla, bonobo, chimpanzee or orangutan. (grand singe)

Court order to protect best interests of animal

445.‍4 (1) The court imposing sentence on a person convicted of an offence under subsection 445.‍2(2) or (4) or 445.‍3(1) or discharging the offender under section 730 may, on application of the prosecutor or on its own motion, in addition to any other measure imposed on the offender, order that the offender carry out any action, at the offender’s cost, that is necessary in the best interests of the animal involved in the offence, 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.

Expert evidence

(2) In determining whether to make an order under subsection (1), the court must ask for and consider expert evidence on the individual animal’s welfare and conservation of its species.

Other animals in offender’s possession, custody or control

(3) On its own motion or on application of the prosecutor, the court may make an order made under subsection (1) applicable to any other animals in the offender’s possession 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.

elephant has, for the purpose of subsections 6(2.‍1) and 10(1.‍1) and (1.‍2) and sections 11.‍1 to 11.‍3, the same meaning as in subsection 445.‍3(10) of the Criminal Code.‍ (éléphant)

great ape has, for the purpose of subsections 6(2.‍1) and 10(1.‍1) and (1.‍2) and sections 11.‍1 to 11.‍3, the same meaning as in subsection 445.‍3(10) of the Criminal Code.‍ (grand singe)

Importation et exportation

(2) Sous réserve des règlements, il est interdit d’importer au Canada ou d’exporter hors du Canada — sauf en vertu d’un permis délivré en vertu du paragraphe 10(1) et conformément aux conditions qui s’y rattachent — tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient.

Importation and exportation — living elephants and great apes

(2.‍1) Despite subsection (2), no person shall, except under and in accordance with a permit issued under subsection 10(1.‍1), import into Canada or export from Canada a living elephant or great ape.

Acheminement interprovincial

(3) Sous réserve des règlements, il est interdit d’acheminer d’une province à l’autre — sauf en vertu d’un permis délivré en vertu du paragraphe 10(1) et conformément aux conditions qui s’y rattachent — tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient.

Permis fédéral

Issuance — importation, exportation, etc.‍, of animals or plants

10 (1) Subject to subsection (1.‍1), the Minister may, on application and on any terms and conditions that 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.

Issuance — importation or exportation of living elephants or great apes

(1.‍1) The Minister may, on application and on any terms and conditions that the Minister thinks fit, issue a permit authorizing the importation or exportation of a living elephant or great ape if the importation or exportation is

• (a) in connection with a scientific research program for conservation purposes or with a conservation program; or

• (b) for the purpose of keeping the elephant or great ape in captivity in the best interests of the elephant’s or great ape’s welfare.

Issuance — possession of living elephants or great apes

(1.‍2) The Minister may, on application and on any terms and conditions that the Minister thinks fit, issue a permit authorizing any person

• (a) to possess an elephant or great ape that is kept in captivity in the best interests of the elephant’s or great ape’s welfare;

• (b) to possess, breed, impregnate or permit natural breeding of an elephant or great ape that is kept in captivity in connection with a scientific research program for conservation purposes; or

• (c) to possess, breed, impregnate or permit natural breeding of an elephant or great ape that is kept in captivity in connection with a conservation program.

Annulation ou suspension

(3) Après avoir donné à l’intéressé la possibilité de faire valoir ses observations, le ministre peut annuler ou suspendre le permis en cas de contravention à toute condition dont il est assorti.

Delegation — permits issued under subsection (1)

(4) The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under subsection (1) or — insofar as the power relates to permits issued under that subsection — subsection (2) or (3). The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

Delegation — permits issued under subsection (1.‍1) or (1.‍2)

(5) The Minister may delegate to any minister of the Crown in right of Canada or to any person who is employed by the Government of Canada any power conferred on the Minister under subsection (1.‍1) or (1.‍2) or — insofar as the power relates to permits issued under either of those subsections — subsection (2) or (3). The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies.

Notification

Elephants and great apes in captivity

11.‍1 A person who, on the day on which section 445.‍3 of the Criminal Code comes into force, possesses an elephant or great ape that is kept in captivity shall, within six months after that day,

• (a) notify the Minister of the fact that they possessed an elephant or great ape, or both, on that day; and

• (b) provide the Minister, in the manner specified by the Minister, with any information that the Minister may require in respect of the elephant or great ape.

Offspring of elephants and great apes

11.‍2 A person who possesses, on the day that it gives birth, an elephant or great ape that is kept in captivity shall, if the birth takes place after a gestational period that includes the day on which section 445.‍3 of the Criminal Code comes into force, within two years after the day on which that section comes into force,

• (a) notify the Minister of the birth of the offspring; and

• (b) provide the Minister, in the manner specified by the Minister, with any information that the Minister may require in respect of that offspring.

Elephants and great apes in captivity under provincial licence

11.‍3 A person who possesses an elephant or great ape that is kept in captivity under a licence referred to in paragraph 445.‍3(5)‍(d) or subsection 445.‍3(8) of the Criminal Code shall, within 60 days after the day on which the licence is issued,

• (a) notify the Minister of the fact that they possess an elephant or great ape, or both; and

• (b) provide the Minister, in the manner specified by the Minister, with any information that the Minister may require in respect of the elephant or great ape.

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

• (a) any provision of this Act, other than any of sections 11.‍1 to 11.‍3;

Offence — persons

22.‍01 (1) Every person commits an offence who contravenes

• (a) any of sections 11.‍1 to 11.‍3;

• (b) any provision of the regulations, other than a provision the contravention of which is an offence under subsection 22(1); or

• (c) a term or condition of a permit issued under subsection 10(1), (1.‍1) or (1.‍2).