Bill 125 2010

An Act to amend the Fish and Wildlife Conservation Act, 1997

Note: This Act amends the Fish and Wildlife Conservation Act, 1997.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Fish and Wildlife Conservation Act, 1997 is amended by adding the following Part:

Part III.1
exotic wildlife in captivity

Interpretation

Exotic wildlife

   47.1  (1)  Exotic wildlife means an animal of a species or type, other than game wildlife or specially protected wildlife, that is not native to Ontario and that in its natural habitat is usually found wild by nature and includes a species prescribed by the regulations.

Captivity

   (2)  Keeping exotic wildlife in captivity includes the keeping of the wildlife as a pet.

Keeping exotic wildlife in captivity

   47.2  (1)  No person shall keep live exotic wildlife in captivity except under the authority of a licence and in accordance with the regulations.

Exception, wildlife in transit

   (2)  Except as prescribed by the regulations, subsection (1) does not apply to exotic wildlife that originated outside Ontario and is in Ontario temporarily in transit or in quarantine.

Other exceptions

   (3)  Subsection (1) does not apply in the circumstances prescribed by the regulations.

Release of exotic wildlife

   47.3  (1)  Except with the authorization of the Minister, no person shall release exotic wildlife that is kept in captivity.

Escape of exotic wildlife

   (2)  A person who keeps exotic wildlife in captivity shall ensure that it does not escape.

Obligations on escape or release

   (3)  If exotic wildlife is released without authorization or escapes, the person who kept it in captivity,

  (a)  shall immediately notify the Minister; and

  (b)  unless otherwise directed by the Minister, shall return the exotic wildlife to captivity as soon as practicable.

Exceptions

   (4)  Subsection (3) does not apply to exotic wildlife that was kept in captivity for the purpose of rehabilitation or care under section 47.6.

Certain provisions do not apply

   (5)  Clauses 11 (1) (a) to (d), section 20 and such other provisions of this Act and the regulations as are prescribed by the regulations do not apply to a person who captures exotic wildlife under subsection (3).

Minister's powers

   (6)  If the Minister is of the opinion that a person has not complied with clause (3) (b), the Minister may capture the wildlife without incurring any liability.

Minister's expenses

   (7)  The person who kept the wildlife in captivity is liable to the Minister for all expenses incurred by the Minister under subsection (6) unless the escape or release was caused by a natural disaster or act of vandalism that was beyond the control of the person.

Hunting exotic wildlife in captivity

   47.4  No person shall hunt or permit the hunting of exotic wildlife that is in captivity at the time it is hunted.

Propagation of exotic wildlife

   47.5  No person shall propagate or offer to propagate exotic wildlife, or possess it for the purpose of propagation, except under the authority of a licence and in accordance with the regulations.

Exotic wildlife custodians

   47.6  (1)  In this section,

"exotic wildlife custodian" means a person who has an authorization under subsection (2).

Rehabilitation or care

   (2)  The Minister may authorize an exotic wildlife custodian to keep injured, sick or immature exotic wildlife in captivity for the purpose of rehabilitating or caring for them.

No remuneration

   (3)  An exotic wildlife custodian is not entitled to any remuneration from the Minister.

Surrender to Minister

   (4)  At the Minister's request, an exotic wildlife custodian shall surrender to the Minister any exotic wildlife in the custodian's possession, whether it is alive or dead, or shall dispose of it in such manner as the Minister directs.

Liability of Crown

   (5)  The Crown in right of Ontario is not liable for any act or omission of an exotic wildlife custodian and no action or other proceeding for damages may be instituted against the Crown in right of Ontario for any loss arising from the act or omission of an exotic wildlife custodian.

Application of standards of care regulation

   47.7  (1)  Nothing in this Part affects the operation of the standards of care that apply to exotic wildlife as set out in Ontario Regulation 60/09 (Standards of Care) made under the Ontario Society for the Prevention of Cruelty to Animals Act.

Same, regulations

   (2)  A regulation made under this Act in respect of exotic wildlife must not limit, remove or otherwise be inconsistent with any requirement set out in Ontario Regulation 60/09 (Standards of Care) made under the Ontario Society for the Prevention of Cruelty to Animals Act.

Application of municipal by-laws

   47.8  A provision of a municipal by-law prevails over a provision of this Part or of a regulation made for the purposes of this Part to the extent that the provision of the by-law prohibits the keeping of exotic wildlife or is otherwise more restrictive than the provision of this Part or of the regulation.

   2.  Section 112 of the Act is amended by adding the following paragraphs:

35.1 prescribing species for the purposes of subsection 47.1 (1);

35.2 governing the keeping of exotic wildlife in captivity;

35.3 prescribing circumstances in which subsection 47.2 (1) applies, despite subsection 47.2 (3), to exotic wildlife that originated outside Ontario and that is in Ontario temporarily in transit or in quarantine;

35.4 prescribing provisions of this Act and the regulations that do not apply to a person acting under subsection 47.3 (3), subject to such conditions as are prescribed by the regulations;

35.5 governing the propagation of exotic wildlife;

35.6 prescribing provisions of this Act and the regulations that do not apply to exotic wildlife;

Commencement

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

Short title

   4.  The short title of this Act is the Exotic Wildlife in Captivity Act, 2010.

 

EXPLANATORY NOTE

The Bill amends the Fish and Wildlife Conservation Act, 1997 by adding a new Part III.1 that provides rules concerning the keeping of exotic wildlife in captivity.  Here are some highlights of the new Part.

People are prohibited from keeping exotic wildlife in captivity unless they hold a licence to do so.  (see section 47.2 of the Act)

Those that keep exotic wildlife in captivity must ensure that the wildlife are not released and that they do not escape.  If exotic wildlife does escape or is released, those who kept it in captivity are generally responsible for recapturing them. (see section 47.3 of the Act)

Part III.1 of the Act must be read as being consistent with Ontario Regulation 60/09 (Standards of Care) made under the Ontario Society for the Prevention of Cruelty to Animals Act, and any regulations made under the Act concerning exotic wildlife must be consistent with that Regulation. (see section 47.7 of the Act)

A provision of a municipal by-law prevails over Part III.1 to the extent that it prohibits the keeping of exotic wildlife or is otherwise more restrictive than a provision of Part III.1 or of a regulation made for the purposes of that Part. (see section 47.8 of the Act)

The Act is amended to permit the Lieutenant Governor in Council to make regulations with respect to exotic wildlife.  (see amendments to section 112 of the Act)