Ending the Captivity of Whales and Dolphins Act

An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins)

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to create offences respecting cetaceans in captivity. It also amends the Fisheries Act to prohibit the taking of a cetacean into captivity and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act to require a permit for the import of a cetacean into Canada and the export of a cetacean from Canada.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

February 1st, 2019 / 1:20 p.m.
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Liberal

William Amos Liberal Pontiac, QC

Mr. Speaker, I rise today to speak to the issue of Bill S-203, which has a stated objective of ending the captivity of whales and dolphins, while allowing some exceptions for rescue and rehabilitation. I support the bill's moving forward to be studied by a committee. As MP for Pontiac, I call upon members of this chamber to move forward quickly so that this can be studied, because Canadians are expecting more action on this issue. We need to do a better job of protecting our whales and our dolphins.

Banning whale and dolphin captivity would demonstrate a concrete step toward international leadership on this key animal-welfare issue. It would bring Canada into step with countries like France, India, Chile, Costa Rica, Switzerland and various U.S. states where there are strict restrictions. Canadian values are evolving. They are changing. As scientific understanding evolves, so do Canadian values and so does our appreciation for those sophisticated creatures with which we share this planet. Canadians understand that whales and dolphins are complicated, intelligent beings and that the breeding in captivity of these species has no place in Canadian society.

One of the leading conservationists of the past two generations, Dr. Jane Goodall, whom I had the good fortune of meeting in Parliament in 2016, has said that the phasing-out of captive cetacean programs is the natural progression of humankind's evolving view of our non-human animal kin. This is an issue that has been raised by my constituents as embodying, yes, a scientific dimension, but also an important moral dimension. Bill S-203 has attracted tremendous support from the public as well as politicians of all parties, and it is clear that it is an opportune moment for the bill to be sent to committee and studied further.

As the member for Pontiac, I am proud to urge my colleagues in the House of Commons to move forward with this bill quickly and send it to committee because it is an innovative measure to protect whales and dolphins. Prohibiting the captivity of cetaceans is an important step toward international leadership on animal welfare. Canadians have been showing their growing opposition to keeping cetaceans in captivity. Today, the only facilities where cetaceans are still kept in captivity are the Vancouver Aquarium in British Columbia and Marineland in Ontario.

Fierce debate continues over issues such as mortality rates and longevity, especially of whales and dolphins while they are in captivity. The most conclusive data, as I understand it, are for orcas. Their annual mortality rates are significantly higher in captivity than in the wild. The mortality data related to live captures are relatively straightforward. Capture is undeniably stressful and, in the case of dolphins, results in a sixfold increase in mortality risk during and immediately after capture.

Live captures, particularly of dolphins, continue around the world in regions where very little is known about the status of populations. For smaller stocks, live capture operations are a significant conservation concern. These are issues that we have to take seriously. Even for those stocks not currently under threat, the lack of scientific assessment or regard for welfare makes the proliferation of these operations an issue of global concern. Therefore, it is good and it is appropriate that Canadian legislators are examining putting an end to cetacean captivity.

In the case of Bill S-203, to achieve this objective the bill proposes amendments to a series of statutes, namely the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which tends to be called WAPPRIITA.

The capture of live cetaceans falls under federal jurisdiction. Although the Minister of Fisheries, Oceans and the Canadian Coast Guard has the authority to issue licences for the capture of live cetaceans for the purpose of public display, no such licence has been issued since the 1990s.

Bill S-203 proposes to amend the Fisheries Act to prohibit moving “a live cetacean...from its immediate vicinity with the intent to take it into captivity.” This translates into making it illegal to capture or take a wild cetacean with the goal of keeping it captive. An exception is made when the animal is captured to help it.

As mentioned in the first hour of debate, the amendments to the Fisheries Act proposed in Bill S-203 are substantively similar to those introduced by the government in Bill C-68. In drafting Bill C-68, great care was taken to include the intent of Bill S-203, which is to end the capture of cetaceans from Canadian fishery waters for public display purposes.

Like Bill S-203 before us today, Bill C-68 includes provisions that would prohibit the capture of cetaceans and would allow for changes to import regulations to stop the import of cetaceans.

One of the important things for committee members as they study Bill S-203 is to examine what is the best legislative path forward, given the measures proposed in Bill C-68 and those proposed in Bill S-203. I look forward to following that process carefully.

There is one particular aspect that would merit an in-depth study, specifically the amendments this bill seeks to make in relation to WAPPRIITA, the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.

WAPPRIITA forbids the import, export and interprovincial transportation of species it applies to unless those specimens are accompanied by the appropriate documents, licenses and permits. In all cases, the act applies to plants or animals, alive or dead, as well as the parts and any derived products. What is most important to understand about WAPPRIITA, which is the domestic statute that enables us to fulfill our international obligations under the CITES convention, is that it is a conservation-focused statute. We need to make sure that the objectives of that statute are consistent with Bill S-203. That is going to be an important discussion to have at committee.

The other thing we need to take into account is that this debate speaks to Canadian values.

I have had the wonderful opportunity to observe cetaceans in their natural environment, not just in eastern Canada, but also in western Canada, the Pacific and the St. Lawrence River. I know just how many Canadians have been touched by this experience.

My two young children have loved that experience, and they cannot even contemplate how cetaceans could be kept in captivity.

My wife, Regina, spent a summer with Dr. Paul Spong on Vancouver Island at his research station on Hanson Island studying the A5 pod. She was forever changed by that experience.

Most Canadians will recognize just how important it is to all of us that we do right by these species that are so special. Let us be conscious of the fact that these are some of the most highly sophisticated, most incredible beings on earth. When they are in captivity, they demonstrate absolutely abnormal behaviours. We need to make sure that Canadian legislation respects that these are incredibly sophisticated beings with complex social relations, and they deserve to be in the wild.

I appreciate this opportunity to urge the House to move this legislation forward for study in committee.

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

February 1st, 2019 / 1:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I would first like to thank those members who spoke this afternoon, especially the member for Vaudreuil—Soulanges, the member for Salaberry—Suroît and the member for the Pontiac. I am very pleased to have the support of the NDP and Liberal members for this very important bill.

The bill comes to us from the Senate. Occasionally that happens, that a bill originates from the Senate. In reply, a huge thanks to retired Senator Wilfred Moore from Nova Scotia, who brought the bill initially forward in 2016. I also want to extend my deepest thanks to Senator Murray Sinclair, who took up the bill and ensured it complied with concerns about the rights of indigenous people as it moved forward. It is very important that the bill has had the review it had by the Senate and that it comes to us finally.

As many people will know, it was held up for an unconscionable length of time and prevented from having a vote by a handful of senators. It is here now and we want to get it passed into law before the House rises in June and an election is called. We want to be able to say, and I hope the Conservatives will want to say this as well, that we are really pleased that we took this step to stop the cruel torture of cetaceans in Canada.

I forgot to thank my friend from Cariboo—Prince George, and I did not intend to overlook his speech, for his kind words toward me. I want to assure him that it is true that there are only two facilities in Canada that still have cetaceans in captivity. However, I am so pleased to say that Vancouver Aquarium already took a voluntary step to ensure that it would not keep whales and dolphins in captivity any longer. The current population count in Vancouver Aquarium facility is one dolphin.

Marineland in Niagara, Ontario still has 50 to 60 belugas, five dolphins and one orca. We are very concerned for the fate of those animals. However, I also want to ensure it is on the record that the goal of the legislation is not to harm any particular business; it is to encourage it to transform, not to be dependent on keeping animals in cruel conditions in order to have a business. As I mentioned, Vancouver Aquarium plans to remain as it has always been, a place where families in the Vancouver area and tourists from all around the world want to visit. Unlike Marineland, it is not a purely commercial activity.

Vancouver Aquarium, as the hon. member for Cariboo—Prince George mentioned, does a lot of stellar research. In fact, Dr. Peter Ross used to run the chemical contaminants program for our oceans within the Department of Fisheries and Oceans. When that program was demolished by the previous government, he was able to continue his research within the Vancouver Aquarium. It also houses the ocean wise program. It has made a transformational change and is not dependent on keeping whales and dolphins in captivity.

Marine Land could do the same. That would be wonderful and it could transform itself into an amusement park. It should consult with the people who run Cirque du Soleil to imagine what kind of entertainment can be offered by human acrobats, using the swimming pool as the base of a theatre.

In any case, I digress. Bill S-203 is ready for passage. It has been thoroughly studied, but we need to take it to committee, as the member for Pontiac has said. I hope, indeed I pray, for continued support from all members on the Liberal benches as well as the New Democratic Party. I hope the Conservatives will change their current view and that we will get the bill passed. There is abundant scientific evidence, evidence from veterinarians, from those who study marine mammals in the wild and marine mammals in captivity. We know that for cetaceans, captivity is torture and it is time we put an end to it.

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

February 1st, 2019 / 1:35 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

February 1st, 2019 / 1:35 p.m.
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Some hon. members

Agreed.

On division.

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

February 1st, 2019 / 1:35 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I declare the motion carried. Accordingly the bill stands referred to the Standing Committee on Fisheries and Oceans.

(Motion agreed to, bill read the second time and referred to a committee)

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

February 1st, 2019 / 1:35 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

It being 1:38 p.m., the House stands adjourned until next Monday at 11 a.m. pursuant to Standing Order 24(1).

(The House adjourned at 1:38 p.m.)