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

May 10th, 2019 / 1:35 p.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada and to the Minister of Democratic Institutions

Madam Speaker, I thank the leader of the Green Party for her contribution to today's debate and for her contributions every day in the House. They are always welcome and always to the point.

I want to ask her about an important aspect she mentioned in her comments today on Bill S-203. It is the notion of the sentient nature of so many of the creatures that exist on our planet. For a long time, even when many of us were much younger, we learned about dolphins, but a bit less about whales, and that sentient nature. Perhaps the member could elaborate on how that science and evidence is developing and what the next frontier holds in further protections, beyond whales and dolphins, with respect to the animal kingdom and the species that exist on this planet.

Ending the Captivity of Whales and Dolphins ActPrivate Members' Business

May 10th, 2019 / 1:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

, seconded by the member for Windsor—Tecumseh, moved that the bill be read the third time and passed.

She said: Madam Speaker, I thank those members who are applauding this historic day. I speak for myself and for many Canadians from coast to coast to coast when I say we are very grateful for the assistance of the hon. Minister of Fisheries, Oceans and the Canadian Coast Guard, the assistance of the hon. Minister of Environment and Climate Change and the assistance of their parliamentary secretaries in assisting this bill to get through this place after its long, long, long gestation in the Senate. We are extremely grateful for that support to expedite the passage of this bill so that it can receive royal assent before this House adjourns for the summer and the election.

I am only going to canvass briefly the elements of the bill; I think we are all very familiar with it.

It was started in the Senate, where it was sponsored by an absolutely terrific Canadian who would make the case that we should change mandatory retirement at age 75 for members of the Senate.

Senator Wilfred Moore of Nova Scotia brought this bill forward in 2015. On his retirement, it was taken up by another magnificent and inspiring leader within this country, former jurist Senator Murray Sinclair. All of their work and all of the witnesses in the long hearings before the Senate made the same point over and over again: In the 21st century, we simply know better than to think cetaceans belong in captivity. We can no longer pretend that the entertainment value of these magnificent, sentient creatures in swimming pools anywhere in Canada is acceptable.

Parallel to our efforts on Bill S-203 is a very good bill, Bill C-68, from the former minister of fisheries, the hon. member for Beauséjour. It is is currently before the Senate, and we certainly hope will pass soon. To him, I once again want to underline my deep thanks for all of his work as minister of fisheries.

Bill C-68, would make it illegal to take a cetacean into captivity in Canadian waters. Bill S-203, finishes that piece and makes it comprehensive by adding that we will not breed cetaceans in captivity, nor will we buy cetaceans from other countries and keep them in captivity.

We are listening to the science and taking the appropriate actions.

I want to thank other people who have played a significant role in seeing this largely non-partisan effort, supported by thousands and thousands of Canadians, come to this point.

I want to thank the hon. members for Courtenay—Alberni, New Westminster—Burnaby, Beaches—East York and Pontiac; the Minister of Fisheries, Oceans and the Canadian Coast Guard; the Parliamentary Secretary to the Minister of Fisheries, Oceans and the Canadian Coast Guard; the members for West Nova, Avalon, and Charlottetown, and the member for Repentigny from the Bloc Québécois. There was help from members on all sides of the House, including the party that did not support the bill; there are individual members of that party who were very helpful.

The NGO community has been very helpful in assisting the process by networking with good scientists and also making sure the community of Canadians concerned with cetaceans received assistance. That community includes Animal Justice and its spectacular lawyer, Camille Labchuk; the Humane Society of Canada; Humane Society International; Ontario Captive Animal Watch; Animal Alliance of Canada; World Animal Protection; and The Whale Sanctuary Project. Assistance also came from scientists Dr. Lori Marino; Dr. Ingrid Visser, who testified by video link all the way from New Zealand; Dr. Naomi Rose; Dr. Hal Whitehead, of Dalhousie University; and Phil Demers.

All of these scientists, NGOs, individual elected Canadians and those from the unelected other place worked diligently and did their homework with one aim only: to end a practice that we all know is wrong.

It is a great honour for me to have overseen this private members' bill. It is a great honour.

I am surprised by the tremendous support that this bill has received across Canada. At this time, I would like to say just one thing: thank you.

I thank everyone involved and am in their debt, as are our wonderful free whales. Although it was certainly an accident of fate and Parliament that the bill was brought forward by Senator Wilfred Moore, I will say once more “Free Willy”.

The House proceeded to the consideration of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), as reported (without amendment) from the committee.

May 8th, 2019 / 4:20 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

Mr. Chair, in answer to the question from Mr. Arnold, I don't believe that anyone is requesting that this committee rubber-stamp anything. I think there have been a good debate and a good discussion certainly through the upper House. When we heard the debate at second reading, we heard all parties speak in favour of this legislation. I don't think there is any issue with the questions of debate or witnesses. I think it's time to take a position.

The issue here, as we know, is that we are up against the clock to get this through. As for the chances of even getting it through, even if this does get through committee, it will still have to go back to the House for third reading. It will be on the September schedule, and then the issue will be whether we can move it up fast enough to actually be voted on in the House. That is going to be difficult.

I would again implore the members to consider that, as we did with Bill S-203, and hopefully expedite this thoroughly studied bill.

May 8th, 2019 / 4:15 p.m.
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NDP

Fin Donnelly NDP Port Moody—Coquitlam, BC

It's at the will of the committee. The preference would be to expedite this as quickly as possible. Time is of the essence. The longer this takes.... You can look at Bill S-203. This is following a similar path, but it's behind, and in terms of this being brought back for third reading, it's critical that it get through committee. Assuming it does get through committee, it's still going to face an uphill challenge. The more committee hearings we have, the longer it takes.

I will remind the committee that this has been through the Senate for a couple of years. Senator MacDonald has spent much time on it, and the committee hearings had many witnesses. This has, I think, been studied and looked at, and testimony has been given on this bill. I would urge the committee to move this as quickly and expeditiously as possible.

Of course, it's at the will of the committee as to whether you call witnesses. At this point, I would encourage us to have as few meetings as possible to really give this bill the best chance of trying to get through Parliament before we rise in June.

April 10th, 2019 / 3:30 p.m.
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Liberal

The Chair Liberal Ken McDonald

Before we get into the agenda items, I want to get one piece of business out of the way. Everybody has the budget for Bill S-203. Can we get approval to adopt that budget?

It is moved by Mr. Finnigan.

(Motion agreed to [See Minutes of Proceedings])

Pursuant to Standing Order 108(2), we continue our study of the migration of lobster and snow crab in Atlantic Canada and the impact of changes to lobster carapace size.

We have a good many witnesses today, some by teleconference, some by video conference and one in person, with a lot of names up next to him but they're all either on the screen or on the phone.

Mr. Fitzpatrick, welcome. As you're an independent owner-operator fish harvester, you have lots of company, but they're just not here with you.

From the Coldwater Lobster Association we have Bernie Berry, President; and Heather Mulock, Manager. They're on teleconference.

From the Prince Edward Island Fishermen's Association, we have Bobby Jenkins, President; Pat O'Neill, Interim Executive Director; Melanie Giffin, Marine Biologist and Program Planner; and Laura Ramsay, Research and Liaison Officer.

From the Gulf of Maine Research Institute, we have Andrew Pershing, Chief Scientific Officer, by video conference.

From the Fisheries and Marine Institute of Memorial University of Newfoundland, by video conference, we have Arnault Le Bris. I believe he was here the other day. We got interrupted so often that we never actually had a meeting.

Welcome back again sir, even by video conference.

We'll start off with statements. We'll do the one by teleconference first.

I believe, Mr. Berry, you're going to do the statement. You have seven minutes or less.

Mackenzie Valley Resource Management ActGovernment Orders

April 9th, 2019 / 5:25 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Madam Speaker, I am pleased to have an opportunity to speak to Bill C-88. Despite the use of time allocation, I appreciate that the Leader of the Government in the House of Commons earlier today said she would make efforts to give me a chance to speak and has done so. Even with abbreviated debate, I am therefore able to speak to this legislation.

I am also able to speak to what happened to this legislation when the Northwest Territories Devolution Act was brought forward in the 41st Parliament in 2014. It was something everyone wanted to support, but there were many measures with that act that were offensive to the foundational principles of self-government and respect for treaties.

In fact, the Mackenzie Valley Land and Water Board, the Gwich'in Land and Water Board, the Sahtu Land and Water Board and the Wek’eezhii Tlicho Land and Water Board, all of which were the result of treaty negotiations between the Crown and those nations, were callously, carelessly, disrespectfully and completely violated with the notion that we could replace them with something described as more efficient.

I protested those changes at the time, as did the previous NDP member of Parliament for the Northwest Territories, Dennis Bevington. We tried quite hard to persuade the 41st Parliament that it was wrong to change the law in this way.

Subsequent to the changes being made, a number of the boards that were impacted went to court to challenge what had just happened. The notion of a superboard was deeply offensive to the principle that had been there, which was that the land and water boards represented fifty-fifty decision-making between first nations and the federal government. It would have reduced the self-government that the Northwest Territories Devolution Act was supposed to respect. It would have taken away rights and reduced the scope of review by those various boards.

Earlier today in debate I heard a Conservative member say that Bill C-88 was another effort by the Liberal government to interfere with development, to thwart development and to drive investment away from Canada.

I am saddened by that kind of commentary. I agree with a number of criticisms of the Liberal government. There are a lot of measures being taken that I find far short of what is required, particularly when looking at the climate crisis, and far short of what is required when looking at the need for thorough environmental assessment. There was a commitment in the election to undo the damage that had been done by the Harper administration in a number of areas, and so far the Liberal government has done really well in some areas and less well in others.

It did extremely well in undoing discriminatory legislation towards trade unions, and that was done relatively quickly by the former member of cabinet responsible for labour issues.

The Liberal government did an extremely good job on a piece of legislation that is still before the Senate, Bill C-68, to repair the Fisheries Act. Bill C-68 not only repairs the damage that was done by the previous prime minister and his government and not only brings back protections for fish habitat. It also expands and improves other protections for habitat. It is an extremely important piece of legislation and I hope it passes quickly.

It is also complementary to a piece of legislation that I hope will be passed here. Earlier today in the House, the hon. member for Avalon, the chair of the fisheries committee, presented the report, and Bill S-203 is now back before the House. I hope we move to report stage and third reading expeditiously.

Bill C-68, which I am referencing, is also complementary in saying that we are now going to ban the taking of cetaceans into captivity in Canadian waters.

Again, all of these bills speak to undoing the damage done by the previous government, but Bill C-68 goes beyond that with more progressive measures.

Unfortunately, Bill C-69 is also before the Senate. I hope it will be amended and sent back here quickly. The Minister of Transport did an excellent job of repairing the former Navigable Waters Protection Act. There are some innovative changes to energy regulations. Unfortunately, the middle piece of legislation in that omnibus bill, the one on environmental review, does not undo the damage of the previous government, but rather keeps it in place.

However, this legislation is excellent in that it would actually undo the damage the previous government had done. It would set back in place the integrity of self-government, of decisions for land and water boards that reflect the negotiations under self-government agreements and treaties. Now that we are debating this bill at second reading, I would certainly like to see this bill in committee so that it could receive one or two additional amendments.

As was mentioned on the floor of the House earlier today when we started second reading debate of Bill C-88, given the content, the context and the need to take a step further and be more progressive than merely repairing, we should say that this bill operates under the United Nations Declaration on the Rights of Indigenous Peoples. That would be a very welcome amendment and, assuming this bill gets to committee and we are in a position to put forward amendments during clause-by-clause consideration, it is one that the committee can expect to hear from the Green Party.

I certainly support this bill, including the provisions to allow moratoria on drilling to affect such decisions based on evidence. I do hope the bill passes. I would like to see it pass with an amendment to ensure that it operates under the terms of the United Nations Declaration on the Rights of Indigenous Peoples.

Fisheries and OceansCommittees of the HouseRoutine Proceedings

April 9th, 2019 / 10:05 a.m.
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Liberal

Ken McDonald Liberal Avalon, NL

Mr. Speaker, I have the honour to present, in both official languages, the 20th report of the Standing Committee on Fisheries and Oceans, entitled “Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins)”.

The committee has studied the bill and has decided to report the bill back to the House without amendments.

I wish to thank everybody, staff and members of the committee, for their participation. I especially want to recognize Senator Moore who originally brought this bill to the other place and, of course, the member for Saanich—Gulf Islands who sponsored it here in the House.

April 2nd, 2019 / 4 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Chair, I'm sure this is just an oversight on the part of the drafter, but I believe it's important to allow businesses and marine research organizations a chance to comply with the new law after it has been passed. I know that Marineland has asked for more a year, but I think 12 months is a reasonable time frame.

As you heard from the Marineland testimony, they are concerned about cetaceans that are currently pregnant and those that could be pregnant just before this bill becomes law. The intent here is to ensure that the owners of cetaceans that become pregnant prior to passage of Bill S-203 are not considered to commit a crime simply by owning, having the custody of, or control of a cetacean that is born to a cetacean that was lawfully pregnant before the act.

We propose that Bill S-203 be amended by adding after line 3 on page 4 the following new clause:

Coming into Force

7. This Act comes into force on the first anniversary of the day on which it receives royal assent.

April 2nd, 2019 / 4 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Chair, it's funny you should ask. This amendment adds a greater degree of precision in determining who may make the determination and assessment of animal welfare by specifying it must be a competent scientific team operating on a federal mandate. It adds species conservation, writ large, as an additional ground for approval consistent with the principle of animal welfare.

We are suggesting that Bill S-203, in clause 5, be amended by replacing line 23 on page 3 with the following:

interests of the cetacean's welfare, as determined by a panel of veterinarians and marine scientists designated by the Minister of Fisheries and Oceans, to do so; or

(c) conservation efforts relating to the protection of a vulnerable species.

(Amendment negatived)

(Clause 5 agreed to)

(Clause 6 agreed to)

April 2nd, 2019 / 4 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Well not really, because I thought the argument was pretty straightforward in terms of the French language issue that we had in terms of clause 4, but I'll go through it.

Mr. Chair, as you heard during the testimony previously, there is some confusion in clause 4 between the French and English. What we are suggesting now is that Bill S-203, in clause 4, be amended by replacing, in the English version, line 9 on page 3 with the following:

with a permit, im-

April 2nd, 2019 / 3:55 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Chair, this amendment adds a greater degree of precision in determining who may make the determination and assessment of animal welfare by specifying it must be a competent scientific team operating on a federal mandate. It adds species conservation, writ large, as an additional ground for approval consistent with the principle of animal welfare. The amendment proposes that Bill S-203, in clause 5, be amended by replacing line 23 on page 3 with the following, “interests of the cetacean's welfare, as determined by a panel of veterinarians and marine scientists designated by the Minister of Fisheries and Oceans—”

April 2nd, 2019 / 3:50 p.m.
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Niagara Falls, CPC

Rob Nicholson

The amendment is that Bill S-203, in clause 4, be amended by replacing, in the French version, line 8 on page 3 with the following:

7.1 Il est interdit, sans licence délivrée en vertu du paragraphe 10(1.1) ou contrairement à celle—

April 2nd, 2019 / 3:40 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Chair, in this version we're only adding the word “knowingly”. Again, we're just trying to avoid catching people who unwittingly attend events that include proscribed activities. I will bring us back to the testimony we heard previously with Justice Sinclair. In his final answer to the question I asked, he said, “I think so,” in terms of reading this piece of legislation.

I also asked Ms. Klineberg about that, and her comment was similar, in terms of ambiguity. Also, in terms of viewing, or knowingly selling or gifting animals to facilities outside of our country that participate in this, it would seem reasonable to not authorize the export of the animal. We're saying that there's ambiguity, and reasonable concern that Canadians could unwittingly take part and attend events that may be in contravention of S-203.

With that, Mr. Chair, we propose that S-203, in clause 2, be amended, by replacing line 18 on page 2 with the following:

(4) Every one commits an offence who knowingly promotes, ar-

We're inserting one word: “knowingly”.

April 2nd, 2019 / 3:40 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Chair, we've heard, from testimony, concern that someone visiting a show with cetaceans present could be unwittingly breaking the law. This amendment and CPC-3.1 are just two different ways to deal with this concern. If the committee has a preference as to which amendment works better, I will move the appropriate amendment and withdraw the other.

With that, we propose that Bill S-203, in clause 2, be amended, by replacing lines 18 to 27 on page 2 with the following:

(4) Every one 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 they own, have custody of or control are used for performance for entertainment purposes.

(4.1) Subsection (4) does not apply if the performance is authorized pursuant to a licence issued by the Lieutenant Governor in Council of a province or by any other person or authority in the province that may be specified by the Lieutenant Governor in Council.

(Amendment negatived)