Short Title Short title 1 This Act may be cited as the  Jane Goodall Act . R.S., c. C-46 Criminal Code 2 Subsections 445.2(1) to (4) of the  Criminal Code  are replaced by the following: Definitions 445.2 (1) The following definitions apply  in this section  and in sections 445.3 and 447.01 to 447.03 . animal advocate  means (a) a person designated by the Governor in Council under section 447.03; or, (b) if no person is designated for the province in which the proceedings take place, the person from among those described in paragraphs 447.03(a) to (c) who is called upon by the court. ( défenseur des animaux ) cetacean   means  any member of the cetacean order, including a whale, dolphin or porpoise. ( cétacé ) designated animal  means an animal of a species set out in Column 2 of the schedule to this Part or a non-domesticated subspecies of that species. It also includes a hybrid animal that has, in the last four generations of its lineage, at least one animal of a species set out in Column 2 of the schedule; ( animal désigné ) Prohibition on owning, breeding and possessing reproductive materials of certain animals (2) Subject to subsections  (3)  to  (3.4) , every person commits an offence who (a) owns, has the custody of or controls a cetacean , great ape, elephant or designated animal  that is kept in captivity; (b) breeds, impregnates  or fails to take reasonable care to prevent the breeding or impregnation of  a cetacean , great ape, elephant or designated animal ; or (c) possesses or seeks to obtain reproductive materials of cetaceans , great apes, elephants or designated animals,  including their sperm , eggs  or an embryo. Exception — gestating designated animals (3) If a designated animal is gestating on the day on which animals of that species are designated under section 445.3, paragraphs 2(b) and (c) do not apply in respect of that designated animal for the period in which it gestates that includes the day on which animals of that species are designated. Exception — offspring of designated animals (3.1) Paragraph (2)(a)  does not apply to   the offspring of a designated animal if that offspring was born immediately after a gestational period that included the day on which animals of that species were designated under section 445.3 . Exceptions (3.2) Paragraph (2)(a) does not apply to a person who (a) owns, has the custody of or controls (i) a cetacean , great ape or elephant  that is kept in captivity  on the day on which  this section comes into force and remains continuously in captivity  after that day, or (ii) a designated animal that is kept in captivity on the day on which the designation is made under section 445.3 and remains continuously in captivity after that day; (b) has the custody of or controls a cetacean , great ape, elephant or designated animal  that is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or (c) is a person employed by a province or municipality  or a person appointed to or employed by a provincial or municipal body or is an employee of a federal entity set out in Schedules I to V of the  Financial Administration Act  and is performing their duties or functions in relation to the keeping of a cetacean, great ape, elephant or designated animal in captivity, or a person who is assisting that person or employee. Exception —  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (3.3) Subsection (2) does not apply to a person who is acting in accordance with a permit issued or deemed to have been issued under section 10 or 10.1 of the  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act . Exception — provincial authorization (3.4) Subsection (2) does not apply to a person who,  under  a licence issued by the Lieutenant Governor in Council of a province or by  any  authority in the province  that  may be specified by the Lieutenant Governor in Council , keeps a cetacean, great ape, elephant or designated animal in captivity  (a) for the purpose of  conducting  non-harmful  scientific research ; or (b) in the best interests of the animal, with regard to individual welfare and conservation of the species . Prohibition of captivity of certain animals for entertainment purposes (4) Every person 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  a cetacean, great ape, elephant or designated animal is  used, in Canada, for performance for entertainment purposes  or for conveyance , unless the performance  or conveyance  is authorized under a licence issued by the Lieutenant Governor in Council of a province or by  any  authority in the province  that  may be specified by the Lieutenant Governor in Council. Offences by corporate officers, etc. (4.1) If a corporation commits an offence under this section, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable, on conviction, to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Criminal Code Clause 2 : Existing text of subsections 445.2(1) to (4): 445.2 (1) In this section,  cetacean  includes any member of the cetacean order, including a whale, dolphin or porpoise. (2) Subject to subsections (2.1) to (3.1), every person commits an  offence  who (a) owns, has the custody of or controls a cetacean that is kept in captivity; (b) breeds or impregnates a cetacean; or (c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo. (2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force. (2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force. (3) Paragraph (2)(a) does not apply to a person who (a) owns, has the custody of or controls a cetacean that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter; (b) has the custody of or controls a cetacean that is kept in captivity for the purpose of providing it with assistance or care or to  rehabilitate  it following an injury or another state of distress; or (c) is authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council. (3.1) Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council. (4) Every person 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 are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council. 3 The Act is amended by adding the following after section 445.2: Designation of non-domesticated captive animals 445.3 (1) The Governor in Council may, by order, add a species of animal to the schedule to this Part, remove a species from the schedule or reorder the listing of species in the schedule. Consultations and factors for designation (2) Before adding a species to or removing a species from the schedule to this Part,  the Governor in Council, in consultation with professionals in animal science, veterinary medicine and animal care and with representatives of groups whose objects include the promotion of animal welfare, must consider the following: (a) whether the species is capable of living in captivity; and (b) whether the biological and ecological needs for individual animals of that species to live a good life can be met in captivity, including in particular (i) the ability of animals of the species to engage in natural behaviour while in captivity, (ii) the intelligence, emotions, social requirements, physical size, lifestyle and potential use in performances of animals of the species, (iii) the public safety risks posed by animals of the species, and (iv) the evidence of harm to animals of the species in captivity, including stereotypies, health problems in captivity, shorter lifespans and increased infant mortality rates. Clause 3 : New. 4 The Act is amended by adding the following after section 447: Order under section 447.02 447.01 (1) If an offender is convicted or is discharged under section 730 of an offence under subsection 445.2(2) or (4), the court that sentences or discharges the offender, in addition to any other measure imposed on the offender, must consider making an order under section 447.02 to protect the best interests of the cetacean, great ape, elephant or designated animal in respect of which the offence was committed. Inquiry by court (2) As soon as feasible after a finding of guilt, and in any event before imposing a sentence for an offence under subsection 445.2(2) or (4), the court must inquire of the prosecutor if reasonable steps have been taken to provide an animal advocate with an opportunity to indicate whether the advocate is seeking an order under section 447.02. Adjournment (3) On application of the prosecutor or on its own motion, the court may adjourn the proceedings to permit the animal advocate to indicate whether the advocate is seeking an order under section 447.02 if the court is satisfied that the adjournment would not interfere with the proper administration of justice. Reasons (4) If an animal advocate seeks an order under section 447.02 and the court does not make such an order, the court shall enter the reasons in the record of the proceedings or, if the proceedings are not recorded, shall provide the reasons in writing. Court order to protect the best interests of an animal 447.02 (1) The court imposing sentence on a person convicted of an offence under section 445.2(2) or (4) or discharging the offender under section 730 may, on application of the prosecutor or an animal advocate or on its own motion, in addition to any other measure imposed on the offender, order that the offender carry out any action that is necessary in the best interests of the animal, with regard to individual welfare and conservation of the species, 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. Factors to be considered (2) In making a determination under subsection (1), the court must consider the individual animal’s welfare and conservation of the species. It may ask for expert evidence to be given by an animal advocate. Other animals in the offender’s possession, custody or control (3) On its own motion or on application of the prosecutor or an animal advocate, the court may make an order made under subsection (1) applicable to any other animals in the offender’s possession, custody or control 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. Designation of animal advocates 447.03 The Governor in Council may, by order, after consultation with the Lieutenant Governor in Council of a province, designate one or more animal advocates for that province, each of whom must be: (a) nominated by the animal welfare authority of the provincial government; (b) a representative of a non-governmental organization in the province whose objects include the promotion of animal welfare; or (c) a professional in animal science, veterinary medicine or animal care. Clause 4 : New. 5 The portion of subsection 447.1(1) of the Act before paragraph (a) is replaced by the following: Order of prohibition or restitution 447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2),  445.2(5) , 446(2) or 447(2)  or any order that it may make under section 447.02 , Clause 5 : Existing text of relevant portion of section 447.1: 447.1 (1) The court may, in addition to any other sentence that it may impose under subsection 445(2), 445.1(2), 446(2) or 447(2), 6 The Act is amended by adding the schedule set out in Schedule 1 to this Act. 7 The schedule to Part XI is amended by adding the items set out in Schedule 2. 1992, c. 52 Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act 8 Section 2 of the  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act  is amended by adding the following in alphabetical order: designated animal  means an animal of a species set out in Column 2 of the schedule or a non-domesticated subspecies of that species. It also includes a hybrid animal that has, in the last four generations of its lineage, at least one animal of a species set out in Column 2 of the schedule; ( animal désigné ) Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act Clause 8 : New. 9 Subsections 6(2) and (3) of the Act are replaced by the following: Importation, exportation and interprovincial transport (2) Subject to the regulations, no person shall, except in accordance with a permit issued under  this Act, (a) import into or export from Canada any animal or plant or any part or derivative of an animal or plant ; or (b) transport from one province to another province any animal or plant, or any part or derivative of an  animal  or plant. Clause 9 : Existing text of subsections 6(2) and (3): (2) 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. (3) 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. 10 The Act is amended by adding the following after section 7: Animal welfare restrictions — import and export of certain animals 7.1 No person shall, except in accordance with a permit issued or deemed to have been issued under paragraph 10(1)(b) or subsection 10.1(5), import into or export from Canada a living great ape, elephant or designated animal or sperm, an egg, an embryo or a tissue culture of such an animal. Clause 10 : New. 11 Subsection 10(1) of the Act is replaced by the following: Issuance of permit — import, export and interprovincial transportation 10 (1) The Minister may, on application and on such terms and conditions as the Minister  considers appropriate , issue a permit authorizing (a) subject to paragraph (b),  the importation, exportation or interprovincial transportation of an animal or plant or any part or derivative of an animal or plant; or (b) the importation, exportation or interprovincial transportation of a living great ape, elephant or designated animal or sperm, an egg, an embryo or a tissue culture of a great ape, elephant or designated animal, if (i) the importation, exportation or interprovincial transportation is for the purpose of conducting non-harmful scientific research, or (ii) the Minister is of the opinion that keeping the animal in captivity or captive breeding is in the best  interests  of the animal when its individual welfare and the conservation of its species are taken into consideration. Issuance of permit — scientific research and captivity in the animal’s best interests (1.1) The Minister may, on application and on such terms and conditions as the Minister considers appropriate, issue a permit authorizing any person to (a) keep a  great ape, elephant or designated animal in captivity for the purpose of conducting non-harmful scientific research; or (b) keep a great ape, elephant or designated animal in captivity if the Minister is of the opinion that captivity or captive breeding is in the best interests of the animal, taking into consideration the animal’s individual welfare and conservation of the species. Condition — certain species of designated animals or certain activities (1.2) The Minister may, at any time, limit the application of a permit issued under this section to designated animals of certain species only or to the circumstances set out in one or more paragraphs of subsection 445.2(2) of the  Criminal Code . Clause 11 : Existing text of subsection 10(1): 10 (1) The Minister may, on application and on such terms and conditions as 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. 12 The Act is amended by adding the following after section 10: Animal care organizations 10.1 (1) In this section,  eligible animal care organization  means an organization designated by the Minister under subsection (3). Eligible animal care organizations — objects (2) An organization may apply to the Minister for designation under subsection (3) if its objects include (a) promoting the welfare of non-domesticated animals; (b) supporting the conservation of non-domesticated animal species; (c) providing rehabilitation to non-domesticated animals in distress; (d) offering sanctuary to non-domesticated animals; (e) conducting non-harmful scientific research on non-domesticated animals; or (f) engaging in public education related to non-domesticated animals. Designation by Minister (3) The Minister may, by order, designate an organization as an eligible animal care organization if it (a) has not been convicted of an offence under section 445.2 of the  Criminal Code ; (b) is not subject to an order under section 447.02 of the  Criminal Code ; and (c) demonstrates to the Minister’s satisfaction that it (i) administers the highest professionally recognized standards and best practices of animal care, (ii) has procedures that enable its members, employees, volunteers or contractors, after completing any steps that are internal to the organization, to disclose confidentially to the Minister, without fear of reprisal, the organization’s failure to adhere to the highest professionally recognized standards and best practices of animal care, including any standards and best practices prescribed by the Minister under subsection (15), or to address other animal welfare concerns, (iii) refrains from activities that misrepresent or degrade captive, non-domesticated animals, including using those animals in performances for entertainment purposes or as a conveyance, (iv) acquires captive non-domesticated animals in a manner that does not negatively impact species populations or ecology in their natural habitat or that contributes to a species’ survival or recovery, and (v) maintains any other standards and best practices prescribed by the Minister under subsection (15) on the basis of the best available scientific, veterinary, animal care or animal welfare information. For greater certainty (4) For greater certainty, an organization may be designated under subsection (3) if it engages in educational demonstrations, such as supervised public observations and interactions, of an animal’s natural behaviour or practices required for animal care. Minister may issue permit (5) The Minister may, on application, issue a permit authorizing an eligible animal care organization to (a) keep designated animals in captivity; (b) conduct non-harmful scientific research on designated animals; (c) breed designated animals in captivity; (d) import captive designated animals or sperm, eggs, embryos or tissue cultures of designated animals; (e) transport captive designated animals or sperm, eggs, embryos or tissue cultures of designated animals, to or from an eligible animal care organization in another province if that other organization holds a permit issued under this subsection; (f) transport captive designated animals interprovincially for the purpose of relocation to their natural habitat; (g) export captive designated animals or sperm, eggs, embryos or tissue cultures of designated animals to an animal care organization outside of Canada that is a member of the Association of Zoos and Aquariums or the Global Federation of Animal Sanctuaries or that, in the Minister’s opinion, would be an eligible animal care organization if it were located in Canada; or (h) export captive designated animals for the purpose of relocation to their natural habitat. Conditions and modification (6) A permit issued under subsection (5) is subject to any terms or conditions established by the Minister, who may modify the permit at any time. Suspension or revocation (7) The Minister may, at any time, suspend or revoke a permit issued under subsection (5) for contravention of any term or condition of the permit, after giving the eligible animal care organization who holds the permit an opportunity to make representations. Condition — certain species of designated animals or certain activities (8) On the Minister's own initiative or at the request of a provincial animal welfare authority, the Minister may limit the application of a permit issued under subsection (5) to designated animals of certain species only or to the circumstances set out in one or more paragraphs of subsection 445.2(2) of the  Criminal Code . Species subsequently designated (9) A permit issued to an eligible animal care organization under subsection (5) authorizes it to do anything set out in the permit in relation to a species of animal subsequently added to the schedule by the Governor in Council under section 21.2.  No transfer or unauthorized use of permits (10) No eligible animal care organization that holds a permit issued under subsection (5) may transfer the permit to or allow it to be used by another person or organization. Review (11) The Minister may review a permit issued under subsection (5) for any reason. Review on request from provincial animal welfare authority (12) At the request of a provincial animal welfare authority, the Minister must review a permit issued under subsection (5).  Change of ownership or control — eligible animal care organization (13) It is a condition of a permit issued under subsection (5) that an eligible animal care organization must inform the Minister in writing of any change in its ownership or control. Review on ownership change or control (14) The Minister must review a permit issued under this section upon being informed of an eligible animal care organization’s change in ownership or control. Consultations — standards (15) The Minister may, by order, prescribe standards and best practices of animal care for the purposes of subparagraph (3)(c)(v) if  (a) the Minister has consulted professionals in animal science, veterinary medicine and animal care, and with representatives of groups whose objects include the promotion of animal welfare; and (b) the Minister is satisfied that the standards account for the best available scientific, veterinary, animal care or animal welfare information.  Clause 12 : New. 13 (1) Paragraph 21(1)(b) of the Act is replaced by the following: (b) respecting the exemption of animals and plants and parts and derivatives of animals and plants  — other than living great apes, elephants or designated animals or sperm, an egg, an embryo or a tissue culture of such an animal  —  from the operation of any provision of this
Act; (2) Subparagraph 21(1)(c)(ii) of the Act is replaced by the following: 
 (ii) for the purposes of  paragraph 6(2)(a) ,   (3) The portion of subparagraph 21(1)(c)(iii) of the Act before clause (A) is replaced by the following:
 
   (iii) for the purposes of  paragraph 6(2)(b) , Clause 13 : Existing text of relevant portions of subsection 21(1): 21 (1) The Governor in Council may make regulations for carrying out the purposes of this Act, including regulations . . . (b) respecting the exemption of animals and plants, and parts and derivatives of animals and plants, from the operation of any provision of this Act; (c) amending the definitions  animal  and  plant . . .  (ii) for the purposes of subsection 6(2), (iii) for the purposes of subsection 6(3), (A) in order to protect species that are subject to the legislative authority of Parliament, or . . .  14 The Act is amended by adding the following after section 21.1: Designation of non-domesticated captive animals 21.2 (1) The Governor in Council may, by order, add a species of non-domesticated animal to the schedule, remove a species from the schedule or reorder the listing of species in the schedule. Consultations and factors for designation (2) Before adding a species to or removing a species from the schedule, the Governor in Council, in consultation with professionals in animal science, veterinary medicine and animal care and with representatives of groups whose objects include the promotion of animal welfare, must consider the following: (a) whether the species is capable of living in captivity; and (b) whether the biological and ecological needs for  individual  animals of that species to live a good life can be met in captivity, including in particular (i) the ability of animals of the species to engage in natural behaviour while in captivity, (ii) the intelligence, emotions, social requirements, physical size, lifestyle and potential use in performances of animals of the species, (iii) the public safety risks posed by animals of the species, and (iv) the evidence of harm to animals of the species in captivity, including stereotypies, health problems in captivity, shorter lifespans and increased infant mortality rates. Clause 14 : New. 15 The Act is amended by adding the schedule set out in Schedule 3 to this Act. 16 The schedule is amended by adding the items set out in Schedule 4 to this Act.  Related Provisions Aboriginal and treaty rights 17 The provisions enacted by this Act are to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the  Constitution Act, 1982  and not as abrogating or derogating from them. Deemed permits — great ape science and conservation programs 18 (1) The Minister is deemed to have issued permits under paragraphs 10(1)(b), 10(1.1)(a) and 10(1.1)(b) of the  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act  to the following organizations: (a) the Calgary Zoological Society; (b) the Zoo de Granby; and (c) the Board of Management of the Toronto Zoo. Authorized activities (2) The permits deemed to have been issued under this section authorize their holder to (a) import or export a living great ape or sperm, an egg, an embryo or a tissue culture of a great ape;  (b) transport a living great ape or sperm, an egg, an embryo or a tissue culture of a great ape to or from a person in another province that holds a permit deemed to have been issued under this section; (c) keep a great ape in captivity; (d) conduct non-harmful scientific research on captive great apes; or (e) breed a captive great ape. Modification and conditions (3) The Minister may, at any time, modify a permit deemed to have been issued under this section or impose any conditions on it that the Minister considers appropriate, including a condition that limits the application of a permit to the circumstances set out in one or more paragraphs of subsection 445.2(2) of the  Criminal Code . Suspension or revocation (4) The Minister may revoke or suspend a permit deemed to have been issued under this section for contravention of any term or condition of the permit, after giving the holder of the permit an opportunity to make representations. Deemed designation 19 (1) The Minister is deemed to have designated the following organizations as eligible animal care organizations under subsection 10.1(3) of the  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act : (a) the Assiniboine Park Zoo; (b) the Calgary Zoological Society; (c) the Zoo de Granby; (d) the Montréal Biodôme; (e) Ripley’s Aquarium of Canada; (f) the Board of Management of the Toronto Zoo; and (g) the Vancouver Aquarium. Deemed permits (2) The Minister is deemed to have issued a permit under section 10.1(5) of the  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act  to each of the organizations listed in subsection (1).  Section 10.1 of the  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (3) Subsections 10.1(6) to (14) of the  Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act  apply to a permit deemed to have been issued under this section as if it were a permit issued under subsection 10.1(5) of that Act. Transitional Provisions Non-application — gestating animals 20 Paragraphs 445.2(2)(b) and (c) of the  Criminal Code  do not apply in respect of a great ape or elephant that is gestating on the day on which section 2 of this Act comes into force, for the duration of the gestational period that includes the day on which section 2 comes into force. Non-application — offspring of animals 21 Paragraph 445.2(2)(a) of the  Criminal Code  does not apply to the offspring of a great ape or elephant if that offspring is born immediately  after  a gestational period that includes the day on which section 2 of this Act comes into force. Coming into Force 180 days after royal assent 22 Sections 7 and 16 of this Act come into force 180 days after it receives royal assent or on an earlier day fixed by the Governor in Council.