R.S., c. C-46 Criminal Code 1 The  Criminal Code  is amended by adding the following after section 445.2: 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. 1992, c. 52 Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act 2 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: 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 ) 3 (1) Subsection 6(2) of the French version of the Act is replaced by the following: 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. (2) Section 6 of the Act is amended by adding the following after subsection (2): 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. (3) Subsection 6(3) of the French version of the Act is replaced by the following: 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. 4 The heading before section 10 of the French version of the Act is replaced by the following: Permis fédéral 5 (1) Subsection 10(1) of the Act is replaced by the following: 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. (2) Subsection 10(3) of the French version of the Act is replaced by the following: 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. 2002, c. 29, s. 139 (3) Subsection 10(4) of the Act is replaced by the following: 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. 6 The Act is amended by adding the following  after  section 11: 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. 7 Paragraph 21(1)(a) of the French version of the Act is replaced by the following: a) régir la délivrance, le renouvellement, l’annulation ou la suspension des permis et prévoir les cas de dispense; 2009, c. 14, s. 122 8 Paragraph 22(1)(a) of the Act is replaced by the following: (a) any provision of this Act, other than any of sections 11.1 to 11.3; 2009, c. 14, s. 122 9 Subsection 22.01(1) of the Act is replaced by the following: 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). Coordinating Amendments Bill S-6 10 (1) Subsections (2) to (15) apply if Bill S-6, introduced in the 1st session of the 44th Parliament and entitled  An Act respecting regulatory modernization  (in this section referred to as the “other Act”), receives royal assent. (2) If subsection 80(2) of the other Act comes into force before section  3  of this Act, then subsections  3 (1) and (3) of this Act are deemed never to have come into force and are repealed. (3) If section  3  of this Act comes into force before subsection 80(2) of the other Act, then that subsection 80(2) is repealed. (4) If subsection 80(2) of the other Act comes into force on the same day as section  3  of this Act, then subsections  3 (1) and (3) of this Act are deemed never to have come into force and are repealed. (5) If section 82 of the other Act comes into force before section  4  of this Act, then that section  4  is deemed never to have come into force and is repealed. (6) If section  4  of this Act comes into force before section 82 of the other Act, then that section 82 is repealed. (7) If section 82 of the other Act comes into force on the same day as section  4  of this Act, then that section  4  is deemed never to have come into force and is repealed. (8) If subsection  5 (1) of this Act comes into force before subsection 83(1) of the other Act, then that subsection 83(1) is repealed. (9) If subsection 83(1) of the other Act comes into force on the same day as subsection  5 (1) of this Act, then that subsection 83(1) is deemed never to have come into force and is repealed. (10) If subsection 83(2) of the other Act comes into force before subsection  5 (2) of this Act, then that subsection  5 (2) is deemed never to have come into force and is repealed. (11) If subsection  5 (2) of this Act comes into force before subsection 83(2) of the other Act, then that subsection 83(2) is repealed. (12) If subsection 83(2) of the other Act comes into force on the same day as subsection  5 (2) of this Act, then that subsection  5 (2) is deemed never to have come into force and is repealed. (13) If subsection 84(1) of the other Act comes into force before section  7  of this Act, then that section  7  is deemed never to have come into force and is repealed. (14) If section  7  of this Act comes into force before subsection 84(1) of the other Act, then that subsection 84(1) is repealed. (15) If subsection 84(1) of the other Act comes into force on the same day as section  7  of this Act, then that section  7  is deemed never to have come into force and is repealed. Coming into Force Order in council 11 This Act comes into force on a day to be fixed by order of the Governor in Council, but that day may not be earlier than the first anniversary of the day on which it receives royal assent.