Legislation

A major issue with exotic pet ownership in Canada is that it is poorly regulated. There are a multitude of laws and regulations in place but they each only apply to certain areas, and vary drastically across the country. This highlights the need for some kind of fluidity between different municipalities, and provinces. At each level of government there are some rules regarding exotic pets, but the country should work towards harmonizing these regulations to create less confusion, and better safety, welfare and understanding.

Federal Law

In federal law there are a number of different acts that in some way address exotic animals, but the majority to so indirectly and are to do with importing or obtaining them. For example the Wild Animal and Plant Trade Regulations (SOR/96-263) provides clarification as to which animals need a permit in order to be imported. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (S.C. 1992, c. 52)  could easily be applied to importing exotics “6. (1) No person shall import into Canada any animal or plant that was taken, or any animal or plant, or any part or derivative of an animal or plant, that was possessed, distributed or transported in contravention of any law of any foreign state.” There are no laws to do with the ownership of exotic animals directly. The criminal code has act 445. “(1) Every one commits an offence who, wilfully and without lawful excuse, (a) kills, maims, wounds, poisons or injures dogs, birds or animals that are not cattle and are kept for a lawful purpose; or (b) places poison in such a position that it may easily be consumed by dogs, birds or animals that are not cattle and are kept for a lawful purpose.” This could be applied to an exotic pet if it could be proven that an owner was causing it “unnecessary suffering”. Finally, to conclude according to the Canadian Constitution Act, animals are considered property, and control of exotic pets is left to provincial legislation.

Provincial Law

Each province has slightly different laws regarding exotic pets. This makes it very confusing for Canadians, and causes difficulties when moving from one province to another. Most provinces require some kind of licence for at lest some species of exotic pets. Quebec and Saskatchewan have lists of species that do and don’t require permits, but none are flat out banned. Ontario gives municipalities the responsibility of dealing with exotic animals, and the by-laws are not standardized. British Columbia is the only province with a full out ban on certain species.

For example:

British Columbia: The provincial BC Wildlife Act [RSBC 1996] Chapter 488 deals with the control of alien species. The Act under the section Controlled Alien Species 6.4 states that “If the minister considers that a non-native species described in paragraph (a) or (b) of the definition of “species” poses a risk to the health or safety of any person or poses a risk to property, wildlife or wildlife habitat, the minister may make regulations designating the species as a controlled alien species.” 6.5 adds that “The minister may, by regulation, regulate, prohibit and impose requirements in relation to the following: (a) the possession of a species individual of a controlled alien species;” 33 states: “A person commits an offence if the person has live wildlife in his or her personal possession except as authorized under a licence or permit or as provided by regulation.” 21 says: “Except as authorized by a permit issued under this Act or under the Convention on International Trade in Endangered Species of Wild Fauna and Flora, a person commits an offence if the person imports into British Columbia live wildlife, or the egg of a wildlife species.” Finally the provincial government has a list of exotic species which are flat out banned.

Ontario: Bill 125, Exotic Wildlife in Captivity Act, 2010 states: “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.” Unfortunately it is left up to municipalities to decide which animals qualify as “exotic wildlife” and require permits or are outright banned.

Municipal Law

Municipalities often take things into their own hands to provide slightly stricter laws regarding exotic pets. Although most provinces do not provide out right bans of species, some municipalities do. Unfortunately this provides even more confusion as to what is legal and what is not. this also makes it difficult for owners to relocate. Another issue with this system is that although big cities may have strict by-laws, small or rural municipalities may not have any by-laws regarding exotic pets at all.

Enforcement

Mike Hopcraft, with his pet caiman, says B.C.'s new exotic pet law goes too far. (CBC)

Mike Hopcraft, with his pet caiman, says B.C.’s new exotic pet law goes too far. (CBC)

A huge issue with regulation of exotic pet owner ship is enforcing the rules. There are no inspections of peoples homes to see if they are hiding an exotic pet. These animals are only discovered if someone reports them. Even then the police cannot just barge into someone’s home, the Canada Wildlife Act (R.S.C., 1985, c. W-9) 11.1 says: “(3) The wildlife officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant.” Then there is the fact that some exotic pets are small and may live their whole life without being spotted by an outsider. Canada is also a geographically huge country. This makes enforcing exotic pet laws very difficult. In a very urban location it may be easy to spot the tiger in your neighbour’s yard, but when the nearest property is a few kilometres away, it becomes a bit tougher. A British Columbian owner stated: “They can put the new laws on it all they want. It’s going to go underground” Another issue is the definition of an exotic pet. Where should the line be drawn? Laws are so uninformed it makes it difficult to know what’s okay and what’s not. how should tropical fish de dealt with? What about small seemingly non-dangerous mammals and lizards, and what about birds? There is a great need for clear and uniformed legislation regarding exotic pets for the entire country.

 

32 thoughts on “Legislation”

  1. John

    Where can i get a list of illegal pets in Canada? Does this list vary in each province?

    Any information would be great.

    Reply ↓
  2. Sam

    Hi I was wondering of you knew how one can go about abtaining a wildlife ownership licence or permit? I rescue all kinds of wild animals ever year & would like to continue to do so, however done of my neighbors are making it difficult to do so without getting myself into trouble! Anything you could do to help out would be greatly appreciated! Thanks Sam

    Reply ↓
  4. Tyler

    Hello

    We returned to Canada about 7 months ago after living and owning a business in the country of Panama for almost 6 years. Shortly after arriving in Panama we obtained a baby Capuchin monkey and she was like a part of our family and a child to us for the 6 years we lived there. We did get permission and documentation from the government of Panama to own our Capuchin monkey. When we decided to move back to Canada we tried everything we could think of but the government of Canada would not allow us to import our monkey into Canada with us.

    So we had to leave her with our very good friends in Panama while we continued to try to find a way to import her into Canada. My wife and I are heart broken…our monkey named “Mona” was like a child to us…she wears diapers and clothes and even slept in our bed with us every night. She is not a wild monkey in anyway shape or form and in fact could never survive if she was ever returned to the wild. She is totally domesticated after 6 years of living with us. She has all of her shots and is clear of all diseases but again the Canadian government still would not allow us to import her back to Canada with us.

    At this point we have almost given up any hope and are desperate find some legal help to see if there is anyway to bring Mona to Canada. Can you please tell me if there is anything or anyone that could help us with our problem? Are there such things as animal lawyers or some other type of legal aid we could use that might be able to help us? My wife and I are just sick to our stomachs with the thought of never seeing our monkey/child again!

    Can you please help!
    Kind Regards.
    Tyler

    Ty81060@Gmail.com

    Reply ↓
    1. Jason Bordeleau

      Yes we have given our government far too much power! They say that we live in a free country I call bullshit on that one! When you ask why is it illegal to own a small capuchin monkey they bring up some stupid case of how a lady was killed by a pet tiger she had. Like how is that even related??? They are grouping all exotic pets into 1 category now that is just absolutely stupid! Then they say that keeping a monkey is cruel because they love to be with their own kind. Well I always had at least 2 of them for that reason and my monkeys were a lot happier living with me than they would be in the wild. Look on Youtube at people that have pet capuchins and see if they look unhappy. We need to take power away from these people that are only there because WE PAY THEIR SALARIES!

      Reply ↓
  5. Ryan

    Its sad and disappointing to see some animals that are knowingly harmless to be banned under such dogmatic laws; larger more dangerous animals are understandable (but really? a frog?). I would love to enquire on a permit to keep Phyllobates Terrebilis and relatives. is there a possible way to do this?

    Reply ↓
  6. Drake

    I was wondering if a list of regulated animals is available for New Brunswick I am interested in getting a snow fox but need more info on the laws and regulations for my providence first. Also looking for a breeder but only found them in the states so far…

    Reply ↓
  8. Cara

    In America, they currently are trying to ban all exotic pets. People think, “Oh, tigers? That’s awful!!” No lady. We don’t want tigers. We want to keep our turtles, hamsters, snakes, and lizards. They pose no threat and still this threatens many peoples way of life. If America legit thinks I’ll just get over this, their dead wrong. Moving to Canada. Not even kidding. I can’t have a dog or cat for health reasons. I love animals though. What should I get huh? I hairless cat? They still have dander. I’m done with America. Canada, see ya next year!

    Reply ↓
  10. Sandy webster

    I own a serval cat. I am located in Windsor, but looking for a new dwelling where the bylaws except this exotic cat.

    Reply ↓
  11. Jason Bordeleau

    The funny thing is that we pay these people to tell us what we can and can’t have. It’s sad the direction things are going. I understand a tiger can kill you but let’s not group all exotics into 1 category. Even monkeys should be allowed but not chimpanzees or gorillas. We need to redo these laws.

    Reply ↓
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  23. Gopal

    Thank you for this insightful and well-researched article on legislation! I appreciate the clarity and depth of the information provided, especially the breakdown of key legislative processes and their implications. It’s a valuable resource for anyone looking to better understand the topic. I look forward to reading more of your work in the future!

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