Cecily Zamora
Canada has a complex system of animal protection laws, with jurisdiction divided between the federal government and the provinces under the Constitution of Canada. The federal government, through its criminal law power, has created offences in the Criminal Code relating to animal suffering, defining limitations and penalties for breaches. The provinces, on the other hand, have jurisdiction over animals as part of their power to regulate property laws and are responsible for protecting the welfare of animals, including farm and companion animals. While there have been various bills and acts proposed and enacted to protect animals in Canada, the legal status of animals is still considered property, with rights of possession, use, and enjoyment of property exclusive to humans.
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What You'll Learn
Animal cruelty laws
In Canada, animals are considered property, and the federal government has jurisdiction over the import of animals and can create offences in the Criminal Code relating to animal suffering. The Criminal Code prohibits anyone from willfully causing animals to suffer from neglect, pain, or injury. The federal Parliament has also created offences with defined limitations and penalties in the event of breaches.
The provinces and territories of Canada have primary responsibility for protecting animal welfare, and they have jurisdiction over most criminal and civil matters. All provinces and territories have laws to ensure animal welfare, and some have regulations specific to certain species or aspects of animal welfare. For example, Quebec has the Bill 54, which provides that animals are sentient beings and establishes jail time for animal cruelty.
There have been several attempts to strengthen animal protection laws in Canada. In 2009, Mark Holland tabled Bill C-229, which aimed to update the wording of the Criminal Code regarding animal cruelty. In 2016, MP Nathaniel Erskine-Smith introduced Bill C-246, titled The Modernizing Animal Protection Act, which proposed to strengthen criminal laws against animal cruelty and ban certain practices. While these bills did not pass, they reflect ongoing efforts to improve animal protection in Canada.
Additionally, Canada is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which aims to protect species from over-exploitation through international trade. Imports and exports of species listed under CITES are controlled through a permit system, and it is unlawful to import or possess any wild species of animal or plant listed under CITES without the appropriate permits.
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Protections for primates
In Canada, animals are considered property, with property rights including the rights of possession, use, and enjoyment of property to the exclusion of humans. However, there have been efforts to elevate the status of animals from property to sentient beings. While the bill proposing this change did not pass, some provinces, such as British Columbia, Manitoba, and Ontario, have strong animal protection laws.
When it comes to primates specifically, there are protections in place that vary by province. In general, owning primates as pets in Canada is restricted, and importing primates as pets is prohibited due to public health concerns and the potential for zoonotic disease transmission. However, there may be exceptions for specific primate species or circumstances, such as breeding programs or research.
To import primates into Canada for research purposes, certain conditions must be met. The importing laboratory must be in good standing with the Canadian Council on Animal Care (CCAC) and provide a certificate of Good Animal Practice. Additionally, the primates must be imported from countries with accredited facilities, such as those under the "Canadian Association of Zoos and Aquariums" program.
For the importation of primates for zoo or exhibition purposes, a joint evaluation and risk assessment by Health Canada and the Canadian Food Inspection Agency (CFIA) is required to deem the importation as low-risk. This applies to uncommon species of non-human primates or animals from uncontrolled environments.
In summary, while the specific regulations vary across Canada's provinces, there are protections in place for primates, particularly regarding their importation and ownership as pets. The trend is towards restricting or prohibiting the keeping of primates as pets, with imports allowed only for specific purposes and under strict conditions to ensure the safety and well-being of the primates.
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Bans on ivory and rhino horn
In 2023, the Canadian government implemented stricter measures to protect elephant ivory and rhinoceros horns by further limiting their trade and transportation across Canadian borders. The Minister of Environment and Climate Change, Steven Guilbeault, announced these regulatory amendments, which aim to protect these iconic species for future generations.
The new measures prohibit the import and export of raw elephant ivory and raw rhinoceros horn, with limited exceptions for museums, zoos, scientific research, and law enforcement. Additionally, permits are now required for household items and personal effects containing worked ivory or horn. These changes demonstrate Canada's commitment to protecting and conserving global biodiversity.
Canada's actions are a significant step forward in the defence of imperilled wild animals and a powerful statement against the devastating international trade in their parts. The move has been praised by conservationists and animal protection groups, reflecting the will of Canadians and African nations working to protect elephant and rhino populations.
The ban on ivory and rhino horn trade in Canada is a result of a seven-year campaign by Humane Society International/Canada, which garnered over 700,000 signatures on a petition. This ban sends a strong message that these animals are worth fighting for and sets a precedent for other nations to follow.
The stricter measures ensure that Canada adheres to its obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), utilising a permitting system for imports, exports, and re-exports. Canada's commitment to protecting biodiversity and ending wildlife trade is evident in these recent regulatory changes.
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Protections for dairy animals
In Canada, animals are considered property, with property rights including the rights of possession, use, and enjoyment of property to the exclusion of humans. However, efforts are being made at the provincial level to elevate the status of animals from property to sentient beings. While the federal government has jurisdiction over the import of animals, the provinces have jurisdiction over animals as part of their power to regulate property laws. All provinces and territories have laws to ensure animal welfare, and some have regulations governing specific aspects of animal welfare or certain species.
In terms of protections for dairy animals specifically, there are several federal and provincial regulations governing farming in Canada. Dairy farmers in Canada have developed a national quality assurance program called proAction®, which outlines dairy production requirements in six areas: food safety, milk quality, animal care, livestock traceability, biosecurity, and the environment. proAction® provides a common transparent set of high standards for producing milk responsibly, safely, and sustainably and helps farmers respond to emerging risks faster. It includes 82 standards and practices, 42 of which are related to food safety. To ensure food safety, barns are kept clean and well-ventilated to create a comfortable environment for cows. All milk produced on Canadian dairy farms is inspected and sampled before being transported to a processing plant, where it is tested and analyzed for levels of fat and protein and to verify the absence of antibiotic residues.
To ensure traceability, cows are tagged and their movements are tracked in a database, which helps to reduce response times in tracing animals that have been in contact with a sick cow and to contain the spread of disease. Biosecurity is another important aspect of dairy farming in Canada, with the National Standard being a set of risk management practices intended to address infectious diseases on all types and sizes of dairy production operations. It includes a set of principles and strategies that should be considered by owners, managers, and farm workers when developing a farm-specific biosecurity plan to prevent the introduction and spread of infectious diseases and to protect the health and welfare of dairy animals.
In addition to federal regulations, specific provinces also have legislation in place to protect dairy animals. For example, the Animal Protection Act and Animal Protection Regulations in Saskatchewan provide authority for establishing animal health programs, biosecurity measures, quarantine orders, and surveillance zone orders. The province of Yukon also has the Animal Protection and Control Act and Animal Protection and Control Regulation, which require all animal owners to provide care and control of the animals they own.
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Hunting and trapping regulations
Provincial and Territorial Authority
Canada's provinces and territories have significant autonomy over hunting and trapping regulations within their jurisdictions. They can enact quasi-criminal offences and laws, as well as regulate property laws, which include animals. This means that hunting and trapping rules can vary significantly from one province to another. For example, the Province of British Columbia has a comprehensive "Hunting and Trapping Regulations Synopsis" that outlines the rules for hunters and trappers within its boundaries.
International Commitments
Canada is a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This convention aims to protect species from over-exploitation through international trade. CITES lists thousands of animal and plant species, and it is unlawful in Canada to import or possess any listed species or their derivatives without the appropriate permits. The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) is the legislation through which Canada implements its commitments under CITES.
Specific Species Protections
There are specific regulations in Canada regarding the hunting and trapping of certain species. For instance, there are ongoing debates about the ethical and environmental implications of the commercial seal hunt on Canada's east coast, which is the largest hunt for marine mammals globally. Additionally, Canada is the only country that still permits the trophy hunting of polar bears, despite the species facing extinction due to climate change and commercial hunting.
Cruelty and Welfare Considerations
Canada has seen several attempts to strengthen animal protection laws and address cruelty concerns. Bills such as C-246, proposed by MP Nathaniel Erskine-Smith, aimed to amend the Criminal Code and improve language against animal cruelty, including prohibiting the import and sale of cat and dog fur. While this particular bill did not pass, it reflected a broader trend towards recognising animals as sentient beings rather than property, with provinces like Quebec, British Columbia, Manitoba, and Ontario leading the way in animal protection laws.
Motor Vehicle Restrictions
In certain areas, motor vehicles may be prohibited or restricted to protect sensitive fish and wildlife habitats. For example, the Province of British Columbia has implemented such measures to minimise disturbance to wildlife and their environments.
Trapping Regulations
Trapping animals is legal in all Canadian provinces and territories, but the use of certain traps, such as leg hold traps, has been criticised as cruel and outdated. Organisations like Animal Justice are campaigning to ban wildlife trapping and end cruel hunting practices.
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Frequently asked questions
Animals in the Canadian legal system are considered property. However, there are laws in place to protect animal welfare, and efforts are being made to elevate their status from property to sentient beings.
Each province and territory in Canada has laws to ensure animal welfare, and there are also federal laws in place. For example, the Criminal Code of Canada prohibits anyone from willfully causing animals to suffer from neglect, pain, or injury. Other acts and regulations, such as the Milk Industry Act and Milk Industry Standards Regulation, provide protections for specific types of animals, like dairy animals during handling, housing, and milking.
Yes, Canada is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This convention protects over 6,610 species of animals against over-exploitation through international trade. Imports and exports of species listed under CITES are controlled through a permit system, and it is illegal to bring these species across Canadian borders without the appropriate permits.
Yes, in general, owning primates as pets in Canada is largely restricted, and specific regulations vary by province. While there may be exceptions for certain species or circumstances, the overall trend is towards restrictions or prohibitions on keeping primates as pets.
Yes, the Canadian Food Inspection Agency (CFIA) has a mandate to regulate the humane transport of animals and the humane treatment of food animals in federal abattoirs. Additionally, each province and territory has its own legislation to protect the welfare of farm animals and companion animals.
