Policy for obtaining a Ministerial licence to keep a cetacean in captivity in the best interests of the cetacean’s welfare

Introduction

In Canada, no person shall keep a cetacean in captivity for reasons related to the cetacean’s welfare, except where authorized by a relevant authority. A person who wants to keep a cetacean in captivity in the best interests of the cetacean’s welfare must obtain a licence issued by the relevant province pursuant to paragraph 445.2 (3) (c) of the Criminal Code, or a licence issued by the Minister of Fisheries, Oceans, and the Canadian Coast Guard pursuant to s. 23.4 (2) of the Fisheries Act.

Under s. 23.4 (2) of the Fisheries Act, the Minister may issue a licence authorizing any person to keep a cetacean in captivity in the best interests of the cetacean’s welfare and impose any conditions that the Minister considers appropriate in the licence.

It is understood that the legislators granted this authority to the Minister with the expectation that keeping a new cetacean in captivity in Canada may be required in the future, if it is in the best interests of the cetacean’s welfare. This would be applicable, for example, when a rescued wild cetacean cannot be released following rehabilitation attempts.

Of note:

• The above licence requirement applies to cetaceans already in captivity in Canada^{Footnote 1}. It also applies to cetaceans being imported into Canada, once they have arrived.
• The above licence requirement does not apply to federal employees^{Footnote 2}, including DFO employees, who are performing their duties or functions in relation to the keeping of a cetacean in captivity in the best interests of the cetacean’s welfare and to persons who are assisting them.
• As well, it does not apply to a person who has the custody of or controls a cetacean that was taken into captivity pursuant to a licence issued by the Minister of Fisheries, Oceans, and the Canadian Coast Guard to fish for a cetacean for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress, while the assistance or care contemplated by the licence is being provided.
• It also does not apply to cetaceans that were already in captivity in Canada as of June 21, 2019 (and to their offspring if they were conceived before June 21, 2019).

Conditions for obtaining a licence to keep a cetacean in captivity in the best interests of the cetacean’s welfare

1. In the case where the cetacean is already in Canada:
   1. The applicant must submit a written justification explaining why keeping the cetacean in captivity is in the best interests of the cetacean’s welfare;
   2. If a transfer of ownership, custody or control of the cetacean is involved:
      1. The justification in paragraph i.1 must also explain how the cetacean will benefit from the transfer (the rationale can be based on operational constraints, or the availability of care or appropriate captivity companion(s), or other considerations related to the quality of life of the cetacean);
      2. The applicant must submit a document describing the mitigation strategies that will be taken to minimize risks related to transportation and the integration of the cetacean into its new environment (these risks include the removal from tanks, transport by truck(s) and plane(s), introduction to the new captive environment and the potential impacts on the other captive cetaceans);
   3. The standards of care at the Canadian facility in which the cetacean will be kept must be consistent with or exceed the “CCAC guidelines on: the care and use of marine mammals”; and,
   4. If a wild cetacean is to be transferred from a rescue center to a permanent facility, or is to be kept on a permanent basis within a rescue center where it was first placed for rehabilitation, the applicant must submit an assessment explaining why the cetacean cannot be released into the wild, which must be consistent with the most up to date DFO scientific advice (e.g. DFO. 2018. Advice on Criteria for the Release of Rehabilitated Marine Mammals. 11pp. SAR 2018/026).
2. In the case where the cetacean is being imported into Canada:
   1. If the applicant meets the conditions for obtaining a permit to import a cetacean for reasons related to the cetacean’s welfare under s. 23.2 (2) (b) of the Fisheries Act, the applicant should also apply for a licence under s. 23.4 (2) of the Fisheries Act, which will most likely also be issued if the applicant so requests. It would be advisable to apply for both the permit under s. 23.2 (2) (b) and the licence under s. 23.4 (2) in advance of the arrival of the cetacean in Canada. [The applicant also has the option to request a licence from the relevant province pursuant to paragraph 445.2 (3) (c) of the Criminal Code.]

Request an authorisation, permit or licence

If you are seeking to obtain an authorization, permit or licence under the Fisheries Act in relation to captive cetaceans or reproductive materials of cetaceans, you can contact Fisheries and Oceans Canada through the following email address: DFO.CCP-PCC.MPO@dfo-mpo.gc.ca.

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