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O. Reg. 324/10: Possession, Buying and Selling of Wildlife

filed August 17, 2010 under Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41

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ontario regulation 324/10

made under the

Fish and wildlife conservation Act, 1997

Made: August 10, 2010
Filed: August 17, 2010
Published on e-Laws: August 18, 2010
Printed in The Ontario Gazette: September 4, 2010

Amending O. Reg. 666/98

(Possession, Buying and Selling of Wildlife)

1. The definition of “cervid” in section 1 of Ontario Regulation 666/98 is revoked and the following substituted:

“cervid” means a member of a species of the deer family;

2. The Regulation is amended by adding the following section:

30.1 (1) For the purposes of section 53 of the Act, a permit is required for the transport by any person of a live woodland caribou, white-tailed deer, American elk or moose into Ontario, whether or not the animal is intended to be kept as a farmed animal.

(2) The Minister shall not issue a permit referred to in subsection (1) to a person unless,

(a) the person provides the Minister with a written notice issued by the Minister of Agriculture, Food and Rural Affairs and described in subsection (3), and

(b) the qualifications described in subsection (4) are met.

(3) A notice issued by the Minister of Agriculture, Food and Rural Affairs shall indicate that that minister is satisfied that the animal being transported into Ontario,

(a) is from a herd that,

(i) participates in a chronic wasting disease surveillance programme established in the herd’s home jurisdiction, and

(ii) is certified by a qualified veterinarian in accordance with that programme; and

(b) is unlikely to be at risk of spreading chronic wasting disease based on,

(i) a qualified veterinarian’s assessment of the animal’s health, and

(ii) the animal’s history of movement over the last 36 months.

(4) It is a qualification for any permit for the transport into Ontario of a live woodland caribou, white-tailed deer, American elk or moose that the animal being transported be delivered to,

(a) a place for slaughtering in which the animal is slaughtered immediately upon arrival; or

(b) a place of captivity that meets the requirements set out in subsection (5).

(5) A place of captivity to which a live woodland caribou, white-tailed deer, American elk or moose is delivered must have adopted the following measures in order to prevent the introduction and spread of disease:

1. The place has a two gate system through which vehicles transporting animals must pass before the animals are released and the gates are separated by sufficient space so as to allow vehicles to stop between the gates as the first gate is being shut and the second gate is being opened.

2. The place is enclosed by a system of double fencing that is designed to prevent a captive woodland caribou, white-tailed deer, American elk or moose from escaping or has one of the following means of preventing such animals from escaping that is as effective as a system of double fencing:

i. The place is enclosed by a single fence and a system of electrified fencing.

ii. The place is enclosed by a single fence that is sufficiently high and solid to prevent the animals from escaping.

iii. The place has a system of landscaping arrangements and natural barriers that are sufficient to prevent the animals from escaping.

3. The place ensures that all captive woodland caribou, white-tailed deer, American elk or moose that are kept in the place are identified with a unique number.

3. This Regulation comes into force on the later of July 1, 2010 and the day it is filed.