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O. Reg. 761/20: POSSESSION, BUYING AND SELLING OF WILDLIFE

filed December 16, 2020 under Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41

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ontario regulation 761/20

made under the

Fish and Wildlife Conservation Act, 1997

Made: December 10, 2020
Filed: December 16, 2020
Published on e-Laws: December 17, 2020
Printed in The Ontario Gazette: January 2, 2021

Amending O. Reg. 666/98

(POSSESSION, BUYING AND SELLING OF WILDLIFE)

1. Sections 4.1 to 4.4 of Ontario Regulation 666/98 are revoked and the following substituted.

4.1 (1) No person shall, except as provided in this section, transport into Ontario or possess in Ontario the whole or any part of a cervid that has died outside Ontario.

(2) Subsection (1) does not apply to a person who transports into Ontario or possesses in Ontario,

(a) meat from a cervid that has been butchered, deboned and packaged before it was transported into Ontario;

(b) finished taxidermy mounts;

(c) tanned skin; or

(d) antlers or a skull cap with antlers attached, as long as there is no tissue or skin attached to them and they are separate from the skull.

(3) A person who possesses a thing referred to under subsection (2) shall ensure that, while the thing is being transported in Ontario, it is plainly marked to show the species from which the thing comes, the name and address of the person to whom the thing belongs and the place where the thing was acquired.

(4) Subsection (1) does not apply to a person who possesses the whole or any part of a cervid that has died outside Ontario for the purposes of research at a laboratory research facility certified to handle prion disease agents under the Health of Animals Act (Canada) if, from the time it is brought into Ontario until the time it is used, it is sealed in a container from which nothing can escape.

(5) Subsection (1) does not apply to a person who is temporarily in transit through Ontario and possesses the whole or any part of a cervid that has died outside Ontario in a container from which nothing can escape.

(6) The exceptions in subsections (2) and (5) do not apply if the person knew or ought to have known that the cervid had tested positive for chronic wasting disease prior to its transport into Ontario.

4.2 A person shall not possess a thing in a container under subsection 4.1 (4) or (5) unless the container is labelled to show the species from which the thing comes, the name and address of the person to whom the container belongs and the place where the thing was acquired.

4.3 (1) A person who possesses the whole or any part of a cervid that has died outside Ontario or who transported the whole or any part of a cervid that has died outside Ontario into Ontario shall, within 24 hours of learning that the cervid has tested positive for chronic wasting disease,

(a) notify a district manager of the Ministry of that fact; and

(b) submit to the district manager details of the transportation of the cervid, and any other information required by the district manager.

(2) Any person who possesses the whole or any part of a cervid that has died outside Ontario and was transported into Ontario and that has tested positive for chronic wasting disease shall dispose of it in accordance with the directions of the Ministry.

4.4 A person shall not use or possess a product that contains or purports to contain the faeces, urine, blood, gland oil, saliva or other bodily fluids of a cervid including a cervid that is a farmed animal.

2. Section 30.1 of the Regulation is revoked and the following substituted:

30.1 (1) No person shall transport a live cervid into Ontario, including a cervid intended to be kept as a farmed animal, unless the person has been issued a permit from the Minister authorizing the transport of the cervid into Ontario.

(2) The Minister shall not issue a permit under subsection (1) unless,

(a) the cervid originates from a jurisdiction that has been free from chronic wasting disease for at least six years immediately prior to the date of transport of the cervid into Ontario; and

(b) the Minister has received a written notice issued by the Minister of Agriculture, Food and Rural Affairs as described in subsection (3) in respect of the cervid.

(3) A notice issued by the Minister of Agriculture, Food and Rural Affairs shall indicate that that Minister is satisfied that,

(a) a qualified veterinarian has confirmed that the cervid being transported into Ontario is from a herd that is fully certified in a chronic wasting disease herd certification program established in the jurisdiction from which the cervid is being imported; and

(b) the cervid is unlikely to be at risk of spreading chronic wasting disease based on a qualified veterinarian’s assessment of the cervid’s health and movement history.

(4) A person transporting a live cervid into Ontario under the authority of a permit issued under subsection (1) shall, subject to subsection (5), deliver the cervid to,

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

(b) a place of captivity that meets the requirements set out in subsection (6).

(5) Subsection (4) does not apply if the cervid is only in Ontario for the purpose of temporary transit through Ontario.

(6) A place of captivity to which a live cervid 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 cervid 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.

(7) A person who is issued a permit under subsection (1) and any person who possesses a cervid that was transported into Ontario pursuant to a permit issued under subsection (1) shall ensure the cervid is identified with a unique number.

(8) Any person who accepted delivery of a woodland caribou, American elk, white-tailed deer or moose transported into Ontario pursuant to a permit issued under this section as it read immediately before January 1, 2021 shall ensure that all woodland caribou, American elk, white-tailed deer or moose the person keeps in captivity, including those that are farmed animals, are identified with a unique number.

(9) No person shall possess a live cervid transported into Ontario contrary to subsection (1).

30.2 (1) This section applies to any live cervid that is being kept in captivity in Ontario including those that are farmed animals.

(2) No person shall transport a live cervid that is being kept in captivity in Ontario except under the authority of a permit issued by the Minister.

(3) The Minister shall not issue a permit under subsection (2) unless,

(a) the cervid,

(i) was born and has lived its entire life in Ontario,

(ii) has lived in Ontario for at least five years prior to the date of transportation into Ontario,

(iii) was transported into Ontario after January 1, 2021 in accordance with subsection 30.1 (1), or

(iv) was transported into Ontario prior to January 1, 2021, and the only other jurisdiction that the cervid lived in was a jurisdiction that has been free from chronic wasting disease for at least six years prior to the date it was transported into Ontario and originated from a herd that was fully certified in a chronic wasting disease herd certification program established in that jurisdiction;

(b) the cervid has not been in contact with any other cervids other than a cervid that meets one of the criteria described in clause (a); and

(c) the Minister has received a written notice issued by the Minister of Agriculture, Food and Rural Affairs described in subsection (4) in respect of the cervid.

(4) A notice issued by the Minister of Agriculture, Food and Rural Affairs shall indicate that that Minister is satisfied that the cervid,

(a) meets the criteria set out in clauses (a) and (b) of subsection (3); and

(b) is unlikely to be at risk of spreading chronic wasting disease based on a qualified veterinarian’s assessment of the cervid’s health and movement history.

(5) A person transporting a cervid within Ontario under the authority of a permit issued under subsection (2) shall deliver the animal to a place of captivity that meets the requirements set out in subsection 30.1 (6).

(6) A person who is issued a permit under subsection (2) and any person who possesses a cervid that was transported within Ontario pursuant to a permit issued under subsection (2) shall ensure the cervid is identified with a unique number.

30.3 (1) Subsection 30.2 (2) does not apply in the following circumstances:

1. The cervid is being transported to a place for slaughtering in which the animal is slaughtered immediately upon arrival.

2. The cervid is being transported to a location outside of Ontario.

3. The cervid is being transported to another location within Ontario solely for the purposes of a temporary exhibit, display or event provided the cervid,

i. is at the exhibit, display or event for no longer than 14 days,

ii. is returned to the place of captivity upon completion of the exhibit, display or event,

iii. does not have any contact with cervids from any other location while at the exhibit, display or event, and

iv. is identified with a unique number while at the exhibit, display or event.

4. The cervid is a wild American elk, moose, white-tailed deer or woodland caribou that is being transported to or from a place of temporary captivity for the purposes of,

i. medical treatment by a veterinarian, or

ii. rehabilitation or care by a wildlife custodian who is authorized to keep the species in captivity under section 44 the Act.

30.4 Any person transporting a live cervid into Ontario or within Ontario, including a cervid that is a farmed animal or intended to be kept as such, shall keep the cervid securely contained in the transit vehicle at all times during transportation.

30.5 A reference to a cervid in sections 30.1 to 30.4 includes a reference to its gamete.

Commencement

3. This Regulation comes into force on the later of January 1, 2021 and the day it is filed.