Question Period Note: Cetacean Export

• Canada takes its role in protecting marine mammals seriously.
• As the Minister of Fisheries, I have the authority to issue permits for the import or export of these animals if it is in the best interest of the cetacean’s welfare to do so, or for conducting scientific research.
• My Department assesses each permitting request for the import or export of marine mammals with careful consideration to the animals and their unique circumstances, and the purpose of the import or export.

Canadian legislation aimed at ending the captivity of cetaceans
• In June 2019, the Fisheries Act and the Criminal Code were amended to, among other things, end the practice of keeping cetaceans in captivity in Canada.
• With some narrow exceptions, the amendments prohibit keeping cetaceans in captivity, fishing for a cetacean with the intent to take it into captivity, breeding them, possessing or seeking to obtain their reproductive material, and the unauthorized import and export of living cetaceans, sperm, egg, or embryo of a cetacean.
• While the cetaceans that were in captivity in Canada at the coming into force of the new legislation can remain in captivity, the amendments include a prohibition against, simply put, using captive cetaceans in performances for entertainment purposes, unless the facility obtains a licence to do so from the province in which it is located.

Process for applying for a permit to export a living cetacean
To export a living cetacean from Canada, two types of permits are required:
• A Fisheries Act (FA) permit
• Under Subsection 23.2(2) of the Fisheries Act, the Minister may issue a permit authorizing the exportation of a living cetacean (or the sperm, egg, or embryo of a cetacean) and impose any conditions that the Minister considers appropriate in the permit, only if the exportation is for the purpose of:
o Conducting scientific research; or
o Keeping the cetacean in captivity if it is in the best interests of the cetacean’s welfare to do so.
• A permit issued under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which implements the Convention on the International Trade in Endangered Species of Wild Flora and Fauna (CITES).
• Factors that are considered when deciding whether or not to issue a CITES export permit include whether the:
o Import/export would be detrimental to the survival of the species;
o Animals were obtained legally, which is verified through the appropriate documentation; and
o Animals will be moved in a way that will minimize the risk of injury, damage to health or cruel treatment. Where an animal will be shipped by air, this is done by ensuring that the transportation plan for the live animals meets the standards of the International Air Transport Association’s Live Animal Regulations, which have been designed to minimize the risk of injury, damage to health or cruel treatment.

Recent media coverage
• Recent media coverage has heightened public concerns regarding the future welfare of the cetaceans at Marineland, including: reports on Marineland’s transition to new ownership, that they are seeking to relocate the marine mammals currently held at their facility, and the recent death of a beluga whale and harbour seal at Marineland. Marineland is the only aquarium in Canada that currently holds cetaceans.
• While some animal rights groups have looked to the federal government for action, the jurisdiction related to cetaceans in captivity is a shared one, as aquatic parks and zoos, animal care and private property of animals are under provincial jurisdiction in Canada.
• While the whale sanctuary project in Nova Scotia is still under development and continues to be in the planning phase, animal rights groups have expressed their desire to see both federal and provincial governments support and expedite the creation of sanctuaries to allow for the transfer of Marineland’s belugas. Globally, whale sanctuaries have had limited success.

If pressed on the closure of Marineland
• I am aware of current media reports regarding the closure of Marineland in Ontario and the public’s concerns regarding the health of the animals.
• I cannot comment on specific requests regarding permits but can confirm no cetacean export permits have been issued since May 2021.

If pressed on recent reports that Marineland is seeking to export cetaceans to a facility abroad
· In 2019, Parliament amended the Criminal Code and the Fisheries Act to, among other things, prohibit the unauthorized captivity of cetaceans in Canada.
· Under Canadian law, a Canadian facility must obtain two types of permits to export cetaceans: one under the Fisheries Act (as a result of the 2019 amendments) and one under the Convention on the International Trade in Endangered Species of Wild Flora and Fauna.
· Each request for export is given due consideration through an assessment of the individual animals, their special circumstances and the purpose of the export.

If pressed on whether the cetaceans can be relocated to a sanctuary
• My Department is aware of global efforts to establish seaside sanctuaries aimed at hosting cetaceans formerly kept in captivity.
• These efforts are in various stages of development, including the Whale Sanctuary Project in Nova Scotia.
• We will continue to monitor their development as planning progresses.