c-61.1, r. 20.1.1 - Regulation respecting licences to keep animals in captivity

Updated to 6 September 2018

This document has official status.

chapter C-61.1, r. 20.1.1

Regulation respecting licences to keep animals in captivity

Act respecting the conservation and development of wildlife

(chapter C-61.1, s. 163, 1st par., subpars. 1 to 3 and 12).

CHAPTER I GENERAL

M.O. 2018-008, c. I.

1. In this Regulation, subspecies, species, genera, families or orders are classified according to the scientific nomenclature provided in the Catalogue of Life: 2017 Annual Checklist, published by Species 2000 and Integrated Taxonomic Information System (ITIS).

The scientific nomenclature prevails over common names.

M.O. 2018-008, s. 1.

DIVISION I CATEGORIES AND CLASSES OF LICENCES

M.O. 2018-008, Div. I.

§ 1 . — Categories

M.O. 2018-008, Sd. 1.

2. A licence authorizing the keeping in captivity, capture or disposal belongs to one of the following categories:

(1)  general licence to keep animals;

(2)  specific licence to keep birds of prey;

(3)  professional licence to keep animals;

(4)  professional licence to temporarily keep animals;

(5)  professional licence to keep animals on a game ranch or a breeding farm;

(6)  professional licence to capture and keep amphibians;

(7)  licence to keep native animals for rehabilitation purposes;

(8)  licence to temporarily keep animals in transit;

(9)  licence to capture birds of prey.

M.O. 2018-008, s. 2.

3. A general licence to keep animals authorizes its holder to keep on a keeping site

(1)  the animals listed in Schedule 1 for the class of licence and belonging to an order for which it was issued; and

(2)  more than 15 specimens of a same species or a same subspecies listed in Schedule 2 to the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1).

M.O. 2018-008, s. 3.

4. A specific licence to keep birds of prey authorizes its holder to keep, on a keeping site, the birds of prey listed in Schedule 2 for the class of licence.

M.O. 2018-008, s. 4.

5. A professional licence to keep animals authorizes its holder to keep on a keeping site

(1)  the animals listed in Schedule 1 to the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1); and

(2)  more than 15 specimens of a same species or a same subspecies listed in Schedule 2 to the Regulation respecting animals in captivity.

M.O. 2018-008, s. 5.

6. A professional licence to temporarily keep animals authorizes its holder to keep, on a number of keeping sites, the animals listed in Schedule 1 to the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1).

M.O. 2018-008, s. 6.

7. A professional licence to keep animals on a game ranch or a breeding farm authorizes its holder to keep, on a keeping site, the animals listed in Schedule 3.

M.O. 2018-008, s. 7.

8. A professional licence to capture and keep amphibians authorizes its holder to capture, keep, on a keeping site, more than 15 specimens of a same species of amphibian listed in Schedule 4 and dispose of those specimens.

M.O. 2018-008, s. 8.

9. A licence to keep native animals in rehabilitation authorizes its holder to keep in rehabilitation on a keeping site

(1)  the native animals listed in Schedule 1 to the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1); and

(2)  more than 15 specimens of a same species or a same subspecies listed in Schedule 2 to the Regulation respecting animals in captivity.

M.O. 2018-008, s. 9.

10. A licence to temporarily keep animals in transit authorizes its holder to keep

(1)  the animals listed in Schedule 1 to the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1); and

(2)  more than 15 specimens of a same species or a same subspecies listed in Schedule 2 to the Regulation respecting animals in captivity.

M.O. 2018-008, s. 10.

11. A licence belonging to one of the categories provided for in paragraphs 1 to 5, 7 and 8 of section 2 authorizes its holder to dispose of animals kept in accordance with the licence and capture those animals where they have escaped.

M.O. 2018-008, s. 11.

12. A licence to capture birds of prey authorizes its holder to capture a juvenile bird of prey belonging to one of the following species:

(1)  a red-tailed hawk (Buteo jamaicensis);

(2)  a northern goshawk (Accipiter gentilis);

(3)  a Cooper’s hawk (Accipiter cooperii);

(4)  a merlin (Falco columbarius).

M.O. 2018-008, s. 12.

§ 2 . — Classes

M.O. 2018-008, Sd. 2.

13. A general licence to keep animals, a specific licence to keep birds of prey or a professional licence to keep animals belongs to one of the following classes:

(1)  class 1, which authorizes its holder to keep a maximum of 15 specimens;

(2)  class 2, which authorizes its holder to keep a maximum of 50 specimens;

(3)  class 3, which authorizes its holder to keep a maximum of 100 specimens;

(4)  class 4, which authorizes its holder to keep a maximum of 150 specimens;

(5)  class 5, which authorizes its holder to keep a maximum of 500 specimens;

(6)  class 6, which authorizes its holder to keep an unlimited number of specimens.

Amphibians at the tadpole or egg stage are not counted for the purposes of this section.

M.O. 2018-008, s. 13.

DIVISION II CONDITIONS FOR THE ISSUE OF A LICENCE

M.O. 2018-008, Div. II.

14. To be eligible to obtain a licence, an applicant must

(1)  if the applicant is a natural person, be at least 18 years of age;

(2)  have paid the amounts exigible under the Act respecting the conservation and development of wildlife (chapter C-61.1) or one of the regulations thereunder;

(3)  not have been convicted, in the 5 years preceding the licence application, of an offence under

(a)  sections 444 to 447.1 of the Criminal Code (R.S.C. 1985, c. C-46);

(b)  section 47 or 48 of the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1); or

(c)  section 6 of the Animal Welfare and Safety Act (chapter B-3.1);

(4)  in the case of an application for a general licence to keep animals:

(a)  class 1, have at least 1 year of experience in the keeping in captivity of species belonging to the same order or to an order comparable to that of the animals covered by the application or be supervised by a person having such experience;

(b)  class 2 to class 6, have at least 3 years of experience in the keeping in captivity of species belonging to the same order or to an order comparable to that of the animals covered by the application;

(5)  in the case of an application for a specific licence to keep birds of prey:

(a)  class 1, have at least 1 year of experience in the keeping in captivity of birds of prey or be supervised by a person having such experience;

(b)  class 2 to class 6, have at least 3 years of experience in the keeping in captivity of birds of prey; and

(6)  in the case of an application for a licence to capture birds of prey, hold a specific licence to keep birds of prey or a professional licence to keep animals.

M.O. 2018-008, s. 14.

15. An application for a professional licence to keep animals must cover one of the following activities:

(1)  the exhibition of animals in a zoological garden or an aquarium for at least 90 days per year, including a minimum of 50 days between 1 July and 1 September;

(2)  the training of animals for audiovisual productions;

(3)  the brokerage of animals;

(4)  the collection of animal by-products not intended for human consumption;

(5)  the scaring of troublesome animals using birds of prey;

(6)  the production of animal shows;

(7)  the handling of animals that were abandoned or given away to keep them in a sanctuary, put them up for adoption or euthanize them, without breeding them;

(8)  animal testing in a teaching or a scientific research institution.

M.O. 2018-008, s. 15.

16. An application for a professional licence to temporarily keep animals must cover one of the following activities:

(1)  the production of animal shows;

(2)  the travelling exhibit of animals.

M.O. 2018-008, s. 16.

17. An application for a professional licence to keep animals on a game ranch or a breeding farm must cover one of the following activities:

(1)  the raising of animals for the meat trade or other food products;

(2)  the killing of animals in an enclosure using a hunting implement referred to in section 31 of the Regulation respecting hunting (chapter C-61.1, r. 12) following stalking, chasing or hunting from a blind.

M.O. 2018-008, s. 17.

18. An application for a professional licence to capture and keep amphibians must cover the trade of amphibians.

M.O. 2018-008, s. 18.

19. A person may only hold 1 licence to capture birds of prey per year.

M.O. 2018-008, s. 19.

20. An application for a licence must be filed using the form provided for that purpose.

The form must contain the following information:

(1)  with respect to the applicant:

(a)  in the case of a natural person: the person’s name, telephone number, home address and, where applicable, the name, telephone number and address of the person’s enterprise;

(b)  in other cases: the name and telephone number of the enterprise, address of its head office and, if located outside Québec, of its principal establishment in Québec, and the name of the person authorized to represent the enterprise;

(c)  the business number, if the enterprise is registered in the enterprise register established under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  the activity for which the licence is applied for, in the case of an application for one of the following licences:

(a)  a professional licence to keep animals;

(b)  a professional licence to temporarily keep animals;

(c)  a professional licence to keep animals on a game ranch or a breeding farm;

(3)  the particulars of the keeping site, except in the case of an application for

(a)  a professional licence to temporarily keep animals;

(b)  a licence to temporarily keep animals in transit; or

(c)  a licence to capture birds of prey;

(4)  where applicable, the name, telephone number and address of the veterinary surgeon available to provide the animals with health care in case of emergency;

(5)  in the case of an application for a professional licence to temporarily keep animals, the information on the locations where the animals will be exhibited to the public and the dates of the exhibition;

(6)  in the case of an application for a licence to temporarily keep animals in transit, the dates on which the animals enter and leave the territory of Québec;

(7)  in the case of an application for a licence to capture birds of prey, the number of the specific licence to keep birds of prey or of the professional licence to keep animals held by the applicant.

The fees provided for in the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32) must be filed with the application.

M.O. 2018-008, s. 20.

21. The following documents must be filed with the application:

(1)  where applicable, the power of attorney or a certified true copy of the resolution authorizing the filing of the application and authorizing the applicant’s representative to file the application;

(2)  a list indicating the scientific binomen and the number of specimens of each species covered by the licence application, except in the case of an application for one of the following licences:

(a)  a professional licence to capture and keep amphibians;

(b)  a licence to capture birds of prey;

(3)  in the case of an application for a general licence to keep animals or a specific licence to keep birds of prey, a description of the applicant’s experience or, if the applicant is supervised by a person in accordance with paragraph 4 or 5 of section 14, the name, telephone number and home address of that person, and a description of the person’s experience;

(4)  a plan to scale of each keeping facility or, in the case of an application for a professional licence to keep animals for animal testing in a teaching or scientific research institution, the standard operating procedures describing the facilities, except in the case of an application for

(a)  a licence to temporarily keep animals in transit; or

(b)  a licence to capture birds of prey;

(5)  in the case of an application for a professional licence to temporarily keep animals or a licence to temporarily keep animals in transit, a description of the transport cages and the animal transport conditions;

(6)  in the case of an application for a licence belonging to class 5 or class 6, a copy of the employment contracts showing that the holder employs persons meeting the criteria set out in section 40;

(7)  in the case of an application for a licence to keep native animals in rehabilitation or a licence belonging to any of class 2 to class 5, a copy of the service contract showing that the holder receives services from a veterinary surgeon in accordance with section 41 or a written confirmation from the veterinary surgeon offering the services;

(8)  a report from a veterinary surgeon certifying, on the basis of examinations performed in the month preceding the filing of the application, that the animals entered on the list provided for in subparagraph 2 that will be imported to Québec are in good health and, where applicable, meet the conditions set out in section 14 of the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1), in the case of an application for

(a)  a professional licence to temporarily keep animals; or

(b)  a licence to temporarily keep animals in transit;

(9)  a description of the route that will be taken in Québec by the animals covered by an application for a licence to temporarily keep animals in transit;

(10)  where applicable, a copy of the civil liability insurance policy complying with section 43;

(11)  where applicable, a description of the measures that will be taken to prevent transmission to the public of a pathogen listed in Schedule 3 or Schedule 5 to the Regulation respecting animals in captivity with respect to animals that could be handled by the public;

(12)  in the case of an application for a professional licence to keep animals for animal testing in a teaching or a scientific research institution, a copy of the Certificate of GAP - Good Animal Practice of the Canadian Council on Animal Care.

The plans of the keeping facilities, the standard procedures and the descriptions of the transport cages must show that they comply with the Regulation respecting animals in captivity.

M.O. 2018-008, s. 21.

DIVISION III TERM AND CONTENT OF A LICENCE

M.O. 2018-008, Div. III.

22. The period of validity of a licence ends on 31 March of each year, except

(1)  the professional licence to temporarily keep animals, whose validity period is 90 days; and

(2)  the licence to temporarily keep animals in transit, whose validity period is 7 days.

If an application for renewal or the fees are received after 1 March, but before 31 March, the validity period of the licence is extended by 30 days.

M.O. 2018-008, s. 22.

23. A licence must contain in particular the following information:

(1)  with respect to the licence:

(a)  its category and, where applicable, its class and the orders of the animals the keeping of which is authorized;

(b)  its identification number;

(c)  its date of issue;

(d)  its expiry date, in the case of a professional licence to temporarily keep animals or a licence to temporarily keep animals in transit;

(2)  with respect to the holder:

(a)  in the case of a natural person:

i.  the person’s name and, where applicable, the name of the person’s enterprise;

ii.  the person’s home address or, where applicable, the address of the person’s enterprise;

(b)  in other cases: the name of the enterprise, the address of its head office and the name of the person authorized to represent the enterprise;

(c)  the business number, if the enterprise is registered in the enterprise register established under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(3)  where applicable, the particulars on the keeping sites.

M.O. 2018-008, s. 23.

DIVISION IV CONDITIONS FOR THE REPLACEMENT OF A LICENCE

M.O. 2018-008, Div. IV.

24. An application for the replacement of a licence may be filed using the form provided for that purpose, in order to change the particulars on the keeping site.

The form must contain in particular the following information:

(1)  the identification number of the licence;

(2)  with respect to the applicant:

(a)  in the case of a natural person: the person’s name, telephone number, home address and, where applicable, the name, telephone number and address of the person’s enterprise;

(b)  in other cases: the name and telephone number of the enterprise, the address of its head office and, if it is located outside Québec, of its principal establishment in Québec and the name of the person authorized to represent the enterprise;

(c)  the business number, if the enterprise is registered in the enterprise register established under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(3)  the particulars of the new keeping site.

The fees provided for in the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32) must be filed with the application.

M.O. 2018-008, s. 24.

25. The following documents must be filed with the application:

(1)  where applicable, the power of attorney or a certified true copy of the resolution authorizing the filing of the application and authorizing the applicant’s representative to file the application;

(2)  a plan to scale of the keeping facilities of the new keeping site or, in the case of an application for the replacement of a professional licence to keep animals for animal testing in a teaching or scientific research institution, the standard operating procedures describing the facilities.

M.O. 2018-008, s. 25.

26. The animals covered by the licence must be kept on the new keeping site not later than 45 days after the date of issue of the replacement licence.

M.O. 2018-008, s. 26.

27. The holder of a general licence to keep animals may, upon renewal, request the addition of an order to the licence or a change of class.

The holder of a specific licence to keep birds of prey or a professional licence to keep animals may, upon renewal, request a change of class.

Where applicable, paragraphs 4 and 5 of section 14 apply to those applications, with the necessary modifications.

M.O. 2018-008, s. 27.

28. The holder of a professional licence to keep animals or a professional licence to keep animals on a game ranch or a breeding farm may, on renewal, request the modification of the activity for which the licence is issued to the holder.

M.O. 2018-008, s. 28.

DIVISION V CONDITIONS FOR THE RENEWAL OF A LICENCE

M.O. 2018-008, Div. V.

29. The following licences are not renewable:

(1)  a professional licence to temporarily keep animals;

(2)  a licence to temporarily keep animals in transit;

(3)  a licence to capture birds of prey.

M.O. 2018-008, s. 29.

30. To be eligible for the renewal of a licence, the holder must

(1)  have paid the amounts exigible under the Act respecting the conservation and development of wildlife (chapter C-61.1) or one of the regulations thereunder; and

(2)  not have been convicted in the year preceding the renewal application, of an offence under

(a)  sections 444 to 447.1 of the Criminal Code (R.S.C. 1985, c. C-46);

(b)  section 47 or 48 of the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1); or

(c)  section 6 of the Animal Welfare and Safety Act (chapter B-3.1).

M.O. 2018-008, s. 30.

31. An application for licence renewal must be filed on the form provided for that purpose.

The form must contain in particular

(1)  the identification number of the licence;

(2)  with respect to the applicant:

(a)  in the case of a natural person: the person’s name, telephone number, home address and, where applicable, the name, telephone number and address of the person’s enterprise;

(b)  in other cases: the name and telephone number of the enterprise, the address of its head office and, if it is located outside Québec, of its principal establishment in Québec and the name of the person authorized to represent the enterprise;

(c)  the business number, if the enterprise is registered in the enterprise register established under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(3)  the particulars of the keeping site;

(4)  where applicable, the name, telephone number and address of the veterinary surgeon available to provide the animals with health care in case of emergency.

The fees provided for in the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32) must be filed with the application.

M.O. 2018-008, s. 31.

32. The following documents must be filed with the application:

(1)  where applicable, the power of attorney or a certified true copy of the resolution authorizing the filing of the application and authorizing the applicant’s representative to file the application;

(2)  a list of the dates of the visual assessments performed in accordance with section 39, in the case of an application for the renewal of a licence belonging to any of class 2 to class 5;

(3)  a copy of the employment contracts showing that the holder employs persons meeting the criteria set out in section 40, in the case of an application for the renewal of an application belonging to class 5 or class 6;

(4)  a copy of a service contract showing that the holder receives the services of a veterinary surgeon in accordance with section 41 or a written confirmation from the veterinary surgeon that he or she is offering the services, in the case of an application for the renewal of

(a)  a licence to keep native animals in rehabilitation; or

(b)  a licence belonging to any of class 2 to class 5;

(5)  where applicable, a copy of the civil liability insurance policy complying with section 43;

(6)  a copy of the register duly completed in accordance with section 45;

(7)  a letter from a veterinary surgeon confirming that the animals are in good health or, if they are injured or ill, that they are receiving the required health care, in the case of an application for the renewal of

(a)  a licence to keep native animals in rehabilitation; or

(b)  a licence belonging to any of class 2 to class 6;

(8)  where applicable, a copy of the necropsy reports drawn up in accordance with section 61 of the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1);

(9)  where applicable, a description of the measures taken to prevent transmission to the public of a pathogen listed in Schedule 3 or Schedule 5 to the Regulation respecting animals in captivity with respect to animals that may be handled by the public;

(10)  a copy of the Certificate of GAP - Good Animal Practice of the Canadian Council on Animal Care, in the case of an application for the renewal of a professional licence to keep animals for animal testing in a teaching or a scientific research institution.

M.O. 2018-008, s. 32.

33. Where the holder of a general licence to keep animals or a specific licence to keep birds of prey requests, upon renewal, the addition of an order to the licence or a change of class, the following documents must be filed with the application:

(1)  in the case of an application for the renewal of a general licence to keep animals concerning the addition of an order to the licence or, in the case of such class 1 licence, the change of class, a list indicating the scientific binomen and the number of specimens of each new species covered by the renewal application;

(2)  a description of the applicant’s experience or, if the applicant is supervised by a person in accordance with paragraph 4 or 5 of section 14, the name, telephone number and home address of that person, and a description of the person’s experience, in the case of an application for the renewal of

(a)  a general licence to keep animals for which a request for adding an order to the licence has been made or, in the case of a class 1 licence, a request for a change of class; or

(b)  a class 1 specific licence to keep birds of prey for which an application for the change of class has been made.

M.O. 2018-008, s. 33.

CHAPTER II PROVISIONS RELATED TO THE OBLIGATIONS OF CERTAIN LICENCE HOLDERS

M.O. 2018-008, c. II.

34. The holder of one of the following licences must maintain the activity for which the licence was issued:

(1)  a professional licence to keep animals;

(2)  a professional licence to temporarily keep animals;

(3)  a professional licence to keep animals on a game ranch or a breeding farm;

(4)  a professional licence to capture and keep amphibians.

M.O. 2018-008, s. 34.

35. Except for the professional licence to keep animals on a game ranch or a breeding farm, no licence to keep animals in captivity allows the keeping of animals for human consumption or fur production.

M.O. 2018-008, s. 35.

36. An animal must be kept on the keeping site indicated on the licence, except if

(1)  the animal is transported to another keeping site by a person other than its keeper;

(2)  the animal is boarding at or on loan to another holder of a licence to keep animals in captivity;

(3)  the animal is hospitalized;

(4)  during less than 90 days,

(a)  the animal accompanies its keeper during travel;

(b)  the animal is in isolation, in preparation for its departure or for quarantining;

(5)  in the case of a force majeure that endangers the life or health of the animal.

This section does not apply to the holder of a licence to temporarily keep animals in transit.

M.O. 2018-008, s. 36.

37. The holder of a professional licence to keep animals must notify the Minister not later than 10 working days and not earlier than 45 working days before the arrival, on the keeping site, of a new high-risk mammal or a new venomous reptile listed in Schedule 6 to the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1).

M.O. 2018-008, s. 37.

38. In the case of the construction of a new keeping facility or the major alteration of an existing facility, the holder of a licence must send to the Minister, at least 20 working days before the beginning of the work, a plan to scale of the facility after the work, except in the case of a professional licence to temporarily keep animals.

For the purposes of the first paragraph, the holder of a professional licence to keep animals for animal testing in a teaching or scientific research institution must send any new standard operating procedure describing the facilities.

M.O. 2018-008, s. 38.

39. The general health of animals the keeping of which is authorized under a licence belonging to any of class 2 to class 5 must be assessed visually by a veterinary surgeon

(1)  at least once a year, in the case of a class 2 licence;

(2)  at least once every 6 months, in the case of a class 3 licence;

(3)  at least once every quarter, in the case of a class 4 licence;

(4)  at least once a month, in the case of a class 5 licence.

M.O. 2018-008, s. 39.

40. The holder of a class 5 or class 6 licence must employ a person holding a college or university diploma related to animal biology to supervise care to the animals at least 30 hours a week.

The holder of a class 6 licence must also employ a veterinary surgeon at least 30 hours a week.

M.O. 2018-008, s. 40.

41. The holder of a licence belonging to any of class 2 to class 5 or a licence to keep native animals in rehabilitation must be advised by a veterinary surgeon with respect to the health care provided to the animals.

In the case of a licence belonging to any of class 2 to class 5, a veterinary surgeon must be available to provide health care to the animals in case of emergency.

M.O. 2018-008, s. 41.

42. The holder of a licence issued for animal testing activities must hold a Certificate of GAP - Good Animal Practice of the Canadian Council on Animal Care.

M.O. 2018-008, s. 42.

43. The holder of a licence who keeps a high-risk mammal or a venomous reptile listed in Schedule 6 to the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1) must hold civil liability insurance of at least $2,000,000 covering damages caused by such an animal.

M.O. 2018-008, s. 43.

44. The holder of a licence must keep a register up to date and send a copy to the Minister, within 20 working days following the expiry of the licence or with the application for renewal of the licence, as the case may be, except the holder of

(1)  a professional licence to temporarily keep animals;

(2)  a licence to temporarily keep animals in transit; or

(3)  a licence to capture birds of prey.

M.O. 2018-008, s. 44.

45. The register of a licence holder must contain, with respect to each animal over 1 month of age that was kept during the validity period of the licence,

(1)  the common name and scientific binomen of its species;

(2)  its sex, if identifiable;

(3)  its real or estimated date of birth; and

(4)  where applicable:

(a)  its identification number;

(b)  the date of its acquisition and, as the case may be, the information on its origin or place of capture and the name and address of the persons who gave the animal to the holder;

(c)  the date of its disposal and, as the case may be, the information on its destination or place of release;

(d)  the date of its death and the particulars of the person who killed it; or

(e)  the date of escape.

In the case of a professional licence to keep animals on a game ranch or a breeding farm, the holder’s register must only indicate, for the period of validity of the licence,

(1)  the number of specimens of each species of mammals that

(a)  were kept in captivity as of 1 April;

(b)  were born in captivity;

(c)  died in captivity;

(d)  were acquired;

(e)  escaped;

(f)  were captured following their escape;

(g)  were killed in an enclosure; or

(h)  were killed otherwise than in an enclosure; and

(2)  the number of wild turkeys (Meleagris gallopavo) that

(a)  were released in an enclosure for killing;

(b)  were killed in an enclosure;

(c)  escaped from an enclosure;

(d)  were captured following their escape.

In the case of a professional licence to capture and keep amphibians, the holder’s register must only contain, for the period of validity of the licence,

(1)  the places the amphibians were captured and the number of specimens captured per species in each place of capture;

(2)  the number of specimens purchased per species, their origin, date of purchase and the name and address of each party to the transactions; and

(3)  the number of specimens sold per species, the date of sale and the name and address of each party to the transactions.

M.O. 2018-008, s. 45.

46. In case of contravention of sections 34 to 36 and 38 to 44, the holder of the licence is liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1).

M.O. 2018-008, s. 46.

CHAPTER III TRANSITIONAL AND FINAL

M.O. 2018-008, c. III.

47. Licences issued under the former Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1) become, according to the following, licences governed by this Regulation:

(1)  a zoological garden licence becomes a professional licence to keep animals;

(2)  a wildlife observation centre licence becomes a professional licence to keep animals;

(3)  an animal broker’s licence becomes a professional licence to keep animals;

(4)  an animal trainer’s licence becomes a professional licence to keep animals;

(5)  a by-products collector’s licence becomes a professional licence to keep animals;

(6)  a licence to keep amphibians becomes a professional licence to capture and keep amphibians;

(7)  a game ranch licence for various species becomes a professional licence to keep animals on a game ranch or a breeding farm;

(8)  a breeding and game ranch licence for white-tailed deer becomes a professional licence to keep animals on a game ranch or a breeding farm;

(9)  a wildlife rehabilitation centre licence becomes a licence to keep native animals in rehabilitation;

(10)  an apprentice hawker’s licence becomes a specific licence to keep birds of prey;

(11)  a hawker’s licence becomes a specific licence to keep birds of prey;

(12)  a licence to keep white-tailed deer becomes a general licence to keep animals;

(13)  a licence for provisional custody becomes a general licence to keep animals.

The class of a general licence to keep animals, a specific licence to keep birds of prey or a professional licence to keep animals is determined according to the number of animals kept in accordance with the former licence on 6 September 2018 and according to their species.

M.O. 2018-008, s. 47.

48. The maximum number of specimens provided for in section 13 whose keeping is authorized by the class of a licence applies to general licences to keep animals, specific licences to keep birds of prey and professional licences to keep animals referred to in section 47 only as of their renewal.

M.O. 2018-008, s. 48.

49. The obligation to maintain the activity for which the licence has been issued provided for in section 34 applies to professional licences to keep animals and professional licences to keep animals on a game ranch or a breeding farm referred to in section 47 only as of their renewal. The obligation does not apply to professional licences for provisional custody referred to in that section.

M.O. 2018-008, s. 49.

50. The first application for the renewal of a professional licence to keep animals or a professional licence to keep animals on a game ranch or a breeding farm referred to in section 47 must contain the activity for which the licence is applied for.

M.O. 2018-008, s. 50.

51. Pending licence applications are processed in accordance with the former Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1). Licences will be issued according to the category and class determined under section 47.

In the case of a pending application for which a professional licence to keep animals, a professional licence for provisional custody or a professional licence to keep animals on a game ranch or a breeding farm would be issued, the application must be completed by indicating the activity for which the licence is applied for.

M.O. 2018-008, s. 51.

52. The holder of a class 5 or class 6 licence who did not hold a zoological garden licence issued under the former Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1) has until 1 May 2019 to hire a person holding a college or university diploma related to animal biology or a veterinary surgeon, in accordance with section 40.

M.O. 2018-008, s. 52.

53. The following persons are deemed to have the experience required for the purposes of this Regulation to keep animals in their custody on 6 September 2018:

(1)  a person who held any of the licences listed in subparagraphs 10 to 13 of the first paragraph of section 47 issued under the former Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1);

(2)  a person newly subject to the obligation to hold a licence to keep an animal in captivity on the date of coming into force of the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1).

M.O. 2018-008, s. 53.

54. The holder of a licence to keep white-tailed deer issued under the former Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1) may continue to keep not more than 5 white-tailed deer (Odocoileus virginianus) of which the holder had custody on 6 September 2018, if the holder holds a general licence to keep animals.

The holder may, up to 31 March 2019, keep more than 5 white-tailed deer provided that the excess deer are newborns of the deer referred to in the first paragraph.

As of 1 April 2019, the holder may keep not more than 5 white-tailed deer, among those referred to in the first and second paragraphs.

M.O. 2018-008, s. 54.

55. For the purposes of section 23, a general licence to keep animals referred to in section 54 must also contain

(1)  the indication “Keeping of white-tailed deer”; and

(2)  the identification number of the white-tailed deer the keeping of which is authorized.

M.O. 2018-008, s. 55.

56. The holder of a breeding or game ranch licence for white-tailed deer issued under the former Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1) who kept in captivity at least 25 whitetailed deer (Odocoileus virginianus) on 6 September 2018 may continue to keep whitetailed deer if the holder holds a professional licence to keep animals on a game ranch or a breeding farm.

The holder loses the right to keep white-tailed deer if the holder keeps less than 25 deer on 31 March of each year.

M.O. 2018-008, s. 56.

57. For the purposes of section 23, a professional licence to keep animals on a game ranch or a breeding farm referred to in section 56 must also contain the indication “Keeping of white-tailed deer”.

M.O. 2018-008, s. 57.

58. The holder of a licence for provisional custody, issued under section 74 of the Regulation respecting animals in captivity (O.C. 1029-92, 92-07-08) may continue to keep the animal of which the holder had custody on 6 September 2018, if the holder holds a general licence to keep animals.

M.O. 2018-008, s. 58.

59. For the purposes of section 23, a general licence to keep animals referred to in section 58 must also contain

(1)  the indication “Provisional custody”;

(2)  the animal species the keeping of which is authorized; and

(3)  the animal’s microchip number.

M.O. 2018-008, s. 59.

60. The Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1) is revoked.

M.O. 2018-008, s. 60.

61. (Omitted).

M.O. 2018-008, s. 61.

Schedule 1

(s. 3)

SPECIES THE KEEPING OF WHICH IS AUTHORIZED BY A GENERAL LICENCE TO KEEP ANIMALS

  

M.O. 2018-008, Sch. 1.

Schedule 2

(s. 4)

SPECIES THE KEEPING OF WHICH MAY BE AUTHORIZED BY A SPECIFIC LICENCE TO KEEP BIRDS OF PREY

  

M.O. 2018-008, Sch. 2.

Schedule 3

(s. 7)

SPECIES THE KEEPING OF WHICH IS AUTHORIZED BY A PROFESSIONAL LICENCE TO KEEP ANIMALS ON A GAME RANCH OR BREEDING FARM

  

M.O. 2018-008, Sch. 3.

Schedule 4

(s. 8)

SPECIES THE KEEPING OF WHICH IS AUTHORIZED BY A PROFESSIONAL LICENCE TO CAPTURE AND KEEP AMPHIBIANS

Class	Order	Family	Genus	Species	Subspecies	Common name
Amphibia	Anura	Ranidae	Lithobates	catesbeianus	all subspecies	bullfrog
				clamitans	all subspecies	green frog
				pipiens	all subspecies	northern leopard frog

M.O. 2018-008, Sch. 4.

REFERENCES

M.O. 2018-008, 2018 G.O. 2, 4357