C-61.1, r. 5 - Regulation respecting animals in captivity

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-61.1, r. 5

Regulation respecting animals in captivity

Act respecting the conservation and development of wildlife

(chapter C-61.1, ss. 55, 97 and 162).

DIVISION I SCOPE AND INTERPRETATION

1. This Regulation applies to the keeping of animals in captivity, the capture of animals for the purpose of keeping them in captivity and, where applicable, the disposal of animals.

O.C. 1238-2002, s. 1.

2. In this Regulation, area numbers refer to the areas established by the Regulation respecting fishing and hunting areas (chapter C-61.1, r. 34).

O.C. 1238-2002, s. 2.

2.1. Only holders of a zoological garden licence, a wildlife observation centre licence, a licence to keep animals for exhibition purposes or a non-resident’s circus licence may display the animals they keep in captivity to the public for remuneration.

O.C. 802-2010, s. 1.

DIVISION II GENERAL OBLIGATIONS

3. Any person who keeps an animal in captivity, except an amphibian listed in Schedule I, kept in the fishing area and for fishing purposes, shall

(1)  provide it with drinking water and food in sufficient quantity and of sufficient quality to meet its physiological needs;

(2)  keep it in a clean place suitable for the needs of its species;

(3)  ensure that it has access at all times to a shelter suitable for the needs of its species; and

(4)  ensure that it receives the care required by its health condition.

O.C. 1238-2002, s. 3; O.C. 802-2010, s. 2.

4. Any person who kills an animal kept in captivity shall do so using a method that causes instantaneous death or that does not cause the animal unnecessary suffering.

O.C. 1238-2002, s. 4.

DIVISION III KEEPING OF ANIMALS IN CAPTIVITY WITHOUT A LICENCE AND DISPOSAL

5. No licence is required to keep in captivity for personal purposes, to capture for the purpose of such keeping in captivity and, where applicable, to dispose of, eggs or tadpoles of the amphibians listed in Schedule I, or no more than 10 animals of the native species listed in Schedule I, including no more than 2 bullfrogs.

O.C. 1238-2002, s. 5.

6. Anyone who captures an animal of a native species listed in Schedule I without a licence for the purpose of keeping it in captivity shall use a method, other than fire, that does not injure the animal.

Captures may be made at any time of the year, except for bullfrogs and northern leopard frogs, which may be captured during the period extending from 15 July to 15 November.

Amphibians listed in Schedule I may be caught in all fishing and hunting areas except areas 17, 19 northern part, 22, 23 and 24.

O.C. 1238-2002, s. 6.

7. Anyone who keeps animals, eggs or tadpoles of a native species listed in Schedule I in captivity without a licence may dispose of them otherwise than by selling them or killing them.

O.C. 1238-2002, s. 7.

8. No licence is required to keep an animal of a species listed in Schedule II in captivity for personal, breeding or commercial purposes or, where applicable, to dispose of it.

O.C. 1238-2002, s. 8; O.C. 802-2010, s. 3.

9. Anyone who keeps cervidae listed in Schedule II in captivity without a licence shall erect and maintain an enclosure surrounded by a game fence at least 2.4 m high, having square meshes not larger than 15 cm between the vertical strands and at least 20 horizontal strands; the outside and inside lateral clearance of that perimeter fence must be at least 3 m from any obstacle that could reduce the minimum height of 2.4 m and the fence must be stretched tight near the ground so that no cervidae may pass under it; the distance between the posts of the fence may not exceed 8 m.

Furthermore, the perimeter fence of the enclosure must have no trap or barrier to capture animals outside the enclosure; in addition, the gates of the perimeter fence must remain closed, even in the absence of animals.

O.C. 1238-2002, s. 9; O.C. 802-2010, s. 4.

10. Anyone who keeps peccaries or boars in captivity without a licence shall erect and maintain an enclosure surrounded by a fence at least 1.8 m above ground level made of

(1)  steel chain links of minimum 13 gauge, 1.24 m high including 30 cm in the ground; the 86 additional centimetres may be made of game fence; or

(2)  steel chain links of minimum 13 gauge, from 92 cm to 1.24 m high and the 88 or 56 additional centimetres may be made of game fence; that enclosure must be fitted on the inside with an electric wire running between 15 and 45 cm above ground level situated 30 cm from the fence, and the minimum voltage in the wire must be 10 joules.

Furthermore, the perimeter fence of the enclosure must have no trap or barrier to capture animals outside the enclosure; in addition, the gates of the perimeter fence must remain closed, even in the absence of animals.

O.C. 1238-2002, s. 10; O.C. 802-2010, s. 5.

11. Anyone who keeps boars, peccaries, buffalo or cervidae listed in Schedule II in captivity without a licence shall notify without delay a wildlife protection officer upon discovering that an animal has escaped from the enclosure.

O.C. 1238-2002, s. 11.

12. Anyone who keeps an animal of a species listed in Schedule II in captivity without a licence may dispose of it by selling it, giving it away, or killing it.

A quail, northern bobwhite, pheasant, francolin, rock partridge or chukar, red-legged partridge, guinea fowl or rock dove may be disposed of by setting it free in the wild. A wild turkey may be disposed of by setting it free in the wild, except in fishing and hunting areas 4, 5, 6, 7, 8, 9 and 10.

Where an animal of a species listed in Schedule II is sold by a retail merchant, excluding bovidae, camelidae, cervidae, boar, or ratitae, the merchant must provide the purchaser with an information sheet on which appear the name of the species, its normal adult size and the conditions essential to its well-being.

O.C. 1238-2002, s. 12; O.C. 802-2010, s. 6.

13. No licence is required to keep an animal of a species listed in Schedule III in captivity for breeding purposes for fur trade or, where applicable, to dispose of it, provided that at least 10 adult females of the same species are kept.

The keeper referred to in the first paragraph must allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises where they are kept.

O.C. 1238-2002, s. 13; O.C. 802-2010, s. 7.

14. Anyone who keeps an animal of a species listed in Schedule III in captivity without a licence may dispose of it by selling it, giving it away,or killing it.

O.C. 1238-2002, s. 14.

15. No licence is required by a training institute or a person under contract to such institute to keep a monkey in captivity where such monkey is trained for the purpose of compensating for a person’s physical disability.

No licence is required to keep a trained monkey in captivity if the monkey is required to compensate for a person’s physical disability.

O.C. 1238-2002, s. 15.

16. No licence is required by a teaching or research institution or agency to keep in captivity and, where applicable, dispose of, exotic species listed in Schedule II or native amphibians, other than threatened or vulnerable species designated in the Act respecting threatened or vulnerable species (chapter E-12.01).

O.C. 1238-2002, s. 16; O.C. 802-2010, s. 8.

17. No licence is required by the holder of a permit issued under the Migratory Birds Regulations (C.R.C., c. 1035) to keep in captivity, capture for the purpose of keeping in captivity and, where applicable, dispose of, a migratory bird or its eggs.

O.C. 1238-2002, s. 17; O.C. 802-2010, s. 9.

18. No licence is required by a veterinary surgeon or by the holder of a zoological garden licence or of a wildlife observation centre licence to keep injured or orphaned animals of native species in captivity for rehabilitation purposes, provided that the captivity does not exceed 1 year; the veterinary surgeon or licence holder must take all necessary means to avoid the domestication of the animals.

Once an animal is rehabilitated, the veterinary surgeon or the licence holder shall set it free in the wild if it is fit to survive there. If not, he or she may kill it or give it to a wildlife protection officer; the wildlife protection officer may kill the animal or entrust it to any person entitled to keep it.

O.C. 1238-2002, s. 18; O.C. 802-2010, s. 10.

19. A licence holder or a veterinary surgeon who keeps an animal in captivity without a licence for rehabilitation purposes shall

(1)  in the case of a licence holder or veterinary surgeon, permit a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept;

(2)  in the case of a licence holder, submit to Minister of Natural Resources and Wildlife, on or before 31 January of each year, a report indicating

(a)  the number of animals of each species kept in captivity;

(b)  the origin of the animals received during the year and the date of their receipt; and

(c)  the number of animals of each species that died, that were killed or that were disposed of during the year; and

(3)  in the case of a veterinary surgeon, maintain a register and enter therein, for each animal received, its species, origin, the date of receipt, the date on which it was set free and the location, or the date on which it was put to death; the veterinary surgeon must also show that register upon request from a wildlife protection officer.

O.C. 1238-2002, s. 19; O.C. 802-2010, s. 11.

DIVISION IV ZOOLOGICAL GARDENS

20. A zoological garden licence authorizes its holder to keep animals of native or exotic species in captivity for conservation, research, educational, exhibition and recreational purposes. It also authorizes its holder to capture an animal of a native species listed in Schedule I for the purpose of keeping it in captivity.

O.C. 1238-2002, s. 20.

21. To obtain a zoological garden licence, the applicant must, at the time of the written application to the Minister,

(1)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(2)  specify the proposed location and area of the zoological garden;

(3)  specify the animal species the applicant wishes to keep in captivity;

(4)  indicate the name of the veterinary surgeon who will be employed by the zoological garden, unless only fish, amphibians or reptiles will be kept; in the latter case, the applicant must indicate the name of the veterinary surgeon who will be responsible for supervising their care and provide a copy of his or her contract for services, as well as the name of the animal biological sciences technician or animal health technician who will be employed by the zoological garden; and

(5)  explain how the buildings, cages, enclosures and shelters of the animals kept in captivity will be designed or built so as to prevent any animal attack and any transmission of fatal infectious diseases.

The application must be accompanied by

(1)  a land-use plan for the site, to a scale that makes it possible to locate at least the infrastructures for receiving the public and for providing access to the public, and the buildings, cages, enclosures, shelters, and drinking water outlets for the animals kept in captivity;

(2)  plans and specifications for new structures, in particular cages, enclosures, shelters, and drinking water outlets for the animals kept in captivity; where the structures are already in place, their dimensions may be provided in lieu of the plans and specifications;

(3)  a description of the proposed educational program to inform visitors about the animals kept in captivity and their habitat; such program shall

(a)  explain the educational goals and objectives of the zoological garden; and

(b)  describe the programs offered to visitors;

(4)  a description of the animal health program, with details specifying

(a)  the preventive and curative health programs;

(b)  a list of the equipment to be used for veterinary care;

(c)  the policy for acquiring and disposing of animals; and

(d)  the procedure for disposing of dead animals; and

(5)  a list of the animals and the number of each species that will be kept.

O.C. 1238-2002, s. 21.

22. A zoological garden licence is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Division;

(3)  states in the application that the animals kept in captivity are of the same species as the species that were declared when the licence was applied for, indicates any new species of animals that are being kept in captivity and submits the plans and specifications for new structures, in particular cages, enclosures, shelters and drinking water outlets for those species;

(4)  provides with the application a report drawn up by the veterinary surgeon employed by the zoological garden or by the veterinary surgeon responsible for supervising the care of the fish, amphibians or reptiles, dated not more than 3 months before the application for renewal, attesting that the animals or fish, amphibians or reptiles kept in captivity are in good health and are receiving the care required by their health condition; and

(5)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 22.

23. The holder of a zoological garden licence shall

(1)  provide educational activities to enable visitors to learn about the animals kept in captivity and their habitat;

(2)  build and maintain every shelter, cage or enclosure in accordance with the plans and specifications referred to in subparagraph 2 of the second paragraph of section 21;

(3)  keep the animals in buildings, cages, enclosures or shelters designed or built to prevent any animal attack and any transmission of fatal infectious diseases to an animal or a human;

(4)  employ a veterinary surgeon at least 30 hours a week, unless only fish, amphibians or reptiles are kept in captivity; in the latter case, the holder must ensure that their care is supervised by a veterinary surgeon whose contract for services provides for at least 1 visit per month and must employ an animal biological sciences technician or animal health technician;

(5)  allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept;

(6)  submit to the Minister, on or before 31 January of each year, a report indicating

(a)  the number of animals of each species kept in captivity;

(b)  the origin of the animals acquired during the year;

(c)  the number of animals of each species that were given away, exchanged or loaned and the name and address of each party to the transactions and the transaction dates;

(d)  the number of animals of each species that died or that were killed or sold during the year;

(e)  the educational activities offered to visitors during the year; and

(f)  alterations made to the premises on which the animals are kept in captivity;

(7)  maintain a register of the information referred to in subparagraphs b, c and d of paragraph 6 and enter therein, where applicable, the name and address of each party to the transactions and the transaction dates; and

(8)  notify without delay a wildlife protection officer upon discovering that an animal has escaped from the zoological garden where it was kept.

O.C. 1238-2002, s. 23; O.C. 802-2010, s. 12.

24. The holder of a zoological garden licence may exhibit the animals kept in captivity at a location other than that referred to in subparagraph 2 of the first paragraph of section 21, provided that the holder has a document issued by the municipality attesting that such exhibition at such location complies with municipal by-laws.

O.C. 1238-2002, s. 24.

25. The holder of a zoological garden licence may dispose of an animal, including an animal listed in Schedule I, kept in captivity by the holder, by selling it, by giving it to another person entitled to keep it, or by killing it.

In the case of an animal listed in Schedule I, the holder may also dispose of it by setting it free in the wild or, in the case of an animal referred to in the second paragraph of section 12, by setting it free in the wild in accordance with that section.

O.C. 1238-2002, s. 25.

DIVISION V WILDLIFE OBSERVATION CENTRES

26. A wildlife observation centre licence authorizes its holder to keep animals of the species listed in Schedule II or native species in captivity for conservation, research, educational, exhibition or recreational purposes, for at least 3 months per year. It also authorizes its holder to capture an animal of a native species listed in Schedule I for the purpose of keeping it in captivity.

O.C. 1238-2002, s. 26.

27. To obtain a wildlife observation centre licence, the applicant must, at the time of the written application to the Minister,

(1)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(2)  specify the proposed location and area of the observation centre;

(3)  specify the animal species the applicant wishes to keep in captivity and their origin;

(4)  indicate the name of the veterinary surgeon who will be responsible for supervising the care of the animals and provide a copy of his or her contract for services; and

(5)  explain how the buildings, cages, enclosures and shelters of the animals kept in captivity will be designed or built so as to prevent any animal attack and any transmission of fatal infectious diseases.

The application must be accompanied by

(1)  a land-use plan for the site, to a scale that makes it possible to locate at least the infrastructures for receiving the public and for providing access to the public, and the buildings, cages, enclosures, shelters, and drinking water outlets for the animals kept in captivity;

(2)  plans and specifications for new structures, in particular cages, enclosures, shelters, and drinking water outlets for the animals kept in captivity; where the structures are already in place, their dimensions may be provided in lieu of the plans and specifications;

(3)  a description of the proposed educational program to inform visitors about the animals kept in captivity and their habitat; such program shall

(a)  explain the educational goals and objectives of the wildlife observation centre; and

(b)  describe the programs offered to visitors;

(4)  a description of the animal health program, with details specifying

(a)  the preventive and curative health programs;

(b)  a list of the equipment to be used for veterinary care;

(c)  the policy for acquiring and disposing of animals; and

(d)  the procedure for disposing of dead animals; and

(5)  a list of the animals and the number of each species that will be kept.

O.C. 1238-2002, s. 27.

28. A wildlife observation centre licence is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Division;

(3)  states in the application that the animals kept in captivity are of the same species as the species that were declared when the licence was applied for, indicates any new species of animals that are being kept in captivity and submits the plans and specifications for new structures, in particular cages, enclosures, shelters, and drinking water outlets for those species;

(4)  provides with the application a veterinary surgeon’s report dated not more than 3 months before the application for renewal describing the health of the animals kept in captivity, on the basis of a visual examination, and the conditions in which the animals are kept;

(5)  indicates the name of the veterinary surgeon who will be responsible for supervising the care of the animals and provides a copy of his or her contract for services; and

(6)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 28.

29. The holder of a wildlife observation centre licence shall

(1)  provide educational activities to enable visitors to learn about the animals kept in captivity and their habitat;

(2)  build and maintain every shelter, cage, or enclosure in accordance with the plans and specifications referred to in subparagraph 2 of the second paragraph of section 27;

(3)  keep the animals in buildings, cages, enclosures, or shelters designed or built to prevent any animal attack and any transmission of fatal infectious diseases to an animal or a human;

(4)  have the care of the animals supervised by a veterinary surgeon whose contract for services provides for at least 1 visit per month;

(5)  employ, at least 30 hours a week, a person responsible for the care of the animals, who must have a diploma at the college or university level in a field related to animal biological sciences or animal health;

(6)  allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept;

(7)  submit to the Minister, on or before 31 January of each year, a report indicating

(a)  the number of animals of each species kept in captivity;

(b)  the origin of the animals acquired during the year;

(c)  the number of animals of each species that were given away, exchanged or loaned and the name and address of each party to the transactions;

(d)  the number of animals of each species that escaped or died or that were killed or sold during the year;

(e)  the educational activities offered to visitors during the year; and

(f)  alterations made to the premises on which the animals are kept in captivity;

(8)  keep a register containing the information referred to in subparagraphs b, c and d of paragraph 7 and enter therein, where applicable, the name and address of each party to the transactions and the transaction dates; and

(9)  notify without delay a wildlife protection officer upon discovering that an animal has escaped from the wildlife observation centre where it was kept.

O.C. 1238-2002, s. 29; O.C. 802-2010, s. 13.

30. The holder of a wildlife observation centre licence may not acquire an animal of a species whose keeping requires a licence under this Regulation unless the holder acquires the animal from a person entitled to keep an animal of that species.

O.C. 1238-2002, s. 30.

31. The holder of a wildlife observation centre licence may dispose of an animal kept in captivity by the holder, including an animal listed in Schedule I, by selling it, giving it to another person entitled to keep it, or by killing it.

In the case of an animal listed in Schedule I, the holder may also dispose of it by setting it free in the wild or, in the case of an animal referred to in the second paragraph of section 12, by setting it free in the wild in accordance with that section.

O.C. 1238-2002, s. 31.

DIVISION VI WILDLIFE REHABILITATION CENTRES

32. A wildlife rehabilitation centre licence authorizes its holder to keep in captivity, for rehabilitation purposes, injured or orphaned animals of native species.

O.C. 1238-2002, s. 32.

33. To obtain a wildlife rehabilitation centre licence, the applicant must, at the time of the written application to the Minister,

(1)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(2)  specify the proposed location of the rehabilitation centre;

(3)  indicate the name and address of each person under the applicant’s supervision who keeps animals in captivity for rehabilitation purposes, and the locations where the animals will be kept;

(4)  indicate the name of the veterinary surgeon with whom the applicant has signed a contract for services for the provision of the health care required by the animals kept for rehabilitation purposes, and provide a copy of the contract;

(5)  provide the plans and specifications for the premises on which the animals will be kept;

(6)  provide the list of the equipment to be used for veterinary care;

(7)  indicate the procedure for disposing of dead animals; and

(8)  indicate the name of the person responsible for the care of the animals.

O.C. 1238-2002, s. 33.

34. A wildlife rehabilitation centre licence is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Division;

(3)  includes with the application an attestation from the veterinary surgeon with whom the holder has signed a contract for services for the provision of the health care required by the animals kept for rehabilitation purposes to the effect that the contract is still in force;

(4)  indicates in the application the name and address of each person under the holder’s supervision who keeps animals in captivity for rehabilitation purposes, and the locations where they will be kept;

(5)  indicates the name of the veterinary surgeon with whom the holder has signed a contract for services for the provision of the health care required by the animals kept for rehabilitation purposes, and provides a copy of the contract; and

(6)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 34.

35. The holder of a wildlife rehabilitation centre licence shall

(1)  allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept;

(2)  submit to the Minister, on or before 31 January of each year, a report indicating

(a)  the number of animals of each species kept in captivity;

(b)  the origin of the animals received during the year; and

(c)  the number of animals of each species that died or that were killed or otherwise disposed of during the year;

(3)  maintain a register and enter therein, for each animal received, its origin, the names and addresses of the persons who provided the licence holder with it, the date of receipt, the date on which it was set free and the location, or the date on which it was put to death;

(4)  maintain a list of the persons under the holder’s supervision who keep animals in captivity for rehabilitation purposes; and

(5)  build and maintain every shelter, cage, or enclosure in accordance with the plans and specifications referred to in paragraph 5 of section 33.

O.C. 1238-2002, s. 35.

36. The holder of a wildlife rehabilitation centre licence shall not keep an animal for rehabilitation purposes for more than 1 year; the licence holder must take all necessary means to avoid the domestication of the animal.

Once an animal is rehabilitated, the licence holder shall set it free in the wild if it is fit to survive there. If not, the holder may kill it or give it to a wildlife protection officer; the wildlife protection officer may kill the animal or entrust it to any person entitled to keep it.

O.C. 1238-2002, s. 36; O.C. 802-2010, s. 14.

DIVISION VII KEEPING OF AMPHIBIANS

37. A licence to keep amphibians authorizes its holder to capture amphibians of the species listed in Schedule IV for the purpose of keeping them in captivity and to keep them in captivity for commercial and breeding purposes.

O.C. 1238-2002, s. 37.

38. To obtain a licence to keep amphibians, the applicant must, at the time of the written application to the Minister,

(1)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(2)  indicate the species that the applicant wishes to capture and keep; and

(3)  indicate the premises on which they will be kept.

O.C. 1238-2002, s. 38.

39. The family members of the holder of a licence to keep amphibians, where they have the same domicile as the licence holder, as well as the shareholders and employees of a legal person, the partners and employees of a partnership and the employees of a person doing business under another name and holding a licence to keep amphibians, may capture amphibians under the same licence.

O.C. 1238-2002, s. 39.

40. A licence to keep amphibians is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Division; and

(3)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 40.

41. The holder of a licence to keep amphibians shall submit a report to the Minister on or before 31 January of each year, indicating

(1)  where the amphibians were captured and how many amphibians of each species were captured at each place of capture;

(2)  the number of amphibians purchased and their origin; and

(3)  the number of amphibians of each species that were sold.

O.C. 1238-2002, s. 41.

42. The holder of a licence to keep amphibians and the persons referred to in section 39 may capture the amphibians listed in Schedule IV at any time of the year, except bullfrogs, northern leopard frogs and green frogs, which may be captured during the period extending from 15 July to 15 November.

Those amphibians may be captured in all fishing and hunting areas except areas 17, 19 northern part, 22, 23 and 24.

O.C. 1238-2002, s. 42.

43. The holder of a licence to keep amphibians and the persons referred to in section 39 who capture an amphibian listed in Schedule IV shall use a method, other than fire, that does not injure the animal.

O.C. 1238-2002, s. 43.

44. The holder of a licence to keep amphibians and the persons referred to in section 39 may dispose of the amphibians they keep in captivity, excluding their eggs or tadpoles, by giving, selling or killing them, or by setting them free in the wild.

O.C. 1238-2002, s. 44.

DIVISION VIII KEEPING OF WHITE-TAILED DEER

45. A licence to keep white-tailed deer authorizes its holder to keep in captivity no more than 5 white-tailed deer for personal purposes.

O.C. 1238-2002, s. 45.

46. A licence to keep white-tailed deer is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Division;

(3)  keeps in captivity, on 1 April of each year, at least 1 and not more than 5 white-tailed deer that must bear a tag, visible to the naked eye at least 10 m from the animal; and

(4)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 46; O.C. 802-2010, s. 15.

47. The holder of a licence to keep white-tailed deer shall

(1)  maintain an enclosure surrounded by a fence at least 2.4 m high in which the deer have access to shade and shelter at all times; the fence must be stretched tight near the ground so that no cervidae may pass under it;

(2)  erect and maintain any new enclosure by surrounding it with a game fence at least 2.4 m high, having square meshes not larger than 15 cm between the vertical strands and at least 20 horizontal strands; the outside and inside lateral clearance of that perimeter fence must be at least 3 m from any obstacle that could reduce the minimum height of 2.4 m and the fence must be stretched tight near the ground so that no cervidae may pass under it; the distance between the posts of the fence may not exceed 8 m;

(3)  make sure that the perimeter fence has no trap or barrier to capture animals outside the enclosure;

(4)  keep the gates of the perimeter fence closed, even in the absence of deer;

(5)  allow a wildlife protection officer or a person accompanying the officer to take samples from the deer kept in captivity or from the premises on which they are kept;

(6)  notify without delay a wildlife protection officer upon discovering that an animal has escaped from the enclosure;

(7)  submit to the Minister, on or before 31 January of each year, a report indicating

(a)  the number of deer kept in captivity;

(b)  the number of deer purchased and received and, where applicable, the name and address of each party to the transactions and the transaction dates;

(c)  the number of deer born from the deer kept in captivity; and

(d)  the number of deer kept in captivity that died or were killed during the year; and

(8)  keep in captivity, on 1 April of each year, at least 1 and not more than 5 white-tailed deer that must bear a tag, visible to the naked eye at least 10 m from the animal.

O.C. 1238-2002, s. 47; O.C. 802-2010, s. 16.

48. The holder of a licence to keep white-tailed deer may, until 31 March of each year, keep more than 5 white-tailed deer provided that the additional deer are the newborn of the deer referred to in paragraph 3 of section 46; in that case, the holder is not required to mark them in accordance with that paragraph.

O.C. 1238-2002, s. 48.

49. The holder of a licence to keep white-tailed deer may dispose of a deer the holder keeps in captivity by killing it or by authorizing any person to hunt it in accordance with the law.

O.C. 1238-2002, s. 49; O.C. 802-2010, s. 17.

DIVISION IX GAME RANCHES

§ 1 . — Game ranches for various species

O.C. 1238-2002, Div. IX, Sd. 1; O.C. 802-2010, s. 18.

50. A game ranch licence for various species authorizes the keeping in captivity of animals of the various species listed in Schedule V for the purpose of operating a game ranch.

O.C. 1238-2002, s. 50; O.C. 802-2010, s. 19.

51. To obtain a game ranch licence for various species, the applicant must, at the time of the written application to the Minister,

(1)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(2)  specify the species the applicant wishes to keep in captivity;

(3)  indicate the site where those species will be kept in captivity and its features with respect to the percentage of wooded area and its main tree species; and

(4)  describe the layout of the enclosures, which must be surrounded by a fence complying with the relevant provisions of paragraph 1 or 2 of section 53; each enclosure must have a minimum area of 10 ha.

O.C. 1238-2002, s. 51; O.C. 802-2010, ss. 20 and 21.

52. A game ranch licence for various species is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II, those of the first paragraph of section 12 and those of this Subdivision; and

(3)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 52; O.C. 802-2010, s. 20.

53. The holder of a game ranch licence for various species shall

(1)  maintain, in the case of cervidae and buffalo, an enclosure surrounded by a game fence at least 2.4 m high, having square meshes not larger than 15 cm between the vertical strands and at least 20 horizontal strands; the outside and inside lateral clearance of that perimeter fence must be at least 3 m from any obstacle that could reduce the minimum height of 2.4 m and the fence must be stretched tight near the ground so that no cervidae or buffalo may pass under it; the distance between the posts of the fence may not exceed 8 m;

(2)  maintain, in the case of peccaries and boars, an enclosure surrounded by a fence at least 1.8 m above ground level made of

(a)  steel chain links of minimum 13 gauge, 1.24 m high including 30 cm in the ground; the 86 additional centimetres may be made of game fence; or

(b)  steel chain links of minimum 13 gauge, from 92 cm to 1.24 m high; the 88 or 56 additional centimetres may be made of game fence; that enclosure must be fitted on the inside with an electric wire running between 15 and 45 cm above ground level situated 30 cm from the fence, and the minimum voltage in the wire must be 10 joules;

(3)  make sure that the perimeter fence of the enclosures referred to in paragraphs 1 and 2 has no trap or barrier to capture animals outside the enclosure and keep the barriers of the perimeter fence closed, even in the absence of animals;

(4)  notify the Minister in writing of any alteration the holder wishes to make to the fence referred to in paragraph 1 or 2;

(5)  notify without delay a wildlife protection officer upon discovering that an animal other than a bird, except a wild turkey in the areas referred to in section 12, has escaped from the enclosure;

(6)  allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept; and

(7)  submit to the Minister, on or before 31 January of each year, a report indicating

(a)  the number of animals of each species kept in captivity;

(b)  the number of animals of each species born during the year;

(c)  the number of animals of each species that died during the year;

(d)  the number of animals of each species that escaped and the number of animals recovered, if any, during the year;

(e)  the number of animals of each species killed by the licence holder during the year and the number of animals killed by third parties; and

(f)  the number of animals of each species sent to the slaughterhouse during the year.

O.C. 1238-2002, s. 53; O.C. 802-2010, ss. 20 and 22.

54. Any person may kill a buffalo, a cervidae listed in Schedule II, a peccary, a boar or a bird listed in Schedule V kept in captivity by the holder of a game ranch licence for various species, provided that the animal is killed using a method that causes instantaneous death or that does not cause the animal unnecessary suffering.

To that end, the holder of a game ranch licence for various species shall keep the animals to be killed in an enclosure having at least 10 ha and no more than 200 ha in area and at least 100 m in width; at least 80% of the area of the enclosure must be wooded land and be surrounded by a fence complying with the relevant provisions of paragraph 1 or 2 of section 53.

O.C. 1238-2002, s. 54; O.C. 802-2010, ss. 20 and 23.

§ 2 . — Breeding and game ranches for white-tailed deer

55. A breeding and game ranch licence for white-tailed deer authorizes the keeping in captivity of white-tailed deer for breeding purposes or for the purpose of operating a game ranch.

O.C. 1238-2002, s. 55.

56. A breeding and game ranch licence for white-tailed deer is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Subdivision;

(3)  keeps at least 25 white-tailed deer in captivity, which must be identified; and

(4)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

Upon renewing a licence, the licence holder may request that it be renewed as a licence to keep white-tailed deer, provided that the licence holder meets the requirements of section 46.

For the purposes of subparagraph 3 of the first paragraph of this section, identification is

(1)  a tag complying with the provisions of the Regulation respecting the identification and traceability of certain animals (chapter P-42, r. 7);

(2)  a tattoo indicating the letters identifying the breeder, a unique sequential number and the letter corresponding to the year, provided by the Minister of Agriculture, Fisheries and Food or, as the case may be, the identification tattoo affixed to a white-tailed deer from outside Québec and approved by the body having jurisdiction in the deer’s place of origin.

O.C. 1238-2002, s. 56; O.C. 802-2010, s. 24.

57. The holder of a breeding and game ranch licence for white-tailed deer shall

(1)  keep a minimum of 25 white-tailed deer which must be identified, while they are alive, in accordance with the third paragraph of section 56; in the case of newborn deer, it must be identified before being moved to other premises, not later than 31 December following the date of birth;

(2)  maintain an enclosure having at least 10 ha in area, surrounded by a game fence at least 2.4 m high, having square meshes not larger than 15 cm between the vertical strands and at least 20 horizontal strands; the outside and inside lateral clearance of that perimeter fence must be at least 3 m from any obstacle that could reduce the minimum height of 2.4 m and the fence must be stretched tight near the ground so that no cervidae may pass under it; the distance between the posts of the fence may not exceed 8 m;

(3)  make sure that the perimeter fence has no trap or barrier to capture animals outside the enclosure;

(4)  keep the gates of the perimeter fence closed, even in the absence of animals;

(5)  give advance notice to the Minister in writing of any alteration the holder wishes to make to the fence referred to in paragraph 2 or of any change in the location of the premises on which the animals are kept;

(6)  notify without delay a wildlife protection officer upon discovering that an animal has escaped from the enclosure;

(7)  allow a wildlife protection officer or a person accompanying the officer to take samples from the deer kept in captivity or from the premises on which they are kept;

(8)  submit to the Minister, on or before 31 January of each year, a report containing the following information for the preceding year:

(a)  the number of deer kept in captivity during the year;

(b)  the number of deer born during the year;

(c)  the number of deer that died during the year;

(c.1)  the number of deer purchased or sold during the year;

(d)  the number of deer that escaped and the number of deer recovered, if any, during the year;

(e)  the number of deer killed by the licence holder during the year and the number of deer killed by third parties; and

(f)  the number of deer sent to the slaughterhouse during the year; and

(9)  maintain a register, indicating for each animal

(a)  the tattoo and tag numbers;

(b)  the animal’s sex;

(c)  the year of birth;

(d)  the dates of the various transactions concerning the animal, such as its purchase, sale, donation or delivery to a slaughterhouse, and the name and address of each party to those transactions; and

(e)  the date of death or, as the case may be, the date on which the animal was killed and the name and address of the person who killed it.

A copy of the register referred to in subparagraph 9 of the first paragraph may stand in lieu of the report referred to in subparagraph 8 of that paragraph if it contains the same information.

O.C. 1238-2002, s. 57; O.C. 802-2010, s. 25.

58. The holder of a breeding and game ranch licence for white-tailed deer may dispose of a live or dead deer or any of its parts otherwise than by setting it free in the wild; to that end, the licence holder may sell or give away a live deer to a person entitled to keep it, or kill it.

O.C. 1238-2002, s. 58; O.C. 802-2010, s. 26.

59. The holder of a breeding and game ranch licence for white-tailed deer may have a deer killed by a slaughterhouse provided that its operator

(1)  holds the permit referred to in subparagraph a of the first paragraph of section 9 of the Food Products Act (chapter P-29) authorizing the operator to kill cervidae; or

(2)  is exempt from the obligation to hold a permit referred to in paragraph 1 under the second paragraph of section 9 of the Act because the operator is operating a plant registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)).

O.C. 1238-2002, s. 59.

60. Any person may kill a white-tailed deer kept in captivity by the holder of a breeding and game ranch licence for white-tailed deer on the following conditions:

(1)  the animal must be killed using a method that causes instantaneous death or that does not cause the animal unnecessary suffering; and

(2)  the identification tag must remain on the animal until it is stored or dressed.

To that end, the holder of a breeding and game ranch licence for white-tailed deer shall keep the animals to be killed in an enclosure having at least 10 ha and no more than 200 ha in area and at least 100 m in width; at least 80% of the area of the enclosure must be wooded land and be surrounded by a fence complying with the relevant provisions of paragraph 1 or 2 of section 53.

O.C. 1238-2002, s. 60.

61. The holder of a breeding and game ranch licence for white-tailed deer shall remit to the person who kills a white-tailed deer in accordance with section 60 a proof of purchase of the killed animal or proof that the animal was a gift.

O.C. 1238-2002, s. 61.

62. Any person who carries a white-tailed deer killed under section 59 or 60 must be in possession of a proof of purchase of the animal or proof that the animal was a gift.

O.C. 1238-2002, s. 62.

DIVISION X KEEPING OF ANIMALS IN CAPTIVITY FOR COMMERCIAL PURPOSES

O.C. 1238-2002, Div. X; O.C. 802-2010, s. 27.

63. The holder of an animal broker’s licence, an animal trainer’s licence or a by-product collector’s licence may keep animals in captivity for commercial purposes other than public display.

An animal broker’s licence authorizes the keeping in captivity of animals of native or exotic species for purposes of brokerage, purchase or sale.

An animal trainer’s licence authorizes the keeping in captivity of animals of native or exotic species that are trained for promotion purposes or for the filming of commercials or movies.

A by-product collector’s licence authorizes the keeping in captivity of native species for the purposes of taking certain by-products on live animals.

O.C. 1238-2002, s. 63; O.C. 802-2010, s. 28.

64. To obtain one of the licences provided for in section 63, the applicant must, at the time of the written application to the Minister,

(1)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(2)  specify the location where the animals will be kept;

(2.1)  specify for what purposes the applicant intends to keep the animals;

(3)  provide the plans and specifications for the shelters, cages, or enclosures; and

(4)  submit a business plan accepted by a financial institution and pertaining to the applicant’s proposed activities.

O.C. 1238-2002, s. 64; O.C. 802-2010, s. 29.

65. Every licence provided for in section 63 is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Division;

(3)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32); and

(4)  in the case of the holder of an animal trainer’s licence or a by-product collector’s licence, includes a certificate from a chartered professional accountant establishing that the income derived from the use of the animals kept in captivity for the purposes stipulated in the licence has been $10,000 or more during the preceding year.

O.C. 1238-2002, s. 65; O.C. 802-2010, s. 30; S.Q. 2012, c. 11, s. 33.

66. The holder of an animal broker’s licence may not keep an animal for more than one year.

O.C. 1238-2002, s. 66; O.C. 802-2010, s. 31.

67. The holder of a licence provided for in section 63 shall

(1)  maintain a register of commercial transactions and enter therein, for each animal,

(a)  its scientific name;

(b)  the nature and, in the case of the holder of an animal trainer’s licence, duration of the activity;

(c)  the name and address of the parties involved in each transaction and each transaction date; and

(d)  the number of animals that were born or died;

(1.1)  if the licence holder holds a by-product collector’s licence and keeps white-tailed deer or moose, identify them in accordance with section 56;

(2)  allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept;

(3)  submit to the Minister, on or before 31 January of each year, a copy of the register referred to in paragraph 1 or a report containing the same information;

(4)  except in the case of animals kept by the holder of a by-product collector’s licence, post the following information on each cage or enclosure in such a manner that it is visible from the outside:

(a)  the animal owner’s name and address;

(b)  the number of the related licence to keep animals;

(c)  the name of the animal species and the number of animals;

(d)  in the case of the holder of an animal broker’s licence, the origin of each animal and the date on which it was received; and

(e)  in the case of the holder of an animal broker’s licence, the destination of each animal and the anticipated shipment date;

(5)  build and maintain every shelter, cage, or enclosure in accordance with the plans and specifications referred to in paragraph 3 of section 64;

(6)  notify without delay a wildlife protection officer upon discovering that an animal has escaped from the enclosure or cage where it was kept; and

(7)  in the case of the holder of a by-product collector’s licence who keeps cervidae, boars or peccaries in captivity, maintain an enclosure in compliance with paragraphs 1, 2 and 3 of section 53.

O.C. 1238-2002, s. 67; O.C. 802-2010, s. 32.

68. The holder of a licence provided for in section 63 may transfer an animal of any species to a person entitled to keep an animal of that species in captivity, or kill the animal.

O.C. 1238-2002, s. 68; O.C. 802-2010, s. 33.

DIVISION XI KEEPING ANIMALS IN CAPTIVITY FOR EXHIBITION PURPOSES

69. A licence to keep animals for exhibition purposes authorizes its holder to keep in captivity, for remunerated exhibition purposes, the animals of the species listed in Schedule II, animals indicated on the licence for provisional custody referred to in section 87 or animals referred to in Schedule VI for the holder of a hawker’s licence.

The licence provided for in the first paragraph is not required from a producer within the meaning of the Farm Producers Act (chapter P-28) if the producer complies with the provisions of Division II, section 9 or 10, as the case may be, and paragraphs 2, 4, 5, and 6 of section 74. The producer must also keep an annual register indicating the number of animals exhibited per species, the exhibition period, the number of animals that have escaped, where applicable, and the educational activities offered to visitors.

O.C. 1238-2002, s. 69; O.C. 802-2010, s. 34.

70. (Revoked).

O.C. 1238-2002, s. 70; O.C. 802-2010, s. 35.

71. To obtain a licence to keep animals for exhibition purposes, the applicant must, at the time of the written application to the Minister,

(1)  (subparagraph revoked);

(2)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(3)  specify the animal species the applicant wishes to keep in captivity for exhibition purposes, their number and origin;

(4)  specify the location where the animal species will be kept in captivity and the location where they will be exhibited;

(5)  indicate the name of the veterinary surgeon who will be responsible for supervising the care of the animals and provide a copy of his or her contract for services;

(6)  in the case of a non-resident, indicate the date of arrival in Québec of the animal species kept in captivity for exhibition purposes and their scheduled date of exhibition; and

(7)  in the case of a non-resident, hold civil liability insurance in the minimum amount of $2,000,000.

The application must be accompanied by

(1)  a land-use plan for the site, to a scale that makes it possible to locate at least the infrastructures for receiving the public and for providing access to the public, and the buildings, cages, enclosures, shelters, and drinking water outlets for the animals kept in captivity;

(2)  plans and specifications for new structures, in particular cages, shelters, and drinking water outlets for the animals; where the structures are already in place, their dimensions may be provided in lieu of the plans and specifications;

(3)  a description of the animal health program, with details specifying

(a)  the preventive and curative health programs;

(b)  a list of the equipment to be used for veterinary care;

(c)  the policy for acquiring and disposing of animals; and

(d)  the procedure for disposing of dead animals; and

(4)  a copy of the civil liability insurance contract referred to in subparagraph 7 of the first paragraph, where applicable.

O.C. 1238-2002, s. 71; O.C. 802-2010, s. 36.

72. (Revoked).

O.C. 1238-2002, s. 72; O.C. 802-2010, s. 37.

73. A licence to keep animals for exhibition purposes is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Division;

(3)  states in the application that the animals kept in captivity are of the same species as the species that were declared when the licence was applied for, indicates any new species of animals that are being kept in captivity, and submits the plans and specifications for new structures, in particular cages, enclosures, shelters and drinking water outlets for those species;

(4)  indicates in the application the location where the animal species will be exhibited;

(5)  provides with the application a report drawn up by a veterinary surgeon, dated not more than 3 months before the application for renewal, describing the health of the animals kept in captivity, on the basis of a visual examination, and the conditions in which the animals are kept;

(6)  indicates the name of the veterinary surgeon who will be responsible for supervising the care of the animals and provides a copy of his or her contract for services; and

(7)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 73; O.C. 802-2010, s. 38.

74. The holder of a licence to keep animals for exhibition purposes shall

(1)  build and maintain every shelter, cage, or enclosure in accordance with the plans and specifications referred to in subparagraph 2 of the second paragraph of section 71 and comply with the standards provided for in sections 9 and 10, as the case may be;

(2)  have the care of the animals supervised by a veterinary surgeon;

(3)  make sure that the civil liability insurance contract referred to in subparagraph 7 of the first paragraph of section 71 remains in force throughout the term of the licence;

(4)  notify without delay a wildlife conservation officer upon discovering that an animal has escaped from the enclosure or from its cage;

(5)  keep the animals in buildings, cages, enclosures, or shelters designed or built to prevent any animal attack and any transmission of fatal infectious diseases to an animal or a human;

(6)  allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept; and

(7)  submit to the Minister, on or before 31 January of each year, a report indicating

(a)  the number of animals of each species kept in captivity;

(b)  the origin of the animals acquired during the year;

(c)  the number of animals of each species that were given away or exchanged or loaned for reproduction purposes;

(d)  the number of animals of each species that died or that were killed or sold during the year; and

(e)  alterations made to the premises on which the animals are kept in captivity.

O.C. 1238-2002, s. 74; O.C. 802-2010, s. 39.

DIVISION XI.I CIRCUS

O.C. 802-2010, s. 40.

74.1. A non-resident’s circus licence authorizes the keeping in captivity of animals of native or exotic species, for exhibition or entertainment purposes, for remuneration, in Québec.

O.C. 802-2010, s. 40.

74.2. To obtain a non-resident’s circus licence, a person must apply in writing to the Minister and

(1)  be a non-resident;

(2)  provide his or her name and address; in the case of a legal person, its firm name and the address of its head office; in the case of a partnership, its name and the address of its main place of business; in the case of a natural person doing business under another name, that name, the person’s name and address and the address of the main place of business;

(3)  specify the animal species that will be kept in captivity;

(4)  specify the location where the animals will be kept in captivity and the location where they will be exhibited;

(5)  indicate the date of arrival of the animals kept in captivity in Québec and their date of departure and the date of their exhibition;

(6)  specify the name of the insurance company, the amount of civil liability coverage, which must be at least $2,000,000 and sufficient to cover the risks involved in exhibiting animals kept in captivity, and the number of the insurance policy; and

(7)  explain how the buildings, cages, enclosures and shelters of the animals will be designed or built so as to prevent any animal attack and any transmission of fatal infectious diseases.

O.C. 802-2010, s. 40.

74.3. The application must be accompanied by

(1)  a land-use plan for the site, to a scale that makes it possible to locate at least the infrastructures for receiving the public and for providing access to the public, and the buildings, cages, enclosures, shelters, and drinking water outlets for the animals;

(2)  a report by a veterinary surgeon drawn up not more than 3 months before the application for a licence, attesting that the animals kept in captivity are in good health and are receiving the care required by their health condition;

(3)  a copy of the civil liability insurance contract referred to in paragraph 6 of section 74.2; and

(4)  a document in writing issued by the municipality attesting that such exhibition at such location complies with municipal by-laws.

O.C. 802-2010, s. 40.

74.4. The holder of a non-resident’s circus licence must

(1)  lay out and maintain every shelter, cage or enclosure in accordance with the plan referred to in paragraph 1 of section 74.3;

(2)  keep the animals in buildings, cages, enclosures or shelters designed or built to prevent any animal attack and any transmission of fatal infectious diseases to an animal or a human;

(3)  have the care of the animals supervised by a veterinary surgeon;

(4)  make sure that the civil liability insurance contract referred to in paragraph 6 of section 74.2 stays in force throughout the term of the licence;

(5)  notify without delay a wildlife protection officer upon discovering that an animal has escaped from the enclosure or cage;

(6)  allow a wildlife protection officer or a person accompanying the officer to take samples from the animals kept in captivity or from the premises on which they are kept.

O.C. 802-2010, s. 40.

DIVISION XII FALCONRY

§ 1 . — Apprentice hawkers

75. An apprentice hawker’s licence authorizes its holder to keep in captivity one bird of prey of a species listed in Schedule VI or a hybrid between those species, for the purposes of learning falconry.

O.C. 1238-2002, s. 75; O.C. 802-2010, s. 41.

75.1. The holder of an apprentice hawker’s licence may transfer the bird of prey he or she keeps in captivity to a person entitled to keep it, or kill it.

O.C. 802-2010, s. 42.

76. To obtain an apprentice hawker’s licence, the applicant must, at the time of the written application to the Minister,

(1)  (paragraph revoked);

(2)  provide his or her name and address;

(3)  be at least 16 years of age;

(4)  specify the location where the bird of prey will be kept; and

(5)  not have held such a licence more than once.

O.C. 1238-2002, s. 76; O.C. 802-2010, s. 43.

77. An apprentice hawker’s licence may be renewed only once if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Subdivision;

(3)  includes with the application the register referred to in paragraph 3 of section 78 attesting that the holder received at least 15 hours of training in falconry; and

(4)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 77; O.C. 802-2010, s. 44.

78. The holder of an apprentice hawker’s licence shall

(1)  have the bird of prey ringed within 15 days of its receipt, if the bird is not already ringed;

(2)  send to the Minister, within 30 days of receiving the bird of prey, a report indicating the species kept in captivity, the bird’s sex, age, origin, breeding, and ring number; and

(3)  enter in a register each hour of training in falconry received from the holder of a hawker’s licence and have each entry signed by the latter.

O.C. 1238-2002, s. 78.

79. The holder of an apprentice hawker’s licence shall remain in contact with the bird of prey at all times during flying activities; to that end, the licence holder must be equipped with a receiver and the bird with a transmitter making it possible to trace it.

O.C. 1238-2002, s. 79.

§ 2 . — Hawkers

80. A hawker’s licence authorizes its holder to keep in captivity birds of prey of the species listed in Schedule VI or a hybrid between those species, for falconry purposes.

O.C. 1238-2002, s. 80; O.C. 802-2010, s. 45.

81. To obtain a hawker’s licence, the applicant must, at the time of the written application to the Minister,

(1)  (paragraph revoked);

(2)  be at least 18 years of age;

(3)  provide his or her name and address;

(4)  have successfully completed a course in falconry and provide a written attestation from the person who gave the course, or have received 30 hours of training from the holder of a hawker’s licence and submit the register attesting that the training was received with the trainer’s signature for each hour entered, or hold a hawker’s licence issued outside of Québec and include a copy thereof with the application;

(5)  specify the location where the birds of prey will be kept in captivity; and

(6)  indicate the ring number of each bird the applicant intends to keep in captivity.

O.C. 1238-2002, s. 81; O.C. 802-2010, s. 46.

82. (Revoked).

O.C. 1238-2002, s. 82; O.C. 802-2010, s. 47.

83. A resident hawker’s licence is renewable if its holder

(1)  applies therefor in writing to the Minister;

(2)  complies with the provisions of Division II and those of this Subdivision;

(3)  includes with the application a copy of the register referred to in paragraph 3 of section 84; and

(4)  includes with the application the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32).

O.C. 1238-2002, s. 83.

84. The holder of a hawker’s licence shall

(1)  have each bird of prey ringed within 15 days of its birth or receipt, if the bird is not already ringed;

(2)  send to the Minister, within 30 days of receiving a bird of prey, a report indicating the species kept in captivity, the bird’s sex, age, origin, breeding, and ring number; and

(3)  keep a register and enter therein

(a)  the number of birds of each species kept in captivity and each bird’s ring number;

(b)  the number of birds of each species born during the year, their hatching date, ring number, sex, origin and breeding;

(c)  the number of birds of each species that were lost during the year;

(d)  the number of birds of each species that died during the year; and

(e)  the number of birds of each species that were acquired, sold or given away during the year, the name and address of each party to the transactions and the transaction dates.

O.C. 1238-2002, s. 84; O.C. 802-2010, s. 48.

85. The holder of a hawker’s licence shall remain in contact with the bird of prey at all times during flying activities; to that end, the licence holder must be equipped with a receiver and the bird with a transmitter making it possible to trace it.

O.C. 1238-2002, s. 85; O.C. 802-2010, s. 49.

85.1. The holder of a hawker’s licence may transfer a bird of prey he or she keeps in captivity to a person entitled to keep it, or kill it.

O.C. 802-2010, s. 50.

DIVISION XIII PENAL

86. Every person who contravenes any provision of sections 2.1 to 20, 23 to 26, 29 to 32, 35 to 37, 41 to 45, 47 to 50, 53, 54, 55, 57 to 63, 66 to 70, 74, 74.1, 74.4, 75, 78 to 80, 84, 85 and 87 commits an offence.

O.C. 1238-2002, s. 86; O.C. 802-2010, s. 51.

DIVISION XIV TRANSITIONAL AND FINAL

87. A licence for provisional custody issued under section 74 of the Regulation respecting animals in captivity (chapter C-61.1, r. 5), is renewable if the licence holder submits an application in writing to the Minister that includes the fees prescribed by the Regulation respecting the scale of fees and duties related to the development of wildlife (chapter C-61.1, r. 32). However, the licence shall not be renewed after an animal has died or been disposed of.

Within 15 days of the death of an animal, the person who had custody shall turn it over to a wildlife protection officer or send to the Minister written confirmation by a veterinary surgeon of the animal’s death, together with its microchip.

The holder of a licence for provisional custody may exhibit the animal indicated on the licence provided that the holder obtains a licence to keep animals for exhibition purposes.

The licence holder shall not transfer the animal indicated on the licence to any person other than a person entitled to keep it in captivity.

If the animal is transferred to a person residing outside Québec, the holder of the licence shall so inform the Minister in writing within 15 days of such transfer.

O.C. 1238-2002, s. 87.

88. This Regulation replaces the Regulation respecting animals in captivity (O.C. 1029-92, 92-07-08).

O.C. 1238-2002, s. 88.

89. (Omitted).

O.C. 1238-2002, s. 89.

SCHEDULE I

(ss. 5, 6, 7, 20, 25, 26 and 31)

NATIVE SPECIES THAT MAY BE KEPT IN CAPTIVITY WITHOUT A LICENCE

Amphibians Class

American toad (Bufo americanus)

Wood frog (Rana sylvatica)

Mink frog (Rana septentrionalis)

Northern leopard frog (Rana pipiens)

Green frog (Rana clamitans)

Mudpuppy (Necturus maculosus)

Bullfrog (Rana catesbeiana)

Eastern newt (Notophthalmus viridescens)

Reptiles Class

Common garter snake (Thamnophis sirtalis)

Mammals Class

Grey squirrel (Sciurus carolinensis)

American red squirrel (Tamiasciurus hudsonicus)

Eastern chipmunk (Tamias striatus)

O.C. 1238-2002, Sch. I.

SCHEDULE II

(ss. 8, 9, 11, 12, 26, 54 and 69)

SPECIES THAT MAY BE KEPT IN CAPTIVITY WITHOUT A LICENCE

A- Exotic Species

Reptiles Class

All species except:

Crocodiles

Poisonous lizards

Poisonous snakes

Sea turtles

Turtles (family Tryonychidae)

Amphibians Class

All species

Birds Class

Anatidae

Capitonidea

Colombidae

Emberizidae

Estrildidae

Fringillidae

Irenidae

Javan Hill mynah (Sturnidae)

Meleagrididae

Musophagidae

Osteropidae

Phasianidae

Ploceidae

Psittacidae

Pycnonotidae

Ramphastidae

Ratitae

Timaliidae

Turdidae

Zosteropidae

Mammals Class

Bovidae

Camelidae

Cervidae, except the mule deer and the black-tailed deer

Chinchillas (family Chinchillidae)

Guinea pigs (family Caviidae)

Degus (family Octodontidae)

Gerbils (family Cricetidae)

Jerboas (family Dipodidae)

Hamsters (family Muridae)

Hedgehogs, except Erinaceus hedgehogs

Peccaries (family Tyassuidae)

Flying squirrels (Petaurus breviceps)

Kangaroo rat (family Heteromyidae)

Boars (family Suidae)

B- Native Species

Birds Class

Wild turkey (Meleagris galloparo)

Rock dove (Colunba livia)

The taxonomical classification is that of Grizmek’s Animal Life Encyclopedia, 1984.

O.C. 1238-2002, Sch. II.

SCHEDULE III

(ss. 13 and 14)

NATIVE SPECIES THAT MAY BE KEPT FOR BREEDING PURPOSES WITHOUT A LICENCE

Mammals Class

Fox (Vulpes vulpes)

Mink (Mustela vison)

O.C. 1238-2002, Sch. III.

SCHEDULE IV

(ss. 37, 42 and 43)

NATIVE AMPHIBIANS KEPT FOR COMMERCIAL PURPOSES

Wood frog (Rana sylvatica)

Mink frog (Rana septentrionalis)

Northern leopard frog (Rana pipiens)

Green frog (Rana clamitans)

Bullfrog (Rana catesbeiana)

O.C. 1238-2002, Sch. IV.

SCHEDULE V

(s. 50)

SPECIES THAT MAY BE KEPT BY A GAME RANCH FOR EXOTIC SPECIES

A– Mammals Class

Buffalo

Cervidae listed in Schedule II

Peccaries

Boars

B– Birds Class

Wild turkey

Quail

Northern bobwhite

Pheasant

Francolin

Rock partridge

Chukar

Red-legged partridge

Guinea fowl

O.C. 1238-2002, Sch. V; O.C. 802-2010, s. 53.

SCHEDULE VI

(ss. 75 and 80)

SPECIES AUTHORIZED FOR FALCONRY

Goshawks

Buzzards

Kestrels

Hawks

Falcons

O.C. 1238-2002, Sch. VI.

TRANSITIONAL

2010

(O.C. 802-2010) SECTION 54. Every holder of a game ranch licence for exotic species becomes, as of 21 October 2010, a holder of a game ranch licence for various species.

SECTION 55. Every holder of a resident or non-resident hawker’s licence becomes, as of 21 October 2010, a holder of a hawker’s licence.

SECTION 56. Every holder of a non-resident’s licence to keep animals for exhibition purposes becomes, as of 21 October 2010, the holder of a non-resident’s circus licence for the term indicated on the non-resident’s licence to keep animals for exhibition purposes.

REFERENCES

O.C. 1238-2002, 2002 G.O. 2, 5623

O.C. 802-2010, 2010 G.O. 2, 2767

S.Q. 2012, c. 11, s. 33