C-61.1, r. 5.1 - Regulation respecting animals in captivity

À jour au 1^er avril 2020

Ce document a valeur officielle.

chapter C-61.1, r. 5.1

Regulation respecting animals in captivity

Act respecting the conservation and development of wildlife

(chapter C-61.1, s. 55, 2nd par., ss. 69 and 162, pars. 7, 14, 16, 22 and 23).

The fees prescribed in the Regulation have been indexed as of 1 April 2020 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 15 February 2020, page 158. (s. 11).

PART I GENERAL

O.C. 1065-2018, Part I.

1. This Regulation is to regulate the capture and importation of animals, except invertebrates, for the purpose of keeping them in captivity, and to set the conditions for keeping them in captivity and disposing of them. It also ensures the protection of the public, the welfare of animals and the conservation of wildlife.

O.C. 1065-2018, s. 1.

2. If an animal is a hybrid, the provisions governing the species from which it originates are applicable to the hybrid, unless the provisions are incompatible. In such a case, the most stringent requirements apply.

This Regulation does not apply to hybrid animals for which it is easy to determine, by its morphological characteristics, that one of the parents is a domestic cat (Felis catus).

O.C. 1065-2018, s. 2.

3. 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.

O.C. 1065-2018, s. 3.

4. In the case of an animal listed in Schedule 1, no licence to keep animals in captivity is required for

(1)  the capture of an animal that, in accordance with the Regulation respecting animals that must be declared (chapter C-61.1, r. 4), is not covered by the mandatory declaration to a wildlife protection officer so that the animal may be rehabilitated by a person authorized to do so;

(2)  the keeping in captivity of an animal by a veterinary surgeon for purposes of treatment, rehabilitation or disposal;

(3)  the capture, keeping in captivity or disposal of a migratory bird covered by the Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22) by the holder of a permit issued in accordance with the Migratory Birds Regulations (C.R.C., c. 1035);

Not in force

(4)  the keeping in captivity or disposal of a red fox (Vulpes vulpes), arctic fox (Vulpes lagopus) or an American mink (Neovison vison) by the holder of a permit authorizing its breeding, in accordance with the Animal Welfare and Safety Act (chapter B-3.1); and

(5)  the capture, keeping in captivity or disposal of an animal by a public servant appointed under the Public Service Act (chapter F-3.1.1) in the performance of duties.

(6)  the capture, keeping in captivity or disposal of an African ostrich (Struthio camelus), an American bison (Bison bison), a red deer (Cervus elaphus), sika deer (Cervus nippon), fallow deer (Dama dama), wild boar (Sus scrofa) or wild yak (Bos grunniens mutus) by an agricultural operation registered in accordance with the Regulation respecting the registration of agricultural operations and the payment of property taxes and compensation (chapter M-14, r. 1.1), for breeding purposes with a view to dealing in meat or other food products.

For the purposes of this Regulation, “rehabilitation” means the whole process of caring for an injured or wounded, orphaned or sick animal that was captured in the wild in Québec with a view to setting it free again.

O.C. 1065-2018, s. 4.

5. Except for an animal referred to in the second or third paragraph, no licence to keep animals in captivity is required for capturing, keeping in captivity or disposing of an animal that is not listed in Schedule 1.

In the case of a wild turkey (Meleagris gallopavo), no licence is required for keeping it in captivity or for disposing of it.

In the case of an animal listed in Schedule 2, no licence is required for capturing it, keeping it in captivity or disposing of it, except for the keeping, at the same time and by a single person, of more than 15 specimens of a single species or subspecies listed in that Schedule, except amphibians at the tadpole and egg stages.

However, a teaching or scientific research establishment may keep without a licence more than 15 specimens from a single species or subspecies listed in Schedule 2 if the specimens are required for their activities.

O.C. 1065-2018, s. 5.

6. In addition to the licence holder, a licence issued under the Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1.1), may be used by the following persons:

(1)  an employee of the holder of a licence to keep animals in captivity who, on behalf of the holder, carries out activities authorized under the licence;

(2)  a volunteer of the holder of a licence to keep animals in captivity who, on behalf of the holder, carries out activities authorized under the licence;

(3)  a family member of the licence holder who resides with the licence holder.

O.C. 1065-2018, s. 6.

PART II CAPTURE AND IMPORTATION OF AN ANIMAL TO KEEP IT IN CAPTIVITY

O.C. 1065-2018, Part II.

CHAPTER I CONDITIONS FOR THE CAPTURE OF AN ANIMAL

O.C. 1065-2018, c. I.

7. An animal must be captured without hurting or intoxicating it.

Constant supervision must be exercised over any trap so that any animal that gets caught in it may be recovered or released rapidly.

O.C. 1065-2018, s. 7.

8. An animal not listed in Schedule 1 must be captured

(1)  by hand;

(2)  using a spoon-net, or a bag-shaped net kept open by a rigid or semi-rigid ring attached at the end of a shaft; or

(3)  using a cage designed to capture live small mammals, whose maximum length is 122 cm and maximum height 46 cm.

O.C. 1065-2018, s. 8.

9. The holder of a professional licence to capture and keep amphibians issued under the Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1.1) may capture an amphibian only between 15 July and 15 November in the fishing and hunting areas 1 to 16, 18, 19 southern part, 20, 21 and 25 to 29 established by the Regulation respecting fishing and hunting areas (chapter C-61.1, r. 34).

O.C. 1065-2018, s. 9.

10. The holder of a licence to capture birds of prey issued under the Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1.1) may capture a bird of prey only between 1 September and 31 December, using

(1)  a bownet;

(2)  a Swedish goshawk trap;

(3)  a Bal-chatri; or

(4)  a dho-gazza.

O.C. 1065-2018, s. 10.

11. The holder of a licence to capture birds of prey issued under the Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1.1) must register the bird with the Minister within 14 days following its capture.

With the registration, the holder must pay fees of $313.65 and sent to the Minister a report containing

(1)  the species captured;

(2)  its weight;

(3)  its microchip or ring number;

(4)  the coordinates of the place of capture;

(5)  the method of capture;

(6)  the date of capture.

As of 1 April 2019, the fees are adjusted annually by applying to their value for the preceding year the annual percentage change, computed for the month of June of the preceding year, in the general Consumer Price Index (CPI), published by Statistics Canada.

The Minister is to publish the results of the adjustment in Part 1 of the Gazette officielle du Québec or make it known by any other appropriate means.

O.C. 1065-2018, s. 11.

12. Every person who contravenes sections 7 to 11 is liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1).

O.C. 1065-2018, s. 12.

CHAPTER II CONDITIONS FOR IMPORTING AN ANIMAL INTO QUÉBEC

O.C. 1065-2018, c. II.

13. A person who intends to import an animal into Québec that belongs to one of the following orders must notify the Minister in writing 45 business days at the earliest and 10 business days at the latest before importing it:

(1)  artiodactyls (Artiodactyla);

(2)  carnivores (Carnivora);

(3)  chiropters (Chiroptera);

(4)  lagomorphs (Lagomorpha);

(5)  perissodactyls (Perissodactyla);

(6)  primates (Primates);

(7)  proboscidians (Proboscidea);

(8)  rodents (Rodentia), except one of the following species:

(a)  Mongolian gerbil (Meriones unguiculatus);

(b)  golden hamster (Mesocricetus auratus);

(c)  dwarf hamster (Phodopus spp.);

(d)  Norway rat (Rattus norvegicus);

(e)  house mouse (Mus musculus);

(9)  urodeles (Caudata).

Despite the first paragraph, the notice is not required where the animal

(1)  does not belong to a species listed in Schedule 1;

(2)  is imported by an individual for personal purposes; and

(3)  is kept in Canada.

The notice must contain the following particulars on the animal:

(1)  the scientific binomen of its species;

(2)  the conditions of its birth, in captivity or in the wild;

(3)  the place from which it is imported;

(4)  the scheduled date of importation;

(5)  the location where it arrives in Québec;

(6)  the projected place where it will be kept.

O.C. 1065-2018, s. 13.

14. It is prohibited to import into Québec an animal that may be a carrier of a pathogen listed in Schedule 3, except in the following cases:

(1)  measures to detect or eliminate the pathogen are applied and completed, before the arrival of the animal in Québec or as soon as it arrives in Québec, so that the risk that the animal carries a pathogen may be reasonably eliminated;

(2)  the animal is part of a group of animals registered in a government certification program attesting that the animal shows a negligible risk of being a carrier of the pathogen.

If such an animal is imported, the following documents, if they exist, must be enclosed with the notice provided for in the second paragraph of section 13:

(1)  the result of the diagnostic tests performed on the animal;

(2)  any document by a veterinary surgeon that enables to assess the risk that the animal carries the pathogen.

O.C. 1065-2018, s. 14.

15. In the case of an offence under the provisions of section 14, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 15.

PART III KEEPING IN CAPTIVITY OF AN ANIMAL

O.C. 1065-2018, Part III.

CHAPTER I GENERAL

O.C. 1065-2018, c. I.

16. This Regulation applies to an animal whose movements are voluntarily limited or directed so that it may be kept in captivity or be under the control of its keeper.

For the purposes of this Regulation,

(1)  a keeper is,

(a)  if the animal belongs or is entrusted to an enterprise, any director, any officer, any representative, any employee or any volunteer of the enterprise who, in the performance of duties, exercises control over the conditions in which the animal is kept;

(b)  if the animal belongs to an individual, any person who exercises control over the conditions in which the animal is kept;

(2)  is under the control of the keeper:

(a)  an animal whose movements are limited or directed by its keeper;

(b)  a tamed animal, so that it stays with its keeper where it is not kept in an animal keeping facility.

O.C. 1065-2018, s. 16.

17. An animal kept in captivity for teaching or scientific research purposes in an animal keeping facility and according to a protocol to use the animal that were approved by an animal protection committee under the responsibility of an institution that holds a certificate of GAP, Good Animal Practice, of the Canadian Council on Animal Care is exempt from sections 25 to 52, 63, 66 to 68, 96 to 98 and 106 to 109.

O.C. 1065-2018, s. 17.

18. A bullfrog (Lithobates catesbeianus), a green frog (Lithobates clamitans) or a leopard frog (Lithobates pipiens) kept in captivity by an individual on a fishing site to be used as bait is exempt from the provisions of this Part.

O.C. 1065-2018, s. 18.

19. Only sections 53 to 56, 62, 65 and 86 to 95 apply to an animal within the meaning of subparagraph b of subparagraph 1 of the second paragraph of section 1 of the Animal Welfare and Safety Act (chapter B-3.1) that is kept in captivity for breeding purposes with a view to dealing in fur or in meat or other food products.

O.C. 1065-2018, s. 19.

20. Only sections 46 to 50, 52 to 56, 62, 63, 65, 72, 82 to 85, 91 to 95, 100, 105, 116 to 118, 120 and 124 to 126 apply to an animal being moved in a transport cage.

O.C. 1065-2018, s. 20.

21. Part III, except sections 35, 37, 41, 42, 66 and 68, applies to an animal kept in captivity by a producer within the meaning of the Farm Producers Act (chapter P-28) for breeding purposes with a view to dealing in fur or in meat or other food products, except in the case of a red fox (Vulpes vulpes) or an American mink (Neovison vison).

O.C. 1065-2018, s. 21.

22. Sections 25, 26, 29, 35, 37, the second paragraph of section 41, sections 42 to 44, 51, 68, the first paragraph of section 96 and sections 97, 101, 106 to 109 do not apply to an animal kept

(1)  less than 90 days in one of the following situations:

(a)  the animal accompanies its keeper who is travelling;

(b)  the animal is boarded or on loan;

(c)  the animal is hospitalized;

(d)  the animal is in isolation in anticipation of its departure or in quarantine;

(e)  the animal takes part in an audiovisual production, a show or a traveling exhibition;

(f)  the animal is kept to be sold by an animal wholesaler; or

(g)  the animal’s cage or enclosure is under renovation or repair;

(2)  less than 1 year while the animal keeping facility is being renovated or reconstructed.

Those sections apply in case of superior force.

O.C. 1065-2018, s. 22.

23. The animal owner is not required to comply with a provision of this Part if the owner holds a notice in writing from a veterinary surgeon specifying that the application of the provision is counter-productive by reason of the animal’s age or state of health, in the context of a planned veterinary operation or the collection of biological samples.

The veterinary surgeon’s notice must contain

(1)  the identification number of the animal concerned or, failing that, a description of the physical characteristics allowing to identify the animal easily;

(2)  the provisions of this Part the application of which is contraindicated and the period of the contraindication;

(3)  the name and contact information of the animal’s owner;

(4)  the date on which the notice is issued; and

(5)  the signature of the veterinary surgeon and the number of his or her permit issued by the Ordre des médecins vétérinaires du Québec.

The notice must be kept at all times by the keeper of the animal throughout the period of contraindication and be shown at the request of a wildlife protection officer.

O.C. 1065-2018, s. 23.

24. A veterinary surgeon is not required to comply with a provision of this Part if the application thereof is contraindicated by reason of the state of health of the animal he or she is keeping or in the context of a planned veterinary operation.

O.C. 1065-2018, s. 24.

CHAPTER II GENERAL CONDITIONS FOR KEEPING ANIMALS

O.C. 1065-2018, c. II.

DIVISION I HEALTH AND WELFARE OF ANIMALS

O.C. 1065-2018, Div. I.

§ 1 . — Food

O.C. 1065-2018, Sd. 1.

25. Every animal must have access to quality food appropriate for its species and in a quantity sufficient to meet the animal’s needs in nutrients and calories.

O.C. 1065-2018, s. 25.

26. Every animal must have ready access to quality water in a quantity sufficient to meet the animal’s daily needs.

The water needs of an animal belonging to a species whose natural distribution range is typically situated in a desert climate may also be met by the availability of water-rich food that suits its species.

Ice is not a source of quality water. However, snow may be a source of quality water for an animal housed in an animal keeping facility located outside a building if snow

(1)  is abundant;

(2)  is mostly not compacted; and

(3)  is not contaminated by excrements, urine, litter or toxic substances.

O.C. 1065-2018, s. 26.

27. Water, other than the pool of water, and food must be served in a manner such as to avoid easy contamination by excrements, urine, toxic substances, litter or substrate.

O.C. 1065-2018, s. 27.

28. In the case of an offence against one of the conditions for keeping animals set out in this subdivision, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 28.

§ 2 . — Habitat

O.C. 1065-2018, Sd. 2.

29. Every animal must be kept in an animal keeping facility that offers living conditions compatible with the biological requirements of its species.

O.C. 1065-2018, s. 29.

30. Animal keeping facilities are classified as follows:

(1)  a cage;

(2)  an enclosure;

(3)  a shift cage;

(4)  a shift enclosure.

A cage is a space closed on all its faces, in particular using walls, windows or wire mesh, so that the animal cannot get out. It is accessible through openings equipped with doors that can be closed.

An enclosure is a space open on certain of its faces and includes obstacles which prevent the animal from getting out.

A shift cage and a shift enclosure are spaces used to lock up an animal outside its cage or enclosure, in particular to allow its keeper to safely access the cage or enclosure. They communicate directly, as the case may be, with a cage or an enclosure by means of a door that can be closed.

The living area of an immovable used for residential purposes is not considered as an animal keeping facility.

O.C. 1065-2018, s. 30.

31. An animal keeping facility must be laid out to ensure the safety of the animal kept in it, in particular by

(1)  limiting aggressions by the other animals kept in the facility;

(2)  preventing aggressions by the animals in the nearby animal keeping facilities;

(3)  being free from protrusions, sharp edges or other asperities that could easily hurt the animals; and

(4)  preventing the animals from getting burned or intoxicated.

O.C. 1065-2018, s. 31.

32. Animal keeping facilities where an animal is kept and the building where the facilities are located must always be kept in a good state of cleanliness.

They must be cleaned regularly and be laid out so that

(1)  the facilities do not receive excrements, urine or food remnants from another animal keeping facility;

(2)  the animal may avoid direct contact with its excrements and those of the other animals;

(3)  food waste, excrements or urine do not accumulate in large quantities;

(4)  liquids on the soil of buildings drain rapidly so that the soil remains dry.

O.C. 1065-2018, s. 32.

33. Pools of water must contain good quality water free from considerable contamination due in particular to excrements, urine, food or toxic substances.

The water of pools of water must be replaced regularly or, failing that, be filtered.

O.C. 1065-2018, s. 33.

34. Any dead animal must be removed from the animal keeping facilities as soon as possible, unless it is food for the animal kept therein.

O.C. 1065-2018, s. 34.

35. An animal keeping facility and, if applicable, the pool of water must be of a size that meets the needs of the animal housed there and be adapted to the number of individuals housed therein.

If a keeping facility houses a mammal or a bird old enough to be separated from its parents, or an amphibian or reptilian of any age, the facility and, if applicable, the pool of water must comply with the minimum standards in Schedule 4, unless the animal kept there is in one of the following situations:

(1)  the animal is hibernating;

(2)  the animal is being rehabilitated;

(3)  the animal is kept leashed in accordance with section 102.

However, if an animal is sold or put up for adoption by a pet shop, a municipal pound or an enterprise that shelters abandoned animals, the size of its animal keeping facility and, if applicable, those of its pool of water must correspond to at least 35% of the size prescribed in Schedule 4.

In calculating the area of a cage or enclosure, the area of the shift cages and shift enclosures may be considered if the area of the aggregate of the facilities is accessible to the animal most of the day.

O.C. 1065-2018, s. 35.

36. The ground of an animal keeping facility must comply with the following conditions:

(1)  it allows the animal to move without sliding;

(2)  it favours the good health of the animal’s feet.

In the case of an animal keeping facility for a land animal, the ground must be properly drained over at least 80% of the area provided for in Schedule 4.

O.C. 1065-2018, s. 36.

37. If the animal keeping facility is located outside a building, the animal kept therein must have ready access to a shelter that suits its morphology and that allows the animal to shield itself hide from direct sunrays and prevailing winds.

If more than 1 animal is housed in the same animal keeping facility, the size or number of shelters must be sufficient for all the animals to take shelter there simultaneously.

O.C. 1065-2018, s. 37.

38. The ambient temperature of an animal keeping facility must be compatible with the temperature interval normally encountered in the natural distribution range of the animal’s species or, if applicable, subspecies. The foregoing also applies to the temperature of the water in the pool of water of an aquatic or semi-aquatic animal.

The temperature must also be adapted to the age, growth stage and state of health of the animal. In the case of certain reptilians, the temperature must also be adapted to their need to have access to different temperature zones to ensure their thermoregulation.

The ambient temperature of an animal keeping facility may however not comply with the provisions of the first and second paragraphs if the animal has access at all times to a cage or an enclosure where the ambient temperature complies with those provisions. The cage or enclosure must comply with the minimum standards provided for in Schedule 4.

Temperature interval means the interval between the maximum temperature of the hottest month and the minimum temperature of the coldest month, excluding exceptional weather events.

O.C. 1065-2018, s. 38.

39. The humidity rate of an animal keeping facility located inside a building must take into account the climate encountered in the natural distribution range of the animal species.

O.C. 1065-2018, s. 39.

40. The building where an animal is kept must be sufficiently ventilated so as to dissipate the excess heat and to prevent the concentration of contaminants, including ammonia which may not exceed a concentration of 25 parts per million (ppm).

O.C. 1065-2018, s. 40.

41. Most of the space of an animal keeping facility must be lighted evenly. The daily duration of the lighting must be compatible with the photoperiod normally encountered in the natural distribution range of the animal species, unless the animal is hibernating.

The average intensity of the lighting at ground level must be at least

(1)  50 lux for birds and for mammals belonging

(a)  to one of the following orders:

i.  artiodactyls (Artiodactyla);

ii.  carnivores (Carnivora);

iii.  cetaceans (Cetacea);

iv.  Cingulata;

v.  dasyuromorphs (Dasyuromorphia);

vi.  diprotodonts (Diprotodontia);

vii.  hyraxes (Hyracoidea);

viii.  monotremes (Monotremata);

ix.  perissodactyls (Perissodactyla);

x.  pangolins (Pholidota);

xi.  Pilosa;

xii.  primates (Primates);

xiii.  proboscidians (Proboscidea);

xiv.  sirenians (Sirenia);

xv.  tubulidentata (Tubulidentata);

(b)  to one of the following families:

i.  castorids (Castoridae);

ii.  cavies (Caviidea);

iii.  chinchillids (Chinchillidae);

iv.  erethizontids (Erethizontidae);

v.  hystricids (Hystricidae);

vi.  sciurids (Sciuridae);

(2)  15 lux for mammals belonging to one of the following orders:

(a)  Afrosoricida;

(b)  didelphimorphs (Didelphimorphia);

(c)  erinaceomorphs (Erinaceomorpha);

(d)  lagomorphs (Lagomorpha);

(e)  scandentians (Scandentia);

(3)  5 lux for mammals belonging to the order soricomorphs (Soricomorpha) or the family cricetids (Cricetidae), dipodids (Dipodidae) or murids (Muridae).

O.C. 1065-2018, s. 41.

42. The ambient noise level in an animal keeping facility must be normally under 70 decibels, excluding the vocalisations and cries from the animals kept therein.

O.C. 1065-2018, s. 42.

43. The keeping facility of an animal from a species living in trees must be equipped with several accessories, such as branches, to allow the animal to climb and move high up.

O.C. 1065-2018, s. 43.

44. The keeping facility of an animal from a species that normally uses burrows or hideouts in its natural habitat must be equipped with a sufficient number of accessories to allow the animals in there to hide simultaneously.

O.C. 1065-2018, s. 44.

45. In the case of an offence against one of the conditions for keeping animals set out in this subdivision, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 45.

§ 3 . — Physical integrity

O.C. 1065-2018, Sd. 3.

46. Every animal must receive the health care required when injured or sick.

O.C. 1065-2018, s. 46.

47. No person may subject an animal to a treatment that will cause death, it undue pain or serious injuries, unless it is killed in accordance with sections 56, 132 and 133 or is used as food for another animal.

O.C. 1065-2018, s. 47.

48. No person may train or control an animal using means designed to cause physical pain, unless the animal is a serious and imminent threat to the safety of a person.

O.C. 1065-2018, s. 48.

49. When an animal is referred to in the first paragraph of section 22 or is transported, the necessary measures must be taken to prevent the animal from

(1)  becoming dehydrated;

(2)  suffering a lack of food that could cause harm;

(3)  being exposed to temperatures that could cause harm;

(4)  getting hurt physically;

(5)  being exposed to bad weather.

O.C. 1065-2018, s. 49.

50. If the nails, hooves, claws, beak or teeth of an animal do not wear out enough naturally, they must be trimmed or filed so that they remain of a normal length and shape.

O.C. 1065-2018, s. 50.

51. An animal may not be kept more than 16 hours per day in a shift cage or a shift enclosure, unless the area of the aggregate of the shift cages and shift enclosures is accessible to the animal during that period and complies with the minimum standards applicable to a cage or enclosure provided for in Schedule 4.

However, an animal may be kept for 48 hours per period of 72 hours in a shift cage or in a shift enclosure for the purposes of urine collection.

O.C. 1065-2018, s. 51.

52. Every person who contravenes sections 47 and 48 is liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

In case of an offence against one of the conditions for keeping animals provided for in sections 46 and 49 to 51, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 52.

DIVISION II PROTECTION OF THE PUBLIC AND CONSERVATION OF WILDLIFE

O.C. 1065-2018, Div. II.

53. Unless otherwise provided, an animal must be kept at all times in an animal keeping facility or in a transport cage built from materials sturdy enough and maintained in good condition so that it resists the animal and prevents its escape.

O.C. 1065-2018, s. 53.

54. Subject to sections 72, 115 and 120, an animal may occasionally be kept outside an animal keeping facility or a transport cage if it remains under the constant monitoring of its keeper to prevent its escape. In the case of an animal not listed in Schedule 1, the animal may be monitored by any other competent person designated by the keeper.

O.C. 1065-2018, s. 54.

55. The keeper of an animal listed in Schedule 1 that escaped the site for keeping animals or has been accidently released must, as soon as possible, notify a wildlife protection officer of the situation and provide the officer with all the information required to identify the animal.

O.C. 1065-2018, s. 55.

56. As soon as a keeper becomes aware or is informed that an animal has escaped from the animal keeping facilities, the keeper must look for it actively to capture it in accordance with sections 7, 8, 55 and 94.

The animal may be killed without a licence if it represents a serious and imminent threat to the safety of a person. The person who kills it must so declare as soon as possible to a wildlife protection officer.

If an animal is not captured or killed within 7 days of its escape, every measure taken by a wildlife protection officer, a public servant or any other mandatary of the Government to capture or kill the animal is at the expense of the owner of the animal. Any unpaid balance bears interest at the rate fixed in accordance with the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002) as of the 30th day following the billing date.

O.C. 1065-2018, s. 56.

57. Any animal exhibited must be kept so that it cannot inflict serious injuries to the public.

Where such an animal poses a significant risk of injuring the public, the keeping facilities must be designed to limit the risk and to maintain the public at a safe distance, in particular by installing parapets, low walls or landscaping structures.

For the purposes of this Regulation, an exhibited animal is an animal presented to the general public for pedagogical or entertainment purposes.

O.C. 1065-2018, s. 57.

58. Without prejudice to section 73, the free movement of the public in the animal keeping facility of an exhibited animal must, if applicable, be limited to certain areas so that the animal may easily withdraw from physical contact with the public.

O.C. 1065-2018, s. 58.

59. If the public may handle an exhibited animal, the animal must be in good health and constantly monitored by its keeper or, in the case of an animal not listed in Schedule 1, by any other competent person designated by the keeper.

A device allowing to wash or sanitize hands must be available to the public.

O.C. 1065-2018, s. 59.

60. Measures to prevent the transmission to the public of a pathogen referred to in Schedule 3 or 5 must be taken in respect of any exhibited animal that is a carrier or that belongs to a species more at risk of carrying it.

O.C. 1065-2018, s. 60.

61. In order to detect the presence of pathogens referred to in Schedule 3 or 5, a necropsy must be performed by a veterinary surgeon on any exhibited animal likely to have been in contact with the public in the 30 days preceding its death.

O.C. 1065-2018, s. 61.

62. If the presence of a pathogen referred to in Schedule 3 is observed or suspected in an animal, the pathogen must be declared as soon as possible to the Minister.

Measures must be immediately taken to eliminate the pathogen and prevent its transmission to the public or to animals, such as isolation, the administration of treatments or killing the animal.

Every measure taken by a wildlife protection officer, a public servant or any other mandatary of the Government to prevent the transmission of the pathogen is at the expense of the owner of the animal. Any unpaid balance bears interest at the rate fixed in accordance with the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002) as of the 30th day following the billing date.

O.C. 1065-2018, s. 62.

63. No medication referred to in Schedule IV to the Regulation respecting the terms and conditions for the sale of medications (chapter P-10, r. 12) may be administered to an animal without a prescription from a veterinary surgeon.

O.C. 1065-2018, s. 63.

64. All reasonable means must be taken to prevent the taming of an animal in rehabilitation or its conditioning to human food sources, in particular by preventing the animal from having a visual contact with the public.

O.C. 1065-2018, s. 64.

65. Every person who contravenes section 54, the first and second paragraphs of section 56 and section 59 is liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

In the case of an offence against one of the conditions for keeping animals provided for in sections 53, 57, 58, 60, 61, the first and second paragraphs of section 62, sections 63 and 64, the owner of the animal concerned and the enterprise to which the animal is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 65.

CHAPTER III CONDITIONS SPECIFIC TO THE KEEPING OF MAMMALS

O.C. 1065-2018, c. III.

DIVISION I CONDITIONS APPLICABLE TO CERTAIN MAMMALS

O.C. 1065-2018, Div. I.

66. Every mammal born in captivity must be allowed to receive the care provided by its parents according to the biology of its species.

A young mammal may however be entrusted to a substitute parent or be raised by a person if the animal

(1)  is orphaned;

(2)  is rejected by its parent or does not receive from its parent enough care to ensure its survival despite having access to an adequate environment and food resources.

O.C. 1065-2018, s. 66.

67. If the floor of the animal keeping facility of a mammal consists of wire mesh, the gauge of the wire and the size of the mesh must not be likely to harm the animal and let the animal’s leg go through.

The mammal must have access to an unfenced section on which it may lay down.

O.C. 1065-2018, s. 67.

68. Objects or structures favouring the animal’s entertainment must be placed in the keeping facility of an animal belonging to one of the following orders:

(1)  carnivores (Carnivora);

(2)  cetaceans (Cetacea);

(3)  primates (Primates);

(4)  proboscidians (Proboscidea).

Those objects and structures must in particular stimulate social behaviours, play or food seeking.

O.C. 1065-2018, s. 68.

69. The rehabilitation of a mammal must take place in an animal keeping facility located less than 75 km from the place where the animal was found or captured in the case of the following animals:

(1)  an animal belonging to the family canids (Canidae);

(2)  a white-tailed deer (Odocoileus virginianus);

(3)  a striped skunk (Mephitis mephitis);

(4)  a raccoon (Procyon lotor).

An animal that has been found or captured south of the St. Lawrence River may not however be rehabilitated in an animal keeping facility that is north of the River.

For the purposes of the first paragraph, the rehabilitation of a mammal found or captured in one of the fishing and hunting areas 12 to 14, 16 to 19, 22 to 24, 28 and 29 established by the Regulation respecting fishing and hunting areas (chapter C-61.1, r. 34) must take place in an animal keeping facility that is less than 150 km from the place where it was found or captured.

Any mammal referred to in the first paragraph must be vaccinated against rabies not later than 1 week after its arrival at the rehabilitation location, except for white-tailed deer (Odocoileus virginianus).

O.C. 1065-2018, s. 69.

70. In the case of an offence against one of the conditions for keeping animals provided for in this Division, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 70.

DIVISION II CONDITIONS SPECIFIC TO HIGH-RISK MAMMALS

O.C. 1065-2018, Div. II.

71. This Division applies to high-risk mammals listed in Schedule 6, unless the mammal is less than 6 months old and weighs less than 18 kg.

O.C. 1065-2018, s. 71.

72. A high-risk mammal must be kept at all times in one of the animal keeping facilities listed in Schedule 7 or in a transport cage, unless

(1)  the animal is under anesthesia;

(2)  it is trained to take part in an audiovisual production or takes part in such a production in a place where the general public is not present, and safety measures are taken to prevent the escape of the animal and to limit the risks of attack.

O.C. 1065-2018, s. 72.

73. The keeper of the animal may not allow the public to move around in an animal keeping facility when the animal is in it, unless the public moves around in a vehicle

(1)  equipped with doors that cannot be opened by the public from the inside; and

(2)  designed to prevent the animal from injuring the public.

O.C. 1065-2018, s. 73.

74. The animal keeping facilities of a high-risk mammal must be designed so as to prevent any physical contact between the animal and a person other than its keeper, in particular by keeping the public at a safe distance that prevents the public from approaching, as the case may be, less than

(1)  3.65 m from the perimeter elements allowing the passage of the trump of a mammal in the family of elephantids (Elephantidae); or

(2)  1.2 m from any other perimeter element made up of bars or fencing.

Where an animal keeping facility is in a pedestrian zone, the public must be kept at the distance provided for in the first paragraph by means of a structure that:

(1)  cannot be climbed by a child; and

(2)  is at least 1.07 m high.

O.C. 1065-2018, s. 74.

75. Subject to sections 76 to 78, an animal keeping facility, including perimeter elements, overhangs, wire mesh, electrical wires, the safety zone and the clearance zone, must comply with the minimum standards in Schedule 7.

The height of a perimeter element, such as walls, fences, glass and mesh walls, is measured from the emerged or immerged ground level. The inside height of the perimeter element includes, if applicable, the overhang but the outside height excludes it.

The length of the clearance zone is measured from the perimeter element and perpendicularly to it. If there is an overhang, the length is measured from the end of the overhang.

For the purposes of this Regulation,

(1)  “overhang” (surplomb) means an extension of the perimeter elements inclined towards the inside of an enclosure at an angle between 0 degrees and 55 degrees above the horizon;

(2)  “clearance zone” (zone de dégagement) means the zone having all the following characteristics:

(a)  it is located inside an enclosure;

(b)  it is adjacent to the perimeter element;

(c)  it is free from accumulations of snow, rocks, trees or structures on which the animal could climb, unless, in the case of trees, they are equipped with a device to prevent the animal from climbing;

(d)  the ground level is equal to or lower than the ground level at the junction of the perimeter element and the area;

(3)  “safety zone” (zone de sécurité) means a closed space designed to prevent the escape of an animal while a person has access to its animal keeping facility and that has the following characteristics:

(a)  it is large enough to allow at least 1 person to enter and close access;

(b)  it is equipped with a device that enables to see all the inside of the zone without entering; and

(c)  it is constantly locked, except when the keeper has access thereto.

O.C. 1065-2018, s. 75.

76. Perimeter elements are not required to extend underground if they are anchored to a soil composed of a solid material that cannot be deteriorated by the animal and that goes along the perimeter element over a minimum distance of 1 m, measured perpendicularly to the perimeter element on the inside of the animal keeping facility.

O.C. 1065-2018, s. 76.

77. The wires of a wire mesh section are not required to be spaced in accordance with the provisions of Schedule 7 if the wire mesh section complies with one of the following conditions:

(1)  it is more than 1.8 m above the ground;

(2)  it is located outside a safety zone at a distance of more than 1.5 m from the place where the public may be present.

O.C. 1065-2018, s. 77.

78. No overhang is required at the top of the perimeter elements entirely made of a smooth material which the animal cannot climb.

O.C. 1065-2018, s. 78.

79. An electric wire must include a secondary supply system that automatically takes over in case of failure of the main supply system in the following cases:

(1)  the wire is combined with a perimeter element;

(2)  the wire is integrated in the design of an overhang;

(3)  the wire is used to prevent the animal from climbing.

O.C. 1065-2018, s. 79.

80. The cage or enclosure of a high-risk mammal must be linked, by shift doors, to a shift enclosure or to a shift cage complying with the minimum standards provided for in Schedule 7, unless the cage or enclosure has an area greater than 0.5 km2.

If 2 animals or more are housed in the same facility, the facility must at least be linked to 2 shift enclosures or shift cages.

The shift doors must be designed so that they can be activated only from the outside of the keeping facility and cannot be opened by an animal.

O.C. 1065-2018, s. 80.

81. If a safety zone is mandatory according to Schedule 7, the entrances to the keeping facility must be located inside the safety zone, except for the following entrances:

(1)  the doors used to transfer, in a transport cage, a mammal belonging to the family hippopotamids (Hippopotamidae), rhinocerotids (Rhinocerotidae) or elephantids (Elephantidae);

(2)  the doors used to let in vehicles, machinery or materials that cannot go through a regular access door or be moved to the animal keeping facility.

All the entrances must be kept under lock when the animal is in the facility and include a message written in large letters clearly indicating that the animal kept therein is dangerous.

O.C. 1065-2018, s. 81.

82. A high-risk mammal must be transported under anesthesia or in a locked transport cage that complies with the Live Animals Regulations published by the International Air Transport Association (IATA).

The animals belonging to any of the following orders may also be transported in a trailer specifically designed for that purpose:

(1)  hyppopotamids (Hippopotamidae);

(2)  rhinocerotids (Rhinocerotidae);

(3)  elephantids (Elephantidea).

O.C. 1065-2018, s. 82.

83. Not later than 1 month after its acquisition or not later than 6 months after its birth, a high-risk mammal must be identified by means of a microchip that meets the international standards ISO 11784 and 11785, a tattoo or an ear tag.

O.C. 1065-2018, s. 83.

84. Notice must be immediately given to a wildlife protection officer where a high-risk mammal has escaped from its animal keeping facility or has injured a person.

O.C. 1065-2018, s. 84.

85. In the case of an offence against one of the conditions for keeping animals provided for in sections 72 to 75 and 79 to 83, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 85.

DIVISION III CONDITIONS SPECIFIC TO WILD BOARS AND LARGE CERVIDS

O.C. 1065-2018, Div. III.

86. This Division applies to large cervids listed in Schedule 6 and to wild boars (Sus scrofa).

O.C. 1065-2018, s. 86.

87. Subject to section 88, an animal keeping facility, including the perimeter elements, wire mesh, electrical wires and the clearance zone, must comply with the minimum standards in Schedule 7 if the animal kept therein is more than 4 months old.

O.C. 1065-2018, s. 87.

88. The perimeter elements of a facility where a wild boar is kept (Sus scrofa) must go underground, except in the following cases:

(1)  the perimeter elements are anchored to a soil composed of a solid material that cannot be deteriorated by the animal and that goes along the perimeter elements over a minimum distance of 1 m, measured perpendicularly to the perimeter element on the inside of the animal keeping facility;

(2)  an electrical wire is combined with the perimeter elements of an animal keeping facility that is surrounded by a fence that meets the following conditions:

(a)  it is separate and independent from the animal keeping facility;

(b)  it has a minimum height of 1.8 m;

(c)  it is located from 1.2 m to 5 m from the outside of the perimeter elements;

(d)  it is built with wire mesh of the same type and gauge as those provided for in Schedule 7 for animal keeping facilities for wild boars (Sus scrofa).

O.C. 1065-2018, s. 88.

89. An electrical wire combined with a perimeter element must include a secondary supply system that may rapidly take over in case of failure of the main supply system.

O.C. 1065-2018, s. 89.

90. Animal keeping facilities must be designed to prevent cervids (Cervidea) living in the wild from becoming captive of the animal keeping facilities.

O.C. 1065-2018, s. 90.

91. A large cervid may not be moved to another site for keeping animals if it is kept in a facility less than 100 km from a site where the presence of the chronic wasting disease of cervids has been observed or is suspected in an animal.

O.C. 1065-2018, s. 91.

92. A large cervid or a wild boar (Sus scrofa) must be identified by means of an ear tag that is visible to the naked eye at a distance of at least 10 m and includes an identification number.

The identification must be carried out,

(1)  in the case of a large cervid, not later than 31 December following its date of birth; and

(2)  in the case of a wild boar (Sus crofa), not later than 6 months after its birth.

Tags complying with the Health of Animals Regulations (C.R.C., c. 296) or the Regulation respecting the identification and traceability of certain animals (chapter P-42, r. 7) count as a tag required under this section.

O.C. 1065-2018, s. 92.

93. Notice must be immediately given to a wildlife protection officer when a large cervid or a wild boar (Sus scrofa) has escaped from the keeping facility.

O.C. 1065-2018, s. 93.

94. If a white-tailed deer (Odocoileus virginianus), a moose (Alces americanus) or a caribou (Rangifer tarandus) escapes, the animal may be captured only if it bears identification in accordance with section 92.

O.C. 1065-2018, s. 94.

95. In the case of an offence against one of the conditions for keeping animals provided for in sections 87 to 92, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 95.

CHAPTER IV CONDITIONS SPECIFIC TO THE KEEPING OF BIRDS

O.C. 1065-2018, c. IV.

DIVISION I VARIOUS CONDITIONS APPLICABLE TO CERTAIN BIRDS

O.C. 1065-2018, Div. I.

96. The animal keeping facility of a bird of adult size belonging to one of the groups 12 to 27 listed in Schedule 4 must be equipped with a least 2 perches of varying sizes, shapes or textures, or that are covered with a material that favours the good health of the feet.

If more than 1 bird is housed in the same animal keeping facility, the number of perches must be sufficient to allow all birds to perch at the same time.

O.C. 1065-2018, s. 96.

97. Objects or structures favouring entertainment must be placed in the keeping facility of an animal belonging to the order psittaciformes or the family of corvids (Corvidae).

Those objects and structures must in particular stimulate social behaviours, play or food seeking.

O.C. 1065-2018, s. 97.

98. In the case of an offence against one of the conditions for keeping animals provided for in this Division, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 98.

DIVISION II CONDITIONS SPECIFIC TO BIRDS OF PREY

O.C. 1065-2018, Div. II.

99. This Division applies to birds belonging to the order accipitriformes, falconiformes or strigiformes.

O.C. 1065-2018, s. 99.

100. Not later than 90 days after its birth or not later than 14 days after its acquisition, a bird of prey must be identified by means of a microchip that meets the international standards ISO 11784 and 11785 or a leg band, except if the bird is kept in captivity for rehabilitation purposes.

O.C. 1065-2018, s. 100.

101. For the purposes of section 26, the daily water needs of a bird of prey may be met by the availability of water-rich food, except during the summer season.

O.C. 1065-2018, s. 101.

102. If it is in a cage that protects it against predators or if it is under the constant supervision of its keeper, a bird of prey may be kept leashed, for a period not exceeding 24 hours, by means of a leash fixed to jesses attached to the bird’s tarsi.

However, the bird may be kept leashed for a longer period of time in one of the following cases:

(1)  during the small game hunting season if the bird is allowed to fly each week and is kept by the holder of a small game with a bird of prey hunting licence issued in accordance with the Regulation respecting hunting (chapter C-61.1, r. 12);

(2)  if the bird is allowed to fly each week as part of its training, shows, presentations to the public or activities for the management of intrusive animals;

(3)  during the season where its weight is lowered owing to its training.

O.C. 1065-2018, s. 102.

103. Despite the first paragraph of section 96, the keeping facility of a bird of prey kept leashed may have only 1 perch that is covered with a material that favours the good health of the bird’s feet.

O.C. 1065-2018, s. 103.

104. A bird of prey may fly unleashed outside a building or keeping facility if it is equipped with an emitter that enables its keeper to locate it at all times by means of a receiver.

O.C. 1065-2018, s. 104.

105. In the case of an offence against one of the conditions for keeping animals provided for in this Division, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 105.

CHAPTER V CONDITIONS SPECIFIC TO THE KEEPING OF REPTILES AND AMPHIBIANS

O.C. 1065-2018, c. V.

DIVISION I VARIOUS CONDITIONS APPLICABLE TO CERTAIN REPTILES AND AMPHIBIANS

O.C. 1065-2018, Div. I.

106. For the purposes of section 25, a reptile must be given food or UV-B rays to satisfy its needs in vitamin D3.

O.C. 1065-2018, s. 106.

107. For the purposes of section 26, an amphibian must have access to a humid substrate or a pool of water large enough for its entire underbody to be in contact with the water.

O.C. 1065-2018, s. 107.

108. An animal belonging to group 5 or group 11 listed in Schedule 4 must have access to an environment that allows it to stay completely out of the water, except for animals belonging to one of the following families:

(1)  carettochelyids (Carettochelyidae);

(2)  chelonids (Cheloniidae);

(3)  chelydrids (Chelydridae);

(4)  dermochelyids (Dermochelyidae);

(5)  kinosternids (Kinosternidae).

If more than 1 animal is housed lodged in the same keeping facility, the layout of the environment must be large enough so that all the animals can stay out of the water at the same time.

O.C. 1065-2018, s. 108.

109. In the case of an offence against one of the conditions for keeping animals provided for in this Division, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 109.

DIVISION II CONDITIONS SPECIFIC TO LARGE REPTILES

O.C. 1065-2018, Div. II.

110. This Division applies to the following reptiles:

(1)  reptiles of a total length of 2.4 m or more belonging to the family boids (Boidae) or pythonids (Pythonidae);

(2)  reptiles of a snout-vent length of 0.90 m or more belonging to the family varanids (Varanidae) or the order crocodilians (Crocodylia).

O.C. 1065-2018, s. 110.

111. A keeping facility for a large reptile must have points of access, such as hatches or doors, that must be locked in the absence of the keeper.

O.C. 1065-2018, s. 111.

112. Keeping facilities for large reptiles belonging to the family varanids (Varanidae) or the order crocodilians (Crocodylia) must be designed to prevent any physical contact between the reptile and a person other than its keeper.

The perimeter elements, overhang, safety zone and clearance zone of the facility must also comply with the minimum standards in Schedule 7.

O.C. 1065-2018, s. 112.

113. Any access to a keeping facility for a large reptile belonging to the family varanids (Varanidae) or the order crocodilians (Crocodylia) must include a message written in large letters indicating that the animal kept therein is dangerous.

O.C. 1065-2018, s. 113.

114. Despite section 58, the public may not have access to the keeping facility of a large reptile, if the reptile is present.

O.C. 1065-2018, s. 114.

115. A large reptile belonging to the family varanids (Varanidae) or the order crocodilians (Crocodylia) may occasionally be kept outside the keeping facility if it is muzzled.

However, the animal is not required to be muzzled if

(1)  it is under anesthesia;

(2)  it is trained to take part in an audiovisual production or takes part in such a production in a place where the general public is not present, and safety measures are implemented to prevent the escape of the animal and to limit the risks of attack.

O.C. 1065-2018, s. 115.

116. A large reptile must be transported in a locked transport cage that complies with the Live Animals Regulations published by the International Air Transport Association (IATA).

O.C. 1065-2018, s. 116.

117. Notice must be immediately given to a wildlife protection officer where a large reptile has escaped from the keeping facility or has injured a person.

O.C. 1065-2018, s. 117.

118. In the case of an offence against one of the conditions for keeping animals provided for in sections 111 to 116, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 118.

DIVISION III CONDITIONS SPECIFIC TO VENOMOUS REPTILES

O.C. 1065-2018, Div. III.

119. This Division applies to reptilian species listed in Schedule 6 and to any other reptilian species the venom of which has been established as potentially lethal for a human being.

O.C. 1065-2018, s. 119.

120. A venomous reptile must be kept at all times in a cage, a shift cage or a transport cage, unless

(1)  it is under anesthesia;

(2)  it is handled by its keeper in a safety zone;

(3)  it is trained to take part in an audiovisual production or takes part in such a production in a place where the general public is not present, and safety measures are taken to prevent the escape of the animal and to limit the risks of attack.

O.C. 1065-2018, s. 120.

121. The keeping facilities of a venomous reptile must be designed to prevent any physical contact between the animal and a person other than its keeper, in particular by complying with the following standards:

(1)  the wire mesh sections must be laid out so that only the keeper can have access;

(2)  every access to the keeping facility must be constantly locked, except when the keeper has access thereto;

(3)  every access must be accessible from a safety zone, the soil of which being clear of any element that the venomous reptile could use to hide.

O.C. 1065-2018, s. 121.

122. Every access to the keeping facility of a venomous reptile must include a message written in large letters clearly indicating its species and that the animal kept therein is venomous.

O.C. 1065-2018, s. 122.

123. Despite section 58, only the keeper may have access to the keeping facility of a venomous reptile, if the reptile is present.

O.C. 1065-2018, s. 123.

124. A venomous reptile must be transported in a locked transport cage that complies with the Live Animals Regulations published by the International Air Transport Association (IATA).

O.C. 1065-2018, s. 124.

125. Notice must be immediately given to a wildlife protection officer where a venomous reptile has escaped from the keeping facility or has bitten a person.

O.C. 1065-2018, s. 125.

126. In the case of an offence against one of the conditions for keeping animals provided for in sections 120 to 124, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 126.

PART IV DISPOSITION OF AN ANIMAL IN CAPTIVITY

O.C. 1065-2018, Part IV.

127. No animal kept in captivity may be set free in the wild, except for the following animals:

(1)  an animal that is fit to survive there and whose species or subspecies is listed in Schedule 2;

(2)  a rehabilitated animal;

(3)  for the purpose of engaging in a hunting activity, one of the following animals:

(a)  a common quail (Coturnix coturnix);

(b)  a Japanese quail (Coturnix japonica);

(c)  a Virginia quail (Colinus virginianus);

(d)  a pheasant (Phasianus spp.);

(e)  a black francolin (Francolinus francolinus);

(f)  a rock partridge (Alectoris graeca);

(g)  a chukar (Alectoris chukar);

(h)  a red-legged partridge (Alectoris rufa);

(i)  a rock dove (Columbia livia);

(j)  a helmeted guineafowl (Numida meleagris).

Section 56 is to be applied if an animal, which may not be set free in the wild, is released.

O.C. 1065-2018, s. 127.

128. An animal kept in captivity to be rehabilitated must be set free in the wild as soon as it is fit to survive on its own.

The following animals must be set free less than 75 km from the site where they were kept:

(1)  an animal belonging to the family canids (Canidae);

(2)  a white-tailed deer (Odocoileus virginianus);

(3)  a striped skunk (Mephitis mephitis);

(4)  a raccoon (Procyon lotor).

An animal having been rehabilitated south of the St. Lawrence River may not however be set free north of the River.

For the purposes of the second paragraph, where the site for keeping animals is in one of the fishing and hunting areas 12 to 14, 16 to 19, 22 to 24, 28 and 29 established by the Regulation respecting fishing and hunting areas (chapter C-61.1, r. 34), the animals must be set free less than 150 km from the site for keeping animals.

Before being set free, a black bear (Ursus americanus) must be identified by means of an ear tag.

O.C. 1065-2018, s. 128.

129. As soon as it is concluded that an animal cannot be rehabilitated, its keeper must dispose of it according to one of the following methods:

(1)  the animal may be given to a person designated by a wildlife protection officer or by a public servant in the exercise of duties, so that the animal is kept in captivity for purposes other than rehabilitation;

(2)  the animal may be euthanized or killed in accordance with sections 132 and 133.

For the purposes of this section, an animal cannot be rehabilitated if

(1)  it will keep physical scars that would compromise its survival in the wild;

(2)  it does not recognize its species or no longer fears humans, which would compromise its survival or make it dangerous for humans;

(3)  it is not fit, after 18 months of rehabilitation, to survive on its own in the wild.

O.C. 1065-2018, s. 129.

130. An animal kept in captivity may be given or sold, except in the following cases:

(1)  it is known that the animal is a carrier of a pathogen listed in Schedule 3;

(2)  it is known that the animal is a carrier of or suffers from a pathogen listed in Schedule 5, unless the new owner is so informed in writing and accepts the condition of the animal;

(3)  the animal is kept in captivity to be rehabilitated.

In addition, the animal may not be sold in the following cases:

(1)  the animal whose species or subspecies is listed in Schedule 2 is kept by a person other than the holder of a professional licence to capture and keep amphibians issued under the Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1.1);

(2)  the animal is a high risk mammal or a venomous reptile listed in Schedule 6 that would be sold to the holder of a professional licence to keep animals issued under the Regulation respecting licences to keep animals in captivity whose activities consist in the operation of an animal sanctuary.

O.C. 1065-2018, s. 130.

131. Before the sale of an animal in a pet shop, the following conditions affecting the animal must be declared in writing to the buyer:

(1)  the animal is unable to feed or drink on its own;

(2)  the animal shows apparent signs of illness, injury or limiting congenital malformations.

The sale is conditional on the buyer’s written acceptance of the conditions affecting the animal.

O.C. 1065-2018, s. 131.

132. The killing or euthanasia must quickly cause the death of an animal by causing the animal a minimum of pain and anxiety.

It may be performed by the animal’s owner or the person determined by the owner on an animal that is confined, physically restrained or under anesthesia.

As soon as an animal is killed or euthanized, its death must be confirmed by ascertaining the absence of vital signs.

O.C. 1065-2018, s. 132.

133. An animal may be killed by means of a hunting implement referred to in section 31 of the Regulation respecting hunting (chapter C-61.1, r. 12) following stalking, pursuit or stakeout if the following conditions are met:

(1)  the animal is kept in captivity by the holder of a professional licence to keep animals in a game ranch or a breeding farm issued under the Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1.1);

(2)  the enclosure where the animal will be killed meets the following conditions:

(a)  a minimum area of 0.1 km2;

(b)  a maximum area of 2 km2;

(c)  a minimum width of 100 m;

(d)  wooded over at least 80% of its area;

(e)  entirely located on land on which the holder of a licence referred to in subparagraph 1 has a right of occupancy.

In the case of a white-tailed deer (Odocoileus virginianus), the tag must be attached to the animal until it is skinned and the owner must give to the person who kills it proof that the animal was sold or given to the owner. That proof must be kept by the person who transports the animal.

O.C. 1065-2018, s. 133.

134. Before releasing a wild turkey (Meleagris gallopavo) in an enclosure to be killed, a sufficient number of mature primary remiges must be trimmed to prevent the animal from escaping the enclosure.

O.C. 1065-2018, s. 134.

135. Every person who contravenes sections 127 and 128 is liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife (chapter C-61.1) or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

In the case of an offence under one of the conditions for disposing of animals provided for in sections 129, 130, 131, 132, the second paragraph of section 133 and section 134, the owner of the animal concerned and the enterprise to which it is entrusted are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

In the case of an offence under the first paragraph of section 133, the person who kills the animal and the holder of the licence referred to in subparagraph 1 of the first paragraph of section 133 are liable to the fine provided for in section 171 of the Act respecting the conservation and development of wildlife or the fine provided for in section 171.1 of the Act if the offence is committed in respect of an animal from a threatened or vulnerable species.

O.C. 1065-2018, s. 135.

PART V TRANSITIONAL AND FINAL

O.C. 1065-2018, Part V.

136. A person newly subject to the requirement to hold a licence to keep an animal in captivity on 6 September 2018 may continue to keep the animal without a licence until 31 October 2018 or, if the person submits an application not later than that date, until the date of issue of the licence or of refusal by the Minister to issue.

O.C. 1065-2018, s. 136.

137. A keeping facility or a pool of water whose size does not comply with section 35 must comply within 2 years from 6 September 2018, unless their size corresponds to at least 75% of those provided for in that section. In the latter case, the keeping facility and the pool of water must become compliant at the time they undergo major renovations.

The keeping facility of a high-risk mammal, a wild boar (Sus scrofa), a large reptile or venomous reptile that does not comply with Divisions 2 and 3 of Chapter 3 of Part III and Divisions 2 and 3 of Chapter 5 of Part III must comply within 2 years of the coming into force of those Divisions, except for perimeter elements, wire mesh, overhangs or the clearance zone where they are designed to comply with at least 85% of the minimum measurements and not more than 115% of the maximum measurements provided for in Schedule 7. In the latter case, those components must become compliant at the time they undergo major renovations or where the keeping facility they are part of undergoes major renovations.

The first and second paragraphs apply only if the specimen currently kept in the keeping facility concerned was previously kept there before 6 September 2018.

For the purposes of this Part, “major renovations” means

(1)  the replacement or reconstruction of a keeping facility;

(2)  in the case of perimeter elements, wire mesh or overhangs, the replacement or transformation of more than 50% of the component concerned;

(3)  in the case of the clearance zone, a new layout inside the keeping facility that requires the entry of machinery.

O.C. 1065-2018, s. 137.

138. Despite the second paragraph of section 137, a wild boar (Sus scrofa) keeping facility that was built in accordance with the provisions of section 10 or 53 of the former Regulation respecting animals in captivity (chapter C-61.1, r. 5) before 6 September 2018 remains governed by those provisions until it undergoes major renovations or until the end of the useful life of the perimeter fences.

O.C. 1065-2018, s. 138.

139. The time allowed to identify, in accordance with sections 83 and 92, a high-risk mammal, a large cervid or a wild boar (Sus scrofa) kept in captivity and acquired by its owner before 6 September 2018 is 2 years as of that date.

O.C. 1065-2018, s. 139.

140. Until the date of coming into force of subparagraph 4 of the first paragraph of section 4, no licence to keep animals in captivity is required to keep in captivity for breeding purposes with a view to dealing in fur a red fox (Vulpes vulpes), an arctic fox (Vulpes lagopus) or an American mink (Neovison vison) or to dispose of it, provided that the keeping of those animals includes at least 10 female adults of the same species.

O.C. 1065-2018, s. 140.

141. The Regulation respecting animals in captivity (chapter C-61.1, r. 5) is revoked.

O.C. 1065-2018, s. 141.

142. (Omitted in part).

Section 21 will cease to have effect on the date of coming into force of the first regulation made under paragraph 1 of section 64 of the Animal Welfare and Safety Act (chapter B-3.1) for the designation of any other animal to be included in the definition of “animal”.

O.C. 1065-2018, s. 142.

SCHEDULE 1

(ss. 4, 5, 8, 13, 54, 55 and 59)

SPECIES OR SUBSPECIES THE KEEPING OF WHICH IS RESTRICTED

  

O.C. 1065-2018, Sch. 1.

SCHEDULE 2

(ss. 5, 127 and 130)

SPECIES THE SALE OF WHICH IS PROHIBITED WITHOUT A LICENCE AND THE POSSESSION OF WHICH WITHOUT A LICENCE IS LIMITED TO A MAXIMUM OF 15 SPECIMENS

  

O.C. 1065-2018, Sch. 2.

SCHEDULE 3

(ss. 14, 60 to 62 and 130)

PATHOGENS TO BE DECLARED

(1) Bacteria

Bacillus anthracis

Brucella spp.

Mycobacterium bovis

Mycobacterium tuberculosis

Yersinia pestis

(2) Prion

Deer chronic wasting disease

(3) Parasite

Echinococcus multilocularis

(4) Virus

Betacoronavirus: MERS-CoV (Middle East respiratory syndrome)

Betacoronavirus: SARS-CoV (Severe acute respiratory syndrome)

Family Filoviridae

Hantavirus spp.

Henipavirus spp.

Lyssavirus spp.

Orthopoxvirus: Monkeypox virus

(5) Fungus

Batrachochytrium salamandrivorans

O.C. 1065-2018, Sch. 3.

SCHEDULE 4

(ss. 35, 36, 38, 51, 96 and 108)

MINIMUM SIZES OF KEEPING FACILITIES AND POOLS FOR CERTAIN GROUPS OF ANIMALS

  

O.C. 1065-2018, Sch. 4; I.N. 2018-09-10; I.N. 2019-07-01.

SCHEDULE 5

(ss. 60, 61 and 130)

PATHOGENS WITHOUT DECLARATION

(1) Bacteria

Chlamydophila psittaci

Coxiella burnetii

Francisella tularensis

Leptospira interrogans

(2) Parasites

Baylisascaris spp.

Cryptosporidium spp.

Sarcoptes scabiei

(3) Virus

Lentivirus: Human immunodeficiency virus 1 and 2 (Virus de l’immunodéficience humaine)

Orthohepadnavirus: Hepatitis B virus (hépatite B)

Simplexvirus: Macacine herpesvirus 1 (Virus de l’herpès simien)

(4) Fungus

Microsporum spp.

Trichophyton spp.

O.C. 1065-2018, Sch. 5.

SCHEDULE 6

(ss. 71, 86, 119 and 130)

VENOMOUS REPTILES, HIGH-RISK MAMMALS AND LARGE CERVIDAE

  

O.C. 1065-2018, Sch. 6.

SCHEDULE 7

(ss. 72, 75, 77, 80, 81, 87, 88, 112 and 137)

DESIGN OF FACILITIES FOR THE KEEPING OF CERTAIN GROUPS OF ANIMALS

  

O.C. 1065-2018, Sch. 7.

REFERENCES

O.C. 1065-2018, 2018 G.O. 2, 4289