441-00634 (Animals)

The protection and conservation of our marine species is a priority for the Canadian government. Fisheries and Oceans Canada (DFO) remains committed to protecting the welfare of cetaceans, based on the authorities established under the Fisheries Act.  

Bill S-203 received Royal Assent in June 2019 and provisions aimed at ending the captivity of cetaceans were added to the Fisheries Act and the Criminal Code. These amendments include, prohibitions on fishing for a cetacean with the intent to take it into captivity, except where the Minister of Fisheries, Oceans and the Canadian Coast Guard authorizes such fishing if the Minister is of the opinion that the circumstances so require it (including when the cetacean is injured or in distress or is in need of care). Amendments were also included to create offences, among other things, for keeping or breeding cetaceans in captivity and prohibitions on importing and exporting living cetaceans, or sperm, egg, or embryo of a cetacean, into or from Canada, except where authorized under given circumstances. Decisions to issue Fisheries Act permits are made on a case by case basis after careful consideration of a request submitted to the Department by a private facility, such as Marineland. 

DFO developed a suite of policies to guide the minister’s decisions in making decisions on whether to issue such Fisheries Act permits. These policies are available on DFO’s website at https://www.dfo-mpo.gc.ca/about-notre-sujet/publications/policy-politiques/cetaceans-cetaces/overview-apercu-eng.html

DFO officials are aware of Kiska’s current status and should a request to export Kiska, or any other cetacean, to another facility be received by the Department, the Minister would review this application, guided by the policies, in order to make a decision with regards to the potential issuance of a Fisheries Act permit. 

With regards to alternative facilities, there are currently no other facilities with captive cetaceans nor are there any whale sanctuaries in existence in Canada. The proposed Whale Sanctuary Project in Port Hilford, Nova Scotia is still in the planning stages. DFO authorities are engaged with the proponents of this project in the permitting and assessment processes for the establishment of this facility.

In Canada, aquatic parks and zoos, animal care laws and private property of animals like Kiska are under provincial jurisdiction. Section 445.2 of the Criminal Code sets out an offence for using captive cetaceans in performances for entertainment purposes, unless the facility, such as Marineland, obtains a licence from the province in which it is located. DFO does not have the authority to investigate the living conditions, health and welfare of the cetaceans currently in captivity in Marineland. Questions on the health of the Kiska currently residing in Marineland should be directed to that facility or relevant provincial authorities.