|
PAWS (Provincial Animal Welfare Services Act)
Legal Guide
Ch.5 - Prohibited and Restricted Animals- Overview
- Prohibited Animals
- Restricted Animals
1. Overview
PAWS has two limited classes of animals: restricted and prohibited. The limits apply to both possession and breeding of the species listed. Most of these restricted and prohibited species are intended to be set out in the regulations, but none of them are yet - despite the dangerous and inappropriate range of exotic animals kept as pets in Ontario.
Only orcas (killer whales) are listed as prohibited and that is done in the Act, not in the regulations [PAWS 19(1)]. Orcas possessed in Ontario at 22 March 2015 are 'grand-parented' from this possession and breeding prohibition [PAWS 19(2)].
If there were any one of the many areas that the province have neglected in PAWS, this may be the most significant.
2. Prohibited Animals
Prohibited animals may not be possessed or bred in Ontario [PAWS 18(1)].
Prohibited 'animals' (the Act doesn't distinguish between species and individual animals, but logically it would be species-determined) may be listed in the Regulations (but again, none are passed yet) "if ... the animal, poses an undue risk to human safety or cannot be humanely kept in captivity in Ontario" [PAWS 18(3)].
PAWS regulations can allow that prior-held individuals can be grand-parented from these prohibitions with respect to possession (not breeding) - but again, none are passed yet [PAWS 18(2)].
3. Restricted Animals
Restricted animals may only be possessed or bred under an 'authorization' (and in compliance with the authorization) in accordance with the regulations, but no authorization regulations are passed yet [PAWS 20(1)].
Restricted animals (the Act doesn't distinguish between species and individual animals, but logically it would be species-determined) may be listed in the Regulations (not passed yet) if it is advisable to (a) "avoid undue risk to human safety", or (b) to "ensure that an animal is humanely kept in captivity" [PAWS 20(2).
|
