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5. Wildlife in Captivity
Wildlife in captivity shall have the following care and enclosure standards [Reg 444/19, s.5,6]:- Care, Facilities and Services
Adequate and appropriate care, facilities and services to ensure their safety and general welfare, including:. a daily routine that facilitates and stimulates natural movement and behaviour.
. "kept in compatible social groups to ensure the general welfare of the individual animals and of the group and to ensure that each animal in the group is not at risk of injury or undue stress from dominant animals of the same or a different species.". - Enclosure Size
A pen or other enclosed structure or area of an adequate and appropriate size:. to facilitate and stimulate natural movement and behaviour;
. to enable each animal in the pen or other enclosed structure or area to keep an adequate and appropriate distance from the other animals and people so that it is not psychologically stressed; and
. to ensure that the natural growth of each animal in the pen or other enclosed structure or area is not restricted. - General Enclosure Facilities
The pen or other enclosed structure or area must have:. features and furnishings that facilitate and stimulate the natural movement and behaviour of each animal in the pen or other enclosed structure or area;
. shelter from the elements that can accommodate all the animals in the pen or other enclosed structure or area at the same time;
. surfaces and other materials that accommodate the natural movement and behaviour of each animal in the pen or other enclosed structure or area;
. one or more areas that are out of view of spectators; and
. one or more sleeping areas that can accommodate all the animals in the pen or other enclosed structure or area at the same time and that are accessible to all the animals at all times. - Enclosure Materials
The pen or other enclosed structure or area must be made of and contain only materials that are:. safe and non-toxic for the animals kept in the pen or other enclosed structure or area; and
. of a texture and design that will not bruise, cut or otherwise injure the animals. - Enclosure Barriers
The pen or other enclosed structure or area and any gates or other barriers to it, including moats, must be designed, constructed and locked or otherwise secured to prevent:. interaction with people that may be unsafe or inappropriate for the wildlife;
. animals escaping from the pen or other enclosed structure or area by climbing, jumping, digging, burrowing or any other means; and
. animals or people, other than people who are required to enter the enclosure as part of their duties, from entering the pen or other enclosed structure or area by climbing, jumping, digging, burrowing or any other means. The pen or other enclosed structure or area and any gates or other barriers to it, including moats, must be designed, constructed and maintained in a manner that presents no harm to the wildlife.
6. Primates
Primates in captivity shall have the following facilities [Reg 444/19, s.7]:. daily interaction with a person having custody or care of the primate;
. a varied range of daily activities, including foraging or task-oriented feeding methods; and
. interactive furnishings, such as perches, swings and mirrors.
7. Marine Mammals
(a) Overview
For PAWS purposes, "marine mammals" are [Reg 444/19, s.2]:. sea otters (Enhydra lutris)
. whales, dolphins and porpoises (order Cetacea)
. manatees and dugongs (order Sirenia)
. true seals (order Carnivora, family Phocidae)
. eared seals and sea lions (order Carnivora, family Otariidae), and
. walruses (order Carnivora, family Odobenidae). In relation to other species (addressed in the above sections), PAWS increases the standards for marine mammals by imposing an 'animal welfare plan' ("AW plan") and 'animal welfare committees' ("AW committees") to develop the AW plan [Reg 444/19, s.2]. "Every person who has custody or care of a marine mammal shall ensure that the marine mammal is cared for in a manner that is consistent with its animal welfare plan" [Reg 444/19, s.10].
(b) AW Committees
AW committees shall be established and maintained by "a person who possesses at least one marine mammal in Ontario" to develop an animal welfare plan for each marine mammal the person possesses [Reg 444/19. s.8(1)]. Where such possession is for 30 days or less then this AW committee (and AW plan) requirement is excepted [Reg 444/19, s.8(2)].
An AW committee shall be comprised of at least the following [Reg 444/19, s. 8(3)]:- Veterinarian
A marine mammal veterinarian (the 'veterinarian') [defined as "a veterinarian who has experience with marine mammal biology and marine mammal medicine, including marine mammal pharmacology": Reg 444/19, s.2].
- Community Member
A resident of the municipality where the marine mammal is located, who is not an employee or independent contractor of the person who possesses the marine mammal.
- Marine Biology Student
A person who has studied marine mammal biology at a post-secondary institution, who is not an employee or independent contractor of the person who possesses the marine mammal.
- Daily Care-giver
A person who is responsible for the daily care of the marine mammal.
- Location Superintendent
A person who is responsible for the maintenance of the location where the marine mammal is kept.
The veterinarian shall chair the committee, and shall [Reg 444/19, s.8(4-5)]:- schedule meetings;
The committee must meet at least once every six months [Reg 444/19, 8(6)].
- conduct meetings;
- determine the number of members of the animal welfare committee that constitutes a quorum for any purpose; and
- provide recommendations to the possessor of the marine mammals for persons to appoint to the committee, "if appropriate".
(c) AW Plans
Animal welfare plans must include 'policies' (SS: my term) for at least the following [Reg 444/19, s.9(1)]:- Routine Interactions
Procedures for routine interactions with, and routine care of, the marine mammal.
- Training
Training requirements for the marine mammal.
- Information Plan
"A plan to collect and record information about the marine mammal, whether by observation of the animal’s behaviour or by other means, to ensure that appropriate care can be provided to it and to ensure that the animal welfare plan is based on appropriate evidence".
- Staff Requirements
Minimum staff and resource requirements to ensure the physical, psychological and social well-being of the marine mammal.
- Stimulation Program
A stimulation program that is sufficient to maintain the marine mammal’s health and mental wellness.
For this aspect of the policy, the AC committee "must consult with a person or persons with expertise in the social and enrichment needs of the marine mammal’s species" [Reg 444/19, s.9(2)].
- Social Groupings
Appropriate social groupings for the marine mammal, including consideration for a companion animal if the marine mammal is the only animal housed in its enclosure.
For this aspect of the policy, the AC committee "must consult with a person or persons with expertise in the social and enrichment needs of the marine mammal’s species" [Reg 444/19, s.9(2)].
- Night Feeding
A plan for providing the marine mammal with feedings at night, if appropriate.
For this aspect of the policy, the AC committee "must consult with a person or persons with expertise in the social and enrichment needs of the marine mammal’s species" [Reg 444/19, s.9(2)].
- Night Social Interaction
A plan for providing the marine mammal with social interaction at night, if appropriate.
For this aspect of the policy, the AC committee "must consult with a person or persons with expertise in the social and enrichment needs of the marine mammal’s species" [Reg 444/19, s.9(2)].
- Training, Social and Play Plan
A plan for providing the marine mammal with training, social enrichment and play sessions, if appropriate.
For this aspect of the policy, the AC committee "must consult with a person or persons with expertise in the social and enrichment needs of the marine mammal’s species" [Reg 444/19, s.9(2)].
- Enrichment Objects
A list of the types of environmental enrichment objects that must be provided in the enclosure of the marine mammal, if any, the number of objects that must be provided and the schedule for changing those objects.
For this aspect of the policy, the AC committee "must consult with a person or persons with expertise in the social and enrichment needs of the marine mammal’s species" [Reg 444/19, s.9(2)].
- Fixtures List
Detailed species-specific enclosure and environmental requirements for the marine mammal, including requirements regarding the number and type of fixed features to be included in the marine mammal’s enclosure, that take into account the unique needs of the individual marine mammal and that are designed to ensure its well-being and ensure compliance with the requirements of this Regulation.
- Shading
If the marine mammal requires a portion of its enclosure be shaded, the minimum portion of the enclosure that must be shaded to meet its needs.
- Indoor Enclosures
Situations where the marine mammal must be housed in an indoor enclosure, if any.
- Air Pollutant Plan
Methods to ensure that enclosure air is free of harmful concentrations of pollutants.
- Emergency Measures
Measures to ensure the welfare of the marine mammal in the event of a disruption of normal operations, such as a power failure, an extreme weather event or a labour disruption.
- Breeding Consideration
A determination of whether it would be consistent with the immediate and long-term health of the marine mammal and of any offspring to attempt to breed the marine mammal, having regard to the age and health of the marine mammal, the health care needs of any offspring and the immediate and long-term housing needs of the marine mammal and of any offspring.
- Offspring Plan
A plan for the care of any offspring if the marine mammal is to be bred, including procedures for hand-rearing the offspring if hand-rearing could be required.
- Euthanasia Procedures
Procedures for euthanasia of the marine mammal.
- Record List
A list of records related to the marine mammal that must be maintained.
The AW committee must complete the AW plan within six months after the day the person obtained possession of the marine mammal [Reg 444/19, s.9(3)]. The committee must review every plan it has developed at least annually [Reg 444/19, s.9(4)].
(d) Nutrition
Every marine mammal must be provided with a diet that [Reg 444/19, s.11(1-2)]:- includes a sufficient range of food of appropriate quality that meets the nutritional needs of the marine mammal;
- accommodates individual preferences, subject to the availability of particular types of fish or other food items;
- complies with the dietary requirements in the program of 'preventative health care' [see below; Reg 444/19, s.13];
- has vitamin supplementation provided in accordance with a marine mammal veterinarian’s advice.
Food inventories for the marine mammal must be managed and properly stored to ensure the availability of food of appropriate quality that meets the nutritional needs of the marine mammal [Reg 444/19, s.11(3)].
Any sudden or unexpected change in a marine mammal’s appetite must be brought to a marine mammal veterinarian’s attention immediately [Reg 444/19, s.11(4)].
Food deprivation shall not be used as a method of training a marine mammal [Reg 444/19, s.11(5)].
(e) Reproduction
The reproduction of every marine mammal must be managed in a way that promotes the immediate and long-term health of the marine mammal and any offspring [Reg 444/19, s.12(1)].
Pre-parturient and lactating female marine mammals must be held in appropriate social groups within enclosures that encourage successful rearing of offspring [Reg 444/19, s.12(2)].
A marine mammal must not be bred if the breeding would be inconsistent with its AW plan [Reg 444/19, s.12(3)].
(f) Preventative Health Care
Every marine mammal must be provided with a program of preventative health care designed by a marine mammal veterinarian [Reg 444/19, s.13(1)].
The program must include [Reg 444/19, s.13(2)]:- a complete annual physical examination;
- the establishment of diets specific to the marine mammal;
- regular oral examinations at frequencies specified by the marine mammal veterinarian; and
- regular treatment of any dental problems.
Every marine mammal must be under the care of a marine mammal veterinarian who provides preventative care and who is readily available to provide emergency care at any time of day [Reg 444/19, s.13(3)].
(g) Post-mortem examination
If a marine mammal dies, a post mortem examination of the body must be conducted by a marine mammal veterinarian [Reg 444/19, s.14(1)].
The findings of the marine mammal veterinarian must be recorded in a report that is reviewed by a pathologist with experience caring for marine mammals [Reg 444/19, s.14(2)].
The marine mammal veterinarian must be asked for recommendations to prevent similar deaths [Reg 444/19, s.14(3)].
(h) Public Contact Program
These rules applies to marine mammals who are housed in an enclosure that could expose them to physical contact with members of the public [Reg 444/19, s.15(1)].
The person who possesses the marine mammal must have a written policy that [Reg 444/19, s.15(2)]:- clearly identifies any risks to the health or safety of the marine mammal associated with the physical contact;
- identifies and addresses any other safety issues or concerns; and
- identifies the qualifications of the persons who are overseeing the physical contact.
Any risks identified in the written policy must be mitigated [Reg 444/19, s.15(3)].
(i) Enrichment and Social Needs
Every marine mammal must be provided with a feeding enrichment program which may include, but is not limited to, the use of live fish, the introduction of novel foods or the use of task-oriented feeding methods [Reg 444/19, s.16(1)].
Every marine mammal must be provided with daily training, social enrichment and play sessions unless otherwise specified in its animal welfare plan [Reg 444/19, s.16(2)].
The enclosure of every marine mammal must have the environmental enrichment objects, if any, specified in its animal welfare plan [Reg 444/19, s.16(3)].
The environmental enrichment objects must be non-toxic and must not be breakable or ingestible by the marine mammal [Reg 444/19, s.16(4)].
(j) General Enclosure Requirements
Every marine mammal must be provided with an enclosure that meets these rules [Reg 444/19, s.17(1)].
Measures must be taken to minimize the risk that the enclosure will be contaminated with potentially harmful microorganisms [Reg 444/19, s.17(2)].
The enclosure must be provided with a backup generator or generators that are sufficient to provide power to the enclosure in the event of a power failure [Reg 444/19, s.17(3)].
The enclosure must meet the following requirements [Reg 444/19, s.17(4)]:- it must provide the marine mammal with sufficient space and features for species-appropriate activities both in and, if appropriate, out of the water.
- it must be designed to facilitate cleaning.
- it must include fixed features that provide visual and tactile enrichment, which may include, but are not limited to, any of the following:
. Bubble walls.
. Privacy baffles.
. Different substrates.
. Water jets.
. Sprinklers.
. Mirrors or other reflective surfaces.
. Areas on the bottom of the pool that simulate pebbles on the seafloor. - if more than one marine mammal is housed in the enclosure, the enclosure must include privacy baffles, other fixed features or retreat areas that allow a marine mammal to separate itself from other marine mammals in order to avoid aggression, unwanted attention or disturbance.
- the enclosure must have a drain that can lower water levels to facilitate cleaning and animal management activities.
In addition to a pool of water, an enclosure that houses a sea otter or a member of the family Phocidae (true seals), the family Otariidae (eared seals and sea lions) or the family Odobenidae (walruses) must have a permanent haul-out [Reg 444/19, s.17(5)]. The 'haul-out' must be capable of simultaneously accommodating all of the marine mammals listed in that subsection that are housed in the enclosure [Reg 444/19, s.17(6)].
(k) Enclosure Water Quality
Every marine mammal in an enclosure must be provided with a reliable water supply that is sufficient to ensure the marine mammal’s health [Reg 444/19, s.18(1)].
The person who possesses the marine mammal shall maintain a program for monitoring water quality to ensure that a healthy aquatic environment is provided, including daily monitoring of water salinity [Reg 444/19, s.18(2)].
The salinity of the water must be maintained within the range appropriate for the marine mammal [Reg 444/19, s.18(3)].
The results of the water quality tests must be recorded and kept for at least one year [Reg 444/19, s.18(4)].
Water circulation equipment in the enclosure must be sufficient to circulate water throughout the pool [Reg 444/19, s.18(5)].
An enclosure that houses a marine mammal must meet the following water quality requirements [Reg 444/19, s.18(6)]:- coliform bacteria in the water must not exceed 500 MPN (most probable number) per 100 mL, and testing must occur at least weekly.
- the water must be tested at least twice daily and treated as necessary to maintain pH values not less than 7.2 or more than 8.2.
- the total free and combined chlorine concentration must not exceed 1.5 mg/L, and the water must be tested at least twice daily for chlorine concentration.
- the water must be free of residual dissolved ozone.
(l) Environmental Protection
Every marine mammal must be provided with environmental temperature and humidity ranges appropriate for the species [Reg 444/19, s.19(1)].
Every marine mammal must be provided with shelter from inclement weather if it is necessary for the marine mammal’s comfort or well-being [Reg 444/19, s.19(2)].
Any artificial light used in the enclosure must be as similar as possible to the light spectrum of sunlight [Reg 444/19, s.19(3)].
Every marine mammal must be provided with exposure to natural or simulated annual photoperiods that reflect the needs of the species, particularly with respect to moult [Reg 444/19, s.19(4)].
Every marine mammal must be protected from noise that could cause auditory discomfort or distress [Reg 444/19, s.19(5)].
The enclosure air must be free of harmful concentrations of pollutants [Reg 444/19, s.19(6)].
Every marine mammal must be housed in an enclosure that is outdoors or that provides access to an outdoor area unless its animal welfare plan provides otherwise [Reg 444/19, s.19(7)].
Every marine mammal must be provided with an area of shade in its enclosure in accordance with its animal welfare plan [Reg 444/19, s.19(8)].
(m) Other Enclosures and Areas
An enclosure for veterinary care or temporary holding of marine mammals must be provided [Reg 444/19, s.20(1)].
A quarantine area to isolate marine mammals must be provided [Reg 444/19, s.20(2)].
A method to separate any marine mammal for behavioural or management purposes must be provided [Reg 444/19, s.20(3)].
(n) Information Management and Records
Every marine mammal must be individually identifiable [Reg 444/19, s.21(1)].
The means used to ensure that a marine mammal is individually identifiable must be minimally intrusive [Reg 444/19, s.21(2)].
Procedures must be put in place for every marine mammal to ensure timely transfer of critical information between persons who provide care to the marine mammal [Reg 444/19, s.21(3)].
The following records must be kept for every marine mammal [Reg 444/19, s.21(4)]:- The date that possession of the marine mammal was obtained by the person who possesses the marine mammal.
- Whether the marine mammal was captive-born or wild-caught.
- The name of the person from whom the marine mammal was acquired, if applicable.
- The species, sex, colour, markings and physical abnormalities, if any, of the marine mammal.
- The marine mammal’s date of birth or, if wild-caught, the marine mammal’s estimated date of birth.
- The marine mammal’s parents, if known.
- Records related to any attempt to breed the marine mammal, including the identity of the marine mammal with which breeding was attempted, the outcome of the breeding and the identity of any offspring.
- Veterinary clinical records.
- A list of any medication given to the marine mammal and the reason for which it was given.
- Training records.
- A record of any abnormal behaviours exhibited by the marine mammal, including the expression of any stereotypies, such as inappetence or food refusal, vomiting, actions that result in self-inflicted injuries or aggression towards trainers or other animals.
- Any information that the marine mammal’s animal welfare plan requires to be maintained.
The records required by this section must be retained for five years following the death of the marine mammal [Reg 444/19, s.21(5)].
(o) Transfer and Movement
A written policy must be prepared for every marine mammal to promote the marine mammal’s welfare when it is transferred between social groups or moved to another location [Reg 444/19, s.22(1)].
Before a marine mammal is transferred or moved, a behavioural and medical assessment must be carried out by a marine mammal veterinarian to determine whether it can be safely transferred or moved [Reg 444/19, s.22(2)].
Before a marine mammal is transferred or moved, the transportation must be planned and documented in a detailed transportation plan, approved by the marine mammal’s animal welfare committee, that addresses the marine mammal’s health and well-being during transport [Reg 444/19, s.22(3)].
The transportation plan must accompany the marine mammal during the transfer or move and be made available for review by any person involved in the transfer or move [Reg 444/19, s.22(4)].
A marine mammal must be accompanied by one or more attendants during the transfer or move who are competent and knowledgeable in the transportation of that species. At least one of the attendants must be a marine mammal veterinarian or a person licensed to practise veterinary medicine in the jurisdiction to which the marine mammal is being moved or from which it is being moved [Reg 444/19, s.22(5)].
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