O. Reg. 174/13: WILDLIFE IN CAPTIVITY

Link to law: http://www.ontario.ca/laws/regulation/r13174
Published: 2013-05-31

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ontario regulation 174/13

made under the

Fish and Wildlife Conservation Act, 1997

Made: April 10, 2013
Filed: May 31, 2013
Published on e-Laws: May 31, 2013
Printed in The Ontario Gazette: June 15, 2013


Amending O. Reg. 668/98

(WILDLIFE IN CAPTIVITY)

1. Section 2 of Ontario Regulation 668/98 is revoked.

2. Section 4 of the Regulation is amended by adding the following subsection:

(2) If a person owns or operates a zoo and is exempt under subsection (1) from the requirement for a licence under Part III in respect of a specially protected raptor kept at the zoo, the person shall not hunt with the specially protected raptor.

3. Sections 6 and 7 of the Regulation are revoked and the following substituted:

6. (1) A person may buy or sell a live game reptile, a live specially protected reptile, a live game amphibian or a live specially protected amphibian under a licence to buy or sell live game wildlife or live specially protected wildlife issued under subsection 48 (1) of the Act.

(2) No person shall,

(a) buy a live game reptile, a live specially protected reptile, a live game amphibian or a live specially protected amphibian, except from a person who may lawfully sell it; or

(b) sell a live game reptile, a live specially protected reptile, a live game amphibian or a live specially protected amphibian, except to a person who may lawfully buy it.

7. Despite subsections 40 (1) and 45 (1) of the Act, a person may, without a licence to do so, keep in captivity or propagate a live game reptile, a live specially protected reptile, a live game amphibian or a live specially protected amphibian if,

(a) it is not a member of a species that is listed as extirpated, endangered or threatened on the Species at Risk in Ontario list established under the Endangered Species Act, 2007; or

(b) it is a member of a species that is listed as extirpated, endangered or threatened on the Species at Risk in Ontario list established under the Endangered Species Act, 2007 and the person is authorized under that Act to possess or collect live members of the species.

4. (1) Subsection 12 (1) of the Regulation is revoked.

(2) Subsection 12 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) A general falconry licence may be issued to the following persons:

. . . . .

5. Sections 16 and 17 of the Regulation are revoked and the following substituted:

16. A person may keep a specially protected raptor in captivity for the remainder of its lifetime without holding a licence under subsection 40 (1) of the Act if the person,

(a) kept the specially protected raptor in captivity on the day the Act came into force; and

(b) within 90 days of the Act coming into force, was issued an authorization by the Minister to keep the specially protected raptor under clause 40 (2) (c) of the Act, as it read on the day the Act came into force.

6. Section 18 of the Regulation is amended by striking out “current” and substituting “valid”.

7. Subsection 19 (2) of the Regulation is revoked and the following substituted:

(2) The wildlife management units set out in Part 6 to Ontario Regulation 663/98 (Area Descriptions) made under the Act are designated as areas in which a person may hunt with a falconry bird or a non-indigenous falconry bird.

Commencement

8. This Regulation comes into force on the later of July 1, 2013 and the day it is filed.