Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Definition of cetacean

• 445.2 (1) In this section, cetacean includes any member of the cetacean order, including a whale, dolphin or porpoise.

• Marginal note:Offence

  (2) Subject to subsections (2.1) to (3.1), every person commits an offence who

  • (a) owns, has the custody of or controls a cetacean that is kept in captivity;

  • (b) breeds or impregnates a cetacean; or

  • (c) possesses or seeks to obtain reproductive materials of cetaceans, including sperm or an embryo.

• Marginal note:Exception — gestation

  (2.1) If a cetacean is gestating on the day on which this subsection comes into force, paragraphs (2)(b) and (c) do not apply in respect of that cetacean for the period in which it gestates that includes the day on which this subsection comes into force.

• Marginal note:Exception — offspring

  (2.2) Paragraph (2)(a) does not apply to the offspring of a cetacean if that offspring was born immediately after a gestational period that included the day on which this subsection came into force.

• Marginal note:Exception

  (3) Paragraph (2)(a) does not apply to a person who

  • (a) owns, has the custody of or controls a cetacean that is kept in captivity at the coming into force of this section and remains continuously in captivity thereafter;

  • (b) has the custody of or controls a cetacean that is kept in captivity for the purpose of providing it with assistance or care or to rehabilitate it following an injury or another state of distress; or

  • (c) is authorized to keep a cetacean in captivity in the best interests of the cetacean’s welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

• Marginal note:Exception

  (3.1) Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.

• Marginal note:Exception — authorization

  (4) Every person commits an offence who promotes, arranges, conducts, assists in, receives money for or takes part in any meeting, competition, exhibition, pastime, practice, display or event at or in the course of which captive cetaceans are used, in Canada, for performance for entertainment purposes, unless the performance is authorized under a licence issued by the Lieutenant Governor in Council of a province or by an authority in the province as may be specified by the Lieutenant Governor in Council.

• Marginal note:Punishment

  (5) Every one who commits an offence under subsection (2) or (4) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $200,000.