Policy for obtaining a Ministerial licence to keep a cetacean in captivity, or to breed or impregnate a cetacean, or to obtain or seek to obtain reproductive materials of cetaceans, for the purpose of conducting scientific research

Introduction

In Canada, no person shall keep a cetacean in captivity, or shall breed or impregnate a cetacean, or shall obtain or seek to obtain reproductive materials of cetaceans, except where authorized by a relevant authority. A person who wants to conduct scientific research involving the above activities must obtain a licence issued by the relevant province pursuant to subsection 445.2 (3.1) of the Criminal Code, or a licence issued by the Minister of Fisheries, Oceans, and the Canadian Coast Guard pursuant to s. 23.3 (2) of the Fisheries Act.

Under s. 23.3 (2) of the Fisheries Act, the Minister may issue a licence to conduct scientific research with respect to cetaceans, and impose any conditions that he or she considers appropriate, if the proposed research activities are related to one or more of the following activities: a) owning, having the custody of or controlling a cetacean that is kept in captivity; b) breeding or impregnating a cetacean; or, c) possessing or seeking to obtain reproductive materials of cetaceans, including sperm or an embryo.

It is understood that the legislators granted this authority to the Minister with the expectation that scientific research on captive cetaceans or wild cetaceans in their natural habitat may occur in Canada, and that this research could include studies on cetacean reproduction or reproductive materials of cetaceans. However, for ethical reasons that are consistent with the legislative intent of ending the captivity of cetaceans, it is also understood that conditions should be established to ensure that the cetaceans kept in captivity to conduct scientific research will be subject to appropriate care and use protocols, and that no cetacean will be bred or artificially reproduced for the purpose of replenishing captive stocks of cetaceans.

Additionally, DFO understands that the legislative intent of the prohibition related to possessing or seeking to obtain reproductive materials of cetaceans is to phase out the captivity of cetaceans by preventing artificial reproduction of cetaceans that would be kept in captivity. Consequently, the prohibition applies to viable (i.e. living) reproductive materials only.

Of note:

• The above licence requirements apply to cetaceans or viable reproductive materials of cetaceans already in Canada^{Footnote 1}. They also apply to cetaceans or viable reproductive materials of cetaceans being imported into Canada, once they have arrived.
• The above licence requirements do not apply to federal employees^{Footnote 2}, including DFO employees, who are performing their duties or functions in relation to scientific research with respect to cetaceans and to persons who are assisting them.
• In the case of the licence requirement related to keeping a cetacean in captivity to conduct scientific research in general, it does not apply to cetaceans that were already in captivity in Canada as of June 21, 2019 (and to their offspring if they were conceived before June 21, 2019). However, a licence is required to conduct scientific research on all captive cetaceans in Canada, if the research involves potential reproduction of a cetacean or obtaining possession of their viable reproductive materials.

Conditions for obtaining a licence to keep a cetacean in captivity to conduct scientific research, or to breed or impregnate a cetacean to conduct scientific research, or to possess or seek to obtain viable reproductive materials of a cetaceans to conduct scientific research

1. Conditions for obtaining the authorization to own, have the custody of or control a cetacean that is kept in captivity to conduct scientific research
   1. In the case where the cetacean is already in Canada:
      1. The applicant must provide details (i.e., specific hypothesis, objectives, methods and protocols, publication intention and, based on the proposed research, potential additional information to be indicated by DFO) for each scientific study that is being planned relevant to the licence request.
         1. The broad research program, priorities and methodologies must show potential for increase of knowledge that could be useful to Canadian research priorities and/or the conservation of wild stocks of cetaceans in their natural habitat inside or outside Canadian fisheries waters;
         2. The Animal Care and Use Protocols associated with the proposed scientific studies must be consistent with or exceed relevant ethical, transportation, care and scientific guidelines published by the Canadian Council of Animal Care (CCAC);^{Footnote 3}
      2. The applicant must submit a list of scientific publications that demonstrate that the researchers involved in the proposed research activities have published work that is relevant to the broader marine mammal science community; and,
      3. If a wild cetacean is to be kept in captivity to conduct scientific research, the applicant must submit an assessment explaining whether the cetacean would be releasable after the research experiment is completed, which must be consistent with the most up to date DFO scientific advice (e.g. DFO. 2018. Advice on Criteria for the Release of Rehabilitated Marine Mammals. 11pp. SAR 2018/026).
   2. In the case where the cetacean is being imported into Canada:
      1. If the applicant meets the conditions for obtaining a permit to import a cetacean to conduct scientific research under s. 23.2 (2) (a) of the Fisheries Act, the applicant should also apply for a licence under s. 23.3 (2) of the Fisheries Act, which will most likely also be issued if the applicant so requests. It would be advisable to apply for both the permit under s. 23.2 (2) (a) and the licence under s. 23.3 (2) in advance of the arrival of the cetacean in Canada. [The applicant also has the option to request a licence from the relevant province pursuant to subsection 445.2 (3.1) of the Criminal Code].
2. Conditions for obtaining the authorization to breed or impregnate a cetacean, held in captivity in a facility or living in its natural habitat, to conduct scientific research
   Note: Except under exceptional circumstances, breeding or impregnating a cetacean is not permitted in Canada.
   1. The applicant must provide details (i.e., specific hypothesis, objectives, methods and protocols, publication intention and, based on the proposed research, potential additional information to be indicated by DFO) for each scientific study that is being planned relevant to the licence request.
      1. The broad research program, priorities and methodologies must show potential for increase of knowledge that is considered important by DFO (i.e. a priority) to support conservation efforts of wild stocks of cetaceans found in Canadian fisheries waters;^{Footnote 4}
      2. As applicable, the Animal Care and Use Protocols associated with the proposed scientific studies must be consistent with or exceed relevant ethical, transportation, care and scientific guidelines published by the Canadian Council of Animal Care (CCAC);^{Footnote 5} and,
   2. The applicant must submit a list of scientific publications that demonstrate that the researchers involved in the proposed research activities have published work that is relevant to the broader marine mammal science community.
3. Conditions for obtaining the authorization to possess or seek to obtain viable reproductive materials of cetaceans, including sperm or an embryo, to conduct scientific research
   1. In the case where the reproductive materials of cetaceans is already in Canada:
      1. The applicant must provide details (i.e., specific hypothesis, objectives, methods and protocols, publication intention and, based on the proposed research, potential additional information to be indicated by DFO) for each scientific study that is being planned relevant to the request.
         1. Except under exceptional circumstances, the broad research program, priorities and methodologies should not involve attempts at artificially developing a fetus of a cetacean, and must show potential for increase of knowledge that could be useful to the conservation of wild stocks of cetaceans in their natural habitat inside or outside Canadian fisheries waters;
         2. If exceptional circumstances are invoked for trying to artificially develop a fetus of a cetacean, the broad research program, priorities and methodologies must show potential for increase of knowledge that is considered important by DFO (i.e. a priority) to support conservation efforts of wild stocks of cetaceans found in Canadian fisheries waters;^{Footnote 6}
      2. The applicant must submit a document explaining how the reproductive materials relevant to the request will be securely kept and/or disposed of to ensure that they will not be used for purposes other than the described scientific research; and,
      3. The applicant must submit a list of scientific publications that demonstrate that the researchers involved in the proposed research activities have published work that is relevant to the broader marine mammal science community.
   2. In the case where the reproductive materials of cetaceans is being imported into Canada:
      1. If the applicant meets the conditions for obtaining a permit to import reproductive materials of cetaceans to conduct scientific research under s. 23.2 (2) (a) of the Fisheries Act, the applicant should also apply for a licence under s. 23.3 (2) of the Fisheries Act, which will most likely also be issued if the applicant so requests. It would be advisable to apply for both the permit under s. 23.2 (2) (a) and the licence under s. 23.3 (2) in advance of the arrival of the reproductive materials in Canada. [The applicant also has the option to request a licence from the relevant province pursuant to subsection 445.2 (3.1) of the Criminal Code].

Request an authorisation, permit or licence

If you are seeking to obtain an authorization, permit or licence under the Fisheries Act in relation to captive cetaceans or reproductive materials of cetaceans, you can contact Fisheries and Oceans Canada through the following email address: CCO-BCC_Info@dfo-mpo.gc.ca.

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