In Canada, the regulations surrounding monkey and other exotic animal ownership vary, as they are determined by provincial and municipal bylaws. The power to enact exotic animal bylaws was delegated to municipalities by the Ontario Municipal Act in 2003. This resulted in provinces having jurisdiction over the matter.
However, Ontario stands as the only exception, being the province without any provincial legislation regulating the ownership of exotic animals. Local municipalities in Ontario are therefore left with the responsibility of controlling exotic animal ownership through their bylaws. Notably, there is a divide among these municipalities, with some declaring primate ownership as illegal, while others do not.
The Ontario Provincial Government has been attempting to pass a private member’s Bill 125, which is intended to supervise exotic wildlife in captivity, but it is currently not in effect. The Ontario Society for the Prevention of Cruelty to Animals (OSPCA) is the provincial authoritative body designated to intervene in cases of alleged animal cruelty, but it does not regulate exotic pet ownership unless there are allegations of animal cruelty. If an individual is discovered to have caused unnecessary suffering to an animal, they can be charged with a criminal offence. In such cases, it's crucial to seek legal advice from a criminal defence lawyer who can provide expert guidance and representation to navigate the legal process and protect your rights.
Section 445.1 of the Criminal Code of Canada defines causing unnecessary suffering as an offence. It states that anyone who wilfully causes or permits unnecessary pain, suffering, or injury to an animal or a bird is committing an offence. This also includes cases where a person is involved in encouraging, aiding, or assisting in the fighting or baiting of animals or birds. Administering a poisonous or injurious drug or substance to a domestic animal, bird, or an animal or bird wild by nature that is kept in captivity, without any reasonable excuse, is also deemed an offence.
The same applies to individuals who permit the administration of such substances to their pets. If an individual promotes, arranges, conducts, assists in, receives money for, or takes part in any event where captive birds are liberated for the purpose of being shot or permit any premises under their charge to be used for such a purpose, they are also considered to be in violation of the law.
The law further establishes punishment for the offences under this section. An individual may either be charged with an indictable offence and could face imprisonment for a term of up to five years, or they could be charged with an offence punishable on summary conviction and could face a fine not exceeding ten thousand dollars or imprisonment for a term of not more than eighteen months or possibly both.
For proceeding under paragraph (1)(a), if a person fails to exercise reasonable care or supervision of an animal causing it pain, suffering or injury, evidence to this effect can be used as proof that the suffering or injury was caused or permitted wilfully in absence of any evidence to the contrary. Similarly, for proceedings under paragraph (1)(b), if an accused is present at the fighting or baiting of animals or birds, this provides evidence that he or she encouraged, aided, or assisted at the fighting or baiting unless proven otherwise.
