Seizure of animals from Ottawa Valley zoo renews calls for regulations on captive wildlife

Animals taken from a private zoo in the Ottawa Valley and the business’ subsequent closure have renewed calls from wildlife organizations for stricter laws regulating captive wildlife.

On Oct. 30, 2024, Animal Welfare Services (AWS) took hold of 10 exotic animals it claimed to be in distress and removed the animals from Waddles ’n’ Wags zoo in Eganville, Ont.

In a decision handed down Feb. 28, the Animal Care Review Board rejected an appeal from zoo owner Kimberly Rock-Harris, confirming that the animals seized were in distress and should remain in custody of the Chief Animal Welfare Inspector.

“The appellant did not challenge the medical opinions or the inspector’s evidence about the conditions of the Animals on the day of the inspection,” the decision reads. “Her position is that if the Animals were in distress at the time of the inspection, it was a result of temporary circumstances, and that removal was not necessary to relieve any of the Animal’s distress.”

The review board, however, was not satisfied that the conditions that led to the animals’ distress had been eliminated.

This was not the first time that Waddles ‘n’ Wags had come under scrutiny. In October 2023, following the escape of an African cat, the local zoo was subject to a compliance inspection that led to the seizure of 74 animals.

The October 2024 search warrant was granted when the provincial body learned the zoo had acquired more animals.

In fact, Waddles ‘n’ Wags was named in a 2022 World Animal Protection report alongside 10 other roadside zoos. The report found multiple issues of concern among the zoos including insufficient access to food and water.

The report prompted World Animal Protection to file several complaints with Provincial Animal Welfare Services.

The analysis of 11 of the nearly 50 zoos or zoo-like exhibits in operation in Ontario shows the problem is much more widespread. At the crux of the issue, World Animal Protection says, is lax provincial laws that do not enforce Ontario’s claims of “zero tolerance for the mistreatment of animals.”

“The idea of a roadside zoo is something that is unique to Ontario because it simply doesn’t exist in other provinces where captive wildlife is regulated,” Erin Ryan, a wildlife campaign manager with World Animal Protection Canada, told CityNews.

Ontario Regulation 444/19 Standards of Care and Administrative Requirements sets out some provisions for the standards of care for captive wildlife including standards for enclosures, however, much of the policy comes from a scattered framework of bylaws across municipalities that leave a piecemeal approach across the province, experts say.

Ontario is falling behind. It is the only province that does not control the keeping of non-native or exotic animals. In the province, anyone can start a zoo, and there is no registry to track where exotic animals are kept or how many exist in captivity.

Polling from World Animal Protection concluded that 88 per cent of Ontarians would support regulations to keep zoos in check.

“There is strong public support because people care about the animals and want to make sure that they’re being taken care of,” Ryan said.

Animal welfare concerns have continued to dominate since headlines of the deaths of marine mammals at places like Marineland in Niagara Falls, Canada and SeaWorld in Florida have circulated.

In 2021, an Ontario’s Animal Welfare Services investigation found that all marine mammals at Marineland were in distress. However, the company was not held accountable and since more animals have died.

Marineland closed on Sept. 1 for the 2024 season and there are rumours it may not reopen.

A Canadian law passed in 2019 banned the breeding or captivity of cetaceans (whales, dolphins and porpoises) with the exception of those already in captivity. That meant whales like Kiska, the last orca in captivity in Canada, were never rescued for a better life. Instead, she died of a bacterial infection in March 2023 while kept in a tank.  

But since the atrocities at Marineland, animal rights activists have broadened the umbrella, demanding accountability for the proper treatment of all animals in captivity.

In December 2024, Ottawa-Vanier MPP Lucille Collard, backed by World Animal Protection and the Toronto Zoo, introduced a bill at Queen’s Park to regulate zoos and all wildlife in captivity.

The proposed bill introduced mandatory licensing for zoos, annual inspections of safety and care standards and prohibits the use of wild animals for entertainment purposes.

“Keeping exotic wild animals in inadequate conditions is not only harmful to the animals but also dangerous for the public. Owning and caring for wild animals should be restricted to qualified individuals and organizations who are subject to proper government oversight,” Collard said in a press release. “It is long past time for Ontario to implement a regulatory framework for the keeping of wild animals in order to ensure the well-being of the animals and keep the public safe.”

Ryan said inspections need to take place before people are granted ownership and are allowed to begin operating a zoo, ensuring that minimum standards and best practices are followed. 

The bill, however, died on an order paper when Doug Ford called the snap election earlier this year, which is what happens when any bills don’t reach Royal Assent before the legislature is interrupted.

A similar bill was introduced in the Senate of Canada in 2022 dubbed the ‘Jane Goodall Act’ after renowned animal activist Jane Goodall. That act put a limit on the number of animals that could be kept in roadside zoos and would begin to phase out elephant captivity in Canada. Humane Society International called it “some of the strongest legislation for wild animals in captivity and wildlife protection in the world.”

Not all senators were pleased with the bill, with some, like Senator Don Plett questioning what it would mean for organizations promoting conservation efforts.

Regardless, the bill passed third reading, but did not make it to the House of Commons before Prime Minister Justin Trudeau made the decision to prorogue Parliament ahead of an early election.

When Parliament resumes in March, the bill would require a motion from opposition parties to renew action.

World Animal Protection is continuing to call on the Ontario government to step up.

A spokesperson told CityNews that the organization is pleased by the action taken by Ontario’s Animal Care Review Board against Waddles ‘n’ Wags. But that is just one step in the right direction. 

“We know this isn’t going to happen overnight; all these facilities do have animals in their care,” Ryan said. “One of the things that we’ve recommended is that when introducing a provincial licensing system, one of the first things they do is implement a ban on addressing the breeding and acquiring new animals and those facilities that don’t meet the licensing standard. And so what we’re going to see over time is that these facilities are initially phased out.”