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Ontario announces plans to ban breeding, acquisition of killer whales

WATCH: Ontario’s community safety minister is pushing for a bill that will create stricter regulations on marine mammals. Mark Carcasole reports.

TORONTO – The Ontario government announced new guidelines for marine mammals in captivity Tuesday including a ban on the acquisition and breeding of killer whales.

The new guidelines are expected to be released within six months and are based on a report by Canadian marine biologist Dr. David Rosen.  The new guidelines for pools sizes, noise limits, water quality and appropriate social groupings will be included in legislation to prohibit the future breeding and acquisition of killer whales.

Naqvi said Marineland is the only park in the province to be affected by changes to killer whale regulations and insisted their enclosures won`t be grandfathered in.

“We will require facilities that keep marine mammals to upgrade their facility if they don’t meet the standards of care,” Minister Yasir Naqvi said. “That is exactly the advice we will be seeking from the technical advisory committee as to what is a feasible time frame to make those, in many instances, those very significant physical changes to enclosure size for example.”

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Rosen’s 128 page report criticized the OSPCA’s ability to deal with marine mammals noting a lack of training for its agents.  The report suggests the “current standards of care for marine mammals in display facilities is insufficient.”

READ MORE: Marine mammals bring big profits for theme parks

Naqvi says the aim of the new standards is to improve the treatment of marine mammals such as dolphins, belugas and walruses in Ontario. However, when asked why only killer whales were banned instead of just changing regulations, he suggested it was nearly impossible to “replicate the natural habitat.”

The only killer whale held in captivity in the province is housed at Marineland in Niagara Falls. The whale doesn’t perform however due to its age.

Marineland wouldn’t comment on the ban on killer whales in a statement to Global News Tuesday except to say the practice is governed by “international treaties and legislation entered into by the Federal Government.”

But the statement does say Marineland “fully supports” the recommendations of the panel.

“There is no greater priority for Marineland than the health and welfare of all of its animals, including its marine mammals. We have always, and will always live up to the highest, achievable, science-based standards in the world.”

The statement goes on to say that if the announced advisory panel is “allowed to be guided by science, and not ideology” they will have no problem meeting the new standards.

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In 2012, former employees including Philip Demers accused the park of mistreating of its mammals. Demers, who is currently battling a lawsuit from Marineland, welcomed the legislation during an interview Tuesday.

“I think it validates the efforts of animal rights activists and people who  have been pushing for laws and regulations,” he said. “Certainly the notion that there will be no more captive orcas beyond Canada’s last remaining one, Kiska, is a gift.”

John Holer, the owner of Marineland, denied those allegations and in a 2012 statement to Global News said: “Marineland staff members and I consider each Marineland animal resident a member of the family. I will spare no expense when it comes to the health and well-being of the animals in my care.”

The park’s director of veterinary services told CBC News no animals were ever mistreated.

“It would break my heart to think we would ever mistreat [the animals].  We love them dearly,” June Mergel told CBC News. “We’ve been here for 50 years, so we have a lot of ex-employees that cycle through the area, and I can find you as many employees — ex-employees — that will say good things about Marineland.”
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