London, Ont., city councillor Anna Hopkins wants to find out exactly how Reptilia was granted a building permit after she says council made its opposition clear in 2018 when it voted against motions aimed at allowing the reptile zoo to set up shop in Westmount Mall.
At the time, two separate motions on the matter failed: one to have staff gather public feedback and information about zoos and mobile zoos in London; and another to have staff craft a draft amendment to business licence by-law L-131-16 to regulate zoos, fairs, exhibitions and circuses.
However, Reptilia, which currently operates locations in Whitby and Vaughan, has since been granted a building permit.
“I understand that they did put in an application last year and when I followed up with staff, apparently the possibility of getting around the bylaw is that they could be classified as entertainment,” Hopkins told Global News.
“I think it’s incumbent for all of us who are part of council to ask the question: what went wrong? We did not support Reptilia moving into Westmount. That was the conversation that we had back (then) and that was what was supported.”
Hopkins worried that “if there are loopholes” that allowed Reptilia to obtain the licence, then it sets “a dangerous precedent.”
She brought up her concerns at Tuesday’s full council meeting, where George Kotsifas, deputy city manager of planning and economic development, explained that the report that went to council in 2018 was not specific to Reptilia but part of it did address Reptilia’s interest in London.
He said the planning analysis included in the report concluded that the proposal was consistent with the provincial policy statement, the London Plan and zoning as a place of entertainment, and that the animal control bylaw provided an exemption for such an operation where they are either licensed by a municipal government or another government authority.
“With no municipal licence scheme at that time and no other government licence, I believe the perception was that Reptilia could not operate in London,” he said.
Since that time, a building permit was applied for and approved, with Kotsifas explaining the Building Code Act accounts for zoning, which Reptilia met conditions for, but the animal control bylaw has nothing to do with issuing a building permit.
“From an operational perspective, we now understand that Reptilia intends to operate under a provincial licence — again, not a municipal licence, but provincial licence. The terms of that licence would be held by the province and once they are open and operating enforcement of those terms and conditions with that licence will be the responsibility of the province.”
However, Julie Goodyer, campaigns director for wildlife protection organization Zoocheck Canada, argued that “entertainment” was an inappropriate zone category for Reptilia.
“This zoo has some of the most dangerous reptiles in the world within their collection, so it should be treated certainly differently than an arcade, for instance.”
She also said that London City Council removed zoning for privately owned zoos in 2011. As a result, she said, any private zoos looking to set up in London would have to seek council’s approval.
Goodyer said city staff were specifically asked at the December 2018 meeting whether such an organization could apply for a permit under the existing bylaw.
Then-councillor Phil Squire asked at the time: “If we refer this or refer for a bylaw, nothing will change in the interim. Am I not correct that in the interim this organization could apply to be licensed and operated?
“In other words, if they get an application in before we make a change or before the referral comes back, they could proceed in the normal course and obtain a license to operate this business.”
Kotsifas, who was the managing director of development and compliance at the time, responded that because there was no licence under the business licence bylaw for such an establishment, there was no way for them to apply.
“The way that we are interpreting the animal control bylaw is that a licence would be required by the city. But because there is no licensing ability through the business licence bylaw, there is nothing for them to apply to, so they cannot actually operate in the city. That’s our interpretation.”
Goodyer also stressed that Zoocheck only learned of Reptilia being granted a building permit in London by happenstance.
“We did a Freedom of Information request in the city of St. Catharines, where Reptilia’s opening, where they said, ‘Oh yes, we’re aware that, you know, this happened in London, but we were told by staff that we could just open our facility anyways.’ So that’s how we found out about it,” she said.
“I’ve worked, as I said, with hundreds of councils we’ve worked with right across this country and not once have I ever seen the staff go against what council had voted on.”
As for Reptilia’s plans to operate under a provincial licence, Goodyer said that Reptilia has a permit from the province to keep native species.
“What Reptilia and the staff are seeking to do is get a full exemption to the entire animal control bylaw simply because they have a permit to keep garter snakes,” she suggested.
Zoocheck also sought a legal perspective on the matter from WeirFoulds LLP which concluded that, in its opinion, “the facility envisioned by Reptilia is not permitted under the City’s Animal By-law, the provincial regime for issuing licences to keep native wildlife in zoos, and the City’s Zoning By-law.”
Global News has reached out to Reptilia for comment but did not hear a response by publication time. According to its website, 75 per cent of the animals in Reptilia’s care are saved and rescued, 10 per cent are born at Reptilia and 15 per cent are from another zoo.
The company also states that it is a member of the Canadian Association of Zoos and Aquariums.
“Our animals are securely contained in escape-proof exhibits, for their health and happiness as well as yours! Our animal ambassadors are safe to meet under the supervision of our expert Cast Members,” the website reads.
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