Polar Bear Protection Regulation

Polar Bear Protection Regulation, M.R. 210/2002 The Polar Bear Protection Act , C.C.S.M. c. P94 Regulation 210/2002 Registered December 16, 2002 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions PERMITS 2 Eligibility and applying for a permit 3 Minister's discretion re issuance of permit POLAR BEAR ELIGIBILITY 4 Eligibility FACILITIES 5 Size of facility areas 6 Access requirements in facility 7 Barriers and other restrictions on public access 8 Construction of walls and floors 9 Pool 10 Temperature, ventilation and lighting 11 Visual barriers and requirement for shade CARE 12 Veterinary care 13 Daily observation 14 Diet and drinking water 15 Cleaning and water maintenance 16 Safety plan and rescue equipment BEHAVIOURAL ENRICHMENT 17 Behavioural enrichment program and related requirements INSPECTION 18 Inspection RECORDS AND NOTICES 19 Records and notice of intended transfer 20 Coming into force DEFINITIONS Definitions 1 In this regulation, "Act" means The Polar Bear Protection Act ; («  Loi ») "department" means the department of government over which the minister presides; (« ministère ») "director" means the Director of the Wildlife Branch of the department; (« directeur ») "exhibit area" means the area of a facility where a polar bear may be viewed by the public; (« aire d'exposition ») "facility" means the building and associated areas where a polar bear is kept, including the exhibit area, the off-exhibit area and all holding areas; (« installation ») "holding area" means the area of a facility set aside for feeding, examination and veterinary treatment of a polar bear; (« aire de confinement ») "licensed veterinarian" means a person licensed to practise veterinary medicine in the place where a polar bear is located; (« vétérinaire ») "off-exhibit area" means the area of a facility where public viewing of a polar bear is not permitted, but does not include the holding area; (« aire réservée ») "zoo" means a permanent facility where wildlife is kept for the purpose of conservation, education or science, but does not include a circus. (« zoo ») M.R. 115/2025 PERMITS Eligibility 2(1) The minister may consider an application for a permit under the Act only from a zoo that is accredited by the Canadian Association of Zoos and Aquariums, the American Zoo and Aquarium Association, the European Association of Zoos and Aquaria or another accreditation body approved by the director. Contents of application 2(2) An application for a permit must include the following: (a) documents establishing that the applicant meets the eligibility requirements set out in subsection (1); (b) the reasons why the applicant requires the polar bear; (c) a detailed plan of the facility where the applicant proposes to keep the polar bear; (d) details of the training and education of staff at the facility where the applicant proposes to keep the polar bear; (e) details of the veterinary care program at the facility; (f) details of the behavioural enrichment program at the facility; (g) details of the interpretative education program at the facility. Application fee 2(3) An applicant must pay a non-refundable application fee of $250. at the time an application is submitted. Additional information 2(4) The applicant must provide any additional information requested by the director. Inspection 2(5) If requested by the director, the applicant must allow a person designated by the director to inspect the facility in which the applicant proposes to keep the polar bear. The applicant is responsible for all costs associated with the inspection. Decision of minister 3(1) The minister has an absolute discretion regarding the issuance of a permit. The minister's decision is not subject to appeal or review by a court. Term of permit 3(2) A permit may be issued for a term specified by the minister on the permit. POLAR BEAR ELIGIBILITY Eligible polar bear cubs 4(1) A polar bear that is under two years of age may be provided to a permit holder only if (a) it is orphaned or injured; (b) the director is satisfied that it cannot safely be released into the wild; and (c) it is examined by a licensed veterinarian who determines that it may be provided to the permit holder without jeopardizing its health. Eligible juvenile and adult bears 4(1.1) A polar bear that is two years of age or older may be provided to a permit holder only if (a) the director is satisfied that it cannot safely be released into the wild; (b) the director determines that it is capable of adapting to life in captivity, having regard to its age, size and temperament; and (c) it is examined by a licensed veterinarian who determines that it may be provided to the permit holder without jeopardizing its health. Identification 4(2) A polar bear must be permanently identified by a lip tattoo or other method approved by the director before it is provided to a permit holder. M.R. 141/2013 FACILITIES Size of exhibit area 5(1) An exhibit area in a facility containing one or two polar bears must be at least 500 m 2 . The size of the exhibit area must increase by an additional 150 m 2 for each additional polar bear in the facility. Size of off-exhibit area 5(2) An off-exhibit area in a facility containing one or two polar bears must be at least 75 m 2 . The size of the off-exhibit area must increase by an additional 25 m 2 for each additional polar bear in the facility. Size of holding area 5(3) A facility must have a holding area for each polar bear that is at least 4 m x 3 m x 2.5 m. Size of maternity den 5(4) If the polar bear is pregnant or has a cub under four months of age, the facility must have a maternity den that is separate from other holding areas and is at least 2.5 m x 2.5 m x 2.5 m. Unrestricted access in facility 6(1) Subject to subsection (2), the polar bear must be allowed to move freely between the exhibit area and the off-exhibit area at all times. When polar bear restricted to off-exhibit area 6(2) The polar bear may only be confined to the off-exhibit area for overnight accommodation or for short periods of time in the day to provide a break from public viewing or to allow maintenance of the exhibit area to be performed. Public access 7(1) Except where viewing is provided through a window, the public must be kept at least 6 m away from the polar bear through the use of barrier walls, dry moats or other safe and appropriate means. Barrier walls 7(2) In order to comply with subsection (1), a barrier wall must be at least 5 m high (excluding any railing) and be constructed so that the polar bear cannot climb it. Dry moats 7(3) In order to comply with subsection (1), a dry moat must be at least 4 m deep and include a barrier or device that will break the fall of the polar bear if it falls into the moat. Windows 7(4) Any window that allows public viewing must be at least 5 cm thick (or be constructed of safety glass) and located in a position that allows the polar bear to avoid public viewing if desired. M.R. 150/2008 Construction of walls and floors 8(1) All walls and floors in a facility must be constructed of material that is non-toxic, not highly abrasive and easy to clean. Substrate area 8(2) The exhibit area must include an area at least 125 m 2 that is covered by soil, straw, wood chips or another suitably soft substrate. Pool 9 An exhibit area must have a pool that (a) is at least 70 m 2 ; (b) has a shallow end that allows the polar bear to wade; and (c) has a deep end that is at least 3 m deep. Temperature 10(1) At all times during the year, the polar bear must have access to an area in the facility where a comfortable temperature for the bear is maintained. Ventilation 10(2) The indoor areas of a facility must be adequately ventilated to maintain acceptable air quality at all times. Lighting 10(3) The indoor areas of a facility must have skylights to provide natural lighting. Any artificial lighting in a facility must be of an intensity that does not threaten the well-being and comfort of the polar bear. Visual barriers 11(1) The exhibit area must contain at least one visual barrier for each polar bear in the area that is designed to allow the bear to avoid public viewing if desired. Public view of exhibit area 11(2) The exhibit area must not allow more than 180 degrees of public viewing access to the polar bear. Shade 11(3) At all times in the day, the outdoor areas of a facility must provide shade for the polar bear and an area that is open to sunlight. CARE Veterinary care 12(1) A permit holder must ensure that veterinary care and facilities available to the polar bear meet the standards set out in Guidelines for Zoo and Aquarium Veterinary Medical Programs and Veterinary Hospitals published by the Veterinary Standards Committee of the American Association of Zoo Veterinarians. Fecal examination 12(2) A permit holder must ensure that a fecal examination of the polar bear is conducted twice a year and any required treatment is provided in response to the results of the examination. Daily observation 13 A permit holder must ensure that the physical health of the polar bear is inspected by staff at the facility during daily feeding. Diet 14(1) A permit holder must ensure that the polar bear is provided with a balanced diet that includes hard and soft foods, such as prepared dog chow, organ meat, carrots or apples, or reasonable substitutes. Drinking water 14(2) A permit holder must ensure that fresh drinking water is available to the polar bear at all times in the facility. Cleaning 15(1) A permit holder must ensure that the exhibit area, off-exhibit area and all holding areas are cleaned on a daily basis. Maintenance of pool water 15(2) A permit holder must ensure that the pool water in the facility is filtered or changed on a regular basis to maintain water quality and prevent the development of algae. Safety plan 16(1) A permit holder must have a written emergency plan that sets out the procedures to be followed if the polar bear escapes from the facility, is injured or a member of the public enters the facility. Rescue equipment 16(2) A permit holder must have rescue equipment at the facility for use if the polar bear escapes, is injured or becomes incapacitated in the facility. BEHAVIOURAL ENRICHMENT Behavioural enrichment program 17(1) A permit holder must establish a written behavioural enrichment program designed to stimulate and encourage natural behaviour in the polar bear. Exhibit area design 17(2) The exhibit area must contain structural features such as resting platforms, waterfalls and nesting sites. It must also contain stabilized rocks, tree trunks or similar materials that are redesigned periodically to provide a change in environment for the polar bear. Alternative foods and feedings 17(3) A permit holder must ensure that the regular feeding schedule is supplemented by irregularly timed and located feedings involving foods not normally served. INSPECTION Inspection 18 When requested by the director, a permit holder must allow a person designated by the director to examine the polar bear and the facility. RECORDS AND NOTICES Records 19(1) A permit holder must provide the director with the following documents: (a) an annual report prepared by a licensed veterinarian regarding the physical and behavioural health of the polar bear; (b) a report prepared by a licensed veterinarian whenever a significant change in the health of the polar bear occurs; (c) an autopsy report prepared by a licensed veterinarian if the polar bear dies. Notice of transfer 19(2) A permit holder must provide the director with written notice if the permit holder intends to move the polar bear to a different facility. The notice must be provided at least six months in advance of the proposed move. Coming into force 20 This regulation comes into force on the day The Polar Bear Protection Act , S.M. 2002, c. 25, comes into force.