Roadside zoo season is set to begin in Ontario and advocates say it's time to shore up animal welfare laws

Animal rights advocates and municipal associations are calling on the Ontario government to shore up animal welfare laws with roadside zoo season set to begin. 

Roadside zoos, which tend to open to the public around this time of year, are often small pop-up attractions outside major cities that can feature a host of exotic and domestic animals for guests to interact with. 

They also frequently involve small enclosures for animals, offer little more than food, water and a shelter box, and have a negative impact on animal behaviours, according to the non-profit organization World Animal Protection (WAP).

The organization calls the zoos "substandard" facilities that mainly house wild animals in "poor, barren conditions."

But a patchwork of legislation in Ontario allows the zoos to open up shop in some municipalities while being banned in others, WAP wildlife campaign manager Michèle Hamers told CBC Toronto.

"Compared to other provinces and jurisdictions in Canada, Ontario lags behind," said Hamers.

"There's nothing really stopping the government to take on this issue. It's political will and priorities, and we don't want to wait ... until there is another escape or another incident that happens." 

Industry safety and regulation has improved in Ontario in recent years — notably thanks to the provincial Animal Welfare Services Act (PAWS) that came into force in 2019 and sets out basic standards of care for some animals. But critics and advocates say it's too vague to interpret effectively and consistently for each exotic animal, leaving municipalities grappling to regulate zoos themselves.

WAP says until the province implements clearer rules for wildlife facilities and dedicates more resources to regulating the industry, the problem will only persist — since about 50 per cent of municipalities don't have any bans on wild animal ownership at all.

"It's great that we have certain provisions, certain regulations," said Hamers. "But if it's not properly enforced and we can't hold facilities accountable for what they're doing. That's still very problematic."

Municipalities, bylaw officers fending for themselves

It's a long-standing problem that leaves municipalities — even those with by-laws on the issue — facing challenges in managing exotic animals, according the Association of Municipal Managers, Clerks and Treasurers of Ontario, the largest association of local government professionals in the province.

"Municipalities are sort of doing the best they can with the information they have," said David Arbuckle, the association's executive director.

And despite the efforts taken by local authorities to shut them down, in some cases, the association says a roadside zoo can still pack up shop and move to another municipality.

"It's piecemeal and there's different ways in which municipalities deal with it," said Arbuckle.

"It would be great for there to be overarching provincial legislation that would provide more guidance to both the council themselves but also those that are being called in to enforce the rules."

The Municipal Law Enforcement Officers' Association agrees, saying a province-wide framework and public education on the issue is needed to address both citizen and officer safety.

"Not all of them may be trained with dealing with those types of animals that they've been called to interact with," the association's president Doug Godfrey, said of officers, adding they may not always have the means or resources to interact with the animals.

Ontario's Ministry of the Solicitor General is responsible for administering the PAWS Act. In a response to CBC Toronto's inquiries, the ministry did not say if new legislation is on the way, but said the province is a "leader in the protection of animals, with the strongest penalties and first enforcement system of its kind in the entire country." 

"Animal Welfare Services will not hesitate to issue orders if an organization, company or individual is not in compliance with all rules, regulations, and standards of care regarding the welfare of animals."

The ministry adds that the province's Animal Welfare Services has given 7,600 orders, laid 600 charges and removed over 5,200 animals from situations negatively impacting their welfare since January 2020.

Animal welfare should come first, Toronto Zoo says

Toronto Zoo, the largest zoo in the country, says it supports WAP's campaign and has been advocating for greater protections for animals for years. 

"We don't want to just be following a standard, we want to be setting a standard," said Dolf DeJong, the CEO of the zoo. 

That's made easier because of third-party, non-profit accreditation from The Association of Zoos and Aquariums, DeJong says. Beyond accreditation and its guest and staff emergency drills, the zoo says the main differences separating it from roadside zoos are its focus on conservation, education and transparency. 

"Many people are visiting the zoo as a fun day out with their family and our commitment is making the most of that time to make sure they leave with messages on what they can do to help," said said DeJong.

"We're going to keep taking those steps to make sure everybody leaves better equipped to be a steward for wildlife."

Hamers says families looking to support more trustworthy zoo institutions should look for third-party accreditation and avoid places with poor fencing or those that allow people to touch and feed wild animals.

"Please do your research and make sure that you understand what kind of zoo you're walking into," said Hamers.

"[If] it's purely for entertainment, that's where we draw the line and say listen, that's not acceptable anymore in this day and age."