Animal activists accuse controversial Ontario reptile zoo of slithering past London city council

CBC News has learned a controversial Ontario reptile zoo plans to open a new location in the city, despite council turning it down in 2018 and banning private zoos altogether more than a decade ago.

Reptilia is an accredited zoo with the Canadian Association of Zoos and Aquariums (CAZA) and bills itself as "Canada's largest indoor reptile zoo." The company operates two Ontario locations in Whitby and Vaughn and boasts a menagerie of 250 animals, including crocodiles, lizards, turtles and venomous snakes, such as the deadly black mamba.

Reptilia has been looking for opportunities to expand its business and eyed London in 2018, but was ultimately rejected by city council in December of that year. 

Never have I seen staff so blatantly go against the direction of city council.- Julie Woodyer, Zoocheck Canada

Now CBC News has learned the company is moving into the city anyway after it was issued a building permit by city staff in January of 2021 to construct its proposed facility at Westmount Shopping Centre.

The information was gleaned from emails obtained by CBC News from Zoocheck Canada, and the documents included a series of notes exchanged between the Toronto-based animal welfare charity's campaigns director Julie Woodyer and George Kostifas, the city's chief building official.

Staff 'blatantly' went against council

In the emails, Kostifas writes, "Reptilia has been interpreted as a 'place of entertainment'" and was issued a building permit at Westmount Shopping Centre in January of 2021. 

The zoo would be allowed operate, he wrote, because "Reptilia is exempt" from London's exotic animal bylaws because it is licensed by the provincial government to house native wildlife, such as garter snakes and indigenous turtle species. 

Woodyer told CBC News Friday she disagrees with the interpretation, arguing the decision by building officials sidesteps democratic decision-making. 

"Staff are essentially working around that, to seek loopholes to allow this facility to operate," she said.

"We work with municipal councils, hundreds of them, right across the country. Never have I seen staff so blatantly go against the direction of city council."

Lawyers argue staff decision in 'error,' zoo illegal

Zoocheck sought a legal opinion on the matter from Weir Foulds LLP last fall. The Toronto law firm specializes in corporate and property law.

Weir Foulds wrote a nine-page appraisal of the situation and give its opinion on whether staff could sidestep council by allowing the zoo to go ahead under the premise it had a provincial license to exhibit native wildlife from the Ontario Ministry of Natural Resources and Forestry (MNRF).

"Reptilia's provincial licence for its facilities only applies to native wildlife species," lawyers wrote in an October 5, 2021 email to Zoocheck that was reviewed by CBC News. 

"It is clear from Reptilia's website that its zoos showcase mainly exotic animals, which are not licenced [sic] by the province."

In Ontario, it is illegal to keep native wildlife in captivity without an exemption. However, there are no provincial laws restricting the ownership of dangerous exotic animals such as crocodiles or deadly venomous snakes, like spitting cobras and black mambas, all of which are included in Reptilia's collection. 

Lawyers for Weir Foulds concluded that the building permit was issued "in error" because "Reptilia is not permitted" under London's zoning and animal bylaws or the provincial licensing regime, which, lawyers note, is location-specific. 

Mayor Ed Holder's office was contacted Friday for comment, but did not immediately respond to the request. 

CBC News also reached out to Westmount Shopping Centre Friday. 

"Any information on the Reptilia tenancy has to come directly from the tenant," property manager April Herlick wrote in an email to CBC News. 

Reptilia president Brian Childs wrote to CBC News Friday, saying it was his understanding that London city council voted against mobile animal shows in 2018 and not Reptilia expanding into the city. 

Childs noted the company would issue a response "soon."