Ontario has become the first province in Canada to make it illegal to buy, sell or breed orcas.

There was widespread praise Thursday for the Liberal government’s ban on orcas, or killer whales, which passed at Queen’s Park and received royal assent to become law.

The new law is part of a government plan for better protection of marine mammals that followed a lengthy Star investigation into conditions at Marineland. The Niagara Falls marine park is the only Canadian facility to keep a lone orca, called Kiska, in captivity.

The Star was unable to contact Marineland Thursday but the park has maintained it followed existing regulations in the treatment of its marine mammals and other animals, and has been involved in working out new provincial standards of care.

“PETA commends Ontario for ensuring today that future generations of orcas will not be stolen from their families and sentenced to life in a marine animal prison,” said Jared Goodman, director of animal law for People for the Ethical Treatment of Animals.

Goodman said orcas must be retired to coastal sanctuaries, adding: “Marine animal parks in Canada and the U.S. can no longer stall the inevitable.”

The law isn’t good enough, according to the Ontario Captive Animal Watch. The watchdog group criticized the government for not including Kiska in the ban. Estimated to be 40, she swims alone in her concrete tank at Marineland.

“She may spend the rest of her life in isolation,” said Cary Nice, the group’s director of investigations. She pointed out in an email the law doesn’t ban the capture and breeding of beluga whales and said: “This is not what Premier Kathleen Wynne and (Community Safety Minister) Yasir Naqvi promised.”

The orca ban is the highlight of the new Ontario Society for the Prevention of Cruelty to Animals Amendment Act, which also allows for the strengthening of standards for the care for other marine mammals through new regulations. Once enacted, they will include penalties of up to a $60,000 fine and/or two years in prison for a first conviction of breaching the act.

In an interview late Thursday, Naqvi, whose responsibility includes marine parks and zoos, said he expects these new regulations to be enacted by fall. They will affect standards of care for all marine mammals, including Kiska.

He said the public will be invited for further input through public consultation, likely over the summer.

“We are very proud of the law that passed today,” said Naqvi, calling it the first part of an action plan to strengthen standards of care.

Asked why the law didn’t prohibit Marineland from continuing to keep Kiska, he said: “Kiska is owned by Marineland. She is their possession and they have the right to decide what to do.”

But he added that his ministry is concerned about her welfare, and if Marineland decides to transport her to another location the government will ensure it’s done properly.

Marineland has argued that Kiska is 80 or 90 years old in human terms and too old to be transported, including to a sea pen.

Marine mammal scientist Naomi Rose disagrees with such estimates.

“Certainly 40 years is not ancient for female orcas. It’s middle age,” said Rose, of the Animal Welfare Institute, from Washington, D.C. She has spent her career studying orcas and said: “Kiska is a member of a highly social species. . . . Her complete solitary state is unimaginable.”

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Rose pointed out that researchers believe that Granny, or J2, from a West Coast pod is over 80; while local activists believe she is over 100. Individual orcas are identified and tracked through their distinct white on black markings.

Linda Diebel can be reached at ldiebel@thestar.ca

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