The leader of the Green Party has filed a complaint with the federal lobbying watchdog related to efforts by Marineland Canada and the Vancouver Aquarium to thwart an anti-captivity bill that is before the Senate.

In a letter sent today to Lobbying Commissioner Karen Shepherd, Elizabeth May raises concerns about possible past and ongoing breaches of the Lobbying Act related to Bill-203, a private member’s bill that’s looking to end the captivity of whales and dolphins in Canada.

The Senate Standing Committee on Fisheries and Oceans has been hearing from witnesses on the bill — on both sides of the debate — since late February.

May has outlined her reasons for suspicion and is calling for an investigation into the conduct of both facilities. Among her reasons: Neither Marineland Canada nor any of its agents are registered under the Registry of Lobbyists. A search of the registry fails to produce any reported instances of their lobbying of public office holders related to the bill.

“However, there is evidence to suspect that significant lobbying of at least one and possibly additional senators by Marineland, or on its behalf by its agents, has occurred in relation to Bill S-203,” May said.

That could run up against the lobby commissioner’s “20 per cent rule”, which defines when staff or a hired lobbyist’s communication with public office holders constitutes a significant part of their duties — and must therefore be registered and reported.

There is also information to suggest reasons for concern about the Vancouver Aquarium’s conduct, May said. Neither it, nor its legal name Ocean Wise Conservation Association, are registered under the Registry of Lobbyists. As well, there are also no reported instances of their lobbying of public office holders in relation to Bill S-203.

Despite this, May said, there is evidence here as well to suggest significant lobbying of senators by the aquarium has occurred.

“Both Mainland Canada and the Vancouver Aquarium are on the public record as opposing Bill-203, and both organizations generate significant revenue from he display of captive cetaceans,” May said in her letter.

The complaint cites several reasons to suspect improper lobbying: social media posts (some of which have since been deleted), comments made by senators at committee, professionally-prepared letters sent to all senators by both facilities and a grassroots letter-writing campaign aimed at senators organized by the aquarium.



A good many of the reasons for suspicion involve Sen. Don Plett, who is the Conservative Senate caucus critic on the bill.

“In 2016, seven belugas were born at Marineland, and all are alive and thriving today,” Plett said on April 11, 2017. “That kind of goes against the testimony that we have heard. Probably, if this committee went to Marineland, they would point them out to us, as they have pointed out to me the young whale that the documentary show talked about having died. When I went there they showed me the young whale swimming and indeed it was very healthy.”

On several occasions at committee, the complaint notes, Plett asked questions of witnesses citing content that may have been provided by Marineland. He also may have been counselled on how to attack a witness’ credibility, the complaint says, as more than once the detailed information he put forward reflected the park’s claims in ongoing litigation.

May’s complaint argues that during the bill’s second reading in the Senate in May 2016, Plett’s speech included references to information that may have been provided by Marineland and would have been difficult or impossible to obtain otherwise.

That same month, a large contingent of Conservative senators in Vancouver for the party’s convention visited the aquarium — but that’s not something noted in the public record.



Among the letters both facilities have sent senators is one from Marineland dated November 28, 2016, which makes reference to an eight-minute video (included in this press release) that would have taken some effort to prepare. The video was meant to showcase belugas the park says are thriving in captivity.

This past June, Vancouver Aquarium President and CEO John Nightingale hosted an event on Parliament Hill on behalf of the aquarium’s Ocean Wise Conservation Association.



Although Marineland has no lobbyists registered, the Vancouver Aquarium has eight registrations and multiple communication reports. All of those registered work with Earnscliffe and reportedly lobbied Fisheries and Oceans Canada and Environment and Climate Change Canada, the federal government departments responsible for two of the three statutes amended by Bill S-203. Representatives from both departments have appeared at the committee’s hearings on Bill-203. Lobbyist Yaroslav Baran, who formerly held senior positions in the Conservative government, also reports having lobbied the Senate of Canada.

In all communication reports, however, what was discussed is described in general terms: There is no mention of Bill-203.

On December 12, 2016, Baran reported communicating with Sen. Yonah Martin, deputy leader of the Senate Conservative caucus and, like Plett, a member of the Senate opposition leadership team. The subject matter of that communication is listed as “Environment, Fisheries.”

“This indication may invite further scrutiny, given Bill S-203 had just recently been referred to the Senate Standing Committee on Fisheries and Oceans on November 23, 2016, presumably a development of great concern to the Vancouver Aquarium and its agents,” May’s complaint states.

It notes that before the bill was referred to committee, there were efforts to defeat it at second reading by Conservative senators, including an “extraordinary procedural measure, a hoist amendment.”

In an e-mailed statement, Marineland declined to comment on the concerns raised in the complaint.

“Ms. May did not contact Marineland with any of her concerns and we are not aware of the content of her complaint. We will review the complaint when it is received.”