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Twenty whales – one killer whale and 19 belugas – have died at Marineland since 2019.Chris Young/The Canadian Press

Marineland says it is “profoundly” disappointed by the federal government’s decision to deny its request to ship 30 belugas to China.

Fisheries Minister Joanne Thompson says the federal government will not grant an export permit to ship the whales to the Chimelong Ocean Kingdom aquarium.

Thompson says she will not subject the belugas to a future performing in captivity.

Marineland says the federal government has killed the Niagara Falls, Ont., tourist attraction’s only viable option to move the whales as no sanctuary yet exists to take them.

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They are the last captive whales in Canada after the federal government banned the practice in 2019 with legislation that did not apply to Marineland’s existing animals.

Twenty whales – one killer whale and 19 belugas – have died at the Niagara Falls, Ont., tourist attraction since 2019, according to a database created by The Canadian Press based on internal documents and official statements.

Marineland says this decision leaves them with no ability to pay for the whales’ continued feeding and care.

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Beluga whales in a tank at Marineland in Niagara Falls, Ont., June, 2023.Chris Young/The Canadian Press

Marineland closed to the public in late summer 2024 and has not reopened. It did not open this year as it looks to sell the park and the vast swath of land it owns near Horseshoe Falls. No sale has yet been announced.

Four dolphins, a few seals and sea lions and a contingent of bears and deer remain at Marineland.

The law that banned whale captivity did not apply to the existing population of captive whales at Marineland, but the park had to comply with another part of the law that forbade breeding.

The legislation also banned the importation and exportation of whales, though there are exceptions for scientific research or “if it is in the best interest” of the animal, with discretion left up to the minister.

Fisheries and Oceans Canada has said it is also aware of the proposed Whale Sanctuary Project in Nova Scotia, but noted it is “not operational.”

That $20-million project has been delayed for years. Documents obtained by The Canadian Press earlier this year through freedom of information laws state a U.S.-based group won’t be granted a Crown lease for 81 hectares of land and water near Wine Harbour, N.S., unless the landowners grant unanimous consent.

Ontario is responsible for enforcing animal welfare laws and has conducted a sprawling, ongoing investigation into Marineland since 2020. Inspectors have visited the park more than 200 times and issued 33 orders for compliance.

The province still has four long-term outstanding orders against Marineland. Those are focused on the water quality, the maintenance and repair of the water system, proper record-keeping for whales and dolphins and the condition of enclosures and enrichment level for dolphins, seals and sea lions, the Ministry of the Solicitor General has said.

In 2021, the province declared all marine mammals at Marineland in distress, citing poor water. Marineland disagreed, filed an appeal to an order and then dropped its appeal.

A juvenile beluga died in February, while another beluga whale and a harbour seal died at the park in mid-August.

Phil Demers, a former Marineland whale trainer turned outspoken critic, said he is still worried about the belugas, but remains hopeful that a quick solution can be found.

“It narrows the options for the belugas, which at least it eliminates that specific place for consideration,” he said of the Chinese park.

“And with that, you hope that it opens new opportunities for consideration, as one door shuts, you hope another one opens.”