Canada’s upcoming ivory ban will make life a little more complicated for some orchestral musicians. Legislation around the use of ivory delves into problematic history, environmentalism, and a complicated environment of international legislation.
Here’s a look at the basics.
Background
On November 20, 2023, the Honourable Steven Guilbeault, Minister of Environment and Climate Change announced upcoming legislation that will severely restrict the trade of elephant and rhinoceros ivory in Canada. The new measures come into effect after January 8, 2024.
“The government of Canada is putting in place stricter measures for the trade of elephant ivory and rhinoceros horn. These measures will further limit the ability to transport these products across Canadian borders and increase their monitoring,” Guilbeault told reporters.
What exactly does this have to do with classical musicians and their instruments, you may ask? While legislation against the ivory trade has been in force for decades, many string players perform with instruments that contain small amounts of ivory. Certainly, for those who perform with centuries old instruments, the odds are good that it will contain ivory.
Ivory is both strong and durable; that’s why it was popular for its practical as well as decorative uses. As evidenced by many legacy instruments that are still in use today, when properly cared for, it can last for centuries. It’s commonly found in many instruments, including:
- Cello, violin, viola and bass bows may use ivory in the tips and frogs;
- The instruments themselves may use ivory in the pegs and tailpieces;
- Professional-level guitars may use fossilized mammoth ivory in the saddle;
- Antique pianos with ivory keys.
International Context
CITES or Convention on the International Trade in Endangered Species of Wild Fauna and Flora is an international treaty that began to take shape in 1963, and took effect in 1975. In 1976, the African elephant was first listed as endangered. Today, while it is acknowledged to be endangered in most areas, healthier populations exist in Botswana, Namibia, and Zimbabwe, and are given special status.
A full international ban, in other words, has never really been enacted.
The US enacted a total ban on the ivory trade in 2014, however, in 2016, the law was amended to specifically exclude musical instruments under certain circumstances.
- The restriction on travel was removed for instruments purchased after February 25, 2014 that legally contain African elephant ivory;
- Also for instruments containing African elephant ivory that was legally acquired before February 26, 1976;
- The instrument cannot be sold or traded outside the holder’s country of residence.
The UK enacted the Ivory Act of 2018 with a specific policy on musical instruments. An instrument containing ivory is exempt from the ban if:
- It was made prior to 1975;
- It contains less than 20% ivory by volume.
The instrument must be assessed and registered with photographic documentation.
Canada’s Law
In Canada, CITES is enacted via the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) and the Wild Animal and Plant Trade Regulations (WAPTR). The Canadian ban will be among the world’s strictest, and in fact goes beyond CITES policy.
The Humane Society International figures say up to 25,000 elephants and 1,3000 rhinos are poached each year in Africa. More than 450 African elephant tusks, 16 rhino horns, 81 elephant trophies and 44 rhino trophies were legally imported into Canada from 2010 to 2021, with 95% classified as hunting trophies or personal use items.
Minister Guilbeault clarified some of the limited exceptions to Canada’s legislation. “Import or export will be allowed with a permit when destined for a museum or zoo for the use in scientific research or for use in support of law enforcement. These new measures will make the import of elephant ivory and rhinoceros horn hunting trophies illegal,” he said.
Specific items would require documentation.
“They would need a permit. … There would be an assessment. What we’re trying to do is to stop the poaching of elephants and rhinoceroses. Which is why we’re banning hunting trophies. For products that are already in circulation, like musical instruments, for example, people will be able to take them out of the country, bring them into the country. But they will need a permit,” he said.
The Details
Canada’s law will require import permits even if the ivory was acquired prior to 1975, and if the animal was a domestic one — stipulations that go beyond CITES. The law applies to both individuals and music ensembles that travel with musical instruments into or out of Canada.
Import:
- Musical instrument certificate issued by the CITES authority of the musician’s/ensemble’s home country AND;
- A Canadian import permit for the instrument(s).
Export:
- A Canadian CITES export permit OR;
- A Canadian CITES Temporary Movement Certificate (multi-use import/export permit), allowing musicians/ensembles to travel abroad and return with their instrument(s);
- The temporary certificate is available only to Canadian residents/ensembles, and can also replace the import permit when returning home.
More information, and how to apply for a permit, is available [HERE].
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