Could a kinder fate have been possible for Marineland animals? How the planning process failed them

Animals and planning’s role

Six belugas—Peekachu, Rain, Osiris, Caspian, Jellybean and Cyprus—and a dolphin named Echo died after removal from Marineland earlier this year. The writer says Echo was nearly blind and describes rocks and paint found in beluga stomachs during autopsies.

The writer, a Registered Professional Planner, reflects on how planning helped enable Marineland’s operation. The facility has existed since the 1960s, while the writer says reports of harm to animals accumulated over time.

Jellybean was born at Marineland 19 years ago and also gave birth there. The writer argues that planning focused on how land could be used, rather than on what the animals needed to survive.

What city plans allowed

Niagara Falls’ Official Plan described Marineland as “family entertainment.” The writer says the document did not address the conditions sea mammals required, but helped establish the facility’s legitimacy. In February 2025, the city’s Committee of Adjustment considered eight applications concerning Marineland and approved them all. The decisions brought the property into line with the city’s Official Plan and Zoning Bylaw.

The applications covered variances, easements, creation of a new parcel and mortgage release to secure operational financing. Planners assessed them as minor because no development was proposed and officials found no effect on neighbouring properties, streetscape or character.

Public concerns at the meeting

People attending the February meeting raised concerns about the animals. Some asked the committee to delay its decision until there was more information about their treatment. Marineland’s representative said the requested approvals were unrelated to animal welfare. The writer says the planning process may be the only public chance to raise issues that might otherwise go unnoticed.

After the meeting, Marineland sought federal permission to export the whales and dolphins; the request was initially denied. The facility later said it would euthanize them more than once, before eventually receiving federal export approval.

Limits of planning procedures

Ontario’s Committees of Adjustment can decide on minor proposed land changes that do not meet municipal planning rules. They operate under Section 44 of the provincial Planning Act, with planning staff helping them carry out their work.

The writer says planning’s specialized language and procedures can make it difficult for non-planners to take part. Committees of Adjustment have also been criticized for limiting wider public participation.