Disagreement between a developer and a wildlife control operator
2.17 In some circumstances there may arise some disagreement between a developer and a wildlife control operator with regard to what constitutes “fair, reasonable and appropriate measures” to protect the welfare of wildlife. Such disagreements may occur particularly in instances in which a measure, or measures, proposed by a wildlife control operator, are time or resource intensive. In such instances, resolution of disagreements should be attempted by reference to this Suggested Protocol. In all cases, however, the welfare of animals is of paramount importance and is the primary responsibility of the wildlife control operator.
2.17.1 In those situations where adherence to this code is mandated by a regulatory agency or branch of government any irreconcilable disputes between a developer or their agent, and the wildlife control operator should be referred, for resolution, to the representative of said government agency or branch.
2.17.2 In those situations where adherence to this code is strictly voluntary any irreconcilable differences may be unilaterally decided by the developer or their agent. In this situation the wildlife control operator has an obligation to make note of his/her dissenting view in the final Wildlife Management Report.
Termination of a contract by a developer
2.18 A developer may wish to terminate the contract of the wildlife control operator and contract a new wildlife control operator for completion of a project. However,
2.18.1 If the reason for termination is as a result of disagreement over a measure or measures proposed by a wildlife control operator in the interests of protecting the welfare of wild animals, then the incoming wildlife control operator, has an obligation to make note of this in the final Wildlife Management Report.
2.18.2 A developer may terminate a contract with a wildlife control operator without such notation in the final Wildlife Management Report if:
a) The wildlife control operator has failed to perform any operating
procedure or duty reasonably expected to be performed in the course of
their duties as a wildlife control operator ; or
b) The wildlife control operator has misused a power given under local, State or Federal laws; or,
c) The wildlife control operator has failed to perform their duties in accordance with their contract; or,
d) Any other reason, notwithstanding section 2.22.1 below.