Fish and Wildlife Conservation Act, 1997
S.O. 1997, c. 41
No Amendments.
PART I
INTERPRETATION AND APPLICATION
Definitions
1. (1) In this Act,
"animal" means a member of the class Mammalia (mammals), Aves (birds),
Reptilia (reptiles) or Amphibia (amphibians), but does not include a
human being; ("animal")
"aquaculture" means the breeding or husbandry of fish, and the verb
"culture" has, with respect to fish, a corresponding meaning;
("pisciculture")
"boat" includes a motorboat, rowboat, canoe, punt, sailboat or raft;
("bateau")
"body-gripping trap" means a device designed to capture or kill an
animal by seizing and holding it by a part of its body, and includes a
spring trap, steel trap, gin, deadfall, snare or leghold trap but does
not include a device designed to capture or kill a mouse or rat;
("piège à machoires")
"buy or sell" includes barter or trade for consideration, offer to buy,
sell, barter or trade for consideration, or possess for the purpose of
buying, selling, bartering or trading for consideration, and "buying or
selling" has a corresponding meaning; ("acheter ou vendre")
"closed season" means, with respect to a species, the period during
which hunting, trapping or fishing for that species is not permitted;
("période de fermeture")
"document" means anything recorded on paper or in electronic,
photographic or other form; ("document")
"domestic animal" means an animal that belongs to a species that is not
wild by nature; ("animal domestique")
"farmed animal" means a white-tailed deer, elk, bison, fisher, fox,
lynx, marten, mink, raccoon or member of another species prescribed by
the regulations that is being kept in captivity in Ontario for the
purpose of commercial propagation or the commercial production of meat,
hides, pelts, antler products or other products; ("animal d'élevage")
"farmer" means a person whose chief occupation is farming and,
(a) who is living upon and tilling his or her own land, or land to the
possession of which he or she is for the time being entitled, or
(b) who is a settler engaged in clearing land for the purpose of
bringing it to a state of cultivation; ("exploitant agricole")
"firearm" includes an air gun, pellet gun, bow or crossbow; ("arme
à feu")
"fish" has the same meaning as in the Fisheries Act (Canada);
("poisson")
"furbearing mammal" means a member of a species set out in Schedule 1
or prescribed by the regulations as a species of furbearing mammal;
("mammifère à fourrure")
"game amphibian" means a member of a species set out in Schedule 5 or
prescribed by the regulations as a species of game amphibian;
("amphibien gibier")
"game bird" means a member of a species set out in Schedule 3 or
prescribed by the regulations as a species of game bird; ("gibier à
plume")
"game bird hunting preserve" means an area in which game birds
propagated under a licence are released for hunting purposes;
("réserve de chasse au gibier à plume")
"game mammal" means a member of a species set out in Schedule 2 or
prescribed by the regulations as a species of game mammal; ("mammifère
gibier")
"game reptile" means a member of a species set out in Schedule 4 or
prescribed by the regulations as a species of game reptile; ("reptile
gibier")
"game wildlife" means a furbearing mammal, game amphibian, game bird,
game mammal or game reptile; ("gibier sauvage")
"hunting" includes,
(a) lying in wait for, searching for, being on the trail of, pursuing,
chasing or shooting at wildlife, whether or not the wildlife is
killed, injured, captured or harassed, or
(b) capturing or harassing wildlife,
except that "hunting" does not include,
(c) trapping, or
(d) lying in wait for, searching for, being on the trail of or pursuing
wildlife for a purpose other than attempting to kill, injure,
capture or harass it, unless the wildlife is killed, injured,
captured or harassed as a result,
and "hunt" and "hunter" have corresponding meanings; ("chasse", "chasser",
"chasseur")
"licence" means a licence or permit issued under this Act, and includes
any document or thing deemed to be a licence by the regulations;
("permis")
"migratory bird" has the same meaning as in the Migratory Birds
Convention Act, 1994 (Canada); ("oiseau migrateur")
"Minister" means the Minister of Natural Resources; ("ministre")
"Ministry" means the Ministry of Natural Resources; ("ministère")
"motorboat" means a boat with a motor that is attached to the boat and
that is capable of being used as a means of propulsion, and includes
any floating object being towed by a motorboat; ("bateau à moteur")
"non-resident" means a person who is not a resident; ("non-résident")
"Ontario Fishery Regulations" means the Ontario Fishery Regulations,
1989 made under the Fisheries Act (Canada) and any other regulations
made under that Act that apply in Ontario and that are prescribed by
the regulations made under this Act; ("règlements de la pêche en
Ontario")
"open season" means, with respect to a species, the period during which
hunting, trapping or fishing for that species is permitted; ("saison de
chasse", "saison de pêche")
"pelt" means the untanned skin of a furbearing mammal, whether or not
the skin is on a carcass; ("peau")
"regulations" means the regulations made under this Act;
("règlements")
"resident" means a person whose primary residence is Ontario and who
has actually resided in Ontario for a period of at least six months
during the 12 months preceding the day that residence becomes material
under this Act, and includes a person who belongs to a class of persons
deemed to be residents by the regulations; ("résident")
"snare" means a device for the capturing of animals by a noose;
("collet")
"specially protected amphibian" means a member of a species set out in
Schedule 10 or prescribed by the regulations as a species of specially
protected amphibian; ("amphibien spécialement protégé")
"specially protected bird" means a specially protected raptor or a
member of a species set out in Schedule 8 or prescribed by the
regulations as a species of specially protected bird; ("oiseau
spécialement protégé")
"specially protected invertebrate" means a member of a species set out
in Schedule 11 or prescribed by the regulations as a species of
specially protected invertebrate; ("invertébré spécialement
protégé")
"specially protected mammal" means a member of a species set out in
Schedule 6 or prescribed by the regulations as a species of specially
protected mammal; ("mammifère spécialement protégé")
"specially protected raptor" means a member of a species set out in
Schedule 7 or prescribed by the regulations as a species of specially
protected raptor; ("rapace spécialement protégé")
"specially protected reptile" means a member of a species set out in
Schedule 9 or prescribed by the regulations as a species of specially
protected reptile; ("reptile spécialement protégé")
"specially protected wildlife" means a specially protected amphibian,
specially protected bird, specially protected invertebrate, specially
protected mammal or specially protected reptile; ("animal sauvage
spécialement protégé")
"transport" includes, with respect to a thing, taking the thing from
one place to another, causing the thing to be taken from one place to
another or possessing the thing for the purpose of taking it or causing
it to be taken from one place to another; ("transporter", "transport")
"trap" means a body-gripping trap, box trap, cage trap or net used to
capture an animal or invertebrate, and "trapping" "trapper" and the
verb "trap" have corresponding meanings; ("piège")
"vehicle" means any kind of vehicle that is driven, propelled or drawn
on land or ice by any kind of power, including muscular power, and
includes the rolling stock of a railway; ("véhicule")
"wildlife" means an animal that belongs to a species that is wild by
nature, and includes game wildlife and specially protected wildlife.
("animal sauvage")
Interpretation - animal, invertebrate or fish
(2) A reference in this Act to an animal, invertebrate or fish, or to any
word or expression that includes an animal, invertebrate or fish,
(a) includes a reference to the animal, invertebrate or fish, whether
alive or dead;
(b) includes a reference to the whole or any part of the animal,
invertebrate or fish;
(c) includes a reference to the animal, invertebrate or fish at any
stage of its development, unless it is inside the body of its
parent; and
(d) includes a reference to the animal, invertebrate or fish, whether
or not it originated in Ontario.
Interpretation - gametes
(3) A reference in Part IV, V or VIII to an animal, invertebrate or fish,
or to any word or expression that includes an animal, invertebrate or
fish, includes a reference to its gamete.
Interpretation - species
(4) A reference in this Act to a species includes a reference to any
subspecies of the species and to any other lower taxonomic
classification of the species.
Interpretation - hybrids
(5) For the purposes of this Act, the offspring that results from the
natural or artificial breeding of an animal or invertebrate, including
a farmed animal, shall be deemed to belong to the species or subspecies
of the parent that receives the most protection under this Act.
Interpretation - similar species
(6) Subject to subsection (5), for the purposes of this Act,
(a) an animal or invertebrate that is not easily distinguishable from
an animal or invertebrate to which this Act applies shall be
deemed, in the absence of evidence to the contrary, to belong to
the same species as the animal or invertebrate to which this Act
applies; and
(b) a part of an animal or invertebrate that is not easily
distinguishable from a part of an animal or invertebrate to which
this Act applies shall be deemed, in the absence of evidence to the
contrary, to be a part of the animal or invertebrate to which this
Act applies.
Interpretation - loaded firearm
(7) For the purposes of this Act, a firearm is loaded if,
(a) in the case of a firearm that uses shells or cartridges, there is
an unfired shell or cartridge in the chamber or in a magazine
attached to the firearm;
(b) in the case of a percussion muzzle-loading gun, there is a charge
of powder and a projectile in the barrel and a percussion cap on
the nipple;
(c) in the case of a muzzle-loading gun to which clause (b) does not
apply, there is a charge of powder and a projectile in the barrel
and the vent is unplugged;
(d) in the case of a gun to which clauses (a), (b) and (c) do not
apply, there is a projectile in the gun or in a magazine attached
to the gun;
(e) in the case of a crossbow, the bow is cocked and there is a bolt in
the crossbow; and
(f) in the case of a bow other than a crossbow, the bow is strung and
an arrow is nocked. 1997, c. 41, s. 1.
Endangered Species Act
2. If a provision of this Act and a provision of the Endangered Species Act
conflict with respect to an animal, invertebrate or fish, the provision
that gives the animal, invertebrate or fish the most protection prevails.
1997, c. 41, s. 2.
Farmed animals
3. (1) Except as specifically provided in this Act or the regulations, this
Act and the regulations do not apply to farmed animals or to products
made from farmed animals.
Definitions and interpretation provisions
(2) The definitions and interpretation provisions in section 1 apply to a
provision of this Act or the regulations that applies to farmed animals
or to products made from farmed animals. 1997, c. 41, s. 3.
Animals for research
4. This Act does not apply to animals that are being kept in captivity in a
research facility that is registered under the Animals for Research Act.
1997, c. 41, s. 4.
PART II
HUNTING, TRAPPING, FISHING AND RELATED ACTIVITIES
General Restrictions
No hunting or trapping of certain species
5. (1) A person shall not hunt or trap,
(a) a specially protected mammal;
(b) a specially protected amphibian;
(c) a specially protected reptile;
(d) a specially protected invertebrate; or
(e) a specially protected bird or any other bird that belongs to a
species that is wild by nature and is not a game bird.
Exceptions
(2) Clause (1) (e) does not apply to,
(a) an American crow, brown-headed cowbird, common grackle, house
sparrow, red-winged blackbird or starling;
(b) a bird that is declared to be a migratory game bird in the
Convention set out in the Schedule to the Migratory Birds
Convention Act, 1994 (Canada);
(c) a bird that has been transported into Ontario, or propagated from
stock that was transported into Ontario, and that is released with
the Minister's authorization under section 54, other than a
specially protected bird or a member of a species prescribed by the
regulations for the purpose of this clause; or
(d) any other bird, other than a specially protected bird, that is
hunted with the authorization of the Minister. 1997, c. 41, s. 5.
Requirement for hunting or trapping licence
6. (1) Except under the authority of a licence and in accordance with the
regulations, a person shall not hunt or trap,
(a) a black bear, white-tailed deer, moose, caribou or elk;
(b) a game mammal that is not referred to in clause (a);
(c) a game bird;
(d) a furbearing mammal;
(e) a game reptile;
(f) a game amphibian;
(g) a bird referred to in subsection 5 (2); or
(h) wildlife that is not referred to in clauses (a) to (g), the hunting
of which is not prohibited by section 5.
Trappers
(2) Despite subsection (1)'s requirement for a licence but subject to
section 9 and to any requirement for a licence under section 79, the
holder of a licence to trap furbearing mammals may, in accordance with
the licence and without any other licence, in the area described in the
licence and to the extent that the open season falls within the period
from September 1 in a year to June 30 of the following year,
(a) hunt or trap black bear and other game mammals, other than
white-tailed deer, moose, caribou or elk;
(b) hunt game birds, other than wild turkey;
(c) hunt birds referred to in subsection 5 (2); and
(d) hunt wildlife referred to in clause (1) (h).
Farmers
(3) Despite subsection (1)'s requirement for a licence, a farmer or a
member of a farmer's family who resides with the farmer may, during the
open season and without a licence, on the farmer's land,
(a) hunt or trap furbearing mammals;
(b) hunt or trap game mammals, other than black bear, white-tailed
deer, moose, caribou or elk;
(c) hunt game birds, other than wild turkey;
(d) hunt or trap game reptiles or game amphibians;
(e) hunt birds referred to in subsection 5 (2); and
(f) hunt wildlife referred to in clause (1) (h). 1997, c. 41, s. 6.
Nests and eggs
7. (1) A person shall not destroy, take or possess the nest or eggs of a bird
that belongs to a species that is wild by nature.
Exceptions
(2) Subsection (1) does not apply to the nest or eggs of an American crow,
brown-headed cowbird, common grackle, house sparrow, red-winged
blackbird or starling.
Authorization
(3) Subsection (1) does not apply if the person has the authorization of
the Minister.
Migratory birds
(4) This section does not apply to nests or eggs that are subject to the
Migratory Birds Convention Act, 1994 (Canada). 1997, c. 41, s. 7.
Dens: black bears
8. (1) A person shall not interfere with a black bear in its den or
intentionally damage or destroy a black bear's den.
Dens: furbearing mammals
(2) A person shall not intentionally damage or destroy the den or habitual
dwelling of a furbearing mammal, other than a fox or skunk, unless the
person holds a licence to trap furbearing mammals.
Beaver dams
(3) A person shall not damage or destroy a beaver dam unless the person
holds a licence to trap furbearing mammals.
Protection of property
(4) Subsection (3) does not apply to a person, or the agent of a person,
who damages or destroys a beaver dam to protect the person's property.
Minister's authorization
(5) The Minister may authorize a person to do anything that would otherwise
be prohibited by this section. 1997, c. 41, s. 8.
Provincial parks and Crown game preserves
9. (1) A person shall not hunt, trap or possess wildlife in a provincial park
or Crown game preserve.
Hunting equipment
(2) A person shall not possess in a provincial park or Crown game preserve
a firearm, trap, other hunting or trapping device, or explosive.
Exceptions
(3) Subsections (1) and (2) do not apply in the circumstances prescribed by
the regulations. 1997, c. 41, s. 9.
Trespassing
10. (1) A person shall not,
(a) enter premises in contravention of the Trespass to Property Act for
the purpose of hunting or fishing;
(b) enter premises in contravention of the Trespass to Property Act in
possession of a firearm, fishing rod or other hunting or fishing
device;
(c) engage in hunting or fishing in contravention of the Trespass to
Property Act;
(d) fail to leave premises in contravention of the Trespass to Property
Act, if the person was on the premises for the purpose of hunting
or fishing; or
(e) fail to leave premises in contravention of the Trespass to Property
Act, if the person was on the premises in possession of a firearm,
fishing rod or other hunting or fishing device.
Notice under Trespass to Property Act
(2) The Minister may authorize a person to give notice for the purposes of
the Trespass to Property Act with respect to hunting or fishing on
Crown land.
Interference with notice
(3) A person shall not interfere with any signs or markings that, under the
Trespass to Property Act, give notice that,
(a) hunting or fishing is prohibited; or
(b) entry is prohibited for the purpose of hunting or fishing.
Parties of more than 12
(4) A person shall not enter private land in a party of more than 12 people
without the express permission of the occupier if any of the members of
the party possesses a firearm or other hunting device.
Land with crops
(5) A person shall not, for the purpose of hunting or fishing, enter or
permit a dog to enter land on which any crop is growing or standing
without the express permission of the occupier.
Crown land used for retention or propagation
(6) A person shall not enter Crown land used for the purpose of retaining
wildlife or fish, propagating wildlife or culturing fish without the
express permission of the Crown.
Railway lands
(7) Despite the Trespass to Property Act, the occupier of railway land,
(a) shall not prohibit hunting or fishing on the railway land and shall
not prohibit entry to the railway land for those purposes; and
(b) shall not charge any fee for hunting or fishing on the railway land
or for entry to the railway land for those purposes.
Exception
(8) Subsection (7) does not apply in the circumstances prescribed by the
regulations.
Definitions
(9) In this section,
"occupier" has the same meaning as in the Trespass to Property Act;
("occupant")
"railway land" includes all land set apart under any Act as a land
subsidy or otherwise in aid of a railway or any works related to a
railway. ("terres à usage ferroviaire") 1997, c. 41, s. 10.
Hunting or trapping for gain
11. (1) Except with the authorization of the Minister, a person shall not,
(a) hunt for hire, gain or the expectation of gain;
(b) hire, employ or induce another person to hunt for gain;
(c) trap for hire, gain or the expectation of gain;
(d) hire, employ or induce another person to trap for gain; or
(e) pay or accept a bounty.
Guides and black bear hunting services
(2) Clause (1) (a) does not apply to a guide within the meaning of section
32 or to a provider of black bear hunting services within the meaning
of that section, and clause (1) (b) does not apply to a person who
employs or hires the guide or the provider of black bear hunting
services.
Trappers
(3) Clauses (1) (a) and (c) do not apply to a person who hunts or traps
furbearing mammals or black bear under the authority of a licence to
trap.
Same
(4) Clauses (1) (b) and (d) do not apply to a person who holds a licence to
trap and who hires, employs or induces another person who holds a
licence to trap to hunt or trap furbearing mammals or black bear on his
or her behalf.
Other exceptions
(5) Clauses (1) (a) to (d) do not apply in the circumstances prescribed by
the regulations. 1997, c. 41, s. 11.
Illegally killed wildlife
12. A person shall not possess wildlife that has been killed, injured or
captured contrary to this Act or the regulations. 1997, c. 41, s. 12.
Obstruction of hunting, trapping or fishing
13. (1) A person shall not interfere with lawful hunting, trapping or fishing
by,
(a) tampering with traps, nets, bait, firearms or any other thing used
for hunting, trapping or fishing;
(b) placing himself or herself in a position, for the purpose of
interfering, that hinders or prevents hunting, trapping or fishing;
or
(c) engaging in an activity, for the purpose of interfering, that
disturbs or is likely to disturb wildlife or fish.
Notice without authority
(2) A person shall not purport to give notice that entry to premises is
prohibited for the purpose of hunting or fishing or that hunting or
fishing is prohibited on premises unless the person has authority to
give the notice. 1997, c. 41, s. 13.
Safety and Methods
Unsafe areas
14. A person shall not hunt with a firearm in an area prescribed by the
regulations as unsafe for hunting. 1997, c. 41, s. 14.
Hunter clothing
15. A person who holds a licence to hunt or trap shall, while hunting, wear
coloured clothing in accordance with the regulations. 1997, c. 41, s. 15.
Careless use of firearm
16. (1) A person who is in possession of a firearm for the purpose of hunting
or trapping shall not discharge or handle the firearm, or cause it to
be discharged or handled, without due care and attention or without
reasonable consideration for people or property.
Report of injuries
(2) A person shall notify a conservation officer as soon as practicable if
an injury requiring treatment by a physician is caused by the discharge
of a firearm while the person is in possession of the firearm for the
purpose of hunting or trapping. 1997, c. 41, s. 16.
Loaded firearms in hunting areas
17. (1) A person who is in an area usually inhabited by wildlife or who is on
the way to or from an area usually inhabited by wildlife shall not,
(a) have a loaded firearm in or on a vehicle, or discharge a firearm
from a vehicle;
(b) have a loaded firearm in or on a motorboat, or discharge a firearm
from a motorboat, unless the person is hunting migratory birds in
accordance with the regulations under the Migratory Birds
Convention Act, 1994 (Canada);
(c) have a loaded firearm in or on an aircraft, or discharge a firearm
from an aircraft;
(d) in a part of Ontario prescribed by the regulations, have a loaded
firearm in, or discharge a firearm in or across, a right of way for
public vehicular traffic; or
(e) in a part of Ontario to which clause (d) does not apply, discharge
a firearm in or across the travelled portion of a right of way for
public vehicular traffic.
Unmaintained rights of way
(2) Clauses (1) (d) and (e) do not apply to an unmaintained right of way
unless the regulations provide otherwise.
Person with disability
(3) Despite clauses (1) (a) and (b), the Minister may authorize a person
with a disability to have a loaded firearm in a vehicle or motorboat,
and to discharge a firearm from a vehicle or motorboat that is not in
motion, if the person's mobility is impaired in the manner prescribed
by the regulations. 1997, c. 41, s. 17.
Set firearms
18. A person shall not use a firearm to hunt wildlife in a manner designed to
permit the firearm to discharge when it is not being physically held by the
person. 1997, c. 41, s. 18.
Shotguns
19. A person shall not hunt with a shotgun unless the shotgun has been
permanently plugged or altered so that it cannot hold a total of more than
three shells at one time in the chamber and magazine. 1997, c. 41, s. 19.
Night hunting
20. (1) A person shall not, during the period from half an hour after sunset to
half an hour before sunrise,
(a) hunt wildlife;
(b) have a firearm in the person's possession in an area usually
inhabited by wildlife, unless the firearm is unloaded and encased;
or
(c) shine a light for the purpose of hunting wildlife.
Exceptions
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 20.
No trapping of certain mammals
21. (1) A person shall not kill, capture or injure a black bear, white-tailed
deer, moose, caribou or elk by means of a trap, baited line or similar
device.
Trapping black bear
(2) Despite subsection (1), the holder of a licence to trap furbearing
mammals may trap black bear in accordance with subsection 6 (2) and the
regulations.
No trapping of game birds
(3) A person shall not kill, capture or injure a game bird by means of a
trap, baited line or similar device. 1997, c. 41, s. 21.
Body-gripping traps
22. (1) A person shall not trap wildlife or a domestic animal by means of a
body-gripping trap.
Exceptions
(2) Subsection (1) does not apply to a person who uses a body-gripping trap
in accordance with the regulations, if,
(a) the person holds a licence to trap furbearing mammals and uses the
body-gripping trap pursuant to that licence;
(b) the person is a farmer or a member of a farmer's family and uses
the body-gripping trap to trap furbearing mammals under subsection
6 (3);
(c) the person is a farmer and uses the body-gripping trap to trap
wildlife, other than a bird, under section 31;
(d) the person uses the body-gripping trap in a part of Ontario
prescribed by the regulations; or
(e) the body-gripping trap is prescribed by the regulations as a humane
trap. 1997, c. 41, s. 22.
Swimming bears, deer, etc.
23. A person shall not hunt a black bear, white-tailed deer, moose, caribou or
elk while it is swimming. 1997, c. 41, s. 23.
Vehicles
24. (1) A person shall not use a vehicle for the purpose of killing, injuring,
capturing, harassing, pursuing or chasing wildlife.
Boats
(2) A person shall not use a boat for the purpose of killing, injuring,
capturing, harassing, pursuing or chasing wildlife.
Aircraft
(3) A person shall not use an aircraft while hunting.
Exceptions
(4) Subsections (2) and (3) do not apply in the circumstances prescribed by
the regulations. 1997, c. 41, s. 24.
Hunting with dogs
25. (1) A person shall not use or be accompanied by a dog while hunting
white-tailed deer, moose, caribou, elk or black bear, except under the
authority of a licence issued in respect of that dog.
Prescribed areas
(2) Despite subsection (1), a person shall not use or be accompanied by a
dog while hunting white-tailed deer, moose, elk or black bear in an
area prescribed by the regulations.
Dog running at large
(3) The owner of a dog or any other person responsible for a dog shall not
permit it to run at large,
(a) during the open season for white-tailed deer, moose, elk or black
bear, in an area prescribed for the purpose of subsection (2); or
(b) during the closed season for white-tailed deer, moose, elk or black
bear, in an area usually inhabited by that species.
Power of conservation officer
(4) A conservation officer may kill a dog without incurring any liability
if,
(a) the dog is running at large in an area prescribed for the purpose
of subsection (2) during the open season for white-tailed deer,
moose, elk or black bear; or
(b) the dog is chasing white-tailed deer, moose, elk or black bear
during the closed season for that species in an area usually
inhabited by that species. 1997, c. 41, s. 25.
Dog training during closed season
26. A person shall not use a dog to chase game mammals or game birds during the
closed season for the purpose of teaching the dog hunting skills or testing
the dog's hunting skills unless the person has the authorization of the
Minister. 1997, c. 41, s. 26.
Birds of prey
27. (1) A person shall not hunt with a specially protected raptor or any other
bird of prey.
Exception
(2) Subsection (1) does not apply to a person who hunts in accordance with
the regulations with a specially protected raptor or other bird of prey
that belongs to a species prescribed by the regulations for the purpose
of this subsection. 1997, c. 41, s. 27.
Ferrets
28. A person shall not hunt with a ferret. 1997, c. 41, s. 28.
Poison
29. (1) A person shall not use poison to kill, injure or capture wildlife.
Exceptions
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 29.
Adhesives
30. (1) A person shall not use adhesives to kill, injure or capture wildlife.
Exceptions
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 30.
Protection of Property
Protection of property
31. (1) If a person believes on reasonable grounds that wildlife is damaging or
is about to damage the person's property, the person may, on the
person's land,
(a) harass the wildlife for the purpose of deterring it from damaging
the person's property; or
(b) capture or kill the wildlife.
Agents
(2) The person may use an agent to harass, capture or kill the wildlife
under subsection (1) if the agent has the authorization of the Minister
or belongs to a class of agents prescribed by the regulations.
Exceptions
(3) Subsection (1) does not apply to,
(a) a moose, caribou or elk;
(b) a white-tailed deer, unless the person harasses or kills the deer
in accordance with the authorization of the Minister; or
(c) other wildlife prescribed by the regulations, unless the person
harasses, captures or kills the wildlife in accordance with the
authorization of the Minister.
Scope of authority
(4) A person who harasses, captures or kills wildlife under this section
shall not harass, capture or kill more wildlife than is necessary to
protect the property.
Unnecessary suffering
(5) A person who harasses, captures or kills wildlife under this section
shall not cause it unnecessary suffering.
Certain provisions do not apply
(6) Sections 5 and 6, clauses 11 (1) (a) to (d), section 27 and such other
provisions of this Act and the regulations as are prescribed by the
regulations do not apply to a person who harasses, captures or kills
wildlife under this section.
Night hunting
(7) Section 20 does not apply to a person who, under this section,
harasses, captures or kills wildlife, other than white-tailed deer or
wildlife prescribed for the purpose of clause (3) (c).
Capture and release
(8) Subsection 40 (1) and section 46 do not apply to a person who captures
wildlife under this section and releases it in accordance with the
regulations or in accordance with an authorization of the Minister.
Trapping bears
(9) Section 21 does not apply to an agent acting under subsection (2) who
traps a black bear if the agent has the authorization of the Minister
to trap black bears.
Disposal
(10) A white-tailed deer or other wildlife prescribed by the regulations
that is captured or killed under this section shall be disposed of in
accordance with the directions of the Minister. 1997, c. 41, s. 31.
Hunting and Fishing Services
Guides and black bear hunting services
32. (1) In this section,
"black bear hunting services" has the meaning defined by the
regulations; ("services de chasse à l'ours noir")
"guide" means a person who carries out the customary duties of a
hunting or sport fishing guide for gain, but does not include a person
who is providing black bear hunting services. ("guide")
Licence required
(2) A person shall not, except under the authority of a licence and in
accordance with the regulations,
(a) act as a guide with respect to a species of wildlife prescribed by
the regulations; or
(b) provide black bear hunting services.
Exceptions
(3) Subsection (2) does not apply in the circumstances prescribed by the
regulations.
Employment of unlicensed person
(4) A person shall not hire or employ a person who requires a licence under
subsection (2) unless the person holds the licence.
Acting for unlicensed client
(5) A person who requires a licence under subsection (2) shall not provide
services to a person who is engaged in hunting or fishing but who does
not possess a licence required for that purpose under this Act or the
Ontario Fishery Regulations. 1997, c. 41, s. 32.
Game bird hunting preserves
33. (1) A person shall not own or operate a game bird hunting preserve except
under the authority of a licence and in accordance with the
regulations.
Exceptions
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 33.
Fishing preserves
34. (1) A person shall not own or operate a fishing preserve except under the
authority of a licence and in accordance with the regulations.
Exceptions
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 34.
Dog training and trials
35. (1) A person shall not own or operate an area in which wildlife is enclosed
for the purpose of teaching dogs hunting skills or testing dogs'
hunting skills.
Exception
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 35.
Miscellaneous
Abandonment of meat
36. (1) A hunter or trapper who kills a game mammal, game bird, game amphibian
or game reptile shall not abandon it if its flesh may become unsuitable
for human consumption.
Spoiled flesh
(2) A person who possesses a game mammal, game bird, game amphibian or game
reptile that was hunted or trapped shall not permit its flesh to become
unsuitable for human consumption.
Abandonment or spoilage of pelts
(3) A hunter or trapper who kills a furbearing mammal shall not abandon the
pelt or permit the pelt to be spoiled or destroyed.
Exceptions
(4) Subsection (3) does not apply in the circumstances prescribed by the
regulations.
Abandonment or spoilage of fish
(5) A person who takes a fish whose flesh is suitable for human consumption
shall not,
(a) abandon the fish if its flesh may become unsuitable for human
consumption; or
(b) permit the flesh to become unsuitable for human consumption.
Exceptions
(6) Subsection (5) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 36.
Possession of certain nets
37. (1) Except under the authority of a licence, a person shall not possess a
gill net, hoop net, pound net, seine net, trap net, trawl net, trammel
net, roll net or hook line.
Sale of certain nets
(2) A person shall not sell a gill net, hoop net, pound net, seine net,
trap net, trawl net, trammel net, roll net or hook line, except to a
person who is authorized to possess it.
Exception
(3) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 37.
Ownership of bed of body of water
38. The ownership of the bed of a river, lake or navigable body of water does
not give the owner the exclusive right to fish in the water that flows over
the bed unless that right is granted by the Crown. 1997, c. 41, s. 38.
Education and science
39. The Minister may authorize a person to capture, kill or possess wildlife
for educational or scientific purposes. 1997, c. 41, s. 39.
PART III
LIVE WILDLIFE AND FISH
Wildlife in captivity
40. (1) A person shall not keep live game wildlife or live specially protected
wildlife in captivity except under the authority of a licence and in
accordance with the regulations.
Exceptions
(2) Subsection (1) does not apply to,
(a) a person who keeps game amphibians or game reptiles in captivity
for the purpose of personal consumption;
(b) a person who keeps in captivity for the purpose of personal
education a single game reptile, game amphibian, specially
protected mammal, specially protected reptile, specially protected
amphibian or specially protected invertebrate; or
(c) a person who keeps game wildlife or specially protected wildlife in
captivity for any educational or scientific purpose, or for any
other purpose, if the person has the authorization of the Minister.
Other exceptions
(3) Subsection (1) does not apply in the circumstances prescribed by the
regulations.
Hunting wildlife to keep in captivity
(4) A person shall not hunt or trap game wildlife or specially protected
wildlife for the purpose of keeping it in captivity unless the person
has the authorization of the Minister. 1997, c. 41, s. 40.
Hunting animals in captivity
41. (1) A person shall not hunt or permit the hunting of,
(a) a farmed animal; or
(b) game wildlife, specially protected wildlife or any other wildlife
prescribed by the regulations, if the wildlife is in captivity at
the time it is hunted.
Exceptions
(2) Subsection (1) does not apply to the hunting of game birds in a game
bird hunting preserve or in an area prescribed by the regulations.
Other exceptions
(3) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 41.
Marking birds of prey
42. A person who keeps a specially protected raptor in captivity, or who keeps
another bird of prey prescribed by the regulations in captivity, shall mark
it in the manner prescribed by the regulations and shall keep the records
prescribed by the regulations. 1997, c. 41, s. 42.
Wildlife in transit
43. Except as prescribed by the regulations, subsection 40 (1) and section 42
do not apply to wildlife that originated outside Ontario and is in Ontario
temporarily in transit or in quarantine. 1997, c. 41, s. 43.
Definition - "wildlife custodian"
44. (1) In this section,
"wildlife custodian" means a person who has an authorization under
subsection (2).
Rehabilitation or care
(2) The Minister may authorize a person to keep injured, sick or immature
game wildlife or specially protected wildlife in captivity for the
purpose of rehabilitating or caring for them.
No remuneration
(3) A wildlife custodian is not entitled to any remuneration from the
Minister.
Wildlife not capable of release
(4) The Minister may authorize a wildlife custodian to kill injured, sick
or immature game wildlife or specially protected wildlife that, in the
custodian's opinion, will not be capable of being released into the
wild after appropriate care.
Surrender to Minister
(5) On the request of the Minister, a wildlife custodian shall surrender to
the Minister any game wildlife or specially protected wildlife in the
custodian's possession, whether it is alive or dead, or shall dispose
of it in such manner as the Minister may direct.
Liability of Crown
(6) The Crown in right of Ontario is not liable for any act or omission of
a wildlife custodian and no action or other proceeding for damages may
be instituted against the Crown in right of Ontario for any loss
arising from the act or omission of a wildlife custodian. 1997, c. 41,
s. 44.
Propagation of wildlife
45. (1) A person shall not propagate or offer to propagate game wildlife or
specially protected wildlife, or possess it for the purpose of
propagation, except under the authority of a licence and in accordance
with the regulations.
Exceptions
(2) Subsection (1) does not apply to a person who is keeping the wildlife
in captivity under clause 40 (2) (c), if the person has the
authorization of the Minister. 1997, c. 41, s. 45.
Release of wildlife
46. (1) Except with the authorization of the Minister, a person shall not
release,
(a) a farmed animal; or
(b) game wildlife or specially protected wildlife that is kept in
captivity.
Escape
(2) A person who keeps a farmed animal or who keeps game wildlife or
specially protected wildlife in captivity shall ensure that it does not
escape.
Obligations on escape or release
(3) If, despite subsection (1) or (2), a farmed animal or game wildlife or
specially protected wildlife escapes or is released without
authorization, the person who kept it in captivity,
(a) shall immediately notify the Minister; and
(b) unless otherwise directed by the Minister, shall return the farmed
animal or wildlife to captivity or kill it as soon as practicable.
Exceptions
(4) Subsection (3) does not apply to game wildlife or specially protected
wildlife that was kept in captivity for the purpose of rehabilitation
or care under section 44 or that was kept in captivity for the purpose
of personal education under clause 40 (2) (b).
Certain provisions do not apply
(5) Sections 5 and 6, clauses 11 (1) (a) to (d), sections 20 and 27 and
such other provisions of this Act and the regulations as are prescribed
by the regulations do not apply to a person who captures or kills a
farmed animal or wildlife under subsection (3).
Minister's powers
(6) If the Minister is of the opinion that a person has not complied with
clause (3) (b), the Minister may capture or kill the farmed animal or
wildlife without incurring any liability.
Minister's expenses
(7) The person who kept the farmed animal or wildlife in captivity is
liable to the Minister for all expenses incurred by the Minister under
subsection (6) unless the escape or release was caused by a natural
disaster or act of vandalism that was beyond the control of the person.
1997, c. 41, s. 46.
Aquaculture
47. (1) A person shall not engage in aquaculture unless the fish that are
cultured,
(a) belong to a species prescribed by the regulations; and
(b) are cultured under the authority of a licence and in accordance
with the regulations.
Exception
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 47.
PART IV
SALE, PURCHASE AND TRANSPORT
Buying or selling wildlife
48. (1) A person shall not buy or sell game wildlife or specially protected
wildlife, including pelts, except under the authority of a licence and
in accordance with the regulations.
Farmed animal pelts
(2) Subject to subsection (5), subsection (1) applies to the pelts of
farmed animals that are furbearing mammals.
Trappers
(3) Despite subsection (1)'s requirement for a licence, the holder of a
licence to trap furbearing mammals may, without any other licence, sell
all or part of the carcass of a furbearing mammal trapped by or on
behalf of the holder of the licence, including the pelt.
Authorization for furbearing mammals
(4) Despite subsection (1), a person may buy or sell a live furbearing
mammal in accordance with the regulations if the person has the
authorization of the Minister.
Other exceptions
(5) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 48.
Sale of animals represented as wildlife
49. A person shall not sell any animal or invertebrate that the person
represents as a species of game wildlife or specially protected wildlife
unless the person is authorized to sell that species of wildlife. 1997,
c. 41, s. 49.
Black bear gall bladders
50. A person shall not possess a black bear gall bladder that has been removed
from the bear's carcass. 1997, c. 41, s. 50.
Buying or selling fish
51. (1) A person shall not buy or sell fish that belong to a species that
exists in Ontario waters or fish prescribed by the regulations, except
under the authority of a licence and in accordance with the
regulations.
Interpretation
(2) For the purposes of subsection (1), fish cultured in Ontario shall be
deemed to belong to a species that exists in Ontario waters.
Exception
(3) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 51.
Serving wildlife or fish
52. (1) A person shall not list game wildlife, specially protected wildlife or
fish on a menu, or charge for serving it, unless the person has the
authorization of the Minister.
Exceptions
(2) Subsection (1) does not apply to,
(a) game wildlife that was propagated under the authority of a licence
or was lawfully purchased by the person; or
(b) fish that was cultured under the authority of a licence or was
lawfully purchased by the person. 1997, c. 41, s. 52.
Transport into Ontario
53. A person shall not transport into Ontario game wildlife or specially
protected wildlife for which a licence or permit is required by the
regulations without first obtaining the licence or permit. 1997, c. 41,
s. 53.
Release of imports
54. (1) Except with the authorization of the Minister, a person shall not
release wildlife or an invertebrate that has been transported into
Ontario or has been propagated from stock that was transported into
Ontario.
Escape of imports
(2) A person who possesses wildlife or an invertebrate referred to in
subsection (1) shall ensure that it does not escape.
Same
(3) If, despite subsection (1) or (2), wildlife or an invertebrate referred
to in subsection (1) escapes or is released without authorization, the
person who possessed it,
(a) shall immediately notify the Minister; and
(b) unless otherwise directed by the Minister, shall capture or kill
the wildlife or invertebrate as soon as practicable.
Certain provisions do not apply
(4) Sections 5 and 6, clauses 11 (1) (a) to (d), sections 20 and 27 and
such other provisions of this Act and the regulations as are prescribed
by the regulations do not apply to a person who captures or kills
wildlife or an invertebrate under subsection (3).
Minister's powers
(5) If the Minister is of the opinion that a person has not complied with
clause (3) (b), the Minister may capture or kill the wildlife or
invertebrate without incurring any liability.
Minister's expenses
(6) The person who possessed the wildlife or invertebrate is liable to the
Minister for all expenses incurred by the Minister under subsection (5)
unless the escape or release was caused by a natural disaster or act of
vandalism that was beyond the control of the person. 1997, c. 41,
s. 54.
Transport out of Ontario
55. (1) A person shall not transport out of Ontario game wildlife or specially
protected wildlife for which a licence or permit is required by the
regulations without first obtaining the licence or permit.
Farmed animal pelts
(2) Subsection (1) applies to the pelts of farmed animals that are
furbearing mammals.
Transport for sale or propagation
(3) A person shall not transport game wildlife or specially protected
wildlife out of Ontario for the purpose of sale or propagation unless
the person is entitled under this Act to sell or propagate the wildlife
in Ontario. 1997, c. 41, s. 55.
Transport of wildlife or fish illegally killed
56. A person shall not transport wildlife or fish that was killed, captured,
taken or possessed contrary to this Act, the regulations, or the Fisheries
Act (Canada) or the regulations under that Act. 1997, c. 41, s. 56.
Transport of containers
57. (1) A person shall not transport a container that contains game wildlife,
specially protected wildlife or fish unless the container is plainly
marked on the outside with a description of the contents, the name and
address of the person who is sending the container and the name and
address of the person to whom the container is being sent.
Farmed animal pelts
(2) Subject to subsection (3), subsection (1) applies to the pelts of
farmed animals that are furbearing mammals.
Exception
(3) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 57.
PART V
LAWS OF OTHER JURISDICTIONS
Laws of other jurisdictions
58. (1) A person shall not possess wildlife, invertebrates or fish that,
(a) were killed, captured, taken, possessed, transported, bought or
sold contrary to the laws of another jurisdiction; or
(b) were removed from another jurisdiction, contrary to the laws of
that jurisdiction.
Sale prohibited in other jurisdiction
(2) A person shall not sell or offer to sell wildlife or an invertebrate
that has been transported into Ontario if the sale would not be
permitted in the jurisdiction from which the wildlife or invertebrate
was originally exported. 1997, c. 41, s. 58.
Removing seals from pelts
59. If a pelt is transported into Ontario from a jurisdiction that requires the
pelt to be sealed or marked, a person shall not remove the seal or mark or
possess the pelt without the seal or mark. 1997, c. 41, s. 59.
PART VI
LICENCES AND OTHER AUTHORITY
Issuance of licences
60. The Minister may issue licences for the purposes of,
(a) this Act; and
(b) the Ontario Fishery Regulations. 1997, c. 41, s. 60.
Issuers
61. (1) The Minister may authorize a person to issue licences on the Minister's
behalf.
Manual
(2) A person who is authorized to issue licences on the Minister's behalf
shall comply with any applicable manual of instructions issued by the
Minister, as it may be amended from time to time.
Fees held in trust
(3) Fees owing to the Crown in right of Ontario that are collected by a
person who is authorized to issue licences on the Minister's behalf
shall be deemed to be held in trust for the Crown. 1997, c. 41, s. 61.
Conditions on licence - regulations
62. (1) A licence is subject to the conditions prescribed by the regulations.
Conditions on licence - Minister
(2) The Minister may impose written conditions on a licence that do not
conflict with the regulations.
Conditions on authorization
(3) The Minister may impose written conditions on an authorization that he
or she gives under this Act.
Examples
(4) For example, the conditions imposed on a licence or authorization may,
(a) limit the species to which the licence or authorization applies;
(b) limit the area to which the licence or authorization applies;
(c) limit the time during which the licence or authorization applies;
(d) limit the circumstances in which the licence or authorization
applies; and
(e) if the licence or authorization authorizes the hunting or trapping
of wildlife, limit the number, sex, size, age or type of wildlife
that may be killed, captured or possessed or limit the methods that
may be used to hunt or trap the wildlife.
Compliance with conditions
(5) The holder of a licence or authorization shall comply with any
conditions to which the licence or authorization is subject.
Authorizations
(6) If a provision of this Act permits something to be done with the
authorization of the Minister, the Minister may, in the authorization,
permit for the purpose of the authorization any act or omission that
would otherwise contravene this Act or the regulations. 1997, c. 41,
s. 62.
Only one licence for certain species
63. (1) A person shall not hold more than,
(a) one licence to hunt black bear;
(b) one licence to hunt white-tailed deer;
(c) one licence to hunt moose;
(d) one licence to hunt caribou; or
(e) one licence to hunt elk.
Licence to trap furbearing mammals
(2) Despite clause (1) (a), a person who is authorized to hunt or trap
black bear under subsection 6 (2) may also hold a licence to hunt black
bear.
Exception
(3) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 63.
Age limit
64. (1) A licence shall not be issued to a person who is under 16 years of age.
Exception
(2) Subsection (1) does not apply in the circumstances prescribed by the
regulations. 1997, c. 41, s. 64.
Authorizations in writing
65. Every authorization given under this Act shall be in writing. 1997, c. 41,
s. 65.
Licence or authorization to be carried
66. A person who is hunting, trapping or fishing shall carry on his or her
person any licence or authorization issued under this Act. 1997, c. 41,
s. 66.
Production
67. On the request of a conservation officer, the holder of a licence or
authorization shall produce and show it to the officer. 1997, c. 41, s. 67.
Transfer of licences
68. (1) A person shall not,
(a) transfer a licence or any component of a licence; or
(b) buy or sell a licence or any component of a licence.
Use of someone else's licence
(2) A person shall not use a licence, or any component of a licence, that
was issued to someone else.
Exception
(3) Subsections (1) and (2) do not apply to a transfer, purchase, sale or
use that is authorized by the regulations or by a manual of
instructions issued by the Minister to persons who issue licences on
the Minister's behalf.
Same
(4) A person shall not do anything to enable someone else to use a licence,
or any component of a licence, that was issued to the person. 1997,
c. 41, s. 68.
Incomplete licences
69. A person shall not possess a licence that does not identify the holder of
the licence, that is dated earlier than its date of issuance or that is
incomplete in any material respect. 1997, c. 41, s. 69.
Void licences and authorizations
70. (1) A licence or authorization is void if,
(a) the licence or authorization is obtained through a false or
misleading representation;
(b) the issuance of the licence or the giving of the authorization is
contrary to this Act or the regulations; or
(c) the licence or authorization is issued or given in reliance on a
licence or authorization that is void under clause (a) or (b).
Alteration without authority
(2) A licence or authorization becomes void if it is altered without the
authorization of the Minister.
Use of void licence, etc.
(3) A person shall not possess, use, display or cause or permit to be
displayed a void licence or authorization.
Surrender of void licence, etc.
(4) On the request of a conservation officer, a person shall surrender a
licence or authorization that is void or that the officer believes on
reasonable grounds is void. 1997, c. 41, s. 70.
Refusal of licences: general
71. The Minister may refuse to issue a licence for any reason consistent with
the purposes of this Act, including the conservation or management of
wildlife or fish. 1997, c. 41, s. 71.
Refusal of licences: conservation or management
72. (1) If the Minister refuses to issue a licence on the grounds that the
refusal is reasonably necessary for the conservation or management of
wildlife or fish, the Minister shall serve a notice of the refusal on
the applicant.
Application
(2) The requirement to serve a notice under subsection (1) does not apply
to a sport fishing licence, a licence to hunt, a licence to use or be
accompanied by a dog while hunting, a licence or permit to transport
wildlife or fish or a licence prescribed by the regulations. 1997,
c. 41, s. 72.
Refusal of commercial fishing licences
73. If the Minister refuses to issue a commercial fishing licence on the
grounds that the applicant is in default of the payment of royalties, the
Minister shall serve a notice of the refusal on the applicant. 1997, c. 41,
s. 73.
Conditions on commercial fishing
74. (1) If a commercial fishing licence is issued subject to conditions, the
applicant may, not later than 10 days after the licence is issued, give
the Minister written notice of disagreement with the conditions.
Continuation of fishing
(2) An applicant who gives a notice of disagreement may fish under the
licence, subject to its conditions, without prejudice to a hearing
under section 77 or to the decision of the Minister under that section.
Notice from Minister
(3) If the Minister receives a notice of disagreement, he or she shall
serve a notice of receipt on the licensee. 1997, c. 41, s. 74.
Cancellation of licences
75. (1) The Minister may cancel a licence if he or she is of the opinion that
cancellation of the licence is reasonably necessary for the
conservation or management of wildlife or fish.
Application
(2) Subsection (1) does not apply to a sport fishing licence, a licence to
hunt, a licence to use or be accompanied by a dog while hunting, a
licence or permit to transport wildlife or fish or a licence prescribed
by the regulations.
Notice
(3) If the Minister proposes to cancel a licence under subsection (1), he
or she shall serve a notice proposing to cancel the licence, with
reasons, on the licensee. 1997, c. 41, s. 75.
Service of notice
76. (1) A notice served by the Minister under section 72, 73, 74 or 75 shall be
served personally or by registered mail addressed to the person to be
served at the person's last known address.
Registered mail
(2) Notice served by registered mail shall be deemed to have been served on
the fifth day after the day of mailing, unless the person served
establishes that the person did not, acting in good faith, through
absence, accident, illness or other cause beyond the person's control,
receive the notice until a later date. 1997, c. 41, s. 76.
Hearing
77. (1) A notice under section 72, 73, 74 or 75 shall inform the person to whom
the notice is given that the person may require a hearing by mailing or
delivering a written request for a hearing to the Minister within 15
days after service of the notice.
Appointment of hearing officer
(2) If the Minister receives a request for a hearing in accordance with
subsection (1), the Minister shall appoint a hearing officer to hold
the hearing.
Parties
(3) The person who required the hearing and such other persons as the
hearing officer may specify are parties to the hearing.
Minister entitled to be heard
(4) The Minister is entitled to be heard at the hearing.
Procedure
(5) Sections 5.1, 5.2, 6 to 15.1, 16, 21, 21.1, 22 and 23 of the Statutory
Powers Procedure Act apply with necessary modifications to the hearing.
Report
(6) After the hearing, the hearing officer shall issue a report to the
Minister, that contains,
(a) a summary of the evidence presented at the hearing;
(b) the hearing officer's opinion, having regard to what is reasonably
necessary for the conservation and management of wildlife or fish,
on the merits of refusing or cancelling the licence or on the
merits of the conditions imposed on the licence, as the case may
be; and
(c) the reasons for the hearing officer's opinion.
Minister's decision
(7) After considering the hearing officer's report, the Minister may, as
the case may be,
(a) confirm the refusal to issue the licence or decide to issue the
licence;
(b) confirm the conditions imposed on the licence or decide to remove
or amend the conditions; or
(c) carry out or refrain from carrying out the proposal to cancel the
licence. 1997, c. 41, s. 77.
Cancellation for error
78. (1) The Minister may cancel a licence if an error was made in issuing it.
No compensation
(2) The licensee has no right to compensation with respect to the
cancellation of a licence under this section. 1997, c. 41, s. 78.
Municipal licences
79. (1) A municipality may, with the authorization of the Minister, pass
by-laws for issuing licences to hunt ring-necked pheasants,
cottontails, varying hares and European hares in the municipality
during the open season, for fixing the minimum and maximum number of
licences that may be issued under a by-law and for charging such
licence fees as the Minister may authorize.
Minimum number of licences
(2) The Minister may require that the minimum number of licences fixed by a
by-law be not less than a number fixed by the Minister.
Prohibition
(3) Subject to subsection (5), if a by-law is passed under subsection (1),
a person shall not hunt ring-necked pheasants, cottontails, varying
hares or European hares in the municipality during the open season
without a licence issued by the municipality.
Requirement for Minister's licence
(4) Subsection (3) applies in addition to section 6.
Limited authorization
(5) The Minister may exempt from an authorization under subsection (1) any
Crown land or any land in respect of which an agreement has been
entered into under subsection 81 (3).
Repeal of by-law
(6) The Minister may authorize a municipality to repeal a by-law passed
under subsection (1) and the repealing by-law may provide for the
refund, in whole or in part, of licence fees paid under the repealed
by-law. 1997, c. 41, s. 79.
PART VII
ADMINISTRATION
Administration of Act
80. The Minister is responsible for the administration of this Act. 1997,
c. 41, s. 80.
Acquisition of land
81. (1) Land may be acquired under the Ministry of Government Services Act for
the purpose of the conservation or management of wildlife or fish
populations or the ecosystems of which those populations are a part.
Gifts
(2) The Minister may, on behalf of the Crown in right of Ontario, accept
gifts for the purpose mentioned in subsection (1).
Agreements
(3) The Minister or the Chair of the Management Board of Cabinet may enter
into agreements for the purpose mentioned in subsection (1).
Registration
(4) An agreement under subsection (3) that relates to land may be
registered in the proper land registry office and, during the term of
the agreement, is binding on any person who acquires an interest in the
land after the registration. 1997, c. 41, s. 81.
Form of documents
82. (1) Subject to the regulations, the Minister may establish the form or
format of any licence, authorization or other document issued under
this Act, including the components of the licence, authorization or
other document.
Submission of documents
(2) Subject to the regulations, the Minister may establish the form or
format of any document submitted under this Act, and a person who
submits the document shall do so in the form or format established by
the Minister.
False statements
(3) A person shall not make a false statement in an application for a
licence or authorization or in any document required to be submitted
to the Minister under this Act. 1997, c. 41, s. 82.
Fees and royalties
83. (1) The Minister may,
(a) establish and charge fees for any licence, document, examination or
other thing required under this Act;
(b) establish and charge fees for,
(i) the use of Crown land or land acquired under section 81 for the
purpose of hunting, fishing, the propagation of wildlife or
invertebrates, aquaculture, or the retention of wildlife,
invertebrates or fish, or
(ii) the use of facilities, equipment, services or other things
provided by the Ministry relating to wildlife, invertebrates or
fish; and
(c) charge royalties established in accordance with the regulations.
Refund
(2) The Minister may direct the refund of all or part of a fee or royalty
if, in the Minister's opinion, it is equitable to do so.
Payment required
(3) A person shall pay any fees or royalties charged by the Minister under
this Act. 1997, c. 41, s. 83.
Sale of products and services
84. The Minister may sell products and services relating to wildlife,
invertebrates or fish. 1997, c. 41, s. 84.
Special purpose account
85. (1) All amounts received by the Crown under this Act shall be held in a
separate account in the Consolidated Revenue Fund, including all fines,
fees and royalties paid under this Act and all proceeds from sales
under this Act, including sales of things forfeited to the Crown under
this Act.
Money in account
(2) Money standing to the credit of the separate account is, for the
purpose of the Financial Administration Act, money paid to Ontario for
a special purpose.
Payments out of account
(3) The Minister may direct that money be paid out of the separate account
to the Minister or a person specified by the Minister if,
(a) the payment will be used for the conservation or management of
wildlife or fish populations or the ecosystems of which those
populations are a part;
(b) the payment will be used for a matter related to the activities of
people as they interact with or affect wildlife or fish
populations, including any matter related to safety; or
(c) the payment will be used to refund all or part of a fee or royalty
under subsection 83 (2).
Annual report
(4) The Minister shall ensure that a report is prepared annually on the
financial affairs of the separate account, including a summary of
advice received from any advisory committee established by the Minister
relating to the operation of the separate account.
Tabling of report
(5) The Minister shall submit the report to the Lieutenant Governor in
Council and shall table the report in the Legislative Assembly. 1997,
c. 41, s. 85.
PART VIII
ENFORCEMENT
Interpretation - farmed animals
86. A reference in this Part to wildlife includes a reference to farmed
animals. 1997, c. 41, s. 86.
Conservation officers
87. (1) The Minister may appoint a person or class of persons as conservation
officers for the purposes of this Act.
Same
(2) The following persons are conservation officers for the purposes of
this Act by virtue of their office:
1. A police officer or First Nations Constable appointed under the
Police Services Act.
2. A member of the Royal Canadian Mounted Police.
3. A game officer designated under the Migratory Birds Convention Act,
1994 (Canada).
4. A park warden designated under the National Parks Act (Canada), if
he or she is acting under the direction of a conservation officer
appointed under subsection (1).
5. A person whose primary employment responsibility is the enforcement
of fish and wildlife laws in Manitoba, Quebec, Michigan, Minnesota,
New York, Ohio, Pennsylvania or Wisconsin, if he or she is acting
under the direction of a conservation officer appointed under
subsection (1).
Production of identification
(3) A conservation officer who is acting under this Part shall, on request,
produce identification. 1997, c. 41, s. 87.
Inspection of firearms or ammunition
88. For the purpose of this Act or the regulations, a conservation officer may
inspect a firearm or ammunition in an area usually inhabited by wildlife,
on a road leading to or from an area usually inhabited by wildlife or on
the waters adjacent to an area usually inhabited by wildlife. 1997, c. 41,
s. 88.
Inspection of vehicles, boats, aircraft
89. (1) For the purpose of this Act or the regulations, a conservation officer
may stop a vehicle, boat or aircraft.
Operator to stop
(2) On the conservation officer's signal to stop, the operator of the
vehicle, boat or aircraft shall immediately stop and produce for
inspection any wildlife, invertebrate, fish, document or other thing
requested by the officer for the purpose of this Act.
Stop signals
(3) For the purpose of subsection (2), signals to stop include,
(a) intermittent flashes of red light, in the case of a vehicle;
(b) intermittent flashes of blue light, in the case of a boat; and
(c) a hand signal to stop, in the case of a vehicle or boat. 1997,
c. 41, s. 89.
Inspection of places
90. (1) For the purpose of this Act or the regulations, a conservation officer
may enter and inspect a building or other place, including,
(a) a building or other place where licences are issued;
(b) a building or other place that relates to wildlife, invertebrates
or fish; or
(c) a building or other place that relates to hunting, trapping or
fishing or to the transport, buying or selling of wildlife,
invertebrates or fish.
Farmed animals
(2) Subsection (1) does not permit the entry or inspection of a building or
other place for a purpose related to farmed animals.
Dwellings
(3) Subject to subsection (4), subsection (1) does not apply to a building
or part of a building that is being used as a dwelling.
Warrant for dwelling
(4) A justice of the peace may issue a warrant authorizing a conservation
officer to enter a dwelling if the justice is satisfied, by information
given under oath or affirmation in an application without notice,
(a) that the conditions required for entry under subsection (1) exist
in relation to the dwelling; and
(b) that entry to the dwelling has been refused or there are reasonable
grounds to believe that entry will be refused.
Conditions in warrant
(5) A warrant is subject to any conditions specified in the warrant.
Time of entry
(6) An entry under this section shall be made at a time that is reasonable
in view of the activity that is conducted in the building or other
place.
Powers during inspection
(7) During the inspection, the conservation officer may,
(a) inspect wildlife, invertebrates or fish;
(b) inspect a document that is required to be kept by this Act or the
regulations or that relates to wildlife, invertebrates or fish;
(c) use or cause to be used any computer system, for the purpose of
examining information contained in or available to the computer
system, and produce or cause to be produced a printout or other
output from the computer system;
(d) inspect any other thing that is in the building or other place;
(e) ask questions that may be relevant to the inspection; and
(f) conduct any tests that may be relevant to the inspection.
Provision of information
(8) A person shall, during the inspection, provide information requested by
the conservation officer that is relevant to the inspection.
Copies
(9) The conservation officer may make copies of any documents inspected or
produced during the inspection.
Removal
(10) The conservation officer may remove any documents or things for the
purpose of making copies or of further inspection, but the copying or
further inspection shall be carried out with reasonable dispatch and
the documents or things shall be returned promptly to the person from
whom they were taken. 1997, c. 41, s. 90.
Searches with warrant
91. (1) A conservation officer may obtain a search warrant under Part VIII of
the Provincial Offences Act.
Searches without warrant
(2) If a conservation officer believes on reasonable grounds that there is
in a building or other place any thing that will afford evidence of an
offence under this Act but that the time required to obtain a search
warrant would lead to the loss, removal or destruction of the evidence,
the conservation officer may, without a search warrant, enter and
search the building or other place.
Dwellings
(3) Subsection (2) does not apply to a building or part of a building that
is being used as a dwelling.
Computers
(4) A conservation officer who is conducting a search may use or cause to
be used any computer system for the purpose of examining information
contained in or available to the computer system, and may produce or
cause to be produced a printout or other output from the computer
system.
Necessary force
(5) A conservation officer may use as much force as is necessary to execute
a search warrant or to exercise any authority given by this section.
1997, c. 41, s. 91.
Seizures
92. (1) A conservation officer who is lawfully in a building or other place
may, without a warrant, seize any thing that he or she believes on
reasonable grounds,
(a) has been obtained by the commission of an offence under this Act;
(b) has been used in the commission of an offence under this Act;
(c) will afford evidence of the commission of an offence under this
Act; or
(d) is intermixed with a thing referred to in clause (a), (b) or (c).
Presence pursuant to warrant
(2) If the conservation officer is in the building or other place pursuant
to a warrant, subsection (1) applies to any thing, whether or not it is
specified in the warrant.
Safekeeping
(3) A conservation officer shall deliver any thing that he or she seizes to
a person authorized by the Minister for safekeeping, unless the thing
is required to be carried before a justice by a search warrant issued
under Part VIII of the Provincial Offences Act.
Return of seized things
(4) Any thing seized and not forfeited under this section shall be returned
to the person from whom it was seized if,
(a) a charge is not laid at the conclusion of the investigation; or
(b) a charge is laid but, when the prosecution is finally disposed of,
the defendant is acquitted or the charge is dismissed or withdrawn.
Payment of fine
(5) If a person is convicted of an offence and a fine is imposed,
(a) a thing seized in connection with the offence and not forfeited to
the Crown in right of Ontario under this section shall not be
returned until the fine has been paid; and
(b) if payment of the fine is in default within the meaning of section
69 of the Provincial Offences Act, a justice may order that the
thing be forfeited to the Crown in right of Ontario.
Forfeiture if identity unknown
(6) If the identity of the person from whom a thing was seized has not been
ascertained within 30 days after the seizure, the thing is forfeited to
the Crown in right of Ontario.
Forfeiture of dead wildlife, etc.
(7) Despite any order under Part VIII of the Provincial Offences Act, any
dead wildlife, invertebrate or fish that is seized is forfeited to the
Crown in right of Ontario if, in the opinion of the person who has
custody of it, it is likely to spoil.
Forfeiture of live wildlife, etc.
(8) Despite any order under Part VIII of the Provincial Offences Act, any
live wildlife, invertebrate or fish that is seized is forfeited to the
Crown in right of Ontario if, in the opinion of the person who has
custody of it, it cannot properly be maintained in custody.
Forfeiture on conviction
(9) If a person is convicted of an offence under this Act,
(a) any wildlife, invertebrate or fish seized in connection with the
offence, and any cage, shelter or enclosure seized in connection
with the wildlife, invertebrate or fish, are forfeited to the Crown
in right of Ontario; and
(b) the justice may order that any other thing seized in connection
with the offence be forfeited to the Crown in right of Ontario.
Application of subs. (9)
(10) Subsection (9) applies in addition to any other penalty.
Forfeiture if possession is an offence
(11) On motion in a proceeding under the Provincial Offences Act, or on
application in accordance with the rules of court applicable to
applications under that Act, a justice shall determine whether
possession of a thing seized is an offence under this Act and, if it
is, the justice shall order that the thing be forfeited to the Crown
in right of Ontario.
Application of subs. (11)
(12) Subsection (11) applies whether or not a charge is laid in respect of
the thing seized and, if a charge is laid, subsection (11) applies
even if the defendant is acquitted or the charge is dismissed or
withdrawn.
Disposition of forfeited thing
(13) A thing forfeited to the Crown in right of Ontario shall be disposed of
in accordance with the directions of the Minister.
Application by person with interest
(14) If a thing is forfeited to the Crown in right of Ontario following a
conviction under this Act, a person who claims an interest in the thing
and who is not the person from whom the thing was seized or the person
who was convicted may apply to a justice, not later than 30 days after
the thing is forfeited, on notice to the Minister and to the person
from whom the thing was seized, for an order directing that the thing
be released to the person claiming the interest.
Conditions
(15) An order made under subsection (14) is subject to such conditions as
may be imposed by the justice.
Exception
(16) Subsections (14) and (15) do not apply to a thing forfeited under
subsection (7) or (8).
Costs of seizure, etc.
(17) If a person is convicted of an offence under this Act, the justice may,
in addition to any other penalty, order the person to pay all or part
of any expenses incurred by the Minister with respect to the seizure,
storage or disposition of any thing seized in connection with the
offence.
Definition
(18) In this section,
"justice" has the same meaning as in the Provincial Offences Act. 1997,
c. 41, s. 92.
Arrest without warrant
93. (1) A conservation officer may arrest without warrant a person that he or
she believes on reasonable grounds is committing, has committed or is
preparing to commit an offence under this Act.
Necessary force
(2) A conservation officer may use as much force as is necessary to make an
arrest under this section.
Release
(3) If a conservation officer arrests a person under this section, he or
she shall, as soon as practicable, release the person from custody,
unless the officer has reasonable grounds to believe that,
(a) it is necessary in the public interest for the person arrested to
be detained, having regard to all the circumstances, including the
need to,
(i) establish the identity of the person,
(ii) secure or preserve evidence of or relating to the offence, or
(iii) prevent the continuation or repetition of the offence or the
commission of another offence; or
(b) the person arrested, if released, will not respond to the summons
or offence notice or will not appear in court.
Person to be taken before justice
(4) Section 150 of the Provincial Offences Act applies if the person
arrested is not released. 1997, c. 41, s. 93.
Entry on private land
94. A conservation officer acting under this Act may enter private land and may
authorize any other person acting under his or her direction to enter
private land, with or without the officer, for the purpose of assisting the
officer. 1997, c. 41, s. 94.
Exemption from Act or regulations
95. The Minister, for the purpose of investigations and other law enforcement
activities under this Act, may exempt a conservation officer from the
application of any provision of this Act or the regulations, subject to
such conditions as the Minister considers necessary. 1997, c. 41, s. 95.
Obstruction of conservation officer
96. A person shall not,
(a) knowingly make a false or misleading statement to a conservation
officer who is acting under this Act; or
(b) otherwise obstruct a conservation officer who is acting under this Act.
1997, c. 41, s. 96.
PART IX
OFFENCES AND PENALTIES
Offence
97. (1) A person who contravenes any provision of this Act or the regulations
is guilty of an offence.
Attempts
(2) A person who attempts to do anything that would be an offence under
this Act is guilty of that offence. 1997, c. 41, s. 97.
Corporations
98. If a corporation commits an offence under this Act, an officer, director,
employee or agent of the corporation who directed, authorized, assented to,
acquiesced in or participated in the commission of the offence is party to
and guilty of the offence and is liable on conviction to the punishment
provided for the offence, whether or not the corporation has been
prosecuted for the offence. 1997, c. 41, s. 98.
Employers and principals
99. In a prosecution for an offence under this Act, it is sufficient proof of
the offence to establish that it was committed by an employee or agent of
the defendant acting in the course of employment or agency, whether or not
the employee or agent is identified or has been prosecuted for the offence,
unless the defendant establishes that the offence was committed without the
knowledge or consent of the defendant. 1997, c. 41, s. 99.
Licensees
100. In a prosecution for an offence under this Act, it is sufficient proof of
the offence to establish that it was committed by a person in the course of
operations under a licence issued to the defendant, whether or not the
person is identified or has been prosecuted for the offence, unless the
defendant establishes that the offence was committed without the knowledge
or consent of the defendant. 1997, c. 41, s. 100.
Defence
101. A person shall not be convicted of an offence under this Act if the person
establishes that,
(a) the person exercised all due diligence to prevent the commission of the
offence; or
(b) the person honestly and reasonably believed in the existence of facts
that, if true, would render the person's conduct innocent. 1997, c. 41,
s. 101.
Penalty
102. (1) A person convicted of an offence under this Act is liable to a fine of
not more than $25,000, to imprisonment for a term of not more than one
year, or to both.
Careless use of firearm
(2) Despite subsection (1), a person convicted of an offence under section
16 is liable to a fine of not more than $25,000, to imprisonment for a
term of not more than two years, or to both.
Commercial offences
(3) Despite subsections (1) and (2), a person convicted of an offence under
this Act is liable to a fine of not more than $100,000, to imprisonment
for a term of not more than two years, or to both, if,
(a) the offence was committed under section 11, 48 or 51 or subsection
55 (3) or 58 (2); or
(b) the offence was committed for commercial purposes. 1997, c. 41,
s. 102.
Limitation period
103. (1) A prosecution for an offence under this Act,
(a) shall not be commenced more than two years after the day evidence
of the offence first came to the attention of a conservation
officer; and
(b) shall not be commenced more than three years after the offence was
committed.
Game and Fish Act
(2) Subsection (1) also applies to an offence committed under the Game and
Fish Act before section 119 comes into force, unless the offence was
committed more than six months before that section comes into force.
1997, c. 41, s. 103.
Cancellation of licence
104. (1) If a person is convicted of an offence under subsection 16 (1), the
court shall order that,
(a) any licence to hunt issued to the person shall be cancelled;
(b) the person shall not possess, apply for or obtain a licence to
hunt, and shall not hunt, during a period specified in the order;
and
(c) the person shall successfully complete a hunter education course
prescribed by the regulations and successfully pass an examination
for applicants for licences to hunt before the person applies for a
licence to hunt.
Discretionary order
(2) If a person is convicted of an offence under this Act, the Fisheries
Act (Canada) or the Migratory Birds Convention Act, 1994 (Canada),
other than an offence under subsection 16 (1) of this Act, the court
may order that, during a period specified in the order,
(a) the person shall not possess, apply for or obtain a licence of a
kind specified by the court that is related to the offence; and
(b) the person shall not engage in any activity for which the person
would be required to hold a licence of the kind specified under
clause (a).
Same
(3) If a court makes an order under subsection (2) in respect of a kind of
licence that the person holds at the time the order is made, the court
shall order that the licence be cancelled.
No stay on appeal
(4) An appeal of the conviction does not stay the effect of an order under
subsection (1), (2) or (3).
Surrender of licence
(5) A person whose licence is cancelled under this section shall promptly
surrender the licence to the Minister.
Compliance with order
(6) A person shall comply with an order made under this section. 1997,
c. 41, s. 104.
Suspension of licence if fine in default
105. If the payment of a fine imposed for an offence under this Act or the
Fisheries Act (Canada) is in default, an order may be made under section 69
of the Provincial Offences Act directing that any licence under this Act
that is related to the offence be suspended, and that any licence of that
kind not be renewed, validated or issued, until the fine is paid. 1997,
c. 41, s. 105.
Compensation: offence under subs. 46 (1) or 54 (1)
106. (1) A court that convicts a person of an offence under subsection 46 (1)
or 54 (1) may order the person to compensate the Minister for expenses
incurred by the Minister in capturing or killing any farmed animal,
wildlife or invertebrate that was released.
Exception
(2) Subsection (1) does not apply to the person who kept or possessed the
farmed animal, wildlife or invertebrate before it was released.
Compensation: offence under subs. 61 (2)
(3) A court that convicts a person of an offence under subsection 61 (2)
may order the person to compensate the Minister for any amount
collected by the person on behalf of the Crown that has not been
remitted to the Crown. 1997, c. 41, s. 106.
Proof of licence
107. If a licence is a defence to a prosecution for an offence under this Act,
the defendant has the burden of proving that the defendant had the required
licence. 1997, c. 41, s. 107.
Proof of inspected or seized documents
108. In a prosecution under this Act, a copy of a document purporting to be
certified by a conservation officer as a true copy of a document inspected
or seized under this Act or Part VIII of the Provincial Offences Act is
admissible in evidence as proof, in the absence of evidence to the
contrary, of the document. 1997, c. 41, s. 108.
Proof of hunting or trapping
109. In a prosecution under this Act in respect of hunting or trapping,
(a) proof that a person possessed, in an area usually inhabited by
wildlife, a firearm, trap, decoy or other hunting or trapping device, a
ferret or a specially protected raptor or other bird of prey, is proof,
in the absence of evidence to the contrary, that the person was hunting
or trapping, as the case may be; and
(b) proof that a person shot at or stalked a decoy or other device placed
by a conservation officer to suggest the presence of wildlife is proof,
in the absence of evidence to the contrary, that the person was
hunting. 1997, c. 41, s. 109.
Proof of sunrise and sunset times
110. In a prosecution for an offence under section 20, a certificate purporting
to be signed by a astronomer setting out the times of sunrise and sunset is
admissible in evidence as proof, in the absence of evidence to the
contrary, of those times. 1997, c. 41, s. 110.
Proof of document
111. In a prosecution under this Act, the production of a document that purports
to have been made by a person is proof, in the absence of evidence to the
contrary, that the person made the document and of its contents. 1997,
c. 41, s. 111.
PART X
REGULATIONS
Regulations: LG in C
112. The Lieutenant Governor in Council may make regulations,
1. prescribing species for the purpose of the definition of "farmed animal"
in subsection 1 (1);
2. prescribing species for the purpose of the definition of "furbearing
mammal", "game amphibian", "game bird", "game mammal", "game reptile",
"specially protected amphibian", "specially protected bird", "specially
protected invertebrate", "specially protected mammal", "specially
protected raptor" or "specially protected reptile" in subsection 1 (1);
3. prescribing regulations made under the Fisheries Act (Canada) for the
purpose of the definition of "Ontario Fishery Regulations" in subsection
1 (1);
4. prohibiting or regulating the hunting, trapping or possession of
wildlife, other than,
i. prescribing open seasons or closed seasons for wildlife,
ii. prescribing times of day during which the hunting of wildlife is or
is not permitted, or
iii. prescribing limits on the number of wildlife of a species, sex, size,
age or type prescribed by the regulations that may be killed,
captured or possessed;
5. prohibiting or regulating hunting or trapping by non-residents;
6. deeming a class of persons to be residents;
7. prescribing parts of Ontario as Crown game preserves for the purposes of
this Act and prohibiting or regulating entry to or activities in Crown
game preserves;
8. prescribing areas as unsafe for hunting for the purpose of section 14;
9. prescribing, for the purpose of section 15, coloured clothing that shall
be worn while hunting;
10. respecting public safety in connection with hunting or trapping
activities, including prohibiting or regulating activities that may pose
a threat to the safety of the public;
11. prescribing, for the purpose of clause 17 (1) (d), parts of Ontario in
which a person shall not have a loaded firearm in, or discharge a
firearm in or across, a right of way for public vehicular traffic;
12. defining "unmaintained right of way" for the purpose of subsection
17 (2) and prescribing circumstances in which clause 17 (1) (d) or (e)
applies to an unmaintained right of way despite that subsection;
13. prescribing the manner in which a person's mobility must be impaired
before he or she may obtain an authorization under subsection 17 (3);
14. prescribing parts of Ontario in which body-gripping traps may be used
under clause 22 (2) (d) and prescribing types of body-gripping traps as
humane traps for the purpose of clause 22 (2) (e);
15. prohibiting or regulating the use or possession for the purposes of
hunting or trapping of firearms and prohibiting or regulating the use or
possession of blinds, decoys, traps or other hunting or trapping
devices;
16. prescribing, for the purpose of subsection 25 (2), areas where a person
shall not use or be accompanied by a dog while hunting white-tailed
deer, moose, elk or black bear;
17. prescribing species of specially protected raptors and other birds of
prey that a person may hunt with under subsection 27 (2);
18. prohibiting or regulating hunting with specially protected raptors,
other birds of prey, dogs or other animals;
19. prescribing classes of agents for the purpose of subsection 31 (2);
20. prescribing, for the purpose of clause 31 (3) (c), wildlife that may be
harassed, captured or killed only in accordance with the authorization
of the Minister;
21. governing the harassing, capturing or killing of wildlife under section
31 and governing the release of wildlife captured under that section;
22. prescribing provisions of this Act and the regulations that do not apply
to a person who harasses, captures or kills wildlife under section 31;
23. prescribing, for the purpose of subsection 31 (10), wildlife that shall
be disposed of in accordance with the directions of the Minister;
24. prescribing species of wildlife for the purpose of clause 32 (2) (a) and
governing guides within the meaning of that section;
25. defining "black bear hunting services" for the purpose of section 32 and
prohibiting or regulating the provision of black bear hunting services
in areas specified by the regulations;
26. governing game bird hunting preserves;
27. defining "fishing preserve" for the purpose of section 34 and governing
fishing preserves;
28. governing the keeping of game wildlife and specially protected wildlife
in captivity;
29. prescribing, for the purpose of clause 41 (1) (b), wildlife that a
person shall not hunt or permit the hunting of while the wildlife is in
captivity;
30. prescribing, for the purpose of subsection 41 (2), areas in which game
birds may be hunted while they are in captivity;
31. prescribing birds of prey for the purpose of section 42, prescribing the
manner of marking specially protected raptors and other birds of prey
under that section and prescribing the records that shall be kept under
that section;
32. prescribing circumstances in which subsection 40 (1) or section 42
applies, despite section 43, to wildlife that originated outside Ontario
and that is in Ontario temporarily in transit or in quarantine;
33. prescribing provisions of this Act and the regulations that do not apply
to a person acting under subsection 46 (3) or 54 (3), subject to such
conditions as are prescribed by the regulations;
34. governing the propagation of game wildlife and specially protected
wildlife;
35. governing aquaculture and prescribing, for the purposes of clause 47 (1)
(a), species of fish that may be cultured;
36. governing the buying or selling of game wildlife or specially protected
wildlife, including pelts;
37. requiring pelts to be sealed or marked in accordance with the
regulations and governing the sealing and marking of pelts;
38. prohibiting or regulating the possession, tanning, treating or plucking
of pelts;
39. governing the buying or selling of fish and prescribing, for the purpose
of subsection 51 (1), fish that do not exist in Ontario waters that can
be bought or sold only under the authority of a licence;
40. requiring, for the purpose of section 53, a licence or permit to
transport into Ontario game wildlife or specially protected wildlife
that is prescribed by the regulations;
41. requiring, for the purpose of subsection 55 (1), a licence or permit to
transport out of Ontario game wildlife or specially protected wildlife
that is prescribed by the regulations, including pelts;
42. governing the issuance, renewal, transfer, refusal, suspension or
cancellation of licences, including the qualifications for licences and
requirements to complete courses and pass examinations approved by the
Minister or by other persons;
43. limiting the number of licences of any class that may be issued and
establishing a system for limiting the number;
44. prescribing conditions to which a licence is subject;
45. authorizing a licence or component of a licence to be transferred,
bought, sold or used, for the purpose of subsection 68 (3);
46. authorizing a person who holds a licence to trap to designate another
person to hunt or trap under the licence in his or her stead, and
governing the making of the designation and the effect of the
designation;
47. governing the form or format of a licence, authorization or other
document issued under this Act, including the components of the licence,
authorization or other document;
48. deeming a document or other thing to be a licence;
49. prescribing licences to which subsection 72 (1) or 75 (1) does not
apply;
50. establishing and governing the calculation and payment of royalties for
pelts, furbearing mammals, fish or bait for fishing captured, killed or
taken for commercial purposes;
51. requiring and governing the registration for the purposes of this Act of
wildlife or invertebrates;
52. requiring records to be kept for the purposes of this Act, requiring
information to be submitted to the Minister or another person for the
purposes of this Act and governing the submission of the information;
53. governing the form or format of any document submitted under this Act;
54. prescribing exemptions from subsection 9 (1) or (2), subsection 10 (7),
clauses 11 (1) (a) to (d), or subsection 20 (1), 24 (2), 24 (3), 29 (1),
30 (1), 32 (2), 33 (1), 34 (1), 36 (3), 36 (5), 37 (1), 40 (1), 41 (1),
47 (1), 48 (1), 51 (1), 57 (1), 63 (1) or 64 (1), subject to such
conditions as are prescribed by the regulations;
55. exempting a person from subsection 35 (1) if, on June 9, 1997, the
person owned and operated an area in which wildlife was enclosed for the
purpose of teaching dogs hunting skills or testing dogs' hunting skills,
prescribing conditions to which the exemption is subject, governing the
management and operation of the area by the exempted person and
exempting persons who use the area for teaching dogs hunting skills or
testing dogs' hunting skills from section 6 or 26. 1997, c. 41, s. 112.
Regulations: Minister
113. (1) The Minister may make regulations,
1. prescribing species of birds that cannot be hunted or trapped under
clause 5 (2) (c);
2. prescribing open seasons or closed seasons for wildlife;
3. prescribing times of day during which the hunting of wildlife is or
is not permitted;
4. prescribing limits on the number of wildlife of a specified species,
sex, size, age or type that may be killed, captured or possessed;
5. prohibiting or regulating the destruction, taking or possession of
eggs of specially protected amphibians or specially protected
reptiles;
6. respecting hunter or trapper education;
7. prohibiting or regulating the harvesting, propagation, transport,
use, buying or selling of bait for fishing;
8. prohibiting or regulating the placing of huts on ice for the purpose
of fishing, regulating their use, and requiring and regulating their
removal;
9. prescribing wildlife management units, bear management areas,
trapline areas and other areas for the purposes of this Act or the
regulations.
Concurrent authority
(2) The Lieutenant Governor in Council may make any regulation that the
Minister has authority to make and may amend or revoke any regulation
made by the Minister.
Same
(3) The Minister may amend or revoke a provision of a regulation if the
provision was made or amended by the Lieutenant Governor in Council
under subsection (2). 1997, c. 41, s. 113.
Scope of regulations
114. (1) A regulation made under this Act may be general in its application or
may apply only to,
(a) a specified activity, species, licence, device or other thing, or a
specified class of activities, species, licences, devices or other
things;
(b) a specified part of Ontario; or
(c) a specified period of time.
Farmed animal pelts
(2) A regulation made under paragraph 36, 37, 38, 41 or 54 of section 112
that applies to pelts may provide that it applies to the pelts of
farmed animals that are furbearing mammals.
Licence requirements
(3) A regulation made under this Act that regulates or governs an activity
may require a licence to engage in the activity. 1997, c. 41, s. 114.
Note: The Minister may amend or revoke a regulation made by the Lieutenant
Governor in Council under the Game and Fish Act that relates to a matter
in respect of which the Minister may make regulations under this Act.
The Lieutenant Governor in Council may amend or revoke a regulation made
by the Minister under the Game and Fish Act. See: 1997, c. 41,
ss. 119 (4, 5), 127.
SCHEDULE 1
FURBEARING MAMMALS
| Common Name |
Scientific Name |
| |
| Badger |
Taxidea taxus |
| Beaver |
Castor canadensis |
| Bobcat |
Lynx rufus |
| Coyote |
Canis latrans |
| Fisher |
Martes pennanti |
| Fox, Arctic |
Alopex lagopus |
| Fox, Gray |
Urocyon cinereoargenteus |
| Fox, Red (all colour phases) |
Vulpes vulpes |
| Lynx |
Lynx canadensis |
| Marten |
Martes americana |
| Mink |
Mustela vison |
| Muskrat |
Ondatra zibethicus |
| Opossum |
Didelphis virginiana |
| Otter |
Lutra canadensis |
| Raccoon |
Procyon lotor |
| Skunk, Striped |
Mephitis mephitis |
| Squirrel, Red |
Tamiasciurus hudsonicus |
| Weasel, Least |
Mustela nivalis |
| Weasel, Long-tailed |
Mustela frenata |
| Weasel, Short-tailed (Ermine) |
Mustela erminea |
| Wolf |
Canis lupus |
|
| |
1997, c. 41, Sched. 1.
SCHEDULE 2
GAME MAMMALS
| Common Name |
Scientific Name |
| |
| Bear, Black |
Ursus americanus |
| Caribou, Woodland |
Rangifer tarandus |
| Cottontail |
Sylvilagus floridanus |
| Deer, White-tailed |
Odocoileus virginianus |
| Elk, American (Wapiti) |
Cervus elaphus |
| Hare, European |
Lepus europaeus |
| Hare, Varying (Snowshoe) |
Lepus americanus |
| Moose |
Alces alces |
| Squirrel, Gray (Black) |
Sciurus carolinensis |
| Squirrel, Fox |
Sciurus niger |
|
| |
1997, c. 41, Sched. 2.
SCHEDULE 3
GAME BIRDS
| Common Name |
Scientific Name |
| |
| Bobwhite, Northern |
Colinus virginianus |
| Grouse, Ruffed |
Bonasa umbellus |
| Grouse, Sharp-tailed |
Tympanuchus phasianellus |
| Grouse, Spruce |
Dendragapus canadensis |
| Partridge, Gray (Hungarian) |
Perdix perdix |
| Pheasant, Ring-necked |
Phasianus colchicus |
| Ptarmigan, Rock |
Lagopus mutus |
| Ptarmigan, Willow |
Lagopus lagopus |
| Turkey, Wild |
Meleagris gallopavo |
|
| |
1997, c. 41, Sched. 3.
SCHEDULE 4
GAME REPTILES
| Common Name |
Scientific Name |
| |
| Turtle, Common Snapping |
Chelydra serpentina serpentina |
|
| |
1997, c. 41, Sched. 4.
SCHEDULE 5
GAME AMPHIBIANS
| Common Name |
Scientific Name |
| |
| Bullfrog |
Rana catesbeiana |
|
| |
1997, c. 41, Sched. 5.
SCHEDULE 6
SPECIALLY PROTECTED MAMMALS
| Common Name |
Scientific Name |
| |
| Bat, Big Brown |
Eptesicus fuscus |
| Bat, Eastern Pipistrelle |
Pipistrellus subflavus |
| Bat, Hoary |
Lasiurus cinereus |
| Bat, Least (Small-footed) |
Myotis leibii |
| Bat, Little Brown |
Myotis lucifugus |
| Bat, Northern Long-eared |
Myotis septentrionalis |
| Bat, Red |
Lasiurus borealis |
| Bat, Silver-haired |
Lasionycteris noctivagans |
| Chipmunk, Eastern |
Tamias striatus |
| Chipmunk, Least |
Tamias minimus |
| Flying Squirrel, Northern |
Glaucomys sabrinus |
| Flying Squirrel, Southern |
Glaucomys volans |
| Shrew, Arctic |
Sorex arcticus |
| Shrew, Cinereus (Masked) |
Sorex cinereus |
| Shrew, Least |
Cryptotis parva |
| Shrew, Northern Short-tailed |
Blarina brevicauda |
| Shrew, Pygmy |
Sorex hoyi |
| Shrew, Smoky |
Sorex fumeus |
| Shrew, Water |
Sorex palustris |
|
| |
1997, c. 41, Sched. 6.
SCHEDULE 7
SPECIALLY PROTECTED BIRDS (RAPTORS)
| Common Name |
Scientific Name |
| |
| Eagle, Bald |
Haliaeetus leucocephalus |
| Eagle, Golden |
Aquila chrysaetos |
| Falcon, Peregrine |
Falco peregrinus |
| Goshawk, Northern |
Accipiter gentilis |
| Gyrfalcon |
Falco rusticolus |
| Harrier, Northern |
Circus cyaneus |
| Hawk, Broad-winged |
Buteo platypterus |
| Hawk, Cooper's |
Accipiter cooperii |
| Hawk, Red-shouldered |
Buteo lineatus |
| Hawk, Red-tailed |
Buteo jamaicensis |
| Hawk, Rough-legged |
Buteo lagopus |
| Hawk, Sharp-shinned |
Accipiter striatus |
| Kestrel, American |
Falco sparverius |
| Kite, American Swallow-tailed |
Elanoides forficatus |
| Merlin |
Falco columbarius |
| Osprey |
Pandion haliaetus |
| Owl, Barred |
Strix varia |
| Owl, Boreal |
Aegolius funereus |
| Owl, Burrowing |
Athene cunicularia |
| Owl, Barn |
Tyto alba |
| Owl, Eastern Screech |
Otus asio |
| Owl, Great Gray |
Strix nebulosa |
| Owl, Great Horned |
Bubo virginianus |
| Owl, Long-eared |
Asio otus |
| Owl, Northern Hawk |
Surnia ulula |
| Owl, Northern Saw-whet |
Aegolius acadicus |
| Owl, Short-eared |
Asio flammeus |
| Owl, Snowy |
Nyctea scandiaca |
| Vulture, Turkey |
Cathartes aura |
|
| |
1997, c. 41, Sched. 7.
SCHEDULE 8
SPECIALLY PROTECTED BIRDS (OTHER THAN RAPTORS)
| Common Name |
Scientific Name |
| |
| Blackbird, Brewer's |
Euphagus cyanocephalus |
| Blackbird, Rusty |
Euphagus carolinus |
| Blackbird, Yellow-headed |
Xanthocephalus xanthocephalus |
| Jay, Blue |
Cyanocitta cristata |
| Jay, Gray |
Perisoreus canadensis |
| Kingfisher, Belted |
Ceryle alcyon |
| Pelican, White |
Pelecanus erythrorhynchos |
| Raven, Common |
Corvus corax |
|
| |
1997, c. 41, Sched. 8.
SCHEDULE 9
SPECIALLY PROTECTED REPTILES
| Common Name |
Scientific Name |
| |
| Racer, Blue |
Coluber constrictor foxi |
| Rattlesnake, Eastern Massasauga |
Sistrurus catenatus catenatus |
| Skink, Five-lined |
Eumeces fasciatus |
| Snake, Black Rat |
Elaphe obsoleta obsoleta |
| Snake, Butler's Garter |
Thamnophis butleri |
| Snake, Eastern Fox |
Elaphe vulpina gloydi |
| Snake, Eastern Hognose |
Heterodon platyrhinos |
| Snake, Eastern Smooth Green |
Opheodrys vernalis vernalis |
| Snake, Lake Erie Water |
Nerodia sipedon insularum |
| Snake, Milk |
Lampropeltis triangulum |
| Snake, Northern Water |
Nerodia sipedon sipedon |
| Snake, Queen |
Regina septemvittata |
| Softshell, Eastern Spiny |
Trionyx spiniferus spiniferus |
| Turtle, Blanding's |
Emydoidea blandingii |
| Turtle, Map |
Graptemys geographica |
| Turtle, Midland Painted |
Chrysemys picta marginata |
| Turtle, Musk |
Sternotherus odoratus |
| Turtle, Spotted |
Clemmys guttata |
| Turtle, Western Painted |
Chrysemys picta bellii |
| Turtle, Wood |
Clemmys insculpta |
|
| |
1997, c. 41, Sched. 9.
SCHEDULE 10
SPECIALLY PROTECTED AMPHIBIANS
| Common Name |
Scientific Name |
| |
| Frog, Blanchard's Cricket |
Acris crepitans blanchardi |
| Salamander, Blue-spotted |
Ambystoma laterale |
| Salamander, Eastern Tiger |
Ambystoma tigrinum tigrinum |
| Salamander, Four-toed |
Hemidactylium scutatum |
| Salamander, Jefferson |
Ambystoma jeffersonianum |
| Salamander, Northern Dusky |
Desmognathus fuscus fuscus |
| Salamander, Redback |
Plethodon cinereus |
| Salamander, Smallmouth |
Ambystoma texanum |
| Salamander, Spotted |
Ambystoma maculatum |
| Salamander, Two-lined |
Eurycea bislineata |
| Toad, Fowler's |
Bufo woodhousi fowleri |
| Treefrog, Gray |
Hyla versicolor |
|
| |
1997, c. 41, Sched. 10.
SCHEDULE 11
SPECIALLY PROTECTED INVERTEBRATES
| Common Name |
Scientific Name |
| |
| Butterfly, Karner Blue |
Lycaeides melissa |
| Butterfly, Monarch |
Danaus plexippus |
| Butterfly, West Virginia White |
Pieris virginiensis |
| Dusky Wing, Mottled |
Erynnis martialis |
| Elfin, Bog |
Incisalia lanoraieensis |
| Elfin, Frosted |
Incisalia irus |
| Swallowtail, Black |
Papilio polyxenes |
| Swallowtail, Giant |
Papilio cresthontes |
| Swallowtail, Old World |
Papilio machaon |
| Swallowtail, Pipevine |
Battus philenor |
| Swallowtail, Spicebush |
Papilio troilus |
| Swallowtail, Tiger |
Papilio glaucus |
| Swallowtail, Zebra |
Eurytides marcellus |
|
| |
1997, c. 41, Sched. 11.
Note: Despite the repeal of the Game and Fish Act by the Statutes of Ontario,
1997, chapter 41, subsection 119(1), a licence, permit or authorization
issued under the Game and Fish Act that authorized an activity continues
to authorize that activity until the date the licence, permit or
authorization would have expired under that Act. See: 1997, c.41,
ss.119(3), 127.
http://www.e-laws.gov.on.ca/
Ontario Statutes and Regulations
http://www.ert.gov.on.ca/index30.htm
Environmental Review Tribunal
http://www.ene.gov.on.ca/envision/env_reg/er/registry.htm
Environmental Registry of Ontario
http://www.ene.gov.on.ca/envision/env_reg/ebr/index.htm
Environmental Bill of Rights Homepage
http://www.eco.on.ca/
Environmental Commissioner of Ontario
http://www.mnr.gov.on.ca/
Ontario Ministry of Natural Resources
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