Fish and Wildlife Conservation Act, 1997
Loi de 1997 sur la protection du poisson et de la faune
ONTARIO REGULATION 665/98
Amended to O. Reg. 52/06
HUNTING
Historical version for the period March 3, 2006 to May 31, 2006.
This Regulation is made in English only.
CONTENTS
Sections | ||
DEFINITIONS AND INTERPRETATION |
1 | |
LICENCES |
2-21 | |
HUNTING IN A PARTY |
22-24.1 | |
GENERAL |
25-26 | |
SMALL GAME |
27-31 | |
WILD TURKEY |
32-35 | |
FROGS AND SNAPPING TURTLES |
36-39 | |
DEER |
40-49 | |
MOOSE |
50-55 | |
BEAR |
56-62 | |
HUNTING METHODS AND FIREARM RESTRICTIONS |
63-93 | |
HUNTING WILDLIFE IN CAPTIVITY |
93.1 | |
HUNTING SERVICES |
94-99 | |
CROWN GAME PRESERVES |
100-102.1 | |
HUNTING IN PROVINCIAL PARKS AND ON DESIGNATED CROWN LAND |
103-117 | |
HUNTING ON CROWN LAND IN THE GEOGRAPHIC TOWNSHIPS OF BRUTON AND CLYDE |
118-120 | |
SPECIAL HUNTING AREAS |
121-129 | |
PROTECTION OF PROPERTY |
130-133 | |
MISCELLANEOUS |
134-137 |
PART I
DEFINITIONS AND INTERPRETATION
1. (1) In this Regulation,
“antlerless deer” means a deer that does not have antlers or that has antlers both of which are less than 7.5 centimetres each in length and “antlered deer” means all other deer;
“bear” means black bear;
“big game” means black bear, woodland caribou, white-tailed deer, American elk and moose;
“bismuth shot” means shotgun pellets consisting of, by weight,
(a) at least 96 per cent bismuth,
(b) not more than 4 per cent of tin, and
(c) not more than 1 per cent of any element other than bismuth or tin;
“bull moose” means a male moose that is at least one year old at the time of the hunt;
“calf moose” means a moose that is less than one year old at the time of the hunt;
“cow moose” means a female moose that is at least one year old at the time of the hunt;
“deer” means white-tailed deer;
“e-licence” means a component of a licence to hunt small game that is obtained by the holder through the Ministry website;
“gun” means a firearm but does not include a bow or crossbow;
“immediate relative”, when used in reference to a person, means that person’s grandparent, parent, spouse, child, sibling or grandchild;
“licence tag” means a tag which, when affixed to an outdoors card, constitutes a licence to hunt the wildlife or a class of wildlife specified on the tag or in this Regulation;
“migratory game bird” means a bird declared to be a migratory game bird in the Convention set out in the Schedule to the Migratory Birds Convention Act, 1994 (Canada);
“outdoors card” means a hunting/fishing outdoors card described in section 2 and includes a temporary outdoors card;
“small game” means the wildlife described in subsection 28 (1) that a resident may hunt or the wildlife described in subsection 29 (1) that a non-resident may hunt, as appropriate in the context;
“spouse” means,
(a) a spouse as defined in section 1 of the Family Law Act, or
(b) either of two persons who live together in a conjugal relationship outside marriage;
“steel shot” means shotgun pellets consisting of, by weight,
(a) at least 98 per cent iron, and
(b) not more than 1 per cent of any element other than iron;
“trapping licence” means a licence to trap furbearing mammals issued under Ontario Regulation 667/98 (Trapping);
“validation tag” means a tag which validates a licence to hunt game wildlife of a specified number, type, age or sex or in a specified area or under specified conditions. O. Reg. 665/98, s. 1 (1); O. Reg. 78/00, s. 1; O. Reg. 350/04, s. 1; O. Reg. 348/05, s. 1; O. Reg. 600/05, s. 1.
(2) Revoked: O. Reg. 32/04, s. 1.
(3) A reference in this Regulation to a wildlife management unit is a reference to that unit as numbered and described in Regulation 530 of the Revised Regulations of Ontario, 1990. O. Reg. 665/98, s. 1 (3).
Note: On June 1, 2006, subsection (3) is revoked and the following substituted:
(3) A reference in this Regulation to a wildlife management unit is a reference to that unit as referred to in Schedule 1 to Part 6 of Ontario Regulation 663/98 (Area Descriptions) made under the Act except that if a wildlife management unit is referred to by whole number only, the whole number includes a reference to all of the wildlife management units referred to in Schedule 1 by that number used in combination with a letter, or a letter and another number. O. Reg. 52/06, s. 1.
See: O. Reg. 52/06, ss. 1, 4 (2).
(4) A reference in this Regulation to a period of time that begins and ends on specific dates shall be deemed to include the first and last dates of the period. O. Reg. 665/98, s. 1 (4).
2. (1) Except as otherwise provided in this Regulation, a resident must possess an outdoors card in order to hunt. O. Reg. 665/98, s. 2 (1).
(2) An outdoors card is a licence necessary for a resident to obtain a licence tag, validation tag, seal or hunting licence. O. Reg. 665/98, s. 2 (2).
(3) No licence tag to hunt deer, moose, bear or small game shall be issued to a resident and no farmer’s licence to hunt deer shall be issued to a resident farmer unless that person holds an outdoors card. O. Reg. 665/98, s. 2 (3).
(4) An outdoors card that has a licence tag affixed to it or printed on it constitutes a licence for the holder to hunt the wildlife or class of wildlife specified on the licence tag or in this Regulation. O. Reg. 665/98, s. 2 (4).
(4.1) An outdoors card may be classified as one of the following:
1. Class H1, under which the holder may use all hunting methods permitted under the Act and the regulations.
2. Class H2, under which the holder may use all hunting methods permitted under the Act and the regulations with the exception of guns. O. Reg. 600/05, s. 2.
(5) A farmer’s licence to hunt deer is valid only to hunt deer in the county, territorial district, regional municipality or district municipality in which the farmer resides. O. Reg. 665/98, s. 2 (5).
2.1 A resident may obtain an e-licence if the resident,
(a) possesses an outdoors card; or
(b) has renewed his or her outdoors card but has not yet received it. O. Reg. 350/04, s. 2.
3. The following persons shall be deemed to be residents for the purposes of this Regulation and Ontario Regulation 670/98 (Open Seasons — Wildlife):
1. A person with diplomatic credentials in an embassy, consulate or trade commission of a foreign government who has taken a post in Ontario.
2. A member of the armed forces of a foreign government who is stationed in Ontario.
3. A member of the RCMP or armed forces of Canada who is stationed in Ontario for at least one month.
4. A member of the immediate family of persons set out in paragraph 1, 2 or 3 who lives with the person. O. Reg. 665/98, s. 3.
4. (1) A person is eligible to obtain an outdoors card if he or she,
(a) is at least 16 years old; or
(b) is 15 years old and files a consent signed by both parents if he or she resides with them or by one parent or guardian in all other cases. O. Reg. 665/98, s. 4 (1).
(2) To obtain a class H1 outdoors card, an applicant must submit,
(a) an examiner’s report indicating that the applicant has passed a hunting licence examination between January 1, 1968 and December 31, 2005 under section 12 or a predecessor of that section;
(b) an outdoors card issued to the applicant before January 1, 2006;
(c) a resident hunting licence issued to the applicant after January 1, 1968 under subsection 2 (1) of Regulation 500 of the Revised Regulations of Ontario, 1990 or a predecessor of it;
(d) a class H1 outdoors card issued to the applicant after December 31, 2005;
(e) a class H2 outdoors card or a class A2 hunter apprenticeship safety card issued to the applicant after December 31, 2005, or an examiner’s report indicating that the applicant has passed a hunting licence examination after December 31, 2005 under section 12, and a document issued by the Government of Canada proving that the applicant has successfully completed any tests that form part of the Canadian Firearms Safety Course or has met the criteria for a possession and acquisition licence or a minor’s licence under the Firearms Act (Canada);
(f) an examiner’s report indicating that the applicant has,
(i) passed a hunting licence examination after December 31, 2005 under section 12, and
(ii) been issued a document by the Government of Canada proving that the applicant has successfully completed any tests that form part of the Canadian Firearms Safety Course or has met the criteria for a possession and acquisition licence or a minor’s licence under the Firearms Act (Canada);
(g) a hunter apprenticeship safety card issued to the applicant before January 1, 2006;
(h) a class A1 hunter apprenticeship safety card issued to the applicant after December 31, 2005; or
(i) a certificate of the Ministry indicating that the applicant was issued a document referred to in clauses (a) or (c). O. Reg. 600/05, s. 3 (1).
(3) Despite subsection (2), a class H1 outdoors card may be issued to an applicant on the basis of being a deemed resident under section 3 if he or she submits,
(a) documentation to sufficiently establish that he or she falls within the category of deemed resident; and
(b) a hunting licence issued to the applicant by a competent authority in any jurisdiction. O. Reg. 665/98, s. 4 (3); O. Reg. 600/05, s. 3 (2).
(3.1) To obtain a class H2 outdoors card, an applicant must submit,
(a) an examiner’s report indicating that the applicant has passed a hunting licence examination after December 31, 2005 under section 12;
(b) a class H2 outdoors card issued to the applicant after December 31, 2005; or
(c) a class A2 hunter apprenticeship safety card issued to the applicant after December 31, 2005. O. Reg. 600/05, s. 3 (3).
(4) A temporary outdoors card may be issued to a qualified applicant,
(a) if the applicant has lost or misplaced a regular outdoors card; or
(b) if the time necessary to obtain a regular outdoors card would result in the applicant being unable to carry out immediate hunting activities. O. Reg. 665/98, s. 4 (4).
5. (1) An outdoors card expires on December 31,
(a) of the third year after the date of its issue, if it is issued in November or December; or
(b) of the second year after the date of its issue, if it is issued from January to October, inclusive. O. Reg. 665/98, s. 5 (1).
(2) A temporary outdoors card expires on December 31 of the year of its issue. O. Reg. 665/98, s. 5 (2).
6. (1) A person shall not apply for or possess more than one valid outdoors card. O. Reg. 665/98, s. 6 (1).
(2) The holder of an outdoors card shall notify the Ministry of any change in the information submitted in the application to obtain the card not later than 10 days after the change occurs. O. Reg. 665/98, s. 6 (2).
(3) A person holding an outdoors card whose licence is cancelled by a court order under section 104 of the Act shall immediately return the card to the Ministry for an adjustment to reflect the order. O. Reg. 665/98, s. 6 (3).
(4) A holder of an outdoors card who ceases to be a resident is not eligible to obtain any licence tags with that card. O. Reg. 665/98, s. 6 (4).
(5) A non-resident is not eligible to obtain an outdoors card. O. Reg. 665/98, s. 6 (5).
7. (1) In order to obtain a licence to hunt deer, moose, bear or small game, a non-resident must submit,
(a) a hunting licence issued to him or her after January 1, 1968 under this Regulation or a predecessor of it;
(b) a hunting licence issued to him or her after January 1, 1968 by a competent authority in any jurisdiction in which he or she was a resident at that time;
(c) a report issued to him or her by an examiner under section 12 or a predecessor of that section after January 1, 1968;
(d) a hunting licence verification certificate issued by the Ministry verifying the existence of a previously issued licence; or
(e) a certificate issued to him or her after January 1, 1968 by a competent authority in any jurisdiction which indicates that the holder was or is authorized to purchase a hunting licence in that jurisdiction. O. Reg. 665/98, s. 7 (1); O. Reg. 600/05, s. 4.
(2) Despite subsection (1) and section 2, a non-resident hunting licence may be issued to an applicant deemed to be a resident under section 3 if the applicant submits a hunting licence previously issued to the applicant by a competent authority in any jurisdiction. O. Reg. 665/98, s. 7 (2).
(3) Despite section 3, a person who holds a non-resident licence under subsection (2) is considered to be a non-resident for the purposes of this Regulation and Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 665/98, s. 7 (3).
8. A resident who is 15 years of age may be issued a licence tag to hunt deer, moose, bear or small game or a licence to hunt raccoon at night or wild turkey if he or she files with the licence issuer a consent signed,
(a) by both parents, if he or she resides with them; or
(b) by his or her parent or guardian, in all other cases. O. Reg. 665/98, s. 8.
9. (1) A hunter apprenticeship safety card may be classified as one of the following:
1. Class A1, under which the holder may use all hunting methods permitted under the Act and the regulations.
2. Class A2, under which the holder may use all hunting methods permitted under the Act and the regulations with the exception of guns. O. Reg. 600/05, s. 5.
(2) A person is eligible to obtain a hunter apprenticeship safety card if he or she,
(a) is a resident and is at least 12 years of age;
(b) if younger than 16 years of age, files with the application a consent signed by both parents, if he or she resides with them, or by one parent or guardian in all other cases. O. Reg. 600/05, s. 5.
(3) To obtain a class A1 hunter apprenticeship safety card, an applicant must submit,
(a) an examiner’s report indicating that the applicant has passed a hunting licence examination before January 1, 2005 under section 12;
(b) a class A2 hunter apprenticeship safety card issued to the applicant after December 31, 2005, or an examiner’s report indicating that the applicant has passed a hunting licence examination after December 31, 2005 under section 12, and a document issued by the Government of Canada proving that the applicant has successfully completed any tests that form part of the Canadian Firearms Safety Course or has met the criteria for a possession and acquisition licence or a minor’s licence under the Firearms Act (Canada); or
(c) an examiner’s report indicating that the applicant has,
(i) passed a hunting licence examination after December 31, 2005 under section 12, and
(ii) been issued a document by the Government of Canada proving that the applicant has successfully completed any tests that form part of the Canadian Firearms Safety Course or has met the criteria for a possession and acquisition licence or a minor’s licence under the Firearms Act (Canada). O. Reg. 600/05, s. 5.
(4) To obtain a class A2 hunter apprenticeship safety card, an applicant must submit an examiner’s report indicating that the applicant has passed a hunting licence examination after December 31, 2005 under section 12. O. Reg. 600/05, s. 5.
(5) A hunter apprenticeship safety card of any class is valid,
(a) for three years from its date of issue, if it is the first card issued to the person; or
(b) for three years from the date the first card was issued, if the card is not the first card issued to the person. O. Reg. 600/05, s. 5.
(6) A person who holds an expired hunter apprenticeship safety card of any class shall not apply for another. O. Reg. 600/05, s. 5.
10. (1) Subject to this section, the hunter apprenticeship safety card shall be deemed to be a hunting licence. O. Reg. 665/98, s. 10 (1).
(2) The deemed licence is subject to the following conditions:
1. Wildlife may be hunted by the apprentice only under the direct and immediate supervision of a hunter who is at least 18 years of age and who holds a hunting licence to hunt the species of wildlife that the apprentice is hunting.
2. The holder of a class A1 hunter apprenticeship safety card shall not carry or use a firearm other than the single firearm that he or she is sharing with the licensed hunter under whose supervision he or she is hunting.
3. The holder of a class A2 hunter apprenticeship safety card shall not carry or use a firearm other than the single bow or crossbow that he or she is sharing with the licensed hunter under whose supervision he or she is hunting. O. Reg. 665/98, s. 10 (2); O. Reg. 600/05, s. 6.
(3) A person hunting under a hunter apprenticeship safety card does not require an outdoors card or any other licence under this Regulation. O. Reg. 665/98, s. 10 (3).
(4) The hunter apprenticeship safety card shall not be deemed to be a licence to hunt wild turkey unless the apprentice has successfully completed the wild turkey education program and provides proof of that fact acceptable to the Minister. O. Reg. 665/98, s. 10 (4).
11. (1) It is a condition of the hunting licence of a hunter who supervises an apprentice under subsection 10 (2) that he or she take all reasonable care to ensure that the apprentice complies with the Act and the regulations. O. Reg. 665/98, s. 11 (1).
(2) Game wildlife killed by an apprentice shall be included in the bag limit of the licensed hunter under whose supervision the apprentice is hunting. O. Reg. 665/98, s. 11 (2).
12. (1) The Minister or any person designated by the Minister may appoint persons to be hunter education examiners for such period as the Minister may determine. O. Reg. 665/98, s. 12 (1).
(2) The examiner shall issue a report to an applicant who successfully completes an examination approved by the Minister. O. Reg. 665/98, s. 12 (2); O. Reg. 600/05, s. 7.
(3) Every applicant for an examination shall submit with the application,
(a) a certificate issued to the applicant by a hunting instructor under section 13 or a predecessor of it;
(b) a certificate indicating that the applicant has completed a hunter education course issued to the applicant after January 1, 1968 by a competent authority in any jurisdiction; or
(c) a hunting licence issued after January 1, 1968 to the applicant by a competent authority in any jurisdiction in which he or she was a resident at the time. O. Reg. 665/98, s. 12 (3).
(4) A resident who fails to pass his or her first hunting licence examination in Ontario shall not apply for re-examination unless he or she files with the application a certificate issued by a hunting instructor under section 13. O. Reg. 665/98, s. 12 (4).
13. (1) The Minister or any person designated by the Minister may appoint persons as hunting instructors for such period as the Minister may determine. O. Reg. 665/98, s. 13 (1).
(2) The Minister shall approve the hunting education course to be given by hunting instructors. O. Reg. 665/98, s. 13 (2).
(3) Upon completion of a course by a candidate, the hunting instructor shall issue a certificate certifying that the candidate has completed the course. O. Reg. 665/98, s. 13 (3).
14. A licence is not valid unless it is signed by the holder in the space provided for the signature. O. Reg. 665/98, s. 14.
15. (1) Except as provided in this Regulation, a licence or tag is valid from the date of its issue, but only for hunting during the open season for the species for which the licence or tag is issued. O. Reg. 665/98, s. 15 (1).
(2) A licence or tag expires on December 31 immediately following its date of issue, unless otherwise provided in this Regulation or on the licence or tag. O. Reg. 665/98, s. 15 (2).
(3) A small game licence is not valid from June 16 to August 31 in any year in the parts of Ontario lying north and west of a line from Georgian Bay to the Ottawa River formed by the southerly boundary of The District Municipality of Muskoka and the southerly and easterly boundaries of the Territorial District of Nipissing, unless the holder of the small game licence,
(a) is hunting small game with a falconry bird or a non-indigenous falconry bird; or
(b) is hunting game birds on a game bird hunting preserve. O. Reg. 262/05, s. 1.
(4) A licence to hunt fox issued to a hunt club is valid only from April 1 to December 31 in any year. O. Reg. 665/98, s. 15 (4).
16. For the purposes of sections 66 and 67 of the Act and Part VIII of the Act, a licence shall be deemed to include a validation tag, a seal if one is issued or any other document that validates a hunting licence under this Regulation. O. Reg. 665/98, s. 16.
17. (1) The holder of a licence who has killed a moose, deer, bear, wild turkey, wolf or coyote shall,
(a) immediately after the kill and at the site of the kill attach the seal provided with or purchased for the licence or licence tag to the game wildlife in the manner indicated on the seal; and
(b) keep the seal attached to the game wildlife while it is being transported and, in the case of wild turkey, keep the seal attached to the wild turkey until it is prepared for consumption. O. Reg. 276/05, s. 1.
(2) A holder of a hunting licence shall not attach the seal provided with the licence or licence tag to a bull moose, cow moose or antlerless deer unless the licence has been validated for hunting the game mammal. O. Reg. 276/05, s. 1.
(3) A licence to hunt deer, moose, bear or wild turkey ceases to be valid when the seal provided with or purchased for the licence or licence tag is attached or ought to have been attached to the carcass of the deer, moose, bear or wild turkey, respectively, as the case may be. O. Reg. 276/05, s. 1.
(4) The seal provided with or purchased for a licence to hunt deer, moose or bear expires at the end of the fourth day after the close of the open season. O. Reg. 276/05, s. 1.
(5) Where a small game licence must be accompanied by a wolf/coyote seal to hunt wolf or coyote, the licence ceases to be valid for hunting wolf or coyote,
(a) if the person holds one wolf/coyote seal, when the seal is attached or ought to have been attached to a wolf or coyote; or
(b) if the person holds two wolf/coyote seals, when both seals have been attached or ought to have been attached to wolves or coyotes. O. Reg. 276/05, s. 1.
(6) A wolf/coyote seal expires on December 31 of the year the seal was issued. O. Reg. 276/05, s. 1.
18. The holder of a licence to hunt moose, deer, bear or wild turkey or the holder of a small game licence and a wolf/coyote seal shall provide the information required on the seal in the manner indicated on the seal immediately after the game wildlife has been killed. O. Reg. 276/05, s. 1.
19. A person, while hunting, shall not possess a seal that was issued to another person. O. Reg. 665/98, s. 19.
20. A holder of a licence to hunt moose, deer, bear or wild turkey or a holder of a small game licence and a wolf/coyote seal shall not attach his or her seal to game wildlife that has been killed by another person. O. Reg. 276/05, s. 2.
21. A licence, outdoors card or component of a licence issued after the day this Regulation comes into force that is shown as being issued under the Game and Fish Act shall be deemed to be a licence, outdoors card or component of a licence issued under this Regulation. O. Reg. 665/98, s. 21.
22. (1) A person may hunt moose, deer or bear in a party with one or more other persons who each hold a valid licence to hunt moose, deer or bear if the person hunts in accordance with this Part. O. Reg. 32/04, s. 3.
(2) A licence that is no longer valid under subsection 17 (3) because the seal provided with the licence has been attached to the carcass of a deer, moose or bear shall be deemed to be valid for the purpose of hunting in a party for the species specified in the licence. O. Reg. 32/04, s. 3.
(3) Despite any limit on the number, sex, age or type of moose, deer or bear that may be killed under this Regulation, a person may hunt in a party for as many moose, deer or bear as there are seals held by the members of the party and not yet attached to any of the wildlife if the following conditions are met by the person and the other members of the party:
1. The total number of moose, deer or bear of a specified sex, age or type killed by the party does not exceed the total number of seals for that sex, age or type held by the members of the party.
2. All members of the party, including the person who holds the seal that is valid for the wildlife that the party is hunting, actively participate in the hunt and hunt co-operatively.
3. All members of the party hunt together in the same wildlife management unit or portion thereof for which the seal is valid.
4. Each member of the party hunts within 5 kilometres of the person who holds the seal that is valid for the wildlife being hunted.
5. Each member of the party is able to reliably and immediately communicate with the other members of the party. O. Reg. 32/04, s. 3.
(4) The person who kills the wildlife shall immediately notify all other members of the party that the wildlife has been killed. O. Reg. 32/04, s. 3.
22.1 If a member of a party kills a moose, deer or bear under the authority of a licence that is held by another member of the party, the holder of the licence shall,
(a) immediately after the kill and at the site of the kill attach the seal provided with the licence or licence tag to the wildlife in the manner indicated on the seal; and
(b) keep the seal attached to the wildlife while it is being transported. O. Reg. 32/04, s. 4.
23. Section 20 does not apply to person who attaches his or her seal to the moose, deer or bear killed by another person who is hunting in a party with him or her. O. Reg. 665/98, s. 23.
24. (1) A person shall not hunt deer in a party in a wildlife management unit set out in section 44 or 46 unless he or she holds a controlled deer hunt validation tag, permit or validation tag required under those sections. O. Reg. 665/98, s. 24 (1).
(2) A non-resident shall not hunt moose in a party in a wildlife management unit unless he or she may hunt in the wildlife management unit under the validation tag that he or she holds. O. Reg. 665/98, s. 24 (2).
(3) A person shall not hunt moose in a party during the open season referred to in subsection 55 (1) unless he or she holds the permission required under that section. O. Reg. 665/98, s. 24 (3).
(4) A non-resident shall not hunt bear in a party in a bear management area or a wildlife management unit unless he or she may hunt in the bear management area or wildlife management unit under the bear hunting validation certificate that he or she holds. O. Reg. 665/98, s. 24 (4).
24.1 (1) No person shall hunt moose in wildlife management unit 65 in a party with more than one other hunter. O. Reg. 147/00, s. 1.
(2) No person who holds a moose hunting licence and a partner permit validated for hunting moose in wildlife management unit 65 shall hunt moose in that unit except as part of a party that includes a person who holds a moose hunting licence validated for hunting moose in that unit. O. Reg. 147/00, s. 1.
(3) The holder of the partner permit referred to in subsection (2) shall not attach a seal to a moose killed in wildlife management unit 65. O. Reg. 147/00, s. 1.
25. (1) A reference in this section to a table is a reference to a Table set out in Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 665/98, s. 25 (1); O. Reg. 581/99, s. 1 (1).
(2) Except as otherwise provided in this Regulation, a person shall not hunt a species of game wildlife specified in a Table unless the person hunts the species,
(a) in an area specified in the Table; and
(b) during the open season applicable to the person and to the area, as specified in the Table. O. Reg. 665/98, s. 25 (2); O. Reg. 581/99, s. 1 (2).
(3) A person shall not kill or capture in one day or possess at any time more of a species of small game than the number specified in a Table if the number is specified. O. Reg. 665/98, s. 25 (3); O. Reg. 581/99, s. 1 (3).
(3.1) A person hunting game birds or small game on the same day during the open seasons established under Tables 7 and 7.1 or Tables 9 and 9.1 shall not kill in one day, or possess at any time, more of a species than the number specified for that species for the wildlife management unit in Table 7 or 9. O. Reg. 262/05, s. 2.
(4) If a Table limits hunting to a specific time period during the day, a person shall not hunt except during the time period specified. O. Reg. 665/98, s. 25 (4); O. Reg. 581/99, s. 1 (4).
(5) Wildlife referred to in clauses 5 (2) (a) and 6 (1) (h) of the Act and chukar partridge released under section 54 of the Act may be hunted at any time of the year. O. Reg. 665/98, s. 25 (5).
26. (1) The holder of a hunting or trapping licence shall wear a garment in hunter orange and a head cover in hunter orange while hunting wildlife,
(a) during the open seasons for deer or moose, other than the seasons restricted to the use of bows only; and
(b) during the fall open season for bear. O. Reg. 665/98, s. 26 (1).
(2) The garment referred to in subsection (1) must be solid and not open mesh clothing with a minimum total area of not less than 400 square inches above the waist and visible from all sides. O. Reg. 665/98, s. 26 (2).
(3) Clause (1) (a) does not apply to a person who is hunting migratory game birds other than woodcock. O. Reg. 665/98, s. 26 (3).
(4) Clause (1) (b) does not apply to a person,
(a) who hunts small game;
(b) who hunts wildlife, other than bear, authorized by a trapping licence on his or her trapline; or
(c) who is in a tree stand while hunting bear. O. Reg. 665/98, s. 26 (4).
(5) In this section,
“hunter orange” means a daylight fluorescent orange colour with a dominant wave length between 595 and 605 nanometers, excitation purity of not less than 85 per cent and a luminance factor of not less than 40 per cent, but does not include camouflage hunter orange colouring. O. Reg. 665/98, s. 26 (5).
27. The following constitute a resident licence to hunt small game:
1. A small game licence tag affixed to an outdoors card.
2. An e-licence accompanied by an outdoors card containing the same 15 digit number as the e-licence or by a temporary outdoors card containing the same personal information under which the e-licence was obtained.
3. During the period between an application for the renewal of an outdoors card and the receipt of the outdoors card, an e-licence accompanied by an expired outdoors card containing the same 15 digit number as the e-licence or by an expired temporary outdoors card containing the same personal information under which the e-licence was obtained. O. Reg. 350/04, s. 3.
28. (1) A resident small game licence authorizes a resident to hunt,
(a) game birds, other than wild turkey;
(b) game birds including wild turkey on a game bird hunting preserve;
(c) game mammals other than big game;
(d) furbearing mammals other than badger, beaver, bobcat, fisher, lynx, marten, mink, muskrat, otter, polar bear, red squirrel or wolverine; and
(e) wildlife that may be hunted under clauses 6 (1) (g) and (h) of the Act. O. Reg. 665/98, s. 28 (1).
(2) A resident is authorized to hunt raccoon at night if the resident holds a licence to hunt raccoon at night and a resident small game licence. O. Reg. 665/98, s. 28 (2).
29. (1) A non-resident small game licence authorizes a non-resident to hunt,
(a) game birds, other than wild turkey;
(b) game birds including wild turkey on a game bird hunting reserve;
(c) varying hare, cottontail, European hare, gray squirrel, fox squirrel, raccoon, red fox, gray fox, coyote and wolf; and
(d) migratory game birds. O. Reg. 291/04, s. 1.
(2) A non-resident may hunt game birds including wild turkey on a game bird hunting preserve when authorized by a licence for that purpose without any other licence. O. Reg. 665/98, s. 29 (2).
(3) A non-resident small game licence is not valid for hunting raccoon at night. O. Reg. 665/98, s. 29 (3).
29.1 (1) Despite clauses 28 (1) (d) and 29 (1) (c), a holder of a small game licence is not authorized to hunt wolf or coyote in the wildlife management units listed in paragraph 1 unless the licence is accompanied by a wolf/coyote seal:
1. 1 to 10, 11A, 11B, 12 to 42, 46, 47, 48, 49, 50, 53, 54, 55, 56, 57 and 58. O. Reg. 276/05, s. 3.
(2) A person shall not apply for or possess more than two wolf/coyote seals in the same year. O. Reg. 276/05, s. 3.
(3) The holder of a wolf/coyote seal shall complete the questionnaire relating to the hunting activities carried out under that seal in the form required by the Ministry and return it to the office of the Ministry specified in the questionnaire on or before January 15 of the year following the issue of the seal. O. Reg. 276/05, s. 3.
30. A non-resident small game licence is not valid for hunting cottontail or European hare in the counties of Lambton, Kent or Essex, except in the Township of Pelee. O. Reg. 665/98, s. 30.
31. A small game licence authorizes a resident or a non-resident to trap varying hare, cottontail, European hare, gray squirrel or fox squirrel, by means of a box trap, cage trap or net. O. Reg. 665/98, s. 31.
32. (1) The holder of a small game licence is authorized to hunt wild turkey with a beard if he or she also holds a licence to hunt wild turkey. O. Reg. 665/98, s. 32 (1).
(2) An applicant for a licence to hunt wild turkey must have successfully completed a wild turkey hunter education program approved by the Ministry in order to obtain the licence. O. Reg. 665/98, s. 32 (2).
33. (1) A person is not eligible to apply for and shall not possess more than two licences to hunt wild turkey in one year. O. Reg. 665/98, s. 33 (1).
(2) The holder of a licence to hunt wild turkey shall take the intact carcass of a wild turkey, with or without entrails, killed by him or her to a person designated by the Minister to register wild turkeys no later than 12 noon on the day following the day the wild turkey was killed. O. Reg. 372/04, s. 1.
(3) The holder of a licence to hunt wild turkey shall not kill more than one wild turkey with a beard. O. Reg. 665/98, s. 33 (3).
(4) Subsection (3) does not apply to a person who holds a second licence to hunt wild turkey and a second seal provided with the licence. O. Reg. 665/98, s. 33 (4).
(4.1) A person shall not kill more than one wild turkey in a day. O. Reg. 94/99, s. 1.
(5) A person shall not kill more than two wild turkeys with a beard during an open season or possess more than two at one time. O. Reg. 665/98, s. 33 (5).
(6) A person shall not hunt wild turkey using,
(a) a live decoy;
(b) an electronic call; or
(c) corn, wheat, oats or other grain, pulse or any other feed, or an imitation of any of these that may attract wild turkey. O. Reg. 94/99, s. 1.
34. Despite subsection 17 (3), a person who has killed a wild turkey under a licence may continue to hunt wild turkey with another licensed hunter but may not carry or use a firearm. O. Reg. 665/98, s. 34.
35. This Part does not apply when hunting wild turkey on a game bird hunting preserve as authorized under section 98. O. Reg. 665/98, s. 35.
PART VII
FROGS AND SNAPPING TURTLES
36.(1)In this section,
“northern leopard frog” means a member of the species Rana pipiens. O. Reg. 197/00, s. 1.
(2)Despite section 2, a person who is licensed to sport fish under Ontario Regulation 664/98 (Fish Licensing) may hunt for bullfrogs, snapping turtles or other frogs that are not specially protected amphibians. O. Reg. 197/00, s. 1.
(3)A person who captures or kills frogs under subsection (2) shall not catch in one day or possess at any time more than,
(a) 12 northern leopard frogs; and
(b) one specimen of any other frog species that is not a specially protected amphibian. O. Reg. 197/00, s. 1.
37. A licence to capture or kill bullfrogs for sale authorizes a resident to hunt bullfrogs in the numbers and in the areas specified in the licence. O. Reg. 665/98, s. 37.
38. (1) A person shall not hunt bullfrogs in The Regional Municipality of Ottawa-Carleton, the counties of Prescott and Russell, Stormont, Dundas and Glengarry, Leeds and Grenville, Lanark, Frontenac, Lennox and Addington, Prince Edward, Northumberland, Peterborough and Victoria, or in the townships in the County of Hastings south of, and including, the townships of Marmora and Lake, Tudor and Cashel, and Elzevir and Grimsthorpe. O. Reg. 665/98, s. 38 (1).
(2) Despite subsection 25 (5), a person shall not hunt frogs in that part of Nogies Creek, in the townships of Galway and Harvey in the County of Peterborough, lying south of the dam at the southerly extremity of Bass Lake in the Township of Galway, and lying within lots 9 and 10 in Concession I and Lot 9 in Concession II in the Township of Galway and lots 27, 28, 29 and 30 in Concession XVII and lots 27, 28, 29, 30, 31 and 32 in Concession XVI in the Township of Harvey. O. Reg. 665/98, s. 38 (2).
39. A person shall not remove the upper shell from any snapping turtle carcass until immediately before it is prepared for consumption. O. Reg. 665/98, s. 39.
40. (1) A deer licence tag affixed to an outdoors card constitutes a resident licence to hunt deer. O. Reg. 665/98, s. 40 (1).
(2) A resident licence to hunt deer authorizes the holder to hunt only antlered deer unless the holder also holds a seal authorizing the hunting of antlerless deer. O. Reg. 164/04, s. 1.
(3) A farmer’s licence to hunt deer authorizes a resident farmer to hunt only antlered deer unless the holder also holds a seal authorizing the hunting of antlerless deer. O. Reg. 164/04, s. 1.
(4) A resident licence to hunt deer or a farmer’s licence to hunt deer and an antlerless deer validation tag authorizes the holder to hunt either antlered or antlerless deer in the area and under the condition specified on the tag. O. Reg. 665/98, s. 40 (4).
41. A resident licence to hunt deer or a farmer’s licence to hunt deer and a controlled deer hunt validation tag authorizes the holder to hunt deer of the type, in the area and under the conditions specified on the tag. O. Reg. 665/98, s. 41.
42. A non-resident licence to hunt deer authorizes a non-resident to hunt only antlered deer unless the holder also holds a seal authorizing the hunting of antlerless deer. O. Reg. 164/04, s. 2.
43. (1) A person who holds a licence to hunt deer shall not kill more than one deer under the licence or, if the person has been issued more than one seal, more deer than the total number of seals issued to the person. O. Reg. 262/05, s. 3.
(2) In addition to the seal issued with a licence to hunt deer, one or more additional seals may be issued for the whole or any part of a wildlife management unit for which there is an open season in Table 5 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 262/05, s. 3.
(3) A person shall hunt in accordance with any conditions that may be specified on the seal with respect to the type of deer that may be hunted, the manner of hunting and the area in which the hunting may occur. O. Reg. 262/05, s. 3.
44. (1) The holder of a resident licence to hunt deer or farmer’s licence to hunt deer shall not hunt deer in wildlife management unit 82C or 93C unless the licence holder has a permit or validation tag permitting the holder to hunt deer of the type specified on the tag. O. Reg. 665/98, s. 44 (1).
(2) The permit or validation tag is valid for the period specified in it. O. Reg. 665/98, s. 44 (2).
(3) Only seals identifying wildlife management unit 93C may be used in that unit. O. Reg. 665/98, s. 44 (3).
(4) The holder of a permit or a validation tag for wildlife management unit 93C may kill two deer of the type specified on the tag in the wildlife management unit and during the period specified in the permit or validation tag. O. Reg. 665/98, s. 44 (4).
(5) This section does not apply to a person who hunts deer in wildlife management units 82C and 93C during the season which is restricted to the use of bows. O. Reg. 665/98, s. 44 (5); O. Reg. 581/99, s. 2.
45. (1) A person shall affix an antlerless deer validation tag to the seal provided with the person’s licence tag before the hunt. O. Reg. 665/98, s. 45 (1).
(2) A person who holds an antlerless deer validation tag or a controlled deer hunt validation tag shall not hunt antlerless deer in a wildlife management unit other than the one specified on the validation tag unless the person also holds a seal authorizing the hunting of antlerless deer in a different area than the one specified on the validation tag. O. Reg. 164/04, s. 4.
(3) A person shall not apply for more than one antlerless deer validation tag and shall not possess more than one antlerless deer validation tag at the time of the hunt. O. Reg. 665/98, s. 45 (3).
(4) Revoked: O. Reg. 164/04, s. 4.
46. (1) Despite section 40, a holder of a resident licence to hunt deer or a farmer’s licence to hunt deer shall not hunt deer without a controlled deer hunt validation tag in the following wildlife management units: 53B, 69A-2, 70, 76A, 76B, 76C, 76D, 76E, 77A, 77B, 77C, 78A, 78B, 79A, 79C, 79D, 80, 81A, 81B, 85A, 85B, 85C, 86A, 86B, 87B, 87C, 87D, 87E, 89A, 89B, 90A, 90B, 91A, 91B, 92A, 92B, 92C, 92D, 93A, 93B and 94B. O. Reg. 665/98, s. 46 (1); O. Reg. 164/04, s. 5 (1).
(1.1) Despite section 40, a holder of a resident licence to hunt deer or a farmer’s licence to hunt deer shall not hunt deer in the areas and open season periods described in item 43.2 in Table 5 of Ontario Regulation 670/98 (Open Seasons — Wildlife) without a controlled deer hunt validation tag valid for the period, in the area and under the conditions specified in the item. O. Reg. 350/01, s. 3; O. Reg. 164/04, s. 5 (2).
(2) A person shall not hunt deer in a wildlife management unit set out in subsection (1) except in accordance with the conditions specified on the tag. O. Reg. 665/98, s. 46 (2).
(3) The holder of a controlled deer hunt validation tag shall carry it while hunting in a controlled deer hunt. O. Reg. 665/98, s. 46 (3).
(4) A person is not eligible to apply for more than one controlled deer hunt validation tag and shall not possess more than one controlled deer hunt validation tag at the time of the hunt. O. Reg. 665/98, s. 46 (4).
(5) Despite subsection (1), a person does not require a controlled deer hunt validation tag if the person is hunting in a hunt where only bows may be used. O. Reg. 665/98, s. 46 (5).
47. A person who is permitted to hunt deer in wildlife management unit 82C under section 44 shall,
(a) if the person arrives driving a motor vehicle, park it in a designated parking area; and
(b) before leaving the wildlife management unit, report to the person in charge at a station designated by the Ministry and produce for inspection any deer killed by him or her. O. Reg. 665/98, s. 47.
48. (1) A person to whom a permit or validation tag, including a controlled deer hunt validation tag, has been issued to hunt deer in a wildlife management unit shall complete a questionnaire provided with it and return it to the office of the Ministry specified in the questionnaire within 14 days following the last day of the hunt specified in the permit or validation tag. O. Reg. 665/98, s. 48 (1).
(2) A person who refuses or neglects to return the completed questionnaire is ineligible, in the current or subsequent year,
(a) to receive a permit or validation tag to hunt in the wildlife management unit for which he or she has failed to return the questionnaire; or
(b) if the questionnaire was provided with a controlled deer hunt validation tag, to receive a controlled deer hunt validation tag for any wildlife management unit. O. Reg. 665/98, s. 48 (2).
49. (1) A licence to hunt deer is not valid for hunting deer on Barrie Island, Cockburn Island or Manitoulin Island in the Territorial District of Manitoulin, unless the licence holder carries with his or her licence and produces on the request of a conservation officer a consent form supplied by the Ministry and signed by the owner of the land on the island on which the holder of the licence is hunting deer. O. Reg. 665/98, s. 49 (1).
(2) Subsection (1) does not apply if the holder of the licence is the owner of land and hunts on that land. O. Reg. 665/98, s. 49 (2).
50. In this Part,
“registered guest” means a person who,
(a) contracts for accommodation with a tourist outfitter,
(b) has his or her name entered in the register kept by the tourist outfitter, and
(c) is actually accommodated, during the hunt, on the premises of the tourist outfitter or on a Crown land site if authorized for occupancy by the district manager of the Ministry for that area;
“tourist outfitter” means a person who,
(a) operates a tourist establishment and provides overnight accommodation and customary services to moose hunters in a wildlife management unit that has an open season for moose,
(b) is an air carrier licensed by the Canadian Transport Commission and Transport Canada and provides air transportation to a hunting outpost site, and customary services to moose hunters, in a wildlife management unit that has an open season for moose, or
(c) operates a minimum of four houseboats or charterboats, approved by the Ontario Moose and Bear Allocation Advisory Committee appointed by the Minister, in a wildlife management unit that has an open season for moose and which provide,
(i) accommodation facilities, including a fixed head, on each boat for a minimum of four overnight guests, and
(ii) housekeeping and customary services to moose hunters. O. Reg. 665/98, s. 50.
51. (1) A person who holds a licence to hunt moose shall not kill more than one moose under that licence. O. Reg. 665/98, s. 51.
(2) In wildlife management units 30 and 31, a person who holds a licence to hunt moose shall not hunt moose that are predominantly white in colour. O. Reg. 52/06, s. 2.
52. (1) A moose licence tag affixed to an outdoors card constitutes a resident licence to hunt moose. O. Reg. 16/04, s. 1.
(2) A resident licence to hunt moose authorizes the holder to hunt only calf moose. O. Reg. 16/04, s. 1.
(3) A resident licence to hunt moose and a moose validation tag authorize the holder to hunt either a bull moose or cow moose, as specified on the validation tag in the area and under the conditions specified on the tag. O. Reg. 16/04, s. 1.
(4) A resident who holds a moose validation tag shall affix the moose validation tag to the seal provided with the moose licence tag before the hunt. O. Reg. 16/04, s. 1.
52.1 (1) In wildlife management unit 65, the holder of a resident licence to hunt moose shall not hunt moose unless the holder has,
(a) a validation tag permitting him or her to hunt moose of a specific age and sex in that unit; or
(b) a partner permit permitting the holder to hunt in a party with the holder of a validation tag described in clause (a). O. Reg. 16/04, s. 1.
(2) A licence referred to in subsection (1) is not valid for hunting moose on private land in wildlife management unit 65 if the land is not owned by the licence holder, unless the licence holder has on his or her person the written consent of the owner of the private land on a form provided for that purpose by the Ministry. O. Reg. 16/04, s. 1.
(3) The holder of a permit or validation tag to hunt moose in wildlife management unit 65 who is provided a questionnaire relating to the hunting activities carried out under that permit or validation tag shall complete the questionnaire and return it to the office of the Ministry specified in the questionnaire within 14 days following the last day of the hunt specified in the permit or validation tag. O. Reg. 16/04, s. 1.
(4) A person who does not return the completed questionnaire as required under subsection (3) is ineligible to receive a permit or validation tag to hunt moose in wildlife management unit 65 for the year following the year in which the return is required. O. Reg. 16/04, s. 1.
52.2 (1) In wildlife management units 48, 55A, 55B and 57, the holder of a resident licence to hunt moose shall not hunt calf moose unless the holder,
(a) has a calf moose validation tag for the wildlife management unit; or
(b) hunts in a party under section 22 with a person who has a seal validated for calf moose for that wildlife management unit. O. Reg. 16/04, s. 1.
(2) The holder of a validation tag to hunt moose in wildlife management unit 48, 55A, 55B or 57 shall take the field dressed carcass and jaw of a moose killed under the validation tag to a location designated by the Minister within 48 hours of the end of last day of the hunt specified on that validation tag. O. Reg. 16/04, s. 1.
(3) The holder of a validation tag to hunt moose in wildlife management unit 48, 55A, 55B or 57 who is provided a questionnaire relating to the hunting activities carried out under that validation tag shall complete the questionnaire and return it to the office of the Ministry specified in the questionnaire within 14 days following the last day of the hunt specified in the permit or validation tag. O. Reg. 16/04, s. 1.
(4) A person who fails to comply with subsection (2) or who does not return the completed questionnaire as required under subsection (3) is ineligible to receive a validation tag to hunt moose in wildlife management unit 48, 55A, 55B or 57 for the year following the year in which the return is required. O. Reg. 16/04, s. 1.
53. (1) A non-resident licence to hunt moose and a validation tag authorize the holder to hunt the type of moose specified on the tag in the area and under the conditions specified on the tag. O. Reg. 665/98, s. 53 (1).
(2) A non-resident shall affix his or her moose validation tag to his or her licence to hunt moose before the hunt. O. Reg. 665/98, s. 53 (2).
(3) A non-resident licence to hunt moose is not valid for hunting moose unless a validation tag is affixed to the licence in the place provided for it before the hunt and the non-resident is,
(a) hunting with a person who is an immediate relative and who holds a resident licence to hunt moose;
(b) at the time of the hunt, a registered guest; or
(c) at the time of the hunt, the owner of land in the wildlife management unit that has an open season for moose for non-residents. O. Reg. 665/98, s. 53 (3); O. Reg. 78/00, s. 2; O. Reg. 348/05, s. 2.
(4) A non-resident licence to hunt moose is not valid under clause (3) (c) in wildlife management units 7B, 9B, 11A, 11B, 12B, 13 or 14. O. Reg. 95/99, s. 1.
(5) A non-resident who proposes to hunt moose as a registered guest in accordance with clause (3) (b) shall not be issued a licence unless he or she holds a moose validation tag. O. Reg. 95/99, s. 1.
(6) A non-resident who proposes to hunt moose and who is not a registered guest shall not be issued a moose validation tag unless he or she holds a licence to hunt moose. O. Reg. 95/99, s. 1.
(7) A tourist outfitter may apply for a moose validation tag on behalf of a registered guest. O. Reg. 95/99, s. 1.
(8) A resident who has obtained a moose validation tag from a tourist outfitter shall be a registered guest of that outfitter during the hunt. O. Reg. 95/99, s. 1.
(9) A tourist outfitter shall not issue a moose validation tag to a person who is not a registered guest. O. Reg. 95/99, s. 1.
(10) No person, except a tourist outfitter on behalf of his or her registered guests,
(a) shall apply for more than one moose validation tag; or
(b) shall possess more than one moose validation tag during the hunt. O. Reg. 95/99, s. 1.
54. (1) A holder of a resident licence to hunt moose shall not hunt bull moose or cow moose in any wildlife management unit other than the wildlife management unit specified on the validation tag unless the holder is hunting in a party under section 22 in a wildlife management unit with a person who has a seal validated for bull moose or cow moose for that wildlife management unit. O. Reg. 665/98, s. 54 (1).
(2) A non-resident licence to which a calf moose validation tag is affixed is valid for hunting in any wildlife management unit during an open season for non-residents in the wildlife management unit if the holder of a licence,
(a) is a registered guest; or
(b) is hunting with a person who is an immediate relative and who holds a resident licence to hunt moose. O. Reg. 665/98, s. 54 (2); O. Reg. 78/00, s. 3; O. Reg. 348/05. s. 3.
(3) If the holder of a non-resident licence to hunt calf moose obtained his or her licence under clause 53 (3) (c) as the owner of land in a wildlife management unit, his or her licence is only valid for hunting calf moose in the specified wildlife management unit during an open season for non-residents in the wildlife management unit. O. Reg. 665/98, s. 54 (3).
(4) Only one moose validation tag shall be issued for each parcel of land under subsection (3). O. Reg. 665/98, s. 54 (4).
(5) If a non-resident holds a validation tag to hunt moose that authorizes hunting in a wildlife management unit during an open season that is restricted to the use of bows or flint-lock or percussion cap muzzle-loading guns, the validation tag expires with the last day of that open season unless the holder has not killed a moose, in which case he or she may,
(a) if subsection (2) applies, hunt calf moose in any wildlife management unit during an open season for non-residents in the wildlife management unit; or
(b) if subsection (3) applies, hunt calf moose during a subsequent open season for non-residents in the wildlife management unit specified on the tag. O. Reg. 665/98, s. 54 (5).
55. (1) The holder of a resident licence to hunt moose shall not hunt moose in the areas and open season periods described in items 1.1 and 5 in Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife) unless the licence bears a permission furnished by the Ministry permitting the holder to hunt moose of a specified age and sex under specified conditions. O. Reg. 147/00, s. 3.
(2) The permission may be given only to persons whose mobility is impaired to the extent described in subsection 93 (1) or to persons assisting them. O. Reg. 665/98, s. 55 (2).
(3) An assistant whose licence bears a permission shall not hunt or use a firearm to hunt moose unless the assistant,
(a) holds a partner permit issued under clause 52.1 (1) (b); or
(b) is retrieving moose shot by the person whose mobility is impaired. O. Reg. 350/01, s. 4; O. Reg. 16/04, s. 2.
(4) A person who bears a permission shall complete the questionnaire provided with the permission and return it to the office of the Ministry specified in the questionnaire before the fourth Friday in October. O. Reg. 665/98, s. 55 (4).
(5) A person who refuses or neglects to return the completed questionnaire is ineligible to receive a permission in a subsequent year. O. Reg. 665/98, s. 55 (5).
56. In this Part,
“bear hunting services” means bear guiding or baiting services rendered by a person to non-resident bear hunters;
“bear management area” means an area described in Part 2 of Ontario Regulation 663/98 (Area Descriptions);
“farm vacation house” means a house on land used for agricultural purposes, designed, fitted or employed as a temporary dwelling for a person on vacation;
“houseboat” means a boat designed, fitted or employed as a temporary or permanent dwelling;
“tourist operator” means,
(a) a person who operates a tourist establishment and who provides accommodation to non-resident bear hunters or bear hunting services, or
(b) a person who provides non-resident hunters with,
(i) accommodation in a farm vacation house, on a houseboat or on lands of an Indian band,
(ii) bear hunting services, or
(iii) air transportation to a hunting outpost site by an air carrier licensed by the Canadian Transport Commission and Transport Canada and customary services to bear hunters. O. Reg. 665/98, s. 56.
57. (1) A licence to provide bear hunting services under clause 32 (2) (b) of the Act authorizes the holder to provide bear hunting services in an area designated in his or her licence and to issue bear hunting licence validation certificates. O. Reg. 665/98, s. 57 (1).
(2) The holder of the licence is authorized to provide the services on,
(a) Crown land in the bear management area designated in his or her licence;
(b) private land for which he or she has permission to provide the services that is located within the bear management area designated in his or her licence; and
(c) private land for which he or she has permission to provide the services that is located within a wildlife management unit designated in his or her licence but that is not within a bear management area. O. Reg. 665/98, s. 57 (2).
58. (1) A person who holds a licence to hunt bear shall not kill more than one bear under the licence. O. Reg. 665/98, s. 58.
(2) Despite subsection (1), a resident may kill a second bear under a licence to hunt bear if the resident is issued a second seal and the hunting is carried out in the manner and in the area specified on the seal. O. Reg. 291/04, s. 2.
59. (1) A bear licence tag affixed to an outdoors card constitutes a resident licence to hunt bear. O. Reg. 665/98, s. 59.
(2) The holder of a resident licence to hunt bear shall complete the questionnaire relating to the hunting activities carried out under that licence in the form established by the Minister and return it to the office of the Ministry specified in the questionnaire by December 15 in the year of the hunt. O. Reg. 23/06, s. 1.
60. (1) A non-resident licence to hunt bear and a bear hunting licence validation certificate authorize the holder to hunt bear in the area and subject to the conditions specified in the certificate. O. Reg. 665/98, s. 60 (1).
(2) A non-resident licence to hunt bear is not valid for hunting bear unless a bear hunting licence validation certificate signed by an authorized employee of the Ministry or a holder of a bear hunting services licence is attached to it and the holder of the licence,
(a) is hunting with a person who is an immediate relative and who holds a resident licence to hunt bear;
(b) at the time of the hunt, owns land in a wildlife management unit that has an open season for bear for non-residents; or
(c) at the time of the hunt, has contracted for bear hunting services with the holder of the bear hunting services licence and is accommodated,
(i) on the premises of the tourist operator,
(ii) on Crown land, the occupation of which is authorized by the district manager of an administrative district or the area supervisor within the district of the Ministry, or
(iii) on privately owned land with the consent of the owner. O. Reg. 665/98, s. 60 (2); O. Reg. 78/00, s. 4; O. Reg. 348/05, s. 4.
(3) An owner of land referred to in clause (2) (b) shall not hunt in a wildlife management unit other than the wildlife management unit in which the land is located. O. Reg. 665/98, s. 60 (3).
(4) Only one bear hunting licence validation certificate shall be issued for each parcel of land described in clause (2) (b). O. Reg. 665/98, s. 60 (4).
(5) No person, other than an authorized employee of the Ministry or a holder of the bear hunting services licence to whom bear hunting validation certificates have been delivered and whose signature is on file with the district manager or area supervisor of the Ministry for the purposes of issuing a certificate, shall issue a certificate. O. Reg. 665/98, s. 60 (5).
(6) A bear hunting licence validation certificate is not transferable. O. Reg. 665/98, s. 60 (6).
(7) A holder of the bear hunting services licence shall not issue a bear hunting licence validation certificate to a non-resident hunter unless the hunter has contracted with the holder for bear hunting services. O. Reg. 665/98, s. 60 (7).
(8) A holder of the bear hunting services licence shall not issue a certificate to a non-resident hunter to hunt bear,
(a) in a bear management area other than the one in which he or she is authorized by the Minister to provide bear hunting services; or
(b) on private land that is in a bear management area in which another holder of the bear hunting services licence is authorized by the Minister to provide bear hunting services. O. Reg. 665/98, s. 60 (8).
(9) A bear hunting licence validation certificate shall be issued in quadruplicate and the issuer shall,
(a) give an original copy to the applicant;
(b) complete the part of the certificate preceding the hunter’s report;
(c) present the triplicate copy to the applicant for the completion of the report upon conclusion of the hunt;
(d) retain the duplicate copy for not less than one year after the day on which the certificate expires;
(e) return the remaining two copies of each issued certificate with the completed hunter’s report to the district manager or area supervisor of the Ministry for the area in which the certificate was issued on or before,
(i) July 10 in the year the certificate was issued, in the case of a certificate issued before July 1, and
(ii) December 10 in the year the certificate is issued, in all other cases; and
(f) return all four copies of unissued, cancelled or void certificates, on or before December 10 in the year the certificates are delivered to the issuer, to the district manager of the Ministry. O. Reg. 665/98, s. 60 (9).
(10) The bear hunting licence validation certificate is valid for the area and for the period specified on it. O. Reg. 665/98, s. 60 (10).
(11) The holder of a bear hunting licence validation certificate shall complete the report on the third copy of his or her certificate and return it to the issuer on or before,
(a) July 5 of the year in which the certificate was issued, where the closing day of the open season for bear is before July 1; or
(b) November 30 of the year in which the certificate was issued, in all other cases. O. Reg. 665/98, s. 60 (11).
(12) A person who refuses or neglects to return the completed questionnaire in accordance with subsection (11) is ineligible to receive a bear hunting licence validation certificate in the following year. O. Reg. 665/98, s. 60 (12).
61. (1) Despite Ontario Regulation 670/98 (Open Seasons — Wildlife), a person shall not shoot or attempt to shoot a cub or a female bear that is accompanied by a cub during an open season for bear specified in the Table to that Regulation that falls within April, May or June in any year. O. Reg. 665/98, s. 61 (1).
(2) In this section,
“cub” means a bear born in the year of the hunt. O. Reg. 665/98, s. 61 (2).
62. A person shall not hunt a bear within 400 metres of a waste disposal site as defined in the Environmental Protection Act. O. Reg. 665/98, s. 62.
PART XI
HUNTING METHODS AND FIREARM RESTRICTIONS
63. (1) The counties and regional municipalities described in Schedule 1 to Regulation 485 of the Revised Regulations of Ontario, 1990, as that Schedule read on the day before this Regulation came into force, are prescribed for the purpose of clause 17 (1) (d) of the Act. O. Reg. 665/98, s. 63 (1).
(2) The counties and regional municipalities described in Schedule 2 to Regulation 485 of the Revised Regulations of Ontario, 1990, as that Schedule read on the day before this Regulation came into force, are prescribed for the purpose of clause 17 (1) (d) of the Act. O. Reg. 665/98, s. 63 (2).
(3) Subsection (2) applies only for the period when there is an open season for deer in the county or regional municipality that is not a season when only bows may be used to hunt deer. O. Reg. 665/98, s. 63 (3).
64. A person shall not, for the purpose of hunting, while in the area described in the Table to Ontario Regulation 766/94, as that Table read on the day before this Regulation came into force,
(a) possess a firearm, unless the firearm is unloaded and encased; or
(b) use a firearm. O. Reg. 665/98, s. 64.
65. (1) A person shall not, for the purpose of hunting, possess a loaded firearm on land located between a right of way for public vehicular traffic and a fence that demarcates the boundary between the right of way and the adjoining land. O. Reg. 665/98, s. 65 (1).
(2) If there is no fence, a person shall not possess a loaded firearm for the purpose of hunting in the area that is within eight metres from the edge of the travelled portion of the right of way unless the person is on privately owned property. O. Reg. 665/98, s. 65 (2).
(3) This section applies only to the counties and regional municipalities prescribed under section 63. O. Reg. 665/98, s. 65 (3).
66. (1) A person shall not carry or discharge a firearm, other than a long-bow or a cross-bow, for the purpose of hunting on a Sunday, in,
(a) any county except,
(i) the County of Renfrew, other than the Township of Raglan,
(ii) the United Counties of Prescott and Russell, and
(iii) the Township of Haldimand in the County of Northumberland;
(b) any regional municipality lying south of the French and Mattawa rivers;
(c) the City of Toronto; or
(d) the territorial district of Parry Sound, The District Municipality of Muskoka and that part of the Territorial District of Nipissing comprising the geographic townships of Boutler and Chisholm and the parts of the geographic townships of Ballantyne, Butt, Finlayson, McCraney and Paxton lying west of the westerly boundary of Algonquin Provincial Park. O. Reg. 665/98, s. 66 (1).
Note: On September 1, 2006, subsection (1) is revoked and the following substituted:
(1) A person shall not carry or discharge a firearm, other than a long-bow or a cross-bow, for the purpose of hunting on a Sunday, in any area lying south of the French and Mattawa rivers except those municipalities listed in Part 7 of Ontario Regulation 663/98 (Area Descriptions) made under the Act. O. Reg. 23/06, s. 2.
See: O. Reg. 23/06, ss. 2, 4 (2).
(2) Subsection (1) does not apply to a person hunting on a licensed game bird hunting preserve. O. Reg. 665/98, s. 66 (2).
67. (1) A person while hunting with a shotgun in wildlife management unit 7A shall not have in his or her gun or on his or her person any shotgun shell loaded with ball or with shot larger than number two shot during the periods from,
(a) April 15 to June 15 in any year; and
(b) September 1 to December 15 in any year. O. Reg. 665/98, s. 67 (1).
(2) A person shall not hunt with or have in his or her possession while hunting, a rifle of greater calibre or projectile power than the rifle known as a .22-calibre rim-fire rifle in wildlife management unit 7A during the periods from,
(a) April 15 to June 15 in any year; and
(b) September 1 to December 15 in any year. O. Reg. 665/98, s. 67 (2).
(3) The calibre limitation mentioned in subsection (2) does not apply to a flint-lock or percussion cap muzzle-loading rifle. O. Reg. 665/98, s. 67 (3).
(4) Despite subsection (1), a person hunting with a shotgun in wildlife management unit 7A during the periods referred to in subsection (1) may possess and use,
(a) in the case of shot made of steel, shot that is not larger than triple BBB steel shot; or
(b) in the case of shot made of bismuth, shot that is not larger than double BB bismuth shot. O. Reg. 665/98, s. 67 (4).
68. Only bows or flint-lock or percussion cap muzzle-loading guns shall be used for hunting bear in wildlife management unit 7A. O. Reg. 665/98, s. 68.
69. The classes of firearm set out in column 2 of the Table to this section, each consisting of the firearms set out in column 3, are prescribed for the purpose of this Regulation and Ontario Regulation 670/98 (Open Seasons — Wildlife) as the classes of firearm that a person may use or carry to hunt deer or moose.
TABLE
Column 1 |
Column 2 |
Column 3 |
Species |
Class of Firearm |
Content of Class |
Moose, Deer |
Class 1 |
Bow |
Moose, Deer |
Class 2 |
Bow, or flint-lock or percussion cap muzzle-loading gun |
Deer |
Class 3 |
Bow, shotgun, or flint-lock or percussion cap muzzle-loading gun |
Deer |
Class 4 |
Rifle, shotgun, or flint-lock or percussion cap muzzle-loading gun |
Deer |
Class 5 |
Flint-lock or percussion cap muzzle-loading gun |
Deer |
Class 6 |
Shotgun, or flint-lock or percussion cap muzzle-loading gun |
Moose, Deer |
Class 7 |
Bow, rifle, shotgun, or flint-lock or percussion cap muzzle-loading gun |
O. Reg. 581/99, s. 4.
70. A person who hunts deer or moose shall not use or carry a firearm unless the firearm is of a class specified for use during the open season applicable to the species, person and area in Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 581/99, s. 4.
71.-74. Revoked: O. Reg. 581/99, s. 4.
75. A person shall not use a rifle known as a rim-fire rifle, a shotgun smaller than 20 gauge when loaded with shot or any shotgun loaded with shot smaller than SG or number one buck for hunting big game. O. Reg. 665/98, s. 75.
76. A person shall not hunt a ring-necked pheasant with a rifle. O. Reg. 665/98, s. 76.
77. (1) A holder of a small game licence, when in an area during an open season in the area for a species of big game, shall not possess or use,
(a) a rifle of greater calibre or projectile power than a .22-calibre rim-fire rifle chambered for cartridges known as a .22 short, .22 long or .22 long rifle; or
(b) shells loaded with ball or shot larger than number two shot. O. Reg. 665/98, s. 77 (1).
(2) Despite clause (1) (b), a holder of a small game licence, when in an area during an open season in the area for a species of big game, may possess and use,
(a) in the case of shot made of steel, shot that is not larger than triple BBB steel shot; or
(b) in the case of shot made of bismuth, shot that is not larger than double BB bismuth shot. O. Reg. 665/98, s. 77 (2).
(3) Subsection (1) does not apply to a holder of a small game licence hunting in that part of Ontario lying south of the French and Mattawa rivers during an open season for deer that is restricted to the use of bows. O. Reg. 665/98, s. 77 (3).
78. The holder of a small game licence shall not carry or use a rifle of greater calibre than the rifle known as a .275-calibre rifle, except a flint-lock or percussion cap muzzle-loading rifle, in the counties of Brant, Elgin, Essex, Huron, Kent, Lambton, Middlesex, Northumberland, Oxford, Perth and Wellington, the regional municipalities of Durham, Haldimand-Norfolk, Halton, Hamilton-Wentworth, Niagara, Peel, Waterloo and York and the City of Toronto. O. Reg. 665/98, s. 78.
78.1 (1) A person who hunts game birds, other than with a falconry bird or a non-indigenous falconry bird, shall hunt in accordance with Table 7 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 262/05, s. 4.
(2) A person who hunts game birds with a falconry bird or a non-indigenous falconry bird shall hunt in accordance with Table 7.1 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 262/05, s. 4.
(3) A person who hunts small game, other than with a falconry bird or a non-indigenous falconry bird, shall hunt in accordance with Table 9 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 262/05, s. 4.
(4) A person who hunts small game with a falconry bird or a non-indigenous falconry bird shall hunt in accordance with Table 9.1 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 262/05, s. 4.
79. A person who hunts wild turkey shall not use a firearm other than,
(a) a shotgun, including a muzzle-loading shotgun, not larger than number 10 gauge and not smaller than number 20 gauge loaded with shot sizes number 4, 5 or 6; or
(b) a cross-bow, long-bow, arrow or bolt specified in section 82. O. Reg. 665/98, s. 79.
80. The holder of a licence to hunt raccoon at night or of a trapping licence who is hunting raccoon at night shall not,
(a) carry or use a firearm other than a .22-calibre rim-fire rifle chambered for cartridges known as a .22 short, .22 long or .22 long rifle when hunting raccoon; or
(b) possess a firearm while in a vehicle or boat unless it is unloaded and encased. O. Reg. 665/98, s. 80.
81. The holder of both a resident small game licence and a licence to hunt raccoon at night or the holder of a trapping licence hunting in the area described in his or her licence may, if the holder is accompanied by a dog licensed for that purpose,
(a) hunt raccoon at night;
(b) have a loaded and unencased firearm in his or her possession in an area usually inhabited by raccoon while hunting it at night; and
(c) shine a light for that purpose if the light is not attached to or shone from a vehicle or boat. O. Reg. 665/98, s. 81.
82. A person shall not hunt big game with, or have in his or her possession while hunting big game,
(a) a crossbow unless it has,
(i) a draw length of at least 300 millimetres, and
(ii) a draw weight at the release latch mechanism or at some point between the release latch mechanism and the point of string rest of at least 45 kilograms when hunting woodland caribou or deer or at least 54 kilograms when hunting bear, American elk or moose;
(b) a long-bow unless it has, at a draw length of 700 millimetres or less, a draw weight of at least 18 kilograms when woodland caribou or deer are being hunted or at least 22 kilograms when bear, American elk or moose are being hunted;
(c) an arrow that,
(i) is less than 600 millimetres in length,
(ii) has a head that is less than 22 millimetres at its widest part, or
(iii) has a head that has less than two cutting edges that are sharp, unserrated, barbless, straight and made of steel; or
(d) a bolt that has a head that,
(i) is less than 22 millimetres at its widest part, or
(ii) has less than two cutting edges that are sharp, unserrated, barbless, straight and made of steel. O. Reg. 665/98, s. 82.
83. A person shall not hunt big game with a weapon other than a firearm. O. Reg. 665/98, s. 83.
84. (1) A person shall not hunt a bullfrog by means of a firearm other than a long-bow or crossbow. O. Reg. 665/98, s. 84 (1).
(2) A person may hunt bullfrogs at night without a firearm and may shine a light for that purpose. O. Reg. 665/98, s. 84 (2).
85. A person shall not hunt or capture a snapping turtle except,
(a) by means of a box or funnel trap that does not injure or kill the turtle; or
(b) by hand. O. Reg. 665/98, s. 85.
86. (1) For the purpose of subsection 25 (2) of the Act, the following areas are prescribed as areas where a person shall not use or be accompanied by a dog:
1. In the case of hunting deer, during the periods and in the areas specified in the following items of Table 5 of Ontario Regulation 670/98 (Open Seasons — Wildlife):
i. Those items for which the class of firearm is 1, 4, 5 or 6.
ii. Items 39, 40, 42, 43, 43.1.1, 43.2, 45, 47, 65, 67, 68, 72, 73, 74, 76 and 79.
Note: On September 1, 2006, subparagraph ii is amended by adding “43.1.2” after “43.1.1”. See: O. Reg. 23/06, ss. 3, 4 (2).
2. In the case of hunting moose, during the periods and in the areas specified in Items 1.1 and 1.2 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 665/98, s. 86 (1); O. Reg. 581/99, s. 5; O. Reg. 147/00, s. 4 (1); O. Reg. 291/04, s. 4; O. Reg. 262/05, s. 5.
(2) Revoked: O. Reg. 147/00, s. 4 (2).
87. A resident shall not hunt raccoon at night unless accompanied by a dog licensed for that purpose. O. Reg. 665/98, s. 87.
88. Sections 89 and 90 apply to a person who chases wildlife other than in an area enclosed for the purpose of teaching dogs hunting skills or testing the hunting skills of dogs and whose owner or operator is licensed for that purpose under Ontario Regulation 668/98 (Wildlife in Captivity). O. Reg. 665/98, s. 88.
89. (1) The holder of a licence to chase raccoon at night and to chase fox, coyote or wolf during the day may at any time of the year, without an outdoors card, pursue, chase and search for the game wildlife but not kill or capture it. O. Reg. 665/98, s. 89 (1).
(2) The licence described in subsection (1) may be issued to,
(a) a resident; or
(b) an association consisting of natural persons that is incorporated in Ontario for the purpose of hunting or chasing wildlife, conducting field trials or training dogs. O. Reg. 665/98, s. 89 (2).
(3) The licence, when issued to an association described in subsection (2), authorizes a registered member or, subject to subsection (7), a guest of the association to engage in activities in accordance with the licence. O. Reg. 665/98, s. 89 (3).
(4) The licence may be issued to a resident who is 15 years of age if the resident files with the issuer a consent signed,
(a) where the resident resides with his or her parents, by both parents; and
(b) in all other cases, by his or her parent or guardian. O. Reg. 665/98, s. 89 (4).
(5) An association that holds the licence under this section shall not permit a member or guest who is 15 years of age to chase raccoon, red fox, coyote or wolf unless the member or guest files with the association a consent signed,
(a) where the member or guest resides with his or her parents, by both parents; and
(b) in all other cases, by his or her parent or guardian. O. Reg. 665/98, s. 89 (5).
(6) An association shall produce upon the request of a conservation officer a complete list of its guests who participate in a field trial authorized by the association. O. Reg. 665/98, s. 89 (6).
(7) A guest of an association shall not chase raccoon, red fox, coyote or wolf, except in a field trial authorized by the association. O. Reg. 665/98, s. 89 (7).
(8) A person taking part in the chase of raccoon, red fox, coyote or wolf shall not use or carry a firearm during the chase. O. Reg. 665/98, s. 89 (8).
(9) In this section,
“field trial” means an activity to test the hunting skills of a dog. O. Reg. 665/98, s. 89 (9).
90. (1) A licence to hunt fox by a hunt club may be issued to a hunt club that is recognized by or registered with the Masters of Foxhounds Association of America Incorporated or by an organization that has similar standards and that authorizes its members to pursue, chase or search for fox. O. Reg. 665/98, s. 90 (1).
(2) A person shall not, while engaging in activities under the authority of the licence,
(a) kill or capture a red fox;
(b) possess or use a firearm; or
(c) use or be accompanied by less than 12 or more than 50 dogs. O. Reg. 665/98, s. 90 (2).
(3) It is a condition of a licence under subsection (1) that not less than three persons and not more than 125 persons shall engage in activities under the authority of the licence at one time. O. Reg. 665/98, s. 90 (3).
(4) A person who engages in activities under the authority of the licence under this section does not require an outdoors card. O. Reg. 665/98, s. 90 (4).
91. The prohibition under subsection 24 (2) of the Act does not apply to a person who uses a boat for killing, capturing, harassing, pursuing or chasing wildlife other than as a direct instrument of killing, injuring, capturing, harassing, pursuing or chasing wildlife. O. Reg. 665/98, s. 91.
92. A holder of a resident small game licence may use a snare to capture or kill varying hare in the part of Ontario lying north of the French and Mattawa rivers if,
(a) the snare is constructed of copper or brass wire between 22 and 24 gauge, inclusive; and
(b) the snare’s wire loop is not more than 10 centimetres in diameter. O. Reg. 665/98, s. 92.
93. (1) A person may obtain an authorization under subsection 17 (3) of the Act if the person’s mobility is impaired because the person,
(a) is a paraplegic or hemiplegic;
(b) has a single above-the-knee lower limb amputation or a double below-the-waist amputation; or
(c) suffers from a severe disability that prevents the person from hunting except with a wheelchair or similar means of locomotion. O. Reg. 665/98, s. 93 (1).
(2) The person described in clause (1) (c) shall provide a physician’s certificate certifying that the person is impaired to the extent described in clause (1) (c) at the time the person applies for the authorization. O. Reg. 665/98, s. 93 (2).
PART XI.1
HUNTING WILDLIFE IN CAPTIVITY
93.1 All species of wildlife are prescribed for the purpose of clause 41 (1) (b) of the Act. O. Reg. 379/04, s. 1.
94. (1) A person, other than a person who is acting as a guide in the territorial district of Rainy River and Lake St. Clair, is exempt from the requirements of clause 32 (2) (a) of the Act. O. Reg. 665/98, s. 94 (1).
(2) A licence to act as a guide may be issued to a resident or a Canadian citizen. O. Reg. 665/98, s. 94 (2).
(3) The territorial district of Rainy River is prescribed as an area in which,
(a) a non-resident shall not hunt deer or moose without employing a licensed guide; and
(b) two or more non-residents hunting together shall not hunt deer or moose without employing at least one guide for each two non-residents. O. Reg. 665/98, s. 94 (3).
(4) In this section,
“Canadian citizen” means a person who is a permanent resident, as defined in the Immigration Act (Canada), or a citizen, within the meaning of the Citizenship Act (Canada) but is not a resident as defined by section 1 of the Act. O. Reg. 665/98, s. 94 (4).
95. (1) Migratory game birds are prescribed as wildlife for which a licence to act as a guide is required in Lake St. Clair. O. Reg. 665/98, s. 95 (1).
(2) All species of wildlife are prescribed as wildlife for which a licence to act as a guide is required for the territorial District of Rainy River. O. Reg. 665/98, s. 95 (2).
96. (1) A licence to own or operate a game bird hunting preserve may be issued for an area of not less than 40 hectares or more than 243 hectares if,
(a) the issuance of the licence does not result in the licensing of more than 243 hectares of land in a concession of a township; and
(b) the preserve is not situated within 400 metres of another game bird hunting preserve. O. Reg. 665/98, s. 96 (1).
(2) Subsection (1) does not apply to an island wholly owned by the holder of a licence to own or operate a game bird hunting preserve or an Indian reserve. O. Reg. 665/98, s. 96 (2).
(3) A person licensed under subsection (1) is exempt from the requirements of subsection 40 (1) of the Act with respect to the species of game birds for which the licence is valid. O. Reg. 665/98, s. 96 (3).
97. The Minister may authorize the transfer of a licence to own or operate a game bird hunting preserve upon such terms as the Minister considers proper. O. Reg. 665/98, s. 97.
98. (1) Northern bobwhite, ring-necked pheasants and wild turkeys on a game bird hunting preserve may be hunted at any time of the year. O. Reg. 665/98, s. 98 (1).
(2) Any restrictions set out in the Table to Ontario Regulation 670/98 (Open Seasons — Wildlife) do not apply to a person who hunts northern bobwhite, ring-necked pheasant or wild turkey on a game bird hunting preserve. O. Reg. 665/98, s. 98 (2).
99. (1) A person shall not remove from a game bird hunting preserve a northern bobwhite, ring-necked pheasant or wild turkey unless he or she has first obtained from the owner or operator of the preserve a statement that shows,
(a) the name and address of the game bird hunting preserve where the bird was obtained;
(b) the name and address of the person entitled to remove the game bird from the game bird hunting preserve;
(c) the date on which the bird was obtained; and
(d) the number of birds of each species obtained. O. Reg. 665/98, s. 99 (1).
(2) The person named in the statement shall retain the statement for as long as any game bird described in it is in his or her possession and shall show the statement to any conservation officer when so requested by the officer. O. Reg. 665/98, s. 99 (2).
(3) The holder of a licence to own or operate a game bird hunting preserve shall deliver the statement referred to in subsection (1) to any person who is entitled to remove a northern bobwhite, ring-necked pheasant or wild turkey from his or her game bird hunting preserve before the bird is removed. O. Reg. 665/98, s. 99 (3).
PART XIII
CROWN GAME PRESERVES
100. This Part applies to Crown game preserves described in Appendix A and Schedules 1 to 11 of Appendix B of Regulation 484 of the Revised Regulations of Ontario, 1990, as those appendices read on the day before this Regulation came into force. O. Reg. 665/98, s. 100.
101. The parts of Ontario described in Appendix A and Schedules 1 to 11 of Appendix B are prescribed as Crown game preserves. O. Reg. 665/98, s. 101.
102. A person who lives on a Crown game preserve is exempt from the prohibition set out in subsection 9 (2) of the Act with respect to that part of the preserve owned or occupied by the person. O. Reg. 665/98, s. 102.
102.1 A person hunting on the portion of the Himsworth Crown Game Preserve, described as part of the township of North Himsworth composed of Lot 6, Concession XVIII, is exempt from the prohibitions set out in subsections 9 (1) and (2) of the Act. O. Reg. 526/00, s. 1.
PART XIV
HUNTING IN PROVINCIAL PARKS AND ON DESIGNATED CROWN LAND
103. A reference to a Schedule in this Part, unless otherwise provided, is a reference to the Schedule bearing the same number as the Schedule set out in Part 3 of Ontario Regulation 663/98 (Area Descriptions). O. Reg. 380/00, s. 1.
104. A person shall not hunt in a provincial park or on Crown land described in Part 3 of Ontario Regulation 663/98 (Area Descriptions), except in accordance with this Part. O. Reg. 380/00, s. 1.
105. The provisions relating to hunting in this Regulation and in other Regulations made under the Act and the Migratory Birds Regulations made under the Migratory Birds Convention Act, 1994 (Canada) apply to hunting in a provincial park or on Crown land referred to in section 104, except as otherwise provided under this Part. O. Reg. 665/98, s. 105.
106. (1) Subject to section 114, a person who hunts according to the Act and the regulations in a provincial park may,
(a) possess a firearm for the purpose of hunting; and
(b) possess any wildlife that is legally killed by him or her in the provincial park. O. Reg. 665/98, s. 106 (1).
(2) The firearm referred to in subsection (1) shall remain unloaded and encased except while the person is in the immediate area of the hunt or the blind, if one is used. O. Reg. 665/98, s. 106 (2).
107. (1) Subject to section 114, the holder of a licence to hunt may possess a firearm that is unloaded and encased when occupying a camp site, as defined in Regulation 952 of the Revised Regulations of Ontario, 1990, in a provincial park and while travelling in a vehicle either on a road leading directly to or from the camp-site or directly through the park. O. Reg. 665/98, s. 107 (1).
(2) The holder of a small game licence may possess in any area set out in subsection (1) any wildlife that was legally killed or captured under that licence. O. Reg. 665/98, s. 107 (2).
(3) Subsection (1) does not apply to a person travelling on a snowmobile, a motorcycle or an all-terrain vehicle. O. Reg. 665/98, s. 107 (3).
108. Sections 106 and 107 apply to Presqu’ile Provincial Park only between the day after the first Monday in September and December 23. O. Reg. 665/98, s. 108.
109. (1) The holder of a small game licence may hunt the following wildlife in the provincial parks or designated Crown land described if the person obtains a licence or a permit to hunt in the provincial park or on the designated Crown land:
1. Migratory game birds in that part of Presqu’ile Provincial Park described in Schedule 2 on Mondays, Wednesdays, Fridays and Saturdays from the first day of the open season for migratory game birds until December 23 or the last day of the open season, whichever is earlier.
2. Migratory game birds on Mondays, Wednesdays, Fridays and Saturdays during the open season for migratory birds in the area described in Schedule 3.
3. Migratory game birds in the area described in Schedule 4.
4. Ring-necked pheasants in that part of Scugog Island Provincial Hunting Area described in Schedule 7. O. Reg. 665/98, s. 109 (1); O. Reg. 380/00, s. 2.
(2) A person who hunts in that part of Presqu’ile Provincial Park described in Schedule 2 and in that part of Rondeau Provincial Park described in paragraph 1 of Schedule 3 shall not hunt except from a specific place that he or she has rented from the person in charge. O. Reg. 665/98, s. 109 (2).
110. The holder of a licence to hunt may hunt a game mammal, migratory game bird or game bird authorized by his or her licence,
(a) from the first day of the open season for that mammal or bird or from September 15 in any year, whichever occurs later, to the last day of the open season or May 15 immediately following, whichever occurs first, in an area described in Schedules 9, 12 and 13;
(b) from the first day of the open season for that mammal or bird or from September 15 in any year, whichever occurs later, to the last day of the open season in an area described in Schedules 7, 10, 11, 15, 18 to 28, 30 to 41 and all Schedules numbered 43 or higher; and
(c) from the first day of the open season for that mammal or bird, in any year, to and including the last day of the open season, in the area described in Schedule 42. O. Reg. 665/98, s. 110; O. Reg. 380/00, s. 3; O. Reg. 88/01, s. 1.
111. The holder of a small game licence may hunt wildlife in accordance with the licence in the area described in Schedule 16,
(a) beginning on the first day of the open season for the wildlife or October 15, whichever is later; and
(b) ending on the last day of the open season for the wildlife or the last day of February whichever is earlier. O. Reg. 665/98, s. 111; O. Reg. 380/00, s. 4.
112. The holder of a small game licence may hunt migratory game birds,
(a) on any day except Sunday, from the Tuesday following the second Monday in October during the open season for the species of bird in the area described in Schedule 6;
(b) on any day except Sunday, from the third Saturday in October to the end of the open season for the species of bird in the area described in Schedule 14; and
(c) during the open season for the species of bird in the areas described in Schedules 17 and 29. O. Reg. 665/98, s. 112; O. Reg. 380/00, s. 5.
113. The holder of a small game licence may hunt migratory game birds on a Monday, Wednesday or Friday or until 12 noon on a Saturday during the open season for migratory game birds that falls in September, October, November or December in the area described in Schedule 5 if,
(a) the holder’s motor vehicle is parked in an area designated as a parking area;
(b) the holder hunts only within a radius of 12 metres from a blind provided by the Ministry and marked by a person in charge with the number of the area in which the holder’s motor vehicle is parked; and
(c) the area from which the holder hunts is occupied by not more than one other person. O. Reg. 665/98, s. 113.
114. (1) In Polar Bear Provincial Park a person who has a permit issued by a person authorized by the Minister may possess the firearm specified in the permit if it is transported according to the conditions set out in the permit. O. Reg. 665/98, s. 114 (1).
(2) The holder of a small game licence may hunt migratory game birds, sharp-tailed grouse and ptarmigan in that part of Polar Bear Provincial Park that is described in Schedule 8 if the person is a registered guest at Shagamu River Camp or Sutton River Camp. O. Reg. 88/01, s. 2.
115. (1) The holder of a licence to hunt moose may hunt moose of the age and sex that the licence authorizes him or her to hunt in the part of Lake Superior Provincial Park described in Schedule 1;
(a) where the licence is issued to a resident, from the first day of the open season for moose in October to November 15 in any year; and
(b) where the licence is issued to a non-resident, from the Monday following the first day of the open season for moose for residents in October to November 15 in any year. O. Reg. 665/98, s. 115 (1); O. Reg. 380/00, s. 6.
(2) The holder of a small game licence may hunt ruffed grouse, spruce grouse, sharp-tailed grouse and varying hare from the first day of the open season for moose in October to December 15 in any year in the part of Lake Superior Provincial Park referred to in subsection (1). O. Reg. 665/98, s. 115 (2).
116. A person shall not erect and rent a blind in the areas described in Schedules 2, 3 and 5. O. Reg. 665/98, s. 116.
117. (1) A person authorized by the Minister may issue a licence or permit to erect and use a waterfowl blind in the area described in paragraph 2 of Schedule 3 and in paragraph 2 of Schedule 4. O. Reg. 665/98, s. 117 (1).
(2) A person who is not the holder of a licence or permit referred to in subsection (1) shall not erect a blind in the area. O. Reg. 665/98, s. 117 (2).
PART XV
HUNTING ON CROWN LAND IN THE GEOGRAPHIC TOWNSHIPS OF BRUTON AND CLYDE
118. This part applies to the Crown lands in the geographic townships of Bruton and Clyde in the County of Haliburton except,
(a) those lands that lie within 1,609 metres of the shoreline of Kingscote Lake in the geographic Township of Bruton;
(b) a strip of land 3,218 metres in perpendicular width lying 1,609 metres on either side of the Hydro line extending from Lot 1, Concession V, on the westerly boundary of the geographic Township of Clyde to Lot 32, Concession XV, on the easterly boundary of that geographic township. O. Reg. 665/98, s. 118.
119. The provisions relating to hunting in this Regulation and in other regulations made under the Act and the Migratory Birds Regulations made under the Migratory Birds Convention Act, 1994 (Canada) apply to hunting in the land to which this Part applies. O. Reg. 665/98, s. 119.
120. (1) During the open season for deer or moose, a person shall not hunt or trap on the Crown lands referred to in section 118 except,
(a) the holder of a hunting licence, who is a member of a camp for which a regulated hunting camp licence is issued, may hunt wildlife that the licence authorizes him or her to hunt during the open season for that wildlife; and
(b) the holder of a trapping licence may hunt or trap in accordance with the licence and subsection 6 (2) of the Act. O. Reg. 665/98, s. 120 (1).
(2) The holder of a regulated hunt camp licence shall complete the questionnaire provided by the Ministry and return the questionnaire to the office of the Ministry specified on it within 10 days of the close of the open season for deer or the open season for moose, whichever occurs later, in wildlife management unit 54 in the year in which the licence is issued. O. Reg. 665/98, s. 120 (2).
(3) Any person who refuses or neglects to complete the questionnaire and return it to the Ministry as required by subsection (2) is ineligible to receive a regulated hunt camp licence in the following year. O. Reg. 665/98, s. 120 (3).
PART XVI
SPECIAL HUNTING AREAS
121. (1) Except as provided in this Part, a person shall not hunt in the Special Hunting Areas described in the Schedules to Part 5 of Ontario Regulation 663/98 (Area Descriptions). O. Reg. 426/03, s. 1.
(2) Except as otherwise provided in this Part, the provisions relating to hunting in this Regulation and in other regulations made under the Act and the Migratory Birds Regulations made under the Migratory Birds Convention Act, 1994 (Canada) apply in respect of hunting under this Part. O. Reg. 665/98, s. 121 (2).
122. Sections 123 to 126 apply to the following hunting areas:
Aylmer Hunting Area
Aylmer Lagoon Hunting Area
Beaver Meadow Hunting Area
Calton Swamp Hunting Area
Camden Lake Hunting Area
Fingal Hunting Area
Hullett Hunting Area
Lake St. Lawrence Hunting Area
Stag Island Hunting Area
O. Reg. 665/98, s. 122.
123. (1) The holder of a small game licence may hunt in a hunting area set out in section 122 if,
(a) the vehicle or boat in which the person arrives at the hunting area is parked or anchored in the designated area, if one exists;
(b) the person hunts within an area that is not more than 10 metres from the blind or stake supplied by the operator of the hunting area that is marked with the same number as the vehicle or boat’s spot in the parking area or anchorage;
(c) the area or blind from which the person is hunting is occupied by not more than one other person; and
(d) the person keeps his or her firearm unloaded and encased except while occupying the blind or the area referred to in clause (b). O. Reg. 665/98, s. 123 (1).
(2) If a person is permitted to hunt wildlife, other than migratory game birds, the conditions set out in clauses (1) (b), (c) and (d) do not apply to the person when he or she is hunting the other wildlife. O. Reg. 665/98, s. 123 (2).
(3) If a person is hunting migratory game birds in Hullett Hunting Area, the person shall hunt within an area that is no more than 30 metres from the stake or blind. O. Reg. 665/98, s. 123 (3).
124. The holder of a small game licence hunting in Beaver Meadow Hunting Area or Camden Lake Hunting area shall enter and leave the hunting area through the designated parking area. O. Reg. 665/98, s. 124.
125. The holder of a small game licence may hunt for the following species at the following times during the open season for the species:
1. In Aylmer Hunting Area, Aylmer Lagoon Hunting Area, Calton Swamp Hunting Area and Fingal Hunting Area, migratory game birds may be hunted on Mondays, Wednesdays, Thursdays or Saturdays between half an hour before sunrise and noon.
2. In Beaver Meadow Hunting Area, migratory game birds may be hunted on Mondays, Wednesdays, Fridays or Saturdays.
3. In Calton Swamp Hunting Area, wildlife that may be hunted under a small game licence may be hunted on any day except Sunday from November 1 to the last Saturday in February of the following year.
4. In Camden Lake Hunting Area, migratory game birds may be hunted on Mondays, Wednesdays, Fridays or Saturdays.
5. In Fingal Hunting Area, in the area designated for hunting of wildlife other than ducks or geese, other wildlife that may be hunted under a small game licence may be hunted on Mondays, Wednesdays, Thursdays and Saturdays.
6. In the area described in Schedule 1 of the description of Hullett Hunting Area, migratory game birds may be hunted during the open season for migratory game birds.
7. In the area described in Schedule 1 of the description of Hullett Hunting Area, wildlife may be hunted under a small game licence during that part of the open season for the wildlife that is in the close season for migratory game birds.
8. In Lake St. Lawrence Hunting Area, migratory game birds may be hunted on any day except Sunday.
9. In Stag Island Hunting Area, migratory game birds may be hunted on any day except Sunday. O. Reg. 665/98, s. 125; O. Reg. 349/01, s. 1.
126. In the area described in Schedule 2 of the description of Hullett Hunting Area, the holder of a resident hunting licence may hunt under the licence at any time during the open season in any year if the vehicle in which the person arrived at the hunting area is parked in the designated area. O. Reg. 665/98, s. 126.
127. (1) This section applies to hunting deer in the Long Point National Wildlife Area. O. Reg. 665/98, s. 127 (1).
(2) The holder of a licence to hunt deer who has been issued a Canadian Wildlife Service permit may hunt antlered or antlerless deer in accordance with the permit, subject to the conditions and during the times specified on the permit. O. Reg. 665/98, s. 127 (2).
128. (1) This section applies to hunting in the Navy Island Hunting Area. O. Reg. 665/98, s. 128 (1).
(2) The holder of a licence to hunt deer who has been issued a Navy Island validation tag may hunt deer of the type specified on the tag during the days in November specified on the tag and subject to the conditions specified on the tag. O. Reg. 665/98, s. 128 (2).
(3) The holder of a small game hunting licence may hunt migratory game birds. O. Reg. 665/98, s. 128 (3).
Note: On June 1, 2006, section 128 is revoked. See: O. Reg. 52/06, ss. 3, 4 (2).
129. (1) The holder of a hunting licence may hunt wildlife that is authorized by his or her licence in the Larose Forest Hunting Area. O. Reg. 147/00, s. 5.
(2) The holder of a resident licence to hunt moose who has been issued a validation tag to hunt moose in wildlife management unit 65 may hunt moose of the type specified on the tag in the Larose Forest Hunting Area, subject to the conditions specified on the tag. O. Reg. 147/00, s. 5.
PART XVII
PROTECTION OF PROPERTY
130. (1) A person who kills a bear, or who kills a wolf or coyote in the wildlife management units listed in subsection 29.1 (1), under section 31 of the Act and does not report its acquisition under section 2 of Ontario Regulation 666/98 (Possession, Buying and Selling of Wildlife) shall immediately report the fact to the district manager of the Ministry, in person or by telephone. O. Reg. 276/05, s. 4.
(2) The person shall provide the name and address of the person reporting, the date and location of the killing and any other information required by the District Manager. O. Reg. 665/98, s. 130 (2).
131. The following provisions do not apply to a person who harasses, captures or kills wildlife under section 31 of the Act:
1. Subsection 9 (1) of the Act in respect of a person who has an interest in land in a Crown game preserve or provincial park that entitles the person to possession of the land.
2. Subsections 36 (1) and (2) of the Act.
3. Parts I to XV, except sections 75, 82 and 83.
4. Ontario Regulation 667/98 (Trapping), except sections 17 to 26. O. Reg. 665/98, s. 131.
132. (1) The following classes of agents are prescribed for the purposes of subsection 31 (2) of the Act:
1. Trappers licensed under Ontario Regulation 667/98 (Trapping).
2. Employees or agents of a member of the Ontario Society for the Prevention of Cruelty to Animals under the Ontario Society for the Prevention of Cruelty to Animals Act.
3. Members of a landowner’s immediate family acting on behalf of the landowner on the landowner’s own land.
4. Persons whose business is primarily the business of removing nuisance wildlife if they harass wildlife or if they capture and release it if it is capable of being released.
5. Employees or agents of a municipality whose responsibilities relate to wildlife control. O. Reg. 665/98, s. 132 (1).
(2) An agent described in paragraph 2 or 3 of subsection (1) who is using a firearm must have the qualifications necessary to obtain an outdoors card under subsection 4 (2). O. Reg. 665/98, s. 132 (2).
(3) Despite subsection (1), if the Minister is of the opinion that a person is not harassing, capturing or killing wildlife in a humane way or in accordance with the regulations, the Minister may notify the person in writing that he or she shall no longer act as an agent. O. Reg. 665/98, s. 132 (3).
133. (1) A person who captures but does not kill live wildlife under clause 31 (1) (b) of the Act shall, not later than 24 hours after capture,
(a) release the wildlife as soon as possible into the area in close proximity to the capture site unless otherwise directed by the Ministry; or
(b) deliver any wildlife that is sick, injured or immature to a wildlife custodian described in section 44 of the Act. O. Reg. 665/98, s. 133 (1).
(2) A person shall not release wildlife under subsection (1) on private property without the permission of the owner. O. Reg. 665/98, s. 133 (2).
134. A hunter who is licensed or authorized to kill a furbearing mammal is exempt from subsection 36 (3) of the Act and may abandon a pelt or permit a pelt to be spoiled or destroyed if the pelt is of no commercial value. O. Reg. 665/98, s. 134.
135. The following provisions do not apply to a person who kept a farmed animal and who is required to capture or kill it following its escape or release from captivity under clause 46 (3) (b) of the Act:
1. Parts I to XV, except sections 75, 82 and 83.
2. Ontario Regulation 667/98 (Trapping) except sections 17 to 26. O. Reg. 665/98, s. 135.
136. Omitted (revokes other Regulations). O. Reg. 665/98, s. 136.
137. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 665/98, s. 137.