Fish and Wildlife Conservation Act, 1997
Loi de 1997 sur la protection du poisson et de la faune
ontario REGULATION 665/98
HUNTING
Historical version for the period April 1, 2020 to July 29, 2020.
Last amendment: 38/20.
Legislative History: 94/99, 95/99, 581/99, 78/00, 147/00, 197/00, 380/00, 381/00, 526/00, 88/01, 349/01, 350/01, 426/03, 16/04, 32/04, 164/04, 291/04, 350/04, 372/04, 379/04, 262/05, 276/05, 348/05, 600/05, 23/06, 52/06, 320/06, 333/06, 86/07, 419/07, 144/08, 282/08, 90/09, 91/09, 54/10, 325/10, 529/10, 48/11, 49/11, 127/11, 368/12, 171/13, 107/14, 82/15, 37/16 (as am. by 549/17), 442/16, 87/17, 544/17 (as am. by 461/18 and 38/20), 461/18 (as am. by 38/20), 20/20, 38/20.
This Regulation is made in English only.
CONTENTS
|
|
Sections |
DEFINITIONS AND INTERPRETATION |
1-1.1 |
|
LICENSING |
2-24 |
|
HUNTING IN A PARTY |
24.1-24.6 |
|
GENERAL |
25-26 |
|
SMALL GAME |
27-34 |
|
FROGS |
35-36 |
|
DEER |
37-40 |
|
ELK |
41-42 |
|
MOOSE |
43-50 |
|
BEAR |
50.1-57 |
|
HUNTER REPORTING |
58-62 |
|
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 |
133.1-137 |
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;
“apprentice hunter” means a person described in section 22 or 23;
“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 elk” means a male elk that is at least one year old at the time of the hunt;
“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;
“controlled calf moose harvest management unit” means wildlife management unit 37, 40, 41, 42, 47, 48, 55A, 55B or 57;
Note: On January 1, 2021, the definition of “controlled calf moose harvest management unit” in subsection 1 (1) of the Regulation is revoked. (See: O. Reg. 20/20, s. 1 (2))
“controlled deer hunt management unit” means wildlife management unit 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 or 94B;
“cow elk” means a female elk that is at least 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;
“elk” means American elk;
“geographic area” means a geographic area within the meaning of Ontario Regulation 180/03 (Division of Ontario into Geographic Areas) made under the Territorial Division Act, 2002;
“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 summary” means the document described in section 13;
“licensed bear operator” means a person who is licensed to provide black bear hunting services under clause 32 (2) (b) of the Act;
“long-bow” includes a recurve bow or compound bow;
“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 the card issued under section 4;
“registered guest” means a person who,
(a) contracts for accommodation with a tourist outfitter, and
(b) stays in accommodations, for the duration of that person’s 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;
“small game” means the wildlife listed in section 27;
“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;
“tag” means a component of a hunting licence described in section 14 that authorizes the tag holder to hunt a member of a species of game wildlife specified in the tag, subject to the conditions specified in the tag;
“tourist outfitter” means a person who provides services to moose hunters in a wildlife management unit that has an open season for moose and,
(a) operates a tourist establishment that provides overnight accommodation,
(b) is an air carrier licensed by the Canadian Transportation Agency and Transport Canada and provides air transportation to a hunting outpost site, or
(c) operates a minimum of four houseboats or charter boats in the wildlife management unit which provide,
(i) accommodation facilities, including a fixed head, on each boat for a minimum of four overnight guests, and
(ii) housekeeping services;
“trapping licence” means a licence to trap furbearing mammals issued under Ontario Regulation 667/98 (Trapping);
“validation certificate” means a component of a hunting licence described in section 15 that, together with a tag, authorizes the certificate holder to hunt a member of a species of game wildlife specified in the certificate, subject to the conditions specified in the certificate;
“wolf and coyote tag management unit” means wildlife management unit 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11A, 11B, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 46, 47, 48, 49, 50, 53, 54, 55, 56, 57 or 58. 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; O. Reg. 282/08, s. 1; O. Reg. 54/10, s. 1; O. Reg. 529/10, s. 1; O. Reg. 37/16, s. 1; O. Reg. 442/16, s. 1; O. Reg. 544/17, s. 1 (1-9); O. Reg. 20/20, s. 1 (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 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.
(4) Revoked: O. Reg. 544/17, s. 1 (10).
1.1 The following persons shall be deemed to be residents for the purposes of this Regulation and Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act:
1. A person with diplomatic credentials in an embassy, consulate or trade commission of a foreign government who has taken a post in and resides in Ontario.
2. A civilian employee of a service agency attached to the staff of an embassy, consulate or trade commission of a foreign government who has taken a post in and resides in Ontario.
3. A member of the armed forces of a foreign government who is stationed in and resides in Ontario.
4. A member of the RCMP or armed forces of Canada who is stationed in and resides in Ontario for at least one month.
5. A civilian employee of the RCMP or armed forces of Canada who is stationed in and resides in Ontario for at least one month.
6. A member of the armed forces of Canada whose primary residence is Ontario and is temporarily posted outside of Ontario.
7. A member of the immediate family of a person set out in paragraphs 1 to 6 who resides in the residence of the person in Ontario and, in the case of a person referred to in paragraphs 4 and 5, has done so for at least one month. O. Reg. 544/17, s. 2.
Outdoors Cards
2. A person shall not be issued a licence to hunt unless the person holds an outdoors card issued under section 4. O. Reg. 544/17, s. 3.
3. (1) Any person who hunts wildlife shall carry his or her outdoors card on his or her person while hunting, subject to subsection (2) and to any other exception provided under this Regulation. O. Reg. 544/17, s. 3.
(2) A person who has applied for an outdoors card and whose licence summary has been updated to indicate that the outdoors card has been issued, but who has not yet received the card from the Ministry by mail or otherwise, may hunt wildlife without the outdoors card so long as he or she carries his or her updated licence summary on his or her person. O. Reg. 544/17, s. 3.
(3) On the request of a conservation officer, a person who holds an outdoors card shall produce it and show it to the officer. O. Reg. 544/17, s. 3.
(4) The rules set out in the following provisions of the Act apply with respect to an outdoors card as if it were a licence:
1. Subsections 68 (1) and (2).
2. Section 70, with the exception of clause 70 (1) (c).
3. Subsection 82 (3). O. Reg. 461/18, s. 1.
4. (1) The Minister may issue an outdoors card to any person, whether resident or non-resident, who is at least 16 years of age. O. Reg. 544/17, s. 3.
(2) For the purposes of this Regulation, the Minister may issue an outdoors card to any person who is at least 12 years of age but less than 16 years of age if the person,
(a) is a resident;
(b) meets the requirements to obtain a licence to hunt under section 11 or 12; and
(c) provides the Ministry with the consent of a parent or guardian with whom the person resides. O. Reg. 544/17, s. 3; O. Reg. 461/18, s. 2.
5. An outdoors card is valid from the day it is issued and expires on the date specified on the card. O. Reg. 544/17, s. 3.
6. (1) The holder of an outdoors card shall notify the Minister of any change in name, address, contact information or residency no later than 10 days after the change occurs. O. Reg. 544/17, s. 3.
(2) A holder of an outdoors card who ceases to be a resident shall not use the card to obtain a licence for which the holder is no longer eligible as a result of the change in residency. O. Reg. 461/18, s. 3.
7. (1) A person shall not apply for or possess more than one outdoors card if they have different card numbers. O. Reg. 544/17, s. 3.
(2) A person may possess more than one outdoors card if the cards bear the same number. O. Reg. 544/17, s. 3.
8. A person who holds an outdoors card and whose licence is cancelled or suspended by a court order under section 104 or 105 of the Act shall immediately return the outdoors card to the Ministry if the Ministry requests it. O. Reg. 544/17, s. 3.
9. A class H1 outdoors card or a class H2 outdoors card that was issued before January 1, 2019 remains valid after that date until it expires. O. Reg. 544/17, s. 3.
Licences
10. (1) Subject to such exceptions as may be provided in this Regulation, a licence to hunt a wildlife species shall,
(a) consist of a licence summary, issued or updated to include licence information with respect to the species; or
(b) if this Regulation so requires, consist of the licence summary referred to in clause (a), together with,
(i) a tag with respect to the species, or
(ii) a tag and a validation certificate with respect to the species. O. Reg. 544/17, s. 3.
(2) The Minister may issue a licence to hunt to any person, whether resident or non-resident, who is at least 16 years old and who meets the requirements of section 11 or 12. O. Reg. 461/18, s. 4.
(2.1) Despite subsection 64 (1) of the Act, the Minister may issue a licence to a resident who is 15 years of age and who meets the requirements of section 11 or 12. O. Reg. 461/18, s. 4.
(3) The Minister may,
(a) limit the number of licences, or of tags, validation certificates or other components of a licence required to hunt under this Regulation, that will be issued to hunt a particular species or age, sex or type of species in any area of the province and in any given year or season; and
(b) refuse to issue a licence, tag, validation certificate or other component of a licence under section 71 of the Act if doing so would exceed the established limit. O. Reg. 544/17, s. 3.
11. (1) An applicant may be issued a licence to hunt if he or she provides the Minister with an examiner’s report referred to in subsection (6) indicating that the applicant has successfully completed the hunter education course and examination approved by the Minister. O. Reg. 544/17, s. 3.
(2) The Minister or any person designated by the Minister may appoint persons as hunting instructors of the hunter education course referred to in subsection (1) for such period as the Minister may determine. O. Reg. 544/17, s. 3.
(3) Upon completion of the hunter education course, the hunting instructor shall issue a certificate certifying that the candidate has completed the course. O. Reg. 544/17, s. 3.
(4) 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. 544/17, s. 3.
(5) A person who has been issued a certificate under subsection (3) may, upon application to an examiner, take a hunter education examination approved by the Minister. O. Reg. 544/17, s. 3.
(6) The examiner shall issue a report to a person who successfully completed the hunter education examination. O. Reg. 544/17, s. 3.
12. (1) An applicant may be issued a licence to hunt if he or she submits any of the following documents as proof of accreditation instead of providing an examiner’s report under section 11:
1. In the case of a resident,
i. any licence to hunt that was issued to the resident after January 1, 1968 under the Act or a predecessor of the Act,
ii. an outdoors card that authorized a person to hunt and that was issued to the applicant before January 1, 2019,
iii. a hunter apprenticeship safety card that was issued to the applicant before January 1, 2019,
iv. a hunting licence verification letter or certificate issued by the Ministry verifying the fact that a hunting licence was previously issued to the resident, or
v. if the resident was previously a non-resident or is a person deemed to be a resident under section 1.1, any of the documents set out in paragraph 2 that were issued to the person while a non-resident.
2. In the case of a non-resident,
i. any hunting licence issued to the non-resident under the Act or a predecessor of it since January 1, 1968,
ii. an outdoors card that authorized a person to hunt and that was issued to the applicant before January 1, 2019,
iii. a hunting licence verification letter or certificate issued by the Ministry verifying the fact that a hunting licence was previously issued to the non-resident,
iv. a hunting licence issued to the applicant after January 1, 1968 by a competent authority in a recognized jurisdiction in which the applicant was a resident at the time of the issuance of the licence, provided the non-resident is not prohibited from hunting or subject to any restrictions with respect to hunting in that jurisdiction, or
v. a certificate issued to the applicant after January 1, 1968 by a competent authority in a recognized jurisdiction which indicates that the holder was or is authorized to purchase a hunting licence in that jurisdiction. O. Reg. 544/17, s. 3.
(2) In this section,
“recognized jurisdiction” means a jurisdiction that regulates wildlife hunting and that has hunter education and evaluation requirements that are, in the Minister’s opinion, equivalent to those applicable in Ontario. O. Reg. 544/17, s. 3.
13. (1) A licence summary is a document that lists various hunting licences that a person holds at any given time, together with various sport fishing licences that the person may hold under Ontario Regulation 664/98 (Fish Licensing) made under the Act. O. Reg. 544/17, s. 3.
(2) The licence summary is issued by the Ministry online by accessing the Government of Ontario’s website, through a person who is authorized to issue licences on the Minister’s behalf under section 61 of the Act or by such other means as the Minister determines. O. Reg. 544/17, s. 3.
(3) Each time a person is issued a new hunting licence, the Ministry shall issue an updated version of the licence summary to the person. O. Reg. 544/17, s. 3.
14. (1) A tag authorizes the person to whom it is issued to hunt and kill no more than one member of the wildlife species specified on the tag. O. Reg. 544/17, s. 3.
(2) No person shall apply for or possess more than one tag to hunt any given wildlife species in any given year, except in such circumstances as may be permitted in this Regulation. O. Reg. 544/17, s. 3.
(3) If a tag is a required component of a licence to hunt a species of wildlife, a person who is licensed to hunt that species shall not hunt or kill more members of the species than the number of tags for the species that the person is issued in any given year, subject to the rules on hunting in a party under Part III. O. Reg. 544/17, s. 3.
(4) A tag that authorizes the hunting of a particular wildlife species may limit the age, sex or type of the species that may be hunted and killed, limit the wildlife management units or the area in which it may be hunted and killed, and specify conditions that apply to the hunting of the species. O. Reg. 544/17, s. 3.
15. (1) A validation certificate validates a tag so as to authorize the certificate holder to hunt and use his or her tag in circumstances not otherwise authorized by the tag alone. The certificate may,
(a) authorize a tag holder who is authorized to hunt a species of a particular age, sex or type under the tag to hunt a different age, sex or type of the species;
(b) authorize a tag holder who is authorized to hunt a species of game wildlife in one area under the tag to hunt the species in another area; or
(c) authorize the tag holder to hunt in such circumstances not specified in the tag but permitted under this Regulation. O. Reg. 544/17, s. 3.
Note: On January 1, 2021, subsection 15 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 2)
(1) A validation certificate validates a tag so as to authorize the certificate holder to hunt and use his or her tag in circumstances not otherwise authorized by the tag alone. O. Reg. 20/20, s. 2.
(2) A validation certificate may be issued by the Ministry or by another person authorized to do so in this Regulation. O. Reg. 544/17, s. 3.
(3) A validation certificate that authorizes the hunting of a particular wildlife species may limit the age, sex or type of the species that may be hunted and killed, limit the wildlife management units or the area in which it may be hunted and killed, and specify conditions that apply to the hunting of the species. O. Reg. 544/17, s. 3.
16. (1) A licence holder shall ensure that every component of his or her licence remains intact and legible. O. Reg. 544/17, s. 3.
Note: On January 1, 2021, subsection 16 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 3)
(1) A licence holder or person otherwise authorized to hunt under this Regulation shall ensure that every component of his or her licence and any other document the person is required to carry while hunting under this Regulation remain intact and legible. O. Reg. 20/20, s. 3.
(2) A licence holder shall not alter or modify a component of his or her licence in any way, except as required under this Regulation in respect of the invalidation of a tag. O. Reg. 544/17, s. 3.
(3) No person shall possess or attach to an animal any component of a licence that has been altered or modified in contravention of subsection (2). O. Reg. 544/17, s. 3.
(4) No person shall make a copy or counterfeit of a tag or validation certificate or possess such a copy or counterfeit. O. Reg. 461/18, s. 5.
Term and Validity of Licence
17. (1) The term of a licence to hunt a wildlife species begins on the day it is issued and ends on the following December 31 or on such other day as may be specified on the licence. O. Reg. 544/17, s. 3.
(2) Despite the term of a licence referred to in subsection (1), a licence to hunt a wildlife species is valid only,
(a) during an open season for that species that falls within the term of the licence; and
(b) if a tag is a component of the licence, from the time the tag is issued until the tag is invalidated, subject to subsection (3). O. Reg. 544/17, s. 3.
(3) If a person is issued more than one tag to hunt a species of wildlife during the term of a licence,
(a) the licence is valid at any time the person holds a tag that has not been invalidated; and
(b) in the case of tags that are issued at different times, the licence is not valid once the first tag is invalidated until such time as the subsequent tag is issued. O. Reg. 544/17, s. 3.
(4) For the purposes of this section, a tag is invalidated at the time the tag holder invalidates it in accordance with subsection 19 (1) or, if the tag holder fails to do so, at the time he or she was required to do so under that subsection. O. Reg. 544/17, s. 3.
18. (1) Despite section 17, a licence to hunt small game is not valid from June 16 to August 31 of 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 is hunting small game with a falconry bird or a non-indigenous falconry bird. O. Reg. 544/17, s. 3.
(2) Despite section 17, a licence to hunt fox that is issued to a hunt club under section 90 is valid only from April 1 to December 31 in any year. O. Reg. 544/17, s. 3.
19. (1) A licensed hunter who holds a tag to hunt a wildlife species and who kills a member of the species shall, immediately after the kill, at the site of the kill and before moving the carcass, invalidate the tag by following the instructions that accompany the tag. O. Reg. 544/17, s. 3.
(2) A licensed hunter who holds a tag to hunt a wildlife species shall not invalidate the tag with respect to an animal that he or she kills unless the animal is of the same species, type, age and sex as is specified,
(a) on the tag or on the validation certificate that accompanies the tag; or
(b) in the case of a licensed hunter hunting deer in a controlled deer hunt management unit, in the information on the licence summary that validates a previously issued deer tag, as described in clause 38 (1) (b). O. Reg. 544/17, s. 3.
(3) A licensed hunter who holds a tag to hunt a wildlife species shall not invalidate the tag with respect to an animal that is killed by another person. O. Reg. 544/17, s. 3.
(4) Following the kill of a species referred to in subsection (1), the licensed hunter shall either keep the invalidated tag on his or her person or attach it to the animal in the manner specified in the instructions that accompany the tag. O. Reg. 544/17, s. 3.
(5) Despite subsection (4), a licensed hunter who kills an animal shall not keep the invalidated tag on his or her person but shall attach it to the animal in the manner specified in the instructions that accompany the tag before he or she,
(a) ceases to be immediately accompanying the carcass; or
(b) ceases to be immediately available to produce the tag for inspection to confirm the lawful killing of the animal. O. Reg. 544/17, s. 3.
(6) No person shall possess an animal that ought to have had a tag attached to it in accordance with subsection (5). O. Reg. 544/17, s. 3.
(7) The licensed hunter shall ensure that an invalidated tag is kept on his or her person or attached to the carcass in accordance with subsections (4) and (5) until such time as the animal has been transported from the site of the kill to the site of processing and is being prepared for long-term storage. O. Reg. 544/17, s. 3.
20. (1) A licensed hunter who kills a wildlife species under the authority of a tag shall ensure that the carcass is not skinned, cut or packed,
(a) in such a manner that the species cannot be easily identified;
(b) if the tag specifies the type of species or the age or sex of the animal that may be hunted and killed, in such a manner that the type, age or sex of the animal cannot be easily identified; or
(c) in a manner that is contrary to the instructions that accompany the tag. O. Reg. 544/17, s. 3.
(2) Subsection (1) does not apply once the animal has been transported from the site of the kill to the site of processing and is being prepared for long-term storage. O. Reg. 544/17, s. 3.
(3) No person shall possess a carcass skinned, cut or packed in contravention of subsection (1). O. Reg. 544/17, s. 3.
21. If a validation certificate is a component of a licence, after an animal is killed under the licence,
(a) in the case of a moose, the validation certificate shall accompany the tag until such time as the animal has been transported from the site of the kill to the site of processing and is being prepared for long-term storage; and
(b) in the case of a bear, the bear hunter shall keep the validation certificate on his or her person until such time as the animal has been transported from the site of the kill to the site of processing and is being prepared for long-term storage. O. Reg. 544/17, s. 3.
Note: On January 1, 2021, section 21 of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 4)
21. If a validation certificate is a component of a licence, after an animal is killed under the licence, the holder of the licence shall keep the validation certificate on his or her person until such time as the animal has been transported from the site of the kill to the site of processing and is being prepared for long-term storage. O. Reg. 20/20, s. 4.
Apprentice Hunters
22. (1) A person who is a resident and is at least 12 years of age but less than 15 years of age may hunt wildlife without a licence if,
(a) the person holds,
(i) an outdoors card issued under subsection 4 (2), or
(ii) a hunter apprenticeship safety card issued before January 1, 2019; and
(b) the person hunts as an apprentice in accordance with the conditions set out in subsection (2). O. Reg. 461/18, s. 6.
(2) An apprentice hunter may hunt wildlife without a licence if he or she complies with the following conditions:
1. The apprentice hunter must hunt under the direct and immediate supervision of a licensed hunter who is at least 18 years of age.
2. The apprentice hunter must hunt only the species of wildlife in respect of which the supervising hunter holds a licence to hunt.
3. The apprentice hunter must not carry or use a firearm other than the single firearm that he or she is sharing with the supervising hunter. O. Reg. 544/17, s. 3.
(3) Any wildlife killed by an apprentice hunter shall be included in the bag limit of the licensed hunter under whose supervision the apprentice is hunting. O. Reg. 544/17, s. 3.
(4) If the apprentice hunter kills a species of game wildlife for which the supervising hunter has been issued a tag, the supervising hunter shall invalidate his or her tag in respect of the killed animal despite subsection 19 (3). O. Reg. 544/17, s. 3.
(5) Subsections 19 (4), (5) and (6) apply to the supervising hunter in respect of the animal that was killed as though he or she were the person who killed the animal. O. Reg. 544/17, s. 3.
(6) Section 26 applies to an apprentice hunter as though he or she were a licensed hunter. O. Reg. 544/17, s. 3.
23. (1) Despite meeting the requirement to hunt without a licence under subsection 22 (1), a resident who is at least 12 years of age but less than 15 years of age may apply for a type of licence to hunt a species of wildlife that the Minister may issue under this section. O. Reg. 461/18, s. 7 (1).
(2) Despite subsection 64 (1) of the Act, the Minister may issue a licence to an applicant under subsection (1) but shall not issue the following type of licence or components of a licence:
1. A tag or validation certificate that authorizes a person to hunt bull or cow moose, subject to paragraph 1 of subsection (3).
Note: On January 1, 2021, paragraph 1 of subsection 23 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 5 (1))
1. A licence to hunt moose.
2. A tag that authorizes a person to hunt calf moose in a controlled calf moose harvest management unit or wildlife management unit 65.
Note: On January 1, 2021, paragraph 2 of subsection 23 (2) of the Regulation is revoked. (See: O. Reg. 20/20, s. 5 (1))
3. A tag that authorizes a person to hunt antlerless deer, subject to paragraph 2 of subsection (3).
Note: On January 1, 2021, paragraph 3 of subsection 23 (2) of the Regulation is amended by striking out “paragraph 2 of”. (See: O. Reg. 20/20, s. 5 (2))
4. A licence summary updated in accordance with clause 38 (1) (b) to authorize deer hunting in a controlled deer hunt management unit.
5. A licence to hunt elk. O. Reg. 544/17, s. 3; O. Reg. 461/18, s. 7 (2).
(3) The Minister may issue the following licence components to an applicant under subsection (1) if the following conditions are met:
1. A validation certificate that authorizes a person to hunt bull moose or cow moose if the applicant is a registered guest of a tourist outfitter.
2. An deer tag that authorizes a person to hunt antlerless deer in a wildlife management unit if it is an additional deer tag available for the unit in accordance with subsection 37 (5). O. Reg. 544/17, s. 3; O. Reg. 461/18, s. 7 (3).
Note: On January 1, 2021, subsection 23 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 5 (3))
(3) The Minister may issue a deer tag that authorizes a person to hunt antlerless deer in a wildlife management unit to an applicant under subsection (1) if it is an additional deer tag available for the unit in accordance with subsection 37 (5). O. Reg. 20/20, s. 5 (3).
(4) A person who is issued a licence to hunt under this section is nonetheless an apprentice hunter and shall not hunt other than in compliance with the conditions set out in subsection 22 (2). O. Reg. 544/17, s. 3.
(5) For greater certainty, subsections 22 (3) and (4) do not apply to an apprentice hunter who has been issued a licence under this section. O. Reg. 544/17, s. 3.
24. (1) It is a condition of a licence to hunt of any licensed hunter who supervises an apprentice hunter that he or she take all reasonable care to ensure that the apprentice hunter complies with this Act and the regulations. O. Reg. 544/17, s. 3.
(2) A licensed hunter who supervises an apprentice hunter shall not carry or possess a firearm other than the single firearm the hunter shares with the apprentice. O. Reg. 544/17, s. 3.
Licence Requirements
24.1 (1) A person may hunt moose, deer, elk or bear in a party of two or more persons who each hold a licence to hunt the same species if the person hunts in accordance with this Part. O. Reg. 544/17, s. 3.
(2) If the holder of a licence to hunt moose, deer or bear invalidates his or her tag in accordance with section 19 or subsection 22 (4) or 24.2 (1), the hunter’s licence continues to be valid despite clause 17 (2) (b) if,
(a) the licence holder is hunting in a party in accordance with this Part for the species specified in the licence; and
(b) at least one of the other members of the party holds a valid licence for that species and has not yet invalidated his or her tag in respect of that species. O. Reg. 544/17, s. 3; O. Reg. 461/18, s. 8 (1).
(2.1) When a licence continues to be valid under subsection (2), the tag that accompanied the licence and that was invalidated ceases to constitute a component of the licence for the purposes of section 66 of the Act. O. Reg. 461/18, s. 8 (2).
(3) Despite any limit on the number of moose, deer, elk or bear of a particular sex, age or type for which a person may hunt as an individual under this Regulation, a person who hunts in a party may hunt for as many moose, deer, elk or bear as there are valid tags held by the members of the party and not yet invalidated in respect of the particular species of game wildlife, if the following conditions are met by the person and the other members of the party:
1. The total number of moose, deer, elk or bear of a specified sex, age or type killed by the party does not exceed the total number of tags 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 tag 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 tag is valid.
4. Each member of the party hunts within 5 kilometres of the person who holds the tag 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. 544/17, s. 3.
(4) The member of a hunting party who kills a species of game wildlife shall immediately notify all other members of the party of that fact. O. Reg. 544/17, s. 3.
Invalidation of Tags
24.2 (1) If a member of a hunting party kills a moose, deer, elk or bear under the authority of a licence that is held by another member of the hunting party, the holder of the licence shall, despite subsection 19 (3), invalidate the tag issued with respect to the species immediately after the kill, at the site of the kill and before the carcass is moved, by following the instructions that accompany the tag. O. Reg. 544/17, s. 3.
(2) Subsections 19 (4), (5) and (6) apply to the holder of a licence referred to in subsection (1) in respect of the animal that was killed as though he or she were the person who killed the animal. O. Reg. 544/17, s. 3.
Rules specific to Various Species
24.3 A person shall not hunt deer in a party in a controlled deer hunt management unit unless the requirements of clause 38 (1) (a) or (b) are met. O. Reg. 544/17, s. 3.
24.4 A non-resident shall not hunt bear in a party in a bear management area or a wildlife management unit unless hunting bear in the area or unit is authorized under the bear hunting validation certificate issued to the non-resident. O. Reg. 544/17, s. 3.
24.5 (1) A non-resident shall not hunt moose in a party in a wildlife management unit unless hunting in that wildlife management unit is authorized under the tag or validation certificate held by the non-resident. O. Reg. 544/17, s. 3.
Note: On January 1, 2021, subsection 24.5 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 6 (1))
(1) A person shall not hunt moose in a party with a person who has received a moose tag as a registered guest of a tourist outfitter unless the person is also a registered guest of the same tourist outfitter. O. Reg. 20/20, s. 6 (1).
(2) No person shall hunt moose in a hunting party in wildlife management unit 65 unless the hunting party consists of no more than two hunters who were both issued a licence to hunt moose in the relevant year and,
(a) one of the hunters has been issued a moose tag for wildlife management unit 65; and
(b) the other hunter holds a partner permit issued by the Minister authorizing the hunter to hunt in wildlife management unit 65 in a party with a person who holds a moose tag for the wildlife management unit. O. Reg. 544/17, s. 3.
(3) The hunter in a hunting party referred to in clause (2) (b) shall carry the partner permit issued by the Minister under that clause on his or her person at all times during the hunt and shall produce it at the request of a conservation officer. O. Reg. 544/17, s. 3.
(4) No member of a hunting party under subsection (2) shall hunt moose in wildlife management unit 65 during the open season specified in Item 3 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act unless the member of the hunting party referred to in clause (2) (a) is a person whose mobility is impaired in the manner described in subsection 93 (1). O. Reg. 544/17, s. 3.
Note: On January 1, 2021, subsection 24.5 (4) of the Regulation is amended by striking out “Item 3” and substituting “Item 4”. (See: O. Reg. 20/20, s. 6 (2))
(5) No person shall hunt moose in a party in wildlife management unit 11B during the open season specified in Item 8 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act unless the party consists of hunters who have all been licensed to hunt moose in the relevant year, and,
(a) one of the members of the hunting party is a person whose mobility is impaired in the manner described in subsection 93 (1) and who has been issued a moose tag for wildlife management unit 11B; and
(b) the other members of the hunting party each hold a letter of permission from the Ministry authorizing the person to hunt in wildlife management unit 11B during the season as an assistant to a person who holds a moose tag for the wildlife management unit. O. Reg. 544/17, s. 3.
(6) An assistant who accompanies a person described in clause (5) (a) to hunt moose in wildlife management unit 11B during the open season described in subsection (5),
(a) shall not hunt or use a firearm to hunt moose unless the assistant is retrieving a moose shot by the person described in clause (5) (a); and
(b) shall carry the letter of permission issued by the Ministry on his or her person at all times during the hunt and shall produce it at the request of a conservation officer. O. Reg. 544/17, s. 3.
24.6 (1) In a party hunting elk, only one member of the party shall hold an elk tag. O. Reg. 544/17, s. 3.
(2) A licence to hunt elk held by the members of a hunting party hunting elk shall consist of,
(a) in the case of the person who holds the elk tag, a licence summary that lists the elk licence together with the elk tag; and
(b) in the case of every other member of the party, other than apprentices, a licence summary that lists the elk licence. O. Reg. 544/17, s. 3.
(3) A person who applies for an elk tag in order to hunt elk in a party shall list the other members of the party in the application, except for any apprentices. O. Reg. 544/17, s. 3; O. Reg. 461/18, s. 9 (1).
(4) A hunting party for elk shall consist of the following members:
1. The person who holds the elk tag.
2. Any other person who was listed as a member of the party by the person referred to in paragraph 1 when he or she applied for the elk tag.
3. Any apprentice hunter hunting under the supervision of a person referred to in paragraph 1 or 2. O. Reg. 544/17, s. 3.
(5) No person shall hunt elk in a party of more than four persons, not counting any apprentices. O. Reg. 461/18, s. 9 (2).
(6) Revoked: O. Reg. 461/18, s. 9 (2).
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 unless the person hunts the species,
(a) in an area specified for the species in a Table;
(b) during the open season applicable to the person and to the area, as specified in the Table; and
(c) of the age and sex specified in the Table, if any. O. Reg. 87/17, s. 1 (1).
(3) A person shall not kill or capture in one day or possess at any time more of a species of small game or game amphibian 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); O. Reg. 87/17, s. 1 (2).
(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).
25.1 (1) A person, while hunting, shall not possess an outdoors card, a tag or a validation certificate that was issued to another person. O. Reg. 544/17, s. 4.
(2) A licensed hunter shall not by any means purport to have killed an animal that was in fact killed by another hunter. O. Reg. 544/17, s. 4.
25.2 (1) No person shall hunt with a gun unless the person meets at least one of the following requirements:
1. The person holds a valid possession and acquisition licence issued under the Firearms Act (Canada).
2. The person holds a valid minor’s licence issued under the Firearms Act (Canada).
3. The person has proof that he or she has successfully completed the Canadian Firearms Safety Course, and tests that form part of that course, under the Firearms Act (Canada).
4. In the case of an individual who is a non-resident and who ordinarily resides outside of Canada,
i. a valid non-resident firearms declaration form confirmed by a Canadian customs officer, or
ii. a valid temporary firearms borrowing licence for non-residents issued under the Firearms Act (Canada). O. Reg. 544/17, s. 4.
(2) A person shall carry on his or her person the documentation required under subsection (1) while hunting with a gun and while in possession of the gun for the purposes of hunting, and shall produce the documentation to a conservation officer at the officer’s request. O. Reg. 544/17, s. 4; O. Reg. 461/18, s. 10.
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, elk or moose, other than the seasons restricted to the use of bows only; and
(b) during the open season for bear. O. Reg. 665/98, s. 26 (1); O. Reg. 529/10, s. 6; O. Reg. 49/11, s. 3 (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 who, during an open season for bear,
(a) hunts small game;
(b) hunts wildlife, other than bear, authorized by a trapping licence on his or her trapline;
(c) hunts moose, deer or elk during an open season for moose, deer or elk that is restricted to the use of bows only and that runs concurrently with the open season for bear; or
(d) is in a tree stand while hunting bear. O. Reg. 49/11, s. 3 (2); O. Reg. 544/17, s. 5.
(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 are small game for the purposes of this Part:
1. Game birds, including wild turkeys.
2. Game mammals other than big game.
3. The following furbearing mammals:
i. Arctic fox, red fox, opossum, raccoon, striped skunk and weasel (least, long-tailed and short-tailed).
ii. Coyote and wolf.
4. Wildlife that may be hunted under clauses 6 (1) (g) and (h) of the Act. O. Reg. 544/17, s. 6 (1).
28. (1) A licence to hunt small game shall consist of a licence summary that lists the small game licence, subject to subsections (2), (3) and (4). O. Reg. 544/17, s. 6 (1).
(2) If a person applies for a licence to hunt small game at the same time as the person applies for an outdoors card, the Minister may list the small game licence directly on the outdoors card and, in such a case, despite subsection 10 (1), the outdoors card shall constitute the small game licence. O. Reg. 544/17, s. 6 (1).
(3) A licence to hunt wolf or coyote shall consist of,
(a) a licence summary or outdoors card that lists the small game licence together with a wolf/coyote tag when hunting in a wolf and coyote tag management unit; or
(b) a licence summary or outdoors card that lists the small game licence when hunting in any other wildlife management unit. O. Reg. 544/17, s. 6 (1); O. Reg. 20/20, s. 7.
(4) A licence to hunt wild turkey shall consist of a licence summary or outdoors card that lists a small game licence together with a wild turkey tag. O. Reg. 544/17, s. 6 (1).
(5) A licence to hunt small game other than wolf, coyote or wild turkey that was issued before January 1, 2019 in a form not permitted under subsection (1) or (2) shall nonetheless continue to be valid after that date until the expiry date set out in the licence. O. Reg. 544/17, s. 6 (1).
29. A licence to hunt small game authorizes the holder of the licence to also trap varying hare, cottontail, European hare, gray squirrel or fox squirrel, by means of a box trap, cage trap or net. O. Reg. 544/17, s. 6 (1).
30. A person shall not apply for or possess more than two wolf/coyote tags to hunt wolf and coyote for any given year. O. Reg. 544/17, s. 6 (1).
31. (1) In any given year, a person shall not apply for or possess more than,
(a) two wild turkey — spring tags; and
(b) one wild turkey — fall tag. O. Reg. 544/17, s. 6 (1).
(2) The holder of a small game licence who is issued a wild turkey-spring tag is thereby authorized to hunt wild turkey with a beard during the open season specified in Item 1 of Table 7.2 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act. O. Reg. 544/17, s. 6 (1).
(3) The holder of a small game licence who is issued a wild turkey-fall tag is thereby authorized to hunt wild turkey with or without a beard during the open seasons specified in Items 2 and 3 of Table 7.2 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act. O. Reg. 544/17, s. 6 (1).
(4) The holder of two wild turkey — spring tags shall not kill more than one wild turkey in a day. O. Reg. 544/17, s. 6 (1).
(5) A person shall not possess more than,
(a) two wild turkeys killed during the open season specified in Item 1 of Table 7.2 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act; and
(b) one wild turkey killed during the open seasons specified in Items 2 and 3 of Table 7.2 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act. O. Reg. 544/17, s. 6 (1).
32. If the holder of a licence to hunt wild turkey kills a turkey and invalidates his or her tag in accordance with section 19, the hunter’s licence continues to be valid despite clause 17 (2) (b) if he or she,
(a) is hunting wild turkey with another person who holds a licence to hunt small game with a valid tag for wild turkey; and
(b) does not carry or use a firearm. O. Reg. 544/17, s. 6 (1).
33. (1) A person shall not hunt wild turkey,
(a) using a live decoy;
(b) using an electronic call; or
(c) within 400 metres of any place where bait has been deposited unless the place has been free of bait for at least seven days. O. Reg. 544/17, s. 6 (1).
(2) In this section,
“bait” means corn, wheat, oats, other grain, pulse, and any other feed that may attract wild turkey or any imitation of such feed. O. Reg. 544/17, s. 6 (1).
(3) For the purposes of clause (1) (c), the following are not places where bait has been deposited:
1. An area of standing crops, whether flooded or not.
2. Harvested crop land that is flooded.
3. An area where crops are properly stacked for the purposes of drying or storage in the field where they grow.
4. An area where grain is scattered solely as a result of normal agricultural or harvesting operations. O. Reg. 544/17, s. 6 (1).
34. This Part does not apply when hunting wild turkey on a game bird hunting preserve as authorized under section 98. O. Reg. 544/17, s. 6 (1).
35. (1) A sport fishing licence issued or recognized under Ontario Regulation 664/98 (Fish Licensing) made under the Act constitutes a licence to hunt bull frogs and northern leopard frogs. O. Reg. 544/17, s. 6 (1).
(2) A person who is licensed to hunt bull frogs and northern leopard frogs shall not catch in one day or possess at any time more than 12 northern leopard frogs for the purpose of using them as bait for fishing. O. Reg. 544/17, s. 6 (1).
(3) No person shall capture, kill or possess at any time specimens of any species of frog other than northern leopard frogs for the purpose of using them as bait for fishing. O. Reg. 544/17, s. 6 (1).
(4) In this section,
“northern leopard frog” means a member of the species Rana pipiens. O. Reg. 544/17, s. 6 (1).
36. 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. 544/17, s. 6 (1).
37. (1) A licence to hunt deer shall consist of a licence summary that lists the deer licence together with a deer tag, subject to section 39. O. Reg. 544/17, s. 6 (1).
(2) A licence to hunt deer when issued to a resident authorizes the resident to hunt antlered or antlerless deer as specified on the deer tag and in the area and under the conditions specified on the tag. O. Reg. 544/17, s. 6 (1).
(3) A licence to hunt deer when issued to a non-resident authorizes the non-resident to,
(a) hunt only antlered deer in the area and under the conditions specified on the tag; or
(b) if the non-resident is issued an additional deer tag made available from the Ministry under subsection (5), hunt antlered or antlerless deer as specified on the deer tag and in the area and under the conditions specified on the tag. O. Reg. 544/17, s. 6 (1).
(4) A resident who is a farmer may apply for and be issued a farmer’s deer licence, instead of a resident deer licence described in subsection (2), authorizing the farmer to hunt antlered or antlerless deer as specified on the deer tag in the geographic area in which the farmer resides and under the conditions specified on the tag. O. Reg. 544/17, s. 6 (1).
(5) A person may apply for and be issued more than one deer tag in any given year if the Ministry makes available additional tags in that given year. O. Reg. 544/17, s. 6 (1).
38. (1) The holder of a licence to hunt deer shall not hunt deer in a controlled deer hunt management unit unless,
(a) the person is hunting with a bow during a season where only bows may be used to hunt deer in the controlled deer hunt management unit under Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act and the person’s deer tag indicates that he or she is authorized to hunt in the unit; or
(b) the following conditions are met:
(i) the person is hunting during a season where hunting in the controlled deer hunt management unit is not limited to the use of bows under Ontario Regulation 670/98 (Open Seasons — Wildlife),
(ii) the person’s licence summary has been updated to include a controlled deer hunt validation, and
(iii) the person is hunting deer of the type specified in the controlled deer hunt validation or, if using an additional deer tag to hunt deer, of the type specified in the additional tag and in accordance with the conditions specified in the licence summary. O. Reg. 544/17, s. 6 (1); O. Reg. 461/18, s. 11 (1).
(2) A licence holder who hunts deer in a controlled deer hunt management unit during an open season in the circumstances described in clause (1) (b) may use the following tags to do so:
1. The deer tag issued to the licence holder at the time of the issuance of his or her licence to hunt deer, subject to any additional conditions that may be specified in the licence summary.
2. An additional deer tag that is valid for the controlled deer hunt management unit, subject to any additional conditions that may be specified on the tag. O. Reg. 461/18, s. 11 (2).
(3) A non-resident shall not be authorized to hunt in a controlled deer hunt management unit under this section unless it is a controlled deer hunt management unit that has an open season for non-residents. O. Reg. 544/17, s. 6 (1).
(4) In this section,
“controlled deer hunt validation” means a notation on a licence summary that indicates that the holder of the licence is authorized to hunt a specified type of deer in a controlled deer hunt management unit during a season specified in the licence summary. O. Reg. 461/18, s. 11 (3).
39. (1) A licence to hunt deer in wildlife management unit 93C shall consist of a licence summary that lists the deer licence together with a deer seal and an authorization for the wildlife management unit issued by the Aylmer District Office of the Ministry. O. Reg. 544/17, s. 6 (1).
(2) A licence to hunt deer in wildlife management unit 93C authorizes the holder to hunt antlered or antlerless deer as specified on the authorization in accordance with any conditions specified on the authorization. O. Reg. 544/17, s. 6 (1).
(3) A person shall not apply for or possess more than two seals to hunt deer in wildlife management unit 93C in any given year. O. Reg. 544/17, s. 6 (1).
(4) Sections 14, 17 and 20 and Part III apply to a deer seal issued under this section as though it were a deer tag. O. Reg. 544/17, s. 6 (1).
(5) Subsections 19 (1), (2) and (3) apply to the invalidation of a deer seal as though it were a deer tag. O. Reg. 544/17, s. 6 (1).
(6) After killing a deer in wildlife management unit 93C and invalidating the deer seal in accordance with subsection (5),
(a) the licensed hunter shall immediately attach the seal to the carcass of the deer in accordance with the instructions that accompany the deer seal; and
(b) the deer seal shall remain attached to the carcass of the deer until such time as the animal has been transported from the site of the kill to the site of processing and is being prepared for long-term storage. O. Reg. 544/17, s. 6 (1).
40. (1) Despite anything in this Part, 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,
(a) the licence holder has obtained the consent of the owner of the land on the island on which the licence holder is hunting deer;
(b) the owner of the land on which the licence holder is hunting deer has signed a consent form supplied by the Ministry for the purpose of this section; and
(c) the licence holder carries the consent form on his or her person with his or her licence while hunting and produces it on the request of a conservation officer. O. Reg. 544/17, s. 6 (1).
(2) Subsection (1) does not apply if the holder of the licence is the owner of land on the relevant island and hunts on that land. O. Reg. 544/17, s. 6 (1).
41. (1) A licence to hunt elk shall consist of a licence summary that lists the elk licence together with an elk tag, subject to the rules in subsection 24.6 (2) that apply to certain members of a hunting party hunting elk. O. Reg. 544/17, s. 6 (1).
(2) A licence to hunt elk authorizes the holder of the licence to hunt elk of the age and sex and in the area specified on the elk tag. O. Reg. 544/17, s. 6 (1).
(3) A non-resident is not eligible to be issued a licence to hunt elk, whether as an individual or as a member of a hunting party. O. Reg. 544/17, s. 6 (1).
(4) A resident who is issued an elk tag in any given year is not eligible to be issued another elk tag until at least five years have elapsed since the previous tag was issued. O. Reg. 544/17, s. 6 (1).
(5) If a person was issued an elk seal at any time before January 1, 2019, the person is not eligible to be issued an elk tag until at least five years have elapsed since the elk seal was issued. O. Reg. 544/17, s. 6 (1).
42. (1) A licence to hunt elk is not valid for hunting elk on private property unless the owner of the property has consented in writing to the hunt occurring on the property. O. Reg. 544/17, s. 6 (1).
(2) The consent of the property owner shall be in writing on a form provided by the Ministry. O. Reg. 544/17, s. 6 (1).
(3) A person who hunts elk on private property shall carry a copy of the written consent of the owner of the property on his or her person while hunting. O. Reg. 544/17, s. 6 (1).
(4) A person who hunts elk on private property shall, at the request of a conservation officer, produce for inspection the copy of the property owner’s written consent. O. Reg. 544/17, s. 6 (1).
(5) Subsections (3) and (4) do not apply to an apprentice hunter. O. Reg. 544/17, s. 6 (1).
(6) This section does not apply to a person who hunts elk on his or her own property. O. Reg. 544/17, s. 6 (1).
Part Viii.1 Revoked: O. Reg. 544/17, s. 6 (1)
General
43. (1) A licence to hunt moose shall consist of a licence summary that lists the moose licence together with a moose tag. O. Reg. 544/17, s. 6 (1).
(2) Despite subsection (1), a licence to hunt moose shall consist of a licence summary that lists the moose licence together with a moose tag and a validation certificate in the circumstances set out in subsections 47 (1) and 50 (2). O. Reg. 544/17, s. 6 (1).
(3) A licence to hunt moose authorizes the holder of the licence to hunt calf moose, cow moose or bull moose as specified on the moose tag, in the area specified on the moose tag and in accordance with the conditions specified on the moose tag. O. Reg. 544/17, s. 6 (1).
(4) Despite subsection (3), if a validation certificate is a component of a licence to hunt moose, the holder of the licence is authorized,
(a) to hunt calf moose, cow moose or bull moose as specified on the moose tag, in the area specified on the moose tag and in accordance with the conditions specified on the moose tag; and
(b) to hunt calf moose, cow moose or bull moose as specified on the validation certificate, in the area specified on the certificate and in accordance with the conditions specified on the certificate. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, section 43 of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 8)
43. (1) A licence to hunt moose shall consist of,
(a) a licence summary that lists the moose licence together with a moose tag; or
(b) a licence summary that lists the moose licence, if the person is hunting in a party in accordance with Part III with at least one other person who holds a valid moose tag. O. Reg. 20/20, s. 8.
(2) A licence to hunt referred to in clause (1) (a) is only valid if the moose tag is also listed on the person’s licence summary. O. Reg. 20/20, s. 8.
(3) A licence to hunt moose authorizes the holder of the licence to hunt calf moose, cow moose or bull moose as specified on the moose tag, in the area specified on the moose tag and in accordance with the conditions specified on the moose tag. O. Reg. 20/20, s. 8.
(4) For greater certainty, subsection (3) applies to a licence holder whether the moose tag is part of his or her licence or is part of the licence held by another hunter who is hunting in a party with the licence holder. O. Reg. 20/20, s. 8.
44. For greater certainty, no person shall kill more than one moose under a moose licence, even where the licence holder is authorized to hunt more than one type of moose under a licence under subsection 43 (4). O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, section 44 of the Regulation is revoked. (See: O. Reg. 20/20, s. 8)
45. A person who holds a licence to hunt moose shall not hunt moose that are predominantly white in colour in wildlife management units 30 and 31. O. Reg. 544/17, s. 6 (1).
46. (1) A tourist outfitter may apply to the Minister for validation certificates on behalf of their registered guests. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 46 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 9 (1))
(1) A tourist outfitter may apply to the Minister for moose tags on behalf of their registered guests, both residents and non-residents. O. Reg. 20/20, s. 9 (1).
(2) A tourist outfitter shall not provide a validation certificate obtained from the Minister to a person who is not a registered guest of that tourist outfitter. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 46 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 9 (1))
(2) A tourist outfitter shall not provide a moose tag obtained from the Minister to a person who is not a registered guest of that tourist outfitter. O. Reg. 20/20, s. 9 (1).
(3) No person shall possess a validation certificate obtained from a tourist outfitter in contravention of subsection (2). O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 46 (3) of the Regulation is amended by striking out “validation certificate” and substituting “moose tag”. (See: O. Reg. 20/20, s. 9 (2))
(4) A tourist outfitter shall keep a record of every registered guest, and the record shall set out,
(a) the name and outdoors card number of the registered guest;
(b) the location, date and duration of stay;
(c) the type of moose validation certificate provided to the registered guest; and
(d) the wildlife management unit for which the certificate is valid. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 46 (4) of the Regulation is amended by adding “and” at the end of clause (b) and by revoking clauses (c) and (d) and substituting the following: (See: O. Reg. 20/20, s. 9 (3))
(c) if the registered guest is issued a moose tag by the tourist outfitter,
(i) the type of moose tag provided, and
(ii) the wildlife management unit for which the moose tag is valid.
(5) A tourist outfitter shall keep the record of each registered guest’s stay for a period of three years following the end of the calendar year during which the person was a registered guest. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, section 46 of the Regulation is amended by adding the following subsections: (See: O. Reg. 20/20, s. 9 (4))
(6) A registered guest of a tourist outfitter who has received a tag from the tourist outfitter or who is hunting in a party with a person who has received a tag from the tourist outfitter shall carry documentation demonstrating that he or she is a registered guest of the tourist outfitter at all times while hunting and produce the documentation at the request of a conservation officer. O. Reg. 20/20, s. 9 (4).
(7) The documentation referred to in subsection (6) shall be in the format established by the Minister. O. Reg. 20/20, s. 9 (4).
(8) A person shall not make a false statement in a document referred to in subsection (6). O. Reg. 20/20, s. 9 (4).
Resident Licences
Note: On January 1, 2021, the heading before section 47 of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 10 (1))
Restrictions and Requirements on Resident Licences
47. (1) A resident who holds a licence to hunt moose in any calendar year may apply to obtain a validation certificate to hunt moose,
(a) from the Ministry, if, at some point during the year, the Ministry makes validation certificates available for resident licence holders to hunt in certain areas of the province for the remainder of the year; or
(b) from a tourist outfitter with whom the resident is a registered guest. O. Reg. 544/17, s. 6 (1).
(2) If the holder of a licence to hunt moose obtains a validation certificate, the certificate may,
(a) if the previously issued licence was limited to hunting calf moose, authorize the licence holder to hunt bull moose or cow moose; and
(b) if the previously issued licence was limited to hunting in a specified area, authorize the licence holder to hunt in another area. O. Reg. 544/17, s. 6 (1).
(3) A resident who holds a licence to hunt moose shall not apply for or possess more than one valid validation certificate at any given time in a year. O. Reg. 544/17, s. 6 (1).
(4) The holder of a licence to hunt moose who has already invalidated his or her moose tag in a given year shall not apply for or possess a validation certificate under this section. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, section 47 of the Regulation is revoked. (See: O. Reg. 20/20, s. 10 (2))
48. (1) A resident who holds a licence to hunt moose in wildlife management unit 65 shall not hunt moose on private land in the wildlife management unit unless the resident 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. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 48 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 11 (1))
(1) A resident who holds a licence to hunt moose shall not hunt moose on private land in wildlife management unit 65 unless the resident 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. 20/20, s. 11 (1).
(2) A person who hunts moose on private property in wildlife management unit 65 shall, at the request of a conservation officer, produce for inspection the copy of the property owner’s written consent. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 48 (2) of the Regulation is amended striking out “private property” and substituting “private land”. (See: O. Reg. 20/20, s. 11 (2))
(3) Subsections (1) and (2) do not apply where the resident is hunting on land that he or she owns in wildlife management unit 65. O. Reg. 544/17, s. 6 (1).
49. (1) A resident who holds a licence to hunt moose shall not hunt moose in wildlife management unit 65 during the open season and using the class of firearm specified in Item 3 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act unless the resident is,
Note: On January 1, 2021, subsection 49 (1) of the Regulation is amended by striking out “Item 3” in the portion before clause (a) and substituting “Item 4”. (See: O. Reg. 20/20, s. 12)
(a) a person whose mobility is impaired in the manner described in subsection 93 (1); or
(b) a person hunting in a party with a person described in clause (a) and carrying a partner permit in accordance with subsection 24.5 (3). O. Reg. 544/17, s. 6 (1).
(2) A resident who holds a licence to hunt moose shall not hunt moose in wildlife management unit 11B during the open season and using the class of firearm specified in Item 8 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act unless the resident is,
(a) a person whose mobility is impaired in the manner described in subsection 93 (1); or
(b) a person hunting in a party as an assistant to a person described in clause (a) and carrying a letter of permission from the Ministry in accordance with subsection 24.5 (6). O. Reg. 544/17, s. 6 (1).
Non-Resident Licences
50. (1) A non-resident licence to hunt moose authorizes the non-resident to hunt moose only in the following circumstances:
1. Hunting while a registered guest of a tourist outfitter.
2. Hunting in a hunting party with an immediate relative who is a resident and holds a resident licence to hunt moose.
3. Hunting in a wildlife management unit in which the non-resident owns land. O. Reg. 544/17, s. 6 (1).
(2) A licence to hunt moose that is issued to a non-resident under paragraph 1 of subsection (1) shall include, as a component of the licence, a validation certificate obtained from the tourist outfitter. O. Reg. 544/17, s. 6 (1).
(3) A non-resident licence to hunt moose authorizes the holder of the licence to do the following:
1. In the case of a licence authorizing a non-resident to hunt in the circumstances described in paragraph 1of subsection (1), to hunt moose of the type, in the area and in accordance with the conditions set out in the validation certificate.
2. In the case of a licence authorizing a non-resident to hunt in the circumstances described in paragraph 2 of subsection (1), to hunt moose of the type, in the area and in accordance with the conditions set out in the moose tag.
3. In the case of a licence authorizing a non-resident to hunt in the circumstances described in paragraph 3 of subsection (1), to hunt calf moose within the unit in which the non-resident owns land. O. Reg. 461/18, s. 12.
(4) A licence to hunt moose that is issued to a non-resident described paragraph 3 of subsection (1) to hunt on land that the non-resident owns shall not,
(a) authorize the non-resident to hunt in a wildlife management unit other than the wildlife management unit in which the non-resident owns land; and
(b) authorize the non-resident to hunt a type of moose other than a calf moose. O. Reg. 544/17, s. 6 (1).
(5) A licence to hunt moose shall not be issued to a non-resident described in paragraph 3 of subsection (1) if the wildlife management unit in which the non-resident owns land is wildlife management unit 7B, 9B, 11A, 11B, 12B, 13 or 14. O. Reg. 544/17, s. 6 (1).
(6) No more than one moose tag shall be issued under paragraph 3 of subsection (1) in respect of land that is owned by a non-resident. O. Reg. 544/17, s. 6 (1).
(7) A non-resident who holds a licence to hunt moose shall not apply for or possess more than one valid validation certificate at any given time in a year. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, section 50 of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 13)
50. (1) A non-resident licence to hunt moose authorizes the holder of the licence to hunt moose only in the following circumstances:
1. Hunting while a registered guest of a tourist outfitter.
2. Hunting in a party with an immediate relative who is a resident and holds a licence to hunt moose together with a valid moose tag. O. Reg. 20/20, s. 13.
(2) A non-resident shall not be issued a moose tag unless the non-resident is hunting while a registered guest of a tourist outfitter. O. Reg. 20/20, s. 13.
Note: On January 1, 2021, the Regulation is amended by adding the following section immediately after the heading “Part X Bear”: (See: O. Reg. 38/20. s. 1)
Definitions
50.1 (1) In this Part and for the purposes of section 32 of the Act,
“bear hunting services” means bear guiding or baiting services provided to resident or non-resident bear hunters. O. Reg. 38/20. s. 1.
(2) In this Part,
“bear management area” means an area designated and outlined in black on a bear management area map, one of a series of bear management area maps covering various parts of the Province of Ontario, produced by the Ministry and filed in the office of the Director of the Fish and Wildlife Policy Branch of the Ministry, as the maps may exist from time to time. O. Reg. 38/20. s. 1.
Resident Licences
51. (1) A licence to hunt bear that is issued to a resident shall consist of a licence summary that lists the bear hunting licence together with a bear tag. O. Reg. 544/17, s. 6 (1).
(2) A resident licence to hunt bear authorizes the holder of the licence to hunt bear in the area specified on the tag and in accordance with the conditions specified on the tag. O. Reg. 544/17, s. 6 (1).
(3) A resident shall not apply for or possess more than two bear tags in any given year. O. Reg. 544/17, s. 6 (1).
Non-Resident Licences
52. In sections 53 and 54,
“bear hunting services” means bear guiding or baiting services provided to non-resident bear hunters;
“bear management area” means an area designated and outlined in black on a bear management area map, one of a series of bear management area maps covering various parts of the Province of Ontario, produced by the Ministry and filed in the office of the Director of the Fish and Wildlife Policy Branch of the Ministry, as the maps may exist from time to time. O. Reg. 544/17, s. 6 (1); O. Reg. 38/20. s. 2 (1).
Note: On January 1, 2021, section 52 of the Regulation is revoked. (See: O. Reg. 38/20. s. 2 (2))
53. (1) A licence to hunt bear that is issued to a non-resident shall consist of a licence summary that lists the bear hunting licence together with a bear tag and a bear hunting validation certificate obtained from the Ministry or from a licensed bear operator. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 53 (1) of the Regulation is amended by striking out “from the Ministry or”. (See: O. Reg. 38/20. s. 3 (1))
(2) A non-resident licence to hunt bear authorizes the holder of the licence to hunt bear in the area specified in the bear hunting validation certificate and in accordance with the conditions specified on the certificate. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 53 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 38/20. s. 3 (2))
(2) A non-resident licence to hunt bear authorizes the non-resident to hunt bear only,
(a) in the area specified in the bear hunting validation certificate;
(b) in accordance with the conditions specified on the bear hunting validation certificate; and
(c) while the holder of the licence has a valid contract for bear hunting services with the licensed bear operator who issued the bear hunting validation certificate. O. Reg. 38/20. s. 3 (2).
(3) A non-resident licence to hunt bear authorizes the non-resident to hunt bear only in the following circumstances:
1. Hunting while the non-resident has a contract for bear hunting services with the licensed bear operator who issued the bear hunting validation certificate.
2. Hunting in a party with an immediate relative who is a resident and holds a resident licence to hunt bear.
3. Hunting in a wildlife management unit in which the non-resident owns land. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 53 (3) of the Regulation is revoked. (See: O. Reg. 38/20. s. 3 (2))
(4) No more than one bear hunting validation certificate shall be issued under paragraph 3 of subsection (3) in respect of land that is owned by a non-resident. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 53 (4) of the Regulation is revoked. (See: O. Reg. 38/20. s. 3 (2))
(5) No person shall possess or use a bear hunting validation certificate issued in contravention of subsection (4). O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, subsection 53 (5) of the Regulation is revoked. (See: O. Reg. 38/20. s. 3 (2))
(6) A bear hunting validation certificate is valid only for the area and for the period specified on it. O. Reg. 461/18, s. 13 (1).
(7) Revoked: O. Reg. 461/18, s. 13 (2).
Note: On January 1, 2021, the Regulation is amended by adding the following heading before section 54: (See: O. Reg. 38/20. s. 4)
Licences to Provide Bear Hunting Services
54. (1) A licence to provide bear hunting services under clause 32 (2) (b) of the Act authorizes a licensed bear operator to,
(a) provide bear hunting services in a bear management area or wildlife management unit designated in his or her licence, subject to subsection (2); and
(b) issue bear hunting validation certificates on behalf of the Ministry. O. Reg. 544/17, s. 6 (1).
Note: On January 1, 2021, clause 54 (1) (b) of the Regulation is amended by adding “to non-residents” after “validation certificates”. (See: O. Reg. 38/20. s. 5)
(2) A licensed bear operator shall only provide bear hunting services,
(a) if the licence specifies a bear management area,
(i) on Crown land in the area, and
(ii) on any private land in the area for which the licence holder has received permission to provide the services; and
(b) if the licence specifies a wildlife management unit, on any private land in the area for which the licence holder has received permission to provide the services that is not located within a bear management area. O. Reg. 544/17, s. 6 (1).
(3) A licensed bear operator shall not issue a bear hunting validation certificate to a non-resident unless the non-resident has contracted with the operator for bear hunting services. O. Reg. 544/17, s. 6 (1).
(4) A licensed bear operator shall not issue a bear hunting validation certificate to a non-resident to hunt bear in an area other than the area, or a part of the area, in which the licensed bear operator is authorized to provide bear hunting services. O. Reg. 544/17, s. 6 (1).
(5) No person shall possess or use a validation certificate issued by a licensed bear operator in contravention of subsection (3) or (4). O. Reg. 544/17, s. 6 (1).
(6) A licensed bear operator shall carry out the following responsibilities with respect to the bear hunting validation certificates it receives from the Ministry:
1. When issuing a certificate, the operator shall,
i. complete all applicable information on the certificate, and
ii. follow any other instructions from the Ministry that are provided along with the certificates.
2. The operator shall return all unissued, cancelled or void certificates that were provided by the Ministry to the office of the Ministry that provided the certificates on or before,
i. June 29 in the year the certificates were provided, if they were provided on or before June 15, and
ii. December 14 in the year the certificates were provided, if they were provided after June 15. O. Reg. 544/17, s. 6 (1).
(7) A licensed bear operator shall not transfer any unissued bear hunting validation certificates provided by the Ministry to another licensed bear operator. O. Reg. 461/18, s. 14 (2).
Note: On January 1, 2021, the Regulation is amended by adding the following section: (See: O. Reg. 38/20. s. 6)
54.1 (1) Clause 32 (2) (b) of the Act does not apply to a person who provides bear hunting services to resident bear hunters on land that is not located within a bear management area. O. Reg. 38/20. s. 6.
(2) For greater certainty, subsection 54 (2) does not prevent a licensed bear operator from providing bear hunting services to resident bear hunters on land that is not located within a bear management area. O. Reg. 38/20. s. 6.
General
55. (1) A person who holds a licence to hunt bear or a trapping licence shall not shoot or attempt to shoot a cub or a female bear that is accompanied by a cub during any part of an open season for bear specified in Table 2 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act that falls within May or June in any year. O. Reg. 544/17, s. 6 (1).
(2) In this section,
“cub” means a bear born in the year of the hunt. O. Reg. 544/17, s. 6 (1).
56. (1) A person who places bait for the purpose of bear hunting shall comply with the following requirements:
1. Bait must not be placed within 500 metres of a dwelling, unless written permission is obtained from the owner of the dwelling.
2. Bait must not be placed within 500 metres of a public building.
3. Bait must not be placed within 30 metres of,
i. a right of way for public vehicular traffic, or
ii. a recreational trail that,
A. is established and maintained by an organization for the general public, and
B. is reasonably signposted and marked as a trail. O. Reg. 544/17, s. 6 (1); O. Reg. 38/20. s. 7.
(2) In this section,
“bait” means any organic matter that may attract bear;
“public building” means any building that is open to the public or to which the public may be admitted, including both commercial and non-commercial establishments. O. Reg. 544/17, s. 6 (1).
57. A person shall not hunt a bear within 400 metres of a waste disposal site as defined in the Environmental Protection Act. O. Reg. 544/17, s. 6 (1).
58. (1) A person who is issued a tag to hunt a species of game wildlife under this Regulation shall complete a hunter report and submit it to the Minister in accordance with this Part. O. Reg. 544/17, s. 7 (1).
Note: On January 1, 2021, subsection 58 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 14 (1))
(1) Any person who is issued a tag to hunt a species of game wildlife under this Regulation, and any person who is issued a licence to hunt moose under this Regulation, shall complete a hunter report and submit it to the Minister in accordance with this Part. O. Reg. 20/20, s. 14 (1).
(2) A hunter report shall be in the form provided by the Minister. O. Reg. 544/17, s. 7 (1).
(3) A hunter report shall set out the following information:
1. Information about any wildlife killed under the tag, including the species that was killed, the sex, age or type of animal that was killed, where applicable, and the date and location of the kill.
Note: On January 1, 2021, paragraph 1 of subsection 58 (3) of the Regulation is amended by striking out “tag” and substituting “tag or licence, as the case may be”. (See: O. Reg. 20/20, s. 14 (2))
2. Such information relating to the hunt as may be specified in the form provided by the Minister, including the location of the hunt, the type of firearm used and the days on which the person engaged in hunting activities, whether or not any wildlife was killed. O. Reg. 544/17, s. 7 (1).
(4) A hunter report may be submitted online on the Government of Ontario website or by such other means as the Ministry determines. O. Reg. 544/17, s. 7 (1).
(5) A hunter report shall be submitted within the following time periods:
1. A person who is issued a wolf/coyote tag shall submit the report no later than January 14 in the year following the end of the year during which the tag was valid.
2. A person who is issued a wild turkey – spring tag shall submit the report no later than June 14 following the spring open season for wild turkey.
3. A person who is issued a wild turkey – fall tag shall submit the report no later than November 14 following the fall open season for wild turkey.
4. A person who is issued an elk tag shall submit the report no later than 14 days following the close of the last open season in the year during which the tag was valid.
5. A person who is issued a moose tag shall submit the report no later than December 29 in the year during which the tag was valid.
Note: On January 1, 2021, paragraph 5 of subsection 58 (5) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 14 (3))
5. A person who is issued a licence to hunt moose shall submit the report no later than December 29 in the year during which the licence was valid.
6. A person who is issued a deer tag shall submit the report no later than January 14 in the year following the year during which the tag was valid.
7. A person who is issued a bear tag on or before June 15 in any year shall submit a hunter report for the spring and one for the fall as follows:
i. The spring report shall be submitted no later than June 29 following the spring open season in the year the tag was valid, and
ii. The fall report shall be submitted no later than December 14 following the fall open season in the year the tag was valid.
Note: On January 1, 2021, paragraph 7 of subsection 58 (5) of the Regulation is revoked and the following substituted: (See: O. Reg. 38/20. s. 8)
7. A person who is issued a bear tag shall submit the report no later than December 14 in the year during which the tag was valid.
8. A person who is issued a bear tag after June 15 shall submit the report no later than December 14 in the year the tag was valid. O. Reg. 544/17, s. 7 (1).
Note: On January 1, 2021, paragraph 8 of subsection 58 (5) of the Regulation is revoked. (See: O. Reg. 38/20. s. 8)
(6) This section does not apply to a non-resident who is issued,
(a) a validation certificate to hunt moose by a tourist outfitter; or
Note: On January 1, 2021, clause 58 (6) (a) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 14 (4))
(a) a licence to hunt moose and hunts moose as a registered guest of a tourist outfitter; or
(b) a licence to hunt bear. O. Reg. 544/17, s. 7 (1).
59. (1) Any person, whether resident or non-resident, who is a registered guest of a tourist outfitter and has been issued a validation certificate to hunt moose by the tourist outfitter shall submit a hunter report to the tourist outfitter under this section. O. Reg. 544/17, s. 7 (1).
Note: On January 1, 2021, subsection 59 (1) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 15 (1))
(1) Any resident who is a registered guest of a tourist outfitter and has been issued a moose tag by the tourist outfitter shall submit a hunter report to the tourist outfitter under this section, in addition to complying with any reporting requirements under section 58. O. Reg. 20/20, s. 15 (1).
(1.1) Any non-resident who is a registered guest of a tourist outfitter and is licensed to hunt moose, whether or not a moose tag is included as a component of the hunter’s licence, shall submit a hunter report to the tourist outfitter under this section. O. Reg. 20/20, s. 15 (1).
(2) A hunter report required under this section shall set out the information required under subsection 58 (3). O. Reg. 544/17, s. 7 (1).
(3) A hunter report required under this section shall be submitted to the tourist outfitter no later than,
(a) in the case of a registered guest who is a non-resident, November 22 in the year during which the certificate is valid; and
Note: On January 1, 2021, clause 59 (3) (a) of the Regulation is amended by striking out “certificate” and substituting “hunter’s licence”. (See: O. Reg. 20/20, s. 15 (2))
(b) in the case of a registered guest who is a resident, December 22 in the year during which the certificate is valid. O. Reg. 544/17, s. 7 (1).
Note: On January 1, 2021, clause 59 (3) (b) of the Regulation is amended by striking out “certificate” and substituting “hunter’s licence”. (See: O. Reg. 20/20, s. 15 (3))
60. (1) A non-resident who is issued a licence to hunt bear shall submit a hunter report under this section. O. Reg. 544/17, s. 7 (1).
(2) A hunter report required under this section shall set out the information required under subsection 58 (3). O. Reg. 544/17, s. 7 (1).
(3) A hunter report required under this section shall be submitted within the time specified in subsection (4) to,
(a) if the bear hunting validation certificate was issued by a licensed bear operator, that licensed bear operator; and
(b) if the bear hunting validation certificate was issued by the Ministry, the district office of the Ministry that issued the certificate. O. Reg. 544/17, s. 7 (1).
Note: On January 1, 2021, subsection 60 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 38/20. s. 9)
(3) A hunter report required under this section shall be submitted within the time specified in subsection (4) to the licensed bear operator who issued the bear hunting validation certificate. O. Reg. 38/20. s. 9.
(4) A hunter report required under this section shall be submitted,
(a) no later than June 22 following the day the bear hunting validation certificate is issued if it is issued on or before June 15; and
(b) no later than December 7 following the day the bear hunting validation certificate is issued if it is issued after June 15. O. Reg. 544/17, s. 7 (1).
61. (1) A tourist outfitter or a licensed bear operator who receives a hunter report under section 59 or 60, as the case may be, shall submit the report to the Ministry. O. Reg. 544/17, s. 7 (1).
(2) A hunter report shall be submitted to the Ministry at the district office of the Ministry that provided the tourist outfitter or licensed bear operator with validation certificates or at such other place as may be permitted by the Minister. O. Reg. 544/17, s. 7 (1).
Note: On January 1, 2021, subsection 61 (2) of the Regulation is revoked and the following substituted: (See: O. Reg. 20/20, s. 16 (1))
(2) A hunter report shall be submitted to the Ministry at the district office of the Ministry that provided the tourist outfitter with the moose tags or that provided the licensed bear operator with validation certificates, as the case may be, or in such other manner as may be permitted by the Minister. O. Reg. 20/20, s. 16 (1).
(3) A hunter report shall be submitted to the Ministry under this section,
(a) in the case of a report submitted by a tourist outfitter, on or before December 29 in the year during which the certificate is valid; and
Note: On January 1, 2021, clause 61 (3) (a) of the Regulation is amended by striking out “certificate” and substituting “hunter’s licence”. (See: O. Reg. 20/20, s. 16 (2))
(b) in the case of a report submitted by a licensed bear operator,
(i) on or before June 29 following the day the report was received from the non-resident, if the report was to be received by the operator on or before June 22, and
(ii) on or before December 14 following the day the report was received from the non-resident, if the report was to be received from the non-resident on or before December 7. O. Reg. 544/17, s. 7 (1).
62. The Minister may refuse to issue a licence to hunt to any person who failed, in the previous year, to submit a hunter report under section 58, 59 or 60 within the time specified under those sections or who submitted a false or misleading report. O. Reg. 544/17, s. 7 (1).
PART XI
HUNTING METHODS AND FIREARM RESTRICTIONS
63. (1) The geographic areas described in Schedule 1 to Part 8 of Ontario Regulation 663/98 (Area Descriptions) made under the Act are prescribed for the purpose of clause 17 (1) (d) of the Act as parts of Ontario in which it is prohibited to have a loaded firearm in, or discharge a firearm in or across, a right of way for public vehicular traffic. O. Reg. 54/10, s. 17.
(2) The geographic areas described in Schedule 2 to Part 8 of Ontario Regulation 663/98 (Area Descriptions) made under the Act are prescribed for the purpose of clause 17 (1) (d) of the Act as parts of Ontario in which it is prohibited,
(a) to discharge a firearm in or across a right of way for public vehicular traffic at any time; and
(b) to have a loaded firearm in a right of way for public vehicular traffic during any open season for deer or elk in the geographic areas that is not a season when only bows may be used to hunt deer or elk. O. Reg. 54/10, s. 17; O. Reg. 529/10, s. 8.
(3) If a right of way is only maintained on a seasonal basis, this section only applies during the period when the right of way is maintained. O. Reg. 54/10, s. 17.
64. A person shall not, for the purpose of hunting, while in the areas described in Schedule 3 to Part 8 of Ontario Regulation 663/98 (Area Descriptions) made under the Act,
(a) possess a firearm, unless the firearm is unloaded and encased; or
(b) use a firearm. O. Reg. 665/98, s. 64; O. Reg. 54/10, s. 18.
65. (1) A person shall not possess a loaded firearm for the purpose of hunting,
(a) on a right of way for public vehicular traffic; or
(b) 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. 54/10, s. 19 (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,
(a) the geographic areas described in Schedule 1 to Part 8 of Ontario Regulation 663/98 (Area Descriptions) made under the Act; and
(b) the geographic areas described in Schedule 2 to Part 8 of Ontario Regulation 663/98 (Area Descriptions) made under the Act, during any open season for deer or elk in the geographic areas that is not a season when only bows may be used to hunt deer or elk. O. Reg. 54/10, s. 19 (2); O. Reg. 529/10, s. 9.
(4) If a right of way is only maintained on a seasonal basis, this section only applies during the period when the right of way is maintained. O. Reg. 54/10, s. 19 (2).
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 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.
(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 shall not possess any shotgun shell loaded with ball or with shot larger than number two shot while hunting with a shotgun in wildlife management unit 7A during the period from August 15 to December 15 in any year. O. Reg. 54/10, s. 20.
(2) A person shall not hunt with or possess while hunting a rifle of greater muzzle energy than 400 foot-pounds in wildlife management unit 7A during the period from August 15 to December 15 in any year. O. Reg. 54/10, s. 20; O. Reg. 49/11, s. 15 (1).
(3) Revoked: O. Reg. 49/11, s. 15 (2).
(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 muzzle-loading guns shall be used for hunting bear in wildlife management unit 7A. O. Reg. 665/98, s. 68; O. Reg. 49/11, s. 16.
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, elk or moose.
TABLE
Items |
Column 1 |
Column 2 |
Column 3 |
|
Species |
Class of Firearm |
Content of Class |
1. |
Moose, Elk, Deer |
Class 1 |
Bow |
2. |
Moose, Elk, Deer |
Class 2 |
Bow, or muzzle-loading gun |
3. |
Deer |
Class 3 |
Bow, shotgun, or muzzle-loading gun |
4. |
Moose, Elk, Deer |
Class 4 |
Rifle, shotgun, or muzzle-loading gun |
5. |
Deer |
Class 5 |
Muzzle-loading gun |
6. |
Deer |
Class 6 |
Shotgun, or muzzle-loading gun |
7. |
Moose, Elk, Deer |
Class 7 |
Bow, rifle, shotgun, or muzzle-loading gun |
O. Reg. 581/99, s. 4; O. Reg. 320/06, s. 2; O. Reg. 529/10, s. 10; O. Reg. 49/11, s. 17.
70. A person who hunts deer, elk 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; O. Reg. 529/10, s. 11.
71. (1) A person shall not use or possess, for the purpose of hunting, in an area usually inhabited by wildlife, a product that contains or purports to contain the faeces, urine, blood, gland oil, saliva or other bodily fluids of a cervid. O. Reg. 325/10, s. 1.
(2) In this section,
“cervid” means a member of a species of the deer family. O. Reg. 325/10, s. 1.
72.-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 person hunting small game, when in an area during an open season in the area for a species of big game, shall not possess or use,
(a) a centre-fire rifle; or
(b) shells loaded with ball or shot larger than number two shot. O. Reg. 49/11, s. 18; O. Reg. 544/17, s. 8.
(1.1) Subsection (1) does not apply to,
(a) a person hunting small game if the person holds a valid licence for the species of big game that has an open season in the area and at the time the person is hunting; or
(b) a person who has a valid licence to hunt wolf or coyote and is hunting wolf or coyote under the authority of that licence. O. Reg. 20/20, s. 17.
(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. A person hunting small game shall not carry or use a rifle of greater calibre than the rifle known as a .275-calibre rifle, except a muzzle-loading rifle, in the geographic areas described in Schedule 4 to Part 8 of Ontario Regulation 663/98 (Area Descriptions) made under the Act. O. Reg. 49/11, s. 19.
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.
(2.1) Subsections (1) and (2) do not apply to a person who hunts wild turkeys. O. Reg. 442/16, s. 6.
(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. (1) A person who hunts wild turkey shall not use a type of firearm other than,
(a) a shotgun, including a muzzle-loading shotgun of at least 20 gauge but not larger than 10 gauge, loaded with shot sizes number 4, 5, 6 or 7; or
(b) a crossbow or long-bow, used with an arrow or bolt, that meet the requirements set out in subsection (3). O. Reg. 442/16, s. 7; O. Reg. 87/17, s. 9.
(2) A person who hunts wild turkey shall not use a type of firearm referred to in subsection (1) in an area or at a time of year unless it is a type of firearm specified for use in the area in Table 7.2 of Ontario Regulation 670/98 (Open Seasons — Wildlife) during the applicable open season. O. Reg. 442/16, s. 7.
(3) The following are the requirements applicable to a crossbow or long-bow, and any arrow or bolt, used to hunt wild turkey:
1. The crossbow must have,
i. a draw length of at least 300 millimetres, and
ii. a draw weight of at least 45 kilograms at the release latch mechanism or at some point between the release latch mechanism and the point of string rest.
2. The long-bow must have a draw weight of at least 18 kilograms at some point between a draw length of 700 millimetres and the point of string rest.
3. The arrow must,
i. be at least 600 millimetres in length, and
ii. have a head that is at least 22 millimetres at its widest part and that has at least two sharp cutting edges.
4. The bolt must have a head that is at least 22 millimetres at its widest part and that has at least two sharp cutting edges. O. Reg. 442/16, s. 7.
80. (1) Subject to subsection (3), a person described in subsection (2) is exempt from subsection 20 (1) of the Act for the purpose of hunting raccoon at night and may, while hunting raccoon at night,
(a) have a loaded and un-encased firearm in his or her possession in an area usually inhabited by raccoon, subject to subsection (4); and
(b) shine a light, subject to subsection (5). O. Reg. 171/13, s. 3.
(2) The following are the persons to whom subsection (1) applies:
1. The holder of a resident small game licence.
2. The holder of a trapping licence hunting in the area described in his or her licence. O. Reg. 171/13, s. 3.
(3) A person described in subsection (2) may carry out the activities described in subsection (1) only if the person is accompanied by a dog licensed for the purpose of hunting. O. Reg. 171/13, s. 3.
(4) The only firearm that a person may keep loaded and un-encased under clause (1) (a) is a .22-calibre rim-fire rifle chambered for cartridges known as a .22 short, .22 long or .22 long rifle but it shall be kept unloaded and encased while in a vehicle or boat. O. Reg. 171/13, s. 3.
(5) A person may not shine a light while hunting raccoon at night if the light is attached to, or shone from, a vehicle or boat. O. Reg. 171/13, s. 3.
81. Revoked: O. Reg. 171/13, s. 3.
82. A person shall not hunt big game with a bow unless it is a crossbow or long-bow, used with an arrow or bolt, that meet the following requirements:
1. The crossbow must have,
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,
A. at least 45 kilograms when woodland caribou or deer are being hunted, or
B. at least 54 kilograms when bear, American elk or moose are being hunted.
2. The long-bow must have a draw weight, at some point between a draw length of 700 millimetres and the point of string rest, of,
i. at least 18 kilograms when woodland caribou or deer are being hunted, or
ii. at least 22 kilograms when bear, American elk or moose are being hunted.
3. The arrow must,
i. be at least 600 millimetres in length, and
ii. have a head that is at least 22 millimetres at its widest part and that has at least two sharp cutting edges.
4. The bolt must have a head that is at least 22 millimetres at its widest part and that has at least two sharp cutting edges. O. Reg. 442/16, s. 8.
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. Revoked: O. Reg. 87/17, s. 10.
86. (1) For the purposes of subsection 25 (1) of the Act, a person may use or be accompanied by a dog while hunting big game if a licence has been issued in respect of that dog and subject to the rules set out in this section. O. Reg. 171/13, s. 4.
(2) A person shall not use or be accompanied by a dog when hunting elk. O. Reg. 171/13, s. 4.
(3) For the purposes 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 while hunting deer or moose:
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 29, 39, 40, 42, 43, 43.1.1, 43.1.2, 43.2, 43.3, 47, 65, 67, 68, 72, 73, 74 and 76.
2. In the case of hunting moose, during the periods and in the areas specified in items 3 and 4 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 171/13, s. 4; O. Reg. 82/15, s. 3.
Note: On January 1, 2021, paragraph 2 of subsection 86 (3) of the Regulation is amended by striking out “items 3 and 4” and substituting “items 4 and 5”. (See: O. Reg. 20/20, s. 18)
(4) For the purposes of subsection 25 (2.1) of the Act and despite subsections (1), (2) and (3) of this section, a person may use or be accompanied by a dog while hunting bear, elk, deer or moose in any part of Ontario without a licence issued in respect of the dog if,
(a) the person is using the dog only to search for a bear, elk, deer or moose that has already been wounded during the hunt;
(b) the dog is kept on a leash that has a maximum length of 10 metres; and
(c) the dog is under the physical control of the person at all times. O. Reg. 544/17, s. 9; O. Reg. 38/20. s. 10 (1, 2).
(5) A person who uses a dog to track a bear, elk, deer or moose already wounded in a hunt may do so without a licence to hunt despite subsection 6 (1) of the Act and without carrying an outdoors card if,
(a) the person follows the requirements of clauses (4) (b) and (c);
(b) the person is not in possession of a firearm; and
(c) the person accompanies the licensed hunter who wounded the animal being tracked. O. Reg. 544/17, s. 9; O. Reg. 38/20. s. 10 (3).
(6) Section 26 applies to a person referred to in subsection (5) as though he or she were a licensed hunter. O. Reg. 544/17, s. 9.
87. Revoked: O. Reg. 171/13, s. 5.
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 small game licence may, outside of the open season, pursue, chase and search for,
(a) raccoon at night;
(b) red fox during the day; and
(c) coyote and wolf during the day, except in those areas set out in subsection (6). O. Reg. 171/13, s. 6.
(2) Revoked: O. Reg. 87/17, s. 11 (1).
(3) Any person conducting activities under subsection (1) shall not,
(a) use or carry a firearm; or
(b) kill or capture wildlife. O. Reg. 171/13, s. 6; O. Reg. 87/17, s. 11 (2).
(4) The holder of a small game licence who is pursuing, chasing or searching for raccoon at night in circumstances permitted under subsection (1) shall be accompanied by a dog that is licensed for the purpose of hunting. O. Reg. 171/13, s. 6; O. Reg. 87/17, s. 11 (3).
(5) The holder of a small game licence who is pursuing, chasing or searching for red fox, coyote or wolf during the day outside of the open season shall be accompanied by a dog. O. Reg. 171/13, s. 6.
(6) A person shall not pursue, chase or search for coyote or wolf during the day in the areas set out in Item 8 of Table 6 of Ontario Regulation 670/98 (Open Seasons — Wildlife). O. Reg. 171/13, s. 6; O. Reg. 87/17, s. 11 (4).
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) Revoked: O. Reg. 54/10, s. 23.
(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.
97.1 (1) Despite subsection 6 (1) of the Act, a person may hunt game birds on a game bird hunting preserve without a licence to do so if,
(a) the person holds a valid outdoors card; and
(b) the person meets one of the accreditation requirements for a licence to hunt described in section 11 or 12. O. Reg. 544/17, s. 10.
(2) The owner or operator of a game bird hunting preserve shall not permit a person to hunt on the preserve unless,
(a) the person holds a valid outdoors card;
(b) if hunting with a gun, the person meets the requirements to hunt with a gun under section 25.2; and
(c) the person has provided documentation to the owner or operator of the game bird hunting preserve confirming that he or she meets the requirements of clauses (a) and (b). O. Reg. 544/17, s. 10.
(3) A person shall not hunt a species of game bird on a game bird hunting preserve unless it is a species of game bird for which the licence to own or operate the game bird hunting preserve is valid. O. Reg. 544/17, s. 10.
98. (1) Gray (Hungarian) partridge, 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); O. Reg. 544/17, s. 11 (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 gray (Hungarian) partridge, northern bobwhite, ring-necked pheasant or wild turkey on a game bird hunting preserve. O. Reg. 665/98, s. 98 (2); O. Reg. 544/17, s. 11 (2).
99. (1) A person shall not remove from a game bird hunting preserve a game bird 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); O. Reg. 54/10, s. 24 (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 game bird from the game bird hunting preserve before the bird is removed. O. Reg. 665/98, s. 99 (3); O. Reg. 54/10, s. 24 (2).
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,
(a) when occupying a campground camp-site, as defined in Ontario Regulation 347/07 (Provincial Parks: General Provisions) made under the Provincial Parks and Conservation Reserves Act, 2006 in a provincial park;
(b) while travelling in a vehicle on a road leading directly to or from the campground camp-site; or
(c) while travelling in a vehicle directly through the provincial park. O. Reg. 54/10, s. 25.
(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).
(3) The holder of a licence to hunt who is travelling through Long Point Provincial Park on his or her way to hunt in the area described in Schedule 4 to Part 3 of Ontario Regulation 663/98 (Area Descriptions) made under the Act or while returning from hunting in the area, may possess,
(a) a firearm that is kept unloaded and encased; and
(b) if returning from the area, wildlife that was harvested in the area in accordance with his or her licence. O. Reg. 49/11, s. 21.
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 39, 41 and all Schedules numbered 43 or higher, with the exception of Schedules 131 to 136; 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 an area described in Schedules 42 and 131. O. Reg. 665/98, s. 110; O. Reg. 380/00, s. 3; O. Reg. 88/01, s. 1; O. Reg. 333/06, s. 1; O. Reg. 91/09, s. 1; O. Reg. 127/11, s. 1.
110.1 The holder of a licence to hunt may hunt a game mammal, migratory game bird, game bird, or a furbearing mammal other than a wolf or coyote, as authorized by his or her licence, in the area described in Schedule 40,
(a) within the period of January 1 to the Thursday immediately before Victoria Day, from the first day on which the season is open until the last day of the open season or the Thursday immediately before Victoria Day, whichever is earlier; and
(b) within the period of September 1 to December 31, from September 1 or the first day on which the season is open, whichever is later, until the last day of the open season or December 31, whichever is earlier. O. Reg. 91/09, s. 2.
110.2 The holder of a licence to hunt may hunt wildlife in accordance with the licence in the area described in Schedules 132 to 136,
(a) beginning on the first day of the open season for the wildlife; and
(b) ending on the last day of the open season for the wildlife. O. Reg. 127/11, s. 2.
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)-(3) Revoked: O. Reg. 461/18, s. 16.
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 may hunt only within an area that is no more than 30 metres from the stake or blind. O. Reg. 665/98, s. 123 (3); O. Reg. 49/11, s. 23.
124. The holder of a small game licence may hunt in Beaver Meadow Hunting Area or Camden Lake Hunting Area if the person enters and leaves the hunting area through the designated parking area. O. Reg. 49/11, s. 24.
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. Revoked: O. Reg. 52/06, s. 3.
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 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; O. Reg. 461/18, s. 17.
Note: On January 1, 2021, subsection 129 (2) of the Regulation is revoked. (See: O. Reg. 20/20, s. 19)
PART XVII
PROTECTION OF PROPERTY
130. (1) A person who kills a bear, or who kills a wolf or coyote in a wolf and coyote tag management unit, 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; O. Reg. 544/17, s. 12.
(2) The person shall provide the information relevant to the killing required by the District Manager. O. Reg. 665/98, s. 130 (2); O. Reg. 54/10, s. 26.
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 28. O. Reg. 665/98, s. 131; O. Reg. 37/16, s. 8.
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.
6. Persons who hold a valid outdoors card and who meet the accreditation requirements for a licence to hunt described in section 11 or 12, for the purposes of killing or harassing the wildlife but not capturing it. O. Reg. 665/98, s. 132 (1); O. Reg. 171/13, s. 7; O. Reg. 544/17, s. 13 (1).
(2) An agent described in paragraph 2 or 3 of subsection (1) who is using a firearm must meet the accreditation requirements for a licence to hunt described in section 11 or 12. O. Reg. 544/17, s. 13 (2).
(2.1) An agent described in subsection (1) who is using a gun must meet the requirements of section 25.2 to hunt with a gun. O. Reg. 544/17, s. 13 (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).
133.1 (1) Subsection 7 (1) of the Act does not apply to a person who destroys, takes or possesses the nest or eggs of a bird that belongs to a species that is wild by nature while carrying out one of the following activities:
1. A renewable energy project in accordance with a renewable energy approval under Part V.0.1 of the Environmental Protection Act.
2. Activities required to maintain an electricity transmission or distribution line within the transmission or distribution corridor or to maintain a telecommunications line or a broadcast tower, subject to subsection (2).
3. Forest operations in accordance with the applicable forest management plan approved under the Crown Forest Sustainability Act, 1994. O. Reg. 171/13, s. 8.
(2) A person who carries out an activity described in paragraph 2 of subsection (1) is, pursuant to subsection (1), exempt from subsection 7 (1) of the Act only if the nest or egg that is destroyed, taken or possessed created a risk to the function of the electricity transmission or distribution line or to the telecommunications line or broadcast tower. O. Reg. 171/13, s. 8.
133.2 (1) Clauses 11 (1) (b) and (d) of the Act do not apply to a municipality that hires or employs a person to hunt or trap furbearing mammals within the boundaries of the municipality. O. Reg. 171/13, s. 8.
(2) Clause 11 (1) (a) of the Act does not apply to a person who is hired or employed by a municipality to hunt furbearing mammals within the boundaries of the municipality if,
(a) the person holds a valid hunting licence for the furbearing mammal he or she is hunting; and
(b) the person is hunting in accordance with the terms and conditions of the licence. O. Reg. 171/13, s. 8.
(3) For greater certainty, nothing in this section authorizes a person to pay or accept a bounty contrary to clause 11 (1) (e) of the Act. O. Reg. 171/13, s. 8.
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.
135.1 (1) A person is exempt from subsection 52 (1) of the Act for the purpose of listing game wildlife or fish on a menu, and charging for serving it, if all of the following conditions are met:
1. The game wildlife or fish is,
i. lawfully obtained under a valid hunting, trapping or fishing licence, and
ii. donated for use at an event described in paragraph 2.
2. The game wildlife or fish is served at an event hosted by the person for a charitable purpose and all profits from the event are used for that charitable purpose.
3. At least five days before the event is held, the person gives notice of the event in writing to the medical officer of health for the health unit in which the event is held and the notice includes,
i. the name of the person holding the event, and
ii. the date and location of the event. O. Reg. 171/13, s. 8.
(2) For a period of one year after the event referred to in paragraph 2 of subsection (1) is held, the person who hosted the event shall,
(a) maintain records of,
(i) all expenditures and revenues of the event, and
(ii) the manner in which the profits were used for the charitable purpose; and
(b) within seven days of receiving a request from a conservation officer, provide copies of any records maintained under clause (a) to the conservation officer. O. Reg. 171/13, s. 8.
(3) In subsection (1),
“charitable purpose” means,
(a) conservation or other efforts to protect or conserve wildlife, fish or their habitats, or
(b) any other purpose beneficial to the community. O. Reg. 171/13, s. 8.
135.2 For the purposes of clause 54 (1.1) (b) of the Act, the following persons may release chukar partridges or ring-necked pheasants that have been imported into Ontario or propagated from stock imported into Ontario if the release is done for the purpose of hunting and in the following circumstances:
1. The holder of a small game licence who owns or occupies property may release,
i. a maximum of 10 chukar partridges on the property during a calendar year, and
ii. a maximum of 10 ring-necked pheasants on the property during the open season for the species set out in Table 7 of Ontario Regulation 670/98 (Open Seasons — Wildlife).
2. A municipality may release ring-necked pheasants if,
i. the municipality, with the authorization of the Minister, passed a by-law under subsection 79 (1) of the Act for the issuance of licences to hunt ring-necked pheasants, and
ii. the pheasants are released only during the open season for ring-necked pheasants set out in Table 7 of Ontario Regulation 670/98 (Open Seasons — Wildlife), or during the two weeks preceding that open season.
3. A person who holds a licence to own or operate a game bird hunting preserve may release chukar partridge or any species of game bird for which the licence is valid during the time period for which the licence is valid and in the areas to which the licence applies.
4. A person who holds an authorization to conduct dog training and field trials during the closed season under section 26 of the Act may release chukar partridges or ring-necked pheasants during the time period for which the authorization is valid and in the areas to which the authorization applies. O. Reg. 171/13, s. 9; O. Reg. 544/17, s. 14.
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.