O. Reg. 667/98: TRAPPING, Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41

Fish and Wildlife Conservation Act, 1997
Loi de 1997 sur la protection du poisson et de la faune

ONTARIO REGULATION 667/98

TRAPPING

Historical version for the period July 3, 2007 to August 31, 2007.

Last amendment: O. Reg. 303/07.

This Regulation is made in English only.

Interpretation

1. (1) In this Regulation,

Note: On September 1, 2007, subsection (1) is amended by adding the following definitions:

“certified trap” means a killing trap set out in Column 2 of Part 1 of Schedule 1 and a leg-hold restraining trap set out in Column 2 of Part 2 of Schedule 1;

“killing trap” means a device designed to kill an animal by seizing and holding it by part of its body;

“leg-hold restraining trap” means a trap that is designed to capture but not kill an animal by seizing and holding it by a leg;

See: O. Reg. 303/07, ss. 1, 9.

“registered trapline area” means an area designated as a trapline area in a Schedule to Part 1 of Ontario Regulation 663/98 (Area Descriptions). O. Reg. 667/98, s. 1 (1).

(2) A reference in this Regulation to a period of time that begins and ends on specific dates shall be deemed to include the first and last dates of the period. O. Reg. 667/98, s. 1 (2).

Licences

2. (1) A person shall not trap a black bear except in an area specified in Table 2 of Ontario Regulation 670/98 (Open Seasons — Wildlife) during the open season specified in the Table for the area. O. Reg. 582/99, s. 1.

(2) A person shall not trap a furbearing mammal except in an area specified in Table 6 of Ontario Regulation 670/98 (Open Seasons — Wildlife) during the open season specified in the Table for the species and the area. O. Reg. 582/99, s. 1.

3. (1) A trapping licence authorizes the holder to hunt or trap furbearing mammals and black bear in the area designated in the licence. O. Reg. 667/98, s. 3 (1).

(2) The holder of a trapping licence may hunt raccoon at night in the area designated in the licence if accompanied by a dog licensed for that purpose. O. Reg. 667/98, s. 3 (2).

4. A Nishnawbe Aski First Nation Fur Harvesters licence to sell pelts and carcasses, a Trapper’s Authority issued by Grand Council Treaty #3 Trapping Resource Centre and a Trapper’s Authority issued by the Union of Ontario Indians shall be deemed to be trapping licences. O. Reg. 635/00, s. 1.

5. A trapping licence is valid from September 1 until August 31 of the following year. O. Reg. 667/98, s. 5.

6. The holder of a trapping licence shall not capture or kill more than the number of the species of furbearing mammals and black bear fixed by the licence. O. Reg. 667/98, s. 6.

7. (1) It is a condition of a trapping licence that the holder kill at least 75 per cent of the number of beaver fixed by the licence. O. Reg. 667/98, s. 7 (1).

(2) If a holder of a trapping licence fails to meet the condition under subsection (1), the Minister may refuse to renew that licence. O. Reg. 667/98, s. 7 (2).

8. (1) The holder of a trapping licence may hunt or trap on land designated in the licence that is,

(a) Crown land in the registered trapline area;

(b) Crown land, other than Crown land described in clause (a); and

(c) land, other than Crown land, in respect of which he or she has the written permission of a person legally entitled to give it to trap furbearing mammals. O. Reg. 667/98, s. 8 (1).

(2) The holder of a trapping licence may hunt or trap on land owned by him or her or on land on which he or she has permission to trap, if the land is within or adjacent to the registered trapline area designated in his or her licence. O. Reg. 667/98, s. 8 (2).

9. (1) Only one registered trapline area shall be designated in a trapping licence. O. Reg. 667/98, s. 9 (1).

(2) Despite subsection (1), a holder of a licence that designated more than one registered trapline area before the day this Regulation comes into force may obtain a licence for those registered trapline areas. O. Reg. 667/98, s. 9 (2).

10. (1) The person assigned a registered trapline area is the head trapper and has all the rights and obligations associated with trapping in that area. O. Reg. 667/98, s. 10 (1).

(2) The head trapper is responsible for ensuring compliance with the Act and the regulations even though he or she may use helper trappers to assist in hunting or trapping under his or her licence. O. Reg. 667/98, s. 10 (2).

(3) A licence issued to be a helper trapper,

(a) restricts the helper to hunting or trapping on the area for which the head trapper is authorized to hunt or trap; and

(b) limits the helper to assisting the head trapper in hunting or trapping a quantity of furbearing mammals authorized in the head trapper’s licence. O. Reg. 667/98, s. 10 (3).

(4) The head trapper and all helper trappers shall not cumulatively exceed the quotas fixed in the licence of the head trapper. O. Reg. 667/98, s. 10 (4).

11. (1) A trapping licence may be issued to a resident or a Canadian citizen. O. Reg. 667/98, s. 11 (1).

(2) A trapping licence shall not be issued unless the applicant,

(a) holds a hunting/fishing outdoors card issued under Ontario Regulation 665/98 (Hunting); and

(b) has successfully completed the fur harvest, fur management and conservation course described under section 16 within the five-year period preceding the application and produces a certificate to that effect. O. Reg. 667/98, s. 11 (2).

(3) Despite clause (2) (a), a trapping licence may be issued to a Canadian citizen if the person,

(a) meets the qualifications set out in clause (2) (b); and

(b) holds a hunting licence issued by another jurisdiction of which the person was a resident within the five-year period immediately preceding the application and provides evidence of that fact. O. Reg. 667/98, s. 11 (3).

(4) Clause (2) (b) does not apply if the applicant,

(a) has held a trapping licence issued under this Regulation or a predecessor to it within the five-year period immediately preceding the application and provides evidence of that fact; and

(b) files the season-end harvest report described under section 13 for the last year trapped (if such a report was required) or provides evidence of having filed the report. O. Reg. 667/98, s. 11 (4).

(5) Despite this section, until December 31, 1999 a trapping licence may be issued to an applicant who provides evidence that he or she was issued a trapping licence at any time after July 1, 1982 or has successfully completed the fur harvest, fur management and conservation course approved by the Minister and,

(a) is a member in good standing of the Ontario Fur Managers Federation and a local trapping council; or

(b) is sponsored by a provincial treaty organization. O. Reg. 667/98, s. 11 (5).

Note: On September 1, 2007, subsection (5) is revoked. See: O. Reg. 303/07, ss. 2, 9.

(6) In this section,

“Canadian citizen” means a person who is a citizen within the meaning of the Citizenship Act (Canada) or a person who is a permanent resident as defined by the Immigration Act (Canada) but is not a resident as defined in section 1 of the Act. O. Reg. 667/98, s. 11 (6).

12. (1) The holder of a trapping licence may hunt or trap furbearing mammals,

(a) in a part of Rondeau Provincial Park if the area is designated on the trapping licence; or

(b) in a registered trapline area in a provincial park designated on the trapping licence. O. Reg. 667/98, s. 12 (1).

(2) The person hunting or trapping in a provincial park in accordance with subsection (1) may,

(a) possess a firearm or trap for the purpose; and

(b) possess any wildlife legally killed by him or her in the provincial park. O. Reg. 667/98, s. 12 (2).

Record-Keeping Requirements

13. (1) The holder of a trapping licence shall complete a season-end harvest report in the form provided by the Minister. O. Reg. 667/98, s. 13 (1).

(2) The holder of a trapping licence shall include the following information in the appropriate place on his or her season-end harvest report:

1. The quantity of furbearing mammals or black bear harvested under the licence during the open season for each species listed in the report.

2. The quantity of pelts or black bear hides sold or shipped to be sold before June 1 for each species listed in the report.

3. The quantity of pelts or black bear hides left in possession of the licence holder on June 1 for each species listed in the report. O. Reg. 667/98, s. 13 (2).

(3) The holder of the trapping licence shall complete the information required under paragraph 1 of subsection (2) within 24 hours after the close of the open season for each species and record the date each record was made verified by the licence holder’s initials. O. Reg. 667/98, s. 13 (3).

(4) The licence holder shall submit the report to the address indicated on the report on or before June 10 following the issuance of the licence. O. Reg. 667/98, s. 13 (4).

Multiplicity of Licences

14. (1) A person shall not hold a trapping licence and a farmer’s licence to sell pelts and carcasses at the same time. O. Reg. 667/98, s. 14 (1).

(2) The holder of a trapping licence or a farmer’s licence to sell pelts and carcasses may surrender that licence and obtain the other licence. O. Reg. 667/98, s. 14 (2).

15. (1) A holder of a fur dealer’s licence, his or her agent or a family member of the fur dealer shall not hold a trapping licence or a farmer’s licence to sell pelts and carcasses. O. Reg. 667/98, s. 15 (1).

(2) A person who keeps farmed animals that are furbearing mammals and any family members of that person who live with him or her shall not,

(a) hold a trapping licence for which a quota is assigned for the same species of furbearing mammals that are kept by that person;

(b) hold a farmer’s licence to sell pelts and carcasses; or

(c) hold a fur dealer’s licence or act as agent for a fur dealer. O. Reg. 667/98, s. 15 (2).

(3) Despite subsections (1) and (2), a person may be issued a licence prohibited under those subsections if the director of the Fish and Wildlife branch of the Ministry is of the opinion that,

(a) undue financial hardship would result from the inability to simultaneously hold the two licences or to hold a licence and to keep farmed animals that are furbearing mammals; and

(b) record-keeping or other measures will adequately reduce the risk that pelts from farmed animals or pelts kept under the various licences could be intermixed. O. Reg. 667/98, s. 15 (3).

Trapper Education

16. (1) The Minister may establish or approve courses in fur harvesting and fur management and conservation which shall deal with,

(a) the history of fur management, humane trapping, fur laws and policies, furbearing mammals and the descriptions of pelts;

(b) trapping equipment, trapping and survival; and

(c) the biology, management, trapping and handling of pelts of furbearing mammals, black bear and other wildlife as determined by the Minister. O. Reg. 667/98, s. 16 (1).

(2) The course shall include a field demonstration and test of the efficiency and humane operation of the trap sets. O. Reg. 667/98, s. 16 (2).

(3) A certificate, in the form approved by the Minister, shall be issued to every person who successfully completes the course. O. Reg. 667/98, s. 16 (3).

(4) The Minister or a person designated by the Minister may appoint instructors who are competent to conduct the course and examine trappers on the content of the course. O. Reg. 667/98, s. 16 (4).

Traps and Methods

17. A person shall not use,

(a) a trap that has a hook or sharpened device capable of impaling a furbearing mammal;

(b) a spring pole set, except with a killing trap;

(c) a deadfall;

(d) a trap that has teeth or serrations on its jaws;

(e) a suspended snare unless,

(i) the snare is set for varying hare, cottontail, European hare or red squirrel, or

(ii) a snare lock or other device is used in such a manner that the noose is prevented from expanding;

Note: On September 1, 2007, clause (e) is revoked and the following substituted:

(e) a suspended snare unless,

(i) the snare is set for varying hare, cottontail, European hare or red squirrel, or

(ii) a snare lock or other device is used in such a manner that the noose is prevented from expanding; or

See: O. Reg. 303/07, ss. 3, 9.

(f) a number 110 Conibear trap or any body-gripping trap of a similar construction with equivalent or less killing power unless,

(i) the trap is set for muskrat, or

(ii) the trap is set for mink in such a manner that the captured mink will be submerged in water and prevented from resurfacing; or

Note: On September 1, 2007, clause (f) is revoked and the following substituted:

(f) a number 110 Conibear trap or any body-gripping trap of a similar construction with equivalent or less killing power unless,

(i) the trap is set for muskrat, subject to subsection 18 (1), or

(ii) the trap is set for mink in such a manner that the captured mink will be submerged in water and prevented from resurfacing.

See: O. Reg. 303/07, ss. 3, 9.

(g) except as part of a water set used in the trapping of beaver and otter, a body-gripping trap with a jaw spread greater than 21 centimetres in that part of Ontario that is described in paragraph 2 of Schedule 4 to Part 4 of Ontario Regulation 663/98 (Area Descriptions). O. Reg. 667/98, s. 17; O. Reg. 34/01, s. 1.

Note: On September 1, 2007, clause (g) is revoked. See: O. Reg. 303/07, ss. 3, 9.

18. Revoked: O. Reg. 431/05, s. 1.

Note: On September 1, 2007, the Regulation is amended by adding the following section:

18. (1) If a species is listed in Column 1 of Schedule 1, a person shall not use a trap for trapping the species unless,

(a) a trap set out in Column 2 for that species is used; and

(b) the trap is used in accordance with any conditions set out in Column 3 for that species and trap. O. Reg. 303/07, s. 4.

(2) Despite subsection (1),

(a) a person shall not use, except as part of an underwater set used in the trapping of beaver and otter, a body gripping trap with a jaw spread greater than 22 centimetres in that part of Ontario described in paragraph 2 of Schedule 4 to section 4 of Part 4 of Ontario Regulation 663/98 (Area Descriptions) made under the Act; and

(b) muskrat may be trapped using traps known as funnel traps set under the surface of any body of water. O. Reg. 303/07, s. 4.

See: O. Reg. 303/07, ss. 4, 9.

19. (1) A person shall not set a leg-hold trap, except a foot snare, for a furbearing mammal. O. Reg. 351/01, s. 1.

(2) Subsection (1) does not apply to a person who sets a leg-hold trap,

(a) for a bobcat, coyote, lynx or wolf using a leg-hold trap other than a trap that has two planar steel jaws less than 9 mm in thickness which come into contact with one another over their full length when the trap is sprung;

Note: On September 1, 2007, clause (a) is revoked and the following substituted:

(a) for a bobcat, coyote or wolf using a leg-hold trap other than a trap that has two planar steel jaws less than 9 mm in thickness which come into contact with one another over their full length when the trap is sprung;

(a.1) for lynx in accordance with subsection 18 (1);

See: O. Reg. 303/07, ss. 5, 9.

(b) for a species of fox using a leg-hold trap,

(i) smaller than a trap commonly known as a number 3, or

(ii) other than a trap that has two planar steel jaws less than 9 mm in thickness which come into contact with one another over their full length when the trap is sprung; or

(c) for beaver, muskrat, otter or mink if the trap is set under ice or attached to,

(i) a sliding lock on a drowning wire or a device that will immediately submerge the captured animal in water and prevent it from resurfacing, or

(ii) a heavy object that will dislodge immediately upon the springing of the trap and will submerge the captured animal in water and prevent it from resurfacing. O. Reg. 351/01, s. 1.

(3) Subsection (1) does not apply to a person who sets a leg-hold trap for mink or muskrat if the trap will submerge the captured animal in water immediately upon the springing of the trap and if the trap is sufficiently heavy to prevent it from resurfacing. O. Reg. 667/98, s. 19 (3).

(4) Subsection (1) does not apply to a person who sets a leg-hold trap on land for red squirrel or a species of weasel if the trap is enclosed and set so as to kill the captured animal immediately upon the trap being sprung. O. Reg. 667/98, s. 19 (4).

20. A person shall not trap a black bear except with a foot snare, box or culvert trap. O. Reg. 667/98, s. 20.

21. A person shall release any black bear cub or a female black bear accompanied by a cub that is trapped by that person in April, May or June. O. Reg. 667/98, s. 21.

22. A person shall not trap a black bear within 400 metres of a waste disposal site as defined in Part V of the Environmental Protection Act. O. Reg. 667/98, s. 22.

23. A person shall not set a leg-hold trap in a tree, on a pole, or in any other place that may result in the captured animal being suspended in mid-air. O. Reg. 667/98, s. 23.

24. (1) A person shall not use a leg-hold trap that has a jaw spread greater than,

(a) 17 centimetres when set on land; or

(b) 21 centimetres when set in water. O. Reg. 667/98, s. 24 (1).

Note: On September 1, 2007, subsection (1) is revoked and the following substituted:

(1) A person shall not use a leg-hold trap that has a jaw spread greater than,

(a) 18 centimetres when set on land; or

(b) 21 centimetres when set in water. O. Reg. 303/07, s. 6.

See: O. Reg. 303/07, ss. 6, 9.

(2) Despite subsection (1), a person entitled to use a leg-hold trap may trap for wolf with a leg-hold trap that has a jaw spread not exceeding 23 centimetres if the person is permitted to do so by the district manager in the district in which the permission is sought and the person uses the trap in accordance with the terms of the permission. O. Reg. 667/98, s. 24 (2).

(3) The District Manager may give permission if in his or her opinion the trap can be used in a manner that ensures public safety and if there is little risk of a species other than wolf being caught in the trap. O. Reg. 667/98, s. 24 (3).

25. (1) A person shall not use a leg-hold trap on land with a chain, cable, rope, wire or other trap chain whose total length exceeds 31 centimetres unless drags are used. O. Reg. 667/98, s. 25 (1).

(2) The length of a trap chain is the distance,

(a) where the trap chain is attached above the ground to an object, measured between the object and the nearest part of the trap; or

(b) where the trap chain is attached under ground to an object, measured between the intersection of the trap chain with the surface of the ground and the nearest point of the trap. O. Reg. 667/98, s. 25 (2).

(3) A person shall inspect every live holding trap set by the person at least once a day. O. Reg. 667/98, s. 25 (3).

(4) Subsection (3) does not apply to a person who traps in the parts of Ontario lying north of the line formed by the center line of the most northerly east-west line of the Canadian National Railway Company and the center line of the forest access road constructed on the site of what was formerly part of the east-west line of the Canadian National Railway Company between the villages of Calstock and Nakina. O. Reg. 667/98, s. 25 (4).

(5) A live holding trap is one that is not designed or set to kill or drown the animal immediately upon being sprung. O. Reg. 667/98, s. 25 (5).

26. (1) A person permitted under clause 22 (2) (a), (b) or (c) of the Act to use a body-gripping device shall not use a snare for any purpose in those parts of Ontario,

(a) described in Schedule 1 to Regulation 522 of the Revised Regulations of Ontario, 1990, as that Schedule read on the day before this Regulation came into force; or

(b) described in Schedule 2 to Regulation 522 of the Revised Regulations of Ontario, 1990, as that Schedule read on the day before this Regulation came into force, during the open season for deer during which a person may use or be accompanied by a dog. O. Reg. 667/98, s. 26 (1).

(2) Despite subsection (1), a person described in subsection (1) may set,

(a) a snare under the surface of any body of water; or

(b) a foot snare or cable-live trap in a horizontal position on the ground. O. Reg. 667/98, s. 26 (2).

Note: On September 1, 2007, subsection (2) is revoked and the following substituted:

(2) Despite subsection (1) and subsection 18 (1), a person described in subsection (1) may set,

(a) a snare under the surface of any body of water; or

(b) a foot snare or cable-live trap in a horizontal position on the ground. O. Reg. 303/07, s. 7.

See: O. Reg. 303/07, ss. 7, 9.

27. (1) A person shall not possess a body-gripping trap unless the person,

(a) is lawfully entitled to use the trap;

(b) was lawfully entitled to use the trap within the five years preceding the date on which the person was found to be in possession of the body-gripping trap;

(c) engages in activities related to the manufacture, repair, sale, transportation or storage of the traps or the conduct of research with respect to those traps;

(d) is a collector of traps and the trap is rendered incapable of being used for trapping; or

(e) possesses the traps for educational purposes in the course of employment by an educational institution or government. O. Reg. 667/98, s. 27 (1).

(2) Subsection (1) does not apply to traps in a museum or public display if most of the funding for the museum or display comes from a government in Canada. O. Reg. 667/98, s. 27 (2).

Spoilage

28. A trapper who kills a furbearing mammal may, if the pelt is of no commercial value, abandon it or permit it to be spoiled or destroyed. O. Reg. 667/98, s. 28.

29. Omitted (revokes other Regulations). O. Reg. 667/98, s. 29.

30. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 667/98, s. 30.

Note: On September 1, 2007, the Regulation is amended by adding the following Schedule:

SCHEDULE 1
CERTIFIED TRAPS

Part 1 – Killing Traps

Column 1

Column 2

Column 3

Species

Trap

Conditions

Beaver

Bélisle Classic 330

traps may be set on land or underwater

Bélisle Super X 280

Bélisle Super X 330

B.M.I. Body Gripper 330

Bridger 330

LDL C280

LDL C330

Rudy 280

Rudy 330

Sauvageau 2001-11

Species-Specific 330 Dislocator Half Magnum

Species-Specific 440 Dislocator Half Magnum

Woodstream Oneida Victor Conibear 280

Woodstream Oneida Victor Conibear 330

Sauvageau 1000-11F

trap may only be set on land

Duke 330

traps may only be set underwater

B.M.I. Body Gripper 280

Sauvageau 2001-8

Fisher

Bélisle Super X 120

 

Bélisle Super X 160

Bélisle Super X 220

Koro #2

LDL C160 Magnum

LDL C220 Magnum

Rudy 120 Magnum

Rudy 160 Plus

Sauvageau 2001-5

Sauvageau 2001-6

Sauvageau 2001-7

Sauvageau 2001-8

Marten

Bélisle Super X 120

 

B.M.I. Body Gripper 126 Magnum

LDL B120 Magnum

Rudy 120 Magnum

Rudy 160 Plus

Sauvageau C120 Magnum

Sauvageau 2001-5

Sauvageau 2001-6

Raccoon

Bélisle Classic 220

 

Bélisle Super X 160

Bélisle Super X 220

B.M.I. Body Gripper 160

B.M.I. Body Gripper 220

Bridger 160

Bridger 220

Duke 160

Duke 220

LDL C 160

LDL C 220

LDL C 220 Magnum

Rudy 160

Rudy 160 Plus

Rudy 220

Sauvageau 2001-6

Sauvageau 2001-7

Sauvageau 2001-8

Species-Specific 220 Dislocator Half Magnum

Woodstream Oneida Victor Conibear 160

Woodstream Oneida Victor Conibear 220

Muskrat

Bélisle Super X 120

traps may only be set on land

B.M.I. Body Gripper 120

B.M.I. Body Gripper 120 Magnum

B.M.I. Body Gripper 126 Magnum

Bridger 120

LDL B120 Magnum

Rudy 120 Magnum

Sauvageau C120 Magnum

Sauvageau C120 “Reverse Bend”

Sauvageau 2001-5

Triple M

Woodstream Oneida Victor Conibear 110

Woodstream Oneida Victor Conibear 120

Muskrat

Any jaw-type killing trap

trap must exert clamping force on the animal and be set as a submersion set in a manner consistent with clause 19 (2) (c) or subsection 19 (3) so as to maintain the animal underwater.

Part 2 – Leg-hold Restraining Traps

Canada Lynx

Bélisle Footsnare

 

Oneida Victor #3 Soft Catch

trap must be equipped with either 2 coil springs or 4 coil springs

Oneida Victor #3

trap must be equipped with a minimum of 8mm thick, non-offset steel jaws, 4 coil springs and an anchoring swivel centre mounted on a base plate

Muskrat

Any jaw type leg-hold trap

trap must exert clamping force on the animal and be set as a submersion set in a manner consistent with clause 19 (2) (c) or subsection 19 (3).

O. Reg. 303/07, s. 8.

See: O. Reg. 303/07, ss. 8, 9.