O. Reg. 561/05: Possession, Buying and Selling of Wildlife

 

ontario regulation 561/05

made under the

fish and wildlife conservation act, 1997

Made: November 2, 2005
Filed: November 4, 2005
Printed in The Ontario Gazette: November 19, 2005

Amending O. Reg. 666/98

(Possession, Buying and Selling of Wildlife)

1. Section 1 of Ontario Regulation 666/98 is amended by adding the following definitions:

“cervid” means any member of a species of the deer family (Cervidae) except moose (Alces alces) and caribou (Rangifer tarandus);

“chronic wasting disease” means a transmissible animal disease of the nervous system that afflicts cervids and that belongs to the group of diseases known as transmissible spongiform encephalopathies;

2. The Regulation is amended by adding the following Part:

Part II.1
REGULATING POSSESSION OF CERVIDS TO PREVENT CHRONIC WASTING DISEASE

4.1 This Part applies to cervids that are killed outside Ontario and transported into Ontario.

4.2 (1) A person shall not possess in Ontario the whole or any part of the antlers, head, brain, eyes, tonsils, hide, hooves, lymph nodes, spleen, mammary glands, entrails, internal organs or spinal column of a cervid that has been killed outside Ontario.

(2) Subsection (1) does not apply to a person who possesses,

(a) finished taxidermy mounts;

(b) tanned skin;

(c) canine teeth with no tissue attached; or

(d) antlers or a skull cap with antlers attached, as long as there is no tissue or skin attached to them and they are separate from the skull.

(3) Subsection (1) does not apply to a person who possesses a hide or the skin of the head if,

(a) it is kept in a container from which nothing can escape until it is processed by a tanner or taxidermist and all other tissue has been removed; and

(b) the person delivers the hide or skin of the head to a tanner or taxidermist for processing within five days of it coming into Ontario.

(4) A person who possesses a hide or skin under subsection (3) and disposes of it shall do so in a waste disposal site as defined in Part V of the Environmental Protection Act.

(5) Subsection (1) does not apply to a person who possesses a thing referred to in subsection (1) for the purposes of research at a laboratory research facility certified to handle prion disease agents under the Health of Animals Act (Canada) if, from the time it is brought into Ontario until the time it is used, the thing is sealed in a container from which nothing can escape.

(6) Subsection (1) does not apply to a person who is temporarily in transit through Ontario and possesses a thing referred to in that subsection in a container from which nothing can escape.

4.3 A person shall not possess a thing in a container under subsection 4.2 (3) or (6) unless the container is labeled to show the species from which the thing comes, the name and address of the person to whom the container belongs and the place where the thing was acquired.

4.4 A person who possesses a cervid that was killed outside Ontario and transported into Ontario shall, within 24 hours of learning that the cervid has tested positive for chronic wasting disease,

(a) notify a district manager of the Ministry of that fact; and

(b) submit to the district manager details of the transportation and disposition of the cervid, and any other information required by the district manager.