O. Reg. 388/15: TRAPPING

 

ontario regulation 388/15

made under the

Fish and Wildlife Conservation Act, 1997

Made: December 9, 2015
Filed: December 10, 2015
Published on e-Laws: December 11, 2015
Printed in The Ontario Gazette: December 26, 2015

Amending O. Reg. 667/98

(TRAPPING)

1. (1) The definition of “registered trapline area” in subsection 1 (1) of Ontario Regulation 667/98 is amended by striking out “Director of Biodiversity Branch of the Ministry of Natural Resources” and substituting “Director of Species Conservation Policy Branch of the Ministry”.

(2) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“relaxing cable restraint” means a suspended snare that is designed to capture and restrain an animal alive through a relaxing lock mechanism that allows the cable loop to loosen when pressure is released.

2. Clause 11 (2) (a) of the Regulation is revoked and the following substituted:

(a) holds a class H1 outdoors card issued under Ontario Regulation 665/98 (Hunting); and

3. Subsection 15 (3) of the Regulation is amended by striking out “director of the Fish and Wildlife branch” in the portion before clause (a) and substituting “Director of Species Conservation Policy Branch”.

4. Subsection 16 (3) of the Regulation is revoked and the following substituted:

(3) An instructor appointed under subsection (4) to conduct the course shall issue a certificate in the form approved by the Minister to each person who successfully completes the course.

5. Clause 17 (e) of the Regulation is amended by striking out “or” at the end of subclause (i) and by adding the following subclause:

(iii) the snare is a relaxing cable restraint that complies with the requirements of subsection 17.1 (1) and is used in accordance with subsection 17.1 (2); or

6. The Regulation is amended by adding the following section:

17.1 (1) A relaxing cable restraint referred to in subclause 17 (e) (iii) shall comply with the following requirements:

1. The relaxing cable restraint shall be made of cable consisting of galvanized multi-strand steel which is 3/32 inch or larger in diameter.

2. The relaxing cable restraint shall have two cable stops set in a manner such that,

i. at its maximum, the cable loop cannot expand to be larger than 30 centimetres in diameter, and

ii. at its minimum, the cable loop cannot restrict to be smaller than 8.9 centimetres in diameter.

3. When the cable loop of the relaxing cable restraint is fully closed at its minimum position, the length of the cable measured from the anchor point to the relaxing lock shall not exceed 1.5 metres.

4. The relaxing cable restraint shall have at least two swivel devices which allow for 360° rotation between the loop and the anchor, with one swivel device located at the anchor point.

5. The relaxing cable restraint shall have a breakaway mechanism affixed at the relaxing lock that is rated at 122.5 kilograms or less.

(2) A person who uses a relaxing cable restraint shall comply with the following requirements:

1. The person shall set the relaxing cable restraint for coyote or wolf only.

2. The person shall set the relaxing cable restraint on land.

3. The person shall not set the relaxing cable restraint in a manner that may result in the captured animal reaching a body of water or reaching any part of a fence, rooted woody vegetation, or other object in which the animal may become entangled.

4. The person shall not set the relaxing cable restraint in a manner or in a place that may result in the captured animal being suspended with its feet off the ground.

5. The person shall not use springs, counter-balanced weights, powered mechanisms or other similar devices to operate the relaxing cable restraint.

7. Section 23 of the Regulation is amended by striking out “in mid-air” at the end and substituting “with its feet off the ground”.

8. Subsection 25 (5) of the Regulation is revoked and the following substituted:

(5) A live holding trap is one that is not designed or set to kill or drown the animal immediately upon the animal being captured.

9. (1) Subsection 26 (1) of the Regulation is revoked and the following substituted:

(1) A person permitted under clause 22 (2) (a), (b) or (c) of the Act to use a body-gripping trap shall not use a snare for any purpose,

(a) in those parts of Ontario designated as Part 1 on the Suspended Snare Trapping Regulation Plan; or

(b) in those parts of Ontario designated as Part 2 on the Suspended Snare Trapping Regulation Plan, during an open season for deer during which a person may use or be accompanied by a dog while hunting deer.

(2) Subsection 26 (2) of the Regulation is amended by striking out “described in subsection (1)” in the portion before clause (a) and substituting “permitted under clause 22 (2) (a), (b) or (c) of the Act to use a body-gripping trap”.

(3) Section 26 of the Regulation is amended by adding the following subsections:

(3) Despite subsection (1) and subject to section 17.1, a person permitted under clause 22 (2) (a), (b) or (c) of the Act to use a body-gripping trap may use a relaxing cable restraint to trap wolf or coyote under section 31 of the Act.

(4) Despite clause (1) (a) and subject to subsection (3) and section 17.1, a person permitted under clause 22 (2) (a) or (b) of the Act to use a body-gripping trap may use a relaxing cable restraint to trap wolf or coyote at any time of the year, other than during an open season for deer during which a person may use or be accompanied by a dog while hunting deer.

(5) For the purposes of this section, a reference to an open season for deer during which a person may use or be accompanied by a dog while hunting deer does not include an open season for deer during which a person is permitted under subsection 86 (4) of Ontario Regulation 665/98 (Hunting) to use a dog only to search for lawfully wounded deer.

(6) In this section,

“Suspended Snare Trapping Regulation Plan” means the plan entitled “Suspended Snare Trapping Regulation Plan”, filed on September 25, 2015 with the Office of the Surveyor General of Ontario in the Ministry and available from the Ministry.

Commencement

10. This Regulation comes into force on the later of January 1, 2016 and the day it is filed.