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ontario regulation 38/20

made under the

Fish and Wildlife Conservation Act, 1997

Made: March 12, 2020
Filed: March 13, 2020
Published on e-Laws: March 13, 2020
Printed in The Ontario Gazette: March 28, 2020

Amending O. Reg. 665/98

(HUNTING)

1. Ontario Regulation 665/98 is amended by adding the following section immediately after the heading “Part X Bear”:

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.

(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.

2. (1) The definition of “bear management area” in section 52 of the Regulation is amended by striking out “Director of the Species Conservation Policy Branch” and substituting “Director of the Fish and Wildlife Policy Branch”.

(2) Section 52 of the Regulation, as amended by subsection (1), is revoked.

3. (1) Subsection 53 (1) of the Regulation is amended by striking out “from the Ministry or”.

(2) Subsections 53 (2) to (5) of the Regulation are revoked and the following substituted:

(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.

4. The Regulation is amended by adding the following heading before section 54:

LICENCES TO PROVIDE BEAR HUNTING SERVICES

5. Clause 54 (1) (b) of the Regulation is amended by adding “to non-residents” after “validation certificates”.

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

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.

(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.

7. Paragraph 3 of subsection 56 (1) of the Regulation is amended by striking out “200 metres” in the portion before subparagraph i and substituting “30 metres”.

8. Paragraphs 7 and 8 of subsection 58 (5) of the Regulation are revoked and the following substituted:

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.

9. Subsection 60 (3) of the Regulation is revoked and the following substituted:

(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.

10. (1) Subsection 86 (4) of the Regulation is amended by striking out “deer, moose or elk in any parts of Ontario” in the portion before clause (a) and substituting “bear, elk, deer or moose in any part of Ontario”.

(2) Clause 86 (4) (a) of the Regulation is amended by striking out “an elk, deer or moose” and substituting “a bear, elk, deer or moose”.

(3) Subsection 86 (5) of the Regulation is amended by striking out “a deer, moose or elk” in the portion before clause (a) and substituting “a bear, elk, deer or moose”.

O. Reg. 544/17

11. Subsections 6 (2) and (3) and subsection 7 (3) of Ontario Regulation 544/17 are revoked.

O. Reg. 461/18

12. Subsection 14 (1) and section 15 of Ontario Regulation 461/18 are revoked.

Commencement

13. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Section 1, subsection 2 (2), sections 3 to 6 and sections 8 and 9 come into force on the later of January 1, 2021 and the day this Regulation is filed.