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ontario regulation 434/20

made under the

Fish and Wildlife Conservation Act, 1997

Made: July 30, 2020
Filed: July 30, 2020
Published on e-Laws: July 31, 2020
Printed in The Ontario Gazette: August 15, 2020

Amending O. Reg. 665/98

(HUNTING)

1. Subsection 1 (1) of Ontario Regulation 665/98 is amended by adding the following definition:

“non-toxic shot” means non-toxic shot as defined in the Migratory Birds Regulations made under the Migratory Birds Convention Act, 1994 (Canada);

2. Subsection 26 (3) of the Regulation is amended by adding “double-crested cormorant or” before “migratory game birds”.

3. The Regulation is amended by adding the following sections:

34.1 (1) No person shall hunt double-crested cormorant unless the person has adequate means to retrieve any such bird that may be killed or injured in the hunt.

(2) Any person who kills or injures a double-crested cormorant shall,

(a) immediately retrieve the bird; and

(b) if the bird is alive when it is retrieved, immediately kill the bird.

34.2 Subsections 36 (1) and (2) of the Act do not apply to a person in respect of double-crested cormorant if the person disposes of the double-crested cormorant by,

(a) delivering it to a waste disposal site operating under an environmental compliance approval under the Environmental Protection Act, that permits the disposal of dead animals;

(b) delivering it to a disposal facility within the meaning of Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001;

(c) burying it on private land owned by the person;

(d) burying it on private land occupied by the person, if the person has the consent of the owner of the land; or

(e) using the services of a collector who holds a licence under Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001.

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

63.1 Clause 17 (1) (a) of the Act does not apply to a person who has a loaded firearm in or on a conveyance or discharges a loaded firearm from a conveyance if,

(a) the person is hunting double-crested cormorant in accordance with the Act and the regulations; and

(b) the conveyance is a motorboat which is not in motion and the power to the motor has been turned off.

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

78.2 (1) A person shall not hunt double-crested cormorant other than with a shotgun that is not larger than 10 gauge loaded with non-toxic shot.

(2) No person shall,

(a) possess for the purpose of hunting double-crested cormorant, shot other than non-toxic shot; or

(b) hunt double-crested cormorant using a shotgun loaded with a single projectile.

(3) For greater certainty, a reference to a shotgun in this section includes a muzzle-loading shotgun.

6. (1) Paragraph 2 of subsection 132 (1) of the Regulation is revoked.

(2) Subsection 132 (2) of the Regulation is amended by striking out “paragraph 2 or 3” and substituting “paragraph 3”.

Commencement

7. This Regulation comes into force on the later of the day section 2 of Schedule 13 to the Plan to Build Ontario Together Act, 2019 comes into force and the day this Regulation is filed.