O. Reg. 796/21: HUNTING

 

ontario regulation 796/21

made under the

Fish and Wildlife Conservation Act, 1997

Made: November 25, 2021
Filed: November 26, 2021
Published on e-Laws: November 26, 2021
Printed in The Ontario Gazette: December 11, 2021

Amending O. Reg. 665/98

(HUNTING)

1. Section 11 of Ontario Regulation 665/98 is revoked and the following substituted:

11. (1) An applicant may be issued a licence to hunt if the applicant meets both of the following requirements:

1. The applicant has successfully completed a hunter education course approved by the Minister.

2. The applicant submits the proof of successful completion of the hunter education course provided under subsection (4).

(2) The Minister, or any person designated by the Minister, may appoint persons as hunting instructors to provide a hunter education course referred to in subsection (1).

(3) Instructors shall be appointed for such period of time as the Minister may determine.

(4) At the end of a hunter education course, the course provider shall provide proof of having successfully completed the course to any person who has done so.

2. Subsection 12 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) An applicant for a licence to hunt who does not meet the requirements of section 11 may be issued a licence to hunt if the applicant submits any of the following documents as proof of accreditation instead of submitting the proof of successful completion of a hunter education course provided under subsection 11 (4):

3. Subsection 50 (1) of the Regulation is revoked and the following substituted:

(1) A non-resident shall not hunt moose unless the non-resident is hunting in either of the following circumstances:

1. The non-resident is a registered guest of a tourist outfitter and,

i. is hunting for moose, but not as a member of a party, under a tag that has been issued by the tourist outfitter to the non-resident, or

ii. is hunting for moose in a party only under a tag that has been issued by the tourist outfitter to the non-resident or to another member of the party.

2. The non-resident is hunting,

i. in a party with a resident who is an immediate relative of the non-resident and who holds a licence to hunt moose together with a valid moose tag, and

ii. only under the moose tag referred to in subparagraph i.

4. Section 62 of the Regulation is revoked and the following substituted:

62. (1) A person who fails to submit a hunter report within the time specified for a species under section 58, 59 or 60 shall pay a penalty of $25 the next time the person applies for a licence to hunt that species.

(2) The Minister shall not issue a licence to hunt a species to a person who is required to pay a penalty under subsection (1) for having previously failed to submit a hunter report with respect to the species, until the person pays the penalty.

(3) If a person fails to submit two successive hunter reports within the time specified for the species under section 58, 59 or 60,

(a) the person shall not be required to pay the penalty in respect of the second failure that would otherwise be required under subsection (1); and

(b) the Minister shall not issue a licence to hunt the species to the person, and the person shall not be eligible to apply for such a licence,

(i) during the 12-month period that begins on the day after the day on which the second hunter report was due, or

(ii) if, in the case of wolf or coyote, a person obtains a wolf or coyote tag for an upcoming open season before the day the person fails to submit a hunter report for a second time in a row, for the 12-month period that begins on the day after the day that wolf or coyote tag expires.

(4) Despite subsections (1) and (2), no penalty is payable by a person who fails to submit a hunter report at the time required under section 58, 59 or 60 and the Minister may issue a licence to the person if, in the Minister’s opinion, the person’s failure to submit the hunter report within the required time was due to illness, a malfunction of the website through which the report is submitted or for any other reason beyond the control of the person.

(5) Despite subsections (1) and (2), if a person holds a spring tag to hunt wild turkey in the spring of 2022 and fails to submit a hunter report by June 14 of that year,

(a) the Minister may issue a fall tag to hunt wild turkey to that person for the fall open season of 2022 even though the person does not pay the $25 penalty for having failed to submit a hunter report in the previous spring; and

(b) subsections (1) and (2) apply with respect to the first time the person applies for a licence to hunt wild turkey after the fall open season of 2022.

(6) In addition to refusing to issue a licence under subsections (1) and (2), the Minister may refuse to issue a person a licence to hunt a species if the person has, on more than one occasion previously, failed to submit a hunter report in accordance with section 58, 59 or 60, or submitted a false or misleading hunter report, with respect to that species or any other species.

Commencement

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

(2) Section 4 comes into force on the later of March 1, 2022 and the day this Regulation is filed.