O. Reg. 172/13: POSSESSION, BUYING AND SELLING OF WILDLIFE

filed May 31, 2013 under Fish and Wildlife Conservation Act, 1997, S.O. 1997, c. 41

ontario regulation 172/13

made under the

Fish and Wildlife Conservation Act, 1997

Made: April 10, 2013
Filed: May 31, 2013
Published on e-Laws: May 31, 2013
Printed in The Ontario Gazette: June 15, 2013

Amending O. Reg. 666/98

(Possession, Buying and Selling of wildlife)

1. (1) Clause (b) of the definition of “hide” in section 1 of Ontario Regulation 668/98 is amended by striking out “white-tailed deer or moose” and substituting “white-tailed deer, American elk or moose”.

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

“Registry” means the registry known as the Ministry of Natural Resources Registry available on the Ministry website;

2. The heading immediately before section 2 of the Regulation is revoked and the following substituted:

Part ii
possession

Carcasses

3. Sections 2 and 3 of the Regulation are revoked and the following substituted:

2. (1) This section applies with respect to the possession of a carcass of a black bear, woodland caribou, white-tailed deer, American elk, moose, specially protected raptor or furbearing mammal that a person acquires by any means other than by purchasing it or by acquiring it in a manner described in subsection (7).

(2) A person shall not keep possession of the carcass of a species referred to in subsection (1) and acquired in a manner described in subsection (1) unless, promptly upon acquiring the carcass, the person gives notice of the acquisition to the Minister by submitting a notice of possession form available on the Registry to the Minister through the Registry.

(3) Before submitting a notice of possession form to the Minister, a person shall complete the form by providing all mandatory information on the form, including the person’s contact information, and ensuring the information is complete and accurate.

(4) Promptly upon obtaining from the Ministry confirmation that a notice of possession form submitted through the Registry has been received by the Ministry, a person shall keep a record of the confirmation for as long as the carcass remains in his or her possession.

(5) A person who keeps possession of the carcass of a species under this section shall update his or her contact information on the Registry within 10 business days of any change to the information.

(6) A person who provides incomplete, false or misleading information through the Registry shall be deemed not to have submitted a notice of possession form for the purposes of subsection (2).

(7) This section does not apply to a person who acquires the carcass of a species referred to in subsection (1),

(a) by lawfully killing wildlife under the Act, other than a black bear, specially protected raptor or furbearing mammal that is lawfully killed while protecting property under section 31 of the Act;

(b) by receiving the carcass of any species referred to in subsection (1), other than a furbearing mammal, as a gift from a person who lawfully killed the wildlife under the Act;

(c) in the case of a taxidermist or butcher, in the course of his or her business as a taxidermist or butcher, as the case may be; or

(d) in the case of a person who possesses live wildlife, upon the death of the wildlife.

Pelts

3. (1) No person shall possess a pelt except in accordance with this section, or section 3.1 or 3.2.

(2) A person who holds a fur dealer’s licence may possess pelts in the course of carrying on his or her business as a fur dealer.

(3) A person who is a common carrier may possess pelts in the course of his or her business while transporting the pelts on behalf of another person.

(4) A person who acquires the carcass of a furbearing mammal and gives notice of that fact to the Minister under section 2 may possess the pelt that is derived from the carcass of the furbearing mammal.

3.1 (1) The following persons who lawfully kill a furbearing mammal during the open season for the furbearing mammal may possess the pelt of the furbearing mammal during the remainder of the open season:

1. A person who holds a trapping licence.

2. A person who holds a small game licence.

3. A person who kills the furbearing mammal under subsection 6 (3) of the Act and who holds a farmer’s licence to sell pelts and carcasses.

(2) A person referred to in paragraphs 1 and 3 of subsection (1) may, after the end of the open season for a species of furbearing mammal, continue to possess the pelts of the members of that species that he or she lawfully killed during the open season, if the person completes the season-end harvest report required under the Act.

(3) A person referred to in paragraph 2 of subsection (1) may, after the end of the open season for a species of furbearing mammal, continue to possess the pelt of the member of that species that he or she lawfully killed during the open season, if the Minister has issued a licence to possess the pelt to the person.

(4) A person who holds a trapping licence or a farmer’s licence to sell pelts and carcasses and who, despite the exercise of all due diligence, kills a furbearing mammal during the closed season for the species or contrary to the conditions of his or her licence may keep the pelt of the furbearing mammal if the Minister has issued a licence to possess the pelt to the person.

(5) A person who kills a furbearing mammal under subsection 6 (3) of the Act and who does not hold a farmer’s licence to sell pelts and carcasses may,

(a) in the case of a species of furbearing mammal that the person killed during the open season for the species, keep possession of the pelt of the furbearing mammal during the remainder of the open season and, if the person obtains a licence to possess the pelt, continue to keep possession of the pelt after the end of the open season; and

(b) in the case of a species of furbearing mammal that the person killed during the closed season for the species despite the exercise of all due diligence, keep possession of the pelt of the furbearing mammal if the Minister has issued a licence to possess the pelt to the person.

(6) A licence to possess a pelt shall specify the number of pelts and the species for which the licence is issued.

3.2 (1) A person who buys a pelt for his or her own use, or a person who otherwise acquires a pelt for his or her own use in circumstances other than those described in sections 2, 3 and 3.1, may keep possession of the pelt only if he or she gives notice of the acquisition to the Minister by completing a notice of possession form available on the registry and submitting it to the Minister through the registry.

(2) Subsection (1) applies to a person who,

(a) acquires the pelt in Ontario; or

(b) acquires the pelt outside of Ontario and transports it into Ontario.

(5) A person who keeps possession of the pelt of a species under this section shall update his or her contact information on the Registry within 10 business days of any change to the information.

(6) A person who provides incomplete, false or misleading information through the Registry shall be deemed not to have submitted a notice of possession form for the purposes of subsection (2).

4. Subsections 5 (4) and (5) of the Regulation are revoked and the following substituted:

(4) Despite subsection (1), a person who holds a trapping licence may tan, pluck or treat pelts that he or she caught under the licence, or that he or she otherwise lawfully acquired under the Act, without holding a fur dealer’s licence authorizing tanning.

5. Section 6 of the Regulation is revoked.

6. Section 7 of the Regulation is amended by striking out “unless the person also buys and sells” and substituting “unless the person also buys or sells, as the case may be,”.

7. Section 9 of the Regulation is amended by striking out “or” at the end of clause (b) and by striking out clause (c) and substituting the following:

(d) a person who is buying the pelt for his or her own use.

8. Subsections 12 (1) and (2) of the Regulation are revoked and the following substituted:

(1) For the purpose of subsection 48 (1) of the Act, the holder of a small game licence may, without any other licence, sell pelts of furbearing mammals that were killed under that licence during the open season.

(2) If the holder of a small game licence also holds a licence to possess a pelt referred to in subsection 3.1 (3), he or she may sell the pelt of any species of furbearing mammal for which a small game licence may be issued under the Act.

9. Subsection 15 (2) of the Regulation is revoked and the following substituted:

(2) Subsection (1) does not apply to,

(a) the holder of a small game licence, a trapping licence or a farmer’s licence to sell pelts and carcasses if the person also holds a licence to possess a pelt; or

(b) the holder of a fur dealer’s licence who bought the pelt either from a person referred to in clause (a) or from another person who holds a fur dealer’s licence.

10. Section 16 of the Regulation is revoked and the following substituted:

Buying

16. The holder of a fur dealer’s licence authorizing the buying or selling of pelts or a person who purchases a pelt for his or her own use shall not buy a pelt except from the following persons:

1. The holder of a fur dealer’s licence authorizing the buying or selling of pelts.

2. A person who sells pelts in accordance with the Act.

11. Paragraph 3 of section 19 of the Regulation is revoked and the following substituted:

3. At the time the taxidermist receives the carcass, a notation of the authority under which the person from whom it is received killed the wildlife or possessed the carcass, as the case may be.

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

part v.1
buying and selling live furbearing mammals

19.1 (1) Despite subsections 40 (3) and 48 (1) of the Act, a person who holds a trapping licence may, without any other licence, sell a live furbearing mammal that he or she has trapped under the licence if,

(a) in the case of a furbearing mammal other than a coyote or red fox, he or she sells it to,

(i) a person who keeps farmed animals that are furbearing mammals, or

(ii) a person who owns or operates a zoo and who is licensed to keep furbearing mammals in captivity in the zoo;

(b) in the case of a red fox, he or she sells it to,

(i) a person who keeps farmed animals that are furbearing mammals,

(ii) a person who owns or operates a zoo and who is licensed to keep furbearing mammals in captivity in the zoo, or

(iii) a person who is licensed to keep red fox in a train and trial area and who owns or operates such an area; or

(i) a person who owns or operates a zoo and who is licensed to keep furbearing mammals in captivity in the zoo, or

(ii) a person who is licensed to keep coyote in a train and trial area and who owns or operates such an area.

(2) In subsection (1),

“train and trial area” means an area in which wildlife is enclosed for the purpose of teaching dogs hunting skills or testing their hunting skills.

13. Sections 21, 22, 23 and 24 of the Regulation are revoked and the following substituted:

21. Despite subsection 48 (1) of the Act, a person may buy or sell hides or cast antlers without a licence to do so if he or she keeps a record of the transaction required by section 22.

22. (1) A person who buys or sells hides or cast antlers, other than a person described in subsection (5), shall keep a record of the hides or cast antlers that the person buys or sells.

(2) The record shall be made at the time the buying or selling occurs.

(3) The record shall be in a form acceptable to the Minister.

(4) The person shall record the following information:

1. The date on which the record is made.

2. The name and address of the parties involved.

3. If the person who sold the hide or cast antlers holds a hunting or trapping licence, the licence number and the date on which the licence expires.

4. If the person who sold the hide gave notice of its acquisition under section 2, the number of the notice of possession form.

5. The number of hides or cast antlers and the species of animal involved.

(5) The following persons are not required to keep records under this section:

1. A hunter or trapper who sells the hide of an animal that he or she lawfully hunted or trapped or who sells cast antlers.

2. A person who sells not more than a single hide or a single set of cast antlers in a year, if it was lawfully acquired.

3. A person who buys a hide or set of cast antlers for his or her own use.

4. A person who trades or barters hides for a token of little or no value as part of a program approved or sponsored by the Ministry to facilitate the provision of hides to artisans.

14. Section 30 of the Regulation is revoked and the following substituted:

30. (1) For the purposes of subsection 55 (1) of the Act, a person shall not transport out of Ontario any of the following game wildlife, unless he or she holds an export permit with respect to the game wildlife:

1. A furbearing mammal that is not a farmed animal, its pelt or the pelt of a furbearing mammal that is a farmed animal.

2. In the case of a non-resident, any of the following game mammals that were killed in Ontario:

i. A black bear.

ii. A white-tailed deer.

iii. An American elk.

iv. A moose.

(2) Despite subsection (1), if the carcass of a species of game wildlife referred to in subsection (1) has been divided into parts, a person shall not transport a part of the carcass out of Ontario unless the person holds an export permit with respect to the carcass or has obtained a portion or component of the export permit.

(3) Despite subsection (2), an export permit or a portion or component of an export permit is not required to transport out of Ontario a part of a carcass that has been tanned or treated by a taxidermist.

(4) For the purposes of subsection 55 (1) of the Act, a non-resident who holds a licence to hunt game wildlife under the Act shall not transport out of Ontario more game wildlife than the number he or she is permitted to kill or possess under the Act.

15. Subsection 32 (1) of the Regulation is revoked and the following substituted:

(1) A person shall pay the royalty determined in accordance with subsection (2) to the Minister before he or she transports a furbearing mammal or a pelt outside of Ontario.

(1.1) In subsection (1),

“pelt” includes a pelt that has begun to undergo a process of tanning or treating, but for which the process is not yet complete.

Commencement

16. This Regulation comes into force on the later of July 1, 2013 and the day it is filed.

O. Reg. 172/13: POSSESSION, BUYING AND SELLING OF WILDLIFE

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