O. Reg. 461/18: HUNTING

 

ontario regulation 461/18

made under the

Fish and Wildlife Conservation Act, 1997

Made: October 31, 2018
Filed: November 2, 2018
Published on e-Laws: November 5, 2018
Printed in The Ontario Gazette: November 17, 2018

Amending O. Reg. 665/98

(HUNTING)

1. Section 3 of Ontario Regulation 665/98, as remade by section 3 of Ontario Regulation 544/17, is amended by adding the following subsection:

(4) The rules set out in the following provisions of the Act apply with respect to an outdoors card as if it were a licence:

1. Subsections 68 (1) and (2).

2. Section 70, with the exception of clause 70 (1) (c).

3. Subsection 82 (3).

2. Clause 4 (2) (b) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is revoked and the following substituted:

(b) meets the requirements to obtain a licence to hunt under section 11 or 12; and  

3. Subsection 6 (2) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is revoked and the following substituted:

(2) A holder of an outdoors card who ceases to be a resident shall not use the card to obtain a licence for which the holder is no longer eligible as a result of the change in residency.

4. Subsection 10 (2) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is revoked and the following substituted:

(2) The Minister may issue a licence to hunt to any person, whether resident or non-resident, who is at least 16 years old and who meets the requirements of section 11 or 12.

(2.1) Despite subsection 64 (1) of the Act, the Minister may issue a licence to a resident who is 15 years of age and who meets the requirements of section 11 or 12.

5. Section 16 of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is amended by adding the following subsection:

(4) No person shall make a copy or counterfeit of a tag or validation certificate or possess such a copy or counterfeit.

6. Subsection 22 (1) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is revoked and the following substituted:

(1) A person who is a resident and is at least 12 years of age but less than 15 years of age may hunt wildlife without a licence if,

(a) the person holds,

(i) an outdoors card issued under subsection 4 (2), or

(ii) a hunter apprenticeship safety card issued before January 1, 2019; and

(b) the person hunts as an apprentice in accordance with the conditions set out in subsection (2).

7. (1) Subsection 23 (1) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is revoked and the following substituted:

(1) Despite meeting the requirement to hunt without a licence under subsection 22 (1), a resident who is at least 12 years of age but less than 15 years of age may apply for a type of licence to hunt a species of wildlife that the Minister may issue under this section. 

(2) Subsection 23 (2) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is amended by striking out “to an applicant who is less than 15 years of age” in the portion before paragraph 1.

(3) Subsection 23 (3) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is amended by striking out “who is at least 12 but less than 15 years of age” in the portion before paragraph 1 and substituting “under subsection (1)”.

8. (1) Subsection 24.1 (2) of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is amended by striking out the portion before clause (a) and substituting the following:

(2) If the holder of a licence to hunt moose, deer or bear invalidates his or her tag in accordance with section 19 or subsection 22 (4) or 24.2 (1), the hunter’s licence continues to be valid despite clause 17 (2) (b) if,

. . . . .

(2) Section 24.1 of the Regulation, as remade by section 3 of Ontario Regulation 544/17, is amended by adding the following subsection:

(2.1) When a licence continues to be valid under subsection (2), the tag that accompanied the licence and that was invalidated ceases to constitute a component of the licence for the purposes of section 66 of the Act.

9. (1) Subsection 24.6 (3) of the Regulation, as made by section 3 of Ontario Regulation 544/17, is amended by striking out “every other member” and substituting “the other members”.

(2) Subsections 24.6 (5) and (6) of the Regulation, as made by section 3 of Ontario Regulation 544/17, are revoked and the following substituted:

(5) No person shall hunt elk in a party of more than four persons, not counting any apprentices.  

10. Subsection 25.2 (2) of the Regulation, as made by section 4 of Ontario Regulation 544/17, is amended by adding “and shall produce the documentation to a conservation officer at the officer’s request” at the end.

11. (1) Subclauses 38 (1) (b) (ii) and (iii) of the Regulation, as made by subsection 6 (1) of Ontario Regulation 544/17, are revoked and the following substituted:

(ii) the person’s licence summary has been updated to include a controlled deer hunt validation, and

(iii) the person is hunting deer of the type specified in the controlled deer hunt validation or, if using an additional deer tag to hunt deer, of the type specified in the additional tag and in accordance with the conditions specified in the licence summary.

(2) Subsection 38 (2) of the Regulation, as made by subsection 6 (1) of Ontario Regulation 544/17, is revoked and the following substituted:

(2) A licence holder who hunts deer in a controlled deer hunt management unit during an open season in the circumstances described in clause (1) (b) may use the following tags to do so:

1. The deer tag issued to the licence holder at the time of the issuance of his or her licence to hunt deer, subject to any additional conditions that may be specified in the licence summary.

2. An additional deer tag that is valid for the controlled deer hunt management unit, subject to any additional conditions that may be specified on the tag.

(3) Section 38 of the Regulation, as remade by subsection 6 (1) of Ontario Regulation 544/17, is amended by adding the following subsection:

(4) In this section,

“controlled deer hunt validation” means a notation on a licence summary that indicates that the holder of the licence is authorized to hunt a specified type of deer in a controlled deer hunt management unit during a season specified in the licence summary.

12. Subsection 50 (3) of the Regulation, as made by subsection 6 (1) of Ontario Regulation 544/17, is revoked and the following substituted:

(3) A non-resident licence to hunt moose authorizes the holder of the licence to do the following:

1. In the case of a licence authorizing a non-resident to hunt in the circumstances described in paragraph 1of subsection (1), to hunt moose of the type, in the area and in accordance with the conditions set out in the validation certificate.

2. In the case of a licence authorizing a non-resident to hunt in the circumstances described in paragraph 2 of subsection (1), to hunt moose of the type, in the area and in accordance with the conditions set out in the moose tag.

3. In the case of a licence authorizing a non-resident to hunt in the circumstances described in paragraph 3 of subsection (1), to hunt calf moose within the unit in which the non-resident owns land.

13. (1) Subsection 53 (6) of the Regulation, as remade by subsection 6 (1) of Ontario Regulation 544/17, is revoked and the following substituted:

(6) A bear hunting validation certificate is valid only for the area and for the period specified on it.

(2) Subsection 53 (7) of the Regulation, as remade by subsection 6 (1) of Ontario Regulation 544/17, is revoked.

14. (1) Paragraph 2 of subsection 54 (6) of the Regulation, as remade by subsection 6 (2) of Ontario Regulation 544/17, is amended by striking out “December 15” and substituting “December 14”.

(2) Section 54 of the Regulation, as remade by subsection 6 (1) of Ontario Regulation 544/17, is amended by adding the following subsection:

(7) A licensed bear operator shall not transfer any unissued bear hunting validation certificates provided by the Ministry to another licensed bear operator.

15. Subsection 60 (4) of the Regulation, as remade by subsection 7 (1) of Ontario Regulation 544/17, is revoked and the following substituted:

(4) A hunter report required under this section shall be submitted to the licensed bear operator no later than December 7 in the year the certificate was issued.

16. Subsections 120 (2) and (3) of the Regulation are revoked.

17. Subsection 129 (2) of the Regulation is amended by striking out “validation tag” and substituting “tag”.

O. Reg. 544/17

18. Subsection 7 (2) of Ontario Regulation 544/17 is revoked.

Commencement

19. (1) Subject to subsections (2) and (3), this Regulation comes into force on the later of January 1, 2019 and the day it is filed.

(2) Subsection 14 (1) and section 15 come into force on January 1, 2021.

(3) Section 18 comes into force on the day this Regulation is filed.