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Ulf T. Runesson

Faculty of Natural
Resources Management,
Lakehead University

955 Oliver Road,
Thunder Bay, Ontario,
Canada P7B 5E1

Phone:
     (807) 343-8784

Fax:
     (807) 346-7769

E-Mail:
     ulf.runesson@lakeheadu.ca
 





                     Fish and Wildlife Conservation Act, 1997

                                S.O. 1997, c. 41

No Amendments.


                                     PART I
                          INTERPRETATION AND APPLICATION

Definitions

 1.  (1) In this Act,

         "animal" means a member of the class Mammalia (mammals), Aves (birds),
         Reptilia (reptiles) or Amphibia (amphibians), but does not include a
         human being; ("animal")

         "aquaculture" means the breeding or husbandry of fish, and the verb
         "culture" has, with respect to fish, a corresponding meaning;
         ("pisciculture")

         "boat" includes a motorboat, rowboat, canoe, punt, sailboat or raft;
         ("bateau")

         "body-gripping trap" means a device designed to capture or kill an
         animal by seizing and holding it by a part of its body, and includes a
         spring trap, steel trap, gin, deadfall, snare or leghold trap but does
         not include a device designed to capture or kill a mouse or rat;
         ("piège à machoires")

         "buy or sell" includes barter or trade for consideration, offer to buy,
         sell, barter or trade for consideration, or possess for the purpose of
         buying, selling, bartering or trading for consideration, and "buying or
         selling" has a corresponding meaning; ("acheter ou vendre")

         "closed season" means, with respect to a species, the period during
         which hunting, trapping or fishing for that species is not permitted;
         ("période de fermeture")

         "document" means anything recorded on paper or in electronic,
         photographic or other form; ("document")

         "domestic animal" means an animal that belongs to a species that is not
         wild by nature; ("animal domestique")

         "farmed animal" means a white-tailed deer, elk, bison, fisher, fox,
         lynx, marten, mink, raccoon or member of another species prescribed by
         the regulations that is being kept in captivity in Ontario for the
         purpose of commercial propagation or the commercial production of meat,
         hides, pelts, antler products or other products; ("animal d'élevage")

         "farmer" means a person whose chief occupation is farming and,

         (a) who is living upon and tilling his or her own land, or land to the
             possession of which he or she is for the time being entitled, or

         (b) who is a settler engaged in clearing land for the purpose of
             bringing it to a state of cultivation; ("exploitant agricole")

         "firearm" includes an air gun, pellet gun, bow or crossbow; ("arme
         à feu")

         "fish" has the same meaning as in the Fisheries Act (Canada);
         ("poisson")

         "furbearing mammal" means a member of a species set out in Schedule 1
         or prescribed by the regulations as a species of furbearing mammal;
         ("mammifère à fourrure")

         "game amphibian" means a member of a species set out in Schedule 5 or
         prescribed by the regulations as a species of game amphibian;
         ("amphibien gibier")

         "game bird" means a member of a species set out in Schedule 3 or
         prescribed by the regulations as a species of game bird; ("gibier à
         plume")

         "game bird hunting preserve" means an area in which game birds
         propagated under a licence are released for hunting purposes;
         ("réserve de chasse au gibier à plume")

         "game mammal" means a member of a species set out in Schedule 2 or
         prescribed by the regulations as a species of game mammal; ("mammifère
         gibier")

         "game reptile" means a member of a species set out in Schedule 4 or
         prescribed by the regulations as a species of game reptile; ("reptile
         gibier")

         "game wildlife" means a furbearing mammal, game amphibian, game bird,
         game mammal or game reptile; ("gibier sauvage")

         "hunting" includes,

         (a) lying in wait for, searching for, being on the trail of, pursuing,
             chasing or shooting at wildlife, whether or not the wildlife is
             killed, injured, captured or harassed, or

         (b) capturing or harassing wildlife,

except that "hunting" does not include,

         (c) trapping, or

         (d) lying in wait for, searching for, being on the trail of or pursuing
             wildlife for a purpose other than attempting to kill, injure,
             capture or harass it, unless the wildlife is killed, injured,
             captured or harassed as a result,

and "hunt" and "hunter" have corresponding meanings; ("chasse", "chasser",
"chasseur")

         "licence" means a licence or permit issued under this Act, and includes
         any document or thing deemed to be a licence by the regulations;
         ("permis")

         "migratory bird" has the same meaning as in the Migratory Birds
         Convention Act, 1994 (Canada); ("oiseau migrateur")

         "Minister" means the Minister of Natural Resources; ("ministre")

         "Ministry" means the Ministry of Natural Resources; ("ministère")

         "motorboat" means a boat with a motor that is attached to the boat and
         that is capable of being used as a means of propulsion, and includes
         any floating object being towed by a motorboat; ("bateau à moteur")

         "non-resident" means a person who is not a resident; ("non-résident")

         "Ontario Fishery Regulations" means the Ontario Fishery Regulations,
         1989 made under the Fisheries Act (Canada) and any other regulations
         made under that Act that apply in Ontario and that are prescribed by
         the regulations made under this Act; ("règlements de la pêche en
         Ontario")

         "open season" means, with respect to a species, the period during which
         hunting, trapping or fishing for that species is permitted; ("saison de
         chasse", "saison de pêche")

         "pelt" means the untanned skin of a furbearing mammal, whether or not
         the skin is on a carcass; ("peau")

         "regulations" means the regulations made under this Act;
         ("règlements")

         "resident" means a person whose primary residence is Ontario and who
         has actually resided in Ontario for a period of at least six months
         during the 12 months preceding the day that residence becomes material
         under this Act, and includes a person who belongs to a class of persons
         deemed to be residents by the regulations; ("résident")

         "snare" means a device for the capturing of animals by a noose;
         ("collet")

         "specially protected amphibian" means a member of a species set out in
         Schedule 10 or prescribed by the regulations as a species of specially
         protected amphibian; ("amphibien spécialement protégé")

         "specially protected bird" means a specially protected raptor or a
         member of a species set out in Schedule 8 or prescribed by the
         regulations as a species of specially protected bird; ("oiseau
         spécialement protégé")

         "specially protected invertebrate" means a member of a species set out
         in Schedule 11 or prescribed by the regulations as a species of
         specially protected invertebrate; ("invertébré spécialement
         protégé")

         "specially protected mammal" means a member of a species set out in
         Schedule 6 or prescribed by the regulations as a species of specially
         protected mammal; ("mammifère spécialement protégé")

         "specially protected raptor" means a member of a species set out in
         Schedule 7 or prescribed by the regulations as a species of specially
         protected raptor; ("rapace spécialement protégé")

         "specially protected reptile" means a member of a species set out in
         Schedule 9 or prescribed by the regulations as a species of specially
         protected reptile; ("reptile spécialement protégé")

         "specially protected wildlife" means a specially protected amphibian,
         specially protected bird, specially protected invertebrate, specially
         protected mammal or specially protected reptile; ("animal sauvage
         spécialement protégé")

         "transport" includes, with respect to a thing, taking the thing from
         one place to another, causing the thing to be taken from one place to
         another or possessing the thing for the purpose of taking it or causing
         it to be taken from one place to another; ("transporter", "transport")

         "trap" means a body-gripping trap, box trap, cage trap or net used to
         capture an animal or invertebrate, and "trapping" "trapper" and the
         verb "trap" have corresponding meanings; ("piège")

         "vehicle" means any kind of vehicle that is driven, propelled or drawn
         on land or ice by any kind of power, including muscular power, and
         includes the rolling stock of a railway; ("véhicule")

         "wildlife" means an animal that belongs to a species that is wild by
         nature, and includes game wildlife and specially protected wildlife.
         ("animal sauvage")

Interpretation - animal, invertebrate or fish

     (2) A reference in this Act to an animal, invertebrate or fish, or to any
         word or expression that includes an animal, invertebrate or fish,

         (a) includes a reference to the animal, invertebrate or fish, whether
             alive or dead;

         (b) includes a reference to the whole or any part of the animal,
             invertebrate or fish;

         (c) includes a reference to the animal, invertebrate or fish at any
             stage of its development, unless it is inside the body of its
             parent; and

         (d) includes a reference to the animal, invertebrate or fish, whether
             or not it originated in Ontario.

Interpretation - gametes

     (3) A reference in Part IV, V or VIII to an animal, invertebrate or fish,
         or to any word or expression that includes an animal, invertebrate or
         fish, includes a reference to its gamete.

Interpretation - species

     (4) A reference in this Act to a species includes a reference to any
         subspecies of the species and to any other lower taxonomic
         classification of the species.

Interpretation - hybrids

     (5) For the purposes of this Act, the offspring that results from the
         natural or artificial breeding of an animal or invertebrate, including
         a farmed animal, shall be deemed to belong to the species or subspecies
         of the parent that receives the most protection under this Act.

Interpretation - similar species

     (6) Subject to subsection (5), for the purposes of this Act,

         (a) an animal or invertebrate that is not easily distinguishable from
             an animal or invertebrate to which this Act applies shall be
             deemed, in the absence of evidence to the contrary, to belong to
             the same species as the animal or invertebrate to which this Act
             applies; and

         (b) a part of an animal or invertebrate that is not easily
             distinguishable from a part of an animal or invertebrate to which
             this Act applies shall be deemed, in the absence of evidence to the
             contrary, to be a part of the animal or invertebrate to which this
             Act applies.

Interpretation - loaded firearm

     (7) For the purposes of this Act, a firearm is loaded if,

         (a) in the case of a firearm that uses shells or cartridges, there is
             an unfired shell or cartridge in the chamber or in a magazine
             attached to the firearm;

         (b) in the case of a percussion muzzle-loading gun, there is a charge
             of powder and a projectile in the barrel and a percussion cap on
             the nipple;

         (c) in the case of a muzzle-loading gun to which clause (b) does not
             apply, there is a charge of powder and a projectile in the barrel
             and the vent is unplugged;

         (d) in the case of a gun to which clauses (a), (b) and (c) do not
             apply, there is a projectile in the gun or in a magazine attached
             to the gun;

         (e) in the case of a crossbow, the bow is cocked and there is a bolt in
             the crossbow; and

         (f) in the case of a bow other than a crossbow, the bow is strung and
             an arrow is nocked. 1997, c. 41, s. 1.

Endangered Species Act

 2.  If a provision of this Act and a provision of the Endangered Species Act
     conflict with respect to an animal, invertebrate or fish, the provision
     that gives the animal, invertebrate or fish the most protection prevails.
     1997, c. 41, s. 2.

Farmed animals

 3.  (1) Except as specifically provided in this Act or the regulations, this
         Act and the regulations do not apply to farmed animals or to products
         made from farmed animals.

Definitions and interpretation provisions

     (2) The definitions and interpretation provisions in section 1 apply to a
         provision of this Act or the regulations that applies to farmed animals
         or to products made from farmed animals. 1997, c. 41, s. 3.

Animals for research

 4.  This Act does not apply to animals that are being kept in captivity in a
     research facility that is registered under the Animals for Research Act.
     1997, c. 41, s. 4.

                                     PART II
                HUNTING, TRAPPING, FISHING AND RELATED ACTIVITIES

                               General Restrictions

No hunting or trapping of certain species

 5.  (1) A person shall not hunt or trap,

         (a) a specially protected mammal;

         (b) a specially protected amphibian;

         (c) a specially protected reptile;

         (d) a specially protected invertebrate; or

         (e) a specially protected bird or any other bird that belongs to a
             species that is wild by nature and is not a game bird.

Exceptions

     (2) Clause (1) (e) does not apply to,

         (a) an American crow, brown-headed cowbird, common grackle, house
             sparrow, red-winged blackbird or starling;

         (b) a bird that is declared to be a migratory game bird in the
             Convention set out in the Schedule to the Migratory Birds
             Convention Act, 1994 (Canada);

         (c) a bird that has been transported into Ontario, or propagated from
             stock that was transported into Ontario, and that is released with
             the Minister's authorization under section 54, other than a
             specially protected bird or a member of a species prescribed by the
             regulations for the purpose of this clause; or

         (d) any other bird, other than a specially protected bird, that is
             hunted with the authorization of the Minister. 1997, c. 41, s. 5.

Requirement for hunting or trapping licence

 6.  (1) Except under the authority of a licence and in accordance with the
         regulations, a person shall not hunt or trap,

         (a) a black bear, white-tailed deer, moose, caribou or elk;

         (b) a game mammal that is not referred to in clause (a);

         (c) a game bird;

         (d) a furbearing mammal;

         (e) a game reptile;

         (f) a game amphibian;

         (g) a bird referred to in subsection 5 (2); or

         (h) wildlife that is not referred to in clauses (a) to (g), the hunting
             of which is not prohibited by section 5.

Trappers

     (2) Despite subsection (1)'s requirement for a licence but subject to
         section 9 and to any requirement for a licence under section 79, the
         holder of a licence to trap furbearing mammals may, in accordance with
         the licence and without any other licence, in the area described in the
         licence and to the extent that the open season falls within the period
         from September 1 in a year to June 30 of the following year,

         (a) hunt or trap black bear and other game mammals, other than
             white-tailed deer, moose, caribou or elk;

         (b) hunt game birds, other than wild turkey;

         (c) hunt birds referred to in subsection 5 (2); and

         (d) hunt wildlife referred to in clause (1) (h).

Farmers

     (3) Despite subsection (1)'s requirement for a licence, a farmer or a
         member of a farmer's family who resides with the farmer may, during the
         open season and without a licence, on the farmer's land,

         (a) hunt or trap furbearing mammals;

         (b) hunt or trap game mammals, other than black bear, white-tailed
             deer, moose, caribou or elk;

         (c) hunt game birds, other than wild turkey;

         (d) hunt or trap game reptiles or game amphibians;

         (e) hunt birds referred to in subsection 5 (2); and

         (f) hunt wildlife referred to in clause (1) (h). 1997, c. 41, s. 6.

Nests and eggs

 7.  (1) A person shall not destroy, take or possess the nest or eggs of a bird
         that belongs to a species that is wild by nature.

Exceptions

     (2) Subsection (1) does not apply to the nest or eggs of an American crow,
         brown-headed cowbird, common grackle, house sparrow, red-winged
         blackbird or starling.

Authorization

     (3) Subsection (1) does not apply if the person has the authorization of
         the Minister.

Migratory birds

     (4) This section does not apply to nests or eggs that are subject to the
         Migratory Birds Convention Act, 1994 (Canada). 1997, c. 41, s. 7.

Dens: black bears

 8.  (1) A person shall not interfere with a black bear in its den or
         intentionally damage or destroy a black bear's den.

Dens: furbearing mammals

     (2) A person shall not intentionally damage or destroy the den or habitual
         dwelling of a furbearing mammal, other than a fox or skunk, unless the
         person holds a licence to trap furbearing mammals.

Beaver dams

     (3) A person shall not damage or destroy a beaver dam unless the person
         holds a licence to trap furbearing mammals.

Protection of property

     (4) Subsection (3) does not apply to a person, or the agent of a person,
         who damages or destroys a beaver dam to protect the person's property.

Minister's authorization

     (5) The Minister may authorize a person to do anything that would otherwise
         be prohibited by this section. 1997, c. 41, s. 8.

Provincial parks and Crown game preserves

 9.  (1) A person shall not hunt, trap or possess wildlife in a provincial park
         or Crown game preserve.

Hunting equipment

     (2) A person shall not possess in a provincial park or Crown game preserve
         a firearm, trap, other hunting or trapping device, or explosive.

Exceptions

     (3) Subsections (1) and (2) do not apply in the circumstances prescribed by
         the regulations. 1997, c. 41, s. 9.

Trespassing

10.  (1) A person shall not,

         (a) enter premises in contravention of the Trespass to Property Act for
             the purpose of hunting or fishing;

         (b) enter premises in contravention of the Trespass to Property Act in
             possession of a firearm, fishing rod or other hunting or fishing
             device;

         (c) engage in hunting or fishing in contravention of the Trespass to
             Property Act;

         (d) fail to leave premises in contravention of the Trespass to Property
             Act, if the person was on the premises for the purpose of hunting
             or fishing; or

         (e) fail to leave premises in contravention of the Trespass to Property
             Act, if the person was on the premises in possession of a firearm,
             fishing rod or other hunting or fishing device.

Notice under Trespass to Property Act

     (2) The Minister may authorize a person to give notice for the purposes of
         the Trespass to Property Act with respect to hunting or fishing on
         Crown land.

Interference with notice

     (3) A person shall not interfere with any signs or markings that, under the
         Trespass to Property Act, give notice that,

         (a) hunting or fishing is prohibited; or

         (b) entry is prohibited for the purpose of hunting or fishing.

Parties of more than 12

     (4) A person shall not enter private land in a party of more than 12 people
         without the express permission of the occupier if any of the members of
         the party possesses a firearm or other hunting device.

Land with crops

     (5) A person shall not, for the purpose of hunting or fishing, enter or
         permit a dog to enter land on which any crop is growing or standing
         without the express permission of the occupier.

Crown land used for retention or propagation

     (6) A person shall not enter Crown land used for the purpose of retaining
         wildlife or fish, propagating wildlife or culturing fish without the
         express permission of the Crown.

Railway lands

     (7) Despite the Trespass to Property Act, the occupier of railway land,

         (a) shall not prohibit hunting or fishing on the railway land and shall
             not prohibit entry to the railway land for those purposes; and

         (b) shall not charge any fee for hunting or fishing on the railway land
             or for entry to the railway land for those purposes.

Exception

     (8) Subsection (7) does not apply in the circumstances prescribed by the
         regulations.

Definitions

     (9) In this section,

         "occupier" has the same meaning as in the Trespass to Property Act;
         ("occupant")

         "railway land" includes all land set apart under any Act as a land
         subsidy or otherwise in aid of a railway or any works related to a
         railway. ("terres à usage ferroviaire") 1997, c. 41, s. 10.

Hunting or trapping for gain

11.  (1) Except with the authorization of the Minister, a person shall not,

         (a) hunt for hire, gain or the expectation of gain;

         (b) hire, employ or induce another person to hunt for gain;

         (c) trap for hire, gain or the expectation of gain;

         (d) hire, employ or induce another person to trap for gain; or

         (e) pay or accept a bounty.

Guides and black bear hunting services

      (2) Clause (1) (a) does not apply to a guide within the meaning of section
          32 or to a provider of black bear hunting services within the meaning
          of that section, and clause (1) (b) does not apply to a person who
          employs or hires the guide or the provider of black bear hunting
          services.

Trappers

     (3) Clauses (1) (a) and (c) do not apply to a person who hunts or traps
         furbearing mammals or black bear under the authority of a licence to
         trap.

Same

     (4) Clauses (1) (b) and (d) do not apply to a person who holds a licence to
         trap and who hires, employs or induces another person who holds a
         licence to trap to hunt or trap furbearing mammals or black bear on his
         or her behalf.

Other exceptions

     (5) Clauses (1) (a) to (d) do not apply in the circumstances prescribed by
         the regulations. 1997, c. 41, s. 11.

Illegally killed wildlife

12.  A person shall not possess wildlife that has been killed, injured or
     captured contrary to this Act or the regulations. 1997, c. 41, s. 12.

Obstruction of hunting, trapping or fishing

13.  (1) A person shall not interfere with lawful hunting, trapping or fishing
         by,

         (a) tampering with traps, nets, bait, firearms or any other thing used
             for hunting, trapping or fishing;

         (b) placing himself or herself in a position, for the purpose of
             interfering, that hinders or prevents hunting, trapping or fishing;
             or

         (c) engaging in an activity, for the purpose of interfering, that
             disturbs or is likely to disturb wildlife or fish.

Notice without authority

     (2) A person shall not purport to give notice that entry to premises is
         prohibited for the purpose of hunting or fishing or that hunting or
         fishing is prohibited on premises unless the person has authority to
         give the notice. 1997, c. 41, s. 13.

Safety and Methods

Unsafe areas

14.  A person shall not hunt with a firearm in an area prescribed by the
     regulations as unsafe for hunting. 1997, c. 41, s. 14.

Hunter clothing

15.  A person who holds a licence to hunt or trap shall, while hunting, wear
     coloured clothing in accordance with the regulations. 1997, c. 41, s. 15.

Careless use of firearm

16.  (1) A person who is in possession of a firearm for the purpose of hunting
         or trapping shall not discharge or handle the firearm, or cause it to
         be discharged or handled, without due care and attention or without
         reasonable consideration for people or property.

Report of injuries

     (2) A person shall notify a conservation officer as soon as practicable if
         an injury requiring treatment by a physician is caused by the discharge
         of a firearm while the person is in possession of the firearm for the
         purpose of hunting or trapping. 1997, c. 41, s. 16.

Loaded firearms in hunting areas

17.  (1) A person who is in an area usually inhabited by wildlife or who is on
         the way to or from an area usually inhabited by wildlife shall not,

         (a) have a loaded firearm in or on a vehicle, or discharge a firearm
             from a vehicle;

         (b) have a loaded firearm in or on a motorboat, or discharge a firearm
             from a motorboat, unless the person is hunting migratory birds in
             accordance with the regulations under the Migratory Birds
             Convention Act, 1994 (Canada);

         (c) have a loaded firearm in or on an aircraft, or discharge a firearm
             from an aircraft;

         (d) in a part of Ontario prescribed by the regulations, have a loaded
             firearm in, or discharge a firearm in or across, a right of way for
             public vehicular traffic; or

         (e) in a part of Ontario to which clause (d) does not apply, discharge
             a firearm in or across the travelled portion of a right of way for
             public vehicular traffic.

Unmaintained rights of way

     (2) Clauses (1) (d) and (e) do not apply to an unmaintained right of way
         unless the regulations provide otherwise.

Person with disability

     (3) Despite clauses (1) (a) and (b), the Minister may authorize a person
         with a disability to have a loaded firearm in a vehicle or motorboat,
         and to discharge a firearm from a vehicle or motorboat that is not in
         motion, if the person's mobility is impaired in the manner prescribed
         by the regulations. 1997, c. 41, s. 17.

Set firearms

18.  A person shall not use a firearm to hunt wildlife in a manner designed to
     permit the firearm to discharge when it is not being physically held by the
     person. 1997, c. 41, s. 18.

Shotguns

19.  A person shall not hunt with a shotgun unless the shotgun has been
     permanently plugged or altered so that it cannot hold a total of more than
     three shells at one time in the chamber and magazine. 1997, c. 41, s. 19.

Night hunting

20.  (1) A person shall not, during the period from half an hour after sunset to
         half an hour before sunrise,

         (a) hunt wildlife;

         (b) have a firearm in the person's possession in an area usually
             inhabited by wildlife, unless the firearm is unloaded and encased;
             or

         (c) shine a light for the purpose of hunting wildlife.

Exceptions

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 20.

No trapping of certain mammals

21.  (1) A person shall not kill, capture or injure a black bear, white-tailed
         deer, moose, caribou or elk by means of a trap, baited line or similar
         device.

Trapping black bear

     (2) Despite subsection (1), the holder of a licence to trap furbearing
         mammals may trap black bear in accordance with subsection 6 (2) and the
         regulations.

No trapping of game birds

     (3) A person shall not kill, capture or injure a game bird by means of a
         trap, baited line or similar device. 1997, c. 41, s. 21.

Body-gripping traps

22.  (1) A person shall not trap wildlife or a domestic animal by means of a
         body-gripping trap.

Exceptions

     (2) Subsection (1) does not apply to a person who uses a body-gripping trap
         in accordance with the regulations, if,

         (a) the person holds a licence to trap furbearing mammals and uses the
             body-gripping trap pursuant to that licence;

         (b) the person is a farmer or a member of a farmer's family and uses
             the body-gripping trap to trap furbearing mammals under subsection
             6 (3);

         (c) the person is a farmer and uses the body-gripping trap to trap
             wildlife, other than a bird, under section 31;

         (d) the person uses the body-gripping trap in a part of Ontario
             prescribed by the regulations; or

         (e) the body-gripping trap is prescribed by the regulations as a humane
             trap. 1997, c. 41, s. 22.

Swimming bears, deer, etc.

23.  A person shall not hunt a black bear, white-tailed deer, moose, caribou or
     elk while it is swimming. 1997, c. 41, s. 23.

Vehicles

24.  (1) A person shall not use a vehicle for the purpose of killing, injuring,
         capturing, harassing, pursuing or chasing wildlife.

Boats

     (2) A person shall not use a boat for the purpose of killing, injuring,
         capturing, harassing, pursuing or chasing wildlife.

Aircraft

     (3) A person shall not use an aircraft while hunting.

Exceptions

     (4) Subsections (2) and (3) do not apply in the circumstances prescribed by
         the regulations. 1997, c. 41, s. 24.

Hunting with dogs

25.  (1) A person shall not use or be accompanied by a dog while hunting
         white-tailed deer, moose, caribou, elk or black bear, except under the
         authority of a licence issued in respect of that dog.

Prescribed areas

     (2) Despite subsection (1), a person shall not use or be accompanied by a
         dog while hunting white-tailed deer, moose, elk or black bear in an
         area prescribed by the regulations.

Dog running at large

     (3) The owner of a dog or any other person responsible for a dog shall not
         permit it to run at large,

         (a) during the open season for white-tailed deer, moose, elk or black
             bear, in an area prescribed for the purpose of subsection (2); or

         (b) during the closed season for white-tailed deer, moose, elk or black
             bear, in an area usually inhabited by that species.

Power of conservation officer

     (4) A conservation officer may kill a dog without incurring any liability
         if,

         (a) the dog is running at large in an area prescribed for the purpose
             of subsection (2) during the open season for white-tailed deer,
             moose, elk or black bear; or

         (b) the dog is chasing white-tailed deer, moose, elk or black bear
             during the closed season for that species in an area usually
             inhabited by that species. 1997, c. 41, s. 25.

Dog training during closed season

26.  A person shall not use a dog to chase game mammals or game birds during the
     closed season for the purpose of teaching the dog hunting skills or testing
     the dog's hunting skills unless the person has the authorization of the
     Minister. 1997, c. 41, s. 26.

Birds of prey

27.  (1) A person shall not hunt with a specially protected raptor or any other
         bird of prey.

Exception

     (2) Subsection (1) does not apply to a person who hunts in accordance with
         the regulations with a specially protected raptor or other bird of prey
         that belongs to a species prescribed by the regulations for the purpose
         of this subsection. 1997, c. 41, s. 27.

Ferrets

28.  A person shall not hunt with a ferret. 1997, c. 41, s. 28.

Poison

29.  (1) A person shall not use poison to kill, injure or capture wildlife.

Exceptions

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 29.

Adhesives

30.  (1) A person shall not use adhesives to kill, injure or capture wildlife.

Exceptions

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 30.

Protection of Property

Protection of property

31.  (1) If a person believes on reasonable grounds that wildlife is damaging or
         is about to damage the person's property, the person may, on the
         person's land,

         (a) harass the wildlife for the purpose of deterring it from damaging
             the person's property; or

         (b) capture or kill the wildlife.

Agents

     (2) The person may use an agent to harass, capture or kill the wildlife
         under subsection (1) if the agent has the authorization of the Minister
         or belongs to a class of agents prescribed by the regulations.

Exceptions

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

         (a) a moose, caribou or elk;

         (b) a white-tailed deer, unless the person harasses or kills the deer
             in accordance with the authorization of the Minister; or

         (c) other wildlife prescribed by the regulations, unless the person
             harasses, captures or kills the wildlife in accordance with the
             authorization of the Minister.

Scope of authority

     (4) A person who harasses, captures or kills wildlife under this section
         shall not harass, capture or kill more wildlife than is necessary to
         protect the property.

Unnecessary suffering

     (5) A person who harasses, captures or kills wildlife under this section
         shall not cause it unnecessary suffering.

Certain provisions do not apply

     (6) Sections 5 and 6, clauses 11 (1) (a) to (d), section 27 and such other
         provisions of this Act and the regulations as are prescribed by the
         regulations do not apply to a person who harasses, captures or kills
         wildlife under this section.

Night hunting

     (7) Section 20 does not apply to a person who, under this section,
         harasses, captures or kills wildlife, other than white-tailed deer or
         wildlife prescribed for the purpose of clause (3) (c).

Capture and release

     (8) Subsection 40 (1) and section 46 do not apply to a person who captures
         wildlife under this section and releases it in accordance with the
         regulations or in accordance with an authorization of the Minister.

Trapping bears

     (9) Section 21 does not apply to an agent acting under subsection (2) who
         traps a black bear if the agent has the authorization of the Minister
         to trap black bears.

Disposal

    (10) A white-tailed deer or other wildlife prescribed by the regulations
         that is captured or killed under this section shall be disposed of in
         accordance with the directions of the Minister. 1997, c. 41, s. 31.

Hunting and Fishing Services

Guides and black bear hunting services

32.  (1) In this section,

         "black bear hunting services" has the meaning defined by the
         regulations; ("services de chasse à l'ours noir")

         "guide" means a person who carries out the customary duties of a
         hunting or sport fishing guide for gain, but does not include a person
         who is providing black bear hunting services. ("guide")

Licence required

     (2) A person shall not, except under the authority of a licence and in
         accordance with the regulations,

         (a) act as a guide with respect to a species of wildlife prescribed by
             the regulations; or

         (b) provide black bear hunting services.

Exceptions

     (3) Subsection (2) does not apply in the circumstances prescribed by the
         regulations.

Employment of unlicensed person

     (4) A person shall not hire or employ a person who requires a licence under
         subsection (2) unless the person holds the licence.

Acting for unlicensed client

     (5) A person who requires a licence under subsection (2) shall not provide
         services to a person who is engaged in hunting or fishing but who does
         not possess a licence required for that purpose under this Act or the
         Ontario Fishery Regulations. 1997, c. 41, s. 32.

Game bird hunting preserves

33.  (1) A person shall not own or operate a game bird hunting preserve except
         under the authority of a licence and in accordance with the
         regulations.

Exceptions

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 33.

Fishing preserves

34.  (1) A person shall not own or operate a fishing preserve except under the
         authority of a licence and in accordance with the regulations.

Exceptions

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 34.

Dog training and trials

35.  (1) A person shall not own or operate an area in which wildlife is enclosed
         for the purpose of teaching dogs hunting skills or testing dogs'
         hunting skills.

Exception

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 35.

Miscellaneous

Abandonment of meat

36.  (1) A hunter or trapper who kills a game mammal, game bird, game amphibian
         or game reptile shall not abandon it if its flesh may become unsuitable
         for human consumption.

Spoiled flesh

     (2) A person who possesses a game mammal, game bird, game amphibian or game
         reptile that was hunted or trapped shall not permit its flesh to become
         unsuitable for human consumption.

Abandonment or spoilage of pelts

     (3) A hunter or trapper who kills a furbearing mammal shall not abandon the
         pelt or permit the pelt to be spoiled or destroyed.

Exceptions

     (4) Subsection (3) does not apply in the circumstances prescribed by the
         regulations.

Abandonment or spoilage of fish

     (5) A person who takes a fish whose flesh is suitable for human consumption
         shall not,

         (a) abandon the fish if its flesh may become unsuitable for human
             consumption; or

         (b) permit the flesh to become unsuitable for human consumption.

Exceptions

     (6) Subsection (5) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 36.

Possession of certain nets

37.  (1) Except under the authority of a licence, a person shall not possess a
         gill net, hoop net, pound net, seine net, trap net, trawl net, trammel
         net, roll net or hook line.

Sale of certain nets

     (2) A person shall not sell a gill net, hoop net, pound net, seine net,
         trap net, trawl net, trammel net, roll net or hook line, except to a
         person who is authorized to possess it.

Exception

     (3) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 37.

Ownership of bed of body of water

38.  The ownership of the bed of a river, lake or navigable body of water does
     not give the owner the exclusive right to fish in the water that flows over
     the bed unless that right is granted by the Crown. 1997, c. 41, s. 38.

Education and science

39.  The Minister may authorize a person to capture, kill or possess wildlife
     for educational or scientific purposes. 1997, c. 41, s. 39.

                                     PART III
                              LIVE WILDLIFE AND FISH

Wildlife in captivity

40.  (1) A person shall not keep live game wildlife or live specially protected
         wildlife in captivity except under the authority of a licence and in
         accordance with the regulations.

Exceptions

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

         (a) a person who keeps game amphibians or game reptiles in captivity
             for the purpose of personal consumption;

         (b) a person who keeps in captivity for the purpose of personal
             education a single game reptile, game amphibian, specially
             protected mammal, specially protected reptile, specially protected
             amphibian or specially protected invertebrate; or

         (c) a person who keeps game wildlife or specially protected wildlife in
             captivity for any educational or scientific purpose, or for any
             other purpose, if the person has the authorization of the Minister.

Other exceptions

     (3) Subsection (1) does not apply in the circumstances prescribed by the
         regulations.

Hunting wildlife to keep in captivity

     (4) A person shall not hunt or trap game wildlife or specially protected
         wildlife for the purpose of keeping it in captivity unless the person
         has the authorization of the Minister. 1997, c. 41, s. 40.

Hunting animals in captivity

41.  (1) A person shall not hunt or permit the hunting of,

         (a) a farmed animal; or

         (b) game wildlife, specially protected wildlife or any other wildlife
             prescribed by the regulations, if the wildlife is in captivity at
             the time it is hunted.

Exceptions

     (2) Subsection (1) does not apply to the hunting of game birds in a game
         bird hunting preserve or in an area prescribed by the regulations.

Other exceptions

     (3) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 41.

Marking birds of prey

42.  A person who keeps a specially protected raptor in captivity, or who keeps
     another bird of prey prescribed by the regulations in captivity, shall mark
     it in the manner prescribed by the regulations and shall keep the records
     prescribed by the regulations. 1997, c. 41, s. 42.

Wildlife in transit

43.  Except as prescribed by the regulations, subsection 40 (1) and section 42
     do not apply to wildlife that originated outside Ontario and is in Ontario
     temporarily in transit or in quarantine. 1997, c. 41, s. 43.

Definition - "wildlife custodian"

44.  (1) In this section,

         "wildlife custodian" means a person who has an authorization under
         subsection (2).

Rehabilitation or care

     (2) The Minister may authorize a person to keep injured, sick or immature
         game wildlife or specially protected wildlife in captivity for the
         purpose of rehabilitating or caring for them.

No remuneration

     (3) A wildlife custodian is not entitled to any remuneration from the
         Minister.

Wildlife not capable of release

     (4) The Minister may authorize a wildlife custodian to kill injured, sick
         or immature game wildlife or specially protected wildlife that, in the
         custodian's opinion, will not be capable of being released into the
         wild after appropriate care.

Surrender to Minister

     (5) On the request of the Minister, a wildlife custodian shall surrender to
         the Minister any game wildlife or specially protected wildlife in the
         custodian's possession, whether it is alive or dead, or shall dispose
         of it in such manner as the Minister may direct.

Liability of Crown

     (6) The Crown in right of Ontario is not liable for any act or omission of
         a wildlife custodian and no action or other proceeding for damages may
         be instituted against the Crown in right of Ontario for any loss
         arising from the act or omission of a wildlife custodian. 1997, c. 41,
         s. 44.

Propagation of wildlife

45.  (1) A person shall not propagate or offer to propagate game wildlife or
         specially protected wildlife, or possess it for the purpose of
         propagation, except under the authority of a licence and in accordance
         with the regulations.

Exceptions

     (2) Subsection (1) does not apply to a person who is keeping the wildlife
         in captivity under clause 40 (2) (c), if the person has the
         authorization of the Minister. 1997, c. 41, s. 45.

Release of wildlife

46.  (1) Except with the authorization of the Minister, a person shall not
         release,

         (a) a farmed animal; or

         (b) game wildlife or specially protected wildlife that is kept in
             captivity.

Escape

     (2) A person who keeps a farmed animal or who keeps game wildlife or
         specially protected wildlife in captivity shall ensure that it does not
         escape.

Obligations on escape or release

     (3) If, despite subsection (1) or (2), a farmed animal or game wildlife or
         specially protected wildlife escapes or is released without
         authorization, the person who kept it in captivity,

         (a) shall immediately notify the Minister; and

         (b) unless otherwise directed by the Minister, shall return the farmed
             animal or wildlife to captivity or kill it as soon as practicable.

Exceptions

     (4) Subsection (3) does not apply to game wildlife or specially protected
         wildlife that was kept in captivity for the purpose of rehabilitation
         or care under section 44 or that was kept in captivity for the purpose
         of personal education under clause 40 (2) (b).

Certain provisions do not apply

     (5) Sections 5 and 6, clauses 11 (1) (a) to (d), sections 20 and 27 and
         such other provisions of this Act and the regulations as are prescribed
         by the regulations do not apply to a person who captures or kills a
         farmed animal or wildlife under subsection (3).

Minister's powers

     (6) If the Minister is of the opinion that a person has not complied with
         clause (3) (b), the Minister may capture or kill the farmed animal or
         wildlife without incurring any liability.

Minister's expenses

     (7) The person who kept the farmed animal or wildlife in captivity is
         liable to the Minister for all expenses incurred by the Minister under
         subsection (6) unless the escape or release was caused by a natural
         disaster or act of vandalism that was beyond the control of the person.
         1997, c. 41, s. 46.

Aquaculture

47.  (1) A person shall not engage in aquaculture unless the fish that are
         cultured,

         (a) belong to a species prescribed by the regulations; and

         (b) are cultured under the authority of a licence and in accordance
             with the regulations.

Exception

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 47.

                                     PART IV
                           SALE, PURCHASE AND TRANSPORT

Buying or selling wildlife

48.  (1) A person shall not buy or sell game wildlife or specially protected
         wildlife, including pelts, except under the authority of a licence and
         in accordance with the regulations.

Farmed animal pelts

     (2) Subject to subsection (5), subsection (1) applies to the pelts of
         farmed animals that are furbearing mammals.

Trappers

     (3) Despite subsection (1)'s requirement for a licence, the holder of a
         licence to trap furbearing mammals may, without any other licence, sell
         all or part of the carcass of a furbearing mammal trapped by or on
         behalf of the holder of the licence, including the pelt.

Authorization for furbearing mammals

     (4) Despite subsection (1), a person may buy or sell a live furbearing
         mammal in accordance with the regulations if the person has the
         authorization of the Minister.

Other exceptions

     (5) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 48.

Sale of animals represented as wildlife

49.  A person shall not sell any animal or invertebrate that the person
     represents as a species of game wildlife or specially protected wildlife
     unless the person is authorized to sell that species of wildlife. 1997,
     c. 41, s. 49.

Black bear gall bladders

50.  A person shall not possess a black bear gall bladder that has been removed
     from the bear's carcass. 1997, c. 41, s. 50.

Buying or selling fish

51.  (1) A person shall not buy or sell fish that belong to a species that
         exists in Ontario waters or fish prescribed by the regulations, except
         under the authority of a licence and in accordance with the
         regulations.

Interpretation

     (2) For the purposes of subsection (1), fish cultured in Ontario shall be
         deemed to belong to a species that exists in Ontario waters.

Exception

     (3) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 51.

Serving wildlife or fish

52.  (1) A person shall not list game wildlife, specially protected wildlife or
         fish on a menu, or charge for serving it, unless the person has the
         authorization of the Minister.

Exceptions

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

         (a) game wildlife that was propagated under the authority of a licence
             or was lawfully purchased by the person; or

         (b) fish that was cultured under the authority of a licence or was
             lawfully purchased by the person. 1997, c. 41, s. 52.

Transport into Ontario

53.  A person shall not transport into Ontario game wildlife or specially
     protected wildlife for which a licence or permit is required by the
     regulations without first obtaining the licence or permit. 1997, c. 41,
     s. 53.

Release of imports

54.  (1) Except with the authorization of the Minister, a person shall not
         release wildlife or an invertebrate that has been transported into
         Ontario or has been propagated from stock that was transported into
         Ontario.

Escape of imports

     (2) A person who possesses wildlife or an invertebrate referred to in
         subsection (1) shall ensure that it does not escape.

Same

     (3) If, despite subsection (1) or (2), wildlife or an invertebrate referred
         to in subsection (1) escapes or is released without authorization, the
         person who possessed it,

         (a) shall immediately notify the Minister; and

         (b) unless otherwise directed by the Minister, shall capture or kill
             the wildlife or invertebrate as soon as practicable.

Certain provisions do not apply

     (4) Sections 5 and 6, clauses 11 (1) (a) to (d), sections 20 and 27 and
         such other provisions of this Act and the regulations as are prescribed
         by the regulations do not apply to a person who captures or kills
         wildlife or an invertebrate under subsection (3).

Minister's powers

     (5) If the Minister is of the opinion that a person has not complied with
         clause (3) (b), the Minister may capture or kill the wildlife or
         invertebrate without incurring any liability.

Minister's expenses

     (6) The person who possessed the wildlife or invertebrate is liable to the
         Minister for all expenses incurred by the Minister under subsection (5)
         unless the escape or release was caused by a natural disaster or act of
         vandalism that was beyond the control of the person. 1997, c. 41,
         s. 54.

Transport out of Ontario

55.  (1) A person shall not transport out of Ontario game wildlife or specially
         protected wildlife for which a licence or permit is required by the
         regulations without first obtaining the licence or permit.

Farmed animal pelts

     (2) Subsection (1) applies to the pelts of farmed animals that are
         furbearing mammals.

Transport for sale or propagation

     (3) A person shall not transport game wildlife or specially protected
         wildlife out of Ontario for the purpose of sale or propagation unless
         the person is entitled under this Act to sell or propagate the wildlife
         in Ontario. 1997, c. 41, s. 55.

Transport of wildlife or fish illegally killed

56.  A person shall not transport wildlife or fish that was killed, captured,
     taken or possessed contrary to this Act, the regulations, or the Fisheries
     Act (Canada) or the regulations under that Act. 1997, c. 41, s. 56.

Transport of containers

57.  (1) A person shall not transport a container that contains game wildlife,
         specially protected wildlife or fish unless the container is plainly
         marked on the outside with a description of the contents, the name and
         address of the person who is sending the container and the name and
         address of the person to whom the container is being sent.

Farmed animal pelts

     (2) Subject to subsection (3), subsection (1) applies to the pelts of
         farmed animals that are furbearing mammals.

Exception

     (3) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 57.

                                     PART V
                           LAWS OF OTHER JURISDICTIONS

Laws of other jurisdictions

58.  (1) A person shall not possess wildlife, invertebrates or fish that,

         (a) were killed, captured, taken, possessed, transported, bought or
             sold contrary to the laws of another jurisdiction; or

         (b) were removed from another jurisdiction, contrary to the laws of
             that jurisdiction.

Sale prohibited in other jurisdiction

     (2) A person shall not sell or offer to sell wildlife or an invertebrate
         that has been transported into Ontario if the sale would not be
         permitted in the jurisdiction from which the wildlife or invertebrate
         was originally exported. 1997, c. 41, s. 58.

Removing seals from pelts

59.  If a pelt is transported into Ontario from a jurisdiction that requires the
     pelt to be sealed or marked, a person shall not remove the seal or mark or
     possess the pelt without the seal or mark. 1997, c. 41, s. 59.

                                     PART VI
                           LICENCES AND OTHER AUTHORITY

Issuance of licences

60.  The Minister may issue licences for the purposes of,

     (a) this Act; and

     (b) the Ontario Fishery Regulations. 1997, c. 41, s. 60.

Issuers

61.  (1) The Minister may authorize a person to issue licences on the Minister's
         behalf.

Manual

     (2) A person who is authorized to issue licences on the Minister's behalf
         shall comply with any applicable manual of instructions issued by the
         Minister, as it may be amended from time to time.

Fees held in trust

     (3) Fees owing to the Crown in right of Ontario that are collected by a
         person who is authorized to issue licences on the Minister's behalf
         shall be deemed to be held in trust for the Crown. 1997, c. 41, s. 61.

Conditions on licence - regulations

62.  (1) A licence is subject to the conditions prescribed by the regulations.

Conditions on licence - Minister

     (2) The Minister may impose written conditions on a licence that do not
         conflict with the regulations.

Conditions on authorization

     (3) The Minister may impose written conditions on an authorization that he
         or she gives under this Act.

Examples

     (4) For example, the conditions imposed on a licence or authorization may,

         (a) limit the species to which the licence or authorization applies;

         (b) limit the area to which the licence or authorization applies;

         (c) limit the time during which the licence or authorization applies;

         (d) limit the circumstances in which the licence or authorization
             applies; and

         (e) if the licence or authorization authorizes the hunting or trapping
             of wildlife, limit the number, sex, size, age or type of wildlife
             that may be killed, captured or possessed or limit the methods that
             may be used to hunt or trap the wildlife.

Compliance with conditions

     (5) The holder of a licence or authorization shall comply with any
         conditions to which the licence or authorization is subject.

Authorizations

     (6) If a provision of this Act permits something to be done with the
         authorization of the Minister, the Minister may, in the authorization,
         permit for the purpose of the authorization any act or omission that
         would otherwise contravene this Act or the regulations. 1997, c. 41,
         s. 62.

Only one licence for certain species

63.  (1) A person shall not hold more than,

         (a) one licence to hunt black bear;

         (b) one licence to hunt white-tailed deer;

         (c) one licence to hunt moose;

         (d) one licence to hunt caribou; or

         (e) one licence to hunt elk.

Licence to trap furbearing mammals

     (2) Despite clause (1) (a), a person who is authorized to hunt or trap
         black bear under subsection 6 (2) may also hold a licence to hunt black
         bear.

Exception

     (3) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 63.

Age limit

64.  (1) A licence shall not be issued to a person who is under 16 years of age.

Exception

     (2) Subsection (1) does not apply in the circumstances prescribed by the
         regulations. 1997, c. 41, s. 64.

Authorizations in writing

65.  Every authorization given under this Act shall be in writing. 1997, c. 41,
     s. 65.

Licence or authorization to be carried

66.  A person who is hunting, trapping or fishing shall carry on his or her
     person any licence or authorization issued under this Act. 1997, c. 41,
     s. 66.

Production

67.  On the request of a conservation officer, the holder of a licence or
     authorization shall produce and show it to the officer. 1997, c. 41, s. 67.

Transfer of licences

68.  (1) A person shall not,

         (a) transfer a licence or any component of a licence; or

         (b) buy or sell a licence or any component of a licence.

Use of someone else's licence

     (2) A person shall not use a licence, or any component of a licence, that
        was issued to someone else.

Exception

     (3) Subsections (1) and (2) do not apply to a transfer, purchase, sale or
         use that is authorized by the regulations or by a manual of
         instructions issued by the Minister to persons who issue licences on
         the Minister's behalf.

Same

     (4) A person shall not do anything to enable someone else to use a licence,
         or any component of a licence, that was issued to the person. 1997,
         c. 41, s. 68.

Incomplete licences

69.  A person shall not possess a licence that does not identify the holder of
     the licence, that is dated earlier than its date of issuance or that is
     incomplete in any material respect. 1997, c. 41, s. 69.

Void licences and authorizations

70.  (1) A licence or authorization is void if,

         (a) the licence or authorization is obtained through a false or
             misleading representation;

         (b) the issuance of the licence or the giving of the authorization is
             contrary to this Act or the regulations; or

         (c) the licence or authorization is issued or given in reliance on a
             licence or authorization that is void under clause (a) or (b).

Alteration without authority

     (2) A licence or authorization becomes void if it is altered without the
         authorization of the Minister.

Use of void licence, etc.

     (3) A person shall not possess, use, display or cause or permit to be
         displayed a void licence or authorization.

Surrender of void licence, etc.

     (4) On the request of a conservation officer, a person shall surrender a
         licence or authorization that is void or that the officer believes on
         reasonable grounds is void. 1997, c. 41, s. 70.

Refusal of licences: general

71.  The Minister may refuse to issue a licence for any reason consistent with
     the purposes of this Act, including the conservation or management of
     wildlife or fish. 1997, c. 41, s. 71.

Refusal of licences: conservation or management

72.  (1) If the Minister refuses to issue a licence on the grounds that the
         refusal is reasonably necessary for the conservation or management of
         wildlife or fish, the Minister shall serve a notice of the refusal on
         the applicant.

Application

     (2) The requirement to serve a notice under subsection (1) does not apply
         to a sport fishing licence, a licence to hunt, a licence to use or be
         accompanied by a dog while hunting, a licence or permit to transport
         wildlife or fish or a licence prescribed by the regulations. 1997,
         c. 41, s. 72.

Refusal of commercial fishing licences

73.  If the Minister refuses to issue a commercial fishing licence on the
     grounds that the applicant is in default of the payment of royalties, the
     Minister shall serve a notice of the refusal on the applicant. 1997, c. 41,
     s. 73.

Conditions on commercial fishing

74.  (1) If a commercial fishing licence is issued subject to conditions, the
         applicant may, not later than 10 days after the licence is issued, give
         the Minister written notice of disagreement with the conditions.

Continuation of fishing

     (2) An applicant who gives a notice of disagreement may fish under the
         licence, subject to its conditions, without prejudice to a hearing
         under section 77 or to the decision of the Minister under that section.

Notice from Minister

     (3) If the Minister receives a notice of disagreement, he or she shall
         serve a notice of receipt on the licensee. 1997, c. 41, s. 74.

Cancellation of licences

75.  (1) The Minister may cancel a licence if he or she is of the opinion that
         cancellation of the licence is reasonably necessary for the
         conservation or management of wildlife or fish.

Application

     (2) Subsection (1) does not apply to a sport fishing licence, a licence to
         hunt, a licence to use or be accompanied by a dog while hunting, a
         licence or permit to transport wildlife or fish or a licence prescribed
         by the regulations.

Notice

     (3) If the Minister proposes to cancel a licence under subsection (1), he
         or she shall serve a notice proposing to cancel the licence, with
         reasons, on the licensee. 1997, c. 41, s. 75.

Service of notice

76.  (1) A notice served by the Minister under section 72, 73, 74 or 75 shall be
         served personally or by registered mail addressed to the person to be
         served at the person's last known address.

Registered mail

     (2) Notice served by registered mail shall be deemed to have been served on
         the fifth day after the day of mailing, unless the person served
         establishes that the person did not, acting in good faith, through
         absence, accident, illness or other cause beyond the person's control,
         receive the notice until a later date. 1997, c. 41, s. 76.

Hearing

77.  (1) A notice under section 72, 73, 74 or 75 shall inform the person to whom
         the notice is given that the person may require a hearing by mailing or
         delivering a written request for a hearing to the Minister within 15
         days after service of the notice.

Appointment of hearing officer

     (2) If the Minister receives a request for a hearing in accordance with
         subsection (1), the Minister shall appoint a hearing officer to hold
         the hearing.

Parties

     (3) The person who required the hearing and such other persons as the
         hearing officer may specify are parties to the hearing.

Minister entitled to be heard

     (4) The Minister is entitled to be heard at the hearing.

Procedure

     (5) Sections 5.1, 5.2, 6 to 15.1, 16, 21, 21.1, 22 and 23 of the Statutory
         Powers Procedure Act apply with necessary modifications to the hearing.

Report

     (6) After the hearing, the hearing officer shall issue a report to the
         Minister, that contains,

         (a) a summary of the evidence presented at the hearing;

         (b) the hearing officer's opinion, having regard to what is reasonably
             necessary for the conservation and management of wildlife or fish,
             on the merits of refusing or cancelling the licence or on the
             merits of the conditions imposed on the licence, as the case may
             be; and

         (c) the reasons for the hearing officer's opinion.

Minister's decision

     (7) After considering the hearing officer's report, the Minister may, as
         the case may be,

         (a) confirm the refusal to issue the licence or decide to issue the
             licence;

         (b) confirm the conditions imposed on the licence or decide to remove
             or amend the conditions; or

         (c) carry out or refrain from carrying out the proposal to cancel the
             licence. 1997, c. 41, s. 77.

Cancellation for error

78.  (1) The Minister may cancel a licence if an error was made in issuing it.

No compensation

     (2) The licensee has no right to compensation with respect to the
         cancellation of a licence under this section. 1997, c. 41, s. 78.

Municipal licences

79.  (1) A municipality may, with the authorization of the Minister, pass
         by-laws for issuing licences to hunt ring-necked pheasants,
         cottontails, varying hares and European hares in the municipality
         during the open season, for fixing the minimum and maximum number of
         licences that may be issued under a by-law and for charging such
         licence fees as the Minister may authorize.

Minimum number of licences

     (2) The Minister may require that the minimum number of licences fixed by a
         by-law be not less than a number fixed by the Minister.

Prohibition

     (3) Subject to subsection (5), if a by-law is passed under subsection (1),
         a person shall not hunt ring-necked pheasants, cottontails, varying
         hares or European hares in the municipality during the open season
         without a licence issued by the municipality.

Requirement for Minister's licence

     (4) Subsection (3) applies in addition to section 6.

Limited authorization

     (5) The Minister may exempt from an authorization under subsection (1) any
         Crown land or any land in respect of which an agreement has been
         entered into under subsection 81 (3).

Repeal of by-law

     (6) The Minister may authorize a municipality to repeal a by-law passed
         under subsection (1) and the repealing by-law may provide for the
         refund, in whole or in part, of licence fees paid under the repealed
         by-law. 1997, c. 41, s. 79.

                                     PART VII
                                  ADMINISTRATION

Administration of Act

80.  The Minister is responsible for the administration of this Act. 1997,
     c. 41, s. 80.

Acquisition of land

81.  (1) Land may be acquired under the Ministry of Government Services Act for
         the purpose of the conservation or management of wildlife or fish
         populations or the ecosystems of which those populations are a part.

Gifts

     (2) The Minister may, on behalf of the Crown in right of Ontario, accept
         gifts for the purpose mentioned in subsection (1).

Agreements

     (3) The Minister or the Chair of the Management Board of Cabinet may enter
         into agreements for the purpose mentioned in subsection (1).

Registration

     (4) An agreement under subsection (3) that relates to land may be
         registered in the proper land registry office and, during the term of
         the agreement, is binding on any person who acquires an interest in the
         land after the registration. 1997, c. 41, s. 81.

Form of documents

82.  (1) Subject to the regulations, the Minister may establish the form or
         format of any licence, authorization or other document issued under
         this Act, including the components of the licence, authorization or
         other document.

Submission of documents

     (2) Subject to the regulations, the Minister may establish the form or
         format of any document submitted under this Act, and a person who
         submits the document shall do so in the form or format established by
         the Minister.

False statements

     (3)  A person shall not make a false statement in an application for a
          licence or authorization or in any document required to be submitted
          to the Minister under this Act. 1997, c. 41, s. 82.

Fees and royalties

83.  (1) The Minister may,

         (a) establish and charge fees for any licence, document, examination or
             other thing required under this Act;

         (b) establish and charge fees for,

             (i) the use of Crown land or land acquired under section 81 for the
                 purpose of hunting, fishing, the propagation of wildlife or
                 invertebrates, aquaculture, or the retention of wildlife,
                 invertebrates or fish, or

            (ii) the use of facilities, equipment, services or other things
                 provided by the Ministry relating to wildlife, invertebrates or
                 fish; and

         (c) charge royalties established in accordance with the regulations.

Refund

     (2) The Minister may direct the refund of all or part of a fee or royalty
         if, in the Minister's opinion, it is equitable to do so.

Payment required

     (3) A person shall pay any fees or royalties charged by the Minister under
         this Act. 1997, c. 41, s. 83.

Sale of products and services

84.  The Minister may sell products and services relating to wildlife,
     invertebrates or fish. 1997, c. 41, s. 84.

Special purpose account

85.  (1) All amounts received by the Crown under this Act shall be held in a
         separate account in the Consolidated Revenue Fund, including all fines,
         fees and royalties paid under this Act and all proceeds from sales
         under this Act, including sales of things forfeited to the Crown under
         this Act.

Money in account

     (2) Money standing to the credit of the separate account is, for the
         purpose of the Financial Administration Act, money paid to Ontario for
         a special purpose.

Payments out of account

     (3) The Minister may direct that money be paid out of the separate account
         to the Minister or a person specified by the Minister if,

         (a) the payment will be used for the conservation or management of
             wildlife or fish populations or the ecosystems of which those
             populations are a part;

         (b) the payment will be used for a matter related to the activities of
             people as they interact with or affect wildlife or fish
             populations, including any matter related to safety; or

         (c) the payment will be used to refund all or part of a fee or royalty
             under subsection 83 (2).

Annual report

     (4) The Minister shall ensure that a report is prepared annually on the
         financial affairs of the separate account, including a summary of
         advice received from any advisory committee established by the Minister
         relating to the operation of the separate account.

Tabling of report

     (5) The Minister shall submit the report to the Lieutenant Governor in
         Council and shall table the report in the Legislative Assembly. 1997,
         c. 41, s. 85.

                                     PART VIII
                                    ENFORCEMENT

Interpretation - farmed animals

86.  A reference in this Part to wildlife includes a reference to farmed
     animals. 1997, c. 41, s. 86.

Conservation officers

87.  (1) The Minister may appoint a person or class of persons as conservation
         officers for the purposes of this Act.

Same

     (2) The following persons are conservation officers for the purposes of
         this Act by virtue of their office:

         1. A police officer or First Nations Constable appointed under the
            Police Services Act.

         2. A member of the Royal Canadian Mounted Police.

         3. A game officer designated under the Migratory Birds Convention Act,
            1994 (Canada).

         4. A park warden designated under the National Parks Act (Canada), if
            he or she is acting under the direction of a conservation officer
            appointed under subsection (1).

         5. A person whose primary employment responsibility is the enforcement
            of fish and wildlife laws in Manitoba, Quebec, Michigan, Minnesota,
            New York, Ohio, Pennsylvania or Wisconsin, if he or she is acting
            under the direction of a conservation officer appointed under
            subsection (1).

Production of identification

     (3) A conservation officer who is acting under this Part shall, on request,
         produce identification. 1997, c. 41, s. 87.

Inspection of firearms or ammunition

88.  For the purpose of this Act or the regulations, a conservation officer may
     inspect a firearm or ammunition in an area usually inhabited by wildlife,
     on a road leading to or from an area usually inhabited by wildlife or on
     the waters adjacent to an area usually inhabited by wildlife. 1997, c. 41,
     s. 88.

Inspection of vehicles, boats, aircraft

89.  (1) For the purpose of this Act or the regulations, a conservation officer
         may stop a vehicle, boat or aircraft.

Operator to stop

     (2) On the conservation officer's signal to stop, the operator of the
         vehicle, boat or aircraft shall immediately stop and produce for
         inspection any wildlife, invertebrate, fish, document or other thing
         requested by the officer for the purpose of this Act.

Stop signals

     (3) For the purpose of subsection (2), signals to stop include,

         (a) intermittent flashes of red light, in the case of a vehicle;

         (b) intermittent flashes of blue light, in the case of a boat; and

         (c) a hand signal to stop, in the case of a vehicle or boat. 1997,
             c. 41, s. 89.

Inspection of places

90.  (1) For the purpose of this Act or the regulations, a conservation officer
         may enter and inspect a building or other place, including,

         (a) a building or other place where licences are issued;

         (b) a building or other place that relates to wildlife, invertebrates
             or fish; or

         (c) a building or other place that relates to hunting, trapping or
             fishing or to the transport, buying or selling of wildlife,
             invertebrates or fish.

Farmed animals

     (2) Subsection (1) does not permit the entry or inspection of a building or
         other place for a purpose related to farmed animals.

Dwellings

     (3) Subject to subsection (4), subsection (1) does not apply to a building
         or part of a building that is being used as a dwelling.

Warrant for dwelling

     (4) A justice of the peace may issue a warrant authorizing a conservation
         officer to enter a dwelling if the justice is satisfied, by information
         given under oath or affirmation in an application without notice,

         (a) that the conditions required for entry under subsection (1) exist
             in relation to the dwelling; and

         (b) that entry to the dwelling has been refused or there are reasonable
             grounds to believe that entry will be refused.

Conditions in warrant

     (5) A warrant is subject to any conditions specified in the warrant.

Time of entry

     (6) An entry under this section shall be made at a time that is reasonable
         in view of the activity that is conducted in the building or other
         place.

Powers during inspection

     (7) During the inspection, the conservation officer may,

         (a) inspect wildlife, invertebrates or fish;

         (b) inspect a document that is required to be kept by this Act or the
             regulations or that relates to wildlife, invertebrates or fish;

         (c) use or cause to be used any computer system, for the purpose of
             examining information contained in or available to the computer
             system, and produce or cause to be produced a printout or other
             output from the computer system;

         (d) inspect any other thing that is in the building or other place;

         (e) ask questions that may be relevant to the inspection; and

         (f) conduct any tests that may be relevant to the inspection.

Provision of information

     (8) A person shall, during the inspection, provide information requested by
         the conservation officer that is relevant to the inspection.

Copies

     (9) The conservation officer may make copies of any documents inspected or
         produced during the inspection.

Removal

    (10) The conservation officer may remove any documents or things for the
         purpose of making copies or of further inspection, but the copying or
         further inspection shall be carried out with reasonable dispatch and
         the documents or things shall be returned promptly to the person from
         whom they were taken. 1997, c. 41, s. 90.

Searches with warrant

91.  (1) A conservation officer may obtain a search warrant under Part VIII of
         the Provincial Offences Act.

Searches without warrant

     (2) If a conservation officer believes on reasonable grounds that there is
         in a building or other place any thing that will afford evidence of an
         offence under this Act but that the time required to obtain a search
         warrant would lead to the loss, removal or destruction of the evidence,
         the conservation officer may, without a search warrant, enter and
         search the building or other place.

Dwellings

     (3) Subsection (2) does not apply to a building or part of a building that
         is being used as a dwelling.

Computers

     (4) A conservation officer who is conducting a search may use or cause to
         be used any computer system for the purpose of examining information
         contained in or available to the computer system, and may produce or
         cause to be produced a printout or other output from the computer
         system.

Necessary force

     (5) A conservation officer may use as much force as is necessary to execute
         a search warrant or to exercise any authority given by this section.
         1997, c. 41, s. 91.

Seizures

92.  (1) A conservation officer who is lawfully in a building or other place
         may, without a warrant, seize any thing that he or she believes on
         reasonable grounds,

         (a) has been obtained by the commission of an offence under this Act;

         (b) has been used in the commission of an offence under this Act;

         (c) will afford evidence of the commission of an offence under this
             Act; or

         (d) is intermixed with a thing referred to in clause (a), (b) or (c).

Presence pursuant to warrant

     (2) If the conservation officer is in the building or other place pursuant
         to a warrant, subsection (1) applies to any thing, whether or not it is
         specified in the warrant.

Safekeeping

     (3) A conservation officer shall deliver any thing that he or she seizes to
         a person authorized by the Minister for safekeeping, unless the thing
         is required to be carried before a justice by a search warrant issued
         under Part VIII of the Provincial Offences Act.

Return of seized things

     (4) Any thing seized and not forfeited under this section shall be returned
         to the person from whom it was seized if,

         (a) a charge is not laid at the conclusion of the investigation; or

         (b) a charge is laid but, when the prosecution is finally disposed of,
             the defendant is acquitted or the charge is dismissed or withdrawn.

Payment of fine

     (5) If a person is convicted of an offence and a fine is imposed,

         (a) a thing seized in connection with the offence and not forfeited to
             the Crown in right of Ontario under this section shall not be
             returned until the fine has been paid; and

         (b) if payment of the fine is in default within the meaning of section
             69 of the Provincial Offences Act, a justice may order that the
             thing be forfeited to the Crown in right of Ontario.

Forfeiture if identity unknown

     (6) If the identity of the person from whom a thing was seized has not been
         ascertained within 30 days after the seizure, the thing is forfeited to
         the Crown in right of Ontario.

Forfeiture of dead wildlife, etc.

     (7) Despite any order under Part VIII of the Provincial Offences Act, any
         dead wildlife, invertebrate or fish that is seized is forfeited to the
         Crown in right of Ontario if, in the opinion of the person who has
         custody of it, it is likely to spoil.

Forfeiture of live wildlife, etc.

     (8) Despite any order under Part VIII of the Provincial Offences Act, any
         live wildlife, invertebrate or fish that is seized is forfeited to the
         Crown in right of Ontario if, in the opinion of the person who has
         custody of it, it cannot properly be maintained in custody.

Forfeiture on conviction

     (9) If a person is convicted of an offence under this Act,

         (a) any wildlife, invertebrate or fish seized in connection with the
             offence, and any cage, shelter or enclosure seized in connection
             with the wildlife, invertebrate or fish, are forfeited to the Crown
             in right of Ontario; and

         (b) the justice may order that any other thing seized in connection
             with the offence be forfeited to the Crown in right of Ontario.

Application of subs. (9)

    (10) Subsection (9) applies in addition to any other penalty.

Forfeiture if possession is an offence

    (11) On motion in a proceeding under the Provincial Offences Act, or on
         application in accordance with the rules of court applicable to
         applications under that Act, a justice shall determine whether
         possession of a thing seized is an offence under this Act and, if it
         is, the justice shall order that the thing be forfeited to the Crown
         in right of Ontario.

Application of subs. (11)

    (12) Subsection (11) applies whether or not a charge is laid in respect of
         the thing seized and, if a charge is laid, subsection (11) applies
         even if the defendant is acquitted or the charge is dismissed or
         withdrawn.

Disposition of forfeited thing

    (13) A thing forfeited to the Crown in right of Ontario shall be disposed of
         in accordance with the directions of the Minister.

Application by person with interest

    (14) If a thing is forfeited to the Crown in right of Ontario following a
         conviction under this Act, a person who claims an interest in the thing
         and who is not the person from whom the thing was seized or the person
         who was convicted may apply to a justice, not later than 30 days after
         the thing is forfeited, on notice to the Minister and to the person
         from whom the thing was seized, for an order directing that the thing
         be released to the person claiming the interest.

Conditions

    (15) An order made under subsection (14) is subject to such conditions as
         may be imposed by the justice.

Exception

    (16) Subsections (14) and (15) do not apply to a thing forfeited under
         subsection (7) or (8).

Costs of seizure, etc.

    (17) If a person is convicted of an offence under this Act, the justice may,
         in addition to any other penalty, order the person to pay all or part
         of any expenses incurred by the Minister with respect to the seizure,
         storage or disposition of any thing seized in connection with the
         offence.

Definition

    (18) In this section,

         "justice" has the same meaning as in the Provincial Offences Act. 1997,
         c. 41, s. 92.

Arrest without warrant

93.  (1) A conservation officer may arrest without warrant a person that he or
         she believes on reasonable grounds is committing, has committed or is
         preparing to commit an offence under this Act.

Necessary force

     (2) A conservation officer may use as much force as is necessary to make an
         arrest under this section.

Release

     (3) If a conservation officer arrests a person under this section, he or
         she shall, as soon as practicable, release the person from custody,
         unless the officer has reasonable grounds to believe that,

         (a) it is necessary in the public interest for the person arrested to
             be detained, having regard to all the circumstances, including the
             need to,

             (i) establish the identity of the person,

            (ii) secure or preserve evidence of or relating to the offence, or

           (iii) prevent the continuation or repetition of the offence or the
                 commission of another offence; or

         (b) the person arrested, if released, will not respond to the summons
             or offence notice or will not appear in court.

Person to be taken before justice

     (4) Section 150 of the Provincial Offences Act applies if the person
         arrested is not released. 1997, c. 41, s. 93.

Entry on private land

94.  A conservation officer acting under this Act may enter private land and may
     authorize any other person acting under his or her direction to enter
     private land, with or without the officer, for the purpose of assisting the
     officer. 1997, c. 41, s. 94.

Exemption from Act or regulations

95.  The Minister, for the purpose of investigations and other law enforcement
     activities under this Act, may exempt a conservation officer from the
     application of any provision of this Act or the regulations, subject to
     such conditions as the Minister considers necessary. 1997, c. 41, s. 95.

Obstruction of conservation officer

96.  A person shall not,

     (a) knowingly make a false or misleading statement to a conservation
         officer who is acting under this Act; or

     (b) otherwise obstruct a conservation officer who is acting under this Act.
         1997, c. 41, s. 96.

                                     PART IX
                              OFFENCES AND PENALTIES

Offence

97.  (1) A person who contravenes any provision of this Act or the regulations
         is guilty of an offence.

Attempts

     (2) A person who attempts to do anything that would be an offence under
         this Act is guilty of that offence. 1997, c. 41, s. 97.

Corporations

98.  If a corporation commits an offence under this Act, an officer, director,
     employee or agent of the corporation who directed, authorized, assented to,
     acquiesced in or participated in the commission of the offence is party to
     and guilty of the offence and is liable on conviction to the punishment
     provided for the offence, whether or not the corporation has been
     prosecuted for the offence. 1997, c. 41, s. 98.

Employers and principals

99.  In a prosecution for an offence under this Act, it is sufficient proof of
     the offence to establish that it was committed by an employee or agent of
     the defendant acting in the course of employment or agency, whether or not
     the employee or agent is identified or has been prosecuted for the offence,
     unless the defendant establishes that the offence was committed without the
     knowledge or consent of the defendant. 1997, c. 41, s. 99.

Licensees

100. In a prosecution for an offence under this Act, it is sufficient proof of
     the offence to establish that it was committed by a person in the course of
     operations under a licence issued to the defendant, whether or not the
     person is identified or has been prosecuted for the offence, unless the
     defendant establishes that the offence was committed without the knowledge
     or consent of the defendant. 1997, c. 41, s. 100.

Defence

101. A person shall not be convicted of an offence under this Act if the person
     establishes that,

     (a) the person exercised all due diligence to prevent the commission of the
         offence; or

     (b) the person honestly and reasonably believed in the existence of facts
         that, if true, would render the person's conduct innocent. 1997, c. 41,
         s. 101.

Penalty

102. (1) A person convicted of an offence under this Act is liable to a fine of
         not more than $25,000, to imprisonment for a term of not more than one
         year, or to both.

Careless use of firearm

     (2) Despite subsection (1), a person convicted of an offence under section
         16 is liable to a fine of not more than $25,000, to imprisonment for a
         term of not more than two years, or to both.

Commercial offences

     (3) Despite subsections (1) and (2), a person convicted of an offence under
         this Act is liable to a fine of not more than $100,000, to imprisonment
         for a term of not more than two years, or to both, if,

         (a) the offence was committed under section 11, 48 or 51 or subsection
             55 (3) or 58 (2); or

         (b) the offence was committed for commercial purposes. 1997, c. 41,
             s. 102.

Limitation period

103. (1) A prosecution for an offence under this Act,

         (a) shall not be commenced more than two years after the day evidence
             of the offence first came to the attention of a conservation
             officer; and

         (b) shall not be commenced more than three years after the offence was
             committed.

Game and Fish Act

     (2) Subsection (1) also applies to an offence committed under the Game and
         Fish Act before section 119 comes into force, unless the offence was
         committed more than six months before that section comes into force.
         1997, c. 41, s. 103.

Cancellation of licence

104. (1) If a person is convicted of an offence under subsection 16 (1), the
         court shall order that,

         (a) any licence to hunt issued to the person shall be cancelled;

         (b) the person shall not possess, apply for or obtain a licence to
             hunt, and shall not hunt, during a period specified in the order;
             and

         (c) the person shall successfully complete a hunter education course
             prescribed by the regulations and successfully pass an examination
             for applicants for licences to hunt before the person applies for a
             licence to hunt.

Discretionary order

     (2) If a person is convicted of an offence under this Act, the Fisheries
         Act (Canada) or the Migratory Birds Convention Act, 1994 (Canada),
         other than an offence under subsection 16 (1) of this Act, the court
         may order that, during a period specified in the order,

         (a) the person shall not possess, apply for or obtain a licence of a
             kind specified by the court that is related to the offence; and

         (b) the person shall not engage in any activity for which the person
             would be required to hold a licence of the kind specified under
             clause (a).

Same

     (3) If a court makes an order under subsection (2) in respect of a kind of
         licence that the person holds at the time the order is made, the court
         shall order that the licence be cancelled.

No stay on appeal

     (4)  An appeal of the conviction does not stay the effect of an order under
          subsection (1), (2) or (3).

Surrender of licence

     (5) A person whose licence is cancelled under this section shall promptly
         surrender the licence to the Minister.

Compliance with order

     (6) A person shall comply with an order made under this section. 1997,
         c. 41, s. 104.

Suspension of licence if fine in default

105. If the payment of a fine imposed for an offence under this Act or the
     Fisheries Act (Canada) is in default, an order may be made under section 69
     of the Provincial Offences Act directing that any licence under this Act
     that is related to the offence be suspended, and that any licence of that
     kind not be renewed, validated or issued, until the fine is paid. 1997,
     c. 41, s. 105.

Compensation: offence under subs. 46 (1) or 54 (1)

106. (1) A court that convicts a person of an offence under subsection 46 (1)
         or 54 (1) may order the person to compensate the Minister for expenses
         incurred by the Minister in capturing or killing any farmed animal,
         wildlife or invertebrate that was released.

Exception

     (2) Subsection (1) does not apply to the person who kept or possessed the
         farmed animal, wildlife or invertebrate before it was released.

Compensation: offence under subs. 61 (2)

     (3) A court that convicts a person of an offence under subsection 61 (2)
         may order the person to compensate the Minister for any amount
         collected by the person on behalf of the Crown that has not been
         remitted to the Crown. 1997, c. 41, s. 106.

Proof of licence

107. If a licence is a defence to a prosecution for an offence under this Act,
     the defendant has the burden of proving that the defendant had the required
     licence. 1997, c. 41, s. 107.

Proof of inspected or seized documents

108. In a prosecution under this Act, a copy of a document purporting to be
     certified by a conservation officer as a true copy of a document inspected
     or seized under this Act or Part VIII of the Provincial Offences Act is
     admissible in evidence as proof, in the absence of evidence to the
     contrary, of the document. 1997, c. 41, s. 108.

Proof of hunting or trapping

109. In a prosecution under this Act in respect of hunting or trapping,

     (a) proof that a person possessed, in an area usually inhabited by
         wildlife, a firearm, trap, decoy or other hunting or trapping device, a
         ferret or a specially protected raptor or other bird of prey, is proof,
         in the absence of evidence to the contrary, that the person was hunting
         or trapping, as the case may be; and

     (b) proof that a person shot at or stalked a decoy or other device placed
         by a conservation officer to suggest the presence of wildlife is proof,
         in the absence of evidence to the contrary, that the person was
         hunting. 1997, c. 41, s. 109.

Proof of sunrise and sunset times

110. In a prosecution for an offence under section 20, a certificate purporting
     to be signed by a astronomer setting out the times of sunrise and sunset is
     admissible in evidence as proof, in the absence of evidence to the
     contrary, of those times. 1997, c. 41, s. 110.

Proof of document

111. In a prosecution under this Act, the production of a document that purports
     to have been made by a person is proof, in the absence of evidence to the
     contrary, that the person made the document and of its contents. 1997,
     c. 41, s. 111.

                                     PART X
                                   REGULATIONS

Regulations: LG in C

112. The Lieutenant Governor in Council may make regulations,

     1. prescribing species for the purpose of the definition of "farmed animal"
        in subsection 1 (1);

     2. prescribing species for the purpose of the definition of "furbearing
        mammal", "game amphibian", "game bird", "game mammal", "game reptile",
        "specially protected amphibian", "specially protected bird", "specially
        protected invertebrate", "specially protected mammal", "specially
        protected raptor" or "specially protected reptile" in subsection 1 (1);

     3. prescribing regulations made under the Fisheries Act (Canada) for the
        purpose of the definition of "Ontario Fishery Regulations" in subsection
        1 (1);

     4. prohibiting or regulating the hunting, trapping or possession of
        wildlife, other than,

        i. prescribing open seasons or closed seasons for wildlife,

       ii. prescribing times of day during which the hunting of wildlife is or
           is not permitted, or

      iii. prescribing limits on the number of wildlife of a species, sex, size,
           age or type prescribed by the regulations that may be killed,
           captured or possessed;

     5. prohibiting or regulating hunting or trapping by non-residents;

     6. deeming a class of persons to be residents;

     7. prescribing parts of Ontario as Crown game preserves for the purposes of
        this Act and prohibiting or regulating entry to or activities in Crown
        game preserves;

     8. prescribing areas as unsafe for hunting for the purpose of section 14;

     9. prescribing, for the purpose of section 15, coloured clothing that shall
        be worn while hunting;

    10. respecting public safety in connection with hunting or trapping
        activities, including prohibiting or regulating activities that may pose
        a threat to the safety of the public;

    11. prescribing, for the purpose of clause 17 (1) (d), parts of Ontario in
        which a person shall not have a loaded firearm in, or discharge a
        firearm in or across, a right of way for public vehicular traffic;

    12. defining "unmaintained right of way" for the purpose of subsection
        17 (2) and prescribing circumstances in which clause 17 (1) (d) or (e)
        applies to an unmaintained right of way despite that subsection;

    13. prescribing the manner in which a person's mobility must be impaired
        before he or she may obtain an authorization under subsection 17 (3);

    14. prescribing parts of Ontario in which body-gripping traps may be used
        under clause 22 (2) (d) and prescribing types of body-gripping traps as
        humane traps for the purpose of clause 22 (2) (e);

    15. prohibiting or regulating the use or possession for the purposes of
        hunting or trapping of firearms and prohibiting or regulating the use or
        possession of blinds, decoys, traps or other hunting or trapping
        devices;

    16. prescribing, for the purpose of subsection 25 (2), areas where a person
        shall not use or be accompanied by a dog while hunting white-tailed
        deer, moose, elk or black bear;

    17. prescribing species of specially protected raptors and other birds of
        prey that a person may hunt with under subsection 27 (2);

    18. prohibiting or regulating hunting with specially protected raptors,
        other birds of prey, dogs or other animals;

    19. prescribing classes of agents for the purpose of subsection 31 (2);

    20. prescribing, for the purpose of clause 31 (3) (c), wildlife that may be
        harassed, captured or killed only in accordance with the authorization
        of the Minister;

    21. governing the harassing, capturing or killing of wildlife under section
        31 and governing the release of wildlife captured under that section;

    22. prescribing provisions of this Act and the regulations that do not apply
        to a person who harasses, captures or kills wildlife under section 31;

    23. prescribing, for the purpose of subsection 31 (10), wildlife that shall
        be disposed of in accordance with the directions of the Minister;

    24. prescribing species of wildlife for the purpose of clause 32 (2) (a) and
        governing guides within the meaning of that section;

    25. defining "black bear hunting services" for the purpose of section 32 and
        prohibiting or regulating the provision of black bear hunting services
        in areas specified by the regulations;

    26. governing game bird hunting preserves;

    27. defining "fishing preserve" for the purpose of section 34 and governing
        fishing preserves;

    28. governing the keeping of game wildlife and specially protected wildlife
        in captivity;

    29. prescribing, for the purpose of clause 41 (1) (b), wildlife that a
        person shall not hunt or permit the hunting of while the wildlife is in
        captivity;

    30. prescribing, for the purpose of subsection 41 (2), areas in which game
        birds may be hunted while they are in captivity;

    31. prescribing birds of prey for the purpose of section 42, prescribing the
        manner of marking specially protected raptors and other birds of prey
        under that section and prescribing the records that shall be kept under
        that section;

    32. prescribing circumstances in which subsection 40 (1) or section 42
        applies, despite section 43, to wildlife that originated outside Ontario
        and that is in Ontario temporarily in transit or in quarantine;

    33. prescribing provisions of this Act and the regulations that do not apply
        to a person acting under subsection 46 (3) or 54 (3), subject to such
        conditions as are prescribed by the regulations;

    34. governing the propagation of game wildlife and specially protected
        wildlife;

    35. governing aquaculture and prescribing, for the purposes of clause 47 (1)
        (a), species of fish that may be cultured;

    36. governing the buying or selling of game wildlife or specially protected
        wildlife, including pelts;

    37. requiring pelts to be sealed or marked in accordance with the
        regulations and governing the sealing and marking of pelts;

    38. prohibiting or regulating the possession, tanning, treating or plucking
        of pelts;

    39. governing the buying or selling of fish and prescribing, for the purpose
        of subsection 51 (1), fish that do not exist in Ontario waters that can
        be bought or sold only under the authority of a licence;

    40. requiring, for the purpose of section 53, a licence or permit to
        transport into Ontario game wildlife or specially protected wildlife
        that is prescribed by the regulations;

    41. requiring, for the purpose of subsection 55 (1), a licence or permit to
        transport out of Ontario game wildlife or specially protected wildlife
        that is prescribed by the regulations, including pelts;

    42. governing the issuance, renewal, transfer, refusal, suspension or
        cancellation of licences, including the qualifications for licences and
        requirements to complete courses and pass examinations approved by the
        Minister or by other persons;

    43. limiting the number of licences of any class that may be issued and
        establishing a system for limiting the number;

    44. prescribing conditions to which a licence is subject;

    45. authorizing a licence or component of a licence to be transferred,
        bought, sold or used, for the purpose of subsection 68 (3);

    46. authorizing a person who holds a licence to trap to designate another
        person to hunt or trap under the licence in his or her stead, and
        governing the making of the designation and the effect of the
        designation;

    47. governing the form or format of a licence, authorization or other
        document issued under this Act, including the components of the licence,
        authorization or other document;

    48. deeming a document or other thing to be a licence;

    49. prescribing licences to which subsection 72 (1) or 75 (1) does not
        apply;

    50. establishing and governing the calculation and payment of royalties for
        pelts, furbearing mammals, fish or bait for fishing captured, killed or
        taken for commercial purposes;

    51. requiring and governing the registration for the purposes of this Act of
        wildlife or invertebrates;

    52. requiring records to be kept for the purposes of this Act, requiring
        information to be submitted to the Minister or another person for the
        purposes of this Act  and governing the submission of the information;

    53. governing the form or format of any document submitted under this Act;

    54. prescribing exemptions from subsection 9 (1) or (2), subsection 10 (7),
        clauses 11 (1) (a) to (d), or subsection 20 (1), 24 (2), 24 (3), 29 (1),
        30 (1), 32 (2), 33 (1), 34 (1), 36 (3), 36 (5), 37 (1), 40 (1), 41 (1),
        47 (1), 48 (1), 51 (1), 57 (1), 63 (1) or 64 (1), subject to such
        conditions as are prescribed by the regulations;

    55. exempting a person from subsection 35 (1) if, on June 9, 1997, the
        person owned and operated an area in which wildlife was enclosed for the
        purpose of teaching dogs hunting skills or testing dogs' hunting skills,
        prescribing conditions to which the exemption is subject, governing the
        management and operation of the area by the exempted person and
        exempting persons who use the area for teaching dogs hunting skills or
        testing dogs' hunting skills from section 6 or 26. 1997, c. 41, s. 112.

Regulations: Minister

113. (1) The Minister may make regulations,

         1. prescribing species of birds that cannot be hunted or trapped under
            clause 5 (2) (c);

         2. prescribing open seasons or closed seasons for wildlife;

         3. prescribing times of day during which the hunting of wildlife is or
            is not permitted;

         4. prescribing limits on the number of wildlife of a specified species,
            sex, size, age or type that may be killed, captured or possessed;

         5. prohibiting or regulating the destruction, taking or possession of
            eggs of specially protected amphibians or specially protected
            reptiles;

         6. respecting hunter or trapper education;

         7. prohibiting or regulating the harvesting, propagation, transport,
            use, buying or selling of bait for fishing;

         8. prohibiting or regulating the placing of huts on ice for the purpose
            of fishing, regulating their use, and requiring and regulating their
            removal;

         9. prescribing wildlife management units, bear management areas,
            trapline areas and other areas for the purposes of this Act or the
            regulations.

Concurrent authority

     (2) The Lieutenant Governor in Council may make any regulation that the
         Minister has authority to make and may amend or revoke any regulation
         made by the Minister.

Same

     (3) The Minister may amend or revoke a provision of a regulation if the
         provision was made or amended by the Lieutenant Governor in Council
         under subsection (2). 1997, c. 41, s. 113.

Scope of regulations

114. (1) A regulation made under this Act may be general in its application or
         may apply only to,

         (a) a specified activity, species, licence, device or other thing, or a
             specified class of activities, species, licences, devices or other
             things;

         (b) a specified part of Ontario; or

         (c) a specified period of time.

Farmed animal pelts

     (2) A regulation made under paragraph 36, 37, 38, 41 or 54 of section 112
         that applies to pelts may provide that it applies to the pelts of
         farmed animals that are furbearing mammals.

Licence requirements

     (3) A regulation made under this Act that regulates or governs an activity
         may require a licence to engage in the activity. 1997, c. 41, s. 114.
Note: The Minister may amend or revoke a regulation made by the Lieutenant
      Governor in Council under the Game and Fish Act that relates to a matter
      in respect of which the Minister may make regulations under this Act.

      The Lieutenant Governor in Council may amend or revoke a regulation made
      by the Minister under the Game and Fish Act. See: 1997, c. 41, 
      ss. 119 (4, 5), 127.





SCHEDULE 1
FURBEARING MAMMALS

Common Name Scientific Name
 
Badger Taxidea taxus
Beaver Castor canadensis
Bobcat Lynx rufus
Coyote Canis latrans
Fisher Martes pennanti
Fox, Arctic Alopex lagopus
Fox, Gray Urocyon cinereoargenteus
Fox, Red (all colour phases) Vulpes vulpes
Lynx Lynx canadensis
Marten Martes americana
Mink Mustela vison
Muskrat Ondatra zibethicus
Opossum Didelphis virginiana
Otter Lutra canadensis
Raccoon Procyon lotor
Skunk, Striped Mephitis mephitis
Squirrel, Red Tamiasciurus hudsonicus
Weasel, Least Mustela nivalis
Weasel, Long-tailed Mustela frenata
Weasel, Short-tailed (Ermine) Mustela erminea
Wolf Canis lupus
 
1997, c. 41, Sched. 1.




SCHEDULE 2
GAME MAMMALS

Common Name Scientific Name
 
Bear, Black Ursus americanus
Caribou, Woodland Rangifer tarandus
Cottontail Sylvilagus floridanus
Deer, White-tailed Odocoileus virginianus
Elk, American (Wapiti) Cervus elaphus
Hare, European Lepus europaeus
Hare, Varying (Snowshoe) Lepus americanus
Moose Alces alces
Squirrel, Gray (Black) Sciurus carolinensis
Squirrel, Fox Sciurus niger
 
1997, c. 41, Sched. 2.




SCHEDULE 3
GAME BIRDS

Common Name Scientific Name
 
Bobwhite, Northern Colinus virginianus
Grouse, Ruffed Bonasa umbellus
Grouse, Sharp-tailed Tympanuchus phasianellus
Grouse, Spruce Dendragapus canadensis
Partridge, Gray (Hungarian) Perdix perdix
Pheasant, Ring-necked Phasianus colchicus
Ptarmigan, Rock Lagopus mutus
Ptarmigan, Willow Lagopus lagopus
Turkey, Wild Meleagris gallopavo
 
1997, c. 41, Sched. 3.




SCHEDULE 4
GAME REPTILES

Common Name Scientific Name
 
Turtle, Common Snapping Chelydra serpentina serpentina
 
1997, c. 41, Sched. 4.




SCHEDULE 5
GAME AMPHIBIANS

Common Name Scientific Name
 
Bullfrog Rana catesbeiana
 
1997, c. 41, Sched. 5.




SCHEDULE 6
SPECIALLY PROTECTED MAMMALS

Common Name Scientific Name
 
Bat, Big Brown Eptesicus fuscus
Bat, Eastern Pipistrelle Pipistrellus subflavus
Bat, Hoary Lasiurus cinereus
Bat, Least (Small-footed) Myotis leibii
Bat, Little Brown Myotis lucifugus
Bat, Northern Long-eared Myotis septentrionalis
Bat, Red Lasiurus borealis
Bat, Silver-haired Lasionycteris noctivagans
Chipmunk, Eastern Tamias striatus
Chipmunk, Least Tamias minimus
Flying Squirrel, Northern Glaucomys sabrinus
Flying Squirrel, Southern Glaucomys volans
Shrew, Arctic Sorex arcticus
Shrew, Cinereus (Masked) Sorex cinereus
Shrew, Least Cryptotis parva
Shrew, Northern Short-tailed Blarina brevicauda
Shrew, Pygmy Sorex hoyi
Shrew, Smoky Sorex fumeus
Shrew, Water Sorex palustris
 
1997, c. 41, Sched. 6.




SCHEDULE 7
SPECIALLY PROTECTED BIRDS (RAPTORS)

Common Name Scientific Name
 
Eagle, Bald Haliaeetus leucocephalus
Eagle, Golden Aquila chrysaetos
Falcon, Peregrine Falco peregrinus
Goshawk, Northern Accipiter gentilis
Gyrfalcon Falco rusticolus
Harrier, Northern Circus cyaneus
Hawk, Broad-winged Buteo platypterus
Hawk, Cooper's Accipiter cooperii
Hawk, Red-shouldered Buteo lineatus
Hawk, Red-tailed Buteo jamaicensis
Hawk, Rough-legged Buteo lagopus
Hawk, Sharp-shinned Accipiter striatus
Kestrel, American Falco sparverius
Kite, American Swallow-tailed Elanoides forficatus
Merlin Falco columbarius
Osprey Pandion haliaetus
Owl, Barred Strix varia
Owl, Boreal Aegolius funereus
Owl, Burrowing Athene cunicularia
Owl, Barn Tyto alba
Owl, Eastern Screech Otus asio
Owl, Great Gray Strix nebulosa
Owl, Great Horned Bubo virginianus
Owl, Long-eared Asio otus
Owl, Northern Hawk Surnia ulula
Owl, Northern Saw-whet Aegolius acadicus
Owl, Short-eared Asio flammeus
Owl, Snowy Nyctea scandiaca
Vulture, Turkey Cathartes aura
 
1997, c. 41, Sched. 7.




SCHEDULE 8
SPECIALLY PROTECTED BIRDS (OTHER THAN RAPTORS)

Common Name Scientific Name
 
Blackbird, Brewer's Euphagus cyanocephalus
Blackbird, Rusty Euphagus carolinus
Blackbird, Yellow-headed Xanthocephalus xanthocephalus
Jay, Blue Cyanocitta cristata
Jay, Gray Perisoreus canadensis
Kingfisher, Belted Ceryle alcyon
Pelican, White Pelecanus erythrorhynchos
Raven, Common Corvus corax
 
1997, c. 41, Sched. 8.




SCHEDULE 9
SPECIALLY PROTECTED REPTILES

Common Name Scientific Name
 
Racer, Blue Coluber constrictor foxi
Rattlesnake, Eastern Massasauga Sistrurus catenatus catenatus
Skink, Five-lined Eumeces fasciatus
Snake, Black Rat Elaphe obsoleta obsoleta
Snake, Butler's Garter Thamnophis butleri
Snake, Eastern Fox Elaphe vulpina gloydi
Snake, Eastern Hognose Heterodon platyrhinos
Snake, Eastern Smooth Green Opheodrys vernalis vernalis
Snake, Lake Erie Water Nerodia sipedon insularum
Snake, Milk Lampropeltis triangulum
Snake, Northern Water Nerodia sipedon sipedon
Snake, Queen Regina septemvittata
Softshell, Eastern Spiny Trionyx spiniferus spiniferus
Turtle, Blanding's Emydoidea blandingii
Turtle, Map Graptemys geographica
Turtle, Midland Painted Chrysemys picta marginata
Turtle, Musk Sternotherus odoratus
Turtle, Spotted Clemmys guttata
Turtle, Western Painted Chrysemys picta bellii
Turtle, Wood Clemmys insculpta
 
1997, c. 41, Sched. 9.




SCHEDULE 10
SPECIALLY PROTECTED AMPHIBIANS

Common Name Scientific Name
 
Frog, Blanchard's Cricket Acris crepitans blanchardi
Salamander, Blue-spotted Ambystoma laterale
Salamander, Eastern Tiger Ambystoma tigrinum tigrinum
Salamander, Four-toed Hemidactylium scutatum
Salamander, Jefferson Ambystoma jeffersonianum
Salamander, Northern Dusky Desmognathus fuscus fuscus
Salamander, Redback Plethodon cinereus
Salamander, Smallmouth Ambystoma texanum
Salamander, Spotted Ambystoma maculatum
Salamander, Two-lined Eurycea bislineata
Toad, Fowler's Bufo woodhousi fowleri
Treefrog, Gray Hyla versicolor
 
1997, c. 41, Sched. 10.




SCHEDULE 11
SPECIALLY PROTECTED INVERTEBRATES

Common Name Scientific Name
 
Butterfly, Karner Blue Lycaeides melissa
Butterfly, Monarch Danaus plexippus
Butterfly, West Virginia White Pieris virginiensis
Dusky Wing, Mottled Erynnis martialis
Elfin, Bog Incisalia lanoraieensis
Elfin, Frosted Incisalia irus
Swallowtail, Black Papilio polyxenes
Swallowtail, Giant Papilio cresthontes
Swallowtail, Old World Papilio machaon
Swallowtail, Pipevine Battus philenor
Swallowtail, Spicebush Papilio troilus
Swallowtail, Tiger Papilio glaucus
Swallowtail, Zebra Eurytides marcellus
 
1997, c. 41, Sched. 11.




Note: Despite the repeal of the Game and Fish Act by the Statutes of Ontario,
      1997, chapter 41, subsection 119(1), a licence, permit or authorization
      issued under the Game and Fish Act that authorized an activity continues
      to authorize that activity until the date the licence, permit or
      authorization would have expired under that Act. See: 1997, c.41,
      ss.119(3), 127.





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Last Modified: January 20, 2014 15:01:06. 
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