ontario regulation 281/08

made under the

fish and wildlife conservation act, 1997

Made: August 12, 2008
Filed: August 13, 2008
Published on e-Laws: August 14, 2008
Printed in The Ontario Gazette: August 30, 2008


Amending O. Reg. 664/98

(Fish Licensing)

1. Sections 1 to 10 of Ontario Regulation 664/98 are revoked and the following substituted:

Definitions

1. In this Part,

“Canadian resident” means a person who is a non-resident, whose primary residence is any part of Canada and who has actually resided in any part of Canada for a period of at least six months during the 12 months immediately preceding the time that residence becomes material under this Part;

“e-licence” means a component of a sport fishing licence that is obtained by the holder through the Ministry website;

“fisheries management zone” or “zone” means a subdivision of the waters of Ontario as shown on Regulation Plans of Fisheries Management Zones 1 - 20 filed on May 30, 2006 with the Office of the Surveyor General of Ontario in the Ministry;

“non-Canadian resident” means a person who is a non-resident and who is not a Canadian resident;

“sport fishing” has the same meaning as in the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada);

“validation tag” includes a resident sport fishing tag, a resident conservation tag, a Canadian resident sport fishing tag, a Canadian resident conservation tag, a non-Canadian resident sport fishing tag and a non-Canadian resident conservation tag.

Sport Fishing Licences

2. (1) A sport fishing licence authorizes the holder to engage in sport fishing subject to this Part.

(2) The following constitute a sport fishing licence:

1. A fishing outdoors card, a temporary fishing outdoors card or an application for a fishing outdoors card, if it is accompanied by the appropriate validation tag.

2. A combined hunting/fishing outdoors card issued under Ontario Regulation 665/98 (Hunting) made under the Act or an application for a combined hunting/fishing outdoors card, if it is accompanied by the appropriate validation tag.

3. An e-licence accompanied by,

i. a fishing outdoors card or a combined hunting/fishing outdoors card containing the same 15 digit number as the e-licence, or

ii. a temporary fishing outdoors card or a temporary combined hunting/fishing outdoors card containing the same personal information under which the e-licence was obtained.

4. During the period between an application for the renewal of a fishing outdoors card or a combined hunting/fishing outdoors card and the receipt of the new outdoors card, an e-licence accompanied by,

i. an expired outdoors card containing the same 15 digit number as the e-licence, or

ii. an expired temporary fishing outdoors card or temporary combined hunting/fishing outdoors card containing the same personal information under which the e-licence was obtained.

5. A one-day resident or Canadian resident sport fishing licence described in section 8.

6. A one-day non-Canadian resident sport fishing licence described in section 8.

7. A promotional sport fishing licence described in section 9.

8. A guest sport fishing licence.

9. A non-Canadian resident sport fishing licence for a member of an organized camp as that licence is described in section 10.

(3) The following documents shall be deemed to be sport fishing licences:

1. A disabled person parking permit issued under the Highway Traffic Act.

2. A national identity card issued by the Canadian National Institute for the Blind.

3. The birth certificate of a resident or Canadian resident under the age of 18 years or over the age of 65 years.

4. The birth certificate of a resident or Canadian resident who requires the direct assistance of another person to fish and to follow applicable laws in respect of fishing because of a condition of mental impairment or a developmental disability, a learning disability or dysfunction or a mental disorder.

5. A fishing outdoors card or combined hunting/fishing outdoors card that expired in the previous calendar year, together with a receipt issued within the previous 30 days to the holder of the outdoors card from a ServiceOntario kiosk indicating payment for the renewal of the outdoors card and for the renewal of an appropriate validation tag.

3. (1) A sport fishing licence issued to a resident of Manitoba in accordance with the laws of Manitoba shall be deemed to be a sport fishing licence in the following Ontario lakes:

1. Garner Lake (50° 48'N., 95° 11'W.).

2. Davidson Lake (50° 21'N., 95° 09'W.).

3. Ryerson Lake (50° 23'N., 95° 09'W.).

4. Mantario Lake (49° 95'N., 95° 10'W.).

5. Frances Lake (51° 43'N., 95° 08'W.).

6. Moar Lake (52° 00'N., 95° 07'W.).

(2) A resident of Quebec who is authorized to sport fish in accordance with the laws of Quebec shall be deemed to be the holder of a sport fishing licence in the following Ontario waters:

1. The Ottawa River (45º 34'N., 74º 23'W.) lying south of the dam situated in Temiscamingue, Quebec.

2. Lake St. Francis (45º 08'N., 74º 25'W.) and the waters of the St. Lawrence River lying between the easterly side of the dam at the site of the Robert H. Saunders Generating Station and the interprovincial boundary between Ontario and Quebec.

3. Lake Timiskaming (47º 20'N., 79º 30'W.).

4. Clarice Lake (48º 20'N., 79º 32'W.).

5. Labyrinth Lake (48º 14'N., 79º 31'W.).

6. Raven Lake (48º 03'N., 79º 33'W.).

Restrictions on Sport fishing Licences

4. A validation tag may authorize the holder to engage in sport fishing only during the period specified on the tag.

5. (1) The Minister may issue a fishing outdoors card or a temporary fishing outdoors card mentioned in paragraph 1 of subsection 2 (2) to,

(a) a resident;

(b) a Canadian resident; or

(c) a non-Canadian resident.

(2) Despite subsection 64 (1) of the Act, the Minister may issue a fishing outdoors card or a temporary fishing outdoors card to a non-Canadian resident who is under 16 years of age.

6. (1) The holder of a fishing outdoors card or a temporary fishing outdoors card who ceases to be a resident or Canadian resident shall not use that card to obtain a validation tag or an e-licence for which the holder is not eligible as a result of the change of residency.

(2) Not later than 10 days after the change occurs, the holder of a fishing outdoors card or temporary fishing outdoors card shall notify the Minister of any change in name, contact information or residency.

7. (1) A person shall not apply for or possess more than one fishing outdoors card, whether regular or temporary if they have different card numbers.

(2) A person may possess more than one fishing outdoors card if the cards bear the same number.

8. (1) The Minister may issue a one-day resident or Canadian resident sport fishing licence to a resident or a Canadian resident.

(2) The Minister may issue a one-day non-Canadian resident sport fishing licence to a non-Canadian resident.

(3) A one-day resident or Canadian resident sport fishing licence and a one-day non-Canadian resident sport fishing licence are valid only for the day specified on the licence.

9. The Minister may issue a promotional sport fishing licence for a duration of no more than three days to a resident or a Canadian resident and that licence shall be deemed to be a conservation fishing licence for the purposes of the Ontario Fishery Regulations, 2007.

10. The Minister may issue a non-Canadian resident sport fishing licence for a member of an organized camp to a non-Canadian resident who is under 18 years of age if the person is a member of an organized camp and if at least five members of the organized camp apply for the licence.

11. A person fishing under a document that is deemed to be a sport fishing licence under subsection 2 (3) or section 3 shall carry it while fishing.

12. A person fishing under a birth certificate that is deemed to be a sport fishing licence under paragraph 4 of subsection 2 (3) shall be accompanied by another person while sport fishing.

13. A non-Canadian resident who is under 18 years of age and who is fishing with the holder of a sport fishing licence shall be deemed to hold a sport fishing licence but one limited to fishing under the authority of the licence holder.

14. (1) A sport fishing licence issued to a non-Canadian resident is not valid for sport fishing in Lake St. Joseph, located at latitude 51° 05'N and longitude 90° 35'W as described and outlined in black on the map filed in the office of the Director of the Fish and Wildlife Branch of the Ministry, unless a tag authorizing it is attached to the reverse side of the licence.

(2) A holder of a sport fishing licence issued to a non-Canadian resident shall not take fish in excess of the conservation catch and possession limits set out under the Ontario Fishery Regulations, 2007 if the licence holder is camping on Crown land located in,

(a) fisheries management zone 2, 4 or 6; or

(b) fisheries management zone 5, except in the area designated as Part 1 on a plan known as Regulation Plan of the Border Waters Area in Fisheries Management Zone 5 filed on June 7, 2007 with the Office of the Surveyor General of Ontario in the Ministry.

2. The heading immediately before section 16 and subsection 16 (1) of the Regulation are revoked and the following substituted:

(1) A sport fishing licence is not valid for catching and retaining lake trout taken by angling from any of the following waters of Lake of the Woods unless the licence holder has been issued a tag authorizing it:

1. Echo Bay (49° 39'N., 94° 50'W.).

2. Clearwater Bay (49° 42'N., 94° 45'W.), including Deception Bay (49° 42'N., 94° 48'W.), Woodchuck Bay (49° 41'N., 94° 52'W.) and Kendal Inlet (49° 44'N., 94° 39'W.).

3. Cul de Sac Lake (49° 38'N., 94° 50'W.).

3. Section 18 of the Regulation is revoked.

4. This Regulation comes into force on January 1, 2009.