ontario regulation 171/13

made under the

Fish and Wildlife Conservation Act, 1997

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


Amending O. Reg. 665/98

(HUNTING)

1. Section 28 of Ontario Regulation 665/98 is revoked.

2. Subsection 29 (1) of the Regulation is revoked and the following substituted:

(1) A resident or non-resident small game licence authorizes the licence holder to hunt,

(a) game birds, other than wild turkey;

(b) game birds including wild turkey on a game bird hunting preserve;

(c) game mammals other than big game;

(d) furbearing mammals other than badger, beaver, bobcat, fisher, lynx, marten, mink, muskrat, otter, polar bear, red squirrel or wolverine; and

(e) wildlife that may be hunted under clauses 6 (1) (g) and (h) of the Act.

3. Sections 80 and 81 of the Regulation are revoked and the following substituted:

80. (1) Subject to subsection (3), a person described in subsection (2) is exempt from subsection 20 (1) of the Act for the purpose of hunting raccoon at night and may, while hunting raccoon at night,

(a) have a loaded and un-encased firearm in his or her possession in an area usually inhabited by raccoon, subject to subsection (4); and

(b) shine a light, subject to subsection (5).

(2) The following are the persons to whom subsection (1) applies:

1. The holder of a resident small game licence.

2. The holder of a trapping licence hunting in the area described in his or her licence.

(3) A person described in subsection (2) may carry out the activities described in subsection (1) only if the person is accompanied by a dog licensed for the purpose of hunting.

(4) The only firearm that a person may keep loaded and un-encased under clause (1) (a) is a .22-calibre rim-fire rifle chambered for cartridges known as a .22 short, .22 long or .22 long rifle but it shall be kept unloaded and encased while in a vehicle or boat.

(5) A person may not shine a light while hunting raccoon at night if the light is attached to, or shone from, a vehicle or boat.

4. Section 86 of the Regulation is revoked and the following substituted:

86. (1) For the purposes of subsection 25 (1) of the Act, a person may use or be accompanied by a dog while hunting big game if a licence has been issued in respect of that dog and subject to the rules set out in this section.

(2) A person shall not use or be accompanied by a dog when hunting elk.

(3) For the purposes of subsection 25 (2) of the Act, the following areas are prescribed as areas where a person shall not use or be accompanied by a dog while hunting deer or moose:

1. In the case of hunting deer, during the periods and in the areas specified in the following items of Table 5 of Ontario Regulation 670/98 (Open Seasons — Wildlife):

i. Those items for which the class of firearm is 1, 4, 5 or 6.

ii. Items 29, 39, 40, 42, 43, 43.1.1, 43.1.2, 43.2, 43.3, 47, 65, 67, 68, 72, 73, 74 and 76.

2. In the case of hunting moose, during the periods and in the areas specified in Items 1.1 and 1.2 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife).

(4) Despite subsections (2) and (3), in any part of Ontario described in subsection (5), a person may use a dog to search for an elk, moose or deer that has already been lawfully wounded in the hunt if,

(a) a licence has been issued in respect of the dog for the purpose of hunting;

(b) the dog is kept on a leash that has a maximum length of 10 metres; and

(c) the dog is under the physical control of the person.

(5) Subsection (4) applies in the following parts of Ontario:

1. With respect to the hunting of elk, any part of Ontario in which a person may hunt elk under the Act.

2. With respect to the hunting of deer or moose, an area described in subsection (3).

5. Section 87 of the Regulation is revoked.

6. Section 89 of the Regulation is revoked and the following substituted:

89. (1) The holder of a small game licence may, outside of the open season, pursue, chase and search for,

(a) raccoon at night;

(b) red fox during the day; and

(c) coyote and wolf during the day, except in those areas set out in subsection (6).

(2) Despite subsection 29 (3), the holder of a non-resident small game licence may, during the open season, pursue, chase and search for raccoon at night.

(3) Any person conducting activities under subsection (1) or (2) shall not,

(a) use or carry a firearm; or

(b) kill or capture wildlife.

(4) The holder of a small game licence who is pursuing, chasing or searching for raccoon at night in circumstances permitted under subsection (1) or (2) shall be accompanied by a dog that is licensed for the purpose of hunting.

(5) The holder of a small game licence who is pursuing, chasing or searching for red fox, coyote or wolf during the day outside of the open season shall be accompanied by a dog.

(6) A person shall not pursue, chase or search for coyote or wolf during the day in the areas set out in Item 5 of Table 6 of Ontario Regulation 670/98 (Open Seasons — Wildlife).

7. Subsection 132 (1) of the Regulation is amended by adding the following paragraph:

6. Persons who hold a valid class H1 outdoors card issued under this Regulation, for purposes of killing or harassing the wildlife but not capturing it.

8. Part XVIII of the Regulation is amended by adding the following sections:

133.1 (1) Subsection 7 (1) of the Act does not apply to a person who destroys, takes or possesses the nest or eggs of a bird that belongs to a species that is wild by nature while carrying out one of the following activities:

1. A renewable energy project in accordance with a renewable energy approval under Part V.0.1 of the Environmental Protection Act.

2. Activities required to maintain an electricity transmission or distribution line within the transmission or distribution corridor or to maintain a telecommunications line or a broadcast tower, subject to subsection (2).

3. Forest operations in accordance with the applicable forest management plan approved under the Crown Forest Sustainability Act, 1994.

(2) A person who carries out an activity described in paragraph 2 of subsection (1) is, pursuant to subsection (1), exempt from subsection 7 (1) of the Act only if the nest or egg that is destroyed, taken or possessed created a risk to the function of the electricity transmission or distribution line or to the telecommunications line or broadcast tower.

133.2 (1) Clauses 11 (1) (b) and (d) of the Act do not apply to a municipality that hires or employs a person to hunt or trap furbearing mammals within the boundaries of the municipality.

(2) Clause 11 (1) (a) of the Act does not apply to a person who is hired or employed by a municipality to hunt furbearing mammals within the boundaries of the municipality if,

(a) the person holds a valid hunting licence for the furbearing mammal he or she is hunting; and

(b) the person is hunting in accordance with the terms and conditions of the licence.

(3) For greater certainty, nothing in this section authorizes a person to pay or accept a bounty contrary to clause 11 (1) (e) of the Act.

. . . . .

135.1 (1) A person is exempt from subsection 52 (1) of the Act for the purpose of listing game wildlife or fish on a menu, and charging for serving it, if all of the following conditions are met:

1. The game wildlife or fish is,

i. lawfully obtained under a valid hunting, trapping or fishing licence, and

ii. donated for use at an event described in paragraph 2.

2. The game wildlife or fish is served at an event hosted by the person for a charitable purpose and all profits from the event are used for that charitable purpose.

3. At least five days before the event is held, the person gives notice of the event in writing to the medical officer of health for the health unit in which the event is held and the notice includes,

i. the name of the person holding the event, and

ii. the date and location of the event.

(2) For a period of one year after the event referred to in paragraph 2 of subsection (1) is held, the person who hosted the event shall,

(a) maintain records of,

(i) all expenditures and revenues of the event, and

(ii) the manner in which the profits were used for the charitable purpose; and

(b) within seven days of receiving a request from a conservation officer, provide copies of any records maintained under clause (a) to the conservation officer.

(3) In subsection (1),

“charitable purpose” means,

(a) conservation or other efforts to protect or conserve wildlife, fish or their habitats; or

(b) any other purpose beneficial to the community.

9. Part XVIII of the Regulation is amended by adding the following section:

135.2 For the purposes of clause 54 (1.1) (b) of the Act, the following persons may release chukar partridges or ring-necked pheasants that have been imported into Ontario or propagated from stock imported into Ontario if the release is done for the purpose of hunting and in the following circumstances:

1. The holder of a small game licence who owns or occupies property may release,

i. a maximum of 10 chukar partridges on the property during a calendar year, and

ii. a maximum of 10 ring-necked pheasants on the property during the open season for the species set out in Table 7 of Ontario Regulation 670/98 (Open Seasons — Wildlife).

2. A municipality may release ring-necked pheasants if,

i. the municipality, with the authorization of the Minister, passed a by-law under subsection 79 (1) of the Act for the issuance of licences to hunt ring-necked pheasants, and

ii. the pheasants are released only during the open season for ring-necked pheasants set out in Table 7 of Ontario Regulation 670/98 (Open Seasons — Wildlife), or during the two weeks preceding that open season.

3. A person who holds a licence to own or operate a game bird hunting preserve may release chukar partridges or ring-necked pheasants during the time period for which the licence is valid and in the areas to which the licence applies.

4. A person who holds an authorization to conduct dog training and field trials during the closed season under section 26 of the Act may release chukar partridges or ring-necked pheasants during the time period for which the authorization is valid and in the areas to which the authorization applies.

Commencement

10. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2013 and the day it is filed.

(2) Sections 3, 5, 6 and 9 come into force on January 1, 2014.