Fish and Wildlife Conservation Act, 1997

PART I INTERPRETATION AND APPLICATION

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”) “big game” means black bear, woodland caribou, white-tailed deer, American elk or moose; (“gros gibier”) “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 mâchoires”) “buy or sell” includes lease, barter or trade for consideration, offer to buy, sell, leas…

2 If a provision of this Act and a provision of the Species Conservation Act, 2025 conflict with respect to an animal, invertebrate or fish, the provision that gives the animal, invertebrate or fish the most protection prevails to the extent of the conflict. 2025, c. 11, Sched. 11, s. 2 (1). Section Amendments with date in force (d/m/y) 2007, c. 6, s. 60 (1) - 30/06/2008 2025, c. 11, Sched. 11, s. 2 (1) - 30/03/2026

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.

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

5 (1) A person shall not hunt or trap specially protected wildlife or any bird that belongs to a species that is wild by nature and is not a game bird. 2009, c. 33, Sched. 22, s. 2 (5). Exceptions (2) Subsection (1) 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 authoriza…

6 (1) Except under the authority of a licence and in accordance with the regulations, a person shall not hunt or trap, (a) big game; (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. 1997, c. 41, s. 6 (1); 2009, c. 33, Sched. 22, s. 2 (7). Trappers (2) Despite the requirement in subsection (1) 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, (a) to the extent that the open season falls within the period from September 1 in a year to June 30 of …

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. 1997, c. 41, s. 7 (1). 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. 1997, c. 41, s. 7 (2). Same (3) Subsection (1) does not apply to a person who destroys, takes or possesses the nest or eggs of a bird described in that subsection, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 2. 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 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 2 - 20/06/2012 Dens, beaver dams, et…

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.

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.

10 (1) A person shall not, (a) enter premises in contravention of the Trespass to Property Act or the Security from Trespass and Protecting Food Safety Act, 2020 for the purpose of hunting or fishing; (b) enter premises in contravention of the Trespass to Property Act or the Security from Trespass and Protecting Food Safety Act, 2020 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. 1997, c. 41, s. 10 (1); 2023, c. 9, Sched. 14, s. 2. Notice under…

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…

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.

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

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.

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. Firearms, careless use and injuries

16 (1) A person who is in possession of a firearm for the purpose of hunting, trapping or fishing 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. 1997, c. 41, s. 16 (1); 2017, c. 2, Sched. 14, s. 6 (1). 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, trapping or fishing. 1997, c. 41, s. 16 (2). 2017, c. 2, Sched. 14, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 6 (1, 2) - 22/03/2017

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 conveyance or discharge a firearm from a conveyance, except if, (i) the conveyance is a boat that is not a motorboat, or (ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act, 1994 (Canada); (b), (c) Repealed: 2009, c. 33, Sched. 22, s. 2 (10). (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. 1997, c. 41, s. 17 (1); 2009, c. 33, Sched.…

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.

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.

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.

21 (1) A person shall not kill, capture or injure big game by means of a trap, baited line or similar device. 2009, c. 33, Sched. 22, s. 2 (12). 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. 1997, c. 41, s. 21 (2). 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 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (12) - 15/12/2009

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.

23 A person shall not hunt big game while it is swimming. 2009, c. 33, Sched. 22, s. 2 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (13) - 15/12/2009 Vehicles, boats and aircraft, use for hunting, etc.

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.

25 (1) A person shall not use or be accompanied by a dog while hunting big game, except under the authority of a licence issued in respect of that dog and in accordance with the regulations. 2009, c. 33, Sched. 22, s. 2 (14); 2012, c. 8, Sched. 16, s. 4 (1). Prescribed areas (2) Despite subsection (1), a person shall not use or be accompanied by a dog while hunting a species of big game in an area prescribed by the regulations. 2009, c. 33, Sched. 22, s. 2 (14). Exception (2.1) Despite subsections (1) and (2), a person may use or be accompanied by a dog while hunting big game without a licence issued in respect of the dog if he or she does so in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 4 (2). 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 a species …

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.

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.

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

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.

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

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. 1997, c. 41, s. 31 (1). 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. 1997, c. 41, s. 31 (2). Exceptions (3) Subsection (1) does not apply to, (a) a moose or woodland caribou; or (b) a white-tailed deer, an American elk or other wildlife prescribed by the regulations, unless the person harasses, captures or kills the wildlife in accordance with the authorization of the Minister or in the circumstances prescribed by the regulations. (c) Rep…

Hunting and Fishing 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 licenc…

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.

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.

35 (1) A person shall not own or operate a train and trial area except under the authority of a licence and in accordance with the regulations. 2023, c. 9, Sched. 14, s. 3. Licence issuance (2) A licence may only be issued under subsection (1) in the following circumstances: 1. A licence may be issued to a person who owned or operated a train and trial area pursuant to a licence issued under the regulations in 2023. 2. A licence may be issued to a person who, during the application period described in subsection (3), submits an application to establish a new train and trial area. 3. A licence may be issued to any person to operate a train and trial area, if the area was previously subject to a licence issued under paragraph 1 or 2. 2023, c. 9, Sched. 14, s. 3. Application period (3) For the purposes of paragraph 2 of subsection (2), there shall be a one-time application period, only in 2…

Miscellaneous Abandoned and spoiled meat, pelts, etc.

36 (1) A hunter or trapper who kills game wildlife other than a furbearing mammal shall not abandon it if its flesh may become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18). Spoiled flesh (2) A person who possesses game wildlife that is not a furbearing mammal and that was hunted or trapped shall not permit its flesh to become unsuitable for human consumption. 2009, c. 33, Sched. 22, s. 2 (18). Exception (2.1) Subsections (1) and (2) do not apply to a person in respect of double-crested cormorant in the circumstances prescribed by the regulations. 2019, c. 15, Sched. 13, s. 1. 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. 1997, c. 41, s. 36 (3). Exceptions (4) Subsection (3) does not apply in the circumstances prescribed by the regulations. 1997, c. 41,…

37 (1) Except under the authority of a licence, a person shall not possess a commercial fish net. 2009, c. 33, Sched. 22, s. 2 (19). Sale (2) A person shall not sell a commercial fish net except to a person who is authorized to possess it. 2009, c. 33, Sched. 22, s. 2 (19). Exception (3) Subsection (1) does not apply in the circumstances prescribed by the regulations. 1997, c. 41, s. 37 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (19) - 15/12/2009

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.

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

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. 1997, c. 41, s. 40 (1). Exceptions (2) Despite subsection (1), the following persons may keep live game wildlife or live specially protected wildlife in captivity without a licence: 1. A person who keeps game amphibians or game reptiles in captivity for the purpose of personal consumption. 2. A person who keeps in captivity for the purposes of personal education a single game reptile, game amphibian, specially protected mammal, specially protected reptile, specially protected amphibian or specially protected invertebrate, unless it belongs to a species that is listed on, i. the Protected Species in Ontario List under the Species Conservation Act, 2025, or ii. the List of Wildlife Species at Risk under the Speci…

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.

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.

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.

44 (1) In this section, “wildlife custodian” means a person who may, under subsection (2), keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them. 1997, c. 41, s. 44 (1); 2012, c. 8, Sched. 16, s. 6 (1). Rehabilitation and care (2) A person may keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them only if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 6 (2). No remuneration (3) A wildlife custodian is not entitled to any remuneration from the Minister. 1997, c. 41, s. 44 (3). Wildlife not capable of release (4) A wildlife custodian may kill injured, sick or immature game wildlife or specially protect…

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. 1997, c. 41, s. 45 (1). Exceptions (2) Despite subsection (1), a person may, without a licence, propagate or offer to propagate game wildlife or specially protected wildlife, or possess it for the purpose of propagation, if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 7. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 7 - 20/06/2012

46 (1) A person shall not release a farmed animal and shall not release game wildlife or specially protected wildlife that is kept in captivity unless the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 8 (1). 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. 1997, c. 41, s. 46 (2). 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 or in circumstances not permitted under subsection (1), 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…

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.

47.1 (1) If the Minister believes that a wildlife disease has been detected or is reasonably believed to be present in Ontario or in another jurisdiction and there is a risk it could enter Ontario, the Minister may by order establish a wildlife disease control and surveillance zone, if the Minister is of the opinion that, (a) the wildlife disease may have serious adverse impacts on wildlife populations or serious adverse ecological, social or economic impacts in Ontario; and (b) the order may assist in controlling or eradicating the wildlife disease, minimizing its impacts in Ontario or reducing the risk of the wildlife disease entering Ontario. 2019, c. 14, Sched. 15, s. 40. Contents of order (2) The Minister’s order under subsection (1) shall, (a) identify the area to which it applies; (b) specify the class or species of wildlife to which it applies; (c) specify the wildlife disease fo…

47.2 The Minister may authorize a person or class of persons to carry out activities otherwise prohibited by this Act to assist in controlling or eradicating a wildlife disease, minimizing its impacts in Ontario or reducing the risk of a wildlife disease entering Ontario. 2019, c. 14, Sched. 15, s. 40. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 40 - 10/12/2019

PART IV SALE, PURCHASE AND TRANSPORT

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. 1…

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.

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.

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.

52 (1) A person shall not list game wildlife, specially protected wildlife or fish on a menu, or charge for serving it. 1997, c. 41, s. 52 (1); 2012, c. 8, Sched. 16, s. 9 (1). 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 (2). Same (3) Despite subsection (1), a person may list game wildlife or fish on a menu, or charge for serving it, if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 9 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 9 (1, 2) - 20/06/2012

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.

54 (1) 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. 1997, c. 41, s. 54 (1); 2012, c. 8, Sched. 16, s. 10 (1). Exceptions (1.1) Despite subsection (1), a person may release wildlife or an invertebrate that has been transported into Ontario or has been propagated from stock that was transported into Ontario if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 10 (2). Escape of imports (2) A person who possesses wildlife or an invertebrate referred to in subsection (1) shall ensure that it does not escape. 1997, c. 41, s. 54 (2). Same (3) If, despite subsection (1) or (2), wildlife or an invertebrate referred to in subsection (1) escapes or is released without aut…

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. 1997, c. 41, s. 55 (1). Farmed animal pelts (2) Subsection (1) applies to the pelts of farmed animals that are furbearing mammals. 1997, c. 41, s. 55 (2). 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 (3). Exceptions (4) Despite subsection (1), a person may, without a licence or permit required by the regulations, transport out of Ontario game wildlife or specially protected wildlife referred to in subsection (1) if the person does so in the circumstances pres…

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.

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

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.

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

60 The Minister may issue licences for the purposes of, (a) this Act; and (b) the Ontario Fishery Regulations. 1997, c. 41, s. 60.

60.1 (1) In addition to the authority given to the Minister to delegate powers to an employee of the Ministry under section 7 of the Ministry of Natural Resources Act, the Minister may delegate the following powers to a person or body prescribed by the regulations: (a) the power to issue licences under section 60; and (b) any power granted to the Minister under this Act to authorize an activity that would otherwise be prohibited under this Act, other than an authorization to issue licences under section 61. 2012, c. 8, Sched. 16, s. 12. Limitation on delegation (2) A delegation under subsection (1) shall only be made in the circumstances prescribed by the regulations and shall be subject to the limitations prescribed by the regulations. 2012, c. 8, Sched. 16, s. 12. Conditions (3) If the Minister delegates the power to issue licences or to authorize an activity to a person or body under …

61 (1) The Minister may authorize a person to issue licences on the Minister’s behalf. 1997, c. 41, s. 61 (1). 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. 1997, c. 41, s. 61 (2). Limitation (2.1) For greater certainty, an authorization to issue licences given to a person under this section shall not authorize the person to impose any conditions on a licence other than those authorized or required by the Minister. 2012, c. 8, Sched. 16, s. 13. 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 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sche…

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…

62.1 (1) The Minister may amend a licence or authorization, (a) with the consent of the holder of the licence or authorization; or (b) without the consent of the holder of the licence or authorization if the Minister is of the opinion that the amendment is reasonably necessary for the conservation or management of wildlife or fish. 2020, c. 34, Sched. 5, s. 1. Exception (2) Subsection (1) does not authorize an amendment of the prescribed conditions to which a licence is subject under subsection 62 (1). 2020, c. 34, Sched. 5, s. 1. Notice of amendment (3) The Minister shall give a notice of the amendment to the holder of the licence or authorization in accordance with subsection (4). 2020, c. 34, Sched. 5, s. 1. Methods of giving notice (4) The notice of amendment shall be, (a) delivered personally; (b) sent by mail addressed to the holder of the licence or authorization at the holder’s l…

63 (1) A person shall not hold more than one licence to hunt any one species of big game. 2009, c. 33, Sched. 22, s. 2 (20). Licence to trap furbearing mammals (2) Despite subsection (1), a person who is authorized to hunt or trap black bear under subsection 6 (2) may also hold a licence to hunt black bear. 1997, c. 41, s. 63 (2); 2009, c. 33, Sched. 22, s. 2 (21). Exception (3) Subsection (1) does not apply in the circumstances prescribed by the regulations. 1997, c. 41, s. 63 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (20, 21) - 15/12/2009

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.

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

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.

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.

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.

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.

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.

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.

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.

72.1 (1) The Minister may refuse to issue to a person who is in default of the payment of a fine imposed for an offence under this Act or the Fisheries Act (Canada) any licence under this Act or any component of a licence under this Act, until the fine is paid. 2017, c. 2, Sched. 14, s. 9. Fine no longer in default (2) On the request of the Minister, the person who has defaulted shall provide evidence that the fine in default has been paid in full. 2017, c. 2, Sched. 14, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 9 - 22/03/2017

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.

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.

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.

76 (1) A notice served by the Minister under section 72, 73, 74 or 75 shall be served, (a) personally; (b) by mail addressed to the person to be served at the person’s last known address; or (c) by any other method prescribed by the regulations. 2017, c. 2, Sched. 14, s. 10. When notice deemed served (2) A notice is deemed to have been served, (a) if it is served personally, on the day it is served; (b) if it is served by mail, 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; or (c) if it is served by a method prescribed by the regulations, on the day prescribed by the regulations. 2017, c. 2, Sched. 14, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 10 - 22/03/20…

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. Designation of hearing officer (2) If the Minister receives a request for a hearing in accordance with subsection (1), the Minister shall designate a person as a hearing officer to hold the hearing. 2017, c. 2, Sched. 14, s. 11. 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 heari…