GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Migratory Birds Regulations, 2022 — 36
Prohibition – hunting where baiting has occurred 36 (1) A person must not hunt for migratory game birds within a radius of 400 m from any place where bait has been deposited unless the place has been free of bait for at least seven days or the bait was deposited in accordance with subsection 6 (3) or (4) or an aviculture permit. Clarification (2) For the purpose of subsection (1), the following areas are not considered areas where bait has been deposited: (a) an area of standing crops, whether or not it is flooded; (b) an area of harvested cropland that is flooded; (c) an area where crops have been harvested and placed in upright sheaves for drying in a field where they grew; and (d) an area where grain is scattered solely as a result of normal agricultural or harvesting operations.
Migratory Birds Regulations, 2022 — 37
Authorized weapons 37 (1) A person must not hunt migratory game birds except with (a) a bow that has a minimum draw weight of 18 kg and an arrow with a broadhead that has at least two sharp blades and is a minimum of 22 mm wide; (b) a crossbow that has a minimum draw weight of 45 kg and a bolt with a broadhead that has at least two sharp blades and is a minimum of 22 mm wide; or (c) a shotgun not larger than number 10 gauge that either (i) is designed to be capable of holding no more than three cartridges, or (ii) has had its capacity reduced to three cartridges in the magazine and chamber combined, by means of the cutting off or the altering or plugging of the magazine with a one-piece metal, plastic or wood filler that cannot be removed unless the gun is disassembled. Prohibition — cartridges and detachable magazine (2) A person must not, while hunting migratory game birds, have in their possession in the hunting area (a) a shotgun that is holding more than three cartridges; or (b) a detachable magazine capable of holding more than two cartridges. Prohibition — possession of shotguns (3) A person must not, while hunting migratory game birds, have in their possession in the hunting area (a) more than one shotgun, unless each additional shotgun is unloaded and either disassembled or kept in a closed case; or (b) a shotgun other than one referred to in paragraph (1)(c). Prohibition — single projectile (4) A person must not hunt a migratory game bird using a shotgun loaded with a cartridge containing a single projectile. Exception (5) Despite subsection (1), paragraph (3)(b) and subsection (4), a person may, in the following circumstances, hunt a migratory game bird using a rifle of a calibre of not more than 0.22 inches or a shotgun loaded with a cartridge containing a single projectile and have such a rifle or shotgun in their possession in the hunting area: (a) the migratory game bird is hunted in a location that is in the Northwest Territories by a resident of that territory who may hunt migratory game birds in that location without a migratory game bird hunting permit referred to in section 30 ; or (b) the migratory game bird is hunted in a location that is in Quebec and north of 50° north latitude by a resident of that province who may hunt migratory game birds in that location without a migratory game bird hunting permit referred to in section 30 .
Migratory Birds Regulations, 2022 — 38
Non-toxic shot 38 (1) A person must not hunt a migratory game bird (a) while having in their possession in the hunting area shot other than non-toxic shot; or (b) using shot other than non-toxic shot. Exception for certain species (2) Subsection (1) does not apply to hunting American Woodcock, Band-tailed Pigeon, Murres or Eurasian Collared-Dove. Exception — Mourning Dove (3) Subsection (1) does not apply to hunting Mourning Dove in British Columbia. Definition — non-toxic shot (4) For the purpose of this section, non-toxic shot means any shot composed, by weight, of (a) up to 100% iron, tungsten, tin or bismuth, alone or in any combination of those substances; (b) not more than 45% copper; (c) not more than 40% nickel; (d) not more than 7% Nylon 6, Nylon 11 or ethylene methacrylic acid copolymer, alone or any combination of those substances; and (e) not more than 1% all other substances combined.
Migratory Birds Regulations, 2022 — 39
Prohibition — birds and electronic bird calls 39 (1) A person must not hunt a migratory game bird using (a) live birds, including non-migratory birds; or (b) electronic bird calls, except in an area that is set out in column 1 of Table 2 in the relevant Part of Schedule 3 for which the use of an electronic bird call is set out in column 6. Exception — use of raptors (2) Despite paragraph (1)(a), migratory game birds may be hunted using raptors in any area of a province that is designated by the province as an area in which a person may hunt using raptors.
Migratory Birds Regulations, 2022 — 40
Prohibition — aircraft and motorized land vehicles 40 (1) Subject to subsection (2), a person must not hunt a migratory game bird from or using an aircraft or a motorized land vehicle. Exception — mobility-impaired person (2) However, a mobility-impaired person is permitted to hunt from an aircraft or motorized land vehicle if they are stationary. Definition — mobility-impaired person (3) For the purpose of subsection (2), a mobility-impaired person is an individual who (a) if the hunting occurs in a province with laws allowing mobility-impaired persons to hunt from a stationary vehicle, is authorized to do so under those laws; or (b) if the province has no such laws, holds a medical certificate that (i) is signed by a medical practitioner lawfully entitled to practise medicine in any province, (ii) attests that the individual’s mobility impairment is due to a condition that is not temporary and that severely limits the use of their legs, including being paraplegic, being hemiplegic, being dependent on a wheelchair to move about, having prostheses on both legs or having a leg amputated above the knee, and (iii) attests that the medical practitioner has no medical reason to believe that the individual is incapable of competently operating the weapon that they use to hunt.
Migratory Birds Regulations, 2022 — 41
Prohibition — moving boats 41 (1) Subject to subsection (2), a person must not hunt a migratory game bird from or using a moving boat that is equipped with a motor or a sail. Exception — murres (2) An individual who is authorized to hunt murres may do so from any moving boat. Clarification — retrieval (3) For greater certainty, subsection (1) does not apply to the retrieval of a migratory game bird once it is legally killed or wounded. Moving (4) For the purpose of this section, a boat is considered to be moving if it continues to move because of motion that was imparted by its motor or its sails.
Migratory Birds Regulations, 2022 — 42
Means for retrieval 42 (1) A person must not hunt migratory game birds unless they have adequate means at their immediate disposal for retrieving any such bird that they kill or injure. Prompt retrieval of killed bird (2) An individual who kills a migratory game bird must ensure that the bird is retrieved as soon as the circumstances permit. Prompt retrieval of wounded bird (3) An individual who wounds a migratory game bird must ensure that the bird is killed and retrieved as soon as the circumstances permit.
Migratory Birds Regulations, 2022 — 43
Prohibition 43 (1) Subject to subsection (2), a person must not in any area kill or take, in any one day, a number of migratory game birds of any species or group of species that exceeds the daily bag limit in that area for that species or group of species as set out in column 5 of Table 1 or, if applicable, of Table 2 of any Part of Schedule 3. Hunting in multiple areas (2) For an individual who hunts in more than one area set out in Table 1 or, if applicable, in Table 2 of one or more Parts of Schedule 3 in a single day, the limit in subsection (1) is the highest daily bag limit of all of the areas in which the individual hunts on that day. Birds found dead or wounded (3) For the purpose of subsection (1), a bird that is found dead and taken or found wounded, killed and taken must be included in the daily bag limit of the migratory game bird hunting permit holder who accepts to keep it, whether or not that permit holder hunted that bird.
Migratory Birds Regulations, 2022 — 44
Prohibition — daily bag limit reached 44 A person must not hunt migratory game birds of a given species once they have, on any given day, killed or taken the number of birds of that species or group of species that is referred to in section 43 .
Migratory Birds Regulations, 2022 — 45
Fully-feathered wing or head 45 A migratory game bird that is eviscerated and plucked in accordance with paragraph (a) of the definition preserved in subsection 1 (1) must continue to have a fully feathered wing or the fully feathered head attached until the migratory game bird is being frozen, made into sausage, cooked, dried, canned or smoked as described in that paragraph.
Migratory Birds Regulations, 2022 — 46
Possession limit 46 (1) Subject to subsection (3), a person must not have in their possession in any area at any time, a number of migratory game birds of a given species or group of species that were killed or taken under a migratory game bird hunting permit and that are not preserved that is in excess of the possession limit for that area and the species or group of species set out in column 3 of Table 1 or, if applicable, of Table 2 of any Part of Schedule 3. Possession limit for murres (2) A person must not have in their possession in any area at any time, a number of murres that were killed or taken under a migratory game bird hunting permit that is in excess of the possession limit for murres for that area. Exception — multiple areas (3) For an individual who has in their possession migratory game birds that are not preserved, or any murres, that were hunted in one or more areas set out in Table 1 or, if applicable, in Table 2 of one or more Parts of Schedule 3, other than the one in which the individual is located, the possession limit that applies for the purposes of subsection (1) or (2) is the greater of the possession limit for the area in which the birds were hunted and the possession limit for the area in which the individual is located. Birds from other provinces (4) Subsection (3) does not apply to an individual who hunted in an area that is in a province other than the one in which they are located unless they have on their person proof that they are authorized to hunt under provincial law in the area where the bird was hunted. Gift of birds (5) For the purposes of subsection (1) or (2), a migratory game bird that is not preserved, or any murre, that is given is counted towards the possession limit of the recipient of the gift once they accept it.
Migratory Birds Regulations, 2022 — 47
No longer counted 47 A migratory game bird is no longer counted towards an individual’s possession limit referred to in subsection 46 (1) or (2) when they (a) give it to another person, if the gift is accepted in accordance with subsection 46 (5); or (b) in the case of a migratory bird that is not a murre, preserve it.
Migratory Birds Regulations, 2022 — 48
Temporary third-party possession 48 (1) Any person may temporarily have in their possession a migratory game bird on behalf of the owner. Exception (2) However, a person must not temporarily have in their possession a migratory game bird for the purpose of performing taxidermy for profit unless they hold a taxidermist permit.
Migratory Birds Regulations, 2022 — 49
Murre or unpreserved game bird 49 (1) For the purposes of section 46 , a migratory game bird that is not preserved, or any murre, that is possessed under subsection 48 (1) counts towards the owner’s possession limit, and not towards the possession limit of the person who temporarily has it in their possession. Restriction respecting murres (2) The number of unpreserved murres that belong to other persons that a person temporarily has in their possession must not be greater than twice the daily bag limit referred to in section 43 .
Migratory Birds Regulations, 2022 — 50
Prohibition — transfer of possession 50 (1) A person who kills or takes a migratory game bird must not allow it to enter the possession, including the temporary possession, of another person unless it is labelled or preserved. Labelling obligation of possessor (2) A person who has in their possession a migratory game bird that is not preserved and that was taken under a migratory game bird hunting permit referred to in section 30 or as an exercise of a right referred to in section 21 must ensure that it is labelled unless that person took that bird themselves. Exception (3) Subsections (1) and (2) do not apply if the bird was killed or taken by an individual who is exercising a right referred to in section 21 and the recipient may also exercise such a right. Individual or group labelling (4) For the purposes of subsections (1) and (2), a bird is considered to be labelled if a label is attached to it or if it is a part of a group of birds labelled in accordance with subsection (6). Label requirements (5) The label must (a) indicate (i) the full name and contact information of the individual who took the bird, (ii) the date the bird was taken, and (iii) the number of the migratory game bird hunting permit under which the bird was taken; and (b) be signed by the individual who took the bird. Group labelling (6) Migratory game birds may be labelled as a group by packaging unlabelled birds in a package that is labelled or that contains a labelled bird, if the label satisfies the requirements set out in subsection (5) in respect of each bird.
Migratory Birds Regulations, 2022 — 51
Training retriever dogs 51 (1) Section 46 does not apply to a person who is registered as a dog trainer with the Minister and who has in their possession migratory game birds, other than murres, for the purpose of training dogs as retrievers. However, the person must not have in their possession more than 200 migratory game birds that are not preserved and that were taken under a right recognized and affirmed by section 35 of the Constitution Act, 1982 , a migratory game bird hunting permit referred to in section 30 , a provincial killing permit that is referred to in section 64 or a scaring or killing permit that is referred to in section 65 . Exception — species at risk (2) However, the registered person must not have in their possession a migratory game bird that is of a species listed in Schedule 1 to the Species at Risk Act . Location of storage (3) The registered person must store the migratory game birds in the location specified to the Minister at the time of registration, except when they are being used for dog training. Expiry (4) The registration expires on July 31 next following the date of registration. Records (5) A registered person must keep records showing, in respect of the dead migratory game birds in their possession, (a) the name of each species and the number of birds belonging to each species; and (b) the full name and contact information of the individual who took each migratory game bird and the number of the permit under which it was taken. Exception — labelling (6) Subsection 50 (1) does not apply in respect of a gift to a registered person and subsection 50 (2) does not apply to such a person.
Migratory Birds Regulations, 2022 — 52
Fully feathered wing or head 52 (1) A person must not have in their possession or transport a migratory game bird that is not preserved and that was killed or taken under a migratory game bird hunting permit referred to in section 30 unless at least one fully feathered wing or the fully feathered head is attached to the bird to allow its species to be identified. Identification of species (2) The possessor or transporter of the migratory game birds referred to in subsection (1) must store them in a manner which allows each bird to be counted and its species to be identified.
Migratory Birds Regulations, 2022 — 53
Feathers 53 (1) The holder of a migratory game bird hunting permit may give, sell or exchange the feathers of a migratory game bird that they have in their possession under that permit for a functional purpose. Buying and possession (2) Any person may (a) buy feathers that are sold in accordance with subsection (1) or exchange things for feathers that are exchanged in accordance with that subsection; and (b) have in their possession any feathers obtained in accordance with subsection (1).
Migratory Birds Regulations, 2022 — 54
Gift for taxidermy, consumption or training 54 (1) An individual who hunts a migratory game bird under a migratory game bird hunting permit may give the bird to another person for the purpose of taxidermy, human consumption (including for charitable purposes) or training dogs as retrievers. Gift to charity permit holder (2) However, the individual must preserve a migratory game bird before giving it to the holder of a charity permit. Possession (3) Subject to the limits on the possession of migratory game birds set out in section 46 or subsection 51 (1) the recipient of such a gift has the right to have it in their possession.
Migratory Birds Regulations, 2022 — 55
Prohibition — abandoning 55 (1) A person who has in their possession a migratory game bird whose meat is fit for human consumption must not allow the meat (a) subject to subsection 9(4) of the Act, to be abandoned; or (b) to become inedible for humans. Gift (2) Subsection (1) applies to a person who offers to give the migratory game bird to another person until that gift is accepted by that other person. Exception (3) Subsection (1) does not apply in respect of a migratory game bird that is used for taxidermy or for training dogs as retrievers.
Migratory Birds Regulations, 2022 — 56
Private conveyance 56 Sections 10 and 50 do not apply to an individual who is transporting a migratory game bird on board a private conveyance if the bird was hunted legally by an individual who is in the private conveyance.
Migratory Birds Regulations, 2022 — 57
Definition of resident 57 For the purposes of this Part, resident means, in relation to a province, an individual whose primary or habitual residence is in that province.
Migratory Birds Regulations, 2022 — 58
Scope 58 This Part applies to the management of migratory birds for the purpose of reducing the danger that they are causing or are likely to cause to human health or public safety or the damage they are causing or are likely to cause to agricultural, environmental or other interests.
Migratory Birds Regulations, 2022 — 59
Permit 59 (1) A migratory game bird hunting permit referred to in section 30 allows the permit holder to kill, take and have in their possession birds of an overabundant species, but not the eggs of such birds. Areas and periods (2) Subsection (1) only permits birds to be killed in the areas set out in column 1 of Table 2 of any Part of Schedule 3 and during the open seasons set out in column 4.
Migratory Birds Regulations, 2022 — 60
Part 2 provisions that apply 60 (1) Sections 28 , 31 , 32 , 34 , 38 and 42 to 56 apply to an individual who kills a bird of an overabundant species. Methods and equipment (2) Subject to sections 61 and 62 , the prohibitions on hunting methods and equipment set out in sections 36 , 37 and 39 to 41 apply to an individual who kills a bird of an overabundant species, unless the bird is killed in an area set out in column 1 of Table 2 in the appropriate Part of Schedule 3 during an open season set out in column 4 for which that hunting method or equipment is set out in column 6. Hunting using electronic calls (3) Despite section 39 , an individual who is attempting to kill birds of an overabundant species using electronic bird calls of that species set out in column 6 of Table 2 of the appropriate Part of Schedule 3 during the open season set out in column 4 may, in an area set out in column 1, hunt migratory game birds of a species of migratory game birds that is not overabundant for which it is the open season.
Migratory Birds Regulations, 2022 — 61
Depositing bait in spring — Quebec 61 (1) The prohibition on hunting using bait set out in section 36 applies to an individual who kills migratory game birds of an overabundant species, unless the killing takes place on a parcel of land in an area of Quebec set out in column 1 of Table 2 of Part 5 of Schedule 3 for which the method and equipment set out in column 6 indicate that killing using bait is permitted during the open season set out in column 4 and, at least 30 days before the bait is deposited, the Minister consents in writing to the depositing of bait and the killing of birds of an overabundant species as set out in column 2 on that parcel of land. Conditions (2) The Minister may give the consent referred to in subsection (1) if the Minister is provided with the following documents and information: (a) letters of agreement, signed by the holder of a migratory game bird hunting permit and by the owners, lessees, tenants and occupants of the parcel of land on which the bait is to be deposited, in which those owners, lessees, tenants and occupants give their consent to the killing of birds by hunting on the parcel of land during the period set out in the letters and to the depositing of bait on the parcel of land for that purpose; (b) a map of the parcel of land that clearly indicates its location and dimensions and the places where bait is to be deposited; (c) information that specifies the type of crop that is being or was most recently grown on the parcel of land, if any; and (d) an undertaking in writing from the permit holder referred to in paragraph (a) that they will (i) ensure that, before bait is deposited on the parcel of land, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister, (ii) ensure that at least 1 000 kg of bait is deposited on the parcel of land, and (iii) provide the Minister, within 21 days after the end of the open season set out in column 4 of Table 2 of Part 5 of Schedule 3 during which the killing took place, with a written report specifying the days on which the killing took place, the number of migratory game bird hunting permit holders involved and the number of birds of each species set out in column 2 that were killed on each day. Withdrawal of consent (3) The Minister may withdraw the consent if the permit holder fails to comply with an undertaking described in subparagraph (2)(d)(i) or (ii).