GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Migratory Birds Regulations, 2022 — 5
Prohibitions 5 (1) A person must not engage in any of the following activities unless they have a permit that authorizes them to do so or they are authorized by these Regulations to do so: (a) capture, kill, take, injure or harass a migratory bird or attempt to do so; (b) destroy, take or disturb an egg; and (c) damage, destroy, remove or disturb a nest, nest shelter, eider duck shelter or duck box. Exceptions (2) However, the following may be damaged, destroyed, removed or disturbed without a permit: (a) a nest shelter, eider duck shelter or duck box that does not contain a live bird or a viable egg; (b) a nest that was built by a species that is not listed in a Table to Schedule 1 if that nest does not contain a live bird or a viable egg; and (c) a nest that was built by a species that is listed in a Table to Schedule 1 if the following conditions are met: (i) the person who damages, destroys, removes or disturbs that nest provided a written notice to the Minister a number of months beforehand that corresponds to the number of months set out in column 3 of the relevant Table to that Schedule for the species, and (ii) the nest has not been used by migratory birds since the notice was received by the Minister.
Migratory Birds Regulations, 2022 — 6
Prohibition — baiting 6 (1) A person must not deposit bait in an area set out in Schedule 3 during the period beginning 14 days before the first day of the first open season after July 1 of a calendar year for the area and ending on the last day of the last open season before July 1 of the following year for that area. Exception — authorization (2) Despite subsection (1), a person may deposit bait in a place if, at least 30 days prior to depositing the bait, they (a) obtain, with respect to a given period, the consent in writing of (i) every landowner, lessee, tenant and occupant whose land is located within 400 m of that place, (ii) the Minister, and (iii) the chief provincial wildlife officer or a provincial game officer who is authorized by that chief provincial wildlife officer to give the consent; and (b) post at locations that are 400 m from the place bait is deposited signs whose type and wording comply with the Minister’s instructions. Exception — banding (3) Despite subsections (1) and (2), a holder of a scientific permit may, at any time and in any place, deposit bait for the purpose of banding birds. Exception — other scientific purposes (4) Despite subsections (1) and (2), a holder of a scientific permit or their nominee may, at any time, deposit bait within the confined location specified in the permit, for scientific purposes other than banding. Sign (5) A person who engages in baiting in accordance with subsection (3) or (4) must post a sign at the place where bait is deposited that is of a type and wording specified in the permit and that indicates the number of the scientific permit.
Migratory Birds Regulations, 2022 — 7
Lure crop and lure station areas 7 (1) A person must not enter a lure crop area or a lure station area unless authorized in writing by the chief provincial wildlife officer or the Minister. Prohibition on hunting (2) A person must not hunt a migratory game bird in a lure crop area or a lure station area unless the area has been declared open for hunting by the chief provincial wildlife officer or the Minister.
Migratory Birds Regulations, 2022 — 8
Signs related to prohibited activities 8 (1) A person must not destroy, damage, alter or remove a sign whose purpose is to prevent an activity referred to in subsection 5 (1) and that is lawfully erected by or under the authority of the Minister or a game officer. Signs related to bait (2) A person must not destroy, damage, alter or remove a sign that has been placed in accordance with paragraph 6 (2)(b) or subparagraph 61 (2)(d)(i) or 62 (2)(d)(i) or that designates a lure crop area or a lure station area.
Migratory Birds Regulations, 2022 — 9
Foreign species 9 A person must not introduce into Canada for the purpose of sport, acclimatization or release from captivity a species of migratory bird that is not indigenous to Canada except with the consent in writing of the Minister.
Migratory Birds Regulations, 2022 — 10
Possession of birds and nests 10 (1) A person may have in their possession, for the purpose of shipping, a migratory bird that was killed, captured or taken in accordance with these Regulations or a nest that was removed in accordance with these Regulations. Shipping of birds and nests (2) A person who has in their possession a migratory bird or a nest under subsection (1) must ensure that it is packaged and that the exterior of the package is clearly marked with (a) the number of any permit under which the bird was killed, captured or taken or the nest was removed; (b) the full name and contact information of the permit holder and of the current owner of the bird or nest; and (c) an accurate statement of the contents of the package.
Migratory Birds Regulations, 2022 — 11
Possession without permit 11 (1) A person may, without a permit, temporarily have in their possession (a) a migratory bird that is found dead, for the purpose of disposing of it according to applicable law, delivering it to a lab for analysis as soon as the circumstances permit or analyzing it in a lab; (b) an injured migratory bird, for the purpose of delivering it as soon as the circumstances permit to the holder of a scientific permit referred to in section 75 that was issued for the purpose of rehabilitation; and (c) an uninjured migratory bird that faces an immediate threat to its life, for the purpose of temporarily providing assistance to it. Non-application to eggs (2) Subsection (1) does not apply to eggs.
Migratory Birds Regulations, 2022 — 12
Issuance by Minister 12 (1) The Minister may issue the following permits: (a) a migratory game bird hunting permit referred to in section 30 ; (b) the following damage or danger permits: (i) a scaring or killing permit referred to in section 65 , (ii) an egg or nest destruction permit referred to in section 70 , (iii) a relocation permit referred to in section 71 ; and (c) an airport permit referred to in section 72 ; (d) a scientific permit referred to in section 75 ; (e) an aviculture permit referred to in section 76 ; (f) a taxidermist permit referred to in section 77 ; (g) an eiderdown commerce permit referred to in section 80 ; and (h) a charity permit referred to in section 82 . Application for permit (2) A person who applies for a permit referred to in subsection (1) must (a) subject to subsection 32 (1), pay the fee set out in column 2 of Schedule 2 for that permit, if any; and (b) provide the Minister with all the information that the Minister may require respecting the purpose for which the permit is to be used.
Migratory Birds Regulations, 2022 — 13
Conditions 13 (1) The Minister may set out in a permit conditions respecting (a) the species of migratory birds the permitted activity relates to and the periods of time and the areas in which the permitted activity can take place; (b) the care, release, scaring, capture, killing or disposal of migratory birds; (c) the taking, relocation, handling and disposal of eggs; (d) the removal, relocation, handling and disposal of nests; and (e) the maintenance of records and provision of information to the Minister with respect to activities conducted in accordance with the permit. Gift of migratory bird (2) Every permit is subject to the condition that the holder must not give away a migratory bird that is obtained under the permit and that is of a species listed in Schedule 1 to the Species at Risk Act unless the Minister indicates on the permit that such a gift is authorized. Use of feathers (3) Every permit is subject to the condition that the holder must not do the following with migratory bird feathers obtained under the permit: (a) sell or exchange them for ornamental use or hat-making; or (b) give them for ornamental use or hat-making unless the recipient of the gift may exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 to use the feather in that way.
Migratory Birds Regulations, 2022 — 14
Invalidity 14 No permit is valid (a) in the case of permits other than migratory game bird hunting permits, if it is not signed by the individual to whom it is issued or, if it is not issued to an individual, by a representative of the person to whom it is issued; (b) after it is cancelled or during the period it is suspended, unless it is reissued in accordance with subsection 15 (3); or (c) if it expires in accordance with section 16 or 33. SOR/2022-147, s. 1
Migratory Birds Regulations, 2022 — 15
Powers of the Minister — permits 15 (1) The Minister may (a) refuse to issue a permit to any person; (b) cancel a permit if the Minister has reasonable cause to believe that the person to whom it was issued has provided false, misleading or incomplete information to the Minister or failed to comply with any condition of the permit; or (c) cancel, amend or suspend any permit for the purposes of the conservation or propagation of migratory birds. Notice (2) A cancellation, amendment or suspension of a permit under paragraph (1)(c) is effected by sending a written notice to the person to whom the permit was issued that includes the reasons for the decision. Cancellation, amendment or suspension of permit (3) A permit that is cancelled, amended or suspended under paragraph (1)(c) must be reissued (a) if the circumstances which led to the cancellation, amendment or suspension are rectified; or (b) if the person to whom the permit was issued is not provided with the opportunity to be heard within 30 days after the date of the cancellation, amendment or suspension.
Migratory Birds Regulations, 2022 — 16
Expiry 16 Every permit, other than a migratory game bird hunting permit referred to in section 30 , expires on the expiry date set out in the permit or, if a permit does not contain an expiry date, on December 31 of the year in which it was issued.
Migratory Birds Regulations, 2022 — 17
Reports 17 Every person to whom a permit was issued and who is required by these Regulations to submit a report to the Minister must, except as otherwise provided in these Regulations, submit that report within 30 days of the day on which the permit expires.
Migratory Birds Regulations, 2022 — 18
Gift of feathers — permit 18 (1) Subject to paragraph 13 (3)(b), a person who has in their possession migratory bird feathers, other than eiderdown, under a permit may give those feathers to another person for educational, social, cultural or spiritual purposes. Possession (2) A recipient of a gift of feathers that were obtained under subsection (1) has the right to have the feathers in their possession.
Migratory Birds Regulations, 2022 — 19
Periods or limits 19 (1) If the Minister considers it necessary for the conservation of migratory game birds or murres, the Minister may take one or more of the following measures to vary the application of these Regulations in an area referred to in Schedule 3: (a) alter open seasons, daily bag limits, or possession limits in the area; and (b) prohibit hunting of a species of migratory game bird or murre in the area. Restriction — varying section 21 (2) However, the Minister must not use the power referred to in subsection (1) to require that individuals exercising a right referred to in section 21 hunt only during an open season, to impose a daily bag limit or possession limit on those individuals or to prohibit them from hunting a species of migratory game bird or murre unless using the power with respect to the holders of the migratory game bird hunting permits referred to in section 30 is insufficient to achieve the conservation of those migratory game birds or murres. Power with respect to section 52 (3) If the Minister exercises the power referred to in subsection (1) in accordance with subsection (2), the Minister may vary the application of section 52 to have it also apply to migratory game birds or murres killed or taken as an exercise of a right referred to in section 21 . Notice (4) If the Minister uses the power referred to in subsection (1) or (3), the Minister must post a notice that describes the way the application of these Regulations is varied on a Government of Canada website. Duration (5) The application of these Regulations is varied during the period beginning on the day on which the notice is posted and ending on July 31 next following that day or on any earlier date fixed by the Minister. Prohibition (6) If the Minister has altered the open season, the daily bag limit or the possession limit in accordance with paragraph (1)(a), a person must not, during the period referred to in subsection (5), as the case may be, (a) hunt except during the open season established by the Minister; (b) kill or take, in any one day, a number of migratory game birds or murres of any species or group of species that exceeds the daily bag limit established by the Minister; or (c) have in their possession a number of migratory game birds or murres of any species or group of species in excess of the possession limit established by the Minister. Prohibition — hunting in an area (7) If the Minister has prohibited the hunting of a species of migratory game bird or murre in an area in accordance with paragraph (1)(b), a person must not hunt that species in that area during the period referred to in subsection (5).
Migratory Birds Regulations, 2022 — 20
Urgent action 20 (1) The Minister may vary or suspend the application of these Regulations in a given location if urgent action is needed and if the Minister considers it necessary for the conservation of migratory birds. Notice (2) The Minister must, on a Government of Canada website, post a notice indicating the ways in which the application of these Regulations is varied or suspended and the location in which their application is varied or suspended. Duration of suspension (3) The application of these Regulations is varied or suspended during the period beginning on the day on which the notice is posted until the first anniversary of that day or any earlier date fixed by the Minister.
Migratory Birds Regulations, 2022 — 21
Hunting and harvesting 21 (1) An individual exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 to hunt migratory birds and harvest their eggs may exercise those rights without a permit and without being subject to a limit as to open seasons, a daily bag limit or a possession limit. Inuvialuit (2) Beneficiaries of the Inuvialuit Final Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act may, within the Inuvialuit Settlement Region , as defined in section 2 of that Agreement, hunt migratory birds and harvest their eggs without a permit and without being subject to a limit as to open seasons, a daily bag limit or a possession limit. SOR/2024-129, s. 1
Migratory Birds Regulations, 2022 — 22
Right to exchange 22 (1) An individual exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 to exchange a migratory bird with another individual who may exercise such a right is authorized to do so. Gift for taxidermy, consumption or training (2) An individual who has in their possession a migratory game bird under a right recognized and affirmed by section 35 of the Constitution Act, 1982 may give it to another person for the purpose of taxidermy, human consumption (including for charitable purposes) or training dogs as retrievers. Gift to charity permit holder (3) However, the individual must preserve a migratory game bird before giving it to the holder of a charity permit. Possession (4) 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 — 23
Gift, sale or exchange of feathers 23 (1) An individual who has in their possession migratory bird feathers under a right recognized and affirmed by section 35 of the Constitution Act, 1982 may (a) give, sell or exchange those feathers for a functional purpose; and (b) give those feathers to another person for educational, social, cultural or spiritual purposes. Buying and possession (2) A person may (a) buy feathers that are sold in accordance with paragraph (1)(a) or exchange things for feathers that are exchanged in accordance with that paragraph; and (b) have in their possession any feathers obtained in accordance with subsection (1). Restriction (3) This section does not authorize giving, selling or exchanging feathers for ornamental or hat-making purposes, unless the person who obtains the feathers may exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 to use the feathers for such purposes.
Migratory Birds Regulations, 2022 — 24
Rights held by a collectivity 24 In these Regulations, a requirement to record the number of a permit under which an activity is authorized is, for an individual who is engaging in that activity as an exercise of a right referred to in section 21 or 22 , a requirement to record the name of the collectivity holding that right.
Migratory Birds Regulations, 2022 — 25
Scope 25 This Part applies to the hunting and subsequent possession of migratory game birds. Unless otherwise indicated, it does not apply to activities that are authorized by (a) a migratory game bird hunting permit referred to in section 30 and described in Part 3; or (b) permits other than a migratory game bird hunting permit.
Migratory Birds Regulations, 2022 — 26
Migratory game birds including murres 26 For the purposes of this Part, except as otherwise indicated, migratory game birds includes murres.
Migratory Birds Regulations, 2022 — 27
Unauthorized hunting 27 (1) A person must not hunt migratory game birds unless authorized by these Regulations. General hunting licence (2) Subject to the laws of the territory in which the hunt takes place, the holder of a general hunting licence referred to in the Wildlife Act of the Northwest Territories, S.N.W.T. 2013, c. 30, or the Wildlife Act of Nunavut, S.Nu. 2003, c. 26, as those Acts are amended from time to time, may, within the relevant territory, without a migratory game bird hunting permit, hunt migratory game birds and have in their possession the birds they have hunted.
Migratory Birds Regulations, 2022 — 28
Hunting out of season 28 (1) A person must not hunt a species of migratory game bird in an area referred to in Schedule 3 except during the period beginning on the first day of any open season for that area and that species and ending on the last day of that season. Open season on certain land (2) If column 4 of Table 1 or Table 2 of any Part of Schedule 3 indicates that an open season applies only on certain land in an area set out in column 1, a person must not hunt a species of migratory game bird set out in column 2 during the open season except on that land. Hours hunting is prohibited (3) A person must not hunt a migratory game bird (a) north of 60° north latitude during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day; or (b) south of 60° north latitude during the period commencing half an hour after sunset on any day and ending half an hour before sunrise on the next day unless otherwise specified in Schedule 3.
Migratory Birds Regulations, 2022 — 29
Restrictions with respect to Sandhill Cranes 29 If, in any calendar year, the Minister or chief provincial wildlife officer has reasonable cause to believe that Whooping Crane may be in any area in the province during the open season for Sandhill Crane in the area, the Minister or chief provincial wildlife officer may prohibit the hunting of Sandhill Crane in that area during the remainder of the calendar year.
Migratory Birds Regulations, 2022 — 30
Hunting for human consumption 30 (1) A migratory game bird hunting permit allows the holder to hunt, primarily for human consumption, migratory game birds other than eggs and to have in their possession the birds they hunted. Exception — murres (2) A migratory game bird hunting permit does not allow its holder to hunt a murre or to have one in their possession unless they are a resident of Newfoundland and Labrador, as defined in section 2 of the Wild Life Act of Newfoundland and Labrador, R.S.N.L. 1990, c. W-8.
Migratory Birds Regulations, 2022 — 31
Habitat conservation stamp 31 (1) A person must not hunt migratory game birds under a migratory game bird hunting permit unless a habitat conservation stamp that is authorized by the Minister appears on the permit. Fee for stamp (2) Subject to subsection 32 (1), a person who applies for a migratory game bird hunting permit set out in item 1, column 1, of Schedule 2 must also pay the fee for the habitat conservation stamp set out in item 9, column 2 of Schedule 2. Validity (3) The habitat conservation stamp is valid for the period of validity of the permit on which it appears.
Migratory Birds Regulations, 2022 — 32
Hunting by minors 32 (1) Minors may obtain a migratory game bird hunting permit set out in item 1, column 1, of Schedule 2 without paying the fee set out in column 2 and may obtain a habitat conservation stamp without paying the fee set out in item 9, column 2 of that Schedule. Must be accompanied (2) A minor who holds a permit referred to in subsection (1) must not hunt migratory game birds unless they are accompanied by an individual who (a) is the holder of a migratory game bird hunting permit; (b) has held such a permit in a previous year; and (c) is not a minor. Number of minors accompanied (3) The accompanying individual must not accompany at any one time more than two minors who hold a permit referred to in subsection (1).
Migratory Birds Regulations, 2022 — 33
Permit expiry 33 A migratory game bird hunting permit expires on June 30 following the date of issue.
Migratory Birds Regulations, 2022 — 34
Obligation to have permit on person 34 (1) The holder of a migratory game bird hunting permit must have the permit on their person while they are (a) hunting; or (b) in a place other than their primary or habitual residence and in possession of a migratory game bird that is not preserved, or any murre, that was hunted under the permit. Must show permit (2) The permit holder must show the permit to a game officer immediately on request.
Migratory Birds Regulations, 2022 — 35
Invalidity of permit after guilty finding 35 (1) Subject to any court order made under subsection 16(1) of the Act or a decision made by the Minister under section 18.22 of the Act, a migratory game bird hunting permit ceases to be valid when its holder is found guilty of an offence under the Act, other than an offence resulting from the contravention of (a) section 5.1 of the Act; (b) sections 9 or 34 , subsection 48 (2), section 78 , subsection 79 (1) or (2) or section 81 of these Regulations; or (c) the following provisions, if the offence is in respect of migratory birds or their eggs that are used for avicultural purposes: (i) section 5 of the Act, or (ii) paragraph 5 (1)(a) or subsection 76 (3), (4) or (7) of these Regulations. Prohibition — application for permit (2) Subject to any court order made under subsection 16(1) of the Act, a person who has been found guilty of an offence under the Act other than an offence referred to in paragraphs (1)(a) to (c) must not, during a 12-month period beginning on the day that guilty finding is made, apply for a migratory game bird hunting permit unless they have first obtained the Minister’s permission to do so.