GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Migratory Birds Regulations, 2022 — 62
Killing near cut crops in fall — Quebec 62 (1) The prohibition set out in section 36 applies to an individual who kills birds of an overabundant species of migratory game birds in Quebec unless (a) the bird is killed in an area referred to in column 1 of Table 2 of Part 5 of Schedule 3 for which killing using bait is set out in column 6; (b) the bait that has been deposited is crops that are cut and left on the ground; and (c) at least 30 days before the birds are killed, the Minister consented in writing to the killing of birds of that overabundant species within a radius of 400 m from the place where the bait has been deposited. Conditions (2) The Minister may give the consent referred to in paragraph (1)(c) 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 land within a radius of 400 m of the place where crops are cut and left on the ground in which those owners, lessees, tenants and occupants indicate that they are aware that hunting migratory game birds, other than birds of an overabundant species, is prohibited within the radius and give their consent to the killing of birds by hunting of an overabundant species within that radius during the period set out in the letters; (b) a map of the place where crops are cut and left on the ground that clearly indicates its location and dimensions; (c) the type of crop that is being cut and left on the ground; and (d) an undertaking in writing from the permit holder referred to in paragraph (a) that they will (i) ensure that, before birds are killed within that radius, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister, and (ii) 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, with a written report specifying the days on which birds were killed, the number of hunters involved and the number of birds of each species set out in column 2 of that Table that were killed on each day. Withdrawal of consent (3) The Minister may withdraw the consent if the permit holder fails to comply with the undertaking described in subparagraph (2)(d)(i).
Migratory Birds Regulations, 2022 — 63
Scaring birds 63 (1) Despite the prohibition on harassing a migratory bird set out in paragraph 5 (1)(a), a person may, without a permit, use equipment other than an aircraft or firearms to scare migratory birds that are causing or are likely to cause danger to human health or public safety or damage to agricultural, environmental or other interests. Provincial scaring permit (2) The chief provincial wildlife officer, with the concurrence of the Minister, may issue a permit to any resident of the province to use an aircraft or firearms, in a specified area and during a specified time, for the purpose of scaring migratory birds that are causing or likely to cause damage to crops or other property in the area.
Migratory Birds Regulations, 2022 — 64
Provincial killing permit 64 (1) If the chief provincial wildlife officer and the Minister are satisfied that scaring migratory birds is not a sufficient deterrent to prevent the birds from causing serious damage to crops or other property in a province, the chief provincial wildlife officer may issue a permit to any resident of the province to kill migratory birds of a specified species during a specified time and in a specified area. Possession (2) The holder of the permit referred to in subsection (1) may take and have in their possession migratory birds killed under its authority. Cancellation (3) The chief provincial wildlife officer may cancel a permit issued under subsection (1).
Migratory Birds Regulations, 2022 — 65
Federal scaring or killing permit 65 (1) The Minister may issue a scaring or killing permit only to a person who (a) owns, leases or manages a parcel of land; (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land; or (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land for public utilities or public infrastructure. Rights of permit holder and nominees (2) The permit describes the parcel of land and authorizes its holder and their nominees, within that parcel of land and subject to the conditions of the permit, to scare migratory birds with an aircraft or firearm or to kill them, if those birds are causing or are likely to cause danger to human health or public safety or damage to agricultural, environmental or other interests, and to take and have in their possession migratory birds killed under its authority. Nomination (3) The permit holder may nominate, from among the residents of the province in which the parcel of land described in the permit is situated, as many nominees as are specified in the permit. Requirement (4) A nomination by a permit holder must be in writing and the nominee must carry the nomination on their person at all times while they are performing the activities authorized by the permit. Obligations after expiry or cancellation (5) A person to whom a permit was issued must, within 15 days after its expiry or cancellation, (a) return it to the Minister; and (b) report to the Minister any information with respect to the birds killed under its authority that the Minister requires. Validity (6) In addition to the cases of invalidity set out in section 14 , a permit that was issued to prevent damage to a crop in the parcel of land described in the permit ceases to be valid when that crop is harvested. SOR/2023-149, s. 1
Migratory Birds Regulations, 2022 — 66
Fully feathered wing or head 66 (1) A person must not have in their possession a migratory bird that is not preserved and that was killed under a provincial killing permit that is referred to in section 64 or a scaring or killing permit that is referred to in section 65 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 migratory 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 — 67
Gift for consumption, taxidermy or training 67 (1) A permit referred to in section 64 or 65 allows its holder, subject to the conditions of the permit, to give a migratory game bird to a person for the purpose of human consumption (including for charitable purposes), taxidermy or training dogs as retrievers if (a) the bird was killed under the permit; and (b) the bird is of a species that may be hunted under a migratory game bird hunting permit in any area set out in column 1 of Table 1 or Table 2 of any Part of Schedule 3. Gift to charity permit holder (2) However, the holder of a permit referred to in subsection (1) must preserve a migratory game bird before giving it to the holder of a charity permit. Possession (3) Subject to the limit on the possession of unpreserved 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 — 68
Prohibition — giving without label 68 (1) A person who kills or takes a migratory bird under a permit referred to in section 64 or 65 must not give the migratory bird to a person other than the permit holder or a nominee referred to in subsection 65(3), unless it is labelled or preserved. Prohibition — unlabelled birds (2) A person must not have in their possession a migratory bird referred to in subsection (1) unless that person, or their nominee referred to in subsection 65 (3), killed that bird themselves or the bird is labelled or preserved. Labels on birds or groups (3) For the purpose 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 labelled in accordance with subsection (5). Label requirements (4) The label must (a) indicate (i) the full name and contact information of the permit holder, (ii) the date the bird was killed, and (iii) the number of the permit under which the bird was killed; and (b) be signed by the holder of the permit under which the bird was killed. Labelled package (5) Migratory 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 of subsection (4) in respect of each bird. Exception — labelling (6) This section does not apply if the migratory bird is given to a person who is registered as a dog trainer referred to in section 51 . SOR/2023-149, s. 2
Migratory Birds Regulations, 2022 — 69
Prohibition 69 (1) A holder of a permit referred to in section 64 or 65 must not do any of the following: (a) if the permit was issued to prevent damage to crops, shoot migratory birds elsewhere than on or over fields containing those crops; (b) discharge firearms within 50 m of any body of water; (c) use decoys or bird calls to attract migratory birds; or (d) use blinds or other concealment. Definition of decoy (2) For the purposes of subsection (1), a decoy includes an artificial bird or any device that imitates the colour, shape or size of a migratory bird and that may attract migratory birds.
Migratory Birds Regulations, 2022 — 70
Permit to destroy eggs or nests 70 (1) An egg or nest destruction permit allows its holder and their nominees named in the permit to take and destroy the eggs of the species of migratory birds specified in the permit and to remove and destroy the nests of the species of migratory birds specified in the permit in an area described in that permit and subject to the conditions of that permit, and to dispose of the eggs or nests in the manner provided in the permit. Conditions (2) The Minister may issue an egg or nest destruction permit only if the Minister has reason to believe that the destruction of the eggs or nests is necessary to reduce or prevent the danger that migratory birds are causing or are likely to cause to human health or to public safety or the damage they are causing or are likely to cause to agricultural, environmental or other interests. Eligible permit holder (3) An egg or nest destruction permit may be issued only to a person who (a) owns, leases or manages a parcel of land that is situated in the area described in the permit; (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land that is situated in that area; or (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land that is situated in that area for public utilities or public infrastructure. SOR/2023-149, s. 3
Migratory Birds Regulations, 2022 — 71
Relocation permit 71 (1) A relocation permit allows its holder or their nominees named in the permit to undertake activities for the purpose of relocating the migratory birds, eggs and nests described in the permit, in the manner set out in the permit and subject to the conditions of that permit, including (a) the capture of migratory birds, the taking of eggs and the removal of nests in an area described in the permit; (b) the transport of those migratory birds, eggs and nests to the other area described in the permit; and (c) the release of those migratory birds, and the placement of those eggs and nests, in that other area. Conditions (2) The Minister may issue a relocation permit only if the Minister has reason to believe that (a) the relocation of birds, eggs and nests is necessary to prevent or reduce (i) the danger that migratory birds are causing or are likely to cause to human health or to public safety in one or more areas, or (ii) the damage that migratory birds are causing or are likely to cause to the use of the land or to agricultural interests; and (b) other means are not sufficient to prevent or reduce the danger or damage. Eligible permit holder (3) A relocation permit may be issued only to a person who (a) owns, leases or manages a parcel of land that is situated in the area described in the permit from which the birds are captured, the eggs are taken or the nests are removed; (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land that is situated in that area; or (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land that is situated in that area for public utilities or public infrastructure. SOR/2023-149, s. 4
Migratory Birds Regulations, 2022 — 72
Airport permit 72 (1) An airport permit allows its holder or their nominee, subject to the conditions of the permit, to scare migratory birds with a firearm or aircraft or to kill and take them, if those birds are within the perimeter of an airport and that person considers them to be a danger to aircraft operating at the airport. Possession (2) The permit holder or their nominee must not have in their possession birds killed or taken under the permit except for the purpose of disposing of them in the manner described in the permit. Eligible permit holder (3) The permit may only be issued to the manager of a civilian airport or to the commanding officer of a military airport.
Migratory Birds Regulations, 2022 — 73
Prohibition 73 A holder of a permit referred to in section 64 , 65 or 72 must not use or have in their possession any shot other than non-toxic shot, as described in section 38 , for the purpose of scaring or killing birds in accordance with the permit.
Migratory Birds Regulations, 2022 — 74
Scope 74 This Part applies to the following permits: (a) scientific permits; (b) aviculture permits; (c) taxidermist permits; (d) eiderdown commerce permits; and (e) charity permits.
Migratory Birds Regulations, 2022 — 75
Scientific permit 75 (1) A scientific permit may be issued by the Minister to a person who acts with a scientific, rehabilitation or educational purpose if the Minister is of the opinion that that person has the skills required to perform the activities for which the permit is issued. Powers of permit holder (2) A holder of a scientific permit may, for scientific purposes, including banding, or for rehabilitation or educational purposes, do one or more of the following activities subject to the conditions of the permit, if the activity is listed on the permit: (a) capture, kill, injure or harass a migratory bird; (b) destroy, take or disturb an egg; (c) damage, destroy, remove or disturb a nest; (d) deposit bait in any place during the period referred to in subsection 6 (1), in accordance with subsections 6 (3) to (5); (e) exchange, give or have in their possession a migratory bird, egg or nest; and (f) if they are authorized to capture and band a migratory bird, take birds that are killed as a result of normal banding operations or that are found dead. Nominees (3) The Minister may (a) on the request of an applicant or a permit holder, add nominees to the permit; or (b) remove nominees from the permit. Rights of nominee (4) A nominee who is designated on the permit and who is acting on behalf of the permit holder may, for a purpose other than banding and subject to the conditions of the permit, engage in the activities that are referred to in subsection (2) and listed on the permit. Permit holder obligations (5) The holder of a scientific permit must, while performing the activities authorized by the permit, (a) have the permit on their person; and (b) show the permit to a game officer immediately on request. Nominee obligations (6) A nominee must, while performing any activity authorized by the permit, (a) have a copy of the permit on their person; and (b) show that copy to a game officer immediately on request. Records and information (7) The holder of a scientific permit must (a) immediately after capturing, killing or taking a migratory bird, destroying, taking or disturbing an egg or damaging, destroying, removing or disturbing a nest, record the exact number of such birds, eggs or nests and their species; and (b) record any additional information that the Minister requires. Report (8) A person to whom a scientific permit was issued must submit a report in writing to the Minister that contains the information recorded in accordance with subsection (7). Disposal (9) The holder of a scientific permit who takes a bird referred to in paragraph (2)(f) must dispose of it in accordance with the conditions of their permit.
Migratory Birds Regulations, 2022 — 77
Taxidermist permit 77 A taxidermist permit allows a taxidermist who is its holder, subject to the conditions of the permit, to have in their possession a migratory bird for the purpose of providing taxidermy services for profit.
Migratory Birds Regulations, 2022 — 78
Written statement 78 A taxidermist permit holder must not receive or accept a migratory bird for mounting unless the bird is accompanied by a statement in writing that is signed by the owner and indicates the owner’s full name and contact information, the permit number under which the bird was killed and the circumstances under which it was killed, including the date and the place.
Migratory Birds Regulations, 2022 — 79
Records 79 (1) A taxidermist permit holder must keep records showing, in respect of the migratory birds and eggs they have received, (a) the name of each species and the number of birds and eggs belonging to each species; (b) the date, place and other circumstances of the killing or taking of the birds and the taking of the eggs; (c) the date on which the birds and eggs were received; and (d) the full names and contact information of the owners of the birds and eggs, the permit numbers under which they were killed or taken and the persons from whom they were received by the taxidermist. Report (2) A person to whom a taxidermist permit is issued must submit an annual report to the Minister respecting the information referred to in subsection (1) or any other reports the Minister requires. Validity (3) In addition to the cases of invalidity set out in section 14 , no taxidermist permit is valid if the person to whom it was issued fails to meet the requirements of this section.
Migratory Birds Regulations, 2022 — 80
Eiderdown commerce permit 80 An eiderdown commerce permit allows its holder, subject to the conditions of the permit, to collect or sell eiderdown or to have it in their possession.
Migratory Birds Regulations, 2022 — 81
Obligation – leaving sufficient eiderdown 81 A person who has the right to collect eiderdown must leave sufficient eiderdown in each nest from which they collect it to protect eggs from predators or environmental chilling.
Migratory Birds Regulations, 2022 — 82
Charity permit 82 (1) A holder of a charity permit and any person nominated on the permit in accordance with subsection (2) may, subject to the conditions of the permit, serve preserved migratory game birds and murres at a charitable fundraising event related to migratory bird conservation or a soup kitchen, or give them to the clients of a food bank. Nominees (2) The Minister may (a) on the request of an applicant or a permit holder, add nominees to the permit; or (b) remove nominees from the permit. Fundraising (3) Any profits made from serving migratory game birds or murres at a fundraising event must be used to protect or conserve wildlife. Permit holder obligations (4) The person to whom a charity permit is issued must (a) keep records of the number of each species of preserved migratory game birds and murres received in each calendar year, the full name and contact information of the individual who took each migratory game bird or murre and the number of the permit under which it was killed; and (b) if the preserved migratory game bird or murre was served as part of a charitable fundraising dinner, maintain until the first anniversary of the fundraiser records of all expenditures and revenues of the event and the manner in which the profits were used.
Migratory Birds Regulations, 2022 — 91
91 The Migratory Birds Regulations 6 are repealed. 6 C.R.C., c. 1035
Migratory Birds Regulations, 2022 — 92
July 30, 2022 92 These Regulations come into force on July 30, 2022, but if they are registered after that day, they come into force on the day on which they are registered.
Migratory Birds Regulations, 2022 — 1
euve ) Northern Labrador Zone means the portion of Labrador lying north of latitude 54°24′N and east of longitude 65°W. ( Zone nord du Labrador ) Northwestern Coastal Newfoundland Zone means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line drawn due west from Cape St. Gregory, and from there northward and eastward along the coast, ending in a boundary line drawn due northeast through Cape Bauld. ( Zone côtière du nord-ouest de Terre-Neuve ) Southern Coastal Newfoundland Zone means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line drawn due west through Cape Ray, and from there southward and eastward along the coast, ending at a line drawn due south through Cape Rosey. ( Zone côtière du sud de Terre-Neuve ) Southern Labrador Zone means the portion of Labrador lying south of latitude 53°06′N (Boulter Rock) and east of longitude 57°06′40″W. ( Zone sud du Labrador ) Southwestern Coastal Newfoundland Zone means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a line drawn due west from Cape St. Gregory, and from there southward along the coast, ending in a boundary line drawn due west through Cape Ray. ( Zone côtière du sud-ouest de Terre-Neuve ) Western Labrador Zone means the portion of Labrador lying west of longitude 65°W. ( Zone ouest du Labrador )
Migratory Birds Regulations, 2022 — Migratory Birds Regulations, 2022
Avalon-Burin Coastal Newfoundland Zone means the portion of the coast of the Island of Newfoundland, and of the adjacent offshore islands, lying less than 100 m from the mean ordinary high-water mark and the adjacent marine coastal waters, bounded by a straight line drawn due south from Cape Rosey, and from there in a generally easterly and northerly direction along the coast, ending at a boundary line drawn due northeast from Cape Bonavista. ( Zone côtière d’Avalon-Burin de Terre-Neuve )
Migratory Birds Regulations, 2022 — Migratory Birds Regulations, 2022
Central Labrador Zone means the portion of Labrador that is not within the Northern Labrador Zone, the Western Labrador Zone or the Southern Labrador Zone. ( Zone centre du Labrador )
Migratory Birds Regulations, 2022 — Migratory Birds Regulations, 2022
Inland Newfoundland Zone means the portion of the Island of Newfoundland, and of the adjacent offshore islands, that is not within the Northwestern Coastal Newfoundland Zone, the Northern Coastal Newfoundland Zone, the Southern Coastal Newfoundland Zone, the Southwestern Coastal Newfoundland Zone, the Northeastern Coastal Newfoundland Zone or the Avalon-Burin Coastal Newfoundland Zone. ( Zone intérieure de Terre-Neuve )
Migratory Birds Regulations, 2022 — Migratory Birds Regulations, 2022
Murre Zone No. 1 means the coastal waters in the Northern Labrador Zone and the Central Labrador Zone. ( Zone de guillemots n o 1 )