jswizzle3737/ontario_laws_and_regs huggingface dataset:
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 last known address; or (c) given by any other method prescribed by the regulations. 2020, c. 34, Sched. 5, s. 1. Receipt of notice (5) The notice of amendment is deemed to have been received by the holder of the licence or authorization, (a) if it is delivered personally, on the day it is received; (b) if it is sent by mail, on the fifth day after mailing, unless the holder of the licence or authorization establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice until a later date; or (c) if it is given by a method prescribed by the regulations, on the day prescribed by the regulations. 2020, c. 34, Sched. 5, s. 1. Effective date (6) The amendment takes effect on the day the notice of amendment is deemed to be received under subsection (5). 2020, c. 34, Sched. 5, s. 1. Proof of amendment (7) The holder of a licence or authorization who receives a notice of amendment shall attach the notice to the licence or authorization or otherwise keep the notice with the licence or authorization. 2020, c. 34, Sched. 5, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 34, Sched. 5, s. 1 - 08/12/2020
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 - 22/03/2017
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 hearing officer shall issue a report to the Minister, that contains, (a) a summary of the evidence presented at the hearing; (b) the hearing officer’s opinion, having regard to what is reasonably necessary for the conservation and management of wildlife or fish, on the merits of refusing or cancelling the licence or on the merits of the conditions imposed on the licence, as the case may be; and (c) the reasons for the hearing officer’s opinion. Minister’s decision (7) After considering the hearing officer’s report, the Minister may, as the case may be, (a) confirm the refusal to issue the licence or decide to issue the licence; (b) confirm the conditions imposed on the licence or decide to remove or amend the conditions; or (c) carry out or refrain from carrying out the proposal to cancel the licence.  1997, c. 41, s. 77. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 11 - 22/03/2017
78 (1) The Minister may cancel a licence if an error was made in issuing it. No compensation (2) The licensee has no right to compensation with respect to the cancellation of a licence under this section.  1997, c. 41, s. 78. 78.1 Section Amendments with date in force (d/m/y) 2005, c. 16, s. 41
- see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2015
79 (1) A municipality may, with the authorization of the Minister, pass by-laws for issuing licences to hunt ring-necked pheasants, cottontails, varying hares and European hares in the municipality during the open season, for fixing the minimum and maximum number of licences that may be issued under a by-law and for charging such licence fees as the Minister may authorize. Minimum number of licences (2) The Minister may require that the minimum number of licences fixed by a by-law be not less than a number fixed by the Minister. Prohibition (3) Subject to subsection (5), if a by-law is passed under subsection (1), a person shall not hunt ring-necked pheasants, cottontails, varying hares or European hares in the municipality during the open season without a licence issued by the municipality. Requirement for Minister’s licence (4) Subsection (3) applies in addition to section 6. Limited authorization (5) The Minister may exempt from an authorization under subsection (1) any Crown land or any land in respect of which an agreement has been entered into under subsection 81 (3). Repeal of by-law (6) The Minister may authorize a municipality to repeal a by-law passed under subsection (1) and the repealing by-law may provide for the refund, in whole or in part, of licence fees paid under the repealed by-law.  1997, c. 41, s. 79. PART VII 
ADMINISTRATION
80 The Minister is responsible for the administration of this Act.  1997, c. 41, s. 80.
81 (1) Land may be acquired under the Ministry of Infrastructure Act, 2011 for the purpose of the conservation or management of wildlife or fish populations or the ecosystems of which those populations are a part.  1997, c. 41, s. 81 (1); 2011, c. 9, Sched. 27, s. 26 (1). Gifts (2) The Minister may, on behalf of the Crown in right of Ontario, accept gifts for the purpose mentioned in subsection (1).  1997, c. 41, s. 81 (2). Agreements (3) The Minister or the Minister of Infrastructure may enter into agreements for the purpose mentioned in subsection (1).  1997, c. 41, s. 81 (3); 2011, c. 9, Sched. 27, s. 26 (2). Registration (4) An agreement under subsection (3) that relates to land may be registered in the proper land registry office and, during the term of the agreement, is binding on any person who acquires an interest in the land after the registration.  1997, c. 41, s. 81 (4). Section Amendments with date in force (d/m/y) 2011, c. 9, Sched. 27, s. 26 (1, 2) - 06/06/2011 Documents
82 (1) Subject to the regulations, the Minister may establish the form or format of any licence, authorization or other document issued under this Act, including the components of the licence, authorization or other document. 1997, c. 41, s. 82 (1). Submission (2) Subject to the regulations, the Minister may establish the form or format of any document submitted under this Act, and a person who submits the document shall do so in the form or format established by the Minister. 1997, c. 41, s. 82 (2). False statements (3) A person shall not make a false or misleading statement in an application for a licence or authorization or in any document or data required to be created, kept or submitted under this Act or the regulations. 2023, c. 9, Sched. 14, s. 4. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 14, s. 4 - 08/06/2023
83 (1) The Minister may, (a) establish and charge fees for any licence, document, examination or other thing required under this Act; (b) establish and charge fees for, (i) the use of Crown land or land acquired under section 81 for the purpose of hunting, fishing, the propagation of wildlife or invertebrates, aquaculture, or the retention of wildlife, invertebrates or fish, or (ii) the use of facilities, equipment, services or other things provided by the Ministry relating to wildlife, invertebrates or fish; and (c) charge royalties established in accordance with the regulations. Refund (2) The Minister may direct the refund of all or part of a fee or royalty if, in the Minister’s opinion, it is equitable to do so. Payment required (3) A person shall pay any fees or royalties charged by the Minister under this Act.  1997, c. 41, s. 83.
84 The Minister may sell products and services relating to wildlife, invertebrates or fish.  1997, c. 41, s. 84.
85 (1) All amounts received by the Crown under this Act shall be held in a separate account in the Consolidated Revenue Fund, including all fines, fees and royalties paid under this Act and all proceeds from sales under this Act, including sales of things forfeited to the Crown under this Act. Money in account (2) Money standing to the credit of the separate account is, for the purpose of the Financial Administration Act, money paid to Ontario for a special purpose. Payments out of account (3) The Minister may direct that money be paid out of the separate account to the Minister or a person specified by the Minister if, (a) the payment will be used for the conservation or management of wildlife or fish populations or the ecosystems of which those populations are a part; (b) the payment will be used for a matter related to the activities of people as they interact with or affect wildlife or fish populations, including any matter related to safety; or (c) the payment will be used to refund all or part of a fee or royalty under subsection 83 (2). Annual report (4) The Minister shall ensure that a report is prepared annually on the financial affairs of the separate account, including a summary of advice received from any advisory committee established by the Minister relating to the operation of the separate account. Tabling of report (5) The Minister shall submit the report to the Lieutenant Governor in Council and shall table the report in the Legislative Assembly.  1997, c. 41, s. 85. PART VIII 
ENFORCEMENT
86 A reference in this Part to wildlife includes a reference to farmed animals.  1997, c. 41, s. 86.
87 (1) The Minister may appoint a person or class of persons as conservation officers for the purposes of this Act. 1997, c. 41, s. 87 (1). Same (2) The following persons are conservation officers for the purposes of this Act by virtue of their office: 1. A police officer or First Nations Constable appointed under the Police Services Act. Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 1 of subsection 87 (2) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 4, s. 19) 1. A police officer or First Nation Officer appointed under the Community Safety and Policing Act, 2019. 2. A member of the Royal Canadian Mounted Police. 3. A game officer designated under the Migratory Birds Convention Act, 1994 (Canada). 4. A park warden designated under the Canada National Parks Act, if he or she is acting under the direction of a conservation officer appointed under subsection (1). 5. A person whose primary employment responsibility is the enforcement of fish and wildlife laws in Manitoba, Quebec, Michigan, Minnesota, New York, Ohio, Pennsylvania or Wisconsin, if he or she is acting under the direction of a conservation officer appointed under subsection (1). 1997, c. 41, s. 87 (2); 2017, c. 2, Sched. 14, s. 12. Production of identification (3) A conservation officer who is acting under this Part shall, on request, produce identification. 1997, c. 41, s. 87 (3). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 12 - 22/03/2017 2018, c. 3, Sched. 5, s. 21 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 19 - not in force
88 For the purpose of this Act or the regulations, a conservation officer may inspect a firearm or ammunition in an area usually inhabited by wildlife, on a road leading to or from an area usually inhabited by wildlife or on the waters adjacent to an area usually inhabited by wildlife.  1997, c. 41, s. 88.
89 (1) A conservation officer may stop a conveyance if he or she has reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations.  2009, c. 33, Sched. 22, s. 2 (22). Operator to stop (2) On the conservation officer’s signal to stop, the operator of the conveyance shall immediately stop and produce for inspection any wildlife, invertebrate, fish, document or other thing requested by the officer for the purpose of this Act.  1997, c. 41, s. 89 (2); 2009, c. 33, Sched. 22, s. 2 (23). Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) intermittent flashes of red light or red and blue light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a boat; and (c) a hand signal to stop, in the case of a vehicle or boat.  1997, c. 41, s. 89 (3); 2023, c. 9, Sched. 14, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (22, 23) - 15/12/2009 2023, c. 9, Sched. 14, s. 5 - 08/06/2023
91 (1) A conservation officer may obtain a search warrant under Part VIII of the Provincial Offences Act. Searches without warrant (2) If a conservation officer believes on reasonable grounds that there is in a building or other place any thing that will afford evidence of an offence under this Act but that the time required to obtain a search warrant would lead to the loss, removal or destruction of the evidence, the conservation officer may, without a search warrant, enter and search the building or other place. Dwellings (3) Subsection (2) does not apply to a building or part of a building that is being used as a dwelling. Computers (4) A conservation officer who is conducting a search may use or cause to be used any computer system for the purpose of examining information contained in or available to the computer system, and may produce or cause to be produced a printout or other output from the computer system. Necessary force (5) A conservation officer may use as much force as is necessary to execute a search warrant or to exercise any authority given by this section.  1997, c. 41, s. 91.
91.1 (1) On application without notice, a justice, as defined in the Provincial Offences Act, may issue a warrant authorizing a conservation officer and any person specified in the warrant to use any investigative technique or procedure or to do anything described in the warrant if the justice is satisfied by information under oath that, (a) there are reasonable grounds to believe that an offence under this Act has been or is being committed; and (b) evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.  2009, c. 33, Sched. 22, s. 2 (25). Power to enter, etc. (2) The warrant may authorize the person specified in it to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in respect of the alleged offence, authorize the person specified in it to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search.  2009, c. 33, Sched. 22, s. 2 (25). Duration (3) The warrant is valid for 30 days or for whatever shorter period is specified in it.  2009, c. 33, Sched. 22, s. 2 (25). Further warrants (4) A justice may issue further warrants under subsection (1).  2009, c. 33, Sched. 22, s. 2 (25). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (25) - 15/12/2009
93 (1) A conservation officer may arrest without warrant a person that he or she believes on reasonable grounds is committing, has committed or is preparing to commit an offence under this Act. Necessary force (2) A conservation officer may use as much force as is necessary to make an arrest under this section. Release (3) If a conservation officer arrests a person under this section, he or she shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence; or (b) the person arrested, if released, will not respond to the summons or offence notice or will not appear in court. Person to be taken before justice (4) Section 150 of the Provincial Offences Act applies if the person arrested is not released.  1997, c. 41, s. 93.
94 A conservation officer acting under this Act may enter private land and may authorize any other person acting under his or her direction to enter private land, with or without the officer, for the purpose of assisting the officer.  1997, c. 41, s. 94.
95 The Minister, for the purpose of investigations and other law enforcement activities under this Act, may exempt a conservation officer from the application of any provision of this Act or the regulations, subject to such conditions as the Minister considers necessary.  1997, c. 41, s. 95.
96 A person shall not, (a) knowingly make a false or misleading statement to a conservation officer who is acting under this Act; or (b) otherwise obstruct a conservation officer who is acting under this Act.  1997, c. 41, s. 96. PART IX 
OFFENCES AND PENALTIES
97 (1) A person who contravenes any provision of this Act or the regulations is guilty of an offence. Attempts (2) A person who attempts to do anything that would be an offence under this Act is guilty of that offence.  1997, c. 41, s. 97.
98 If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence.  1997, c. 41, s. 98.
99 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant.  1997, c. 41, s. 99.
100 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a person in the course of operations under a licence issued to the defendant, whether or not the person is identified or has been prosecuted for the offence, unless the defendant establishes that the offence was committed without the knowledge or consent of the defendant.  1997, c. 41, s. 100.
101 A person shall not be convicted of an offence under this Act if the person establishes that, (a) the person exercised all due diligence to prevent the commission of the offence; or (b) the person honestly and reasonably believed in the existence of facts that, if true, would render the person’s conduct innocent.  1997, c. 41, s. 101.
102 (1) A person convicted of an offence under this Act is liable to a fine of not more than $25,000, to imprisonment for a term of not more than one year, or to both. Careless use of firearm (2) Despite subsection (1), a person convicted of an offence under section 16 is liable to a fine of not more than $25,000, to imprisonment for a term of not more than two years, or to both. Commercial offences (3) Despite subsections (1) and (2), a person convicted of an offence under this Act is liable to a fine of not more than $100,000, to imprisonment for a term of not more than two years, or to both, if, (a) the offence was committed under section 11, 48 or 51 or subsection 55 (3) or 58 (2); or (b) the offence was committed for commercial purposes.  1997, c. 41, s. 102.
103 (1) A prosecution for an offence under this Act, (a) shall not be commenced more than two years after the day evidence of the offence first came to the attention of a conservation officer; and (b) shall not be commenced more than three years after the offence was committed. Game and Fish Act (2) Subsection (1) also applies to an offence committed under the Game and Fish Act before section 119 comes into force, unless the offence was committed more than six months before that section comes into force.  1997, c. 41, s. 103.
104 (1) If a person is convicted of an offence under subsection 16 (1), the court shall order that, (a) in the case of an offence involving possession of a firearm for the purpose of hunting or trapping, (i) any licence authorizing the person to hunt, including a trapping licence, shall be cancelled; (ii) the person shall not possess, apply for or obtain any licence to hunt, and shall not hunt, during a period specified in the order, and (iii) the person shall not hunt and shall not apply for a licence to hunt until the person has successfully completed educational requirements specified in the order, which may include, (A) any hunter education course and examination prescribed by the regulations for a licence to hunt or such educational requirements in another jurisdiction that would enable the person to obtain a licence to hunt in Ontario, and (B) in the case of an offence involving a gun, the Canadian Firearms Safety Course and any tests that form part of that course under the Firearms Act
(Canada); and (b) in the case of an offence involving possession of a firearm for the purpose of fishing, (i) any licence authorizing the person to fish shall be cancelled, and (ii) the person shall not possess, apply for or obtain any licence to fish, and shall not fish, during a period specified in the order. 2023, c. 9, Sched. 14, s. 6 (1). Discretionary order (2) If a person is convicted of an offence under this Act, the Fisheries Act (Canada) or the Migratory Birds Convention Act, 1994 (Canada), other than an offence under subsection 16 (1) of this Act, the court may order that, during a period specified in the order, (a) the person shall not possess, apply for or obtain a licence or authorization of a kind specified by the court that is related to the offence; and (b) the person shall not engage in any activity for which the person would be required to hold a licence or authorization of the kind specified under clause (a). 1997, c. 41, s. 104 (2); 2023, c. 9, Sched. 14, s. 6 (2, 3). Same (3) If a court makes an order under subsection (2) in respect of a kind of licence or authorization that the person holds at the time the order is made, the court shall order that the licence or authorization be cancelled. 1997, c. 41, s. 104 (3); 2023, c. 9, Sched. 14, s. 6 (4). No stay on appeal (4) An appeal of the conviction does not stay the effect of an order under subsection (1), (2) or (3). 1997, c. 41, s. 104 (4). Surrender of licence (5) A person whose licence or authorization is cancelled under this section shall promptly surrender the licence or authorization to the Minister. 1997, c. 41, s. 104 (5); 2023, c. 9, Sched. 14, s. 6 (5). Compliance with order (6) A person shall comply with an order made under this section. 1997, c. 41, s. 104 (6). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 13 - 22/03/2017 2023, c. 9, Sched. 14, s. 6 (1-5) - 08/06/2023
105 If the payment of a fine imposed for an offence under this Act or the Fisheries Act (Canada) is in default, an order may be made under section 69 of the Provincial Offences Act directing that any licence under this Act that is related to the offence be suspended, and that any licence of that kind not be renewed, validated or issued, until the fine is paid.  1997, c. 41, s. 105. Compensation of Ministry, release of wildlife, issuing licences
106 (1) A court that convicts a person of an offence under subsection 46 (1) or 54 (1) may order the person to compensate the Minister for expenses incurred by the Minister in capturing or killing any farmed animal, wildlife or invertebrate that was released. Exception (2) Subsection (1) does not apply to the person who kept or possessed the farmed animal, wildlife or invertebrate before it was released. Compensation: offence under subs. 61 (2) (3) A court that convicts a person of an offence under subsection 61 (2) may order the person to compensate the Minister for any amount collected by the person on behalf of the Crown that has not been remitted to the Crown.  1997, c. 41, s. 106.
107 If a licence is a defence to a prosecution for an offence under this Act, the defendant has the burden of proving that the defendant had the required licence.  1997, c. 41, s. 107.
108 In a prosecution under this Act, a copy of a document purporting to be certified by a conservation officer as a true copy of a document inspected or seized under this Act or Part VIII of the Provincial Offences Act is admissible in evidence as proof, in the absence of evidence to the contrary, of the document.  1997, c. 41, s. 108.
109 In a prosecution under this Act in respect of hunting or trapping, (a) proof that a person possessed, in an area usually inhabited by wildlife, a firearm, trap, decoy or other hunting or trapping device, a ferret or a specially protected raptor or other bird of prey, is proof, in the absence of evidence to the contrary, that the person was hunting or trapping, as the case may be; and (b) proof that a person shot at or stalked a decoy or other device placed by a conservation officer to suggest the presence of wildlife is proof, in the absence of evidence to the contrary, that the person was hunting.  1997, c. 41, s. 109.
110 In a prosecution for an offence under section 20, the following are admissible in evidence as proof, in the absence of evidence to the contrary, of the times of sunrise or sunset: 1. A certificate purporting to be signed by an astronomer or an astrophysicist setting out the times of sunrise and sunset. 2. A written confirmation of the times of sunrise or sunset certified by the Herzberg Institute of Astrophysics, National Research Council of Canada.  2009, c. 33, Sched. 22, s. 2 (26). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (26) - 15/12/2009 111 Repealed:  2009, c. 33, Sched. 22, s. 2 (26). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (26) - 15/12/2009 PART X 
REGULATIONS
113 (1) The Minister may make regulations, 1. prescribing species of birds that cannot be hunted or trapped under clause 5 (2) (c); 2. prescribing open seasons or closed seasons for wildlife; 3. prescribing times of day during which the hunting of wildlife is or is not permitted; 4. prescribing limits on the number of wildlife of a specified species, sex, size, age or type that may be killed, captured or possessed; 5. prohibiting or regulating the destruction, taking or possession of eggs of specially protected amphibians or specially protected reptiles; 6. respecting hunter or trapper education; 6.1 prescribing, for the purposes of clause 47 (1) (a), species of fish that may be cultured. 7. prohibiting or regulating the harvesting, propagation, transport, use, buying or selling of bait for fishing; 8. prohibiting or regulating the placing of huts on ice for the purpose of fishing, regulating their use, and requiring and regulating their removal; 9. prescribing wildlife management units, bear management areas, trapline areas and other areas for the purposes of this Act or the regulations; 10. Prohibiting or regulating the feeding of wildlife, other than the use of feed as bait for hunting or trapping wildlife.  1997, c. 41, s. 113 (1); 2009, c. 33, Sched. 22, s. 2 (30); 2020, c. 34, Sched. 5, s. 3. Concurrent authority (2) The Lieutenant Governor in Council may make any regulation that the Minister has authority to make and may amend or revoke any regulation made by the Minister.  1997, c. 41, s. 113 (2). Same (2.1) For greater certainty, subsection (2) includes regulations described in paragraphs 2, 3 and 4 of subsection (1), despite the exclusions in subparagraphs 4 i, ii and iii of section 112. 2017, c. 2, Sched. 14, s. 15. Same (3) The Minister may amend or revoke a provision of a regulation if the provision was made or amended by the Lieutenant Governor in Council under subsection (2).  1997, c. 41, s. 113 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (30) - 15/12/2009 2017, c. 2, Sched. 14, s. 15 - 22/03/2017 2020, c. 34, Sched. 5, s. 3 - 08/12/2020
114 (1) A regulation made under this Act may be general in its application or may apply only to, (a) a specified activity, species, licence, device or other thing, or a specified class of activities, species, licences, devices or other things; (b) a specified part of Ontario; or (c) a specified period of time. Farmed animal pelts (2) A regulation made under paragraph 36, 37, 38, 41 or 54 of section 112 that applies to pelts may provide that it applies to the pelts of farmed animals that are furbearing mammals. Licence requirements (3) A regulation made under this Act that regulates or governs an activity may require a licence to engage in the activity.  1997, c. 41, s. 114.
114.1 A regulation made under this Act that adopts a document by reference may adopt the document as it may be amended from time to time after the regulation is made. 2017, c. 2, Sched. 14, s. 16. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 16 - 22/03/2017 115-126 Omitted (amends or repeals other Acts).  1997, c. 41, ss. 115-126. 127 Omitted (provides for coming into force of provisions of this Act).  1997, c. 41, s. 127. 128 Omitted (enacts short title of this Act).  1997, c. 41, s. 128. Note:  The Minister may amend or revoke a regulation made by the Lieutenant Governor in Council under the Game and Fish Act that relates to a matter in respect of which the Minister may make regulations under this Act. The Lieutenant Governor in Council may amend or revoke a regulation made by the Minister under the Game and Fish Act.  See:  1997, c. 41, ss. 119 (4, 5), 127. Schedule 1 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (31) - 15/12/2009 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 2 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (32) - 15/12/2009 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 3 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 4 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (33) - 15/12/2009 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 5 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 6 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (33) - 15/12/2009 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 7 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 8 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (34) - 15/12/2009 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedule 9 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (35) - 15/12/2009 CTS 30 AU 10 - 3 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Schedules 10, 11 Repealed: 2017, c. 2, Sched. 14, s. 17. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (35) - 15/12/2009 2017, c. 2, Sched. 14, s. 17 - 15/09/2020 Note:  Despite the repeal of the Game and Fish Act by the Statutes of Ontario, 1997, chapter 41, subsection 119 (1), a licence, permit or authorization issued under the Game and Fish Act that authorized an activity continues to authorize that activity until the date the licence, permit or authorization would have expired under that Act.  See:  1997, c. 41, ss. 119 (3), 127. ______________  Français