jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 If a provision of this Act and a provision of the Endangered Species Act, 2007 conflict with respect to an animal, invertebrate or fish, the provision that gives the animal, invertebrate or fish the most protection prevails.  1997, c. 41, s. 2; 2007, c. 6, s. 60 (1). Section Amendments with date in force (d/m/y) 2007, c. 6, s. 60 (1) - 30/06/2008
3 (1) Except as specifically provided in this Act or the regulations, this Act and the regulations do not apply to farmed animals or to products made from farmed animals. Definitions and interpretation provisions (2) The definitions and interpretation provisions in section 1 apply to a provision of this Act or the regulations that applies to farmed animals or to products made from farmed animals.  1997, c. 41, s. 3.
4 This Act does not apply to animals that are being kept in captivity in a research facility that is registered under the Animals for Research Act.  1997, c. 41, s. 4. PART II 
HUNTING, TRAPPING, FISHING AND RELATED ACTIVITIES General Restrictions
5 (1) A person shall not hunt or trap specially protected wildlife or any bird that belongs to a species that is wild by nature and is not a game bird.  2009, c. 33, Sched. 22, s. 2 (5). Exceptions (2) Subsection (1) does not apply to, (a) an American crow, brown-headed cowbird, common grackle, house sparrow, red-winged blackbird or starling; (b) a bird that is declared to be a migratory game bird in the Convention set out in the Schedule to the Migratory Birds Convention Act, 1994 (Canada); (c) a bird that has been transported into Ontario, or propagated from stock that was transported into Ontario, and that is released with the Minister’s authorization under section 54, other than a specially protected bird or a member of a species prescribed by the regulations for the purpose of this clause; or (d) any other bird, other than a specially protected bird, that is hunted with the authorization of the Minister.  1997, c. 41, s. 5 (2); 2009, c. 33, Sched. 22, s. 2 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (5, 6) - 15/12/2009
6 (1) Except under the authority of a licence and in accordance with the regulations, a person shall not hunt or trap, (a) big game; (b) a game mammal that is not referred to in clause (a); (c) a game bird; (d) a furbearing mammal; (e) a game reptile; (f) a game amphibian; (g) a bird referred to in subsection 5 (2); or (h) wildlife that is not referred to in clauses (a) to (g), the hunting of which is not prohibited by section 5.  1997, c. 41, s. 6 (1); 2009, c. 33, Sched. 22, s. 2 (7). Trappers (2) Despite the requirement in subsection (1) for a licence but subject to section 9 and to any requirement for a licence under section 79, the holder of a licence to trap furbearing mammals may, in accordance with the licence and without any other licence, in the area described in the licence, (a) to the extent that the open season falls within the period from September 1 in a year to June 30 of the following year, trap black bear and other game mammals, other than white-tailed deer, moose, woodland caribou or American elk; and (b) to the extent that the open season falls within the period from September 1 in a year to June 30 of the following year or within any additional period prescribed by the regulations, hunt, (i) black bear and other game mammals, other than white-tailed deer, moose, woodland caribou or American elk, (ii) game birds, other than wild turkey, (iii) birds referred to in subsection 5 (2), and (iv) wildlife referred to in clause (1) (h). 2017, c. 2, Sched. 14, s. 5. Farmers (3) Despite subsection (1)’s requirement for a licence, a farmer or a member of a farmer’s family who resides with the farmer may, during the open season and without a licence, on the farmer’s land, (a) hunt or trap furbearing mammals; (b) hunt or trap game mammals, other than big game; (c) hunt game birds, other than wild turkey; (d) hunt or trap game reptiles or game amphibians; (e) hunt birds referred to in subsection 5 (2); and (f) hunt wildlife referred to in clause (1) (h).  1997, c. 41, s. 6 (3); 2009, c. 33, Sched. 22, s. 2 (9). Exception (4) Despite subsection (1), a person may hunt or trap wildlife referred to in subsection (1) without a licence in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 1. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (7-9) - 15/12/2009 2012, c. 8, Sched. 16, s. 1 - 20/06/2012 2017, c. 2, Sched. 14, s. 5 - 22/03/2017
7 (1) A person shall not destroy, take or possess the nest or eggs of a bird that belongs to a species that is wild by nature.  1997, c. 41, s. 7 (1). Exceptions (2) Subsection (1) does not apply to the nest or eggs of an American crow, brown-headed cowbird, common grackle, house sparrow, red-winged blackbird or starling.  1997, c. 41, s. 7 (2). Same (3) Subsection (1) does not apply to a person who destroys, takes or possesses the nest or eggs of a bird described in that subsection, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 2. Migratory birds (4) This section does not apply to nests or eggs that are subject to the Migratory Birds Convention Act, 1994 (Canada).  1997, c. 41, s. 7 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 2 - 20/06/2012 Dens, beaver dams, etc.
8 (1) A person shall not interfere with a black bear in its den or intentionally damage or destroy a black bear’s den. Dens: furbearing mammals (2) A person shall not intentionally damage or destroy the den or habitual dwelling of a furbearing mammal, other than a fox or skunk, unless the person holds a licence to trap furbearing mammals. Beaver dams (3) A person shall not damage or destroy a beaver dam unless the person holds a licence to trap furbearing mammals. Protection of property (4) Subsection (3) does not apply to a person, or the agent of a person, who damages or destroys a beaver dam to protect the person’s property. Minister’s authorization (5) The Minister may authorize a person to do anything that would otherwise be prohibited by this section.  1997, c. 41, s. 8.
9 (1) A person shall not hunt, trap or possess wildlife in a provincial park or Crown game preserve. Hunting equipment (2) A person shall not possess in a provincial park or Crown game preserve a firearm, trap, other hunting or trapping device, or explosive. Exceptions (3) Subsections (1) and (2) do not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 9.
10 (1) A person shall not, (a) enter premises in contravention of the Trespass to Property Act or the Security from Trespass and Protecting Food Safety Act, 2020 for the purpose of hunting or fishing; (b) enter premises in contravention of the Trespass to Property Act or the Security from Trespass and Protecting Food Safety Act, 2020 in possession of a firearm, fishing rod or other hunting or fishing device; (c) engage in hunting or fishing in contravention of the Trespass to Property Act; (d) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises for the purpose of hunting or fishing; or (e) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises in possession of a firearm, fishing rod or other hunting or fishing device. 1997, c. 41, s. 10 (1); 2023, c. 9, Sched. 14, s. 2. Notice under Trespass to Property Act (2) The Minister may authorize a person to give notice for the purposes of the Trespass to Property Act with respect to hunting or fishing on Crown land. 1997, c. 41, s. 10 (2). Interference with notice (3) A person shall not interfere with any signs or markings that, under the Trespass to Property Act, give notice that, (a) hunting or fishing is prohibited; or (b) entry is prohibited for the purpose of hunting or fishing. 1997, c. 41, s. 10 (3). Parties of more than 12 (4) A person shall not enter private land in a party of more than 12 people without the express permission of the occupier if any of the members of the party possesses a firearm or other hunting device. 1997, c. 41, s. 10 (4). Land with crops (5) A person shall not, for the purpose of hunting or fishing, enter or permit a dog to enter land on which any crop is growing or standing without the express permission of the occupier. 1997, c. 41, s. 10 (5). Crown land used for retention or propagation (6) A person shall not enter Crown land used for the purpose of retaining wildlife or fish, propagating wildlife or culturing fish without the express permission of the Crown. 1997, c. 41, s. 10 (6). Railway lands (7) Despite the Trespass to Property Act, the occupier of railway land, (a) shall not prohibit hunting or fishing on the railway land and shall not prohibit entry to the railway land for those purposes; and (b) shall not charge any fee for hunting or fishing on the railway land or for entry to the railway land for those purposes. 1997, c. 41, s. 10 (7). Exception (8) Subsection (7) does not apply in the circumstances prescribed by the regulations. 1997, c. 41, s. 10 (8). Definitions (9) In this section, “occupier” has the same meaning as in the Trespass to Property Act; (“occupant”) “railway land” includes all land set apart under any Act as a land subsidy or otherwise in aid of a railway or any works related to a railway. (“terres à usage ferroviaire”)  1997, c. 41, s. 10 (9). Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 14, s. 2 - 08/06/2023
11 (1) Except with the authorization of the Minister, a person shall not, (a) hunt for hire, gain or the expectation of gain; (b) hire, employ or induce another person to hunt for gain; (c) trap for hire, gain or the expectation of gain; (d) hire, employ or induce another person to trap for gain; or (e) pay or accept a bounty. Guides and black bear hunting services (2) Clause (1) (a) does not apply to a guide within the meaning of section 32 or to a provider of black bear hunting services within the meaning of that section, and clause (1) (b) does not apply to a person who employs or hires the guide or the provider of black bear hunting services. Trappers (3) Clauses (1) (a) and (c) do not apply to a person who hunts or traps furbearing mammals or black bear under the authority of a licence to trap. Same (4) Clauses (1) (b) and (d) do not apply to a person who holds a licence to trap and who hires, employs or induces another person who holds a licence to trap to hunt or trap furbearing mammals or black bear on his or her behalf. Other exceptions (5) Clauses (1) (a) to (d) do not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 11.
12 A person shall not possess wildlife that has been killed, injured or captured contrary to this Act or the regulations.  1997, c. 41, s. 12.
13 (1) A person shall not interfere with lawful hunting, trapping or fishing by, (a) tampering with traps, nets, bait, firearms or any other thing used for hunting, trapping or fishing; (b) placing himself or herself in a position, for the purpose of interfering, that hinders or prevents hunting, trapping or fishing; or (c) engaging in an activity, for the purpose of interfering, that disturbs or is likely to disturb wildlife or fish. Notice without authority (2) A person shall not purport to give notice that entry to premises is prohibited for the purpose of hunting or fishing or that hunting or fishing is prohibited on premises unless the person has authority to give the notice.  1997, c. 41, s. 13. Safety and Methods
14 A person shall not hunt with a firearm in an area prescribed by the regulations as unsafe for hunting.  1997, c. 41, s. 14.
15 A person who holds a licence to hunt or trap shall, while hunting, wear coloured clothing in accordance with the regulations.  1997, c. 41, s. 15. Firearms, careless use and injuries
16 (1) A person who is in possession of a firearm for the purpose of hunting, trapping or fishing shall not discharge or handle the firearm, or cause it to be discharged or handled, without due care and attention or without reasonable consideration for people or property. 1997, c. 41, s. 16 (1); 2017, c. 2, Sched. 14, s. 6 (1). Report of injuries (2) A person shall notify a conservation officer as soon as practicable if an injury requiring treatment by a physician is caused by the discharge of a firearm while the person is in possession of the firearm for the purpose of hunting, trapping or fishing. 1997, c. 41, s. 16 (2). 2017, c. 2, Sched. 14, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 2, Sched. 14, s. 6 (1, 2) - 22/03/2017
17 (1) A person who is in an area usually inhabited by wildlife or who is on the way to or from an area usually inhabited by wildlife shall not, (a) have a loaded firearm in or on a conveyance or discharge a firearm from a conveyance, except if, (i) the conveyance is a boat that is not a motorboat, or (ii) the conveyance is a motorboat and the person is hunting migratory birds in accordance with the regulations under the Migratory Birds Convention Act, 1994 (Canada); (b), (c)  Repealed:  2009, c. 33, Sched. 22, s. 2 (10). (d) in a part of Ontario prescribed by the regulations, have a loaded firearm in, or discharge a firearm in or across, a right of way for public vehicular traffic; or (e) in a part of Ontario to which clause (d) does not apply, discharge a firearm in or across the travelled portion of a right of way for public vehicular traffic.  1997, c. 41, s. 17 (1); 2009, c. 33, Sched. 22, s. 2 (10). Unmaintained rights of way (2) Clauses (1) (d) and (e) do not apply to an unmaintained right of way unless the regulations provide otherwise.  1997, c. 41, s. 17 (2). Person with impaired mobility (3) Despite clause (1) (a), a person whose mobility is impaired in the manner prescribed by the regulations may have a loaded firearm in or on, or discharge it from, a vehicle or a motorboat that is not in motion, in an area described in subsection (1), if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 3; 2017, c. 2, Sched. 14, s. 7. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (10, 11) - 15/12/2009 2012, c. 8, Sched. 16, s. 3 - 20/06/2012 2017, c. 2, Sched. 14, s. 7 - 22/03/2017
18 A person shall not use a firearm to hunt wildlife in a manner designed to permit the firearm to discharge when it is not being physically held by the person.  1997, c. 41, s. 18.
19 A person shall not hunt with a shotgun unless the shotgun has been permanently plugged or altered so that it cannot hold a total of more than three shells at one time in the chamber and magazine.  1997, c. 41, s. 19.
20 (1) A person shall not, during the period from half an hour after sunset to half an hour before sunrise, (a) hunt wildlife; (b) have a firearm in the person’s possession in an area usually inhabited by wildlife, unless the firearm is unloaded and encased; or (c) shine a light for the purpose of hunting wildlife. Exceptions (2) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 20.
21 (1) A person shall not kill, capture or injure big game by means of a trap, baited line or similar device.  2009, c. 33, Sched. 22, s. 2 (12). Trapping black bear (2) Despite subsection (1), the holder of a licence to trap furbearing mammals may trap black bear in accordance with subsection 6 (2) and the regulations.  1997, c. 41, s. 21 (2). No trapping of game birds (3) A person shall not kill, capture or injure a game bird by means of a trap, baited line or similar device.  1997, c. 41, s. 21 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (12) - 15/12/2009
22 (1) A person shall not trap wildlife or a domestic animal by means of a body-gripping trap. Exceptions (2) Subsection (1) does not apply to a person who uses a body-gripping trap in accordance with the regulations, if, (a) the person holds a licence to trap furbearing mammals and uses the body-gripping trap pursuant to that licence; (b) the person is a farmer or a member of a farmer’s family and uses the body-gripping trap to trap furbearing mammals under subsection 6 (3); (c) the person is a farmer and uses the body-gripping trap to trap wildlife, other than a bird, under section 31; (d) the person uses the body-gripping trap in a part of Ontario prescribed by the regulations; or (e) the body-gripping trap is prescribed by the regulations as a humane trap.  1997, c. 41, s. 22.
23 A person shall not hunt big game while it is swimming.  2009, c. 33, Sched. 22, s. 2 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (13) - 15/12/2009 Vehicles, boats and aircraft, use for hunting, etc.
24 (1) A person shall not use a vehicle for the purpose of killing, injuring, capturing, harassing, pursuing or chasing wildlife. Boats (2) A person shall not use a boat for the purpose of killing, injuring, capturing, harassing, pursuing or chasing wildlife. Aircraft (3) A person shall not use an aircraft while hunting. Exceptions (4) Subsections (2) and (3) do not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 24.
25 (1) A person shall not use or be accompanied by a dog while hunting big game, except under the authority of a licence issued in respect of that dog and in accordance with the regulations.  2009, c. 33, Sched. 22, s. 2 (14); 2012, c. 8, Sched. 16, s. 4 (1). Prescribed areas (2) Despite subsection (1), a person shall not use or be accompanied by a dog while hunting a species of big game in an area prescribed by the regulations.  2009, c. 33, Sched. 22, s. 2 (14). Exception (2.1) Despite subsections (1) and (2), a person may use or be accompanied by a dog while hunting big game without a licence issued in respect of the dog if he or she does so in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 4 (2). Dog running at large (3) The owner of a dog or any other person responsible for a dog shall not permit it to run at large, (a) during the open season for a species of big game in an area prescribed for the purpose of subsection (2); or (b) during the closed season for a species of big game in an area usually inhabited by that species.  2009, c. 33, Sched. 22, s. 2 (14). Power of conservation officer (4) A conservation officer may kill a dog without incurring any liability if, (a) the dog is running at large in an area prescribed for the purpose of subsection (2) during the open season for a species of big game; or (b) the dog is chasing a species of big game during the closed season for that species in an area usually inhabited by that species.  2009, c. 33, Sched. 22, s. 2 (14). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (14) - 15/12/2009 2012, c. 8, Sched. 16, s. 4 (1, 2) - 20/06/2012
26 A person shall not use a dog to chase game mammals or game birds during the closed season for the purpose of teaching the dog hunting skills or testing the dog’s hunting skills unless the person has the authorization of the Minister.  1997, c. 41, s. 26.
27 (1) A person shall not hunt with a specially protected raptor or any other bird of prey. Exception (2) Subsection (1) does not apply to a person who hunts in accordance with the regulations with a specially protected raptor or other bird of prey that belongs to a species prescribed by the regulations for the purpose of this subsection.  1997, c. 41, s. 27.
28 A person shall not hunt with a ferret.  1997, c. 41, s. 28.
29 (1) A person shall not use poison to kill, injure or capture wildlife. Exceptions (2) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 29.
30 (1) A person shall not use adhesives to kill, injure or capture wildlife. Exceptions (2) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 30. Protection of Property
31 (1) If a person believes on reasonable grounds that wildlife is damaging or is about to damage the person’s property, the person may, on the person’s land, (a) harass the wildlife for the purpose of deterring it from damaging the person’s property; or (b) capture or kill the wildlife.  1997, c. 41, s. 31 (1). Agents (2) The person may use an agent to harass, capture or kill the wildlife under subsection (1) if the agent has the authorization of the Minister or belongs to a class of agents prescribed by the regulations.  1997, c. 41, s. 31 (2). Exceptions (3) Subsection (1) does not apply to, (a) a moose or woodland caribou; or (b) a white-tailed deer, an American elk or other wildlife prescribed by the regulations, unless the person harasses, captures or kills the wildlife in accordance with the authorization of the Minister or in the circumstances prescribed by the regulations. (c)  Repealed:  2009, c. 33, Sched. 22, s. 2 (15). 1997, c. 41, s. 31 (3); 2009, c. 33, Sched. 22, s. 2 (15); 2017, c. 2, Sched. 14, s. 8. Scope of authority (4) A person who harasses, captures or kills wildlife under this section shall not harass, capture or kill more wildlife than is necessary to protect the property.  1997, c. 41, s. 31 (4). Unnecessary suffering (5) A person who harasses, captures or kills wildlife under this section shall not cause it unnecessary suffering.  1997, c. 41, s. 31 (5). Certain provisions do not apply (6) Sections 5 and 6, clauses 11 (1) (a) to (d), section 27 and such other provisions of this Act and the regulations as are prescribed by the regulations do not apply to a person who harasses, captures or kills wildlife under this section.  1997, c. 41, s. 31 (6). Night hunting (7) Section 20 does not apply to a person who, under this section, harasses, captures or kills wildlife, other than white-tailed deer, American elk or wildlife prescribed for the purpose of clause (3) (b).  2009, c. 33, Sched. 22, s. 2 (16). Capture and release (8) Subsection 40 (1) and section 46 do not apply to a person who captures wildlife under this section and releases it in accordance with the regulations or in accordance with an authorization of the Minister.  1997, c. 41, s. 31 (8). Trapping bears (9) Section 21 does not apply to an agent acting under subsection (2) who traps a black bear if the agent has the authorization of the Minister to trap black bears.  1997, c. 41, s. 31 (9). Disposal (10) A white-tailed deer, American elk or other wildlife prescribed by the regulations that is captured or killed under this section shall be disposed of in accordance with the directions of the Minister.  1997, c. 41, s. 31 (10); 2009, c. 33, Sched. 22, s. 2 (17). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (15-17) - 15/12/2009 2017, c. 2, Sched. 14, s. 8 - 22/03/2017 Hunting and Fishing Services
32 (1) In this section, “black bear hunting services” has the meaning defined by the regulations; (“services de chasse à l’ours noir”) “guide” means a person who carries out the customary duties of a hunting or sport fishing guide for gain, but does not include a person who is providing black bear hunting services. (“guide”) Licence required (2) A person shall not, except under the authority of a licence and in accordance with the regulations, (a) act as a guide with respect to a species of wildlife prescribed by the regulations; or (b) provide black bear hunting services. Exceptions (3) Subsection (2) does not apply in the circumstances prescribed by the regulations. Employment of unlicensed person (4) A person shall not hire or employ a person who requires a licence under subsection (2) unless the person holds the licence. Acting for unlicensed client (5) A person who requires a licence under subsection (2) shall not provide services to a person who is engaged in hunting or fishing but who does not possess a licence required for that purpose under this Act or the Ontario Fishery Regulations.  1997, c. 41, s. 32.
33 (1) A person shall not own or operate a game bird hunting preserve except under the authority of a licence and in accordance with the regulations. Exceptions (2) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 33.
34 (1) A person shall not own or operate a fishing preserve except under the authority of a licence and in accordance with the regulations. Exceptions (2) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 34.
35 (1) A person shall not own or operate an area in which wildlife is enclosed for the purpose of teaching dogs hunting skills or testing dogs’ hunting skills. Exception (2) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 35. Note: On a day to be named by proclamation of the Lieutenant Governor, section 35 of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 14, s. 3) Train and trial area 35 (1) A person shall not own or operate a train and trial area except under the authority of a licence and in accordance with the regulations. 2023, c. 9, Sched. 14, s. 3. Licence issuance (2) A licence may only be issued under subsection (1) in the following circumstances: 1. A licence may be issued to a person who owned or operated a train and trial area pursuant to a licence issued under the regulations in 2023. 2. A licence may be issued to a person who, during the application period described in subsection (3), submits an application to establish a new train and trial area. 3. A licence may be issued to any person to operate a train and trial area, if the area was previously subject to a licence issued under paragraph 1 or 2. 2023, c. 9, Sched. 14, s. 3. Application period (3) For the purposes of paragraph 2 of subsection (2), there shall be a one-time application period, only in 2024, lasting a maximum of 90 days to be prescribed in the regulations. 2023, c. 9, Sched. 14, s. 3. Section Amendments with date in force (d/m/y) 2023, c. 9, Sched. 14, s. 3 - not in force Miscellaneous Abandoned and spoiled meat, pelts, etc.
36 (1) A hunter or trapper who kills game wildlife other than a furbearing mammal shall not abandon it if its flesh may become unsuitable for human consumption.  2009, c. 33, Sched. 22, s. 2 (18). Spoiled flesh (2) A person who possesses game wildlife that is not a furbearing mammal and that was hunted or trapped shall not permit its flesh to become unsuitable for human consumption.  2009, c. 33, Sched. 22, s. 2 (18). Exception (2.1) Subsections (1) and (2) do not apply to a person in respect of double-crested cormorant in the circumstances prescribed by the regulations. 2019, c. 15, Sched. 13, s. 1. Abandonment or spoilage of pelts (3) A hunter or trapper who kills a furbearing mammal shall not abandon the pelt or permit the pelt to be spoiled or destroyed.  1997, c. 41, s. 36 (3). Exceptions (4) Subsection (3) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 36 (4). Abandonment or spoilage of fish (5) A person who takes a fish whose flesh is suitable for human consumption shall not, (a) abandon the fish if its flesh may become unsuitable for human consumption; or (b) permit the flesh to become unsuitable for human consumption.  1997, c. 41, s. 36 (5). Exceptions (6) Subsection (5) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 36 (6). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (18) - 15/12/2009 2019, c. 15, Sched. 13, s. 1 - 15/09/2020 Nets
37 (1) Except under the authority of a licence, a person shall not possess a commercial fish net.  2009, c. 33, Sched. 22, s. 2 (19). Sale (2) A person shall not sell a commercial fish net except to a person who is authorized to possess it.  2009, c. 33, Sched. 22, s. 2 (19). Exception (3) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 37 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 2 (19) - 15/12/2009
38 The ownership of the bed of a river, lake or navigable body of water does not give the owner the exclusive right to fish in the water that flows over the bed unless that right is granted by the Crown.  1997, c. 41, s. 38.
39 The Minister may authorize a person to capture, kill or possess wildlife for educational or scientific purposes.  1997, c. 41, s. 39. PART III 
LIVE WILDLIFE AND FISH
40 (1) A person shall not keep live game wildlife or live specially protected wildlife in captivity except under the authority of a licence and in accordance with the regulations.  1997, c. 41, s. 40 (1). Exceptions (2) Despite subsection (1), the following persons may keep live game wildlife or live specially protected wildlife in captivity without a licence: 1. A person who keeps game amphibians or game reptiles in captivity for the purpose of personal consumption. 2. A person who keeps in captivity for the purposes of personal education a single game reptile, game amphibian, specially protected mammal, specially protected reptile, specially protected amphibian or specially protected invertebrate, unless it belongs to a species that is listed on, i. the Species at Risk in Ontario List under the Endangered Species Act, 2007, or ii. the List of Wildlife Species at Risk under the Species at Risk Act (Canada). 3. A wildlife custodian who, in accordance with section 44, keeps injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them. 4. A person who does so in accordance with the authorization of the Minister. 5. A person who does so in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 5. Hunting wildlife to keep in captivity (3) A person shall not hunt or trap game wildlife or specially protected wildlife for the purpose of keeping it in captivity unless the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 5. (4) Repealed:  2012, c. 8, Sched. 16, s. 5. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. L, s. 3 - 26/11/2002 2007, c. 6, s. 60 (2)
- 30/06/2008 2012, c. 8, Sched. 16, s. 5 - 20/06/2012
41 (1) A person shall not hunt or permit the hunting of, (a) a farmed animal; or (b) game wildlife, specially protected wildlife or any other wildlife prescribed by the regulations, if the wildlife is in captivity at the time it is hunted. Exceptions (2) Subsection (1) does not apply to the hunting of game birds in a game bird hunting preserve or in an area prescribed by the regulations. Other exceptions (3) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 41.
42 A person who keeps a specially protected raptor in captivity, or who keeps another bird of prey prescribed by the regulations in captivity, shall mark it in the manner prescribed by the regulations and shall keep the records prescribed by the regulations.  1997, c. 41, s. 42.
43 Except as prescribed by the regulations, subsection 40 (1) and section 42 do not apply to wildlife that originated outside Ontario and is in Ontario temporarily in transit or in quarantine.  1997, c. 41, s. 43.
44 (1) In this section, “wildlife custodian” means a person who may, under subsection (2), keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them.  1997, c. 41, s. 44 (1); 2012, c. 8, Sched. 16, s. 6 (1). Rehabilitation and care (2) A person may keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them only if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 6 (2). No remuneration (3) A wildlife custodian is not entitled to any remuneration from the Minister.  1997, c. 41, s. 44 (3). Wildlife not capable of release (4) A wildlife custodian may kill injured, sick or immature game wildlife or specially protected wildlife that, in the custodian’s opinion, will not be capable of being released into the wild after appropriate care only if the wildlife custodian does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 6 (3). Surrender to Minister (5) On the request of the Minister, a wildlife custodian shall surrender to the Minister any game wildlife or specially protected wildlife in the custodian’s possession, whether it is alive or dead, or shall dispose of it in such manner as the Minister may direct.  1997, c. 41, s. 44 (5). Liability of Crown (6) The Crown in right of Ontario is not liable for any act or omission of a wildlife custodian and no action or other proceeding for damages may be instituted against the Crown in right of Ontario for any loss arising from the act or omission of a wildlife custodian.  1997, c. 41, s. 44 (6). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 6 (1-3) - 20/06/2012
45 (1) A person shall not propagate or offer to propagate game wildlife or specially protected wildlife, or possess it for the purpose of propagation, except under the authority of a licence and in accordance with the regulations. 1997, c. 41, s. 45 (1). Exceptions (2) Despite subsection (1), a person may, without a licence, propagate or offer to propagate game wildlife or specially protected wildlife, or possess it for the purpose of propagation, if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 7. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 7 - 20/06/2012
46 (1) A person shall not release a farmed animal and shall not release game wildlife or specially protected wildlife that is kept in captivity unless the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 8 (1). Escape (2) A person who keeps a farmed animal or who keeps game wildlife or specially protected wildlife in captivity shall ensure that it does not escape.  1997, c. 41, s. 46 (2). Obligations on escape or release (3) If, despite subsection (1) or (2), a farmed animal or game wildlife or specially protected wildlife escapes or is released without authorization or in circumstances not permitted under subsection (1), the person who kept it in captivity, (a) shall immediately notify the Minister; and (b) unless otherwise directed by the Minister, shall return the farmed animal or wildlife to captivity or kill it as soon as practicable.  1997, c. 41, s. 46 (3); 2012, c. 8, Sched. 16, s. 8 (2). Exceptions (4) Subsection (3) does not apply to game wildlife or specially protected wildlife that was kept in captivity for the purpose of rehabilitation or care under section 44 or that was kept in captivity for the purpose of personal education under paragraph 2 of subsection 40 (2).  1997, c. 41, s. 46 (4). Certain provisions do not apply (5) Sections 5 and 6, clauses 11 (1) (a) to (d), sections 20 and 27 and such other provisions of this Act and the regulations as are prescribed by the regulations do not apply to a person who captures or kills a farmed animal or wildlife under subsection (3).  1997, c. 41, s. 46 (5). Minister’s powers (6) If the Minister is of the opinion that a person has not complied with clause (3) (b), the Minister may capture or kill the farmed animal or wildlife without incurring any liability.  1997, c. 41, s. 46 (6). Minister’s expenses (7) The person who kept the farmed animal or wildlife in captivity is liable to the Minister for all expenses incurred by the Minister under subsection (6) unless the escape or release was caused by a natural disaster or act of vandalism that was beyond the control of the person.  1997, c. 41, s. 46 (7). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 8 (1, 2) - 20/06/2012 CTS 11 AU 14 - 1
47 (1) A person shall not engage in aquaculture unless the fish that are cultured, (a) belong to a species prescribed by the regulations; and (b) are cultured under the authority of a licence and in accordance with the regulations. Exception (2) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 47.
47.2 The Minister may authorize a person or class of persons to carry out activities otherwise prohibited by this Act to assist in controlling or eradicating a wildlife disease, minimizing its impacts in Ontario or reducing the risk of a wildlife disease entering Ontario. 2019, c. 14, Sched. 15, s. 40. Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 15, s. 40 - 10/12/2019 PART IV 
SALE, PURCHASE AND TRANSPORT
48 (1) A person shall not buy or sell game wildlife or specially protected wildlife, including pelts, except under the authority of a licence and in accordance with the regulations. Farmed animal pelts (2) Subject to subsection (5), subsection (1) applies to the pelts of farmed animals that are furbearing mammals. Trappers (3) Despite subsection (1)’s requirement for a licence, the holder of a licence to trap furbearing mammals may, without any other licence, sell all or part of the carcass of a furbearing mammal trapped by or on behalf of the holder of the licence, including the pelt. Authorization for furbearing mammals (4) Despite subsection (1), a person may buy or sell a live furbearing mammal in accordance with the regulations if the person has the authorization of the Minister. Other exceptions (5) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 48.
49 A person shall not sell any animal or invertebrate that the person represents as a species of game wildlife or specially protected wildlife unless the person is authorized to sell that species of wildlife.  1997, c. 41, s. 49.
50 A person shall not possess a black bear gall bladder that has been removed from the bear’s carcass.  1997, c. 41, s. 50.
51 (1) A person shall not buy or sell fish that belong to a species that exists in Ontario waters or fish prescribed by the regulations, except under the authority of a licence and in accordance with the regulations. Interpretation (2) For the purposes of subsection (1), fish cultured in Ontario shall be deemed to belong to a species that exists in Ontario waters. Exception (3) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 51.
52 (1) A person shall not list game wildlife, specially protected wildlife or fish on a menu, or charge for serving it.  1997, c. 41, s. 52 (1); 2012, c. 8, Sched. 16, s. 9 (1). Exceptions (2) Subsection (1) does not apply to, (a) game wildlife that was propagated under the authority of a licence or was lawfully purchased by the person; or (b) fish that was cultured under the authority of a licence or was lawfully purchased by the person.  1997, c. 41, s. 52 (2). Same (3) Despite subsection (1), a person may list game wildlife or fish on a menu, or charge for serving it, if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 9 (2). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 9 (1, 2) - 20/06/2012
53 A person shall not transport into Ontario game wildlife or specially protected wildlife for which a licence or permit is required by the regulations without first obtaining the licence or permit.  1997, c. 41, s. 53.
54 (1) A person shall not release wildlife or an invertebrate that has been transported into Ontario or has been propagated from stock that was transported into Ontario.  1997, c. 41, s. 54 (1); 2012, c. 8, Sched. 16, s. 10 (1). Exceptions (1.1) Despite subsection (1), a person may release wildlife or an invertebrate that has been transported into Ontario or has been propagated from stock that was transported into Ontario if the person does so, (a) in accordance with the authorization of the Minister; or (b) in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 10 (2). Escape of imports (2) A person who possesses wildlife or an invertebrate referred to in subsection (1) shall ensure that it does not escape.  1997, c. 41, s. 54 (2). Same (3) If, despite subsection (1) or (2), wildlife or an invertebrate referred to in subsection (1) escapes or is released without authorization or in circumstances not permitted under subsection (1.1), the person who possessed it, (a) shall immediately notify the Minister; and (b) unless otherwise directed by the Minister, shall capture or kill the wildlife or invertebrate as soon as practicable.  1997, c. 41, s. 54 (3); 2012, c. 8, Sched. 16, s. 10 (3). Certain provisions do not apply (4) Sections 5 and 6, clauses 11 (1) (a) to (d), sections 20 and 27 and such other provisions of this Act and the regulations as are prescribed by the regulations do not apply to a person who captures or kills wildlife or an invertebrate under subsection (3).  1997, c. 41, s. 54 (4). Minister’s powers (5) If the Minister is of the opinion that a person has not complied with clause (3) (b), the Minister may capture or kill the wildlife or invertebrate without incurring any liability.  1997, c. 41, s. 54 (5). Minister’s expenses (6) The person who possessed the wildlife or invertebrate is liable to the Minister for all expenses incurred by the Minister under subsection (5) unless the escape or release was caused by a natural disaster or act of vandalism that was beyond the control of the person.  1997, c. 41, s. 54 (6). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 10 (1-3) - 20/06/2012
55 (1) A person shall not transport out of Ontario game wildlife or specially protected wildlife for which a licence or permit is required by the regulations without first obtaining the licence or permit.  1997, c. 41, s. 55 (1). Farmed animal pelts (2) Subsection (1) applies to the pelts of farmed animals that are furbearing mammals.  1997, c. 41, s. 55 (2). Transport for sale or propagation (3) A person shall not transport game wildlife or specially protected wildlife out of Ontario for the purpose of sale or propagation unless the person is entitled under this Act to sell or propagate the wildlife in Ontario.  1997, c. 41, s. 55 (3). Exceptions (4) Despite subsection (1), a person may, without a licence or permit required by the regulations, transport out of Ontario game wildlife or specially protected wildlife referred to in subsection (1) if the person does so in the circumstances prescribed by the regulations.  2012, c. 8, Sched. 16, s. 11. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 11 - 20/06/2012
56 A person shall not transport wildlife or fish that was killed, captured, taken or possessed contrary to this Act, the regulations, or the Fisheries Act (Canada) or the regulations under that Act.  1997, c. 41, s. 56.
57 (1) A person shall not transport a container that contains game wildlife, specially protected wildlife or fish unless the container is plainly marked on the outside with a description of the contents, the name and address of the person who is sending the container and the name and address of the person to whom the container is being sent. Farmed animal pelts (2) Subject to subsection (3), subsection (1) applies to the pelts of farmed animals that are furbearing mammals. Exception (3) Subsection (1) does not apply in the circumstances prescribed by the regulations.  1997, c. 41, s. 57. PART V 
LAWS OF OTHER JURISDICTIONS
58 (1) A person shall not possess wildlife, invertebrates or fish that, (a) were killed, captured, taken, possessed, transported, bought or sold contrary to the laws of another jurisdiction; or (b) were removed from another jurisdiction, contrary to the laws of that jurisdiction. Sale prohibited in other jurisdiction (2) A person shall not sell or offer to sell wildlife or an invertebrate that has been transported into Ontario if the sale would not be permitted in the jurisdiction from which the wildlife or invertebrate was originally exported.  1997, c. 41, s. 58.
59 If a pelt is transported into Ontario from a jurisdiction that requires the pelt to be sealed or marked, a person shall not remove the seal or mark or possess the pelt without the seal or mark.  1997, c. 41, s. 59. PART VI 
LICENCES AND OTHER AUTHORITY
60 The Minister may issue licences for the purposes of, (a) this Act; and (b) the Ontario Fishery Regulations.  1997, c. 41, s. 60.
61 (1) The Minister may authorize a person to issue licences on the Minister’s behalf. 1997, c. 41, s. 61 (1). Manual (2) A person who is authorized to issue licences on the Minister’s behalf shall comply with any applicable manual of instructions issued by the Minister, as it may be amended from time to time. 1997, c. 41, s. 61 (2). Limitation (2.1) For greater certainty, an authorization to issue licences given to a person under this section shall not authorize the person to impose any conditions on a licence other than those authorized or required by the Minister.  2012, c. 8, Sched. 16, s. 13. Fees held in trust (3) Fees owing to the Crown in right of Ontario that are collected by a person who is authorized to issue licences on the Minister’s behalf shall be deemed to be held in trust for the Crown.  1997, c. 41, s. 61 (3). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 16, s. 13 - 20/06/2012 Conditions on licences and authorizations
62 (1) A licence is subject to the conditions prescribed by the regulations. Conditions on licence – Minister (2) The Minister may impose written conditions on a licence that do not conflict with the regulations. Conditions on authorization (3) The Minister may impose written conditions on an authorization that he or she gives under this Act. Examples (4) For example, the conditions imposed on a licence or authorization may, (a) limit the species to which the licence or authorization applies; (b) limit the area to which the licence or authorization applies; (c) limit the time during which the licence or authorization applies; (d) limit the circumstances in which the licence or authorization applies; and (e) if the licence or authorization authorizes the hunting or trapping of wildlife, limit the number, sex, size, age or type of wildlife that may be killed, captured or possessed or limit the methods that may be used to hunt or trap the wildlife. Compliance with conditions (5) The holder of a licence or authorization shall comply with any conditions to which the licence or authorization is subject. Authorizations (6) If a provision of this Act permits something to be done with the authorization of the Minister, the Minister may, in the authorization, permit for the purpose of the authorization any act or omission that would otherwise contravene this Act or the regulations.  1997, c. 41, s. 62.