jswizzle3737/ontario_laws_and_regs huggingface dataset:
Live game kept in captivity
82. (1) Except under the authority of a licence issued on such terms and conditions as are prescribed in the regulations, no person shall keep live game or a wolf in captivity for more than ten days. Seizure of animals, cages, etc. (2) Live game or a wolf kept in captivity contrary to this section and any cage, pen, crate, shelter or other enclosure used in connection therewith shall be seized, and, upon conviction of the person in possession or control thereof, becomes the property of the Crown in right of Ontario and may be disposed of by the Minister. Application of section (3) This section does not apply where live game or a wolf is kept in captivity in a zoo operated by a municipality or for scientific or educational purposes in a public institution. R.S.O. 1990, c. G.1, s. 82. Transportation and Export
Export of game by non-residents
83. (1) No non-resident entitled to hunt under a licence shall export more game than the number he or she is authorized to possess by this Act or the regulations or the Migratory Birds Convention Act (Canada) or the regulations made under that Act. Transport of fish or game illegally taken (2) No person shall ship or transport or cause to be shipped or transported, or receive or possess for shipment or transport, fish or game caught, taken or killed in Ontario during the closed season. Transport of game under permit (3) The Minister may issue a permit not inconsistent with any law of Canada to export from Ontario or to transport in Ontario at any time any game, whether dead or alive, upon proof under oath satisfactory to him or her that the game has been lawfully taken. Game export permits (4) The Minister may issue to a non-resident entitled to hunt under a licence a permit not inconsistent with any law of Canada to export from Ontario or to transport in Ontario at any time any animal or bird killed by him or her under the licence upon proof satisfactory to the Minister that the animal or bird has been lawfully taken and upon payment of the fee prescribed in the regulations and any such permit shall be deemed to be a permit mentioned in subsection (3). R.S.O. 1990, c. G.1, s. 83.
Receptacles to be marked
84. No person shall ship or transport or cause to be shipped or transported, or receive or possess for shipment or transport, a receptacle containing game or fish that is not plainly marked on the outside in such a manner as to give a description of the contents and the name and address of the consignee and of the consignor. R.S.O. 1990, c. G.1, s. 84. Procedure
Offence
85. A contravention of this Act or the regulations or of the terms and conditions of a licence is an offence against this Act. R.S.O. 1990, c. G.1, s. 85.
Similar offence on the same day
86. Where in a prosecution under this Act it appears in evidence that more than one offence of the same kind was committed at the same time or on the same day, the court shall in one conviction impose all the penalties at the same time. R.S.O. 1990, c. G.1, s. 86.
Procedure
87. Except where otherwise provided, the Provincial Offences Act applies to all prosecutions under this Act. R.S.O. 1990, c. G.1, s. 87.
Money payment as security for appearance in court
88. (1) The Minister may authorize any officer to collect a money payment as security for appearance in court from any person against whom the officer is about to commence proceedings for an offence against this Act. R.S.O. 1990, c. G.1, s. 88 (1); 1993, c. 27, Sched. Disposition of money payments (2) Where a money payment has been collected under subsection (1) and the person charged does not appear in court, the person may be tried although absent and, upon conviction, whether or not the person has appeared in court, the money payment shall be applied to the payment of any fine imposed and the costs, and the balance, if any, shall be remitted to the person convicted, and, where no conviction is made, the money payment shall be remitted to the person who made it. R.S.O. 1990, c. G.1, s. 88 (2).
Cancellation and revival of licences after conviction
89. (1) Upon the conviction of any person of an offence against this Act or the Ontario Fishery Regulations, any licence, except a licence to hunt, other than a licence to hunt or trap fur-bearing animals, which is held by the person and which is related to the offence, shall be deemed to be cancelled without further action or notice, but the Minister may revive the licence upon such terms and conditions as he or she considers proper. Cancellation and prohibition against issue of licence (2) Upon the conviction of any person of an offence against this Act or under the Forest Fires Prevention Act, the Migratory Birds Convention Act (Canada) or the regulations made under that Act, or under section 180, 219, 220, 221, 430, 432, 433, 434, 436, 442, 443, 444, 445 or 446 of the Criminal Code (Canada) as amended or re-enacted from time to time, committed while using or in possession of a firearm for the purpose of hunting, the court may cancel any licence to hunt, except a licence to hunt or trap fur-bearing animals, issued to such person, and, upon such conviction, the court may order that such person shall not apply for or procure any licence to hunt, except a licence to hunt or trap fur-bearing animals, during the period stated in the order. Idem (3) Upon the conviction of a holder of a licence mentioned in subsection 82 (1) of an offence against section 445 or 446 of the Criminal Code (Canada) committed in respect of live game or a wolf held under the licence, the court may cancel the licence. Idem (4) Upon conviction of any person of an offence against section 19, the court, in addition to making an order under subsection (2), may order that the convicted person shall not apply for or procure a licence to hunt, except upon the successful completion of an examination for applicants for licences. Offence (5) Every person who fails to comply with an order made against him or her under subsection (2) or (3) is guilty of an offence against this Act. R.S.O. 1990, c. G.1, s. 89.
Evidence
90. In prosecutions under this Act in respect of, (a) taking, killing, procuring or possessing game or fish, or any part thereof, the onus is upon the person charged to prove that the game or fish or part thereof was lawfully taken, killed, procured or possessed by the person; (b) hunting or trapping, the possession of a gun, decoy or other implement for hunting or trapping in or near a place that game inhabits or where game is usually found is proof in the absence of evidence to the contrary that the person in possession of it was hunting or trapping, as the case may be; or (c) making of returns by a licensee or an issuer of licences, the production of a return is proof in the absence of evidence to the contrary of the making of such return and the contents thereof. R.S.O. 1990, c. G.1, s. 90.
General penalty
91. Except where otherwise provided, every person who commits an offence against this Act is liable to a fine of not more than $25,000. R.S.O. 1990, c. G.1, s. 91.
Regulations by Minister
93. (1) The Minister may make regulations, 0.1 designating a fur-bearing animal, other than a fisher, fox, lynx, marten, mink or raccoon, as a farmed animal for the purpose of this Act; 1. prescribing the open seasons during which and the terms and conditions upon which any fur-bearing animal may be hunted or trapped or the pelt of any of them may be possessed; 2. prescribing the open seasons during which and the terms and conditions upon which rabbits or black, grey or fox squirrels may be hunted or trapped; 3. setting apart waters for the conservation or propagation of frogs; 4. regulating or prohibiting the placing of huts on ice for the purpose of fishing and regulating their use and requiring and regulating their removal; 5. for the purposes of section 45, designating parts of Ontario as areas in which no person shall act as a guide except under the authority of a licence; 6. designating parts of Ontario as areas in which no non-resident shall hunt deer, elk or moose without employing or being accompanied by a licensed guide. R.S.O. 1990, c. G.1, s. 93 (1); 1996, c. 17, Sched. E, s. 5. Repeal (2) Paragraph 4 of subsection (1) is repealed on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. G.1, s. 93 (2).
Regulations may be limited
94. (1) Regulations may be limited territorially or as to time or otherwise. R.S.O. 1990, c. G.1, s. 94. Classes (2) A class under this Act or the regulations may be defined with respect to any attribute and may be defined to consist of or to include or exclude any specified member whether or not with the same attributes. 1994, c. 27, s. 129 (18). Note: Despite the repeal of the Game and Fish Act by the Statutes of Ontario, 1997, chapter 41, subsection 119 (1), sections 89 and 90 of the Act continue to apply in respect of offences committed before the coming into force of the repeal of the Game and Fish Act. See: 1997, c. 41, ss. 119 (2), 127. ______________ Français