O. Reg. 20/20: HUNTING

 

ontario regulation 20/20

made under the

Fish and Wildlife Conservation Act, 1997

Made: February 20, 2020
Filed: February 24, 2020
Published on e-Laws: February 24, 2020
Printed in The Ontario Gazette: March 14, 2020

Amending O. Reg. 665/98

(HUNTING)

1. (1) The definition of “controlled calf moose harvest management unit” in subsection 1 (1) of Ontario Regulation 665/98 is amended by striking out “unit 48” and substituting “unit 37, 40, 41, 42, 47, 48”.

(2) The definition of “controlled calf moose harvest management unit” in subsection 1 (1) of the Regulation is revoked.

2. Subsection 15 (1) of the Regulation is revoked and the following substituted:

(1) A validation certificate validates a tag so as to authorize the certificate holder to hunt and use his or her tag in circumstances not otherwise authorized by the tag alone.

3. Subsection 16 (1) of the Regulation is revoked and the following substituted:

(1) A licence holder or person otherwise authorized to hunt under this Regulation shall ensure that every component of his or her licence and any other document the person is required to carry while hunting under this Regulation remain intact and legible.

4. Section 21 of the Regulation is revoked and the following substituted:

21. If a validation certificate is a component of a licence, after an animal is killed under the licence, the holder of the licence shall keep the validation certificate on his or her person until such time as the animal has been transported from the site of the kill to the site of processing and is being prepared for long-term storage.

5. (1) Paragraphs 1 and 2 of subsection 23 (2) of the Regulation are revoked and the following substituted:

1. A licence to hunt moose.

(2) Paragraph 3 of subsection 23 (2) of the Regulation is amended by striking out “paragraph 2 of”.

(3) Subsection 23 (3) of the Regulation is revoked and the following substituted:

(3) The Minister may issue a deer tag that authorizes a person to hunt antlerless deer in a wildlife management unit to an applicant under subsection (1) if it is an additional deer tag available for the unit in accordance with subsection 37 (5).

6. (1) Subsection 24.5 (1) of the Regulation is revoked and the following substituted:

(1) A person shall not hunt moose in a party with a person who has received a moose tag as a registered guest of a tourist outfitter unless the person is also a registered guest of the same tourist outfitter.

(2) Subsection 24.5 (4) of the Regulation is amended by striking out “Item 3” and substituting “Item 4”.

7. Subsection 28 (3) of the Regulation is amended by striking out “and” at the end of clause (a) and substituting “or”.

8. Sections 43 and 44 of the Regulation are revoked and the following substituted:

43. (1) A licence to hunt moose shall consist of,

(a) a licence summary that lists the moose licence together with a moose tag; or

(b) a licence summary that lists the moose licence, if the person is hunting in a party in accordance with Part III with at least one other person who holds a valid moose tag.

(2) A licence to hunt referred to in clause (1) (a) is only valid if the moose tag is also listed on the person’s licence summary.

(3) A licence to hunt moose authorizes the holder of the licence to hunt calf moose, cow moose or bull moose as specified on the moose tag, in the area specified on the moose tag and in accordance with the conditions specified on the moose tag.

(4) For greater certainty, subsection (3) applies to a licence holder whether the moose tag is part of his or her licence or is part of the licence held by another hunter who is hunting in a party with the licence holder.

9. (1) Subsections 46 (1) and (2) of the Regulation are revoked and the following substituted:

(1) A tourist outfitter may apply to the Minister for moose tags on behalf of their registered guests, both residents and non-residents.

(2) A tourist outfitter shall not provide a moose tag obtained from the Minister to a person who is not a registered guest of that tourist outfitter.

(2) Subsection 46 (3) of the Regulation is amended by striking out “validation certificate” and substituting “moose tag”.

(3) Subsection 46 (4) of the Regulation is amended by adding “and” at the end of clause (b) and by revoking clauses (c) and (d) and substituting the following:

(c) if the registered guest is issued a moose tag by the tourist outfitter,

(i) the type of moose tag provided, and

(ii) the wildlife management unit for which the moose tag is valid.

(4) Section 46 of the Regulation is amended by adding the following subsections:

(6) A registered guest of a tourist outfitter who has received a tag from the tourist outfitter or who is hunting in a party with a person who has received a tag from the tourist outfitter shall carry documentation demonstrating that he or she is a registered guest of the tourist outfitter at all times while hunting and produce the documentation at the request of a conservation officer.

(7) The documentation referred to in subsection (6) shall be in the format established by the Minister.

(8) A person shall not make a false statement in a document referred to in subsection (6).

10. (1) The heading before section 47 of the Regulation is revoked and the following substituted:

Restrictions and Requirements on Resident Licences

(2) Section 47 of the Regulation is revoked.

11. (1) Subsection 48 (1) of the Regulation is revoked and the following substituted:

(1) A resident who holds a licence to hunt moose shall not hunt moose on private land in wildlife management unit 65 unless the resident has on his or her person the written consent of the owner of the private land on a form provided for that purpose by the Ministry.

(2) Subsection 48 (2) of the Regulation is amended striking out “private property” and substituting “private land”.

12. Subsection 49 (1) of the Regulation is amended by striking out “Item 3” in the portion before clause (a) and substituting “Item 4”.

13. Section 50 of the Regulation is revoked and the following substituted:

50. (1) A non-resident licence to hunt moose authorizes the holder of the licence to hunt moose only in the following circumstances:

1. Hunting while a registered guest of a tourist outfitter.

2. Hunting in a party with an immediate relative who is a resident and holds a licence to hunt moose together with a valid moose tag.

(2) A non-resident shall not be issued a moose tag unless the non-resident is hunting while a registered guest of a tourist outfitter.

14. (1) Subsection 58 (1) of the Regulation is revoked and the following substituted:

(1) Any person who is issued a tag to hunt a species of game wildlife under this Regulation, and any person who is issued a licence to hunt moose under this Regulation, shall complete a hunter report and submit it to the Minister in accordance with this Part.

(2) Paragraph 1 of subsection 58 (3) of the Regulation is amended by striking out “tag” and substituting “tag or licence, as the case may be”.

(3) Paragraph 5 of subsection 58 (5) of the Regulation is revoked and the following substituted:

5. A person who is issued a licence to hunt moose shall submit the report no later than December 29 in the year during which the licence was valid.

(4) Clause 58 (6) (a) of the Regulation is revoked and the following substituted:

(a) a licence to hunt moose and hunts moose as a registered guest of a tourist outfitter; or

15. (1) Subsection 59 (1) of the Regulation is revoked and the following substituted:

(1) Any resident who is a registered guest of a tourist outfitter and has been issued a moose tag by the tourist outfitter shall submit a hunter report to the tourist outfitter under this section, in addition to complying with any reporting requirements under section 58.

(1.1) Any non-resident who is a registered guest of a tourist outfitter and is licensed to hunt moose, whether or not a moose tag is included as a component of the hunter’s licence, shall submit a hunter report to the tourist outfitter under this section.

(2) Clause 59 (3) (a) of the Regulation is amended by striking out “certificate” and substituting “hunter’s licence”.

(3) Clause 59 (3) (b) of the Regulation is amended by striking out “certificate” and substituting “hunter’s licence”.

16. (1) Subsection 61 (2) of the Regulation is revoked and the following substituted:

(2) A hunter report shall be submitted to the Ministry at the district office of the Ministry that provided the tourist outfitter with the moose tags or that provided the licensed bear operator with validation certificates, as the case may be, or in such other manner as may be permitted by the Minister.

(2) Clause 61 (3) (a) of the Regulation is amended by striking out “certificate” and substituting “hunter’s licence”.

17. Section 77 of the Regulation is amended by adding the following subsection:

(1.1) Subsection (1) does not apply to,

(a) a person hunting small game if the person holds a valid licence for the species of big game that has an open season in the area and at the time the person is hunting; or

(b) a person who has a valid licence to hunt wolf or coyote and is hunting wolf or coyote under the authority of that licence.

18. Paragraph 2 of subsection 86 (3) of the Regulation is amended by striking out “items 3 and 4” and substituting “items 4 and 5”.

19. Subsection 129 (2) of the Regulation is revoked.

Commencement

20. (1) Subject to subsection (2), this Regulation comes into force on the later of April 1, 2020 and the day it is filed.

(2) Subsection 1 (2), sections 2 to 6, sections 8 to 16 and sections 18 and 19 come into force on January 1, 2021.