O. Reg. 37/16: HUNTING

 

ontario regulation 37/16

made under the

Fish and Wildlife Conservation Act, 1997

Made: January 27, 2016
Filed: February 19, 2016
Published on e-Laws: February 19, 2016
Printed in The Ontario Gazette: March 5, 2016

Amending O. Reg. 665/98

(HUNTING)

1. The definition of “small game” in subsection 1 (1) of Ontario Regulation 665/98 is revoked and the following substituted:

“small game” means the wildlife that a resident or non-resident may hunt under subsection 29 (1);

2. Subsection 29.1 (1) of the Regulation is amended by striking out “Despite clauses 28 (1) (d) and 29 (1) (c)” at the beginning and substituting “Despite clause 29 (1) (d)”.

3. Section 50 of the Regulation is amended by striking out the portion before subclause (c) (i) of the definition of “tourist outfitter” and substituting the following:

(c) operates a minimum of four houseboats or charterboats in a wildlife management unit that has an open season for moose and which provide,

. . . . .

4. (1) The definition of “bear management area” in section 56 of the Regulation is amended by striking out “Director of Biodiversity Branch of the Ministry of Natural Resources” and substituting “Director of Species Conservation Policy Branch of the Ministry”.

(2) The definitions of “farm vacation house”, “houseboat” and “tourist operator” in section 56 are revoked.

5. (1) Subsection 59 (2) of the Regulation is revoked and the following substituted:

(2) The holder of a resident licence to hunt bear shall complete one or two questionnaires relating to the hunting activities carried out under that licence in the form established by the Minister and return them to the Minister at the office of the Ministry specified in the questionnaires as follows:

1. If the licence is issued on or before June 15 of any given year, the holder of the resident licence to hunt bear shall complete a spring and a fall questionnaire and return them to the Minister on or before the following times of that year:

i. The spring questionnaire shall be returned on or before August 1.

ii. The fall questionnaire shall be returned on or before December 15.

2. If the licence is issued after June 15 of any given year, the holder of the resident licence to hunt bear shall complete a fall questionnaire and return it to the Minister on or before December 15 of that year.

(2) Subsection 59 (2) of the Regulation, as remade by subsection (1), is revoked and the following substituted:

(2) The holder of a resident licence to hunt bear shall complete the questionnaire relating to the hunting activities carried out under that licence in the form established by the Minister and return it to the Minister at the office of the Ministry specified in the questionnaire by December 15 in the year of the hunt.

6. (1) Subsection 60 (2) of the Regulation is amended by striking out “holder of a bear hunting services licence” in the portion before clause (a) and substituting “holder of a licence to provide bear hunting services”.

(2) Clause 60 (2) (c) of the Regulation is revoked and the following substituted:

(c) at the time of the hunt, has contracted for bear hunting services with the holder of a licence to provide hear hunting services.

(3) Subsection 60 (5) of the Regulation is revoked and the following substituted:

(5) No person shall issue a bear hunting licence validation certificate unless the person is,

(a) an employee of the Ministry authorized to do so; or

(b) a holder of a licence to provide bear hunting services who has received bear hunting licence validation certificates from the Ministry for purpose of issuing the certificates to non-resident hunters and whose signature is on file with the office of the Ministry that provided the certificates.

(4) Subsection 60 (7) of the Regulation is amended by striking out “A holder of the bear hunting services licence” at the beginning and substituting “A holder of a licence to provide bear hunting services”.

(5) Subsection 60 (8) of the Regulation is amended by striking out “A holder of the bear hunting services licence shall not issue a certificate” at the beginning and substituting “A holder of a licence to provide bear hunting services shall not issue a bear hunting licence validation certificate”.

(6) Clause 60 (8) (b) of the Regulation is amended by striking out “holder of the bear hunting services licence” and substituting “holder of a licence to provide bear hunting services”.

(7) Subsection 60 (9) of the Regulation is revoked and the following substituted:

(9) The holder of a licence to provide bear hunting services to whom the Ministry provides bear hunting licence validation certificates for the purpose of issuing the certificates to non-resident hunters shall carry out the following responsibilities:

1. When issuing a certificate, the holder of the licence shall,

i. complete all applicable information on the certificate, and

ii. follow any other instructions from the Ministry that are provided along with the certificates.

2. After a non-resident hunter to whom a certificate is issued returns the completed hunter questionnaire to the holder of the licence in accordance with subsection (11), the holder of the licence shall forward the questionnaire to the office of the Ministry that provided the certificates on or before,

i. August 1 in the year the certificate was issued, in the case of a certificate issued on or before June 15, and

ii. December 15 in the year the certificate was issued, in the case of a certificate issued after June 15.

3. The holder of the licence shall return all unissued, cancelled or void certificates that were provided by the Ministry to the office of the Ministry that provided the certificates on or before,

i. August 1 in the year the certificates were provided, if they were provided on or before June 15, and

ii. December 15 in the year the certificates were provided, if they were provided after June 15.

(8) Paragraph 2 of subsection 60 (9) of the Regulation, as remade by subsection (7), is revoked and the following substituted:

2. After a non-resident hunter to whom a certificate is issued returns the completed hunter questionnaire to the holder of the licence in accordance with subsection (11), the holder of the licence shall forward the questionnaire to the office of the Ministry that provided the certificates on or before December 15 in the year the certificate was issued.

(9) Paragraph 3 of subsection 60 (9) of the Regulation, as remade by subsection (7), is revoked and the following substituted:

3. The holder of the licence shall return all unissued, cancelled or void certificates that were provided by the Ministry to the office of the Ministry that provided the certificates on or before December 15 in the year the certificates were provided.

(10) Subsection 60 (11) of the Regulation is revoked and the following substituted:

(11) The holder of a bear hunting licence validation certificate shall accurately complete the hunter questionnaire in accordance with the directions on the certificate and return the completed questionnaire to the issuer within five days following the last day of the open season for which the certificate was issued.

(11) Subsection 60 (12) of the Regulation is amended by striking out “bear hunting licence validation certificate” and substituting “bear hunting licence tag”.

7. (1) Part X of the Regulation is amended by adding the following sections:

61. (1) A person who holds a licence to hunt bear or a trapping licence shall not shoot or attempt to shoot a cub or a female bear that is accompanied by a cub during any part of an open season for bear specified in Table 2 of Ontario Regulation 670/98 (Open Seasons - Wildlife) made under the Act that falls within May or June in any year.

(2) In this section,

“cub” means a bear born in the year of the hunt.

61.1 (1) A person who places bait for the purpose of bear hunting shall comply with the following requirements:

1. Bait must not be placed within 500 metres of a dwelling, unless written permission is obtained from the owner of the dwelling.

2. Bait must not be placed within 500 metres of a public building.

3. Bait must not be placed within 200 metres of,

i. a right of way for public vehicular traffic, or

ii. a recreational trail that,

A. is established and maintained by an organization for the general public, and

B. is reasonably signposted and marked as a trail.

(2) In this section,

“bait” means any organic matter that may attract bear;

“public building” means any building that is open to the public or to which the public may be admitted, including both commercial and non-commercial establishments.

(2) Section 61 of the Regulation, as made by subsection (1), is revoked.

8. Paragraph 4 of section 131 of the Regulation is amended by striking out “17 to 26” and substituting “17 to 28”.

Commencement

9. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 5 (2), 6 (8) and (9) and 7 (2) come into force on January 1, 2021.