O. Reg. 545/17: FISH LICENSING

 

ontario regulation 545/17

made under the

Fish and Wildlife Conservation Act, 1997

Made: December 13, 2017
Filed: December 18, 2017
Published on e-Laws: December 18, 2017
Printed in The Ontario Gazette: January 6, 2018

Amending O. Reg. 664/98

(FISH LICENSING)

1. The heading immediately before section 1 of Ontario Regulation 664/98 is revoked and the following substituted:

Interpretation

2. (1) The definition of “e-licence” in section 1 of the Regulation is revoked.

(2) Section 1 of the Regulation is amended by adding the following definitions:

“licence summary” means the document referred to in section 11;

“outdoors card” means the outdoors card issued by the Minister under section 3;

(3) The definition of “validation tag” in section 1 of the Regulation is revoked.

3. The Regulation is amended by adding the following section:

1.1 The following persons shall be deemed to be residents for the purposes of this Regulation:

1. A member of the RCMP or armed forces of Canada who is stationed in Ontario and has resided in Ontario for at least one month.

2. A civilian employee of the RCMP or armed forces of Canada who is stationed in Ontario and has resided in Ontario for at least one month.

3. A member of the immediate family of a person set out in paragraphs 1 and 2 who has resided in the residence of the person in Ontario for at least one month.

4. Sections 2 to 17 of the Regulation are revoked and the following substituted:

Outdoors Cards

2. (1) A person shall not be issued a licence to engage in sport fishing unless he or she holds an outdoors card issued under section 3.

(2) Despite subsection (1), a person does not require an outdoors card in order to be issued a sport fishing licence if the person is applying for,

(a) a sport fishing licence that is to be valid for only one day; or

(b) a guest sport fishing licence.

(3) For greater certainty, a person who holds a document that is deemed to be a sport fishing licence under sections 13 to 17 or who is deemed to hold a sport fishing licence under section 18.1 is not required to obtain an outdoors card.

3. (1) The Minister may issue an outdoors card to,

(a) a resident or Canadian resident who is at least 16 years of age; or

(b) a non-Canadian resident of any age.

(2) A fishing outdoors card that was issued before November 23, 2018 shall continue to be valid until it expires.

4. An outdoors card is valid from the day it is issued and expires on the date specified on the card.

5. (1) A person who is required to hold an outdoors card in order to obtain a licence to engage in sport fishing shall carry the outdoors card on his or her person at all times while sport fishing, regardless of whether the sport fishing licence is listed on the card.

(2) Despite subsection (1), a person who has applied for an outdoors card and whose licence summary has been updated to indicate that the outdoors card has been issued, but who has not yet received the card from the Ministry by mail or otherwise, may engage in sport fishing without the outdoors card so long as he or she carries his or her updated licence summary on his or her person. 

(3) On request of a conservation officer, a person who holds an outdoors card shall produce it and show it to the officer.

6. (1) The holder of an outdoors card shall notify the Minister of any change in name, address, contact information or residency no later than 10 days after the change occurs.

(2) A resident who becomes a non-resident or a Canadian resident who becomes a non-Canadian resident shall not use an outdoors card that he or she was issued while a resident or Canadian resident, as the case may be, to obtain a sport fishing licence for which the holder is no longer eligible as a result of the change in residency.

7. (1) A person shall not apply for or possess more than one outdoors card if they have different card numbers.

(2) A person may possess more than one outdoors card if the cards bear the same number.

8. A person who holds an outdoors card and whose licence is cancelled or suspended by a court order under section 104 or 105 of the Act shall immediately return the outdoors card to the Ministry if the Ministry requests it.

Licences

9. (1) A sport fishing licence authorizes a person to engage in sport fishing subject to this Part.

(2) The following special classes of sport fishing licences are recognized for the purposes of this Part:

1. A conservation fishing licence that authorizes the licence holder to engage in sport fishing subject to such limits as are described in the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada).

2. A promotional sport fishing licence that authorizes the licence holder to engage in sport fishing during the period described in section 16.

3. A guest sport fishing licence that is issued by the Minister to a foreign diplomat stationed in Ontario, a member of the diplomat’s family or staff, a foreign dignitary or journalist visiting Ontario or any person visiting Ontario who, in the Minister’s opinion, has an equivalent stature and should be issued a guest sport fishing licence.

10. (1) Subject to subsections (4) to (6) and sections 13, 14, 15, 16, 17 and 18.1, a sport fishing licence shall consist of a licence summary that lists the sport fishing licence.

(2) Despite subsection (1), the Minister may list a person’s sport fishing licence directly on the person’s outdoors card if the person applies for the sport fishing licence at the same time as the person applies for an outdoors card and in such a case, the outdoors card shall constitute the sport fishing licence.

(3) If a sport fishing licence is issued as a conservation fishing licence, that fact shall be indicated on the licence summary or the outdoors card, as the case may be.

(4) In the circumstances set out in section 18.2 and 18.4, a sport fishing licence shall consist of either a licence summary or an outdoors card that lists the appropriate type of fishing licence, together with a tag.

(5) A guest sport fishing licence shall consist of a document in the form determined by the Minister.

(6) A sport fishing licence that was issued before November 23, 2018 and that consists of a document in a form not permitted under this section shall nonetheless continue to be valid after that date until the expiry date set out in the licence. 

11. (1) A licence summary is a document that lists various sport fishing licences, including a conservation fishing licence, that a person may hold at any given time together with various hunting licences that the person may hold under Ontario Regulation 665/98 (Hunting) made under the Act.

(2) The licence summary is issued by the Ministry online by accessing the Government of Ontario’s website, through a person who is authorized to issue licences on the Minister’s behalf under section 61 of the Act or by such other means as the Minister determines.

(3) Each time a person is issued a new sport fishing licence or hunting licence, the Ministry shall issue an updated version of the licence summary to the person.

12. Despite subsection 64 (1) of the Act, the Minister may issue a sport fishing licence to a non-Canadian resident who is under 16 years of age.

13. (1) A person who is a resident or a Canadian resident and who is either under the age of 18 years or over the age of 65 years may engage in sport fishing if the person has a document referred to in subsection (2) and carries it on his or her person while sport fishing.

(2) Any licence, permit, certificate or identification card that is issued by the Government of Canada or a provincial or territorial government of Canada to a person described in subsection (1) and that indicates the person’s name and date of birth is deemed to be a sport fishing licence for the purposes of this Regulation.

14. (1) A person who has been issued a an accessible parking permit under the Highway Traffic Act may engage in sport fishing if he or she carries on his or her person while sport fishing,

(a) the permit; or

(b) a black and white photocopy or a black and white printed version of an electronic copy of the permit together with any licence, permit certificate or identification card issued by the Government of Canada or a provincial or territorial government of Canada that indicates the person’s name and date of birth.

(2) A person who has been issued a national identity card by the Canadian National Institute for the Blind may engage in sport fishing if he or she carries the card on his or her person while sport fishing.

(3) A person who requires the direct assistance of another person to fish and to follow applicable laws in respect of fishing due to a disability as defined in the Accessibility for Ontarians with Disabilities Act, 2005 may engage in sport fishing if while sport fishing,

(a) he or she carries on his or her person a licence, permit certificate or identification card issued by the Government of Canada or a provincial or territorial government of Canada that indicates the person’s name and date of birth; and

(b) he or she is accompanied by another person.

(4) Any document that a person is required to carry on their person while sport fishing under subsection (1), (2) or (3) is deemed to be a sport fishing licence for the purposes of this Regulation.

15. (1) A non-Canadian resident under the age of 18 who is attending an organized camp in Ontario is authorized to engage in sport fishing if he or she has a government issued photo identification, or a photocopy of that identification, accompanied by a camp identification card issued by the camp and carries it on his or her person while sport fishing.

(2) For the purposes of subsection (1), the government issued photo identification, or the photocopy of that identification, together with the camp identification card issued by the camp is deemed to be a conservation fishing licence, subject to the conservation fishing licence limits set out in the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada).

(3) A camp identification card referred to in subsections (1) and (2) shall include the name and location of the organized camp, the camper’s name and date of birth and dates the camper is staying at the camp.

(4) For the purposes of this section,

“organized camp” means a camp for youth under 18 years of age operated for recreational or educational purposes which provides accommodation and meals for a minimum of five campers at a time.

16. (1) The Minister may issue a promotional sport fishing licence that authorizes all residents and Canadian residents, or such residents and Canadian residents as are specified in the licence, to engage in sport fishing for a period of up to nine days, as specified in the licence.

(2) A promotional sport fishing licence may be limited to such areas as are specified in the licence and subject to such conditions as are specified in the licence.

(3) A promotional sport fishing licence is subject to the conservation fishing licence limits set out in the Ontario Fishery Regulations, 2007 made under the Fisheries Act (Canada).

(4) A person who is fishing under the authority of a promotional sport fishing licence during the days and in the area specified in the licence shall carry on his or her person while sport fishing a licence, permit certificate or identification card issued by the Government of Canada or a provincial or territorial government of Canada that indicates the person’s name and date of birth.

17. (1) A regular fishing licence or a conservation fishing licence issued to a resident of Manitoba in accordance with the laws of Manitoba is deemed to be a sport fishing licence or a conservation fishing licence, as the case may be, issued in Ontario, for the purposes of sport fishing in the following Ontario lakes:

1. Garner Lake (50° 48'N., 95° 11'W.).

2. Davidson Lake (50° 21'N., 95° 09'W.).

3. Ryerson Lake (50° 23'N., 95° 09'W.).

4. Mantario Lake (49° 95'N., 95° 10'W.).

5. Frances Lake (51° 43'N., 95° 08'W.).

6. Moar Lake (52° 00'N., 95° 07'W.). 

7. High Lake  (49° 42'N., 95° 08'W.).

(2) A resident of Quebec who is authorized to sport fish in accordance with the laws of Quebec is deemed to be the holder of a sport fishing licence for the purpose of sport fishing in the following Ontario waters:

1. The Ottawa River (45º 34'N., 74º 23'W.) lying south of the dam situated in Temiscamingue, Quebec.

2. Lake St. Francis (45º 08'N., 74º 25'W.) and the waters of the St. Lawrence River lying between the easterly side of the dam at the site of the Robert H. Saunders Generating Station and the interprovincial boundary between Ontario and Quebec.

3. Lake Timiskaming (47º 20'N., 79º 30'W.).

4. Clarice Lake (48º 20'N., 79º 32'W.).

5. Labyrinth Lake (48º 14'N., 79º 31'W.).

6. Raven Lake (48º 03'N., 79º 33'W.).

Licence Terms and Conditions

18. A sport fishing licence is valid for the period of time specified in the licence not exceeding three years.

18.1 (1) A non-Canadian resident who is under 18 years of age and who is fishing with the holder of a sport fishing licence shall be deemed to hold a sport fishing licence.

(2) Any fish caught by a non-Canadian resident fishing under a deemed licence under subsection (1) shall be included in the quota of the licence holder with whom the non-Canadian resident is fishing.

18.2 (1) A sport fishing licence issued to a non-Canadian resident is not valid for sport fishing in Lake St. Joseph, located in the area of latitude 51° 05'N and longitude 90° 35'W, unless a tag authorizing sport fishing in that location accompanies the licence. 

(2) A licence holder who is issued a tag under this section shall carry the tag on his or her person while sport fishing. 

 18.3 A sport fishing licence issued to a non-Canadian resident is deemed to be a conservation fishing licence and subject to the conservation fishing licence limits set out under the Ontario Fishery Regulations, 2007 if the licence holder is camping on Crown land located in,

(a) fisheries management zone 2, 4 or 6; or

(b) fisheries management zone 5, except in the area designated as Part 1 on a plan known as Regulation Plan of the Border Waters Area in Fisheries Management Zone 5 filed on December 5, 2013 with the Office of the Surveyor General of Ontario in the Ministry.

18.4 (1) A sport fishing licence is not valid for catching and retaining lake trout taken by angling from any of the following waters of Lake of the Woods unless the licence holder has been issued a tag authorizing it:

1. Echo Bay (49° 39'N., 94° 50'W.).

2. Clearwater Bay (49° 42'N., 94° 45'W.), including Deception Bay (49° 42'N., 94° 48'W.), Woodchuck Bay (49° 41'N., 94° 52'W.) and Kendal Inlet (49° 44'N., 94° 39'W.).

3. Cul de Sac Lake (49° 38'N., 94° 50'W.). 

(2) The tag shall not be issued to a licence holder unless he or she files an application with the Minister and his or her name is selected in a draw conducted by the Minister. 

(3) A person shall not submit more than one application or possess more than one tag described in this section in a year. 

(4) A licence holder who is issued a tag under this section shall carry the tag on his or her person while sport fishing. 

(5) A licence holder who catches and retains a lake trout from the waters referred to in subsection (1) shall attach the seal provided with the tag to the lower jaw of the lake trout immediately after catching it at the site where it was caught, and shall keep the seal attached to the lake trout while it is being transported and until it is consumed. 

18.5 (1) No person shall catch leeches for use as bait in fishing unless the person is the holder of a resident sport fishing licence, a Canadian resident sport fishing licence or a commercial bait licence.

(2) No holder of a resident or Canadian resident sport fishing licence shall catch leeches for use as bait in fishing unless the holder does so by means of a single leech trap that,

(a) does not exceed 45 centimetres in any dimension; and

(b) is legibly marked with the holder’s name.

5. Section 35 of the Regulation is revoked and the following substituted:

35. Subject to section 18, a licence under this Regulation expires on the date specified on it or, if no date is specified, on December 31 next following the date of its issue.

Commencement

6. This Regulation comes into force on the later of November 23, 2018 and the day it is filed.