Administered by the Ministry of Natural Resources, the Act governs the lawful hunting and trapping of wildlife (mammals, birds, reptiles, and amphibians) and fish in the province of Ontario and, ultimately, facilitates the conservation and protection of wildlife and the environment they inhabit.
The Act outlines the prohibition of hunting or trapping specially protected species and the requirement for provincially issued licenses for the hunting or trapping of specific animals, birds, reptiles and amphibians. Despite the requirements for a licence to hunt or trap, a farmer is permitted on his own land to hunt or trap some game or furbearing mammals, reptiles or game amphibians without a license during “open season” which is from September 1 through June 30 of the following year.
Dealings with animals and their habitats are detailed in the Act. Specific examples include black bears and their dens (forbidden to intentionally damage or destroy), beaver dams (forbidden to destroy unless the dam threatens one’s property), nests and eggs (forbidden to destroy, take or possess the nests or eggs with the exception of specific birds – crows, grackles, cowbirds, sparrows, starlings, and red-winged blackbirds). Hunting, trapping or possessing wildlife or possessing hunting or trapping equipment within a provincial park or Crown game preserve is prohibited unless authorized to do so.
The Act also prohibits the obstruction of legal hunting, trapping or fishing. Specifically, 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.
The Act details methods and prohibitions that are in place to address safety. Required safety clothing, restrictions on night hunting, prohibitions against carrying loaded hunting firearms, prohibitions against “body-gripping” (i.e., leg hold) traps, poisons and adhesives when hunting, and restrictions on the use of birds of prey, ferrets and, in specific cases, dogs for hunting are some of the areas addressed by the Act.
The Act provides exceptions to hunting license requirements when considering the protection of one’s own property from damage caused by certain species of wildlife. The Act permits a property owner to capture, kill or harass wildlife, excluding white-tailed deer (which requires authorization from the Ministry) moose, caribou, elk, and endangered species, to protect the person’s property, provided the owner has reasonable grounds to believe that the wildlife has damaged or is about to damage their property.
Some wildlife species in Ontario are federally regulated. For example, a landowner of Ontario must have authorization from Environment Canada, under the federal Migratory Birds Convention Act, in order to harass or kill Canada geese in protection of property.
No person shall keep live game wildlife or live specially protected wildlife in captivity except under the authority of a license, with the following exceptions:
(a) a person who keeps game amphibians or game reptiles in captivity for the purpose of personal consumption;
(b) a person who keeps in captivity for the purpose of personal education a single game reptile, game amphibian, specially protected mammal, specially protected reptile, specially protected amphibian or specially protected invertebrate, unless it is listed on an endangered species list;
(c) a person who keeps game wildlife or specially protected wildlife in captivity for any educational or scientific purpose, or for any other purpose, if the person has the authorization of the Minister.
Enforcement of the Act is overseen by conservation officers appointed by the Ministry and also, by virtue of their office, any of the following: First Nations Constables, RCMP, game officers appointed under the federal Migratory Birds Convention Act, and parks wardens designated under the National Parks Act or conservation officers from neighbouring provincial or state jurisdictions if acting under the direction of an appointed provincial conservation officer.