O. Reg. 49/11: Hunting

 

ontario regulation 49/11

made under the

Fish and Wildlife Conservation Act, 1997

Made: March 2, 2011
Filed: March 4, 2011
Published on e-Laws: March 8, 2011
Printed in The Ontario Gazette: March 19, 2011

Amending O. Reg. 665/98

(Hunting)

1. Paragraphs 1 to 4 of section 3 of Ontario Regulation 665/98 are revoked and the following substituted:

1. A person with diplomatic credentials in an embassy, consulate or trade commission of a foreign government who has taken a post in and resides in Ontario.

2. A civilian employee of a service agency attached to the staff of an embassy, consulate or trade commission of a foreign government who has taken a post in and resides in Ontario.

3. A member of the armed forces of a foreign government who is stationed in and resides in Ontario.

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

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

6. A member of the armed forces of Canada whose primary residence is Ontario and is temporarily posted outside of Ontario.

7. A member of the immediate family of persons set out in the paragraphs above who lives with the person in Ontario.

2. Subsection 17 (3) of the Regulation is amended by striking out “with or purchased for the licence or licence tag is attached” and substituting “with the licence or licence tag, and any additional seals purchased for the licence or licence tag, is attached”.

3. (1) Clause 26 (1) (b) of the Regulation is amended by striking out “fall open season” and substituting “open season”.

(2) Subsection 26 (4) of the Regulation is revoked and the following substituted:

(4) Clause (1) (b) does not apply to a person who, during an open season for bear,

(a) hunts small game or wild turkey;

(b) hunts wildlife, other than bear, authorized by a trapping licence on his or her trapline;

(c) hunts moose, deer or elk during an open season for moose, deer or elk that is restricted to the use of bows only and that runs concurrently with the open season for bear; or

(d) is in a tree stand while hunting bear.

4. Clause 29 (1) (c) of the Regulation is amended by striking out “red fox, gray fox, coyote” and substituting “red fox, coyote”.

5. Subsection 29.1 (3) of the Regulation is amended by striking out “to the office” and substituting “to the Minister at the office”.

6. Section 36 of the Regulation is amended by adding the following subsections:

(5) A person authorized to hunt bullfrogs under subsection (2) shall do so only at such times and in such areas as are specified in Table 3 of Ontario Regulation 670/98 (Open Seasons — Wildlife) and subject to such limits as are set out in that table.

(6) A person authorized to hunt snapping turtles under subsection (2) shall do so only at such times and in such areas as are specified in Table 4 of Ontario Regulation 670/98 (Open Seasons — Wildlife) and subject to such limits as are set out in that table.

7. Section 40 of the Regulation is amended by adding the following subsection:

(2.1) An outdoors card accompanied by a farmer’s deer licence tag constitutes a farmer’s licence to hunt deer.

8. Subsection 45 (2) of the Regulation is revoked.

9. Subsection 48 (1) of the Regulation is amended by striking out “to the office” and substituting “to the Minister at the office”.

10. Subsection 52.1 (3) of the Regulation is amended by striking out “to the office” and substituting “to the Minister at the office”.

11. Subsection 52.2 (3) of the Regulation is amended by striking out “to the office” and substituting “to the Minister at the office”.

12. Subsection 54 (5) of the Regulation is amended by striking out “flint-lock or percussion cap muzzle-loading guns” in the portion before clause (a) and substituting “muzzle-loading guns”.

13. Subsection 55 (4) of the Regulation is revoked and the following substituted:

(4) A person who bears a permission to hunt moose in the area and during the open season specified in item 1.1 of Table 8 of Ontario Regulation 670/98 (Open Seasons — Wildlife) made under the Act shall complete the questionnaire provided with the permission and return it to the Minister at the office of the Ministry specified in the questionnaire before the fourth Friday in October in the year the permission was provided.

14. Subsection 59 (2) of the Regulation is amended by striking out “to the office” and substituting “to the Minister at the office”.

15. (1) Subsection 67 (2) of the Regulation is amended by striking out “greater calibre or projectile power than the rifle known as a .22-calibre rim-fire rifle” and substituting “greater muzzle energy than 400 foot-pounds”.

(2) Subsection 67 (3) of the Regulation is revoked.

16. Section 68 of the Regulation is amended by striking out “flint-lock or percussion cap muzzle-loading guns” and substituting “muzzle-loading guns”.

17. The Table to section 69 of the Regulation is amended by striking out “flint-lock or percussion cap muzzle-loading gun” wherever it occurs and substituting in each case “muzzle-loading gun”.

18. Subsection 77 (1) of the Regulation is revoked and the following substituted:

(1) A person hunting small game, when in an area during an open season in the area for a species of big game, shall not possess or use,

(a) a rifle of greater muzzle energy than 400 foot-pounds; or

(b) shells loaded with ball or shot larger than number two shot.

19. Section 78 of the Regulation is revoked and the following substituted:

78. A person hunting small game shall not carry or use a rifle of greater calibre than the rifle known as a .275-calibre rifle, except a muzzle-loading rifle, in the geographic areas described in Schedule 4 to Part 8 of Ontario Regulation 663/98 (Area Descriptions) made under the Act.

20. Subparagraph 1 ii of subsection 86 (1) of the Regulation is amended by striking out “74, 76 and 79” at the end and substituting “74 and 76”.

21. Section 109 of the Regulation is amended by adding the following subsection:

(3) The holder of a licence to hunt who is travelling through Long Point Provincial Park on his or her way to hunt in the area described in Schedule 4 to Part 3 of Ontario Regulation 663/98 (Area Descriptions) made under the Act or while returning from hunting in the area, may possess,

(a) a firearm that is kept unloaded and encased; and

(b) if returning from the area, wildlife that was harvested in the area in accordance with his or her licence.

22. Subsection 120 (2) of the Regulation is amended by striking out “to the office” and substituting “to the Minister at the office”.

23. Subsection 123 (3) of the Regulation is amended by striking out “shall hunt” and substituting “may hunt only”.

24. Section 124 of the Regulation is revoked and the following substituted:

124. The holder of a small game licence may hunt in Beaver Meadow Hunting Area or Camden Lake Hunting Area if the person enters and leaves the hunting area through the designated parking area.

25. This Regulation comes into force on the later of July 1, 2011 and the day it is filed.