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ontario regulation 54/10

made under the

fish and wildlife conservation act, 1997

Made: February 24, 2010
Filed: March 2, 2010
Published on e-Laws: March 3, 2010
Printed in The �������� Gazette: March 20, 2010

Amending O. Reg. 665/98

(Hunting)

1. Subsection 1 (1) of �������� Regulation 665/98 is amended by adding the following definition:

“geographic area” means a geographic area within the meaning of �������� Regulation 180/03 (Division of �������� into Geographic Areas) made under the Territorial Division Act, 2002;

2. (1) Subsection 2 (3) of the Regulation is amended by striking out “to hunt deer, moose, bear or small game”.

(2) Subsection 2 (6) of the Regulation is amended by striking out “the county, territorial district, regional municipality or district municipality” and substituting “the geographic area”.

3. Section 8 of the Regulation is amended by striking out “to hunt deer, moose, bear or small game or a licence to hunt raccoon at night or wild turkey” in the portion before clause (a).

4. Section 18 of the Regulation is amended by striking out “moose, deer, bear or wild turkey or the holder of a small game licence and a wolf/coyote seal” and substituting “game wildlife that requires a seal under section 17”.

5. Section 20 of the Regulation is amended by striking out “moose, deer, bear or wild turkey or a holder of a small game licence and a wolf/coyote seal” and substituting “game wildlife that requires a seal under section 17”.

6. Section 21 of the Regulation is revoked.

7. Section 22.1 of the Regulation is amended by striking out “moose, deer or bear” in the portion before clause (a) and substituting “species of big game”.

8. Subsection 24 (1) of the Regulation is amended by striking out “set out in section 44 or 46” and substituting “referred to in section 44 or 46”.

9. Subsection 36 (3) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (2)”.

10. Subsection 38 (1) of the Regulation is revoked and the following substituted:

(1) A person shall not hunt bullfrogs in the geographic areas described in Schedule 1 to Part 9 of �������� Regulation 663/98 (Area Descriptions) made under the Act.

11. The Regulation is amended by adding the following section immediately after the heading “Part VIII Deer”:

39.1 In this Part,

“controlled deer hunt management unit” means wildlife management unit 53B, 69A-2, 70, 76A, 76B, 76C, 76D, 76E, 77A, 77B, 77C, 78A, 78B, 79A, 79C, 79D, 80, 81A, 81B, 85A, 85B, 85C, 86A, 86B, 87B, 87C, 87D, 87E, 89A, 89B, 90A, 90B, 91A, 91B, 92A, 92B, 92C, 92D, 93A, 93B or 94B.

12. (1) Subsection 46 (1) of the Regulation is amended by striking out “the following wildlife management units: 53B, 69A-2, 70, 76A, 76B, 76C, 76D, 76E, 77A, 77B, 77C, 78A, 78B, 79A, 79C, 79D, 80, 81A, 81B, 85A, 85B, 85C, 86A, 86B, 87B, 87C, 87D, 87E, 89A, 89B, 90A, 90B, 91A, 91B, 92A, 92B, 92C, 92D, 93A, 93B and 94B” and substituting “a controlled deer hunt management unit”.

(2) Subsection 46 (2) of the Regulation is amended by striking out “a wildlife management unit set out in subsection (1)” and substituting “a controlled deer hunt management unit”.

13. Section 50 of the Regulation is amended by adding the following definition:

“controlled calf moose harvest management unit” means wildlife management unit 48, 55A, 55B or 57;

14. (1) Subsection 52.2 (1) of the Regulation is revoked and the following substituted:

(1) The holder of a resident licence to hunt moose shall not hunt calf moose in a controlled calf moose harvest management unit unless the holder,

(a) has a calf moose validation tag for that controlled calf moose harvest management unit; or

(b) hunts in a party under section 22 with a person who has a seal validated for calf moose for that controlled calf moose harvest management unit.

(2) Subsection 52.2 (2) of the Regulation is amended by striking out “in wildlife management unit 48, 55A, 55B or 57” and substituting “in a controlled calf moose harvest management unit”.

(3) Subsection 52.2 (3) of the Regulation is amended by striking out “in wildlife management unit 48, 55A, 55B or 57” and substituting “in a controlled calf moose harvest management unit”.

(4) Subsection 52.2 (4) of the Regulation is amended by striking out “in wildlife management unit 48, 55A, 55B or 57” and substituting “in a controlled calf moose harvest management unit”.

15. (1) Clause 60 (9) (e) of the Regulation is revoked and the following substituted:

(e) return the remaining two copies of each issued certificate with the completed hunter’s report to the district manager or area supervisor of the Ministry for the area in which the certificate was issued on or before December 10 in the year the certificate was issued; and

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

(11) The holder of a bear hunting licence validation certificate shall complete the report on the third copy of his or her certificate and return it to the issuer on or before November 30 of the year in which the certificate was issued.

16. Section 61 of the Regulation is revoked.

17. Section 63 of the Regulation is revoked and the following substituted:

63. (1) The geographic areas described in Schedule 1 to Part 8 of �������� Regulation 663/98 (Area Descriptions) made under the Act are prescribed for the purpose of clause 17 (1) (d) of the Act as parts of �������� in which it is prohibited to have a loaded firearm in, or discharge a firearm in or across, a right of way for public vehicular traffic.

(2) The geographic areas described in Schedule 2 to Part 8 of �������� Regulation 663/98 (Area Descriptions) made under the Act are prescribed for the purpose of clause 17 (1) (d) of the Act as parts of �������� in which it is prohibited,

(a) to discharge a firearm in or across a right of way for public vehicular traffic at any time; and

(b) to have a loaded firearm in a right of way for public vehicular traffic during an open season for deer in the geographic area that is not a season when only bows may be used to hunt deer.

(3) If a right of way is only maintained on a seasonal basis, this section only applies during the period when the right of way is maintained.

18. Section 64 of the Regulation is amended by striking out “the area described in the Table to �������� Regulation 766/94, as that Table read on the day before this Regulation came into force” in the portion before clause (a) and substituting “the areas described in Schedule 3 to Part 8 of �������� Regulation 663/98 (Area Descriptions) made under the Act”.

19. (1) Subsection 65 (1) of the Regulation is revoked and the following substituted:

(1) A person shall not possess a loaded firearm for the purpose of hunting,

(a) on a right of way for public vehicular traffic; or

(b) on land located between a right of way for public vehicular traffic and a fence that demarcates the boundary between the right of way and the adjoining land.

(2) Subsection 65 (3) of the Regulation is revoked and the following substituted:

(3) This section applies only to,

(a) the geographic areas described in Schedule 1 to Part 8 of �������� Regulation 663/98 (Area Descriptions) made under the Act; and

(b) the geographic areas described in Schedule 2 to Part 8 of �������� Regulation 663/98 (Area Descriptions) made under the Act, during an open season for deer in the geographic area that is not a season when only bows may be used to hunt deer.

(4) If a right of way is only maintained on a seasonal basis, this section only applies during the period when the right of way is maintained.

20. Subsections 67 (1) and (2) of the Regulation are revoked and the following substituted:

(1) A person shall not possess any shotgun shell loaded with ball or with shot larger than number two shot while hunting with a shotgun in wildlife management unit 7A during the period from August 15 to December 15 in any year.

(2) A person shall not hunt with or possess while hunting a rifle of greater calibre or projectile power than the rifle known as a .22-calibre rim-fire rifle in wildlife management unit 7A during the period from August 15 to December 15 in any year.

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

78. The holder of a small game licence shall not carry or use a rifle of greater calibre than the rifle known as a .275-calibre rifle, except a flint-lock or percussion cap muzzle-loading rifle, in the geographic areas described in Schedule 4 to Part 8 of �������� Regulation 663/98 (Area Descriptions) made under the Act.

22. Subsection 89 (5) of the Regulation is revoked.

23. Subsection 90 (2) of the Regulation is revoked.

24. (1) Subsection 99 (1) of the Regulation is amended by striking out “a northern bobwhite, ring-necked pheasant or wild turkey” in the portion before clause (a) and substituting “a game bird”.

(2) Subsection 99 (3) of the Regulation is amended by striking out “a northern bobwhite, ring-necked pheasant or wild turkey from his or her” and substituting “a game bird from the”.

25. Subsection 107 (1) of the Regulation is revoked and the following substituted:

(1) Subject to section 114, the holder of a licence to hunt may possess a firearm that is unloaded and encased,

(a) when occupying a campground camp-site, as defined in �������� Regulation 347/07 (Provincial Parks: General Provisions) made under the Provincial Parks and Conservation Reserves Act, 2006 in a provincial park;

(b) while travelling in a vehicle on a road leading directly to or from the campground camp-site; or

(c) while travelling in a vehicle directly through the provincial park.

26. Subsection 130 (2) of the Regulation is amended by striking out “the name and address of the person reporting, the date and location of the killing and any other information” and substituting “the information relevant to the killing”.

27. This Regulation comes into force on the later of July 1, 2010 and the day this Regulation is filed.

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