Migratory Birds Regulations (C.R.C., c. 1035)

Regulations are current to 2017-11-06 and last amended on 2016-06-13. Previous Versions

Application

 Any provision of these Regulations that applies to a province, or any part of a province, applies to Canadian waters adjacent to that province or part of that province.

  • SOR/2005-198, s. 1.

Permits

  •  (1) The Minister may issue any permit referred to in Schedule II, and may set out in the permit conditions respecting

    • (a) the species of migratory birds, the periods and the areas;

    • (b) the husbandry, release, scaring, capture, killing or disposal of migratory birds; or

    • (c) any other matter for the conservation of migratory birds.

  • (2) Every person who applies for a permit described in Schedule II shall

    • (a) pay the fee set out in that Schedule for that permit; and

    • (b) in the case of a migratory game bird hunting permit, purchase at the price set out in that Schedule the habitat conservation stamp and affix it in the space provided therefor.

  • (3) Any person who applies for a permit shall, if requested by the Minister, furnish such information in respect of the purpose for which the permit is to be used as the Minister may require.

  • (4) No permit is valid

    • (a) if it is not properly completed;

    • (b) if it is not signed by the person to whom it is issued;

    • (c) if it is used by a person other than the person to whom it was issued; or

    • (d) in the case of a migratory game bird hunting permit, unless it has affixed to it, in the space provided therefor, the habitat conservation stamp

  • (5) The holder of a permit shall comply with every condition set out in the permit.

  • (6) Every person required to hold a migratory game bird hunting permit shall

    • (a) have the permit on his person at all times,

      • (i) while hunting, or

      • (ii) while in possession of a migratory game bird in a place other than his residence; and

    • (b) show the permit to any game officer forthwith upon request.

  • (7) The Minister may

    • (a) refuse to issue a permit to any person;

    • (b) cancel a permit if he has reasonable cause to believe that the person to whom it was issued has failed to comply with any condition set out in the permit; or

    • (c) for propagation or conservation purposes, cancel, amend or suspend any permit.

  • (7.1) The cancellation, amendment or suspension of a permit pursuant to paragraph (7)(c) is made by a written notice sent to the permit holder and giving the reasons therefor.

  • (7.2) A permit that has been cancelled, amended or suspended pursuant to paragraph (7)(c) shall be reissued or revalidated and returned forthwith to the person to whom it was issued

    • (a) when the conditions which led to the cancellation, amendment or suspension have been rectified; or

    • (b) after the expiration of 30 days from the date of the cancellation, amendment or suspension, unless the person to whom the permit was issued has been provided with the opportunity to be heard.

  • (8) Every permit, other than a migratory game bird hunting permit, expires on the expiry date set out in the permit or, where a permit does not contain an expiry date, on December 31st of the year in which it was issued.

  • (9) A migratory game bird hunting permit is in effect

    • (a) for the purposes of hunting migratory birds in accordance with subsection 5(4), until March 10th next following the day it was issued; and

    • (b) for the purposes of killing migratory game birds in accordance with section 23.1, until July 31 of the calendar year in which the date referred to in paragraph (a) occurs.

  • (10) Every permit holder who is required by these Regulations to make a report to the Minister shall, except as otherwise provided therein, make that report within 30 days of the day the permit expires.

  • (11) The holder of a scientific permit or a special permit shall

    • (a) have the permit on his person at all times when

      • (i) attempting to take any migratory bird, nest or egg, and

      • (ii) in possession of any migratory bird, nest or egg; and

    • (b) show the permit to any game officer forthwith upon request.

  • (12) and (13) [Repealed, SOR/81-423, s. 1]

  • SOR/78-490, s. 1;
  • SOR/79-544, s. 1;
  • SOR/80-577, s. 2;
  • SOR/81-423, s. 1;
  • SOR/82-703, s. 2;
  • SOR/85-694, s. 2;
  • SOR/86-534, s. 2;
  • SOR/86-535, s. 1;
  • SOR/2000-88, s. 2;
  • SOR/2003-84, s. 1;
  • SOR/2005-186, s. 2.

General Prohibitions

  •  (1) No person shall hunt a migratory bird except under authority of a permit therefor.

  • (2) Subject to subsection (8), no person shall hunt murres unless the person is a resident of the Province of Newfoundland and Labrador, holds a migratory game bird hunting permit and is hunting murres for human consumption.

  • (3) No person shall hunt a migratory game bird unless he is the holder of a migratory game bird hunting permit.

  • (4) Subject to section 23.1, no person shall in any area described in Schedule I hunt a species of migratory bird except during an open season specified in that Schedule for that area and that species.

  • (5) [Repealed, SOR/79-544, s. 2]

  • (6) Notwithstanding subsection (3),

    • (a) an Indian or Inuk may, in any area in Canada, and

    • (b) a resident of the Northwest Territories who is a holder of a general hunting licence issued under the Wildlife Act of the Northwest Territories may, within the Northwest Territories,

    hunt migratory game birds without a migratory game bird hunting permit.

  • (6.1) [Repealed, SOR/80-577, s. 3]

  • (7) Subsection (4) does not apply to the holder of a permit issued pursuant to section 19.

  • (8) Notwithstanding subsection (4) but subject to subsection (9), an Indian or Inuk may at any time, without a permit, take auks, auklets, guillemots, murres, puffins and scoters and their eggs for human food and clothing.

  • (9) No person shall hunt in a migratory bird sanctuary except

  • (10) Subsections 5(1) and (3) do not apply to an Indian or Inuk.

  • (11) Despite subsections (1) and (3), a minor may hunt the migratory birds referred to in column 2 of Table I of any of Parts I to X of Schedule I, or of Table II of Part I of Schedule I, without a permit during the Waterfowler Heritage Days that are set out in that column if the person

    • (a) is lawfully able to hunt in the province or territory where the hunting will occur; and

    • (b) is accompanied by a migratory game bird hunting permit holder who is not a minor.

  • (12) The permit holder referred to in paragraph (11)(b) must not, during the days referred to in subsection (11),

    • (a) have in their possession or use a firearm while accompanying the minor; and

    • (b) accompany more than two minors at one time.

  • SOR/78-490, s. 2;
  • SOR/79-544, s. 2;
  • SOR/80-577, s. 3;
  • SOR/81-641, s. 1(F);
  • SOR/82-703, s. 3;
  • SOR/94-684, s. 5;
  • SOR/99-147, s. 2;
  • SOR/2000-331, s. 1;
  • SOR/2000-347, s. 2;
  • SOR/2001-234, s. 1;
  • SOR/2005-186, s. 3(E);
  • SOR/2009-190, s. 1;
  • SOR/2013-126, s. 1;
  • SOR/2016-126, s. 2.

 Subject to subsection 5(9), no person shall

  • (a) disturb, destroy or take a nest, egg, nest shelter, eider duck shelter or duck box of a migratory bird, or

  • (b) have in his possession a live migratory bird, or a carcass, skin, nest or egg of a migratory bird

except under authority of a permit therefor.

  • SOR/80-577, s. 4.
 
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