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

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

Bag Limits

 Subject to section 8, no person shall in any area in Canada kill, in any one day, a number of migratory birds of any species that, in the aggregate, exceeds the number specified as the daily bag limit for that area and that species in Schedule I.

  • SOR/79-544, s. 3;
  • SOR/2000-331, s. 3.

 Any person who hunts in more than one province or area in any one day, may kill in that day a number of migratory birds of any species that, in the aggregate, does not exceed the number specified as the daily bag limit in Schedule I for that species in the province or area having the highest daily bag limit of those provinces or areas in which the person hunts.

  • SOR/79-544, s. 3.

 No person shall hunt migratory birds in any day after he has killed the number of birds he is permitted to kill under section 7 or 8.

  • SOR/2000-331, s. 3.

Possession

  •  (1) No person shall have in his possession in a province or any area within a province on the first day of the open season set out in Schedule I for that province or area, carcasses of migratory birds of any species in excess of the number specified as the daily bag limit in Schedule I for that species in that province or that area.

  • (2) No person shall have in his possession in any province at any time, carcasses of migratory birds of any species in excess of the number specified as the possession limit in Schedule I for that species in that province unless that person has

    • (a) an export permit certifying that those carcasses were lawfully taken in another province, or

    • (b) a valid licence for hunting migratory birds issued by another province,

    and the number of carcasses does not exceed the possession limit for that species in the province that issued the export permit or licence, as the case may be.

  • (3) No person shall have in his possession in any province a carcass of a migratory game bird belonging to or taken by another person unless the carcass has attached to it a tag that is signed by the holder of the migratory game bird hunting permit under which the bird was taken and that indicates

    • (a) the name and address of the owner;

    • (b) the number of the migratory game bird hunting permit under which the bird was taken; and

    • (c) the date the bird was taken.

  • (4) Notwithstanding subsections (1) and (2), a corporation that trains dogs as retrievers may, for the purpose of that training, have in its possession not more than 200 carcasses of migratory game birds.

  • (4.1) Subsection (3) does not apply to a corporation referred to in subsection (4).

  • (5) Subsection (2) does not apply to a person acting under the authority of a permit issued pursuant to section 25 or 26.

  • SOR/79-544, s. 4;
  • SOR/82-703, s. 4;
  • SOR/99-393, s. 1;
  • SOR/2000-331, s. 3.
  •  (1) Subject to subsection (2), no person shall possess or transport a migratory bird unless at least one fully feathered wing is attached to the bird.

  • (2) The wing and the plumage thereon may be removed from a migratory bird

    • (a) when the bird is prepared for immediate cooking; or

    • (b) after the bird is taken to the residence of its owner for preservation.

  • SOR/79-544, s. 5(F);
  • SOR/2000-331, s. 3.

Sale, Gift or Purchase

[SOR/95-432, s. 1]
  •  (1) No person shall sell, expose for sale, offer for sale, trade, barter or buy migratory birds or the eggs, nests, carcasses or skins of migratory birds, except as authorized by these Regulations.

  • (2) Subsection (1) does not apply to a person acting under authority of a special permit in writing from the Minister.

  • SOR/2005-198, s. 2.
  •  (1) Subject to subsection (2), a person may possess, purchase, sell, barter or transport the feathers of migratory game birds for the purpose of making fishing flies, bedding, clothing or other similar uses if the feathers so used were obtained under the authority of a valid migratory game bird hunting permit.

  • (2) No person shall purchase, sell, barter or offer to purchase, sell or barter the feathers of migratory birds for millinery or ornamental use.

  • SOR/85-694, s. 3;
  • SOR/86-534, s. 3(E);
  • SOR/2000-331, s. 3.

 A person may give a migratory game bird to another person for the purpose of mounting or human consumption, or for the purpose of training dogs as retrievers, if the bird was killed under the authority of a migratory game bird hunting permit.

  • SOR/95-432, s. 2.

Shipment

  •  (1) No person shall ship, transport or offer for shipment or transport a package or container of any kind that contains a migratory bird or a nest or egg thereof unless the exterior of the package or container is clearly marked with the name and address of the shipper, the number of any permit under which the birds, nests or eggs were taken and an accurate statement of the contents of the package or container.

  • (1.1) Subsections (1) and 10(3) do not apply to a person travelling in a private conveyance who is transporting the carcass of a migratory game bird that he or another occupant of the private conveyance has taken under the authority of a migratory game bird hunting permit.

  • (2) Subject to subsection (1), no person shall ship or transport carcasses of migratory birds taken under the authority of a migratory game bird hunting permit unless

    • (a) those birds were taken under a migratory game bird hunting permit in the open season specified for that species and that province in Schedule I;

    • (b) those birds are transported during the open season or within five days after its termination; and

    • (c) the number of those birds does not exceed the number specified in Schedule I as the possession limit for that species in that province.

  • (3) No person shall traffic between Canada, or the exclusive economic zone of Canada, and the United States in migratory birds, or the nests or eggs of migratory birds, that have been captured, killed, taken or shipped contrary to the laws applicable to the area in Canada, the exclusive economic zone of Canada or the United States in which those birds, nests or eggs were captured, killed, taken or shipped.

  • SOR/80-577, s. 5;
  • SOR/84-561, s. 1;
  • SOR/2004-138, s. 1(F);
  • SOR/2005-198, s. 3;
  • SOR/2006-136, s. 1;
  • SOR/2007-140, s. 1(F).

Bait Restrictions

  •  (1) Subject to section 23.3, no person shall hunt for migratory game birds within 400 m of any place where bait has been deposited unless the place has been free of bait for at least seven days.

  • (2) [Repealed, SOR/93-431, s. 2]

  • (3) Subject to section 23.3, no person shall deposit bait in any place during the period beginning 14 days before the first day of the open season for that place and ending on the day immediately following the last day of the open season for that place, unless the person, at least 30 days prior to depositing the bait,

    • (a) obtains the consent in writing of

      • (i) every landowner and lessee or tenant whose land is located within 400 metres of that place,

      • (ii) the Regional Director, and

      • (iii) the chief game officer of a province or any game officer of the province authorized by him to act on his behalf; and

    • (b) posts in that place signs of a type and wording satisfactory to, and in a location designated by, the Regional Director.

  • (4) A consent obtained pursuant to paragraph (3)(a) is valid only in respect of the open seasons in respect of which it was obtained.

  • (5) Subsection (3) does not apply to the holder of a permit referred to in section 19 or 20 who places bait

    • (a) in a confined area specified in his permit, or

    • (b) at a distance of not less than 400 metres from an area where the hunting of migratory birds is permitted

    for the sole purpose of feeding migratory birds lawfully in his possession.

  • (6) For the purpose of subsection (1), any area

    • (a) of standing crops, whether flooded or not,

    • (b) of harvested crop land that is flooded,

    • (c) where crops are properly shocked in the field where they grow, or

    • (d) where grain is scattered solely as a result of normal agricultural or harvesting operations

    shall not be regarded as a place where bait has been deposited.

  • (7) [Repealed, SOR/81-641, s. 2]

  • SOR/78-490, s. 3;
  • SOR/79-544, s. 6;
  • SOR/80-577, s. 6;
  • SOR/81-641, s. 2;
  • SOR/93-431, s. 2;
  • SOR/99-147, s. 3;
  • SOR/2001-323, s. 2.
 
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