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

Regulations are current to 2016-09-18 and last amended on 2016-06-13. Previous Versions

Hunting Methods and Equipment

  •  (1) Subject to subsections (4) and (5) and section 23.1, no person shall hunt a migratory bird

    • (a) except with a long bow and arrow or with a shotgun not larger than number 10 gauge;

    • (b) by the use or aid of live birds, including non-migratory birds;

    • (c) by the use or aid of recorded bird calls, except as permitted in any part of Schedule I;

    • (d) with a shotgun of any description capable of holding more than three shells unless the capacity of the gun has been reduced to three shells in the magazine and chamber combined, by means of the cutting off or the altering or plugging of the magazine with a one-piece metal, plastic or wood filler that cannot be removed unless the gun is disassembled; or

    • (e) from any aircraft, sailboat, power boat, or motorized vehicle, or any vehicle to which a draught animal is attached.

  • (1.1) Notwithstanding subsection 2(3) and paragraph (1)(e), a person referred to in subsection 5(2) may hunt murres from a power boat.

  • (1.2) Notwithstanding paragraph (1)(e), a mobility-impaired person may hunt from an aircraft, a sailboat, a powerboat or a vehicle referred to in that paragraph if it is stationary and if the person

    • (a) is authorized, under the laws of the province where the hunting occurs, to hunt in a manner described in that paragraph, if those laws provide for such an authorization; and

    • (b) has a medical certificate referred to in subsection (1.3), in any other case.

  • (1.3) The medical certificate must

    • (a) be signed by a medical practitioner lawfully entitled to practise medicine in any province;

    • (b) attest to the person’s impairment of mobility because of a condition that is not temporary in nature and that severely limits the use of their legs, including being paraplegic, being hemiplegic, being dependent on a wheelchair to move about, having prostheses on both legs and having a leg amputated above the knee; and

    • (c) attest that the practitioner is not aware of any medical reason to believe that the person is not capable of operating, in a competent manner, the weapon that they use to hunt.

  • (2) No person shall, while hunting migratory birds, have with him for his own use more than one shotgun at any one time unless each shotgun in excess of one is unloaded and disassembled or unloaded and cased.

  • (3) Subject to subsections (4) and (5), no person shall hunt a migratory bird by the use of a rifle or a shotgun loaded with a single bullet.

  • (4) A resident of the Northwest Territories who is not required to hold a migratory game bird hunting permit may, within the Northwest Territories, hunt a migratory bird by the use of

    • (a) a shotgun, loaded with a single bullet; or

    • (b) a rifle of a calibre of not more than 0.22 inches.

  • (5) A resident of the Province of Quebec who is not required to hold a migratory game bird hunting permit may, within that portion of the Province lying north of the 50th parallel of north latitude, hunt a migratory bird by the use of

    • (a) a shotgun loaded with a single bullet; or

    • (b) a rifle of a calibre of not more than 0.22 inches.

  • (6) Notwithstanding paragraph (1)(a), migratory game birds may be hunted with the aid of raptors in any area of a province that is designated by the province as an area in which persons may hunt with the aid of raptors.

  • (7) [Repealed, SOR/99-147, s. 4]

  • SOR/79-544, s. 7;
  • SOR/82-703, s. 5;
  • SOR/85-694, s. 4;
  • SOR/93-431, s. 3;
  • SOR/98-527, s. 1;
  • SOR/99-147, s. 4;
  • SOR/2000-331, ss. 2, 3;
  • SOR/2002-80, s. 1;
  • SOR/2008-217, s. 1;
  • SOR/2009-255, s. 1.
  •  (1) Subject to subsection (2), no person shall

    • (a) possess, for the purpose of hunting a migratory game bird, except a woodcock, band-tailed pigeon or mourning dove, shot other than non-toxic shot; or

    • (b) hunt a migratory game bird, except a woodcock, band-tailed pigeon or mourning dove, by the use of shot other than non-toxic shot.

  • (2) The exceptions of woodcock, band-tailed pigeon and mourning dove set out in subsection (1) do not apply in

    • (a) any area in which the use of non-toxic shot is required under Schedule I when hunting those species; and

    • (b) the wildlife areas set out in Schedule I to the Wildlife Area Regulations.

  • SOR/90-623, s. 1;
  • SOR/93-432, s. 2;
  • SOR/97-400, s. 2;
  • SOR/2013-126, s. 2.

Retrieving Birds

  •  (1) No person shall hunt a migratory bird unless he has adequate means for retrieving any such bird that he may kill, cripple or injure.

  • (1.1) A person who kills, cripples or injures a migratory bird shall

    • (a) immediately make every reasonable effort to retrieve the bird; and

    • (b) if he retrieves the bird while it is still alive, immediately kill and include it in his daily bag limit.

  • (2) Notwithstanding paragraph 15(1)(e), a power boat may be used for the purpose of retrieving a migratory bird.

  • SOR/79-544, s. 8;
  • SOR/82-703, s. 6;
  • SOR/83-594, s. 1;
  • SOR/2000-331, s. 3.

Restrictions on Hunting

[SOR/82-703, s. 7]

 No person shall hunt a migratory bird

  • (a) north of the 60th parallel of north latitude during the period commencing one hour after sunset on any day and ending one hour before sunrise on the day next following; or

  • (b) south of the 60th parallel of north latitude during the period commencing 1/2 hour after sunset on any day and ending 1/2 hour before sunrise on the day next following.

  • SOR/2000-331, s. 3.

Restrictions with Respect to Sandhill Cranes

 Where, in any calendar year, the Regional Director or chief game officer of a province has reasonable cause to believe that whooping crane may be in any area in the province during the open season for sandhill crane in the area, the Regional Director or chief game officer may, by a notice in writing, prohibit the hunting of sandhill crane in that area during the remainder of the calendar year.

  • SOR/80-577, s. 7;
  • SOR/94-684, s. 5.

Scientific Permits

  •  (1) Notwithstanding subsection 5(3), the holder of a scientific permit may, for scientific or educational purposes,

    • (a) kill a migratory bird,

    • (b) take a migratory bird, its nest or eggs, or

    • (c) capture and band a migratory bird,

    subject to the conditions set out in the permit.

  • (2) A scientific permit may be issued to a person from or to a person acting on behalf of a museum, university, scientific society or government if the application includes a statement from at least two qualified ornithologists recommending that the permit be issued.

  • (3) A person who holds a scientific permit shall,

    • (a) within 30 days from the day the permit expires, make a report in writing to the Minister stating the number of birds of each species and the number of nests and eggs of those birds taken or destroyed by that person;

    • (b) keep a record during the currency of the permit and shall, forthwith on taking or destroying any birds, nest or eggs under the authority of the permit, enter in the record the number of birds of each species or the number of nests or eggs of those birds taken or destroyed, as the case may be; and

    • (c) provide such additional information as the Minister may require.

  • (4) The holder of a scientific permit who is authorized to capture and band a migratory bird may salvage birds found dead, or killed as a result of normal banding operations, and shall dispose of such birds in accordance with the conditions set out in his permit.

  • SOR/80-577, s. 8;
  • SOR/81-641, s. 3.

Avicultural Permit

  •  (1) No person shall

    • (a) buy, sell, possess or transport live migratory birds or their eggs for avicultural purposes except under an avicultural permit issued by the Minister;

    • (b) take migratory birds or their eggs for avicultural purposes, from the wild, except under authority of a permit issued by the Minister; and

    • (c) subject to subsection (2), kill migratory birds that are bought, sold, taken, possessed or transported pursuant to an avicultural permit.

  • (2) The holder of an avicultural permit may kill migratory birds held by him pursuant to his avicultural permit, in any manner except shooting, for consumption by himself or other persons but not for sale or any other purpose.

  • (3) Every person to whom a permit referred to in subsection (1) is issued shall

    • (a) keep books and records that correctly show at all times the following, namely:

      • (i) the number and species of migratory birds in his possession,

      • (ii) the number and species of eggs of migratory birds in his possession, and

      • (iii) full details of all dealings in migratory birds or parts thereof, or their eggs, whether by sale, barter, loan or gift, including the full name and address and the permit number of every person who receives such migratory birds or parts thereof, or their eggs; and

    • (b) on or before January 31st next following the end of each calendar year in which he held a permit referred to in subsection (1), make a report in writing to the Minister in respect of the calendar year for which the permit was issued, stating

      • (i) the number of birds of each species reared by him during that calendar year,

      • (ii) the number of migratory birds of each species killed by him during that calendar year,

      • (iii) the number of live migratory birds of each species and the number of eggs of each species sold by him during that calendar year together with the full name and address and the permit number of each person to whom such birds or eggs were sold,

      • (iv) the number of live migratory birds of each species and the number of eggs of each species purchased by him during that calendar year together with the full name and address and the permit number of each person from whom such birds or eggs were purchased,

      • (v) the number of live migratory birds of each species and the number of eggs of each species given away by him gratuitously during that calendar year together with the full name and address and the permit number of each person to whom such birds or eggs were given,

      • (vi) the number of live migratory birds of each species and the number of eggs of each species in his possession at the end of that calendar year, and

      • (vii) such other information as the Minister may require.

  • (4) No person shall release into the wild a migratory bird held under the authority of an avicultural permit unless authorized by the Minister.

  • SOR/79-544, s. 9;
  • SOR/79-800, s. 1(F);
  • SOR/81-641, s. 4.
 
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