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

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

General

 The holder of a permit issued pursuant to section 19, 20 or 29 shall, at all reasonable times, allow a game officer to enter and inspect the premises used in his operations and the books and records kept by him pursuant to section 19, 20 or 31.

 No person who has been found guilty of an offence under the Act, other than an offence for violating section 5.1, or these Regulations, other than an offence for violating any of the provisions of subsection 4(6) and sections 20, 21 and 29 to 33, shall apply for, use or hold a migratory game bird hunting permit within one year after the day on which that person was found guilty.

  • SOR/2005-198, s. 4.

 No permit referred in section 19 or 20 shall be issued to a person who within the two years immediately preceding their application for a permit has been found guilty of a violation of paragraph 15(1)(b).

  • SOR/2005-198, s. 4.

Overabundant Species

  •  (1) The holder of a migratory game bird hunting permit may, in accordance with subsection (3), kill birds of a species of migratory game bird that, as a result of the rate of increase of the population of that species or its overabundance, is injurious to or threatens agricultural, environmental or other similar interests.

  • (2) The birds referred to in subsection (1) are birds of a species of migratory game bird that is listed in the heading of column 2 of Table I.2 of any Part of Schedule I.

  • (3) Birds of a species of migratory game bird that is listed in the heading of column 2 of Table I.2 of any Part of Schedule I may only be killed in the areas set out in column 1 of that Table, during the periods referred to in column 2 of that Table and by using the hunting methods and equipment referred to in column 3 of that Table or permitted by section 15 or 15.1.

  • SOR/99-147, s. 5;
  • SOR/2000-88, s. 3.

 [Repealed, SOR/2000-88, s. 4]

  •  (1) In the Province of Quebec, in the spring, the holder of a migratory game bird hunting permit may, on land where bait has been deposited, kill birds of a species listed in the heading of column 2 of Table I.2 of Part V of Schedule I in accordance with section 23.1 if, at least 30 days before the bait was deposited, the Regional Director consented in writing to the depositing of bait and the killing of migratory game birds on that land.

  • (2) The Regional Director shall give the consent referred to in subsection (1) if provided with

    • (a) letters of agreement signed by the holder of a migratory game bird hunting permit and by the owner of the land on which the bait is to be deposited, and by every lessee or tenant of the land, that give their consent to the hunting of birds on the land during the period set out in the letters and to the depositing of bait on the land for that purpose;

    • (b) a map of the land that clearly indicates its location and dimensions and the places where bait is to be deposited;

    • (c) information that specifies the type of crop that is being or was most recently grown on the land, if any; and

    • (d) an undertaking in writing from the permit holder referred to in paragraph (a) that

      • (i) signs of a type and wording satisfactory to and in the locations designated by the Regional Director will be posted on the land before bait is deposited on the land,

      • (ii) at least 1 000 kg of bait will be deposited on the land, and

      • (iii) the permit holder will, within 21 days after the end of the period referred to in column 2 of Table I.2 of Part V of Schedule I during which the hunt took place, provide the Regional Director with a written report specifying the days on which the hunt took place, the number of hunters involved and the number of birds of each species listed in the heading of that column that were killed on each day of the hunt.

  • (3) In the Province of Quebec, in the fall, the holder of a migratory game bird hunting permit may, in a bait crop area, kill birds listed in the heading of column 2 of Table I.2 of Part V of Schedule I in accordance with section 23.1 if, at least 30 days before a bird is killed in the area, the Regional Director consented in writing to the killing of migratory game birds in the area.

  • (4) The Regional Director shall give the consent referred to in subsection (3) if provided with

    • (a) letters of agreement signed by the holder of a migratory game bird hunting permit and by the owner of the land within 400 m of the bait crop area, and by every lessee or tenant of the land, that give their consent to the hunting of birds in the bait crop area during the period set out in the letters;

    • (b) a map of the bait crop area that clearly indicates its location and dimensions;

    • (c) information that specifies the type of crop that is being or was most recently grown in the bait crop area; and

    • (d) an undertaking in writing from the permit holder referred to in paragraph (a) that

      • (i) signs of a type and wording satisfactory to and in the locations designated by the Regional Director will be posted on the bait crop area before hunting begins, and

      • (ii) the permit holder will, within 21 days after the end of the period referred to in column 2 of Table I.2 of Part V of Schedule I during which the hunt took place, provide the Regional Director with a written report specifying the days on which the hunt took place, the number of hunters involved and the number of birds of each species listed in the heading of that column that were killed on each day of the hunt.

  • (5) The Regional Director may withdraw the consent given under subsection (1) or (3) if the permit holder fails to comply with an undertaking described in subparagraph (2)(d)(i) or (ii) or (4)(d)(i).

  • SOR/99-147, s. 5;
  • SOR/2000-88, s. 5.

Permits Respecting Birds Causing Damage or Danger

  •  (1) Any person may, without a permit, use equipment, other than an aircraft or firearms, to scare migratory birds that are causing or are likely to cause damage to crops or other property.

  • (2) The chief game officer of a province, with the concurrence of the Director, may grant a permit to any person residing in the province to use an aircraft or firearms, in the area designated and during the time specified in the permit, for the purpose of scaring migratory birds that are causing or likely to cause damage to crops or other property in the area.

  • (3) No person shall, while scaring migratory birds pursuant to subsection (1) or (2), kill, wound or take such birds.

  • SOR/78-490, s. 4.
  •  (1) Where the chief game officer of a province and the Director are satisfied that scaring migratory birds is not a sufficient deterrent to prevent the birds from causing serious damage to any property, the chief game officer may grant a permit authorizing all persons residing in that province or a part of that province to kill, during the time specified and in the area designated in the permit, migratory birds described in the permit.

  • (2) A permit issued under subsection (1) is valid from the date of issue to the expiry date specified in the permit or, if it is cancelled by the chief game officer, to the date of cancellation.

  •  (1) A game officer may, with the prior concurrence of the Regional Director, issue to a person who owns, leases or manages an area of land, a permit that describes the area and authorizes that person and his nominees to scare or kill within that area migratory birds that are causing or are likely to cause damage therein.

  • (2) A permit referred to in subsection (1) is valid

    • (a) from the date of issue to the date specified in the permit,

    • (b) until the date of cancellation by a game officer, or

    • (c) until the date the crop in the area mentioned in the permit has been removed,

    whichever date first occurs.

  • (3) A person to whom a permit is issued pursuant to subsection (1) may nominate, from among the residents of the province in which the area described in the permit is situated, as many nominees as are specified in the permit.

  • (4) A nomination by a permit holder shall be in writing and the nominee shall carry the nomination with him at all times while he is hunting on the land of the permit holder.

  • (5) A person to whom a permit is issued under this section shall, within 15 days after its expiration or cancellation,

    • (a) return the permit to the game officer who, or office that, issued it; and

    • (b) report to the game officer such information with respect to the birds killed pursuant to the permit as the game officer may require.

  • SOR/81-641, s. 5.
  •  (1) The Minister may, if the Minister has reason to believe that it is necessary to reduce the damage or danger that migratory birds are causing or likely to cause to health, safety, agricultural or other interests in a particular community, issue to a person who owns, leases or manages an area of land in that community a permit specifying the area and authorizing the person and the person’s nominees named in the permit to collect and destroy the eggs of migratory birds specified in the permit and to dispose of the eggs in the manner provided in the permit.

  • (2) The permit is valid from the date of issue to the expiry date specified in the permit or, if it is cancelled by the Minister, to the date of cancellation.

  • SOR/85-694, s. 5;
  • SOR/2005-186, s. 4.
 
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