Migratory Birds Regulations

Version of section 2 from 2006-03-22 to 2007-06-13:

  •  (1) In these Regulations,

    “Act”

    “Act” means the Migratory Birds Convention Act, 1994; (Loi)

    “bait”

    “bait” means corn, wheat, oats or other grain, pulse or any other feed, and includes any imitation thereof that may attract migratory game birds; (appât)

    “bait crop area”

    “bait crop area” means an area of cropland, harvested or unharvested, that is intended to attract migratory birds and that is designated as such an area by poster, notice or sign; (zone de culture-appât)

    “bait station area”

    “bait station area” means an area established pursuant to an agreement between the Government of Canada and the government of a province where bait is deposited for the purpose of luring migratory birds from unharvested crops, and designated as such an area by poster, notice or sign; (zone d’appât)

    “bismuth shot”

    “bismuth shot” means shotgun pellets consisting of, by weight,

    • (a) at least 96 per cent bismuth,

    • (b) not more than 4 per cent tin, and

    • (c) not more than 1 per cent each of any other element; (grenaille de bismuth)

    “chief game officer”

    “chief game officer” of a province means a person appointed as chief or director of a provincial agency concerned with the administration of a provincial wildlife act; (garde-chasse en chef)

    “Convention”

    “Convention” means the Convention set out in the schedule to the Act; (Convention)

    “crop”

    “crop” means an unharvested agricultural crop, whether standing or cut, but does not include stubble fields or other fields from which the crop has been removed; (culture)

    “cultivated lands”

    “cultivated lands” means lands tilled for the production of crops other than grass or hay; (terres en culture)

    “decoy”

    “decoy” means an instrument, artificial bird or any equipment used to attract migratory game birds; (leurre)

    “Director”

    “Director” means the Director General of the Canadian Wildlife Service of the Department of the Environment; (Directeur)

    “eggs”

    “eggs” means the eggs of migratory birds and includes parts of such eggs; (oeufs)

    “export permit”

    “export permit” means an export permit referred to in section 3 of the Game Export Act; (permis d’exportation)

    “farmland”

    “farmland” means land that is being used for crop production or animal husbandry; (terre agricole)

    “game officer”

    “game officer” means a person who is appointed a game officer under section 5 of the Act; (garde-chasse)

    “habitat conservation stamp”

    “habitat conservation stamp” means a stamp issued for the purposes of Wildlife Habitat Canada for that period beginning on the day of issue and ending on March 10th next following the day of issue; (timbre conservation des habitats)

    “hunt”

    “hunt” means chase, pursue, worry, follow after or on the trail of, lie in wait for, or attempt in any manner to capture, kill, injure or harass a migratory bird, whether or not the migratory bird is captured, killed or injured; (chasser)

    “Indian”

    “Indian” has the same meaning as in the Indian Act; (Indien)

    “Inuk”

    “Inuk” means a person who is a direct descendant of a person who is or was of the race of aborigines commonly referred to as Eskimos and possesses at least one-quarter Inuk blood; (Inuk)

    “long bow”

    “long bow” includes a recurve bow and a compound bow; (grand arc)

    “lure crop area”

    “lure crop area” means an area of crop land that, pursuant to an agreement between the Government of Canada and the government of a province, remains unharvested for the purpose of luring migratory birds away from other unharvested crops and that is designated as such an area by poster, notice or sign; (zone de cultures de diversion)

    “migratory birds”

    “migratory birds” or “birds” means migratory game birds, migratory insectivorous birds and migratory non-game birds as defined in the Act, and includes any such birds raised in captivity that cannot readily be distinguished from wild migratory birds by their size, shape or colour, and any part or parts of such birds; (oiseaux migrateurs) or (oiseaux)

    “migratory bird sanctuary”

    “migratory bird sanctuary” means an area described in the schedule to the Migratory Bird Sanctuary Regulations; (refuge d’oiseaux migrateurs)

    “migratory game bird hunting permit”

    “migratory game bird hunting permit” means a Canada migratory game bird hunting permit issued under the authority of the Minister; (permis de chasse aux oiseaux migrateurs considérés comme gibier)

    “Minister”

    “Minister” means the Minister of the Environment and includes any person authorized by him to act on his behalf; (ministre)

    “minor”

    “minor” means a person who has not attained, in British Columbia, the age of 19 and in all other provinces and territories, the age of 18. (personne mineure)

    “nest”

    “nest” means the nest of a migratory bird or any portion thereof; (nid)

    “non-toxic shot”

    “non-toxic shot” means bismuth shot, steel shot, tin shot, tungsten-bronze-iron shot, tungsten-iron shot, tungsten-matrix shot, tungsten-nickel-iron shot or tungsten-polymer shot; (grenaille non toxique)

    “open season”

    “open season” means the period during which it is lawful to hunt a migratory bird; (saison de chasse)

    “permit”

    “permit” means a valid permit issued under these Regulations; (permis)

    “permit holder”

    “permit holder” means a person to whom a permit is issued; (titulaire d’un permis)

    “possession”

    “possession” has the same meaning as in subsection 4(3) of the Criminal Code; (possession)

    “power boat”

    “power boat” means any boat, canoe or yacht equipped with an electric, gasoline, oil or steam motor as a means of propulsion; (bateau à moteur)

    “Regional Director”

    “Regional Director” means a Regional Director of Environmental Conservation or a Regional Director of Environmental Protection of the Department of the Environment; (directeur régional)

    “residence”

    “residence” means the chief or habitual place of abode of a person; (résidence)

    “resident”

    “resident” means, in relation to any area or place, a person whose residence is in that area or at that place; (résident)

    “steel shot”

    “steel shot” means shotgun pellets consisting of, by weight,

    • (a) at least 98 per cent iron, and

    • (b) not more than 1 per cent each of any other element; (grenaille d’acier)

    “taxidermist”

    “taxidermist” means any person who engages in the business of the preservation or mounting of migratory birds or their eggs; (taxidermiste)

    “tin shot”

    “tin shot” means shotgun pellets consisting of, by weight,

    • (a) at least 98 per cent tin, and

    • (b) not more than 1 per cent each of any other element; (grenaille d’étain)

    “tungsten-bronze-iron shot”

    “tungsten-bronze-iron shot” means shotgun pellets consisting of, by weight,

    • (a) at least 50 per cent tungsten,

    • (b) at least 3 per cent tin,

    • (c) at least 0.5 per cent iron,

    • (d) not more than 45 per cent copper, and

    • (e) not more than 1 per cent each of any other element; (grenaille de tungstène-bronze-fer)

    “tungsten-iron shot”

    “tungsten-iron shot” means shotgun pellets consisting of, by weight,

    • (a) at least 45 per cent iron,

    • (b) not more than 55 per cent tungsten, and

    • (c) not more than 1 per cent each of any other element; (grenaille de tungstène-fer)

    “tungsten-matrix shot”

    “tungsten-matrix shot” means shotgun pellets consisting of, by weight,

    • (a) at least 86 per cent tungsten,

    • (b) not more than 5 per cent nickel,

    • (c) not more than 3 per cent iron,

    • (d) not more than 5 per cent ethylene methacrylic acid copolymer, and

    • (e) not more than 1 per cent each of any other element or compound; (grenaille à matrice de tungstène)

    “tungsten-nickel-iron shot”

    “tungsten-nickel-iron shot” means shotgun pellets consisting, by weight, of

    • (a) at least 50% tungsten,

    • (b) at least 15% iron,

    • (c) not more than 35% nickel, and

    • (d) not more than 1% each of any other element; (grenaille de tungstène-nickel-fer)

    “tungsten-polymer shot”

    “tungsten-polymer shot” means shotgun pellets consisting of, by weight,

    • (a) at least 93 per cent tungsten,

    • (b) not more than 7 per cent Nylon 6 or Nylon 11, and

    • (c) not more than 1 per cent each of any other element or compound; (grenaille de tungstène-polymère)

    “Wildlife Habitat Canada”

    “Wildlife Habitat Canada” means the corporation without share capital incorporated under Part II of the Canada Corporations Act by letters patent dated February 24, 1984. (Habitat faunique Canada)

  • (2) In these Regulations, unless otherwise specified, where a period of time is set out, the period shall not exceed twelve months from beginning to end and includes the first and the last day set out.

  • (2.1) In the French version of the Schedules to these Regulations, where a period of time is set out, the period includes the first day and the last day set out.

  • (3) A reference in these Regulations to the use of a power boat does not include the use of a power boat when the motor is not in operation and forward progress has ceased.

  • (4) [Repealed, SOR/80-577, s. 1]

  • SOR/80-577, s. 1;
  • SOR/82-703, s. 1;
  • SOR/85-694, s. 1;
  • SOR/86-534, s. 1(F);
  • SOR/93-431, s. 1;
  • SOR/93-432, s. 1;
  • SOR/94-684, s. 5;
  • SOR/97-400, s. 1;
  • SOR/98-417, s. 1;
  • SOR/99-147, s. 1;
  • SOR/2000-88, s. 1;
  • SOR/2000-347, s. 1;
  • SOR/2001-323, s. 1;
  • SOR/2005-125, s. 1;
  • SOR/2005-186, s. 1.