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

Regulations are current to 2022-01-12 and last amended on 2020-06-18. Previous Versions

Migratory Birds Regulations

C.R.C., c. 1035

MIGRATORY BIRDS CONVENTION ACT, 1994

Regulations Respecting the Protection of Migratory Birds

Short Title

 These Regulations may be cited as the Migratory Birds Regulations.

Interpretation

  •  (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 the age of 18 years; (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-iron-nickel-copper 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) not more than 90% tungsten,

    • (b) not more than 90% tin,

    • (c) not more than 90% iron,

    • (d) not more than 45% copper, and

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

    tungsten-iron-nickel-copper shot

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

    • (a) 40 to 76% tungsten,

    • (b) 10 to 37% iron,

    • (c) 9 to 16% copper,

    • (d) 5 to 7% nickel, and

    • (e) not more than 1% lead or zinc; (grenaille de tungstène-fer-nickel-cuivre)

    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 of, by weight,

    • (a) not more than 90% tungsten,

    • (b) not more than 90% iron,

    • (c) not more than 40% 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
  • SOR/2007-139, s. 1
  • SOR/2016-126, s. 1

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
 
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