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

Regulations are current to 2024-04-01 and last amended on 2020-06-18. Previous Versions

Hunting Methods and Equipment (continued)

  •  (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, mourning dove or Eurasian collared-dove, shot other than non-toxic shot; or

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

  • (2) The exceptions of woodcock, band-tailed pigeon, mourning dove and Eurasian collared-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
  • SOR/2018-111, 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

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
 

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