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

Regulations are current to 2019-05-22 and last amended on 2018-05-30. Previous Versions

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

 If the Minister has reason to believe that it is necessary to avoid injury to agricultural interests in a particular area or areas or to avoid injury to public health or safety or to the use of land in the area or areas and that other means to avoid those injuries are not sufficient to avoid the injuries described, the Minister may issue to a person who owns, leases or manages land in the area or areas a permit authorizing the person and the person’s nominees named in the permit to undertake, in the manner described in the permit, any activities necessary for the purpose of relocating the migratory birds, eggs and nests described in the permit, including all of the following:

  • (a) capturing or taking the migratory birds, eggs and nests;

  • (b) removing the migratory birds, eggs and nests from the area or areas described in the permit; and

  • (c) transporting and releasing the migratory birds, eggs and nests in the area or areas described in the permit.

  • SOR/2000-247, s. 1
  • SOR/2005-186, s. 4
  •  (1) [Repealed, SOR/2000-247, s. 2]

  • (2) No person while acting under the authority of a permit issued under section 25 or 26 shall use decoys, duck or goose calls or blinds or other concealment.

  • (3) Where a permit is issued under section 25 or 26 to kill migratory birds that are causing or are likely to cause damage to crops, no person mentioned in the permit shall

    • (a) shoot migratory birds elsewhere than on or over fields containing such crops; or

    • (b) discharge firearms within 50 metres of any water area.

  • (4) Subsection 5(3) and sections 7 to 9 do not apply to a person while he is acting under the authority of a permit issued pursuant to section 25 or 26.

  • (5) No person shall hunt in a lure crop area or a bait station area unless the area has been declared open for hunting by the chief game officer or the Regional Director.

  • (6) No person shall enter a lure crop area or a bait station area unless authorized in writing by the chief game officer or the Regional Director.

  • SOR/78-490, s. 5
  • SOR/2000-247, s. 2

Airport Permits

  •  (1) The Minister may issue a permit

    • (a) to the manager of a civilian airport or the nominee of such manager, or

    • (b) to the commanding officer of a military airport or the nominee of such commanding officer,

    to kill on the airport migratory birds that are considered by such manager, commanding officer or nominee to be a danger to aircraft operating at such airport.

  • (2) A permit issued pursuant to subsection (1) 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/82-264, s. 1

Taxidermist Permits

 No taxidermist shall have in his possession the carcass of a migratory bird unless he has a permit issued by the Minister entitling him to have migratory birds in his possession for the purposes of taxidermy.

 No taxidermist shall receive or accept specimens of migratory birds or their eggs for preservation or mounting unless the specimens are accompanied by a statement in writing signed by the owner giving his full name and address and the date on which, the place where, the circumstances in which and the permit number under which the specimens were taken.

  •  (1) Every taxidermist shall keep books and records showing, in respect of specimens of migratory birds and eggs received by him,

    • (a) the name of each species and the number thereof;

    • (b) the date, place and circumstances of the taking of the birds and eggs;

    • (c) the date when the birds and eggs were received; and

    • (d) the names and addresses of the owners of the birds and eggs, the permit numbers under which they were collected and the persons from whom they were received by the taxidermist.

  • (2) Every taxidermist shall permit a game officer to examine at all reasonable times the books and records that are required to be kept by him under this section.

  • (3) Every taxidermist shall make such annual or other returns as the Minister may require.

  • (4) No permit issued pursuant to section 29 is valid if the holder of that permit fails to meet the requirements of this section.

Eiderdown Permits

  •  (1) A permit to collect, possess, sell or transport eiderdown may be issued by the Minister.

  • (2) Subject to subsection 5(9) and section 38, a permit to collect or possess eiderdown is not required in those areas included in the Agreements referred to in section 38.

  • (3) A person holding a permit issued pursuant to subsection (1) or who, pursuant to subsection (2), is not required to hold a permit, shall leave sufficient eiderdown in each nest from which he collects it to protect eggs from predators or environmental chilling.

  • SOR/80-577, s. 9
  • SOR/81-641, s. 6
 
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