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Migratory Birds Regulations, 2022 (SOR/2022-105)

Regulations are current to 2023-01-11 and last amended on 2022-07-31. Previous Versions

PART 2Hunting Migratory Game Birds (continued)

Possession (continued)

Marginal note:Temporary third-party possession

  •  (1) Any person may temporarily have in their possession a migratory game bird on behalf of the owner.

  • Marginal note:Exception

    (2) However, a person must not temporarily have in their possession a migratory game bird for the purpose of performing taxidermy for profit unless they hold a taxidermist permit.

Marginal note:Murre or unpreserved game bird

  •  (1) For the purposes of section 46, a migratory game bird that is not preserved, or any murre, that is possessed under subsection 48(1) counts towards the owner’s possession limit, and not towards the possession limit of the person who temporarily has it in their possession.

  • Marginal note:Restriction respecting murres

    (2) The number of unpreserved murres that belong to other persons that a person temporarily has in their possession must not be greater than twice the daily bag limit referred to in section 43.

Marginal note:Prohibition — transfer of possession

  •  (1) A person who kills or takes a migratory game bird must not allow it to enter the possession, including the temporary possession, of another person unless it is labelled or preserved.

  • Marginal note:Labelling obligation of possessor

    (2) A person who has in their possession a migratory game bird that is not preserved and that was taken under a migratory game bird hunting permit referred to in section 30 or as an exercise of a right referred to in section 21 must ensure that it is labelled unless that person took that bird themselves.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply if the bird was killed or taken by an individual who is exercising a right referred to in section 21 and the recipient may also exercise such a right.

  • Marginal note:Individual or group labelling

    (4) For the purposes of subsections (1) and (2), a bird is considered to be labelled if a label is attached to it or if it is a part of a group of birds labelled in accordance with subsection (6).

  • Marginal note:Label requirements

    (5) The label must

    • (a) indicate

      • (i) the full name and contact information of the individual who took the bird,

      • (ii) the date the bird was taken, and

      • (iii) the number of the migratory game bird hunting permit under which the bird was taken; and

    • (b) be signed by the individual who took the bird.

  • Marginal note:Group labelling

    (6) Migratory game birds may be labelled as a group by packaging unlabelled birds in a package that is labelled or that contains a labelled bird, if the label satisfies the requirements set out in subsection (5) in respect of each bird.

Marginal note:Training retriever dogs

  •  (1) Section 46 does not apply to a person who is registered as a dog trainer with the Minister and who has in their possession migratory game birds, other than murres, for the purpose of training dogs as retrievers. However, the person must not have in their possession more than 200 migratory game birds that are not preserved and that were taken under a right recognized and affirmed by section 35 of the Constitution Act, 1982, a migratory game bird hunting permit referred to in section 30, a provincial killing permit that is referred to in section 64 or a scaring or killing permit that is referred to in section 65.

  • Marginal note:Exception — species at risk

    (2) However, the registered person must not have in their possession a migratory game bird that is of a species listed in Schedule 1 to the Species at Risk Act.

  • Marginal note:Location of storage

    (3) The registered person must store the migratory game birds in the location specified to the Minister at the time of registration, except when they are being used for dog training.

  • Marginal note:Expiry

    (4) The registration expires on July 31 next following the date of registration.

  • Marginal note:Records

    (5) A registered person must keep records showing, in respect of the dead migratory game birds in their possession,

    • (a) the name of each species and the number of birds belonging to each species; and

    • (b) the full name and contact information of the individual who took each migratory game bird and the number of the permit under which it was taken.

  • Marginal note:Exception — labelling

    (6) Subsection 50(1) does not apply in respect of a gift to a registered person and subsection 50(2) does not apply to such a person.

Marginal note:Fully feathered wing or head

  •  (1) A person must not have in their possession or transport a migratory game bird that is not preserved and that was killed or taken under a migratory game bird hunting permit referred to in section 30 unless at least one fully feathered wing or the fully feathered head is attached to the bird to allow its species to be identified.

  • Marginal note:Identification of species

    (2) The possessor or transporter of the migratory game birds referred to in subsection (1) must store them in a manner which allows each bird to be counted and its species to be identified.

Marginal note:Feathers

  •  (1) The holder of a migratory game bird hunting permit may give, sell or exchange the feathers of a migratory game bird that they have in their possession under that permit for a functional purpose.

  • Marginal note:Buying and possession

    (2) Any person may

    • (a) buy feathers that are sold in accordance with subsection (1) or exchange things for feathers that are exchanged in accordance with that subsection; and

    • (b) have in their possession any feathers obtained in accordance with subsection (1).

Marginal note:Gift for taxidermy, consumption or training

  •  (1) An individual who hunts a migratory game bird under a migratory game bird hunting permit may give the bird to another person for the purpose of taxidermy, human consumption (including for charitable purposes) or training dogs as retrievers.

  • Marginal note:Gift to charity permit holder

    (2) However, the individual must preserve a migratory game bird before giving it to the holder of a charity permit.

  • Marginal note:Possession

    (3) Subject to the limits on the possession of migratory game birds set out in section 46 or subsection 51(1) the recipient of such a gift has the right to have it in their possession.

Marginal note:Prohibition — abandoning

  •  (1) A person who has in their possession a migratory game bird whose meat is fit for human consumption must not allow the meat

    • (a) subject to subsection 9(4) of the Act, to be abandoned; or

    • (b) to become inedible for humans.

  • Marginal note:Gift

    (2) Subsection (1) applies to a person who offers to give the migratory game bird to another person until that gift is accepted by that other person.

  • Marginal note:Exception

    (3) Subsection (1) does not apply in respect of a migratory game bird that is used for taxidermy or for training dogs as retrievers.

Marginal note:Private conveyance

 Sections 10 and 50 do not apply to an individual who is transporting a migratory game bird on board a private conveyance if the bird was hunted legally by an individual who is in the private conveyance.

PART 3Overabundance, Damage and Danger

Interpretation

Marginal note:Definition of resident

 For the purposes of this Part, resident means, in relation to a province, an individual whose primary or habitual residence is in that province.

Application

Marginal note:Scope

 This Part applies to the management of migratory birds for the purpose of reducing the danger that they are causing or are likely to cause to human health or public safety or the damage they are causing or are likely to cause to agricultural, environmental or other interests.

Overabundant Species

Marginal note:Permit

  •  (1) A migratory game bird hunting permit referred to in section 30 allows the permit holder to kill, take and have in their possession birds of an overabundant species, but not the eggs of such birds.

  • Marginal note:Areas and periods

    (2) Subsection (1) only permits birds to be killed in the areas set out in column 1 of Table 2 of any Part of Schedule 3 and during the open seasons set out in column 4.

Marginal note:Part 2 provisions that apply

  •  (1) Sections 28, 31, 32, 34, 38 and 42 to 56 apply to an individual who kills a bird of an overabundant species.

  • Marginal note:Methods and equipment

    (2) Subject to sections 61 and 62, the prohibitions on hunting methods and equipment set out in sections 36, 37 and 39 to 41 apply to an individual who kills a bird of an overabundant species, unless the bird is killed in an area set out in column 1 of Table 2 in the appropriate Part of Schedule 3 during an open season set out in column 4 for which that hunting method or equipment is set out in column 6.

  • Marginal note:Hunting using electronic calls

    (3) Despite section 39, an individual who is attempting to kill birds of an overabundant species using electronic bird calls of that species set out in column 6 of Table 2 of the appropriate Part of Schedule 3 during the open season set out in column 4 may, in an area set out in column 1, hunt migratory game birds of a species of migratory game birds that is not overabundant for which it is the open season.

Marginal note:Depositing bait in spring — Quebec

  •  (1) The prohibition on hunting using bait set out in section 36 applies to an individual who kills migratory game birds of an overabundant species, unless the killing takes place on a parcel of land in an area of Quebec set out in column 1 of Table 2 of Part 5 of Schedule 3 for which the method and equipment set out in column 6 indicate that killing using bait is permitted during the open season set out in column 4 and, at least 30 days before the bait is deposited, the Minister consents in writing to the depositing of bait and the killing of birds of an overabundant species as set out in column 2 on that parcel of land.

  • Marginal note:Conditions

    (2) The Minister may give the consent referred to in subsection (1) if the Minister is provided with the following documents and information:

    • (a) letters of agreement, signed by the holder of a migratory game bird hunting permit and by the owners, lessees, tenants and occupants of the parcel of land on which the bait is to be deposited, in which those owners, lessees, tenants and occupants give their consent to the killing of birds by hunting on the parcel of land during the period set out in the letters and to the depositing of bait on the parcel of land for that purpose;

    • (b) a map of the parcel of 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 parcel of land, if any; and

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

      • (i) ensure that, before bait is deposited on the parcel of land, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister,

      • (ii) ensure that at least 1 000 kg of bait is deposited on the parcel of land, and

      • (iii) provide the Minister, within 21 days after the end of the open season set out in column 4 of Table 2 of Part 5 of Schedule 3 during which the killing took place, with a written report specifying the days on which the killing took place, the number of migratory game bird hunting permit holders involved and the number of birds of each species set out in column 2 that were killed on each day.

  • Marginal note:Withdrawal of consent

    (3) The Minister may withdraw the consent if the permit holder fails to comply with an undertaking described in subparagraph (2)(d)(i) or (ii).

Marginal note:Killing near cut crops in fall — Quebec

  •  (1) The prohibition set out in section 36 applies to an individual who kills birds of an overabundant species of migratory game birds in Quebec unless

    • (a) the bird is killed in an area referred to in column 1 of Table 2 of Part 5 of Schedule 3 for which killing using bait is set out in column 6;

    • (b) the bait that has been deposited is crops that are cut and left on the ground; and

    • (c) at least 30 days before the birds are killed, the Minister consented in writing to the killing of birds of that overabundant species within a radius of 400 m from the place where the bait has been deposited.

  • Marginal note:Conditions

    (2) The Minister may give the consent referred to in paragraph (1)(c) if the Minister is provided with the following documents and information:

    • (a) letters of agreement, signed by the holder of a migratory game bird hunting permit and by the owners, lessees, tenants and occupants of the land within a radius of 400 m of the place where crops are cut and left on the ground in which those owners, lessees, tenants and occupants indicate that they are aware that hunting migratory game birds, other than birds of an overabundant species, is prohibited within the radius and give their consent to the killing of birds by hunting of an overabundant species within that radius during the period set out in the letters;

    • (b) a map of the place where crops are cut and left on the ground that clearly indicates its location and dimensions;

    • (c) the type of crop that is being cut and left on the ground; and

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

      • (i) ensure that, before birds are killed within that radius, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister, and

      • (ii) provide the Minister, within 21 days after the end of the open season set out in column 4 of Table 2 of Part 5 of Schedule 3, with a written report specifying the days on which birds were killed, the number of hunters involved and the number of birds of each species set out in column 2 of that Table that were killed on each day.

  • Marginal note:Withdrawal of consent

    (3) The Minister may withdraw the consent if the permit holder fails to comply with the undertaking described in subparagraph (2)(d)(i).

Birds Causing Damage or Danger

Marginal note:Scaring birds

  •  (1) Despite the prohibition on harassing a migratory bird set out in paragraph 5(1)(a), a 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 danger to human health or public safety or damage to agricultural, environmental or other interests.

  • Marginal note:Provincial scaring permit

    (2) The chief provincial wildlife officer, with the concurrence of the Minister, may issue a permit to any resident of the province to use an aircraft or firearms, in a specified area and during a specified time, for the purpose of scaring migratory birds that are causing or likely to cause damage to crops or other property in the area.

Marginal note:Provincial killing permit

  •  (1) If the chief provincial wildlife officer and the Minister are satisfied that scaring migratory birds is not a sufficient deterrent to prevent the birds from causing serious damage to crops or other property in a province, the chief provincial wildlife officer may issue a permit to any resident of the province to kill migratory birds of a specified species during a specified time and in a specified area.

  • Marginal note:Possession

    (2) The holder of the permit referred to in subsection (1) may take and have in their possession migratory birds killed under its authority.

  • Marginal note:Cancellation

    (3) The chief provincial wildlife officer may cancel a permit issued under subsection (1).

 
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