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

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Migratory Birds Convention Act, 1994. (Loi)

  aircraft

  aircraft includes an air vehicle that does not have a pilot on board. (aéronef)

  bait

  bait means any feed, or imitation feed, that may attract migratory birds. (appât)

  chief provincial wildlife officer

  chief provincial wildlife officer means a person appointed as chief or director of a provincial authority responsible for the administration of a provincial wildlife act. (agent provincial en chef de la faune)

  contact information

  contact information means postal address, email address, if any, and telephone number. (coordonnées)

  daily bag limit

  daily bag limit means, in respect of a species, or group of species, of migratory game birds or murres, the maximum number of birds that a person may kill or take in a day in a given area as set out in column 5 of Table 1 or, if applicable, of Table 2 of the relevant Part of Schedule 3, for that area and that species or, if the Minister has altered the daily bag limit under section 19, the limit established by the Minister. (maximum de prises par jour)

  egg

  egg means the egg of a migratory bird and includes parts of the egg. (oeuf)

  game officer

  game officer means a person who is appointed as a game officer under section 6 of the Act. (garde-chasse)

  habitat conservation stamp

  habitat conservation stamp means a stamp issued for the following purposes set out in the Certificate of Continuance of Wildlife Habitat Canada dated July 11, 2014, as they relate to migratory birds:

  • (a) to promote the conservation, restoration and enhancement of wildlife habitat in order to retain the diversity, distribution and abundance of wildlife;

  • (b) to provide a funding mechanism for the conservation, restoration and enhancement of wildlife habitat in Canada; and

  • (c) to foster coordination and leadership in the conservation, restoration and enhancement of wildlife in Canada. (timbre de conservation des habitats)

  holder

  holder means, with respect to a permit, a person to whom a permit, that remains valid, was issued. (titulaire)

  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, take, injure or harass a migratory bird, whether or not it is captured, killed, taken, injured or harassed. (chasser)

  lure crop area

  lure crop area means an area of cropland that, under 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 nearby and that is designated as such an area by a sign. (zone de cultures de diversion)

  lure station area

  lure station area means an area established under an agreement between the Government of Canada and the government of a province where bait is deposited for the purpose of luring migratory birds away from unharvested crops nearby, and designated as such an area by a sign. (zone de diversion)

  minor

  minor means an individual who has not attained the age of 18 years. (mineur)

  open season

  open season means, in respect of a species, or group of species, of migratory game birds or murres, any season during which birds of those species may be hunted in an area as set out in column 4 of Table 1 or, if applicable, Table 2, of the relevant Part of Schedule 3 or, if the Minister has altered the open season under section 19, the open season established by the Minister. (saison de chasse)

  overabundant species

  overabundant species means a species of migratory game bird that causes damage or is likely to cause damage to agricultural, environmental or other similar interests as a result of the rate of increase of the population of that species or the abundance of that population, and that is is set out in column 2 of Table 2 of any Part of Schedule 3. (espèce surabondante)

  permit

  permit means a permit issued under these Regulations. (permis)

  possession limit

  possession limit means, in respect of a species, or group of species, of migratory game birds or murres, the maximum number of birds that a person may have in their possession at any time in an area set out in column 3 of Table 1 or, if applicable, of Table 2 of the relevant Part of Schedule 3 or, if the Minister has altered the possession limit under section 19, the possession limit established by the Minister. (maximum d’oiseaux à posséder)

  preserved

  preserved means, with respect to a migratory game bird, one that has

  • (a) been eviscerated and plucked in any location and then been frozen, made into sausage, cooked, dried, canned or smoked in a location other than the hunting area;

  • (b) in a location other than the hunting area, had its edible portions removed from its carcass and then been frozen, made into sausage, cooked, dried, canned or smoked; or

  • (c) been mounted for taxidermy. (préparé)

  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, and continued in accordance with subsection 297(1) of the Canada Not-for-profit Corporations Act on July 11, 2014. (Habitat faunique Canada)

• Marginal note:Definitions — Act and Regulations

  (2) The following definitions apply in the Act and in these Regulations.

  buy

  buy includes offering to buy. (acheter)

  exchange

  exchange includes offering to exchange, bartering and offering to barter. (échanger)

  sell

  sell includes offering for sale and exposing for sale. (vendre)

• Marginal note:Definition of commercial transaction

  (3) For the purposes of the Act, commercial transaction includes renting and offering to rent.

• Marginal note:Benefits

  (4) For the purposes of these Regulations, any gift for which the giver receives any benefit, including a tax benefit, is considered a sale.

• Marginal note:Period

  (5) In these Regulations, unless otherwise specified, where a period of time is set out, the period shall not exceed 12 months from beginning to end.