National Parks Wildlife Regulations (SOR/81-401)

Short Title

1 These Regulations may be cited as the National Parks Wildlife Regulations.

Interpretation

2 In these Regulations,

Director

Director[Repealed, SOR/91-421, s. 1]

exotic wildlife

exotic wildlife means all wildlife that is not indigenous to a park or that has been declared, pursuant to these Regulations, to be exotic wildlife; (faune exotique)

firearm

firearm means any weapon from which any shot, bullet or other missile can be discharged and that is capable of causing injury or death to wildlife and includes anything that can be adapted for use as a firearm and anything that is designed for or capable of being used for the purpose of causing injury or death to wildlife; (arme à feu)

guide

guide means a person who holds a valid licence issued pursuant to the National Parks Businesses Regulations to carry on the business of a guide; (guide)

hunt

hunt means to trap, chase, pursue, worry, follow after or on the trail of, search for, shoot at, stalk, lie in wait for, or to attempt, in any manner, to capture, kill or injure any wildlife whether or not the wildlife is captured, killed or injured; (chasser)

hunting permit

hunting permit[Repealed, SOR/91-421, s. 1]

loaded

loaded with respect to a firearm, means that a live shell or cartridge is present in the breach, chamber or attached magazine of the firearm or that a projectile is present in the barrel of the firearm; (chargée)

park

park[Repealed, SOR/91-421, s. 1]

possession

possession means possession within the meaning of subsection 4(3) of the Criminal Code; (possession)

superintendent

superintendent[Repealed, SOR/91-421, s. 1]

through highway

through highway means

• (a) the Trans-Canada Highway in Banff, Yoho, Glacier and Mount Revelstoke National Parks,

• (b) the Yellowhead Highway in Jasper National Park,

• (c) the Banff-Windermere Highway in Banff and Kootenay National Parks,

• (d) Highways 10 and 19 in Riding Mountain National Park,

• (e) the Trans-Canada Highway, the Charlottetown Highway, the East Port area Highway 310 and the Terra Nova area Highway 301 in Terra Nova National Park,

• (f) Highway 114 and the unnumbered roads leading to Teahans Corner in Fundy National Park,

• (g) the Cabot Trail (Highway 19) in Cape Breton Highlands National Park,

• (h) Highway 132 between Cap-aux-Os and Cap-des-Rosiers in Forillon National Park,

• (i) Highway 117 in Kouchibouguac National Park, or

• (j) Highway 93 in Banff National Park and Jasper National Park; (route de transit)

traffic

traffic[Repealed, SOR/2009-322, s. 16]

trap

trap means a structure, contrivance or device that is capable of capturing wildlife by affording entrance but not exit, and includes a snare; (piège)

vehicle

vehicle means every device in, on or by which any person or property is or may be transported or drawn on land; (véhicule)

vessel

vessel includes any boat, canoe, raft, amphibious vehicle or any other structure, other than a sea plane, used or capable of being used for transportation on water; (bateau)

wildlife

wildlife means all wild mammals, amphibians, reptiles, birds, fish, insects and other invertebrates and any part thereof, and includes their eggs and young; (faune ou animaux sauvages)

Application

• 3 (1) Subject to sections 40 and 41 of the Canada National Parks Act, these Regulations apply to all parks other than Wood Buffalo National Park of Canada and to all park reserves as if they were parks.

• (1.1) In the event of an inconsistency between these Regulations and the National Parks of Canada Fishing Regulations or the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations, the National Parks of Canada Fishing Regulations and the Mingan Archipelago National Park Reserve of Canada Snowshoe Hare Regulations prevail, respectively, to the extent of the inconsistency.

• (2) These Regulations do not apply to a superintendent, park warden, peace officer or any other person authorized by the superintendent to carry out functions related to the management of a park while any of those persons is engaged in carrying out such functions.

• (3) [Repealed, SOR/2004-301, s. 21]

General Prohibitions

• 4 (1) Except as otherwise provided in these Regulations, no person shall

  • (a) hunt, disturb, hold in captivity or destroy any wildlife within, or remove any wildlife from, a park;

  • (b) in La Mauricie National Park, Georgian Bay Islands National Park, St. Lawrence Islands National Park or the Mingan Archipelago National Park Reserve, have in the person’s possession any wildlife;

  • (c) in any park other than a park referred to in paragraph (b), or outside a park, be in possession of any wildlife killed or procured within a park, unless the wildlife is in that person’s possession in accordance with subsection (4);

  • (d) [Repealed, SOR/2009-322, s. 17]

  • (e) disturb or destroy a nest, lair, den or beaver house or dam in a park;

  • (f) touch or feed wildlife in a park or entice wildlife that is in a park to approach by holding out or setting out decoys or any such devices, foodstuffs or bait of any kind; or

  • (g) release any exotic wildlife within a park.

• (2) No person shall shine a movable light having a voltage greater than 4.5 volts in any area frequented by wildlife between sunset and sunrise.

• (3) A person may, in the Mingan Archipelago National Park Reserve, have in the person’s possession wild ducks, if

  • (a) the ducks have been hunted in accordance with these Regulations; and

  • (b) at the request of a park warden or other park officer, the person in possession of the ducks produces a hunting permit issued pursuant to section 13.1.

• (4) A person may, in any park other than a park referred to in paragraph (1)(b), have in the person’s possession any wildlife if

  • (a) subject to subsection (5), the person in possession of the wildlife produces, on the request of a park warden or other park officer,

    • (i) an export permit as issued pursuant to the Game Export Act,

    • (ii) a hunting licence or permit or a trapping licence or permit issued by the province in which the wildlife was procured,

    • (iii) a hunting tag issued by the province in which the wildlife was procured and the tag is properly placed on the wildlife as required by the laws of that province, or

    • (iv) where the wildlife has been obtained as a gift, a valid licence or permit issued by the province in which the wildlife was procured permitting a person to give such wildlife to another person or a statement signed by the donor of the gift that includes the date of the gift, the type and number of wildlife, the name of the person receiving the gift and the licence or permit number under which the wildlife was procured; and

  • (b) subject to subsection (5), the person is in possession of the wildlife in the park for the purpose of

    • (i) storing it at a permanent residence in the park,

    • (ii) transporting it directly on a through highway to a permanent residence within the park,

    • (iii) transporting it directly through the park to private property outside the park on a road that is the sole means of access to that property, or

    • (iv) in the case of the Prince Edward Island National Park and where entrance onto the Gulf Shore Parkway was made solely for the purpose of travelling the most direct route to a private or public road outside the Park, transporting it on the Gulf Shore Parkway.

• (5) Subsection (4) does not apply to a person who is in possession of wildlife that the person is authorized under paragraph 15(1)(a) to remove, relocate or destroy.

• (6) Notwithstanding subsection (1), reasonable protection from biting or stinging insects is permitted.

Point Pelee National Park

5. to 13 [Repealed, SOR/91-421, s. 3]

Mingan Archipelago National Park Reserve

• 13.1 (1) Subject to subsections (2) to (5), the superintendent of the Mingan Archipelago National Park Reserve may, upon receiving an application, issue a hunting permit, to the person named in the application permitting that person to hunt Eider and Long-tailed duck within the boundaries of that Reserve during the open season set out for those species in that area in the Migratory Birds Regulations, 2022.

• (2) No person is eligible for a hunting permit unless that person

  • (a) is a permanent resident of the communities of Longue Pointe de Mingan, Mingan, Havre St-Pierre or Baie John Beetz in the Province of Quebec; and

  • (b) holds a valid migratory game bird hunting permit issued under the Migratory Birds Regulations, 2022.

• (3) No person shall hunt for duck unless the person is the holder and is in possession of a hunting permit issued under subsection (1).

• (4) The superintendent may specify, in the hunting permit

  • (a) the period of time for which the permit is valid;

  • (b) the locations in the Mingan Archipelago National Park Reserve where the hunting of duck may take place; and

  • (c) such other conditions as are necessary to ensure public safety and the protection of resources in the Mingan Archipelago National Park Reserve.

• (4.1) [Repealed, SOR/2009-322, s. 18]

• (5) The holder of a hunting permit may hunt Eider and Long-tailed duck

  • (a) between one-half hour before sunrise and one-half hour after sunset during the period referred to in subsection (1); and

  • (b) in an amount not exceeding the daily bag limit prescribed by the Migratory Birds Regulations, 2022 for the Province of Quebec.

• (6) This section does not apply to any aboriginal peoples who have existing aboriginal or treaty rights to hunt in the lands constituting the Mingan Archipelago National Park Reserve.

14 [Repealed, SOR/97-102, s. 5]