Hunting in Crown Game Preserves in Ontario:

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Last Updated: September 13 2026

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Question: Received a ticket for hunting in a Crown game preserve in Ontario, what should I do before my court date?

Answer: DefendCharges.ca™ can help paralegals and other defence counsel in Ontario assess whether the alleged location was truly within a Crown game preserve, whether the facts prove “hunting” (not just presence or firearm possession), and whether any regulatory exception like the specific Himsworth portion applies;   a summons or ticket often becomes a conviction if you pay without reviewing the evidence, so gather your licence and tag records, maps/GPS, photos or videos, messages, and travel logs, then contact (647) 559-3377 to discuss next steps and possible defences in provincial offences court.

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Hunting in Crown Game Preserves in Ontario

Received a ticket or summons for Hunting in a Crown Game Preserve in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  The charge concerns whether you hunted wildlife within a Crown game preserve contrary to section 9 of the Fish and Wildlife Conservation Act, 1997 and the regulations governing these protected areas.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Do not panic.  Being charged does not automatically mean you will be convicted.  Crown game preserves are specific legally prescribed areas, and the prosecution still has to prove the location and hunting activity required by the offence.  Ontario also has a specific hunting exception for one portion of the Himsworth Crown Game Preserve.

This page explains what a Hunting in Crown Game Preserves charge means, what a Crown game preserve is, the Himsworth exception, the difference between hunting and simply possessing a firearm while in a preserve, what must be proven, the current set fine and possible consequences, evidence, legal issues and defences, and what may happen next.  This offence is part of Property & Restricted Area Charges.

I Received a Hunting in a Crown Game Preserve Ticket or Summons.  What Should I Do?

A summons is a court document requiring you to attend court or respond as directed.  Read every document carefully and do not miss the response deadline or required court date.

Start with the exact offence wording and section number.  The current Ontario Court of Justice set fine schedule identifies the principal charge as Unlawfully hunt wildlife in Crown game preserve under subsection 9(1) of the Fish and Wildlife Conservation Act, 1997.

Keep your hunting licence and tag documents, maps, GPS information, photographs, videos, messages, travel records, property records if relevant, and anything showing where you were and what activity occurred.  Do not delete, alter, discard, or modify potentially important evidence.

Should I Pay the Ticket?

Paying the ticket will generally be treated as pleading guilty and will result in a conviction, meaning a finding of guilt.  Before paying, identify the exact location alleged by the prosecution, confirm whether that location was actually within a Crown game preserve, and review whether the evidence establishes hunting rather than merely presence, travel, or firearm possession.

What Is a Hunting in Crown Game Preserves Charge?

Hunting in Crown Game Preserves is a plain English title for the Ontario offence of unlawfully hunting wildlife in a Crown game preserve.  Subsection 9(1) of the Fish and Wildlife Conservation Act, 1997 provides that a person must not hunt, trap, or possess wildlife in a provincial park or Crown game preserve, subject to circumstances prescribed by regulation.  This page focuses on hunting in a Crown game preserve.

A Crown game preserve is not simply any Crown land.  It is a geographic area specifically prescribed as a Crown game preserve under Part XIII of Ontario Regulation 665/98.  The regulation continues to use the preserve descriptions contained in the applicable appendices and schedules of the former Regulation 484.

The exact charge should therefore be matched to the official preserve boundary, the location where the conduct allegedly occurred, the activity relied upon as hunting, and any regulatory exception that may apply.  Other restricted area hunting offences are organized within Property & Restricted Area Charges.

Is Hunting Generally Allowed in a Crown Game Preserve?

No.  Ontario generally prohibits hunting wildlife in Crown game preserves.  Ontario's current 2026 Hunting Regulations Summary states that hunting or trapping in Crown game preserves is illegal.

This is different from the rules for many provincial parks, where hunting may be permitted in specified parks or areas under particular conditions.  A hunting licence, open season, or valid tag does not by itself authorize hunting inside a Crown game preserve.

Is There an Exception for the Himsworth Crown Game Preserve?

Yes.  Ontario Regulation 665/98 contains a specific exception for one portion of the Himsworth Crown Game Preserve.  Section 102.1 exempts a person hunting on the portion described as Lot 6, Concession XVIII in the Township of North Himsworth from the prohibitions in subsections 9(1) and 9(2) of the Fish and Wildlife Conservation Act, 1997.

The exception is location specific.  It does not create a general right to hunt throughout the Himsworth Crown Game Preserve or other Crown game preserves.  Maps, GPS information, survey descriptions, and other location evidence can therefore be especially important where this exception is raised.

What If I Live on Private Property Inside a Crown Game Preserve?

Living on land inside a Crown game preserve does not by itself authorize hunting there.  Section 102 of Ontario Regulation 665/98 provides a limited exemption from the separate subsection 9(2) hunting equipment prohibition for a person who lives on a Crown game preserve, but only with respect to the part of the preserve that the person owns or occupies.

That exemption concerns possession of equipment such as a firearm or trap.  It does not exempt the person from the subsection 9(1) prohibition on hunting wildlife.  Property ownership or occupation therefore should not be treated as a general hunting exception.

Does the Wildlife Have to Be Killed?

No.  Ontario's legal definition of hunting is broader than successfully killing an animal.  Hunting includes lying in wait for, searching for, being on the trail of, pursuing, chasing, or shooting at wildlife, whether or not the wildlife is killed, injured, captured, or harassed.  It also includes capturing or harassing wildlife.

The definition contains an exception for certain lying in wait, searching, trailing, or pursuing undertaken for a purpose other than attempting to kill, injure, capture, or harass wildlife, unless the wildlife is actually killed, injured, captured, or harassed as a result.  The prosecution must therefore prove conduct that falls within the legal meaning of hunting and connect that conduct to you and to the Crown game preserve.

Is Possessing a Firearm in a Crown Game Preserve the Same Charge?

No.  Hunting and possessing hunting equipment in a Crown game preserve are separate offences.  Subsection 9(2) of the Fish and Wildlife Conservation Act, 1997 separately prohibits possession of a firearm, trap, other hunting or trapping device, or explosive in a Crown game preserve unless a regulatory exception applies.

Current Ontario Regulation 665/98 includes two important equipment exceptions.  A person who lives on a Crown game preserve is exempt from subsection 9(2) on the part of the preserve they own or occupy.  Since July 1, 2026, a person travelling through a Crown game preserve in or on a vehicle on a road is also exempt for a firearm or trap if the firearm is unloaded, encased, and remains in or on the vehicle and any trap remains in or on the vehicle.

Those equipment exceptions do not themselves authorize hunting.  If your ticket concerns firearm or trap possession rather than hunting, the exact subsection and facts should be reviewed separately.

What Law Applies?

The principal prohibition is subsection 9(1) of the Fish and Wildlife Conservation Act, 1997.  Part XIII of Ontario Regulation 665/98 identifies the Crown game preserves covered by the rule and contains the limited exceptions described above.  Sections 100 and 101 establish the prescribed preserve areas, section 102 deals with equipment possession exceptions, and section 102.1 contains the Himsworth hunting exception.

What Must Be Proven?

The prosecutor, meaning the lawyer or representative presenting the government's case, must prove every required part of the charge beyond a reasonable doubt.  Beyond a reasonable doubt is the high legal standard that must be met before the court can find you guilty.

For a charge of unlawfully hunting wildlife in a Crown game preserve under subsection 9(1), the issues may include:

• Your identity as the person who engaged in the hunting;
• That the conduct amounted to hunting under Ontario law;
• That the conduct involved wildlife; and
• That the relevant conduct occurred within a legally prescribed Crown game preserve.

If location is disputed, the prosecution's evidence should establish that the alleged hunting occurred within the legal boundary of the preserve.  If you rely on an authorization, exception, exemption, or qualification as operating in your favour, the Provincial Offences Act generally places the burden of establishing it on you, and the prosecutor is not required to disprove it except in rebuttal.

What Is the Fine?

The current set fine for unlawfully hunting wildlife in a Crown game preserve under subsection 9(1) is $200.  A set fine is the preset fine used when a particular provincial offence is dealt with by ticket.

Separate current $200 set fines also apply under section 9 to unlawfully trapping wildlife, possessing wildlife, possessing a firearm, possessing a trap, or possessing another prohibited hunting or trapping device in a Crown game preserve.  Those are separate offences and should not be treated as the same charge merely because they arose from the same incident.

The set fine is not necessarily the total amount payable.  A victim fine surcharge is an additional amount Ontario adds to a fine after conviction, and applicable court costs may also be added.

The general statutory maximum for an individual convicted of an offence under the Fish and Wildlife Conservation Act, 1997 is a fine of up to $25,000, imprisonment for up to one year, or both.  If the offence was committed for commercial purposes, the enhanced maximum can be a fine of up to $100,000, imprisonment for up to two years, or both.  These are statutory maximums and are not the automatic or usual result of a $200 ticket.

Can This Charge Affect My Hunting Licence?

A hunting licence cancellation or prohibition is not automatic merely because you have been charged.  A charge is not a conviction.

After conviction, however, the court may make a discretionary order prohibiting a person for a specified period from holding or obtaining a licence or authorization related to the offence and from engaging in the related regulated activity.  An affected licence or authorization already held must be cancelled if such an order is made.

Could Wildlife, Firearms or Other Property Be Seized?

Yes, where the statutory requirements for seizure are met.  A seizure means wildlife or other property has been taken into official custody.

Depending on the investigation, relevant property may include wildlife, a firearm or other hunting equipment, licences, tags, maps, GPS devices or data, photographs, electronic records, and other evidence connected with the alleged hunting.

Forfeiture means permanent loss of ownership.  Seizure does not itself establish guilt or automatically mean property will be permanently lost, but wildlife and other seized property may be subject to forfeiture where the Fish and Wildlife Conservation Act, 1997 authorizes it.

What Evidence May Be Used?

These cases often depend heavily on location and whether the conduct amounted to hunting.  Relevant evidence may include:

• Official Crown game preserve maps and legal boundary descriptions;
• GPS coordinates, mapping data, vehicle location data, or electronic location records;
• Photographs and videos showing the location and activity;
• Your hunting licence, tag, or other hunting documents;
• Evidence identifying the wildlife involved;
• Property or occupancy records if a subsection 9(2) equipment issue is involved;
• Road and vehicle evidence if the current transit exception is relevant;
• Conservation Officer notes, photographs, recordings, and observations;
• Witness evidence; and
• Statements or electronic communications attributed to you or other people involved.

Disclosure is the relevant information and evidence in the prosecutor's possession or control that you are entitled to receive, subject to the law.  Disclosure should be obtained and reviewed before important decisions are made about a disputed charge.

What Possible Defences or Legal Issues May Apply?

The defence depends on the exact location, alleged hunting activity, wildlife, applicable exception, and available evidence.  Not every defence or legal issue applies to every case.

The Location Was Outside the Crown Game Preserve

A subsection 9(1) charge depends on the alleged hunting occurring inside a legally prescribed Crown game preserve.  Official boundary descriptions, maps, GPS coordinates, roads, waterways, property lines, and Conservation Officer observations may be important where location is disputed.

The Himsworth Exception Applied

If the alleged hunting occurred on Lot 6, Concession XVIII in the Township of North Himsworth, section 102.1 may be directly relevant.  The evidence must establish whether the location actually fell within that specific exempt portion of the Himsworth Crown Game Preserve.

The Conduct Did Not Amount to Hunting

Presence in a Crown game preserve while travelling, hiking, observing wildlife, or engaging in another activity does not automatically establish hunting.  Ontario's definition of hunting is broad, but the evidence still has to establish conduct falling within that definition.

The Charge Concerns Equipment Rather Than Hunting

If the evidence establishes only firearm or trap possession, the prosecution still has to prove the offence actually charged.  The resident property exception or the July 1, 2026 road transit exception may also matter to a subsection 9(2) charge, but those exceptions should not be confused with authorization to hunt.

Due Diligence

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  The Fish and Wildlife Conservation Act, 1997 expressly recognizes this defence where its requirements are established.  Evidence that you checked official maps, confirmed preserve boundaries, verified a specific exception, or took other reasonable compliance steps may be relevant.

Honest and Reasonable Mistake of Fact

An honest and reasonable mistake of fact means honestly and reasonably believing facts that, if true, would make the conduct innocent.  The Act expressly recognizes this defence.  A factual mistake might concern the location of the Crown game preserve boundary or whether the hunting occurred within the specific Himsworth exempt area.  This is different from simply not knowing that hunting in a Crown game preserve was prohibited.

Evidence or Statement Issues

Maps, GPS evidence, officer observations, photographs, electronic records, witness evidence, and statements should be reviewed carefully.  Their accuracy, completeness, context, reliability, and lawful use can affect whether the charge is proven.

What Happens Next?

Your ticket or summons should identify the next procedural step and any response deadline or court date.  Do not miss that deadline while obtaining legal advice, requesting disclosure, or deciding how to respond.

After disclosure is obtained, the charge can be compared with the official preserve boundary, the alleged hunting activity, the wildlife involved, any Himsworth or other relevant exception, Conservation Officer evidence, and any defence supported by the circumstances.

The prosecutor may withdraw the charge, meaning the charge is no longer being pursued, or the matter may be resolved by a guilty plea or another agreement, or proceed to trial.  The appropriate response depends on the evidence, legal issues, possible consequences, and circumstances of your case.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the wording on your ticket, summons, seizure notice, or other documents and compare it with the Crown game preserve boundary, maps, GPS information, wildlife, hunting activity, licences, tags, and circumstances involved.  This can help identify the exact charge, the legal requirements that apply, and the factual issues that may be important to your case.

If the matter proceeds through court, DefendCharges.ca™ can explain the court process, review the available evidence and legal issues, discuss possible penalties or other consequences, and help you understand your options for responding to the charge.

Have Questions About Hunting Charges?

Whether you have been charged with one hunting offence or several, understanding the exact restricted area rule involved is important.  DefendCharges.ca™ can review your case, explain the charges you are facing, and help you understand your legal options and the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Ontario generally prohibits hunting wildlife in Crown game preserves;
• A Crown game preserve is a specifically prescribed geographic area and is not simply any Crown land;
• The current set fine for unlawfully hunting wildlife in a Crown game preserve under subsection 9(1) is $200;
• Ontario Regulation 665/98 contains a specific hunting exception for Lot 6, Concession XVIII in the Township of North Himsworth;
• Living on property inside a Crown game preserve can create a limited equipment possession exception but does not itself authorize hunting;
• Since July 1, 2026, a person may travel through a Crown game preserve on a road with an unloaded, encased firearm or a trap remaining in or on the vehicle where the regulatory conditions are satisfied, but that does not authorize hunting;
• Location evidence and whether the conduct legally amounted to hunting can be central issues; and
• The exact offence wording and disclosure should be reviewed before deciding how to respond.

Conclusion

A Hunting in Crown Game Preserves charge should be reviewed using the exact offence wording, official preserve boundary, location evidence, alleged hunting activity, wildlife involved, and any applicable regulatory exception.  A hunting licence, open season, valid tag, or ownership of property inside a preserve does not by itself authorize hunting there.

Before paying the ticket or entering a plea, review the charge, disclosure, maps, GPS information, hunting documents, photographs, possible exceptions or defences, and potential consequences.  Legal representation can help determine whether the alleged hunting occurred within a Crown game preserve and whether the evidence proves the offence.