Hunting on a Game Bird Hunting Preserve Contrary to Regulations in Ontario:

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Last Updated: September 13 2026

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Question: In Ontario, what should I do after getting a ticket for hunting on a game bird hunting preserve contrary to the regulations?

Answer: DefendCharges.ca™ can help Ontario hunters and preserve owners understand how a provincial offence charge for a game bird hunting preserve works, what facts matter on the ticket or summons, and what to do before you respond so you can protect your options in provincial offences court.  A paralegal at DefendCharges.ca™ can review the exact offence wording and section on your charge, compare it to the preserve licence and species rules, assess whether required outdoors card, firearm requirements, accreditation, and the required removal statement were handled correctly, and explain whether paying could be treated as a guilty plea.  If you want to discuss next steps for your specific case, call (647) 559-3377.

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Hunting on a Game Bird Hunting Preserve Contrary to Regulations in Ontario

Received a ticket or summons for Hunting on a Game Bird Hunting Preserve Contrary to Regulations in Ontario?  You have been charged with a provincial offence, meaning an Ontario offence dealt with through the provincial offences court process.  The charge may concern hunting a game bird species not authorized for the preserve, permitting a person to hunt when required conditions were not met, removing a game bird without the required statement, failing to retain or deliver that statement, or owning or operating a game bird hunting preserve without the required licence or contrary to the applicable regulations.

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.  A licensed game bird hunting preserve operates under special rules that differ from ordinary hunting rules.  The exact section number and wording on your ticket or summons matter because the hunter, the preserve owner or operator, and the person removing a game bird can have different legal duties.

This page explains what a game bird hunting preserve charge means, the main preserve rules, what must be proven, the current set fines and possible consequences, the evidence and legal issues that may matter, and what may happen next.  These offences are part of Property & Restricted Area Charges.

I Received a Game Bird Hunting 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.  A charge for hunting a game bird species not authorized for the preserve is different from a charge against an owner or operator for permitting a person to hunt, and both are different from a charge involving the statement required before a game bird is removed.

Keep the records already available to you that may help explain what happened.  Depending on the charge, these may include the preserve licence, species records, your Outdoors Card, accreditation or gun documentation, preserve statements, receipts, photographs, messages, booking records, and maps.

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 preserve offence and compare it with the preserve licence, the species involved, the hunter's qualifications and documents, and any statement required for a game bird removed from the preserve.

The amount printed on a ticket is a set fine for the specific offence charged.  Different game bird hunting preserve offences carry different set fines, and a ticket set fine is different from the maximum penalty a court may impose after conviction.

What Is Hunting on a Game Bird Hunting Preserve Contrary to Regulations?

This is a plain English title covering several Ontario offences connected with hunting on or operating a game bird hunting preserve.  A game bird hunting preserve is an area in which game birds propagated under a licence are released for hunting purposes.  A game bird is a bird from a species prescribed by Ontario law as a game bird.

The governing rules distinguish between the preserve owner or operator, the person hunting, and the person removing a game bird.  The charge on your documents may involve one of the following:

• Owning or operating a game bird hunting preserve without the required preserve licence or contrary to the applicable regulations;
• Permitting a person to hunt on the preserve when the requirements in subsection 97.1(2) were not met;
• Hunting a species of game bird for which the preserve licence was not valid;
• Removing a game bird from the preserve before obtaining the required statement;
• Failing to retain the required statement while possessing a game bird described in it; or
• Failing, as the preserve licence holder, to deliver the required statement before the game bird was removed.

The exact offence matters because each provision has its own facts and set fine.  If your incident involved more than one property or preserve allegation, the other charges in the same category are organized under Property & Restricted Area Charges.

Do You Need a Hunting Licence on a Game Bird Hunting Preserve?

Not always, but the preserve exception has conditions.  Under the current regulation, a person may hunt game birds or chukar partridge on a game bird hunting preserve without a separate licence to hunt them if the person holds a valid Outdoors Card and meets one of Ontario's accreditation requirements for a licence to hunt.  Accreditation means the hunter qualification requirement recognized under Ontario's hunting rules.

If the person hunts with a gun, the separate gun hunting requirements in section 25.2 also apply.  Those requirements concern the firearm documentation or qualification that legally permits a person to hunt with a gun.

The owner or operator has a separate duty under subsection 97.1(2).  The operator must not permit a person to hunt unless the person holds a valid Outdoors Card, meets the section 25.2 requirements if hunting with a gun, and has provided documentation confirming the requirements specified in subsection 97.1(2).

Can Birds Be Hunted Outside the Normal Open Season on a Preserve?

Yes, certain birds can be hunted throughout the year on a licensed game bird hunting preserve.  Gray (Hungarian) partridge, northern bobwhite, ring-necked pheasant, and wild turkey on a game bird hunting preserve may be hunted at any time of the year.  The specified open season table restrictions do not apply to those species when they are hunted on a game bird hunting preserve under section 98.

Chukar partridge is treated separately by the regulation.  Chukar partridge released under section 54 of the Fish and Wildlife Conservation Act, 1997 may also be hunted at any time of the year, and since July 1, 2026 the preserve rules expressly allow a preserve licence holder to release chukar partridge for hunting during the period and in the area covered by the preserve licence.

These preserve exceptions do not remove unrelated hunting requirements.  The species, preserve authority, hunter documents, firearm rules, and conduct identified in the charge still matter.

Does the Preserve Licence Have to Cover the Species?

For a game bird charge under subsection 97.1(3), yes.  A person must not hunt a species of game bird on a game bird hunting preserve unless the preserve licence is valid for that species.  The preserve licence in force on the date of the incident is therefore central to this charge.

Chukar partridge must be kept legally separate from this game bird species rule.  The July 1, 2026 amendments expressly include chukar partridge in the preserve hunting licence exception and allow a preserve licence holder to release chukar partridge for hunting, while subsection 97.1(3) continues to refer specifically to a species of game bird.

What Statement Is Required Before a Game Bird Is Removed?

A game bird must not be removed from a preserve until the person removing it has obtained the required statement from the owner or operator.  The statement must show:

• The name and address of the game bird hunting preserve where the bird was obtained;
• The name and address of the person entitled to remove the game bird;
• The date the bird was obtained; and
• The number of birds of each species obtained.

The person named in the statement must retain it for as long as any game bird described in it remains in that person's possession and must show it to a Conservation Officer when requested.  The preserve licence holder has a separate duty to deliver the statement before the game bird is removed.

Section 99 uses the legal term game bird.  It does not extend the statement duties by using the separate term chukar partridge, so the species identified in a statement charge should be checked carefully rather than assuming every bird hunted on a preserve is governed by section 99.

What Law Applies?

The principal rules are found in the Fish and Wildlife Conservation Act, 1997 and Ontario Regulation 665/98, Hunting.  Section 33 of the Act requires a person who owns or operates a game bird hunting preserve to do so under the authority of a licence and in accordance with the regulations.

Sections 97.1 to 99 of Ontario Regulation 665/98 contain the preserve rules most likely to matter to a charged hunter or preserve operator.  They address the preserve hunting licence exception, the conditions an operator must satisfy before permitting a person to hunt, game bird species authority, special year round hunting rules, and the statement required when a game bird is removed.  The current 2026 regulation also deals separately with chukar partridge.

What Must Be Proven?

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

Owning or Operating a Preserve Without a Licence

For a charge under subsection 33(1) of the Fish and Wildlife Conservation Act, 1997, the prosecution must establish that you owned or operated a game bird hunting preserve and that the operation was not under the required licence authority or was not in accordance with the applicable regulations, depending on the charge.  The legal definition of a game bird hunting preserve, the licence, and the conduct identified in the charge may therefore matter.

Unlawfully Permitting a Person to Hunt

For a charge under subsection 97.1(2), the prosecution must establish that you were the owner or operator and permitted a person to hunt when the conditions imposed on the owner or operator were not satisfied.  Those conditions concern a valid Outdoors Card, the section 25.2 gun hunting requirements when a gun is used, and the required documentation confirming the matters identified in subsection 97.1(2).

Hunting a Game Bird Species Not Authorized for the Preserve

For a charge under subsection 97.1(3), the prosecution must establish that you hunted a species of game bird on the preserve and that the preserve licence was not valid for that species.  Ontario's definition of hunting includes conduct such as searching for, pursuing, chasing, lying in wait for, or shooting at wildlife in circumstances covered by the Act, so a successful kill is not always required.

Removing a Game Bird Without the Required Statement

For a charge under subsection 99(1), the prosecution must establish that you removed a game bird from the preserve before obtaining the statement required by the regulation.  The timing matters because the statement must be obtained before the game bird is removed.

Failing to Retain or Show the Statement

Subsection 99(2) requires the person named in the statement to retain it for as long as any game bird described in it remains in that person's possession and to show it to a Conservation Officer when requested.  The exact short form offence written on the ticket should be checked because the legal duty includes both retention and production when requested.

Failing to Deliver the Statement

For a charge under subsection 99(3), the prosecution must establish that you were the holder of the preserve licence, that a person was entitled to remove a game bird, and that the required statement was not delivered before the game bird was removed.

Operator cases can also engage section 100 of the Fish and Wildlife Conservation Act, 1997.  If an offence was committed by a person in the course of operations under a licence issued to the defendant, the Act treats proof of that offence as sufficient proof against the licence holder unless the licence holder establishes that it occurred without their knowledge or consent.

Can You Be Charged if No Game Bird Was Killed?

Yes for some preserve offences, but not every offence on this page works the same way.  A charge for unlawfully permitting a person to hunt or hunting an unauthorized game bird species can arise even if no bird was ultimately killed because Ontario's definition of hunting includes conduct before a successful harvest.

The removal and statement offences are different.  Those provisions concern a game bird obtained from the preserve, its removal, or possession afterward, so the existence and handling of a game bird can be central to those charges.

What Are Common Situations That Lead to These Charges?

The Hunter Did Not Have the Required Documents

An operator may be charged after allowing a person to hunt when one or more requirements in subsection 97.1(2) were not met.  The case may turn on what documents existed, whether they were valid, what was provided to the owner or operator, and whether a gun was being used.

The Game Bird Species Was Not Covered by the Preserve Licence

A hunter may believe that a species can be hunted because it is commonly associated with game bird preserves, while the particular preserve licence may authorize different game bird species.  The licence in force on the date of the incident is important.

A Game Bird Left the Preserve Without the Required Statement

A hunter, guest, customer, or other person may leave with a game bird before the required statement is prepared or delivered.  The timing of the document, who received it, and when the bird was removed from the preserve may become important.

The Statement Was Lost or Could Not Be Produced

A person may obtain the required statement but later be unable to produce it while still possessing a game bird described in it.  The original statement, preserve records, photographs, messages, or other records may help establish whether the statement was issued and retained.

What Is the Fine?

There is no single set fine for every game bird hunting preserve charge.  A set fine is the preset fine used when a particular provincial offence is dealt with by ticket.  The current set fine schedules list the following principal preserve offences:

• $150 for owning a game bird hunting preserve without a licence under subsection 33(1);
• $150 for operating a game bird hunting preserve without a licence under subsection 33(1);
• $500 for unlawfully permitting a person to hunt on a game bird hunting preserve under subsection 97.1(2);
• $250 for unlawfully hunting a species of game bird on a game bird hunting preserve under subsection 97.1(3);
• $150 for unlawfully removing a game bird from a preserve under subsection 99(1);
• $150 for failing to retain the required statement under subsection 99(2); and
• $150 for failing to deliver the required statement under subsection 99(3).

The set fine is different from the statutory maximum available if the matter proceeds through court.

For an offence that falls under the general penalty provision of the Fish and Wildlife Conservation Act, 1997, the maximum 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 Act provides a higher maximum of up to $100,000, imprisonment for up to two years, or both.

Those are statutory maximums, not the automatic or usual result of an ordinary ticket.  The higher commercial maximum applies only where the statutory commercial purposes requirement is met.

Can a Conviction Affect a Preserve Licence or Other Authorization?

Potentially, but a licence or authorization order is not automatic merely because you have been charged.  After conviction for an offence other than the separate careless firearm offence in subsection 16(1), a court may prohibit a person for a specified period from possessing, applying for, or obtaining a licence or authorization of a kind related to the offence and from engaging in the activity requiring it.

If the court makes that discretionary order for a type of licence or authorization the person already holds, the court must also order that licence or authorization cancelled.  Whether this power is relevant to a particular preserve case depends on the offence and the circumstances.

What Evidence May Be Used?

The important evidence depends on whether the charge concerns the hunter, the preserve operator, the species, or game bird removal paperwork.  The evidence should be matched to the exact offence instead of treated as one general preserve investigation.

Preserve Licence and Species Records

The preserve licence, its effective dates, area, and authorized game bird species may be central.  These records can show whether the preserve was licensed and whether the species identified in a subsection 97.1(3) charge was authorized.

Hunter Qualification and Documentation Records

An Outdoors Card, accreditation records, gun related documentation, booking records, and documents provided to the owner or operator may be relevant.  The exact evidence needed depends on whether the issue is the hunter's preserve licence exception or the separate operator duty under subsection 97.1(2).

Game Bird and Statement Records

The bird itself, species identification, preserve statements, copies of statements, receipts, logs, and records showing when a game bird was obtained or removed may be important to charges under section 99.  These records can help establish whether the required statement existed and whether it was obtained, retained, shown, or delivered at the required time.

Officer, Witness, and Electronic Evidence

Conservation Officer notes, photographs, video, witness statements, messages, payment records, security footage, GPS information, and other electronic records may help establish who hunted, what species was involved, when a game bird left the preserve, and what documents were provided.

What Possible Defences or Legal Issues May Apply?

The defence depends on the exact preserve offence and the available evidence.  A defence or legal issue relevant to an operator charge may be different from one relevant to a hunter's species charge or a statement offence.

The Preserve Licence or Game Bird Species Authority Was Valid

The charge may be disputed if the preserve held a valid licence and the game bird species identified in a subsection 97.1(3) charge was covered by it.  The licence in force on the date of the incident should be compared with the exact charge.

The Required Operator Conditions Were Met

For a subsection 97.1(2) charge, records may show that the hunter held a valid Outdoors Card, met the section 25.2 requirements if hunting with a gun, and provided the documentation required by subsection 97.1(2).  The evidence should be checked against the exact conditions and timing in the regulation.

The Evidence Does Not Establish the Charged Game Bird Species or Hunting Activity

For a subsection 97.1(3) charge, species identification and proof that the person hunted that species may be disputed.  A bird being present on the preserve or a person being present with hunting equipment does not by itself establish every required part of the offence.

The Required Statement Was Properly Obtained, Retained, Shown, or Delivered

A preserve statement, duplicate record, photograph, witness account, or preserve log may contradict an allegation that the required document was missing, not retained, not shown when requested, or delivered too late.  The particular duty and the time at which it had to be performed should be identified first.

The Offence Occurred Without the Licence Holder's Knowledge or Consent

Where section 100 applies to an offence committed in the course of operations under a licence issued to the defendant, the licence holder may establish that the offence occurred without their knowledge or consent.  Evidence about instructions, supervision, staff conduct, records, and what the licence holder knew may therefore be important.

Due Diligence

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  Section 101 of the Fish and Wildlife Conservation Act, 1997 provides a defence where the person charged establishes that they exercised all due diligence to prevent the commission of the offence.  For an operator, the systems actually used to check hunter documents, preserve authority, and removal paperwork 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.  Section 101 also recognizes this defence.  A factual mistake about whether a required document had been issued, the identity of a species, whether a statement had already been delivered, or another material fact may be relevant if the requirements of the defence are met.

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 or deciding how to respond.

If you dispute the charge, the prosecution's disclosure should be obtained and reviewed.  Disclosure is the relevant information and evidence in the prosecutor's possession or control that you are entitled to receive, subject to the law.  It may include officer notes, preserve licence information, photographs, witness statements, electronic records, and documents obtained during the investigation.

After disclosure is available, compare the evidence with the exact provision on the ticket or summons.  Important questions may include whether the preserve licence was valid, whether a charged game bird species was authorized, whether the hunter or operator requirements were met, whether a required statement existed at the correct time, and whether a statutory defence or licence holder issue applies.

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 wildlife, records, and activity 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 your legal options 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

• A game bird hunting preserve operates under special Ontario licensing and hunting rules;
• The preserve hunting licence exception currently covers game birds and chukar partridge when the applicable Outdoors Card and accreditation requirements are met;
• Subsection 97.1(3) specifically prohibits hunting a game bird species that is not covered by the preserve licence;
• Gray (Hungarian) partridge, northern bobwhite, ring-necked pheasant, wild turkey, and lawfully released chukar partridge can be hunted throughout the year under the applicable preserve rules;
• Section 99 requires a statement before a game bird is removed and creates separate retention, production, and delivery duties;
• Current set fines for the principal preserve offences covered here range from $150 to $500; and
• The exact ticket wording, preserve licence, species evidence, hunter documents, statement records, and disclosure should be reviewed before deciding how to respond.

Conclusion

A Hunting on a Game Bird Hunting Preserve Contrary to Regulations charge can involve several different legal duties, including preserve licensing, conditions for permitting a person to hunt, game bird species authority, and the statement required when a game bird leaves the preserve.  The 2026 rules also expressly address chukar partridge separately from the game bird species and statement provisions.

Before paying a ticket or entering a plea, review the preserve licence, species information, hunter documents, statement records, disclosure, consequences, and any defence or legal issue supported by the circumstances.  Legal representation can help determine whether the evidence proves the particular offence and what options are available.