Hunting on Crown Land Where Prohibited in Ontario:

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Last Updated: September 13 2026

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Question: What should I do after getting a ticket for unlawfully hunting on designated Crown land in Ontario?

Answer: After receiving a ticket or summons for hunting on Crown land where prohibited in Ontario, read the exact offence wording and location details on the document, identify the designated Crown land description relied on by the charge, and preserve all hunting records (licence, tags, permits, GPS, photos, and maps); do not miss the response deadline, because paying a ticket is usually treated as a guilty plea and can lead to a conviction.   You can also ask a paralegal at DefendCharges.ca™ to review the Crown land designation and the Part XIV condition alleged under section 104 of Ontario Regulation 665/98, since hunting is not automatically banned on all Crown land and may be lawful if the specific requirements were met; call (647) 559-3377 to discuss options for your next steps in Ontario Court of Justice.

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Hunting on Crown Land Where Prohibited in Ontario

Received a ticket or summons for Hunting on Crown Land Where Prohibited in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  The charge generally concerns hunting on designated Crown land in circumstances that did not comply with the special rules governing hunting in that area.

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.  Ontario does not prohibit hunting on all Crown land.  For this charge, the exact location and the particular rules applying to that designated Crown land are important because hunting can be lawful there when the applicable requirements are met.

This page explains what a Hunting on Crown Land Where Prohibited charge means, what designated Crown land means, when hunting may be permitted, what must be proven, the current set fine and possible consequences, the evidence and legal issues that may matter, and what may happen next.  This offence is part of Property & Restricted Area Charges.

I Received a Hunting on Crown Land Where Prohibited 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 Schedule 17.7 uses the short form wording Unlawfully hunt on Crown land for the offence under section 104 of Ontario Regulation 665/98.  If your ticket instead refers to a Crown game preserve, Bruton and Clyde, a special hunting area, or Crown land trespass, you may be facing a different offence.

Keep your ticket or summons, hunting licence and tag documents, any permit or other authorization, maps, GPS information, photographs, videos, messages, receipts, and anything showing where you were, what species you were hunting, and when the hunting 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 Crown land location relied on in the charge and review the Part XIV rule said to have been broken.

A valid hunting licence or open season does not automatically answer the charge.  The designated Crown land may have an additional requirement involving the species, date, licence or permit, hunting area, day, or another condition that also had to be satisfied.

What Is a Hunting on Crown Land Where Prohibited Charge?

Hunting on Crown Land Where Prohibited is a plain English title for the Ontario offence of unlawfully hunting on designated Crown land under section 104 of Ontario Regulation 665/98.  Section 104 provides that a person must not hunt in a provincial park or on Crown land described in Part 3 of Ontario Regulation 663/98 except in accordance with Part XIV of Ontario Regulation 665/98.  This page focuses on the Crown land portion of that rule.

Designated Crown land means Crown land specifically described in Part 3 of Ontario Regulation 663/98 for the Part XIV hunting rules.  It does not mean every parcel of Crown land in Ontario.  Part 3 identifies the scheduled lands on which hunting is permitted in accordance with Part XIV.

Part XIV determines how hunting may occur in the scheduled area.  Depending on the location, the applicable rule can involve the wildlife being hunted, the hunting licence held, an additional licence or permit, an open season, a specified period, a particular day, or another location specific requirement.

The central question is therefore not simply whether you were on Crown land.  The prosecution must connect your hunting to Crown land governed by section 104 and to the Part XIV requirement said to make the hunting unlawful.  Other restricted location hunting allegations are organized under Property & Restricted Area Charges.

Is Hunting Generally Prohibited on Ontario Crown Land?

No.  Section 104 is not a general ban on hunting throughout Ontario Crown land.  It applies to the Crown land described in Part 3 of Ontario Regulation 663/98 and requires hunting there to comply with Part XIV of Ontario Regulation 665/98.

The legal question in a section 104 case is whether the particular location was one of the designated Crown land areas and, if so, whether your hunting complied with the rule that applied there.  The fact that land was owned by the Crown does not by itself establish this offence.

Can Hunting Be Legal on Designated Crown Land?

Yes.  Part XIV permits hunting in the designated areas when its conditions are satisfied.  The conditions differ by scheduled area and can include restrictions tied to a species, hunting licence, additional permit or licence, date, season, day, area, or other requirement.

Section 105 also provides that the other hunting rules in Ontario Regulation 665/98, other regulations made under the Fish and Wildlife Conservation Act, 1997, and the applicable federal migratory bird rules continue to apply unless Part XIV provides otherwise.  Compliance with a special Crown land rule therefore does not remove unrelated hunting requirements that still apply to the hunt.

How Do I Know Whether the Location Was Designated Crown Land?

The alleged hunting location must be compared with the legal area description.  Part 3 of Ontario Regulation 663/98 contains the scheduled descriptions used by Part XIV, and section 103 of Ontario Regulation 665/98 connects the Part XIV schedule references to those Part 3 schedules.

Location evidence can include maps, GPS coordinates, Conservation Officer observations, photographs, road or water access points, survey information, and other records showing where the hunting occurred.  When the alleged location is close to a boundary, the accuracy of that evidence may become particularly important.

Is This the Same as Hunting in a Crown Game Preserve?

No.  A Crown game preserve and designated Crown land under section 104 are governed by different provisions.  Hunting wildlife in a Crown game preserve is principally addressed by subsection 9(1) of the Fish and Wildlife Conservation Act, 1997, while this charge concerns hunting on designated Crown land contrary to section 104 and Part XIV.

Ontario also has separate offences for hunting in the Bruton and Clyde Crown lands and in prescribed special hunting areas.  Those provisions should not be substituted for section 104 merely because each involves Crown land or a restricted hunting location.

What Law Applies?

Section 104 of Ontario Regulation 665/98 is the principal rule for this charge.  It prohibits hunting on Crown land described in Part 3 of Ontario Regulation 663/98 except in accordance with Part XIV.  Section 97(1) of the Fish and Wildlife Conservation Act, 1997 makes a contravention of the Act or its regulations an offence.

Ontario Regulation 663/98 supplies the scheduled area descriptions, while Part XIV of Ontario Regulation 665/98 supplies the hunting rules for those areas.  The Fish and Wildlife Conservation Act, 1997 also provides the statutory defences, penalties, enforcement powers, and possible court orders that can apply after a charge or conviction.

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 on Crown land under section 104, the important issues generally include:

• Your identity as the person who engaged in the conduct;
• That your conduct amounted to hunting under Ontario law;
• That the hunting occurred on Crown land described in Part 3 of Ontario Regulation 663/98; and
• That the hunting did not comply with the Part XIV requirement that applied to that designated Crown land.

The precise fourth issue depends on the scheduled area and the rule relied on in the case.  It may concern the species, licence, permit, open season, date, day, location, or another condition imposed by Part XIV.

If you rely on an authorization, exception, exemption, or qualification as operating in your favour, Ontario's Provincial Offences Act generally places the burden of proving that it applies on the defendant.  In practical terms, a permit, licence, or other special authority that forms part of your defence should be identified and preserved.

Can You Be Charged if No Animal Was Killed?

Yes.  An animal does not have to be killed for a section 104 hunting charge to apply.  Ontario's legal meaning of hunting includes activities such as 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.

The definition also contains limits for some searching, trailing, pursuing, or lying in wait done for a purpose other than attempting to kill, injure, capture, or harass wildlife.  The activity, purpose, equipment, location, and surrounding circumstances may therefore matter when the prosecution says that conduct amounted to hunting.

What Are Common Situations That Lead to This Charge?

The Hunter Was Outside the Permitted Date or Period

A designated Crown land area may permit hunting only during a particular period connected to an open season or another date specified in Part XIV.  The offence date and the rule for the particular schedule should be compared carefully.

The Hunter Did Not Have the Required Licence or Permit

Some Part XIV hunting opportunities require a particular hunting licence and may also require another licence or permit for the designated area.  The issue may be whether the required authority existed and applied to the person, location, species, and date involved.

The Wildlife Was Not Authorized in That Area

Part XIV does not create one uniform hunting rule for every scheduled area.  A location may allow hunting of particular wildlife while imposing different conditions on other wildlife.  Species identification and the exact scheduled rule may therefore be important.

The Location Was Near a Scheduled Boundary

A charge may turn on whether the hunting occurred inside or outside the designated Crown land described by regulation.  GPS records, maps, photographs, landmarks, officer location records, and the legal area description can become central evidence.

What Is the Fine?

The current set fine for unlawfully hunting on Crown land under section 104 of Ontario Regulation 665/98 is $200.  A set fine is the preset fine used when a particular provincial offence is dealt with by ticket.

The set fine is different from the statutory maximum available if the matter proceeds through court.  Under the general penalty provision of the Fish and Wildlife Conservation Act, 1997, a person convicted of an offence under the Act may be liable to a fine of up to $25,000, imprisonment for up to one year, or both.

Those are maximum penalties, not the automatic or usual result of an ordinary section 104 ticket.  The actual sentence or other consequence depends on the circumstances and how the case is resolved.

Can This Charge Affect My Hunting Licence or Authorization?

Potentially, but a licence or authorization restriction 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 make an order restricting a person from possessing, applying for, or obtaining a type of licence or authorization related to the offence and from engaging in an 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 such an order is relevant depends on the offence and circumstances.

What Evidence May Be Used?

The most important evidence usually concerns the exact location, the hunting activity, and the Part XIV requirement said to have been breached.  The evidence should be matched to the particular scheduled Crown land rather than reviewed only as a general hunting case.

Maps and Location Evidence

Official area descriptions, maps, GPS coordinates, officer notes, photographs, videos, road locations, water access points, and other geographic evidence may be used to establish whether the hunting occurred on Crown land governed by section 104.  Boundary accuracy can be especially important when the incident occurred near the edge of a designated area.

Hunting Licence, Permit, and Season Records

Licence summaries, species licences, tags where relevant, special permits, and records showing the applicable season or authorized dates may be used to determine whether the hunt complied with Part XIV and the other hunting rules that continued to apply.

Officer and Witness Evidence

Conservation Officer observations, notes, photographs, video, statements, and testimony from other people present may be used to establish what you were doing, the wildlife involved, your location, and what hunting documents were available.

Electronic and Physical Evidence

Cell phone photographs, messages, GPS tracks, mapping applications, trail camera footage, vehicle information, firearms, hunting equipment, and wildlife may provide evidence about the activity, location, species, or timing of the hunt.

What Possible Defences or Legal Issues May Apply?

The defence depends on the exact scheduled area, the Part XIV rule relied on, and the available evidence.  The charge should be tested against the legal description and requirements that actually applied on the date of the incident.

The Location Was Not Crown Land Governed by Section 104

The prosecution must establish that the relevant hunting occurred on Crown land described in Part 3 of Ontario Regulation 663/98.  If the location evidence does not reliably place the hunting inside the designated area, the geographic element may be disputed.

The Hunting Complied with Part XIV

A licence, permit, date, species, or other evidence may show that the hunting was permitted under the Part XIV rule governing the scheduled area.  The correct provision should be applied rather than assuming that the designation itself prohibited all hunting.

The Conduct Did Not Amount to Hunting

Being present on Crown land with outdoor equipment does not automatically establish every element of hunting.  The prosecution evidence must be considered against Ontario's legal definition and the actual purpose and conduct shown by the circumstances.

Identification or Location Evidence Is Unreliable

Conflicting witness accounts, uncertain GPS information, inaccurate maps, missing photographs, or ambiguity about who was engaged in the hunting may affect whether the prosecution can prove the charge beyond a reasonable doubt.

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.  Whether that defence is realistic depends on the facts and the steps actually taken.

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 the boundary, permit status, date, or another material circumstance may be relevant if the requirements of the defence are met.

Could Property Be Seized or Forfeited?

Yes, where the statutory requirements are met, but seizure and forfeiture are not automatic in every Crown land hunting case.  A seizure means property has been taken into official custody.  Under section 92 of the Fish and Wildlife Conservation Act, 1997, a Conservation Officer who is lawfully in a place may seize a thing the officer believes on reasonable grounds was obtained by, used in, or will provide evidence of an offence under the Act.

Depending on the investigation, this could include wildlife, a firearm, hunting equipment, or another item connected with the charge.  Forfeiture means permanent loss of ownership and is legally different from seizure.  After conviction, seized wildlife connected with the offence is subject to the Act's forfeiture rules, and a court may order forfeiture of other seized property where the statutory requirements 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 Conservation Officer notes, maps, GPS information, photographs, witness statements, hunting documents, and other investigative material.

After disclosure is available, compare the evidence with section 104 and the exact Part XIV rule that applies to the scheduled Crown land.  The review should focus on whether the location is legally covered, whether the conduct amounted to hunting, which special requirement applied, whether it was breached, and whether an authorization, statutory defence, or other legal issue is supported by the evidence.

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

• Section 104 does not prohibit hunting on all Ontario Crown land;
• The offence applies to Crown land described in Part 3 of Ontario Regulation 663/98 when hunting does not comply with Part XIV of Ontario Regulation 665/98;
• The applicable rule may depend on the location, wildlife, licence, permit, season, date, day, or another scheduled condition;
• An animal does not have to be killed for conduct to amount to hunting under Ontario wildlife law;
• The current set fine for unlawfully hunting on Crown land under section 104 is $200;
• Property connected with the investigation may be seized where the statutory requirements are met; and
• The exact location, Part XIV rule, hunting documents, and disclosure should be reviewed before deciding how to respond.

Conclusion

A Hunting on Crown Land Where Prohibited charge under section 104 should be reviewed by identifying the exact Crown land described in the regulation and the Part XIV requirement said to have been breached.  The fact that land is Crown land does not by itself establish the offence because section 104 concerns specifically designated Crown land and allows hunting there when the applicable requirements are met.

Before paying the ticket or entering a plea, review the location evidence, hunting activity, wildlife, licence or permit, applicable dates, disclosure, possible consequences, and any defence or legal issue supported by the circumstances.  Legal representation can help determine whether the evidence proves the charge and what options are available for responding to it.