Hunting Farmed or Captive Wildlife in Ontario:

---

Last Updated: September 13 2026

---

Question: What should I do after receiving a ticket or summons for hunting farmed or captive wildlife in Ontario?

Answer: If you got a ticket or summons for hunting farmed or captive wildlife in Ontario, don’t panic and don’t miss the response deadline; the offence is a provincial wildlife charge under section 41 of the Fish and Wildlife Conservation Act, 1997 and guilt can be implied if you pay without a review.  First, confirm the exact offence wording and section number, gather evidence about the animal’s classification (farmed vs captive wildlife), captivity conditions, who permitted the hunt, and whether any exception applied (like a licensed game bird hunting preserve or a qualifying licensed train and trial area).  Then contact DefendCharges.ca™ for paralegal support to assess what the prosecution must prove and what defences or resolution options may fit your facts, and call (647) 559-3377 to discuss your matter.

Add this website to Google Preferred Sources

---

Hunting Farmed or Captive Wildlife in Ontario

Received a ticket or summons for Hunting Farmed or Captive Wildlife in Ontario?  You have been charged with a provincial offence under Ontario wildlife law.  The charge may concern hunting a farmed animal, permitting a farmed animal to be hunted, hunting game wildlife or specially protected wildlife while it was in captivity, or permitting that captive wildlife to be hunted.

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's prohibition has specific exceptions, including qualifying game bird hunting preserves and certain regulated train and trial activities.  The animal or wildlife involved, whether it was legally considered captive, what activity occurred, who permitted it, and whether an exception applied can all be important.

This page explains what a Hunting Farmed or Captive Wildlife charge means, the four principal offences under section 41, Ontario's broad legal meaning of hunting, the difference between a farmed animal and captive wildlife, applicable exceptions, what must be proven, current fines and possible consequences, evidence, legal issues and defences, and what may happen next.  These offences are part of Wildlife Possession & Transportation Charges.

I Received a Hunting Farmed or Captive Wildlife 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.  Your ticket may state Unlawfully hunt farmed animal, Unlawfully permit hunting of farmed animal, Unlawfully hunt wildlife in captivity, or Unlawfully permit hunting of wildlife in captivity.

Keep photographs, videos, property and enclosure records, farm or captive wildlife records, licences, game bird hunting preserve documents, train and trial area documents, messages, advertisements, payment records if relevant, and anything else connected with the incident.  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 which of the four section 41 offences is on your ticket and whether the evidence establishes the type of animal, captivity, hunting activity, permission, and absence of an applicable exception required for that charge.

What Is a Hunting Farmed or Captive Wildlife Charge?

Hunting Farmed or Captive Wildlife is a plain-English title covering four related offences under section 41 of the Fish and Wildlife Conservation Act, 1997.  A person must not hunt or permit the hunting of a farmed animal.  A person must also not hunt or permit the hunting of game wildlife, specially protected wildlife, or other wildlife prescribed by regulation while that wildlife is in captivity.

Clause 41(1)(a) separately prohibits hunting a farmed animal.  To fall within that provision, however, the animal must meet Ontario's statutory definition of a farmed animal, which includes the requirement that it be kept in captivity in Ontario for a qualifying commercial propagation or production purpose.

For game wildlife, specially protected wildlife, or other prescribed wildlife under clause 41(1)(b), the wildlife must have been in captivity at the time it was hunted.

The section also applies to a person who permits the hunting.  A property owner, operator, keeper, or another person may therefore face a section 41 charge even if someone else was the person who actually hunted the animal, provided the evidence proves the permission required by the offence.

The exact offence should be matched to the animal or wildlife, its legal classification, the hunting activity, captivity evidence, permission evidence, and any exception that may apply.  Other wildlife possession and transportation offences are organized within Wildlife Possession & Transportation Charges.

What Is a Farmed Animal?

Farmed animal has a specific legal meaning under the Fish and Wildlife Conservation Act, 1997.  It includes a white-tailed deer, American elk, fisher, fox, lynx, marten, mink, raccoon, or another prescribed species that is being kept in captivity in Ontario for commercial propagation or the commercial production of meat, hides, pelts, antler products, or other products.

The legal definition matters because an animal is not necessarily a farmed animal under the Act simply because it is located on a farm or is privately owned.  The species, captivity, and purpose for which it was being kept can be important.

What Is Captive Wildlife?

For clause 41(1)(b), the prohibition applies to game wildlife, specially protected wildlife, and any other wildlife prescribed by regulation when the wildlife is in captivity at the time it is hunted.

Game wildlife and specially protected wildlife are legal categories under Ontario's Fish and Wildlife Conservation Act, 1997.  Whether an animal falls within one of those categories depends on its species and legal classification.

The prosecution must also establish that the wildlife was in captivity when the hunting occurred.  Evidence about fencing, pens, enclosures, cages, buildings, barriers, control of the animal, and the circumstances in which it was being kept may therefore be important.

What Does Ontario Mean by Hunting?

An animal does not have to be shot or killed for conduct to amount to hunting under Ontario wildlife law.  The Fish and Wildlife Conservation Act, 1997 gives hunting a broad meaning.

Ontario's definition of 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 searching, tracking, or pursuing activity 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.  A successful kill is therefore not required for a section 41 charge.

What Does It Mean to Permit the Hunting?

Section 41 separately prohibits permitting the prohibited hunting.  This allows a charge to be laid against someone other than the person who personally carried out the hunting activity.

The prosecution still has to prove the connection between you and the permission alleged.  Ownership of land or animals does not automatically establish that you permitted a particular hunt.

Relevant evidence may include communications, advertisements, booking or payment records, instructions given to hunters, access arrangements, witness evidence, and what the person responsible for the animals or property knew and authorized.

When Is Hunting Captive Wildlife Allowed?

Section 41 contains specific exceptions.  The prohibition does not apply merely because wildlife is captive in every possible circumstance.

The Act expressly exempts hunting game birds in 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.  The preserve and hunting activity must still operate under the applicable legal requirements.

Ontario Regulation 668/98 also creates an exception for qualifying activities in a licensed train and trial area.  These are regulated areas where specified wildlife is kept so that dogs can be taught or tested in hunting skills.  Section 41 does not apply to the licensed operator who permits dogs to be on the trail of wildlife kept in the area or to a person whose dogs are on the trail of that wildlife under the licensed operation.

The Fish and Wildlife Conservation Act, 1997 also does not apply to animals being kept in captivity in a research facility registered under the Animals for Research Act.

The existence of an exception should be checked against the actual location, licence, activity, animal, and conditions rather than assuming that any private preserve, enclosure, dog training area, captive animal operation, or research facility falls outside section 41.

Is This the Same as Hunting Wildlife to Keep It in Captivity?

No.  These are different offences.  Section 40(3) deals with hunting or trapping game wildlife or specially protected wildlife from the wild for the purpose of keeping it in captivity.

Section 41 instead deals with hunting or permitting the hunting of a farmed animal or hunting or permitting the hunting of covered wildlife that is already in captivity.  The exact section number on your ticket is therefore important.

What Law Applies?

The principal provision is section 41 of the Fish and Wildlife Conservation Act, 1997.  Subsection 41(1) creates the hunting and permitting offences, while subsections 41(2) and 41(3) provide for exceptions.

Ontario Regulation 668/98, Wildlife in Captivity, contains the relevant train and trial area exception and related captive wildlife rules.  The game bird hunting preserve exception is expressly recognized by section 41 itself.

What Must Be Proven?

The prosecutor, meaning the lawyer or representative presenting the government's case, must prove every required part of the particular 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 a farmed animal, the issues may include:

• Your identity as the person who engaged in the hunting;
• The animal involved;
• That the animal met the legal definition of a farmed animal; and
• That your conduct amounted to hunting within Ontario's legal definition.

For a charge involving wildlife in captivity, the prosecution may need to establish:

• Your identity;
• The species and legal classification of the wildlife;
• That the wildlife was in captivity at the time it was hunted;
• That the conduct amounted to hunting; and
• The facts required by the particular offence stated on your ticket.

For a charge of permitting the hunting, the prosecution must establish the prohibited hunting and that you permitted it.  If you rely on a statutory or regulatory exception, the applicable burden concerning that exception must also be considered.

What Is the Fine?

The current set fine is $300 for each of the four section 41 offences listed in the Ontario Court of Justice set-fine schedule.  A set fine is the preset fine used when a particular provincial offence is dealt with by ticket.

The $300 set fine applies to:

• Unlawfully hunting a farmed animal;
• Unlawfully permitting the hunting of a farmed animal;
• Unlawfully hunting wildlife in captivity; and
• Unlawfully permitting the hunting of wildlife in captivity.

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 $300 ticket.

Can This Charge Affect a Licence or Authorization?

A 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 prohibit a person for a specified period from possessing, applying for, or obtaining a licence or authorization related to the offence and from engaging in the activity for which it would be required.  If the person already holds the affected licence or authorization, it must be cancelled when such a prohibition is imposed.

Could Wildlife 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 the animal or wildlife, hunting equipment, licences or authorizations, preserve or captive wildlife records, photographs, electronic records, and other property believed to provide evidence of the offence.

Forfeiture means permanent loss of ownership.  Wildlife seized in connection with an offence is subject to the forfeiture provisions of the Fish and Wildlife Conservation Act, 1997, and other seized property may also be forfeited where the Act authorizes it.

What Evidence May Be Used?

These charges can depend on the animal's legal status, captivity, the hunting activity, and who authorized or permitted what happened.  Relevant evidence may include:

• The animal or wildlife and species identification evidence;
• Photographs or videos showing the animal, enclosure, hunting activity, or location;
• Farm, captive wildlife, game bird hunting preserve, or train and trial area records;
• Licences, authorizations, and other regulatory documents;
• Property records, fencing or enclosure evidence, and records showing how the animal was kept;
• Advertisements, bookings, payment records, messages, emails, or other communications;
• Conservation Officer notes, photographs, recordings, and observations;
• Witness evidence; and
• Statements 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 section 41 offence, animal, legal classification, captivity, activity, permission evidence, exceptions, and available evidence.  Not every defence or legal issue applies to every charge.

The Animal Was Not a Farmed Animal

A farmed-animal charge depends on the statutory definition.  The evidence may not establish the required species, captivity, or commercial propagation or production purpose.

The Wildlife Was Not Covered by Clause 41(1)(b)

For a captive-wildlife charge, species identification and legal classification may be disputed.  The prosecution must establish that the animal fell within the wildlife covered by the charged provision.

The Wildlife Was Not in Captivity

Clause 41(1)(b) applies where the wildlife was in captivity at the time it was hunted.  The nature of the enclosure, barriers, control, location, and circumstances may be important if captivity is disputed.

The Conduct Did Not Amount to Hunting

Ontario's definition of hunting is broad, but the evidence must still establish conduct that falls within it.  Presence near an animal, possession of hunting equipment, or presence on the property does not automatically prove that you hunted the animal.

You Did Not Permit the Hunting

For a permitting charge, the prosecution must prove that you permitted the prohibited hunting.  Merely owning property, operating a business, keeping the animal, or being present does not by itself establish permission for the particular activity.

A Game Bird Hunting Preserve or Train and Trial Exception Applied

The section 41 prohibition may not apply where the activity fell within the statutory game bird hunting preserve exception or the prescribed train and trial area exception.  The licence, location, animal, activity, and applicable conditions should be reviewed carefully.

Due Diligence

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  The Fish and Wildlife Conservation Act, 1997 recognizes this defence where its requirements are established.  Depending on the charge, evidence about rules given to hunters, access controls, supervision, signs, staff instructions, licensing checks, or other reasonable preventive 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 recognizes this defence where its requirements are established.  A factual mistake is different from simply not knowing that Ontario law prohibits the activity.

Evidence or Statement Issues

Species evidence, photographs, captivity evidence, licences, preserve or facility records, communications, Conservation Officer observations, 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 animal or wildlife, legal classification, captivity evidence, hunting activity, permission evidence, licences or authorizations, applicable exceptions, 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 wildlife, records, captivity evidence, licences or authorizations, 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 or wildlife 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 41 prohibits both hunting and permitting the hunting of farmed animals and covered wildlife that is in captivity;
• A farmed animal has a specific statutory definition that includes being kept in captivity in Ontario for a qualifying commercial purpose;
• For game wildlife or specially protected wildlife, captivity at the time of the hunting is an important element of the charge;
• Ontario's definition of hunting is broad and does not require that the animal was actually killed;
• Game bird hunting preserves and qualifying train and trial activities are important exceptions to the section 41 prohibition;
• The Fish and Wildlife Conservation Act, 1997 does not apply to animals kept in captivity in a research facility registered under the Animals for Research Act;
• The current set fine for each of the four listed section 41 offences is $300; and
• The exact offence wording, animal classification, captivity and permission evidence, applicable exceptions, and disclosure should be reviewed before deciding how to respond.

Conclusion

A Hunting Farmed or Captive Wildlife charge should be reviewed using the exact offence wording, animal or wildlife classification, whether the animal met the applicable captivity requirements, the hunting activity, who allegedly permitted it, and whether a game bird preserve, train and trial, research facility, or other applicable exception or exclusion applied.  Hunting and permitting the hunting are separate offences.

Before paying the ticket or entering a plea, review the charge, disclosure, photographs, animal and facility records, licence or authorization documents, communications, possible defences, and potential consequences.  Legal representation can help determine whether the evidence proves the particular section 41 offence.