Illegal Buying or Selling of Wildlife in Ontario:

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Last Updated: September 13 2026

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Question: Received an illegal buying or selling of wildlife ticket or summons in Ontario; should I pay or what should I do next?

Answer: If you received a provincial summons in Ontario for illegal buying or selling of wildlife, your next steps should focus on the exact offence wording and section on the ticket, the species or pelt involved, and whether any licence, authorization, regulatory condition, or exception could apply, because paying is often treated as pleading guilty and can lead to a conviction.  At DefendCharges.ca™, our paralegal team can help you review your documents, preserve evidence (ads, messages, receipts, invoices, photos, and shipping records), and prepare practical guidance for what may happen next under Fish and Wildlife Conservation Act, 1997, and relevant Ontario regulations.  Call (647) 559-3377 to discuss your case and plan your best response before any court deadlines.

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Illegal Buying or Selling of Wildlife in Ontario

Received a ticket or summons for Illegal Buying or Selling of Wildlife in Ontario?  You have been charged with a provincial offence under Ontario wildlife law.  The charge concerns whether you bought or sold game wildlife, specially protected wildlife, or a pelt without the licence or other authority required by law or contrary to the regulations governing the transaction.

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 allows some wildlife transactions when the required licence, authorization, or regulatory conditions are satisfied.  The species, what was bought or sold, how the transaction occurred, and what legal authority or exception applied can all be important.

This page explains what an Illegal Buying or Selling of Wildlife charge means, Ontario's legal meaning of buying or selling, which wildlife is covered, when a transaction may be lawful, what must be proven, current fines and possible consequences, evidence, possible defences and legal issues, and what may happen next.  These offences are part of Wildlife Possession & Transportation Charges.

I Received an Illegal Buying or Selling of 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 on your ticket or summons.  Your documents may describe the offence as Unlawfully buy game wildlife, Unlawfully sell game wildlife, Unlawfully buy specially protected wildlife, Unlawfully sell specially protected wildlife, Unlawfully buy pelts, or Unlawfully sell pelts.

Record what wildlife or pelt was involved, the species, who was involved in the transaction, what was offered or exchanged, when and where the events occurred, and what licence, authorization, invoice, receipt, or other document existed at the time.

Keep advertisements, online listings, photographs, videos, messages, emails, receipts, invoices, payment records available to you, wildlife documents, licences or authorizations, shipping information, and other records connected with the charge.  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 offence and review whether the wildlife fell within the legal category identified in the charge, whether your conduct amounted to buying or selling under Ontario's definition, and whether a licence, authorization, regulatory rule, or exception applied.

The amount printed on the ticket is also not necessarily the only possible consequence of a conviction.  Section 48 offences carry higher statutory maximum penalties than many other offences under the Fish and Wildlife Conservation Act, 1997, and wildlife or other property seized during the investigation may also be affected.

What Is an Illegal Buying or Selling of Wildlife Charge?

Illegal Buying or Selling of Wildlife is a plain-English title covering several offences under section 48 of the Fish and Wildlife Conservation Act, 1997.  Section 48 prohibits buying or selling game wildlife or specially protected wildlife, including pelts, except under the authority of a licence and in accordance with the regulations.

Game wildlife and specially protected wildlife are legal categories under Ontario wildlife law.  Whether the wildlife involved in your charge falls within one of these categories depends on its species and legal classification.

A pelt is the untanned skin of a furbearing mammal.  Ontario has specific rules governing the buying and selling of pelts, including who may buy or sell them and circumstances in which a licence or other authority is or is not required.

The charge does not necessarily depend on whether the wildlife itself was unlawfully hunted or trapped.  Wildlife can have been lawfully acquired and still be involved in an unlawful transaction if the buying or selling requirements were not followed.

The exact offence therefore has to be matched to the wildlife, transaction, licence or authorization, and regulatory requirements involved.  Other possession and transportation offences involving wildlife are organized within Wildlife Possession & Transportation Charges.

What Does Ontario Mean by "Buy or Sell"?

Ontario's legal meaning of buying or selling is broader than simply handing over wildlife in exchange for money.  The Fish and Wildlife Conservation Act, 1997 defines buy or sell to include:

• Buying or selling;
• Leasing;
• Bartering or trading for consideration;
• Offering to buy, sell, lease, barter, or trade for consideration; and
• Possessing wildlife for the purpose of buying, selling, leasing, bartering, or trading it for consideration.

Consideration means something of value given or promised as part of the transaction.  Possession generally means having or controlling the wildlife or item and does not necessarily require ownership.

This broader definition means the prosecution may rely on an offer, advertisement, proposed trade, barter arrangement, or possession for a transaction even if the wildlife was never ultimately transferred to another person.  The evidence must still establish the conduct required by the definition and connect that conduct to you.

When Can Buying or Selling Wildlife Be Lawful?

Ontario law permits some wildlife transactions when the applicable licence, authorization, regulatory conditions, or exception is satisfied.  The existence of a transaction does not by itself establish an offence.

Depending on the wildlife and transaction, the law contains specific rules or exceptions involving licensed trappers, authorized transactions involving live furbearing mammals, pelts, lawfully killed furbearing mammal carcasses, hides, cast antlers, game birds, and certain treated wildlife products.

Only the rules that actually relate to the wildlife and transaction described in your charge need to be considered.  If your case depends on an exception, the complete requirements of that exception should be checked against what actually occurred.

Does the Wildlife Have to Have Been Illegally Hunted or Trapped?

No.  An illegal buying or selling charge can arise even if the wildlife was originally hunted, trapped, raised, or acquired lawfully.  Section 48 regulates the transaction itself.

The opposite is also true.  Evidence that wildlife may have been unlawfully taken does not by itself prove that you committed the separate buying or selling offence on your ticket.  The prosecution must prove the requirements of the particular charge before the court.

What Law Applies?

The principal prohibition is section 48 of the Fish and Wildlife Conservation Act, 1997.  Ontario Regulation 666/98, Possession, Buying and Selling of Wildlife, contains many of the detailed rules and exceptions governing wildlife transactions.

Other provisions apply to different conduct, including selling wildlife falsely represented as certain protected species and buying or selling fish.  The exact offence wording and section number on your ticket or summons determine which rules need to be reviewed.

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.

Depending on the section 48 offence stated on your ticket or summons, the prosecutor may need to establish:

• Your identity as the person involved;
• That your conduct amounted to buying or selling within Ontario's legal definition;
• The wildlife or pelt involved;
• The species and its legal classification;
• That the wildlife was game wildlife or specially protected wildlife, or that the item was a pelt covered by section 48;
• The circumstances of the transaction or proposed transaction;
• The facts necessary to establish the particular buying or selling offence stated on your ticket; and
• Where required as part of the prosecution's case, the licence or regulatory requirement that was not satisfied.

Ontario's Provincial Offences Act contains a separate rule for legal authorizations, exceptions, exemptions, and qualifications.  If you rely on one of those provisions as operating in your favour, the burden of establishing it generally rests on you rather than requiring the prosecutor to disprove every possible exception in advance.

The main dispute may therefore concern whether a transaction or offer actually occurred, whether the wildlife was within the legal category identified in the charge, whether the evidence connects you to the transaction, or whether lawful authority or an exception applied.

What Is the Fine?

There is no single set fine for every offence covered by the title Illegal Buying or Selling of Wildlife.  A set fine is the preset fine used when a particular offence is dealt with by ticket.

The current Ontario set fines under subsection 48(1) are:

• $500 for unlawfully buying game wildlife;
• $500 for unlawfully selling game wildlife;
• $500 for unlawfully buying specially protected wildlife;
• $500 for unlawfully selling specially protected wildlife;
• $250 for unlawfully buying pelts; and
• $250 for unlawfully selling pelts.

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.  Applicable court costs may also be added.

Section 48 offences carry an enhanced statutory maximum penalty.  A person convicted of an offence under section 48 may be liable to a fine of up to $100,000, imprisonment for up to two years, or both.  These are statutory maximum penalties and are not the automatic or usual result of an ordinary ticket.

Can This Charge Affect a Licence or Authorization?

A licence cancellation or prohibition is not automatic merely because you have been charged with illegally buying or selling wildlife.  A charge is not a conviction.

After conviction, however, a 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 order involves a licence or authorization already held, the court must order it cancelled.

Could Wildlife or Other Property Be Seized?

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

Depending on the investigation, seized property may include:

• Live or dead wildlife, pelts, hides, antlers, or other wildlife items;
• Licences, invoices, receipts, payment records, or other transaction documents;
• Phones, computers, cameras, or electronic records; and
• Other property believed to have been obtained through, used in, or provide evidence of an offence.

Forfeiture means permanent loss of ownership.  If a person is convicted, wildlife seized in connection with the offence is forfeited to the Crown under the Fish and Wildlife Conservation Act, 1997.  The court may also order forfeiture of other property seized in connection with the offence where the Act permits.

What Evidence May Be Used?

These charges often depend on evidence showing what wildlife was involved, what transaction was proposed or completed, and what legal authority existed.  Relevant evidence may include:

• The wildlife, pelt, hide, antlers, carcass, or other item involved;
• Photographs, videos, or species identification evidence;
• Advertisements, online listings, websites, or social media posts;
• Text messages, emails, direct messages, or other communications;
• Receipts, invoices, contracts, shipping records, or payment records;
• Hunting, trapping, dealer, captivity, or other wildlife licences and authorizations;
• Records showing where the wildlife came from or documenting the transaction;
• Conservation Officer notes, photographs, recordings, and observations; and
• Witness statements or 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 offence, wildlife, transaction, licence or authorization, regulatory requirements, and available evidence.  Not every defence or legal issue applies to every Illegal Buying or Selling of Wildlife charge.

The Evidence Does Not Establish Buying or Selling

The prosecution must establish conduct that falls within Ontario's legal definition of buying or selling.  The evidence may not establish that you bought, sold, leased, bartered, traded, offered to do so for consideration, or possessed the wildlife for one of those purposes.

The Wildlife Was Not Within the Charged Legal Category

The offence may depend on the wildlife being legally classified as game wildlife or specially protected wildlife, or on the item being a pelt covered by section 48.  Species identification and legal classification may therefore be important where either is disputed.

You Had Legal Authority or an Exception Applied

A valid licence, authorization, regulatory exception, or exemption may be important if it legally covered the wildlife, transaction, person, and time involved.  The actual requirements should be compared with the charge and evidence rather than assuming that general authority to possess wildlife also authorized the transaction.

Due Diligence

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  Depending on the charge, evidence that you checked licences or authorizations, verified the wildlife or transaction, kept required records, 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.  A relevant factual mistake might concern the species, origin of the wildlife, validity of an authorization, or another fact affecting whether the transaction was lawful.  This is different from simply not knowing what the law requires.

Evidence or Statement Issues

Advertisements, messages, transaction records, species identification evidence, licences or authorizations, 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 exact charge can be compared with the wildlife, species classification, transaction or proposed transaction, licence or authorization, records, payment evidence, and any exception or 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, transaction, 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 48 regulates buying and selling game wildlife, specially protected wildlife, and pelts;
• Ontario's legal definition of buying or selling includes offers, leases, barter or trade for consideration, and possession for the purpose of one of those transactions;
• The species, legal wildlife classification, transaction, licence or authorization, and any applicable exception can be central to the charge;
• The current set fines are $500 for unlawfully buying or selling game wildlife or specially protected wildlife and $250 for unlawfully buying or selling pelts;
• A section 48 offence carries a statutory maximum of up to $100,000, imprisonment for up to two years, or both; and
• The exact offence wording and disclosure should be reviewed before deciding how to respond to the charge.

Conclusion

An Illegal Buying or Selling of Wildlife charge should be reviewed using the exact offence wording, wildlife or pelt, species classification, transaction or proposed transaction, licence or authorization, and any applicable exception.  Ontario's definition of buying or selling is broader than a completed cash sale, so offers, trades, and possession for the purpose of a transaction can also matter.

Before paying the ticket or entering a plea, review the charge, disclosure, available transaction evidence, legal authority, possible defences, and potential consequences.  Legal representation can help determine whether the evidence proves the offence.