Illegal Keeping, Capturing or Propagation of Live Wildlife 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 illegal keeping, capturing, or propagation of live wildlife in Ontario?

Answer: After a summons or ticket for illegal keeping, capturing or propagation of live wildlife in Ontario, don’t panic: review the exact offence wording and section number, note whether it’s about keeping wildlife in captivity, hunting or trapping wildlife for captivity, or propagating (and whether any licence or Minister’s authorization is mentioned), and preserve evidence like acquisition records, photos or videos, custody logs, and any wildlife or veterinary records.   Paying the ticket can usually be treated as pleading guilty, so it’s often crucial to confirm which offence applies and what the Crown must prove beyond a reasonable doubt, including the species’ legal category and the authority or exception you may rely on.   For help assessing your specific facts, defences, and next steps with a paralegal in Ontario, contact DefendCharges.ca™ at (647) 559-3377.

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Illegal Keeping, Capturing or Propagation of Live Wildlife in Ontario

Received a ticket or summons for Illegal Keeping, Capturing or Propagation of Live Wildlife in Ontario?  You have been charged with a provincial offence under Ontario wildlife law.  The charge may concern keeping live game wildlife or specially protected wildlife in captivity without the required authority, hunting or trapping wildlife for the purpose of keeping it in captivity, or propagating, offering to propagate, or possessing wildlife for propagation without the required authority.

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 live wildlife to be kept, taken from the wild for captivity, or propagated under licences, Minister's authorizations, and specific exceptions.  The species, purpose, licence or authorization, how the wildlife was obtained, and the exact offence wording can all be important.

This page explains what an Illegal Keeping, Capturing or Propagation of Live Wildlife charge means, the different offences covered by that title, when licences or exceptions may apply, 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 an Illegal Keeping, Capturing or Propagation of Live 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 documents may refer to unlawfully keeping live wildlife, hunting or trapping wildlife to keep it in captivity, offering to propagate wildlife, propagating wildlife, or possessing wildlife for propagation.

Keep licences, Minister's authorizations, wildlife records, photographs, videos, messages, acquisition or breeding records, veterinary or wildlife custodian records, falconry documents, and anything else 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 whether the charge concerns keeping wildlife, hunting or trapping wildlife for captivity, or propagation because these are separate offences with different requirements and set fines.

What Is an Illegal Keeping, Capturing or Propagation of Live Wildlife Charge?

Illegal Keeping, Capturing or Propagation of Live Wildlife is a plain-English title covering related offences under sections 40 and 45 of the Fish and Wildlife Conservation Act, 1997.

Section 40(1) prohibits keeping live game wildlife or live specially protected wildlife in captivity except under the required legal authority.  Section 40(3) separately prohibits hunting or trapping game wildlife or specially protected wildlife for the purpose of keeping it in captivity unless authorized or permitted in prescribed circumstances.

Section 45(1) prohibits propagating or offering to propagate game wildlife or specially protected wildlife, or possessing it for the purpose of propagation, except under the required legal authority.

Game wildlife and specially protected wildlife are legal categories under Ontario's Fish and Wildlife Conservation Act, 1997.  Whether the animal involved in your charge falls within one of these categories depends on its species and legal classification.

The exact offence depends on the conduct stated on your ticket, the wildlife and its legal classification, the purpose involved, and any licence, authorization, or exception.  Other wildlife possession and transportation offences are organized within Wildlife Possession & Transportation Charges.

What Do Keeping, Capturing and Propagation Mean?

Keeping wildlife in captivity concerns maintaining live wildlife under human control rather than leaving it free in the wild.  Ownership is not necessarily the issue; custody or control can matter.

Capturing is used in this page title as a plain-English description of taking wildlife from the wild to keep it in captivity.  Section 40(3) uses the terms hunting or trapping, and Ontario's definition of hunting includes capturing wildlife.

Propagation refers to breeding wildlife.  Section 45 also covers offering to propagate wildlife and possessing wildlife for the purpose of propagation.

When Can Live Wildlife Be Kept or Propagated Lawfully?

Ontario provides licences, Minister's authorizations, and specific exceptions for some captive wildlife activities.  The legal authority must match the species, person, purpose, and activity involved.

Section 40 includes exceptions for certain amphibians or reptiles kept for personal consumption, a single qualifying specimen kept for personal education where the statutory restrictions are met, authorized wildlife custodians, Minister-authorized activity, and circumstances prescribed by regulation.

Ontario Regulation 668/98 contains additional rules for activities involving zoos, reptiles and amphibians, falconry birds, dog train and trial areas, and short-term care before transfer to a veterinarian or wildlife custodian.  It also permits qualifying reptiles and amphibians to be kept or propagated without a separate licence when the conditions in section 7 are met.

Section 45 likewise allows propagation without a licence where there is Minister's authorization or a prescribed regulatory circumstance.  Authority merely to keep wildlife does not necessarily authorize propagation.

What If the Wildlife Was Captured From the Wild?

Authority to keep wildlife does not automatically authorize taking it from the wild.  Section 40(3) separately regulates hunting or trapping game wildlife or specially protected wildlife for the purpose of keeping it in captivity.

The activity may be lawful under Minister's authorization or a prescribed exception.  For example, Ontario Regulation 668/98 allows holders of specified falconry licences to hunt or trap certain specially protected raptors for captivity when the regulatory conditions are met.

For this type of charge, the purpose of the hunting or trapping and the authority relied upon can be central issues.

What Law Applies?

The principal provisions are sections 40 and 45 of the Fish and Wildlife Conservation Act, 1997 and Ontario Regulation 668/98, Wildlife in Captivity.  Section 40 governs keeping live wildlife in captivity and hunting or trapping wildlife for that purpose.  Section 45 governs propagation, offers to propagate, and possession for propagation.

Other laws or regulatory provisions may apply to a particular species or activity, but only those connected with the actual charge need to be assessed.

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 an unlawful keeping charge under subsection 40(1), the issues may include:

• Your identity as the person who kept the wildlife;
• That the wildlife was alive and was game wildlife or specially protected wildlife;
• That it was being kept in captivity; and
• The facts necessary to establish the licence or regulatory requirement identified in the charge.

For a charge under subsection 40(3), the issues may include:

• Your identity as the person who hunted or trapped the wildlife;
• That the wildlife was game wildlife or specially protected wildlife;
• That the hunting or trapping was for the purpose of keeping the wildlife in captivity; and
• The facts necessary to establish the authorization or regulatory requirement identified in the charge.

For a propagation charge under subsection 45(1), the prosecutor must prove the conduct identified on the ticket, such as propagating, offering to propagate, or possessing game wildlife or specially protected wildlife for the purpose of propagation, together with the legal requirements that applied.

If you rely on a statutory or regulatory authorization, exception, exemption, or qualification, the applicable burden concerning that provision must also be considered.

What Are the Current Set Fines?

The current set fine depends on the offence on your ticket.  A set fine is the preset fine used when a particular provincial offence is dealt with by ticket.

The current Ontario set fines include:

• $200 for unlawfully keeping live game wildlife;
• $200 for unlawfully keeping live specially protected wildlife;
• $300 for unlawfully hunting game wildlife to keep it in captivity;
• $300 for unlawfully trapping game wildlife to keep it in captivity;
• $300 for unlawfully hunting specially protected wildlife to keep it in captivity;
• $300 for unlawfully trapping specially protected wildlife to keep it in captivity;
• $500 for unlawfully offering to propagate wildlife;
• $500 for unlawfully propagating wildlife; and
• $500 for unlawfully possessing wildlife for propagation.

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 an 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 ticket.

Can This Charge Affect a Wildlife or Hunting Licence?

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 related to the offence and from engaging in the activity for which that licence would be required.  If the person already holds the affected licence, the court must order it cancelled when such a prohibition is imposed.

Could Live 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, seized property may include live wildlife, cages or enclosures, licences or authorizations, acquisition or breeding records, electronic records, and other things believed to provide evidence of the offence.

Forfeiture means permanent loss of ownership.  After conviction, wildlife seized in connection with the offence and a seized cage, shelter, or enclosure connected with it are forfeited to the Crown.  The court may also order forfeiture of other seized property.  A separate forfeiture process can apply where possession of the seized thing is itself an offence.

What Evidence May Be Used?

These charges often depend on the species, who controlled the wildlife, how it was obtained, the purpose for which it was kept, and what legal authority existed.  Relevant evidence may include:

• The live wildlife and species identification evidence;
• Photographs or videos of the wildlife, enclosure, or breeding activity;
• Licences, Minister's authorizations, falconry documents, zoo records, or other wildlife documents;
• Acquisition, breeding, birth, transfer, veterinary, or wildlife custodian records;
• Messages, emails, advertisements, or other communications showing purpose or control;
• Evidence showing where and how wildlife was taken from the wild;
• 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 offence, species, purpose, licence or authorization, regulatory requirements, and available evidence.  Not every defence or legal issue applies to every live-wildlife charge.

The Wildlife Was Not Covered by the Charged Provision

The prosecution may need to establish that the animal was game wildlife or specially protected wildlife within the provision stated on the ticket.  Species identification and legal classification may therefore be important where either is disputed.

The Evidence Does Not Establish Keeping or Control

For a subsection 40(1) charge, the evidence must support the claim that you kept the live wildlife in captivity.  Merely being present where wildlife is found does not automatically establish that you were the person keeping it.

The Purpose of the Capture Is Not Proven

For a subsection 40(3) charge, the hunting or trapping must have been for the purpose of keeping the wildlife in captivity.  The circumstances, communications, equipment, destination, or later possession may be relevant to whether that purpose is proven.

The Propagation Conduct or Purpose Is Not Proven

For a section 45 charge, the evidence must establish the conduct identified on the ticket.  A possession-for-propagation charge requires evidence of the purpose of propagation rather than possession alone.

A Licence, Authorization, or Exception Applied

A valid licence, Minister's authorization, or statutory or regulatory exception may answer an important part of the charge if it covered the species, person, activity, purpose, place, and time involved and its conditions were satisfied.

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 the applicable licence, species, source of the wildlife, authorization, or regulatory conditions 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.  This is different from simply not knowing what the law requires.

Evidence or Statement Issues

Species identification, licences, records, photographs, officer observations, electronic communications, 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 species, captivity or capture evidence, purpose, licence or authorization, records, regulatory 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, 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

• Sections 40 and 45 regulate keeping live game wildlife or specially protected wildlife, hunting or trapping wildlife for captivity, and propagation related activities;
• Game wildlife and specially protected wildlife are legal classifications, so the species involved can be important to whether the charged provision applies;
• Capturing in this page title is primarily addressed through the prohibition on hunting or trapping wildlife for the purpose of keeping it in captivity;
• Ontario provides licences, Minister's authorizations, and specific exceptions for some captive wildlife activities;
• Current set fines are $200 for unlawful keeping, $300 for hunting or trapping wildlife to keep it in captivity, and $500 for the listed propagation offences;
• The species, purpose, legal authority, source of the wildlife, and applicable exception can be central to the charge; and
• The exact offence wording and disclosure should be reviewed before deciding how to respond.

Conclusion

An Illegal Keeping, Capturing or Propagation of Live Wildlife charge should be reviewed using the exact offence wording, species, circumstances of captivity or capture, purpose, legal authority, and any applicable exception.  Ontario does not treat every situation involving live wildlife in captivity in the same way.

Before paying the ticket or entering a plea, review the charge, disclosure, wildlife identification, licences or authorizations, acquisition or breeding records, possible defences, and potential consequences.  Legal representation can help determine which live-wildlife rule applies and whether the evidence proves the offence.