Killing, Harming, Capturing, Possessing or Transporting Protected Species in Ontario:

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Last Updated: September 13 2026

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Question: What should I do after receiving a ticket or summons for killing, harming, capturing, possessing, or transporting a protected species in Ontario?

Answer: If you received a protected species ticket or summons in Ontario, review the exact offence wording and section number on your documents, confirm the species, date, location, and whether the charge is about killing, harming, capturing, taking, possessing, or transporting, and preserve evidence like photos, videos, GPS, maps, messages, and any permits or registry confirmations. Don’t miss the court date or response deadline, and consider early paralegal-led help from DefendCharges.ca™ to assess whether a permit, registration, or a matching exception may apply under the Species Conservation Act, 2025 and related Ontario regulations, since being charged does not automatically mean conviction. For a fast call on your next steps in Ontario, contact DefendCharges.ca™ at (647) 559-3377.  DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

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Killing, Harming, Capturing, Possessing or Transporting Protected Species in Ontario

Received a ticket or summons for Killing, Harming, Capturing, Possessing or Transporting Protected Species in Ontario?  You have been charged with a provincial offence under Ontario species conservation law.  The charge may concern killing, harming, capturing, taking, possessing, or transporting a species listed on the Protected Species in Ontario List without satisfying the registration, permit, or other legal requirements that applied to the activity.

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 distinguishes between activities that require a permit, activities that may proceed after registration, and activities that are excepted from those requirements.  The species, location, conduct, purpose, and any permit, registration, or exception can be important.

This page explains what a Killing, Harming, Capturing, Possessing or Transporting Protected Species charge means, which activities are regulated, when permits, registration, or exceptions may apply, what must be proven, possible penalties, evidence, legal issues and defences, and what may happen next.  This offence is part of Wildlife Possession & Transportation Charges.

I Received a Protected Species 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 required court date or other response deadline.

Start with the exact offence wording and section number.  Identify the species, date and location, whether the charge concerns killing, harming, capturing, taking, possessing, or transporting, and whether your documents refer to a permit, registration, or other authorization.

Keep photographs, videos, GPS information, maps, messages, permits, registration confirmations, hunting or trapping documents, wildlife records, transport records, and anything else connected with the incident.  Do not delete, alter, discard, or modify potentially important evidence.

What Is a Killing, Harming, Capturing, Possessing or Transporting Protected Species Charge?

This is a plain-English title covering related offences under Ontario's Species Conservation Act, 2025.  The Act uses the term section 16 activity for several regulated activities involving species listed on the Protected Species in Ontario List.

A section 16 activity includes conduct that results or is likely to result in killing, harming, capturing, or taking a member of a listed species.  Ontario's statutory wording includes taking, even though this page title uses capturing.

It also includes possessing or transporting a living or dead member of a listed species, a part of a member, or something derived from a member.  Possession generally means having or controlling the member or item and does not necessarily require ownership.

The exact offence depends on the conduct stated on your documents and whether the activity required registration, required a permit, or fell within an exception.  Other wildlife possession and transportation offences are organized within Wildlife Possession & Transportation Charges.

What Is a Protected Species?

A protected species is a species listed in Ontario Regulation 60/26, the Protected Species in Ontario List.  The list contains species classified as extirpated, endangered, or threatened.

Extirpated means the species no longer lives in the wild in Ontario but exists elsewhere.  Endangered and threatened are legal classifications reflecting different levels of risk.

Some listings apply only within a specified geographic area, so location can determine whether the protection applied.  The Act also generally does not apply to certain federally listed aquatic species and migratory birds that are covered by federal species-at-risk law.

Protected species under the Species Conservation Act, 2025 is different from specially protected wildlife under the Fish and Wildlife Conservation Act, 1997.  The statute identified in your charge matters.

Does the Animal or Species Have to Be Killed?

No.  An actual death is not required for every charge covered by this page.  A section 16 activity can include conduct that results or is likely to result in killing, harming, capturing, or taking a protected species.

A possession or transportation charge is different.  It can involve a living or dead member of a protected species, a part of a member, or something derived from a member without any claim that you personally killed or harmed it.

Does Every Activity Involving a Protected Species Require a Permit?

No.  Ontario separates permit activities from registerable activities and also provides specific exceptions.

A permit activity is a section 16 activity that the regulations classify as requiring a permit.  A registerable activity is a section 16 activity that is not classified as a permit activity and generally requires registration in the Species Conservation Registry before the activity occurs.

Ontario Regulation 74/26 identifies permit activities.  For example, direct, intended, and deliberate killing or harming of a protected animal as the primary purpose of the activity is generally a permit activity, and capturing, taking, possessing, or transporting can also require a permit depending on the activity and its purpose.

The exact classification matters because the prosecution must prove the offence actually stated on your ticket or summons, including the registration or permit requirement that applied.

When Can an Exception Apply?

The Act and Ontario Regulation 61/26 contain specific exceptions where registration or a permit is not required if all applicable conditions are satisfied.  The exception has to match the actual circumstances.

Depending on the charge, potentially relevant exceptions include:

• Activity reasonably necessary to protect a person or another animal from an imminent risk to health or safety;
• Certain capturing, taking, possessing, or transporting undertaken to protect property from significant damage;
• Capturing, possessing, or transporting a protected animal to obtain veterinary or wildlife rehabilitation care, subject to the applicable conditions and time limits;
• Certain hunting or trapping circumstances expressly excepted by regulation; and
• Certain possession or transportation involving wildlife lawfully acquired outside Ontario, before listing, or as a lawful gift.

Other specialized exceptions exist, but only an exception that relates to the species, activity, person, location, and circumstances of your charge needs to be considered.

What Law Applies?

The principal current law is the Species Conservation Act, 2025.  Section 16 establishes the registration and permit prohibitions.  Ontario Regulation 60/26 establishes the Protected Species in Ontario List, Ontario Regulation 61/26 contains prescribed exceptions, Ontario Regulation 74/26 identifies permit activities, and Ontario Regulation 75/26 governs registerable activities.

Section 15 creates a separate offence involving activity that results or is likely to result in a species no longer living in the wild in Ontario.  If your documents refer to section 15, or if the conduct occurred before the Species Conservation Act, 2025 came into force on March 30, 2026, the applicable law should be reviewed separately.

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 under subsection 16(1) or 16(2), the issues may include:

• Your identity as the person who engaged in the activity;
• The species involved and whether it was listed on the Protected Species in Ontario List in the circumstances of the charge;
• The date and location, including any geographic limitation affecting the listing;
• Whether the conduct amounted to the section 16 activity identified in the charge;
• For killing, harming, capturing, or taking, whether the activity resulted or was likely to result in that conduct;
• Whether the activity was a permit activity or a registerable activity; and
• The facts establishing the registration, permit, or other requirement that was not satisfied.

If you rely on a statutory or regulatory exception, the applicable burden relating to that exception must also be considered.  The exact exception and its conditions should be compared with the evidence.

What If the Species Identification Is Disputed?

Species identification can be important, and the Act contains a special rule for species that are difficult to distinguish.  If an animal, plant, or other organism is not easily distinguishable from a listed species, the court may treat it as that protected species unless there is evidence to the contrary.  A similar rule applies to parts of a protected species.

Photographs, physical characteristics, expert evidence, laboratory testing, location information, or other reliable evidence may therefore matter where identification is genuinely disputed.

What Penalties Can Follow?

The Ontario Court of Justice does not currently publish a set fine for the Species Conservation Act, 2025.  The statutory court penalties therefore matter when assessing the possible consequences of the charge.

For an individual convicted of a first offence under the Act, the maximum penalty is a fine of up to $250,000, imprisonment for up to one year, or both.  For a second or subsequent offence, the maximum fine increases to $500,000, with imprisonment for up to one year, or both.

If an offence involves more than one animal, plant, or other organism, the maximum fine can be multiplied by the number involved.  The court may also increase a fine by the amount of a monetary benefit obtained from the offence and may make additional compliance or remedial orders.

These are statutory maximums, not automatic outcomes.  The actual consequences depend on the offence, circumstances, number of species members involved, previous convictions, evidence, and how the case is resolved.

Could a Protected Species 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:

• A living or dead protected species, a part, or a derived item;
• Cages, containers, or equipment connected with the species;
• Permits, registration documents, transport records, or other records; and
• Phones, cameras, computers, GPS information, or other evidence connected with the offence.

Forfeiture means permanent loss of ownership.  After conviction, a seized animal, plant, or other organism connected with the offence, together with a seized cage, shelter, or container, is forfeited to the Crown.  The court may also order forfeiture of other seized property.

The Act also permits a justice to order forfeiture where possession of the seized thing is itself an offence, even if no charge is laid or the related charge is later dismissed, withdrawn, or results in an acquittal.  That issue can be particularly important in a possession case.

What Evidence May Be Used?

These cases can depend heavily on species identification, location, the nature of the activity, and any permit, registration, or exception relied upon.  Relevant evidence may include:

• The living or dead species, part, or derived item involved;
• Photographs, videos, samples, or species identification evidence;
• GPS information, maps, property information, or other location evidence;
• Permits, registration confirmations, hunting or trapping documents, and other authorizations;
• Transport, acquisition, veterinary, wildlife rehabilitation, or other relevant records;
• Provincial Officer notes, photographs, recordings, samples, and observations;
• Witness or expert evidence; and
• Statements or electronic records 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, conduct, location, permit or registration requirements, exceptions, and available evidence.  Not every defence or legal issue applies to every protected species charge.

The Species Was Not Covered by the Charge

The prosecution may need to establish that the species was listed and that any geographic limitation included the place where the activity occurred.  Species identification, the applicable version of the list, and location evidence may be important.

The Conduct Did Not Amount to the Charged Activity

The evidence may not establish the killing, harming, capturing, taking, possession, or transportation identified in the charge.  For killing, harming, capturing, or taking, whether the activity resulted or was likely to result in the stated effect may also be disputed.

A Valid Permit, Registration, or Exception Applied

A permit, registration confirmation, transitional authorization, or statutory or regulatory exception may answer an important part of the charge if it covered the species, activity, location, time, and person involved and its conditions were satisfied.

Due Diligence

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  The Species Conservation Act, 2025 expressly provides this defence where its requirements are established.  Evidence of checking the species, obtaining required authorization, following conditions, verifying the location, or taking 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.  The Act expressly recognizes this defence.  A relevant factual mistake might concern the species, location, validity of an authorization, or how a specimen was acquired.  This is different from simply not knowing what the law requires.

Evidence or Statement Issues

Species identification evidence, photographs, location records, permits, registrations, officer observations, expert evidence, electronic records, 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 species, Protected Species in Ontario List, location, activity, permit or registration status, applicable exceptions, 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 species, records, location, permits or registrations, 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

• The Species Conservation Act, 2025 regulates activities involving species listed on the Protected Species in Ontario List;
• A section 16 activity can include killing, harming, capturing, taking, possessing, or transporting a protected species;
• The species, location, activity, permit or registration requirement, and any applicable exception can be central to the charge;
• The Ontario Court of Justice does not currently publish a set fine for offences under this Act, while an individual's statutory maximum for a first offence is $250,000, imprisonment for up to one year, or both;
• The Act expressly recognizes due diligence and honest and reasonable mistake of fact as defences where their requirements are established; and
• The exact charge wording and disclosure should be reviewed before deciding how to respond.

Conclusion

A Killing, Harming, Capturing, Possessing or Transporting Protected Species charge should be reviewed using the exact offence wording, species, location, conduct, permit or registration status, and any applicable exception.  Ontario's current law does not treat every interaction with a protected species in the same way.

Before deciding how to respond, review the charge, disclosure, species identification, location evidence, authorization documents, possible defences, and potential consequences.  Legal representation can help determine which requirements apply and whether the evidence proves the offence.