Hunting Black Bears at Night in Ontario:

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Last Updated: August 29 2026

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Question:I received a ticket for hunting black bears at night in Ontario; what should I do before the court date?

Answer:If you were served with an Ontario provincial summons or ticket for hunting black bears at night, DefendCharges.ca™ can help you review every document, confirm the exact Fish and Wildlife Conservation Act, 1997 section 20 charge wording, and assess whether the alleged firearm-at-night, light-used, or “hunting” facts match what the Conservation Officer must prove.   Don’t panic or ignore deadlines: keep the ticket, seizure/forfeiture paperwork, Licence Summary, Bear Licence and tag info, photos, GPS and trail camera data, and any messages, and preserve original electronic timestamps.   Avoid deleting or altering evidence, and only give statements after a review of your charge and possible defences (including close-to-boundary timing issues).   For next steps tailored to your set fine, evidence, and risk to hunting privileges or seized property, call (647) 559-3377.

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Hunting Black Bears at Night in Ontario

Received a hunting ticket or summons for hunting black bears at night in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  Your documents may concern hunting at night, possessing a firearm at night, using a light to hunt at night, or more than one section 20 offence arising from the same incident.

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 generally prohibits hunting wildlife from half an hour after sunset until half an hour before sunrise, but hunting at night, possessing a firearm at night in wildlife habitat, and shining a light for the purpose of hunting wildlife are separate offences with different legal requirements.

This page explains Ontario's nighttime hunting hours, the related firearm and light offences, what law applies, what must be proven, the current set fines, evidence, possible defences, seizure and forfeiture, and what may happen in court.  If your documents list several black bear charges, see Black Bear Hunting Charges to identify the charges you may be facing.

What Should I Do Next?

Read every document carefully and do not miss the response deadline or required court date.  The section number is important because section 20 of the Fish and Wildlife Conservation Act, 1997 creates separate offences for hunting at night, possessing a firearm at night in wildlife habitat unless it is unloaded and encased, and shining a light for the purpose of hunting wildlife.

Before deciding how to respond, check:

• The exact offence wording and section number;
• The alleged date, time, and location;
• The local sunset or sunrise time relied upon by the Conservation Officer;
• What the Conservation Officer says amounted to hunting;
• Whether a firearm, bow, crossbow, or light was involved;
• Whether a vehicle, bait site, tree stand, or another hunter was involved; and
• Whether a firearm, black bear, vehicle, phone, light, or other property was seized.

Keep your ticket or summons, seizure documents, Licence Summary, Bear Licence, Bear Tag information, photographs, GPS records, messages, trail camera records, maps, and hunting notes.  Preserve original electronic information.  If the charge concerns activity close to the beginning or end of legal hunting hours, record what you remember about the time, location, sequence, and time source.

Do not delete messages, alter electronic timestamps, dispose of relevant equipment, change photographs, or otherwise alter potential evidence after learning of the investigation.  Consider obtaining legal advice before giving another written or recorded statement.

Should I Pay the Ticket?

Paying a ticket will generally be treated as pleading guilty and will result in a conviction without a trial.  Before paying, identify whether your charge is hunting at night under section 20(1)(a), possessing a firearm at night under section 20(1)(b), using a light to hunt at night under section 20(1)(c), or several charges arising from the same incident.

These offences have different legal requirements and different set fines.  You may have stopped hunting before the legal deadline but still have been charged because the Conservation Officer says you remained in an area usually inhabited by wildlife with a firearm that was not unloaded and encased.

Evidence supporting one subsection does not automatically prove another.  Review the exact charge, the evidence, the set fine, and any possible consequences involving hunting privileges or seized property before deciding how to respond.

What Is Hunting Black Bears at Night?

For an ordinary section 20(1)(a) charge, the central issue is whether you hunted wildlife during the period from half an hour after sunset until half an hour before sunrise.  In your case, the surrounding evidence may identify black bear as the wildlife involved or as the wildlife toward which your conduct was directed.

The legal cut off is not sunset itself.  Subject to every other applicable rule, ordinary hunting is generally permitted until half an hour after local sunset and may generally begin half an hour before local sunrise.

Ontario defines hunting broadly, so the issue is not limited to whether a shot was fired.  Searching for, lying in wait for, being on the trail of, pursuing, chasing, shooting at, capturing, or harassing wildlife may amount to hunting in the circumstances covered by the statutory definition.

Being outdoors after dark, travelling with hunters, or being near a bear bait site does not automatically establish that you were hunting.  Your purpose, conduct, equipment, location, communications, and surrounding circumstances may all be important.  If the same incident resulted in more than one black bear charge, see Black Bear Hunting Charges to identify the other charges you may be facing.

What Hours Are Considered Nighttime for Hunting?

Section 20 uses the period beginning half an hour after sunset and ending half an hour before sunrise.  The actual clock times change with the date and location.

For example, if local sunset were 7:00 p.m., the prohibited period would begin at 7:30 p.m.  If local sunrise were 6:30 a.m., the prohibited period would end at 6:00 a.m.  These are examples only, and the sunrise or sunset time for the date and location identified in your charge must be considered.

Do not assume that how bright or dark the conditions appeared determines the legal time.  Weather, cloud cover, tree cover, moonlight, and artificial lighting do not replace the legally relevant sunrise and sunset times.

If your charge arose close to the half hour boundary, the exact location used for the sunrise or sunset calculation, the accuracy of clocks and electronic devices, and the timing evidence may be particularly important.

Does an Open Black Bear Season Change the Nighttime Rule?

No.  An open black bear season does not remove Ontario's nighttime hunting restriction.

You may have held a valid Bear Licence and applicable Bear Tag authority and been hunting during an open black bear season but still have been charged under section 20 if the Conservation Officer says the hunting occurred during the prohibited nighttime period.

Season authority, Bear Licence authority, Bear Tag or lawful party hunting authority, and daily hunting hours are separate requirements.  Compliance with one does not automatically establish compliance with the others.

Could Waiting at a Bear Bait Site Be Part of Your Charge?

Yes, depending on what you were doing and why.  Ontario's definition of hunting extends beyond firing a shot or killing wildlife and can include lying in wait for or searching for wildlife for a hunting purpose.

Your charge may be based on the Conservation Officer's position that you remained in a tree stand, blind, or other hunting position at a bear bait site after legal hunting hours while continuing to wait for a black bear.

Being near a bait site after hours does not automatically prove hunting.  Your purpose, equipment, statements, actions, position, communications, and surrounding circumstances may help determine whether you were still hunting.

What if a Black Bear Was Shot Before Legal Hunting Hours Ended?

The shot time may not resolve every issue if activity involving a live bear continued after the prohibited nighttime period began.  Ontario's definition of hunting includes being on the trail of and pursuing wildlife.

If the bear remained alive, the charge may concern later tracking, pursuing, or other hunting conduct after legal hunting hours ended.  The shot time, condition of the bear, later activity, purpose, communications, Conservation Officer observations, photographs, GPS information, and recovery timeline may all be relevant.

Retrieving a bear that was already dead presents a different issue from continuing to track or pursue a live or wounded bear.  The actual sequence of events should be compared with the conduct identified in your charge.

Is Possessing a Firearm at Night the Same as Hunting at Night?

No.  Ontario creates a separate nighttime firearm offence.

Section 20(1)(b) provides that during the prohibited nighttime period a person must not have a firearm in their possession in an area usually inhabited by wildlife unless the firearm is unloaded and encased.

The current Ontario Hunting Regulations Summary explains that an encased firearm must be enclosed on all six sides.  For Ontario hunting law, firearm includes bows and crossbows as well as guns.  A crossbow is considered loaded when it is cocked and contains a bolt, while a bow other than a crossbow is considered loaded when it is strung and an arrow is nocked.

You may therefore have been charged under section 20(1)(b) even if the prosecutor cannot prove that you were hunting at that particular moment.  The firearm charge and hunting at night charge must be considered separately.

What if You Had a Firearm With You After the Hunt Ended?

Your charge may still concern section 20(1)(b) even if you say that you had already stopped hunting.  During the prohibited nighttime period, a firearm possessed in an area usually inhabited by wildlife generally must be unloaded and encased unless a legal exception applies.

Your documents may concern walking back to camp, returning to a vehicle, leaving a tree stand, or remaining in wildlife habitat with a firearm that the Conservation Officer says was not unloaded and encased.

The firearm's condition, whether it was completely enclosed, your location, the time, and whether a legal exception applied may therefore be important even where the hunting activity itself had ended.

What Does Shining a Light for Hunting Mean?

Section 20(1)(c) separately prohibits shining a light during the nighttime period for the purpose of hunting wildlife.

Your charge may involve a flashlight, spotlight, headlamp, vehicle light, firearm mounted light, or another artificial light.  The existence or use of a light is not enough by itself because the required hunting purpose must also be established.

You may have used headlights to drive, a flashlight to walk safely, or a headlamp to retrieve equipment.  The direction and movement of the light, firearms or other hunting equipment, proximity to a bait site, communications, statements, vehicle movements, wildlife observations, and sequence of events may be used to address your purpose.

Could a Night Hunting Exception Apply to Your Charge?

Ontario law contains limited prescribed exceptions, but there is no general exception allowing ordinary recreational black bear hunting at night.

Section 20(2) permits exceptions prescribed by regulation.  Ontario's Hunting Regulation contains specific nighttime authority for qualifying raccoon hunting in defined circumstances, but that does not create an ordinary black bear night hunting exception.

If your case involves a claimed exemption or another legal authority, its exact wording and conditions should be compared with the date, activity, firearm, light, location, and other facts in your case.

What Law Applies?

The principal nighttime rules are contained in section 20 of Ontario's Fish and Wildlife Conservation Act, 1997.

Section 20(1)(a): Hunting Wildlife at Night

Section 20(1)(a) prohibits hunting wildlife during the period from half an hour after sunset to half an hour before sunrise.  This is the principal provision where your charge is unlawfully hunting at night.

Section 20(1)(b): Firearm Possession at Night

Section 20(1)(b) separately prohibits possessing a firearm in an area usually inhabited by wildlife during the prohibited nighttime period unless the firearm is unloaded and encased.

Section 20(1)(c): Shining a Light

Section 20(1)(c) prohibits shining a light during the nighttime period for the purpose of hunting wildlife.

Proof of Hunting and Sunrise or Sunset

Section 109 contains an evidentiary rule that may affect proof of hunting in circumstances involving possession of a firearm or another hunting or trapping device in an area usually inhabited by wildlife.  Section 110 contains evidentiary rules concerning proof of sunrise and sunset times in a section 20 prosecution.

Section 101: Due Diligence and Mistake of Fact

Section 101 provides that a person must not be convicted if the person establishes that they exercised all due diligence to prevent the offence or honestly and reasonably believed facts that, if true, would make the conduct innocent.  Due diligence means taking all reasonable care in the circumstances.

What Must Be Proven?

Before you can be convicted, the prosecutor must prove every required part of the particular charge beyond a reasonable doubt.  The prosecutor is the lawyer or representative presenting the government's case, and beyond a reasonable doubt is the high legal standard required before the court can find you guilty.

For a Hunting at Night Charge Under Section 20(1)(a)

The prosecution may need to establish that:

• You were the person involved in the conduct;
• Your conduct legally amounted to hunting wildlife;
• The hunting occurred on the alleged date and at the alleged location; and
• The hunting occurred during the period from half an hour after sunset to half an hour before sunrise.

Section 20(1)(a) applies to wildlife generally.  In your black bear case, evidence connecting your conduct with black bear may help explain what the Conservation Officer says you were hunting, but the statutory nighttime prohibition itself is not limited to black bear.

For a Firearm Possession Charge Under Section 20(1)(b)

The prosecution may need to establish that:

• You possessed or controlled a firearm;
• You were in an area usually inhabited by wildlife;
• The possession occurred during the prohibited nighttime period;
• The firearm was not both unloaded and encased; and
• The remaining requirements of the particular charge were satisfied.

For a Light Charge Under Section 20(1)(c)

The prosecution may need to establish that:

• You shone or used a light;
• The light was used for the purpose of hunting wildlife;
• The activity occurred during the prohibited nighttime period; and
• The remaining requirements of the particular charge were satisfied.

Evidence supporting one section 20 offence does not automatically prove another.  A prescribed exception or another lawful authority may also affect the analysis depending on the precise charge and evidence.

Does This Charge Require a Black Bear to Have Been Shot or Killed?

No.  A hunting at night charge can apply even if no black bear was shot, injured, captured, or killed if your conduct legally amounted to hunting wildlife.

Your charge may concern waiting for a bear at a bait site for hunting purposes, tracking or pursuing a bear, or shooting and missing after legal hunting hours.  Ontario's definition of hunting covers more than a successful kill.

A firearm possession charge under section 20(1)(b) also does not require a wildlife kill, and a section 20(1)(c) light charge focuses on whether the light was shone for the purpose of hunting wildlife during the prohibited period.

What Common Situations Are Involved in This Charge?

The Charge Says You Stayed at a Bait Site After Legal Hours

The Conservation Officer may say that you remained in a tree stand or blind after legal hunting hours and continued waiting for a black bear.

The Charge Says a Bear Was Followed After Legal Hunting Hours

A black bear may have been seen or shot near the end of legal hunting time, and the Conservation Officer may say that you continued trailing or pursuing the live animal after the prohibited nighttime period began.

The Charge Says a Shot Was Fired After the Legal Cut Off

You and the prosecution may disagree about the shot time or the local sunset time.  Electronic timestamps, witness accounts, Conservation Officer observations, photographs, GPS records, or other timing evidence may become important.

The Charge Involves a Light Around a Bait Site

A flashlight, spotlight, vehicle light, headlamp, or another artificial light may have been directed into the hunting area, while the prosecution says it was being used for the purpose of hunting wildlife.

The Charge Involves a Firearm That Was Not Unloaded and Encased

You may say the hunt had ended, while the Conservation Officer says a firearm remained in your possession in an area usually inhabited by wildlife during the prohibited nighttime period without being unloaded and encased.

What Is the Fine?

The current Ontario set fine for unlawfully hunting at night under section 20(1)(a) is $250.  A set fine is the fine assigned when an offence is dealt with by ticket.

The current set fine for unlawfully possessing a firearm at night under section 20(1)(b) is $150.  The current set fine for unlawfully using a light to hunt at night under section 20(1)(c) is $250.

These are separate offences.  If your documents contain more than one section 20 charge, each charge and fine should be considered separately.

The total payable amount on a ticket may be higher than the set fine after the applicable victim fine surcharge and court costs are added.  The set fine is also different from the maximum penalty that may be legally available after conviction.

Under section 102(1) of the Fish and Wildlife Conservation Act, 1997, the general maximum penalty for an individual is a fine of up to $25,000, imprisonment for up to one year, or both, unless another penalty provision applies.  These are statutory maximums, not the automatic or usual result of every night hunting charge.

Section 104 may also permit a court to make an order affecting licences, authorizations, or regulated hunting activity after conviction where the legal requirements are met.  Such an order is not automatic in every section 20 case.

What Evidence May Be Used?

Night hunting cases often depend on combining timing evidence with evidence showing what you were actually doing.

Conservation Officer and Witness Evidence

Conservation Officer observations, notes, photographs, recordings, and witness accounts may describe your location, actions, firearm, light, vehicle, bait site, and statements.

Sunrise, Sunset, and Timing Evidence

Sunrise and sunset information, dispatch times, electronic timestamps, phone location information, GPS tracks, trail camera records, photographs, video, calls, messages, and other records may help establish the timing and location of the conduct described in the charge.

Firearm, Light, and Hunting Evidence

Firearms, bows, crossbows, ammunition, cases, lights, tree stands, blinds, bait sites, and other equipment may provide evidence concerning hunting activity or a separate firearm or light charge.

Wildlife and Physical Evidence

A black bear, blood, hair, tracks, cartridge cases, arrows, bullet evidence, or recovery information may help establish the sequence and timing where a bear was shot or pursued.

No single item necessarily proves the charge.  The evidence must be considered in relation to the requirements of the particular subsection shown on your ticket or summons.

Disclosure is the relevant information and evidence in the prosecution's possession or control that you are entitled to receive, subject to the law.  It should be reviewed against the exact subsection charged, the local sunrise or sunset time, and the evidence concerning your purpose and actions.

What Possible Defences or Legal Issues May Apply?

Possible defences and legal issues depend on the exact charge, timing evidence, location, firearm or light evidence, and your conduct.  No defence automatically guarantees that a charge will be withdrawn or dismissed.

The Activity Occurred During Legal Hunting Hours

The prosecution's timing evidence or sunrise and sunset calculation may be incorrect.  Astronomical information, photographs, GPS records, electronic timestamps, or witnesses may establish that the hunting occurred outside the prohibited nighttime period.

You Were Not Hunting

The evidence may support that you had stopped hunting and were travelling, returning to camp, retrieving equipment, recovering property, or carrying out another activity that did not legally amount to hunting.  Section 109's evidentiary rule must still be considered where it applies.

The Firearm Was Unloaded and Encased

For a section 20(1)(b) charge, photographs, Conservation Officer notes, inspection evidence, the firearm case, or witnesses may establish that the firearm was unloaded and completely enclosed as required.

The Light Was Not Being Used for Hunting

A flashlight, headlamp, vehicle light, or another light may have been used for travel, safety, equipment recovery, vehicle repairs, or another non-hunting purpose.  Section 20(1)(c) requires proof that the light was shone for the purpose of hunting wildlife.

A Legal Exception or Other Authority Applied

A prescribed exception or another legal authority may affect section 20 in limited circumstances.  Its wording and conditions must be compared with the precise charge and evidence.

Due Diligence or an Honest and Reasonable Mistake of Fact May Apply

Section 101 may provide a defence where you establish that you exercised all due diligence to prevent the offence or honestly and reasonably believed facts that, if true, would have made the conduct innocent.

Relevant evidence may include reasonable efforts to verify the correct local sunset or sunrise time, reliable clocks or electronic devices, and precautions taken to stop hunting before the prohibited period.  A factual mistake is different from simply misunderstanding the law.

Problems With the Evidence or How It Was Obtained

Conservation Officer observations, statements, photographs, GPS information, firearm evidence, light evidence, or witness accounts may be incomplete or unreliable.  The time source, identity, location, continuity of observations, and legal issues involving a detention, inspection, search, seizure, questioning, or statement may require review.

Could a Black Bear, Firearm, Vehicle, Light, or Other Property Be Seized or Forfeited?

Yes, where the legal requirements for seizure or forfeiture are met.  Depending on the circumstances, seized property may include:

• A black bear, carcass, meat, hide, or other bear parts;
• Firearms, bows, crossbows, ammunition, cases, or hunting equipment;
• Flashlights, spotlights, headlamps, or other lighting equipment;
• Phones, cameras, GPS devices, or electronic records;
• Vehicles or ATVs where legally connected with the investigation; and
• Other property believed to have been used in or provide evidence of an offence.

Seizure means property has been taken into official custody.  It does not establish guilt or automatically mean that ownership has been permanently lost.

Forfeiture means ownership is permanently lost through a legally authorized process.  Wildlife seized in connection with an offence may be forfeited following conviction as provided by law, and other seized property may also be subject to an authorized forfeiture order.

Keep every seizure notice, inventory, receipt, occurrence number, photograph, and other document provided by the Conservation Officer.

What Happens in Court?

What happens in court depends on whether you received a ticket or summons, how you respond, and whether additional charges were laid.  A disputed matter may be resolved before trial or may proceed to trial.

If you dispute the charge, disclosure should be requested and reviewed.  It may include Conservation Officer notes, sunrise and sunset evidence, photographs, video, GPS data, timestamps, witness statements, firearm or lighting evidence, electronic communications, and seizure documents.

The review should identify the exact subsection charged, the local sunrise or sunset time, the conduct the Conservation Officer says occurred, and the evidence concerning your purpose.  Where several hunters were present, each person's conduct and legal responsibility should be considered separately.

If the case proceeds to trial, the prosecutor must prove every required part of the particular charge beyond a reasonable doubt, subject to any legal burden that applies.  If there is a conviction, the court determines the applicable penalty and any legally available order concerning hunting activity or seized property.

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

• Ontario generally prohibits hunting wildlife from half an hour after sunset until half an hour before sunrise.
• Hunting at night, possessing a firearm at night, and using a light for the purpose of hunting wildlife are separate section 20 offences.
• The current set fine for unlawfully hunting at night under section 20(1)(a) is $250.
• The current set fine for unlawfully possessing a firearm at night under section 20(1)(b) is $150.
• The current set fine for unlawfully using a light to hunt at night under section 20(1)(c) is $250.
• A black bear does not have to be shot or killed for a hunting at night charge if your conduct legally amounted to hunting.
• Sunrise and sunset evidence, timing, purpose, firearm condition, lighting evidence, and Conservation Officer observations may be central to your case.

Conclusion

Being charged with hunting black bears at night does not automatically mean you will be convicted.  Your case may turn on a short period of time and specific evidence concerning the local sunrise or sunset time, what you were doing, whether your conduct legally amounted to hunting, and whether a firearm or light was involved.

Hunting at night, possessing a firearm at night, and using a light to hunt at night are separate charges even though they may arise from the same incident.  Before paying a ticket or responding to a summons, make sure you understand the precise section charged, the evidence being relied upon, the possible consequences, and your legal options.