Hunting Deer During a Closed Season in Ontario:

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Last Updated: August 29 2026

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Question:I was summonsed for hunting white-tailed deer during a closed season in Ontario, what should I do before I respond?

Answer:If you received a summons or ticket for hunting deer during a closed season in Ontario, DefendCharges.ca™ can help you understand whether the Conservation Officer’s date, Wildlife Management Unit, resident status, firearm or bow class, and the specific season entry on the charge actually match the law that was in force, how paying may be treated as a guilty plea, what evidence to preserve, and what defences may apply before your deadline in Ontario court.  Don’t delete photos, GPS, messages, trail camera records, licence summaries, or seizure documents, and avoid giving extra statements until you review the charge wording and section number.  For paralegal support focused on provincial offence hunting matters, call (647) 559-3377 to discuss next steps in plain language.

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Hunting Deer During a Closed Season in Ontario

Received a hunting ticket or summons for hunting white-tailed deer during a closed season in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  A conviction may result in a fine and may also affect your hunting privileges or seized property.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Do not panic.  Many people also refer to this charge as hunting out of season.  Regardless of the wording, the issue is whether you hunted deer when no applicable open season permitted that hunting.  Being charged does not automatically mean you will be convicted.

Whether a deer season was open may depend on the date, Wildlife Management Unit (the numbered area used to apply local hunting rules), resident or non-resident status, and the open season entry that applied.  Having the applicable Deer Licence or Farmer’s Deer Licence and Deer Tag authority, including through a lawful party hunting arrangement, does not create an open season where none exists.  This page explains how deer seasons work, what law applies, what must be proven, possible fines and other consequences, evidence, defences, seizure, and what may happen next.  If your documents list several deer charges, see Deer Hunting Charges to identify the charges that may apply.

What Should I Do Next?

Read every document carefully and do not ignore the response deadline or required court date.  The exact wording and section number matter because a closed season charge is different from a charge involving the wrong firearm class, a controlled deer hunt, a licence, or a tag.

Paying a ticket will usually be treated as pleading guilty and will result in a conviction, meaning a finding of guilt, without a trial.  A summons is a document requiring you to attend court or respond in the manner stated.

Before deciding how to respond, check:

• The exact wording and section number of every charge;
• The date, time, location, and Wildlife Management Unit listed on the charge;
• The open season entry the Conservation Officer says applied;
• Whether you were treated as a resident or non-resident;
• What firearm, bow, or other hunting equipment the charge says was used or carried;
• Whether a controlled deer hunt, party hunt, apprentice, or Farmer’s Deer Licence was involved; and
• Whether deer or other property was seized.

Keep your ticket or summons, Outdoors Card, Licence Summary, licences, tags, controlled hunt records, maps, GPS information, photographs, messages, trail camera records, receipts, and seizure documents.  Do not delete or alter information that may be relevant.

Consider obtaining legal advice before paying the ticket, entering a plea, or giving an additional written or recorded statement.  What you say after the incident may become part of the prosecution evidence.

Should I Pay the Ticket?

Paying the ticket will generally be treated as a guilty plea and will result in a conviction.  Before paying, make sure you understand which season the Conservation Officer says was closed and whether the charge accurately describes what happened.

The date and location should be compared with the open season rules in force on the offence date shown on the charge.  Where a Wildlife Management Unit boundary, resident or non-resident season, bows only period, controlled hunt, or firearm class is involved, the wording and section number should be reviewed carefully.

The amount printed on the ticket may not be the only possible consequence.  A conviction may affect hunting privileges or seized property and may appear alongside additional deer, firearm, vehicle, road, night hunting, or property related charges.

What Is Hunting Deer During a Closed Season?

This charge generally involves hunting white-tailed deer during a period when the applicable open season rules did not permit deer hunting.

The charge may arise where a person:

• Hunted before the applicable deer season opened;
• Continued hunting after the season ended;
• Hunted in a Wildlife Management Unit where deer season was closed;
• Relied on the season dates for a different Wildlife Management Unit;
• Hunted during a season that did not apply to their resident or non-resident status;
• Crossed into an area where the applicable deer season was closed; or
• Relied on an earlier year’s season information.

The first and last dates listed for an open season are generally included.  Hunting before the first listed date or after the last listed date may therefore lead to a closed season charge.

A closed season investigation may also uncover a licence, tag, antlerless deer, controlled hunt, firearm, possession, or transportation issue.  Those charges have their own legal requirements and do not automatically prove the closed season charge.  For an overview of other deer specific charges, see Deer Hunting Charges.

How Do Ontario Deer Seasons Work?

Ontario does not have one deer season that applies to every hunter and every location.  The applicable rule must be identified for the date and place stated in the charge.

Important factors may include:

• The Wildlife Management Unit or specified part of a unit;
• The opening and closing dates;
• The hunter’s resident or non-resident status;
• The firearm class authorized for the open season;
• Whether a controlled deer hunt period applied; and
• Any geographic or season specific condition.

A season may be open in one Wildlife Management Unit while remaining closed in a neighbouring unit.  Some units also have different periods for bows, guns, muzzle loading guns, residents, non-residents, or controlled deer hunts.

Deer seasons and related conditions are reviewed annually and may change.  Hunters should consult the current Ontario Hunting Regulations Summary before every season and confirm the legislation and season tables in force.  A saved webpage, screenshot, calendar, or previous year’s summary may no longer be accurate.

Does a Bows Only Season or Controlled Deer Hunt Affect the Charge?

Yes, but the exact legal issue must be identified.  A bows only period, a controlled deer hunt, and a completely closed deer season are related concepts, but they are not interchangeable charges.

Bows Only Seasons

Ontario law treats a bow or crossbow as a firearm for hunting purposes, but the deer season tables distinguish bows from other firearm classes.  During a bows only season, a hunter may use or carry only a bow that is lawful for that season.

A rifle, shotgun, or muzzle loading gun used or carried during a bows only period may therefore raise a different firearm class issue rather than, or in addition to, a closed season charge.  The section written on the ticket controls what must be proven.

Controlled Deer Hunts

A controlled deer hunt is a limited open season with additional eligibility and validation rules.  During a controlled hunt period that is not limited to bows, a hunter other than an eligible apprentice generally requires a controlled deer hunt validation for the specific Wildlife Management Unit and hunt period.  The validation appears on the hunter’s Licence Summary.  A controlled deer hunt validation is not a Deer Tag and does not replace the required Deer Licence or applicable Deer Tag authority.

Hunting during a controlled deer hunt without the required validation may raise a separate controlled hunt charge.  It should not automatically be treated as proof that the deer season itself was closed.

An eligible apprentice hunter may participate under the direct and immediate supervision of a qualified mentor when the applicable apprenticeship and controlled hunt requirements are met.  Other hunters participating during a controlled hunt should confirm whether their own Licence Summary requires the validation for that specific hunt.

Do a Deer Licence, Deer Tag, Party Hunt, or Farmer’s Deer Licence Make the Season Open?

No.  Hunting documents and arrangements do not create an open deer season.  For an independently licensed hunter, the applicable Deer Licence or Farmer’s Deer Licence and Deer Tag authority must work together where a tag is required; lawful party hunting may permit reliance on another participating hunter’s tag, but does not replace the hunter’s own required Deer Licence.  An eligible apprentice may hunt without purchasing their own licence or tag when the apprenticeship requirements are met.  None of these forms of authority permits deer hunting before the applicable season opens or after it closes.

If a document or arrangement did not provide the authority claimed for another reason, a separate licence, tag, party hunting, controlled hunt, or firearm charge may apply.  The wording and section number on the ticket or summons determine what must be proven.

What Law Applies?

These charges are governed primarily by Ontario’s Fish and Wildlife Conservation Act, 1997, Ontario Regulation 665/98, and Ontario Regulation 670/98.

The Act classifies white-tailed deer as big game, a legal category that also includes moose, black bear, elk, and woodland caribou.  An open season is the period when hunting a species is permitted, while a closed season is the period when hunting that species is not permitted.

Section 25(2) of Ontario Regulation 665/98 generally requires a person hunting deer to hunt in an area specified in the applicable open season table, during the open season that applies to the person and area, and in accordance with any applicable age or sex specification.  Ontario Regulation 670/98 contains the applicable deer open season tables.  The season that applies may depend on factors such as the Wildlife Management Unit, date, residency status, and hunting method.

What Must Be Proven?

The prosecutor, the lawyer or representative acting for the government, must prove every required part of the charge beyond a reasonable doubt.  Beyond a reasonable doubt is the high legal standard required before the court can find you guilty.

For a section 25(2) closed season charge involving deer, the prosecution may need to establish that:

• You were the person involved;
• Your conduct legally amounted to hunting;
• The wildlife involved was white-tailed deer;
• The hunting occurred on the date and at the location stated in the charge;
• The applicable deer season was closed; and
• The evidence proves the required elements of the charge actually written on the ticket or summons.

If the charge depends on a Wildlife Management Unit boundary, the prosecution must establish where the hunting occurred.  If resident and non-resident periods differed, the prosecution must establish the category and open season entry it relies upon.

The prosecution must prove your conduct, not merely the conduct of someone else in the hunting group.  Being present with hunters does not automatically establish that you were personally hunting.

Can You Be Charged if No Deer Was Shot or Killed?

Yes.  Ontario’s definition of hunting includes much more than killing a deer.  It 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.

A charge may arise from waiting for deer in a blind, following fresh tracks, pushing deer toward other hunters, using calls or rattling antlers, pursuing a wounded deer, or shooting and missing.  The purpose and surrounding circumstances matter.

Scouting is not automatically hunting.  The Act excludes searching for, following, or pursuing wildlife for a purpose other than attempting to kill, injure, capture, or harass it, unless the wildlife is actually killed, injured, captured, or harassed as a result.

A person may therefore say they were photographing wildlife, checking trail cameras, preparing a stand for a future season, working on property, retrieving equipment, travelling, or accompanying another hunter.  Equipment, location, conduct, communications, and explanations may be used to decide whether the activity had a hunting purpose.

What Common Situations Lead to This Charge?

The Hunter Used the Wrong Year’s Dates

The person may have relied on an old regulations summary, saved webpage, screenshot, calendar, or another hunter’s memory.

The Wrong Wildlife Management Unit Was Used

The season may have been open in one unit but closed in a neighbouring unit or specified part of a unit.  Maps, property boundaries, roads, lakes, and GPS records may become important.

The Hunt Began Too Early or Continued Too Late

The person may have entered the field before opening day or continued pursuing deer after the final date.  A dispute may arise over when scouting, preparation, tracking, or retrieval became hunting.

The Hunter Crossed a Boundary

The activity may have begun where the season was open before crossing into a Wildlife Management Unit or area where it was closed.

The Charge Actually Concerns a Firearm or Controlled Hunt

The charge may say that a gun was used during a bows only period or that the person lacked a controlled hunt validation.  The exact section number matters because those issues can involve different offences from the closed season charge.

The Person Says They Were Not Hunting

The person may say they were scouting, photographing deer, checking cameras, working on land, retrieving property, travelling, or accompanying another person.

What Is the Fine?

The current Ontario set fine for “Hunt during the closed season — deer” under section 25(2) is $500.  A set fine is the fine assigned when an offence is dealt with by ticket.  The total payable amount may be higher after the victim fine surcharge, an additional amount imposed under Ontario law, and applicable court costs are added.

The precise set fine should be confirmed using the charge wording, regulation provision, and set fine schedule in force on the offence date shown on the charge.  A related firearm class or controlled hunt charge may have a different set fine.

Section 102(1) of the Fish and Wildlife Conservation Act, 1997 provides a general maximum penalty for an individual of a fine up to $25,000, imprisonment for up to one year, or both.  These are statutory maximums, not the automatic or usual result of every closed season charge.

A court may also make an order affecting a hunting licence or authorization where the legal requirements are met.  Other possible consequences may involve a victim fine surcharge, court costs, forfeiture of unlawfully obtained wildlife, or orders concerning seized property.

What Evidence May Be Used?

These cases often turn on evidence showing where and when the activity occurred, which season applied, and whether the person was hunting.

Season and Location Evidence

Open season tables, Wildlife Management Unit maps, GPS coordinates, property records, roads, lakes, photographs, and timestamps may be used to identify the applicable season and the hunting location described in the charge.

Officer, Witness, and Electronic Evidence

Conservation Officer notes, reports, recordings, body camera footage, witness statements, phone location information, GPS tracks, messages, hunting group communications, trail camera records, photographs, videos, and social media content may be used to reconstruct the activity.

Hunting Documents, Equipment, and Wildlife Evidence

Outdoors Card records, Licence Summaries, licences, tags, controlled hunt validations, purchase records, firearms, bows, ammunition, hunting equipment, deer or deer parts, processor records, and seizure documents may be relevant to the charge.

Disclosure is the information in the prosecutor’s possession or control that is relevant to the charge and that you are entitled to receive, subject to the applicable legal rules.  It should be requested and reviewed before deciding how to respond to a disputed charge.

What Possible Defences and Legal Issues May Apply?

Possible defences depend on the exact charge, date, location, applicable season, and available evidence.  Issues that may need to be reviewed include:

• The deer season was open: The correct open season entry may show that deer hunting was permitted at the time and place stated in the charge;
• The date or location was wrong: Maps, GPS data, photographs, metadata, property records, receipts, or witnesses may dispute when or where the activity occurred;
• You were not hunting: The evidence may support scouting, photography, work, travel, equipment retrieval, or another non hunting purpose;
• You were not the person involved: Officer observations, photographs, video, or witness accounts may not reliably identify the hunter;
• Another legal authority applied: A permit, authorization, or constitutionally protected harvesting right may be relevant where supported by the facts;
• Due diligence was exercised: The evidence may show that you took all reasonable care to confirm and follow the applicable season; or
• An honest and reasonable mistake of fact occurred: You may have honestly and reasonably believed facts that, if true, would have made the conduct innocent.

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  It requires more than an absence of intent to break the law.  Simply not knowing the season dates or relying on an old summary may not establish the defence.

A mistake about the law is also different from a mistake about a fact.  An honestly and reasonably mistaken belief about the physical location of a Wildlife Management Unit boundary may raise a factual issue; merely misunderstanding what the regulation requires may not.

Could Deer, Firearms, Vehicles, or Hunting Equipment Be Seized?

Yes.  A Conservation Officer may seize wildlife or other property where the applicable legal requirements are met.  Depending on the circumstances, this may include deer or deer parts, firearms, bows, vehicles, hunting equipment, documents, phones, cameras, or GPS devices.

Seizure means property has been taken into official custody; it does not automatically mean ownership has been permanently lost.  Forfeiture means ownership is permanently lost through a court order or another lawful process.

Keep every seizure notice, inventory, receipt, occurrence number, and other document provided by the Conservation Officer.  Whether property must be returned or may be forfeited depends on the legal authority used, the property, the charges, and the outcome.

What Happens Next?

What happens next depends on whether you received a ticket or summons, how you respond, and whether additional charges were laid.  If you dispute the charge, request and review disclosure before making an informed decision.

The case may be resolved without a trial or may proceed to trial.  At trial, the prosecutor must prove every required part of the charge beyond a reasonable doubt.  If there is a conviction, the court determines the penalty and any legally available order concerning hunting privileges or seized property.

Where several hunters were present, each person’s conduct, documents, and role should be considered separately.  One person’s licence, tag, validation, or conduct does not automatically determine whether another person committed the offence.

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

• Hunting deer out of season is another common description for hunting deer during a closed season.
• A valid Deer Licence or Farmer’s Deer Licence and the required Deer Tag authority do not create an open season; neither does a lawful party hunting or apprentice arrangement.
• A wrong firearm or controlled hunt charge may involve a different legal provision from the section 25(2) closed season charge.
• Season dates and conditions should be checked in the current Ontario Hunting Regulations Summary before every season.
• You may be charged even if no deer was shot or killed, but scouting or merely accompanying hunters is not automatically hunting.
• The prosecutor must prove the offence actually written on the ticket or summons.
• Consider obtaining legal advice before paying a ticket, entering a plea, or giving an additional statement.

Conclusion

Being charged with hunting deer during a closed season does not automatically mean you will be convicted.  The prosecutor must prove that your conduct legally amounted to hunting white-tailed deer and that the applicable season was closed at the time and location stated in the charge.

The date, Wildlife Management Unit, resident or non-resident status, open season table, equipment, maps, electronic records, and your actual purpose may affect the case.  Before paying a ticket or responding to a summons, make sure you understand the exact charge, the section used, the possible consequences, and your legal options.