Hunting Moose During a Closed Season in Ontario: Charges, Fines, Penalties & Legal Help | DefendCharges.ca™


Last Updated: August 29 2026

Question:What should I do after getting a ticket for hunting moose during a closed season in Ontario?

Answer:DefendCharges.ca™ can help Ontario hunters respond to moose-out-of-season tickets or summonses, including reviewing the exact charge wording and section, confirming the correct Wildlife Management Unit and resident or non-resident season, checking Moose Licence, Moose Tag, and firearm class documents, and advising whether paying the set fine would likely be treated as a guilty plea.  Don’t miss the response deadline, preserve licence and seizure materials, and consider getting paralegal assistance before entering a plea or giving any written or recorded statement.  If you’re facing seizure or court instead of a payable ticket, call (647) 559-3377 for next-step guidance on your best response strategy in Ontario.

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Hunting Moose During a Closed Season in Ontario

Hunting Moose During a Closed Season in Ontario: Charges, Fines, Penalties & Legal Help Received a hunting ticket or summons for hunting moose 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.  Being charged does not automatically mean you will be convicted.  Many people also refer to this charge as hunting out of season.  Regardless of the wording, the issue is whether you hunted moose when no applicable open season permitted that hunting.

This page explains what hunting moose during a closed season means, how moose open seasons work, what law applies, what must be proven, the current set fine, evidence, possible defences, seizure and forfeiture, and what may happen in court.  Moose seasons can vary by Wildlife Management Unit, residency status, special hunting opportunity, and firearm class.  If your documents list several moose charges, see Moose 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 court date.  A ticket usually provides response options and a deadline.  A summons is a court 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 alleged date, time, location, and Wildlife Management Unit;
  • Whether you were classified as a resident or non-resident;
  • Which moose season and firearm class applied to the area;
  • Whether a special or controlled hunting opportunity was involved;
  • What Moose Licence, Moose Tag, party hunting authority, or other documents existed; and
  • Whether a moose or any other property was seized.

A Wildlife Management Unit, commonly called a WMU, is a numbered area Ontario uses to apply hunting seasons and other local hunting rules.  The exact WMU may be particularly important in a closed season case because the same date may be open in one area and closed in another.

Keep your ticket or summons, Outdoors Card, Licence Summary, Moose Licence, Moose Tag, allocation records, maps, GPS information, photographs, messages, receipts, hunter reports, and seizure documents.  Preserve the original electronic records and do not delete or alter information that may be relevant.

Write down what you remember while it is fresh, including the route, landmarks, people present, equipment, moose observed, and what each person was doing.  Consider obtaining legal advice before paying a ticket, entering a plea, or giving another written or recorded statement.

Should I Pay the Ticket?

Paying the ticket will generally be treated as pleading guilty and will result in a conviction without a trial.  Before paying, make sure you understand which season the officer says was closed and why that season allegedly applied to you.

A dispute may concern the alleged hunting date, precise location or Wildlife Management Unit, resident or non-resident status, special season, species involved, or whether your conduct legally amounted to hunting.  A related charge involving a Moose Licence, Moose Tag, party hunt, or firearm class may require a separate analysis.

The set fine printed on a ticket may not be the only possible consequence.  A conviction may affect hunting privileges or seized property, and the same incident may have resulted in several separate charges.  A summons may require the matter to proceed through court rather than being dealt with as an ordinary payable ticket.

What Is Hunting Moose During a Closed Season?

This charge generally concerns whether you hunted moose outside the open season applicable to you and the area where the hunting occurred.  It may involve hunting before a season opened, after it ended, or in a Wildlife Management Unit where no applicable moose season was open.

Ontario law defines a closed season as the period during which hunting, trapping, or fishing for a species is not permitted.  An open season is the period during which the activity is permitted, subject to the other legal requirements that apply.

Hunting is broader than killing an animal.  It can include lying in wait for, searching for, being on the trail of, pursuing, chasing, shooting at, capturing, or harassing wildlife.  Certain searching, waiting, trailing, or pursuing for a purpose other than attempting to kill, injure, capture, or harass wildlife may fall outside the definition, depending on what occurred.

This page focuses on the closed season charge.  If the same incident resulted in more than one moose charge, see Moose Hunting Charges to identify the other charges you may be facing.

How Do Moose Open Seasons Work?

There is no single Ontario wide moose season that applies to every hunter and every location.  Ontario Regulation 670/98 contains the legal open season table for moose.  The table identifies areas, resident and non-resident seasons, and firearm classes.

The annual Ontario Hunting Regulations Summary is secondary guidance that presents current season information in a more readable format.  It is not the legislation itself and should not be treated as a complete collection of Ontario hunting law.

Moose hunting opportunities may include general firearm seasons, seasons limited to particular firearm classes, bows only opportunities, and certain resident opportunities with controlled hunter numbers.  The exact season that applies depends on the applicable law and circumstances.

Season dates and related rules may change from year to year.  A case involving an earlier incident must be reviewed using the legislation and official season information that applied on the alleged date rather than automatically applying the rules in force today.

If a saved screenshot, social media post, mapping application, another hunter’s recollection, or a summary conflicts with the legislation, the legislation controls.  The legal table and provisions in force on the alleged offence date should therefore be checked carefully.

Why Do the Wildlife Management Unit and Residency Status Matter?

The same date may fall within an open moose season in one Wildlife Management Unit but outside the season in another.  Some areas may also have different opportunities for residents and non-residents or special opportunities available only to hunters who satisfy particular requirements.

The exact location may therefore be central to the charge.  A road, waterway, township line, or other feature may form part of a Wildlife Management Unit boundary, and a general navigation application may not always show the legal boundary precisely.

Resident and non-resident seasons may begin or end on different dates.  Residency is a legal classification under Ontario law rather than simply the mailing address a hunter used or the way the hunter described themselves.

If residency affected which season allegedly applied, licensing records and the circumstances relevant to the legal residency definition may need to be reviewed.  The applicable season cannot be determined from the calendar date alone.

Does a Bows Only or Wrong Firearm Issue Mean the Moose Season Was Closed?

A firearm class issue and a closed season charge can be closely related, but they are not necessarily the same offence.  The moose open season table identifies the firearm class connected with each listed season, while Ontario Regulation 665/98 also contains separate rules governing the firearm class a person may use or carry while hunting deer, elk, or moose.

For example, a period may be open for bows while a person is alleged to have hunted with or carried a rifle.  The date, Wildlife Management Unit, equipment, and applicable legal provisions may determine whether the charge concerns the open season, the firearm class, or more than one offence.

The section number on the ticket or summons matters.  Section 25(2) addresses hunting game wildlife in the applicable area and open season, including an age or sex specification where one applies.  Section 70 contains separate rules concerning firearm classes while hunting deer, elk, or moose.

Evidence that the wrong firearm class was used does not automatically prove every required part of a separate closed season charge.  Each charge should be considered using its own legal requirements.

Can a Moose Licence, Moose Tag, or Party Hunt Make a Closed Season Open?

No.  A Moose Licence, Moose Tag, party hunting arrangement, or apprentice status does not create, extend, or replace an open season.  For an independently licensed hunter, the required Moose Licence and applicable Moose Tag authority must both be satisfied where a tag is required.  Lawful party hunting may permit reliance on another participating hunter's applicable Moose Tag, but it does not eliminate the ordinary party hunter's own Moose Licence requirement.  An eligible apprentice may hunt without purchasing their own licence or tag when the apprenticeship requirements are met, and the supervising mentor must hold the applicable Moose Licence and tag authority required for the hunt.

A Moose Tag is a component of a hunting licence and may be restricted to a particular Wildlife Management Unit, moose type, season, or other conditions.  A Bull Tag or Cow/Calf Tag connected with a bows only opportunity does not authorize hunting during a different season.  A Calf Tag may have different conditions, but it still does not authorize hunting before the applicable season opens or after it closes.

Party hunting also does not extend an open season.  A person relying on another participant’s applicable Moose Tag must still comply with the applicable season and all other party hunting requirements.

If the issue is whether the hunting party exceeded the authority provided by its available tags, that may involve a different charge with different legal requirements.

Does the Type of Moose Affect the Charge?

The age or sex of the moose may matter where the applicable season table, Moose Tag, or special hunting opportunity distinguishes among moose types.  Ontario hunting materials commonly describe an adult male moose as a bull, an adult female moose as a cow, and a young moose as a calf.

Section 25(2) requires compliance with an age or sex specification in the applicable open season table where one applies.  Moose Tag authority is related but separate because a Bull Tag, Cow/Calf Tag, or Calf Tag does not provide the same harvest authority.

If a moose was recovered, photographs, identifying anatomy, biological evidence, field dressing observations, and tagging records may help establish its type.  If no animal was recovered, the prosecutor may rely on observations, recordings, statements, photographs, or evidence showing the type of moose toward which the alleged conduct was directed.

What Law Applies?

The principal rules are found in Ontario’s Fish and Wildlife Conservation Act, 1997, Ontario Regulation 665/98, commonly called the Hunting Regulation, and Ontario Regulation 670/98, the Open Seasons—Wildlife Regulation.

The Fish and Wildlife Conservation Act, 1997 defines open season, closed season, and hunting.  Section 25(2) of Ontario Regulation 665/98 generally requires game wildlife to be hunted in an area specified for the species, during the open season applicable to the person and area, and in accordance with an applicable age or sex specification.

Table 8 of Ontario Regulation 670/98 contains the areas, seasons, and firearm classes applying to moose.  Section 70 of Ontario Regulation 665/98 separately contains rules concerning the firearm class used or carried while hunting deer, elk, or moose.

Section 101 of the Fish and Wildlife Conservation Act, 1997 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 in facts that, if true, would make the conduct innocent.  Due diligence means taking all reasonable care in the circumstances to prevent the offence.

Section 109 also contains evidentiary rules that may affect how hunting is proven in particular circumstances, including certain situations involving hunting equipment or a wildlife decoy used by an officer.  The effect of those rules depends on the evidence in the particular case.

What Must Be Proven?

Before you can be convicted, the prosecutor must prove every required part of the 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 charge under section 25(2), the prosecution may need to establish that:

  • You were the person involved;
  • Your conduct legally amounted to hunting;
  • The game wildlife involved was moose;
  • The alleged hunting occurred on the date and at the location claimed;
  • No applicable open season authorized the hunting in that area at that time; and
  • Any age or sex classification material to the charge was established.

The prosecution must prove the offence actually charged.  Being in a hunting area, accompanying other hunters, holding a Moose Licence or Moose Tag, or possessing a firearm does not automatically establish every required part of a closed season charge.

A statutory exception, special authorization, constitutionally protected Indigenous harvesting right, or another form of lawful authority may affect the legal analysis.  Whether such an issue applies depends on the particular facts, the wording of the legislation, the evidence, and the legal burden that applies.

Section 101 places the burden on the person charged to establish due diligence or an honest and reasonable mistake of fact when relying on those defences.  That is different from the prosecutor’s obligation to prove the required parts of the closed season offence beyond a reasonable doubt.

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

No.  A closed season charge does not require that a moose was shot, injured, or killed if your conduct legally amounted to hunting.  Ontario’s definition of hunting includes conduct beyond killing wildlife.

Hunting can include lying in wait for, searching for, being on the trail of, pursuing, chasing, shooting at, capturing, or harassing wildlife.  The charge may therefore be based on conduct such as following fresh moose tracks, calling moose, waiting at a known crossing, pursuing an animal, driving a moose toward another hunter, or shooting and missing.

Scouting is not automatically hunting.  Searching for, waiting for, trailing, or pursuing wildlife for a purpose other than attempting to kill, injure, capture, or harass it may fall outside the statutory definition, depending on what actually occurred.

You may have been photographing wildlife, checking a trail camera, travelling, retrieving equipment, working, or accompanying another hunter.  Officer observations, equipment, location, communications, and statements may all be relevant when deciding whether your conduct had a hunting purpose.

What Common Situations Are Involved in This Charge?
The Hunter Used the Wrong Year’s Season Information

You may have relied on an old summary, saved screenshot, calendar entry, or memory from a previous hunting season.  The case must be considered using the law and official season information that applied on the alleged offence date.

The Wrong Wildlife Management Unit Was Used

You may have planned the hunt using the season for one Wildlife Management Unit while allegedly hunting in another.  Official area descriptions, maps, GPS data, landmarks, and officer observations may become important.

The Hunt Began Too Early or Continued Too Late

The alleged hunting activity may have occurred close to the opening or closing date of the season.  Photographs, messages, electronic timestamps, licence records, GPS information, and witness accounts may help establish when the activity occurred.

The Hunter Crossed a Boundary

A trail, logging road, water crossing, or vehicle route may have entered a neighbouring Wildlife Management Unit.  Whether you crossed a boundary and whether you were legally hunting at the time are separate factual questions.

A Resident Season Was Used by a Non-Resident

The season may have been open to residents but not to non-residents on the alleged date.  Licensing information and evidence relevant to your residency classification may therefore be important.

A Special Season Did Not Apply to the Hunter

A limited hunting opportunity may be available only in a particular Wildlife Management Unit or to hunters who satisfy specific eligibility or documentation requirements.  You may have believed another participant’s eligibility or authority applied to the entire hunting group.

You Say You Were Not Hunting

You may say you were scouting, travelling, retrieving equipment, checking cameras, working, or helping only after a lawful hunt.  Whether your conduct legally amounted to hunting depends on its purpose and the evidence available.

What Is the Fine?

The current Ontario set fine for “Hunt during the closed season - moose” under section 25(2) of Ontario Regulation 665/98 is $500.

A set fine is the fine assigned when a particular offence is dealt with by ticket.  A victim fine surcharge is an additional amount added after conviction under Ontario law to help fund programs and services for victims.  It is separate from the fine for the hunting offence and is not paid directly to a victim in your case.  The amount you may have to pay can therefore be higher than the set fine shown for the offence, and the set fine should not be confused with the maximum penalty a court may impose after conviction.

The applicable set fine should be confirmed using the exact charge wording, section number, and set fine schedule in force on the alleged offence date.  A separate charge involving the firearm class, licence, tag, party hunt, vehicle, possession, or another hunting rule 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 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 hunting moose during a closed season charge.

Section 104 may also allow a court to make an order affecting licences, authorizations, or regulated hunting activity after conviction where the legal requirements are met.  A hunting licence suspension or cancellation is not automatic in every closed season case.

What Evidence May Be Used?

These cases often depend on proof of the applicable season, exact location and date, and what you were doing.  Several categories of evidence may be considered together.

Season, Area, and Legal Records
  • The regulation and open season table in force on the alleged date;
  • The Ontario Hunting Regulations Summary, official Wildlife Management Unit maps, and legal area descriptions; and
  • Records showing resident or non-resident status and eligibility for a special hunting opportunity.
Location and Timing Evidence
  • GPS tracks, phone location information, mapping data, and vehicle routes;
  • Photographs, videos, trail camera images, messages, and electronic timestamps; and
  • Landmarks, road signs, property records, camps, trails, and witness descriptions.
Officer and Witness Evidence
  • Conservation Officer observations, notes, reports, photographs, video, and audio recordings;
  • Statements from hunters, passengers, landowners, outfitters, or other witnesses; and
  • Statements allegedly made by you about the hunt, season, route, location, or purpose.
Licensing, Electronic, and Physical Evidence
  • Outdoors Card records, Licence Summaries, Moose Licences, Moose Tags, and party hunting records;
  • Firearms, bows, ammunition, calls, clothing, blinds, vehicles, and other hunting equipment; and
  • A moose or moose parts, biological evidence, tagging records, hunter reports, and seizure documents.

No single piece of evidence necessarily proves the charge.  The evidence must be considered together in relation to the legal requirements of the particular charge.

Disclosure is the relevant information in the prosecutor’s possession or control that you are entitled to receive, subject to the law.  It should be requested and reviewed before making important decisions about a disputed charge.

What Possible Defences or Legal Issues May Apply?

Possible defences and legal issues depend on the charge wording, applicable season table, location evidence, alleged conduct, and surrounding circumstances.  No defence automatically guarantees that a charge will be withdrawn or dismissed.

An Open Season Applied

The correct historical season table may show that an open moose season applied to you and the area on the alleged date.  The complete legal table and any relevant eligibility provisions should be considered rather than relying on an isolated calendar entry.

The Date, Location, or Wildlife Management Unit Is Not Proven

The prosecution may be unable to establish when or where the alleged hunting occurred.  Official boundaries should be compared with reliable location evidence instead of relying only on a general map or assumption.

You Were Not Hunting

The evidence may support lawful scouting, photography, travel, work, equipment retrieval, or assistance provided after a hunt.  The legal definition of hunting, your purpose, and any applicable evidentiary rules must be considered.

Identity or Species Is Not Proven

Officer observations, photographs, video, or witness accounts may not reliably establish that you were the hunter or that the conduct was directed toward a moose.  Simply being present with a hunting group does not automatically establish individual responsibility.

Due Diligence Was Exercised

Due diligence means taking all reasonable care to prevent the offence.  Relevant steps may include checking current official information and the applicable regulation, confirming the Wildlife Management Unit using reliable information, verifying residency or special season eligibility, and resolving conflicting information before hunting.

An Honest and Reasonable Mistake of Fact Occurred

The evidence may show that you honestly and reasonably believed facts that, if true, would have made your conduct innocent.  A factual mistake concerning an unmarked boundary may raise a different issue from simply misunderstanding the law or assuming another hunter knew the correct season dates.

Another Lawful Authority or Legal Issue Applies

A statutory exception, special authorization, constitutionally protected Indigenous harvesting right, or issue concerning the admissibility of evidence may require separate analysis.  Its legal effect depends on the particular facts and law.

Following outdated information, relying on another hunter, forgetting to check the applicable season, or having no intention to break the law does not automatically establish a defence.  The court considers the legal requirements, evidence, and reasonableness of the steps taken.

Could a Moose, Firearm, Vehicle, or Hunting Equipment Be Seized or Forfeited?

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

Seizure means property has been taken into official custody.  It does not automatically mean you will be convicted or that ownership has been permanently lost.

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

A firearm, vehicle, phone, or other item is not automatically forfeited merely because it was seized.  Keep every seizure notice, inventory, receipt, occurrence number, and related 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 the incident resulted in other charges.  A disputed matter may be resolved before trial or may proceed to trial.

If the case proceeds to trial, the prosecutor must prove the required parts of the closed season charge beyond a reasonable doubt, subject to any evidentiary rules and legal burdens that apply.  The evidence concerning the date, Wildlife Management Unit, applicable season, residency status, and alleged hunting activity may be particularly important.

If there is a conviction, the court determines the penalty and any legally available order concerning hunting privileges or seized property.  Where several people were present, each person’s conduct, documents, statements, location, and alleged role should be considered separately.

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
  • A moose season must be open for you and the area on the alleged hunting date.
  • Moose seasons may vary by Wildlife Management Unit, residency status, special eligibility, and firearm class.
  • A Moose Licence, Moose Tag, or party hunting arrangement does not create or extend an open season.
  • A firearm class charge may be related to, but legally different from, a section 25(2) closed season charge.
  • No moose has to be shot or killed for conduct to fall within Ontario’s legal definition of hunting.
  • The current set fine for hunting moose during the closed season under section 25(2) is $500.
Conclusion

Being charged with hunting moose during a closed season does not automatically mean you will be convicted.  The case requires a careful comparison between the alleged conduct and the open season that applied to you, the location, and the date.

Official season records, Wildlife Management Unit boundaries, residency information, location data, officer observations, and evidence about whether you were hunting may all affect the case.  Before paying a ticket or responding to a summons, make sure you understand the exact charge, the possible consequences, and your legal options.

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