Hunting Rabbit During Closed Season in Ontario:

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Last Updated: September 17 2026

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Question:I got a summons for hunting cottontail rabbit during closed season in Ontario; should I pay the ticket or book a paralegal review?

Answer:DefendCharges.ca™ can help you assess your Ontario hunting rabbit-out-of-season charge, explain what must be proven under the Hunting Regulation and the cottontail open-season tables, and review whether the alleged WMU, dates, hunting method, and evidence actually show you hunted cottontail when no open season applied.   Don’t panic or assume the ticket is automatic guilt, but avoid missing response deadlines because paying is often treated like a guilty plea.   If there was a defence angle such as protection of property under Fish and Wildlife Conservation Act, 1997, and/or the officer’s observations or species identification can be challenged, a paralegal can organize the documents and next steps before your next court appearance.   Call (647) 559-3377 to discuss your specific wording and what to bring to your initial review.

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Hunting Rabbit During Closed Season in Ontario

Received a hunting ticket or summons for Hunting Rabbit During Closed Season in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  The charge concerns whether you hunted cottontail rabbit at a time, in a place, or under a hunting method for which no applicable open cottontail season was in force.

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 call this hunting rabbit out of season.  Being charged does not automatically mean you will be convicted.  The date, Wildlife Management Unit, hunting method, species identification, and what you were actually doing can all matter because Ontario has different cottontail seasons for ordinary hunting and falconry.

This page explains what Hunting Rabbit During Closed Season means, which Ontario cottontail seasons apply, what must be proven, the current fine, evidence that may matter, possible exceptions and defences, seizure issues, and what may happen next.  This offence is part of Small Game & Furbearer Charges.

I Received a Hunting Rabbit During Closed Season Ticket or Summons.  What Should I Do?

Read every document carefully and do not miss the response deadline or required court date.  A summons is a court document requiring you to attend court or respond as directed.  Your ticket may use the wording Hunt during the closed season — game mammal other than big game rather than the plain English page title used here.

Start with the exact offence wording and section number.  Record the date, time, exact location, Wildlife Management Unit, hunting method, wildlife involved, who was with you, and what the Conservation Officer says you were doing.  A Wildlife Management Unit (WMU) is a numbered geographic area Ontario uses to apply local hunting seasons and other hunting rules.

Keep your ticket, summons, Outdoors Card, Licence Summary, Small Game Licence records, maps, GPS information, photographs, videos, messages, hunting equipment information, witness information, and every document provided by the Conservation Officer.  If you were using falconry equipment or acting to protect property, preserve the records that support those circumstances.

Should I Pay the Ticket?

Paying the ticket will generally be treated as pleading guilty and will result in a conviction.  A conviction means a finding of guilt.  Before paying, compare the alleged date, location, species, and hunting method with the open season that actually applied and review whether the evidence establishes that you were hunting cottontail.

A valid Small Game Licence does not create an open season where none applies.  Conversely, a charge about hunting during a closed season is different from a charge about having no Small Game Licence, exceeding a rabbit limit, using prohibited equipment, or failing to hold a municipal licence where one is separately required.

What Is Hunting Rabbit During Closed Season?

Hunting Rabbit During Closed Season means hunting cottontail when no open cottontail season applied to the date, area, and hunting method involved.  Ontario commonly refers to eastern cottontail as cottontail (rabbit).  Cottontail is legally classified as a game mammal and is treated as small game for Ontario hunting rules.

This page uses rabbit to mean cottontail.  European hare and snowshoe or varying hare are separate legal species with their own season rules and are addressed separately within the Small Game & Furbearer Charges category.  Correct species identification can therefore matter if the charge or evidence uses the everyday word rabbit loosely.

An open season is the period when Ontario permits hunting the species in the applicable area and circumstances.  A closed season is the period when no applicable open season permits that hunting.  Ontario Regulation 665/98 requires game wildlife listed in the open season tables to be hunted only in a listed area and during the open season that applies to the hunter and area.

The hunting method can also matter.  Ontario uses one table for ordinary small game hunting and a different table for hunting small game with a falconry bird or non-indigenous falconry bird.  A falconry bird is a trained bird of prey used to hunt wildlife under Ontario's falconry rules.

A Small Game Licence, Outdoors Card, or other hunting document does not override the open season.  The charge should therefore be reviewed using the season table that applied to the actual method, date, and location alleged by the Conservation Officer.  Other rabbit, hare, grouse, trapping, furbearer possession, and pelt offences are organized within Small Game & Furbearer Charges.

What Are the Current Cottontail Rabbit Seasons?

For ordinary hunting without a falconry bird, the current cottontail seasons are limited to the WMUs and dates listed in Ontario's small game open season table.  For the 2026 hunting year, the principal cottontail seasons are:

• WMUs 36, 37, 42–50, 53–67 and 69B: September 15 to March 31 in the following year; and
• WMUs 68, 69A and 70–95: September 25 to the last day of February in the following year.

The dates are inclusive.  The ordinary open season table does not list a cottontail season outside the WMUs identified for cottontail.  A charge can therefore concern hunting before the opening date, after the closing date, or in an area where the table did not provide an open cottontail season.

Season dates can change through regulation.  The legally relevant season is the one that was in force on the date identified in your charge, not necessarily the season shown for another year.

Does Falconry Have a Different Rabbit Season?

Yes.  Ontario provides a separate small game season for hunting with a falconry bird or non-indigenous falconry bird.  For cottontail, the current falconry season is September 1 to March 31 in WMUs 36, 37, 42–50 and 53–95.

This distinction can be important for a charge arising in early September or after the ordinary February closing date in southern WMUs.  The fact that a falconry season was open does not help a hunter who was using a gun, bow, or another ordinary hunting method.  The evidence must show which method was actually being used.

Falconry also has separate licensing requirements.  Those requirements are different from the closed season issue and should be reviewed separately if they appear on your ticket or summons.

What If the Rabbit Was Damaging My Property?

Ontario has a separate protection of property rule that can matter in a closed season case.  Section 31 of the Fish and Wildlife Conservation Act, 1997 allows a person who reasonably believes wildlife is damaging or is about to damage their property to harass, capture, or kill the wildlife on the person's land, subject to the limits of that section.

Ontario Regulation 665/98 provides that most of the ordinary Hunting Regulation, including the general closed season rule in section 25, does not apply to a person acting lawfully under section 31.  This is not a general permission to hunt rabbit out of season.  The property, location, reason for acting, amount of wildlife affected, and other requirements must fit the protection of property provision.

What Law Applies?

The principal closed season rule is subsection 25(2) of Ontario Regulation 665/98, commonly called the Hunting Regulation.  It requires a person hunting game wildlife identified in an open season table to hunt the species in an area listed for the species and during the open season applicable to the person and area.

Ontario Regulation 670/98, Open Seasons — Wildlife, contains the current cottontail seasons in Table 9 for ordinary small game hunting and Table 9.1 for hunting with a falconry bird or non-indigenous falconry bird.  Ontario Regulation 669/98 classifies cottontail as a game mammal.

The protection of property provision is section 31 of the Fish and Wildlife Conservation Act, 1997, together with Part XVII of the Hunting Regulation.  Other rules involving Small Game Licences, municipal licences, hunting methods, daily limits, possession limits, or property access can create separate charges but do not need to be taught in detail to understand this closed season offence.

What Must Be Proven?

The prosecutor, meaning the lawyer or representative presenting the government's case, must prove every required part of the 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 Hunting Rabbit During Closed Season charge under subsection 25(2), the prosecutor will generally need evidence establishing that:

• You were the person involved;
• Your conduct legally amounted to hunting;
• The wildlife involved was cottontail, a game mammal other than big game;
• The hunting occurred on the date and at the location relied upon in the charge;
• The season table applicable to your hunting method did not authorize cottontail hunting in those circumstances; and
• No legal exception relied upon in the case removed the ordinary closed season restriction.

If you rely on a prescribed authorization, exception, exemption, or qualification, subsection 47(3) of the Provincial Offences Act generally places the burden of proving that it operates in your favour on you.  This can be important where the protection of property rules or another specific exception is relied upon.

Does a Rabbit Have to Be Shot or Killed?

No.  A successful kill is not required for a closed season hunting charge.  Ontario defines hunting broadly and the definition includes conduct beyond shooting or killing wildlife.

Hunting can include lying in wait for, searching for, being on the trail of, pursuing, chasing, or shooting at wildlife for the purpose of killing, injuring, capturing, or harassing it.  It also includes capturing or harassing wildlife.

A missed shot or other conduct that legally amounts to hunting can therefore support the charge even if no rabbit was killed.  Merely seeing a rabbit, travelling through an area, photographing wildlife, checking property, or being present with another hunter does not automatically establish hunting.

What Common Situations Lead to This Charge?

Hunting Before the Cottontail Season Opened

The Conservation Officer may say the hunting occurred before September 15 or September 25, depending on the applicable ordinary hunting area.  The exact WMU, date, and hunting method can be decisive.

Hunting After the Cottontail Season Closed

The charge may concern hunting after March 31 or after the last day of February, depending on the applicable WMU and method.  Timestamps, GPS information, photographs, and witness evidence may help establish when the activity occurred.

Hunting in an Area With No Listed Cottontail Season

The Conservation Officer may say the activity occurred in a WMU not listed for cottontail in the applicable season table.  Maps, property boundaries, roads, GPS tracks, and officer location evidence may therefore be important.

Ordinary Hunting During a Falconry Only Period

A cottontail falconry season may be open when the ordinary hunting season is still closed or has already ended.  The equipment and method being used can determine which table applies.

What Is the Fine?

The current Ontario set fine for "Hunt during the closed season — game mammal other than big game" under subsection 25(2) is $250.  Cottontail falls within that legal category.  A set fine is the preset fine used when an offence is dealt with by ticket.

The $250 set fine is not necessarily the total amount payable.  A victim fine surcharge and applicable court costs may also be added.

The set fine is different from the maximum penalty available after conviction.  Under 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.  Those are statutory maximums and are not the automatic or usual result of an ordinary $250 closed season ticket.

Can This Charge Affect My Hunting Licence or Hunting Privileges?

A hunting licence cancellation or prohibition is not automatic simply because you have been charged.  A charge is not a conviction.  After conviction, Ontario law can permit the court to make a discretionary order affecting a licence or authorization related to the offence and the activity requiring it.  Whether such an order is made depends on the circumstances and is separate from the set fine.

What Evidence May Be Used?

Rabbit closed season cases often depend on species identification, date, location, hunting method, and evidence showing whether you were actually hunting.  Relevant evidence may include:

• The ticket, summons, offence wording, and section number;
• Conservation Officer notes, observations, photographs, video, audio, and location evidence;
• Maps, GPS tracks, property boundaries, WMU boundaries, road locations, and timestamps;
• Photographs, video, messages, phone records, trail camera images, or other electronic evidence showing the date, place, wildlife, or activity;
• Firearms, bows, falconry birds or equipment, dogs, calls, clothing, harvested wildlife, or other items connected with the activity;
• Your Outdoors Card, Licence Summary, Small Game Licence, Falconry Licence where relevant, and other hunting records; and
• Property records, photographs, damage evidence, or witness evidence if protection of property is relied upon.

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 species, date, WMU, hunting method, what you were doing, and the reliability of the evidence.  Not every defence or legal issue applies to every case.

An Open Cottontail Season Applied

The date and WMU may show that the ordinary cottontail season was open.  The applicable version of Table 9 should be compared with the exact date and location alleged by the Conservation Officer.

The Falconry Season Applied

If you were lawfully hunting with a falconry bird or non-indigenous falconry bird, Table 9.1 may provide an open season when Table 9 does not.  The hunting method, falconry records, date, and WMU should be checked together.

The Location or WMU Is Wrong

The Conservation Officer may have identified the wrong WMU or relied on an incorrect location.  GPS information, property maps, roads, photographs, and witness evidence may help establish where the activity actually occurred.

You Were Not Hunting Rabbit

You may have been travelling, scouting, photographing wildlife, checking property, retrieving equipment, or accompanying another person rather than hunting cottontail.  The prosecutor must establish conduct that falls within Ontario's legal definition of hunting.

The Species Was Misidentified

The wildlife may have been a hare or another species rather than cottontail.  Species identification matters because cottontail, European hare, and snowshoe hare have distinct regulatory treatment and are not interchangeable merely because they may be called rabbit in everyday speech.

The Protection of Property Rule Applied

The evidence may show that you reasonably believed cottontail was damaging or about to damage your property and that you acted on your land within section 31.  The actual property threat, location, purpose of the conduct, and limits of the statutory authority should be reviewed carefully.

Due Diligence or an Honest and Reasonable Mistake of Fact

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  An honest and reasonable mistake of fact means honestly and reasonably believing facts that, if true, would make the conduct innocent.  Section 101 of the Fish and Wildlife Conservation Act, 1997 recognizes these defences where their requirements are established.

A factual mistake might concern a WMU boundary, the actual date, the species, or another fact affecting whether the season was open.  Simply not knowing the season dates or misunderstanding the law is different from a reasonable mistake about a fact.

Could a Rabbit, Firearm, or Other Property Be Seized or Forfeited?

Yes, where the statutory requirements are met.  Depending on the investigation, Conservation Officers may seize a rabbit or other wildlife, firearm or bow, hunting equipment, phone, GPS device, vehicle, or other property believed to have been used in or provide evidence of an offence.

Seizure means property has been taken into official custody and does not itself establish guilt.  Forfeiture means permanent loss of ownership and is a separate legal consequence that depends on the applicable law and circumstances.

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, compare the charge with the season table in force on the alleged date, the WMU, maps and GPS information, species evidence, hunting method, officer observations, witness accounts, and any records supporting falconry or protection of property.  If the same incident produced a licence, limit, firearm, dog, trespass, or other charge, each offence should be reviewed separately.

The prosecutor may withdraw the charge, meaning the charge is no longer being pursued, or the matter may be resolved by a guilty plea or another agreement, or proceed to trial.  The appropriate response depends on the evidence, legal issues, possible consequences, and circumstances of your case.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the wording on your ticket, summons, seizure notice, or other documents and compare it with the wildlife, records, 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

• This page uses rabbit to mean cottontail, which Ontario legally classifies as a game mammal and treats as small game;
• A closed season charge depends on the species, date, location, and hunting method because ordinary hunting and falconry use different cottontail season tables;
• A valid Small Game Licence does not create an open cottontail season where none applies;
• A rabbit does not have to be shot or killed because Ontario's definition of hunting includes conduct beyond a successful harvest;
• A qualifying protection of property situation can remove the ordinary closed season rule, but only where the legal requirements are met;
• The current set fine for Hunt during the closed season — game mammal other than big game under subsection 25(2) is $250; and
• Species identification, WMU boundaries, dates, hunting method, officer observations, and electronic records may be central to the case.

Conclusion

Your Hunting Rabbit During Closed Season charge should be reviewed using the exact offence wording and section number, the species, date, location, Wildlife Management Unit, hunting method, and evidence showing what you were doing.  Cottontail seasons differ by area and by whether the hunt involved ordinary methods or falconry.

Before paying the ticket or entering a plea, review the disclosure and compare the evidence with the cottontail season table that was in force on the alleged date.  Legal representation can help determine what the prosecutor must prove and whether an open season, species issue, location issue, protection of property rule, statutory defence, or other legal issue applies.