Waterfowl & Migratory Bird Charges in Ontario:

Question:I got a waterfowl or migratory bird charge ticket in Ontario, what should I do first to respond correctly?

Answer:In Ontario, start by matching the exact charge wording and section number on your ticket, summons, or seizure notice to the specific federal offence (permit, closed season, bag limit, unplugged shotgun, prohibited hours, possession, or transportation) because each offence has different legal elements, evidence, and prescribed ticket fines. Preserve documents and records showing your Migratory Game Bird Hunting Permit status, Ontario hunting authority, species, date, location, bird count, firearm setup, and any transportation or labeling details, and do not delete, alter, discard, or modify seized items. If you want a paralegal-led review of how the facts on your paperwork map to the correct offence and next steps, call (647) 559-3377 or contact DefendCharges.ca™ at (647) 559-3377 to discuss your situation. 

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Waterfowl & Migratory Bird Charges in Ontario

Waterfowl & Migratory Bird Charges in Ontario covers offences involving federal hunting authority, ducks and Canada Geese, closed seasons, daily bag limits, shotgun capacity, possession, prohibited hunting hours, and transportation or shipping requirements.  A migratory game bird is a migratory bird that federal law permits to be hunted when the applicable authorization, season, limit, and other requirements are satisfied.

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

Do not panic.  Most charges in this category arise under federal migratory bird law, even though a person hunting migratory game birds in Ontario normally also needs Ontario hunting authority.  A permit charge, closed season charge, bag limit charge, shotgun charge, possession charge, prohibited hours charge, and transportation charge are separate offences with different legal requirements, evidence, and ticket fines.

This page helps you identify the Waterfowl & Migratory Bird Charge that most closely matches the wording on your ticket, summons, seizure notice, or other documents.  The individual offence pages explain the charge specific law, current federal ticket fine or penalty framework, evidence, possible legal issues, and next steps.

What Charges Are Included?

Select the charge below that most closely matches the wording on your ticket, summons, seizure notice, or other documents.

Hunting Without a Migratory Game Bird Permit

This charge concerns whether you hunted a migratory game bird without federal authorization under the Migratory Birds Regulations, 2022.  For ordinary recreational hunting, the relevant federal authorization is a valid Migratory Game Bird Hunting Permit, and having no valid authorization is different from having an existing permit but failing to carry or show it.

Hunting Ducks Without a Federal Permit

This is the duck specific recognition page for the federal unauthorized hunting issue.  It concerns whether you hunted ducks without a valid Migratory Game Bird Hunting Permit or another federal authorization that lawfully covered the activity.

Hunting Canada Geese Without a Permit

This is the Canada Goose specific recognition page for the federal unauthorized hunting issue.  There is no separate ordinary recreational Canada Goose permit; the relevant federal hunting document is the Migratory Game Bird Hunting Permit.

Hunting Waterfowl & Migratory Birds During Closed Season

This charge, also commonly described as hunting out of season, concerns whether you hunted a migratory game bird when no applicable federal open season covered the species, date, and hunting area involved.  Different species and areas can have different seasons, including special or restricted seasons.

Hunting Over the Bag Limit

This page covers two closely related federal offences involving the daily bag limit, meaning the maximum number of a species or group that a person may kill or take in one day.  The issue may be taking more birds than the limit allowed or continuing to hunt the relevant species or group after reaching the limit.

Hunting with an Unplugged Shotgun

This page covers federal shotgun capacity offences while hunting migratory game birds.  The issue may involve a shotgun capable of holding too many cartridges, a non-compliant capacity limiter, more than three cartridges actually in the shotgun, or a detachable magazine capable of holding more than two cartridges.

Illegal Possession of Migratory Birds

This page covers several federal possession offences.  The issue may involve an unlawfully possessed migratory bird, exceeding a possession limit, an unlabelled bird taken by another person, or an unpreserved bird that was not kept in the condition required for counting or species identification.

Hunting Migratory Birds at Night

This charge concerns hunting a migratory game bird during the federally prohibited hours.  In Ontario, the ordinary federal hunting window generally begins one half hour before sunrise and ends one half hour after sunset, so the exact time, date, location, and evidence showing whether you were hunting can matter.

Migratory Bird Transportation Offences

This page covers federal offences involving transporting, shipping, packaging, labelling, identifying, or carrying unpreserved migratory game birds.  The applicable rule can depend on who hunted the birds, whether that hunter was travelling with them, whether the birds were preserved, and how they were packaged or labelled.

I Received a Hunting 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 document requiring you to attend court or respond as directed.  Start with the exact offence wording and section number because the plain English page names above may differ from the formal wording used on a federal ticket.

Keep your ticket or summons and preserve the existing records that may show your federal permit status, Ontario hunting authority, species, date and location, bird count, firearm configuration, possession or transportation circumstances, and any seizure connected with the incident.  Do not delete, alter, discard, or modify potentially important evidence.

Paying a federal contraventions ticket as directed generally resolves the charge by a guilty plea and conviction.  Before paying, identify whether the document concerns federal authorization, a season, a daily limit, shotgun capacity, possession, prohibited hunting hours, transportation, or more than one issue.

Can One Incident Lead to Multiple Charges?

Yes.  One waterfowl or migratory bird investigation can result in several separate charges.  For example, the same hunt may involve federal permit authority together with a closed season, daily bag limit, shotgun capacity, prohibited hunting hours, possession, or transportation issue, and an Ontario licensing charge may also arise separately.

Each charge should be reviewed on its own legal requirements.  Holding the required federal permit does not answer a closed season or equipment charge, and lawfully harvesting a bird does not automatically resolve a later possession, labelling, or transportation issue.

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

Yes, for several offences in this category.  Federal migratory bird law defines hunting broadly enough to include pursuing, following, lying in wait for, or attempting to capture, kill, take, injure, or harass a migratory bird even when no bird is successfully taken.

This can matter for unauthorized hunting, closed season, prohibited hours, shotgun, and some bag limit charges.  In particular, continuing to hunt after the applicable daily bag limit has already been reached can be an offence even if no additional bird is killed.  Possession and transportation offences depend on different facts.

What Penalties Can Follow?

There is no single fine or penalty for every Waterfowl & Migratory Bird Charge.  A prescribed ticket fine is the amount listed in the federal Contraventions Regulations when a particular offence is dealt with by ticket.  The exact provision written on your documents determines the applicable amount.

Current principal ticket fines represented in this category include $250 per bird for Unauthorized hunting under subsection 27(1) and ordinary closed season hunting under subsection 28(1), $250 for the principal prohibited hours and shotgun capacity offences, and $250 plus $50 for each additional bird for killing or taking birds over the daily bag limit under subsection 43(1).  Possession and transportation offences use different prescribed amounts, including $150, $200, $250, per bird amounts, or additional amounts for birds over a legal limit depending on the provision.

A federal contraventions ticket is different from a prosecution under the full penalty provisions of the Migratory Birds Convention Act, 1994.  Some offences in this category are designated provisions that can carry substantially higher statutory penalties if prosecuted under the Act rather than through the ordinary ticket process.  A guilty finding for some offences can also affect an existing Migratory Game Bird Hunting Permit or future permit eligibility.

Could Property Be Seized?

Yes, where the federal statutory requirements for seizure are met.  A game officer is an officer authorized to enforce federal migratory bird law.  Depending on the investigation, a game officer may seize migratory birds, firearms, ammunition, hunting equipment, permits, documents, packages, labels, electronic records, or other property connected with a suspected contravention or evidence of one.

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 governed by its own requirements.  Keep every seizure notice, inventory, receipt, and other document identifying what was taken.

When Should You Get Legal Advice?

Legal advice may be especially important if:

• You received a summons or another document requiring a court appearance;
• You are facing several federal or provincial charges arising from the same hunt;
• Migratory birds, a firearm, hunting equipment, a vehicle, electronic device, records, or other property was seized;
• The charge depends on disputed federal permit records, species identification, season dates, hunting district or Wildlife Management Unit boundaries, bag limits, or hunting times;
• The charge involves disputed shotgun capacity, a magazine plug, bird possession, labels, preservation, packaging, or transportation; or
• You dispute the officer's account of what you were doing, when the activity occurred, or where it occurred.

Understanding the exact federal or provincial charge before paying a ticket or entering a plea can help identify the evidence, possible consequences, and legal issues that need to be addressed.

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

• Waterfowl & Migratory Bird Charges in Ontario are primarily governed by federal migratory bird law, while Ontario hunting authority can also be required;
• The category includes federal permit, closed season, daily bag limit, shotgun capacity, possession, prohibited hunting hours, and transportation offences;
• The duck and Canada Goose permit pages are species specific recognition pages for the broader federal unauthorized hunting issue;
• Several hunting based offences can apply even when no bird is successfully killed;
• Federal prescribed ticket fines vary by offence and can include fixed amounts, per bird amounts, or additional amounts for birds over a legal limit;
• Permit records, species, date, location, hunting time, firearm configuration, bird count, possession records, labels, and transportation evidence can be important depending on the charge; and
• One incident can result in several separate charges that should each be matched to their own legal requirements.

Conclusion

If you have already been charged with a Waterfowl or Migratory Bird offence in Ontario, start with the exact wording and section number on your ticket, summons, seizure notice, or other documents.  A federal permit charge, closed season charge, bag limit charge, shotgun charge, possession charge, prohibited hours charge, and transportation charge can involve very different legal requirements.

Compare your documents with the charge descriptions above and preserve the records and evidence connected with the incident.  Once the correct charge is identified, the individual offence page can help you understand the current ticket fine or penalty framework, possible consequences, evidence, legal issues, and options for responding.