Hunting Over the Migratory Game Bird Daily Bag Limit in Ontario:

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Last Updated: September 17 2026

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Question:I received a Hunting Over the Bag Limit ticket in Ontario, what should I do next to respond correctly?

Answer:If you received a Hunting Over the Bag Limit ticket or summons in Ontario, review the exact federal offence wording and limit details on your documents first, then confirm whether the allegation is about killing or taking more migratory game birds than the daily bag limit (Migratory Birds Regulations, 2022, subsection 43(1)) and/or hunting after the daily limit was reached (Migratory Birds Regulations, 2022, section 44).  A paralegal can help you build a focused response strategy by checking the species or group, hunting area, date, how the daily limit was determined, whether any birds found dead or wounded were attributed to you, and what evidence the officer used, while also protecting your deadlines and court obligations.  For help in Ontario, contact DefendCharges.ca™ by phone at (647) 559-3377 to discuss your ticket, next steps, and practical options to address the charge.

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Hunting Over the Migratory Game Bird Daily Bag Limit in Ontario

Received a ticket or summons for Hunting Over the Bag Limit in Ontario, the charge concerns whether you killed or took more migratory game birds than the federal daily bag limit allowed, or continued hunting a species or group of species after reaching that limit.  The exact species, number of birds, hunting area, date, and federal provision on your documents can all matter.

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

Do not panic.  A daily bag limit is the maximum number of a particular species or group of migratory game birds that a person may kill or take in one day under the applicable federal rules.  It is different from a possession limit, which regulates how many birds may be possessed rather than how many may be taken during one day.

This page explains what a Hunting Over the Bag Limit charge means, how the applicable daily limit is determined, what happens after the limit has been reached, what must be proven, the current federal ticket fine and possible consequences, evidence that may matter, possible defences and legal issues, seizure and forfeiture, and what may happen next.  This offence is part of Waterfowl & Migratory Bird Charges.

I Received a Hunting Over the Bag Limit Ticket or Summons.  What Should I Do?

Read the exact offence wording and section number on your documents 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.  A federal ticket may use the wording Killing or taking migratory game birds in excess of daily bag limit or Hunting after the daily bag limit has been reached.

Check whether the charge refers to subsection 43(1) or section 44 of the Migratory Birds Regulations, 2022.  Record the species and number of birds attributed to you, the date and locations hunted, which birds you personally killed or took, whether several hunters were present, and whether the officer says you continued hunting after reaching the limit.

Keep your ticket or summons, Migratory Game Bird Hunting Permit, photographs, hunting records, GPS information, messages, videos, bird identification records, officer documents, and any information showing which hunter took which birds.  If birds or other property were seized, keep the seizure notice, inventory, receipt, and photographs.

Should I Pay the Ticket?

Paying the prescribed fine under the federal ticket procedure constitutes a guilty plea and results in a conviction being entered.  A conviction means a finding of guilt.  Before paying, confirm whether your ticket alleges that you actually killed or took birds over the daily limit, that you continued hunting after reaching the limit, or both.

The distinction matters because subsection 43(1) and section 44 address related but different conduct.  Subsection 43(1) concerns the number of birds killed or taken, while section 44 prohibits continuing to hunt the relevant species or group after the daily limit has already been reached.

If you disagree with the bird count, species identification, hunting area, applicable limit, attribution of birds to you, or whether you continued hunting, those issues should be considered before deciding how to respond.

What Is Hunting Over the Bag Limit?

Hunting Over the Bag Limit is the plain English title used on this page for two closely related federal daily bag limit offences under the Migratory Birds Regulations, 2022.

Under subsection 43(1), a person must not kill or take, in one day, more migratory game birds of a species or group of species than the daily bag limit that applies in the hunting area.  The applicable limits are established through Schedule 3 of the federal regulations and can vary by species, group of species, area, and hunting period.

Section 44 creates a separate rule once the daily limit has been reached.  A person must not continue hunting migratory game birds of the species or group covered by that limit after killing or taking the permitted number for that day.

This means the charge is not limited to a simple count of recovered birds.  One offence can concern taking an additional bird over the limit, while another can concern continuing to hunt after reaching the limit even if another bird is not successfully killed.

This page addresses federal daily bag limits rather than the separate rules governing possession limits.  Possession of too many migratory game birds is a different legal issue within Waterfowl & Migratory Bird Charges.

How Is the Daily Bag Limit Determined?

The applicable daily bag limit is determined by the species or group of species, the hunting area, and the rules in force on the date of the hunt.  Schedule 3 of the Migratory Birds Regulations, 2022 contains the ordinary Ontario limits.

Ontario is divided into federal migratory game bird hunting districts, and some rules also depend on particular provincial Wildlife Management Units.  Different bird species can therefore have different limits in different parts of Ontario or during different portions of an open season.

Some limits apply to an entire group of birds rather than to each species separately.  For example, several kinds of ducks or geese may be grouped together for a combined daily limit, while an additional restriction may apply to a particular species within that group.

That is why simply knowing the total number of birds recovered may not answer the charge.  The species identification, applicable group, geographic area, date, and any species specific restriction should be checked against the regulation that applied at the time.

Can Daily Bag Limits Change?

Yes.  Migratory game bird limits are not necessarily permanent from one hunting year to the next.  Federal season and limit rules can change, and the Minister also has authority under the Migratory Birds Regulations, 2022 to alter a daily bag limit in specified circumstances.

The correct limit is therefore the legally applicable limit on the date of the alleged offence.  An older hunting summary, screenshot, printed guide, or remembered limit from a previous season may not establish what applied during the hunt identified on your ticket.

If the officer relied on a special or altered limit rather than the ordinary Schedule 3 limit, the legal authority and effective period for that altered limit should be checked.

What If I Hunted in More Than One Area on the Same Day?

Federal law contains a specific rule for a person who hunts in more than one applicable area during the same day.  Under subsection 43(2), the daily bag limit is the highest daily bag limit among the areas in which that person hunted that day.

This can matter where the hunting moved across district or Wildlife Management Unit boundaries and the same species or group had different limits in the different areas.  GPS information, maps, property records, boat or vehicle location information, photographs, and witness evidence may help establish where the hunting actually occurred.

If the charge was calculated using the limit for only one area even though you legally hunted in more than one area that day, subsection 43(2) should be considered when reviewing the count.

What If I Found a Dead or Wounded Migratory Game Bird?

A bird that you did not personally hunt can still count toward your daily bag limit in the circumstances specified by federal law.  Under subsection 43(3), a bird found dead and taken, or found wounded and then killed and taken, counts toward the daily bag limit of the Migratory Game Bird Hunting Permit holder who accepts the bird to keep.

This rule can matter where a hunter finds a wounded duck or goose and keeps it rather than leaving it in the field.  The question may be who accepted the bird, when that occurred, and how many other birds had already been killed or taken that day.

If the officer included a found bird in your count, evidence about who found it, who accepted it, what happened to it, and which hunter ultimately kept it may be important.

What Is the Difference Between a Daily Bag Limit and a Possession Limit?

A daily bag limit controls how many migratory game birds may be killed or taken during one day.  A possession limit controls how many unpreserved birds may be possessed under the applicable federal possession rules.

A hunter can therefore comply with the daily bag limit but later face a separate possession limit issue, or comply with the possession limit but still be charged with taking too many birds on a particular day.

The wording and section number on your documents should be checked carefully.  A charge under subsection 43(1) is not the same as a charge under subsection 46(1) for possessing birds over the possession limit.

Can I Keep Hunting After I Reach the Daily Bag Limit?

No, not for the species or group of species whose applicable daily limit you have already reached.  Section 44 prohibits continuing to hunt those migratory game birds once you have killed or taken the number referred to in section 43 for that day.

This rule is separate from subsection 43(1).  A person does not have to successfully kill an additional bird before section 44 can become relevant because the prohibited conduct is continuing to hunt after the limit has already been reached.

Whether you were actually continuing to hunt can therefore become an important factual issue.  Travelling back to a vehicle, retrieving equipment, handling birds already taken, photographing wildlife, or accompanying another hunter does not automatically establish that you personally continued hunting.

What If Several Hunters Were Hunting Together?

The daily bag limit applies to the individual hunter rather than creating one combined group allowance for everyone present.  In a group hunt, the evidence should establish which birds were killed or taken by, or legally counted toward, each person.

This can become disputed where several hunters shoot at the same flock, birds are collected together, birds are placed in a shared boat or blind, or different hunters disagree about who took a particular bird.

Officer observations, statements made at the scene, photographs, videos, ammunition use, retrieval evidence, hunting records, and witness accounts may be used to attribute particular birds to particular hunters.

Are There Exceptions to the Ordinary Daily Bag Limit?

Yes, but a specific legal provision or authorization must actually apply.  An individual exercising a hunting right recognized and affirmed by section 35 of the Constitution Act, 1982 may exercise that right without being subject to the ordinary daily bag limit under section 21 of the Migratory Birds Regulations, 2022, subject to the applicable federal conservation powers.

This is not a general exemption from migratory bird limits.  Whether a constitutionally protected harvesting right applies depends on the particular right and the circumstances in which it was being exercised.

A specialized federal authorization or a valid Ministerial variation may also affect the applicable limit in particular circumstances.  Any claimed authorization should be compared with the species, person, location, purpose, and date involved in the charge.

What Law Applies?

The principal laws are the Migratory Birds Convention Act, 1994 and sections 43 and 44 of the Migratory Birds Regulations, 2022.  Subsection 43(1) prohibits killing or taking more migratory game birds in one day than the applicable daily bag limit.

Subsection 43(2) addresses hunting in more than one area during the same day, while subsection 43(3) addresses certain dead or wounded birds accepted and kept by a permit holder.  Section 44 separately prohibits hunting the relevant migratory game birds after the daily bag limit has already been reached.

Schedule 3 establishes the ordinary species, area, season, and limit rules for Ontario.  Section 19 can affect a limit where the Minister has lawfully altered it, while section 21 addresses constitutionally protected harvesting rights.

What Must Be Proven?

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.  Beyond a reasonable doubt is the high legal standard that must be met before the court can find you guilty.

Killing or Taking Birds Over the Daily Bag Limit

For a charge under subsection 43(1), the important issues will generally include whether:

• You were the person who killed or took the birds attributed to you;
• The wildlife involved was a migratory game bird of the species or group identified in the charge;
• The birds were killed or taken during the same day;
• The applicable daily bag limit for the species or group and hunting area was the limit relied upon by the prosecution;
• Any multiple area rule or other applicable legal provision was properly considered; and
• The number of birds legally counted toward you exceeded that daily bag limit.

Continuing to Hunt After Reaching the Limit

For a charge under section 44, the prosecution will generally need evidence establishing that you had already killed or taken the applicable daily limit for the species or group and then continued to engage in conduct that legally amounted to hunting those migratory game birds.

The prosecutor must prove the offence actually charged.  Finding several birds in a blind, boat, vehicle, or shared hunting area does not by itself establish which hunter took them, whether the legal daily limit was exceeded, or whether a particular person continued hunting after reaching their limit.

Can You Be Charged if No Additional Bird Was Killed?

Yes, if the charge is hunting after the daily bag limit has already been reached under section 44.  Once a person has reached the applicable daily limit, federal law prohibits that person from continuing to hunt the relevant species or group.

Federal law defines hunt broadly to include activities such as chasing, pursuing, following, lying in wait for, or attempting to capture, kill, take, injure, or harass a migratory bird.  A successful additional kill is therefore not required for a section 44 charge.

By contrast, a subsection 43(1) charge for killing or taking birds in excess of the daily bag limit requires the prosecution to establish that the number killed or taken actually exceeded the applicable limit.  The distinction between the two sections is important.

What Common Situations Lead to This Charge?

More Birds Were Taken Than the Daily Limit Allowed

The game officer may count the birds attributed to one hunter and conclude that the total exceeded the applicable limit for the species or group.  The species, legal limit, count, and attribution of individual birds should all be checked.

A Combined Species Limit Was Exceeded

The hunter may have believed each species had its own separate allowance when federal law actually imposed a combined daily limit for a group of species.  Species identification and the exact Schedule 3 grouping can therefore matter.

A Species Specific Restriction Within a Larger Bag Was Exceeded

A broader daily limit may contain a lower restriction for a particular species.  A hunter can therefore remain under the overall number of birds while still exceeding the number permitted for one species within that group.

The Hunter Continued Hunting After Reaching the Limit

The officer may say the hunter had already reached the permitted daily number but remained in the blind, continued calling birds, fired additional shots, pursued another flock, or otherwise continued hunting.  The activity after the limit was reached becomes important.

Birds Taken by Different Hunters Were Attributed to One Person

Birds may have been collected together in a blind, boat, vehicle, or field.  The dispute may concern who actually killed or took each bird rather than the total number found at the scene.

A Found Dead or Wounded Bird Was Added to the Count

A bird accepted and kept under subsection 43(3) can count toward the permit holder's daily bag limit.  The evidence may be disputed as to who accepted the bird or whether the federal rule applied.

What Is the Fine for Hunting Over the Bag Limit?

The current federal Contraventions Regulations prescribe a $250 ticket fine plus $50 for each additional bird for killing or taking migratory game birds in excess of the daily bag limit under subsection 43(1).

The current prescribed ticket fine for Hunting after the daily bag limit has been reached under section 44 is also $250 plus $50 per additional bird.  The exact offence wording, number of birds identified on the ticket, and way the prescribed amount was calculated should therefore be checked.

If the Minister has lawfully altered a daily bag limit under section 19 and the charge instead concerns exceeding that altered limit under paragraph 19(6)(b), the current federal ticket schedule also prescribes $250 plus $50 per additional bird.

A federal contraventions ticket is different from a prosecution under the full penalty provisions of the Migratory Birds Convention Act, 1994.  Subsection 43(1) and section 44 are designated regulatory provisions under the Act.

For an individual prosecuted for a first designated offence under the Act rather than through the ordinary ticket process, the statutory range on summary conviction is a fine from $5,000 to $300,000, imprisonment for up to six months, or both.  On indictment, the first offence range is a fine from $15,000 to $1,000,000, imprisonment for up to three years, or both.

Those statutory ranges are not the automatic consequence of an ordinary $250 plus additional bird ticket.  The procedure actually used in your case determines the sentencing range that applies.

A guilty finding can also affect your federal Migratory Game Bird Hunting Permit.  Sections 43 and 44 are not among the offences excluded from the current permit consequence rule.  Subject to the applicable court and Ministerial provisions, an existing permit can cease to be valid, and the person is generally prohibited from applying for another Migratory Game Bird Hunting Permit for 12 months unless the Minister first gives permission.

What Evidence May Be Used?

Bag limit cases often turn on the bird count, species identification, which hunter took each bird, the applicable limit, and whether hunting continued after that limit was reached.

Bird and Species Evidence

Recovered birds, photographs, feathers, officer identification, biological evidence, and witness evidence may be used to establish the species and number involved.  Species can matter because limits may apply to individual species, groups of species, or particular species within a larger combined limit.

Officer and Witness Evidence

Game officer observations, surveillance, notes, photographs, video, statements, and witness accounts may be used to establish who shot or retrieved particular birds and whether a hunter continued hunting after reaching the limit.

Location and Date Evidence

GPS information, maps, photographs, phone records, timestamps, property information, and officer location records may help establish the hunting area and date needed to identify the applicable limit.

Hunting and Permit Records

Migratory Game Bird Hunting Permit information, hunting records, photographs, messages, bird allocation records, and information showing which hunter possessed or claimed particular birds may be relevant.

Electronic Evidence

Phone photographs, videos, messages, GPS devices, hunting applications, and other electronic records can contain timestamps, location information, bird counts, or statements about how many birds had already been taken.

Disclosure is the evidence and information the prosecution is required to provide as required by law so that you can understand and answer the charge.  It should be compared with the correct daily bag limit and the evidence connecting each bird or later hunting activity to you.

What Possible Defences and Legal Issues May Apply?

The legal issues depend on the exact charge, species, bird count, hunting area, applicable daily bag limit, and evidence showing who took the birds or continued hunting.  No particular issue guarantees that the charge will be dismissed.

The Daily Bag Limit Was Not Exceeded

The prosecution's count may be incorrect, birds may have been attributed to the wrong hunter, or the applicable limit may be different from the limit relied upon by the officer.  The birds and governing Schedule 3 entry should be compared carefully.

The Species or Group Was Misidentified

The birds may have been classified under the wrong species or group, or the officer may have applied a species specific restriction that did not apply to the birds involved.  Reliable species evidence can therefore be important.

The Multiple Area Rule Changed the Applicable Limit

If you hunted in more than one federal hunting area during the same day, subsection 43(2) may require use of the highest applicable daily bag limit among those areas.  Location evidence may therefore affect the legal calculation.

A Bird Was Incorrectly Counted Toward You

A bird may have been taken by another hunter or may not have been a found bird that you accepted to keep within subsection 43(3).  The prosecution must establish the factual basis for including that bird in your total.

You Did Not Continue Hunting After Reaching the Limit

For a section 44 charge, the evidence may show that after reaching the limit you stopped hunting and were retrieving birds, packing equipment, travelling, assisting another person, or engaged in conduct that did not legally amount to hunting.

A Different Legal Limit or Authorization Applied

An official Ministerial variation or another lawful authorization may have changed the limit that applied to the hunt.  Any such rule must have been legally in force and applicable to the species, person, place, and date involved.

A Constitutionally Protected Harvesting Right Applied

The evidence may establish that the activity was an exercise of a hunting right recognized and affirmed by section 35 of the Constitution Act, 1982 and came within section 21 of the Migratory Birds Regulations, 2022.  Whether that provision applies depends on the particular right and circumstances.

Due Diligence

The Migratory Birds Convention Act, 1994 recognizes a due diligence defence for these offences.  Due diligence means taking all reasonable care in the circumstances to prevent the offence.

Current official limit information, reasonable species identification efforts, accurate counting practices, records showing which birds belonged to which hunter, and reasonable steps taken to stop hunting once the limit was reached may be relevant.  Whether those steps establish due diligence depends on the evidence.

Could Migratory Birds, Hunting Equipment, or Other Property Be Seized or Forfeited?

Yes, where the federal statutory requirements are met.  A game officer exercising lawful enforcement powers may seize migratory birds or another thing the officer believes on reasonable grounds was involved in a contravention or will provide evidence of one.

Depending on the investigation, this may include birds, firearms, ammunition, hunting equipment, permits, documents, electronic records, or other property connected with the charge.  Seizure means property has been taken into official custody and does not itself establish guilt.

Forfeiture means permanent loss of ownership.  Federal law permits forfeiture in specified circumstances following conviction and can also provide forfeiture consequences where the federal ticket procedure applies.

Keep every seizure notice, inventory, receipt, and other document identifying what was taken.

What Happens Next?

What happens next depends on the ticket or summons you received, the number and species of birds involved, whether property was seized, and whether additional charges arose from the same hunt.  Do not miss the response deadline or required court date while obtaining legal advice or requesting disclosure.

If you dispute the charge, compare the disclosure with the bird count, species identification, applicable daily limit, hunting locations, officer observations, witness evidence, photographs, electronic records, and evidence showing which birds were attributed to you and whether you continued hunting after reaching the limit.

The matter may resolve without a trial or may proceed to trial if the charge remains disputed.  At trial, the prosecutor must prove every required part of the particular offence beyond a reasonable doubt, while any applicable authorization, due diligence defence, or other legal issue must be considered under the federal law.

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

• The federal daily bag limit controls how many migratory game birds of a species or group may be killed or taken by one person in one day;
• Subsection 43(1) prohibits killing or taking birds over the applicable daily limit, while section 44 separately prohibits continuing to hunt after that limit has been reached;
• The applicable limit can depend on the species or group, hunting area, date, species specific restriction, and any valid federal variation;
• If a person hunts in more than one applicable area during one day, subsection 43(2) uses the highest daily bag limit among the areas hunted that day;
• A found dead or wounded bird accepted and kept by a permit holder can count toward that person's daily bag limit;
• The current federal ticket fine for subsection 43(1) and section 44 is $250 plus $50 per additional bird; and
• Bird counts, species identification, hunting locations, attribution of birds to individual hunters, and evidence of continued hunting may be central to the case.

Conclusion

A Hunting Over the Bag Limit charge should be reviewed using the exact federal section on your ticket, the species and number of birds involved, the date and hunting area, the daily limit that legally applied, and the evidence showing which birds were attributed to you.  Killing or taking more birds than permitted under subsection 43(1) is related to, but legally different from, continuing to hunt after the limit has been reached under section 44.

Before paying a ticket or deciding how to respond, preserve your hunting, bird, location, permit, and electronic records and compare the available disclosure with the applicable daily bag limit and the prosecution's bird count.  Legal representation can help determine what must be proven and whether the limit was correctly identified, birds were wrongly attributed or counted, the multiple area rule applied, you stopped hunting after reaching the limit, another authorization applied, due diligence was exercised, or another legal issue affects the charge.