Hunting Waterfowl & Migratory Birds During Closed Season in Ontario:

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Last Updated: September 17 2026

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Question:I got a federal ticket for hunting waterfowl or migratory birds during a closed season in Ontario; should I pay it or get a paralegal to review the open-season dates and species?

Answer:DefendCharges.ca™ helps Ontario hunters respond to “hunting out of season” tickets by reviewing the exact ticket wording (often the Migratory Birds Regulations, 2022), confirming the species, date, location, and federal hunting district against the legal open season in Schedule 3 for your hunting area, and advising whether paying is the quickest path to a conviction or whether there may be evidence, document issues, or other legal problems worth challenging.  If you want a direct intake review and next-step plan, call (647) 559-3377 to speak with a paralegal at DefendCharges.ca™.

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Hunting Waterfowl & Migratory Birds During Closed Season in Ontario

Received a ticket or summons for Hunting Waterfowl & Migratory Birds During Closed Season in Ontario, the charge concerns whether you hunted a migratory game bird when no legal open season applied to that species, date, and area.  A migratory game bird is a migratory bird that federal law permits to be hunted during an applicable open season when the other legal 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.  Many people also refer to this offence as hunting out of season.  Regardless of the wording, the allegation is the same—you are accused of hunting migratory game birds when there was no legal open season for that activity.

This page explains what a Hunting Waterfowl & Migratory Birds During Closed Season charge means, how the applicable federal open season is identified in Ontario, 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 Waterfowl & Migratory Birds During Closed Season 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 for the ordinary closed season offence may use the wording Hunting in a specified area during a closed season rather than the plain English page title used here.

Check whether the charge refers to subsection 28(1) of the Migratory Birds Regulations, 2022.  Record the species, date, exact location, federal hunting district, Wildlife Management Unit where relevant, what you were doing, and what the game officer says was being hunted.  A game officer is an officer authorized to enforce federal migratory bird law.

Keep your ticket, summons, Migratory Game Bird Hunting Permit, Ontario licence records, maps, GPS information, photographs, videos, messages, hunting records, species information, witness information, and every document provided by the officer.  If the charge depends on an unusual open season, special conservation season, particular land restriction, or another authorization, preserve the records that support those circumstances.

Should I Pay the Ticket?

Paying the prescribed fine under the federal Migratory Birds Convention Act, 1994 ticket procedure constitutes a guilty plea and results in a conviction being entered.  A conviction means a finding of guilt.  Before paying, compare the date, species, location, and applicable open season with the offence actually written on your ticket.

A closed season charge is different from hunting without a Migratory Game Bird Hunting Permit, hunting over a daily bag limit, hunting during prohibited hours, or hunting during an open season but outside land to which that particular season is restricted.  Those matters can involve different provisions and different ticket fines.

If birds or other property were seized and your federal ticket included the required written forfeiture notice, paying the prescribed fine can also result in the seized property connected with the offence being forfeited.  Review the ticket and seizure documents before deciding how to respond.

What Is Hunting Waterfowl & Migratory Birds During Closed Season?

Hunting Waterfowl & Migratory Birds During Closed Season is the plain English title used on this page for hunting a migratory game bird outside the federal open season that applies to the species and area.  The principal offence is subsection 28(1) of the Migratory Birds Regulations, 2022.

This page uses waterfowl in its ordinary hunting sense to include migratory ducks and geese.  Federal law uses the broader legal category migratory game birds, which also includes other huntable migratory bird species covered by the federal hunting regulations.  Not every migratory bird may lawfully be hunted.

An open season is the period during which the federal regulations permit hunting a particular species or group of migratory game birds in the applicable area.  Under subsection 28(1), a person must not hunt a species in an area listed in Schedule 3 except during the period beginning on the first day of an applicable open season and ending on the last day of that season.

The fact that another migratory game bird season is open does not automatically make the season open for the species involved in your charge.  Ducks, different groups of geese, woodcock, snipe, rails, coots, gallinules, doves, and other federally regulated game birds can have different geographic and seasonal rules.

The exact species, date, and location therefore matter.  Other Waterfowl & Migratory Bird Charges involve permit, bag limit, firearm, possession, night hunting, and transportation issues and should not be treated as the same offence.

How Is the Correct Open Season Determined in Ontario?

The correct season is determined by matching the species with the federal hunting area and the date of the alleged hunting.  Schedule 3 of the Migratory Birds Regulations, 2022 contains the legal open seasons for Ontario.

For migratory game bird hunting, Ontario is divided into four federal hunting districts: the Hudson-James Bay District, Northern District, Central District, and Southern District.  The federal regulations use Ontario Wildlife Management Units (WMUs), which are numbered provincial wildlife management areas, to define many of those district boundaries and some more specific hunting rules.

Different species can have different opening and closing dates within the same district.  Some seasons can also apply only in specified WMUs or on particular types of land.  The correct question is therefore not simply whether "waterfowl season" was open somewhere in Ontario, but whether an open season applied to the particular species at the particular place and time involved in your charge.

The 2026 to 2027 federal Ontario summary provides the current season information in a more readable form, but the legal analysis should still be based on the regulations and any valid federal variation that was in force on the alleged offence date.

Does a Valid Migratory Game Bird Hunting Permit Make the Season Open?

No.  A valid federal hunting permit does not create an open season.  A Migratory Game Bird Hunting Permit gives the holder federal hunting authority subject to the other requirements of the Migratory Birds Regulations, 2022.

A person can therefore hold a valid federal permit, the required conservation stamp, and the required Ontario hunting authority and still face a closed season charge if the species was hunted outside an applicable open season.

The reverse distinction is also important.  If the season was open but the required federal permit was missing, that is an authorization issue rather than the closed season offence addressed on this page.

What If There Was Another Open Season for the Species?

Every open season that legally applied to the species and area must be considered before concluding that the hunting occurred during a closed season.  Some migratory game birds can have more than one open period in a hunting year.

For example, certain goose species can have additional conservation hunting opportunities in specified areas and under specified conditions.  If an additional season was legally open on the date and at the location involved, the fact that an ordinary fall season had already ended does not by itself establish a closed season offence.

The species, exact location, applicable federal schedule, and any land restriction attached to the additional season should therefore be checked against the charge.

What If the Season Was Open Only on Certain Land?

That can be a different federal offence.  Subsection 28(2) applies where Schedule 3 provides an open season only on certain land and the person hunts during that open season somewhere other than the permitted land.

For example, a particular migratory game bird season may be limited to farmland in specified areas.  If the season itself was open but the alleged problem was that the hunting occurred on the wrong type of land, the ticket should be checked to see whether subsection 28(2), rather than subsection 28(1), is the provision actually charged.

This distinction matters because the offence wording and federal ticket fine are different.

What If the Federal Government Changed the Season?

The season in Schedule 3 is normally the starting point, but federal law allows the Minister to alter an open season or temporarily prohibit hunting in specified circumstances.  Any such variation must be considered if it was in force for the location and date of your charge.

If the Minister formally altered an open season under section 19, hunting outside that altered season can be charged under a different provision from the ordinary Schedule 3 closed season offence.  Federal law also permits urgent variations or suspensions where necessary for migratory bird conservation.

This issue is uncommon in an ordinary case, but an official federal notice can be important where the charge does not match the season dates normally shown in Schedule 3.

Are There Exceptions to the Ordinary Open Season Rule?

Yes, but a specific legal authorization must actually apply.  The ordinary recreational open season rules do not cover every lawful activity involving migratory birds.

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 federal open season restriction, subject to the applicable federal conservation powers.  Whether that provision applies depends on the particular right and circumstances.

Federal law can also authorize specified activities under damage or danger permits and other specialized permits.  A separate permit helps with a closed season charge only if it actually authorized the activity, species, place, time, and person involved.

What Law Applies?

The principal federal laws are the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, 2022.  Subsection 28(1) of the regulations provides that a person must not hunt a species of migratory game bird in an area referred to in Schedule 3 except during an applicable open season for that area and species.

Schedule 3 contains the federal Ontario open seasons, limits, and special measures.  Section 19 permits the Minister to alter open seasons or prohibit hunting in specified circumstances, while section 21 addresses hunting rights recognized and affirmed by section 35 of the Constitution Act, 1982.

If your ticket instead cites subsection 28(2), section 19, or another provision, the offence should be reviewed using that section rather than assuming that every seasonal issue is a subsection 28(1) charge.

What Must Be Proven?

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

For the ordinary closed season offence under subsection 28(1), the important issues will generally include whether:

• You were the person involved in the hunting activity;
• Your conduct legally amounted to hunting;
• The wildlife involved was a species of migratory game bird governed by the federal regulations;
• The hunting occurred in the area and on the date relied upon in the charge; and
• No applicable open season for that species and area included the time when the hunting occurred.

The prosecution must prove the offence actually charged.  Evidence that you were hunting a migratory game bird does not by itself establish that the season was closed, and evidence that one species was closed does not establish that another species was also closed.

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

Yes.  A successful harvest is not required for a federal closed season hunting charge.  Federal law defines hunt broadly.

Hunting includes chasing, pursuing, following, lying in wait for, or attempting in any manner to capture, kill, take, injure, or harass a migratory bird, whether or not the bird is actually captured, killed, taken, injured, or harassed.

A missed shot, pursuit, or other conduct that meets that definition can therefore support a closed season charge even if no bird was recovered.  Merely travelling through an area, scouting, photographing birds, retrieving equipment, or being present with another hunter does not automatically establish that you were hunting.

What Common Situations Lead to This Charge?

Hunting Before the Applicable Season Opened

The game officer may say the hunting occurred before the first day of the open season for the species and federal hunting district.  The date, location, species, and applicable Schedule 3 row should be compared.

Hunting After the Applicable Season Closed

The charge may concern hunting after the last day of the species' open season.  GPS records, photographs, messages, officer observations, permit records, and timestamps may help establish the actual date and location.

Assuming All Migratory Game Birds Had the Same Season

A hunter may have been lawfully hunting one migratory game bird while another species was closed.  The fact that ducks, geese, or another bird could lawfully be hunted in the area does not necessarily establish an open season for every migratory game bird encountered.

Using the Wrong Hunting District or WMU

The hunter and game officer may disagree about which district or Wildlife Management Unit contained the hunting location.  Maps, GPS coordinates, property boundaries, waterways, roads, and federal district descriptions can become important.

Missing an Additional or Restricted Season

The charge may depend on whether a separate open period applied to the species or whether that season was restricted to specified land or WMUs.  The complete schedule should be checked rather than relying only on the ordinary fall season dates.

What Is the Fine for Hunting Waterfowl & Migratory Birds During Closed Season?

The current federal Contraventions Regulations prescribe a $250 per bird ticket fine for Hunting in a specified area during a closed season under subsection 28(1) of the Migratory Birds Regulations, 2022.

The exact section on the ticket matters.  Hunting during an open season but outside land to which that season is restricted under subsection 28(2) currently carries a $200 ticket fine.  Where the Minister has formally altered a season under section 19, the related federal closed season ticket offence under paragraph 19(6)(a) currently carries a $250 fine.

Because the subsection 28(1) fine is expressed as $250 per bird, the species and number of birds identified in the ticket or charging documents should be checked.  Federal law does not require a successful kill before conduct can amount to hunting, so if no bird was taken, the exact offence wording and ticket calculation should be reviewed rather than assuming that a kill was required.

A federal contraventions ticket is different from a prosecution under the full penalty provisions of the Migratory Birds Convention Act, 1994.  A person convicted in a proceeding commenced by ticket is not liable to imprisonment under the federal Contraventions Act.

Subsection 28(1) is also a designated provision under the Migratory Birds Convention Act, 1994.  If an individual is prosecuted for a first offence under the Act rather than through the ordinary ticket procedure, 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.  These are statutory ranges for the full prosecution process and are not the automatic consequence of an ordinary $250 per bird ticket.

A guilty finding for the subsection 28(1) offence can also affect federal migratory game bird hunting privileges.  Subject to the applicable court and Ministerial provisions, an existing Migratory Game Bird Hunting Permit can cease to be valid, and the person is generally prohibited from applying for another permit for 12 months unless the Minister first gives permission.

What Evidence May Be Used?

Closed season cases usually turn on species, date, location, and evidence showing whether you were hunting.

Species Evidence

Recovered birds, photographs, video, feathers, officer observations, witness evidence, and biological identification may be used to establish which migratory game bird was involved.  Species matters because different birds can have different open seasons.

Date and Location Evidence

GPS records, maps, Wildlife Management Unit boundaries, federal hunting district descriptions, photographs, timestamps, phone data, property records, and officer location evidence may help establish where and when the hunting occurred.

Officer and Witness Evidence

Game officer notes, observations, photographs, video, statements, and witness accounts may be used to establish what you were doing and whether the activity met the federal definition of hunting.

Hunting and Authorization Records

Your Migratory Game Bird Hunting Permit, Ontario licence records, hunting records, and any special permit or authorization may help establish the circumstances of the hunt and whether another lawful authority applied.

Physical and Electronic Evidence

Firearms, ammunition, decoys, calls, blinds, boats, messages, photographs, hunting applications, weather or location records, and other evidence may help establish the species being pursued, the activity, and its timing.

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 season that legally applied to the species, location, and date identified in your case.

What Possible Defences and Legal Issues May Apply?

The legal issues depend on the exact offence, species, location, date, hunting activity, and the version of the federal season rules that applied.  No particular issue guarantees that the charge will be dismissed.

An Open Season Applied

The species, date, and hunting area may show that an applicable federal open season was in force.  Every applicable season for that species should be checked, including any additional or special season that may have applied.

The Species Was Misidentified

The bird may have been a different migratory game bird from the species assumed by the game officer.  This can matter where one species or group had an open season and another did not.

The Hunting Location Was Wrong

The officer may have identified the wrong federal hunting district, Wildlife Management Unit, or property location.  GPS records, maps, road or water features, property boundaries, and witness evidence may help establish the actual place.

You Were Not Hunting

You may have been scouting, photographing birds, retrieving equipment, travelling, operating a boat, or accompanying another hunter without engaging in conduct that meets the federal definition of hunting.  The actual activity and purpose shown by the evidence should be reviewed.

The Season Was Open but Restricted to Certain Land

If an open season existed but was limited to specified land, the issue may concern subsection 28(2) rather than the subsection 28(1) closed season offence.  The exact section written on the ticket and the land where the hunting occurred should be compared.

Another Federal Authorization Applied

A valid federal permit or other authorization may have covered the particular activity outside the ordinary recreational hunting rules.  The permit holder, species, purpose, location, time, and permit conditions must match what occurred.

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 this offence.  Due diligence means taking all reasonable care in the circumstances to prevent the offence.

Current official season information, records showing reasonable efforts to verify the species, area, and season, maps, official notices, and communications may be relevant to this defence.  Simply relying on memory, an outdated season, or an assumption that another bird season was open is not the same as establishing due diligence.

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

Yes, where the federal statutory requirements are met.  During an authorized inspection, a game officer may seize something the officer believes on reasonable grounds was involved in a contravention or will provide evidence of one.

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

Forfeiture means permanent loss of ownership.  Following conviction, a court may order forfeiture of seized property by means of or in relation to which the offence was committed.  Where the federal ticket procedure applies and the required forfeiture notice was given, payment of the prescribed fine can also result in seized property connected with the offence being forfeited.

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

What Happens Next?

What happens next depends on the document you received, how you respond, whether anything 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 species evidence, alleged hunting date, federal hunting district and WMU information, applicable open season, officer observations, GPS and map evidence, witness accounts, and any records supporting an additional season or other federal authorization.

The matter may resolve without a trial or may proceed to trial if the charge remains disputed.  At trial, the prosecutor must prove the required parts of the offence beyond a reasonable doubt, while any defence or authorization relied upon must be considered under the applicable 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 ordinary federal closed season offence is subsection 28(1) of the Migratory Birds Regulations, 2022;
• The correct open season depends on the migratory game bird species, location, federal hunting district or applicable WMU, date, and any special land or season rule;
• A valid Migratory Game Bird Hunting Permit does not create an open season where none applies;
• A successful kill is not required because the federal definition of hunting includes pursuit, lying in wait, and attempts;
• The current federal ticket fine for Hunting in a specified area during a closed season under subsection 28(1) is $250 per bird;
• Species identification, date, location, applicable season, officer observations, and electronic or mapping evidence may be central to the charge; and
• Possible legal issues include an applicable open season, wrong species or location, a different seasonal offence being charged, another federal authorization, a constitutionally protected harvesting right, and due diligence.

Conclusion

A Hunting Waterfowl & Migratory Birds During Closed Season charge should be reviewed using the exact offence wording and section number, the species involved, the alleged hunting date, the federal hunting district or Wildlife Management Unit, and the evidence showing what you were doing.  An open season for one migratory game bird does not necessarily create an open season for another species.

Before paying a ticket or deciding how to respond, preserve your records, obtain the available disclosure, and compare the evidence with every open season or other authorization that legally applied to the species and location on the alleged date.  Legal representation can help determine what must be proven and whether an open season, species issue, location issue, different federal provision, authorization, protected harvesting right, due diligence defence, or another legal issue affects the charge.