Hunting Without a Migratory Game Bird Permit in Ontario:

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Last Updated: September 17 2026

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Question:I got a ticket for hunting without a migratory game bird permit in Ontario, what should I do next?

Answer:If you were ticketed or summoned for hunting without a migratory game bird permit in Ontario, DefendCharges.ca™ can help you understand the exact federal charge wording (often tied to Migratory Birds Regulations, 2022), gather permit, stamp, and licence records, and plan whether to contest or resolve the matter before deadlines.  Being charged does not automatically mean conviction, and the right response depends on whether the issue is truly unauthorized federal permit authority, a separate habitat conservation stamp problem, or a failure to carry or show a valid permit.  Call (647) 559-3377 to discuss the specifics of your ticket or summons and next steps.

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Hunting Without a Migratory Game Bird Permit in Ontario

Received a ticket or summons for Hunting Without a Migratory Game Bird Permit in Ontario, the charge concerns whether you hunted a migratory game bird without the federal authorization required by Canada's Migratory Birds Regulations, 2022.  A migratory game bird is a migratory bird that federal law allows to be hunted when the applicable permit, season, 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.  Being charged does not automatically mean you will be convicted.  Hunting without federal permit authority is different from having a valid permit but failing to carry or show it, and it is also different from hunting under a permit without the required habitat conservation stamp.

This page explains what a Hunting Without a Migratory Game Bird Permit charge means, how the federal permit differs from the habitat conservation stamp and Ontario Small Game Licence, what must be proven, the current federal ticket fine and possible consequences, evidence that may matter, possible defences and legal issues, seizure, and what may happen next.

I Received a Hunting Without a Migratory Game Bird Permit 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.  Your ticket may use the federal short form wording Unauthorized hunting rather than the plain English page title used here.

Start by checking whether the charge refers to subsection 27(1) of the Migratory Birds Regulations, 2022.  Keep your Migratory Game Bird Hunting Permit, electronic or paper permit records, purchase confirmation, Canadian Wildlife Habitat Conservation Stamp information, Ontario Small Game Licence records, hunting dates, photographs, messages, GPS information, and every document provided by the officer.

The timing of the permit can matter.  If you purchased a permit before the hunt, preserve the confirmation and transaction record showing when it became available to you.  If a permit was purchased only after the activity described in the charge, the later purchase does not establish that permit authority existed when the earlier hunting occurred.

Should I Pay the Ticket?

Paying the ticket will generally resolve the charge by admitting the contravention rather than requiring the government to prove it at a contested hearing.  Before paying, confirm that the charge actually concerns unauthorized hunting under subsection 27(1) rather than a different permit or stamp offence.

This distinction matters because federal law separately regulates hunting without authorization, hunting under a permit without the required habitat conservation stamp, failing to have an existing permit on your person, and failing to show a permit to a game officer.  Those offences have different provisions and federal ticket fines.

If you believe a valid permit existed, the activity did not legally amount to hunting, the bird was not a migratory game bird, or a specific legal authorization applied, those issues should be considered before deciding how to respond.

What Is Hunting Without a Migratory Game Bird Permit?

Hunting Without a Migratory Game Bird Permit is the plain English title used on this page for unauthorized migratory game bird hunting under subsection 27(1) of the Migratory Birds Regulations, 2022.  That provision prohibits a person from hunting migratory game birds unless the person is authorized by the federal regulations.

The ordinary federal authorization for recreational hunting is a valid Migratory Game Bird Hunting Permit, commonly called an MGBH Permit.  The permit allows its holder to hunt migratory game birds as authorized by the regulations and to possess birds hunted under the permit.

Examples of migratory game birds hunted in Ontario include ducks, geese, American woodcock, common snipe, and other species for which the federal regulations establish hunting opportunities.  Not every migratory bird is a migratory game bird, and a permit does not authorize hunting a protected species for which recreational hunting is prohibited.

A valid permit also does not authorize hunting at any place, time, or in any manner the hunter chooses.  Separate federal rules govern open seasons, hunting hours, bag limits, firearms and ammunition, bait, possession, transportation, and other hunting conduct.

This page is limited to the federal permit authority issue.  If your documents identify another offence, such as failure to carry an existing permit or hunting without the required habitat conservation stamp, the legal requirements for that charge should be considered separately.

Do I Need Both a Federal Permit and an Ontario Small Game Licence?

For ordinary recreational migratory game bird hunting in Ontario, both federal and provincial authority are required.  Ontario's current hunting guidance states that a hunter must have a federal Migratory Game Bird Hunting Permit, the required habitat conservation stamp, and an Ontario Small Game Licence to hunt migratory game birds.

The federal permit and Ontario Small Game Licence serve different legal purposes.  An Ontario Small Game Licence does not replace the federal Migratory Game Bird Hunting Permit, and the federal permit does not replace the provincial licence required by Ontario.

This means one hunt can potentially involve separate federal and provincial licensing issues.  If your charge is specifically for unauthorized federal migratory game bird hunting, the federal permit evidence should be reviewed separately from any Ontario Small Game Licence issue.

What Is the Canadian Wildlife Habitat Conservation Stamp?

The Canadian Wildlife Habitat Conservation Stamp is a separate federal requirement connected with the Migratory Game Bird Hunting Permit.  The Migratory Birds Regulations, 2022 prohibit hunting migratory game birds under an MGBH Permit unless an authorized habitat conservation stamp appears on the permit.

A person can therefore hold an MGBH Permit and still face a separate charge if the required stamp was not associated with the permit.  The current federal ticket schedule treats hunting without authorization under subsection 27(1) and hunting under a permit without the stamp under subsection 31(1) as different offences.

What If I Had a Permit but Did Not Have It With Me?

Having a valid permit but failing to have it on your person is not the same offence as hunting without federal authorization.  The Migratory Birds Regulations, 2022 separately require a permit holder to have the permit on their person while hunting and to show it to a game officer immediately on request.

For the 2026 to 2027 federal hunting year, an electronic MGBH Permit can be presented as an electronic PDF or printed copy, while physical paper permits also remain available.  If you had a valid permit but the issue was whether you carried or displayed it, the exact section on your ticket should be checked carefully.

Permit records can therefore be important even where you could not produce the document during the encounter.  Evidence that a permit had already been validly issued before the hunt may distinguish a carriage or production issue from an allegation that no hunting authorization existed.

Can an Expired Permit Be Used?

No.  A Migratory Game Bird Hunting Permit must be valid when the hunting occurs.  Under the current federal regulation, an MGBH Permit expires on June 30 following the date it was issued.

A permit from an earlier hunting year does not provide continuing authority after it expires.  If the charge concerns an expired permit, the permit issue date, expiry date, date of the hunt, and any later permit purchase should be compared with the officer's evidence.

Do Minors Need a Migratory Game Bird Hunting Permit?

Yes.  Federal law does not create a general permit exemption merely because the hunter is a minor.  A minor may obtain the Migratory Game Bird Hunting Permit and habitat conservation stamp without paying the applicable federal fees, but separate accompaniment requirements apply when the minor hunts.

A minor who holds the permit must be accompanied by a qualifying adult who holds an MGBH Permit, has held such a permit in a previous year, and is not a minor.  A youth permit issue should therefore be distinguished from a separate charge concerning the required accompanying person.

Are There Situations Where a Migratory Game Bird Hunting Permit Is Not Required?

Yes, but the applicable authorization must actually cover the person's activity.  One important federal provision concerns an individual exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 to hunt migratory birds.  The Migratory Birds Regulations, 2022 provide that such a right may be exercised without a permit and without the ordinary open season, daily bag limit, or possession limit restrictions.

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

Other federal permits can authorize specific migratory bird activities for purposes other than ordinary recreational hunting.  The fact that another permit existed is relevant only if it actually authorized the activity described in the charge.

What Law Applies?

The principal federal laws are the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, 2022.  Subsection 27(1) of the regulations provides that a person must not hunt migratory game birds unless authorized by the regulations.

The ordinary recreational authorization is the Migratory Game Bird Hunting Permit governed by the federal regulations.  The regulations also separately govern the habitat conservation stamp, minor hunters, permit expiry, carrying and showing the permit, and the consequences that can follow a guilty finding.

Subsection 27(1) is designated for enforcement under the Migratory Birds Convention Act, 1994.  That is why the offence can be dealt with through the federal contraventions ticket system or, depending on how the matter is prosecuted, under the offence and penalty provisions of the Act.

What Must Be Proven?

The prosecutor must prove the required parts 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 required before the court can find you guilty.

For a charge of Unauthorized hunting under subsection 27(1), where the issue is the absence of a Migratory Game Bird Hunting Permit, the central issues will generally include whether:

• You were the person involved in the hunting activity;
• Your conduct legally amounted to hunting;
• The bird involved was a migratory game bird governed by the federal regulations;
• The conduct occurred on the date and at the place identified in the charge; and
• You were not authorized under the Migratory Birds Regulations, 2022 to engage in that hunting activity.

The particular evidence required depends on the wording of the charge and the circumstances.  If you rely on an existing permit, constitutionally protected harvesting right, or another form of authorization, records supporting that position may become important.

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

Yes.  A successful harvest is not required for conduct to fall within the federal definition of hunting.  The Migratory Birds Regulations, 2022 define hunt broadly to include pursuing, following, lying in wait for, or attempting to capture, kill, take, injure, or harass a migratory bird, whether or not the bird is actually captured, killed, taken, injured, or harassed.

This means a no permit charge can arise from hunting activity even where no bird was recovered.  The prosecutor must still prove that your actual conduct met the federal definition and that it related to a migratory game bird.

Simply being outdoors with hunting equipment or being present with another hunter does not automatically establish every part of the offence.  What you were doing, where you were positioned, your equipment, communications, observations, and other surrounding evidence can matter.

What Common Situations Lead to This Charge?

No Federal Permit Was Obtained Before Hunting

The permit records may show that the person hunted migratory game birds without obtaining an MGBH Permit for the applicable hunting year.  A permit purchased after the hunting activity does not itself establish authorization for the earlier hunt.

The Hunter Used an Expired Permit

The person may have had a permit from an earlier hunting year but did not obtain a current permit before hunting.  The issue and expiry dates can usually be checked against federal permit records and the date of the activity.

The Hunter Had Only an Ontario Small Game Licence

A person may mistakenly believe the Ontario Small Game Licence is enough to hunt ducks, geese, or another migratory game bird.  For ordinary recreational hunting in Ontario, the separate federal Migratory Game Bird Hunting Permit is also required.

A Valid Permit Existed but Was Not Carried or Shown

The officer may initially question whether a permit existed because it was not produced during the encounter.  If federal records show that a valid permit had already been issued, the legal issue may concern the separate carriage or production provisions rather than unauthorized hunting.

A Minor Hunted Without Obtaining the Free Permit

A minor may obtain the federal permit and habitat conservation stamp without the usual fees, but the absence of a fee does not eliminate the permit requirement.  The person's age and permit records should be checked against the youth provisions in force at the time.

What Is the Fine for Hunting Without a Migratory Game Bird Permit?

The current federal Contraventions Regulations prescribe a $250 per bird ticket fine for Unauthorized hunting under subsection 27(1) of the Migratory Birds Regulations, 2022.  This is the federal ticket fine for the offence that most directly corresponds to Hunting Without a Migratory Game Bird Permit.

Do not confuse that amount with the fines for related but different federal permit offences:

• Hunting under a permit without a conservation stamp: $150;
• Failure to have the hunting permit on one's person: $250; and
• Failure to show the hunting permit to a game officer: $250.

The exact provision on the ticket determines which federal fine applies.  Where the unauthorized hunting ticket is stated on a per bird basis, the number of birds identified in the charge should also be checked.

The federal ticket fine is different from the statutory penalty range available if a designated offence is prosecuted under the Migratory Birds Convention Act, 1994 rather than dealt with as an ordinary contravention ticket.  For an individual committing a first designated offence, the Act provides on summary conviction for a fine from $5,000 to $300,000, imprisonment for up to six months, or both.  On indictment, the first offence range is $15,000 to $1,000,000, imprisonment for up to three years, or both.  Higher ranges apply to second or subsequent offences.

A guilty finding can also affect federal hunting permit privileges.  Under the current regulations, a guilty finding for unauthorized hunting can cause an MGBH Permit held by the person to cease to be valid, subject to the court and Ministerial provisions in the regulations.  The person is also generally prohibited from applying for another MGBH Permit for 12 months after the guilty finding unless the Minister first gives permission.

What Evidence May Be Used?

These cases often turn on permit records and evidence showing whether you were actually hunting a migratory game bird.  Relevant evidence may include:

• Your federal MGBH Permit record, purchase confirmation, issue date, expiry date, and electronic or paper permit;
• Your Canadian Wildlife Habitat Conservation Stamp information and Ontario Small Game Licence records;
• Officer observations, notes, photographs, video, statements, and enforcement records;
• Birds, feathers, hunting equipment, firearms, ammunition, decoys, calls, blinds, or other physical evidence connected with the activity;
• GPS information, photographs, messages, timestamps, permit transaction records, and other electronic evidence; and
• Witness evidence concerning what you were doing, the birds involved, and when and where the activity occurred.

Disclosure is the information and evidence the prosecution is required to provide in accordance with the applicable law so that you can understand and answer the charge.  The disclosure should be compared with the federal permit records and the exact subsection written on your ticket or summons.

What Possible Defences and Legal Issues May Apply?

The legal issues depend on the exact charge, your permit history, the activity observed, the bird involved, and the available evidence.  No particular defence guarantees that the charge will be dismissed.

A Valid Federal Permit Existed

Federal permit records may show that an MGBH Permit had already been validly issued and had not expired when the hunting occurred.  The issue date, permit holder's name, and hunting date should be compared directly.

The Issue Was Carrying or Showing the Permit

If a valid permit existed but could not be produced during the encounter, subsection 27(1) may not accurately describe the permit problem.  Sections 34(1) and 34(2) separately address having the permit on your person and showing it to a game officer.

Your Conduct Did Not Legally Amount to Hunting

The evidence may show that you were scouting, retrieving equipment, photographing birds, travelling through the area, accompanying another person, or engaged in another activity that did not meet the federal definition of hunting.  The court must consider the actual conduct rather than simply the fact that you were present in a hunting area.

The Bird Was Not a Migratory Game Bird

The prosecution must connect the charge to wildlife governed by the provision.  Species identification, photographs, officer observations, biological evidence, or witness evidence may become important where the bird category is disputed.

A Constitutionally Protected Harvesting Right Applied

The evidence may establish that the activity was an exercise of a right recognized and affirmed by section 35 of the Constitution Act, 1982 and fell within section 21 of the Migratory Birds Regulations, 2022.  The actual right and circumstances must support that authorization.

Due Diligence

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

Whether due diligence can be established depends on the evidence.  Permit purchase records, confirmation messages, efforts to verify permit status, technical records, and the circumstances surrounding any permit problem may be relevant.

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

Yes, where the federal statutory requirements are met.  The Migratory Birds Convention Act, 1994 gives game officers inspection and seizure powers, including authority in specified circumstances to seize a thing they reasonably believe is connected with a contravention or will provide evidence of one.

Depending on the investigation, this may include migratory birds, hunting equipment, permit records, documents, 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 and is different from temporary seizure.  The federal Act contains rules governing the custody and possible forfeiture of seized property, so keep every seizure notice, receipt, inventory, and document identifying what was taken.

What Happens Next?

Your ticket, summons, or other court document should identify the next procedural step and any deadline or court date.  Do not miss that deadline while obtaining legal advice, requesting disclosure, or deciding how to respond.

If you dispute the charge, compare the disclosure with your MGBH Permit records, purchase timestamps, habitat conservation stamp information, Ontario Small Game Licence, date and location evidence, species evidence, officer observations, witness accounts, and any records supporting another form of federal authorization.

The matter may be resolved without a contested hearing or may proceed to court if the charge remains disputed.  If it proceeds to trial, the prosecutor must prove the required parts of the charge beyond a reasonable doubt, while a defence such as due diligence must be established in accordance with the applicable 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

• For ordinary recreational migratory game bird hunting in Ontario, a federal Migratory Game Bird Hunting Permit is required in addition to the applicable habitat conservation stamp and Ontario Small Game Licence;
• The federal short form offence for subsection 27(1) is Unauthorized hunting, with a current ticket fine of $250 per bird;
• Hunting without authorization is different from having a valid permit but failing to carry or show it, and those offences have separate federal ticket fines;
• A permit from an earlier hunting year does not provide authority after it expires, and minors still require an MGBH Permit even though the federal permit and stamp are available to them without the usual fees;
• A bird does not have to be killed because the federal definition of hunting includes pursuit, lying in wait, and attempts;
• Federal permit records, transaction timestamps, officer observations, species evidence, and evidence showing what you were doing may be central to the case; and
• Possible legal issues can include an existing valid permit, the wrong permit offence being charged, whether the activity legally amounted to hunting, constitutionally protected harvesting rights, and due diligence.

Conclusion

A Hunting Without a Migratory Game Bird Permit charge should be reviewed using the exact offence wording and section number, your federal permit history, the date of the activity, the species involved, and the evidence showing whether you were hunting.  A true no authorization charge under subsection 27(1) is legally different from failing to carry or show an existing permit or hunting without the required habitat conservation stamp.

Before paying a ticket or deciding how to respond, preserve your permit and licence records, obtain the available disclosure, and compare the evidence with the federal requirements that applied when the hunting occurred.  Legal representation can help determine what must be proven and whether a valid permit, different permit offence, hunting issue, protected harvesting right, due diligence defence, or another legal issue affects the charge.