Illegal Possession of Migratory Birds in Ontario:

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Last Updated: September 17 2026

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Question:I received a ticket for illegal possession of migratory birds in Ontario, what should I do next to protect my case?

Answer:If you received an Illegal Possession of Migratory Birds ticket or summons in Ontario, do not panic and respond by the deadline on your document, then gather the exact offence wording and section number plus proof of lawful authority such as a Migratory Game Bird Hunting Permit, hunting records, labels, receipts, photographs, and how many birds were preserved versus unpreserved; in Ontario, possession can be unlawful because of the source of the bird, possession limits, missing identification labels, or failure to meet preservation conditions, but possession is not automatically illegal if your facts fit the federal pathways; book a case review with DefendCharges.ca™ by phone at (647) 559-3377 to discuss defence options, what evidence matters, and whether to challenge seizure or forfeiture issues as part of paralegal-led waterfowl and migratory bird charges.  DefendCharges.ca™ can help you understand the likely consequences before you decide whether to pay or respond to the summons.

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Illegal Possession of Migratory Birds in Ontario

Received a ticket or summons for Illegal Possession of Migratory Birds in Ontario, the charge concerns whether you possessed a migratory bird without lawful federal authority or contrary to a federal possession requirement.  The charge may involve an unlawfully obtained bird, too many unpreserved migratory game birds, an unlabelled bird received from another person, or a bird that was not kept in the condition required for identification.

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

Do not panic.  Possession of a migratory bird is not automatically illegal.  Federal law allows hunters and other people to possess migratory game birds in specified circumstances, but the lawful source of the bird, the number of birds, whether the bird is preserved, who originally took it, and any required label or identification can matter.

This page explains what an Illegal Possession of Migratory Birds charge means, what legally counts as possession, when possession may be lawful, how possession limits and preservation work, what must be proven, current federal ticket fines 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 an Illegal Possession of Migratory Birds 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.  Your documents may use wording such as Unlawfully possess a migratory bird, Possessing a number of migratory game birds in excess of the possession limit, Possessing a migratory game bird taken by another person without a label, or another specific federal possession offence.

Record the species and number of birds, where they were found, whether they were whole or processed, whether they were frozen or otherwise preserved, who killed or took them, and how they came into your possession.  Keep your Migratory Game Bird Hunting Permit, Ontario hunting records, labels, receipts, photographs, freezer or storage records, messages, gift information, taxidermy records, and every document provided by the game officer.  A game officer is an officer authorized to enforce federal migratory bird law.

If birds or other property were seized, keep the seizure notice, inventory, receipt, photographs, and any information showing exactly how the birds were stored or labelled when they were taken.  Do not alter disputed birds, labels, packaging, or records after learning of the charge unless you receive clear official direction or legal advice.

Should I Pay the Ticket?

Paying a federal contraventions ticket generally resolves the ticket by a guilty plea and results in a conviction.  A conviction means a finding of guilt.  Before paying, identify the exact possession offence because there is no single federal charge or fine covering every type of Illegal Possession of Migratory Birds case.

A general charge of unlawfully possessing a migratory bird under section 5 of the Migratory Birds Convention Act, 1994 is different from exceeding a possession limit under section 46 of the Migratory Birds Regulations, 2022 or possessing an unlabelled bird taken by another person under section 50.  Different facts, fines, and maximum penalties can apply.

If migratory birds or other property were seized, review the seizure and forfeiture documents as well as the ticket before deciding how to respond.  The consequences of the charge may extend beyond the amount printed on the ticket.

What Is Illegal Possession of Migratory Birds?

Illegal Possession of Migratory Birds is the plain English title used on this page for several federal offences involving possession of migratory birds contrary to Canada's migratory bird laws.  Section 5 of the Migratory Birds Convention Act, 1994 generally prohibits possession of a migratory bird or nest unless the possession is authorized by the regulations or there is another lawful excuse.

A migratory bird for the Act includes a bird covered by the Migratory Birds Convention and can include parts of the bird.  For hunters, the most common possession issues involve migratory game birds, meaning migratory birds that federal law permits to be hunted when the applicable requirements are satisfied.

The Migratory Birds Regulations, 2022 create lawful possession pathways and additional possession requirements.  A Migratory Game Bird Hunting Permit can authorize the holder to possess birds that the holder lawfully hunted under that permit.  Federal law also permits specified gifts, temporary possession, and possession under other legal authority.

Possession can nevertheless become unlawful because of the source of the bird, the number of unpreserved birds possessed, missing labels, missing species identification, or another condition that was not satisfied.  The exact section on your ticket or summons determines which issue must be proven.

This page focuses on possession rather than transporting or shipping migratory birds.  Transportation offences are addressed separately within Waterfowl & Migratory Bird Charges.

What Does Possession Mean?

Federal law uses a broader meaning of possession than simply holding a bird in your hands.  You can possess something when it is physically in your possession or when you knowingly keep it through another person or in another place for your own use or benefit or for someone else's use or benefit.

Federal law can also recognize joint possession.  If one person has custody of something with the knowledge and consent of another person, the circumstances can support possession by both people.

This can matter where migratory birds were found in a shared freezer, hunting camp, vehicle, residence, garage, storage area, or another location used by several people.  Ownership of the property where birds were found does not by itself answer who legally possessed them, but knowledge, control, access, statements, labels, records, and the surrounding circumstances may be important.

When Can a Hunter Lawfully Possess Migratory Game Birds?

A valid Migratory Game Bird Hunting Permit allows its holder to possess migratory game birds that the holder lawfully hunted under that permit, subject to the other federal requirements.

The lawful harvest matters.  A permit does not turn a bird that was unlawfully killed or otherwise unlawfully acquired into lawful possession, and possession remains subject to limits, identification requirements, and other applicable rules.

If the birds in your case came from your own hunt, preserve your federal permit, hunting date and location information, photographs, species records, and any evidence showing that the birds were lawfully taken.

Can I Lawfully Possess a Migratory Game Bird Taken by Someone Else?

Yes, in circumstances allowed by the federal regulations.  A hunter who lawfully takes a migratory game bird under a Migratory Game Bird Hunting Permit may give the bird to another person for human consumption, taxidermy, or training retriever dogs, subject to the applicable rules.

A person may also temporarily possess a migratory game bird on behalf of its owner.  However, a person who temporarily possesses a migratory game bird to perform taxidermy for profit must hold the required taxidermist permit.

Receiving a lawful gift does not eliminate the possession limit or labelling requirements.  An unpreserved bird accepted as a gift counts toward the recipient's applicable possession limit.

Does a Bird Taken by Someone Else Need a Label?

Generally, yes if the migratory game bird is not preserved and you did not personally take it.  Federal law requires an unpreserved migratory game bird taken under a Migratory Game Bird Hunting Permit to be labelled when it enters another person's possession, subject to specific exceptions.

The required label identifies the person who took the bird and includes that person's full name and contact information, the date the bird was taken, the number of the Migratory Game Bird Hunting Permit under which it was taken, and the hunter's signature.

Several birds can be labelled as a group when the federal group labelling requirements are satisfied.  If your charge concerns an unlabelled bird received from someone else, keep any label, package, messages, gift records, permit information, or other evidence showing where the bird came from.

What Is a Possession Limit?

A possession limit is the maximum number of specified migratory game birds a person may have in their possession at one time under the applicable federal rules.  Possession limits are different from daily bag limits.

The current possession limit can depend on the species or group of species and the applicable hunting area.  The legally relevant limit is the one that applied to the birds and circumstances involved in your charge.

Section 46 of the Migratory Birds Regulations, 2022 generally prohibits possessing more unpreserved migratory game birds of a species or group than the applicable possession limit.  The regulation contains a specific rule for birds hunted in one area and later possessed in another area, so the location where the birds were hunted and the location where they were found can both matter.

The possession limit should therefore be verified against the regulation and federal hunting rules that were in force when the alleged offence occurred rather than relying on a different year's hunting summary.

What Does Preserved Mean?

Preserved has a specific federal meaning and is important because an ordinary migratory game bird that has been preserved no longer counts toward the section 46 possession limit.

In general, a migratory game bird can become preserved after the required processing occurs outside the hunting area and the bird or its edible portions are then frozen, cooked, dried, canned, smoked, made into sausage, or otherwise treated in one of the ways recognized by the federal definition.  A bird mounted for taxidermy is also preserved for this purpose.

The question is not simply whether the bird was being stored or kept cold.  The physical condition of the bird, where processing occurred, and what had been done with it may matter if the prosecution says the birds were still unpreserved and therefore counted toward the possession limit.

Does a Fully Feathered Wing or Head Have to Remain Attached?

For an unpreserved migratory game bird taken under a Migratory Game Bird Hunting Permit, at least one fully feathered wing or the fully feathered head must remain attached so that the species can be identified.

The birds must also be stored in a way that allows each bird to be counted and its species to be identified.  These requirements can result in possession charges even where the total number of birds does not exceed the possession limit.

If your charge concerns a missing wing or head or the way birds were stored, photographs taken before processing, the birds themselves, officer photographs, packaging, freezer organization, and species evidence can be important.

What If I Found a Dead or Injured Migratory Bird?

Federal law allows limited temporary possession without a permit in specified circumstances.  A person may temporarily possess a migratory bird found dead for purposes such as lawful disposal or prompt delivery for analysis.

A person may also temporarily possess an injured migratory bird for prompt delivery to an authorized rehabilitator or temporarily assist an uninjured migratory bird facing an immediate threat to its life.  These rules are limited and do not create a general right to keep a found migratory bird.

If your charge arose after finding an injured or dead bird, evidence showing where and when it was found, what you intended to do with it, who you contacted, and how long it remained in your possession may be important.

What Law Applies?

The principal federal laws are the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, 2022.

Paragraph 5(a) of the Act establishes the general prohibition against possessing a migratory bird or nest without authorization under the regulations or another lawful excuse.  The Act also contains the federal definition of possession, including circumstances involving knowing custody through another person and joint possession.

For migratory game birds taken through hunting, sections 30 and 45 through 54 of the Migratory Birds Regulations, 2022 contain the principal possession rules.  These provisions address permit based possession, possession limits, temporary possession, labelling, identification, gifts, and related requirements.

The exact section written on your ticket controls the case.  A general unlawful possession charge under paragraph 5(a), an excess possession limit charge under subsection 46(1), an unlabelled bird charge under subsection 50(2), and an identification charge under section 52 are separate offences with different elements.

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.

General Unlawful Possession

For a general charge of unlawfully possessing a migratory bird under paragraph 5(a) of the Migratory Birds Convention Act, 1994, the important issues will generally include whether:

• You possessed the bird within the federal meaning of possession;
• The wildlife involved was a migratory bird covered by the Act;
• The possession occurred in the circumstances identified in the charge; and
• The possession was not authorized by the Migratory Birds Regulations, 2022 and no lawful excuse applied.

Exceeding the Possession Limit

For a charge under subsection 46(1), the prosecution will generally need evidence showing that:

• You possessed the migratory game birds;
• The birds were of the species or group identified in the charge;
• The birds had been killed or taken under a Migratory Game Bird Hunting Permit;
• The birds were not preserved for the purpose of the regulation; and
• The number possessed exceeded the applicable possession limit.

Possessing an Unlabelled Bird Taken by Another Person

For a charge under subsection 50(2), the issue will generally include whether you possessed an unpreserved migratory game bird taken by another person and whether the label required by the regulation was present or an applicable exception operated.

Identification Requirements

For a charge under section 52, the prosecution may rely on evidence showing that an unpreserved bird did not have the required fully feathered wing or head attached or was not stored in a manner allowing each bird to be counted and its species identified.

The prosecutor must prove the particular offence actually charged.  Evidence that migratory birds were found in a freezer, vehicle, camp, or residence does not by itself prove every requirement of an unlawful possession, possession limit, labelling, or identification offence.

What Common Situations Lead to These Charges?

Birds Were Found Without a Lawful Source Being Established

A game officer may find migratory birds and question whether they were lawfully hunted, lawfully received, or otherwise lawfully possessed.  Permit records, hunting dates, labels, gifts, and messages may help establish the source.

Too Many Unpreserved Birds Were in a Freezer or Storage Area

The charge may concern whether the number of birds that still counted toward the federal possession limit exceeded the limit for the species or group involved.  The condition of each bird can matter because preserved birds are treated differently.

A Hunter Gave Birds to Another Person Without Proper Labels

The recipient may have lawfully received the birds but still face a possession issue because unpreserved birds taken by someone else were not labelled as required.  The hunter's permit information and any original package or label may be central evidence.

The Birds Could Not Be Counted or Identified

The birds may have been processed or stored in a way that prevented the officer from determining the number or species, or the required fully feathered wing or head may have been removed too early.

Birds Were Found in a Shared Freezer, Camp, Vehicle, or Residence

The charge may depend on whether the birds were actually in your possession rather than another person's.  Knowledge, access, control, labels, statements, hunting records, and where individual birds were stored may be important.

What Is the Fine for Illegal Possession of Migratory Birds?

There is no single federal ticket fine for every offence that can be described as Illegal Possession of Migratory Birds.  The exact offence and section number determine the fine.

Current federal Contraventions Regulations include the following principal possession fines relevant to this page:

• Unlawfully possess a migratory bird, Migratory Birds Convention Act, 1994 paragraph 5(a): $200 plus $50 for each additional bird;
• Possessing migratory game birds in excess of the possession limit, Migratory Birds Regulations, 2022 subsection 46(1): $250 plus $50 for each additional bird;
• Possessing a migratory game bird taken by another person without a label, subsection 50(2): $250;
• Possessing an unpreserved migratory game bird without a fully feathered wing or head attached, subsection 52(1): $150; and
• Failing to store migratory game birds so they can be counted and their species identified, subsection 52(2): $250 per bird.

A federal ticket proceeding is different from prosecution under the full penalty provisions of the Migratory Birds Convention Act, 1994.  The amount printed on a ticket should therefore not be confused with the statutory sentencing range that can apply if the charge proceeds under the Act rather than through the ordinary contraventions process.

A general unlawful possession offence under section 5 of the Act is subject to the Act's higher offence provisions.  For an individual convicted of a first offence on summary conviction, the statutory range is a fine from $5,000 to $300,000, imprisonment for up to six months, or both.  If prosecuted by indictment, the first offence range is a fine from $15,000 to $1,000,000, imprisonment for up to three years, or both.

Many ordinary regulatory possession offences that are not designated for the higher penalty regime are subject to the separate general penalty provision.  For an individual committing a first such offence, the maximum is $25,000 on summary conviction or $100,000 on indictment.  The precise section charged determines which penalty provision applies.

A conviction can also affect your Migratory Game Bird Hunting Permit.  Subject to the federal court and Ministerial provisions and the specific exceptions in the regulations, a guilty finding for many offences covered on this page can cause an existing permit to cease to be valid and can prevent the person from applying for another Migratory Game Bird Hunting Permit for 12 months unless the Minister first gives permission.

What Evidence May Be Used?

Illegal possession cases often depend on the birds themselves, where they were found, their condition, the number and species involved, and records showing their lawful source.

Bird and Species Evidence

The birds, carcasses, attached wings or heads, feathers, photographs, biological evidence, and officer identification may be used to establish the species and number involved.

Permit and Hunting Records

Migratory Game Bird Hunting Permits, Ontario hunting records, hunting dates, locations, photographs, and harvest information may help establish who lawfully took the birds.

Labels, Gifts, and Source Records

Labels, packages, messages, receipts, taxidermy records, gift information, and the permit number of the hunter who took the bird may help establish how the birds entered your possession.

Storage and Preservation Evidence

Freezer contents, packaging, photographs, processing records, storage dates, witness evidence, and the physical condition of the birds may be relevant to whether birds were preserved and whether they could be counted and identified.

Possession Evidence

Officer observations, statements, keys, access to a freezer or storage area, labels bearing names, hunting equipment, messages, and evidence showing who controlled the location may be used where legal possession is disputed.

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 exact possession offence and the legal authority relied upon for each bird.

What Possible Defences and Legal Issues May Apply?

The legal issues depend on the exact offence, the birds involved, how they were acquired, their condition, the applicable possession limit, and the evidence connecting you to them.  No particular issue guarantees that the charge will be dismissed.

The Birds Were Lawfully Possessed Under Your Hunting Permit

Your Migratory Game Bird Hunting Permit and hunting records may establish that you lawfully hunted the birds and had federal authority to possess them.  Other possession requirements must still be considered where they form part of the charge.

The Birds Were Lawfully Received From Another Person

The evidence may show that the birds were lawfully given to you for human consumption, taxidermy, or retriever training and that the applicable possession limit and labelling requirements were satisfied.

The Birds Were Properly Labelled

A label or group label may contain the information required by section 50.  The original packaging, hunter information, permit number, date, and signature should be preserved where an unlabelled bird offence is disputed.

The Possession Limit Was Not Exceeded

The number or species may have been counted incorrectly, a different applicable area limit may have applied, or some birds may already have been preserved and therefore no longer counted toward the ordinary possession limit.

The Birds Were Preserved

The physical condition and processing history may establish that particular birds met the federal definition of preserved before the time relied upon in the charge.  That can be important in a possession limit case.

You Did Not Possess the Birds

The birds may have belonged to another hunter and been found in a shared residence, freezer, camp, vehicle, or storage area without sufficient evidence that you knowingly possessed or controlled them.  The federal definition of possession and the evidence of knowledge and control should be reviewed carefully.

Temporary Possession Was Authorized

The circumstances may fall within a federal rule allowing temporary possession on behalf of an owner or temporary possession of a found, injured, or threatened migratory bird for a permitted purpose.  The reason for possession and how long it continued may be important.

Another Federal Authorization Applied

A specialized federal permit or other legal authority may have authorized the particular possession.  The permit holder, bird, purpose, location, time, and conditions should be compared with the charge.

A Constitutionally Protected Harvesting Right Applied

The evidence may establish that possession arose from the exercise of a hunting or harvesting right recognized and affirmed by section 35 of the Constitution Act, 1982.  Federal law contains specific rules concerning such harvesting and possession, and whether they apply 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.

Permit records, labels, reasonable counting and identification practices, records of who supplied the birds, processing records, or other steps taken to comply with the federal possession rules may be relevant.  Whether the defence is available depends on what offence was charged and the evidence.

Could Migratory Birds 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 is connected with a contravention or will provide evidence of one.

Depending on the investigation, seized property may include birds, wildlife parts, labels, packages, documents, permits, hunting equipment, electronic records, or other property connected with the possession 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 contain 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 exact possession offence, the ticket or summons you received, whether birds or other property were seized, and whether additional charges arose from the same incident.  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 and number of birds, your permit and hunting records, possession limits, preservation status, labels, source of the birds, storage evidence, officer observations, witness information, and evidence showing who actually possessed or controlled the birds.

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 lawful authorization or defence 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

• Illegal Possession of Migratory Birds can involve unlawful possession generally, exceeding a possession limit, possessing an unlabelled bird taken by another person, or failing to keep an unpreserved bird identifiable;
• Federal possession can include personal possession, knowing possession through another person, possession in another location for a person's benefit, and joint possession in appropriate circumstances;
• A Migratory Game Bird Hunting Permit allows a hunter to possess birds lawfully hunted under the permit, subject to the other federal possession rules;
• Unpreserved migratory game birds are subject to possession limits, while an ordinary migratory game bird that becomes preserved no longer counts toward the section 46 possession limit;
• An unpreserved bird taken by someone else generally needs the required federal label, and an unpreserved bird taken under a hunting permit must retain a fully feathered wing or head for species identification;
• There is no single Illegal Possession of Migratory Birds ticket fine, and the current principal fines range from $150 to $250 plus additional per bird amounts depending on the offence; and
• The source of the birds, species, number, preservation status, labels, permit records, storage evidence, and whether you legally possessed the birds may be central to the case.

Conclusion

An Illegal Possession of Migratory Birds charge should be reviewed using the exact offence wording and section number, the species and number of birds, how they were acquired, whether they were preserved, what labels or identification remained attached, and the evidence connecting you to their possession.  A general unlawful possession charge, excess possession limit charge, unlabelled bird charge, and identification offence require different proof.

Before paying a ticket or deciding how to respond, preserve your permit, label, hunting, gift, processing, and storage records and compare the available disclosure with the federal possession rule actually charged.  Legal representation can help determine what must be proven and whether lawful permit possession, a gift, proper labelling, preservation, a disputed count, lack of possession, temporary possession, another authorization, a protected harvesting right, due diligence, or another legal issue affects the charge.