Migratory Bird Transportation Offences in Ontario:

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Last Updated: September 17 2026

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Question:I need help responding to a Migratory Bird Transportation ticket in Ontario. What should I do before the court deadline?

Answer:If you received a Migratory Bird transportation ticket or summons in Ontario, don’t panic and do not pay until you confirm the exact offence wording and section number on your documents, because the requirements differ for transported vs shipped birds, preserved vs unpreserved birds, and whether the private conveyance exception applies. Keep every item that could show compliance, including the Migratory Game Bird Hunting Permit on your person (if required), the birds’ condition (including photos of wing/head attachment), packaging and any labels, counts and species info, receipts and processing records, GPS/vehicle info, and any seizure notice and inventory if property was seized. Paying the prescribed fine under the federal ticket process generally means a guilty plea and a conviction is entered, so DefendCharges.ca™ can review your specific charge and evidence, explain risks like potential forfeiture, and help you decide next steps before your deadline. Call (647) 559-3377 for Ontario paralegal guidance on migratory bird transportation issues under Migratory Birds Regulations, 2022.

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Migratory Bird Transportation Offences in Ontario

Received a ticket or summons for a Migratory Bird Transportation Offence in Ontario, the charge concerns whether migratory game birds were transported, shipped, packaged, labelled, identified, or accompanied by the required permit in accordance with federal law.  The exact offence matters because transporting your own legally hunted birds home in a private vehicle is different from shipping birds, transporting birds taken by another person, or transporting unpreserved birds that cannot be properly identified.

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

Do not panic.  Transporting legally hunted migratory game birds is not automatically illegal.  Federal law permits lawful transportation but imposes specific requirements in some circumstances, including rules about a fully feathered wing or head, identifying and counting birds, labels, shipping packages, and carrying your Migratory Game Bird Hunting Permit.

This page explains what Migratory Bird Transportation Offences mean, which federal transportation and shipping rules may apply, the private conveyance exception, 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 a Migratory Bird Transportation 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.  There is no single federal offence formally called Migratory Bird Transportation Offences, so the section number is especially important.

Your documents may use wording such as Possessing or transporting a migratory game bird without a fully feathered wing or head attached, Failure to store migratory game birds in the specified manner, Possessing, for the purpose of shipping, a migratory bird with non-compliant packaging, Allowing a migratory game bird that is not labelled or preserved to enter the possession of another person, or Failure to have the hunting permit on one's person.

Keep the birds, packaging, labels, Migratory Game Bird Hunting Permit, photographs, shipping records, receipts, messages, freezer or processing records, GPS information, vehicle information, and every document provided by the game officer.  A game officer is an officer authorized to enforce federal migratory bird law.  If the birds or other property were seized, keep the seizure notice, inventory, and receipt.

Should I Pay the Ticket?

Under the federal ticket procedure, paying the prescribed fine constitutes a guilty plea and a conviction is entered.  A conviction means a finding of guilt.  Before paying, identify exactly which transportation, shipping, labelling, identification, or permit provision appears on your documents.

The distinction matters because the current ticket fine is not the same for every offence.  For example, transporting an unpreserved migratory game bird without the required fully feathered wing or head currently carries a different ticket fine from storing transported birds so they cannot be counted or identified.

If property was seized and the ticket procedure included the required forfeiture notice, paying the prescribed fine can also result in property seized in relation to the offence being forfeited under federal law.  Review the ticket and seizure documents before deciding how to respond.

What Are Migratory Bird Transportation Offences?

Migratory Bird Transportation Offences is the plain English title used on this page for several federal offences that can arise after migratory game birds have been hunted and are being carried, transported, transferred, or shipped.  The principal rules are found in the Migratory Birds Regulations, 2022.

For most Ontario hunters, the important distinction is between personally transporting legally hunted birds in a private means of transportation and placing birds into another person's possession or sending them as a shipment.  Federal law provides an important private conveyance exception, but that exception does not remove every transportation requirement.

An unpreserved migratory game bird is a bird that has not yet met the federal definition of preserved.  In general, a bird becomes preserved after the processing required by the regulations and freezing, cooking, drying, canning, smoking, making it into sausage, or after mounting for taxidermy.  Merely putting a bird on ice or carrying it in a cooler does not by itself make it preserved.

Transportation rules can therefore depend on who hunted the bird, whether the hunter is travelling with it, whether the bird has been preserved, whether another person has possession of it, how it is packaged, and whether its species and number can still be identified.

This page addresses transportation and shipping requirements rather than teaching the separate possession limit rules in detail.  Other possession, hunting, permit, bag limit, and equipment charges are separate issues within Waterfowl & Migratory Bird Charges.

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

Yes, when section 52 applies to an unpreserved migratory game bird taken under a Migratory Game Bird Hunting Permit.  Federal law prohibits possessing or transporting that bird unless at least one fully feathered wing or the fully feathered head remains attached so the species can be identified.

This requirement can matter when hunters field dress or process ducks, geese, or other migratory game birds before travelling home.  Removing both the identifying wing and head before the bird has reached the stage where the federal requirement no longer applies can result in a charge even if the bird was lawfully hunted.

If this is the charge on your ticket, preserve photographs, the birds, processing records, officer photographs, witness information, and evidence showing the condition of each bird when it was transported.

How Must Migratory Game Birds Be Stored While Being Transported?

Unpreserved migratory game birds covered by section 52 must be stored so that each bird can be counted and its species identified.

The issue is not simply whether the birds were inside a cooler, bag, freezer, or vehicle.  The way they were packed must still allow the required count and species identification.

If several hunters' birds were mixed together, heavily processed, packed in opaque bags, or otherwise stored in a way the game officer says prevented counting or identification, photographs of the original storage arrangement and evidence showing whose birds were whose may be important.

What If I Was Transporting My Own Birds in a Private Vehicle?

Federal law contains a private conveyance exception that can remove some packaging and labelling requirements.  Section 56 provides that sections 10 and 50 do not apply to an individual transporting a migratory game bird on board a private conveyance if the bird was legally hunted by an individual who is also in that private conveyance.

In practical terms, when legally hunted birds are being carried home in private transportation and the hunter who took them is travelling with them, the federal shipping package requirements in section 10 and the transfer labelling requirements in section 50 do not apply because of section 56.

The private conveyance exception does not remove every rule.  The fully feathered wing or head requirement and the requirement to keep birds countable and identifiable under section 52 can still apply.  The hunter may also have to carry the federal hunting permit while away from their residence and possessing unpreserved birds taken under that permit.

What If the Hunter Who Took the Birds Was Not in the Vehicle?

The section 56 private conveyance exception depends on a person who legally hunted the bird being in the private conveyance.  If that condition is not satisfied, the ordinary transfer, labelling, possession, and transportation rules may need to be considered.

Section 50 generally requires a migratory game bird that enters another person's possession to be labelled or preserved.  A person who possesses an unpreserved bird taken by someone else must generally ensure that it is properly labelled unless an applicable exception operates.

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 Migratory Game Bird Hunting Permit number under which it was taken, and the hunter's signature.

If another person was transporting your birds without you, preserve the original labels, packages, messages, permit information, and evidence showing who took each bird and why the other person had it.

What Rules Apply if Migratory Birds Are Shipped?

Federal law imposes specific packaging and exterior marking requirements where a lawfully obtained migratory bird is possessed for the purpose of shipping.  Section 10 of the Migratory Birds Regulations, 2022 contains the general shipping rule.

The bird must be packaged, and the exterior of the package must be clearly marked with:

• The number of any permit under which the bird was killed, captured, or taken;
• The full name and contact information of the permit holder and the current owner of the bird; and
• An accurate statement of the contents of the package.

This can become important where birds are sent by a carrier or otherwise shipped rather than personally transported home under the private conveyance exception.  Shipping records, labels, photographs of the package, courier documentation, and the original permit information may be central evidence.

What If the Bird Was Already Preserved?

Preservation can change which transportation requirements apply.  Section 52's fully feathered wing or head requirement applies to a migratory game bird that is not preserved and was killed or taken under a Migratory Game Bird Hunting Permit.

Under the federal definition, a migratory game bird can become preserved after the required processing and freezing, making into sausage, cooking, drying, canning, or smoking outside the hunting area, or by being mounted for taxidermy.

Whether a bird was legally preserved should be determined from its actual condition and processing history.  A bird being cold, refrigerated, packed in ice, or stored temporarily in a cooler does not necessarily establish that it had become preserved within the federal definition.

Do I Have to Carry My Migratory Game Bird Hunting Permit While Transporting Birds?

Yes, in circumstances covered by subsection 34(1).  The holder of a Migratory Game Bird Hunting Permit must have the permit on their person when they are away from their primary or habitual residence and possess an unpreserved migratory game bird that was hunted under that permit.

The permit holder must also show the permit immediately when requested by a game officer.  Having a valid permit but failing to carry or show it is different from having no federal hunting authorization.

If your charge concerns the permit rather than the condition or packaging of the birds, federal permit records may establish that the permit existed while the ticket concerns only the separate carrying or production requirement.

What Law Applies?

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

Section 10 of the regulations governs possession for the purpose of shipping and requires compliant packaging and exterior markings.  Section 34 requires a Migratory Game Bird Hunting Permit holder to carry and produce the permit in specified circumstances involving unpreserved birds.

Section 50 governs transfer of possession and labelling when an unpreserved migratory game bird enters another person's possession.  Section 52 requires the fully feathered wing or head and requires birds to be stored so each can be counted and identified.  Section 56 creates the private conveyance exception to sections 10 and 50 where the legally hunted bird is travelling with an individual who legally hunted it.

The exact provision written on your ticket or summons determines what the prosecutor must prove.  Not every transportation investigation involves every one of these requirements.

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 required before the court can find you guilty.

Shipping With Non-Compliant Packaging

For a charge under subsection 10(2), the important issues will generally include whether you possessed a migratory bird for the purpose of shipping, whether the bird was within the lawful shipping provision, and whether the required packaging and exterior markings were missing or deficient.

Transports Without a Fully Feathered Wing or Head

For a charge under subsection 52(1), the prosecutor will generally need evidence showing that you possessed or transported a migratory game bird that was not preserved, that the bird had been killed or taken under a Migratory Game Bird Hunting Permit, and that neither a fully feathered wing nor the fully feathered head remained attached as required.

Birds Could Not Be Counted or Identified

For a charge under subsection 52(2), the issue will generally be whether birds covered by subsection 52(1) were stored in a manner that failed to allow each bird to be counted and its species identified.

Unlabelled Birds Taken by Another Person

For a section 50 charge, the prosecutor may rely on evidence showing that an unpreserved migratory game bird entered another person's possession without the required label or that a person possessed a bird taken by someone else without ensuring that it was labelled.  Any private conveyance or other applicable exception must be considered.

Failure to Carry or Show the Permit

For a subsection 34(1) or 34(2) charge, the issue is different.  The prosecutor may rely on evidence that you held the permit but did not have it on your person in the circumstances required by law or did not show it immediately when requested by a game officer.

The prosecutor must prove the offence actually charged.  Proof that a bird was being transported does not by itself establish that its wing or head was missing, that the package was improperly marked, that a label was legally required, or that the permit carriage rule was violated.

What Common Situations Lead to These Charges?

Both the Head and Wings Were Removed Before Travelling Home

The birds may have been lawfully harvested but processed before transportation so that neither the fully feathered head nor a fully feathered wing remained attached.  The ticket may cite subsection 52(1).

Birds Were Packed So They Could Not Be Counted or Identified

Several processed birds may have been mixed or packaged in a way the officer says prevented a reliable count or species identification.  The storage arrangement and physical condition of the birds may be central evidence.

One Hunter Transported Another Hunter's Birds

The hunter who took the birds may not have been travelling in the vehicle.  The investigation may then focus on whether the birds were preserved or properly labelled and whether the private conveyance exception applied.

Birds Were Shipped Without the Required Exterior Information

A package may have contained legally hunted birds but lacked the required permit number, owner or permit holder information, or accurate contents statement.  The charge can concern the package even though the original hunting itself was lawful.

The Hunter Did Not Have the Federal Permit While Travelling With Unpreserved Birds

The permit may have existed electronically or in federal records, but the hunter did not have it on their person while away from home and possessing unpreserved birds taken under the permit.  That is a permit carriage issue rather than proof that the birds were illegally hunted.

What Is the Fine for Migratory Bird Transportation Offences?

There is no single federal ticket fine for every Migratory Bird Transportation Offence.  The exact section on your ticket determines the prescribed fine.

The current federal Contraventions Regulations list the following principal fines relevant to this page:

• Possessing, for the purpose of shipping, a migratory bird with non-compliant packaging, subsection 10(2): $150;
• Failure to have the hunting permit on one's person, subsection 34(1): $250;
• Failure to show the hunting permit to a game officer, subsection 34(2): $250;
• Allowing a migratory game bird that is not labelled or preserved to enter another person's possession, subsection 50(1): $250;
• Possessing a migratory game bird taken by another person without a label, subsection 50(2): $250;
• Possessing or transporting a migratory game bird without a fully feathered wing or head attached, subsection 52(1): $150; and
• Failure to store migratory game birds in the specified manner, subsection 52(2): $250 per bird.

The ticket fine should not be confused with the statutory maximum available if the matter is prosecuted under the Migratory Birds Convention Act, 1994 rather than dealt with through the ordinary federal contraventions process.

The principal transportation provisions discussed on this page fall within the Act's general offence provision rather than the higher designated offence penalty regime.  For an individual committing a first offence under that general provision, the maximum fine is $25,000 on summary conviction or $100,000 on indictment.  Those amounts are statutory maximums and are not the automatic result of an ordinary $150 or $250 transportation ticket.

The effect on your Migratory Game Bird Hunting Permit also depends on the exact offence.  Section 34 permit carrying and production offences are expressly excluded from the ordinary permit invalidity rule.  Other transportation related offences discussed on this page, including sections 10, 50, and 52, are not among those listed exclusions and can affect an existing permit and the ability to apply for another permit for 12 months, subject to the court and Ministerial provisions in the regulations.

What Evidence May Be Used?

Transportation cases often depend on the physical condition of the birds, who hunted them, who was transporting them, how they were packaged, and what records accompanied them.

Bird and Identification Evidence

The birds themselves, attached wings or heads, feathers, photographs, species identification, and processing condition may be used to establish whether section 52 was satisfied.

Packaging and Label Evidence

Shipping boxes, cooler labels, tags, packages, exterior markings, photographs, courier documentation, and the information written on a label may show whether sections 10 or 50 were followed.

Permit and Hunting Records

The Migratory Game Bird Hunting Permit, permit number, hunting date, hunting location, photographs, and other records may show who legally took the birds and whether the permit carriage requirement applied.

Vehicle and Transportation Evidence

Officer observations, occupants of the vehicle or boat, ownership and location evidence, GPS information, and statements may help establish who was transporting the birds and whether the hunter who legally took them was travelling in the private conveyance.

Electronic and Shipping Records

Messages, photographs, electronic permit records, courier tracking, shipping receipts, timestamps, and communications between hunters or recipients may help establish how and why the birds were being transported.

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 precise transportation provision written on your ticket or summons.

What Possible Defences and Legal Issues May Apply?

The legal issues depend on the exact offence, whether the birds were preserved, who hunted them, how they were transported, and the physical and documentary evidence.  No particular issue guarantees that the charge will be dismissed.

The Private Conveyance Exception Applied

The evidence may show that the birds were legally hunted and that an individual who legally hunted them was travelling in the same private conveyance.  If section 56 applies, sections 10 and 50 do not apply to that transportation.

The Required Wing or Head Was Attached

Photographs, the birds themselves, witness evidence, or officer records may show that at least one fully feathered wing or the fully feathered head remained attached to each bird as required.

The Birds Were Stored So They Could Be Counted and Identified

The physical arrangement may have allowed each bird to be counted and its species determined even if the officer initially believed otherwise.  Original photographs and the condition of the birds may be important.

The Bird Was Already Preserved

Processing and storage records may establish that the bird had already met the federal definition of preserved before the transportation relied upon in the charge.  That can affect whether some unpreserved bird requirements applied.

The Birds or Package Were Properly Labelled

The original package or label may contain the information required by federal law.  Group labels can also satisfy the labelling requirements where the regulatory conditions are met.

The Shipping Package Was Compliant

Photographs, shipping records, and the original packaging may establish that the exterior contained the required permit information, owner and permit holder contact information, and accurate contents statement.

You Had the Required Permit With You

An electronic or paper permit, phone records, screenshots, permit records, or officer video may show that the permit was available when required or was shown when requested.

You Were Not the Person Responsible for the Transportation or Shipping

The evidence may not establish that you possessed, transported, shipped, transferred, or controlled the birds or package in the manner required by the particular offence.  Shared vehicles and group hunting situations should be assessed using the actual evidence rather than ownership alone.

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.

Evidence may include reasonable checks of bird identification, packaging, labels, permit information, processing condition, and transportation arrangements before the birds were moved.  Whether those steps were sufficient depends on the exact charge and circumstances.

Could Migratory Birds, a Vehicle, or Other Property Be Seized or Forfeited?

Yes, where the federal statutory requirements are met.  A game officer exercising lawful enforcement powers may seize a 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 migratory game birds, packages, labels, documents, hunting equipment, electronic records, or other property connected with the transportation offence.  Seizure means property has been taken into official custody and does not itself establish guilt.

Forfeiture means permanent loss of ownership.  Following conviction, the court may order forfeiture of seized property by means of or in relation to which the offence was committed where the statutory requirements are satisfied.

If the federal ticket procedure applies and the required conditions are met, payment of the prescribed fine can also result in seized property related to 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 exact transportation 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 condition and species of the birds, attached wings or heads, labels, packaging, shipping records, permit information, vehicle occupants, private conveyance evidence, photographs, officer observations, and records showing whether the birds had already been preserved.

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 private conveyance exception, due diligence defence, or other legal issue 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

• Migratory bird transportation charges can involve shipping packages, labels, the condition and identification of birds, or carrying the federal hunting permit;
• An unpreserved migratory game bird taken under a Migratory Game Bird Hunting Permit generally must retain a fully feathered wing or head while the section 52 transportation rule applies;
• Birds covered by section 52 must be stored so that each bird can be counted and its species identified;
• Sections 10 and 50 do not apply when the private conveyance exception in section 56 is satisfied, but that exception does not remove the section 52 identification requirements;
• Shipping a migratory bird can require compliant packaging and exterior permit, owner, and contents information;
• The current principal federal ticket fines discussed on this page range from $150 to $250, with the section 52(2) storage offence carrying a $250 per bird fine; and
• The physical condition of the birds, labels, packaging, permit records, vehicle occupants, shipping evidence, and exact section written on the ticket may be central to the case.

Conclusion

A Migratory Bird Transportation Offence should be reviewed using the exact offence wording and section number, who hunted the birds, who transported or shipped them, whether the birds were preserved, whether the required wing or head remained attached, how the birds were stored, what labels or package markings were present, and whether the federal permit was carried when required.  The private conveyance, shipping, transfer, identification, and permit rules are related but they are not the same offence.

Before paying a ticket or deciding how to respond, preserve the birds, labels, packages, permit records, photographs, transportation and shipping records, and seizure documents and compare the disclosure with the specific federal requirement charged.  Legal representation can help determine what must be proven and whether the private conveyance exception, preservation status, proper identification, compliant labelling or packaging, permit evidence, lack of responsibility, due diligence, or another legal issue affects the charge.