Hunting Black Bears at Night in Ontario:

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Last Updated: August 15 2026

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Question: What should I do if I was ticketed or summoned for hunting black bears at night in Ontario, and who can a paralegal help with responding to the Fish and Wildlife Conservation Act, 1997 charge?

Answer: If you’re facing a hunting black bears at night ticket or summons in Ontario, DefendCharges.ca™ can help a paralegal assess the exact section 20 wording, the sunrise or sunset times listed by the Conservation Officer, what evidence was seized (firearm condition, lights, phone, GPS, photos, trail-cam, bait site details), and what defences may apply so you can decide whether to respond, negotiate, or prepare for court within the deadline.   In Ontario, the night period runs from one-half hour after sunset until one-half hour before sunrise, and separate offences can apply for hunting at night, possessing a firearm at night in wildlife habitat unless unloaded and encased, and shining a light for the purpose of hunting wildlife.   Don’t pay immediately without reviewing the subsection and the set fine exposure because paying often leads to a conviction without a trial.   If you want practical help organising documents and planning your response strategy, call (647) 559-3377 to book an assessment with DefendCharges.ca™.

Hunting Black Bears at Night in Ontario

Hunting black bears at night in Ontario may lead to a provincial offence charge—a non-criminal charge prosecuted under Ontario law—as well as a fine, court proceedings, and possible consequences involving hunting privileges or seized property.

Ontario generally prohibits hunting wildlife from half an hour after sunset until half an hour before sunrise.  The legal cut-off is not sunset itself, and hunting at night, possessing a firearm at night in wildlife habitat, and shining a light for the purpose of hunting wildlife are separate offences with different legal requirements.

Do not panic. Receiving a ticket or summons—a court document requiring you to attend court or respond as directed—does not automatically mean you will be convicted, meaning found guilty.  This page explains Ontario's nighttime hunting hours, the related firearm and light offences, what law applies, what must be proven, the possible fines, evidence, defences, seizure issues, and what may happen next.

I Received a Hunting Black Bears at Night Ticket or Summons.  What Should I Do?

Read every document carefully and do not miss the response deadline or required court date. The section number is important because section 20 of the Fish and Wildlife Conservation Act, 1997 creates separate offences for hunting at night, possessing a firearm at night in wildlife habitat without it being unloaded and encased, and shining a light for the purpose of hunting wildlife.

Before deciding how to respond, check:

• The exact offence wording and section number;
• The date, time, and location shown on the documents;
• The local sunset or sunrise time relied upon by the Conservation Officer;
• What the Conservation Officer says amounted to hunting;
• Whether a firearm, bow, crossbow, or light was involved;
• Whether a vehicle, bait site, tree stand, or another hunter was involved; and
• Whether a firearm, black bear, vehicle, phone, light, or other property was seized.

Keep your ticket or summons, seizure documents, Licence Summary, Black Bear Licence, Bear Tag information, photographs, GPS records, messages, trail-camera records, maps, and hunting notes.  Preserve original electronic information.  If the charge concerns activity close to the beginning or end of legal hunting hours, record what you remember about the time, location, sequence, and time source.

If the wording on your documents concerns a different black bear offence, see Black Bear Hunting Charges for an overview of the other black bear charges covered by Hunting.Legal.

Should I Pay the Ticket?

Paying a ticket will generally be treated as pleading guilty and will result in a conviction without a trial. Before paying, identify whether the charge is hunting at night under section 20(1)(a), possessing a firearm at night under section 20(1)(b), using a light to hunt at night under section 20(1)(c), or several charges arising from the same incident.

These offences have different legal requirements and different set fines.  A person who stopped hunting before the legal deadline but remained in wildlife habitat with a firearm that was not unloaded and encased may face a different charge from someone accused of continuing to hunt after legal hours.

Evidence supporting one subsection does not automatically prove another.  Review the charge, evidence, and possible consequences before deciding how to respond.

What Is Hunting Black Bears at Night?

For ordinary black bear hunting in Ontario, hunting is prohibited during the period from half an hour after sunset until half an hour before sunrise.

The legal cut-off is not sunset itself.  Subject to every other applicable rule, ordinary hunting may begin one-half hour before local sunrise and must stop when the prohibited period begins one-half hour after local sunset.  Check the local times before hunting rather than relying on how light or dark it appears.

What Hours Are Considered Nighttime for Hunting?

Section 20 uses the period beginning one-half hour after sunset and ending one-half hour before sunrise. The actual clock times change with the date and location.

For example, if local sunset were 7:00 p.m., the prohibition would begin at 7:30 p.m.  If local sunrise were 6:30 a.m., ordinary hunting could begin at 6:00 a.m.  These are examples only: sunrise and sunset times change daily, and the time for the date and location involved in the charge must be used.

Does an Open Black Bear Season Allow Hunting After Legal Hunting Hours?

No.  An open black bear season does not remove Ontario's nighttime-hunting restriction.

A person may hold a valid Black Bear Licence and Bear Tag and be hunting during an open season but still face a section 20 charge if the hunting occurred during the prohibited nighttime period.  Season rules and daily hunting-hour rules operate together.

Can Waiting at a Bear Bait Site After Legal Hunting Hours Be Hunting?

It can, depending on what the person was doing and why. Ontario's definition of hunting extends beyond firing a shot or killing wildlife and can include lying in wait for, searching for, being on the trail of, pursuing, chasing, shooting at, capturing, or harassing wildlife.

Waiting at a bait site for the purpose of hunting black bear may therefore support a nighttime-hunting charge even if no bear appears and no shot is fired.  Being near a bait site after hours does not automatically prove hunting; purpose, equipment, statements, actions, and the surrounding circumstances may matter.

What if a Black Bear Was Shot Before Legal Hunting Hours Ended?

The shot time may not answer every issue if activity involving a live bear continued afterward. Ontario's definition of hunting includes being on the trail of and pursuing wildlife, so tracking or pursuing a live or wounded bear after legal hunting hours may require separate analysis.

The shot time, whether the bear remained alive, the later activity and purpose, communications, Conservation Officer observations, photographs, GPS information, and recovery timeline may all be relevant.

Is Possessing a Firearm at Night the Same as Hunting at Night?

No.  Ontario creates a separate nighttime firearm offence.

Section 20(1)(b) provides that during the prohibited nighttime period a person must not have a firearm in their possession in an area usually inhabited by wildlife unless the firearm is unloaded and encased.

The current Ontario Hunting Regulations Summary explains that an encased firearm must be enclosed on all six sides.  For Ontario hunting law, firearm includes a bow or crossbow as well as guns.  A crossbow is loaded when cocked with a bolt in it, while another bow is loaded when strung with an arrow nocked.

A person may therefore face a section 20(1)(b) charge even if the prosecutor cannot prove that the person was hunting at that moment.  The firearm charge and hunting-at-night charge must be considered separately.

Can You Have a Firearm With You After the Hunt Ends?

Yes, but section 20's nighttime requirements must be followed where they apply. In an area usually inhabited by wildlife during the prohibited period, the firearm generally must be unloaded and encased unless a legal exception applies.

A charge may arise when hunting has ended but a person walks back to camp, returns to a vehicle, or remains in wildlife habitat with a firearm that is not unloaded and encased.  The firearm's condition and storage can matter even when the person says the hunt had ended.

What Does Shining a Light for Hunting Mean?

Section 20(1)(c) separately prohibits shining a light during the nighttime period for the purpose of hunting wildlife.

The charge may involve a flashlight, spotlight, headlamp, vehicle light, firearm-mounted light, or another artificial light.  The existence or use of a light is not enough by itself; the prosecutor must establish the required hunting purpose.

A person may use headlights to drive, a flashlight to walk safely, or a headlamp to recover equipment.  The direction and movement of the light, firearms, proximity to a bait site, communications, statements, vehicle movements, wildlife observations, and the sequence of events may be used to determine purpose.

Are There Exceptions to Ontario's Night-Hunting Rule?

Ontario law contains limited exceptions, but there is no general exception allowing ordinary recreational black bear hunting at night.

Section 20(2) permits prescribed exceptions.  Ontario law contains specific nighttime authority for qualifying raccoon hunting, but an exception applying to another species or activity should not be assumed to permit black bear hunting.  Any claimed authority or exception must be checked against its exact conditions.

What Law Applies?

The principal nighttime rules are contained in section 20 of Ontario's Fish and Wildlife Conservation Act, 1997.

Section 20(1)(a): Hunting Wildlife at Night

Section 20(1)(a) prohibits hunting wildlife from half an hour after sunset to half an hour before sunrise.  This is the principal provision for a hunting-at-night charge.

Section 20(1)(b): Firearm Possession at Night

Section 20(1)(b) separately prohibits possessing a firearm in an area usually inhabited by wildlife during that period unless the firearm is unloaded and encased.

Section 20(1)(c): Shining a Light

Section 20(1)(c) prohibits shining a light during the nighttime period for the purpose of hunting wildlife.

Proof of Hunting and Sunrise or Sunset

Section 109 contains evidentiary rules concerning proof of hunting, including circumstances involving possession of a firearm or certain hunting equipment in an area usually inhabited by wildlife.  Section 110 contains evidentiary rules concerning proof of sunrise or sunset times in a section 20 prosecution.

Section 101 recognizes due diligence—taking all reasonable care to prevent the offence—and an honest and reasonable mistake of fact where the legal requirements for those defences are established.

What Must Be Proven?

The prosecutor—the lawyer or representative acting for the government—must prove every required part of the particular charge beyond a reasonable doubt. Beyond a reasonable doubt is the high standard of proof required before the court may find a person guilty.

For a charge under section 20(1)(a), the prosecutor may need to establish that:

• You were the person involved in the conduct;
• Your conduct legally amounted to hunting wildlife;
• The hunting occurred at the date and location stated in the charge; and
• The hunting occurred between half an hour after sunset and half an hour before sunrise.

Section 20(1)(a) applies to wildlife generally.  In a black bear case, evidence identifying black bear as the wildlife involved may explain the conduct, but the prohibition is not limited to black bear.

A section 20(1)(b) charge involves different issues, including possession of a firearm, the nighttime period, an area usually inhabited by wildlife, and whether the firearm was unloaded and encased.

A section 20(1)(c) charge requires proof that a light was shone during the prohibited period for the purpose of hunting wildlife.  Simply proving that a light was used does not establish that purpose.

A prescribed exception or other lawful authority may change the analysis.  The exact charge and the legal burden applying to an exception or defence must be considered rather than assuming the prosecutor must disprove every possible exception as an ordinary part of the charge.

Can You Be Charged if No Black Bear Was Shot or Killed?

Yes.  A person can face a hunting-at-night charge even if no black bear was shot, injured, or killed.

A nighttime charge may arise from waiting for a bear at a bait site for hunting purposes, tracking or pursuing a bear, or shooting and missing after legal hunting hours.  Ontario's definition of hunting covers more than a successful kill, although purpose and the surrounding evidence remain important.

What Common Situations Lead to This Charge?

The Hunter Stayed at a Bait Site Too Long

The hunter remained in a tree stand or blind after legal hunting hours and the Conservation Officer says the person continued waiting for a black bear.

A Bear Was Followed After Legal Hunting Hours

A bear was seen or shot near the end of legal hunting time and the Conservation Officer says the hunter continued trailing or pursuing the live animal after the nighttime period began.

A Shot Was Fired After the Legal Cut-Off

The parties may disagree about the shot time or the local sunset time.  Electronic timestamps, witness accounts, Conservation Officer observations, photographs, or other timing evidence may become important.

A Light Was Used Around a Bait Site

A flashlight, spotlight, vehicle light, or other artificial light was directed into the hunting area and the Conservation Officer says it was being used for the purpose of hunting wildlife.

A Firearm Was Not Unloaded and Encased

The person says the hunt had ended, but the Conservation Officer says a firearm remained in the person's possession in wildlife habitat during the nighttime period without being unloaded and encased.

What Is the Fine for Hunting Black Bears at Night?

The current Ontario set fine for unlawfully hunting at night under section 20(1)(a) is $250. A set fine is the preset fine used when an offence proceeds by ticket.

The related set fine for unlawfully possessing a firearm at night under section 20(1)(b) is $150, while the set fine for unlawfully using a light to hunt at night under section 20(1)(c) is $250.

A person may face more than one charge where the facts support separate violations.  The total payable shown on a ticket may be higher than the set fine after any applicable victim fine surcharge and court costs are added.

Under section 102(1) of the Fish and Wildlife Conservation Act, 1997, the general maximum penalty for an individual is a fine of up to $25,000, imprisonment for up to one year, or both. Those are statutory maximums, not the automatic or usual result of a hunting-at-night ticket.

Section 104 may permit the court to prohibit a person from holding a specified licence or authorization related to the offence and from engaging in the activity it authorizes for a stated period.  Such an order is discretionary, not automatic, in a section 20 case.

What Evidence May Be Used?

Night-hunting cases often depend on combining evidence of time with evidence showing what the person was actually doing.

Conservation Officer and Witness Evidence

Conservation Officer observations, notes, photographs, recordings, and witness accounts may describe the hunter's location, actions, firearm, light, vehicle, bait site, and statements.

Sunrise, Sunset, and Timing Evidence

Sunrise and sunset information, dispatch times, electronic timestamps, phone-location information, GPS tracks, trail-camera records, photographs, video, calls, messages, and other records may help reconstruct timing, location, and purpose.

Firearm, Light, and Hunting Evidence

Firearms, bows, crossbows, ammunition, cases, lights, tree stands, blinds, bait sites, and other equipment may provide evidence concerning hunting activity or a separate firearm or light charge.

Wildlife and Physical Evidence

A black bear, blood, hair, tracks, cartridge cases, arrows, bullet evidence, or recovery information may help establish the sequence and timing where a bear was shot or pursued.

Disclosure is the evidence the prosecutor intends to rely upon.  It should be reviewed against the exact subsection charged, the local sunrise or sunset time, and the evidence concerning your purpose and actions.

What Possible Defences and Legal Issues May Apply?

The available defence or legal issue depends on the exact charge and evidence. None of the following automatically guarantees that a charge will be dismissed.

The Activity Occurred During Legal Hunting Hours

The prosecutor's time or sunrise-sunset calculation may be incorrect.  Astronomical information, photographs, GPS records, electronic timestamps, or witnesses may establish that the hunting occurred outside the prohibited nighttime period.

You Were Not Hunting

The evidence may support that you had stopped hunting and were travelling, returning to camp, retrieving equipment, or carrying out another activity that did not legally amount to hunting.  Section 109's statutory proof rules must still be considered where they apply.

The Firearm Was Unloaded and Encased

For a section 20(1)(b) charge, photographs, Conservation Officer notes, inspection evidence, or witnesses may establish that the firearm satisfied the nighttime requirements.

The Light Was Not Being Used for Hunting

A flashlight, headlamp, or vehicle light may have been used for travel, safety, or equipment recovery.  Section 20(1)(c) requires the light to have been shone for the purpose of hunting wildlife.

A Legal Exception or Other Authority Applied

A prescribed exception or another legal authority may affect section 20 in limited circumstances.  Its exact wording and conditions must be established from the law and evidence.

Due Diligence or Honest and Reasonable Mistake of Fact

Section 101 may provide a defence where you establish that you exercised all due diligence—all reasonable care to prevent the offence—or honestly and reasonably believed facts that, if true, would have made the conduct innocent.

Relevant evidence may include reasonable efforts to verify the correct local sunset or sunrise time and precautions taken to stop hunting before the prohibited period.  A factual mistake is different from simply misunderstanding the law.

Problems With the Evidence or How It Was Obtained

Conservation Officer observations, statements, photographs, GPS information, firearm evidence, light evidence, or witness accounts may be incomplete or unreliable.  The time source, identity, location, continuity of observations, and circumstances of a detention, inspection, search, seizure, questioning, or statement may require review.

Could a Black Bear, Firearm, Vehicle, Light, or Other Property Be Seized or Forfeited?

Yes, where the statutory requirements are met, although seizure is not automatic in every night-hunting investigation. Under section 92, a Conservation Officer lawfully in a place may seize without a warrant anything the officer believes on reasonable grounds—an objective, fact-based basis—was obtained by or used in an offence, will provide evidence of an offence, or is intermixed with such a thing.

Depending on the circumstances, seized property may include:

• A black bear, carcass, meat, hide, or other bear parts;
• Firearms, bows, crossbows, ammunition, cases, or hunting equipment;
• Flashlights, spotlights, headlamps, or other lighting equipment;
• Phones, cameras, GPS devices, or electronic records;
• Vehicles or ATVs where legally connected to the offence; and
• Other property believed to have been used in or provide evidence of an offence.

Seizure means property has been taken into official custody; it does not establish guilt. Forfeiture means ownership is lost to the Crown under the Act or a court order.

If a person is convicted, wildlife seized in connection with the offence is forfeited under section 92(9)(a).  A justice may order other seized property, such as a firearm or vehicle, forfeited under section 92(9)(b), but that forfeiture is not automatic merely because the property was seized.

Keep every seizure notice, inventory, receipt, occurrence number, and other document provided by the Conservation Officer.

What Happens Next?

What happens next depends on whether you received a ticket or summons, how you respond, and whether additional charges were laid. A ticket normally provides response options and a deadline.  A summons must be answered as directed and may require a court appearance.

If you dispute the charge, obtain and review disclosure—the evidence the prosecutor intends to use.  It may include Conservation Officer notes, sunrise-sunset evidence, photographs, video, GPS data, timestamps, witness statements, firearm or lighting evidence, and seizure documents.

The review should identify the subsection charged, the local sunrise or sunset time, the conduct the Conservation Officer says occurred, and the evidence concerning the person's purpose.  Where several hunters were present, each person's conduct should be considered separately.

Some cases resolve after factual, legal, or evidentiary issues are identified.  Others proceed to trial, where the court decides whether every required part of the charge has been proven beyond a reasonable doubt and whether an applicable defence has been established.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the precise Hunting Black Bears at Night charge, the subsection listed on your documents, the local sunrise or sunset time, and the evidence concerning what you were doing during the nighttime period.

DefendCharges.ca™ can review Conservation Officer observations, firearm and lighting evidence, GPS records, statements, disclosure, searches, and seizures.  If the same incident produced charges involving a firearm, light, vehicle, Black Bear Licence, Bear Tag, closed season, or another rule, each charge can be assessed against its own legal requirements and evidence.

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 decide on the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Ordinary black bear hunting is prohibited from half an hour after sunset until half an hour before sunrise.
• The current set fine for unlawfully hunting at night under section 20(1)(a) is $250.
• Possessing a firearm at night without complying with the unloaded-and-encased requirement is a separate offence with a current $150 set fine.
• Using a light for the purpose of hunting wildlife at night is a separate offence with a current $250 set fine.
• A black bear does not have to be shot or killed for a nighttime-hunting charge to arise.
• Sunrise-sunset evidence, timing, purpose, firearm condition, lighting evidence, and Conservation Officer observations may be central to the case.

Conclusion

Hunting Black Bears at Night charges can turn on a short period of time and very specific evidence.  The local sunrise or sunset time, what the person was doing, whether the activity legally amounted to hunting, and whether a firearm or light was involved should all be considered carefully.

Hunting at night, possessing a firearm at night, and using a light to hunt at night are separate charges even though they may arise from the same incident.  Before paying a ticket or responding to a summons, make sure you understand the precise section charged, the evidence being relied upon, and the legal issues raised by the circumstances.