Illegal Possession of Wildlife in Ontario:

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Last Updated: September 06 2026

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Question:What should I do after I get a Provincial Offence Notice for illegal possession of wildlife in Ontario?

Answer:DefendCharges.ca™ can help you respond fast and correctly to an Ontario Provincial Offence Notice for illegal possession of wildlife, including reviewing the exact charge wording and section, the species and possession details, and the evidence linking you to the animal parts or storage.   Do not ignore the response deadline or court date, do not destroy or relabel any wildlife or documents, and keep licences, tags, permits, receipts, processor or taxidermy records, photos or videos, freezer labels, and any Conservation Officer materials while your paralegal reviews likely defences and next steps.   If you already paid and want to understand your options, or if you were told to attend court by summons, call (647) 559-3377 so DefendCharges.ca™ can discuss your legal rights in Ontario.

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Illegal Possession of Wildlife in Ontario

Illegal possession of wildlife in Ontario may lead to a provincial offence charge under Ontario law rather than a criminal charge, as well as a fine, court proceedings, forfeiture of wildlife, seizure of other property, and possible consequences for your hunting privileges.

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

Do not panic.  This charge generally means that you are accused of possessing wildlife that was killed, injured, or captured contrary to Ontario's Fish and Wildlife Conservation Act, 1997 or its regulations.  The charge may involve an entire animal, meat, antlers, horns, hides, feathers, eggs, or other identifiable wildlife parts, even where someone else hunted or killed the wildlife.

This page explains illegal possession of wildlife, what possession can mean, wildlife received from another person or kept from an earlier season, what law applies, what must be proven, possible fines, evidence, defences, seizure, and what may happen next.  If your documents list several hunting charges, see Common Hunting Charges to identify the charges that may apply.

I Received an Illegal Possession of Wildlife Ticket or Summons.  What Should I Do?

Read every document carefully and do not ignore the response deadline or court date.  The offence wording and section number should identify whether you are charged under section 12 with possessing illegally killed, injured, or captured wildlife or with a different tagging, transportation, storage, purchase, sale, import, or possession offence.

A ticket, formally called a Provincial Offence Notice, usually provides response options and a deadline.  Paying the ticket will generally be treated as pleading guilty and will result in a conviction.

A summons is a court document requiring you to attend court or respond as directed.  It should not be treated like an ordinary payable ticket.

Check the Charge and Wildlife

• The exact wording of every charge and the section numbers shown;
• The date, time, and location stated in the charge;
• The species and type of wildlife involved;
• Whether the charge concerns a whole animal, carcass, meat, hide, antlers, feathers, eggs, or another wildlife part;
• Where the wildlife was found;
• Who harvested, transported, transferred, processed, or stored it; and
• When and where the wildlife was harvested.

Check Possession and Lawful Source Evidence

• Whether you knew the wildlife was present;
• Whether you exercised custody or control over the wildlife or the location where it was found;
• What licence, tag, permit, authorization, receipt, or transfer records existed;
• Whether the wildlife came from Ontario, another jurisdiction, a farm, a processor, or another lawful source;
• Whether the wildlife was obtained during an earlier hunting season;
• Whether several people shared the vehicle, camp, residence, freezer, cooler, or storage area;
• Whether wildlife, firearms, vehicles, freezers, phones, or other property was seized.

Keep tags, Licence Summaries, permits, receipts, hunter reports, processor or taxidermy records, photographs, videos, freezer labels, transfer documents, messages, GPS information, and documents provided by the Conservation Officer.

Do not destroy, relabel, repackage, consume, sell, transfer, or dispose of wildlife that may be relevant to the investigation.  Its identity, condition, packaging, location, and connection to other evidence may become important.

Should I Pay an Illegal Possession of Wildlife Ticket?

Paying the ticket will generally result in a conviction.  Before paying, make sure you understand what wildlife is involved, why the prosecutor says it was obtained illegally, and whether the evidence connects you to its possession.

Important questions may include:

• Did you know the wildlife was present and exercise custody or control over it?
• Was the wildlife lawfully harvested, transferred, gifted, purchased, imported, processed, or obtained during an earlier lawful season?
• Did a valid licence, tag, permit, or authorization apply?
• Can the species or quantity be reliably identified?
• Can the prosecutor prove that the wildlife was killed, injured, or captured contrary to Ontario law?
• Did the wildlife belong to another person using a shared vehicle, camp, residence, freezer, or storage area?
• Were additional charges laid or wildlife or other property seized?

The amount shown on a ticket may not reflect every possible consequence.  A conviction may also affect seized wildlife, hunting privileges, licences, authorizations, vehicles, firearms, equipment, or other property where authorized by law.

What Is Illegal Possession of Wildlife?

Section 12 of the Fish and Wildlife Conservation Act, 1997 prohibits possessing wildlife that has been killed, injured, or captured contrary to the Act or its regulations.

A section 12 charge may arise where a person possesses wildlife that was unlawfully obtained because of an underlying hunting or capture offence.

Harvest Authority, Season, and Method Issues

• Wildlife was harvested without the required licence or tag authority;
• More wildlife was killed than the available tag or harvest authority allowed;
• The animal did not match the type, age, sex, area, or other authority applying to the hunt;
• The applicable party hunting or other harvest requirements were not satisfied;
• Wildlife was taken during a closed season or at night contrary to law;
• Wildlife was taken using a prohibited hunting method; or
• The harvest occurred in a location where the hunting activity was prohibited.

Later Possession of the Wildlife

• Wildlife from an unlawful harvest was accepted or stored for another person;
• Illegally obtained wildlife was kept in a freezer, cooler, residence, camp, vehicle, or outbuilding;
• Meat, antlers, horns, hides, feathers, eggs, or other identifiable parts from unlawfully obtained wildlife were possessed;
• Wildlife from an unlawful harvest remained in a person's custody or control after the harvest; or
• Another person later possessed wildlife that had been unlawfully killed, injured, or captured.

The section 12 charge is not limited to the hunter who killed the animal.  An inability to immediately produce records proving the source of wildlife may lead to further investigation, but it does not by itself establish an illegal kill, injury, or capture.

The prosecution must prove the requirements of the offence actually charged.  If the same incident resulted in more than one common hunting charge, see Common Hunting Charges to identify the other charges that may apply.

What Does Possession Mean?

Possession can involve factual questions about whether a person knew the wildlife was present and whether the person had custody, control, or authority over it.

Possession does not necessarily require the wildlife to be held in your hands or stored on property registered in your name.

A possession issue may arise where wildlife is found:

• In a vehicle, ATV, snowmobile, boat, or trailer connected with the person;
• In a home, hunting camp, garage, barn, shed, or outbuilding the person uses or controls;
• In a freezer, cooler, refrigerator, or other storage container;
• At a butcher, processor, or taxidermist under the person's name;
• In a shared location where several people have access; or
• With another person who is holding it on someone's behalf.

Finding wildlife in a place connected with a person does not automatically determine who possessed it.  The evidence concerning knowledge, access, custody, and control must be considered, particularly where several people share the location.

Can You Be Charged if You Did Not Kill the Wildlife?

Yes.  Section 12 concerns possession of the wildlife and does not require that the person charged was the person who killed, injured, or captured it.

A charge may arise where a person:

• Accepted wildlife from someone who harvested it unlawfully;
• Stored unlawfully obtained wildlife for a friend or family member;
• Possessed illegally harvested wildlife while transporting or processing it;
• Kept meat, antlers, horns, hides, feathers, or other parts from an unlawful harvest;
• Placed the wildlife in a freezer, vehicle, camp, or building;
• Received or retained wildlife whose source later became disputed; or
• Otherwise exercised custody or control over wildlife from an unlawful harvest.

The prosecution must still prove the possession required by the charge and that the wildlife was killed, injured, or captured contrary to Ontario law.  Merely being related to, travelling with, hunting with, or living with the person who harvested the wildlife does not automatically establish a section 12 offence.

Can Lawfully Harvested Wildlife Be Shared With Another Person?

Lawfully obtained wildlife may sometimes be transferred, gifted, shared, processed, or stored by another person, but applicable identification, tagging, transportation, sale, import, export, and documentation requirements must still be followed.

Relevant questions may include:

• Whether the wildlife was lawfully harvested and the correct licence or tag authority applied;
• Whether it was lawfully transported or transferred;
• Whether the recipient knew who harvested it and identifying information was available;
• Whether it came from a lawful processor, dealer, farm, or other source;
• Whether the wildlife was properly packaged or labelled where required;
• Whether it was purchased or sold; and
• Whether import, export, or other special requirements applied.

Tag Requirements That Change in 2027

For the 2026 hunting season, tags must be carried in paper format, and the applicable paper tag invalidation and attachment requirements continue to apply.

Beginning January 1, 2027, Ontario's Hunting Regulation will recognize physical and digital tags.  A hunter using a digital tag must carry it on their own charged mobile device and follow the instructions that accompany it, including any requirement to attach a physical label to harvested wildlife and keep it attached as required.

A person receiving wildlife should preserve records showing its lawful source, particularly where the wildlife will be transported separately from the hunter or stored for an extended period.

Can You Possess Wildlife From a Previous Hunting Season?

Possessing wildlife that was lawfully harvested during an earlier hunting season is not automatically illegal.

An investigation may nevertheless arise where the source, harvest date, species, quantity, or legality of the wildlife is disputed.

Evidence that may help establish an earlier lawful harvest includes:

• Tag, licence, Licence Summary, and licensing records from the year of harvest;
• Mandatory hunter reports;
• Dated photographs, videos, or messages;
• Butcher, processor, or taxidermy records;
• Freezer labels and packaging dates;
• Transportation, purchase, or transfer records; and
• Witness evidence.

The absence of a current tag attached to processed meat does not automatically prove illegal possession.  The applicable rules, processing stage, history, and lawful source of the wildlife must be considered.

Can Illegal Possession of Wildlife Lead to Other Charges?

Yes.  One investigation may result in several charges where separate hunting, tagging, transportation, commercial, or enforcement requirements are involved.

Depending on the facts, additional charges may concern:

• Hunting without a required licence or tag;
• Hunting during a closed season or at night;
• Exceeding available tag or harvest authority;
• Tag invalidation, attachment, label, or identification requirements;
• Illegal transportation, import, export, purchase, or sale of wildlife;
• Possession of wildlife obtained contrary to the laws of another jurisdiction; or
• False statements, obstruction, or an applicable reporting requirement.

Each charge has separate legal requirements.  A section 12 possession charge should not be treated as interchangeable with another wildlife offence.

What Law Applies?

Section 12 of Ontario's Fish and Wildlife Conservation Act, 1997 provides that a person shall not possess wildlife that has been killed, injured, or captured contrary to the Act or regulations.

Section 1 provides that references to an animal or wildlife include the animal whether alive or dead and include the whole or any part of the animal.  Section 12 can therefore apply to identifiable wildlife parts as well as an intact animal.

The underlying illegality may involve a licence or tag, an open or closed season, a Wildlife Management Unit, species or harvest restrictions, party hunting, night hunting, a prohibited method, or another rule affecting whether the wildlife was lawfully killed, injured, or captured.

Section 58 is different from section 12.  It contains separate rules concerning possession in Ontario of wildlife, invertebrates, or fish obtained or removed contrary to the laws of another jurisdiction.

The precise section shown on the ticket or summons must be reviewed.  “Illegal Possession of Wildlife” is a public facing description, but the actual charge may arise under section 12 or another possession provision.

What Must Be Proven?

The prosecutor, the lawyer or representative presenting the government's case, must prove every required part of the charge beyond a reasonable doubt.  Beyond a reasonable doubt is the high legal standard the prosecutor must meet before the court can find you guilty.

For a section 12 charge, the prosecutor may need to establish that:

• You were the person involved in the possession described in the charge;
• The item was wildlife or a part of wildlife covered by the Act;
• You possessed that wildlife or wildlife part;
• The wildlife had been killed, injured, or captured contrary to the Fish and Wildlife Conservation Act, 1997 or its regulations; and
• The possession occurred in Ontario on the date and at the location stated in the charge.

The prosecution must prove more than the mere presence of wildlife.  Knowledge that the wildlife was present, access, custody, and control may be relevant to whether possession is established, especially in a shared location.

Section 12 does not say that the person must know the wildlife was unlawfully killed, injured, or captured.  What the person knew or reasonably believed about its source may nevertheless matter to possession and to a defence under section 101.

The prosecution must also establish the underlying illegality.  An inability to produce a receipt, licence record, or tag on demand does not by itself prove an illegal kill, injury, or capture.

What Common Situations Lead to This Charge?

Wildlife Was Found in a Shared Freezer or Vehicle

Several people may share a residence, camp, freezer, or vehicle.  The investigation may focus on who knew the wildlife was present and who exercised custody or control over it.

A Hunter Gave Wildlife to a Friend or Relative

The recipient may have believed that the wildlife was lawfully harvested.  The source, tag records, transfer circumstances, packaging, and what the recipient knew may become important.

The Wildlife Came From an Earlier Season

Frozen meat or stored wildlife parts may have been lawfully obtained months or years earlier.  Tags, photographs, processor records, hunter reports, freezer labels, and other records may help establish their history.

The Licence, Tag, or Party Authority Was Disputed

The wildlife may have been harvested under authority that did not apply to the species, type, age, sex, Wildlife Management Unit, season, hunter, or party arrangement involved.

The Species or Quantity Was Disputed

Packaged meat, hides, antlers, feathers, or other remains may be difficult to identify or count.  Scientific evidence, packaging, records, photographs, and witness evidence may become important.

The Wildlife Came From Outside Ontario

The investigation may involve whether the wildlife was lawfully obtained or removed in another jurisdiction.  A charge involving wildlife obtained contrary to another jurisdiction's laws may arise under section 58 rather than section 12.

What Is the Fine for Illegal Possession of Wildlife?

The current Ontario set fine for a section 12 possession offence is $200.  The set fine schedule contains separate $200 entries depending on whether the wildlife was illegally killed, injured, or captured.

• Possess illegally killed wildlife: $200;
• Possess illegally injured wildlife: $200; and
• Possess illegally captured wildlife: $200.

A set fine is the preset fine used when an offence is dealt with by ticket.  The total payable amount may be higher after the victim fine surcharge and applicable court costs are added.

A set fine is different from the maximum penalty available after conviction.  Under section 102 of the Fish and Wildlife Conservation Act, 1997, the general maximum penalty for an individual may include:

• A fine of up to $25,000;
• Imprisonment for up to one year; or
• Both a fine and imprisonment.

These are statutory maximums, not the automatic or usual result of every illegal possession conviction.  The outcome may depend on the wildlife involved, its quantity or value, how it was obtained, the number of charges, the person's record, and other legally relevant circumstances.

What Other Consequences Are Possible?

A conviction may also lead to forfeiture issues involving wildlife or other seized property, probation or another court order, and a discretionary order under section 104 restricting a licence or authorization related to the offence.

If a section 104 restriction is ordered for a kind of licence or authorization already held by the person, the court must also order that licence or authorization cancelled.

What Evidence May Be Used?

Illegal possession cases often depend on evidence showing the source of the wildlife, who possessed it, and whether it was lawfully killed, injured, or captured.

Officer, Witness, and Electronic Evidence

Conservation Officer notes, reports, photographs, recordings, witness statements, messages, social media, GPS or phone location information, and evidence showing who occupied or controlled the location may be relevant.

Licence, Tag, and Harvest Records

Licences, tags, Licence Summaries, permits, hunter reports, season and Wildlife Management Unit information, processor or taxidermy records, receipts, freezer labels, packaging, and transfer, import, or export records may help establish the wildlife's source.

Wildlife and Physical Evidence

The wildlife or parts, scientific or DNA testing, vehicles, coolers, storage evidence, firearms, bows, ammunition, hunting equipment, and documents concerning seized property may also be used.

Disclosure is the evidence and information the prosecutor intends to rely upon.  It should be requested and reviewed before deciding how to respond to a disputed charge.

What Possible Defences or Legal Issues May Apply?

Possible defences depend on whether the wildlife was possessed, whether it was unlawfully killed, injured, or captured, what the person knew or reasonably believed, and the reliability of the evidence.  Not every issue applies to every case.

Lawful Harvest or Lawful Source

• The wildlife was lawfully harvested: Licensing, tag, season, hunter report, photograph, or witness evidence may establish a lawful harvest.
• Valid authority applied: A licence, tag, permit, party hunting arrangement, or other authorization may have covered the harvest.
• The wildlife came from a previous lawful season: Packaging, processor records, photographs, freezer labels, or tag information may establish that history.
• The wildlife was lawfully transferred or gifted: Records and witness evidence may establish the source and transfer.
• The wildlife came from another lawful source: Receipts or permits may support a lawful farm, purchase, import, or other source.

Possession, Knowledge, and Control

• You did not possess the wildlife: The evidence may not establish custody or control over the wildlife.
• You did not know the wildlife was present: A shared freezer, vehicle, residence, camp, or storage area may have been used by several people.
• The wildlife belonged to another person: Ownership is not decisive, but it may help show who knew about and controlled it.
• You handled the wildlife temporarily for a lawful purpose: The circumstances may affect whether possession is established.
• You were incorrectly identified: The evidence may not establish that you were the person who possessed or controlled it.

Wildlife Identification and Underlying Offence

• The item was not wildlife covered by the charge: The species or remains may not be reliably identified.
• The quantity was incorrectly determined: Packaged meat, carcass portions, or wildlife belonging to different hunters may have been miscounted or misattributed.
• The underlying offence was not proven: Section 12 requires proof that the wildlife was killed, injured, or captured contrary to Ontario law.
• A harvest fact was wrong: Maps, GPS records, season information, tags, photographs, or scientific evidence may contradict the prosecution's position.

Due Diligence, Mistake of Fact, and Evidence Issues

• Due diligence: Section 101 may provide a defence where you establish that all reasonable care was taken to prevent the offence.
• Honest and reasonable mistake of fact: Section 101 may apply where you honestly and reasonably believed facts that, if true, would make the conduct innocent.
• An Indigenous harvesting right or other lawful authority applied: The facts and legal scope of the asserted right or authority may require review.
• The evidence is incomplete or unreliable: Officer notes, licensing records, photographs, scientific evidence, processor records, or witness accounts may need review.
• Legal issues arose in obtaining evidence: A detention, inspection, search, seizure, questioning, or statement may raise legal issues.

Simply saying that someone else harvested the wildlife does not resolve whether you possessed it.  Its source, your connection to it, and the evidence concerning knowledge, custody, or control may all matter.

Could Wildlife, Firearms, Vehicles, Freezers, or Other Property Be Seized or Forfeited?

Yes.  Wildlife and other property connected with a suspected offence may be seized where the legal requirements for seizure are met.

Depending on the circumstances, seized property may include:

• Wildlife carcasses, meat, antlers, hides, feathers, eggs, or other parts;
• Tags, licences, permits, receipts, and hunting documents;
• Firearms, bows, ammunition, and hunting equipment;
• Vehicles, ATVs, snowmobiles, boats, trailers, or aircraft;
• Coolers, freezers, containers, or processing equipment;
• Phones, cameras, GPS devices, computers, or electronic records; and
• Other property believed to have been used in or to provide evidence of an offence.

Seizure means property has been taken into official custody; it does not automatically mean ownership has been permanently lost.  Forfeiture means permanent loss of ownership through a court order or another lawful process.

If there is a conviction, wildlife seized in connection with the offence is forfeited to the Crown.  Other seized property may be forfeited where a court makes an authorized order.

Keep every seizure notice, property inventory, receipt, ownership record, and communication concerning the seized property.

What Happens Next?

What happens next depends on whether you received a ticket or summons and whether additional hunting, tagging, transportation, or wildlife charges were laid.

A ticket generally provides response options and a deadline.  A summons must be answered as directed.

If you dispute the charge, disclosure can be requested and reviewed before deciding how to proceed.  The charge may then be discussed with the prosecutor, resolved without a trial, or proceed to trial.

At trial, the prosecutor must prove every required part of the offence beyond a reasonable doubt.

If there is a conviction, the court will determine the fine or other sentence and whether any additional order concerning hunting privileges, forfeiture, seized property, probation, or another authorized consequence should be made.

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

• Section 12 prohibits possessing wildlife that was killed, injured, or captured contrary to Ontario's Fish and Wildlife Conservation Act, 1997 or its regulations;
• A person can face a section 12 charge even where someone else killed, injured, or captured the wildlife;
• The prosecution must establish the required possession and the underlying illegality of the kill, injury, or capture;
• Wildlife found in a shared vehicle, residence, camp, or freezer does not automatically establish possession by every person who had access to the location;
• An inability to immediately establish the lawful source of wildlife does not by itself prove a section 12 offence;
• The current set fine is $200 for possessing illegally killed, illegally injured, or illegally captured wildlife; and
• Wildlife and other property may be seized, while forfeiture and restrictions affecting hunting privileges require separate legal authority.

Conclusion

Illegal possession of wildlife under section 12 concerns possession of wildlife that was killed, injured, or captured contrary to Ontario's Fish and Wildlife Conservation Act, 1997 or its regulations.  The charge can apply even where another person carried out the unlawful harvest.

The source of the wildlife, possession evidence, licences, tags, permits, transfer records, storage arrangements, scientific evidence, witness statements, and the circumstances in which the wildlife was found may all affect the case.

Before paying a ticket or responding to a summons, review the precise charge, the evidence connecting you to the wildlife, the underlying offence, and the possible consequences so that you understand the charge and the options available.