Hunting Deer During a Closed Season in Ontario:

I Received a Ticket or Summons.  What Should I Do?

Read every document carefully and do not ignore the response deadline or required court date. The exact wording and section number matter because a closed-season charge is different from an allegation involving the wrong firearm class, a controlled deer hunt, a licence, or a tag.

Paying a ticket will usually be treated as pleading guilty and will result in a conviction without a trial.  A summons is not an ordinary payable ticket and must be answered in the manner stated.

Before deciding how to respond, check:

• The exact wording and section number of every charge;
• The alleged date, time, location, and Wildlife Management Unit;
• The open-season entry that allegedly applied;
• Whether you were treated as a resident or non-resident;
• What firearm, bow, or other hunting equipment was allegedly used or carried;
• Whether a controlled deer hunt, party hunt, apprentice, or Farmer’s Deer Licence was involved; and
• Whether deer or other property was seized.

Keep your ticket or summons, Outdoors Card, Licence Summary, licences, tags, controlled-hunt records, maps, GPS information, photographs, messages, trail-camera records, receipts, and seizure documents.  Do not delete or alter information that may be relevant.

Consider obtaining legal advice before paying the ticket, entering a plea, or giving an additional written or recorded statement.  What you say after the incident may become part of the prosecution evidence.

Should I Pay the Ticket?

Paying the ticket will generally be treated as a guilty plea and will result in a conviction. Before paying, make sure you understand which season the Conservation Officer says was closed and whether the charge accurately describes what happened.

The date and location should be compared with the open-season rules in force on the alleged offence date.  Where a Wildlife Management Unit boundary, resident or non-resident season, bows-only period, controlled hunt, or firearm class is involved, the wording and section number should be reviewed carefully.

The amount printed on the ticket may not be the only possible consequence.  A conviction may affect hunting privileges or seized property and may appear alongside additional deer, firearm, vehicle, road, night-hunting, or property-related charges.

What Is Hunting Deer During a Closed Season?

This charge generally alleges that you hunted white-tailed deer during a period when the applicable open-season rules did not permit deer hunting.

The allegation may arise where a person allegedly:

• Hunted before the applicable deer season opened;
• Continued hunting after the season ended;
• Hunted in a Wildlife Management Unit where deer season was closed;
• Relied on the season dates for a different Wildlife Management Unit;
• Hunted during a season that did not apply to their resident or non-resident status;
• Crossed into an area where the applicable deer season was closed; or
• Relied on an earlier year’s season information.

The first and last dates listed for an open season are generally included.  Hunting before the first listed date or after the last listed date may therefore lead to a closed-season allegation.

A closed-season investigation may also uncover a licence, tag, antlerless-deer, controlled-hunt, firearm, possession, or transportation issue.  Those allegations have their own legal requirements and do not automatically prove the closed-season charge.  For an overview of other deer-specific allegations, see Deer Hunting Charges.

How Do Ontario Deer Seasons Work?

Ontario does not have one deer season that applies to every hunter and every location. The applicable rule must be identified for the alleged date and place.

Important factors may include:

• The Wildlife Management Unit or specified part of a unit;
• The opening and closing dates;
• The hunter’s resident or non-resident status;
• The firearm class authorized for the open season;
• Whether a controlled deer hunt period applied; and
• Any geographic or season-specific condition.

A season may be open in one Wildlife Management Unit while remaining closed in a neighbouring unit.  Some units also have different periods for bows, guns, muzzle-loading guns, residents, non-residents, or controlled deer hunts.

Deer seasons and related conditions are reviewed annually and may change. Hunters should consult the current Ontario Hunting Regulations Summary before every season and confirm the legislation and season tables in force.  A saved webpage, screenshot, calendar, or previous year’s summary may no longer be accurate.

Does a Bows-Only Season or Controlled Deer Hunt Affect the Charge?

Yes, but the exact legal issue must be identified. A bows-only period, a controlled deer hunt, and a completely closed deer season are related concepts, but they are not interchangeable charges.

Bows-Only Seasons

Ontario law treats a bow or crossbow as a firearm for hunting-law purposes, but the deer season tables distinguish bows from other firearm classes.  During a bows-only season, a hunter may use or carry only a bow that is lawful for that season.

Section 70 of Ontario Regulation 665/98 separately prohibits a person hunting deer from using or carrying a firearm that is not of a class specified for the applicable open season.  A rifle, shotgun, or muzzle-loading gun used or carried during a bows-only period may therefore lead to a firearm-class allegation rather than, or in addition to, a closed-season charge.  The section written on the ticket controls what must be proven.

Controlled Deer Hunts

A controlled deer hunt is a limited open season with additional eligibility and validation rules.  During a controlled hunt period that is not limited to bows, a hunter other than an eligible apprentice generally requires a controlled deer hunt validation for the specific Wildlife Management Unit and hunt period.  The validation appears on the hunter’s Licence Summary.

Section 38 of Ontario Regulation 665/98 contains a separate controlled-deer-hunt rule.  Hunting during a controlled hunt without the required validation may therefore result in a controlled-hunt charge.  It should not automatically be described as proof of a section 25 closed-season offence.

An eligible apprentice hunter may participate under the direct and immediate supervision of a qualified mentor when the applicable apprenticeship and controlled-hunt requirements are met.  Other hunters participating during a controlled hunt should confirm whether their own Licence Summary requires the validation for that specific hunt.

Do a Licence, Tag, Party Hunt, or Farmer’s Licence Make the Season Open?

No.  Hunting documents and arrangements do not create an open deer season. A Deer Licence, Farmer’s Deer Licence, tag, party-hunting arrangement, or apprentice status provides authority only when all other legal requirements are met.  None permits deer hunting before the applicable season opens or after it closes.

If a document or arrangement allegedly failed for another reason, a separate licence, tag, party-hunting, controlled-hunt, or firearm allegation may apply.  The wording and section number on the ticket or summons determine what must be proven.

What Law Applies?

These charges are governed primarily by Ontario’s Fish and Wildlife Conservation Act, 1997, Ontario Regulation 665/98, and Ontario Regulation 670/98.

The Act defines big game to include white-tailed deer.  It defines an open season as the period during which hunting a species is permitted and a closed season as the period during which hunting that species is not permitted.

Section 25(2) of Ontario Regulation 665/98 prohibits hunting game wildlife during the closed season identified through the applicable open-season tables.  Ontario Regulation 670/98 contains the deer open-season table, including entries based on area, dates, resident or non-resident status, and firearm class.

Other provisions may apply to related conduct.  Section 70 addresses the class of firearm used or carried while hunting deer, and section 38 addresses controlled deer hunts.  This is why a person should start with the precise offence wording and section number rather than relying only on an officer’s informal description.

These are regulatory offences—offences created by legislation to regulate conduct.  The prosecutor may not have to prove mens rea—Latin for “guilty mind” [the legally required mental element]—in the same way required for many criminal offences.

Section 101 of the Act provides that a person must not be convicted if the person establishes that they exercised all due diligence to prevent the offence, or honestly and reasonably believed in facts that, if true, would make the conduct innocent. Due diligence means taking all reasonable care in the circumstances.

What Must Be Proven?

The prosecutor must prove every required part of the offence beyond a reasonable doubt. For a section 25(2) closed-season charge involving deer, the prosecution may need to establish that:

• You were the person involved;
• Your conduct legally amounted to hunting;
• The wildlife involved was white-tailed deer;
• The hunting occurred on the alleged date and at the alleged location;
• The applicable deer season was closed; and
• The evidence proves the offence actually written on the ticket or summons.

If the allegation depends on a Wildlife Management Unit boundary, the prosecution must establish where the hunting occurred.  If resident and non-resident periods differed, the prosecution must establish the category and open-season entry it relies upon.

The prosecution must prove your conduct, not merely the conduct of someone else in the hunting group.  Being present with hunters does not automatically establish that you were personally hunting.

Some legal provisions place particular evidentiary burdens on the accused.  For example, section 107 of the Act says that if a licence is relied upon as a defence, the defendant has the burden of proving that the required licence was held.

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

Yes.  Ontario’s definition of hunting includes much more than killing a deer. It includes lying in wait for, searching for, being on the trail of, pursuing, chasing, or shooting at wildlife, whether or not the wildlife is killed, injured, captured, or harassed.  It also includes capturing or harassing wildlife.

An allegation may arise from waiting for deer in a blind, following fresh tracks, pushing deer toward other hunters, using calls or rattling antlers, pursuing a wounded deer, or shooting and missing.  The purpose and surrounding circumstances matter.

Scouting is not automatically hunting. The Act excludes searching for, following, or pursuing wildlife for a purpose other than attempting to kill, injure, capture, or harass it, unless the wildlife is actually killed, injured, captured, or harassed as a result.

A person may therefore say they were photographing wildlife, checking trail cameras, preparing a stand for a future season, working on property, retrieving equipment, travelling, or accompanying another hunter.  Equipment, location, conduct, communications, and explanations may be used to decide whether the activity had a hunting purpose.

What Common Situations Lead to This Charge?

The Hunter Used the Wrong Year’s Dates

The person may have relied on an old regulations summary, saved webpage, screenshot, calendar, or another hunter’s memory.

The Wrong Wildlife Management Unit Was Used

The season may have been open in one unit but closed in a neighbouring unit or specified part of a unit.  Maps, property boundaries, roads, lakes, and GPS records may become important.

The Hunt Began Too Early or Continued Too Late

The person may have entered the field before opening day or continued pursuing deer after the final date.  A dispute may arise over when scouting, preparation, tracking, or retrieval became hunting.

The Hunter Crossed a Boundary

The activity may have begun where the season was open before crossing into a Wildlife Management Unit or area where it was closed.

The Charge Actually Concerns a Firearm or Controlled Hunt

The officer may allege that a gun was used during a bows-only period or that the person lacked a controlled-hunt validation.  The ticket may use section 70 or section 38 rather than the section 25 closed-season provision.

The Person Says They Were Not Hunting

The person may say they were scouting, photographing deer, checking cameras, working on land, retrieving property, travelling, or accompanying another person.

What Is the Fine?

The currently identified Ontario set fine for “Hunt during the closed season — deer” under section 25(2) is $500. A set fine is the fine assigned 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.

The precise set fine should be confirmed using the charge wording, regulation provision, and set-fine schedule in force on the alleged offence date.  A charge under the firearm-class or controlled-deer-hunt provision may have a different set fine.

Section 102 of the Fish and Wildlife Conservation Act, 1997 provides a general maximum penalty for an individual of a fine up to $25,000, imprisonment for up to one year, or both. These are statutory maximums, not the automatic or usual result of every closed-season charge.

A court may also make an order affecting a hunting licence or authorization where the legal requirements are met.  Other possible consequences may involve a victim fine surcharge, court costs, forfeiture of unlawfully obtained wildlife, or orders concerning seized property.

For more information about possible effects on hunting privileges, see Hunting Licence Suspensions.

What Evidence Is Commonly Used?

These cases often turn on evidence showing where and when the activity occurred, which season applied, and whether the person was hunting.

Season and Location Evidence

Open-season tables, Wildlife Management Unit maps, GPS coordinates, property records, roads, lakes, photographs, and timestamps may be used to identify the applicable season and alleged hunting location.

Officer, Witness, and Electronic Evidence

Conservation Officer notes, reports, recordings, body-camera footage, witness statements, phone-location information, GPS tracks, messages, hunting-group communications, trail-camera records, photographs, videos, and social-media content may be used to reconstruct the activity.

Hunting Documents, Equipment, and Wildlife Evidence

Outdoors Card records, Licence Summaries, licences, tags, controlled-hunt validations, purchase records, firearms, bows, ammunition, hunting equipment, deer or deer parts, processor records, and seizure documents may be relevant to the charge.

Section 109 of the Act creates an evidentiary rule.  Proof that a person possessed a firearm, decoy, or other hunting device in an area usually inhabited by wildlife is proof of hunting in the absence of evidence to the contrary.  This does not automatically prove every other part of the closed-season charge.

Disclosure is the evidence 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 the exact charge, date, location, applicable season, and available evidence. Issues that may need to be reviewed include:

• The deer season was open: The correct open-season entry may show that deer hunting was permitted at the alleged time and place;
• The date or location was wrong: Maps, GPS data, photographs, metadata, property records, receipts, or witnesses may dispute when or where the activity occurred;
• You were not hunting: The evidence may support scouting, photography, work, travel, equipment retrieval, or another non-hunting purpose;
• You were not the person involved: Officer observations, photographs, video, or witness accounts may not reliably identify the hunter;
• Another legal authority applied: A permit, authorization, or constitutionally protected harvesting right may be relevant where supported by the facts;
• Due diligence was exercised: The evidence may show that you took all reasonable care to confirm and follow the applicable season; or
• An honest and reasonable mistake of fact occurred: You may have honestly and reasonably believed facts that, if true, would have made the conduct innocent.

Due diligence requires more than an absence of intent to break the law.  Simply not knowing the season dates or relying on an old summary may not establish the defence.

A mistake about the law is also different from a mistake about a fact.  An honestly and reasonably mistaken belief about the physical location of a Wildlife Management Unit boundary may raise a factual issue; merely misunderstanding what the regulation requires may not.

Could Deer, Firearms, Vehicles, or Hunting Equipment Be Seized?

Yes.  A Conservation Officer may seize wildlife or other property where the applicable legal requirements are met. Depending on the circumstances, this may include deer or deer parts, firearms, bows, vehicles, hunting equipment, documents, phones, cameras, or GPS devices.

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

Keep every seizure notice, inventory, receipt, occurrence number, and other document provided by the Conservation Officer.  Whether property must be returned or may be forfeited depends on the legal authority used, the property, the charges, and the outcome.

What Happens Next?

What happens next depends on whether you received a ticket or summons, how you respond, and whether additional charges were laid. If you dispute the allegation, request and review disclosure before making an informed decision.

The case may be resolved without a trial or may proceed to trial.  At trial, the prosecutor must prove every required part of the charge beyond a reasonable doubt.  If there is a conviction, the court determines the penalty and any legally available order concerning hunting privileges or seized property.

Where several hunters were present, each person’s conduct, documents, and alleged role should be considered separately.  One person’s licence, tag, validation, or conduct does not automatically determine whether another person committed the offence.

How Can DefendCharges.ca Help?

DefendCharges.ca can review the precise charge, the alleged date and location, the applicable deer-season entry, and the evidence used to claim that you were hunting during a closed season.

DefendCharges.ca can request and review disclosure, compare the evidence with the season rules that applied on the alleged offence date, identify factual and legal issues, communicate with the prosecutor, explain possible outcomes, and represent you during the court process where permitted.

The same incident may also involve Hunting Without a Deer Licence, Hunting Deer Without a Tag, Hunting Antlerless Deer Without Authorization, Hunting Deer at Night, or Illegal Deer Possession.  Each allegation should be reviewed separately.

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

• Hunting deer out of season is another common description for hunting deer during a closed season.
• A Deer Licence, Deer Tag, party hunt, apprentice arrangement, or Farmer’s Deer Licence does not create an open season.
• A wrong-firearm or controlled-hunt allegation may involve a different legal provision from the section 25 closed-season charge.
• Season dates and conditions should be checked in the current Ontario Hunting Regulations Summary before every season.
• You may be charged even if no deer was shot or killed, but scouting or merely accompanying hunters is not automatically hunting.
• The prosecutor must prove the offence actually written on the ticket or summons.
• Consider obtaining legal advice before paying a ticket, entering a plea, or giving an additional statement.

Conclusion

Being charged with hunting deer during a closed season does not automatically mean you will be convicted.  The prosecutor must prove that your conduct legally amounted to hunting white-tailed deer and that the applicable season was closed at the alleged time and location.

The date, Wildlife Management Unit, resident or non-resident status, open-season table, equipment, maps, electronic records, and your actual purpose may affect the case.  Before paying a ticket or responding to a summons, make sure you understand the exact allegation, the section used, the possible consequences, and your legal options.