Hunting Black Bear During a Closed Season in Ontario:

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Last Updated: August 29 2026

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Question:What should I do if I was charged with hunting black bear during a closed season in Ontario?

Answer:If you received a hunting ticket or summons for hunting black bear during a closed season in Ontario, review the exact offence wording and section number, confirm the alleged date, time, and Wildlife Management Unit boundary on the charge, and preserve all documents and seized items records because the key issue is whether your conduct legally amounted to hunting when no open season permitted it for that location and time.  Don’t pay or miss deadlines until you verify the WMU, season tables, and mapping details match the regulation in force on your charge date.  For a paralegal-led review of your summons and evidence, DefendCharges.ca™ can help you prepare a response strategy for Ontario provincial offences, call (647) 559-3377.

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Hunting Black Bear During a Closed Season in Ontario

Received a hunting ticket or summons for hunting black bear during a closed season in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  A conviction may result in a fine and may also affect your hunting privileges or seized property.

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

Do not panic.  Being charged does not automatically mean you will be convicted.  Many people also call this hunting black bear out of season.  The central issue is whether your conduct legally amounted to hunting black bear when no applicable open season permitted that activity at the relevant time and place.

This page explains how black bear seasons and Wildlife Management Units affect the charge, what law applies, what must be proven, the current set fine, evidence, possible defences, seizure and forfeiture, and what may happen in court.  If your documents list several black bear charges, see Black Bear Hunting Charges to identify the charges you may be facing.

What Should I Do Next?

Read every document carefully and do not ignore the response deadline or required court date.  The wording and section number on the ticket or summons identify the exact charge that must be answered.

Before deciding how to respond, check:

• The exact offence wording and section number;
• The alleged date and approximate time of the hunting activity;
• The Wildlife Management Unit and whether the location was near a legal boundary;
• Whether a spring or fall black bear season applied in that area;
• What you were doing when the Conservation Officer says you were hunting; and
• Whether a black bear, firearm, vehicle, phone, hunting equipment, or other property was seized.

Keep your ticket, summons, seizure paperwork, Licence Summary, Bear Licence, Bear Tag information, maps, photographs, GPS records, messages, hunting notes, and any documents provided by the Conservation Officer.  Preserve original electronic records and do not delete or alter information that may be relevant.

A closed season charge is different from hunting without a Bear Licence, hunting without applicable Bear Tag authority, illegal bear baiting, hunting at night, or another black bear offence.  The same investigation may have resulted in several charges, but each charge has its own legal requirements.

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, make sure the date, location, Wildlife Management Unit, season, and activity described in the charge have been correctly identified.

You may believe you were in one Wildlife Management Unit while the Conservation Officer says you crossed into another.  You may also have relied on old season information or a general mapping application that did not show the legal boundary accurately.

The amount shown on a ticket is not necessarily the only issue.  A conviction may affect hunting privileges or seized property where authorized by law, and additional charges arising from the same incident may have separate consequences.

What Is Hunting Black Bear During a Closed Season?

This charge generally concerns whether you hunted black bear at a time or in an area where no legally applicable open black bear season permitted the activity.

A closed season is the period during which hunting, trapping, or fishing for a species is not permitted.  An open season is the period during which the activity is permitted, subject to all other hunting rules that still apply.

Your charge may concern whether you:

• Hunted before an applicable spring season opened;
• Continued hunting after a spring season ended;
• Hunted before an applicable fall season opened;
• Continued hunting after a fall season ended;
• Hunted in a Wildlife Management Unit where no black bear season was open;
• Crossed into an area with different season rules; or
• Relied on season information that did not apply to the actual location.

Your ticket may use the short form wording “Hunt during the closed season - bear” and refer to subsection 25(2) of Ontario Regulation 665/98.  The central question is whether your conduct legally amounted to hunting black bear and whether the applicable season was open at the relevant location and time.  If the same incident resulted in more than one black bear charge, see Black Bear Hunting Charges to identify the other charges you may be facing.

How Do Ontario Black Bear Open Seasons Work?

There is not one single black bear season that applies everywhere in Ontario.  Ontario Regulation 670/98, the Open Seasons—Wildlife Regulation, contains the legal black bear open season table.

Table 2 establishes spring and fall black bear hunting opportunities for specified Wildlife Management Units and geographic areas.  Some areas have both spring and fall opportunities, while other areas have more limited geographic or seasonal opportunities.

The annual Ontario Hunting Regulations Summary presents current season information in a more readable format.  Because hunting rules can change, the law and official season information that applied on the date shown in your charge should be used rather than an old screenshot, calendar, social media post, or memory from an earlier season.

A later change to a season does not determine whether earlier conduct was lawful.  Your case should be assessed using the regulation and official season information in force on the date identified in the charge.

Why Does the Wildlife Management Unit Matter?

The same day can fall within an open black bear season in one area while black bear hunting is closed somewhere else.

A Wildlife Management Unit, commonly called a WMU, is a geographic area Ontario uses to organize hunting opportunities and wildlife management rules.  WMU boundaries may follow roads, waterways, township lines, or other geographic features.

The prosecution may rely on evidence showing exactly where the hunting described in the charge occurred.  Relevant evidence may include:

• GPS coordinates and digital mapping information;
• Conservation Officer observations and location records;
• Property records and legal area descriptions;
• Roads, trails, waterways, and geographic landmarks;
• Photographs, videos, and device location information; and
• Statements from hunters or other witnesses.

A general navigation application may be useful in the field but may not establish the exact legal Wildlife Management Unit boundary.  The applicable season must be identified for the date and area involved in your charge.

What if You Had a Bear Licence or Bear Tag?

Having a Bear Licence or applicable Bear Tag authority does not create, extend, or replace an open season.  A Bear Tag is a component of a hunting licence and does not replace the Bear Licence ordinarily required for an independent black bear hunter.

An ordinary black bear hunter must satisfy the applicable Bear Licence requirement and Bear Tag or lawful party hunting requirement where both apply.  Those authorities permit hunting only when the black bear season is also open and every other applicable requirement is satisfied.

Party hunting does not extend an open season, and another participating hunter's Bear Tag cannot make black bear hunting lawful when the applicable season is closed.

What if the Black Bear Season Was Open?

An open black bear season does not by itself make every form of black bear hunting lawful.  If the season was open, the closed season charge may require careful review, while a separate hunting rule may still be relevant to another charge.

During an open season, hunters may still need to comply with:

• Bear Licence and Bear Tag requirements;
• Party hunting rules;
• Bear baiting restrictions;
• Night hunting and lawful hunting hour rules;
• Vehicle, firearm, and road restrictions;
• Non-resident validation and licensed bear operator requirements; and
• Spring restrictions involving cubs and female bears accompanied by a cub.

These are separate legal requirements.  For example, a spring restriction involving cubs or a firearm restriction applying in a particular Wildlife Management Unit does not automatically become part of a subsection 25(2) closed season charge.  The wording and section number on each ticket or summons determine what must be proven.

What Law Applies?

The principal rules are found in Ontario's Fish and Wildlife Conservation Act, 1997, Ontario Regulation 665/98, commonly called the Hunting Regulation, and Ontario Regulation 670/98, the Open Seasons—Wildlife Regulation.

The Fish and Wildlife Conservation Act, 1997 defines a closed season as the period during which hunting, trapping, or fishing for a species is not permitted.  It defines an open season as the period during which the activity is permitted.

Black bear are classified as big game, a legal category that also includes white-tailed deer, moose, elk, and woodland caribou.

Subsection 25(2) of Ontario Regulation 665/98 generally requires a person hunting game wildlife to hunt in an area specified for the species and during the open season applicable to the person and area.  Table 2 of Ontario Regulation 670/98 contains the black bear open seasons and the areas to which they apply.

Section 101 of the Fish and Wildlife Conservation Act, 1997 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 facts that, if true, would make the conduct innocent.  Due diligence means taking all reasonable care in the circumstances.

Section 109 contains an evidentiary rule that may affect proof of hunting.  In a hunting prosecution, proof that a person possessed a firearm, trap, decoy, or other hunting or trapping device in an area usually inhabited by wildlife is proof of hunting or trapping in the absence of evidence to the contrary.

What Must Be Proven?

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

For a charge of hunting black bear during a closed season under subsection 25(2), the prosecution may need to establish that:

• You were the person involved in the conduct;
• Your conduct legally amounted to hunting;
• The game wildlife involved was black bear or your conduct was directed toward black bear;
• The activity occurred at the location and on the date stated in the charge; and
• The applicable open season table did not authorize that black bear hunting for the area and time involved.

Where the charge depends on a Wildlife Management Unit or geographic boundary, the prosecutor must establish the location needed to identify the correct season.  Where the conduct occurred close to the opening or closing of a season, the date and timing evidence may also be important.

An exception created by law, another lawful authority, or a constitutionally protected Indigenous harvesting right may affect the analysis.  The legal effect of an exception depends on the law, the evidence, and the applicable legal burden.

Section 101 places the burden on a person relying on due diligence or an honest and reasonable mistake of fact to establish that defence.  That burden is different from the prosecutor's obligation to prove the required parts of the closed season charge beyond a reasonable doubt.

Does This Charge Require a Black Bear to Have Been Shot or Killed?

No.  A closed season charge can apply even if no black bear was shot, injured, captured, or killed if your conduct legally amounted to hunting.

Ontario law defines hunting broadly.  It can include lying in wait for, searching for, being on the trail of, pursuing, chasing, shooting at, capturing, or harassing wildlife in the circumstances covered by the statutory definition.

Your charge may concern tracking or pursuing a bear, waiting at a bait site for the purpose of hunting, coordinating an active hunt, or shooting and missing while the applicable season was closed.

Being outdoors with hunters does not automatically prove that you were personally hunting.  Your purpose, conduct, equipment, location, statements, and role in the group may all be relevant.

What Common Situations Are Involved in This Charge?

You Relied on the Wrong Year's Season Information

You may have relied on an older regulations summary, saved webpage, screenshot, calendar, or information from a previous hunting season.

The Wrong Wildlife Management Unit Was Used

You may have planned the hunt using the season for one Wildlife Management Unit while the activity described in the charge occurred in another.

The Spring or Fall Season Had Not Opened

The charge may concern hunting activity that the Conservation Officer says began before the first legal day of the applicable season.

The Applicable Season Had Ended

The charge may concern continued tracking, waiting, pursuing, calling, or other hunting activity after the final day of the applicable black bear season.

You Crossed a Wildlife Management Unit Boundary

The activity may have started in an area with an open season and continued across a road, trail, waterway, logging route, or other boundary into an area where black bear hunting was closed.

You Believed the Bear Licence or Bear Tag Extended the Season

You may have held the required hunting documents but misunderstood whether those documents permitted hunting before the season opened or after it closed.  Licence and tag authority do not create or extend an open season.

You Say You Were Not Hunting

You may say you were scouting, travelling, checking equipment, photographing wildlife, retrieving property, or assisting another person rather than hunting.  Whether your conduct legally amounted to hunting depends on its purpose and the available evidence.

What Is the Fine?

The current Ontario set fine for “Hunt during the closed season - bear” under subsection 25(2) of Ontario Regulation 665/98 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 set fine is different from the maximum penalty a court may impose after conviction.  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, unless another penalty provision applies.  These are statutory maximums, not the automatic or usual result of every black bear closed season charge.

Section 104 may also permit a court to make an order affecting licences, authorizations, or regulated hunting activity after conviction where the legal requirements are met.  Such an order is not automatic in every closed season case.

What Evidence May Be Used?

A closed season case usually combines evidence of hunting with evidence establishing the date and exact location.

Conservation Officer and Witness Evidence

Conservation Officer observations, notes, photographs, recordings, statements, and witness accounts may describe what you were doing, where you were located, who was with you, and what equipment was present.

Season and Location Evidence

The prosecution may rely on the applicable open season table, Wildlife Management Unit maps, geographic descriptions, GPS coordinates, property information, roads, trails, waterways, landmarks, and other location evidence.

Electronic Evidence

Phone location information, GPS tracks, messages, photographs, videos, trail camera records, social media posts, and timestamps may help establish where and when the hunting described in the charge occurred.

Hunting and Wildlife Evidence

Firearms, bows, ammunition, bait sites, tree stands, blinds, calls, hunting clothing, vehicles, ATVs, a harvested black bear, bear parts, blood, hair, tracks, or other physical evidence may be relevant to whether hunting occurred.

No single item necessarily proves the charge.  The evidence must be considered in relation to the requirements of the particular offence.

Disclosure is the relevant information and evidence in the prosecution's possession or control that you are entitled to receive, subject to the law.  It should be reviewed before making important decisions about a disputed charge.

What Possible Defences or Legal Issues May Apply?

Possible defences and legal issues depend on the exact charge, location, date, applicable season, and evidence.  No defence automatically guarantees that a charge will be withdrawn or dismissed.

The Black Bear Season Was Open

The applicable season table may show that black bear hunting was legally open in the area on the date shown in your charge.  An error about the Wildlife Management Unit, geographic area, date, or applicable table may affect the prosecution's case.

The Location or Date Is Wrong

GPS records, maps, photographs, landmarks, property information, messages, timestamps, vehicle records, or witness evidence may place the activity in an open area or on a different date.

You Were Not Hunting

Scouting, hiking, photographing wildlife, travelling, checking property, retrieving equipment, or being present with another hunter does not automatically amount to hunting.  The legal definition, section 109 evidentiary rule, purpose, and surrounding evidence must be considered.

The Evidence Does Not Establish Black Bear Hunting

The prosecutor must connect the conduct described in the charge to black bear.  Evidence showing only general outdoor activity, possession of equipment, or the presence of another species may not establish every required part of the charge.

Due Diligence May Apply

Section 101 may provide a defence where you establish that you exercised all due diligence to prevent the offence.  The court may consider which official season information and maps you checked, whether you verified the Wildlife Management Unit, what information was available, and what reasonable steps you took before hunting.

An Honest and Reasonable Mistake of Fact May Apply

Section 101 also recognizes a defence where you honestly and reasonably believed facts that, if true, would have made the conduct innocent.  For example, the issue may involve an honest and reasonable factual mistake about your physical location near a Wildlife Management Unit boundary.  Misunderstanding the law is different from being mistaken about an underlying fact.

Problems With the Evidence or How It Was Obtained

Conservation Officer notes, statements, GPS information, photographs, witness evidence, mapping records, or identification evidence may be incomplete, inconsistent, or unreliable.  Legal issues involving a detention, search, seizure, questioning, or statement may also require review depending on the circumstances.

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

Yes, where the legal requirements for seizure or forfeiture are met.  Depending on the investigation, seized property may include:

• A black bear carcass, meat, hide, skull, or other bear parts;
• Firearms, bows, ammunition, and hunting equipment;
• Phones, cameras, GPS devices, or electronic records;
• Vehicles, ATVs, snowmobiles, boats, or trailers;
• Licences, Bear Tags, maps, and hunting documents; and
• Other property believed to provide evidence of or be connected to an offence.

Seizure means property has been taken into official custody.  It does not establish guilt or automatically mean ownership has been permanently lost.

Forfeiture means ownership is permanently lost through a legally authorized process.  Wildlife seized in connection with an offence may be forfeited following conviction as provided by law, and other seized property may also be subject to an authorized forfeiture order.

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

What Happens in Court?

What happens in court depends on whether you received a ticket or summons, how you respond, and whether additional charges were laid.  A disputed matter may be resolved before trial or may proceed to trial.

If you dispute the charge, disclosure should be requested and reviewed.  Important material may include Conservation Officer notes, statements, GPS information, season tables, Wildlife Management Unit maps, photographs, electronic information, wildlife evidence, and seizure documentation.

The review should identify exactly where the prosecutor says you were hunting, which black bear season applied, how the date was established, and what conduct the Conservation Officer says amounted to hunting.

If the case proceeds to trial, the prosecutor must prove every required part of the charge beyond a reasonable doubt, subject to any legal burden that applies.  If there is a conviction, the court determines the applicable penalty and any legally available order concerning hunting activity or seized property.

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

• Hunting black bear during a closed season is also commonly called hunting black bear out of season.
• The applicable black bear season depends on the date, location, Wildlife Management Unit, and legally applicable open season table.
• A Bear Licence, Bear Tag, or party hunting arrangement does not create or extend an open season.
• A Bear Tag is a component of a hunting licence and does not replace the Bear Licence ordinarily required for an independent black bear hunter.
• This charge does not require that a black bear was shot or killed if your conduct legally amounted to hunting.
• The current Ontario set fine for “Hunt during the closed season - bear” under subsection 25(2) is $500.
• GPS, mapping, date, location, Conservation Officer, and electronic evidence may be central to the case.

Conclusion

Being charged with hunting black bear during a closed season does not automatically mean you will be convicted.  The case depends on whether your conduct legally amounted to hunting black bear and whether the applicable season was closed at the relevant time and location.

The applicable open season table, Wildlife Management Unit, date, location, licensing and Bear Tag records, and evidence concerning what you were doing may all be important.  Before paying a ticket or responding to a summons, make sure you understand the precise charge, the possible consequences, and your legal options.