Last Updated: September 06 2026
I got a hunting at night ticket in Ontario; should I pay it or contest it?
DefendCharges.ca™ can help you assess your ticket or summons and plan your response in Ontario, including the prohibited nighttime period, the exact wording of each charge (hunting wildlife, possessing a firearm, or shining artificial light), and what evidence the Conservation Officer must prove. If you pay, it’s often treated as pleading guilty, which can lead to a conviction, possible seized property, and impacts to hunting privileges, so review the date, time, location, sunrise/sunset, firearm condition and encasing, and any claimed exception before deciding. Don’t ignore the deadline or court date, and if you want to discuss next steps with a paralegal, call (647) 559-3377 to review your options.
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Hunting at Night in Ontario
Hunting at night in Ontario may lead to a provincial offence charge under Ontario law rather than a criminal charge, as well as a fine, court proceedings, seizure of 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. Ontario's night hunting law contains separate prohibitions involving hunting wildlife, possessing a firearm in an area usually inhabited by wildlife, and shining a light for the purpose of hunting during the prohibited nighttime period. Receiving a ticket or summons does not automatically mean you will be convicted.
This page explains Ontario's legal hunting hours, firearm and artificial light rules, available exceptions, 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 a Hunting at Night Ticket or Summons. What Should I Do?
Read the ticket or summons carefully and do not ignore the response deadline or court date. The wording of the charge should help identify whether the charge involves hunting wildlife, possessing a firearm at night, using a light to hunt, or several offences arising from the same incident.
A summons is a court document requiring you to attend court or respond as directed. A ticket may provide different response options, but paying it will generally be treated as pleading guilty and will result in a conviction, meaning a finding of guilt.
Before deciding how to respond, consider:
- The exact wording, section number, date, time, and location of every charge;
- The sunrise and sunset times that applied at that location;
- What wildlife the Conservation Officer believed you were hunting and what activity was observed;
- Whether you possessed a firearm and whether it was unloaded and encased;
- Whether a flashlight, spotlight, headlamp, vehicle light, or other artificial light was used;
- Whether the location was an area usually inhabited by wildlife and whether a vehicle or boat was involved; and
- Whether a lawful exception applied or additional hunting, firearm, vehicle, licence, tag, or possession charges were laid.
Do not assume that the time written in an officer's notes automatically proves the charge. The evidence must connect the conduct described in the charge to the legally prohibited nighttime period at the relevant location.
Should I Pay a Hunting at Night Ticket?
Paying a ticket will generally be treated as pleading guilty and will result in a conviction. Before paying, identify which part of Ontario's night hunting law is actually written on the ticket because hunting wildlife, possessing a firearm, and shining a light involve different legal requirements and different set fines.
The same incident may also result in a separate charge involving a loaded firearm in a vehicle, a road, a boat, a licence, a tag, possession of wildlife, or another hunting rule. Paying one ticket does not automatically resolve another charge.
The amount shown on the ticket may not describe every possible consequence. A conviction may also affect hunting privileges or property seized during the investigation.
What Is Hunting at Night?
Hunting at night generally means hunting wildlife during the period from half an hour after sunset until half an hour before sunrise.
Ontario law uses a broad definition of hunting. Hunting can include:
- Lying in wait for wildlife;
- Searching for wildlife;
- Following the trail of wildlife;
- Pursuing or chasing wildlife;
- Shooting at wildlife;
- Capturing wildlife; or
- Harassing wildlife.
An animal does not need to be shot, injured, captured, or killed for an activity to amount to hunting. The person's actions, purpose, location, equipment, and surrounding circumstances may all be considered.
Merely being outdoors at night is not automatically hunting. The prosecution must still establish the conduct required by the particular charge. 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 Hours Are Considered Nighttime for Hunting?
The prohibited nighttime period generally begins half an hour after sunset and ends half an hour before sunrise.
For example, if sunset at the relevant location was 7:30 p.m., the general hunting period would end at 8:00 p.m. If sunrise the next morning was 6:40 a.m., the general hunting period would begin at 6:10 a.m.
Sunrise and sunset times change every day and also vary by location across Ontario. A time that may be lawful in one place or on one date may fall within the prohibited nighttime period somewhere else or on another date.
Do not rely only on how bright or dark it appeared outside. Cloud cover, tree cover, weather, moonlight, and artificial lighting do not replace the legally relevant sunrise and sunset times.
Before hunting, check the current local sunrise and sunset times for the area where you will be hunting. Some species specific rules may further restrict hunting hours even when the general section 20 hours would otherwise permit hunting.
Can You Have a Firearm in a Vehicle at Night?
A firearm in a vehicle at night can lead to different charges depending on the location, condition of the firearm, and surrounding circumstances.
Section 20 of the Fish and Wildlife Conservation Act, 1997 prohibits possessing a firearm during the nighttime period 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. Placing a firearm on a vehicle seat, covering it with clothing, or putting it in an open gun sleeve may not satisfy that requirement.
A person may also face a separate charge if a firearm was loaded in a vehicle. That charge is different from hunting at night and may carry a different set fine and different legal requirements.
Relevant questions may include:
- Was the firearm loaded or unloaded and completely enclosed on all six sides?
- Was the person in an area usually inhabited by wildlife?
- Was the firearm readily accessible?
- Were other hunting equipment or artificial lights present?
- Were lights being used to search fields, bush lines, or roadways?
- What explanation did the occupants provide? and
- Was wildlife observed, pursued, shot at, or found nearby?
Possessing a firearm at night is not necessarily the same charge as hunting wildlife at night. The same incident may nevertheless result in both charges where the evidence supports the separate legal requirements.
Is Possessing a Firearm at Night the Same as Hunting at Night?
No. These are separate prohibitions under section 20 of the Fish and Wildlife Conservation Act, 1997.
The first prohibition concerns hunting wildlife during the nighttime period. The second concerns possessing a firearm during that period in an area usually inhabited by wildlife unless the firearm is unloaded and encased.
A firearm possession charge may therefore focus on:
- The time of the possession;
- The location;
- Whether the area was usually inhabited by wildlife;
- Whether you possessed or controlled the firearm;
- Whether the firearm was unloaded; and
- Whether it was properly encased.
Possessing hunting equipment in an area usually inhabited by wildlife may also become evidence relevant to whether a person was hunting, subject to the evidence in the particular case.
The complete circumstances matter. A person travelling through an area with an unloaded and properly encased firearm may be in a different legal position from someone the Conservation Officer says was searching wildlife habitat with an accessible firearm.
What Does Shining a Light for Hunting Mean?
Ontario law prohibits shining a light during the nighttime period for the purpose of hunting wildlife.
This is sometimes called shining, spotlighting, or jacklighting. The charge may involve a flashlight, spotlight, headlamp, firearm mounted light, vehicle light, boat light, or another artificial light.
The existence or use of a light is not necessarily enough by itself. The prosecution must establish that the light was shone for the purpose of hunting wildlife.
Relevant evidence may include:
- The direction and movement of the light and what was illuminated;
- Whether firearms or other hunting equipment were present;
- The occupants' actions before and after wildlife was seen;
- Statements made to a Conservation Officer;
- Photographs, video, or surveillance evidence;
- GPS, mapping, or other electronic information; and
- Wildlife, ammunition, or other physical evidence found nearby.
Using a light for an ordinary purpose, such as repairing a vehicle, finding equipment, walking safely, or locating a campsite, is not automatically using a light to hunt. The surrounding circumstances and the person's purpose are important to the charge.
How Are Sunrise and Sunset Times Proven?
The prosecution must establish that the activity described in the charge occurred during the legally prohibited nighttime period.
Section 110 of the Fish and Wildlife Conservation Act, 1997 allows certain documents to be admitted as evidence of sunrise or sunset times unless there is evidence showing otherwise.
These may include:
- A certificate appearing to be signed by an astronomer or astrophysicist that states the sunrise or sunset times; or
- A written confirmation certified by the Herzberg Institute of Astrophysics at the National Research Council of Canada.
The relevant time should correspond to the date and geographical location of the incident described in the charge. Sunrise and sunset can vary across Ontario, so information for a distant city may not accurately establish the time at the actual hunting location.
Other timing evidence may also matter, including officer notes, dispatch records, photographs, videos, mobile phone records, GPS information, vehicle data, and statements made by people at the scene.
Are There Exceptions to Ontario's Night Hunting Rules?
Yes, but the exceptions are limited and subject to specific legal conditions.
Ontario Regulation 665/98 provides an exception for qualifying raccoon hunting at night. A holder of a small game licence, or a holder of a trapping licence hunting in the area described in that licence, may rely on the exception where the person is accompanied by a dog licensed for hunting and the other regulatory requirements are satisfied.
The only firearm that may be kept loaded under that raccoon exception is a rim-fire rifle. The firearm must be unloaded and encased while in a vehicle or boat. A light may be used while hunting raccoon at night, but it must not be attached to or shone from a vehicle or boat.
Ontario also allows a person to take bullfrogs at night without a firearm and to shine a light for that purpose, subject to the applicable rules and location restrictions.
Section 31 of the Fish and Wildlife Conservation Act, 1997 also contains a limited protection of property framework, and section 31(7) provides that section 20 does not apply in certain circumstances covered by that provision. Other legal rights or authorizations may also require consideration depending on the facts.
Do not assume that an ordinary hunting licence by itself creates a night hunting exception. A person relying on an exception must satisfy the legal conditions that apply to that exception.
What Law Applies?
Section 20 of the Fish and Wildlife Conservation Act, 1997 contains Ontario's principal night hunting prohibitions.
During the period from half an hour after sunset until half an hour before sunrise, section 20(1) generally prohibits a person from:
- Hunting wildlife;
- Possessing a firearm in an area usually inhabited by wildlife unless the firearm is unloaded and encased; or
- Shining a light for the purpose of hunting wildlife.
The Act defines a firearm broadly for wildlife law purposes. The definition includes an air gun, pellet gun, bow, and crossbow in addition to conventional guns.
The Act also defines when different firearms are considered loaded. For example, a crossbow is loaded when it is cocked and contains a bolt, while a bow other than a crossbow is loaded when it is strung and an arrow is nocked.
Section 20(2) allows exceptions in circumstances prescribed by regulation. Ontario Regulation 665/98 contains the raccoon and bullfrog provisions described above.
Depending on the circumstances, an incident may also involve separate rules concerning vehicles, boats, public roads, firearm storage or transportation, species specific hunting hours, migratory birds, private property, licences, tags, or possession of wildlife.
What Must Be Proven?
Before you can be convicted, the prosecutor, the lawyer or representative presenting the government's case, must prove every required part of the particular 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.
Hunting Wildlife at Night
The prosecution may need to establish that:
- You were the person involved;
- Your conduct legally amounted to hunting wildlife;
- The activity occurred on the date and at the location stated in the charge;
- The activity occurred from half an hour after sunset to half an hour before sunrise; and
- The remaining requirements of the particular charge were satisfied.
Possessing a Firearm at Night
The prosecution may need to establish that:
- You possessed or controlled a firearm;
- You were in an area usually inhabited by wildlife;
- The possession occurred during the prohibited nighttime period;
- The firearm was not both unloaded and encased; and
- The remaining requirements of the particular charge were satisfied.
Using a Light to Hunt at Night
The prosecution may need to establish that:
- You shone or used a light;
- The light was used for the purpose of hunting wildlife;
- The activity occurred during the prohibited nighttime period; and
- The remaining requirements of the particular charge were satisfied.
The prosecution's theory should match the wording and section number on the ticket or summons. Evidence supporting one section 20 charge does not automatically prove another. The application of an exception or defence depends on the particular provision and evidence.
Can You Be Charged if No Animal Was Killed?
Yes. A person may face a hunting at night charge even if no animal was shot, injured, captured, or killed.
Ontario's definition of hunting includes conduct such as searching for, lying in wait for, pursuing, chasing, following the trail of, or shooting at wildlife for the purpose of killing, injuring, capturing, or harassing it.
A person may therefore be charged based on hunting activity before any shot is fired. Whether the conduct legally amounted to hunting depends on the purpose of the activity and the evidence surrounding the incident.
What Common Situations Lead to This Charge?
Hunting Continued After Legal Hours
The charge may involve a person continuing to search for, follow, pursue, wait for, or shoot at wildlife after the prohibited nighttime period began.
A Firearm Was Not Properly Encased
The charge may involve a firearm being possessed in wildlife habitat during the nighttime period without being both unloaded and enclosed on all six sides.
A Light Was Used to Search for Wildlife
The charge may involve a flashlight, spotlight, headlamp, vehicle light, or other artificial light being directed across fields, bush lines, trails, or toward wildlife for a hunting purpose.
A Vehicle or Boat Was Involved
The investigation may involve a firearm or light in a vehicle or boat together with evidence about driving patterns, location, wildlife, or other hunting activity.
A Raccoon Hunting Exception Was Disputed
The person may have been hunting raccoon at night, but the Conservation Officer says that a licensing, dog, firearm, lighting, vehicle, or boat condition of the exception was not satisfied.
The Time or Location Was Disputed
The parties may disagree about the exact time of the activity, the applicable sunrise or sunset information, or where the conduct described in the charge occurred.
What Is the Fine for Hunting at Night?
The current set fine depends on which part of the night hunting law is charged.
- Unlawfully hunting at night: $250;
- Unlawfully possessing a firearm at night: $150; and
- Unlawfully using a light to hunt at night: $250.
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 amount shown on a ticket 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 is a fine of up to $25,000, imprisonment for up to one year, or both.
These are statutory maximums, not the automatic or usual result of every hunting at night charge. The outcome depends on the charge, circumstances, prior record, wildlife involved, and manner in which the case proceeds.
A conviction may also affect hunting licences, authorizations, seized wildlife, firearms, vehicles, boats, or equipment where authorized by law. Several charges arising from the same incident may result in separate fines and other court consequences.
What Evidence May Be Used?
Night hunting cases often depend on the combined effect of timing, location, conduct, equipment, and electronic or physical evidence.
Timing and Location Evidence
Sunrise and sunset information, Conservation Officer notes, dispatch records, GPS information, maps, photographs, videos, timestamps, and vehicle records may be used to establish when and where the activity occurred.
Officer, Witness, and Electronic Evidence
Conservation Officer observations and recordings, witness statements, messages, calls, photographs, trail camera footage, surveillance video, and other electronic records may help show what the person was doing and why.
Firearm, Lighting, Wildlife, and Physical Evidence
Firearms, bows, crossbows, ammunition, lights, calls, decoys, vehicles, boats, wildlife, blood, tracks, cartridge cases, arrows, and other physical evidence may be relevant to the particular charge.
Licensing, tag, reporting, butcher, taxidermy, possession, and seizure records may also become relevant depending on the other issues arising from the incident.
Disclosure is the evidence and information the prosecutor intends to rely upon. It should be compared with each required part of the exact charge.
What Possible Defences or Legal Issues May Apply?
Possible defences and legal issues depend on the exact charge, evidence, and circumstances. No particular outcome can be guaranteed.
- You were not hunting: Being outside at night or possessing ordinary outdoor equipment may not prove that you were searching for, pursuing, lying in wait for, or otherwise hunting wildlife.
- The time or location evidence was incorrect: The activity may have occurred outside the prohibited nighttime period, or the sunrise and sunset information may not accurately correspond to the actual location.
- The firearm complied with the law: The evidence may show that the firearm was unloaded and properly encased, or that the location did not satisfy the requirement that it be an area usually inhabited by wildlife.
- The light was used for another purpose: A flashlight, headlamp, spotlight, or vehicle light may have been used for navigation, repairs, safety, locating property, or another lawful purpose rather than hunting.
- A lawful exception applied: The facts may support the regulated raccoon exception, lawful bullfrog activity, an applicable protection of property provision, or another recognized legal authority.
- Identification or evidence problems exist: The evidence may not establish who possessed the firearm, operated the light, drove the vehicle, hunted the wildlife, or whether officer notes, video, GPS information, statements, or physical exhibits are reliable.
- Due diligence, an honest and reasonable mistake of fact, or another legal issue may apply: Section 101 may apply where its requirements are established, and the circumstances of a detention, search, seizure, questioning, or statement may also require review.
Due diligence means taking all reasonable care in the circumstances. A simple misunderstanding of the law may not, by itself, provide a defence. The evidence must be reviewed against the exact wording and legal requirements of the charge.
Can Firearms, Vehicles, Wildlife, or Hunting Equipment Be Seized or Forfeited?
Yes. Property connected with a suspected hunting offence may be seized where the legal requirements for seizure are met.
Depending on the circumstances, seized property may include:
- Firearms, bows, crossbows, and ammunition;
- Spotlights, flashlights, firearm mounted lights, and related equipment;
- Vehicles, ATVs, snowmobiles, or boats;
- Mobile phones, cameras, GPS devices, and electronic records;
- Calls, decoys, clothing, and other hunting equipment; and
- Wildlife, meat, antlers, hides, or other animal parts.
Seizure means that an officer takes property into official custody. It does not automatically mean the person will be convicted or that ownership has been permanently lost.
Forfeiture means permanent loss of ownership through a court order or another legally authorized process. Whether property will be returned, retained as evidence, or become subject to forfeiture depends on the property, charge, circumstances, and outcome.
What Happens Next?
What happens next depends on whether you received a ticket or summons and whether you dispute the charge. A ticket generally provides response options and a deadline, while a summons must be answered as directed.
If you challenge the charge, you may request and review disclosure. The matter may be resolved without a trial or may proceed to trial.
At trial, the prosecutor must prove every required part of the particular charge beyond a reasonable doubt. If there is a conviction, the court determines the penalty and whether any additional order should be made concerning hunting privileges 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
- Ontario generally prohibits hunting wildlife from half an hour after sunset until half an hour before sunrise.
- Sunrise and sunset times change daily and vary by location.
- Possessing a firearm at night in an area usually inhabited by wildlife is a separate prohibition unless the firearm is unloaded and encased.
- Shining a light for the purpose of hunting wildlife during the prohibited nighttime period is separately prohibited.
- A person may face a hunting charge even if no animal was shot or killed.
- Limited exceptions include qualifying raccoon hunting at night and lawful bullfrog activity.
- The exact charge, timing, location, firearm condition, purpose of any light, and surrounding evidence determine what must be proven and which set fine applies.
Conclusion
Being charged with hunting at night does not automatically mean you will be convicted. The legal issues depend on the particular section charged, the relevant sunrise and sunset times, the location, your conduct, any firearm or artificial light involved, and whether an applicable exception applied.
A night hunting investigation may involve more than one offence. Hunting wildlife, possessing a firearm, shining a light, having a loaded firearm in a vehicle, or possessing wildlife may each raise separate legal issues that must be assessed against the evidence and the wording on your ticket or summons.
NOTE: A multitude of online searches featuring “lawyers near me” or “best lawyer in” frequently indicate a desire for prompt and competent legal assistance rather than a particular professional designation. In Ontario, licensed paralegals are governed by the same Law Society that supervises lawyers and have the authority to represent clients in certain litigation matters. Advocacy, legal reasoning, and procedural expertise are fundamental to this position. DefendCharges.ca™ provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and effective advocacy to achieve swift and favourable outcomes for clients.
