Hunting During a Closed Season in Ontario:

I Received a Hunting During a Closed Season Ticket or Summons.  What Should I Do?

Read every document carefully and do not ignore the response deadline or court date.

A ticket, formally called a Provincial Offence Notice, usually provides response options and a deadline.  Paying the amount shown will generally be treated as pleading guilty and will result in a conviction without a trial.

A summons normally requires you to attend court or respond in the manner stated.  It should not be treated like an ordinary payable ticket.

Before deciding how to respond, check:

• The exact wording of every charge;
• The section of law listed on the ticket or summons;
• The wildlife species involved;
• The alleged date and approximate time;
• The Wildlife Management Unit or other hunting area;
• The open-season dates that applied to that species and location;
• Whether the season was restricted by hunting method or firearm class;
• Whether the season applied only to a particular sex, age, or type of animal;
• Whether a controlled hunt, bows-only season, or other special season applied;
• Whether a licence, tag, validation, allocation, or permit was required;
• Whether you were hunting or participating in another activity;
• Whether wildlife or other property was seized;
• Whether additional hunting charges were laid; and
• The response deadline or court date.

Keep your ticket or summons, Outdoors Card, Licence Summary, hunting licence, tag, validation, allocation records, maps, GPS information, photographs, messages, receipts, and any documents provided by the Conservation Officer.

Consider obtaining legal advice before giving an additional written or recorded explanation.  Statements made during or after the investigation may become part of the prosecution evidence.

Should I Pay a Hunting During a Closed Season Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure you understand which season the officer says was closed and why it allegedly applied to you.

Important questions may include:

• Was the wildlife species correctly identified?
• Was the correct Wildlife Management Unit identified?
• Was the alleged date outside the applicable open season?
• Was the season open for the hunting method being used?
• Did a controlled hunt, bow season, special season, or other limited season apply?
• Was the season restricted to a particular sex, age, or type of animal?
• Did your licence, tag, validation, or allocation authorize the activity?
• Were you legally hunting or merely scouting, travelling, retrieving property, or accompanying another person?
• Was the correct person identified as the hunter?
• Do the officer’s notes, photographs, video, maps, or GPS records prove the alleged date and location?
• Did an exemption or other lawful authority apply?

The fine shown on the ticket may not describe every possible consequence.  A conviction may also affect hunting privileges, seized wildlife, firearms, equipment, vehicles, or other charges arising from the same incident.

What Is Hunting During a Closed Season?

This charge generally alleges that you hunted wildlife during a period when no applicable open season permitted that activity.

A closed-season allegation may arise where:

• You hunted before the applicable season opened;
• You continued hunting after the season ended;
• You hunted in a Wildlife Management Unit where no season was open;
• You relied on dates applying to another Wildlife Management Unit;
• You followed an outdated regulations summary or season chart;
• You used a firearm during a season that permitted only bows;
• You hunted wildlife of a sex, age, or type not covered by the open season;
• You believed a controlled-hunt validation applied when it did not;
• You crossed into an area where the season was closed;
• You continued pursuing wildlife after the lawful season ended; or
• You believed another hunter’s authority covered your activity.

Holding a valid hunting licence or tag does not authorize hunting at all times.  The species, location, season, hunting method, licence, tag, validation, and any special conditions must all permit the hunt.

The first and last dates shown for an open season are generally included.  Hunting before the first listed date or after the final listed date may result in a closed-season allegation.

Which Species-Specific Closed-Season Charge Matches Your Ticket or Summons?

Select the linked heading that most closely matches the wildlife and charge wording shown on your ticket, summons, seizure notice, or other documents.

Hunting Deer During a Closed Season

This charge may involve hunting deer before the season opened, after it ended, in the wrong Wildlife Management Unit, during the wrong firearm season, or outside the authority of a controlled deer hunt.

Hunting Moose During a Closed Season

This charge may involve hunting moose outside the applicable season, during a season restricted to another firearm class, or in a Wildlife Management Unit where the season was closed.

Hunting Black Bear During a Closed Season

This charge may involve hunting black bear outside an applicable spring or fall season, in an area where a season was closed, or without satisfying a season-specific requirement.

Hunting Turkey During a Closed Season

This charge may involve hunting wild turkey before or after the applicable spring or fall season or during a period when the hunter’s licence or tag did not authorize the activity.

Hunting Rabbit or Hare During a Closed Season

This charge may involve hunting rabbits or hares outside the dates applying to the species and Wildlife Management Unit involved.

Hunting Grouse During a Closed Season

This charge may involve hunting grouse before the applicable season opened, after it ended, or in an area where the species had no open season.

Hunting Waterfowl or Migratory Birds During a Closed Season

This charge may involve hunting ducks, geese, or other migratory game birds outside the federal season applying to the species, hunting zone, and date involved.

What Is the Difference Between an Open Season and a Closed Season?

Open Season

An open season is the period during which a species may legally be hunted, subject to every other applicable requirement.

Closed Season

A closed season is the period during which hunting or trapping a particular species is not permitted.

A species may be in an open season for one hunter, location, animal type, or hunting method but in a closed season for another.  For example, a bow season may be open while the gun season remains closed, or a controlled season may be open only to hunters holding the required validation.

Do Ontario Hunting Seasons Change?

Yes.  Hunting seasons and related rules may change from year to year.

Season dates can vary according to:

• The wildlife species;
• The Wildlife Management Unit;
• The hunter’s residency status;
• The type of hunting licence or authorization;
• The sex, age, or type of animal;
• The firearm or bow being used;
• Whether the hunt is controlled;
• Whether dogs may be used;
• Whether a special validation or allocation is required; and
• Other restrictions applying to the particular area or season.

Hunters should consult the current Ontario Hunting Regulations Summary and the law in force for the year of the hunt.  A previous year’s printed summary, saved webpage, screenshot, calendar, or advice from another hunter may no longer be accurate.

Wildlife Management Unit boundaries, controlled-hunt rules, firearm seasons, special closures, and other requirements should also be confirmed before hunting.

What Must Be Proven?

The prosecutor—the lawyer or representative acting for the government—must prove every required part of the charge beyond a reasonable doubt.

Depending on the offence written on the ticket or summons, the prosecutor may need to prove that:

• You were the person involved;
• Your conduct legally amounted to hunting;
• The wildlife belonged to the species or legal category identified in the charge;
• The alleged hunting occurred on the date and at the location claimed;
• The applicable season was closed for that species, location, animal type, or hunting method;
• No open, controlled, bow-only, or other special season applied;
• No licence, validation, allocation, or authorization permitted the activity; and
• No statutory, regulatory, constitutional, or other legal exception applied.

Where the allegation depends on a Wildlife Management Unit boundary, the prosecution may need to establish where the hunting occurred.  Where different seasons applied to bows, guns, residents, non-residents, controlled-hunt participants, or particular animal types, the prosecutor must establish which season applied to you.

The prosecutor must prove the offence actually charged.  Being present in the field during a closed season does not automatically prove that your conduct legally amounted to hunting.

What Law Applies?

Closed-season hunting charges in Ontario are governed primarily by the Fish and Wildlife Conservation Act, 1997, Ontario Regulation 665/98, and the applicable open-season rules.

Fish and Wildlife Conservation Act, 1997

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

Ontario Regulation 665/98, Section 25

Section 25 generally requires a person hunting game wildlife to comply with the open season applying to the species, area, hunter, and animal involved.

Ontario Regulation 670/98

Ontario Regulation 670/98 contains open-season tables and related conditions for Ontario wildlife.  Depending on the species, these rules may identify:

• The applicable Wildlife Management Units;
• The beginning and ending dates;
• The permitted firearm class or hunting method;
• The hunter or licence category;
• Sex, age, or animal-type restrictions;
• Controlled-hunt requirements; and
• Other season-specific conditions.

Migratory birds, including ducks and geese, are also governed by federal law.  A migratory-bird closed-season allegation may arise under the federal Migratory Birds Convention Act, 1994 and its regulations instead of, or in addition to, Ontario hunting law.

The section shown on the ticket or summons should be reviewed together with the season table and legislation in force on the alleged offence date.

Can You Be Charged if No Animal Was Killed?

Yes.  A person may face a closed-season charge even if no wildlife was shot, injured, captured, or killed.

Ontario defines hunting broadly.  It may include searching for, lying in wait for, following the trail of, pursuing, chasing, capturing, harassing, or shooting at wildlife for the purpose of killing, injuring, capturing, or harassing it.

The prosecution may therefore rely on conduct such as tracking wildlife, using calls or decoys, waiting with a loaded firearm, pushing wildlife toward another hunter, or shooting at an animal.

The particular facts and purpose behind the activity remain important.  Merely being outdoors or near wildlife does not automatically prove hunting.

Is Scouting During a Closed Season Illegal?

Scouting is not automatically hunting.

A dispute may arise where a person says they were scouting but a Conservation Officer alleges they were searching for or pursuing wildlife for a hunting purpose.

Relevant facts may include:

• Whether the person carried a firearm or bow;
• Whether a firearm was loaded;
• Whether ammunition or arrows were readily available;
• Whether calls, decoys, dogs, blinds, or other hunting equipment were used;
• Whether wildlife was being tracked, chased, surrounded, or pushed;
• Whether the person was positioned to shoot wildlife;
• Whether the person made statements about hunting or harvesting wildlife;
• Whether the person was acting with other hunters; and
• The location, time, and surrounding circumstances.

A person may also dispute that they were hunting and say they were travelling, retrieving property, checking equipment, photographing wildlife, or accompanying another person.

What Is the Fine for Hunting During a Closed Season?

The Ontario set fine depends on the wildlife category identified in the charge.

Set fines identified under section 25 of Ontario Regulation 665/98 include:

• Elk: $500;
• Black bear: $500;
• White-tailed deer: $500;
• Moose: $500;
• Woodland caribou: $500;
• Furbearing mammal: $250;
• Game bird other than wild turkey: $250;
• Wild turkey: $250;
• Game mammal other than big game: $250;
• Bullfrog: $250; and
• Snapping turtle: $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 exact fine should be confirmed using the offence wording, species or wildlife category, regulation provision, and set-fine schedule in force on the alleged offence date.

What Other Penalties Are Possible?

A conviction may involve consequences beyond the amount printed on the ticket.

Possible consequences may include:

• A fine imposed by the court;
• A victim fine surcharge and court costs;
• Cancellation or suspension of hunting privileges;
• A restriction on obtaining future licences, tags, or authorizations;
• Forfeiture of illegally killed wildlife;
• Orders affecting firearms, bows, vehicles, boats, ATVs, or equipment;
• Probation or another court order;
• Consequences arising from related hunting charges; and
• Imprisonment in a serious case where authorized by law.

Section 102 of the Fish and Wildlife Conservation Act, 1997 provides a general maximum penalty for an individual that may include a fine of up to $25,000, imprisonment for up to one year, or both.

This is the statutory maximum, not the automatic or usual result of every closed-season charge. The outcome depends on the offence, wildlife involved, circumstances, prior record, and manner in which the case proceeds.

For more information, see What Are the Fines for Hunting Offences? and Hunting Licence Suspensions.

What Evidence Is Commonly Used?

Closed-season cases often depend on evidence establishing the species, date, time, location, applicable season, and the accused person’s conduct.

Evidence may include:

• Conservation Officer notes and reports;
• The applicable open-season table;
• Maps and Wildlife Management Unit boundaries;
• GPS coordinates and hunting-application records;
• Photographs, video, or trail-camera images;
• Body-worn or vehicle-camera recordings;
• Licence, tag, allocation, and validation records;
• Wildlife or animal parts;
• Firearms, ammunition, bows, calls, decoys, or other equipment;
• Cellphone records and electronic communications;
• Social-media posts or hunting-group messages;
• Witness statements; and
• Statements attributed to the accused hunter.

Section 109 of the Fish and Wildlife Conservation Act, 1997 may also affect the evidence in a hunting prosecution.  In some circumstances, possessing a firearm, decoy, or other hunting device in an area usually inhabited by wildlife may be treated as evidence of hunting unless evidence shows otherwise.

Disclosure is the evidence the prosecutor intends to use in court.  It should be requested and reviewed before deciding how to respond to a disputed charge.  Learn more on the What Is Disclosure? page.

Common Situations That Lead to This Charge

The Hunter Used the Wrong Year’s Dates

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

The Hunter Was in the Wrong Wildlife Management Unit

A season may be open in one Wildlife Management Unit and closed in a neighbouring unit.  Maps, GPS information, roads, lakes, and property boundaries may become important.

The Open Season Had Ended

The hunter may have believed that the season continued through the end of a weekend or month when the published final date was earlier.

The Season Had Not Started

The person may have entered the field before opening day to scout, set up equipment, or wait for the season to begin, but the officer alleges that hunting had already started.

The Season Was Open Only for Bows

The species may have been open for bow hunting while remaining closed to rifles, shotguns, or muzzle-loading guns.

The Season Was Open Only for a Controlled Hunt

The person may have hunted during a controlled season without holding the required validation for the Wildlife Management Unit involved.

The Wrong Sex, Age, or Type of Animal Was Targeted

The season may have been open for one animal type but closed for another, such as antlered or antlerless deer, adult or calf moose, or another restricted category.

The Person Was Accompanying Another Hunter

The person may say they were only accompanying a hunter, while the officer relies on their equipment, positioning, calling, tracking, or other conduct to allege that they were also hunting.

The Hunter Crossed a Boundary

The hunter may have started in an area with an open season and crossed into another Wildlife Management Unit, park, sanctuary, preserve, or restricted area.

Possible Defences

Possible defences depend on the exact offence, species, date, location, applicable season, and prosecution evidence. Not every defence applies to every case.

Issues that may need to be reviewed include:

• The season was open: The applicable season table may show that hunting was permitted on the date and in the location alleged.
• A special season applied: A bow season, controlled hunt, mobility-impaired hunt, falconry season, or other limited season may have authorized the activity.
• The wrong Wildlife Management Unit was identified: Maps, GPS records, photographs, property information, or witness evidence may establish a different location.
• The date or time was incorrect: Messages, photographs, receipts, GPS data, metadata, or witness evidence may dispute when the activity occurred.
• The wrong species or animal type was identified: The evidence may not reliably establish the species, sex, age, or type of wildlife involved.
• The permitted hunting method was used: The activity may have occurred during a season open for the bow, firearm class, or other method being used.
• You were not hunting: Scouting, travelling, accompanying another person, or carrying equipment does not automatically establish hunting.
• An exemption or lawful authority applied: Indigenous harvesting rights, protection-of-property provisions, ministerial authorization, or another legal exception may need to be reviewed where supported by the facts.
• The wrong person was identified: The evidence may not prove that you were the person engaged in the alleged activity.
• Due diligence: Section 101 of the Act may provide a defence where you took all reasonable steps to confirm and comply with the applicable season.
• Reasonable mistake of fact: You may have honestly and reasonably believed facts that, if true, would have made the hunting lawful.
• The evidence is incomplete or unreliable: Officer notes, maps, season records, statements, photographs, video, GPS information, or identification evidence may need to be challenged.
• Legal or Charter issues arose: The circumstances of a detention, search, seizure, questioning, or statement may require legal review.

Simply saying that you did not know the season was closed may not, by itself, provide a defence.  A mistake about the law is different from an honest and reasonable mistake about a fact, such as the physical location of a Wildlife Management Unit boundary.

Can Wildlife, Firearms, Vehicles, or Equipment Be Seized?

Property connected with an alleged closed-season offence may be seized where lawful authority exists.

Depending on the investigation, seized property may include:

• Wildlife or animal parts;
• Hunting licences, Licence Summaries, tags, or validations;
• Firearms, ammunition, bows, or hunting equipment;
• Vehicles, boats, ATVs, snowmobiles, or trailers;
• Cellphones, cameras, GPS devices, or electronic records;
• Calls, decoys, blinds, or related equipment; and
• Other property allegedly connected with the offence.

Seizure means that authorities have taken and are holding property. Forfeiture means that ownership is permanently lost through a court order or another lawful process.

Property is not automatically forfeited merely because it was seized.  Keep every property receipt, inventory, officer name, occurrence number, and notice connected with the seizure.

What Happens in Court?

What happens next depends on whether you received a ticket or summons and whether you dispute the charge.

If you challenge the allegation, the process may involve requesting disclosure, attending court, discussing the case with the prosecutor, considering a possible resolution, bringing a legal application where appropriate, or proceeding 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 will determine the fine and whether any additional order should be made.

For more information, see What Happens After You Receive a Hunting Ticket? and What Happens After You Receive a Summons?.

Related Hunting Charges

A closed-season investigation may lead to other charges where additional licence, tag, hunting-method, possession, transportation, or Conservation Officer requirements were allegedly not followed.

• Hunting Without a Licence
• Hunting Without an Outdoors Card
• Hunting Without a Tag
• Hunting at Night
• Illegal Possession of Wildlife
• Illegal Transportation of Wildlife
• Providing False Information
• Obstructing a Conservation Officer

The species-specific closed-season pages are listed earlier on this page and are not repeated here.

One incident may result in several charges.  Each allegation should be reviewed separately because every offence has its own legal requirements and evidence.

Return to the Common Hunting Charges hub to review other Ontario hunting charges.

How DefendCharges.ca Can Help

DefendCharges.ca can review the ticket or summons, exact offence wording, species, Wildlife Management Unit, applicable season table, licence and tag records, and the circumstances surrounding the allegation.

Legal assistance may include requesting disclosure, reviewing Conservation Officer notes and recordings, examining maps and GPS information, determining whether an open or special season applied, and assessing whether your conduct legally amounted to hunting.

DefendCharges.ca can also explain the possible fines and hunting-privilege consequences, address issues involving seized property, communicate with the prosecutor where appropriate, discuss resolution options, and help prepare the case for trial.

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

• A closed season is the period when hunting or trapping a particular species is not permitted;
• Hunting out of season is another common description for hunting during a closed season;
• The applicable season may depend on the species, Wildlife Management Unit, hunting method, animal type, and hunter category;
• Season dates and other rules may change from year to year and should be checked before every hunt;
• The prosecutor must prove that you were hunting and that no applicable open season permitted the activity;
• A person may be charged even if no wildlife was shot or killed;
• Scouting is not automatically hunting, but the person’s purpose and conduct may be examined;
• Set fines commonly differ between big-game species and other wildlife categories; and
• Possible defences depend on the season table, location, date, species, method, and evidence.

Conclusion

Hunting during a closed season is a general allegation that may involve hunting before a season opened, after it ended, in the wrong Wildlife Management Unit, during the wrong firearm season, or outside the authority of a controlled or special hunt.

The detailed rules depend on the species involved.  The linked deer, moose, black bear, wild turkey, rabbit and hare, grouse, waterfowl, and migratory bird pages provide more focused information about those charges.

Before paying a ticket or responding to a summons, review the exact offence wording, species, date, location, applicable season table, hunting method, licence records, evidence, and possible consequences so that you understand the charge and the available response options.