Hunting From a Boat in Ontario:

I Received a Hunting From a Boat Ticket or Summons.  What Should I Do?

Read every document carefully and do not ignore the response deadline or court date. The offence wording and section number should identify whether the allegation concerns using a boat to hunt, possessing a loaded firearm in a motorboat, discharging a firearm from a motorboat, or more than one offence.

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

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

Before deciding how to respond, check:

• The exact wording and section number of every charge;
• The alleged date, time, and location;
• The type of boat involved and whether a motor was attached;
• Whether the boat was moving, drifting, anchored, beached, or stationary;
• Whether the motor was operating, turned off, raised, or capable of propulsion;
• Whether you were operating the boat, directing its movement, or travelling as a passenger;
• How the Conservation Officer says the boat was used;
• What wildlife was allegedly involved;
• Whether a firearm was loaded or discharged in or from the boat;
• Whether the hunt involved migratory game birds, double-crested cormorants, or another species;
• Whether an exception or special authorization applied;
• Whether the boat, wildlife, firearms, or equipment was seized; and
• The response deadline or court date.

Keep photographs, videos, GPS tracks, marine charts, navigation or chartplotter records, messages, hunting-group communications, boat-registration information, witness details, seizure documents, and everything provided by the Conservation Officer.

Do not delete electronic information or alter the boat, motor, firearm, or equipment in a way that could destroy relevant evidence.  Consider obtaining legal advice before giving an additional written or recorded explanation because further statements may become part of the prosecution evidence.

Should I Pay a Hunting From a Boat Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure the charge accurately describes how the boat was allegedly used and that you understand the possible consequences.

Important questions may include:

• Was the boat used only to transport people or equipment?
• Was the boat being paddled, drifting, anchored, or powered by a motor?
• Was a motor attached and capable of propelling the boat?
• Was the boat stationary before the alleged hunting activity began?
• Were you the operator, a passenger, or outside the boat?
• Did you control or direct how the boat was used?
• Was wildlife being followed, pursued, chased, blocked, or redirected?
• Was a firearm loaded or discharged?
• Did a migratory-bird, cormorant, mobility, or other exception apply?
• Does the section on the ticket match the conduct alleged by the officer?

The presence of hunters, firearms, or hunting equipment in a boat does not automatically prove that the boat was unlawfully used to hunt.  The prosecution must connect the boat’s use to one of the purposes prohibited by Ontario law.

The amount shown on the ticket may also be only one possible consequence.  The incident may involve additional firearm, licence, tag, season, night-hunting, careless-hunting, possession, or transportation charges.

What Is Hunting From a Boat?

This charge generally alleges that a person used a boat for the purpose of killing, injuring, capturing, harassing, pursuing, or chasing wildlife.

A hunting-from-a-boat allegation may arise where a person allegedly:

• Shot at wildlife from a moving boat;
• Used a boat to follow or pursue wildlife;
• Used a motorboat to approach wildlife and place a hunter within shooting range;
• Chased swimming wildlife with a boat;
• Used a boat to block, surround, or redirect an animal;
• Attempted to strike wildlife with a boat;
• Used a boat to force wildlife toward another hunter;
• Continued pursuing an animal after it entered the water; or
• Used a boat as part of a coordinated attempt to capture or kill wildlife.

The boat does not necessarily have to strike the animal or contain the person who ultimately kills it.  The legal issue is whether the boat was used for one of the prohibited wildlife-related purposes.

Merely travelling to or from a lawful hunting location does not automatically amount to hunting from a boat.  Hunters may generally use boats for transportation, subject to the separate rules governing firearms, motorboats, hunting methods, species-specific exceptions, and wildlife possession.

What Is the Difference Between Transportation and Hunting From a Boat?

The difference generally depends on what the boat was being used to accomplish.

Lawful transportation may include:

• Carrying hunters to or from a hunting location;
• Transporting unloaded and properly stored firearms;
• Carrying decoys, hunting equipment, or supplies;
• Transporting lawfully possessed wildlife;
• Anchoring or beaching before hunting begins; or
• Using the boat for fishing, navigation, or another lawful purpose.

The prosecution may allege unlawful use where the boat was used to gain an immediate hunting advantage, close the distance to wildlife, maintain contact with a fleeing animal, direct wildlife toward another hunter, or otherwise pursue or harass it.

Stopping the motor after wildlife is seen does not automatically determine whether the activity was lawful.  The court may consider what occurred before and after the motor was turned off, how the boat moved, where the wildlife was located, and what the occupants did.

What Is Considered a Boat?

The Fish and Wildlife Conservation Act, 1997 defines a boat broadly.

A boat includes:

• A motorboat;
• A rowboat;
• A canoe;
• A punt;
• A sailboat;
• A raft; or
• Another similar watercraft.

A motorboat is a boat with a motor attached that is capable of being used as a means of propulsion.  The definition also includes a floating object being towed by a motorboat.

A boat may therefore remain a motorboat even when the motor is turned off, raised out of the water, or not being used at that moment.  Whether the motor was attached and capable of propulsion may be more important than whether it was operating at the exact time of the alleged offence.

The distinction matters because Ontario law contains additional restrictions concerning loaded firearms and discharging firearms from motorboats.

Can a Passenger Be Charged With Hunting From a Boat?

Yes, depending on the passenger’s conduct and role in the incident.

A passenger may face a charge where the evidence allegedly shows that the passenger:

• Shot or attempted to shoot from the boat;
• Directed the operator to follow or approach wildlife;
• Used the boat as part of a coordinated hunt;
• Encouraged or assisted the prohibited conduct;
• Used calls, lights, firearms, or other equipment while the boat pursued wildlife; or
• Otherwise participated in using the boat for a prohibited purpose.

Simply being a passenger in a boat containing hunters or hunting equipment does not automatically prove participation.  The person’s actions, statements, knowledge, control, and connection to the alleged boat use may all matter.

What Must Be Proven?

Before you can be convicted, the prosecutor—the lawyer or representative acting for the government—must prove every required part of the charge beyond a reasonable doubt. Beyond a reasonable doubt is the high legal standard required before a court can find you guilty.

For a charge under section 24(2) of the Fish and Wildlife Conservation Act, 1997, the prosecutor will generally need to prove that:

• You were the person involved in the alleged incident;
• A boat was used;
• Wildlife was involved;
• The boat was used for a prohibited wildlife-related purpose;
• The purpose involved killing, injuring, capturing, harassing, pursuing, or chasing wildlife;
• The incident occurred in Ontario on the alleged date and at the alleged location; and
• No applicable exception or other lawful authority applied.

The prosecutor does not necessarily need to prove that wildlife was killed, injured, or captured.  Using a boat to pursue, chase, or harass wildlife may be enough where the required conduct and purpose are proven.

The prosecution must establish more than the presence of a hunter, firearm, or hunting equipment in a boat.  The evidence must connect the boat’s use to one of the purposes prohibited by section 24(2).

What Law Applies?

Section 24(2) of the Fish and Wildlife Conservation Act, 1997 prohibits using a boat for the purpose of killing, injuring, capturing, harassing, pursuing, or chasing wildlife.

Section 24 separates the use of different forms of transportation:

• Section 24(1): Addresses the prohibited use of a vehicle;
• Section 24(2): Addresses the prohibited use of a boat; and
• Section 24(3): Addresses the use of an aircraft while hunting.

Section 24(4) permits regulations to create exceptions to the boat and aircraft prohibitions.  Ontario Regulation 665/98, commonly called the Hunting Regulation, contains limited exceptions for particular species and hunting circumstances.

Section 17 of the Act contains separate rules concerning loaded firearms in a conveyance.  A conveyance includes a vehicle, boat, or aircraft.

In an area usually inhabited by wildlife, or while travelling to or from such an area, section 17 generally restricts:

• Having a loaded firearm in or on a conveyance; and
• Discharging a firearm from a conveyance.

Exceptions may apply where the conveyance is a boat that is not a motorboat or where migratory birds are hunted from a motorboat in accordance with the applicable federal rules.  Ontario’s regulations also recognize a specific stationary-motorboat exception for double-crested cormorant hunting.

These exceptions do not create a general right to pursue or chase wildlife with a boat.  The species, type of boat, motor status, firearm condition, and complete hunting activity must be reviewed.

Can You Hunt From a Canoe or Non-Motorized Boat?

A loaded firearm may generally be carried in and discharged from a canoe or another boat being paddled where no motor is attached, but every other hunting rule still applies.

This does not mean that any use of a canoe or non-motorized boat is automatically lawful.  Section 24(2) may still prohibit using the boat to pursue, chase, capture, injure, or harass wildlife.

Other requirements may include:

• An open season for the wildlife involved;
• The required licence, tag, or permit;
• Lawful daily hunting hours;
• Species-specific firearm and ammunition rules;
• Bag and possession limits;
• Federal migratory-bird requirements; and
• Restrictions applying to the hunting location.

The legality of hunting from a paddled canoe or another non-motorized boat depends on the species, method, location, purpose, and complete circumstances.

Can You Hunt From a Motorboat?

Hunting from a motorboat is subject to stricter firearm rules and limited exceptions.

Ontario law generally prohibits having a loaded firearm in or on a motorboat or discharging a firearm from it in an area usually inhabited by wildlife.

Exceptions may apply in limited circumstances, including:

• Hunting migratory birds in accordance with applicable federal regulations;
• Hunting double-crested cormorants from a stationary motorboat with the power to the motor turned off; or
• Acting under an authorization available to a qualifying person with impaired mobility.

For double-crested cormorant hunting, the motorboat must not be in motion and the power to the motor must be turned off.  Other cormorant hunting requirements, including firearm, ammunition, season, retrieval, licensing, and bag-limit rules, must also be followed.

A motorboat may still legally be considered a motorboat after the motor is turned off because the definition focuses on whether a motor is attached and capable of propulsion.

An exception must be supported by the facts.  A person cannot rely on a migratory-bird or cormorant exception when hunting another species or acting outside the conditions of that exception.

Is Hunting From a Boat the Same as Having a Loaded Firearm in a Motorboat?

No.  Using a boat to hunt wildlife and possessing a loaded firearm in or on a motorboat are separate legal issues.

A charge under section 24(2) focuses on how the boat was used in relation to wildlife.  A charge under section 17 focuses on the condition and location of the firearm and whether an exception applied.

Depending on the circumstances, an investigation may involve allegations that:

• A loaded firearm was possessed in or on a motorboat;
• A firearm was discharged from a motorboat;
• The boat was used to follow, pursue, or chase wildlife;
• The motorboat was not stationary when an exception required it to be;
• The motor remained powered when an exception required it to be turned off; or
• Several boat, firearm, or hunting offences occurred during the same incident.

A person may face one charge without the other, or both charges arising from the same event.  The prosecutor must prove the legal requirements of each offence separately.

Can You Be Charged if No Animal Was Killed?

Yes. A person may face a hunting-from-a-boat charge even if no wildlife was shot or killed.

Section 24(2) prohibits using a boat for several purposes, including injuring, capturing, harassing, pursuing, or chasing wildlife.  The prosecution therefore does not always need to prove that an animal was harvested.

Ontario also defines hunting broadly.  Hunting may include searching for, lying in wait for, following, pursuing, chasing, capturing, harassing, or shooting at wildlife for a hunting purpose.

Whether the boat was used for a prohibited purpose depends on the specific conduct and evidence.

What Is the Fine for Hunting From a Boat?

The identified set fine for using a boat to kill, injure, or harass wildlife under section 24(2) of the Fish and Wildlife Conservation Act, 1997 is $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.

A set fine is different from the maximum penalty available after conviction.  Section 102 of the Act 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 a fine and imprisonment.

These are statutory maximums, not the automatic or usual result of every hunting-from-a-boat charge. The outcome depends on the exact offence, circumstances, wildlife involved, prior record, and manner in which the case proceeds.

Additional boat, firearm, licence, tag, season, night-hunting, or wildlife charges may result in separate fines and consequences.

What Other Consequences Are Possible?

A conviction may involve consequences beyond the fine itself, including:

• A victim fine surcharge and court costs;
• Restrictions on hunting privileges;
• Cancellation of a licence or authorization where ordered;
• Seizure or forfeiture issues involving the boat, motor, wildlife, firearms, or equipment;
• Probation or another court order; and
• Consequences arising from additional charges.

Section 104 of the Fish and Wildlife Conservation Act, 1997 permits a court, in appropriate circumstances, to restrict a person from possessing, applying for, or obtaining a hunting licence or authorization for a specified period.

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

What Evidence Is Commonly Used?

These cases often depend on the boat’s movement, the motor’s condition, the conduct of the occupants, the location of the wildlife, and evidence showing why the boat was being used.

The prosecutor may rely on:

• Conservation Officer observations, notes, reports, and recordings;
• Statements from the boat operator, passengers, other hunters, shoreline witnesses, or boaters;
• Photographs, videos, body-camera footage, and patrol-boat recordings;
• GPS tracks, marine charts, chartplotter, depth-finder, or vessel-location records;
• Messages, calls, hunting-group communications, and other electronic information;
• Firearms, ammunition, bows, calls, decoys, and hunting equipment;
• Wildlife, animal parts, blood, tracks, or other physical evidence; and
• Boat-registration information, motor records, seizure documents, and property inventories.

The evidence may also address when the motor was turned off, whether the boat was in motion, how closely it followed wildlife, who controlled the boat, and what the occupants did before and after the alleged incident.

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

A Motorboat Followed Wildlife

The Conservation Officer may allege that the boat was used to maintain contact with wildlife, move closer for a shot, or chase an animal through the water.

A Hunter Shot From a Moving Motorboat

The allegation may involve firing while the boat was under power, coasting, drifting after recent powered movement, or otherwise being used to approach wildlife.

The Motor Was Turned Off Before the Shot

A dispute may arise over when the motor was turned off, whether the boat had become stationary, which species was being hunted, and whether every condition of an exception was met.

The Boat Was Used Only for Transportation

The hunter may say that the boat carried people and equipment to a lawful hunting location and was no longer connected to the hunt when the alleged activity occurred.

A Passenger Directed the Operator

A passenger may be accused of telling the operator where to travel, how closely to approach wildlife, or where to position the boat for a shot.

The Hunt Involved Migratory Game Birds

The investigation may focus on whether the applicable federal migratory-bird requirements and Ontario firearm rules were followed.

The Hunt Involved Double-Crested Cormorants

The evidence may address whether the motorboat was stationary, whether the power to the motor was turned off, and whether the other cormorant hunting requirements were followed.

Wildlife Entered the Water After Being Wounded

The hunter may have used the boat to retrieve wounded wildlife, while the officer may allege that the boat was used to continue pursuing or hunting the animal.

Possible Defences

Possible defences depend on how the boat was used, the type of boat, whether a motor was attached, the wildlife involved, your role, and the available evidence. Not every issue applies to every case.

Issues that may need to be reviewed include:

• The boat was used only for transportation: Travelling to or from a lawful hunting location does not automatically establish that the boat was used for a prohibited wildlife-related purpose.
• The boat was stationary before hunting began: GPS records, video, witness evidence, or motor information may show that powered movement had ended before the alleged hunting activity.
• No motor was attached: The boat may have been a canoe or another non-motorized boat being paddled.
• An exception applied: The evidence may support a migratory-bird, double-crested cormorant, impaired-mobility, or other recognized exception.
• The required conditions were followed: The boat may have been stationary, the motor turned off, and the hunt conducted within the species-specific requirements.
• The boat was not pursuing or chasing wildlife: The boat may have been travelling normally when wildlife appeared nearby or moved in the same direction.
• You were not hunting: Boating, fishing, navigating, photographing wildlife, observing wildlife, or retrieving equipment does not automatically amount to hunting.
• You did not operate or control the boat: A passenger may not have directed, encouraged, or participated in the alleged conduct.
• The movement was for safety: Changes in speed or direction may have been made to avoid a collision, shallow water, another boat, or a navigation hazard.
• The firearm allegation is not proven: The firearm may not have been loaded or discharged as alleged, which may affect a separate section 17 charge.
• The wildlife, location, or timing was incorrectly identified: GPS information, maps, photographs, video, and witnesses may dispute the prosecution’s account.
• Due diligence or reasonable mistake of fact applied: Section 101 of the Act may provide a defence where you took every reasonable step to prevent the offence or honestly and reasonably believed facts that would have made the conduct lawful.
• The evidence is incomplete or unreliable: Officer observations, witness statements, recordings, GPS records, motor information, or identification evidence may need to be challenged.
• Legal or Charter issues arose: The circumstances of the vessel stop, detention, inspection, search, seizure, questioning, or statement may require legal review.

Simply turning off a motor does not automatically make every form of hunting from a motorboat lawful.  The applicable exception and all of its conditions must be established by the facts.

Can the Boat, Motor, Wildlife, Firearms, or Equipment Be Seized?

Property connected with a boat-related hunting investigation may be seized where lawful authority exists.

Depending on the circumstances, seized property may include:

• The boat, motor, trailer, or related equipment;
• Wildlife or animal parts;
• Firearms, ammunition, bows, or hunting equipment;
• Licences, tags, permits, maps, or documents;
• Cellphones, cameras, GPS devices, or electronic records; and
• Other property allegedly connected with the offence.

Seizure means that property has been taken and is being held. 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, towing record, storage notice, and document relating to the seizure.

What Happens in Court?

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

The process may include requesting disclosure, attending court, discussing the matter with the prosecutor, considering a possible resolution, bringing a legal application where appropriate, or proceeding to trial.

At trial, the prosecutor must prove that the boat was used for one of the purposes prohibited by section 24(2) and that no applicable exception authorized the conduct.  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 hunting-from-a-boat investigation may lead to other charges if additional boat, firearm, licence, tag, season, or wildlife requirements were allegedly not followed.

• Hunting From a Vehicle
• Hunting at Night
• Careless Hunting
• Hunting During a Closed Season
• Hunting Without a Licence
• Hunting Without a Tag
• Illegal Possession of Wildlife

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, offence wording, boat and motor information, GPS records, photographs, video, witness evidence, seizure documents, and the circumstances surrounding the allegation.

Legal assistance may include requesting disclosure, reviewing Conservation Officer evidence, determining which boat, motorboat, firearm, or species-specific rules apply, and assessing whether the boat was used for a prohibited purpose.

DefendCharges.ca can also explain the possible consequences, address issues involving a seized boat or other 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

• Ontario law prohibits using a boat to kill, injure, capture, harass, pursue, or chase wildlife;
• The offence is not limited to shooting from a moving motorboat;
• Using a boat for lawful transportation does not automatically amount to hunting from a boat;
• Separate rules apply to loaded firearms in motorboats and discharging firearms from conveyances;
• Limited exceptions may apply to migratory-bird, double-crested cormorant, non-motorized boat, and impaired-mobility hunting situations;
• The identified set fine for the section 24(2) offence is $250 before the victim fine surcharge and court costs;
• A person may be charged even if no wildlife was shot or killed; and
• The boat’s movement, motor status, purpose, occupants, species involved, and available evidence may affect the case.

Conclusion

Hunting from a boat generally involves an allegation that a boat was used to kill, injure, capture, harass, pursue, or chase wildlife.  The offence may involve much more than firing a shot from a moving motorboat.

The outcome may depend on the type of boat, whether a motor was attached, whether the boat was moving or stationary, the condition of the firearm, the wildlife involved, any applicable exception, and what the Conservation Officer’s evidence shows.

Before paying a ticket or responding to a summons, review the exact offence wording, boat and motor information, electronic records, witness evidence, seizure documents, and possible consequences so that you understand the allegation and the options available.