Hunting Without a Licence in Ontario:

Received a Hunting Without a Licence Ticket or Summons?

Read the charging document carefully before paying the amount shown or deciding how to respond.  Paying a provincial offence ticket will generally result in a conviction being registered without a trial.

Start by checking:

• the exact offence written on the ticket or summons;
• the section number listed on the document;
• the wildlife species involved;
• whether the allegation identifies you as a resident or non-resident;
• the date and time of the alleged offence;
• the Wildlife Management Unit or other location identified;
• whether you held a valid licence before the alleged hunting began;
• whether the correct licence appeared on your licence summary;
• whether a tag, allocation, validation, permit, or controlled-hunt authorization was also required;
• whether additional hunting, wildlife, firearm, trespass, or obstruction charges were laid;
• whether any wildlife or property was seized; and
• the deadline for responding or attending court.

DefendCharges.ca can review the charge, licence records, licence summary, tags, purchase information, Conservation Officer evidence, seizure documents, and court deadlines before you decide how to respond.

Should You Pay the Hunting Ticket?

Paying the ticket will generally be treated as a guilty plea and result in a conviction. Before paying, determine whether the offence accurately describes what occurred and whether the available evidence proves that you hunted without the required licence.

Important questions may include:

• Did you hold a valid licence for the wildlife involved?
• Was the licence purchased before the alleged hunting began?
• Was the licence still valid on the date of the incident?
• Did the licence apply in the Wildlife Management Unit where you were located?
• Did it authorize the particular species or type of animal involved?
• Was another tag, permit, validation, allocation, or authorization required?
• Were you legally hunting, or were you travelling, scouting, retrieving property, or accompanying someone else?
• Was the correct person identified as the hunter?
• Do the Ministry records match your receipts and licence summary?
• Does the section written on the ticket match the conduct described by the officer?

The fine shown on the ticket may not describe every possible consequence.  The matter may also affect seized property, related charges, and future hunting privileges.

What Is Hunting Without a Licence?

Hunting without a licence generally means hunting wildlife without holding the licence required for that species or hunting activity.

The charge may arise where:

• no hunting licence was purchased;
• the licence was purchased after hunting had already begun;
• the licence had expired;
• the hunter held an Outdoors Card but no applicable hunting licence;
• the hunter held a small game licence but was hunting big game;
• the hunter held a licence for one species but hunted another;
• the licence did not apply in the Wildlife Management Unit involved;
• a required tag, allocation, validation, permit, or controlled-hunt authorization was not held;
• the licence had been cancelled or suspended;
• the hunter relied improperly on another person’s licence or tag;
• the hunter did not satisfy the individual requirements for party hunting; or
• the person hunted outside the conditions or authority granted by the licence.

The prosecutor must prove the offence that was actually charged.  Being unable to immediately display a licence does not necessarily prove that no valid licence existed.

What Ontario Law Applies?

Hunting-licence charges are governed primarily by the Fish and Wildlife Conservation Act, 1997 and Ontario Regulation 665/98, commonly called the Hunting Regulation.

Fish and Wildlife Conservation Act, 1997, Section 6

Section 6(1) generally prohibits a person from hunting or trapping prescribed wildlife unless the activity takes place under the authority of a licence and in accordance with the regulations.

Section 6 separates wildlife into legal categories that include:

• big game;
• other game mammals;
• game birds;
• furbearing mammals;
• game reptiles;
• game amphibians;
• certain other birds; and
• other wildlife that may lawfully be hunted under Ontario law.

The category matters because the wording of the charge and the applicable set fine may differ.

Ontario Regulation 665/98

Ontario Regulation 665/98 contains detailed rules about hunting licences and the documents, tags, validations, allocations, and conditions that may form part of a person’s authority to hunt.

Depending on the species and type of hunt, the required authority may include:

• a licence summary showing the applicable hunting licence;
• a species-specific tag;
• a validation certificate;
• a moose allocation;
• a controlled-hunt authorization;
• a federal migratory game bird hunting permit; or
• another document or condition required by law.

The rules in force on the alleged offence date should be confirmed because hunting regulations and administrative requirements can change.

What Is a Hunting Licence?

A hunting licence is the legal authority to hunt particular wildlife under specified conditions.  It is not the same as an Outdoors Card.

An Outdoors Card connects you to Ontario’s fish and wildlife licensing system.  The hunting licence identifies the wildlife you are authorized to hunt.  A separate tag, permit, validation, or allocation may also be required.

Depending on the hunt, you may need:

• a valid Outdoors Card;
• a small game licence;
• a deer, moose, elk, black bear, or wild turkey licence;
• a species-specific tag;
• a controlled-hunt validation;
• a moose allocation;
• a wolf or coyote tag in certain Wildlife Management Units;
• a federal migratory game bird hunting permit;
• proof of firearms accreditation when hunting with a gun; and
• compliance with every condition attached to the licence or authorization.

Holding one of these documents does not necessarily mean that every legal requirement for the hunt has been satisfied.

What Must the Prosecutor Prove?

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 acting for the government.

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

• that you were the person involved;
• the date and location of the alleged offence;
• that your conduct legally amounted to hunting;
• the species or legal wildlife category involved;
• that a licence was required in the circumstances;
• that no legal exception applied;
• that you did not hold the required licence at the relevant time; and
• that the activity was not authorized by another applicable provision of Ontario law.

If the allegation is that you hunted outside the authority of a licence, the prosecutor may also have to prove the applicable licence condition and how your conduct fell outside that authority.

Failing to carry or produce a licence is not automatically proof that no licence existed.  Those allegations may involve separate offences with different legal requirements.

Can You Be Charged Without Shooting an Animal?

Yes.  Ontario’s legal definition of hunting extends beyond shooting or killing wildlife.

Hunting can include:

• lying in wait for wildlife;
• searching for wildlife for the purpose of capturing, injuring, or killing it;
• being on the trail of wildlife;
• pursuing or chasing wildlife;
• shooting at wildlife;
• capturing wildlife;
• harassing wildlife; or
• attempting to carry out any of those activities.

A case may therefore turn on whether you were legally hunting or were merely:

• travelling through the area;
• scouting for a future hunt;
• transporting a firearm, bow, or equipment;
• retrieving personal property;
• helping someone move equipment;
• accompanying a licensed hunter;
• walking on the property; or
• participating in another lawful activity.

Your location, equipment, actions, statements, companions, and the Conservation Officer’s observations may all be relevant.

What Is the Fine for Hunting Without a Licence?

The set fine depends on the wildlife category and whether the person charged is an Ontario resident or a non-resident.

Ontario Resident Hunting Big Game Without a Licence

Section: Fish and Wildlife Conservation Act, 1997, section 6(1)(a)

Set fine: $500

Big game under the Act includes black bear, woodland caribou, white-tailed deer, American elk, and moose.

Non-Resident Hunting Big Game Without a Licence

Section: Fish and Wildlife Conservation Act, 1997, section 6(1)(a)

Set fine: $600

The set fine for a non-resident accused of hunting big game without a licence is higher than the corresponding resident set fine.

Other Wildlife Categories

Different set fines may apply where the allegation concerns another game mammal, a game bird, a furbearing mammal, a game reptile, a game amphibian, or another wildlife category.

The exact amount should be confirmed using the offence wording, the paragraph of section 6 written on the ticket, the person’s residency status, and the set-fine schedule in force on the offence date.

A victim fine surcharge and applicable court costs may be added.  The total payable shown on the ticket can therefore be higher than the set fine itself.

What Is the Maximum Penalty?

The general maximum penalty for an offence under the Fish and Wildlife Conservation Act, 1997 is found in section 102.

For a general offence, the maximum may include:

• a fine of up to $25,000;
• imprisonment for up to one year; or
• both a fine and imprisonment.

This is the statutory maximum, not the automatic or usual result of every hunting-without-a-licence case.

The actual outcome may depend on:

• the wildlife involved;
• whether the person was a resident or non-resident;
• whether wildlife was killed, injured, or possessed;
• the number of charges;
• whether the incident involved commercial activity;
• the person’s prior wildlife-conviction history;
• whether property was seized;
• whether the case proceeds by ticket or summons; and
• the facts accepted or proven in court.

Could You Lose Your Hunting Licence?

A conviction may affect your ability to hold, use, or obtain hunting licences, depending on the offence, your prior record, and any order made by the court.

Possible licence-related consequences may include:

• cancellation of an existing licence;
• suspension of hunting privileges;
• a period during which you cannot hold or obtain a licence;
• an order affecting your Outdoors Card;
• conditions on future hunting activity; or
• additional consequences arising from related or accumulated convictions.

A licence suspension should not be described as automatic unless the applicable legislation makes it automatic for the offence involved.  The charge, prosecution position, prior record, and relevant suspension provisions must be reviewed.

These Licence, Card, and Tag Charges Are Different

Hunting Without a Valid Licence

This allegation means that you did not hold the licence required for the species or hunting activity.

Failing to Carry a Hunting Licence

You may have held a valid licence but allegedly did not carry the required licence documentation while hunting.

Failing to Produce a Hunting Licence

You allegedly did not produce and show the required document after a Conservation Officer requested it.

Hunting Without an Outdoors Card

This allegation concerns the separate Outdoors Card requirements that form part of Ontario’s licensing system.

Hunting Without a Required Tag

You may have held a hunting licence but allegedly did not hold the tag required for the species, animal, season, or Wildlife Management Unit.

Hunting Outside the Authority of a Licence

You may have held a licence but allegedly hunted wildlife, in a location, or under conditions that the licence did not authorize.

Using Another Person’s Licence or Tag

This allegation may involve using, lending, transferring, or permitting the use of a licence or tag issued to another person.

Each offence has different legal requirements.  The prosecutor must prove the charge that appears on the ticket or summons.

Common Situations That Lead to the Charge

The Licence Was Purchased After Hunting Began

You may have purchased the licence after being approached by a Conservation Officer or after wildlife had already been pursued.  The exact purchase time and the time the alleged hunting began may be central to the case.

The Wrong Licence Was Purchased

You may have believed that an Outdoors Card, small game licence, or licence for another species gave you the authority you needed.  The products shown on your licence summary should be compared with the wildlife involved.

The Licence Had Expired

You may have relied on a licence from a previous year or confused the expiry date of your Outdoors Card with the validity period of your hunting licence.

The Licence Did Not Apply in That Wildlife Management Unit

A licence, tag, validation, controlled-hunt authorization, or allocation may apply only in a particular Wildlife Management Unit or hunting area.

The Online Transaction Did Not Complete

A payment failure, account problem, incomplete transaction, or delayed licence-summary update may create a dispute about whether the required licence had actually been issued.

You Relied on Another Hunter’s Tag

Party hunting can be lawful in some circumstances, but it does not remove every individual licensing requirement.  The species, licences, tags, participants, location, and actions of each hunter must be reviewed.

You Were Only Accompanying Another Hunter

You may dispute that you were personally hunting.  Relevant facts can include whether you carried a firearm or bow, called or tracked wildlife, pushed animals toward another hunter, handled equipment, or otherwise participated in the hunt.

You Were Scouting

Scouting is not automatically hunting.  The purpose of the activity, the equipment carried, and what you were doing at the time may determine whether the legal definition of hunting was met.

Your Residency Status Was Disputed

The Ministry may allege that you obtained a resident licence without satisfying Ontario’s residency requirements.  Address records, identification, residence history, and licence information may become important.

What Evidence May Be Used?

Hunting-without-a-licence cases often depend on documents, timestamps, location information, officer observations, and statements made during the investigation.

Evidence may include:

• Ministry licence records: These may show the licence type, issue date, purchase time, validity period, residency category, and status.
• Licence summaries: A printed or digital summary may show which licences were held at the relevant time.
• Purchase records: Receipts, emails, screenshots, payment records, and transaction timestamps may establish when a licence was purchased.
• Tags and authorizations: Tags, allocations, validations, permits, and controlled-hunt records may show the limits of the hunting authority.
• Conservation Officer notes: Notes may record what the officer saw, what documents were produced, and what statements were made.
• Audio or video: Body-camera footage, vehicle video, trail-camera images, or other recordings may show the inspection or hunting activity.
• Photographs: Images may show wildlife, firearms, equipment, vehicles, licence documents, or the location.
• GPS and mapping records: Device data, hunting applications, vehicle information, and maps may help establish the location or Wildlife Management Unit.
• Witness evidence: Hunting partners, guides, outfitters, landowners, and others present may provide evidence.
• Statements: Anything said to an officer or another witness may become part of the prosecution case.
• Seized property: Wildlife, firearms, ammunition, tags, electronic devices, and equipment may be examined as evidence.

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.

Possible Defences and Legal Issues

There is no single defence that applies to every hunting-without-a-licence charge.  The available issues depend on the offence wording, the facts, the applicable law, and the prosecution evidence.

Possible issues may include:

• you held the required hunting licence;
• the licence was valid on the alleged offence date;
• the licence had been issued before the hunting activity began;
• the correct licence appeared on an updated licence summary;
• the Ministry records were incomplete, delayed, duplicated, or inaccurate;
• the wrong wildlife species or legal category was identified;
• the activity was authorized by another licence or regulatory exception;
• you satisfied the individual requirements for lawful party hunting;
• your conduct did not legally amount to hunting;
• the wrong person was identified;
• the location or Wildlife Management Unit cannot be proven;
• the date or time of the alleged activity cannot be proven;
• the Conservation Officer misunderstood or inaccurately recorded what occurred;
• the inspection, detention, search, or seizure exceeded lawful authority;
• a statement was obtained or used improperly;
• you took all reasonable steps to comply with the law; or
• the prosecutor cannot prove every required part of the charge beyond a reasonable doubt.

Due Diligence

Due diligence generally means taking all reasonable steps to understand and follow the law.  Whether it is legally available depends on the nature and wording of the offence.

Relevant evidence may include:

• checking the licence requirements before hunting;
• purchasing the required licence before the hunt;
• confirming that the transaction was completed;
• downloading an updated licence summary;
• checking the Wildlife Management Unit and season rules;
• confirming tag, allocation, and validation requirements;
• keeping receipts and confirmation emails; and
• contacting the Ministry or a licence issuer when account information appeared incorrect.

Reasonable Mistake of Fact

A reasonable mistake of fact may arise where you honestly and reasonably believed facts that, if true, would have made the hunting lawful.

This is different from simply not knowing the law.  The mistaken belief generally must concern facts, and it must be both honestly held and reasonable in the circumstances.

What Should You Do After Receiving the Charge?

1. Read the charging document: Record the exact offence, section number, date, location, response deadline, and court information.
2. Confirm the wildlife category: Determine whether the allegation concerns big game, another game mammal, a game bird, a furbearing mammal, or another category.
3. Preserve your licence summary: Keep the version that existed on the alleged offence date.
4. Check the purchase time: Save receipts, emails, payment records, and transaction timestamps.
5. Keep every tag and authorization: Preserve tags, validations, allocations, permits, and controlled-hunt records connected with the hunt.
6. Write a factual timeline: Record when the activity began, what you were doing, who was present, and what was said.
7. Preserve electronic evidence: Keep original screenshots, photographs, videos, GPS data, messages, and account records.
8. Retain seizure documents: Keep every property receipt, inventory, notice, officer name, badge number, and occurrence number.
9. Identify witnesses: Record the names and contact information of hunting partners, landowners, guides, and others present.
10. Protect every deadline: Do not miss the ticket-response deadline or required court appearance.

Before providing additional written explanations about the incident, consider obtaining legal advice.  Further statements may become part of the prosecution evidence.

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

Conservation Officers may have statutory authority to seize property believed to provide evidence of an offence or to have been used in connection with unlawful hunting.

Property that may be affected can include:

• hunting licences and licence summaries;
• Outdoors Cards, tags, permits, and authorizations;
• firearms and ammunition;
• bows and hunting equipment;
• vehicles, ATVs, snowmobiles, boats, and trailers;
• mobile phones and electronic records;
• harvested wildlife or wildlife parts; and
• other property allegedly connected with the investigation.

Seizure means the authorities take temporary control of property. Forfeiture means ownership may be permanently lost through a court order or another process authorized by law.

Property is not automatically forfeited merely because it was seized.  The authority for the seizure, property inventory, continuity records, related charges, and process for seeking return of the property should be reviewed.

What Happens After You Are Charged?

Provincial Offence Notice

A provincial offence notice, commonly called a ticket, provides response options and a deadline.  Paying the amount shown will generally result in a conviction.

Summons

A summons is a court document requiring you to attend court or respond in the manner stated.  It should not be ignored.

Disclosure

Disclosure is the evidence the prosecutor intends to use.  It may include officer notes, video, licence records, photographs, witness statements, maps, GPS information, seizure records, and statements attributed to you.

Resolution or Trial

After disclosure is reviewed, the case may proceed through court appearances, discussions with the prosecutor, a proposed resolution, withdrawal of the charge, or trial.

At trial, the prosecutor must present evidence proving every required part of the offence beyond a reasonable doubt.

Licence Requirements by Species

The licence required depends on the wildlife you were hunting.  Ontario uses different licences, tags, permits, allocations, and authorizations for different species.

Select the type of hunting involved to learn more about the requirements that may apply:

• Hunting Without a Deer Licence
• Hunting Without a Moose Licence
• Hunting Without a Black Bear Licence
• Hunting Without a Small Game Licence
• Hunting Without a Wild Turkey Licence
• Hunting Without a Migratory Game Bird Permit

Each species page explains the licence, tag, permit, and authorization requirements for that type of hunting and the related charges that may arise from the same incident.

Related Hunting Charges

• Failing to Carry or Produce a Hunting Licence
• Hunting Without an Outdoors Card
• Hunting Without a Tag
• Using Another Person’s Licence or Tag
• Hunting Outside the Authority of a Licence
• Hunting During a Closed Season
• Providing False Licence or Residency Information
• Possessing Illegally Killed Wildlife
• Obstructing a Conservation Officer

One hunting incident can result in several charges.  Each allegation must be considered separately because each has its own legal requirements and evidence.

How DefendCharges.ca Can Help

Depending on the circumstances, assistance may include:

• reviewing the ticket, summons, and exact charge wording;
• confirming the applicable law and court deadlines;
• identifying the relevant wildlife and licence category;
• reviewing licence summaries, receipts, tags, and authorizations;
• comparing Ministry records with your documents;
• requesting and reviewing disclosure;
• examining officer notes, video, photographs, maps, and statements;
• assessing whether your conduct legally amounted to hunting;
• identifying possible factual, due diligence, mistake-of-fact, procedural, or Charter issues;
• reviewing an inspection, detention, search, or seizure;
• addressing seized firearms, vehicles, equipment, or wildlife;
• communicating with the prosecutor where appropriate;
• discussing possible resolution options; and
• preparing for trial where required.

What Should You Have Ready?

• the ticket, summons, or offence notice;
• the exact charge wording and section number;
• the court date or response deadline;
• your Outdoors Card;
• the licence summary that applied on the alleged offence date;
• the relevant hunting licence;
• licence receipts, emails, and payment records;
• tags, allocations, validations, and permits;
• Ministry account screenshots or records;
• the Wildlife Management Unit and property location;
• seizure receipts and property inventories;
• photographs, videos, GPS information, maps, or messages;
• the names of people who were present; and
• a brief factual timeline of the incident.

Have a Question About This Hunting Charge?

Every hunting case is different.  The applicable law depends on the exact charge, the evidence, the hunting activity, the species involved, and the circumstances of the investigation.

If you have questions about your hunting ticket, summons, or seizure, contact us to discuss your situation.

Key Takeaways

• Ontario law generally requires the proper licence before a person hunts prescribed wildlife.
• An Outdoors Card is not the same as a hunting licence.
• A hunting licence does not necessarily replace a required tag, permit, validation, or allocation.
• Hunting without a licence is different from failing to carry or produce a valid licence.
• A person may be charged even if no wildlife was shot or killed because Ontario defines hunting broadly.
• The prosecutor must prove that you were hunting and did not hold the required licence.
• The set fine for an Ontario resident hunting big game without a licence is $500.
• The set fine for a non-resident hunting big game without a licence is $600.
• The general statutory maximum for an offence under the Act is a $25,000 fine, one year of imprisonment, or both.
• The statutory maximum is not the automatic or usual outcome of every charge.
• Paying an offence notice will generally result in a conviction.
• Licence summaries, purchase timestamps, tags, Ministry records, officer notes, GPS information, and video may be important evidence.
• Due diligence or a reasonable mistake of fact may be relevant depending on the offence and evidence.
• Seized property is not automatically forfeited.
• Important documents and electronic evidence should be preserved promptly.

Conclusion

A hunting-without-a-licence charge should be reviewed using the exact offence wording, statutory section, wildlife species, residency category, licence summary, purchase records, tags, Ministry account information, Conservation Officer evidence, and the law in force on the alleged offence date.

The outcome may depend on whether your conduct legally amounted to hunting, whether the required licence had been issued, whether an exception applied, whether the licence authorized the particular hunt, and whether the prosecutor can prove every required part of the charge beyond a reasonable doubt.