Hunting Without a Tag in Ontario:

I Received a Hunting Without a Tag 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 ticket will generally be treated as pleading guilty and will result in a conviction.

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 each charge;
• The section of law listed on the ticket or summons;
• The wildlife species involved;
• The alleged date and location;
• The applicable Wildlife Management Unit;
• Whether a tag was required for that hunt;
• Whether a tag had been issued to you or another party member;
• Whether the tag was valid for the hunt involved;
• Whether party hunting was permitted;
• Whether the tag had already been used or invalidated;
• Whether wildlife or other property was seized; and
• The response deadline or court date.

Keep your tag, Licence Summary, purchase records, allocation results, hunting licence, Outdoors Card information, photographs, messages, maps, 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 an investigation may be used as evidence.

Should I Pay a Hunting Without a Tag Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure you understand whether the allegation is truly hunting without a tag or a different tag-related offence.

For example, the allegation may concern:

• Having no tag at all;
• Using a tag that did not apply to the hunt;
• Relying on another hunter’s tag;
• Hunting after a tag had already been used;
• Failing to carry or produce a tag;
• Failing to invalidate or attach a tag; or
• Possessing or transporting wildlife without the required tag.

These allegations are not necessarily interchangeable.  Each may involve different facts, legal provisions, evidence, and possible defences.

The amount shown on the ticket may also be only one part of the consequences.  A conviction could affect hunting privileges, seized wildlife, related charges, or property taken during the investigation.

What Is Hunting Without a Tag?

This charge generally alleges that you hunted wildlife without possessing or being lawfully covered by the valid tag required for that hunt.

A hunting tag is separate from a hunting licence.  A licence may authorize you to hunt a species, while a tag provides authority connected with harvesting a particular animal under specified conditions.

A hunting-without-a-tag allegation may arise where:

• No required tag had been issued;
• The hunter held a licence but not the required tag;
• The tag did not apply to the location or season;
• The tag did not authorize the animal involved;
• The tag had already been used or invalidated;
• The hunter began hunting before obtaining the tag;
• The hunter improperly relied on another person’s tag; or
• The requirements for a lawful party hunt were not met.

This page explains the general offence.  The more detailed species-specific pages explain how the tag and authorization rules apply to particular hunts.

Which Species-Specific Tag or Authorization Charge Matches Your Ticket or Summons?

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

Hunting Deer Without a Tag

This charge may involve hunting deer without a valid deer tag, using a tag that did not apply to the Wildlife Management Unit or deer type involved, or relying on another hunter’s tag when the party-hunting requirements were not met.

Hunting Moose Without a Tag

This charge may involve hunting moose without being covered by a valid moose tag, hunting a moose type not authorized by the tag, or participating in a party hunt that allegedly did not meet Ontario’s moose-tag requirements.

Hunting Turkey Without a Tag

This charge may involve hunting wild turkey without the required tag, hunting after the available tag had already been used, or failing to comply with a condition attached to the tag.

Hunting More Than Your Tag Allows

This charge alleges that the number or type of deer hunted or harvested exceeded the authority provided by the available tag, Additional Deer Tag, controlled-hunt authorization, or party-hunting arrangement.

Hunting Antlerless Deer Without Authorization

This charge may involve hunting an antlerless deer without the tag, validation, Additional Deer Tag, controlled-hunt authorization, or lawful party-hunting authority required for that animal.

Exceeding Moose Tag Limits

This charge may involve hunting or harvesting more moose than the party’s tags allowed, taking a moose type not authorized by the available tag, or continuing to hunt after the applicable tag authority had been used.

What Is the Difference Between a Hunting Licence and a Tag?

A hunting licence and a hunting tag are different authorizations.

Hunting Licence

A hunting licence authorizes a person to hunt the species or class of wildlife identified by the licence, subject to the applicable season, location, method, and other legal conditions.

Hunting Tag

A tag provides authority connected with harvesting a particular animal.  The tag may be limited by species, Wildlife Management Unit, season, animal type, age, sex, or another condition.

Licence Summary

A Licence Summary lists the hunting products connected with the hunter’s account.  It may help establish what licences and tags were issued, but it does not necessarily replace a printed tag where one must be carried.

Outdoors Card

An Outdoors Card identifies the hunter within Ontario’s licensing system.  Holding an Outdoors Card does not mean the person holds every licence or tag required for the hunt.

Does Every Ontario Hunt Require a Tag?

No. A tag is required only where Ontario’s hunting rules require one for the wildlife and hunt involved.

Tags are commonly associated with:

• White-tailed deer;
• Moose;
• American elk;
• Black bear;
• Wild turkey; and
• Wolves or coyotes in Wildlife Management Units where a tag is required.

Other wildlife may be hunted under an applicable licence without a separate species-specific tag.

The important question is not simply whether you held a hunting licence.  It is whether the law required a tag for the hunt and whether you or your hunting party were lawfully covered by a valid tag.

What Must Be Proven?

The prosecutor must prove every required part of the charge beyond a reasonable doubt.

Depending on the wording of the allegation, the prosecutor may need to prove that:

• You were the person involved;
• Your conduct legally amounted to hunting;
• The incident occurred in Ontario at the alleged location;
• The wildlife involved required a tag;
• The tag requirement applied to that hunt;
• You did not possess the required valid tag;
• You were not lawfully covered by another party member’s tag; and
• No exemption or other legal authority applied.

If you had a tag but the prosecutor alleges that it was invalid, the prosecution must establish the condition or restriction that made it invalid for the particular hunt.

The prosecution must also prove the offence actually written on the ticket or summons.  Hunting without a tag is different from failing to carry, invalidate, attach, or properly use a tag.

What Law Applies?

The Fish and Wildlife Conservation Act, 1997 and Ontario Regulation 665/98, commonly called the Hunting Regulation, contain Ontario’s principal hunting licence and tag rules.

The applicable provisions may address:

• Whether a tag is required;
• Who may be issued or use the tag;
• Where and when the tag is valid;
• What wildlife the tag authorizes;
• Whether party hunting is permitted;
• When the tag must be invalidated or attached; and
• How tagged wildlife may be possessed or transported.

The exact section depends on the species and conduct alleged.  Deer, moose, wild turkey, black bear, elk, and wolf-or-coyote tag allegations may involve different requirements.

The section shown on the ticket or summons should be reviewed together with the tag, Licence Summary, Ministry records, and the law in force on the alleged offence date.

The current Ontario Hunting Regulations Summary is a useful practical reference, but it is a summary and not a complete statement of the law.

Can You Hunt Under Another Person’s Tag?

Sometimes, but only where the applicable party-hunting rules permit it and every requirement is followed.

Party hunting does not allow hunters to freely lend, transfer, or exchange tags.

Depending on the species, a lawful party hunt may require that:

• The tag holder is actively participating in the hunt;
• The hunters are hunting together as a party;
• Every hunter holds the required individual licence;
• The tag is valid for the wildlife and location involved;
• The tag has not already been used;
• The tag is invalidated when required; and
• The party remains within the combined authority of its tags.

Party-hunting rules vary by species.  A practice permitted during a deer hunt may not apply in the same way during a moose, black bear, or wild turkey hunt.

Can You Be Charged if No Animal Was Killed?

Yes. A person may face a hunting-without-a-tag 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.

A person accused of hunting may dispute that characterization and say they were scouting, travelling, accompanying another person, transporting equipment, or participating in another lawful activity.  The answer depends on the conduct, purpose, equipment, location, and available evidence.

What Is the Fine for Hunting Without a Tag?

The fine depends on the species, offence wording, and legal provision identified on the ticket or summons.

A set fine is the amount assigned when an offence is prosecuted by ticket.  The total payable amount may be higher after the victim fine surcharge and court costs are added.

The exact set fine should be confirmed using the offence wording, regulation section, and set-fine schedule in force on the alleged offence date.

A set fine is different from the maximum penalty available after conviction.  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.

These are maximum penalties, not the automatic or usual outcome of every hunting-without-a-tag charge. The result depends on the offence, circumstances, species, record, and manner in which the case proceeds.

What Other Penalties Are Possible?

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

• Suspension or cancellation of hunting privileges;
• Restrictions on obtaining future licences or tags;
• Seizure or forfeiture of wildlife;
• Orders affecting firearms, vehicles, boats, ATVs, or equipment;
• Probation or another court order; and
• Consequences arising from related hunting charges.

These consequences are not automatic in every case.  They depend on the offence, the evidence, the outcome, and any order made by the court.

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

What Evidence Is Commonly Used?

Hunting-without-a-tag cases often depend on the tag, licensing records, officer observations, location evidence, and statements made during the investigation.

Evidence may include:

• The original hunting tag;
• The Licence Summary;
• Licence and Outdoors Card records;
• Tag purchase or issuance records;
• Allocation or controlled-hunt records;
• Conservation Officer notes and reports;
• Photographs, video, or audio recordings;
• GPS, mapping, or cellphone information;
• Wildlife Management Unit maps;
• Wildlife, firearms, bows, or hunting equipment;
• Statements from hunting partners or witnesses; and
• Statements attributed to the accused hunter.

Where party hunting is involved, the evidence may address who held the tag, whether the tag holder was actively participating, and whether the party remained within the authority of its available tags.

Disclosure is the evidence the prosecutor intends to use.  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

No Tag Was Issued

The hunter may have held the applicable hunting licence but did not obtain the separate tag required for the wildlife involved.

The Tag Did Not Apply to the Hunt

The hunter may have possessed a tag, but the Ministry alleges that it was not valid for the location, season, animal type, or other condition involved.

The Tag Had Already Been Used

The prosecution may allege that the tag had already been invalidated, attached to another animal, or used during an earlier harvest.

The Tag Was Obtained Too Late

The hunter may have purchased, claimed, or printed the tag after the alleged hunting had already begun.

The Hunter Relied on Another Party Member’s Tag

The hunter may have believed they were covered by another person’s tag, but the prosecutor may allege that the party-hunting requirements were not met.

The Person Disputes That They Were Hunting

The person may say they were scouting, travelling, accompanying another hunter, or helping with equipment rather than personally hunting wildlife.

Possible Defences

Possible defences depend on the exact offence, species, tag, Ministry records, and evidence. Not every defence applies to every case.

Issues that may need to be reviewed include:

• You possessed a valid tag: The tag, Licence Summary, Ministry records, or purchase records may confirm that the required authority existed.
• The tag applied to the hunt: The prosecution may be mistaken about the tag’s conditions or the location, season, or animal involved.
• You were lawfully party hunting: The tag holder may have been actively participating and the party may have complied with the applicable rules.
• No tag was required: The prosecution must prove that a tag requirement applied to the particular hunt.
• You were not hunting: Being present with hunters or equipment does not automatically prove that your conduct legally amounted to hunting.
• The location or wildlife was not proven: The evidence may not establish the WMU, species, sex, age, or animal type required by the charge.
• The wrong person was identified: The evidence may not prove that you were the hunter involved.
• Due diligence: Section 101 of the Act may provide a defence where the person took all reasonable steps to prevent the offence.
• Reasonable mistake of fact: The person may have honestly and reasonably believed facts that, if true, would have made the activity lawful.
• Evidence or Charter issues: Officer notes, records, searches, seizures, questioning, or statements may require legal review.

A mistake of fact concerns an honest and reasonable belief about facts.  Simply forgetting a tag or misunderstanding what the law required may not, by itself, provide a defence.

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

Property connected with an alleged tag offence may be seized where lawful authority exists.

Depending on the investigation, seized property may include:

• Wildlife or animal parts;
• Tags, licences, or Licence Summaries;
• Firearms, ammunition, bows, or hunting equipment;
• Vehicles, boats, ATVs, or trailers;
• Cellphones, cameras, or GPS devices; 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.

Seized property is not automatically forfeited.  Keep every property receipt, inventory, officer name, occurrence number, and notice provided during the investigation.

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 every required part of the charge beyond a reasonable doubt.  If there is a conviction, the court determines 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-without-a-tag investigation may lead to other charges where additional licence, season, possession, or transportation requirements were allegedly not followed.

• Hunting Without a Licence
• Hunting Without an Outdoors Card
• Hunting During a Closed Season
• Illegal Possession of Wildlife
• Transporting Wildlife Without Required Tags

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, the offence wording, tag, Licence Summary, Ministry records, allocation results, and circumstances surrounding the allegation.

Legal assistance may include requesting disclosure, reviewing Conservation Officer evidence, determining whether a tag was required, examining party-hunting rules, and assessing whether the tag applied to the hunt involved.

DefendCharges.ca can also explain the possible 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 hunting licence and tag are different authorizations, and both may be required;
• The precise tag rules depend on the species and hunt involved;
• The prosecutor must prove that a valid tag was legally required;
• A person may be charged even if no wildlife was killed;
• Party hunting does not allow tags to be freely lent or transferred; and
• The tag, Ministry records, location, and evidence may affect the available response.

Conclusion

Hunting without a tag is a general allegation that can involve several different situations.  The accused person may have had no tag, possessed a tag that did not apply to the hunt, or relied on another hunter’s tag when the legal requirements were allegedly not met.

The detailed rules depend on the species involved.  The linked deer, moose, wild turkey, and related authorization pages provide more focused information about those charges.

Before paying a ticket or responding to a summons, review the offence wording, tag, Ministry records, location, and possible consequences so that you understand the allegation and the options available.