Hunting Without Permission in Ontario:

I Received a Hunting Without Permission 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 help identify the exact allegation against you.

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 offence wording and section number;
• The alleged date and location;
• The property boundaries;
• Who owned, occupied, managed, or controlled the land;
• Whether permission was given and who provided it;
• Whether the permission was verbal, written, or communicated through another person;
• Whether the permission covered hunting or only entering the property;
• Whether any limits applied to the date, species, area, or hunting method;
• Whether signs, fences, markings, crops, or verbal instructions gave notice;
• Whether permission was withdrawn or you were directed to leave;
• Whether a wounded animal entered the property;
• Whether wildlife or other property was seized; and
• The response deadline or court date.

Keep any written permission, text messages, emails, maps, photographs, GPS information, property records, witness information, hunting-group messages, and documents provided by the Conservation Officer.

Consider obtaining legal advice before giving an additional written or recorded explanation.  Further statements may become part of the prosecution evidence.

Should I Pay a Hunting Without Permission Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure the charge accurately describes what happened and that you understand the possible consequences.

Important questions may include:

• Did you have permission to enter or hunt?
• Did the person who gave permission have authority over the property?
• Was the permission still valid on the alleged offence date?
• Did your activity remain within the permission you received?
• Was legally sufficient notice given against entry or hunting?
• Did you cross the property boundary identified by the officer?
• Were you hunting or participating in another activity?
• Were you directed to leave, and did you comply?
• Did a written-permission rule apply to the particular hunt?
• Does the section on the ticket match the conduct alleged?

Private ownership alone does not prove every hunting-without-permission allegation.  The prosecutor must prove the elements of the specific offence charged.

The amount shown on the ticket may also be only one possible consequence.  A conviction may affect hunting privileges or arise with additional trespass, licence, tag, firearm, possession, or transportation charges.

What Is Hunting Without Permission?

Hunting without permission generally means entering, remaining on, or hunting on property without the consent or lawful authority required by Ontario law.

The allegation may arise where:

• You entered property after being told that entry or hunting was prohibited;
• You passed signs, fences, gates, or markings that gave notice against entry;
• You hunted after the owner or occupier withdrew permission;
• You failed to leave after being directed to leave;
• You entered cultivated land to hunt without express permission;
• You allowed a hunting dog to enter cultivated land without express permission;
• You relied on permission from someone who did not control access to the property;
• You went beyond the area, date, species, or activity covered by the permission;
• You entered to retrieve wounded wildlife without obtaining permission; or
• You failed to obtain written permission where a specific rule required it.

Permission to enter property is not always permission to hunt.  Permission to cross a field, use a trail, park a vehicle, retrieve equipment, or visit a residence may not authorize hunting.

Permission can also be limited.  An owner or occupier may permit deer hunting but not wild turkey hunting, authorize hunting on one part of the property, limit access to certain dates, or prohibit the use of vehicles or dogs.

How Is Hunting Without Permission Different From Trespassing While Hunting?

The terms overlap, but they are not always used in exactly the same way.

Hunting without permission usually focuses on whether you had the consent or authority required to enter or hunt on the property.  Trespassing while hunting may focus more specifically on entering or remaining on land contrary to notice, hunting while legally trespassing, or failing to leave when directed.

The actual charge may be described as:

• Trespass for the purpose of hunting;
• Trespass while possessing a firearm or hunting device;
• Hunting while trespassing;
• Failing to leave while trespassing;
• Entering cultivated land without express permission; or
• Another property-related hunting offence.

The wording and section number on the ticket or summons determine what the prosecutor must prove.  For a detailed explanation of the neighbouring offence, see Trespassing While Hunting.

Does Hunting on Private Land Always Require Written Permission?

No.  Not every private-land hunting situation is governed by the same written-permission requirement. The applicable rule depends on the property, the notice given, the wildlife, the location, and the type of hunt.

Clear written permission is still the safest approach because it can confirm:

• Who provided permission;
• Which hunters were included;
• Which property or area was covered;
• Which species could be hunted;
• Which dates were permitted;
• Whether vehicles or dogs could be used; and
• Whether wounded or harvested wildlife could be retrieved.

Ontario’s current hunting rules identify specific hunts for which written landowner permission on the prescribed government form is required, including:

• Hunting elk on private land;
• Hunting moose on private land in Wildlife Management Unit 65; and
• Hunting deer on private land in Wildlife Management Units 43A, 43B, and 44.

Before hunting on a First Nation reserve, hunters should obtain permission from the Band Council.

Other private-property situations may be governed by the Trespass to Property Act, the Security from Trespass and Protecting Food Safety Act, 2020, the Fish and Wildlife Conservation Act, 1997, or conditions imposed by the owner or occupier.

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.

The required elements depend on the offence written on the ticket or summons.

Trespass for the Purpose of Hunting

The prosecutor may need to prove that:

• You were the person who entered the property;
• The property was covered by the applicable trespass law;
• Notice prohibited entry or hunting;
• You entered contrary to that notice;
• You entered for the purpose of hunting; and
• You did not have permission or another lawful right to enter.

Hunting While Trespassing

The prosecutor may need to prove that:

• You were on the property without lawful authority;
• Your presence amounted to trespassing under the applicable law;
• You were hunting while on the property; and
• No permission, exemption, or other authority applied.

Entering Cultivated Land Without Express Permission

The prosecutor may need to prove that:

• The land contained a growing or standing crop;
• You entered, or permitted a dog to enter, for the purpose of hunting;
• The person identified as the occupier controlled the land; and
• You did not have the occupier’s express permission.

The prosecutor must prove the offence actually charged.  Entering private property, hunting without written permission, and hunting while trespassing are not automatically interchangeable allegations.

What Law Applies?

Section 10 of Ontario’s Fish and Wildlife Conservation Act, 1997 contains the principal hunting-related trespass provisions.

Section 10(1) addresses conduct that may include:

• Entering property contrary to Ontario trespass legislation for the purpose of hunting;
• Entering while trespassing and possessing a firearm or other hunting device;
• Hunting while trespassing;
• Failing to leave while trespassing for the purpose of hunting; and
• Failing to leave while possessing a firearm or hunting device.

Section 10 also contains more specific rules:

• Section 10(3): Interfering with signs or markings that give notice against entry or hunting;
• Section 10(4): Entering private land in a party of more than 12 people without express permission where a member possesses a firearm or hunting device;
• Section 10(5): Entering, or permitting a dog to enter, land containing a growing or standing crop for the purpose of hunting without express permission; and
• Section 10(6): Entering certain Crown land used for retaining, propagating, or culturing wildlife or fish without express permission.

An occupier generally means a person who owns the property, is responsible for it, controls activities carried out there, or controls who may enter.  The occupier is not necessarily the registered owner.

The Trespass to Property Act and the Security from Trespass and Protecting Food Safety Act, 2020 may also affect whether entry was prohibited, how notice could be given, and whether the person was legally trespassing.

How Can Notice Against Entry or Hunting Be Given?

Notice does not always require a conventional “No Trespassing” sign.

Depending on the property and the law that applies, notice may be communicated through:

• Verbal or written instructions;
• Posted signs or approved symbols;
• Coloured markings;
• Fences or closed gates;
• Land under cultivation; or
• Another method recognized by law.

Notice may prohibit all entry or only a particular activity.  A person may be allowed to enter property for one purpose but still be prohibited from hunting there.

Whether legally sufficient notice was given may depend on where the notice appeared, what it communicated, the physical characteristics of the property, and which statute applies.

Can Permission Be Verbal?

Permission may be verbal in situations where the law does not specifically require written permission.

A verbal-permission case may depend heavily on the evidence.  The owner, occupier, hunter, and witnesses may disagree about:

• Whether permission was given;
• Who was included;
• Which property was covered;
• Which species could be hunted;
• How long the permission lasted; or
• Whether permission was later withdrawn.

Messages, emails, prior hunting arrangements, witness evidence, and the conduct of the parties may help establish the scope of the permission.

Where Ontario law specifically requires permission in writing or on a prescribed form, verbal permission may not satisfy that additional requirement.

Can You Enter Private Property to Retrieve Wounded Wildlife?

Not automatically. A wounded animal crossing onto neighbouring property does not necessarily give a hunter the right to enter that land.

Where entry or hunting is prohibited, seek permission from the owner or occupier before entering to retrieve the animal.  Entering without permission may lead to a property-related charge even where the animal was lawfully wounded on neighbouring land.

Record where the animal crossed the boundary and any attempts to contact the owner, occupier, Conservation Officer, or other appropriate authority.  Those steps may become relevant if the incident is investigated.

Can You Be Charged if No Animal Was Killed?

Yes. A hunting-without-permission or hunting-related trespass charge may be laid even if no wildlife was shot or killed.

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

Some section 10 offences may focus on entering property for the purpose of hunting or entering while possessing a firearm or other hunting device.  The prosecutor may not need to prove that wildlife was harvested.

Whether your actions legally amounted to hunting, or established a purpose to hunt, depends on the specific facts and evidence.

What Is the Fine for Hunting Without Permission?

The identified set fine is generally $200 for the principal hunting-related trespass offences under section 10 of the Fish and Wildlife Conservation Act, 1997.

This includes allegations involving:

• Trespass for the purpose of hunting;
• Trespass while possessing a firearm or hunting device;
• Hunting while trespassing;
• Failing to leave while trespassing;
• Interfering with trespass notice;
• Entering private land with a party exceeding the permitted size without express permission;
• Entering cultivated land without express permission; and
• Entering protected Crown land without express permission.

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 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 statutory maximums, not the automatic or usual result of every hunting-without-permission charge. The outcome depends on the exact offence, circumstances, record, and manner in which the case proceeds.

A person may also face a separate charge under Ontario’s property-access legislation.  Each charge on the ticket or summons should be reviewed individually.

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 wildlife 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 permission records, property boundaries, notice, witness accounts, and evidence showing what you were doing on the land.

The prosecutor may rely on:

• Statements from the owner, occupier, hunter, and other witnesses;
• Written permission, messages, emails, and prior communications;
• Signs, coloured markings, fences, gates, and photographs of the property;
• Maps, surveys, GPS information, and property records;
• Conservation Officer observations, notes, reports, and recordings;
• Trail-camera footage, photographs, videos, and electronic records;
• Firearms, bows, dogs, vehicles, and hunting equipment; and
• Statements attributed to the person charged.

The evidence may also address whether permission was withdrawn, whether a direction to leave was given, and whether the person remained on the property afterward.

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 allegation.  Learn more on the What Is Disclosure? page.

Common Situations That Lead to This Charge

The Hunter Believed Permission Covered the Entire Property

The owner may have permitted hunting in one field or bush lot, while the alleged activity occurred elsewhere on the property.

The Permission Came From the Wrong Person

The hunter may have relied on permission from a relative, employee, neighbour, or hunting partner who did not control access to the land.

The Permission Applied to a Different Species or Date

The occupier may have permitted deer hunting but not wild turkey hunting, or allowed access only during a specific period.

The Property Boundary Was Unclear

The hunter may have crossed an unmarked boundary or relied on an inaccurate map, GPS application, fence line, trail, road allowance, or verbal description.

The Hunter Entered to Retrieve Wounded Wildlife

The hunter may have followed a wounded animal onto neighbouring property without first obtaining permission.

The Hunter Was Told to Leave

A charge may arise where the hunter remained, continued hunting, or delayed leaving after the owner or occupier withdrew permission.

The Hunter Entered Cultivated Land

The allegation may involve entering or allowing a dog to enter land containing a growing or standing crop without express permission.

Possible Defences

Possible defences depend on the exact offence, property, permission, notice, boundaries, and evidence. Not every defence applies to every case.

Issues that may need to be reviewed include:

• You had permission: Written records, messages, emails, witnesses, or prior communications may show that entry or hunting was authorized.
• The person giving permission had authority: Permission may have come from an owner, tenant, farm operator, manager, or another person who controlled access.
• The permission covered your activity: The authorization may have applied to the date, location, species, and method involved.
• The permission had not been withdrawn: The evidence may not prove that you knew permission had ended before the alleged incident.
• No legally sufficient notice was given: The signs, markings, fences, instructions, or other notice may not have prohibited the alleged entry or activity.
• You did not cross the property boundary: Maps, surveys, GPS information, photographs, or witnesses may establish that you remained in a lawful area.
• You were not hunting: Travelling, scouting, photographing wildlife, accompanying another person, or retrieving property does not automatically establish hunting.
• You complied with the direction to leave: The evidence may show that you left promptly and did not remain contrary to the occupier’s instructions.
• The cultivated-land requirements were not proven: The prosecution may not establish that the property contained a growing or standing crop or that express permission was absent.
• 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: Property statements, signs, maps, GPS records, photographs, video, officer notes, or identification evidence may need to be challenged.

A belief that unsigned land was open to hunting may not, by itself, provide a defence.  Private property may still be fenced, cultivated, marked, or subject to another legally recognized form of notice.

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

Property connected with a broader hunting investigation may be seized where lawful authority exists.

Depending on the circumstances, the property may include:

• Wildlife or animal parts;
• Firearms, bows, ammunition, or hunting equipment;
• Vehicles, ATVs, snowmobiles, or boats;
• Licences, tags, maps, or documents; and
• Electronic devices or records where lawfully obtained.

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, 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.

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 specific offence 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 hunting-without-permission investigation may lead to other charges if additional property, licence, tag, firearm, possession, or hunting-method requirements were allegedly not followed.

• Trespassing While Hunting
• Hunting Without a Licence
• Hunting Without a Tag
• Hunting During a Closed Season
• Hunting Too Close to a Dwelling
• 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, property information, communications, maps, GPS records, permission evidence, and the circumstances surrounding the allegation.

Legal assistance may include requesting disclosure, reviewing Conservation Officer evidence, determining which property-access law applies, assessing whether permission or sufficient notice existed, and examining whether your conduct legally amounted to hunting or trespassing.

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

• “Hunting without permission” may describe several different property-related offences;
• Permission to enter land does not necessarily include permission to hunt;
• Permission may be limited by property area, date, species, hunter, or hunting method;
• Notice against entry or hunting may be given in several legally recognized ways;
• The identified set fine is generally $200 for the principal section 10 offences;
• You may be charged even if no wildlife was shot or killed; and
• The property boundaries, permission, notice, and evidence may affect the available response.

Conclusion

Hunting without permission is a general description that may involve entering property for the purpose of hunting, hunting while trespassing, failing to leave, entering cultivated land without express permission, or failing to obtain written permission where a specific rule required it.

The outcome may depend on the property boundaries, who controlled the land, what permission was provided, whether notice was given, what activity occurred, and what the Conservation Officer’s evidence shows.

Before paying a ticket or responding to a summons, review the exact offence wording, property information, permission records, maps, communications, and possible consequences so that you understand the allegation and the options available.