Hunting Too Close to a Road in Ontario:

I Received a Hunting Too Close to a Road Ticket or Summons.  What Should I Do?

Read every document carefully and do not ignore the response deadline or court date. The wording and section number should identify whether you are accused of possessing a loaded firearm near a road, discharging a firearm from a road, shooting across a road, or committing another related 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 of every charge and the section numbers shown;
• The alleged date, time, and location of the incident;
• Whether the location was a right of way used by public vehicles;
• Where the travelled portion of the road began and ended;
• Whether a fence line affected the restricted area;
• Whether the alleged location was within eight metres of the travelled portion;
• Whether the eight-metre restriction applied in that geographic area;
• Whether the restriction applied throughout the year or only during a particular hunting season;
• Whether the firearm was loaded;
• Whether the firearm was discharged;
• Where you and the firearm were located;
• Where the shot allegedly travelled;
• Whether a vehicle was involved;
• Whether an exception or authorization applied;
• Whether firearms, wildlife, vehicles, or other equipment were seized; and
• The response deadline or court date.

Keep photographs, videos, GPS information, maps, survey records, dash-camera footage, hunting-group messages, witness information, firearm photographs, and every document provided by the Conservation Officer.

Photographs showing the road surface, shoulder, ditch, fence line, signs, nearby property boundaries, and the location where the officer says you were standing may be important.

Do not assume that an estimated road boundary or distance is automatically correct.  The applicable boundary and measurement may need to be confirmed using photographs, maps, surveys, municipal records, or reliable measurements.

Should I Pay a Hunting Too Close to a Road Ticket?

Paying the ticket will generally result in a conviction. Before paying, make sure you understand the precise allegation, whether the section shown accurately describes what happened, and whether other consequences may follow.

Important questions may include:

• Was the location legally a right of way for public vehicular traffic?
• Where did the travelled portion of the road begin and end?
• Did a fence line affect the prohibited area?
• Did the eight-metre restriction apply in that municipality or geographic area?
• Was the restriction in effect on the date of the incident?
• Was the firearm legally considered loaded?
• Were you the person who possessed or discharged the firearm?
• Did the shot actually cross the travelled portion of the road?
• Did an officer measure the distance or only estimate it?
• Did any exception or authorization apply?
• Are you facing additional hunting, firearm, vehicle, or property-related charges?
• Was any property seized?

The amount shown on the ticket may not reflect the full consequences of a conviction.  Additional charges or court orders may affect hunting privileges or property seized during the investigation.

What Is Hunting Too Close to a Road?

“Hunting too close to a road” generally refers to possessing or discharging a firearm on, across, or near a right of way used by public vehicles contrary to Ontario law.

The allegation may arise where a person allegedly:

• Stood on the travelled portion of a road and discharged a firearm;
• Shot across the travelled portion of a road;
• Possessed a loaded firearm within a road right of way;
• Possessed a loaded firearm within eight metres of the travelled portion in a prescribed area;
• Discharged a firearm within eight metres of the travelled portion in a prescribed area;
• Fired from one side of a road toward wildlife on the other side;
• Fired along a road or down the roadway;
• Loaded a firearm before moving far enough away from the road;
• Removed a loaded firearm from a vehicle while still within the restricted area;
• Crossed a road while carrying a loaded firearm;
• Mistook a shoulder, ditch, or pull-off for land outside the right of way;
• Misidentified the edge of the travelled portion or the location of a fence line;
• Stopped on or beside a road after seeing wildlife and prepared to shoot; or
• Discharged a firearm from a vehicle stopped on or beside the road.

The offence is not determined only by how close the wildlife was to the road.  The important questions usually concern where the hunter and firearm were located, whether the firearm was loaded, and where any shot was discharged or travelled.

Wildlife may sometimes be lawfully hunted near a road where the hunter is outside the prohibited area and the firearm is not discharged from or across the travelled portion.  Other hunting, property, firearm, and municipal rules must still be followed.

What Is a Right of Way for Public Vehicular Traffic?

A right of way for public vehicular traffic generally means a road, route, or trail that is legally available for public vehicle use.

Depending on its legal status and use, it may include:

• A provincial highway;
• A county or regional road;
• A municipal road;
• A public gravel road;
• A public road maintained only during part of the year;
• A public forest-access road;
• A public trail open to vehicle traffic; or
• Another right of way legally available for public vehicular travel.

The complete right of way may be wider than the paved or gravel driving surface.  It can include shoulders, ditches, embankments, and land extending toward a fence line.

Whether a private road, abandoned road, unopened road allowance, seasonal route, trail, or forest-access road qualifies depends on its legal status, public accessibility, maintenance, and actual use.

A seasonal right of way may be subject to a road-related restriction only during the period when it is maintained for public vehicular traffic.

What Is the Travelled Portion of a Road?

The travelled portion is generally the part of the right of way ordinarily used by vehicles.

It will commonly include the paved, gravelled, or otherwise maintained driving surface.  It may not include every part of the wider road allowance.

This distinction matters because different restrictions may apply:

• One rule prohibits discharging a firearm from or across the travelled portion throughout Ontario; and
• Broader rules may prohibit possessing or discharging a loaded firearm within the right of way or within eight metres of the travelled portion in prescribed areas.

The exact edge of the travelled portion may become disputed where there is:

• A wide gravel shoulder;
• An unmarked roadside pull-off;
• A ditch;
• A snowbank;
• An irregular road edge;
• A seasonal road;
• A trail used by vehicles; or
• No visible fence line.

Photographs, measurements, municipal records, surveys, maps, officer notes, and witness evidence may be used to establish where the travelled portion began and ended.

Does the Eight-Metre Road Rule Apply Everywhere in Ontario?

No.  The eight-metre loaded-firearm restriction does not apply in exactly the same way throughout Ontario.

The broader restrictions apply in geographic areas prescribed by Ontario’s hunting regulations.

In many Southern Ontario locations, a person may be prohibited from possessing a loaded firearm within a right of way, within eight metres of its travelled portion, or within the applicable fence line.

In specified parts of Central and Northwestern Ontario, similar restrictions may apply only during an open gun season for deer or elk.

Outside the prescribed areas, the province-wide rule still prohibits discharging a firearm from or across the travelled portion of a right of way used by public vehicles.

Whether the broader restriction applied may depend on:

• The municipality or geographic township;
• The exact road or right of way;
• The date of the incident;
• Whether an open gun season for deer or elk was underway;
• The type and condition of the firearm; and
• The location of any fence line.

The applicable rule should be confirmed rather than assumed.

How Is the Eight-Metre Distance Measured?

The relevant distance is generally measured from the travelled portion of the right of way, subject to any applicable rule concerning a fence line.

Eight metres is approximately 26 feet.

Important questions may include:

• Where the travelled portion ended;
• Whether a shoulder formed part of the travelled portion;
• Whether a fence line existed;
• Where the hunter was standing;
• Where the firearm was located;
• Whether the firearm was loaded at that location;
• How the officer measured or estimated the distance;
• Whether the measurement used the correct starting point; and
• Whether the photographs or measurements accurately represented the scene.

An officer’s visual estimate may be compared with reliable measurements, photographs, GPS information, mapping records, survey evidence, or other location evidence.

The distance is not normally measured from the location of the wildlife.  The focus is generally the location of the person and loaded firearm in relation to the road.

Can You Carry an Unloaded Firearm Across a Road?

The provincial road restrictions primarily concern loaded firearms and firearm discharge, but other laws and safety requirements may still apply.

Whether a firearm may be lawfully carried across a road can depend on:

• Whether the firearm is unloaded;
• The type of firearm;
• The location and legal status of the road;
• Whether a vehicle is involved;
• The time of day;
• Applicable federal transportation requirements;
• Municipal firearm-discharge bylaws;
• The hunter’s licence and accreditation; and
• Any restrictions applying to the surrounding property or hunting area.

Loading the firearm before reaching a lawful distance from the road may result in a charge in a prescribed area.

A hunter must also handle the firearm with due care and avoid pointing or carrying it in a manner that creates a risk to motorists, passengers, nearby properties, or other people.

Can You Shoot Wildlife Standing Near or Across a Road?

The fact that wildlife is visible near or across a road does not make the shot lawful.

A hunter must consider:

• Where the hunter is standing;
• Whether the firearm is loaded within a prohibited area;
• Whether the shot would be discharged from the travelled portion;
• Whether the shot would cross any part of the travelled portion;
• Whether vehicles or people could enter the line of fire;
• Whether the wildlife is on property where the hunter has permission;
• Whether a municipal firearm-discharge restriction applies;
• Whether the firearm is being used with due care and attention; and
• Whether all licence, season, tag, and firearm requirements are satisfied.

Shooting across a road may result in a charge even where no vehicle was visible at the moment the shot was fired.

A hunter may also face a careless-hunting charge where the direction of fire created an unreasonable risk to people or property.

What Must Be Proven?

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

What must be proven depends on the section listed on your ticket or summons.

For an allegation involving possession of a loaded firearm in or near a right of way under section 17(1)(d), the prosecutor will generally need to prove that:

• You were the person who possessed the firearm;
• The object met the applicable legal definition of a firearm;
• The firearm was loaded;
• The location was within a prescribed geographic area;
• You and the firearm were within the prohibited part of the right of way or within eight metres of its travelled portion;
• The restriction applied on the date of the incident; and
• No lawful exception or authorization applied.

For an allegation involving discharge of a firearm in or near a right of way under section 17(1)(d), the prosecutor will generally need to prove that:

• You discharged the firearm;
• The discharge occurred within the prescribed prohibited area;
• The location was a right of way for public vehicular traffic;
• The geographic and seasonal requirements were met; and
• No lawful exception applied.

For an allegation under section 17(1)(e), the prosecutor will generally need to prove that:

• You discharged a firearm;
• The firearm was discharged from the travelled portion of a right of way used by public vehicles, or the shot travelled across that portion;
• The incident occurred on the date and at the location alleged; and
• No lawful exception applied.

The prosecutor must prove the requirements of the specific offence.  It is not enough merely to show that you were hunting somewhere near a road.

What Evidence Is Commonly Used?

Road-related hunting cases often depend on location evidence, measurements, road records, firearm evidence, and the alleged direction of a shot.

Evidence may include:

• Conservation Officer observations, notes, reports, photographs, and measurements;
• Statements from hunters, motorists, property owners, residents, or other witnesses;
• Statements allegedly made by the person charged;
• Body-camera, dash-camera, security-camera, trail-camera, or phone recordings;
• GPS records, maps, satellite images, and electronic location information;
• Municipal road records, surveys, plans, and maintenance information;
• Photographs showing the road surface, shoulder, ditch, fence line, signs, and surrounding property;
• The firearm, ammunition, cartridge cases, projectiles, arrows, or other equipment;
• Tire tracks, footprints, impact marks, blood, or other physical evidence;
• The position of a vehicle or hunting equipment;
• The location of wildlife or animal remains;
• Rangefinder readings or measurements taken at the scene;
• Hunting-group messages or electronic communications; and
• Documents concerning seized property.

Witnesses may disagree about where the hunter was standing, where the road began and ended, whether the firearm was loaded, or whether a shot crossed the road.

Photographs, surveys, maps, GPS information, road records, physical evidence, and accurate measurements may confirm or contradict those accounts.

What Law Applies?

Section 17 of Ontario’s Fish and Wildlife Conservation Act, 1997 contains the primary firearm restrictions relating to roads and hunting areas.

Section 17(1)(d) prohibits certain conduct in areas prescribed by the hunting regulations.  Depending on the applicable area, a person may be prohibited from:

• Possessing a loaded firearm within a right of way for public vehicular traffic;
• Possessing a loaded firearm within eight metres of the travelled portion of the right of way;
• Discharging a firearm within the right of way;
• Discharging a firearm within eight metres of the travelled portion; or
• Discharging a firearm across the right of way.

Where a fence line exists along the road, it may affect the boundary of the prohibited area.

Section 17(1)(e) applies throughout Ontario and prohibits discharging a firearm from or across the travelled portion of a right of way for public vehicular traffic.

Ontario Regulation 665/98, commonly called the Hunting Regulation, identifies the geographic areas in which the broader right-of-way and eight-metre restrictions apply.

In many parts of Southern Ontario, the loaded-firearm restriction applies throughout the year.  In specified parts of Central and Northwestern Ontario, it may apply during an open gun season for deer or elk.

The precise municipality, geographic township, hunting season, road status, and firearm involved must be reviewed before determining which restriction applies.

These offences are generally regulatory offences.  The prosecutor may not need to prove that you intended to break the law.  However, section 101 of the Act may permit a defence based on due diligence or an honest and reasonable mistake of fact where the legal requirements are met.

Due diligence means taking every reasonable step to avoid committing the offence.

An honest and reasonable mistake of fact may arise where a person honestly believed facts that, if true, would have made the conduct lawful, and that belief was reasonable in the circumstances.

Other laws may also apply, including:

• Section 16 of the Act concerning careless use of a firearm;
• Section 17(1)(a) concerning loaded firearms in or on vehicles and discharging firearms from vehicles;
• Section 20 concerning hunting and firearm possession at night;
• Municipal firearm-discharge bylaws;
• The federal Firearms Act and related regulations;
• The Criminal Code where dangerous firearm conduct is alleged; and
• Property and trespass laws.

Each charge has its own legal requirements.  The wording and section numbers shown on the ticket or summons identify what the prosecutor must prove.

What Is the Fine for Hunting Too Close to a Road?

The set fine for the main road-related firearm offences under section 17 is $500. The total payable amount may be higher after the required victim fine surcharge and court costs are added.

The $500 set fines include allegations involving:

• Unlawfully possessing a loaded firearm in a right of way in a prescribed area;
• Unlawfully discharging a firearm in a right of way in a prescribed area;
• Unlawfully discharging a firearm across a right of way in a prescribed area;
• Unlawfully discharging a firearm from the travelled roadway; and
• Unlawfully discharging a firearm across the travelled roadway.

A set fine is the amount assigned when an offence is dealt with by ticket.  It is different from the maximum penalty a court may impose following a conviction.

Under section 102 of the Fish and Wildlife Conservation Act, 1997, the general maximum penalty for an individual may include:

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

These are maximum penalties and are not the automatic or usual result of every road-related hunting conviction.

Under section 104 of the Act, a court may also restrict a person from possessing, applying for, or obtaining a hunting licence or authorization for a specified period.  An existing licence or authorization may be cancelled where the court makes the applicable order.

Additional charges involving careless hunting, a loaded firearm in a vehicle, hunting at night, trespassing, or another offence may result in separate fines, penalties, or court orders.

Can You Be Charged if No Animal Was Killed?

Yes. A road-related firearm charge does not require the prosecutor to prove that wildlife was killed, injured, or even shot at.

A person may be charged for:

• Possessing a loaded firearm within a prohibited road area;
• Discharging a firearm from the travelled portion of a road;
• Discharging a firearm across the travelled portion;
• Discharging a firearm within a prescribed right of way; or
• Discharging a firearm across a prescribed right of way.

The offence may be complete once the prohibited possession or discharge is proven.

Whether the person was hunting may still be relevant to the investigation, any additional charges, and the Conservation Officer’s authority to inspect the firearm or stop a vehicle.

Can Hunting Too Close to a Road Lead to Other Charges?

Yes. One incident may lead to several charges where different firearm, vehicle, property, or hunting requirements were allegedly violated.

For example, an allegation involving a shot from a roadside vehicle toward a dwelling could lead to charges involving hunting too close to a road, hunting from a vehicle, hunting too close to a dwelling, or careless hunting.

Additional allegations may arise where the incident involved:

• A loaded firearm in or on a vehicle;
• Discharging a firearm from a vehicle or boat;
• Unsafe firearm handling or discharge;
• Hunting too close to a dwelling;
• Hunting at night;
• Trespassing or hunting without permission;
• Hunting during a closed season;
• Illegal possession of wildlife; or
• Damage to property.

Each charge has separate legal requirements.  The wording and section numbers on the ticket or summons identify the allegations that must be considered.

Possible Defences

Possible defences depend on the precise charge, geographic area, road boundaries, measurements, firearm condition, direction of fire, and available evidence. Every case depends on its own facts, and no particular result can be guaranteed.

Issues that may need to be reviewed include:

• The firearm was not loaded: The firearm and ammunition may not have met the legal requirements for a loaded firearm.
• You were outside the prohibited distance: Measurements, photographs, GPS information, maps, or survey evidence may show that you were more than eight metres from the travelled portion.
• The eight-metre restriction did not apply: The location may not have been within a prescribed municipality or geographic township.
• The seasonal restriction was not in effect: In some areas, the broader road restriction applies only during an open gun season for deer or elk.
• The location was not a public vehicular right of way: The route may have been a private road, closed trail, abandoned route, or another location not covered by the provision.
• The seasonal road was not being maintained: The applicable restriction may not have applied at the time of the alleged incident.
• You did not possess the firearm: The evidence may not prove that you knew about and controlled the firearm.
• You did not discharge the firearm: The evidence may not reliably identify who fired the shot.
• The shot did not cross the travelled portion: The direction and path of the shot may differ from the officer’s or witness’s account.
• You were not standing within the travelled portion: Photographs, measurements, and physical evidence may show that you were outside the roadway.
• The object was not covered by the alleged restriction: The type of firearm or equipment involved and the applicable legal definition may need to be reviewed.
• You were incorrectly identified: The evidence may not prove that you were the person who possessed or discharged the firearm.
• An exception or authorization applied: The circumstances may support a statutory, regulatory, permit-based, or occupational exception.
• Due diligence: The evidence may show that you took every reasonable step to determine the road boundary, confirm the applicable restriction, and keep the firearm unloaded until you were lawfully positioned.
• Honest and reasonable mistake of fact: You may have honestly and reasonably believed facts that, if true, would have made the conduct lawful.
• The measurement was unreliable: The officer may have estimated the distance, measured from the wrong point, or incorrectly identified the travelled portion or fence line.
• The evidence is incomplete or inconsistent: Officer notes, witness statements, photographs, videos, maps, measurements, firearm evidence, or identification evidence may not reliably establish the offence.
• Evidence was obtained unlawfully: The circumstances of a vehicle stop, detention, firearm inspection, search, seizure, questioning, or statement may need to be reviewed.

Simply not knowing that the road restriction applied may not provide a defence.  The court may consider what reasonable steps were taken to identify the road boundary, confirm the applicable geographic rule, and keep the firearm unloaded until the hunter was lawfully positioned.

Could Firearms, Vehicles, Wildlife, or Hunting Equipment Be Seized?

Yes. Property connected to an alleged road-related hunting offence may be seized during an investigation where the legal requirements for seizure are met.

Depending on the circumstances, seized property may include:

• Firearms, bows, crossbows, or ammunition;
• Vehicles, ATVs, or snowmobiles;
• Wildlife or animal parts;
• Licences, tags, maps, or documents;
• GPS devices or electronic records;
• Rangefinders or measuring equipment; and
• Other hunting equipment.

Seizure means the property was taken into official custody.  It does not automatically mean the property will be permanently kept.

Forfeiture means ownership of the property is permanently transferred to the Crown.  Whether property must be returned or may be forfeited depends on the type of property, the charges, the evidence, and the outcome of the case.

Keep every seizure receipt, notice, ownership document, photograph, and communication concerning the seized property.

What Happens in Court?

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

A ticket generally provides response options and a deadline.  Paying the ticket will usually be treated as pleading guilty and will result in a conviction.

A summons normally requires you to attend the Ontario Court of Justice or respond as directed.  Ignoring it may lead to additional consequences.

If you dispute the charge, you may request disclosure.  Disclosure is the evidence the prosecutor intends to rely upon and may include Conservation Officer notes, witness statements, photographs, videos, road records, maps, surveys, measurements, GPS information, firearm evidence, and documents concerning seized property.

After disclosure is reviewed, the charge may be discussed with the prosecutor, resolved without a trial, or scheduled for trial.  At trial, the prosecutor must prove every required part of the offence beyond a reasonable doubt.

If there is a conviction, the court will determine the appropriate penalty and whether any additional order should be made concerning hunting privileges, licences, firearms, vehicles, wildlife, or other seized property.

Related Hunting Charges

A road-related hunting investigation may lead to other charges where additional firearm, vehicle, property, or wildlife rules were allegedly not followed.

• Hunting From a Vehicle
• Hunting at Night
• Careless Hunting
• Hunting Too Close to a Dwelling
• Trespassing While Hunting
• Hunting Without Permission
• Hunting During a Closed Season
• Illegal Possession of Wildlife

One incident may result in more than one charge.  Each allegation should be reviewed separately because the prosecutor must prove the legal requirements of each offence.

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 too close to a road may involve possessing a loaded firearm near a road, firing from a road, or firing across a road.
• Ontario prohibits discharging a firearm from or across the travelled portion of a right of way used by public vehicles.
• In prescribed areas, additional restrictions may apply within the road right of way or within eight metres of its travelled portion.
• The eight-metre rule does not apply in exactly the same way throughout Ontario.
• The set fine for the main section 17 road-related firearm offences is $500, before the victim fine surcharge and court costs.
• The road’s legal status, geographic area, measurements, firearm condition, and direction of fire may all affect the case.

Conclusion

Being charged with hunting too close to a road does not automatically mean you will be convicted.  The prosecutor must prove the particular offence shown on your ticket or summons, including the status and boundaries of the road, your location, the condition of the firearm, and whether it was discharged from or across a prohibited area.

Measurements, photographs, maps, surveys, GPS information, the location of any fence line, firearm evidence, witness statements, and the Conservation Officer’s observations may all affect the case.

Because a conviction may result in fines, court orders, seized property consequences, or restrictions affecting your hunting privileges, it is important to understand the allegation before paying a ticket, entering a guilty plea, or responding to a summons.