Trespassing While Hunting in Ontario:

I Received a Trespassing While Hunting Ticket or Summons.  What Should I Do?

Read every document carefully and do not ignore the response deadline or court date. The offence wording and section number should identify the particular 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, section number, alleged date, and location;
• The property boundaries and who owned, occupied, managed, or controlled the land;
• Whether you had permission and whether the person giving it had authority;
• Whether permission covered hunting and any limits involving the area, date, species, or method;
• Whether signs, fences, gates, coloured markings, crops, or verbal instructions gave notice;
• Whether permission was withdrawn or you were directed to leave;
• Whether you crossed the property boundary or remained on neighbouring land;
• Whether a wounded animal entered the property;
• Whether wildlife, firearms, vehicles, or equipment were seized; and
• The response deadline or court date.

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

Do not remove, alter, damage, or interfere with signs, fences, property markers, trail cameras, or other possible evidence.  Consider obtaining legal advice before giving an additional written or recorded explanation because further statements may become part of the prosecution evidence.

Should I Pay a Trespassing While Hunting 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 area and conditions permitted?
• 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?
• Does the section on the ticket match the conduct alleged?

Private ownership alone does not prove trespassing while hunting.  The prosecutor must establish that your presence or conduct contravened the applicable trespass law and that you were hunting at the time.

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

What Is Trespassing While Hunting?

Trespassing while hunting generally means engaging in hunting while unlawfully present on property or while hunting there contrary to a legally recognized restriction.

The allegation may arise where:

• You entered property after notice had been given that entry was prohibited;
• You entered land where hunting was specifically prohibited;
• You crossed a fence, locked gate, or marked property boundary while hunting;
• You ignored a “No Trespassing” or “No Hunting” sign;
• You hunted after permission was withdrawn or failed to leave when directed;
• You went beyond the area, date, species, or activity covered by the permission;
• You entered cultivated land, or allowed a hunting dog to enter it, without express permission;
• You followed wounded wildlife onto prohibited property without first obtaining permission;
• You relied on permission from someone who did not control access to the land; or
• You misunderstood or incorrectly identified the property boundary.

The allegation is not established merely because the land was privately owned.  The prosecutor must prove that your presence or activity violated the applicable trespass law.

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

How Is Trespassing While Hunting Different From Hunting Without Permission?

Trespassing while hunting is a specific legal allegation, while “hunting without permission” is a broader everyday description of several possible property-related offences.

A hunting-without-permission allegation may involve:

• Entering property for the purpose of hunting contrary to notice;
• Entering while trespassing and possessing a firearm or hunting device;
• Hunting while trespassing;
• Failing to leave after being directed to leave;
• Entering cultivated land without express permission; or
• Failing to obtain written landowner permission where a particular hunting rule requires it.

A charge of hunting while trespassing under section 10(1)(c) focuses on the allegation that you were both trespassing and actively hunting.  Another section 10 charge may apply to entering property for the purpose of hunting even where the prosecutor cannot prove that hunting had already begun.

The wording and section number on the ticket or summons determine what must be proven.  For a broader explanation, see Hunting Without Permission.

What Must Be Proven?

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

For a charge of hunting while trespassing under section 10(1)(c) of the Fish and Wildlife Conservation Act, 1997, the prosecutor will generally need to prove that:

• You were the person involved in the alleged incident;
• You entered or remained on the property;
• Your presence or conduct contravened the Trespass to Property Act;
• You were hunting while on the property;
• The incident occurred on the alleged date and at the alleged location; and
• You did not have permission, lawful authority, or another applicable defence.

The prosecutor may need to establish how notice was given, who controlled the property, where the boundary was located, whether permission existed, and whether your conduct legally amounted to hunting.

The court must consider both parts of the allegation.  Evidence that you entered property does not automatically prove you were hunting, and evidence that you were hunting does not automatically prove you were trespassing.

What Law Applies?

Section 10(1)(c) of the Fish and Wildlife Conservation Act, 1997 prohibits engaging in hunting while contravening the Trespass to Property Act.

Section 10(1) contains several separate hunting-related trespass offences:

• Section 10(1)(a): Entering premises contrary to applicable trespass law for the purpose of hunting;
• Section 10(1)(b): Entering premises while trespassing and possessing a firearm or other hunting device;
• Section 10(1)(c): Engaging in hunting while trespassing;
• Section 10(1)(d): Failing to leave while trespassing where the person was on the premises for the purpose of hunting; and
• Section 10(1)(e): Failing to leave while trespassing and possessing a firearm or other hunting device.

Section 10 also addresses other property-related conduct:

• Section 10(3): Interfering with signs or markings that prohibit 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 the occupier’s express permission; and
• Section 10(6): Entering certain Crown land used for retaining, propagating, or culturing wildlife or fish without express permission.

The Trespass to Property Act supplies the underlying rules concerning entry onto premises where entry or particular activities have been prohibited.

An occupier generally means someone 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 Security from Trespass and Protecting Food Safety Act, 2020 may also apply to certain farm and animal-protection zones.  The applicable statute depends on the property and the offence shown on the ticket or summons.

How Can Notice Against Entry or Hunting Be Given?

Notice can be given in several ways and does not always require a conventional “No Trespassing” sign.

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

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

Notice may prohibit all entry or only a particular activity.  For example, an occupier may allow someone to use a trail while prohibiting hunting, or permit hunting for one species while prohibiting another.

Ontario’s Hunting Regulations Summary advises hunters to obtain permission before entering private property and explains that land under cultivation is considered to provide notice against entry.

Whether legally sufficient notice was given may depend on the type of property, how the notice was communicated, where it appeared, what it prohibited, and the surrounding circumstances.

Does Private Property Always Need to Be Posted?

No.  The absence of a “No Trespassing” sign does not automatically mean that a person may lawfully enter or hunt on the property.

Notice may be provided through fences, gates, coloured markings, verbal instructions, written communications, or the condition and use of the property.  Cultivated land may also provide legally recognized notice against entry.

The hunter may also already know that entry or hunting is prohibited.  For example, an owner may previously have directed the person not to return or may have withdrawn earlier permission.

The way notice was allegedly given remains important.  The prosecutor must prove the underlying trespass using the requirements of the applicable law.

Can Permission Be Verbal?

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

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

• Whether permission was given;
• Who was included in the permission;
• Which property or area was covered;
• Which species or hunting activity was permitted;
• How long the permission remained valid; or
• Whether permission was later withdrawn.

Messages, emails, prior hunting arrangements, witness evidence, and the conduct of the parties may help establish whether permission existed and what it covered.

Where Ontario law specifically requires written permission or a prescribed government form, verbal permission may not satisfy that additional requirement.

Can You Enter Private Property to Retrieve Wounded Wildlife?

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

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

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

Can You Be Charged if No Animal Was Killed?

Yes. A person may be charged with trespassing while hunting even if no wildlife was shot, injured, captured, or killed.

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

Section 109 of the Fish and Wildlife Conservation Act, 1997 also provides that possessing a firearm, trap, decoy, or other hunting device in an area usually inhabited by wildlife may be evidence of hunting unless there is evidence to the contrary.

Whether your actions legally amounted to hunting depends on what you were doing, why you were doing it, and the available evidence.

What Is the Fine for Trespassing While Hunting?

The identified set fine for hunting while trespassing under section 10(1)(c) of the Fish and Wildlife Conservation Act, 1997 is $200.

Related section 10 offences also have identified set fines of $200, including allegations involving:

• Trespassing for the purpose of hunting;
• Trespassing while possessing a firearm or another hunting device;
• Failing to leave while trespassing;
• Interfering with trespass notice;
• Entering private land in a party exceeding 12 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 trespassing-while-hunting charge. The outcome depends on the offence, circumstances, record, and manner in which the case proceeds.

A person may also face a separate charge under the Trespass to Property Act, the Security from Trespass and Protecting Food Safety Act, 2020, or another law.  Every charge shown on the ticket or summons should be reviewed separately.

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

The prosecutor may rely on:

• Statements from the property 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, cell phone location data, and property records;
• Conservation Officer observations, notes, reports, and recordings;
• Trail-camera footage, photographs, videos, and electronic records;
• Firearms, bows, decoys, dogs, vehicles, and other hunting equipment; and
• Wildlife, animal parts, or statements connected with the investigation.

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 occupier 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 particular 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 Directed to Leave

A charge may arise where the hunter remained, continued hunting, or delayed leaving after the 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 charge, the permission given, the property boundaries, the alleged hunting activity, and the available evidence. Not every issue 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 and hunting were authorized.
• The person giving permission had authority: Permission may have come from an owner, tenant, farm operator, property manager, or another person who controlled access.
• The permission covered your activity: The authorization may have applied to the location, date, species, and hunting 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, gates, 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.
• The boundary was incorrectly identified: The prosecution’s map, survey, or understanding of the property line may be inaccurate.
• You were not hunting: Walking, travelling, scouting, photographing wildlife, accompanying another person, or carrying equipment 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 property was not subject to the alleged restriction: The legal status, use, or boundaries of the premises may not support the trespass allegation.
• 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.

An honest belief that unposted land was open to the public 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 both the underlying trespass and that you were hunting 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 trespassing-while-hunting investigation may lead to other charges if additional property, licence, tag, firearm, possession, or hunting-method requirements were allegedly not followed.

• Hunting Without Permission
• 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

• Trespassing while hunting generally means hunting while unlawfully present on property;
• The prosecutor must prove both the underlying trespass and that you were hunting;
• Permission to enter property does not necessarily include permission to hunt;
• Notice may be given through signs, instructions, markings, fences, gates, or cultivated land;
• The identified set fine for hunting while trespassing under section 10(1)(c) is $200;
• You may be charged even if no wildlife was shot or killed; and
• Property boundaries, permission, notice, and evidence of hunting may affect the available response.

Conclusion

Trespassing while hunting generally involves an allegation that you were hunting while your presence or activity on the property contravened Ontario trespass law.

The outcome may depend on the property boundaries, who controlled the land, what permission was given, whether legally sufficient notice existed, 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.