Hunting Without a Deer Licence in Ontario:

I Received a Hunting Without a Deer Licence Ticket or Summons.  What Should I Do?

Read every document carefully and do not miss the response deadline or required court date. Paying a ticket will usually be treated as pleading guilty and will result in a conviction without a trial.  A summons requires you to attend court or respond in the manner stated.

Before deciding how to respond, check:

• The exact wording and section number of every charge;
• The alleged date, location, and Wildlife Management Unit;
• Whether you were treated as a resident or non-resident;
• Whether a Deer Licence or Farmer’s Deer Licence appeared on your Licence Summary;
• When the licence was purchased and whether it applied to the alleged hunt;
• Whether apprenticeship or another legal authority was being relied upon; and
• Whether deer or other property was seized.

Keep your Outdoors Card, Licence Summary, licence and tag records, purchase receipts, confirmation emails, apprenticeship documents, maps, photographs, messages, and every document provided by the Conservation Officer.

Consider obtaining legal advice before paying the ticket, entering a plea, or giving an additional written or recorded statement.

Should I Pay the Ticket?

Paying the ticket will generally be treated as a guilty plea and will result in a conviction. Before paying, make sure you understand the exact offence alleged, its possible consequences, and whether the charge accurately describes what happened.

Check whether Ministry records show that the required licence existed before the alleged hunting began and whether it applied to you.  Failing to carry or immediately produce a document is not necessarily the same as never holding the required licence; those allegations may involve different offences and facts.

What Is Hunting Without a Deer Licence?

This charge generally alleges that you hunted white-tailed deer without holding the licence or other legal authority required for your participation in the hunt.

The allegation may arise where:

• No Deer Licence had been purchased;
• Only an Outdoors Card or Deer Tag was held;
• The licence was purchased after the alleged hunting began;
• The licence had expired, been cancelled, or was otherwise invalid;
• A Farmer’s Deer Licence was used outside its permitted geographic area;
• Another person’s individual licence was relied upon; or
• An apprenticeship arrangement, exemption, or other claimed authority allegedly did not apply.

A Deer Licence does not authorize every form of deer hunting.  A licensed hunter may still face another allegation involving a tag, antlerless deer, a controlled hunt, a closed season, party hunting, possession, or transportation.  For an overview of these related allegations, see Deer Hunting Charges.

What Documents Are Normally Required to Hunt Deer?

An adult or independently licensed hunter generally needs several documents or authorizations to hunt deer lawfully. Depending on the circumstances, these may include:

• A valid Outdoors Card;
• A Deer Licence or Farmer’s Deer Licence listed on the Licence Summary;
• A valid Deer Tag or Additional Deer Tag, or lawful party-hunting authority under another participant’s tag;
• A controlled deer hunt validation where required;
• Required firearms documentation when hunting with a gun; and
• Compliance with the applicable season, location, hunting method, deer-type, and tag conditions.

These requirements serve different purposes.  Holding one document does not necessarily satisfy the others.  Licence products and hunting requirements may change, so hunters should consult the current Ontario Hunting Regulations Summary before each season.

What Is the Difference Between a Deer Licence, Outdoors Card, and Licence Summary?

These documents are connected, but they are not interchangeable.

Deer Licence

A Deer Licence provides an eligible hunter with authority to hunt white-tailed deer, subject to the applicable tag, season, location, hunting method, and other legal requirements.

Farmer’s Deer Licence

A Farmer’s Deer Licence is available to qualifying farmers and qualifying immediate relatives.  It is geographically restricted and is not a general exemption from Ontario’s deer-licensing rules.

Outdoors Card

An Outdoors Card identifies the hunter within Ontario’s Fish and Wildlife Licensing Service and connects the holder with their accreditation and licence products.  It does not, by itself, authorize the holder to hunt deer.

Licence Summary

A Licence Summary lists the valid licence products connected with the hunter’s account.  It may be carried as a readable paper copy or as a downloaded electronic copy on a mobile device.

Can You Hunt Deer With Only an Outdoors Card?

No.  An Outdoors Card alone does not authorize an adult or independently licensed hunter to hunt deer. The hunter must still obtain the Deer Licence, Farmer’s Deer Licence, or other legal authority required for the hunt.

This allegation is different from Hunting Without an Outdoors Card.  The wording and section number on your documents identify which allegation must be answered.

Can You Hunt Deer Under Another Person’s Licence or Tag?

You generally cannot use another person’s individual Deer Licence. Lawful party hunting may permit reliance on another participating hunter’s Deer Tag, but licence authority and tag authority are different.

For most hunters, every person actively hunting must hold their own required Deer Licence even where the party relies on another participant’s tag.  Party hunting does not permit hunters to lend, borrow, or exchange individual licences or tags.

A lawful party-hunting arrangement generally requires the tag holder to participate actively, the hunters to act together, and the available tag to authorize the deer, season, and location involved.  The party must remain within the combined authority of its unused tags.

Can an Apprentice Hunter Hunt Deer Without Their Own Deer Licence?

Yes.  An eligible apprentice hunter may hunt without purchasing their own Deer Licence or Deer Tag when every apprenticeship requirement is followed.

Until December 31, 2026, Ontario’s Hunter Apprenticeship Safety Program allows an Ontario resident who is at least 12 but under 15 to hunt as an apprentice without their own licence.  The apprentice must hold an Outdoors Card with hunting accreditation, or otherwise qualify under the transitional rule for a Hunter Apprenticeship Safety Card issued before January 1, 2019.

The apprentice must hunt under the direct and immediate supervision of a licensed hunter who is at least 18 and holds a licence to hunt deer.  The apprentice and supervising hunter must share one firearm.  The apprentice’s harvest must be included in the supervising hunter’s bag limit, and the applicable tag and party-hunting requirements must be followed.

Beginning January 1, 2027, an Ontario resident who is 15 may also hunt deer as an apprentice without their own licence, but only when hunting in a controlled deer hunt management unit during a season that is not limited to the use of bows.  This is a limited exception for certain controlled deer hunts, not general apprentice eligibility for every deer season or hunting activity.

Beginning January 1, 2027, an apprentice must hold an Outdoors Card with hunting accreditation.  All other supervision, firearm, tag, party-hunting, season, location, controlled-hunt, and deer-hunting requirements continue to apply.  Except for the limited circumstances described above, hunters who are 15 or older generally require their own applicable licences and tags even when hunting with a mentor for training or safety.

Can a Farmer Hunt Deer Without a Regular Deer Licence?

A qualifying farmer may purchase a Farmer’s Deer Licence, but farmer status does not create a general right to hunt deer without a licence.

The Farmer’s Deer Licence is available to qualifying farmers and qualifying immediate relatives whose primary occupation is farming and who live upon and till land they own.  An immediate relative must independently meet the applicable farming, residence, and land requirements.

The Farmer’s Deer Licence and related Deer Tag are valid only within the geographic area shown on the hunter’s documents.  Owning farmland, working on a farm, being related to a farmer, or having a landowner’s permission does not automatically provide licensing authority.

A qualifying farmer who intends to hunt outside the geographic area covered by the Farmer’s Deer Licence must obtain the licence authority required for that hunt.

What Law Applies?

Section 6(1) of Ontario’s Fish and Wildlife Conservation Act, 1997 generally prohibits hunting big game except under the authority of a licence and in accordance with the regulations. White-tailed deer are included within the Act’s definition of big game.

Section 1 defines hunting broadly.  It includes lying in wait for, searching for, being on the trail of, pursuing, chasing, or shooting at wildlife, whether or not the wildlife is killed, injured, captured, or harassed.  It also includes capturing or harassing wildlife.

Ontario Regulation 665/98, commonly called the Hunting Regulation, contains additional licensing, apprenticeship, tag, party-hunting, controlled-hunt, and related requirements.

These are regulatory offences.  The prosecutor may not have to prove mens rea—Latin for “guilty mind” [the legally required mental element]—in the same way required for many criminal offences.

Section 101 of the Act recognizes defences involving due diligence or an honest and reasonable belief in facts that, if true, would make the conduct innocent. Due diligence means taking all reasonable care in the circumstances.  The availability of a defence depends on the exact charge and evidence.

What Must Be Proven?

The prosecutor must prove every required part of the particular charge beyond a reasonable doubt. Depending on the allegation, this may include proving that:

• You were the person involved;
• Your conduct legally amounted to hunting;
• The wildlife involved was white-tailed deer;
• A licence or other legal authority was required;
• You did not hold the required valid authority at the relevant time; and
• The date, location, and other circumstances stated in the charge occurred.

These core issues apply to every allegation of hunting without a Deer Licence. Additional facts may become relevant where the person says that another form of legal authority applied.

For example, a Farmer’s Deer Licence case may depend on the applicable geographic area and licence conditions.  An apprentice case may depend on the apprentice’s age, residency, Outdoors Card or other qualifying document, supervising hunter, supervision, firearm use, bag-limit authority, and tag arrangement.

The prosecutor must prove the offence actually charged.  Failing to carry or produce a document does not necessarily establish that the required licence never existed.

Can You Be Charged if No Deer Was Shot or Killed?

Yes.  A person may face this charge even if no deer was shot, injured, captured, or killed. Waiting for deer, searching for deer, following deer tracks, driving deer toward other hunters, pursuing a wounded deer, or shooting and missing may fall within the legal definition of hunting, depending on the facts and purpose.

Being present with licensed hunters does not automatically establish that you were personally hunting.  Scouting, photographing wildlife, travelling, retrieving property, working on land, or merely accompanying another hunter may raise a factual dispute.  Your conduct, purpose, equipment, location, companions, statements, and the officer’s observations may all matter.

What Common Situations Lead to This Charge?

The Hunter Held Only an Outdoors Card

The person may have renewed an Outdoors Card but did not purchase the separate Deer Licence required for the hunt.

The Licence Was Purchased Too Late

The Deer Licence may have been purchased after the person had allegedly begun hunting or after a Conservation Officer became involved.

Another Party Member’s Licence Was Relied Upon

The hunter may have believed one Deer Licence covered the group.  Party hunting may permit reliance on another participant’s tag, but generally not that person’s individual licence.

The Apprentice Requirements Were Not Met

An apprentice hunter may allegedly have lacked the required Outdoors Card or other qualifying apprenticeship document, qualified supervising hunter, direct and immediate supervision, shared firearm, or lawful bag-limit and tag arrangement.

A Farmer’s Deer Licence Was Used Outside Its Area

The hunter may have held a Farmer’s Deer Licence but allegedly hunted outside the geographic area identified on the Licence Summary and Deer Tag.

The Person Says They Were Not Hunting

The person may say they were scouting, travelling, photographing wildlife, working on land, retrieving equipment, or accompanying another hunter rather than hunting deer.

What Is the Fine?

The fine depends on the precise offence, whether the charge was laid by ticket or summons, the person’s residency classification, and the schedule in force on the alleged offence date.

The current set fine for a resident charged with hunting big game without a licence is $500.  The current set fine for a non-resident charged with the same offence is $600.  A set fine is the fine assigned when an offence is dealt with by ticket.  The total payable amount is higher after the victim fine surcharge and applicable court costs are added.

Under section 102(1) of the Fish and Wildlife Conservation Act, 1997, the general maximum penalty for an individual convicted of an offence under the Act is 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 case.

A conviction may also affect hunting privileges or seized property where authorized by law.  For more information about possible effects on hunting privileges, see Hunting Licence Suspensions.

What Evidence Is Commonly Used?

These cases often depend on licensing records, transaction times, officer observations, and evidence showing what the person was doing.

Licence and Eligibility Evidence

• Outdoors Card and Licence Summary records;
• Licence purchases, receipts, confirmation emails, and transaction timestamps;
• Residency information and Farmer’s Deer Licence attestations; and
• Apprenticeship, accreditation, permit, and authorization records.

Hunting and Identification Evidence

• Conservation Officer observations, notes, reports, photographs, and recordings;
• Statements from hunters, passengers, landowners, and other witnesses;
• Maps, GPS information, trail-camera images, messages, and group communications; and
• Firearms, bows, ammunition, calls, blinds, tree stands, tags, deer, and deer parts.

A licence purchased after the alleged hunting began does not ordinarily authorize earlier conduct.  However, carrying hunting equipment, travelling with hunters, or being present in deer habitat does not automatically prove that a person was hunting deer.

Disclosure is the evidence the prosecutor intends to rely upon.

What Possible Defences or Legal Issues May Apply?

The available defence depends on the exact charge, licensing records, alleged activity, and evidence. Possible issues may include:

• A valid Deer Licence or other authority existed before the alleged hunting began;
• An eligible apprentice complied with the applicable requirements;
• Your conduct did not legally amount to hunting;
• A Farmer’s Deer Licence, permit, authorization, or other lawful authority applied;
• You took all reasonable care to prevent the offence;
• You honestly and reasonably believed facts that, if true, would make the conduct innocent; or
• The licensing, timestamp, identification, witness, or officer evidence is unreliable.

Due diligence requires more than an absence of intent to break the law.  Forgetting to purchase a licence, assuming an Outdoors Card was sufficient, or relying on another adult hunter’s individual licence may not, by itself, establish a defence.

The legality of an inspection, detention, search, seizure, or statement may also require review.  A legal professional can assess the disclosure and identify which issues are supported by the evidence.

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

Yes.  A Conservation Officer may seize wildlife or other property where the applicable legal requirements are met. Depending on the circumstances, this may include deer or deer parts and property allegedly connected with the investigation.

Seizure means property has been taken into official custody.  It does not automatically mean ownership has been permanently lost. Forfeiture means ownership is permanently lost under a court order or another forfeiture provision authorized by law.

Keep every seizure notice, inventory, receipt, occurrence number, and other document provided by the Conservation Officer.

What Happens Next?

If you received a ticket, the document should state your response options and deadline.  Paying it will usually result in a guilty plea and conviction.  If you received a summons, you must attend court or respond as directed.

If the allegation is disputed, disclosure can be requested and reviewed.  The case may be resolved by withdrawal, a guilty plea, a negotiated resolution, or a trial.

At trial, the prosecutor must prove every required element beyond a reasonable doubt.  Where several people were present, each person’s conduct and licensing authority must be considered separately.

How Can DefendCharges.ca Help?

DefendCharges.ca can review the precise charge, your hunting documents, the Ministry’s licensing records, and the evidence concerning what you were allegedly doing.

DefendCharges.ca can request and review disclosure, identify factual and legal issues, communicate with the prosecutor, explain possible outcomes, and represent you during the court process where permitted.

The same incident may also involve Hunting Deer Without a Tag, Hunting Deer During a Closed Season, Hunting Antlerless Deer Without Authorization, or Illegal Deer Possession.  Each allegation should be reviewed separately.

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

• An Outdoors Card, Licence Summary, Deer Licence, and Deer Tag serve different purposes.
• Party hunting may permit reliance on another participant’s tag, but generally not that person’s individual Deer Licence.
• Apprentice hunters must satisfy the applicable age, residency, document, supervision, firearm, bag-limit, and tag requirements; limited eligibility for certain 15-year-olds hunting deer begins January 1, 2027.
• A Farmer’s Deer Licence is geographically restricted and is not a general licensing exemption.
• The prosecutor must prove that your conduct amounted to hunting deer and that you lacked the required authority.
• You may face a charge even if no deer was shot or killed.
• Licensing records, transaction timestamps, and evidence of your activity may be central to the case.

Conclusion

Being charged with hunting without a Deer Licence does not automatically mean you will be convicted.  The prosecutor must prove that your conduct legally amounted to hunting white-tailed deer and that you lacked the licence or other authority required in the circumstances.

Start with the exact wording and section number on your ticket or summons, preserve your Licence Summary and purchase records, and do not miss the response deadline or court date.  Consider obtaining legal advice before deciding how to respond.