Failing to Wear Required Hunter Orange in Ontario:

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Last Updated: September 13 2026

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Question: What should I do after receiving a summons for failing to wear required hunter orange in Ontario?

Answer: If you received a summons or ticket for failing to wear required hunter orange in Ontario, review the exact charge wording and section number, confirm the hunting date, time, Wildlife Management Unit (WMU), which deer, elk, moose, or black bear seasons were actually open where you were hunting, and document exactly what garment and head cover you were wearing and whether it was solid (not open mesh) and visible from all sides, because paying generally counts as a guilty plea.  Gather your hunting licence or apprentice materials, photos or video of the clothing on you, product labels and receipts, GPS or maps, and any witness information, then get paralegal help to assess available defences and next steps with the court deadline in mind.  For help on your Ontario hunting charge, contact DefendCharges.ca™ at (647) 559-3377.

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Failing to Wear Required Hunter Orange in Ontario

Received a hunting ticket or summons for Failing to Wear Required Hunter Orange in Ontario?  You have been charged with a provincial offence under Ontario hunting law.  The charge concerns whether Ontario's hunter orange rule applied while you were hunting and, if it did, whether you were wearing the required hunter orange garment and head cover.

Note: Please contact DefendCharges.ca™ by phone at: (647) 559-3377 to discuss any specific questions that you may have.

Do not panic.  Being charged does not automatically mean you will be convicted.  Ontario does not require hunter orange during every hunt.  Important questions can include which hunting season was open, where you were hunting, what you were doing, whether an exception applied, and whether the clothing you were wearing actually satisfied Ontario's requirements.

This page explains when hunter orange is required, why the rule can apply even when you are hunting another species or using a bow or crossbow, the separate black bear rule and its exceptions, what clothing is required, what must be proven, the current fine, evidence, possible defences and legal issues, and what may happen next.  This offence is part of Hunting Method & Firearm Charges.

I Received a Hunter Orange Ticket or Summons.  What Should I Do?

A summons is a court document requiring you to attend court or respond as directed.  Read every document carefully and do not miss the response deadline or required court date.  Your documents may describe the offence as Fail to wear hunter orange while hunting.

Start with the exact offence wording and section number.  Record what you were hunting, the date and time, the exact location and Wildlife Management Unit (WMU), meaning the numbered area Ontario uses to set hunting seasons and other hunting rules, what hunting seasons were open, the hunting method you were using, and exactly what clothing you were wearing when the Conservation Officer says the offence occurred.

Keep the garment and head cover, photographs, videos, hunting documents, maps, GPS information, product labels, receipts, packaging, manufacturer information, and witness information connected with the charge.  Do not alter, discard, cut, repair, recolour, or otherwise change disputed clothing in a way that could affect the evidence.

Should I Pay the Ticket?

Paying the ticket will generally be treated as pleading guilty and will result in a conviction, meaning a finding of guilt.  Before paying, review whether the hunter orange requirement actually applied to you and whether the garment and head cover you were wearing satisfied Ontario's requirements.

The amount printed on the ticket is also not necessarily the only possible consequence of a conviction.  The exact charge, evidence, any other charges arising from the same incident, and possible effects on hunting privileges should be considered before deciding how to respond.

What Is a Failing to Wear Required Hunter Orange Charge?

A Failing to Wear Required Hunter Orange charge concerns whether you were hunting wildlife when Ontario law required hunter orange and whether you were wearing the required hunter orange garment and head cover.  The principal rule is found in section 26 of Ontario Regulation 665/98, the Hunting Regulation.

One of the most important points is that the rule is not always based on the species you personally were hunting.  During an open season for deer, elk, or moose that is not restricted to bows only, a person covered by the rule who is hunting wildlife must wear hunter orange unless a specific exception applies.

This means you can face the charge while hunting another species or while personally using a bow, crossbow, or another lawful hunting method.  The important question may be whether a deer, elk, or moose season that triggered the rule was open where you were hunting.

The charge can also concern the clothing itself, including whether both the garment and head cover were worn, whether the garment contained enough hunter orange, whether it was solid rather than open mesh, whether the orange was visible from all sides, or whether camouflage hunter orange was being used.  Other firearm, equipment, and hunting method offences are organized within Hunting Method & Firearm Charges.

When Does Ontario Require Hunter Orange?

Ontario requires a person covered by section 26 to wear a hunter orange garment and hunter orange head cover while hunting wildlife during an open season for deer, elk, or moose that is not restricted to bows only and during the open season for black bear, subject to specific exceptions.

A deer, elk, or moose season that is not restricted to bows only is commonly described as a gun season.  During one of these seasons, the rule is broader than requiring orange only from people hunting deer, elk, or moose.

If you are hunting wildlife during an applicable deer, elk, or moose gun season, hunter orange can be required even if:

• You are hunting wild turkey, small game, black bear, or another species;
• You are personally using a bow or crossbow rather than a gun; or
• You are hunting wildlife under the authority of a trapping licence.

A deer, elk, or moose season that is restricted to bows only does not by itself trigger the hunter orange requirement under that part of section 26.

The rule also applies to an apprentice hunter as though the apprentice were a licensed hunter.  Whether you held your own hunting licence is therefore not necessarily the end of the issue if you were lawfully hunting as an apprentice.

What Is Different During Black Bear Season?

Black bear season creates a separate hunter orange requirement, but Ontario provides specific exceptions to that bear season rule.

The hunter orange requirement created by the open season for black bear does not apply to a person who:

• Hunts small game;
• Hunts wildlife other than bear that is authorized by the person's trapping licence on their trapline;
• Hunts moose, deer, or elk during a concurrent open season for that species that is restricted to bows only; or
• Is in a tree stand while hunting black bear.

These exceptions apply to the requirement created by black bear season.  They do not necessarily remove a separate hunter orange requirement created by a deer, elk, or moose gun season that is open at the same time.

If your charge involves black bear season, the species you were hunting, whether you were in a tree stand, what other seasons were open, and the exact location and date may therefore be important.

Are There Other Exceptions That Could Apply?

Yes.  Ontario has a separate exception from the deer, elk, and moose season rule for a person hunting double-crested cormorants or migratory game birds other than woodcock.

Woodcock is specifically excluded from that exception.  A person hunting woodcock should therefore not assume that the migratory game bird exception applies.

If your defence depends on an exception, the exact wording and requirements of that exception should be checked against what you were hunting, where you were hunting, and which seasons were open.

What Hunter Orange Clothing Is Required?

When the rule applies, both a hunter orange garment and a hunter orange head cover must be worn.  An orange hat does not replace the garment, and a compliant orange garment does not replace the head cover.

Hunter Orange Garment

Ontario does not require one particular type of garment such as a specific vest, jacket, coat, or shirt.  The garment being worn must instead satisfy the legal requirements.

The garment must contain at least 400 square inches, approximately 2,580 square centimetres, of hunter orange above the waist.  It must be solid rather than open mesh, and the hunter orange must be visible from all sides.

A vest or other garment that provides orange only on the front and back may therefore create an issue if the required hunter orange was not visible from the sides.  A backpack or other equipment must also not completely conceal the hunter orange from being visible on that side.

Camouflage hunter orange does not qualify.  Ontario's hunting guidance states that a garment containing the required 400 square inches of hunter orange together with retro-reflective silver or yellow stripes can meet the requirement.

Hunter Orange Head Cover

Ontario requires a head cover in hunter orange but does not prescribe a particular style such as one specific type of hat or cap.

The hunter orange portion of the head cover must not contain camouflage material.  Ontario's current hunting guidance permits the head cover to contain open mesh, permits a peak or brim to be another colour, and permits a crest or logo so long as it does not completely cover the hunter orange on the side where it is attached.

The regulation does not prescribe a separate 400 square inch minimum for the head cover.  The 400 square inch requirement applies to the garment above the waist.

What If I Was Wearing a Backpack or Hunting From a Blind?

These circumstances can matter to the evidence, but they do not automatically remove the hunter orange requirement.

A backpack, hunting pack, firearm sling, or other equipment must not completely conceal the hunter orange from being visible on that side.  Photographs showing how the clothing and equipment were actually worn can therefore be important.

A person using a ground blind must still wear hunter orange when the rule otherwise applies.  Marking the outside of a ground blind with hunter orange is recommended as a safety practice, but it does not replace the hunter orange clothing required on the hunter.

A tree stand is different only in the limited black bear circumstance explained above.  The bear season rule does not apply while a person is in a tree stand hunting black bear, but a separate deer, elk, or moose gun season requirement may still apply if one is open.

Does an Animal Have to Be Shot or Killed for This Charge?

No.  Wildlife does not have to be shot, injured, captured, or killed for a Failing to Wear Required Hunter Orange charge.

The rule applies while a person covered by section 26 is hunting wildlife.  Ontario defines hunting broadly, so the issue may be what you were actually doing when the Conservation Officer observed you rather than whether an animal was eventually harvested.

Ontario's legal definition of hunting also excludes trapping.  If you held a trapping licence and were engaged only in trapping rather than hunting wildlife, that distinction can be important to the charge.

What Law Applies?

The principal hunter orange requirements and exceptions are found in section 26 of Ontario Regulation 665/98, the Hunting Regulation.  Section 26 deals with when hunter orange is required, the garment requirements, exceptions for certain hunting activities, and the legal meaning of hunter orange.

Ontario's apprentice hunting rules also apply section 26 to apprentice hunters as though they were licensed hunters.  The exact charge, season, location, hunting activity, clothing, and any exception relied upon determine which parts of these rules matter to your case.

What Must Be Proven?

The prosecutor, meaning the lawyer or representative presenting the government's case, must prove the essential parts of the charge beyond a reasonable doubt.  Beyond a reasonable doubt is the high legal standard that must be met before the court can find you guilty.

Depending on the charge and circumstances, the prosecutor may need to establish:

• Your identity as the person involved;
• That the hunter orange rule applied to you;
• That you were hunting wildlife at the relevant time;
• The date and location of the hunting activity;
• That an applicable deer, elk, moose, or black bear season was open;
• That the particular season and circumstances triggered the hunter orange requirement; and
• That you were not wearing the required hunter orange garment and head cover or that the clothing did not satisfy the applicable requirements.

If your defence relies on an authorization, exception, exemption, or qualification prescribed by law, Ontario's Provincial Offences Act generally places the burden of proving that it operates in your favour on you.

The main dispute may therefore concern whether you were hunting, which season was open, whether the hunter orange rule applied, what clothing you were wearing, whether it complied, or whether an exception applied.

What Is the Fine?

The current Ontario set fine for "Fail to wear hunter orange while hunting" under subsection 26(1) is $300.  A set fine is the preset fine used when an offence is dealt with by ticket.

The $300 set fine is not necessarily the total amount payable.  A victim fine surcharge is an additional amount Ontario adds to a fine after conviction.  Applicable court costs may also be added.

The set fine is different from the maximum penalty available under 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.  Those are statutory maximum penalties and are not the automatic or usual result of an ordinary Failing to Wear Required Hunter Orange ticket.

Can This Charge Affect My Hunting Licence or Hunting Privileges?

A hunting licence cancellation or prohibition is not automatic simply because you have been charged with failing to wear hunter orange.  A charge is not a conviction.

After conviction, Ontario law can permit a court to make certain discretionary orders affecting a licence or authorization related to the offence.  If such an order is made concerning a licence or authorization you already hold, cancellation can follow as required by the Act.

The possibility of a licence related order depends on the circumstances and should be considered separately from the amount of the ticket.

What Evidence May Be Used?

Hunter orange charges often depend on what you were wearing, what was visible, what you were doing, where you were hunting, and which seasons were open.  Relevant evidence may include:

• The hunter orange garment and head cover, including measurements, colour, material, construction, product labels, receipts, manufacturer information, or packaging;
• Photographs or videos showing the clothing as it was actually being worn;
• Backpacks, outer clothing, packs, slings, or other equipment that may have affected whether the orange was visible from all sides;
• Conservation Officer notes, observations, photographs, recordings, and clothing measurements;
• Your hunting or trapping documents, apprentice records, the wildlife involved, and the hunting method or activity;
• The Wildlife Management Unit, maps, GPS information, exact location, date, and hunting seasons that were open; and
• Ground blind or tree stand evidence, witness photographs, videos, statements, and statements attributed to you or other people present.

Disclosure is the relevant information and evidence in the prosecutor's possession or control that you are entitled to receive, subject to the law.  Disclosure should be obtained and reviewed before important decisions are made about a disputed charge.

What Possible Defences or Legal Issues May Apply?

The defence depends on the hunting activity, season, wildlife, clothing, location, and available evidence.  Not every defence or legal issue applies to every Failing to Wear Required Hunter Orange charge.

The Hunter Orange Requirement Did Not Apply

The hunting season or circumstances may not have triggered section 26.  The date, location, Wildlife Management Unit, wildlife being hunted, and season information should be checked carefully.

For example, a deer, elk, or moose season restricted to bows only does not by itself trigger the requirement under the deer, elk, and moose provision.

You Were Not Hunting at the Relevant Time

The requirement applies while a person covered by the rule is hunting wildlife.  Simply being outdoors, travelling through a hunting area, possessing equipment, or being near another hunter does not by itself determine whether your activity legally amounted to hunting.

If you held a trapping licence and were engaged only in trapping rather than hunting wildlife, the legal distinction between those activities may also be important.

A Legal Exception Applied

Your circumstances may fall within one of Ontario's specific exceptions, including certain hunting of double-crested cormorants or migratory game birds, small game during black bear season, qualifying hunting under a trapping licence during bear season, a concurrent bows only season, or black bear hunting from a tree stand.

The complete requirements of the particular exception must be satisfied, and an overlapping deer, elk, or moose gun season may create a separate hunter orange requirement.

The Clothing Met the Legal Requirements

The garment and head cover may have complied despite the Conservation Officer's assessment.  The actual clothing, measurements, photographs, product information, colour, construction, and how it was being worn may be important.

The Hunter Orange Was Visible From All Sides

The dispute may concern whether a backpack, outer garment, sling, or other equipment concealed the hunter orange.  Photographs, video, officer position, body position, clothing design, and witness evidence may help establish what was actually visible.

The Wrong Season or Location Was Used

The charge may depend on a deer, elk, moose, or black bear season being open in a particular location.  An incorrect Wildlife Management Unit, boundary, date, or season can affect whether the hunter orange rule was triggered.

Due Diligence

Due diligence means taking all reasonable care in the circumstances to prevent the offence.  The Fish and Wildlife Conservation Act, 1997 recognizes due diligence as a defence where its legal requirements are established.

Evidence concerning the clothing you selected, measurements you checked, product information you relied upon, season information you reviewed, and other reasonable steps taken to comply may be relevant.

Honest and Reasonable Mistake of Fact

An honest and reasonable mistake of fact means honestly and reasonably believing facts that, if true, would make the conduct innocent.  Ontario law recognizes this defence where its legal requirements are established.

The issue might concern the location, which season was open, the characteristics of the clothing, or another factual circumstance.  A mistake about a fact is different from simply not knowing what the law requires.

Evidence or Statement Issues

Photographs, videos, clothing measurements, Conservation Officer observations, season records, location evidence, witness accounts, and statements should be reviewed carefully.  Their accuracy, reliability, completeness, context, and lawful use may affect whether the charge is proven.

What Happens Next?

Your ticket or summons should identify the next procedural step and any response deadline or court date.  Do not miss that deadline while obtaining legal advice, requesting disclosure, or deciding how to respond.

After disclosure is obtained, the charge can be compared with the clothing, photographs, measurements, hunting activity, Wildlife Management Unit, open seasons, location, Conservation Officer observations, and any exception or defence supported by the evidence.

The prosecutor may withdraw the charge, meaning the charge is no longer being pursued, or the matter may be resolved by a guilty plea or another agreement, or proceed to trial.  The appropriate response depends on the evidence, legal issues, possible consequences, and circumstances of your case.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review the wording on your ticket, summons, seizure notice, or other documents and compare it with the wildlife, records, and activity involved.  This can help identify the exact charge, the legal requirements that apply, and the factual issues that may be important to your case.

If the matter proceeds through court, DefendCharges.ca™ can explain the court process, review the available evidence and legal issues, discuss possible penalties or other consequences, and help you understand your options for responding to the charge.

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 understand your legal options and the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Ontario does not require hunter orange during every hunt;
• During an applicable deer, elk, or moose gun season, the rule can apply while you are hunting other wildlife and even if you are personally using a bow or crossbow;
• Black bear season creates a separate hunter orange requirement with specific exceptions, and bows only deer, elk, or moose seasons do not by themselves trigger the separate gun season rule;
• When the rule applies, both a hunter orange garment and hunter orange head cover are required;
• The garment must contain at least 400 square inches of solid hunter orange above the waist, be visible from all sides, and cannot use camouflage hunter orange;
• The current set fine for Fail to wear hunter orange while hunting under subsection 26(1) is $300; and
• The clothing, hunting activity, season, location, Wildlife Management Unit, and any applicable exception may be central to whether the charge is proven.

Conclusion

Your Failing to Wear Required Hunter Orange charge should be reviewed using the clothing you were wearing, what you were doing, the date and location, the Wildlife Management Unit, the hunting seasons that were open, and any exception that may apply.  Hunting another species or personally using a bow or crossbow does not by itself determine whether the hunter orange requirement applied.

Before paying the ticket or entering a plea, review the exact offence wording, clothing and photographs, garment measurements, hunting activity, season and location information, disclosure, possible exceptions or defences, and potential consequences.  Legal representation can help determine whether the hunter orange rule applied and whether the evidence proves the charge.