Restitution Orders for Hunting Charges in Ontario:

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Last Updated: September 21 2026

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Question:I’m facing an Ontario hunting charge and the prosecutor says I may owe restitution or compensation on top of the fine, what should I do before I plead guilty?

Answer:DefendCharges.ca™ can help you understand whether the requested amount is actually restitution or compensation, how Ontario’s Fish and Wildlife Conservation Act, 1997 links that payment to a specific conviction, and what documents to review so you do not agree to the wrong kind of money.   Start by getting the exact legal basis, the claimed costs or losses, who incurred them (for example the Ministry), and how the amount was calculated, then preserve your ticket, summons, disclosure, disclosure package, and any invoices or Ministry records.   Restitution or compensation is not automatically added to every hunting result, and in the release situations discussed for Fish and Wildlife Conservation Act, 1997, S.O. 1997 (the Act), courts can order compensation only in the situations the law allows.   Call DefendCharges.ca™ at (647) 559-3377 to discuss your specific charge, the amount requested, and the next steps for your Ontario case.

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Restitution Orders for Hunting Charges in Ontario

Facing a hunting or wildlife charge in Ontario, you may be told that you could have to pay money in addition to a fine.  This extra payment may be called restitution or compensation.  It means paying certain costs or losses when the law allows it.

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

Do not panic.  Restitution is not automatically added to every hunting charge or conviction.  Ontario's Fish and Wildlife Conservation Act, 1997 usually uses the word compensation, and the court can order it only in the situations allowed by law.

This page explains what restitution or compensation means, when it may apply, how it is different from a fine, what costs may be claimed, what evidence may matter, what to check before pleading guilty, and what you should do next.  Restitution Orders is part of the Penalties & Court category.

I Was Told I May Have to Pay Restitution or Compensation.  What Should I Do?

Start by asking exactly what money is being requested and why.  Find out which law is being used, what cost or loss is being claimed, who paid that cost, and how the amount was calculated.

Keep your ticket, summons, court documents, disclosure, letters, emails, invoices, estimates, Ministry records, and anything else that explains the amount being requested.

Before agreeing to pay anything as part of a guilty plea or court resolution, make sure you understand whether the payment is a fine, compensation, court costs, or something else.  These are different legal consequences.

What Is a Restitution Order?

A restitution order is an order requiring someone to pay back certain costs or losses when the law allows it.  In Ontario wildlife law, the Fish and Wildlife Conservation Act, 1997 more often calls this compensation.

The simple idea is the same: a fine is money paid as punishment for an offence, while compensation is money paid because a specific cost or loss is legally connected with the offence.

The court cannot add any expense it wants just because the expense is connected in some way with a hunting case.  There must be a law that allows the particular payment.

Why Does Restitution Matter to Your Case?

Compensation can make the financial result of a case larger than the fine alone.  The amount may depend on actual costs rather than the set fine shown on a ticket.

For example, Ontario wildlife law can require payment of certain costs incurred by the Ontario Ministry of Natural Resources, called the Ministry on this page, where regulated animals or wildlife were unlawfully released or escaped and the Ministry had to capture or kill them.  Federal migratory bird law has separate compensation rules.

If compensation is being requested in your case, you should know the amount and the legal reason for it before deciding whether to plead guilty or agree to a resolution.

Is Restitution the Same as a Fine?

No.  A fine and restitution are different.  A fine is a penalty for the offence.  Restitution or compensation is money paid for certain costs or losses when the law allows that payment.

This means you could face a fine and a separate compensation amount in the same case.  One does not automatically replace the other.

Is There a Set Fine for a Restitution Order?

No.  There is no set fine for a restitution or compensation order because the order is not a separate hunting offence.

The hunting or wildlife charge itself may have a set fine.  A set fine is the preset fine used when an offence is dealt with by ticket.  Compensation is different because the amount depends on the costs or losses that the law allows to be claimed and the evidence supporting them.

Hunting Fines.

When Can Ontario Wildlife Law Make You Pay Compensation?

For the release situations discussed on this page, section 106 of the Fish and Wildlife Conservation Act, 1997 allows a court to order compensation only in specific cases.

Section 106(1) applies when a person is convicted of one of two release offences:

• Section 46(1): Unlawfully releasing certain farmed animals, game wildlife, or specially protected wildlife that was being kept in captivity.  These are categories of animals regulated by Ontario wildlife law; or
• Section 54(1): Unlawfully releasing wildlife or an invertebrate that was brought into Ontario or came from imported stock.

An invertebrate is an animal without a backbone.  The word is used here because section 54 covers some animals beyond the wildlife most hunters normally deal with.

Not every release is unlawful.  Sections 46 and 54 allow some releases where the Minister of Natural Resources has authorized them or where a regulation, meaning a rule made under the Act, specifically allows them.  The exact charge and any applicable authorization or regulatory exception must therefore be checked.

If section 106(1) applies, the court may order the person convicted to compensate the Minister for the Ministry's costs of capturing or killing what was released.  The word may means the order is allowed, but it is not automatic.

What Has to Be Shown Before the Court Can Order Compensation Under Section 106?

The section 106(1) compensation rule is narrow.  It is not a general rule allowing the government to recover every cost connected with a hunting or wildlife case.

For this type of compensation order, the case must involve:

• A conviction under section 46(1) or 54(1);
• An animal, wildlife, or invertebrate that was released in circumstances covered by that offence;
• Expenses the Ministry actually incurred in capturing or killing what was released;
• A compensation request for those capture or killing expenses; and
• A person who is not excluded from this particular compensation order by section 106(2).

If your conviction is for a different hunting offence, section 106(1) does not automatically give the court this compensation power.

What If You Were the Person Keeping the Animal Before It Got Loose?

A different rule may apply if you were the person who kept or possessed the animal before it escaped or was released.  Section 106(2) says the section 106(1) compensation order does not apply to that person.

That does not always mean there is nothing to pay.  Sections 46 and 54 contain separate rules for the person who was keeping or possessing the animal.

In simple terms, those rules can require that person to notify the Ministry and take the required steps to return or capture the animal, or kill it, depending on which section applies.  If the person does not do what the law requires and the Minister has to capture or kill the animal instead, the person can be responsible for the Ministry's resulting expenses.

So there are two different ideas: section 106 can allow a court ordered compensation payment against some people convicted of an unlawful release, while sections 46 and 54 can make the person who was keeping or possessing the animal directly responsible for certain Ministry expenses.

What If a Storm, Natural Disaster, or Vandalism Caused the Escape?

This can matter if the Ministry is seeking expenses from the person who kept or possessed the animal.  Sections 46(7) and 54(6) say that the person is not responsible for those Ministry capture or killing expenses if the escape or release was caused by a natural disaster or an act of vandalism that was beyond the person's control.

Evidence may include weather records, photographs, damage to fencing or enclosures, security video, maintenance records, witness information, or a police report.

This is a specific exception to those expense rules.  It should not be treated as a general defence to every hunting or wildlife charge.

What Costs Can Be Included?

Only the costs allowed by the law being used should be included.  Under section 106(1), the compensation discussed on this page is for expenses the Minister incurred in capturing or killing the released animal, wildlife, or invertebrate.

The separate rules in sections 46 and 54 also deal with Ministry expenses from capturing or killing an escaped or released animal when the responsible person did not carry out the required steps.

These sections do not create a general right to add every investigation cost, storage cost, officer expense, property loss, or other amount to the case.  If another kind of cost is being claimed, ask what law allows it.

What Evidence May Matter?

The evidence should show both why the payment is legally allowed and how the amount was calculated.  Useful records may include:

• Your ticket, summons, conviction, and court documents;
• Records showing who released, kept, or possessed the animal or wildlife;
• Ministry records describing what officers or other workers did to capture or kill it;
• Invoices, receipts, time records, equipment records, or other records supporting the amount claimed;
• Evidence showing what happened after the escape or release and what steps were taken; and
• Weather, vandalism, security, maintenance, or damage records if the statutory exception may apply.

Disclosure is the information and evidence in the prosecutor's possession or control that you are entitled to receive, subject to the law.  If compensation is disputed, review the evidence supporting both the right to claim the money and the amount being claimed.

What If You Are Considering Pleading Guilty?

Find out whether compensation is being sought before you plead guilty.  Some compensation powers depend on a conviction for a particular offence, so the guilty plea can affect whether the court has the power to make the order.

Ask how much is being requested, which section of law is being used, what costs make up the amount, and what records support it.  If the proposed resolution includes an agreed compensation amount, make sure you understand that amount separately from the fine.

Do not assume that paying a ticket or agreeing to a fine settles every issue involving compensation, property, licence consequences, or another court order.

Can Compensation Be Part of a Probation Order?

Sometimes.  Probation is a court order requiring a person to follow certain conditions for a period of time.  In a Provincial Offences Act case where probation is legally available, section 72 can allow compensation or restitution that is already required or authorized by another Act to be included as one of those conditions.

This does not give the court a new general power to create compensation.  Another law must already require or allow the payment.

What Happens in POA Court.

What About Federal Migratory Bird Charges?

Federal migratory bird cases have different compensation rules.  If your charge is under the Migratory Birds Convention Act, 1994, do not assume that the Ontario rules described above apply.

Section 16 of the federal Act can allow a court, after conviction, to order an offender to pay some or all of the cost of steps taken to fix harm or prevent more harm caused by the offence.  The court can also order compensation for certain property loss or damage when the legal requirements are met.

If your ticket or summons identifies federal migratory bird legislation, the federal rule should be checked separately before you agree to any compensation amount.

Federal Migratory Birds Laws.

Read the Migratory Birds Convention Act, 1994.

What Law Applies?

The main Ontario rules discussed on this page are in sections 46, 54, and 106 of the Fish and Wildlife Conservation Act, 1997.  Sections 46 and 54 deal with certain releases, escapes, and Ministry expenses.  Section 106 allows a court to order compensation in the specific release cases described above.

Some releases can be lawful if they are authorized by the Minister or specifically permitted by regulation.  The exact rule that applied on the date of the incident must be checked against the charge.

Section 72 of the Provincial Offences Act can allow compensation or restitution that is already authorized by another Act to be included in a probation order where the probation provisions apply.  Federal migratory bird cases use separate compensation powers under section 16 of the Migratory Birds Convention Act, 1994.

Fish and Wildlife Conservation Act, 1997.

Read Ontario's Fish and Wildlife Conservation Act, 1997.

Read Ontario's Provincial Offences Act.

What Should You Do Next?

Start with four questions: What are you being asked to pay, why are you being asked to pay it, what law allows it, and how was the amount calculated?

Then compare the compensation request with your ticket or summons and the evidence in the case.  If the issue involves an escaped or released animal, identify who kept or possessed it, what happened when it got loose, what steps were taken, and what the Ministry actually did.

If compensation is part of a proposed guilty plea or court resolution, understand that payment before agreeing to the resolution.  The fine and the compensation amount are separate issues.

Hiring a Legal Professional.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can review your ticket, summons, court documents, compensation request, Ministry records, and the section of law being relied upon.  This can help identify whether compensation is legally available, which rule applies, and whether the amount or supporting evidence raises an issue that should be reviewed.

If the matter proceeds through court, DefendCharges.ca™ can explain how the compensation issue fits with the underlying charge, review the available evidence and legal issues, discuss the possible financial and other consequences, and help you understand your options for responding to the case.

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 and court orders you may be facing, and help you understand your legal options and the best course of action.  Contact us today to discuss your situation.

Key Takeaways

• Restitution or compensation means paying certain costs or losses when the law allows it;
• It is separate from the fine for the hunting or wildlife offence;
• There is no separate set fine for a restitution or compensation order;
• Ontario's section 106 compensation rule applies only in specific cases and is not an automatic extra payment after every hunting conviction;
• The person who kept or possessed an escaped or released animal can be covered by different Ministry expense rules;
• A natural disaster or vandalism beyond the person's control can matter under those separate expense rules;
• The evidence should support both the legal right to claim compensation and the amount being claimed; and
• Before pleading guilty, find out whether compensation is being requested and understand it separately from the fine.

Conclusion

If restitution or compensation is being requested in your Ontario hunting or wildlife case, do not focus only on the amount.  First find out what law allows the payment, what costs are being claimed, how those costs are connected with the offence, and what evidence supports them.

Restitution is not automatically added to every hunting conviction.  Understanding the exact charge, the compensation rule being used, the evidence, and any exception that may apply can help you make an informed decision before your case is resolved.