Migratory Birds Convention Act, 1994:

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Last Updated: September 24 2026

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Question:Do I need both Ontario hunting rules and the Migratory Birds Convention Act, 1994 for duck or goose hunting this season?

Answer:DefendCharges.ca™ can help you understand how the Migratory Birds Convention Act, 1994 sets the federal legal framework for migratory birds and nests, including how it connects to the Migratory Birds Regulations, 2022 for Ontario’s practical rules like seasons, daily bag limits, permits, and hunting methods.  In Ontario, you generally must follow both federal requirements under the Act and its regulations and any applicable Ontario licensing, firearms, and hunting rules, because the federal law and the provincial rules can overlap in real-world hunting situations.  For plain-language guidance on a specific activity or charge risk, call (647) 559-3377 to speak with a paralegal about Ontario migratory bird offence concerns.

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Migratory Birds Convention Act, 1994

The Migratory Birds Convention Act, 1994 is Canada's principal federal statute for protecting and conserving migratory birds and their nests.  It implements the international Migratory Birds Convention between Canada and the United States and provides the legal foundation for federal migratory bird regulations.

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

For hunting in Ontario, the Act is important because it authorizes the detailed federal rules governing migratory game birds such as ducks, geese, American Woodcock, common snipe, Mourning Doves, and other species covered by federal law.  Many of those detailed hunting requirements are found in the Migratory Birds Regulations, 2022 rather than directly in the Act.

This resource provides a plain-English overview of the Migratory Birds Convention Act, 1994, explains how it relates to migratory game bird hunting, identifies its main enforcement and offence provisions, and provides direct links to the official Government of Canada legislation.

What Is the Migratory Birds Convention Act, 1994?

The Migratory Birds Convention Act, 1994 is a federal law that implements Canada's international agreement for the protection of migratory birds.  A statute is a law passed by Parliament.

The Act was enacted in 1994 to replace earlier federal migratory bird legislation.  It establishes the legal framework for protecting migratory birds and their nests, regulating activities involving them, enforcing federal migratory bird law, and creating offences and penalties.

The current Act is published by the Department of Justice through the official Justice Laws website.  Justice Laws currently identifies the Act as current to June 21, 2026 and last amended on March 26, 2026.

What Is the Purpose of the Act?

Section 4 states that the purpose of the Act is to implement the Migratory Birds Convention by protecting and conserving migratory birds, both as populations and as individual birds, and protecting their nests.

The Migratory Birds Convention is the international agreement between Canada and the United States that forms the basis of Canada's federal migratory bird protection system.  The Convention is included as a schedule to the Act.

The Act provides the broad legal framework, while regulations made under it contain many of the practical rules governing activities such as hunting, possession, transportation, permits, seasons, and conservation measures.

What Does the Act Mean by a Migratory Bird?

The Act defines a migratory bird by reference to the birds covered by the Migratory Birds Convention.  The definition also extends beyond a whole bird.

For the purposes of the Act, a migratory bird includes:

• A migratory bird referred to in the Convention;
• Parts of the bird;
• Eggs;
• Embryos;
• Tissue cultures; and
• Sperm from the bird.

The Act separately defines a nest as the nest of a migratory bird and includes parts of the nest.

These definitions are important because federal protection is not limited to live adult birds.  Depending on the provision involved, the legislation can also apply to harvested birds, bird parts, eggs, and nests.

Does the Act Apply in Ontario?

Yes.  The Migratory Birds Convention Act, 1994 is federal legislation and applies throughout Canada, including Ontario.

Section 2.1 also provides that the Act applies in Canada's exclusive economic zone.

Federal migratory bird law can operate alongside Ontario hunting law.  A person hunting migratory game birds in Ontario may therefore have to comply with federal requirements under this Act and the Migratory Birds Regulations, 2022 as well as applicable Ontario licensing, firearm, property, and other hunting requirements.

What Does the Act Prohibit?

The Act contains several direct prohibitions, while many more detailed restrictions are created by regulation.

Section 5 generally prohibits possessing a migratory bird or nest without lawful excuse unless authorized by the regulations.  It also generally prohibits buying, selling, exchanging, giving, or otherwise making a migratory bird or nest the subject of a commercial transaction unless authorized.

The Act also contains broader environmental and enforcement related prohibitions, including restrictions involving:

• Depositing substances harmful to migratory birds in waters or areas frequented by migratory birds;
• Destroying or improperly altering required documents, records, or data;
• Making false entries in required records;
• Wilfully obstructing or hindering a person carrying out duties under the Act; and
• Knowingly providing false or misleading information to a person carrying out duties under the Act.

The application of a prohibition can depend on the exact statutory wording, regulations, authorizations, permits, and circumstances involved.

Where Are the Detailed Migratory Bird Hunting Rules?

Most of the detailed federal rules for recreational migratory game bird hunting are found in the Migratory Birds Regulations, 2022.

Section 12 of the Act authorizes regulations dealing with subjects such as:

• When and where migratory birds may be hunted or taken;
• How many birds may be taken;
• Permitted hunting methods and equipment;
• Possession of migratory birds;
• Hunting and other permits;
• Transportation and shipment of migratory birds;
• Protection of migratory birds and nests;
• Protection areas;
• Permit fees and conservation stamps; and
• Other requirements needed to implement the Act and Convention.

This is why the Migratory Birds Convention Act, 1994 should not normally be used by itself to determine a specific migratory game bird hunting rule.  The Act and the applicable regulations often need to be read together.

What Regulations Are Made Under the Act?

Several federal regulations currently operate under the Migratory Birds Convention Act, 1994.  The principal regulations include:

• Migratory Birds Regulations, 2022: Detailed rules involving migratory birds and recreational migratory game bird hunting;
• Migratory Bird Sanctuary Regulations: Rules governing designated migratory bird sanctuaries; and
• Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations: Identifies regulatory provisions for purposes of the Act's offence and penalty framework.

For ordinary migratory game bird hunting, the Migratory Birds Regulations, 2022 are generally the most important detailed federal regulation.

How Does the Act Relate to Migratory Game Bird Hunting?

The Act provides the legal authority for the federal hunting system, while the Migratory Birds Regulations, 2022 contain most of the detailed hunting requirements.

The regulations address matters such as:

• Migratory Game Bird Hunting Permits;
• Canadian Wildlife Habitat Conservation Stamps;
• Open and closed seasons;
• Federal hunting districts;
• Hunting hours;
• Daily bag limits;
• Possession limits;
• Baiting;
• Shotguns and shotgun capacity;
• Non-toxic shot;
• Retrieval of killed or wounded birds; and
• Possession and transportation of harvested birds.

The annual federal migratory game bird hunting summary for Ontario provides a practical way to locate current Ontario seasons, hunting districts, limits, and special measures, but the legislation and regulations remain the controlling federal law.

Who Enforces the Act?

The Act is enforced by federally authorized game officers.  A game officer is a person designated to enforce the Act and its regulations.

Section 6 authorizes the federal Minister to designate persons or classes of persons as game officers.  Members of the Royal Canadian Mounted Police are also game officers for purposes of the Act and regulations.

Provincial government employees can also be designated as federal game officers where the requirements of the Act are satisfied.  For purposes of the Act and regulations, game officers have the powers of a peace officer, subject to any limits placed on their designation.

What Enforcement Powers Does the Act Provide?

The Act gives game officers significant inspection and enforcement powers, subject to the legal requirements governing their use.

These powers include provisions dealing with:

• Inspections;
• Inspection of records and data;
• Opening and examining containers;
• Taking samples;
• Stopping and temporarily detaining conveyances for inspection;
• Seizure of things connected with an apparent contravention;
• Search warrants;
• Search and seizure without a warrant in specified urgent circumstances; and
• Arrest without a warrant in circumstances authorized by section 6.

A dwelling place receives additional protection.  Section 7 generally requires either consent or a warrant before a game officer may enter a dwelling place for an inspection.

Can Property Be Seized Under the Act?

Yes.  The Act contains powers allowing things connected with an apparent contravention or evidence of a contravention to be seized where the statutory requirements are met.

A seized item can remain in official custody subject to the applicable provisions of the Act and Criminal Code.  Different rules apply to matters such as ownership, perishable property, detention, return, and forfeiture.

Forfeiture means permanent loss of property to the Crown.  Under section 14, after a conviction the court may order forfeiture of a seized thing used in or connected with the offence, or the proceeds from its disposition.

How Are Offences Created Under the Act?

The Act establishes different categories of federal offences rather than one generic migratory bird offence.

Section 13 applies to specified contraventions of the Act and to regulatory provisions that have been formally designated for that offence category.  Section 13.01 applies to other contraventions of the Act or regulations that are not dealt with under section 13.

This distinction matters because the available penalties can be very different depending on which statutory offence provision applies.

Many recreational hunting rules are contained in the Migratory Birds Regulations, 2022.  The exact regulation and applicable offence provision should therefore be identified before determining the legal consequences of a particular contravention.

What Penalties Can Apply Under the Act?

The Migratory Birds Convention Act, 1994 contains substantial statutory penalties, but the applicable penalty depends on the offence and the procedure used.

For an individual convicted of a first offence falling under section 13, the statutory ranges include:

• Summary conviction: A fine of at least $5,000 and up to $300,000, imprisonment for up to six months, or both; and
• Indictment: A fine of at least $15,000 and up to $1,000,000, imprisonment for up to three years, or both.

Higher minimum and maximum fines apply to second or subsequent offences in this category.

Other contraventions falling under section 13.01 have a different penalty structure.  For an individual convicted of a first offence, the maximum fine is $25,000 on summary conviction or $100,000 on indictment.

These statutory prosecution penalties should not be confused with federal contravention ticket amounts.  Certain designated migratory bird offences can be dealt with through federal ticket procedures with specific amounts prescribed for the particular contravention.

Can Fines Increase When More Than One Bird Is Involved?

Yes.  Section 13.19 provides an important rule where an offence involves more than one migratory bird or nest.

The court may calculate the fine as the total of the fines that could have been imposed if each bird or nest had been the subject of a separate information.  As a result, an offence involving several birds can potentially produce a substantially higher fine than an offence involving a single bird.

Can the Court Make Other Orders After a Conviction?

Yes.  A fine or imprisonment is not necessarily the only consequence available under the Act.

Section 16 gives the court broad authority to make additional orders after a conviction.  Depending on the circumstances, an order can include requirements or prohibitions intended to prevent further offences, remedy harm, support migratory bird conservation, compensate affected persons, require community service, or impose other conditions considered appropriate by the court.

The Act also contains provisions dealing with forfeiture of seized property and, in some circumstances, retention or sale of seized property in satisfaction of an unpaid fine.

Are Federal Tickets Different From Statutory Prosecution Penalties?

Yes.  A federal ticket amount and the statutory penalty available following prosecution are not the same thing.

The Act contains provisions allowing certain offences to proceed through ticket procedures.  Federal contravention legislation also assigns specific ticket amounts to designated migratory bird offences.

For example, offences involving permits, closed seasons, bag limits, baiting, shotgun requirements, or ammunition can have prescribed ticket amounts where the federal contravention system applies.  Those amounts should be checked against the exact provision rather than treating the statutory maximums in the Act as the amount payable on every ticket.

Why Is the Act Important to Ontario Hunters?

The Migratory Birds Convention Act, 1994 is the federal legal foundation behind many rules governing migratory game bird hunting in Ontario.

It explains why the federal government can regulate migratory game bird hunting and provides the authority for detailed rules involving permits, seasons, limits, hunting methods, equipment, possession, and transportation.

Ontario law continues to apply independently to matters within provincial jurisdiction.  Federal migratory bird authorization therefore does not replace an Ontario Outdoors Card, Small Game Licence, or other provincial requirements that apply to the activity.

Where Can You Read the Current Migratory Birds Convention Act, 1994?

The official current consolidated version is available through the Government of Canada's Justice Laws website.  Justice Laws is the federal government's official online source for consolidated federal statutes and regulations.

Read the Migratory Birds Convention Act, 1994 on the Justice Laws website.

The Justice Laws page also provides access to the complete Act in HTML and PDF formats, previous versions, amendment information, the Convention schedule, and regulations made under the Act.

Where Can You Read the Migratory Birds Regulations, 2022?

The detailed federal migratory bird regulations are also available through the Justice Laws website.

Read the Migratory Birds Regulations, 2022 on the Justice Laws website.

These regulations should be consulted when checking detailed hunting requirements involving federal permits, seasons, hunting districts, limits, hunting methods, ammunition, possession, or transportation.

Where Can You Find Ontario's Current Federal Migratory Bird Hunting Rules?

Environment and Climate Change Canada publishes a separate annual migratory game bird hunting summary for Ontario.

View the current Ontario Migratory Game Bird Hunting Regulations Summary.

The annual summary provides practical information about federal hunting districts, open seasons, daily bag limits, possession limits, and special measures that apply in Ontario.

How Can DefendCharges.ca™ Help?

DefendCharges.ca™ can help explain how the Migratory Birds Convention Act, 1994 and the Migratory Birds Regulations, 2022 apply to a particular Ontario hunting law issue.  This can include identifying the federal provision, regulation, permit requirement, hunting district, season, limit, hunting method rule, or related Ontario requirement that applies.

Where a hunting ticket, summons, investigation, seizure, or court proceeding is involved, DefendCharges.ca™ can review the applicable federal and provincial legislation, explain the legal issues and potential consequences, and help the person understand their options.

Key Takeaways

• The Migratory Birds Convention Act, 1994 is Canada's principal federal statute for protecting and conserving migratory birds and their nests;
• The Act implements the Migratory Birds Convention between Canada and the United States;
• The Act provides the authority for the Migratory Birds Regulations, 2022 and other federal migratory bird regulations;
• Most detailed recreational migratory game bird hunting requirements are found in the regulations rather than directly in the Act;
• The Act provides federal game officers with inspection, search, seizure, and enforcement powers subject to statutory requirements;
• The Act contains different offence and penalty categories, and statutory prosecution penalties should not be confused with federal contravention ticket amounts;
• Fines can potentially increase where an offence involves more than one migratory bird or nest;
• Federal migratory bird law can apply alongside Ontario hunting licence and other provincial requirements; and
• The official current Act and regulations are available through the Government of Canada's Justice Laws website.

Conclusion

The Migratory Birds Convention Act, 1994 provides the federal statutory foundation for protecting migratory birds and regulating migratory game bird hunting in Canada.  The Act establishes the broader legal framework, enforcement system, offences, and penalties, while the Migratory Birds Regulations, 2022 contain many of the detailed hunting requirements.  For current legal information, the official Justice Laws version of the Act should be read together with the applicable regulations and current federal hunting information.