Canada Gazette, Part I, Volume 153, Number 22: Migratory Birds Regulations

June 1, 2019

Statutory authorities

Migratory Birds Convention Act, 1994
Canada National Parks Act
Canadian Environmental Assessment Act, 2012
Environmental Violations Administrative Monetary Penalties Act

Sponsoring department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations or the orders.)

Issues

Since being implemented in 1917, the Migratory Birds Regulations (the Regulations or MBRs) have been amended many times, often with isolated changes or fixes being made to deal with specific issues. They have never been subjected to a comprehensive review. As a result, the current regulatory text and structure, which contains errors and inconsistencies, is complex, outdated, lacks clarity and does not meet current legal standards. These issues can in turn lead to difficulty in their interpretation, in their application, in ensuring stakeholder compliance, as well as lead to issues in enforcing the Regulations.

In 1995, the Migratory Birds Convention was amended by the Parksville Protocol. A significant measure implemented in the Protocol was to recognize the existing Aboriginal and treaty rights of the Aboriginal people of Canada under section 35 of the Constitution Act, 1982, with respect to harvesting migratory birds and their eggs. The provisions in this Protocol have not yet been implemented into the MBRs.

A final issue is that the MBRs are not in line with many of the current departmental policy directions, particularly in the area of migratory game bird hunting management. As a result, many issues and concerns, some going back over 30 years, have been repeatedly raised by stakeholders regarding the need for regulatory clarity, for the removal of irritants or burden that do not provide conservation value, and for the introduction of concepts and measures to improve migratory bird management in Canada.

Background

By the early 1900s, the populations of many North American bird species had declined dramatically due to uncontrolled commercial trade in birds and their feathers, as well as to overhunting. The last known sighting of the Labrador Duck occurred in 1878, and, in 1914, the Passenger Pigeon, once one of the most common migratory birds in North America, was extinct. In 1916, the United Kingdom, on behalf of Canada, signed the Migratory Birds Convention with the United States, committing the two countries to the long-term conservation of many of their shared species of migratory birds. In 1917, Canada adopted the Migratory Birds Convention Act (MBCA or the Convention) and the Migratory Birds Regulations in order to implement the Convention by putting protections in place to conserve migratory birds as populations and as individuals. The MBRs serve two main objectives. It protects migratory birds (including their nests and eggs) through prohibitions on killing birds and destroying nests, and through a permitting regime for activities affecting migratory birds and nests. The other objective sets out the rules for the management of migratory game bird hunting in Canada.

In order to ensure the sustainable harvest of migratory game birds, the hunting provisions of the MBRs which specify open hunting seasons, bag and possession limits, as well as special conservation measures regarding the management of overabundant species, have been updated on a biennial basis.

Over the course of the past few decades, policy regarding the management of migratory birds, in particular for hunting, has evolved. The most significant policy change in the management of migratory game birds in Canada has to do with the possession limit. The harvest of migratory birds is regulated by the daily bag and the possession limits. The daily bag limit is the number of birds that may be harvested by an individual on any single day, whereas the possession limit is the number of birds that a person may have in his or her possession at any time, and at all places (residence, hunting site, etc.). Implementing possession limits for birds harvested through hunting was originally intended as a way to regulate harvest and prevent waste. However, it has been demonstrated that changes to the daily bag limits, the timing of seasons (opening and closing dates), and the length of the open seasons have the most significant influence on limiting the harvest and in the management of a migratory bird population. Furthermore, current rules about the possession limit are complex and unclear and can present enforcement challenges. Therefore, although possession limits have some value, the concept needs to be clarified.

With regard to nest protection, the Department has well-established policies and guidelines on protecting nests when there is a conservation concern, and have been working with stakeholders for decades in their implementation. Industry and the Department have operated to ensure that nests are protected during the most critical period of their life cycle (i.e. breeding season). Moreover, most migratory birds don’t reuse their nests from one year to the next. As a result, the Department has developed policies and guidelines for the development of best management practices that stakeholders are encouraged to voluntarily implement. To provide regulatory certainty, the MBRs need to be clarified to specify that nests are protected when they provide a conservation benefit to migratory birds. To date, the guidelines and best practices have encouraged that all nests of species who reuse their nests be protected year-round. This can be very difficult to apply and enforce.

Objectives

The objectives of the proposed amendments to the MBRs are to

Description

In order to achieve the objectives of the proposed amendments, a comprehensive review of the MBRs was conducted, resulting in many of the components of the Regulation being redrafted and reorganized, with some definitions or provisions being removed, while other ones are proposed to be added. Many of the proposed amendments resulting from the review do not alter the intent of the existing provisions, but, rather, aim to increase clarity, and/or to meet current legal standards. In order for the MBRs to be consistent with current migratory bird management policy direction, and to respond to issues raised through the years, several provisions have been changed and new concepts have been introduced.

Interpretation

Bait, bait cropland, lure crop area, and lure station area

Baiting is an activity that is closely regulated under the MBRs as it concentrates a large number of birds in a specific area, and consequently, can have the potential to result in conservation concerns if not well managed. The MBRs allow baiting for several purposes, from conducting scientific research (including banding), to luring migrating waterfowl away from crop areas in order to prevent crop damage, to allowing it for hunting under certain conditions. In order to provide clarity for stakeholders, and to alleviate compliance issues, the proposed Regulations have broadened the definition of bait to include any feed or imitation feed, and have clarified terms that apply to providing bait in order to harvest overabundant species, or to lure them away from crop areas.

Canadian wildlife habitat conservation stamp

It is proposed that the definition of the habitat conservation stamp, which is the stamp that must be affixed to the Migratory Game Bird Hunting (MGBH) permit in order for the permit to be valid, be changed in order to meet current legal drafting standards. The proposed amendment keeps the same intent as the current Regulations, and does so by stating that the revenues from the sale of the stamp are to continue to be used by Wildlife Habitat Canada for the purposes that are set out in their Certificate of Continuation, namely for the conservation, restoration and enhancement of wildlife and their habitat in Canada. The proposal also specifies what has been a long-time policy, in that the habitat conservation stamp is to be issued for the said purposes as they relate to migratory birds.

Defining prohibited activities in section 5 of the MBCA

Paragraph 5(b) of the Migratory Birds Convention Act, 1994 makes it a prohibition, except as authorized by the MBRs, to buy, sell, or exchange a migratory bird or nest or to make it the subject of a commercial transaction. It is proposed that the Regulations provide clarity on what is included in these activities by defining that these activities include offering to do them (for example “buy” includes “offering to buy,” “exchange” includes “bartering or offering to barter,” and “commercial transaction” includes “renting and offering to rent”).

Part 1 — General

General prohibitions

Although the current MBRs prohibit the harming of migratory birds, the manner in which it is done is not upfront or clear. Activities that can cause harm to migratory birds are included in the definition of “hunt” and hunting is a prohibited activity unless under the authority of a permit. This configuration is confusing, and some of the prohibited activities included in the definition of hunt (e.g. lie in wait for) could be interpreted to apply to other activities such as birdwatching. The proposed amendments separate the general prohibitions from the definition of hunt, and make it clear that it is prohibited to capture, kill, take, injure or harass a migratory bird, and that these prohibitions apply to any activity.

Exception for unoccupied nests — protecting nests of conservation value

The amended MBRs propose the inclusion of an exception to the prohibition against damaging, destroying, disturbing or removing a nest, if the following conditions have been met:

Provisions (a) and (b) protect active nests, which would generally be during the vital nesting and rearing (breeding) period, which is when, for most species, nests are required for reproductive success and population vitality. Most species of migratory birds no longer use their nests after this period. Provision (c) protects nests of specific migratory bird species that reuse their nests in subsequent years and allows for these nests to be damaged, destroyed, disturbed or removed if they no longer have conservation value, that is, they have not been occupied by a migratory bird for a designated period of time, which would indicate that they have been abandoned. The proposed Schedule 1 lists the species that reuse their nests, and whose nests therefore are protected year-round, and establishes the minimum number of months for which the nest must have been unoccupied by a migratory bird before the protection can be lifted. The time clock for the period would start on the day that the Minister has received a notification, in writing, from the proponent who wishes to damage, destroy, disturb or remove the nests. The Department conducted a careful and comprehensive analysis to determine which species’ nests would benefit from protection year-round. These details can be found in the “Rationale” section of this document.

A total of 16 migratory bird species are proposed to be included in Schedule 1, with 9 species being seabirds, 6 heron species, and 1 woodpecker species.

The proposed species, with designated waiting times, are

Signs related to prohibited activities

A provision has been added that prohibits signs erected in a specific area to prevent activities that could be harmful to migratory birds from being destroyed, damaged, altered or removed. For example, game officers sometimes use signs to identify a Bank Swallow colony in an area where ongoing activities, such as digging, pose a risk to the colony.

Allow the temporary possession of dead, injured or live migratory birds

Under the current MBRs, it is prohibited to possess a live, injured or dead migratory bird unless authorized by a permit. There are, however, some situations where the temporary possession of a migratory bird can benefit the bird, but due to the need to act quickly, obtaining a permit is not feasible. The proposed amendments introduce three situations where temporary possession of a migratory bird, excluding their eggs, would be allowed without the requirement to obtain a permit

Species at risk cannot be gifted

The proposed Regulations specify that all permits issued under the MBRs would have the condition that migratory birds that are listed under the Species at Risk Act (SARA) cannot be gifted from the permit holder to another individual or person.

Gifting of feathers

The proposed Regulations stipulate that feathers possessed under authority of any MBR permit or by Indigenous peoples exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982, may be gifted to anyone for educational, social, cultural or spiritual purposes. This excludes for the purpose of hat making or ornamental uses unless the recipient has section 35 rights to do so.

Powers of the Minister to vary the application of the Regulations

With this proposal, the purpose for varying the MBRs remains the same: the Minister may vary the Regulations when he has reasonable cause to believe that the variance is necessary for the conservation of migratory birds. The power to vary hunting periods or quotas (open season dates, bag and possession limits, and areas where a species may not be hunted) remains, but clarifies the prohibitions that hunters may be subject to if any of these provisions were to be varied by the Minister. The application of the varied hunting provisions is proposed to be from the day the Minister gives notice of the variation, to the following July 31, or to an earlier date fixed by the Minister. If there was a need to prolong the varied application of the Regulations into the next hunting season, the Minister would have to give a new notice. All variations would need to be published on the Government of Canada website. The Department may also choose to inform the public using other means, such as local radio, emails to stakeholders or signage.

Recognition of Indigenous rights-based harvest according to section 35 of the Constitution Act, 1982

Section 35 of the Constitution Act, 1982 reads:

The references to Indigenous peoples in the current MBRs predate section 35 of the Constitution Act, 1982, as well as the 1995 Parksville Protocol. They refer to Indians and Inuk in several places, but do not refer to Métis or non-status Indians who are also “aboriginal peoples of Canada’’ under subsection 35(2) of the Constitution Act, 1982. Furthermore, the MBRs do not describe an Aboriginal or treaty rights-based harvest of migratory birds by Indigenous peoples, therefore making the relationship between the MBRs and section 35 rights unclear. In order to deal with the issues described above, several amendments are proposed. These changes will expressly acknowledge section 35 of the Constitution Act, 1982, and clarify the interaction between the Regulations and section 35 rights.

In order to ensure that Indigenous peoples are accurately represented, the proposed MBRs remove references to specific groups, and instead refer to “a person exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982.” The proposed Regulations ensure that section 35 rights are reflected in appropriate sections, specifically the use and gifting of feathers, the rights for hunting, harvesting and trading.

The proposed provisions for hunting and harvesting recognize that individuals exercising section 35 rights may hunt migratory birds and harvest their eggs without a permit, are not subject to open season dates and so can therefore hunt throughout the year, and are not subject to bag or possession limits. Section 35 rights apply only within the geographic area where the rights may be exercised in accordance with the legal principles set down by Canadian courts and the terms of historical treaties and modern land claims agreements. The proposed Regulations also recognize section 35 rights with respect to other exemptions that are granted under the MGBH permit, those being to give, sell or exchange feathers of a migratory bird for functional and non-ornamental purposes such as fishing flies, bedding or clothing; or to give the bird for the purpose of human consumption (including charitable purposes), taxidermy or to train dogs as retrievers. They also provide an exception from labelling unpreserved birds that are gifted if the recipient has a section 35 right to hunt migratory birds.

For the use and gifting of feathers, the proposed Regulations recognize that individuals exercising section 35 rights may receive a gift of feathers for ornamental use, and may give feathers to another person for educational, social, cultural or spiritual purposes.

The proposed MBRs clarify that the powers of the Minister to vary the Regulations cannot be used to impose bag or possession limits, or to close a season for individuals exercising section 35 rights, unless limiting the hunting rights of non-section 35 rights holders is not sufficient to achieve the conservation purpose for which the variation was implemented.

Trading rights recognize that individuals exercising section 35 rights may exchange a migratory bird, which includes their parts and eggs, with another person who has the same rights. The proposed MBRs also clarify that when an individual who is exercising a section 35 right is required to label an unpreserved bird, such as when their unpreserved bird is in the possession of someone who does not have the same rights, the label is to include the name of the collectivity that holds the section 35 right under which the bird was taken.

The proposed MBRs provide that beneficiaries of the Inuvialuit Final Agreement (1984) have the right under the Regulations to harvest migratory birds and eggs in the spring within the Inuvialuit Settlement Region. This new provision responds to section 14.(37) of the Inuvialuit Final Agreement, which reads in part as follows: “Recognizing the present restrictions of the Migratory Birds Convention Act, Canada undertakes to explore means to permit the Inuvialuit to legally hunt migratory game birds in the spring.”

Part 2 Hunting migratory game birds

Inclusion of murres as migratory game birds

Common and Thick-billed Murres may be hunted by residents of Newfoundland and Labrador in that province, as it recognizes a traditional activity that was not included when the Convention was signed because it occurred prior to Newfoundland and Labrador joining Canada. The 1995 Parksville Protocol amending the Convention recognized murre hunting in Canada, but did not reclassify murres as game birds. In order to increase the accuracy and clarity in the MBRs, it is proposed that in Part 2 of the Regulations, that the expression “migratory game birds” includes murres, and to clarify that the MGBH permit is required to hunt both migratory game birds and murres.

Stating a purpose for the migratory game bird hunting permit

It is proposed that the Regulations make it clear that an MGBH permit allows the holder to hunt a migratory game bird (excluding their eggs) and to possess hunted birds, primarily for the purpose of human consumption. This in turn supports the new proposed prohibition of the abandonment of harvested birds, as leaving killed birds in the field would be contrary to the purpose of the MGBH permit.

Extend expiration date of the migratory game bird hunting permit

At present, the MBRs stipulate that the period for which the MGBH permit is valid extends to March 10 (closure of the hunting season), which does not include the special conservation season in the spring where hunters are allowed to use their MGBH permit to harvest overabundant species for conservation purposes. It is proposed that this situation be addressed by amending this provision so that the MGBH permit expires on June 30 next following the day on which it is issued. As permit sales start around August 1 of any year, this would mean that for purchases on or after this date, the permit would be valid until the following June 30.

Hunting for minors (under 18 years of age)

Currently, youth or minors (under the age of 18) may hunt migratory game birds under their mentor’s MGBH permit during Waterfowler Heritage Days. In most jurisdictions, Waterfowler Heritage Days occur from one to seven days before or during the regular hunting seasons, and they do not occur in any of the Canadian territories. If minors wish to hunt outside of Waterfowler Heritage Days, they must purchase an MGBH permit. It is proposed that an amendment be made to the Regulations that would allow minors to obtain both the MGBH permit and the habitat conservation stamp free of charge. This would provide youth with a supervised opportunity to practice their skills throughout the full open seasons, as well as the special conservation harvest periods. They would be subject to the same requirements as adult hunters, such as having to have their permit on their person at all times when hunting, and to comply with the daily bag and possession limits. However, minors would be required to hunt with a mentor, as is currently the case with Waterfowler Heritage Days. Two changes are proposed with regards to mentors. The first is that a mentor would have had to have an MGBH permit in a previous year, and the second is that the mentor would be able to hunt when out with the youth they are mentoring. Permits for minors would only be available for purchase online. In order to avoid conflict in the Regulations, it is proposed that Waterfowler Heritage Days be repealed.

Hunting methods and equipment

Crossbows as an authorized method to hunt migratory game birds

In the current MBRs, only long bows, including both recurve and compound bows, are authorized for hunting migratory game birds. Hunters have long asked that the crossbow also be authorized; therefore, the Department is proposing that it be included in the Regulations as a legal means of hunting migratory game birds, given that it does not pose any conservation concerns.

Added specifications to ensure bows are not causing crippling when hunting waterfowl

Hunting with insufficiently powerful bows or inappropriate types of arrows/bolts may result in crippling and the inability to retrieve birds. In order to reduce this risk, specific minimum requirements, similar to provincial regulations, are proposed for hunting with bows with respect to strength and the type of arrow/bolts or broadheads that can be used. It is proposed that broadheads used with arrows and bolts require at least two sharp blades and be a minimum of 22 mm wide.

Clarification of prohibitions on firearms and toxic shot

The proposed Regulations clarify that the use of any kind of rifle is prohibited, as is the use of a shotgun loaded with cartridges containing a single projectile, as well as a shotgun that is holding more than three cartridges.

Under the proposed MBRs, it has been clarified that in the hunting area, while hunting migratory game birds, a person must not possess any of the following:

Updating definition of non-toxic shot

The current MBRs define nine different types of toxic shot. Each type of shot was added to the Regulations once its particular composition was tested and approved. It is proposed that a new approach be adopted for approving non-toxic shot, which would be to replace all the approved non-toxic shot types currently listed in the MBRs with a generic definition that comprises the elements already tested for toxicity. This would provide manufacturers room to adjust the percentages (to a maximum defined in the proposed Regulations) of the metals already tested, and should eliminate the need for the Department to make new regulatory amendments every time a new type of shot is developed. Any newly developed shot that falls outside of the maximums defined in the Regulations would still require a submission to the Department for review.

Clarify, consolidate and amend provisions pertaining to the use of vehicles while hunting migratory game birds

The proposed MBRs include an air vehicle that does not have a pilot as being an aircraft. As per Part IX of the Canadian Aviation Regulations, a remotely piloted aircraft system (i.e. a drone) is an aircraft. It is therefore proposed to prohibit the use of remotely piloted aircraft systems (RPAS) for the purpose of hunting migratory game birds. RPAS are gaining in popularity and accessibility for many purposes, and have the potential to be used more widely for waterfowl hunting if not regulated. For instance, they can be used to find, and flush out, and even attract waterfowl. Using RPAS for hunting does not constitute a fair chase and has ethical considerations, and may potentially cause the killing of too many birds, which in turn may create species conservation concerns. Many provinces currently prohibit the use of RPAS for hunting wildlife.

The current MBRs make it clear that it is prohibited to hunt from a moving boat, with the exception of murre hunting in Newfoundland and Labrador. The proposed amendments specifically set out what movement would be prohibited, which would be the following: if the motor is turned on, if the sails are raised, or if the boat continues to move because of motion that was imparted by the motor or the sails. These provisions would provide clarity to hunters and would ease enforceability. The proposed MBRs also clarify that a moving boat, including using a motor or sail, is authorized in order to retrieve birds that have been killed or injured while hunting. The proposed MBRs would retain the exemption that murres may be hunted from a moving boat.

New concept of possession — concept of preservation introduced

The new proposed concept of possession is that once birds are preserved according to the criteria set out in the amended MBRs, they no longer count in an individual’s possession limit. This would encourage hunters to preserve birds for future use, thus avoiding waste. A bird would be considered preserved when it is

Birds preserved during the day they were harvested would continue to count toward the daily bag limit of the hunter who harvested them. Partial processing of harvested birds may occur in the hunting areas. Birds may be eviscerated and plucked in any location, but the meat, along with the fully feathered head or wing, must be retained on the carcasses until they are later completely preserved. The subsequent processes for preserving (freezing, making sausages, cooking, drying, canning or smoking) must occur in a residence or a non-mobile facility, and must not be performed in the hunting area. Harvested birds would continue to count in the possession limit until they are completely preserved. An unpreserved bird would no longer count toward the owner’s possession limit when the bird is gifted to someone and the gift is accepted by the new owner.

Requirement to retain fully feathered wing or fully feathered head of unpreserved birds

It is proposed that the hunter have the choice to retain either the fully feathered head or a fully feathered wing to remain attached to unpreserved carcasses for identification purposes. The provisions governing the daily bag and possession limits and open season dates differ according to each species, allowing the Regulations to help ensure conservation of the species. For this reason, it is important for game officers to be able to identify the species of birds harvested, which can be done equally well from a fully feathered head as from a wing. This requirement would only apply to unpreserved birds, when they are still in the hands of the hunter who harvested them, or are in temporary custody, or have been gifted. It is important to note that a bird that is eviscerated and plucked would not be considered preserved and must have a fully feathered wing or head attached until the migratory game bird is frozen, made into sausage, cooked, dried, canned, or smoked.

Third party possession and labelling requirements

Currently, when birds that have been harvested under the authority of an MGBH permit leave the custody of the hunter, the requirement is for individual birds to have a tag with the hunter’s name, address, signature, permit number and date of harvest. The amended Regulations propose that one label with the required information be allowed to be placed on packages of unpreserved birds or on a bird within a package. The word “label” would replace the word “tag.” It is proposed that the labelling requirements only apply to unpreserved birds.

An issue under the current MBRs is that the requirement to label a migratory bird is placed only on the recipient, not on the hunter. Situations have occurred where recipients have not ensured that birds have been properly labelled, therefore making it difficult for enforcement officers to track the origin of these harvested migratory birds. The proposed amendments clarify that a transfer of an unpreserved migratory game bird is not to occur if the bird or package of birds is not properly labelled, and they clearly put the responsibility on the hunter to properly label the unpreserved birds. The recipient who takes temporary possession would no longer have the responsibility to do the labelling, but would need to ensure that it has been done before taking them.

Transport in private conveyance

The proposed MBRs clarify that birds harvested under the authority of the MGBH permit do not have to have labels if they are being transported in a private conveyance and the individual who legally harvested the bird is also in the conveyance.

Revised the wording regarding retrieval requirements

In the current MBRs, it is required to retrieve downed birds while hunting, although the provisions on how to do so are not sufficiently clear. The difficulty is that the most appropriate time to attempt retrieval varies according to the circumstances of the hunt on a given day, and that immediate attempts to retrieve can be dangerous or ineffective. Judgment on the part of the hunter is required. The intent of the Regulations is to minimize the potential of a bird that has been killed, crippled or injured by a hunter from being lost and not included in the daily bag limit. The proposed Regulations clearly express that a hunter is to have adequate means at their immediate disposal to retrieve killed or injured birds and that they are to retrieve the downed bird as soon as the circumstances permit.

Inclusion in daily bag limit of migratory game birds found dead or wounded

Game officers have reported some cases where hunters exceed their daily bag limit and claim they did not kill the extra birds but, rather, found them. This situation arises, for example, when a wounded bird flies some distance away from the hunter who shot it before dying, causing that hunter to lose the bird. In order to prevent waste, it is desirable if hunters take these found dead (that are still suitable for human consumption) or injured birds. The proposed order clarifies that killed or wounded birds found and taken by the willing hunter must be included in the daily bag limit and possession limit of the hunter who found and took them.

Training retriever dogs

The current MBRs allow corporations that train dogs as hunting retrievers to possess, for the purposes of this training, up to 200 carcasses of migratory game birds taken under a valid MGHB permit. The amended Regulations propose that this exemption to the possession limit be extended to individuals, for the purpose of training retrievers. Those training dog clubs or individuals may possess up to 200 birds by registering with the Department and they must keep records as specified in the proposed Regulations. It is proposed that migratory game birds used for retriever training could also include those taken under the authority of an appropriate permit issued for birds causing damage or danger for species hunted in Canada. Finally, the proposed amendments would prohibit that any of these carcasses be of a species of migratory game bird that is listed in Schedule 1 to SARA.

Hunting under the authority of an MGBH permit while hunting with an individual exercising section 35 rights

These proposed provisions would apply to situations where someone who is exercising their section 35 rights is hunting with someone who is not exercising such rights. The birds harvested would count towards the bag limit of the individual who is not exercising section 35 rights. This is to prevent the situation in which a hunter who is accompanied or guided by a person exercising section 35 rights circumvents the daily bag limits by claiming birds killed in excess of the daily bag limit were killed by the individual who is exercising section 35 rights.

Prohibit the abandonment of harvested migratory game birds

In order to reduce waste, the amended MBRs propose that it be prohibited to abandon harvested migratory game birds, or to let the meat become inedible. The latter provision would not apply for birds used for taxidermy or training retriever dogs. The addition of the abandonment and waste provisions are in line with the intent of the MGBH permit, which is that the main purpose of hunting migratory game birds is for human consumption. This is also in line with many provincial and territorial regulations that prohibit the waste of game species.

Hunting in multiple areas — daily bag and possession limits

For daily bag limits, the proposed Regulations clarify that if an individual were to hunt in more than one area, as set out in Schedule 3, in one day, that their limit for the species hunted that day would be the one that is the highest for those areas. It is not a total of the two (or more) daily bag limits for each area. For possession limits, the proposed Regulations clarify that if an individual were to hunt in an area, as is set out in Schedule 3, other than where they are located, then they are authorized to have a total number of unpreserved birds of the species up to the higher of the possession limits for the two (or more) areas. The possession limit would not be a sum of the two (or more) possession limits.

Migratory game birds in transit must be individually identifiable

In order to facilitate the work of game officers, it is proposed that until a harvested migratory game bird is preserved, it must be stored in a manner such that each individual bird can be separated and identified to the species.

Temporary custody

Some hunters use services offered by outfitters, pluckers and butchers to help with cleaning or preserving their harvested birds, or their birds could be transported by a fellow hunter or friend. These persons can have temporary custody of many migratory game birds at once, which often belong to multiple hunters. Under the current MBRs, these individuals or small businesses could quickly exceed the possession limit, which would be in contravention of the Regulations. The proposed amendments specify that when an unpreserved bird is temporarily provided to a third party, it continues to count towards the owner’s possession limit.

Temporary third-party possession of murres

A restriction concerning temporary possession of murres is proposed so that a hunter would not be allowed to temporarily possess unpreserved murres killed by another hunter in excess of twice the bag limit. In other words, a hunter can possess his or her daily bag limit and temporarily possess the bag limits of two other hunters. This change is proposed to tackle illegal commercialization of murres which could lead to overharvest of the resource. Furthermore, a definition of a Newfoundland and Labrador resident, which is consistent with the definition contained in the provincial Wild Life Act, has been included to add clarity.

Gifting of harvested migratory game birds

The proposed MBRs clarify the purposes for when birds hunted under the authority of an MGBH permit, or in accordance with a section 35 right, may be gifted, which are for human consumption (including charitable purposes), taxidermy or in order to train dogs as retrievers. It is proposed to clarify that a migratory game bird that is not preserved and that is given is counted towards the owner’s possession limit until the gift is accepted by the new owner. This would make it prohibited for hunters to dump (e.g. leave on a doorstep) their harvested birds claiming that they are gifting the birds, when the recipient may not want to or cannot use them.

Part 3 — Overabundance, damage and danger

Proposed hunting provisions apply when harvesting overabundant species

As is currently the case with the MBRs, many of the provisions that apply to hunting also apply when harvesting overabundant species since this activity is authorized under the MGBH permit. Along with existing provisions that do not have important changes, the new provisions that would apply accordingly include the following: hunting by minors, retrieval, preservation, possession, temporary third-person possession, labelling, training retriever dogs, retaining a fully feathered head or wing, gifting, as well as the prohibition on abandonment.

Allowing gifting of birds killed under the authority of a damage or danger permit to kill

Currently, the MBRs do not allow for the gifting of birds taken under damage and danger permits, which can lead to waste. It is proposed that birds taken under the authority of a damage or danger permit may be gifted for the purpose of consumption, charity, or training retriever dogs and for taxidermy purposes if the species is one for which there is an open season in Canada. The requirement that the person to whom the bird is being gifted must accept the gift would apply, as would the requirement that the unpreserved bird or group of birds be labelled, and that each carcass retains a fully feathered wing or head. This proposal would not apply to airport permits.

Change in the definition of decoy

It is proposed that decoy be defined as an artificial bird or any device that imitates the colour, shape or size of a migratory bird and may attract migratory birds. This proposed change is to ensure that all means used to look like and attract migratory birds, such as using white plastic bags in a field to attract snow geese, are also prohibited. The use of decoys and bird calls would remain prohibited under a damage or danger permit.

Part 4 — Other permits

Scientific permit — rehabilitation

Scientific permits for rehabilitation purposes are currently issued to rehabilitation facilities, yet the current Regulations are not clear that it is one of the allowable purposes. It is therefore proposed to be added as a purpose. It will remain the policy of the Department that scientific permits for the purpose of migratory bird rehabilitation only be issued to facilities that meet and agree to respect the appropriate requirements.

Qualifications

The current MBRs are very specific to whom a scientific permit may be issued to (person from or acting on behalf of a university, museum, scientific society, consulting firms or government) and the application must include a statement from at least two qualified ornithologists recommending that the permit be issued. These rigid requirements mean that some otherwise valid applicants, whose activity meets the required purpose and who are qualified to conduct the activity, may not be able to obtain a permit. It is proposed that the Regulations be amended so that the Minister may evaluate if the person has the skills required to perform the requested activity for scientific, educational or rehabilitation purposes.

Aviculture permit

A new requirement is proposed that in the 14 days before and during an open season in the area, that feeding of the captive birds must not be visible to birds flying overhead. This is to prevent unintentional and intentional baiting of wild migratory game birds. A second proposal under the authority of this permit is to allow birds to be given between aviculture permit holders.

Charity permit — new proposed permit

Under the current MBRs, it is not possible for birds to be gifted for charitable events (e.g. food banks, soup kitchens) or for activities that could be viewed as commercialization (e.g. fundraising dinners). It is proposed to create a charity permit to authorize the permit holder to possess preserved legally harvested migratory game birds and murres, and also to allow these birds to be served as a meal (in the case of a soup kitchen or fundraising dinner) or distributed as they were received (in the case of a food bank). There would be no charge for this permit. Migratory game birds for which there is an open season in Canada, which are taken under the authority of an MGBH permit, the appropriate permit for birds causing damage or danger, or section 35 rights, may be donated or given for the purposes set out in the charity permit. All birds must be preserved in order to be possessed under the authority of this permit. Fees must not be charged for the meal where the migratory game birds are served although, for fundraising purposes, there may be a charge for the event itself. Any profits made from these fundraising events where migratory game birds are served must be used for the conservation of migratory birds. It is also proposed that the holder of the charity permit keep records regarding the number of preserved birds received in each calendar year, and in the case of fundraising events that records of expenditures and revenues, as well as how the profits were used, be kept for one year after the event.

Consequential amendments

Several other regulations and schedules refer to provisions in the MBRs. They are the Environmental Violations Administrative Monetary Penalties Regulations, Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations, Contravention Regulations, Migratory Birds Sanctuary Regulations, Wood Buffalo National Park Game Regulations, Law List Regulations and Inclusion List Regulations (Canadian Environmental Assessment Act, 2012), Schedule VI to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, Schedule 2 to the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, Preliminary Screening Requirement Regulations (migratory birds) [Mackenzie Valley Resource Management Act] and Schedule 2 to the Canada Oil and Gas Operations Act. The proposed MBRs have been completely reorganized, which means that the provisions that are currently referred to in these other regulations would no longer be accurate. In order to address this, the appropriate provision in these regulations, which reference the MBRs, would be updated so that the reference remains remain valid.

“One-for-One” Rule

The “One-for-One” Rule applies to this proposal, as there would be a net “IN” overall. A small administrative burden would be introduced for some businesses who would be required to submit a notice to the Department if they wish to disturb, destroy or remove a nest of a species listed in the proposed Schedule 1. The net change in annualized administrative activities would be a cost of $99,855 or $1 per business (expressed in $2012 calculated over 2018–2028, and discounted 7% as required by the Treasury Board’s “One-for-One” Rule guide. footnote 1

It is expected that the majority of notifications received would be for Pileated Woodpecker nests, with possibly a very small number for Herons, per year. Pileated Woodpecker nests would be sparsely distributed, and of the few found many would be occupied, and could not therefore be disturbed, destroyed or removed. It is estimated that it would take stakeholders that are impacted 20 minutes to read and understand the regulatory and notification requirements, and approximately 10 minutes to write and send a notification to the Department.

The forestry industry is expected to be most impacted by the notification requirement. To estimate the administrative burden, it is assumed that 100% of forestry companies would be required to become familiar with the regulatory requirements, with a high-end estimate of 8% of companies submitting a notification per year. The forestry sector has been engaged in nest protection best practises for years. Many currently conduct nest identification activities, and many already practise some level of selective cutting, including leaving snag trees (which could have Pileated Woodpecker nests) from being harvested.

The other sectors expected to be impacted, to a lesser degree, would be electric generation companies (hydro, wind), oil and gas operations, mining and construction (residential, commercial, industrial). Not all companies would be required to become familiar with the requirements, as many of the natural resource sectors operate outside of the range of the species listed in the proposed Schedule 1. In addition, their operations would not involve clearing land (underground mining), or their operations are already established and the likelihood of having to submit a notification is low, unless they expand or develop a new site. In the development sector, it is not anticipated that many would be building in mature tracts of forest where Pileated Woodpeckers prefer to nest, and if one was found they may choose to leave the tree with the abandoned nest. A very small portion of these businesses (with a high-end estimate of between 0.1% for developers and 3% for oil and gas) were estimated to submit notifications.

Small business lens

The small business lens does not apply to this proposal, as the amendments are not expected to impose costs on small businesses.

Consultation

Consultations were held in 2013 and 2014 with regards to amending the provisions in the Regulations to expressly recognize section 35 of the Constitution Act, 1982, to clarify the interaction between the Regulations and section 35 rights, as well as regarding the hunting proposals. The response received regarding the proposals was generally positive. The Department has since created an MBR modernization web page that provides information and updates on the status of the amendment process, and regular updates on the progress made have been emailed to stakeholders (>450) who are on their migratory bird regulatory report mailing list.

Implementation of Parksville Protocol — recognition of Indigenous rights-based harvest according to section 35 of the Constitution Act, 1982

National Indigenous organizations, councils and wildlife management boards were consulted on the nature and scope of the proposed amendments to the MBRs relating to section 35 rights in 2013 and 2014. The consultations were done through email and face-to-face meetings. There was a general appreciation that the language regarding Indigenous peoples would be updated, and that their section 35 hunting rights would be reflected in the amended MBRs. Environment and Climate Change Canada (ECCC) has also provided updates to Indigenous peoples at various wildlife management board meetings, at regional meetings, and at workshops.

Management of hunting

Initial targeted face-to-face meetings with key stakeholders were held in 2013 to discuss the proposed amendments to the MBRs regarding the management of migratory game bird hunting in Canada. The Department consulted with Canada’s Hunting and Angling Panel (HAAP), the Canadian Wildlife Directors’ Committee (CWDC), the Federal/State Waterfowl Flyway Councils in the United States, and the North American Waterfowl Management Plan Committee. Based on these consultations, minor changes were made to the proposals. Subsequently, in the spring of 2014, a consultation document was prepared seeking feedback from the broader public and stakeholders. This was posted on the departmental website and was also distributed to an extensive list of stakeholders (450+ mailing list). These consultations engaged hunting and conservation organizations; individual hunters; provinces and territories; and the U.S. government. Support for the hunting management proposals was widespread and strong. Since these consultations, the Department has met annually with many hunting stakeholders, including the provinces and territories, hunting groups, and others, and provided regular updates on the modernization initiative.

As part of the 2013–2014 consultations, the opportunities for youth hunters, as well as first-time migratory game bird hunters, to obtain an MGBH permit and habitat conservation stamp free of charge, were proposed. The hunting community was very supportive of the proposals put forward to encourage new and more people to migratory game bird hunting. At this time, it is proposed to proceed only with the permit initiative for youth. The Department is supportive of the initiative for first-time migratory game bird hunters, but due to the difficulties in being able to conduct the necessary verifications for first-time hunters, it is not being proposed at this time.

Baiting

In 2017, the Department of the Environment reached out directly to several provincial governments regarding the proposal to repeal baiting authorizations, as well as to prohibit the intentional flooding of crop fields in order to attract migratory game birds for hunting. Both baiting-related amendments were supported. A few large hunting organizations were also contacted, and had mixed reactions regarding the proposal to repeal the bait authorization provision from the MBRs, although some reacted positively to the proposal to prohibit the intentional flooding of crop fields.

Shortly afterwards, also in 2017, information on the proposals was posted on the departmental MBR modernization web page. These consultations generated mixed feedback. All provinces that submitted comments during the consultation period were either supportive or were indifferent to the proposed amendments. Hunters from outside of Ontario, some outfitting organizations and international flyway councils were generally supportive, given the perceived lack of fairness and equity among Canadian hunters. However, some organizations, as well as hunting clubs in southern Ontario that have received the authorizations to date, indicated that eliminating the authorizations would have economic impacts on their businesses. With respect to the proposal to prohibit the intentional flooding of standing crops for the purpose of attracting birds for hunting, similar mixed feedback was received. Those opposed to the proposal felt that flooding crop fields provides food and staging areas for waterfowl and prevents them from flying south into the United States, where hunting pressures are greater. They also felt that prohibiting this activity would affect the economy of a part of southern Ontario and could result in loss of wetlands, as private landowners may drain their wetlands to sell as agricultural crop fields, which are more profitable. Those in favour of the flooding prohibition, which included some national hunting organizations, believed that this practice of baiting creates unequal access and conservation concerns, and that its prohibition would reduce pressure on waterfowl populations that are in decline.

The Department has considered the results of the consultation, has assessed the possible impacts raised, and based on this analysis, has opted not to go forward at this time with the proposals that were put forward for bait authorizations or the intentional flooding of agricultural crops. Bait authorizations will continue to be issued by the Minister according to the MBRs and, moving forward, the Department will develop policy through which the authorizations will be granted to ensure that any future increase for these authorizations does not compromise conservation. The occurrences of intentional flooding of crop fields in order to hunt migratory game birds appear to be limited. The Department will monitor the situation and will work with the provinces to explore other approaches, if warranted.

Exception for unoccupied nests

The unoccupied nest provisions were not part of the original proposals for modernizing the MBRs and, therefore, there was no formal consultation. However, the clarification arose as a result of informal feedback received from stakeholders consistently throughout the years. There has been a recent increase in issues regarding the destruction of migratory bird nests outside of the breeding season, which has increased uncertainty among stakeholders. A concern that has been consistently raised by stakeholders is that, even if they do practise avoidance guidelines, they still could be considered to be in contravention of the MBRs for destroying nests that are not occupied by nesting birds or are not reused. This can lead to stakeholders choosing not to follow nest protection guidelines or not to practise due diligence, resulting in more harm to migratory birds. For these reasons, it was determined that this was an issue that needed to be resolved by the current amendments. The Department anticipates that stakeholders will react generally positively to the proposal as it would provide clarity, in the Regulations, on when nests are protected, while ensuring the conservation of migratory birds. The proposed amendment is anticipated to support project planning and implementation that would better benefit migratory bird conservation. Some concerns may be raised. For instance, some conservation organizations may raise concerns that the list of species for which nests are protected year round is too narrow, as not all species that reuse their nests are included. However, the strong biological criteria that the Department has developed for choosing the species that are included in the proposed Schedule 1 is rooted in the precautionary principle. Moreover, populations of migratory birds will continue to be monitored, and if in the future it is determined that there is a conservation concern for a species and that it would benefit from being added to the list, the Minister may recommend that the Governor in Council amend the list.

Rationale

The proposed amendments would address the objectives of modernizing the MBRs overall, organizing them according to topic, and eliminating errors and inconsistencies, so that greater clarity is achieved. They would also consolidate all provisions related to the management of hunting, and ensure that the hunting provisions reflect new and current departmental policy, and address enforcement concerns. They would incorporate into the Regulations the policy on nest protection that the Department has had in place for many years. They would also ensure that the MBRs expressly recognize section 35 of the Constitution Act, 1982. Overall, the increased clarity and flexibility, as well as the reduced burden that would result from the proposed amendments, would outweigh the relatively low administrative costs that some businesses may assume.

Specifically with respect to nest protection, the proposed regulatory changes would provide long-sought clarity for stakeholders, particularly outside of the breeding season. The intent of this proposal is to improve compliance, as it allows some flexibility with respect to undertaking activities that would damage or destroy nests, while maintaining the intent of conserving migratory birds. The Department will continue to monitor migratory bird populations with the nest protections in place. Putting the species whose nests are to be protected year round in a schedule offers the flexibility to amend the list if it is found that there are conservation reasons to do so.

ECCC conducted an in-depth analysis in order to determine what species would be included in the proposed Schedule 1. Nest reuse for each species protected under the MBCA was determined using the information found in the Cornell Lab of Ornithology “Birds of North America” (BNA) footnote 2 account for each species, and a precautionary approach was taken. Each account contains a section on nest site selection, nest construction, and nest reuse. Species that commonly or usually reuse their nests, cavities or burrows in subsequent years were identified through their BNA account. Species were then assessed, with the consideration that the overall goal in the choices made was to have a final list that would be biologically significant, meaningful, consistent, and enforceable at any time of the year. The following is a summary of the aspects that were considered and analyzed, which led to the species whose nests the Department considers should be protected year round, and are therefore included in the proposed Schedule 1.

Importance of the nesting structure itself

The intent of the proposed Schedule 1 is to protect nests that themselves are important or necessary for nesting success. For this reason, several species were excluded from the Schedule although they return year after year to the same nest site to either rebuild, refurbish, or repair their nests. These species may reuse their old nests if these are available, but reuse is not obligatory for nesting success.

Nests of related species

For some related families, it is difficult to distinguish the unoccupied nest of the different species outside of the breeding season. To avoid confusion, as well as for enforceability issues, it is proposed that species with similar nest structure all be included (such as is proposed for herons).

Secondary cavity nesters

Secondary cavity nesters use a cavity that is already available, such as a hole formed by rot in a tree, or a cavity that has been excavated by another species, such as by a woodpecker. It is therefore impossible to identify the nest of a secondary cavity nester outside of the breeding season. Consequently, it is proposed that the nest of secondary cavity nesters not be included in the proposed Schedule 1.

Species at risk

It is proposed that migratory bird species that are also listed under SARA as threatened, endangered, or extirpated not be protected year round by the MBRs, as their nests, or residences as is defined in SARA, are protected by this Act. SARA also allows for permits to be issued, under certain conditions, which authorize activities that although may pose a risk of damage or destruction to non-active nests, would overall be beneficial to populations of the species at risk. Examples of such activities would be to repair a chimney that is used by Chimney Swifts, or to conduct controlled burning to improve or maintain the habitat of a migratory bird population that is at risk. The authority to issue such permits is not possible under the MBRs.

Species nesting mostly on anthropological structures

Anthropological structures, or those created by humans, can provide important nesting habitat. Including species that nest on these structures in Schedule 1 would likely not benefit conservation, as it could have the negative effect of discouraging structures from having bird-friendly design if there is a concern that having nests in or on them would mean that maintenance could not be conducted.

Enforceability and nest identification outside of the breeding season

Another factor considered was year round identification and enforceability. For several species that create nests by gathering grass on the ground, nest identification outside of the breeding season is often not possible. Similarly, hummingbird nests were excluded from the proposed Schedule as the identification of these nests, particularly outside of the breeding season, can be extremely difficult for proponents, as well as for enforcement officers. It was determined that including the entire woodpecker group in the proposed Schedule would be highly difficult regarding compliance and enforcement. Many species of woodpecker make very small, inconspicuous cavities that are difficult to find and identify, and for these reasons, most woodpecker species are excluded. Species that build nests that cannot be identified when unoccupied are not proposed to be included in Schedule 1.

However, the Pileated Woodpecker makes large conspicuous cavities that are easy to identify. There is extensive documentation on the size and species of trees that this species uses for cavity nesting, and there is extensive documentation that the Pileated Woodpecker is a keystone species for the cavity nesting community. Indeed, many secondary cavity nesters use the cavities the Pileated Woodpecker creates. For primary cavity nesters such as the Pileated Woodpecker, the presence of a nesting cavity from the previous nesting season substantially increases breeding success since birds can nest earlier. At the onset of the nesting season, many secondary cavity nesters rely on the presence of old nesting cavities as these species lack the ability to excavate cavities. Therefore, the presence of Pileated Woodpecker nesting cavities from previous years supports healthy breeding populations of other bird species. The nesting range of the Pileated Woodpecker spans across much of the country, in deciduous, coniferous, or mixed forests. For these reasons, it is proposed that this species be added to Schedule 1.

Reuse of burrows

It was deemed that protecting the nests of nine species of sea birds that reuse their nests for burrows would contribute substantially to the breeding success of these species, therefore, sustaining healthy populations, and would be enforceable.

Benefits and costs

Benefits

Environment

These proposed amendments would result in modest benefits to the environment. Increasing clarity in the MBRs would have the positive effect of stakeholders understanding what is required, and would facilitate compliance. Adding a purpose for the MGBH permit, which is that hunting migratory game birds is primarily for human consumption, allows provisions to be implemented that would prevent waste. Prohibiting the abandonment of birds would also limit the opportunity to exceed bag and possession limits, which can be a conservation concern. The creation of the MGBH permit for youth would allow for increased collection of harvest data (National Harvest Survey) for this demographic, which would benefit migratory game bird population management. Creating a charity permit may result in less waste of migratory game birds, and offers the possibility of generating funds for migratory bird conservation. Integrating the current policy of protecting nests when there is conservation value into the Regulations is an important clarification for stakeholders. This proposed change is anticipated to have positive effects on stakeholder compliance, as they will now have clear parameters within the law in which to plan or conduct their activity, and could lead to the encouragement of bird-friendly designs for more human-made structures.

Society and culture

The amendments being proposed would result in several benefits to society and culture beyond what the MBRs now provide. Allowing the gifting of feathers for educational, social, cultural or spiritual purposes would be one such example, which would satisfy a long-term request from stakeholders to be able to fully use birds taken under a migratory bird permit for these purposes. The proposed amendments respond to many long-standing concerns raised by hunters regarding the need for clarity in the Regulations and to remove provisions that cause frustration and do not contribute to conservation. The changes proposed, such as clarifying the rules regarding the possession of harvested migratory game birds and providing the choice to leave a fully feathered wing or head on unpreserved birds, would reduce burden and facilitate the practice of migratory bird hunting in Canada, which is an important activity in Canadian society and culture. The MGBH permit being offered to youth free of charge could result in increased recruitment of new young waterfowl hunters, which would aid in the continuation of this important outdoor activity, whose participants are known to actively contribute to the conservation of wildlife and habitat. The proposal to allow packages of unpreserved harvested birds to be labelled instead of having to label each bird when they are in the temporary possession of a third party, are gifted, or being shipped, will reduce the burden on hunters. The addition of the charity permit would benefit society, as being able to gift preserved migratory birds to food banks and soup kitchens would result in a new opportunity to help those that are in need.

Currently, migratory game bird hunters who are minors and who wish to benefit from the full open seasons, as well as the bag and possession limits, must purchase an MGBH permit and habitat conservation stamp. Based on multiplying the average annual number of permits and stamps sold to minors (8 420) over a three-year period (2014–2016) by the cost of the permit and stamp (Can$17.00), the introduction of a free permit and stamp for minors would result in estimated cost savings for these hunters of Can$143,000 footnote 3 per year.

Business

The proposed amendments would result in modest benefits to business. Overall, the improved organization and increased clarity of the proposed Regulations would make it easier for all businesses whose activities are regulated by the MBRs to understand their regulatory requirements. The proposed provisions regarding unoccupied nest protection would provide regulatory parameters for business, which would enable them to plan their activities with the assurance that they are acting within the law. Clarifying that it is the responsibility of the hunter to label birds takes the onus, or burden, off businesses that have temporary possession of unpreserved birds, and it would ensure that these businesses do not have birds that cannot be traced back to the individual who harvested them, thus facilitating compliance verification.

The proposed approach to replace all the approved non-toxic shot types listed in the current MBRs (a total of nine to date) with a generic definition that comprises the elements already tested for toxicity could result in avoided costs for ammunition manufacturers. Following the ban on lead shot (first within national wildlife areas in 1996, then throughout Canada in 1997), there was an initial flurry of applications that subsided as the various compositions became approved. There has not been an application made in over 10 years (2007). The approval process can take anywhere from 3 to 5 years to complete. The avoided costs that would be realized by industry footnote 4 for each application that would no longer be required would be as follows:

Expenses associated with the above-noted testing would include, for example, salary for a full-time employee (usually contracted out) required to care for the birds (40 male and 40 female mallards required for each test) for the duration of the testing period; candidate shot; steel and lead control shot; as well as salaries for ancillary employees required to complete related administrative functions.

Assuming an application every 10 years, the result is a cost savings of between Can$790,000.00 and Can$987,500.00.

Government

The proposed amendments would lead to reduced costs for the Government of Canada in that the annual variance for the temporary possession of found dead birds would no longer be required. The Government would benefit from an avoided yearly cost as a result of the proposed amendment to allow for the temporary possession of a dead migratory bird without a permit for the purpose of disposing of it according to applicable law or delivering it to a laboratory for analysis as soon as is feasible. This change would end the current requirement to prepare an annual variance order, pursuant to section 36 of the MBRs, to vary the application of subsection 6(b) of the Regulations. The cost savings for Government would include the costs for the translation and publication of the variance order, which is approximately Can$700.00, as well as Can$4,700 in salary relating to human resources. The result would be a saving of Can$5,400 per year, or Can$54,100 over a 10-year period.

The proposed change to the generic definition of non-toxic shot may also lead to avoided costs related to testing. Under the current Regulations, a submission for a new non-toxic shot would require some administrative steps for the Government. The cost savings for Government footnote 7 are estimated to be approximately Can$1,100. Should the application prove successful, the administrative cost to develop and move forward the proposed Regulations would be Can$4,500. Assuming that one application is received every 10 years, that results in a cost savings of Can$5,600.

Costs

Business

The proposed amendments are not expected to result in financial costs for businesses, as they do not impose any significant new requirements on the business community.

Government

The overall cost to the Government of Canada of implementing the proposed Regulations is anticipated to be low and will mostly be for actions related to compliance promotion, as well as for revenues that will not be received by the Government (estimated at $143,000 annually) from hunters who are minors and who, in the past, would have bought an MGBH permit. The creation of the proposed charity permit as well as notifications for abandoned nests will necessitate a modest increase in employee resources above the current level in order to develop and operationalize the new provisions. No significant new enforcement costs are anticipated. Training for enforcement officers on the new provisions would be required.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a strategic environmental assessment was conducted. The assessment concluded that the proposed amendments to the MBRs would have positive environmental effects and would contribute to the implementation of the “Healthy Wildlife Populations” theme of the Federal Sustainable Development Strategy.

Implementation, compliance and enforcement

The implementation of the proposed MBRs would benefit the conservation of wildlife by improving the management of migratory birds in Canada. Upon implementation of the proposed Regulations, the Department of the Environment would be responsible for permitting, compliance promotion and enforcement activities according to the amended Regulations.

A compliance strategy has been developed, and following the implementation of the proposed MBRs, a compliance promotion plan would be implemented. Compliance promotion initiatives are proactive measures that encourage voluntary compliance with the law through education and outreach activities that raise awareness and understanding. Compliance promotion activities would be targeted to the public, hunters and hunter organizations, as well as to the various sectors and stakeholders to whom the MBRs apply, and would focus on raising awareness and encouraging compliance with new regulatory requirements.

To enforce compliance, the MBCA provides for penalties for contraventions, including liability for costs, fines, tickets or imprisonment, seizure and forfeiture of things seized or of the proceeds of their disposition. The MBCA also provides for inspection and search and seizure operations by enforcement officers designated under the Act.

Administrative monetary penalties and new fine regime

Amendments to the fine regime, enforcement and sentencing provisions of the Migratory Birds Convention Act, 1994 (MBCA) and the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations [Designation Regulations] came into force on July 12, 2017. The new fine regime will be applied by courts following a conviction pursuant to the MBCA or its associated regulations, including the MBRs. Designated offences, which involve direct harm or risk of harm to the environment, or obstruction of authority, are subject to the regime of minimum and higher maximum fines, in order to ensure that fines reflect the seriousness of offences under the MBCA. For example, the fine range associated with a designated offence for an individual on summary conviction is not less than $5,000 and not more than $300,000, or imprisonment for a term of not more than six months, or both. For other legal persons, such as corporations, the fine range associated with a designated offence on summary conviction is not less than $100,000 and not more than $4,000,000. For small revenue corporations, the fine range associated with a designated offence on summary conviction is not less than $25,000 and not more than $2,000,000. Fines are doubled for second or subsequent offences.

In addition, the Environmental Violations Administrative Monetary Penalties Regulations (AMPs Regulations) came into force on June 14, 2017. Administrative monetary penalties (AMPs) will be available to game officers to enforce designated violations of the MBCA and its associated regulations, including the Migratory Birds Regulations. An AMP is a financial disincentive to non-compliance and provides an additional tool for officers to supplement existing enforcement measures. Depending on the type of violation, history of non-compliance, environmental harm and economic gain, the amount of an AMP can vary between $200 and $5,000 for individuals.

Contact

Caroline Ladanowski
Director
Wildlife Management and Regulatory Affairs Division
Canadian Wildlife Service
Environment and Climate Change Canada
351 St. Joseph Boulevard, 16th Floor
Gatineau, Quebec
K1A 0H3
Email: ec.ReglementsFaune-WildlifeRegulations.ec@canada.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Migratory Birds Regulations pursuant to

(a) subsection 12(1) footnote a of the Migratory Birds Convention Act, 1994 footnote b;

(b) subsection 16(1) footnote c of the Canada National Parks Act footnote d;

(c) section 83 of the Canadian Environmental Assessment Act, 2012 footnote e; and

(d) subsection 5(1) of the Environmental Violations Administrative Monetary Penalties Act footnote f;

Interested persons may make representations with respect to the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Caroline Ladanowski, Director, Wildlife Management and Regulatory Affairs Division, Canadian Wildlife Service, Department of the Environment, Gatineau, Quebec K1A 0H3 (fax: 819‑938‑4147; email: ec.ReglementsFaune-WildlifeRegulations.ec@canada.ca).

Ottawa, May 16, 2019

Julie Adair
Assistant Clerk of the Privy Council

Migratory Birds Regulations

Interpretation

Definitions

1 (1) The following definitions apply in these Regulations.

Act means the Migratory Birds Convention Act, 1994. (Loi)

aircraft includes an air vehicle that does not have a pilot on board. (aéronef)

bait means any feed, or imitation feed, that may attract migratory birds. (appât)

bait cropland means an area of cropland, harvested or unharvested, that is modified, in a way that is not consistent with normal agricultural practices, in order to attract migratory birds for the purpose of taking overabundant species and that is designated as such an area by sign. (terre cultivée d’appâts)

contact information means postal address, email address and telephone number. (coordonnées)

chief provincial wildlife officer means a person appointed as chief or director of a provincial authority concerned with the administration of a provincial wildlife act. (agent provincial en chef de la faune)

daily bag limit means, in respect of a species, or group of species, of migratory game birds or murres, the maximum number of birds that a person may kill or take in a day in a given area as set out in Schedule 3 for that area and that species or if the Minister has altered the daily bag limit in accordance with section 19, the limit established by the Minister. (maximum de prises par jour)

egg means the egg of a migratory bird and includes parts of such an egg. (œuf)

game officer means a person who is appointed as a game officer under section 6 of the Act. (garde-chasse)

habitat conservation stamp means a stamp issued for the following purposes set out in the Certificate of Continuance of Wildlife Habitat Canada dated July 11, 2014, as they relate to migratory birds:

holder means, with respect to a permit, a person to whom a permit, that remains valid, was issued. (titulaire)

hunt means chase, pursue, worry, follow after or on the trail of, lie in wait for, or attempt in any manner to capture, kill, take, injure or harass a migratory bird, whether or not it is captured, killed, taken or injured. (chasser)

lure crop area means an area of cropland that, under an agreement between the Government of Canada and the government of a province, remains unharvested for the purpose of luring migratory birds away from other unharvested crops nearby and that is designated as such an area by sign. (zone de cultures de diversion)

lure station area means an area established under an agreement between the Government of Canada and the government of a province where bait is deposited for the purpose of luring migratory birds away from unharvested crops nearby, and designated as such an area by sign. (zone de diversion)

minor means an individual who has not attained the age of 18 years. (mineur)

open season means, in respect of a species, or group of species, of migratory game birds or murres, the season during which birds of those species may be hunted in an area as set out in Schedule 3 or if the Minister has altered the open season in accordance with section 19, the open season established by the Minister. (saison de chasse)

permit means a permit issued under these Regulations. (permis)

possession limit means, in respect of a species, or group of species, of migratory game birds or murres, the maximum number of birds that a person may possess at any time in an area, as set out in Schedule 3 or if the Minister has altered the possession limit in accordance with section 19, the possession limit established by the Minister. (maximum d’oiseaux à posséder)

Wildlife Habitat Canada means the corporation without share capital incorporated under Part II of the Canada Corporations Act by letters patent dated February 24, 1984, and continued in accordance with subsection 297(1) of the Canada Not-for-profit Corporations Act on July 11, 2014. (Habitat faunique Canada)

Definitions — Act and Regulations

(2) The definitions in this subsection apply in the Act and in these Regulations.

buy includes offering to buy. (acheter)

commercial transaction includes renting and offering to rent. (faire le commerce)

exchange includes offering to exchange, bartering and offering to barter. (échanger)

sell includes offering for sale and exposing for sale. (vendre)

Benefits

(3) For the purposes of these Regulations, any gift for which the giver receives any benefit, including a tax benefit is considered a sale.

Application

Migratory Birds

2 These Regulations apply in respect of migratory game birds, migratory insectivorous birds and migratory non-game birds referred to in the Convention, but do not apply to any such birds raised in captivity that can readily be distinguished from wild migratory birds by their size, shape or plumage.

Canadian Waters

3 Any provision of these Regulations that applies to a province, or any part of a province, applies to Canadian waters adjacent to that province or that part of that province.

Part 1

General

Application of this Part

Scope

4 This Part sets out general rules in respect of migratory birds and rules that apply, unless otherwise stated, to activities and permits referred to in other parts.

Prohibitions

Prohibitions

5 (1) A person who does not hold a permit authorizing one or more of the following activities or who is not otherwise authorized by these Regulations to carry out that activity must not:

Exceptions

(2) However, the following may be damaged, destroyed, removed or disturbed without a permit:

Prohibition — baiting

6 (1) A person must not deposit bait in an area referred to in Schedule 3 during the period beginning 14 days before the first day of the first open season for the area and ending on the last day of the last open season for that area.

Consent to baiting

(2) Despite subsection (1), a person may deposit bait in a place if, at least 30 days prior to depositing the bait, they

Exception — banding

(3) Despite subsections (1) and (2), the holder of a scientific permit may, at any time and in any place, deposit bait for the purpose of banding birds.

Exception — other scientific purposes

(4) Despite subsections (1) and (2), the holder of a scientific permit or their nominee may, at any time, deposit bait within the confined location specified in the permit, for scientific purposes other than banding.

Signs

(5) A person who deposits bait in accordance with subsection (3) or (4) must post, within a radius of 400 m from the bait, signs that advise that hunting is prohibited and whose type, wording and number are specified in the permit.

Lure crop and lure station areas

7 (1) A person must not enter a lure crop area or a lure station area unless authorized in writing by the chief provincial wildlife officer or the Minister.

Prohibition on hunting

(2) A person must not hunt a migratory game bird in a lure crop area or a lure station area unless the area has been declared open for hunting by the chief provincial wildlife officer or the Minister.

Signs related to prohibited activities

8 (1) A person must not destroy, damage, alter or remove a sign whose purpose is to prevent an activity referred to in subsection 5(1) and that is lawfully erected by or under the direction of the Minister or a game officer.

Signs related to bait

(2) A person must not destroy, damage, alter or remove a sign that is erected under these Regulations that identifies a place or a confined location where bait has been deposited, bait cropland, a lure crop area or a lure station area.

Foreign Species

9 A person must not introduce into Canada for the purpose of sport, acclimatization or release from captivity a species of migratory bird that is not indigenous to Canada except with the consent in writing of the Minister.

Shipping of birds and nests

10 (1) A person may possess, for the purpose of shipping it, a migratory bird that was killed, captured or taken in accordance with these Regulations or a nest that was removed in accordance with these Regulations, but they must ensure that it is packaged and that the exterior of the package is clearly marked with

Traffic between Canada and United States

(2) A person must not make migratory birds or nests that have been captured, killed, taken or shipped contrary to the laws applicable to the area in Canada, the exclusive economic zone of Canada or the United States in which those migratory birds or nests were captured, killed, taken or shipped the subject of a commercial transaction between Canada, or the exclusive economic zone of Canada, and the United States.

Temporary Possession

Possession without permit

11 (1) A person may, without a permit, temporarily possess

Non-application to eggs

(2) Subsection (1) does not apply to eggs.

Permits

Issuance by Minister

12 (1) The Minister may issue the following permits:

Application for permit

(2) A person who applies for a permit referred to in subsection (1) must

Conditions

13 (1) The Minister may set out in a permit referred to in subsection 12(1) conditions respecting

Gift of migratory bird

(2) Every permit is subject to the condition that the holder must not give a migratory bird that is obtained under the permit and that is of a species listed in Schedule 1 to the Species at Risk Act.

Use of feathers

(3) Every permit is subject to the condition that the holder must not do the following with migratory bird feathers obtained under the permit:

Invalidity

14 No permit is valid

Powers of the Minister — permits

15 (1) The Minister may

Notice

(2) A cancellation, amendment or suspension of a permit under paragraph (1)(c) is effected by sending a written notice to the person to whom the permit was issued that includes the reasons for the decision.

Cancellation, amendment or suspension of permit

(3) A permit that is cancelled, amended or suspended under paragraph (1)(c) must be reissued

Expiry

16 Every permit, other than a migratory game bird hunting permit, expires on the expiry date set out in the permit or, if a permit does not contain an expiry date, on December 31 of the year in which it was issued.

Reports

17 Every person to whom a permit was issued and who is required by these Regulations to make a report to the Minister must, except as otherwise provided in these Regulations, make that report within 30 days of the day on which the permit expires.

Gift of feathers

18 (1) A person who possesses migratory bird feathers under a permit or a right recognized and affirmed by section 35 of the Constitution Act, 1982 may give the feathers to another person for educational, social, cultural or spiritual purposes.

Exception

(2) Subsection (1) does not authorize the giving of feathers for ornamental or hat-making purposes, unless the donee may exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 to use the feathers for that purpose.

Possession

(3) A donee of feathers obtained under subsection (1) has the right to possess them.

Powers of the Minister to Vary the Application of the Regulations

Periods or quotas

19 (1) If the Minister has reasonable cause to believe that it is necessary for the purpose of the conservation of migratory game birds or murres, the Minister may vary the application of these Regulations by

Restriction — varying section 21

(2) However, the Minister must not use this power to impose a closed season, bag limit or possession limit on individuals exercising a right referred to in section 21 or to prohibit hunting of a species of migratory game bird or murre by such individuals unless limiting other rights is insufficient to achieve the conservation purpose.

Power with respect to section 52

(3) If the Minister exercises the power referred to in subsection (1) in accordance with subsection (2), the Minister may vary the application of section 52 to have it also apply to migratory game birds or murres killed or taken as an exercise of a right referred to in section 21.

Notice

(4) If the Minister uses the power referred to in subsections (1) or (3), the Minister must post a notice that describes the way the application of these Regulations is varied on a Government of Canada Internet site.

Duration

(5) The application of these Regulations is varied from the day the notice is posted until July 31 next following that day or any earlier date fixed by the Minister.

Prohibition

(6) If the Minister has altered the open season, the bag limit, or the possession limit in accordance with paragraph (1)(a), a person must not, during the period referred to in subsection (5), as the case may be,

Prohibition — hunting in an area

(7) If the Minister has prohibited the hunting of a species of migratory game bird or murre in an area in accordance with paragraph (1)(b), a person must not hunt that species in that area during the period referred to in subsection (5).

Urgent action

20 (1) The Minister may vary or suspend the application of these Regulations in an area if urgent action is needed and if the Minister considers it necessary for the conservation of migratory birds.

Duration of the suspension

(2) The application of these Regulations is suspended or varied from the day that the Minister posts the notice on the Internet site in accordance with subsection (3) until the first anniversary of that day or any earlier date fixed by the Minister.

Notice

(3) The Minister must, on a Government of Canada Internet site, post a notice indicating the ways in which the application of these Regulations is varied or suspended and the region in which their application is varied or suspended.

Section 35 of the Constitution Act, 1982

Hunting and harvesting

21 (1) An individual exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 to hunt migratory birds and harvest their eggs may exercise those rights without a permit and without being subject to a limit as to open seasons, a bag limit or a possession limit.

Inuvialuit

(2) Beneficiaries of the Inuvialuit Final Agreement approved, given effect and declared valid by the Western Arctic (Inuvialuit) Claims Settlement Act may, within the Inuvialuit Settlement Region, as defined in section 2 of that agreement, hunt and harvest migratory birds without a permit and without being subject to a limit as to open seasons, a bag limit or a possession limit.

Trading rights

22 An individual exercising a right recognized and affirmed by section 35 of the Constitution Act, 1982 to exchange a migratory bird with another individual who may exercise a similar right is authorized to do so.

Rights held by a collectivity

23 In these Regulations, a requirement to record the number of a permit under which an activity is authorized is, for an individual who is engaging in that activity as an exercise of a right referred to in sections 21 or 22, a requirement to record the name of the collectivity holding that right.

Part 2

Hunting Migratory Game Birds

Application

Scope

24 This Part applies to the hunting and subsequent use of migratory game birds. Unless otherwise indicated, it does not apply to activities that are

Murres

25 For the purposes of this Part, except as otherwise indicated, the expression migratory game birds also includes murres.

Prohibitions

Unauthorized hunting

26 (1) A person must not hunt migratory game birds unless authorized by these Regulations.

Northwest Territories general hunting licence

(2) The holder of a general hunting licence issued under the Wildlife Act of the Northwest Territories, S.N.W.T. 2014, c 31, may, without a migratory game bird hunting permit, hunt migratory game birds within that territory and possess the birds they have hunted if they are a resident of the Northwest Territories as defined in subsection 1(1) of that Act.

Hunting out of season

27 (1) A person must not hunt a species of migratory game bird in an area except during the period beginning on the first day of an open season for that area and that species and ending on the last day of that season.

Hours hunting is prohibited

(2) A person must not hunt a migratory game bird

Restrictions with respect to Sandhill Cranes

28 If, in any calendar year, the Minister or chief provincial wildlife officer has reasonable cause to believe that Whooping Crane may be in any area in the province during the open season for Sandhill Crane in the area, the Minister or chief provincial wildlife officer may prohibit the hunting of Sandhill Crane in that area during the remainder of the calendar year.

Migratory Game Bird Hunting Permit

Hunting for human consumption

29 (1) A migratory game bird hunting permit allows the holder to hunt, primarily for human consumption, a migratory game bird, other than an egg and to possess the bird they hunted.

Exception — murres

(2) A migratory game bird hunting permit does not allow its holder to hunt or possess a murre unless they are a resident of Newfoundland and Labrador, as defined in section 2 of the Wild Life Act of Newfoundland and Labrador, R.S.N.L. 1990, c W-8.

Habitat conservation stamp

30 (1) A person must not hunt migratory game birds under a migratory game bird hunting permit unless that permit includes a habitat conservation stamp that is authorized by the Minister.

Fee for stamp

(2) Subject to subsection 31(1), a person who applies for a migratory game bird hunting permit must pay the fee set out in item 9 of Schedule 2.

Validity

(3) The habitat conservation stamp is valid for the period of validity of the permit that includes it.

Hunting by minors

31 (1) Minors may obtain a migratory game bird hunting permit without paying the fee set out in item 1 of Schedule 2 and may obtain a habitat conservation stamp without paying the fee set out in item 9 of that Schedule.

Must be accompanied

(2) A migratory game bird hunting permit issued in accordance with subsection (1) does not allow a minor to hunt migratory game birds without being accompanied by an individual who

Number of minors accompanied

(3) The accompanying individual must not accompany at any one time more than

Permit Expiry

32 A migratory game bird hunting permit expires on June 30 next following the day on which it is issued.

Obligation

33 The holder of a migratory game bird hunting permit must, while hunting or while in possession of a migratory game bird that was hunted under the permit, that is not preserved and that is in a place other than their primary or habitual residence

Invalidity after guilty finding

34 (1) Subject to any court order made under subsection 16(1) of the Act or a decision made by the Minister under section 18.22 of the Act, a migratory game bird hunting permit ceases to be valid when its holder is found guilty of an offence under the Act, other than an offence resulting from the contravention of

Prohibition — application for permit

(2) Subject to any court order made under subsection 16(1) of the Act if a person has been found guilty of an offence under the Act, other than an offence referred to in paragraphs (1)(a) to (c), within the preceding twelve months they must not apply for a migratory game bird hunting permit unless they have first obtained the Minister’s permission to do so.

Hunting Methods and Equipment

Prohibition – hunting where baiting has occurred

35 (1) A person must not hunt for migratory game birds within a radius of 400 m from any place where bait has been deposited unless the place has been free of bait for at least seven days or the bait was deposited in accordance with an aviculture permit.

Clarification

(2) For the purpose of subsection (1), the following areas are not areas where bait has been deposited:

Authorized weapons

36 (1) A person must not hunt a migratory game bird except with

Prohibition — cartridges and detachable magazine

(2) A person must not, while hunting migratory game birds, possess in the hunting area

Prohibition — Possession of shotguns

(3) A person must not, while hunting migratory game birds, possess in the hunting area

Prohibition — Single projectile

(4) A person must not hunt a migratory game bird using a shotgun loaded with a cartridge containing a single projectile.

Non-toxic shot

37 (1) Subject to subsection (2), a person must not hunt a migratory game bird

Exceptions

(2) Subsection (1) does not apply to hunting American Woodcock, Band-tailed Pigeon, Mourning Dove or Eurasian Collared-Dove, unless they are hunted in an area in which the requirement to use non-toxic shot when hunting those species is set out in Schedule 3.

Definition – non-toxic shot

(3) For the purpose of this section, non-toxic shot means any shot composed of up to

Prohibition – birds and electronic bird calls

38 (1) A person must not hunt a migratory game bird using

Exception – use of raptors

(2) Despite paragraph (1)(a), migratory game birds may be hunted using raptors in any area of a province that is designated by the province as an area in which persons may hunt using raptors.

Vehicles

Prohibition – aircraft and motorized land vehicles

39 (1) Subject to subsection (2), a person must not hunt a migratory game bird

Exception — mobility-impaired person

(2) However, a mobility-impaired person is permitted to hunt from an aircraft or motorized land vehicle if it is stationary.

Requirement — mobility-impaired person

(3) For the purpose of subsection (2), a mobility-impaired person is an individual who

Prohibition — moving boats

40 (1) Subject to subsection (2), a person must not hunt a migratory game bird

Exception — murres

(2) An individual who is authorized to hunt murres may do so from any moving boat.

Retrieval

(3) For greater certainty, subsection (1) does not apply to the retrieval of a migratory game bird once it is legally killed or wounded.

Moving

4) For the purpose of this section, a boat is considered to be moving if

Retrieving Migratory Game Birds

Means for retrieval

41 (1) A person must not hunt a migratory game bird unless they have adequate means at their immediate disposal for retrieving any such bird that they kill or injure.

Prompt retrieval of killed bird

(2) An individual who kills a migratory game bird must ensure that the bird is retrieved as soon as the circumstances permit.

Prompt retrieval of wounded bird

(3) An individual who wounds a migratory game bird must ensure that the bird is killed and retrieved as soon as the circumstances permit.

Daily Bag Limits

Prohibition

42 (1) Subject to subsection (2), a person must not in any area kill or take, in any one day, a number of migratory game birds of any species or group of species that exceeds the daily bag limit in that area for that species or group of species.

Hunting in multiple areas

(2) For an individual who hunts in more than one area set out in Schedule 3 in a single day, the limit in subsection (1) is the highest daily bag limit for all of the areas in which the individual hunts on that day.

Birds found dead or wounded

(3) For the purpose of subsection (1), a bird that is found dead and taken or found wounded, killed and taken must be included in the daily bag limit of a willing migratory game bird hunting permit holder whether or not that permit holder hunted that bird.

Prohibition — bag limit reached

43 A person must not hunt migratory game birds of a given species once they have, on any given day, killed or taken the number of birds of that species or group of species that is referred to in section 42.

Birds deemed taken

44 For the purpose of section 42, a bird killed or taken by an individual who is exercising a right referred to in section 21 and who is accompanied by an individual who is not exercising such a right is deemed to be taken by the individual who is not exercising that right.

Possession

Preservation

45 (1) For the purpose of this Part and of subsections 66(1), 67(2), 68(1) and (2) and 82(1) and (3), a migratory game bird is considered to be preserved once it

Fully-feathered wing or head

(2) A migratory game bird that is eviscerated and plucked in accordance with paragraph (1)(a) must continue to have a fully-feathered wing or the fully-feathered head attached until the migratory game bird is being frozen, made into sausage, cooked, dried, canned, or smoked.

Possession limit

46 (1) A person must not have in their possession in any area at any time, a number of migratory game birds of a given species that were killed or taken under a migratory game bird hunting permit and that are not preserved that is in excess of the possession limit for that area and the species or group of species.

Exception — multiple areas

(2) For an individual who possesses a migratory game bird that is not preserved and that was hunted in an area set out in Schedule 3 other than the one in which the individual is located and who has on their person proof that they are authorized to hunt under provincial law in the area where the bird was hunted the possession limit that applies for the purpose of subsection (1) is the greater of the possession limit for that area and the possession limit for the area in which the individual is located.

Gift of birds

(3) For the purpose of subsection (1), a migratory game bird that is not preserved and that is given is counted towards the donee’s possession limit once the gift is accepted by the donee.

No longer counted

47 A migratory game bird is no longer counted for the purpose of subsection 46(1) with respect to an individual when they

Temporary third-party possession

48 (1) Any person may temporarily possess a migratory game bird on behalf of the owner.

Exception

(2) However, a person must not possess a migratory game bird for the purpose of performing taxidermy for profit unless they hold a taxidermist permit.

Bird that is not preserved

(3) For the purpose of section 46, a migratory game bird referred to in subsection (1) that is not preserved counts towards the owner’s possession limit, and not towards the other person’s.

Murres

49 However, the number of unpreserved murres that belong to other persons that a person may temporarily possess must not be greater than twice the number referred to in section 42.

Prohibition — transfer of possession without label

50 (1) A person who kills or takes a migratory game bird must not allow it to enter the possession, including the temporary possession, of another person unless it is labelled or preserved.

Labelling obligation of possessor

(2) A person who possesses a migratory game bird that is not preserved and that was taken under a migratory game bird hunting permit or as an exercise of a right referred to in section 21 must ensure that it is labelled unless that person took that bird themselves.

Exception

(3) Subsections (1) and (2) do not apply if the bird was killed or taken by an individual who is exercising a right referred to in section 21 and the donee may also exercise such a right.

Individual or group labelling

(4) For the purpose of subsections (1) and (2), a bird is considered to be labelled if a label is attached to it or if it is a part of a group of birds labelled in accordance with subsection (6).

Label requirements

(5) The label must

Group labelling

(6) Migratory game birds may be labelled as a group by packaging unlabelled birds in a package that is labelled or that contains a labelled bird, if the label satisfies the requirements set out in subsection (5) in respect of each bird.

Training retriever dogs

51 (1) Despite section 46, a person who is registered as a dog trainer with the Minister and who possesses migratory game birds for the purpose of training dogs as retrievers must not have in their possession more than 200 migratory game birds that are not preserved and that were taken under a migratory game bird hunting permit, a provincial killing permit that is described in section 64 or a scaring or killing permit that is described in section 65.

Exception — species at risk

(2) Despite subsection (1), the person must not possess a migratory game bird that is of a species listed in Schedule 1 to the Species at Risk Act.

Registration

(3) A registration referred to in subsection (1) expires on July 31 next following the date of registration.

Records

(4) A person referred to in subsection (1) must keep records showing, in respect of the dead migratory game birds they possess,

Exception — labelling

(5) Section 50 does not apply to a person referred to in subsection (1).

Fully feathered wing or head

52 (1) A person must not possess or transport a migratory game bird that is not preserved and that was killed or taken under a migratory game bird hunting permit unless at least one fully feathered wing or the fully feathered head is attached to the bird to allow its species to be identified.

Identification of species

(2) The possessor or transporter of the migratory game birds referred to in subsection (1) must store them in a manner which allows each bird to be counted and have its species identified.

Feathers

53 (1) In addition to the power conferred under subsection 18(1), the holder of a migratory game bird hunting permit or an individual exercising a right referred to in section 21 may give, sell or exchange the feathers of a migratory game bird obtained under that permit or that right, as the case may be for a functional and non- ornamental purpose including making fishing flies, bedding or clothing but excluding hat-making.

Purchase and possession

(2) A person may

Gift for consumption, taxidermy, or training

54 (1) An individual who hunts a migratory game bird under a migratory game bird hunting permit or as an exercise of a right referred to in section 21 may, subject to the conditions of the permit, if applicable, give the bird to another person for the purpose of taxidermy, human consumption (including charitable purposes) or training dogs as retrievers.

Possession

(2) Subject to the limits on the possession of unpreserved migratory game birds set out in section 46 or subsection 51(1), as the case may be, the donee of such a gift has the right to possess it.

Training retriever dogs

(3) A person must not accept a migratory game bird for the purpose of training dogs as retrievers unless the person is registered as a dog trainer with the Minister in accordance with section 51.

Prohibition — abandoning

55 (1) A person who possesses a migratory game bird whose meat is fit for human consumption must not allow the meat

Gift

(2) Subsection (1) applies to a person who offers the migratory game bird to another person until that gift is accepted by that other person.

Exception

(3) Subsection (1) does not apply in respect of a migratory game bird that is used for taxidermy or for training dogs as retrievers.

Transportation

Transportation

56 (1) Subsection 10(1) and section 50 do not apply to an individual who is transporting a migratory game bird on board a private conveyance if the bird was hunted legally by an individual who is in the private conveyance.

Prohibition — interprovincial and international transport

(2) A person must not ship or transport from a province or from Canada migratory game birds that are not preserved and that were killed or taken under a migratory game bird hunting permit except during the open season for their species or within five days after the last day of that open season.

Part 3

Overabundance, Damage and Danger

Application and Interpretation

Definition of resident

57 For the purpose of this Part, resident means, in relation to a province, an individual whose primary or habitual residence is in that province.

Scope

58 This Part applies to the management of migratory birds for the purpose of reducing the danger that they are causing or are likely to cause to human health or public safety or the damage they are causing or are likely to cause to agricultural, environmental or other interests.

Overabundant Species

Permit

59 (1) A migratory game bird hunting permit described in section 29 allows the permit holder to kill, take and possess birds of a species of migratory game bird that, as a result of the rate of increase of the population of that species or its overabundance, causes damage or is likely to cause damage to agricultural, environmental or other similar interests.

Affected Species

(2) The birds referred to in subsection (1) are birds of a species that is listed in the heading of column 2 of Table 1.1 of the relevant Part of Schedule 3 but not the eggs of those birds.

Areas and periods

(3) Subsection (1) only permits birds to be killed in the areas set out in column 1 of Table 1.1 of any Part of Schedule 3 and during the periods referred to in column 2 of that Table.

Part 2 provisions that apply

60 (1) Sections 27, 30, 31, 33, 37 and 41 to 56 apply to an individual who kills a migratory game bird in accordance with subsection 59(1).

Methods and equipment

(2) The prohibitions on hunting methods and equipment set out in sections 35, 36 and 38 to 40 apply to a person who kills migratory game birds in accordance with subsection 59(1), unless the bird is killed in an area referred to in column 1 of Table 1.1 in the appropriate Part of Schedule 3 for which that hunting method or equipment is set out in column 3.

Depositing bait in spring — Quebec

61 (1) Despite section 6, bait may be deposited for the purpose of attracting overabundant species of migratory game bird on a parcel of land in Quebec in an area set out in column 1 of Table 1.1 of Part 5 of Schedule 3 if bait is listed in column 3 of that Table for that purpose and, at least 30 days before the bait is deposited, the Minister consents in writing to the depositing of bait and the killing of migratory game birds on that parcel of land.

Conditions

(2) The Minister may give the consent referred to in subsection (1) if the Minister is provided with the following documents and information:

Withdrawal of consent

(3) The Minister may withdraw the consent if the permit holder fails to comply with an undertaking described in subparagraph (2)(d)(i) or (ii).

Designating bait cropland in the fall — Quebec

62 (1) Despite section 6, in an area of Quebec set out in column 1 of Table 1.1 of Part 5 of Schedule 3 if bait cropland is listed in column 3 for that area the owner of a parcel of land within that area may designate bait cropland if, at least 30 days earlier, the Minister consented in writing to the designation of the bait cropland and to the hunting of migratory game birds listed in the heading of column 2 of that Table on that parcel of land.

Conditions

(2) The Minister may give the consent referred to in subsection (1) if the Minister is provided with the following documents and information:

Withdrawal of consent

(3) The Minister may withdraw the consent if the permit holder fails to comply with the undertaking described in subparagraph (2)(d)(i).

Birds causing damage or danger

Scaring birds

63 (1) Despite the prohibition on harassing a migratory bird set out in paragraph 5(1)(a), a person may, without a permit, use equipment other than an aircraft or firearms to scare migratory birds that are causing or are likely to cause danger to human health or public safety or damage to agricultural, environmental or other interests.

Provincial scaring permit

(2) The chief provincial wildlife officer, with the concurrence of the Minister, may issue a permit to any resident of the province to use an aircraft or firearms, in a specified area and during a specified time, for the purpose of scaring migratory birds that are causing or likely to cause damage to crops or other property in the area.

Provincial killing permit

64 (1) If the chief provincial wildlife officer and the Minister are satisfied that scaring migratory birds is not a sufficient deterrent to prevent the birds from causing serious damage to crops or any property in a province, the chief provincial wildlife officer may issue a permit to any resident of the province to kill migratory birds of a specified species during a specified time and in a specified area.

Possession

(2) The holder of the permit referred to in subsection (1) may take and possess migratory birds killed under its authority.

Cancellation

(3) The chief provincial wildlife officer may cancel a permit issued under subsection (1).

Scaring or killing permit

65 (1) A scaring or killing permit may only be issued to an individual who owns, leases or manages a parcel of land.

Rights of permit holder and nominees

(2) The permit describes the parcel of land and authorizes its holder and their nominees, within that parcel of land and subject to the conditions of the permit, to scare migratory birds with an aircraft or firearm or to kill them, if those birds are causing or are likely to cause danger to human health or public safety or damage to agricultural, environmental or other interests, and to take and possess migratory birds killed under its authority.

Nomination

(3) The permit holder may nominate, from among the residents of the province in which the parcel of land described in the permit is situated, as many nominees as are specified in the permit.

Requirement

(4) A nomination by a permit holder must be in writing and the nominee must carry the nomination on their person at all times while they are performing the activities authorized by the permit.

Obligations after expiry or cancellation

(5) An individual to whom a permit is issued must, within 15 days after its expiry or cancellation,

Validity

(6) In addition to the cases of invalidity set out in section 14, a permit that was issued to prevent damage to a crop in the parcel of land described by the permit ceases to be valid when that crop is removed.

Fully feathered wing or head

66 (1) A person must not possess a migratory bird that is not preserved and that was killed under a provincial killing permit that is described in section 64 or a scaring or killing permit that is described in section 65 unless at least one fully feathered wing or the fully feathered head is attached to the bird to allow its species to be identified.

Identification of species

(2) The possessor or transporter of migratory birds referred to in subsection (1) must store them in a manner which allows each bird to be counted and have its species identified.

Gift for consumption, taxidermy or training

67 (1) A permit described in section 64 or 65 allows its holder, subject to the conditions of the permit, to give a migratory game bird or murre to a person for the purpose of human consumption (including charitable purposes), taxidermy or training dogs as retrievers if

Possession

(2) Subject to the limit on the possession of unpreserved migratory game birds set out in subsection 51(1), if applicable, the donee of such a gift has the right to possess it.

Training retriever dogs

(3) A person must not accept a migratory game bird or a murre for the purpose of training dogs as retrievers unless they are registered as a dog trainer with the Minister in accordance with section 51.

Records

(4) A person referred to in subsection (3) must keep records showing, in respect of the dead migratory game birds and murres that they possess,

Exception — labelling

(5) Section 68 does not apply if the migratory bird is given to a person referred to in subsection (3).

Prohibition — giving without label

68 (1) An individual who kills or takes a migratory bird under a permit described in section 64 or 65 must not give it to a person other than the permit holder or a nominee referred to in subsection 65(3), unless it is labelled or preserved.

Prohibition — unlabelled birds

(2) A person must not possess a migratory bird referred to in subsection (1) unless that person, or their nominee referred to in subsection 65(3), killed that bird themselves or the bird is labelled or preserved.

Labels on birds or groups

(3) For the purpose of subsections (1) and (2), a bird is considered to be labelled if a label is attached to it or if it is a part of a group labelled in accordance with subsection (5).

Label requirements

(4) The label must

Labelled Package

(5) Migratory birds may be labelled as a group by packaging unlabelled birds in a package that is labelled or that contains a labelled bird, if the label satisfies the requirements of subsection (4) in respect of each bird.

Prohibition

69 (1) A person who is the holder of a permit described in section 64 or 65 must not do any of the following:

Definition of decoy

(2) For the purpose of subsection (1), a decoy includes an artificial bird or any device that imitates the colour, shape or size of a migratory bird and that may attract migratory birds.

Permit to destroy eggs and nests

70 (1) An egg and nest destruction permit allows its holder and their nominees named in the permit to take and destroy the eggs of the species of migratory birds specified in the permit and to remove and destroy the nests of those species, in an area described in that permit and subject to the conditions of that permit, and to dispose of the eggs and nests in the manner provided in the permit.

Conditions

(2) The Minister may only issue an egg and nest destruction permit if the Minister has reason to believe that the destruction of the eggs and nests is necessary to reduce or prevent the danger that migratory birds are causing or are likely to cause to human health or to public safety or the damage they are causing or are likely to cause to agricultural, environmental or other interests.

Eligible permit holder

(3) An egg and nest destruction permit may only be issued to a person who owns, leases or manages a parcel of land in the area described in the permit.

Relocation permit

71 (1) A relocation permit allows its holder or their nominees named in the permit to undertake activities for the purpose of relocating the migratory birds, eggs and nests described in the permit, in the manner set out in the permit and subject to the conditions of that permit, including

Conditions

(2) The Minister may only issue a relocation permit if the Minister has reason to believe that

Eligible permit holder

(3) A relocation permit may only be issued to a person who owns, leases or manages a parcel of land in the area or areas from which the birds are captured, the eggs are taken or the nests are removed.

Airport permit

72 (1) An airport permit allows its holder or their nominee, subject to the conditions of the permit, to scare migratory birds with a firearm or aircraft or to kill and take them, if those birds are within the perimeter of an airport and that person considers them to be a danger to aircraft operating at the airport.

Possession

(2) The permit holder or their nominee must not possess birds killed or taken under the permit except for the purpose of disposing of them in the manner described in the permit.

Eligible permit holder

(3) The permit may only be issued to the manager of a civilian airport or to the commanding officer of a military airport.

Prohibition — toxic shot

73 The holder of a permit described in section 64, 65 or 72 must not use or possess any shot other than non-toxic shot, as described in section 37, for the purpose of scaring or killing birds, as the case may be, in accordance with the permit.

Part 4

Other Activities

Scope

74 This Part applies to the following permits:

Scientific permit

75 (1) A scientific permit may be issued by the Minister to a person who acts with a scientific, rehabilitation or educational purpose if the Minister is of the opinion that that person has the skills required to perform the activities for which the permit is issued.

Powers of permit holder

(2) The holder of a scientific permit may, for scientific purposes, including banding, or for rehabilitation or educational purposes, do one or more of the following activities subject to the conditions of the permit, if the activity is listed on the permit:

Nominees

(3) The Minister may

Rights of nominee

(4) A nominee who is designated on the permit and who is acting on behalf of the permit holder may, for a purpose other than banding and subject to the conditions of the permit, engage in the activities that are referred to in subsection (2) and listed on the permit.

Permit holder obligations

(5) The holder of a scientific permit must, while performing the activities authorized by the permit,

Nominee obligations

(6) A nominee must, while performing the activities authorized by the permit,

Records and information

(7) The holder of a scientific permit must

Report

(8) A person to whom a scientific permit was issued must, in accordance with section 17, make a report in writing to the Minister that contains the information recorded in accordance with subsection (7).

Disposal

(9) The holder of a scientific permit who takes a bird referred to in paragraph (2)(f) must dispose of it in accordance with the conditions of their permit.

Aviculture permit

76 (1) Subject to the conditions of the permit, an aviculture permit allows its holder to

Capturing birds and taking eggs

(2) The holder of an aviculture permit that contains an explicit authorization to capture migratory birds or take their eggs from the wild may, subject to the conditions of the permit, do such capturing or taking for avicultural purposes.

Prohibition on killing by shooting

(3) The holder of an aviculture permit must not kill migratory birds they possess under that permit by shooting them.

Prohibition on releasing into the wild

(4) A person must not release a migratory bird possessed under an aviculture permit into the wild unless the Minister authorizes the release.

Feeding birds

(5) During the period beginning 14 days before the first day of the first open season for an area and ending on the last day of the last open season for that area, the permit holder must not deposit bait in the area to feed the migratory birds possessed under an aviculture permit, except in a location that is specified in the permit and that is not visible to birds flying above the location.

Obligations

(6) The person to whom the permit is issued must

Taxidermist Permit

77 A taxidermist permit allows a taxidermist who is its holder, subject to the conditions of the permit, to possess a migratory bird for the purpose of providing taxidermy services for profit.

Written statement

78 A taxidermist permit holder must not receive or accept a migratory bird for mounting unless the bird is accompanied by a statement in writing that is signed by the owner and indicates the owner’s full name and contact information, the permit number under which the bird was killed and the circumstances under which it was killed, including the date and the place.

Records

79 (1) Every taxidermist permit holder must keep records showing, in respect of the migratory birds and eggs they have received,

Report

(2) Every person to whom a taxidermist permit is issued must make an annual report to the Minister and any other reports as the Minister requires

Validity

(3) In addition to the cases of invalidity set out in section 14, no permit described in section 77 is valid if the person to whom it was issued fails to meet the requirements of this section.

Eiderdown commerce permit

80 An eiderdown commerce permit allows its holder, subject to the conditions of the permit, to collect, possess or sell eiderdown.

Obligation – leaving sufficient eiderdown

81 A person who has the right to collect eiderdown must leave sufficient eiderdown in each nest from which they collect it to protect eggs from predators or environmental chilling.

Charity permit

82 (1) The holder of a charity permit may, subject to the conditions of the permit, possess preserved migratory game birds and murres, serve such birds at a charitable fundraising event related to migratory bird conservation or a soup kitchen, or give them to the clients of a food bank.

Fundraising

(2) Any profits made from serving migratory game birds or murres at a fundraising event must be used to protect or conserve migratory birds.

Permit holder obligations

(3) The person to whom a charity permit is issued must

Part 5

Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

Migratory Birds Convention Act, 1994
Migratory Bird Sanctuary Regulations

83 (1) Paragraph 10(2)(b) of the Migratory Bird Sanctuary Regulationsfootnote 8 is replaced by the following:

(2) Subsection 10(3) of the Regulations is replaced by the following:

(3) For the purposes of subsection (2), chief provincial wildlife officer means the person appointed as chief or director of a provincial authority concerned with the administration of a provincial wildlife act.

Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulations

84 The portion of Item 1 of the Schedule to the Designation of Regulatory Provisions for Purposes of Enforcement (Migratory Birds Convention Act, 1994) Regulationsfootnote 9 in Column 2 is replaced by the following:

Item

Column 2

Provisions

1

  • (a) subsection 5(1)
  • (b) subsection 7(2)
  • (c) section 9
  • (d) subsection 10(2)
  • (e) subsection 19(6)
  • (f) subsection 19(7)
  • (g) subsection 26(1)
  • (h) subsection 27(1)
  • (i) subsection 27(2)
  • (j) subsection 35(1)
  • (k) subsection 36(1)
  • (l) subsection 36(2)
  • (m) subsection 36(3)
  • (n) subsection 36(4)
  • (o) subsection 37(1)
  • (p) subsection 38(1)
  • (q) subsection 39(1)
  • (r) paragraph 40(1)(a)
  • (s) paragraph 40(1)(b)
  • (t) subsection 41(1)
  • (u) subsection 41(2)
  • (v) subsection 41(3)
  • (w) subsection 42(1)
  • (x) section 43
  • (y) subsection 46(1)
  • (z) subsection 51(2)
  • (z.1) subsection 55(1)
  • (z.2) paragraph 69(1)(a)
  • (z.3) paragraph 69(1)(b)
  • (z.4) section 73
  • (z.5) subsection 76(4)
  • (z.6) section 81
Canada National Parks Act
Wood Buffalo National Park Game Regulations

85 The definition migratory bird in subsection 2(1) of the Wood Buffalo National Park Game Regulations footnote 10 is replaced by the following:

migratory bird has the same meaning as in the Migratory Birds Convention Act, 1994, but excludes birds raised in captivity that can readily be distinguished from wild migratory birds by their size, shape or plumage; (oiseau migrateur)

Canadian Environmental Assessment Act, 2012
Law List Regulations

86 (1) Item 20 of Part II of Schedule I to the English version of the Law List Regulations footnote 11 is replaced by the following:

Item*

Provisions

20.

(23)

Migratory Birds Regulations

  • (a) section 9
  • (b) subsection 12(1)
  • (c) section 20

(2) Item 23 of Part II of Schedule I to the French version of the Regulations is replaced by the following:

Article*

Dispositions

23. (20)

Règlement sur les oiseaux migrateurs

  • a) article 9
  • b) paragraphe 12(1)
  • c) article 20
Inclusion List Regulations

87 (1) Sections 50 to 53 of the Schedule to the Inclusion List Regulations footnote 12 are replaced by the following:

50 The killing or capturing of a migratory bird, the taking of a migratory bird or its eggs or the removal of its nest that requires a scientific permit referred to in section 75 of the Migratory Birds Regulations.

51 The killing of an endangered migratory bird that is considered to be a danger to aircraft operating at an airport that requires a permit referred to in subsection 72(1) of the Migratory Birds Regulations.

52 The collection of eiderdown from migratory birds that requires a permit referred to in section 80 of the Migratory Birds Regulations.

53 The introduction into Canada for the purpose of sport, acclimatization or release from captivity of a species of migratory bird not indigenous to Canada that requires consent in writing under section 9 of the Migratory Birds Regulations.

(2) Section 55 of the Schedule to the Regulations is repealed.

Environmental Violations Administrative Monetary Penalties Act
Environmental Violations Administrative Monetary Penalties Regulations

88 Division 2 of Part 4 of Schedule 1 to the Environmental Violations Administrative Monetary Penalties Regulations footnote 13 is replaced by the following:

DIVISION 2

Migratory Birds Regulations
Item Column 1

Provision
Column 2

Violation Type
1 5(1)(a) B
2 6(1) A
3 6(5) A
4 7(1) A
5 7(2) B
6 8(1) A
7 8(2) A
8 9 C
9 10(1) A
10 10(2) C
11 17 A
12 19(6)(a) B
13 19(6)(b) B
14 19(6)(c) B
15 19(7) C
16 26(1) B
17 27(1) B
18 27(2)(a) B
19 27(2)(b) B
20 30(1) A
21 31(3)(a) A
22 31(3)(b) A
23 33(a)(i) A
24 33(a)(ii) A
25 33(b) A
26 34(2) A
27 35(1) B
28 36(1) B
29 36(2)(a) B
30 36(2)(b) B
31 36(3)(a) B
32 36(3)(b) B
33 36(4) B
34 37(1)(a) B
35 37(1)(b) B
36 38(1)(a) B
37 38(1)(b) B
38 39(1)(a) B
39 39(1)(b) B
40 40(1)(a) B
41 40(1)(b) B
42 41(1) B
43 41(2) B
44 41(3) B
45 42(1) B
46 43 B
47 46(1) B
48 48(2) A
49 50(1) A
50 50(2) A
51 51(1) B
52 51(2) B
53 51(4) A
54 52(1) A
55 52(2) A
56 55(1)(a) B
57 55(1)(b) B
58 56(2) A
59 65(4) A
60 65(5)(a) A
61 65(5)(b) A
62 66(1) A
63 66(2) A
64 67(3) A
65 67(4) A
66 68(1) A
67 68(2) A
68 69(1)(a) B
69 69(1)(b) B
70 69(1)(c) B
71 69(1)(d) B
72 72(2) A
73 73 B
74 75(5)(a) A
75 75(5)(b) A
76 75(6)(a) A
77 75(6)(b) A
78 75(7)(a) A
79 75(7)(b) A
80 75(8) A
81 75(9) A
82 76(3) A
83 76(4) B
84 76(5) A
85 76(6)(a) A
86 76(6)(b) A
87 78 A
88 79(1) A
89 79(2) A
90 81 C
91 82(3)(a) A
92 82(3)(b) A

89 Part 3 of Schedule 3 to the Regulations is repealed.

Repeal

90 The Migratory Birds Regulations footnote 14 are repealed.

Coming into force

Registration

91 These Regulations come into force on the day on which they are registered.

SCHEDULE 1

(Paragraphs 5(2)(b) and (c))

Table 1 — ALCIDAE
Item Column 1

Scientific name
Column 2

English Common name
Column 3

French Common Name
Column 4

Number of months
1 Cepphis columba Pigeon Guillemot Guillemot colombin 12
2 Cerorhinca monocerata Rhinoceros Auklet Macareux rhinocéros 12
3 Fratercula arctica Atlantic Puffin Macareux moine 12
4 Fratercula cirrhata Tufted Puffin Macareux huppé 12
5 Fratercula coniculata Horned Puffin Macareux cornu 12
Table 2 — ARDEIDAE
Item Column 1

Scientific name
Column 2

English Common name
Column 3

French Common Name
Column 4

Number of months
1 Ardea alba Great Egret Grande Aigrette 24
2 Ardea herodias Great Blue Heron Grand Héron 24
3 Bubulcus ibis Cattle Egret Héron garde-bœufs 24
4 Butorides virescens Green Heron Héron vert 24
5 Egretta thula Snowy Egret Aigrette neigeuse 24
6 Nycticorax nycticorax Black-crowned Night Heron Bihoreau gris 24
Table 3 — HYDROBATIDAE
Item Column 1

Scientific name
Column 2

English Common name
Column 3

French Common Name
Column 4

Number of months
1 Oceanodroma furcata Fork-tailed Storm Petrel Océanite à queue fourchue 12
2 Oceanodroma leucorhoa Leach’s Storm Petrel Océanite cul-blanc 12
Table 4 — PICIDAE
Item Column 1

Scientific name
Column 2

English Common name
Column 3

French Common Name
Column 4

Number of months
1 Hylatomus pileatus Pileated Woodpecker Grand pic 36
Table 5 — PROCELLARIIDAE
Item Column 1

Scientific name
Column 2

English Common name
Column 3

French Common Name
Column 4

Number of months
1 Puffinus puffinus Manx Shearwater Puffin des anglais 12
Table 6 — SULIDAE
Item Column 1

Scientific name
Column 2

English Common name
Column 3

French Common Name
Column 4

Number of months
1 Morus bassanus Northern Gannet Fou de Bassan 12

SCHEDULE 2

(Paragraph 12(2)(a) and subsections 30(2) and 31(1))

Cost of Documents

Item Column 1

Documents
Column 2

Fee
1 Migratory game bird hunting
permit
$ 8.50
2 Any damage or danger permit $ 0.00
3 Airport permit $ 0.00
4 Scientific permit $ 0.00
5 Aviculture permit $ 10.00
6 Taxidermist permit $ 10.00
7 Eiderdown commerce
permit
$ 10.00
8 Charity permit $ 0.00
9 Habitat conservation stamp $ 8.50

SCHEDULE 3

(Subsections 1(1), 6(1) and 37(2), paragraph 38(1)(b), subsections 42(2), 46(2), 59(2) and (3), 60(2) and 61(1), subparagraph 61(2)(d)(iii), subsection 62(1) and subparagraph 62(2)(d)(ii))

PART 1 — NEWFOUNDLAND AND LABRADOR

TABLE 1

Open Seasons on the Island of Newfoundland
Item Column 1 Column 2 Column 3
Open Season
Area

Ducks, Including Mergansers (Other than Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters), Geese and Snipe

Long-tailed Ducks, Eiders and Scoters

1

Northwestern Coastal Zone

Third Saturday of September to last Saturday of December

November 1 to February 14

2

Southwestern, Southern, Avalon-Burin, Northeastern and Northern Coastal Zones

Third Saturday of September to last Saturday of December

November 25 to March 10

3

All Inland Zones

Third Saturday of September to last Saturday of December

No open season

1 In this Part,

TABLE 2

Bag and Possession Limits on the Island of Newfoundland

Item

Column 1

Limit

Column 2

Ducks (Other Than Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)

Column 3

Mergansers

Column 4

Long-tailed Ducks, Eiders and Scoters

Column 5

Geese

Column 6

Snipe

1

Daily Bag

6 table 12 note (a)

6

6

5

10

2

Possession

18 table 12 note (b)

12

12

10

20

Table 12 note(s)

Table 12 Note (a)

Not more than one may be Barrow’s Goldeneye and, during the period beginning on November 30 and ending on the last Saturday of December, not more than four may be American Black Ducks.

Return to table 12 note (a) referrer

Table 12 Note (b)

Not more than one may be Barrow’s Goldeneye.

Return to table 12 note (b) referrer

TABLE 3

Open Seasons in Labrador
Item Column 1 Column 2 Column 3
Open Season
Area

Ducks (Other than Harlequin Ducks and Eiders), Geese and Snipe

Eiders
1

Northern Labrador Zone

First Saturday of September to third Saturday of December

For a period of 106 days beginning on the last Saturday of September

2

Western Labrador Zone

First Saturday of September to third Saturday of December

No open season

3

Southern Labrador Zone

First Saturday of September to third Saturday of December

November 1 to February 14

4

Central Labrador Zone

First Saturday of September to third Saturday of December

Last Saturday of October to last Saturday of November and first Saturday of January to last day of February

1 In this Part,

TABLE 4

Bag and Possession Limits in Labrador
Item Column 1

Limit

Column 2

Ducks (Other Than Mergansers, Harlequin Ducks, Eiders and Scoters)

Column 3

Mergansers, Eiders and Scoters

Column 4

Geese
Column 5

Snipe
1 Daily Bag 6 table 14 note (a) 6 5 10
2 Possession 18 table 14 note (b) 12 10 20

Table 14 note(s)

Table 14 Note (a)

Not more than one may be Barrow’s Goldeneye.

Return to table 14 note (a) referrer

Table 14 Note (b)

Not more than one may be Barrow’s Goldeneye.

Return to table 14 note (b) referrer

TABLE 5

Open Seasons for Murres in Newfoundland and Labrador
Item Column 1

Area
Column 2

Murres
1 Zone No. 1 September 1 to December 16
2 Zone No. 2 October 6 to January 20
3 Zone No. 3 November 25 to March 10
4 Zone No. 4 November 3 to January 10 and February 2 to March 10

1 In this Part,

TABLE 6

Bag and Possession Limits for Murres in Newfoundland and Labrador
Item Column 1

Limit
Column 2

Murres
1 Daily Bag 20
2 Possession 40

PART 2 — PRINCE EDWARD ISLAND

TABLE 1

Open Seasons in Prince Edward Island
Item Column 1

Column 2

Column 3

Column 4

Column 5

Open Season

Area

Ducks (Other than Common and
Red-breasted Mergansers,
Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters) and Snipe

Common and
Red-breasted Mergansers,
Long-tailed Ducks,
Eiders and Scoters

Geese Woodcock
1

Throughout Prince Edward Island

October 1 to December 31

October 1 to December 31

For a period of 14 days beginning on the day after Labour Day

October 1 to December 31

Last Monday of September to second Saturday of December

TABLE 2

Bag and Possession Limits in Prince Edward Island
Item Column 1

Limit

Column 2

Ducks (Other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)

Column 3

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters

Column 4

Geese
Column 5

Woodcock
Column 6

Snipe
1 Daily Bag 6 table 18 note (a) 6 table 18 note (c) 5 table 18 note (e) , table 18 note (f) 8 10
2 Possession 18 table 18 note (b) 12 table 18 note (d) 16 16 20

Table 18 note(s)

Table 18 Note (a)

Not more than one may be Barrow’s Goldeneye, and during the period beginning on December 1 and ending on December 31, not more than four may be Mallard-American Black Duck hybrids or American Black Ducks or any combination of them.

Return to table 18 note (a) referrer

Table 18 Note (b)

Not more than one may be Barrow’s Goldeneye.

Return to table 18 note (b) referrer

Table 18 Note (c)

Not more than four Scoters or four Eiders may be killed or taken daily.

Return to table 18 note (c) referrer

Table 18 Note (d)

Not more than eight Scoters or eight Eiders may be possessed.

Return to table 18 note (d) referrer

Table 18 Note (e)

Up to three additional Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily during the 14-day period beginning on the day after Labour Day.

Return to table 18 note (e) referrer

Table 18 Note (f)

Not more than three daily during the period beginning on November 15 and ending on December 31.

Return to table 18 note (f) referrer

PART 3 — NOVA SCOTIA

TABLE 1

Open Seasons in Nova Scotia
Item Column 1 Column 2 Column 3 Column 4 Column 5
Open Season
Area

Ducks (Other than Harlequin Ducks, Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads)

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders, Scoters, Goldeneyes and Buffleheads

Geese Woodcock and Snipe
1 Zone No. 1 October 1 to
January 7
October 1 to
January 7

For a period of 15 days beginning on the day after Labour Day

October 1 to December 31

October 1 to November 30

2 Zone No. 2 October 8 to
January 15
October 8 to
January 15

For a period of 21 days beginning on the day after Labour Day

October 22 to
January 15

October 1 to November 30

3 Zone No. 3 October 8 to
January 15
October 8 to
January 15

For a period of 21 days beginning on the day after Labour Day

October 22 to
January 15

October 1 to November 30

1 In this Part,

TABLE 2

Bag and Possession Limits in Nova Scotia

Item Column 1

Limit

Column 2

Ducks (Other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)

Column 3

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters

Column 4

Geese
Column 5

Woodcock
Column 6

Snipe
1 Daily Bag 6 table 20 note (a) 5 table 20 note (c) 5 table 20 note (e) , table 20 note (f) 8 10
2 Possession 18 table 20 note (b) 10 table 20 note (d) 16 16 20

Table 20 note(s)

Table 20 Note (a)

Not more than one may be Barrow’s Goldeneye. In Zone No. 1, during the period beginning on December 1 and ending on January 7, and in Zone No. 2 and Zone No. 3, during the period beginning on December 8 and ending on January 15, not more than four may be American Black Ducks.

Return to table 20 note (a) referrer

Table 20 Note (b)

Not more than one may be Barrow’s Goldeneye.

Return to table 20 note (b) referrer

Table 20 Note (c)

Not more than four Scoters or four Eiders may be killed or taken daily.

Return to table 20 note (c) referrer

Table 20 Note (d)

Not more than eight Scoters or eight Eiders may be possessed.

Return to table 20 note (d) referrer

Table 20 Note (e)

In Zone No. 1, up to three additional Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily during the 15-day period beginning on the day after Labour Day.

Return to table 20 note (e) referrer

Table 20 Note (f)

In Zone No. 2 and Zone No. 3, up to three additional Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily during the 21-day period beginning on the day after Labour Day.

Return to table 20 note (f) referrer

PART 4 — NEW BRUNSWICK

TABLE 1

Open Seasons in New Brunswick
Item Column 1

Column 2

Column 3

Column 4

Column 5

Open Season
Area

Ducks (Other than Harlequin Ducks,
Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters) and Snipe

Geese

Common and
Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters

Woodcock
1 Zone No. 1

October 15 to January 14

For the period beginning on the day after Labour Day and ending on the Tuesday before the last Saturday in September

October 15 to January 4

October 15 to January 4

February 1 to 24

September 15 to November 30

2 Zone No. 2

October 1 to December 31

For the period beginning on the day after Labour Day and ending on the Tuesday before the last Saturday in September

October 1 to December 18

October 1 to December 18

September 15 to November 30

1 In this Part,

2 The open seasons set out in Table I do not apply to the following areas in the Province of New Brunswick:

TABLE 2

Bag and Possession Limits in New Brunswick
Item Column 1

Limit

Column 2

Ducks (Other than Common and Red-breasted Mergansers, Long-tailed Ducks, Harlequin Ducks, Eiders and Scoters)

Column 3

Common and Red-breasted Mergansers, Long-tailed Ducks, Eiders and Scoters

Column 4

Geese
Column 5

Woodcock
Column 6

Snipe
1 Daily Bag 6 table 22 note (a) 6 table 22 note (c) 5 table 22 note (e) 8 10
2 Possession 18 table 22 note (b) 12 table 22 note (d) 16 16 20

Table 22 note(s)

Table 22 Note (a)

Not more than one may be Barrow’s Goldeneye. In Zone No. 1, during the period beginning on December 15 and ending on January 14, and in Zone No. 2, during the period beginning on December 1 and ending on December 31, not more than four may be American Black Ducks.

Return to table 22 note (a) referrer

Table 22 Note (b)

Not more than one may be Barrow’s Goldeneye.

Return to table 22 note (b) referrer

Table 22 Note (c)

Not more than four Scoters or four Eiders may be killed or taken daily.

Return to table 22 note (c) referrer

Table 22 Note (d)

Not more than eight Scoters or eight Eiders may be possessed.

Return to table 22 note (d) referrer

Table 22 Note (e)

Up to three additional Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily during the period beginning on the day after Labour Day and ending on the Tuesday preceding the last Saturday of September.

Return to table 22 note (e) referrer

PART 5 — QUEBEC

TABLE 1

Open Seasons in Quebec

Item

Column 1






Area

Column 2

Column 3

Column 4

Open Season

Column 5

Column 6

Ducks (Other than Eiders, Harlequin and Long-tailed Ducks), Geese (Other than Canada Geese, Cackling Geese and Snow Geese) and Snipe

Canada Geese and Cackling Geese

Eiders and Long-tailed Ducks

Coots and Gallinules

Woodcock and Mourning Doves

table 23 Notes

table 23 Note a

In Districts C, D, E and F, hunting for Canada Geese and Cackling Geese is allowed only on farmland.

Return to table 23 note a referrer

table 23 Note b

In District B, in the portion of the North Shore west of the Natashquan River, for Eiders and Long-tailed Ducks, the hunting seasons are the periods beginning on October 1 and ending on October 24 and beginning on November 15 and ending on February 5.

Return to table 23 note b referrer

table 23 Note c

In District E, the open season for Barrow’s and Common Goldeneyes closes on October 21 in Provincial Hunting Zone No. 21 and 100 m beyond this zone. In District F, the open season for Barrow’s and Common Goldeneyes closes on October 21 between Pointe Jureux (Saint-Irénée) and the Gros Cap à l’Aigle (Saint-Fidèle) from routes 362 and 138 to 2 km within Provincial Hunting Zone No. 21.

Return to table 23 note c referrer

table 23 Note d

Hunting for Mourning Dove is allowed only in District F; non-toxic shot required.

Return to table 23 note d referrer

1

District A

September 1 to December 16

September 1 to December 16

September 1 to December 16

No open season

September 1 to December 16 table 23 note d

2

District B

For a period of 106 days beginning on the first Saturday after September 11

The first Saturday after September 11 to the first Saturday after December 25

October 1 to January 14 table 23 note b

No open season

For a period of 106 days beginning on September 11 if that day is a Saturday or, if not, on the nearest Saturday that is before or after September 11 table 23 note d

3

Districts C, D and E

For a period of 106 days beginning on the first Saturday after September 11 table 23 note c

September 1 to the first Friday after September 10 table 23 note a

The first Saturday after September 11 to December 16

The first Saturday after September 11 to the first Saturday after December 25

No open season

For a period of 106 days beginning on September 18 if that day is a Saturday or, if not, on the nearest Saturday that is before or after September 18 table 23 note d

4

District F

For a period of 106 days beginning on the first Saturday after September 18 table 23 note c

September 6 to the first Friday after September 17 table 23 note a

The first Saturday after September 18 to December 21

The first Saturday after September 18 to the first Saturday after January 1 of the following year

The first Saturday after September 18 to the first Saturday after January 1 of the following year

For a period of 106 days beginning on September 18 if that day is a Saturday or, if not, on the nearest Saturday that is before or after September 18

5

District G

Last Saturday of September to December 26

Last Saturday of September to December 26

November 1 to February 14

No open season

Last Saturday of September to December 26 table 23 note d

1 In this Part,

2 In this Part, the Provincial Hunting Zones comprise the areas described in the Regulation respecting fishing and hunting areas of the Province of Quebec, made pursuant to an Act Respecting the Conservation and Development of Wildlife, R.S.Q., c. C-61.1.

3 The open seasons set out in Table 1 and Table 1.1 do not apply to the following areas in the Province of Quebec:

4 The open seasons set out in Table 1 do not apply in respect of Snow Goose in that portion of the St. Lawrence River bounded on the northeast by a straight line joining Cap Brûlé in the County of Charlevoix and the west side of the mouth of the Trois-Saumons River in the County of l’Islet and bounded on the southwest by a straight line joining the east side of the mouth of the Sainte-Anne River in the County of Montmorency and the wharf at the Town of Berthier in the County of Montmagny except between the southern boundary of the north navigational channel and the northern boundary of the south navigational channel and exposed land within that portion of the St. Lawrence River.

TABLE 1.1

Measures in Quebec Concerning Overabundant Species

Item

Column 1

Area

Column 2

Period during which Snow Geese may be killed

Column 3

Additional hunting method or equipment

table 24 Notes

table 24 Note a

Hunting and hunting equipment are allowed only on farmland.

Return to table 24 note a referrer

table 24 Note b

In District F, no person shall hunt south of the St. Lawrence River and north of the road right-of-way of Route 132 between the western limit of Montmagny municipality and the eastern limit of Cap-Saint-Ignace municipality, other than in lots 4,598,472, 2,611,981 and 2,611,982 of the cadastre of Quebec (all located in Montmagny municipality).

Return to table 24 note b referrer

table 24 Note c

In District F, on the north shore of the St. Lawrence River, no person shall hunt north of the St. Lawrence River and south of a line located at 1000 m north of Highway 40 between Montée St-Laurent and the Maskinongé River. On the south shore of the St. Lawrence River, no person shall hunt south of the St. Lawrence River and north of the railroad right-of-way located near Route 132 between the Nicolet River in the east and Lacerte Road in the west.

Return to table 24 note c referrer

table 24 Note d

"Electronic bird calls" refers to bird calls of a species referred to in the heading of column 2.

Return to table 24 note d referrer

table 24 Note e

Hunting with bait or in bait cropland is permitted if the Minister has given consent in writing pursuant to sections 61 or 62 of the Regulations.

Return to table 24 note e referrer

table 24 Note f

Any species of migratory bird for which it is open season may be killed or taken while hunting Snow Geese with recorded Snow Goose calls.

Return to table 24 note f referrer

1

District A

May 1 to June 30

September 1 to December 16

Electronic bird calls table 24 note d

Electronic bird calls table 24 note d, table 24 note f

2

District B

The first Saturday after September 11 to the first Saturday after December 25

Electronic bird calls table 24 note d, table 24 note f

3

Districts C and D

March 1 to May 31 table 24 note a

September 1 to the first Friday after September 10table 24 note a

The first Saturday after September 11 to the first Saturday after December 25

Electronic bird callstable 24 note d

Electronic bird calls table 24 note d, table 24 note f

Electronic bird calls table 24 note d, table 24 note f

4

District E

March 1 to May 31table 24 note a

September 1 to the first Friday after September 10table 24 note a

The first Saturday after September 11 to the first Saturday after December 25

Electronic bird calls table 24 note d; bait table 24 note e

Electronic bird calls table 24 note d, table 24 note f; bait cropland table 24 note e

Electronic bird calls table 24 note d, table 24 note f; bait cropland table 24 note e

5

District F

March 1 to May 31 table 24 note a, table 24 note b, table 24 note c

September 6 to the first Friday after September 17 table 24 note a

The first Saturday after September 18 to the first Saturday after January 1 of the following year

Electronic bird callstable 24 note d; bait table 24 note e

Electronic bird calls table 24 note d, table 24 note f; bait croplandtable 24 note e

Electronic bird calls table 24 note d, table 24 note f; bait cropland table 24 note e

6

District G

Last Saturday of September to December 26

Electronic bird calls table 24 note d, table 24 note f

TABLE 2

Bag and Possession Limits in Quebec

Item

Column 1



Limit

Column 2



Ducks

Column 3

Geese (Other than Snow Geese)

Column 4



Snow Geese

Column 5


Coots and Gallinules

Column 6



Woodcock

Column 7



Snipe

Column 8


Mourning Doves

table 25 Notes

table 25 Note a

In the portion of District F that is south of Route 148 and is west of Highway 15, not more than two may be American Black Ducks.

Return to table 25 note a referrer

table 25 Note b

Not more than one may be Blue-winged Teal and not more than one may be Barrow’s Goldeneye.

Return to table 25 note b referrer

table 25 Note c

Not more than two may be Blue-winged Teal and not more than one may be Barrow’s Goldeneye.

Return to table 25 note c referrer

table 25 Note d

Up to five additional Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily during the period beginning on September 1 and ending on September 25.

Return to table 25 note d referrer

table 25 Note e

For persons whose primary or habitual place of residence is not in Canada, not more than four may be killed or taken daily.

Return to table 25 note e referrer

table 25 Note f

No limit for Canada Geese.

Return to table 25 note f referrer

1

Daily Bag

6 table 25 note a, table 25 note b

5 table 25 note d

20

4

8 table 25 note e

10

8

2

Possession

18 table 25 note c

20 table 25 note f

No limit

12

24

30

24

PART 6 — ONTARIO

TABLE 1

Open Seasons in Ontario

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Area

Open Season

Ducks (Other than Harlequin Ducks), Rails (Other than Yellow Rails and King Rails), Gallinules, Coots, Snipe and Geese (Other than Canada Geese and Cackling Geese)

Canada Geese and
Cackling Geese

Woodcock

Mourning Doves

table 26 Notes

table 26 Note a

Non-toxic shot required.

Return to table 26 note a referrer

table 26 Note b

In Wildlife Management Unit 65, Electronic Snow Goose and Ross’s Goose calls may be used when hunting those geese; any species of migratory bird for which it is open season may be killed or taken while hunting Snow Geese and Ross’s Geese with those calls.

Return to table 26 note b referrer

table 26 Note c

In municipalities where Sunday gun hunting is permitted by provincial regulations.

Return to table 26 note c referrer

table 26 Note d

In municipalities where Sunday gun hunting is not permitted by provincial regulations.

Return to table 26 note d referrer

table 26 Note e

Except in Wildlife Management Unit 94.

Return to table 26 note e referrer

table 26 Note f

In Wildlife Management Units 60–67, 69B.

Return to table 26 note f referrer

table 26 Note g

In Wildlife Management Units 68, 69A, 70–95.

Return to table 26 note g referrer

1

Hudson-James Bay District

September 1 to December 16

September 1 to December 16

September 15 to December 16

No open season

2

Northern District

September 10 to December 24

September 1 to December 16

September 15 to December 16

No open season

3

Central District

For a period of 106 days beginning on the third Saturday of September

September 1 to December 16

September 15 to December 16

September 1 to November 30 table 26 note a

4

Southern District

For a period of 106 days beginning on the fourth Saturday of September table 26 note b

For a period of 11 days beginning on the first Thursday after Labour Day table 26 note c

For a period of 11 days beginning on the first Thursday after Labour Day, except for any Sunday within this period table 26 note d

For a period of 96 days — 95 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September table 26 note c

For a period of 106 days — 105 days if Labour Day falls on September 1 or 2 — beginning on the fourth Saturday of September except for any Sunday within this period table 26 note d

For a period of 8 days beginning on the fourth Saturday of February, except for any Sunday within this period table 26 note d, table 26 note e

September 15 to December 20 table 26 note f

September 25 to December 20 table 26 note g

September 1 to November 30 table 26 note a

1 In this Part,

2 In this Part,

3 In this Part, the open seasons set out in Table 1 do not apply to the following areas:

TABLE 1.1

Measures in Ontario Concerning Overabundant Species

Item

Column 1


Area

Column 2

Period during which Snow Geese and
Ross’s Geese may be killed

Column 3


Additional hunting method or equipment

Table 5 Notes

Table 27 Note a

Hunting and hunting equipment are allowed only on farmland.

Return to table 27 note a referrer

Table 27 Note b

"Electronic bird calls" refers to bird calls of a species referred to in the heading of column 2.

Return to table 27 note b referrer

1

Wildlife Management Unit 65

March 1 to May 31 table 27 note a

Electronic bird calls table 27 note b

TABLE 2

Bag and Possession Limits in Ontario

Item

Column 1





Limit

Column 2



Ducks (other than Harlequin Ducks)

Column 3



Canada Geese and Cackling Geese

Column 4



Snow Geese and Ross’s Geese

Column 5





Other Geese

Column 6

Rails (other than Yellow Rails and King Rails), Coots and Gallinules

Column 7





Snipe

Column 8





Woodcock

Column 9




Mourning Doves

table 28 Notes

table 28 Note a

Not more than one may be Barrow’s Goldeneye. In the Southern District, not more than two may be American Black Ducks, and in the Hudson-James Bay District, Northern District and Central District, not more than four may be American Black Ducks.

Return to table 28 note a referrer

table 28 Note b

Not more than one may be Barrow’s Goldeneye. In the Southern District, not more than six may be American Black Ducks, and in the Hudson-James Bay District, Northern District and Central District, not more than 12 may be American Black Ducks.

Return to table 28 note b referrer

table 28 Note c

A total of not more than two Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily in Wildlife Management Unit 94 in the period beginning on the fourth Saturday in September and ending on the last day of the open season.

Return to table 28 note c referrer

table 28 Note d

A total of not more than three Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily in Wildlife Management Units 82, 84, 85 and 93 during the period beginning on the fourth Saturday of September and ending on October 31.

Return to table 28 note d referrer

table 28 Note e

Up to five additional Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily in the following Wildlife Management Units:

  • (i) 8, 10, 13, 36, 37, 39, 41 and 45 during the period beginning on September 1 and ending on September 9,
  • (ii) 42 to 44 and 46 to 59 during the period beginning on September 1 and ending on the Friday preceding the third Saturday in September,
  • (iii) 60 to 81, 83, 86 to 92 and 95 during the 11-day period beginning on the first Thursday after Labour Day, and
  • (iv) 60 to 81, 83 and 86 to 92 during the eight-day period beginning on the fourth Saturday in February, in municipalities where Sunday gun hunting is not permitted.

Return to table 28 note e referrer

table 28 Note f

Up to three additional Canada Geese or Cackling Geese, or any combination of them, may be killed or taken daily in

  • (i) Wildlife Management Units 82, 84, 85, 93 and 94 during the 11-day period beginning on the first Thursday after Labour Day, and
  • (ii) Wildlife Management Units 82, 84, 85 and 93 during the eight-day period beginning on the fourth Saturday in February in municipalities where Sunday gun hunting is not permitted.

Return to table 28 note f referrer

table 28 Note g

Up to 30 additional Snow Geese or Ross’s Geese, or any combination of them, may be killed or taken daily in the Hudson-James Bay District.

Return to table 28 note g referrer

table 28 Note h

Not more than four may be Gallinules and not more than eight may be Coots.

Return to table 28 note h referrer

table 28 Note i

Not more than 12 may be Gallinules and not more than 24 may be Coots.

Return to table 28 note i referrer

1

Daily Bag

6 table 28 note a

5 table 28 note c, table 28 note d, table 28 note e, table 28 note f

20 table 28 note g

5

10 table 28 note h

10

8

15

2

Possession

18 table 28 note b

no limit

no limit

15

30 table 28 note i

30

24

45

PART 7 — MANITOBA

TABLE 1

Open Seasons in Manitoba

Item

Column 1










Area

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Open Season

Ducks, Geese, Coots and Snipe RESIDENTS OF CANADA

Ducks, Canada Geese, Cackling Geese,
White-fronted Geese, Brant, Coots and Snipe
NON-RESIDENTS OF CANADA

Sandhill Cranes

Snow and
Ross’s Geese NON-RESIDENTS OF CANADA

American Woodcock

Canada Geese and Cackling Geese RESIDENTS OF CANADA

table 29 Notes

table 29 Note a

Electronic Snow Goose and Ross’s Goose calls may be used when hunting Snow Geese and Ross’s Geese; any species of migratory birds for which it is open season may be killed or taken while hunting Snow Geese and Ross’s Geese with those calls.

Return to table 29 note a referrer

1

Game Bird Hunting
Zone No. 1

September 1 to October 31 table 29 note a

September 1 to October 31

September 1 to November 30

September 1 to October 31 table 29 note a

N/A

N/A

2

Game Bird Hunting
Zone No. 2

September 1 to November 30 table 29 note a

September 8 to November 30

September 1 to November 30

September 8 to November 30 table 29 note a

N/A

N/A

3

Game Bird Hunting
Zone No. 3

September 1 to December 6 table 29 note a

September 24 to December 6

September 1 to December 6

September 17 to December 6 table 29 note a

September 8 to December 6

March 1 to March 10

4

Game Bird Hunting
Zone No. 4

September 1 to December 6 table 29 note a

September 24 to December 6

September 1 to December 6

September 17 to December 6 table 29 note a

September 8 to December 6

March 1 to March 10

TABLE 1.1

Measures in Manitoba Concerning Overabundant Species

Item

Column 1


Area

Column 2

Period during which Snow Geese and
Ross’s Geese may be killed

Column 3


Additional hunting method or equipment

Table 30 Note

Table 30 Note a

"Electronic bird calls" refers to bird calls of a species referred to in the heading of column 2.

Return to table 30 note a referrer

1

Game Bird Hunting Zone 1

April 1 to June 15 and August 15 to August 31

Electronic bird calls table 30 note a

2

Game Bird Hunting Zone 2

March 15 to May 31

Electronic bird calls table 30 note a

3

Game Bird Hunting Zone 3

March 15 to May 31

Electronic bird calls table 30 note a

4

Game Bird Hunting Zone 4

March 15 to May 31

Electronic bird calls table 30 note a

1 In this Part,

2 In this Part, the open season for non-residents of Canada in Game Bird Hunting Zone 4 and in provincial Game Hunting Areas 13A, 14 and 14A, that portion of Area 16 south of the north limit of Township 33 and Areas 18, 18A, 18B, 18C, 19, 19A, 19B, 20, 21A, 23A and 25, as described in the Hunting Areas and Zones Regulation, 220/86, of the Province of Manitoba, made under the Wildlife Act (C.C.S.M., c. W130), includes,

TABLE 2

Bag and Possession Limits in Manitoba

Item

Column 1











Limit

Column 2









Ducks RESIDENTS OF CANADA

Column 3







Ducks
NON-RESIDENTS OF
CANADA

Column 4








Snow Geese
and Ross’s Geese

Column 5

Canada Geese, Cackling Geese, White-fronted Geese and Brant RESIDENTS OF CANADA

Column 6


Canada Geese, Cackling Geese, White-fronted Geese and Brant NON-RESIDENTS OF CANADA

Column 7










Sandhill Cranes

Column 8











Coots

Column 9











Snipe

Column 10








Woodcock RESIDENTS OF
CANADA

Column 11







Woodcock NON-RESIDENTS OF CANADA

table 31 Notes

table 31 Note a

In Game Bird Hunting Zone 4, not more than four may be Redheads or Canvasbacks or any combination of them.

Return to table 31 note a referrer

table 31 Note b

In Game Bird Hunting Zone 4, not more than 12 may be Redheads or Canvasbacks or any combination of them.

Return to table 31 note b referrer

table 31 Note c

In provincial Game Hunting Area 38, as described in the Hunting Areas and Zones Regulation, 220/86, of the Province of Manitoba, made under the Wildlife Act (C.C.S.M., c. W130), up to four additional Canada Geese, Cackling Geese, White-fronted Geese or Brant, or any combination of them, may be killed or taken daily during the period beginning on September 1 and ending on September 23.

Return to table 31 note c referrer

table 31 Note d

Except in Game Bird Hunting Zone 1, where the limit is eight.

Return to table 31 note d referrer

table 31 Note e

Except in Game Bird Hunting Zone 1, where the limit is 24.

Return to table 31 note e referrer

1

Daily Bag

8

8 table 31 note a

50

8 table 31 note c

5 table 31 note d

5

8

10

8

4

2

Possession

24

24 table 31 note b

no limit

24

15 table 31 note e

15

24

30

24

12

PART 8 — SASKATCHEWAN

TABLE 1

Open Season in Saskatchewan

Item

Column 1

Column 2

Open Season

District

Ducks, Geese, Coots, Snipe and Sandhill Cranes

Table 32 Notes

Table 32 Note a

Falconry season open September 1 to December 16.

Return to table 32 note a referrer

Table 32 Note b

Electronic Snow Goose and Ross’s Goose calls may be used when hunting Snow Geese and Ross’s Geese; any species of migratory birds for which it is open season may be killed or taken while hunting Snow Geese and Ross’s Geese with those calls.

Return to table 32 note b referrer

Table 32 Note c

The Last Mountain Lake National Wildlife Area is closed to all Sandhill Crane hunting.

Return to table 32 note c referrer

1

No. 1 (North) and No. 2 (South)

September 1 to December 16 table 32 note a, table 32 note b, table 32 note c

1 In this Part,

2 In this Part, the Provincial Wildlife Management Zones comprise the area defined by the Wildlife Management Zones and Special Area Boundaries Regulations under the Wildlife Act of Saskatchewan as amended from time to time.

3 In this Part, the open season for Canada Geese, Cackling Geese and White-fronted Geese in District No. 2 (South) and the portion of District No. 1 (North) consisting of Provincial Wildlife Management Zones 43, 47 to 59 and 67 to 69 from the opening date until October 14 includes only that part of each day from one half-hour before sunrise until noon, local time, and, after that period, from one half-hour before sunrise until one half-hour after sunset. The open season for Snow Geese and Ross’s Geese province-wide includes only that part of each day from one half-hour before sunrise until one half-hour after sunset.

TABLE 1.1

Measures in Saskatchewan Concerning Overabundant Species

Item

Column 1

Area

Column 2

Period during which Snow Geese and Ross’s Geese may be killed

Column 3

Additional hunting method or equipment

Table 33 Note

Table 33 Note a

”Electronic bird calls” refers to bird calls of a species referred to in the heading of column 2.

Return to table 33 note a referrer

1

District No. 1 (North) and
District No. 2 (South)

March 15 to June 15

Electronic bird calls table 33 note a

TABLE 2

Bag and Possession Limits in Saskatchewan

Item

Column 1

Limit

Column 2

Ducks

Column 3

Snow Geese and Ross’s Geese

Column 4

Canada Geese, Cackling Geese and White-fronted Geese

Column 5

Sandhill Cranes

Column 6

Coots

Column 7

Snipe

Table 34 Notes

Table 34 Note a

Not more than four may be Northern Pintails.

Return to table 34 note a referrer

Table 34 Note b

Not more than 12 may be Northern Pintails.

Return to table 34 note b referrer

Table 34 Note c

Not more than five may be White-fronted Geese.

Return to table 34 note c referrer

Table 34 Note d

Not more than 15 may be White-fronted Geese.

Return to table 34 note d referrer

1

Daily Bag

8 table 34 note a

20

8 table 34 note c

5

10

10

2

Possession

24 table 34 note b

no limit

24 table 34 note d

15

30

30

PART 9 — ALBERTA

TABLE 1

Open Seasons in Alberta
Item Column 1 Column 2
  Open Season
Area Ducks, Geese, Coots and Snipe

Table 35 Notes

Table 35 Note a

Electronic Snow Goose and Ross’s Goose calls may be used when hunting Snow Geese and Ross’s Geese; any species of migratory birds for which it is open season may be killed or taken while hunting Snow Geese and Ross’s Geese with those calls.

Return to table 35 note a referrer

Table 35 Note b

Falconry season open from September 1 to December 16.

Return to table 35 note b referrer

Table 35 Note c

Falconry season open from September 8 to December 21.

Return to table 35 note c referrer

1 Zone No. 1 September 1 to December 16 table 35 note a, table 35 note b
2 Zone No. 2 September 1 to December 16 table 35 note a , table 35 note b
3 Zone No. 3 September 1 to December 16 table 35 note a , table 35 note b
4 Zone No. 4 September 1 to December 16 table 35 note a, table 35 note b
5 Zone No. 5 September 8 to December 21 table 35 note a, table 35 note c
6 Zone No. 6 September 8 to December 21 table 35 note a, table 35 note c
7 Zone No. 7 September 8 to December 21 table 35 note a, table 35 note c
8 Zone No. 8 September 1 to December 16 table 35 note a, table 35 note b

1 In this Part,

2 In this Part, the Wildlife Management Units comprise the areas described in the Wildlife Regulation, Alta. Reg. 143/1997, of the Province of Alberta, made pursuant to the Wildlife Act, R.S.A. 2000, c. W-10.

TABLE 1.1

Measures in Alberta Concerning Overabundant Species

Item

Column 1

Area

Column 2

Period during which Snow Geese and
Ross’s Geese may be killed

Column 3

Additional hunting method or equipment

Table 36 Notes

Table 36 Note a

”Electronic bird calls” refers to bird calls of a species referred to in the heading of column 2.

Return to table 36 note a referrer

1

Throughout Alberta

March 15 to June 15

Electronic bird calls table 36 note a

TABLE 2

Bag and Possession Limits in Alberta

Item

Column 1

Limit

Column 2

Ducks

Column 3

Snow Geese and Ross’s Geese

Column 4

Canada Geese, Cackling Geese and White-fronted Geese

Column 5

Coots

Column 6

Snipe

Table 37 Notes

Table 37 Note a

Not more than four may be Northern Pintails. For a person whose primary or habitual place of residence is not in Canada., not more than two may be Barrow’s Goldeneye or Common Goldeneye or any combination of them.

Return to table 37 note a referrer

Table 37 Note b

Not more than 12 may be Northern Pintails. For a person whose primary or habitual place of residence is not in Canada., not more than six may be Barrow’s Goldeneye or Common Goldeneye or any combination of them.

Return to table 37 note b referrer

Table 37 Note c

Not more than five may be White-fronted Geese.

Return to table 37 note c referrer

Table 37 Note d

Not more than 15 may be White-fronted Geese.

Return to table 37 note d referrer

1

Daily Bag

8 table 37 note a

50

8 table 37 note c

8

8

2

Possession

24 table 37 note b

no limit

24 table 37 note d

24

24

PART 10 — BRITISH COLUMBIA

TABLE 1

Open Seasons in British Columbia

Item

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

 

Open Season

District

Ducks, Coots
and Snipe

Snow Geese and Ross’s Geese

Other Geese

Brant

Band-tailed Pigeons

Mourning Doves and Eurasian Collared-Doves

Table 38 Notes

Table 38 Note a

Provincial Management Units 1-1 to 1-15 inclusive for White-fronted Geese only and Provincial Management Units 1-3 and 1-8 to 1-15 inclusive for Canada Geese and Cackling Geese only.

Return to table 38 note a referrer

Table 38 Note b

Provincial Management Units 1-1, 1-2 and 1-4 to 1-7 inclusive.

Return to table 38 note b referrer

Table 38 Note c

See provincial regulations for local restrictions.

Return to table 38 note c referrer

Table 38 Note d

For Canada Geese and Cackling Geese only.

Return to table 38 note d referrer

Table 38 Note e

Provincial Management Units 2-2 to 2-19 inclusive.

Return to table 38 note e referrer

Table 38 Note f

For White-fronted Geese only.

Return to table 38 note f referrer

Table 38 Note g

Provincial Management Unit 2-4 only.

Return to table 38 note g referrer

Table 38 Note h

Provincial Management Units 3-13 to 3-17 inclusive.

Return to table 38 note h referrer

Table 38 Note i

Provincial Management Units 6-1, 6-2, 6-4 to 6-10 inclusive and 6-15 to 6-30 inclusive.

Return to table 1 note i referrer

Table 38 Note j

Provincial Management Units 6-3 and 6-11 to 6-14 inclusive.

Return to table 1 note j referrer

Table 38 Note k

Provincial Management Units 7-19 to 7-22 inclusive, 7-31 to 7-36 inclusive and 7-42 to 7-58 inclusive.

Return to table 1 note k referrer

Table 38 Note l

Provincial Management Units 7-2 to 7-18 inclusive, 7-23 to 7-30 inclusive and 7-37 to 7-41 inclusive.

Return to table 38 note l referrer

1

No. 1

For a period of 105 days beginning on the Saturday of Thanksgiving weekend

For a period of 105 days beginning on the Saturday of Thanksgiving weekend

For a period of 105 days beginning on the Saturday of Thanksgiving weekend table 38 note a

For a period of 9 days beginning on the first Saturday of September table 38 note b, table 38 note c, table 38 note d

For a period of 44 days beginning on the Saturday of Thanksgiving weekend table 38 note b, table 38 note c, table 38 note d

For a period of 23 days beginning on the third Saturday of December table 38 note b, table 38 note c, table 38 note d

For the period of 29 days ending on March 10 table 38 note b, table 38 note c, table 38 note d

No open
season

September 15 to September 30

No open season

2

No. 2

For a period of 105 days beginning on the Saturday of Thanksgiving weekend table 38 note ctable 38 note e

For a period of 86 days
beginning on the Saturday of Thanksgiving weekend table 38 note e

For the period of 19 days ending on March 10 table 38 note e

For a period of 105 days beginning on the Saturday
of Thanksgiving weekend table 38 note e, table 38 note f

For a period of 9 days beginning on the first Saturday of September table 38 note c, table 38 note dtable 38 note e

For a period of 44 days beginning on the Saturday of Thanksgiving weekend  table 38 note c, table 38 note dtable 38 note e

For a period of 23 days beginning on the third Saturday of December table 38 note c, table 38 note dtable 38 note e

For the period of 29 days ending on March 10 table 38 note c, table 38 note dtable 38 note e

March 1 to March 10 table 38 note c, table 38 note g

September 15 to September 30 table 38 note e

No open season

3

No. 3

September 10 to December 23

September 10 to December 23

September 10 to December 23 table 38 note f

September 10 to September 20 table 38 note d

October 1 to December 23 table 38 note d

March 1 to March 10 table 38 note d

No open
season

September 15 to September 30 table 38 note h

September 1 to September 30

4

No. 4

September 10 to December 23

September 10 to December 23

September 10 to December 23

No open
season

No open
season

September 1 to September 30

5

No. 5

September 15 to December 25

September 15 to December 25

September 15 to December 25

No open
season

No open
season

No open
season

6

No. 6

September 1 to November 30 table 38 note i

October 1 to January 13 table 38 note j

September 1 to November 30 table 38 note i

October 1 to January 13 table 38 note j

September 1 to November 30 table 38 note i

October 1 to January 13 table 38 note j

No open
season

No open
season

No open
season

7

No. 7

September 3 to November 30 table 38 note k

September 1 to November 30 table 38 note l

September 3 to November 30 table 38 note k

September 1 to November 30 table 38 note l

September 3 to November 30 table 38 note k

September 1 to November 30 table 38 note l

No open
season

No open
season

No open
season

8

No. 8

September 12 to December 25

September 12 to December 25

September 12 to December 25 table 38 note f

September 20 to November 28 table 38 note d

December 20 to January 5 table 38 note d

For the period of 18 days ending on March 10 table 38 note d

No open
season

No open
season

September 1 to September 30

1 In this Part,

2 In this Part, the Provincial Management Units comprise the areas described in the Management Unit Regulation, B.C. Reg. 64/96, of the Province of British Columbia, made pursuant to the Wildlife Act, R.S.B.C. 1996, c. 488.

TABLE 2

Bag and Possession Limits in British Columbia

Item

Column 1

Limit

Column 2

Ducks

Column 3

White Geese (Snow and Ross’s
Geese)

Column 4

Dark Geese (Canada, Cackling and White-fronted Geese)

Column 5

Brant

Column 6

Coots

Column 7

Snipe

Column 8

Band-tailed Pigeons

Column 9

Mourning Doves and Eurasian Collared-Doves

table 39 Notes

table 39 Note a

Not more than four may be Northern Pintails.

Return to table 39 note a referrer

table 39 Note b

Not more than four may be Canvasbacks.

Return to table 39 note b referrer

table 39 Note c

Not more than two may be Goldeneyes.

Return to table 39 note c referrer

table 39 Note d

Not more than two may be Harlequin Ducks.

Return to table 39 note d referrer

table 39 Note e

Not more than 12 may be Northern Pintails.

Return to table 39 note e referrer

table 39 Note f

Not more than 12 may be Canvasbacks.

Return to table 39 note f referrer

table 39 Note g

Not more than six may be Goldeneyes.

Return to table 39 note g referrer

table 39 Note h

Not more than six may be Harlequin Ducks.

Return to table 39 note h referrer

table 39 Note i

In Provincial Management Units 2-4 and 2-5, up to 15 White Geese including not more than five Ross’s Geese may be killed or taken daily and in Provincial Management Units 2-2 and 2-3 and 2-6 to 2-19 inclusively, up to 10 White Geese including not more than five Ross’s Geese may be killed or taken daily.

Return to table 39 note i referrer

table 39 Note j

In Provincial Management Units 2-4 and 2-5, up to 45 White Geese including not more than 15 Ross’s Geese may be possessed and in Provincial Management Units 2-2 and 2-3 and 2-6 to 2-19 inclusively, up to 30 White Geese including not more than 15 Ross’s Geese may be possessed.

Return to table 39 note j referrer

table 39 Note k

For White-fronted Geese only.

Return to table 39 note k referrer

table 39 Note l

Any combination of Canada Geese and Cackling Geese.

Return to table 39 note l referrer

table 39 Note m

Provincial Management Unit 2-4.

Return to table 39 note m referrer

Table 39 Note n

Any combination of Mourning Doves and Eurasian Collared-Doves.

Return to table 39 note n referrer

1

Daily Bag

8 table 39 note atable 39 note btable 39 note ctable 39 note d

5 table 39 note i

5 table 39 note k, 10 table 39 note l

3 table 39 note m

10

10

5

5 table 39 note n

2

Possession

24 table 39 note etable 39 note ftable 39 note gtable 39 note h

15 table 39 note j

15 table 39 note k, 30 table 39 note l

9 table 39 note m

30

30

15

15 table 39 note n

PART 11 — NORTHWEST TERRITORIES

TABLE 1

Open Season in the Northwest Territories

Item

Column 1

Area

Column 2

Ducks, Geese, Coots and Snipe

Table 40 Note

Table 40 Note a

Electronic Snow Goose and Ross’s Goose calls may be used when hunting Snow Geese and Ross’s Geese; any species of migratory birds for which it is open season may be killed or taken while hunting Snow Geese and Ross’s Geese with those calls.

Return to table 40 note a referrer

1

Throughout the Northwest Territories

September 1 to December 10 table 40 note a

1 In this Part, resident of Canada means a person whose primary or habitual place of residence is in Canada.

TABLE 1.1

Measures in the Northwest Territories Concerning Overabundant Species

Item

Column 1


Area

Column 2

Period during which Snow Geese and Ross’s Geese may be killed

Column 3


Additional hunting method or equipment

Table 41 Note

Table 41 Note a

”Electronic bird calls” refers to bird calls of a species referred to in the heading of column 2.

Return to table 41 note a referrer

1

Banks Island, Victoria Island and Queen Elizabeth Islands

May 1 to June 30

Electronic bird calls table 41 note a

2

Throughout the Northwest Territories except Banks Island, Victoria Island and Queen Elizabeth Islands

May 1 to May 28

Electronic bird calls table 41 note a

TABLE 2

Bag and Possession Limits in the Northwest Territories

Item

Column 1

Limit

Column 2

Ducks RESIDENTS OF CANADA

Column 3

Ducks
NON-RESIDENTS OF CANADA

Column 4

Canada Geese, Cackling Geese, White-fronted Geese and Brant RESIDENTS OF CANADA

Column 5

Canada Geese, Cackling Geese, White-fronted Geese and Brant
NON-RESIDENTS OF CANADA

Column 6

Snow Geese and Ross’s Geese

Column 7

Coots

Column 8

Snipe RESIDENTS OF CANADA

Column 9

Snipe
NON-RESIDENTS OF CANADA

Table 42 Notes

Table 42 Note a

Except that non-residents may not take more than two White-fronted Geese daily and may not possess more than four.

Return to table 42 note a referrer

1

Daily Bag

25

8

15

5 table 42 note a

50

25

10

10

2

Possession

No limit

16

No limit

10 table 42 note a

No limit

No limit

no limit

20

PART 12 — YUKON

TABLE 1

Open Seasons in Yukon

Item

Column 1

Area

Column 2

Ducks

Column 3

Canada Geese, Cackling Geese, White-fronted Geese and Brant

Column 4

Snow Geese and Ross’s Geese

Column 5

Sandhill Cranes

Column 6

Rails and Coots

Column 7

Snipe

Table 43 Notes

Table 43 Note a

Electronic Snow Goose and Ross’s Goose calls may be used when hunting Snow Geese and Ross’s Geese; any species of migratory bird for which it is open season may be killed or taken while hunting Snow Geese and Ross’s Geese with those calls.

Return to table 43 note a referrer

1

Northern Yukon

August 15 to October 31 for residents of Yukon

September 1 to October 31 for non-residents of Yukon

August 15 to October 31 for residents of Yukon

September 1 to October 31 for non-residents of Yukon

August 15 to October 31 for residents of Yukon table 43 note a

September 1 to October 31 for non-residents of Yukon table 43 note a

No open season

August 15 to October 31 for residents of Yukon

September 1 to October 31 for non-residents of Yukon

August 15 to October 31 for residents of Yukon

September 1 to October 31 for non-residents of Yukon

2

Central Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon table 43 note a

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon

August 15 to October 31 for residents of Yukon

   

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon table 43 note a

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

September 1 to October 31 for non-residents of Yukon

3

Southern Yukon

September 1 to October 31

September 1 to October 31

September 1 to October 31 table 43 note a

September 1 to October 31

No open season

September 1 to October 31

1 In this Part,

TABLE 1.1

Measures in Yukon Concerning Overabundant Species

Item

Column 1

Area

Column 2

Period During Which Snow Geese and Ross’s Geese May Be Killed

Column 3

Additional Hunting Method or Equipment

Table 44 Notes

Table 44 Note a

”Electronic bird calls” refers to bird calls of a species referred to in the heading of column 2.

Return to table 44 note a referrer

1

Northern Yukon

May 1 to May 28

Electronic bird calls table 44 note a

2

Central Yukon

May 1 to May 28

Electronic bird calls table 44 note a

3

Southern Yukon

May 1 to May 28

Electronic bird calls table 44 note a

TABLE 2

Bag and Possession Limits in Yukon

Item

Column 1

Limit

Column 2

Ducks

Column 3

Canada Geese, Cackling Geese, White-fronted Geese and Brant

Column 4

Snow Geese and Ross’s Geese

Column 5

Sandhill Cranes

Column 6

Rails and Coots

Column 7

Snipe

Table 45 Notes

Table 45 Note a

Except that in Northern Yukon 17 additional ducks may be killed or taken per day, with no possession limit.

Return to table 45 note a referrer

Table 45 Note b

Except that in Northern Yukon 10 additional geese may be killed or taken per day, with no possession limit.

Return to table 45 note b referrer

Table 45 Note c

Except that in Central Yukon and Northern Yukon 25 rails and coots may be killed or taken per day, with no possession limit.

Return to table 45 note c referrer

Table 45 Note d

Except that in Northern Yukon there is no possession limit.

Return to table 45 note d referrer

1

Daily Bag

8 table 45 note a

5 table 45 note b

50

2

0 table 45 note c

10

2

Possession

24 table 45 note a

15 table 45 note b

No limit

4

0 table 45 note c

30 table 45 note d

PART 13 — NUNAVUT

TABLE 1

Open Season in Nunavut

Item

Column 1

Area

Column 2

Ducks, Geese, Coots and Snipe

Table 46 Note

Table 46 Note a

Electronic Snow Goose and Ross’s Goose calls may be used when hunting Snow Geese and Ross’s Geese; any species of migratory birds for which it is open season may be killed or taken while hunting Snow Geese and Ross’s Geese with those calls.

Return to table 46 note a referrer

1

Throughout Nunavut

September 1 to
December 10 table 46 note a

1 In this Part, resident of Canada means a person whose primary or habitual place of residence is in Canada.

TABLE 1.1

Measures in Nunavut Concerning Overabundant Species

Item

Column 1

Area

Column 2

Period during which Snow Geese and Ross’s Geese may be killed

Column 3

Additional hunting method or equipment

Table 47 Note

Table 47 Note a

”Electronic bird calls” refers to bird calls of a species referred to in the heading of column 2.

Return to table 47 note a referrer

1

Throughout Nunavut

May 1 to June 30

Electronic bird calls table 47 note a

   

August 15 to August 31

Electronic bird calls table 47 note a

TABLE 2

Bag and Possession Limits in Nunavut

Item

Column 1

Limit

Column 2

Ducks RESIDENTS
OF
CANADA

Column 3

Ducks
NON-RESIDENTS
OF
CANADA

Column 4

Canada Geese, Cackling Geese, White-fronted Geese and
Brant RESIDENTS
OF CANADA

Column 5

Canada Geese, Cackling Geese,
White-fronted Geese and Brant NON-RESIDENTS
OF CANADA

Column 6

Snow Geese and Ross’s Geese

Column 7

Coots

Column 8

Snipe RESIDENTS OF
CANADA

Column 9

Snipe
NON-RESIDENTS OF
CANADA

Table 48 Notes

Table 48 Note a

Except in that portion of the islands and waters of James Bay that are south of 55°N latitude, where the limit is six, of which

(i) not more than two may be American Black Ducks and one may be Barrow’s Goldeneye, in the area west of 80°15′W longitude; and

(ii) not more than four may be American Black Ducks, one may be Barrow’s Goldeneye and one may be Blue-winged Teal, in the area east of 80°15′W longitude.

Return to table 48 note a referrer

Table 48 Note b

Except in that portion of the islands and waters of James Bay that are south of 55°N latitude, where the limit is 18, of which

(i) not more than six may be American Black Ducks and one may be Barrow’s Goldeneye, in the area west of 80°15′W longitude; and

(ii) not more than one may be Barrow’s Goldeneye and two may be Blue-winged Teal, in the area east of 80°15′W longitude.

Return to table 48 note b referrer

Table 48 Note c

In that portion of the islands and waters of James Bay that are west of 80°15′W longitude and south of 55°N latitude, not more than five may be Canada Geese or Cackling Geese or any combination of them.

Return to table 48 note c referrer

Table 48 Note d

Except in that portion of the islands and waters of James Bay that are east of 80°15′W longitude and south of 55°N latitude, where the limit is 20.

Return to table 48 note d referrer

Table 48 Note e

Not more than two may be White-fronted Geese.

Return to table 48 note e referrer

Table 48 Note f

Not more than four may be White-fronted Geese. In that portion of the islands and waters of James Bay that are west of 80°485′W longitude and south of 55°N latitude, there is no limit on Canada Geese and Cackling Geese.

Return to table 48 note f referrer

Table 48 Note g

Except in that portion of the islands and waters of James Bay that are south of 55°N latitude, where the limit is 20.

Return to table 48 note g referrer

1

Daily Bag

25 table 48 note a

8 table 48 note a

15 table 48 note c

5 table 48 note e

50 table 48 note g

25

10

10

2

Possession

no limit table 48 note b

16 table 48 note b

no limit table 48 note d

10 table 48 note d, table 48 note f

no limit

no limit

no limit

20