Welcome to the Ask the CO FAQ

Please note that the comments posted here are an opinion based on the CO's interpretation of the question posed. Under varying circumstances outcomes may be different, and the contents of this page should not be seen as definitive.

GAME

Question 187:

I understand that in 2005, we can hunt wild turkey from half an hour before sunrise until half an hour after sunset and that a taken bird must be presented at a registration station by noon the following day. If I take a bird at, say, 5:00 p.m. on a Saturday and the accessible registration stations close at 5:00 p.m. and don't reopen until Monday morning, can I take my bird in on Monday morning or must I avoid hunting late on a Saturday?

Asked April 17, 2005

Answer from the MNR

The first thing we need to clarify is that the new “extended-day” for wild turkey hunting is from ½ hour before sunrise until 7:00PM and NOT until ½ hour after sunset. This new change is noted in the 2005 Hunting Regulations Summary (pages 4 and 28)

You are correct that a bird must be registered by noon following the day of kill. The bird may be registered at any one of over one hundred designated check stations. More than 70% of these check stations are open on Sunday, so this should ensure that you can get your bird registered. Note: all check stations may not be open 7 days a week (or may be closed on statutory holidays), so you need to ensure that you have access to a check station that will be open before you head out hunting or harvest your bird.

You can find a list of all the wild turkey check stations at: http://www.mnr.gov.on.ca/mnr/fwmenu.html Scroll down this page to find the “hunting “area and click the link to the check station list. Facility hours, location, and directions are posted as well.

Have a great hunt!

Question 186:

If I shoot a deer 5 or 10 minutes before the legal half hour after sunset. I usually wait a half hour to allow the animal to lye down and die (to cut down any chance of pushing the deer). It is my understanding that by the definition of hunting, I would not be allowed to pursue, follow after, search for etc. that evening because one can not hunt between a half hour after sunset and a half hour before sunrise. My question is what happens if this was Saturday afternoon the last day of the season. Now I have a problem. I can not track the deer that afternoon or on Sunday. Would you comment on this situation please?

Asked March 22, 2005

Answer from the MNR

You are correct in your interpretation. If you wound an animal and cannot locate and dispatch that animal during the legal hunting hours, you cannot continue to hunt the animal after the legal hunting hours (normally ½ hour after sunset to ½ hour before sunrise).

In the scenario which you have suggested, it would be an offence to continue to hunt beyond the close of the season.

However, if you had made a clean killing shot and were merely recovering an animal that you had killed during the legal hunting hours, you would be permitted to do so - as long as you ensured that your firearms were encased as required by law. I would even suggest that you might want to return your firearms to your house, camp or vehicle before you undertake your search, so that there is no misunderstanding as to what you are doing, should you be checked by an officer.

If the animal was wounded and not killed, then chances are that it would eventually die and be eaten by scavengers. You could not continue to hunt and kill this animal unless you had contacted an officer who authorized you to do so.

Clearly, then, you should be very aware of the consequences of making a poor shot at an animal at the end of a day or season. Chances are that animal’s life will be wasted and that is not what good hunting ethics are all about.

Question 185:

I was just wondering if you could tell me what the rights of a native hunter are. I kept hearing different things and I just want to know for sure.

Asked January 4, 2005

Answer from the MNR

This is an extremely complex area of the law and there are literally libraries full of case law and other materials pertinent to the issues of native rights. It is extremely difficult to capture or describe exactly what a native persons rights may or may not be in this forum because the answers are very dependent upon the facts of each case. Are we talking about a treaty right or an aboriginal right? Is a treaty area or a traditional harvest area involved? Is the person First Nation or Metis? Is the harvesting for traditional, ceremonial, subsistence or commercial purposes? Does the applicable treaty exempt them or even speak to the use of the resources? Are there safety or conservation issues which may override the aboriginal rights? And on and on...

Both treaty and aboriginal rights are guaranteed under the Constitution Act of Canada, 1982, and have been reaffirmed by the Supreme Court of Canada in many cases. Generally, a First Nation person may exercise their rights in their treaty or traditional area if they are harvesting for personal or ceremonial uses. Generally they are not restricted by seasons, limits, or licencing restrictions. These rights generally may not be “shared” with a non-native – a non-native person will not have any right to hunt outside the normal regulations because they are hunting with an aboriginal person. Aboriginal rights generally do not apply on private property. Of course, all of these are generalizations and as suggested, may vary depending upon the answers to the questions above on a case by case basis.

In order for you to know “for sure” what native rights are in your area and under what conditions, you should seek the counsel of a lawyer who is specialized in aboriginal law for the area in question.

Question 184:

I have heard that with the 21 day limit on crown land camping, the limit applie to the year and not the campsite. For example if I camp at Lake X for 21 days, I cannot move my setup to Lake Y for another 21 days, I must not camp on crown land again that year. Is this true?

Asked July 10, 2004

Answer from the MNR

You are correct. You can only camp on Crown land for a maximum of 21 days in one calendar year regardles of where you camp. This only applies to Canadian residents north of the French and Mattawa Rivers.

Question 183:

Wild deer rescued by me: She is a 3 year old female, I found her on my land and she was in need of help. So naturally I took care of her. Of course the game warden was aware of this. The deer is free in the wild but she comes and goes as she pleases. I had a few words exchange with the wardens (2 wardens and one of their helpers). They are keeping a very close eye on me while I am with my deer. Am I breaking any laws here? I am asking because a friend of mine recieved a fine and has to appear in court for doing the same thing I am doing. His deer went in his barn but wasn't held captive, he was free to go as he wished (like mine) and somebody reported him. The day after the game wardens went back and tranquilized the deer to relocate it. As you can imagine the family was heartbroken. When the animal may come and go as it pleases ,what is so wrong with this? I got wind that the game wardens will be paying me a visit also so I need to know, what could I be looking at? I live in the eastern townships of Quebec, I am not aware of the laws here. Given my situation what could they do?

Asked November 15, 2003

Answer from the MNR

Since we are the Ontario MNR and you live in Quebec I would contact your provincial agency responsible for wildlife management and enforcement.

Question 182:

Hamilton Wentworth: What is the law about using a shotgun in the are around waterdown? Are you allowed to shoot south of the 5 th con. east the area I was wondering about is north of the 4th con and south of the 5th.

Asked November 15, 2003

Answer from the MNR

The MNR does not have any specific hunting regulations of this type for that area. I would be concerned about discharging a firearm within the town limits. I would suggest you contact the municipal office of local police agency.

Question 181:

May I shoot an exotic deer that is on my property (must have got loose from a local game farm)? If so, may I use a rifle (even in a shotgun only zone), and "out of season" for whitetails?

Asked November 15, 2003

Answer from the MNR

The Criminal Code of Canada states that a person who keeps a wild animal in captivity shall be deemed to have a special property interest in it while it is in captivity and after it has escaped from captivity. If you take something from another person who has a special property interest, you are committing theft. Treat this animal as if you would a neighbour’s horse or cattle. Do not shoot any escaped wildlife unless you have been given clear permission by the owner. I would strongly suggest you contact your nearest Ministry of Natural Resources office for specific clarification.

Question 180:

I ran into a CO today in the bush. I was with my brother and we each had a .410 shotgun and appropriate licences. However, we had a rifle which was registered to me and my brother had the only valid moose licence in the bush. I have a moose licence, but did not have my sticker on my card. I am being fined for failing to produce a licence. As there was only one rifle.... is this not OK? I figured as long as we had one licence with one rifle in the vehicle, this would be satisfactory. We were out bird hunting, our .410's were out why would we have to each have our tags? Could you explain to me furthur why I am being charged, I don't understand.

Asked November 15, 2003

Answer from the MNR

This site is not to second guess the decisions made by CO’s in the field. I would suggest contacting the officer who laid the charge or the Justice of the Peace for clarification.

Question 179:

I am looking for public areas, in Ontario, where hunting is allowed. I have contacted MNR in Aurora, however had a difficult time locating any such area. They won't provide answers unless specifiaclly asked for certain area i.e. Holland Marsh e.t.c. Most of the information I could gether is by word. Could you possible provide me assistance and let me know of any public hunting (Crown Land, WMU...) areas within 300 km radius from Toronto. Since your organization is enforcing hunting regulation in Ontario, I am hopping such information is at your disposal.

Asked November 15, 2003

Answer from the MNR

I will unfortunately give you the same response. This is difficult for me to address without knowing exactly where you want to hunt. I would suggest contacting the Ministry of Natural Resources Offices in Aurora (905-713-7400), Guelph (519-826-4955) or Midhurst (705-725-7500).

Further away there is a greater amount of Crown land in the Bancroft and Parry Sound districts. While Crown land hunting opportunities is limited in southern Ontario compared northern Ontario, there are literally hundreds of thousands of hectares of public land within 300 km of the GTA.

Question 178:

Ignace Region, Hwy 599: Does the law for discharging a firearm from a roadside differ in Northern Ontario? A CO informed me that, I could shoot parallel to the road: Is this correct?

Asked November 15, 2003

Answer from the MNR

Yes, you have been informed correctly. In northern Ontario (including the Ignace area) you can shoot parallel to a road. You must be off the travelled portion of the road and cannot shoot down or across the road. Safety is the reason behind these regulations. Keep in mind if you were to shoot parallel to the road with a curve ahead, there is the potential for you to shoot at vehicles or pedestrians. In these circumstances, if you were lucky (i.e., you did not hit a person or vehicle) your bullet would cross the road and you would be committing an offence.

Question 177:

I want to become a Conservation officer and I live in Toronto. What courses/schools in toronto give you the skills I would need to become a CO? also what is the employment rate for CO's in Ontario. also can you giv me some telephone numbers and websites that might be able to help me. I know about sir fleming college but are their any other places?

Asked November 15, 2003

Answer from the MNR

See question #70 under Fish.

Question 176:

My question is in regards to the SCC decision to grant Metis' traditional hunting rights. I know in Sault Ste Marie ON alone, there are currently 900 potential Metis hunters. I know that this years draw results, tags and limits are not affected, however my question is what is the MNR's plan to help protect the our natural resources. I feel that in todays society only a limited number of people acctually depend on natural resources for food. Hunting/Fishing equipment has now gotten to a level where the success rates are much higher then in the past. Is it fair to gamble our natural resources on decisions made by the SCC?

Asked November 15, 2003

Answer from the MNR

The SCC makes decisions on merits of individual court cases by examining the facts. The results of some of these decisions do indirectly affect the way the government must manage natural resources.

Check #73 in the Fish summary

Question 175:

My question is what the population of deer on the island. I was told that a survey was done and there are 21000 deer's on the island, and that the island can only hold 14000. Is that true, if so why dont they give out supplement tag's to the property owners. That way there are less chances that deer will get diseases.

Asked November 15, 2003

Answer from the MNR

Sorry, but you are asking the wrong person. The "Ask the Conservation Officer" site can deal only with questions about natural resources law, interpretation of legislation, and the MNR enforcement program. I can suggest that you may want to forward your question to Espanola area office of the MNR assuming you are referring to Manitoulin Island You may also want to send your question to the Ask the Biologist site.

Question 174:

Do i need my registration certificate to carry my gun in the 2003 hunting season? also I have registered but lost my paper work, where can i get a duplicate?

Asked August 20, 2003

Answer from the MNR

This is not the MNR’s mandate. I would suggest you contact the Canadian Firearms Centre at http://www.cfc-ccaf.gc.ca/. or by calling toll free at 1-800-731-4000. See also Game question #3

Question 173:

Looking for Thames River hunting regulations. Have landowner permission need municipal or provincial restrictions. In particular Thames Rive east of Hwy 73, Dorchester!

Asked November 15, 2003

Answer from the MNR

Your question is much too broad. You can find all you need to know about the hunting regulations in the Hunting Regulations Summary (Fall 2003-Spring 2004) wherever hunting licences are sold. You can also access them online at http://www.mnr.gov.on.ca/MNR/pubs/hunting/huntRegs/2003/hr2003.pdf.

Question 172:

If out hunting grouse can I carry slugs for bear?

Asked November 15, 2003

Answer from the MNR

Yes you can as long as you have a bear licence and there is an open season for bear. Remember, that during the open season for bear, if you are bear hunting and not in a tree stand you must wear hunter orange.

Question 171:

Hi. Just to clarify - I have taken the stance with a couple of other hunters that party hunting for waterfowl is not permitted. Each person in the party is permitted to shoot their daily limit but not fill out someone else's in the group once they've finished their own. Am I right on this?

Asked August 20, 2003

Answer from the MNR

I hope you put money on it because you are correct! Check out question 110 under FAQ/Game

Question 170:

Would a trigger lock be an acceptable lock on a lever action rifle?

Asked August 20, 2003

Answer from the MNR

Sorry, but you are asking the wrong person. The "Ask the Conservation Officer" site can deal only with questions about natural resources law, interpretation of legislation, and the MNR enforcement program. The firearms laws are not the mandate of the MNR. I can suggest that you may want to forward your question to The Canadian Firearms Centre at http://www.cfc.gc.ca/.

Question 169:

How does one become an outfitter in the province of Ontario and how then does he/she qualify for adult moose tags for their clients? My search so far has run into all kinds of dead ends and bogus leads! What I am trying to do is supply out of province business associates with a chance to hunt with me this fall. I look forward to your reply...

Asked August 20, 2003

Answer from the MNR

I’m a little confused here. I understand your main interest it to provide hunting opportunities for your out of province associates and becoming a bona fide tourist outfitter secondary. If they want to hunt moose the rules a more stringent. They would have to register with a tourist outfitter who will provide them with accommodation and adult validation tags as part of their hunting package. Check with the tourist outfitters in the area you wish to hunt.

Becoming a new tourist outfitter can be difficult especially if you want to get moose tags. Most people in this situation will purchase an established business that already has tags. The Big Game Management Advisory Committee and the Ontario Moose/Bear Allocation Advisory Committee are involved with the management of big game and the issuing of moose tags to tourist outfitters. It is based on a points system. I would suggest you contact a biologist at your local MNR office to further discuss this. I would also contact the Northern Ontario Tourist Outfitters. They are a wealth of knowledge in this area.

Question 168:

Here in Northern Ontario, some of the forestry industries use herbicide aerial spraying to control competing vegetation. Does this spraying effect the feed for the moose in the area? I have noticed for a few years now that once spraying takes place,the moose definately do not hang around some of the areas they used to.

Asked April 23, 2003

Answer from the MNR

1. It is legal to target shoot on Crown land without a hunting licence. Of course the officer will have to believe that you are not hunting. I would suggest you plink as close to home as possible.

2. Section 109 of the Fish and Wildlife Conservation Act, 1997 states that: In a prosecution under this Act in respect of hunting or trapping, (a) proof that a person possessed, in an area usually inhabited by wildlife, a firearm, trap, decoy or other hunting or trapping device, a ferret or a specially protected raptor or other bird of prey, is proof, in the absence of evidence to the contrary, that the person was hunting or trapping, as the case may be….

In other words, the onus is upon you to prove that you were NOT hunting. The CO or PO would ask why you have firearms and it will be officer discretion. You likely would get asked for a hunting licence and why you have firearms. Refer to '2' above.

3. Check the 2003 Hunting Regulations Summary. They are available at no charge at most tackle shops and some Canadian Tire stores or check online at http://www.mnr.gov.on.ca/MNR/pubs/pubmenu.html

If you still feel unsure about going target practising you might want to call you closest MNR office and advise a CO where and when you'll be out plinking.

Question 162:

I have been reading about DCOs lately and have even contacted my local conservation officer and posed a few questions. I did however forget to ask him one. If a person gets sponsored to become a DCO and completes the course, do they still require the 2 year college diploma to become a CO? I have a 2 year diploma, but it is not from the listed schools on the OCOA site

Asked April 23, 2003

Answer from the MNR

The Ministry did away with credentialism for CO's a number of years ago. You do not have to have post secondary to bid on CO positions. Having said that I don't know of any full time CO's that don't have at least two years of college. Many have 3 years of college or more and some have university degrees. Your best course of action is to try and find work with the MNR to gain experience.

Question 161:

I appreciate the information you publish on this site. Thanks for sharing your expertise. However, I think that you have not been too helpful in answering questions #146, 144 and 77. The fact is that some of us hunt by canoe or on foot, and cannot move a deer, moose or bear carcass out of the bush. We must de-bone all the meat and pack it out, leaving the carcass behind. How can this be done within the law?

Asked April 23, 2003

Answer from the MNR

The law hasn't changed and we are still bound to enforce the regulations as described in questions 77, 144 and 146. The intent of the legislation is to help ensure that the animal that you may be transporting when you are checked by an officer is one to which you may be entitled to take.

The hunting regulation made pursuant to the Fish and Wildlife Conservation Act, 1997 states that

17. (1) The holder of a licence who has killed a moose, deer, bear or wild turkey shall, (a) immediately after the kill and at the site of the kill attach the seal provided with the licence or licence tag to the game wildlife in the manner indicated on the seal; and
(b) keep the seal attached to the game wildlife while being transported and, in the case of wild turkey, keep the seal attached to the wild turkey until it is prepared for consumption. O. Reg. 665/98, s. 17 (1).

If you look at the various seals, they will tell you when and where the seal must be attached. i.e, on the antler or ear in the case of a deer, though the nose in the case if a bear, through the jaw of a calf moose and through the tendon of the leg with the sex organs attached in the case of an adult moose.

In all cases, the seal must remain attached while the animal is being transported. This does not preclude you from de-boning your animal, but you would still have to bring out the appropriate piece of the animal where the tag is affixed. Generally, to save yourself from any issues when being checked by an officer, I would suggest that this would mean the

• head of a bear or deer,
• the intact jaw of a calf moose
• in the case of an adult moose, the portion of the leg with the tendon along with connective tissue and/or hide which connects to and including the scrotal sac or vulva, as the case may be.

If you were to get checked while packing out your meat you have to prove it's a bull, cow, or antlered or antlerless deer depending on what type of licence/tags you have. Officers do have discretion but common sense always prevails. The intent of this law is to prevent hunters from shooting a cow for example and tagging it as a bull or calf. Without the head or sex parts it is impossible for an officer to discern in the field.

Question 160:

Is it illegal to spot light for deer or moose at night if you don't have a weapon in your possession?

Asked February 9, 2003

Answer from the MNR

Generally, it is legal to spot deer or moose at night as long as you don't have any firearms in your possession. However, "hunting" in the Fish and Wildlife Conservation Act includes "searching for,…," or if the animal is "injured,…,or harrassed" as a result of your actions. Therefore you could be charged with night hunting if it is deemed that you harassed or injured the animal in question by virtue of your activity.

Question 159:

I wish to pursue a career as a Conservation Officer but am concerned about the prospect of finding a job. I am almost finished a University degree in Criminology but I am going to take the natural resource technician program. I love hunting, trapping, and fishing and know i can't work in a job that keeps me at a desk every single day. My father spent his entire career with the MNR and it is clearly what i want to do to have an enjoyable job, and help protect our resources from the minority that choose to abuse them. I know i will do extremely well in the program, but what i am wondering is if top marks, a sincere desire for the job, and a dedicated attitude will give me a reasonable shot at employment. Any enlightenment you could provide would be much appreciated.

Asked February 9, 2003

Answer from the MNR

Yes, your attributes will give you a reasonable shot at employment as a CO. Most of the CO's in Ontario went to Sir Sanford Fleming, Sault College, or Algonquin College. Some took the two year technician course and some went on to take the 3rd year law course at SSFC. Some have university degrees in biology, geography, environmental science and I know of one officer with a criminology degree. Once you are finished your education it will be imperative to gain contract work with the MNR as soon as possible. We have offices spread all over the province so you need to try and keep an open mind about leaving home to seek work. Most officers seem to start in smaller towns, often up north. I would encourage you to speak with a local CO to discuss job opportunities. I would also advise you to visit http://www.ocoa.ca to assist you with some decisions. Good luck, I can assure you it's a rewarding field to get into and jobs are showing up on the job board regularly.

Question 158:

While deer hunting in our shotgun only area, can we carry bird shot in our pocket so that we can shoot a grouse if we see one. This has caused great debate over the years and I have tried to locate an answer. Thanks for your time in answering.

Asked February 9, 2003

Answer from the MNR

Yes you can, presuming there is an open season and you are properly licenced for small game.

Question 157:

I have a question regarding the answer to question 14. I may bit a little slow to understand but it seemed like there is some discrepancy in the laws...or better said, in my understanding of them. The question was asked early and confirmed that you may in fact carry two fireams with you at one time. You are out with a youth hunter with his proper apprenticeship licensing. I thought the law said that there is to be one gun shared between the two. Does this mean that while you are supervising the youth that you are not allowed to carry a second firearm?

Asked February 9, 2003

Answer from the MNR

You are correct. If you are out hunting alone you can carry all the firearms you like as long as you are licenced for and there is an open season for your calibre/guage of firearm. There are exceptions to this rule when hunting migratory birds. When accompanying an apprentiship hunter you can only share one firearm between the two of you. This applies until he/she turns 15 and purchases his/her own Outdoors Card and hunting licence.

Question 156:

I live very near a court house, and often see Conservation Officers attending court dates. I have also seen Canadian Wildlife Service and Fisheries Officers around too. I was wondering why there are federal officers enforcing fish and game laws in Ontario when Conservation Officers enforce both federal and provincial legislation regarding fish and wildlife as a matter of their normal duties. Are there particular jurisdictions they have in the province that CO's do not?

Asked February 9, 2003

Answer from the MNR

Yes you are correct. Some resource laws are federal and some are provincial legislation. This stems from the divison of federal and provincial powers under the Constitution Act. Ontario Conservation Officers do have authority under a few federal statutes, but are not appointed as officers under others. Canadian Wildlife Service (CWS) Game Officers are federally appointed officers and mainly enforce such legislation as the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRITA). This act assists officers investigating the illegal importing and exporting of wild animals. CWS officers also enforce the Migratory Birds Convention legislation,the Canada Wildlife Act and the new federal Species at Risk Act to name a few. Ontario Conservation Officers do actively enforce the Migratory Birds Convention Act and regulations but are not appointed as officers under WAPPRITTA for example.

The Department of Fisheries and Oceans (DFO) officers spend the bulk of their time enforcing the habitat provisions under Fisheries Act which is federal legislation. MNR Conservation Officers work more with the fishing provisions of the Fisheries Act and Ontario Fishery Regulations. This is all done under a Memorandum of Understanding regarding compliance issues between the federal and provincial governments.

Question 155:

I purchased 100 acres of land in Niagara a couple of years ago, 50 acres of the land is hardwood bush. I have spent considerable time and money enhancing these lands for wildlife. I have been working with a biologist and the Niagara Region Conservation Authority following there suggestions to improve the site. The problem I am having is hunters trespassing and shooting the game, even though I have posted the property with "No Hunting or Trespassing" signs about every 50 feet. I know this was an area that has been hunted for some time as I see empty shotgun shells all over the bush. I talked with the person I purchased the property from, who owned it for over 25 years and he said he never gave anyone permission to hunt it. I have approached these people in a very civil manner, because they could be my neighbours, but in every case they did not live in the area. When I ask them to leave, I get verbal abuse, they say they have hunted here for years and have permission ! from the owner. When I ask them who the owner is they just try to walk away, I then inform them that I am the owner and to please leave. Some do, but most say they are just going to pass through and won't come back, but they always do. I want to know what I can do about this, I have called the Police, but by the time they respond, if at all, these people are gone. This goes on at least twice a week during the fall, I have called the Ministry Office in Vineland and they tell me to call the Police. Even when I have obtained licence plate numbers I don't think anything is done, once I give it to the Police I never hear anything back, and then I will see the same hunters a few weeks later. I don't have anything against hunters, I have hunted for 50 years and at times I hunt my own property, but I am sick and tired of people trespassing. If it hadn't been for all this trespassing, if someone acually came and asked permission to hunt I wouldn't have minded, I beleive land should be ! shared, but not any more! Is it possible for me to lay charges against these people, what can I do?

Asked November 28, 2002

Answer from the MNR

We will respond to fishing and hunting related trespass complaints if we have the ability to respond. We do encourage complainants to also call local police services as they are usually better resourced and capable of responding quicker than we are. The more information you collect the better it will be for officers in fully investigate the matter. We encourage landowners to engage the trespasser and ask them to leave. Often they do not want charges laid.

The occupier of the premises is entitled to exercise the powers given by the Trespass to Property Act as do police officers.

A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises.

Where the person who makes an arrest is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.

If the trespasser refuses to comply with the direction to leave, or if the occupier thinks a prosecution is necessary because of resulting damage or the possibility of recurring trespass, then the occupier may consider laying charges. To do so, the occupier will need to obtain the entrant's name and address. The occupier should also record the facts surrounding the incident, date, time, witnesses, if any, and the conduct of both parties. This record will be helpful in refreshing the occupier's memory of the event when the matter comes to trial. Once the identity and address of the trespasser are known, the complainant may lay an "information" before a local justice of the peace under oath. This is rarely done by members of the public.

Question 154:

Is a sling shot classified as a firearm Or can I use a sling shot for Grouse?

Asked November 28, 2002

Answer from the MNR

A sling shot isn't considered a firearm under the Fish and Wildlife Conservation Act. You can use it to hunt grouse as long as you have a current small game licence and follow the seasons and limits. The usual laws still apply.

Question 153:

If rumours of the cougar release in Lanark County are false, is the Ministry aware of any significant presence of such a dangerous animal in this area? If so, how did they get here? and what is being done to inform the public of possible threats?

Asked November 28, 2002

Answer from the MNR

Sorry, but you are asking the wrong person. The "Ask the Conservation Officer" site can deal only with questions about natural resources law, interpretation of legislation, and the MNR enforcement program. I can suggest that you may want to forward your question to the MNR's general information centre, known as the Natural Resources Information Centre. They can be reached at 1-800-667-1940 (english) or 1-800-667-1840 (french). You may also e-mail this site at mnr.nric@mnr.gov.on.ca.

Question 152:

I received a call from a client asking if it was legal to use a deer decoy while deer hunting. I can find nowhere that says you cannot and by virtue of this, I think you can. Would you clarify for me?

Asked November 28, 2002

Answer from the MNR

You are correct. I would only caution you to use extreme caution with hunter safety in mind. Always picture some other hunter coming to your location from any angle (perhaps tresspassing) and shooting your deer decoy. Always be cognizant of the decoy's background from 360 degrees.

Question 151:

I've read over the regs numerous times and I've heard what the kids are being taught but I'm still not clear on it. A minor or hunting apprentice age 12-14 has to share a singal firearm with the mentor. Does this mean that the mentor can only carry 1 firearm or can he be in possession of 2 or more?

Asked November 28, 2002

Answer from the MNR

Yes you are correct. The apprentice must share a single firearm with the mentor.

Question 150:

I am 21 years old, and am currently enrolled in the Parks and Outdoor Recreation Technician Program Co-op for 2 years, and then plan to go into the Natural Resources Law Enforcement at SSFC in Lindsay, my home town.

Now, as a female, I would like to know the amount of female CO's there are, and if there is much job security foreseen in the future. I would like any information possible about becoming a CO.

I thoroughly admire the job of the conservation officer, and would love to learn about it. I would appreciate any information.

Asked September 25, 2002

Answer from the MNR

You've made a good choice about school programs to follow. Many of our CO's have taken the third year Natural program at SSFC, although the job requirement only calls for a resource technician diploma. In the MNR we have approximately ten female CO's. We also have a number of female Deputy CO's. To date CO's have had good job security and I expect that to remain constant in the future. You can find a wealth of information at the Ontario Conservation Officer's website at www.ocoa.ca. Good luck in your career.

Question 149:

I have a friend who has his hunting license although does not currently posses a firearms license. He intends to come to our deer camp although can obviously not hunt in the traditional sense. Can he participate in a deer drive? As I read the regulations, if he participates in a deer drive, he is considered to be hunting. Is that correct? If so, he would need to buy a deer license. Is that correct? If he was participating in the drive and possesed a deer license, could we use his deer tag to dag a deer shot?

Any information you could provide on the above subject would be appreciated.

Asked September 25, 2002

Answer from the MNR

Yes you are correct. If a person is involved in a deer drive he will have to possess a current deer licence even if he doesn't have a firearm or cannot use one. If he had a licence while on the drive you could use his seal as long as the shooter is actively involved in the hunt as a member of the party.

Question 148:

I will be moose hunting this fall and enjoy taking some partridge home for the winter months. I am never sure what the allowable limit is when I have been hunting for a week and now returning home. Should this be considered as a daily bag limit restriction or can I add the number of days not to exceed total possession limit?

Asked September 25, 2002

Answer from the MNR

The limit for grouse is five per day up to a maximum of fifteen in your possession. This is a combined limit including both ruffed and spruce grouse.

The limit for sharp-tailed grouse and ptarmigan is five sharps and five ptarmigan per day or fifteen sharps and fifteen ptarmigans in your possession.

If you have a season for Hungarian partridge in your area the limits are eight per day with a possession limit of sixteen.

Question 147:

I understand that it is necessary to obtain landowner permission when hunting on private land. However, what is the law regarding hunting on navigable rivers surrounded by private land? I know that the landowners do not own the river itself. For example, can I hunt ducks while paddling down the Thames River in SW Ontario without obtaining landowner permission?

Asked September 25, 2002

Answer from the MNR

Assuming the river bottom is Crown land and navigable you can hunt ducks while paddling down the Thames River without landowner permission. You may run into tresspassing issues if a crippled duck ends up on private property. I would also be cognizant of any local by-laws regarding restrictions on discharging of firearms within town/city limits.

See also question 170 under FAQ/fish.

Question 146:

If you have to quarter a moose deep in the bush, and can't get a 4 wheeler to it, and you want to de-bone it on the spot.(to make a lighter load)what then do you do with the tag. As it is attached to the cartilage on the back leg, it would just fall off after de-boning. Also i heard that you could be charged for de-breasting grouse.(just removing the breast and throwing the remain's away.) I thank you for your time and will be waiting to here from you.

Asked September 25, 2002

Answer from the MNR

See question 77 below for your question about de-boning moose in the bush.

Regarding the grouse question you are not allowed to waste or abandon flesh suitable for food and the legs of a grouse are definitely suitable for food, so you could be charged for throwing away the legs.

Question 145:

I have a deer tag for WMU 89 and a second deer tag for WMU 88. I am invited to deer hunt up in WMU 56. Can I use my 89 tag for 56 or Do I have to buy another tag for 56. Note I will be bowhunting in all WMU's.

Asked September 25, 2002

Answer from the MNR

Your original deer licence is valid for hunting antlered deer through the entire province. (Subject to Controlled deer hunt limitations).

A validation tag for antlerless deer is only valid for the WMU in which it was issued. Therefore you could hunt antlered deer in WMU 56. You could also hunt in WMU 89 subject to the conditions on your validation tag.

A second deer tag is only valid in the WMU for which it is issued and subject to the conditions under which it was issued.

Controlled hunts are area-specific and often have their own regulations. Some controlled hunts even issue multiple tags. However, controlled hunt validation tags are specific to WMU's and are a separate process from the province wide antlerless deer validation tag process.

Question 144:

I would like to know what the legalities are surrounding the processing of game in the field. Being that I will be hunting on foot, some distance from the road with no motorized assistance, can I tag my deer or moose as per regulations, and then proceed to remove the meat from the bones, thus leaving all inedible parts in the bush? I'd hate to have to drag all the weight from the bones and hide, if I can leave it there.

Asked September 25, 2002

Answer from the MNR

See question 77 below.

Question 143:

Will Conservation Officers be checking for Registration of firearms, and Firearms licences this year (2002)?

Asked September 25, 2002

Answer from the MNR

Conservation Officers will not be checking this information as a matter of routine business. However, during the course of certain investigations where firearms are involved we may want to verify this information on a case by case basis.

Also check question 3 below.

Question 142:

Is it legal to hunt small game on Sundays using a pellet gun, or is a pellet gun considered to be a firearm and therefore not legal to use?

Asked September 25, 2002

Answer from the MNR

You cannot use a pellet gun to hunt small game on Sundays in the areas where Sunday hunting is prohibited. In these areas, the only firearm which may be carried or used, for the purpose of hunting, is a long bow or a cross bow.

A pellet gun is considered a firearm under the Fish and Wildlife Conserservation Act (MNR legislation) but is not considered a firearm under the Criminal Code if the pellet travels less than 500 feet per second.

Question 141:

We are wondering what rules as far as securing guns apply at a wilderness hunt camp. whenever we go back to camp at night or at lunch we leave our guns outside on a rack with no trigger locks also when we go out to hunt,any extra guns are left at camp without trigger locks and we never lock our camp during hunting season for safety reasons, eg lost hunters ect. Is what we are doing legal or do we have to trigger lock our guns.

Asked September 25, 2002

Answer from the MNR

Your questions are concerning the federal Firearms Act legislation and should be directed to the firearms officer at:
http://www.cfc-ccaf.gc.ca/en/default.asp

While conservation officers may incidentally enforce the Firearms Act by virtue of their being Peace Officers, it is not a part of the MNR mandate to enforce this statute. This web site is only intended to clarify and answer questions about statutes which are within the MNR's mandate.

Question 140:

I have heard that with the 21 day limit on crown land camping, the limit applie to the year and not the campsite. For example if I camp at Lake X for 21 days, I cannot move my setup to Lake Y for another 21 days, I must not camp on crown land again that year. Is this true?

Asked July 23, 2002

Answer from the MNR (updated May 2003)

The Public Lands Act regulates the placing of things, including camping equipment and gear, on public (i.e Crown) land in Ontario. MNR has for a number of years allowed through policy that some things may be placed on Crown land without approval. The MNR has recently revised this policy. The amended policy now states that a person may camp on Crown land, without land use authority, permission or paying a fee, as long as:

• an individual site is occupied for no more than 21 days in a calendar year,
• after 21 days, the camping unit moves a minimum 100 metres to a new camp site, and
• the sites are not posted with signs prohibiting camping

The above policy does not apply to non-resident campers over the age of 18 years old who camp on Crown land in northern Ontario (i.e., north of the French and Mattawa Rivers). Those campers must apply for and purchase a Crown land camping permit for each night that they camp on Crown land in northern Ontario. This requirement is detailed in Ontario Regulation 326/94 made under the Public Lands Act.

However, some Crown lands may have restricted travel zones for forest fire prevention, officially closed forest access roads and areas posted with signs to prohibit all or certain kinds of travel.

Question 139:

If it "against the law" to poach protected wildlife, is it not to be expected that the O.P.P. would enforce these laws. Would the striking officers consider this strike-breaking? where does the T.I.P.S. program fit into your field of enforcement? Can poaching activities that are observed be reported through TIPS? These are just some questions that could be answered and put out for public information. Great website,heard about it on CBC today.

Asked May 13, 2002

Answer from the MNR

The OPP has the authority to enforce fishing and hunting laws. It is not their mandate but in the course of their duties then can make arrests, lay charges and make seizures etc. In most cases the information is usually gathered and passed on to a Conservation Officer. I would not consider these constables to be strike-breaking since they are not and cannot go on strike.

Members of the public can report hunting and fishing violations to Crime Stoppers by calling 1-800-222-TIPS the same way you would report a drug deal or break and enter to the police. The more information the better. We like vehicle descriptions, GPS locations and most importantly licence plate numbers with specifics.

Question 138:

Are we allowed to hunt and fish in minesing swamp (in season of course)?

Asked May 13, 2002

Answer from the MNR

This area is managed by the Nottawasaga Valley Conservation Authority. You can hunt and fish in this area but the access is restricted as far as vehicles are concerned. I would advise you to contact the CA directly to get any further information.

Question 137:

I was wondering if hunting is allowed in the area around the wilmot creek south of the 401. It's public land open for fishing, and looks like a good spot for rabbits and ducks by lake ontario. Are there any regulations that would prevent me from heading down there with a shotgun when duck season opens?

Asked May 13, 2002

Answer from the MNR

Duck hunters access Lake Ontario at the end of Curtis Road. The land along Wilmot Creek is partially owned by the municipality and partly private. There is a small pine plantation south of the 401 frequented by rabbit hunters. Its off Cobbledick Road and is Crown land.

My suggestion would be to contact the by-law officials for that area since you are not generally allowed to discharge firearms within municipalities. If you are on private property you will require written permission from the landowner. You cannot discharge a firearm within 300 m of the high-water mark at the mouth of Wilmot Creek.

Question 136:

I have coon and rabbit hounds. We recently got formal training permits for racoons last year. What is the view of CO's as far as running beagles on rabbits in the off season to keep them in shape for the trials?? I am hoping to sign on as a DCO if I can and would like to make sure that I don't get a charge.

Asked May 13, 2002

Answer from the MNR

The views of CO's really do not come into play here. We enforce laws regardless of our feelings towards them. You must have an authorization issued from the local MNR office to conduct dog training and field trials on game mammals and game birds during the closed season. Of course you would require a hunting licence during the open season. I'd advise you to visit your local MNR office to get such a permit.

Question 135:

Most of you are familiar with the use of falcons and hawks to chase away birds from airport runways but are you aware that baiting them and killing them is also practiced by the falconer hired by Transport Canada and by Transport Canada itself.

Well it does happen. This afternoon at the Toronto Island Airport I watched as three (3) Ring-billed Gulls were shot gunned from the sky. After killing one of the birds the body was used (by tossing it up) to attract more gulls (not chase them away) and when a gull was lured in it was killed. This only stopped when the shooter, the falconer and the Transport Canada employee spotted me watching them through my binoculars. The shooter then started to watch me through his own binoculars until probable frustration set in and they all left. This all happened as I took notes and noted times, etc.

You may also be aware that if you or I kill a gull that we are subject to prosecution and a fine and perhaps the 3 men I observed today are also subject to prosecution and fine also. If Transport Canada or the proper wildlife ministry would like to look into this. I do have the Transport Canada vehicle license number and vehicle number and I can identify the 3 men and besides they all were wearing security clearance tags so as to be able to be on airport property so they should be easy to identify.

Asked May 23, 2002

Answer from the MNR

Chances are very probable that the activity which you witnessed took place under a "Damage Permit" which is issued by the Canadian wildlife Service, pursuant to the sections in the Migratory Bird Regulations which state:

"26. (1) A game officer may, with the prior concurrence of the Regional Director, issue to a person who owns, leases or manages an area of land, a permit that describes the area and authorizes that person and his nominees to scare or kill within that area migratory birds that are causing or are likely to cause damage therein."
AND
"26.1 (1) The Minister may, where he has reason to believe that it is necessary to reduce the damage or danger that migratory birds are causing or likely to cause to health, safety, agricultural or other interests in a particular community, issue to a person who owns, leases or manages an area of land in that community, a permit that specifies the area and authorizes the person or his nominee to collect and destroy the eggs of migratory birds specified in the permit and to dispose of the eggs in the manner provided in the permit."

The CWS issues literally hundreds of damage permits annually to airports, golf courses, parks, businesses, residences and others who may need to deal with nuisance or problem wildlife. Some permits are "scare-only", other are "scare and/or kill". The majority of Damage Permits are species specific and are issued for controlling of Gulls or Canada Geese. It is not unlawful for an individual to harass or kill a migratory bird if they have been granted the authorization to do so under a damage permit. To verify whether the individuals that you observed have been authorized under a Damage permit to do the activities which you have described, you may want to contact the Canadian Wildlife Service in Burlington at (905) 336-4464.

Question 134:

What is the reasoning for the Ministry to sell calf moose tags over the counter? Is there any other province or state in North America using the same system?

Asked March 4, 2002

Answer from the MNR

Sorry, but you are asking the wrong person. The "Ask the Conservation Officer" site can deal only with questions about natural resources law, interpretation of legislation, and the MNR enforcement program. I can suggest that you may want to forward your question to the MNR's general information centre, known as the Natural Resources Information Centre. They can be reached at 1-800-667-1940 (english) or 1-800-667-1840 (french). You may also e-mail this site at mnr.nric@mnr.gov.on.ca

You may also want to send your question to the "Ask the Biologist" site at:

http://dragon.zoo.utoronto.ca/askMNR/mnrbioquestions.html

Question 133:

I've been going to Quebec the last 4 years to bow hunt for moose within close driving distance of Trois Rivieres and Quebec City. The season includes both bulls and cows and is bow hunting only. With the growing numbers of bow hunters in Ontario why has no cosideration been given for bow hunting only for moose in Southern Ontario?

I live in area 56 and the moose hunt with guns is a farce as well as plain dangerous. Please consider turning areas 53,54 56 and 57 into a longer season for bow hunting only for moose.

Asked March 4, 2002

Answer from the MNR

Sorry, but you are asking the wrong person. The "Ask the Conservation Officer" site can deal only with questions about natural resources law, interpretation of legislation, and the MNR enforcement program. I can suggest that you may want to forward your question to the MNR's general information centre, known as the Natural Resources Information Centre. They can be reached at 1-800-667-1940 (english) or 1-800-667-1840 (french). You may also e-mail this site at mnr.nric@mnr.gov.on.ca

You may also want to send your question to the "Ask the Biologist" site at:

http://dragon.zoo.utoronto.ca/askMNR/mnrbioquestions.html

Question 132:

I shot a mature buck in the shotgun hunt in WMU 69A. It has both antlers broken off from apparently fighting with other deer. Does both antlers have to be 3 inches long or does 1 antler allow it to qualify. Curious for future hunts and tag allocation. Three years ago I shot what would have been a good 8 pointer however one side was broke off, it weighed in at 209 pounds field dressed

Asked February 7, 2002

Answer from the MNR

The regulations state that an "antlerless deer" is defined as a deer that has no antlers, or has antlers both of which are less than 7.5 cm (3") in length. So if it only had one antler and it met the size requirement you could run with that. The monster you shot three years ago would qualify as an anterlered deer because it, too had a single antler greater than 7.5 cm. You might be interested to know that every year very few hunters will shoot does which have antlers greater than 7.5CM. These can be sealed with an antlered deer tag, even though the tags are causally referred to as "buck tags" and "doe tags.

Question 131:

Can I purchase an outdoors card on line? My current card expires at the end of THIS year, and I don't remember how I got it. Will I receive something in the mail automatically, and be able to choose what type of licenses I want to purchase?

Asked September 13, 2001

Answer from the MNR

Visit this MNR site: http://www.mnr.gov.on.ca/MNR/fishing/oc6.html
 
It will give you your five options for Outdoors card renewal, including renewal on-line.
 
You should have received a renewal notice with this information over the last Fall/early Winter. Of course, if you have moved since you purchased the card and failed to notify the Outdoors Card Centre, your mail will go to your old address!

Question 130:

I am hunting in the regular season hunt the first week of November. I have also been invited to participate in two controlled hunts the first week of December. If I harvest a deer in the regular hunt, can I still hunt the controlled hunt?

Asked September 13, 2001

Answer from the MNR

You can certainly do this if you either:
 
a) Party hunt in the first week of the hunt and have one of your party use their appropriate seal on any deer which you may shoot, or
 
b) If you use your seal during the first hunt, you may party hunt during the December hunt.

Question 129:

I was reading a post on this site about hunting crows. I believe its legal to shoot crows but not ravens would like to know if I'm correct also do crows have yellow beaks and ravens have black. If this correct a post regarding the legal aspect might be prudent.

Asked September 13, 2001

Answer from the MNR

Under the Fish and Wildlife Conservation Act (FWCA), the holder of a small game licence may shoot crows, starlings, cowbirds, etc. and any other bird that is not:
 
- a Specially Protected Bird or
 
- protected by either the Migratory Birds Convention Act (i.e., almost all song birds, waterfowl and a long list of other birds) or any other bird designated by the Minister.
 
A Raven is a Specially Protected Bird under the FWCA [schedule 8] Therefore it is unlawful to shoot Ravens.
 
You are correct, it is legal to shoot crows but not ravens.
 
These two similar looking birds can mostly be differentiated by their overall body size (ravens are considerable larger than crows) and by their voice or song. These characteristics are often much easier to see than beak colour. To find out about these birds you might want to visit the ASCAR (American Society of Crows and Ravens) site at: http://birding.about.com/gi/dynamic/offsite.htm?site=http://www.azstarnet.com/%7Eserres/index.html

Question 128:

Is it against MNR policy for a full time Conservation Officer to guide or run an outfitting business??? Is this not a "Conflict of Interest"??? If this is currently occurring and the MNR has no policy on this issue, would the Ontario Ombudsman be interested?

Asked September 13, 2001

Answer from the MNR

I do not comment on MNR policy issues. Can only suggest that if you have any conflict of interest concerns about any MNR employee that you discuss them with the appropriate District Manager.

Question 127:

According to 2001 Hunting regulations, "You may not let the flesh of any harvested game wildlife which is suitable for food be destroyed, spoiled or abandoned. This includes Black Bear." Having said that, the next paragraph states "You cannot process a black bear gallbladder that has been removed from a black bear." The logic of these seems to be contradicting. Here is my understanding, please correct me.
Black bear is a harvested animal. This implies: Cannot let the flesh spoiled.
Cannot possess black bear's gallbladder. This implies: Flesh is wasted.
There is a huge contradiction there.
OR
Black bear's gallbladder is NOT flesh for food and therefore flesh has to be wasted.
I am just toally confused, please clarify on this.

Asked September 13, 2001

Answer from the MNR

The simple answer is that your third hypothesis - "(Black bear's gallbladder is not flesh for food) and therefore flesh has to be wasted" is the correct one. The "flesh" of an animal is interpreted generally to be the muscle tissue which one would expect to eat off any animal. From that perspective, the requirement to leave the gall of a bear is no more of a wastage issue than leaving any other of the internal organs, all of which someone somewhere might consider tasty - i.e. intestines,(for sausage) stomach wall (for tripe) tongue, brains, testicles, etc. etc.

Question 126:

Please advise me of the Provincial Governments policy regarding the new requirements under Bill C-68.

Asked September 13, 2001

Answer from the MNR

Sorry, this site and my role is to try and focus on interpreting and answering questions about legislation which anglers, hunters, and others may have about their activities. This is not a forum for me to discuss or comment on the broader government's policies.

Question 125:

I am inquiring if it will be the policy of Natural Resources Officers (Game Wardens) or O.PP. Officers to ask hunters for an F.A.C., P.O.L. or a P.A.L. this deer season. Up to this point the officers only required that we produce a valid hunting licence. Many members of my hunting gang are hearing from Game Wardens that they will be checking for the new permits which are required by the Federal Governments Bill C-68.

Asked September 13, 2001

Answer from the MNR

Please see question 106 which covers this question already. Of course this only deals with Conservation Officers and it would be inappropriate for me to suggest how the OPP will deal with this.

Question 124:

Having recently posted a query on a web board about hunting opportunities in the off season, it quickly became evident that there is much confusion about the status of pigeons in this province. This has been further confused by the recent changes in regulations regarding the control of pest species. Some people seem to think that they are protected, others that they are not, and some believe that they can be shot only if they are causing problems for a landowner, in which case the new rules concerning pest control may or may not come into effect. I have in years past seen an article in Ontario Out of Doors which stated that pigeon shooting used to be popular until the use of insecticides in the 1960s killed off most of the pigeons as well, only to make a comeback in more recent times as the use of such chemicals has been greatly curtailed. I have even seen pigeon decoys in stores and bought several of them myself just to have available during hunting trips in so! uthern Ontario. I read the article at least several years ago however, and would like to know their present status. Even if it is legal to shoot them for pest control, would this make it illegal to shoot at pigeons that I may come across while hunting in smaller Regional Forests and plots of Crown Land that are scattered throughout southern Ontario farm country? As you could probably tell from this query, I would like to eat any pigeons that I may shoot, but I would also like to know if the laws against spoilage of game meat would also apply to them.

Once again, this issue has resulted in much debate on the Hunting Board on which I first mentioned it, where some people have questioned the practice while others say that they have been shooting the birds for years.

Asked June 24, 2001

Answer from the MNR

I am not sure what you are referring to when you indicate "the recent changes in regulations regarding the control of pest species." Notwithstanding that point, I will try to clarify the laws around hunting of these birds in Ontario.

Pigeons are among a number of species in Ontario that may be hunted year round. This list of species includes animals which are not generally considered "game" but are also hunted. This list includes crows, groundhogs, and porcupines, for example. For this reason, they are not listed as game animals in the Fish & Wildlife Conservation Act.

As a result, the regulations regarding spoilage do not apply to these animals. That being said, there needs to be some responsible behaviour amongst the hunting community who might want to pursue these animals. For example, for the benefit of the sport it would obviously not be wise to kill several dozen or more of these animals and leave them lying on the roadside.

There are no limits on the number of pigeons, groundhogs, etc., that may be shot.

However, all other hunting laws apply - eg. no hunting from a roadway, no discharge from or on a vehicle, daylight hours, wearing of hunter orange during big game seasons, etc., etc.

In general, one requires a valid small game licence in order to hunt these birds. The exception is to a landowner who may shoot these birds on his or her own land in defence of their property.

Question 123:

In question 98 of your game section, you deal with the issue of hunting waterfowl in areas where agricultural practice has left seeds and feed out for birds versus an area which has been intentionally baited. My concern is about what conditions satisfy the criterion of "baited area." As much of my waterfowling has taken place in cottage country, which usually has several cottages within a couple hundred of meters of a given hunting location, I was wondering if a cottager could try to claim an area off bounds as a result of their having regularly fed the birds up to the start of hunting season. I have once read of cottagers making the claim that some people living a few lots next to them had no legal right to shoot at birds off of their own shoreline since they were within the boundaries of the "baited area" that they had created by simply feeding "their" ducks. While I doubt such a rationale would hold in court, what does the conventional reading of the regulations have to say about such a claim?

Asked June 24, 2001

Answer from the MNR

The Migratory Birds Convention Act regulations state that no one (not just hunters) may not set out bait at any time after 14 days before the start of the open season unless they have written consent of:

1. every landowner within 400 meters of the place where the bait is deposited. (Note that this is the distance that you must be away from bait when hunting), and
2. the Regional Director of Conservation at the Canadian Wildlife Service (Environment Canada), and
3. the chief game officer of the province.

Question 122:

I was wondering what the potential for promotion is when you are a CO? And also is there a current need for CO's?

Asked April 17, 2001

Answer from the MNR

Please have a look at our Conservation Officer (CO) web page at: http://www.mnr.gov.on.ca/MNR/fishing/co.html This page explains what CO's do and the educational requirements one needs to become a CO.

If one wanted to promote from the field CO position, you would be able to compete for most any other position within MNR or even the entire OPS. However, many CO's are career officers as they thoroughly enjoy the field work that they do as a part of their position.

As a rule and as you can imagine, there is minimal turnover of the 281 CO's who work for MNR. Because of the demographic of our current force we anticipate that we will be hiring about fifty or so officers in the next couple of years. This is not a lot of officers and there is a lot of competition, but this number is higher than our normal attrition rate of 4-6 officers per year.

Question 121:

I wanted to know if there is a season for turkey in WMU 63. Where would the nearest check station be? I have downloaded the ministry licensing phone in brochure and was surprised to see WMU 63 on the list. We have heard them in the morning while deer hunting in the fall but was unaware of a season. Is there ---really--- a season for turkeys up there or not.

Asked April 17, 2001

Answer from the MNR

Yes, there are more opportunities for hunting turkey this year in expanded area's including WMU's 59, 60A, 61, 63, and 65 (not including Prescott/Russell). See pages 19-21 of your new Summary of Hunting Regulations for the details. These summaries are, of course, downloadable from: http://www.mnr.gov.on.ca/MNR/pubs/pubmenu.html

For information about local check stations, you need to contact the Kemptville district office. The contact information can be found in both the hunting and fishing summaries.

Question 120:

I read your DCO fact sheet throught the O.C.A.A. internet site and I would like some clarification on the section which describes "How to be appointed as a DCO.

It says that you must successfully pass the 4 week Intro to Law Enforcement course or an APPROVED EQUIVALENT. I have successfully passed the Nat. Res. Law Enforcement Program at Sir Sandford Fleming College which is a 1-year intense course containing intro to law, investigative techniques, court procedures etc.. and would like to know if this would be an APPROVED EQUIVALENT.

Asked April 17, 2001

Answer from the MNR

As of this date, the only approved equivalents to MNR's Level 1 course are:

• Ontario Police College Training (M.N.R. Enforcement Course)
• Previous Conservation Officer Appointment
• Previous appointment as a Police Officer under the Police Services Act
• National Park Warden Course

Question 119:

I have some questions about wild turkey hunting in ON. How are they distributed? What is estimated population size? What are the boundaries (north)? Which ares have higher numbers of birds and Which have larger birds?

Where turkeys can be hunted on public lands?

I heard in some places wild turkey carry some kind of desease?

Asked April 17, 2001

Answer from the MNR

Sorry, but you are asking the wrong person. The "Ask the Conservation Officer" site can deal only with questions about natural resources law, interpretation of legislation, and the MNR enforcement program. I can suggest that you may want to forward your question to the MNR's general information centre, known as the Natural Resources Information Centre. They can be reached at 1-800-667-1940 (english) or 1-800-667-1840 (french). You may also e-mail this site at mnr.nric@mnr.gov.on.ca.

Question 118:

I recently purchased a few acres of land on which I will soon be building my house. My question is this. My property backs onto 75 acres of privately owned bush and both sides of the lot are field. I do know that they deer hunt there in the fall. How far must the hunter stay from my house. It is shotgun only but if the hunter is off of my property but still within slug range of my house are there regulations that would keep them a safe distance? I have nothing against people hunting as I hunt myself this is just a safety concern. Any info would be appreciated.

Asked April 17, 2001

Answer from the MNR

There is nothing in legislation which specifically states a distance which one must be from a building or residence in order to discharge a firearm. However, there is legislation in both the Fish & Wildlife Conservation Act and in the Criminal Code that basically says that any person who uses a firearm is legally responsible to use it in a safe manner. An individual may be charged under either or both of these pieces of legislation for careless use. In some cases, municipalities, in their no discharge of firearms bylaws, may specify a distance from a residence within which a firearm may not be discharged. In these cases, the bylaw may state "no person may discharge a firearm within x metres of a residence or outbuilding or …" In these cases, the bylaw applies to all discharges of firearms, (ex. trap or skeet, target shooting, etc) and not just hunting. Bylaws, of course, are enforced by municipal bylaw officers and not MNR.

Question 117:

I know that I have to have my firearm encased during the dark hours as set out in the regulations. My question is: can I have my shotgun in a sock with the sling swivels protruding and the sling attached so that I may sling the gun over my shoulder, allowing me to carry other equipment into my duck blind? In effect, if the sling is considered part of the firearm, then it is not closed in on six sides.

Asked February 20, 2001

Answer from the MNR

If I am envisioning what you are describing correctly, you would cut or otherwise adapt your gun sock so that the two swivels and nothing else, would be exposed, but that the entire rest of the gun would still be inside of the case and not accessible. From this perspective you may not be meeting the letter of the law as a portion of your gun (the swivels) is not encased. At the same time, if what I have described above is what you are really talking about, then you have most likely satisfied the intent of the legislation.

I would suggest that this is not likely going to cause you a problem, but would still suggest that you run your idea past the local Conservation Officers or District Enforcement Supervisor where you intend to hunt. While I may conceptually see where you are coming from, local issues and enforcement problems may put the officers in a position where they may have to take a letter of the law, hard-line approach to a local problem. If I can use an analogy that you may be more familiar with, in some areas the police may be responding to safety issues and complaints and ticket drivers who are only a couple of clicks over the speed limit. In other areas where the problem may not be as significant, they may allow for ten or more km "wiggle room". The fact is that you may be charged with speeding for doing 1 km over the posted limit. Similarly, you may be charged with an un-encased gun if only 1% or so is exposed.

Question 116:

My questions is related to the training of bird dogs.

1) Are training permits required to train bird dogs during closed season and if required what are their limitations on what months a person can train in a habitated area of game birds?
2) When training a bird dog what restrictions apply to the possession of game birds during a closed season?
3) When training bird dogs in a field with the use of "barn pigeons" can one be in the possession of a firearm to be used for the training of the dog with the pigeon?
4) What are the prerequisits of the MNR with regards to game farms for the use of pheasant,quail and chukar.

Asked February 20, 2001

Answer from the MNR

Please see question #57, which answers your questions 1-3. As far as your last question - game farms, they are more properly termed "game bird hunting preserves". These facilities need to be licenced. These licences are for specific species (i.e., northern bobwhite, wild turkeys, pheasants, etc.) and the licence holders are restricted as to whom they may sell their birds to. A licence to keep game birds captivity is not required to raise chukars.

Question 115:

Where can I obtain a map that shows what land is crown and what land is not in any given area?

Asked February 20, 2001

Answer from the MNR

Generally most MNR districts produce a district map which shows crown and patented (private) land. Alternatively, if you are in Northwestern Ontario, MNR is partnering with Crime Stoppers and the tourism boards to produce a series of maps which have land tenure, plus a whole bunch more info on them.

Question 114:

Is there any legislation preventing someone from brushing a trail (on crown land) to make it easier to travel to and from a hunting spot or tree stand quietly? (by brushing I mean cutting small limbs and shrubs not large trees.)

Asked February 20, 2001

Answer from the MNR

The Crown Forest Sustainability Act is the legislation that controls the use of trees in the forest on Crown land. If your trail is on Crown land, you cannot, by law, cut or damage any trees in the forest ecosystem without a licence. The Public Lands Act could also come into play if brushing is so extensive that a road or new ATV access is created. A work permit might be required in some cases.

Minor clearing of an occasional raspberry bush is likely OK, but every location must be looked at individually. You should talk to your local MNR district office to confirm that what you wish to do will not impact any local values.

If your trail is on private land, it is up to the land owner to permit brushing or any other use of their property.

Question 113:

I am interested in becoming a conservation officer and was wondering what the physical requirements are for the job. In particular, I would like to know if there are any minimum vision requirements.

Asked February 20, 2001

Answer from the MNR

As of right now, there are no specifically laid out sight requirements [enough with the three blind mice music!!!] to become a conservation officer. However, our recruitment process is being modified at this time and we will be requiring a medical exam in the future, which will include an eyesight element. What exactly that will look like has not been determined yet, but would suspect that it probably will not be all that different from the police standards.

Question 112:

I own a large parcel of land north of the French River. If we place "No Hunting" signs around the edges of our property, is it illegal for us to hunt our own land?

Asked February 20, 2001

Answer from the MNR

No, but you are not the only person who believes this urban legend. Think about it - if I put a no trespassing sign on my house, does that mean that I can no longer go onto my own property? Obviously not, and the same applies to any other restrictions on my land under the Trespass to Property Act.

Along the same lines, however,
-if you do place "permissive" signs (eg. "Cross country skiing Permitted" or graphic of cross country skier inside of a green circle) then the presumption is that all other activities, such as snowmobile riding, horseback riding, hunting, etc. are prohibited,
OR
-it you place "prohibitive" signs (eg. "No Hunting" or a graphic of a hunter inside of a red circle with an oblique line drawn through the graphic) then all other activities, such as fishing, hiking, trail biking, etc., are presumed to be permitted.

From this perspective, you may want to consider using "No Trespassing" signs rather than indicating a specifically prohibited activity (i.e. No Hunting).

Question 111:

Just wondering if it is legal to hunt waterfowl from a hydro tower right of way?

Asked February 20, 2001

Answer from the MNR

Whether the property is on a hydro right of way or not is not the issue. The point is that you need to know who owns the property and if they do or do not allow trespass. Obviously, if the hydro line is on crown or public land where you can otherwise hunt, then you may hunt on that portion. If the hydro line is on private property, then you have no more right to hunt on it than I have to walk under the wires to trespass at your house. The only "right of way" on private land is an agreement to allow hydro workers access to the property to do line maintenance.

Question 110:

A recent posting to a fishing message board referred to an ice fishing party where in total they had less than the party limit of whitefish but individually some had caught more and some obviously less than their individual limit. The ones catching more were charged. When I read the posting I assumed there was probably more to the story such as the party was not physically fishing from the same hut. However a response to the posting referred to Question #49 in the FAQ Fish section wherein the CO answer stated that it is illegal to party fish. This comes as a real surprise to me and I wondered if the same applies to waterfowl hunting. Two licensed hunters hunting from the same blind shoot a limit of 12 ducks..one hunter shot 7 ducks and the other 5 ducks. The hunters are leaving the marsh and are stopped by a CO. Would a CO even ask the question who shot what?

Asked February 20, 2001

Answer from the MNR

You cannot "party fish" for any species of fish, nor party hunt for ducks, rabbits, grouse, turkey or any other small game. The only species for which you can "party hunt" for are deer, moose or bear.

Question 109:

I was wondering why only a shotgun is legal for the hunting of wild turkeys.Is it a safety issue or is there another reason? For instance.Why could not a .22 magnum be used as it is more than enough power to harvest turkeys humanely?

Asked February 20, 2001

Answer from the MNR

I am not exactly sure of the history of this legislation, but do know that the hunter safety community recognizes that, at least in North America, Wild Turkey hunting tends to be the most dangerous in terms of relative number of hunting incidents. From that perspective, I would rather be shot with bird shot at 100 yards than a 22 magnum - what about you? Personally, I don't think I want to be shot at all. Think safety!

The other element of the hunt that is likely captured in this piece is the "fair chase" concept. That is, yes, you could potentially kill a bird from several hundred yards using a .22 magnum, but a good portion the "hunt" in hunting turkeys is the searching for sign and roosting areas, hiding, and the ability to successfully call a bird to within shotgun range. This process is a fair pitting of your skills versus the bird's cunning and survival instincts.

Question 108:

Sometime ago I took the Wild Turkey course and the Ontario Trappers course, and never purchased a licence. I would now like to purchase both licences, but I can't find my certificates after moving.

I also would like any information on where I can obtain a map of Crown Lands in WMU 89, 90.

Asked February 20, 2001

Answer from the MNR

You did not say how long ago "some time ago" was, but I am presuming that it means over five years ago. If this is so, you are not going to have much success with either of these pursuits.

First, In order to get issued a Trapper's licence, you need to have either been issued a previous licence or have taken the trapping course within the previous five years. This regulation has been in effect for as long as I can remember. I took the same course in the mid-80's when it first came out and was not allowed to trap because of 'conflict of interest' guidelines, so I have lost that course as well. If, however, a) you took the course less that five years ago or b) you want to renew your interest in trapping and take the new course, you need to contact the Ontario Fur Managers Federation. This is the trappers association and they administer both the licencing and the trapper training. They are in Sault Ste. Marie at (705) 254-3338 or at www.furmanagers.com

As far as the Wild Turkey training is concerned, you need to contact the district office where you took the course and see if they have a record of your course and attendance. Otherwise, unless you have purchased a turkey licence since you took the training, there is no record in our licencing section. I also checked with OFAH as they administer the courses, but they apparently do not keep a record of graduates.

Finally, for crown land maps, you need to contact the district office in which the WMU's are located. This may or may not be successful as not every district has a map available at this time, however many still do.

Sorry I could not be more helpful.

Question 107:

I would like to know if it is legal to hunt the area north of Oakville and Burlington, between highway #5 and the 401.

Asked February 20, 2001

Answer from the MNR

From the perspective of the Fish and Wildlife Conservation Act (FWCA) and other natural resource legislation, there is nothing that specifically says that you cannot hunt in this area. However, you need to look at and research a couple of other issues. First, can you safely hunt in this area? If you cannot safely hunt in the area you could be charged with unsafe hunting under the FWCA or careless use of a firearm under the criminal code. The second thing you need to do is to find out if there are any municipal bylaws which may restrict the discharge of firearms and what types of firearms that the legislation, if there is any, applies to. Under the legislation that MNR is mandated to enforce, you could hunt in most cites, including Toronto, if you could do so safely. However, you cannot do this because the municipality, which has the mandate for safety, has "no-discharge" bylaws.

Question 106:

In addition to the necessary game licences do hunters now need to carry their POL/PAL/FAC licence with them in the field to prove that they can legally be in possesion of a firearm? If not, then how do the CO's plan to validate that the hunters are in compliance?

Asked January 10, 2001

Answer from the MNR

See question # 3. The Firearms Act and Regulations are federal pieces of legislation. Conservation Officers, by virtue of their being peace officers under the Criminal Code, may enforce this legislation where it is appropriate to do so. However, this legislation is not an MNR mandated legislation and we do not anticipate that officers would routinely enforce this legislation unless they had a reason to do so. This is the same approach Conservation Officers take with most Criminal Code and many other federal statutes - that is, we do not actively search out violations, but will undertake enforcement action where it is appropriate - arresting an impaired driver, for example. Officers have access to and will be able to do the same records check as police do through the Canadian Police Information Computer system.

Question 105:

I know that there is kind of an ongoing debate about the cougar population in Ontario and every so often I hear about a sighting or two. Due to the reclusive nature of the cougar I do not doubt there is a presence in Ontario but often wonder about the actual number.

Recently I heard that the MNR had released three cougars into Lanark county to control the thriving