Migratory Birds Regulations, 2022 (SOR/2022-105)

Interpretation

Marginal note:Definitions

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

  Act

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

  aircraft

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

  bait

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

  chief provincial wildlife officer

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

  contact information

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

  daily bag limit

  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 column 5 of Table 1 or, if applicable, of Table 2 of the relevant Part of Schedule 3, for that area and that species or, if the Minister has altered the daily bag limit under section 19, the limit established by the Minister. (maximum de prises par jour)

  egg

  egg means the egg of a migratory bird and includes parts of the egg. (oeuf)

  game officer

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

  habitat conservation stamp

  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:

  • (a) to promote the conservation, restoration and enhancement of wildlife habitat in order to retain the diversity, distribution and abundance of wildlife;

  • (b) to provide a funding mechanism for the conservation, restoration and enhancement of wildlife habitat in Canada; and

  • (c) to foster coordination and leadership in the conservation, restoration and enhancement of wildlife in Canada. (timbre de conservation des habitats)

  holder

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

  hunt

  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, injured or harassed. (chasser)

  lure crop area

  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 a sign. (zone de cultures de diversion)

  lure station area

  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 a sign. (zone de diversion)

  minor

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

  open season

  open season means, in respect of a species, or group of species, of migratory game birds or murres, any season during which birds of those species may be hunted in an area as set out in column 4 of Table 1 or, if applicable, Table 2, of the relevant Part of Schedule 3 or, if the Minister has altered the open season under section 19, the open season established by the Minister. (saison de chasse)

  overabundant species

  overabundant species means a species of migratory game bird that causes damage or is likely to cause damage to agricultural, environmental or other similar interests as a result of the rate of increase of the population of that species or the abundance of that population, and that is is set out in column 2 of Table 2 of any Part of Schedule 3. (espèce surabondante)

  permit

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

  possession limit

  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 have in their possession at any time in an area set out in column 3 of Table 1 or, if applicable, of Table 2 of the relevant Part of Schedule 3 or, if the Minister has altered the possession limit under section 19, the possession limit established by the Minister. (maximum d’oiseaux à posséder)

  preserved

  preserved means, with respect to a migratory game bird, one that has

  • (a) been eviscerated and plucked in any location and then been frozen, made into sausage, cooked, dried, canned or smoked in a location other than the hunting area;

  • (b) in a location other than the hunting area, had its edible portions removed from its carcass and then been frozen, made into sausage, cooked, dried, canned or smoked; or

  • (c) been mounted for taxidermy. (préparé)

  Wildlife Habitat Canada

  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)

• Marginal note:Definitions — Act and Regulations

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

  buy

  buy includes offering to buy. (acheter)

  exchange

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

  sell

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

• Marginal note:Definition of commercial transaction

  (3) For the purposes of the Act, commercial transaction includes renting and offering to rent.

• Marginal note:Benefits

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

• Marginal note:Period

  (5) In these Regulations, unless otherwise specified, where a period of time is set out, the period shall not exceed 12 months from beginning to end.

Application

Marginal note: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.

Marginal note: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 1General

Application

Marginal note:Scope

4 This Part sets out general rules in respect of migratory birds. These rules also apply, unless otherwise stated, to activities and permits referred to in Parts 2 to 4.

Prohibitions

Marginal note:Prohibitions

• 5 (1) A person must not engage in any of the following activities unless they have a permit that authorizes them to do so or they are authorized by these Regulations to do so:

  • (a) capture, kill, take, injure or harass a migratory bird or attempt to do so;

  • (b) destroy, take or disturb an egg; and

  • (c) damage, destroy, remove or disturb a nest, nest shelter, eider duck shelter or duck box.

• Marginal note:Exceptions

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

  • (a) a nest shelter, eider duck shelter or duck box that does not contain a live bird or a viable egg;

  • (b) a nest that was built by a species that is not listed in a Table to Schedule 1 if that nest does not contain a live bird or a viable egg; and

  • (c) a nest that was built by a species that is listed in a Table to Schedule 1 if the following conditions are met:

    • (i) the person who damages, destroys, removes or disturbs that nest provided a written notice to the Minister a number of months beforehand that corresponds to the number of months set out in column 3 of the relevant Table to that Schedule for the species, and

    • (ii) the nest has not been used by migratory birds since the notice was received by the Minister.

Marginal note:Prohibition — baiting

• 6 (1) A person must not deposit bait in an area set out in Schedule 3 during the period beginning 14 days before the first day of the first open season after July 1 of a calendar year for the area and ending on the last day of the last open season before July 1 of the following year for that area.

• Marginal note:Exception — authorization

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

  • (a) obtain, with respect to a given period, the consent in writing of

    • (i) every landowner, lessee, tenant and occupant whose land is located within 400 m of that place,

    • (ii) the Minister, and

    • (iii) the chief provincial wildlife officer or a provincial game officer who is authorized by that chief provincial wildlife officer to give the consent; and

  • (b) post at locations that are 400 m from the place bait is deposited signs whose type and wording comply with the Minister’s instructions.

• Marginal note:Exception — banding

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

• Marginal note:Exception — other scientific purposes

  (4) Despite subsections (1) and (2), a 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.

• Marginal note:Sign

  (5) A person who engages in baiting in accordance with subsection (3) or (4) must post a sign at the place where bait is deposited that is of a type and wording specified in the permit and that indicates the number of the scientific permit.

Marginal note: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.

• Marginal note: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.

Marginal note: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 authority of the Minister or a game officer.

• Marginal note:Signs related to bait

  (2) A person must not destroy, damage, alter or remove a sign that has been placed in accordance with paragraph 6(2)(b) or subparagraph 61(2)(d)(i) or 62(2)(d)(i) or that designates a lure crop area or a lure station area.

Marginal note: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.

Marginal note:Possession of birds and nests

• 10 (1) A person may have in their possession, for the purpose of shipping, 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.

• Marginal note:Shipping of birds and nests

  (2) A person who has in their possession a migratory bird or a nest under subsection (1) must ensure that it is packaged and that the exterior of the package is clearly marked with

  • (a) the number of any permit under which the bird was killed, captured or taken or the nest was removed;

  • (b) the full name and contact information of the permit holder and of the current owner of the bird or nest; and

  • (c) an accurate statement of the contents of the package.

Temporary Possession

Marginal note:Possession without permit

• 11 (1) A person may, without a permit, temporarily have in their possession

  • (a) a migratory bird that is found dead, for the purpose of disposing of it according to applicable law, delivering it to a lab for analysis as soon as the circumstances permit or analyzing it in a lab;

  • (b) an injured migratory bird, for the purpose of delivering it as soon as the circumstances permit to the holder of a scientific permit referred to in section 75 that was issued for the purpose of rehabilitation; and

  • (c) an uninjured migratory bird that faces an immediate threat to its life, for the purpose of temporarily providing assistance to it.

• Marginal note:Non-application to eggs

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

Permits

Marginal note:Issuance by Minister

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

  • (a) a migratory game bird hunting permit referred to in section 30;

  • (b) the following damage or danger permits:

    • (i) a scaring or killing permit referred to in section 65,

    • (ii) an egg or nest destruction permit referred to in section 70,

    • (iii) a relocation permit referred to in section 71; and

  • (c) an airport permit referred to in section 72;

  • (d) a scientific permit referred to in section 75;

  • (e) an aviculture permit referred to in section 76;

  • (f) a taxidermist permit referred to in section 77;

  • (g) an eiderdown commerce permit referred to in section 80; and

  • (h) a charity permit referred to in section 82.

• Marginal note:Application for permit

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

  • (a) subject to subsection 32(1), pay the fee set out in column 2 of Schedule 2 for that permit, if any; and

  • (b) provide the Minister with all the information that the Minister may require respecting the purpose for which the permit is to be used.

Marginal note:Conditions

• 13 (1) The Minister may set out in a permit conditions respecting

  • (a) the species of migratory birds the permitted activity relates to and the periods of time and the areas in which the permitted activity can take place;

  • (b) the care, release, scaring, capture, killing or disposal of migratory birds;

  • (c) the taking, relocation, handling and disposal of eggs;

  • (d) the removal, relocation, handling and disposal of nests; and

  • (e) the maintenance of records and provision of information to the Minister with respect to activities conducted in accordance with the permit.

• Marginal note:Gift of migratory bird

  (2) Every permit is subject to the condition that the holder must not give away 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 unless the Minister indicates on the permit that such a gift is authorized.

• Marginal note: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:

  • (a) sell or exchange them for ornamental use or hat-making; or

  • (b) give them for ornamental use or hat-making unless the recipient of the gift may exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 to use the feather in that way.

Marginal note:Invalidity

14 No permit is valid

• (a) in the case of permits other than migratory game bird hunting permits, if it is not signed by the individual to whom it is issued or, if it is not issued to an individual, by a representative of the person to whom it is issued;

• (b) after it is cancelled or during the period it is suspended, unless it is reissued in accordance with subsection 15(3); or

• (c) if it expires in accordance with section 16 or 33.

Marginal note:Powers of the Minister — permits

• 15 (1) The Minister may

  • (a) refuse to issue a permit to any person;

  • (b) cancel a permit if the Minister has reasonable cause to believe that the person to whom it was issued has provided false, misleading or incomplete information to the Minister or failed to comply with any condition of the permit; or

  • (c) cancel, amend or suspend any permit for the purposes of the conservation or propagation of migratory birds.

• Marginal note: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.

• Marginal note:Cancellation, amendment or suspension of permit

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

  • (a) if the circumstances which led to the cancellation, amendment or suspension are rectified; or

  • (b) if the person to whom the permit was issued is not provided with the opportunity to be heard within 30 days after the date of the cancellation, amendment or suspension.

Marginal note:Expiry

16 Every permit, other than a migratory game bird hunting permit referred to in section 30, 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.

Marginal note:Reports

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

Marginal note:Gift of feathers — permit

• 18 (1) Subject to paragraph 13(3)(b), a person who has in their possession migratory bird feathers, other than eiderdown, under a permit may give those feathers to another person for educational, social, cultural or spiritual purposes.

• Marginal note:Possession

  (2) A recipient of a gift of feathers that were obtained under subsection (1) has the right to have the feathers in their possession.

Powers of the Minister to Vary the Application of the Regulations

Marginal note:Periods or limits

• 19 (1) If the Minister considers it necessary for the conservation of migratory game birds or murres, the Minister may take one or more of the following measures to vary the application of these Regulations in an area referred to in Schedule 3:

  • (a) alter open seasons, daily bag limits, or possession limits in the area; and

  • (b) prohibit hunting of a species of migratory game bird or murre in the area.

• Marginal note:Restriction — varying section 21

  (2) However, the Minister must not use the power referred to in subsection (1) to require that individuals exercising a right referred to in section 21 hunt only during an open season, to impose a daily bag limit or possession limit on those individuals or to prohibit them from hunting a species of migratory game bird or murre unless using the power with respect to the holders of the migratory game bird hunting permits referred to in section 30 is insufficient to achieve the conservation of those migratory game birds or murres.

• Marginal note: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.

• Marginal note:Notice

  (4) If the Minister uses the power referred to in subsection (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 website.

• Marginal note:Duration

  (5) The application of these Regulations is varied during the period beginning on the day on which the notice is posted and ending on July 31 next following that day or on any earlier date fixed by the Minister.

• Marginal note:Prohibition

  (6) If the Minister has altered the open season, the daily 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,

  • (a) hunt except during the open season established by the Minister;

  • (b) kill or take, in any one day, a number of migratory game birds or murres of any species or group of species that exceeds the daily bag limit established by the Minister; or

  • (c) have in their possession a number of migratory game birds or murres of any species or group of species in excess of the possession limit established by the Minister.

• Marginal note: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).

Marginal note:Urgent action

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

• Marginal note:Notice

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

• Marginal note:Duration of suspension

  (3) The application of these Regulations is varied or suspended during the period beginning on the day on which the notice is posted until the first anniversary of that day or any earlier date fixed by the Minister.

Section 35 of the Constitution Act, 1982

Marginal note: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 daily bag limit or a possession limit.

• Marginal note: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 migratory birds and harvest their eggs without a permit and without being subject to a limit as to open seasons, a daily bag limit or a possession limit.

Marginal note:Right to exchange

• 22 (1) 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 such a right is authorized to do so.

• Marginal note:Gift for taxidermy, consumption or training

  (2) An individual who has in their possession a migratory game bird under a right recognized and affirmed by section 35 of the Constitution Act, 1982 may give it to another person for the purpose of taxidermy, human consumption (including for charitable purposes) or training dogs as retrievers.

• Marginal note:Gift to charity permit holder

  (3) However, the individual must preserve a migratory game bird before giving it to the holder of a charity permit.

• Marginal note:Possession

  (4) Subject to the limits on the possession of migratory game birds set out in section 46 or subsection 51(1), the recipient of such a gift has the right to have it in their possession.

Marginal note:Gift, sale or exchange of feathers

• 23 (1) An individual who has in their possession migratory bird feathers under a right recognized and affirmed by section 35 of the Constitution Act, 1982 may

  • (a) give, sell or exchange those feathers for a functional purpose; and

  • (b) give those feathers to another person for educational, social, cultural or spiritual purposes.

• Marginal note:Buying and possession

  (2) A person may

  • (a) buy feathers that are sold in accordance with paragraph (1)(a) or exchange things for feathers that are exchanged in accordance with that paragraph; and

  • (b) have in their possession any feathers obtained in accordance with subsection (1).

• Marginal note:Restriction

  (3) This section does not authorize giving, selling or exchanging feathers for ornamental or hat-making purposes, unless the person who obtains the feathers may exercise a right recognized and affirmed by section 35 of the Constitution Act, 1982 to use the feathers for such purposes.

Marginal note:Rights held by a collectivity

24 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 section 21 or 22, a requirement to record the name of the collectivity holding that right.

PART 2Hunting Migratory Game Birds

Application

Marginal note:Scope

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

• (a) a migratory game bird hunting permit referred to in section 30 and described in Part 3; or

• (b) permits other than a migratory game bird hunting permit.

Marginal note:Migratory game birds including murres

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

Prohibitions

Marginal note:Unauthorized hunting

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

• Marginal note:General hunting licence

  (2) Subject to the laws of the territory in which the hunt takes place, the holder of a general hunting licence referred to in the Wildlife Act of the Northwest Territories, S.N.W.T. 2013, c. 30, or the Wildlife Act of Nunavut, S.Nu. 2003, c. 26, as those Acts are amended from time to time, may, within the relevant territory, without a migratory game bird hunting permit, hunt migratory game birds and have in their possession the birds they have hunted.

Marginal note:Hunting out of season

• 28 (1) A person must not hunt a species of migratory game bird in an area referred to in Schedule 3 except during the period beginning on the first day of any open season for that area and that species and ending on the last day of that season.

• Marginal note:Open season on certain land

  (2) If column 4 of Table 1 or Table 2 of any Part of Schedule 3 indicates that an open season applies only on certain land in an area set out in column 1, a person must not hunt a species of migratory game bird set out in column 2 during the open season except on that land.

• Marginal note:Hours hunting is prohibited

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

  • (a) north of 60° north latitude during the period commencing one hour after sunset on any day and ending one hour before sunrise on the next day; or

  • (b) south of 60° north latitude during the period commencing half an hour after sunset on any day and ending half an hour before sunrise on the next day unless otherwise specified in Schedule 3.

Marginal note:Restrictions with respect to Sandhill Cranes

29 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

Marginal note:Hunting for human consumption

• 30 (1) A migratory game bird hunting permit allows the holder to hunt, primarily for human consumption, migratory game birds other than eggs and to have in their possession the birds they hunted.

• Marginal note:Exception — murres

  (2) A migratory game bird hunting permit does not allow its holder to hunt a murre or to have one in their possession 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.

Marginal note:Habitat conservation stamp

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

• Marginal note:Fee for stamp

  (2) Subject to subsection 32(1), a person who applies for a migratory game bird hunting permit set out in item 1, column 1, of Schedule 2 must also pay the fee for the habitat conservation stamp set out in item 9, column 2 of Schedule 2.

• Marginal note:Validity

  (3) The habitat conservation stamp is valid for the period of validity of the permit on which it appears.

Marginal note:Hunting by minors

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

• Marginal note:Must be accompanied

  (2) A minor who holds a permit referred to in subsection (1) must not hunt migratory game birds unless they are accompanied by an individual who

  • (a) is the holder of a migratory game bird hunting permit;

  • (b) has held such a permit in a previous year; and

  • (c) is not a minor.

• Marginal note:Number of minors accompanied

  (3) The accompanying individual must not accompany at any one time more than two minors who hold a permit referred to in subsection (1).

Marginal note:Permit expiry

33 A migratory game bird hunting permit expires on June 30 following the date of issue.

Marginal note:Obligation to have permit on person

• 34 (1) The holder of a migratory game bird hunting permit must have the permit on their person while they are

  • (a) hunting; or

  • (b) in a place other than their primary or habitual residence and in possession of a migratory game bird that is not preserved, or any murre, that was hunted under the permit.

• Marginal note:Must show permit

  (2) The permit holder must show the permit to a game officer immediately on request.

Marginal note:Invalidity of permit after guilty finding

• 35 (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

  • (a) section 5.1 of the Act;

  • (b) sections 9 or 34, subsection 48(2), section 78, subsection 79(1) or (2) or section 81 of these Regulations; or

  • (c) the following provisions, if the offence is in respect of migratory birds or their eggs that are used for avicultural purposes:

    • (i) section 5 of the Act, or

    • (ii) paragraph 5(1)(a) or subsection 76(3), (4) or (7) of these Regulations.

• Marginal note:Prohibition — application for permit

  (2) Subject to any court order made under subsection 16(1) of the Act, a person who has been found guilty of an offence under the Act other than an offence referred to in paragraphs (1)(a) to (c) must not, during a 12-month period beginning on the day that guilty finding is made, apply for a migratory game bird hunting permit unless they have first obtained the Minister’s permission to do so.

Hunting Methods and Equipment

Marginal note:Prohibition – hunting where baiting has occurred

• 36 (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 subsection 6(3) or (4) or an aviculture permit.

• Marginal note:Clarification

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

  • (a) an area of standing crops, whether or not it is flooded;

  • (b) an area of harvested cropland that is flooded;

  • (c) an area where crops have been harvested and placed in upright sheaves for drying in a field where they grew; and

  • (d) an area where grain is scattered solely as a result of normal agricultural or harvesting operations.

Marginal note:Authorized weapons

• 37 (1) A person must not hunt migratory game birds except with

  • (a) a bow that has a minimum draw weight of 18 kg and an arrow with a broadhead that has at least two sharp blades and is a minimum of 22 mm wide;

  • (b) a crossbow that has a minimum draw weight of 45 kg and a bolt with a broadhead that has at least two sharp blades and is a minimum of 22 mm wide; or

  • (c) a shotgun not larger than number 10 gauge that either

    • (i) is designed to be capable of holding no more than three cartridges, or

    • (ii) has had its capacity reduced to three cartridges in the magazine and chamber combined, by means of the cutting off or the altering or plugging of the magazine with a one-piece metal, plastic or wood filler that cannot be removed unless the gun is disassembled.

• Marginal note:Prohibition — cartridges and detachable magazine

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

  • (a) a shotgun that is holding more than three cartridges; or

  • (b) a detachable magazine capable of holding more than two cartridges.

• Marginal note:Prohibition — possession of shotguns

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

  • (a) more than one shotgun, unless each additional shotgun is unloaded and either disassembled or kept in a closed case; or

  • (b) a shotgun other than one referred to in paragraph (1)(c).

• Marginal note:Prohibition — single projectile

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

• Marginal note:Exception

  (5) Despite subsection (1), paragraph (3)(b) and subsection (4), a person may, in the following circumstances, hunt a migratory game bird using a rifle of a calibre of not more than 0.22 inches or a shotgun loaded with a cartridge containing a single projectile and have such a rifle or shotgun in their possession in the hunting area:

  • (a) the migratory game bird is hunted in a location that is in the Northwest Territories by a resident of that territory who may hunt migratory game birds in that location without a migratory game bird hunting permit referred to in section 30; or

  • (b) the migratory game bird is hunted in a location that is in Quebec and north of 50° north latitude by a resident of that province who may hunt migratory game birds in that location without a migratory game bird hunting permit referred to in section 30.

Marginal note:Non-toxic shot

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

  • (a) while having in their possession in the hunting area shot other than non-toxic shot; or

  • (b) using shot other than non-toxic shot.

• Marginal note:Exception for certain species

  (2) Subsection (1) does not apply to hunting American Woodcock, Band-tailed Pigeon, Murres or Eurasian Collared-Dove.

• Marginal note:Exception — Mourning Dove

  (3) Subsection (1) does not apply to hunting Mourning Dove in British Columbia.

• Marginal note:Definition — non-toxic shot

  (4) For the purpose of this section, non-toxic shot means any shot composed, by weight, of

  • (a) up to 100% iron, tungsten, tin or bismuth, alone or in any combination of those substances;

  • (b) not more than 45% copper;

  • (c) not more than 40% nickel;

  • (d) not more than 7% Nylon 6, Nylon 11 or ethylene methacrylic acid copolymer, alone or any combination of those substances; and

  • (e) not more than 1% all other substances combined.

Marginal note:Prohibition — birds and electronic bird calls

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

  • (a) live birds, including non-migratory birds; or

  • (b) electronic bird calls, except in an area that is set out in column 1 of Table 2 in the relevant Part of Schedule 3 for which the use of an electronic bird call is set out in column 6.

• Marginal note: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 a person may hunt using raptors.

Vehicles

Marginal note:Prohibition — aircraft and motorized land vehicles

• 40 (1) Subject to subsection (2), a person must not hunt a migratory game bird from or using an aircraft or a motorized land vehicle.

• Marginal note:Exception — mobility-impaired person

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

• Marginal note:Definition — mobility-impaired person

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

  • (a) if the hunting occurs in a province with laws allowing mobility-impaired persons to hunt from a stationary vehicle, is authorized to do so under those laws; or

  • (b) if the province has no such laws, holds a medical certificate that

    • (i) is signed by a medical practitioner lawfully entitled to practise medicine in any province,

    • (ii) attests that the individual’s mobility impairment is due to a condition that is not temporary and that severely limits the use of their legs, including being paraplegic, being hemiplegic, being dependent on a wheelchair to move about, having prostheses on both legs or having a leg amputated above the knee, and

    • (iii) attests that the medical practitioner has no medical reason to believe that the individual is incapable of competently operating the weapon that they use to hunt.

Marginal note:Prohibition — moving boats

• 41 (1) Subject to subsection (2), a person must not hunt a migratory game bird from or using a moving boat that is equipped with a motor or a sail.

• Marginal note:Exception — murres

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

• Marginal note:Clarification — 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.

• Marginal note:Moving

  (4) For the purpose of this section, a boat is considered to be moving if it continues to move because of motion that was imparted by its motor or its sails.

Retrieving Migratory Game Birds

Marginal note:Means for retrieval

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

• Marginal note: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.

• Marginal note: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

Marginal note:Prohibition

• 43 (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 as set out in column 5 of Table 1 or, if applicable, of Table 2 of any Part of Schedule 3.

• Marginal note:Hunting in multiple areas

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

• Marginal note: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 the migratory game bird hunting permit holder who accepts to keep it, whether or not that permit holder hunted that bird.

Marginal note:Prohibition — daily bag limit reached

44 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 43.

Possession

Marginal note:Fully-feathered wing or head

45 A migratory game bird that is eviscerated and plucked in accordance with paragraph (a) of the definition preserved in subsection 1(1) 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 as described in that paragraph.

Marginal note:Possession limit

• 46 (1) Subject to subsection (3), a person must not have in their possession in any area at any time, a number of migratory game birds of a given species or group of 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 set out in column 3 of Table 1 or, if applicable, of Table 2 of any Part of Schedule 3.

• Marginal note:Possession limit for murres

  (2) A person must not have in their possession in any area at any time, a number of murres that were killed or taken under a migratory game bird hunting permit that is in excess of the possession limit for murres for that area.

• Marginal note:Exception — multiple areas

  (3) For an individual who has in their possession migratory game birds that are not preserved, or any murres, that were hunted in one or more areas set out in Table 1 or, if applicable, in Table 2 of one or more Parts of Schedule 3, other than the one in which the individual is located, the possession limit that applies for the purposes of subsection (1) or (2) is the greater of the possession limit for the area in which the birds were hunted and the possession limit for the area in which the individual is located.

• Marginal note:Birds from other provinces

  (4) Subsection (3) does not apply to an individual who hunted in an area that is in a province other than the one in which they are located unless they have on their person proof that they are authorized to hunt under provincial law in the area where the bird was hunted.

• Marginal note:Gift of birds

  (5) For the purposes of subsection (1) or (2), a migratory game bird that is not preserved, or any murre, that is given is counted towards the possession limit of the recipient of the gift once they accept it.

Marginal note:No longer counted

47 A migratory game bird is no longer counted towards an individual’s possession limit referred to in subsection 46(1) or (2) when they

• (a) give it to another person, if the gift is accepted in accordance with subsection 46(5); or

• (b) in the case of a migratory bird that is not a murre, preserve it.

Marginal note:Temporary third-party possession

• 48 (1) Any person may temporarily have in their possession a migratory game bird on behalf of the owner.

• Marginal note:Exception

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

Marginal note:Murre or unpreserved game bird

• 49 (1) For the purposes of section 46, a migratory game bird that is not preserved, or any murre, that is possessed under subsection 48(1) counts towards the owner’s possession limit, and not towards the possession limit of the person who temporarily has it in their possession.

• Marginal note:Restriction respecting murres

  (2) The number of unpreserved murres that belong to other persons that a person temporarily has in their possession must not be greater than twice the daily bag limit referred to in section 43.

Marginal note:Prohibition — transfer of possession

• 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.

• Marginal note:Labelling obligation of possessor

  (2) A person who has in their possession a migratory game bird that is not preserved and that was taken under a migratory game bird hunting permit referred to in section 30 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.

• Marginal note: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 recipient may also exercise such a right.

• Marginal note:Individual or group labelling

  (4) For the purposes 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).

• Marginal note:Label requirements

  (5) The label must

  • (a) indicate

    • (i) the full name and contact information of the individual who took the bird,

    • (ii) the date the bird was taken, and

    • (iii) the number of the migratory game bird hunting permit under which the bird was taken; and

  • (b) be signed by the individual who took the bird.

• Marginal note: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.

Marginal note:Training retriever dogs

• 51 (1) Section 46 does not apply to a person who is registered as a dog trainer with the Minister and who has in their possession migratory game birds, other than murres, for the purpose of training dogs as retrievers. However, the person must not have in their possession more than 200 migratory game birds that are not preserved and that were taken under a right recognized and affirmed by section 35 of the Constitution Act, 1982, a migratory game bird hunting permit referred to in section 30, a provincial killing permit that is referred to in section 64 or a scaring or killing permit that is referred to in section 65.

• Marginal note:Exception — species at risk

  (2) However, the registered person must not have in their possession a migratory game bird that is of a species listed in Schedule 1 to the Species at Risk Act.

• Marginal note:Location of storage

  (3) The registered person must store the migratory game birds in the location specified to the Minister at the time of registration, except when they are being used for dog training.

• Marginal note:Expiry

  (4) The registration expires on July 31 next following the date of registration.

• Marginal note:Records

  (5) A registered person must keep records showing, in respect of the dead migratory game birds in their possession,

  • (a) the name of each species and the number of birds belonging to each species; and

  • (b) the full name and contact information of the individual who took each migratory game bird and the number of the permit under which it was taken.

• Marginal note:Exception — labelling

  (6) Subsection 50(1) does not apply in respect of a gift to a registered person and subsection 50(2) does not apply to such a person.

Marginal note:Fully feathered wing or head

• 52 (1) A person must not have in their possession or transport a migratory game bird that is not preserved and that was killed or taken under a migratory game bird hunting permit referred to in section 30 unless at least one fully feathered wing or the fully feathered head is attached to the bird to allow its species to be identified.

• Marginal note: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 its species to be identified.

Marginal note:Feathers

• 53 (1) The holder of a migratory game bird hunting permit may give, sell or exchange the feathers of a migratory game bird that they have in their possession under that permit for a functional purpose.

• Marginal note:Buying and possession

  (2) Any person may

  • (a) buy feathers that are sold in accordance with subsection (1) or exchange things for feathers that are exchanged in accordance with that subsection; and

  • (b) have in their possession any feathers obtained in accordance with subsection (1).

Marginal note:Gift for taxidermy, consumption or training

• 54 (1) An individual who hunts a migratory game bird under a migratory game bird hunting permit may give the bird to another person for the purpose of taxidermy, human consumption (including for charitable purposes) or training dogs as retrievers.

• Marginal note:Gift to charity permit holder

  (2) However, the individual must preserve a migratory game bird before giving it to the holder of a charity permit.

• Marginal note:Possession

  (3) Subject to the limits on the possession of migratory game birds set out in section 46 or subsection 51(1) the recipient of such a gift has the right to have it in their possession.

Marginal note:Prohibition — abandoning

• 55 (1) A person who has in their possession a migratory game bird whose meat is fit for human consumption must not allow the meat

  • (a) subject to subsection 9(4) of the Act, to be abandoned; or

  • (b) to become inedible for humans.

• Marginal note:Gift

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

• Marginal note: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.

Marginal note:Private conveyance

56 Sections 10 and 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.

PART 3Overabundance, Damage and Danger

Interpretation

Marginal note:Definition of resident

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

Application

Marginal note: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

Marginal note:Permit

• 59 (1) A migratory game bird hunting permit referred to in section 30 allows the permit holder to kill, take and have in their possession birds of an overabundant species, but not the eggs of such birds.

• Marginal note:Areas and periods

  (2) Subsection (1) only permits birds to be killed in the areas set out in column 1 of Table 2 of any Part of Schedule 3 and during the open seasons set out in column 4.

Marginal note:Part 2 provisions that apply

• 60 (1) Sections 28, 31, 32, 34, 38 and 42 to 56 apply to an individual who kills a bird of an overabundant species.

• Marginal note:Methods and equipment

  (2) Subject to sections 61 and 62, the prohibitions on hunting methods and equipment set out in sections 36, 37 and 39 to 41 apply to an individual who kills a bird of an overabundant species, unless the bird is killed in an area set out in column 1 of Table 2 in the appropriate Part of Schedule 3 during an open season set out in column 4 for which that hunting method or equipment is set out in column 6.

• Marginal note:Hunting using electronic calls

  (3) Despite section 39, an individual who is attempting to kill birds of an overabundant species using electronic bird calls of that species set out in column 6 of Table 2 of the appropriate Part of Schedule 3 during the open season set out in column 4 may, in an area set out in column 1, hunt migratory game birds of a species of migratory game birds that is not overabundant for which it is the open season.

Marginal note:Depositing bait in spring — Quebec

• 61 (1) The prohibition on hunting using bait set out in section 36 applies to an individual who kills migratory game birds of an overabundant species, unless the killing takes place on a parcel of land in an area of Quebec set out in column 1 of Table 2 of Part 5 of Schedule 3 for which the method and equipment set out in column 6 indicate that killing using bait is permitted during the open season set out in column 4 and, at least 30 days before the bait is deposited, the Minister consents in writing to the depositing of bait and the killing of birds of an overabundant species as set out in column 2 on that parcel of land.

• Marginal note:Conditions

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

  • (a) letters of agreement, signed by the holder of a migratory game bird hunting permit and by the owners, lessees, tenants and occupants of the parcel of land on which the bait is to be deposited, in which those owners, lessees, tenants and occupants give their consent to the killing of birds by hunting on the parcel of land during the period set out in the letters and to the depositing of bait on the parcel of land for that purpose;

  • (b) a map of the parcel of land that clearly indicates its location and dimensions and the places where bait is to be deposited;

  • (c) information that specifies the type of crop that is being or was most recently grown on the parcel of land, if any; and

  • (d) an undertaking in writing from the permit holder referred to in paragraph (a) that they will

    • (i) ensure that, before bait is deposited on the parcel of land, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister,

    • (ii) ensure that at least 1 000 kg of bait is deposited on the parcel of land, and

    • (iii) provide the Minister, within 21 days after the end of the open season set out in column 4 of Table 2 of Part 5 of Schedule 3 during which the killing took place, with a written report specifying the days on which the killing took place, the number of migratory game bird hunting permit holders involved and the number of birds of each species set out in column 2 that were killed on each day.

• Marginal note: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).

Marginal note:Killing near cut crops in fall — Quebec

• 62 (1) The prohibition set out in section 36 applies to an individual who kills birds of an overabundant species of migratory game birds in Quebec unless

  • (a) the bird is killed in an area referred to in column 1 of Table 2 of Part 5 of Schedule 3 for which killing using bait is set out in column 6;

  • (b) the bait that has been deposited is crops that are cut and left on the ground; and

  • (c) at least 30 days before the birds are killed, the Minister consented in writing to the killing of birds of that overabundant species within a radius of 400 m from the place where the bait has been deposited.

• Marginal note:Conditions

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

  • (a) letters of agreement, signed by the holder of a migratory game bird hunting permit and by the owners, lessees, tenants and occupants of the land within a radius of 400 m of the place where crops are cut and left on the ground in which those owners, lessees, tenants and occupants indicate that they are aware that hunting migratory game birds, other than birds of an overabundant species, is prohibited within the radius and give their consent to the killing of birds by hunting of an overabundant species within that radius during the period set out in the letters;

  • (b) a map of the place where crops are cut and left on the ground that clearly indicates its location and dimensions;

  • (c) the type of crop that is being cut and left on the ground; and

  • (d) an undertaking in writing from the permit holder referred to in paragraph (a) that they will

    • (i) ensure that, before birds are killed within that radius, signs whose type and wording comply with the Minister’s instructions are posted in locations that are satisfactory to the Minister, and

    • (ii) provide the Minister, within 21 days after the end of the open season set out in column 4 of Table 2 of Part 5 of Schedule 3, with a written report specifying the days on which birds were killed, the number of hunters involved and the number of birds of each species set out in column 2 of that Table that were killed on each day.

• Marginal note: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

Marginal note: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.

• Marginal note: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.

Marginal note: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 other 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.

• Marginal note:Possession

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

• Marginal note:Cancellation

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

Marginal note:Federal scaring or killing permit

• 65 (1) The Minister may issue a scaring or killing permit only to a person who

  • (a) owns, leases or manages a parcel of land;

  • (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land; or

  • (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land for public utilities or public infrastructure.

• Marginal note: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 have in their possession migratory birds killed under its authority.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Obligations after expiry or cancellation

  (5) A person to whom a permit was issued must, within 15 days after its expiry or cancellation,

  • (a) return it to the Minister; and

  • (b) report to the Minister any information with respect to the birds killed under its authority that the Minister requires.

• Marginal note: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 in the permit ceases to be valid when that crop is harvested.

Marginal note:Fully feathered wing or head

• 66 (1) A person must not have in their possession a migratory bird that is not preserved and that was killed under a provincial killing permit that is referred to in section 64 or a scaring or killing permit that is referred to 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.

• Marginal note: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 its species to be identified.

Marginal note:Gift for consumption, taxidermy or training

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

  • (a) the bird was killed under the permit; and

  • (b) the bird is of a species that may be hunted under a migratory game bird hunting permit in any area set out in column 1 of Table 1 or Table 2 of any Part of Schedule 3.

• Marginal note:Gift to charity permit holder

  (2) However, the holder of a permit referred to in subsection (1) must preserve a migratory game bird before giving it to the holder of a charity permit.

• Marginal note:Possession

  (3) Subject to the limit on the possession of unpreserved migratory game birds set out in section 46 or subsection 51(1), the recipient of such a gift has the right to have it in their possession.

Marginal note:Prohibition — giving without label

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

• Marginal note:Prohibition — unlabelled birds

  (2) A person must not have in their possession 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.

• Marginal note: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).

• Marginal note:Label requirements

  (4) The label must

  • (a) indicate

    • (i) the full name and contact information of the permit holder,

    • (ii) the date the bird was killed, and

    • (iii) the number of the permit under which the bird was killed; and

  • (b) be signed by the holder of the permit under which the bird was killed.

• Marginal note: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.

• Marginal note:Exception — labelling

  (6) This section does not apply if the migratory bird is given to a person who is registered as a dog trainer referred to in section 51.

Marginal note:Prohibition

• 69 (1) A holder of a permit referred to in section 64 or 65 must not do any of the following:

  • (a) if the permit was issued to prevent damage to crops, shoot migratory birds elsewhere than on or over fields containing those crops;

  • (b) discharge firearms within 50 m of any body of water;

  • (c) use decoys or bird calls to attract migratory birds; or

  • (d) use blinds or other concealment.

• Marginal note:Definition of decoy

  (2) For the purposes 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.

Marginal note:Permit to destroy eggs or nests

• 70 (1) An egg or 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 the species of migratory birds specified in the permit in an area described in that permit and subject to the conditions of that permit, and to dispose of the eggs or nests in the manner provided in the permit.

• Marginal note:Conditions

  (2) The Minister may issue an egg or nest destruction permit only if the Minister has reason to believe that the destruction of the eggs or 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.

• Marginal note:Eligible permit holder

  (3) An egg or nest destruction permit may be issued only to a person who

  • (a) owns, leases or manages a parcel of land that is situated in the area described in the permit;

  • (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land that is situated in that area; or

  • (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land that is situated in that area for public utilities or public infrastructure.

Marginal note: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

  • (a) the capture of migratory birds, the taking of eggs and the removal of nests in an area described in the permit;

  • (b) the transport of those migratory birds, eggs and nests to the other area described in the permit; and

  • (c) the release of those migratory birds, and the placement of those eggs and nests, in that other area.

• Marginal note:Conditions

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

  • (a) the relocation of birds, eggs and nests is necessary to prevent or reduce

    • (i) the danger that migratory birds are causing or are likely to cause to human health or to public safety in one or more areas, or

    • (ii) the damage that migratory birds are causing or are likely to cause to the use of the land or to agricultural interests; and

  • (b) other means are not sufficient to prevent or reduce the danger or damage.

• Marginal note:Eligible permit holder

  (3) A relocation permit may be issued only to a person who

  • (a) owns, leases or manages a parcel of land that is situated in the area described in the permit from which the birds are captured, the eggs are taken or the nests are removed;

  • (b) holds or is the authorized representative of a person who holds an easement, real servitude, right-of-way or licence of occupation in respect of a parcel of land that is situated in that area; or

  • (c) has or is the authorized representative of a person who has rights under the laws of a province to use a parcel of land that is situated in that area for public utilities or public infrastructure.

Danger to Aircraft

Marginal note: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.

• Marginal note:Possession

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

• Marginal note: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.

Toxic Shot

Marginal note:Prohibition

73 A holder of a permit referred to in section 64, 65 or 72 must not use or have in their possession any shot other than non-toxic shot, as described in section 38, for the purpose of scaring or killing birds in accordance with the permit.

PART 4Other Activities

Marginal note:Scope

74 This Part applies to the following permits:

• (a) scientific permits;

• (b) aviculture permits;

• (c) taxidermist permits;

• (d) eiderdown commerce permits; and

• (e) charity permits.

Marginal note: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.

• Marginal note:Powers of permit holder

  (2) A 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:

  • (a) capture, kill, injure or harass a migratory bird;

  • (b) destroy, take or disturb an egg;

  • (c) damage, destroy, remove or disturb a nest;

  • (d) deposit bait in any place during the period referred to in subsection 6(1), in accordance with subsections 6(3) to (5);

  • (e) exchange, give or have in their possession a migratory bird, egg or nest; and

  • (f) if they are authorized to capture and band a migratory bird, take birds that are killed as a result of normal banding operations or that are found dead.

• Marginal note:Nominees

  (3) The Minister may

  • (a) on the request of an applicant or a permit holder, add nominees to the permit; or

  • (b) remove nominees from the permit.

• Marginal note: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.

• Marginal note:Permit holder obligations

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

  • (a) have the permit on their person; and

  • (b) show the permit to a game officer immediately on request.

• Marginal note:Nominee obligations

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

  • (a) have a copy of the permit on their person; and

  • (b) show that copy to a game officer immediately on request.

• Marginal note:Records and information

  (7) The holder of a scientific permit must

  • (a) immediately after capturing, killing or taking a migratory bird, destroying, taking or disturbing an egg or damaging, destroying, removing or disturbing a nest, record the exact number of such birds, eggs or nests and their species; and

  • (b) record any additional information that the Minister requires.

• Marginal note:Report

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

• Marginal note: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.

Marginal note:Aviculture permit

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

  • (a) buy, sell, exchange, give or have in their possession live migratory birds or their eggs for avicultural purposes;

  • (b) subject to subsection (5), deposit bait to feed migratory birds that are bought, sold, exchanged, captured or possessed under the permit; and

  • (c) kill migratory birds that they possess under the permit for the purpose of human consumption but not for sale or any other purpose.

• Marginal note: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 so for avicultural purposes.

• Marginal note:Prohibition on killing by shooting

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

• Marginal note: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.

• Marginal note:Feeding birds

  (5) Despite subsections 6(1) and (2), the holder of an aviculture permit is authorized to deposit bait in order to feed the migratory birds possessed under that permit during the period referred to in subsection 6(1).

• Marginal note:Bait location

  (6) However, the permit holder must deposit the bait in a location that is specified in the permit and that is not visible to birds flying above the location.

• Marginal note:Obligations

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

  • (a) keep records that correctly show at all times

    • (i) the number and species of migratory birds in their possession,

    • (ii) the number and species of eggs in their possession, and

    • (iii) full details of all dealings in migratory birds, whether by sale, exchange, loan or gift, including the full name and contact information and the permit number of every person who receives those migratory birds; and

  • (b) on or before January 31 of the year following each calendar year in which they held a permit referred to in subsection (1), submit a report in writing to the Minister in respect of the calendar year for which the permit was issued, stating

    • (i) the number of migratory birds of each species they reared during that calendar year,

    • (ii) the number of migratory birds of each species they killed during that calendar year,

    • (iii) the number of live migratory birds of each species and the number of eggs of each species they sold during that calendar year together with the full name and contact information and the permit number of each person to whom those birds or eggs were sold,

    • (iv) the number of live migratory birds of each species and the number of eggs of each species they purchased during that calendar year together with the full name and contact information and the permit number of each person from whom those birds or eggs were purchased,

    • (v) the number of live migratory birds of each species and the number of eggs of each species they gave during that calendar year together with the full name and contact information and the permit number of each person to whom those birds or eggs were given,

    • (vi) the number of live migratory birds of each species and the number of eggs of each species in their possession at the end of that calendar year, and

    • (vii) any other information the Minister requires.

Marginal note:Taxidermist permit

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

Marginal note: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.

Marginal note:Records

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

  • (a) the name of each species and the number of birds and eggs belonging to each species;

  • (b) the date, place and other circumstances of the killing or taking of the birds and the taking of the eggs;

  • (c) the date on which the birds and eggs were received; and

  • (d) the full names and contact information of the owners of the birds and eggs, the permit numbers under which they were killed or taken and the persons from whom they were received by the taxidermist.

• Marginal note:Report

  (2) A person to whom a taxidermist permit is issued must submit an annual report to the Minister respecting the information referred to in subsection (1) or any other reports the Minister requires.

• Marginal note:Validity

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

Marginal note:Eiderdown commerce permit

80 An eiderdown commerce permit allows its holder, subject to the conditions of the permit, to collect or sell eiderdown or to have it in their possession.

Marginal note: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.

Marginal note:Charity permit

• 82 (1) A holder of a charity permit and any person nominated on the permit in accordance with subsection (2) may, subject to the conditions of the permit, serve preserved migratory game birds and murres at a charitable fundraising event related to migratory bird conservation or a soup kitchen, or give them to the clients of a food bank.

• Marginal note:Nominees

  (2) The Minister may

  • (a) on the request of an applicant or a permit holder, add nominees to the permit; or

  • (b) remove nominees from the permit.

• Marginal note:Fundraising

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

• Marginal note:Permit holder obligations

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

  • (a) keep records of the number of each species of preserved migratory game birds and murres received in each calendar year, the full name and contact information of the individual who took each migratory game bird or murre and the number of the permit under which it was killed; and

  • (b) if the preserved migratory game bird or murre was served as part of a charitable fundraising dinner, maintain until the first anniversary of the fundraiser records of all expenditures and revenues of the event and the manner in which the profits were used.

PART 5Consequential Amendments, Repeal and Coming into Force

Consequential Amendments

Migratory Birds Convention Act, 1994

Migratory Bird Sanctuary Regulations

83 [Amendments]

84 [Amendments]

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

85 [Amendments]

Canada National Parks Act

Wood Buffalo National Park Game Regulations

86 [Amendments]

87 [Amendments]

National Parks Wildlife Regulations

88 [Amendments]

Environmental Violations Administrative Monetary Penalties Act

Environmental Violations Administrative Monetary Penalties Regulations

89 [Amendments]

90 [Amendments]

Repeal

91 The Migratory Birds RegulationsFootnote ⁶ are repealed.

• Return to footnote ⁶C.R.C., c. 1035

Coming into Force

Marginal note:July 30, 2022

92 These Regulations come into force on July 30, 2022, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 2(Paragraph 12(2)(a) and subsections 31(2) and 32(1))Cost of Documents

	Column 1	Column 2
Item	Document	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