Amendments to O. Reg. 665/98 (Hunting) under the Fish and Wildlife Conservation Act, 1997 to update regulatory provisions to reflect current policies and standards and clarify wording to meet regulatory intent
Regulation - LGIC
Bill or Act:
Fish and Wildlife Conservation Act
Summary of Decision:
A decision was made to proceed with the proposal as described subject to changes made below as a result of public consultation:
the requirement for hunter orange on ground blinds during big game hunting was removed from the overall proposal.
The proposal was implemented by an amendment to O. Reg. 665/98 (Hunting) by O. Reg. 49/11. This regulation was filed by the Registrar of Regulations on March 4, 2011 and was published in the Ontario Gazette on March 19, 2011.
September 24, 2010
Summary of Proposal:
Ontario Regulation (O. Reg.) 665/98 (Hunting) made under the Fish and Wildlife Conservation Act has been in place for over ten years. Over that time a number of the provisions have been identified as needing updates. This regulation proposal is intended to provide these updates.
The following amendments are proposed to O. Reg. 665/98:
Updates to reflect current hunting equipment standards
Hunting equipment standards serve two purposes: facilitating enforcement of licence requirements, and establishing standards, based on current industry technology, to help ensure humane and ethical hunting practices. The proposal is to amend those sections in O. Reg. 665/98 that do not reflect current hunting technology, and therefore unduly restrict hunting activities.
The following amendments are a part of this proposed package:
1. New models of electronic muzzleloaders may not currently be used for big game hunting because they are not included in the terminology regarding muzzleloaders in the regulation. The current regulation specifies seasons for “flint-lock or percussion cap muzzle-loading” guns. The proposed change would simply reference “muzzle-loading” firearms and not specify the action types.
2. The current regulation uses technical references to ballistics that have no industry standard. The current reference in the regulation is the term “projectile power”; this term has no standard meaning or measurement in the industry. It is proposed to amend the regulation to use the term “muzzle energy”, which is an industry accepted term and is a measurable entity, and to set the standards for muzzle energy at a level that will achieve the same policy outcomes as the existing provision.
3. The current regulation is silent with respect to the requirements for hunters who may hunt big game using ground blinds. These blinds are essentially a form of pop-up tent which completely encloses a hunter. This results in rendering the safety provisions contained in the hunter orange clothing regulation virtually ineffective in these situations. This can be perceived as a significant safety issue. The proposed amendment would require hunters using these ground blinds in circumstances where the hunter orange provisions would apply to appropriately use hunter orange material on the exterior of these blinds.
Clarify wording in regulation to meet regulatory intent
1. Despite the fact that there are catch and possession limits for both snapping turtles and bullfrogs in the open seasons regulation, there is no offence in O. Reg. 665/98 for exceeding these limits. The proposed amendment would correct this oversight by creating an offence section in the regulation.
2. The current regulation is not clear on the requirements for an individual who may be categorized as a “deemed resident”. Generally, these are military and/or diplomatic officials and their families. The amendment is intended to provide greater clarity in the regulation so that it is consistent with existent program policy direction and interpretation.
3. The current regulation regarding hunting in provincial parks restricts persons in Long Point Provincial from possessing game wildlife that they may have hunted outside of the park in areas that are designated in the part of regulation entitled “Hunting in Parks”. The proposed amendment would permit the possession of game harvest in the special hunting areas.
July 1, 2011