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Trespassing for the Purpose of Hunting or Fishing
Question: Is it illegal to hunt or fish on private property without written permission from the owner in Ontario?
Answer: Yes, hunting or fishing on private property in Ontario without the owner's consent is illegal under the Fish and Wildlife Conservation Act, SO 1997, c 41, and the Trespass to Property Act, RSO 1990, c T.21. Violations can result in fines, imprisonment, or loss of hunting privileges. Ensure you have proper permission to protect your legal rights. For expert guidance on such matters, contact DefendCharges.ca for a free consultation.
In Ontario, Is It Against the Law to Hunt of Fish On Private Property Without the Owner's WrittenPermission?
In Ontario, hunting on private property without the permission of the landowner is prohibited and can lead to legal repercussions such as a monetary penalty and/or imprisonment for those who violate the regulation.
Understanding Trespassing Laws Applicable to Hunting and Fishing on Private Property
Trespassing for the purpose of hunting is a serious offence in Ontario and is contrary to both the Trespass to Property Act, RSO 1990, c T.21, and the Fish and Wildlife Conservation Act, SO 1997, c 41. It is illegal to hunt on private property without the permission of the property owner. Trespassing for the purpose of hunting at nighttime may alo be a criminal offence and can result in significant fines and/or jail time. It is also a violation of the FWCA and can result in the loss of hunting privileges.
The TPA states that it is illegal to enter or remain on private property without the express consent of the owner. This includes hunting on private property, as well as entering private property to hunt on public land that is adjacent to the property.
Consent of Property Owner Required
The FWCA prohibits hunting on private property without the express consent of the owner. This includes hunting on private property, as well as entering private property to hunt on public land that is adjacent to the property. In addition to the fines and jail time associated with trespassing for the purpose of hunting, the FWCA also states that offenders may be required to pay restitution for any damage caused to the property. This includes damage to crops, trees, and other vegetation.
The Law
The offence of trespass to hunt is prescribed within Section 10 of the FWCA, wherein it is stated:
Trespassing
10(1) A person shall not,
(a) any person who is in lawful custody charged with or convicted of
(a) enter premises in contravention of the Trespass to Property Act for the purpose of hunting or fishing;
(b) enter premises in contravention of the Trespass to Property Act in possession of a firearm, fishing rod or other hunting or fishing device;
(c) engage in hunting or fishing in contravention of the Trespass to Property Act;
(d) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises for the purpose of hunting or fishing; or
(e) fail to leave premises in contravention of the Trespass to Property Act, if the person was on the premises in possession of a firearm, fishing rod or other hunting or fishing device.
Notice under Trespass to Property Act
(2) The Minister may authorize a person to give notice for the purposes of the Trespass to Property Act with respect to hunting or fishing on Crown land.
Interference with notice
(3) A person shall not interfere with any signs or markings that, under the Trespass to Property Act, give notice that,
(a) hunting or fishing is prohibited; or
(b) entry is prohibited for the purpose of hunting or fishing.
Parties of more than 12
(4) A person shall not enter private land in a party of more than 12 people without the express permission of the occupier if any of the members of the party possesses a firearm or other hunting device.
Land with crops
(5) A person shall not, for the purpose of hunting or fishing, enter or permit a dog to enter land on which any crop is growing or standing without the express permission of the occupier.
Crown land used for retention or propagation
(6) A person shall not enter Crown land used for the purpose of retaining wildlife or fish, propagating wildlife or culturing fish without the express permission of the Crown.
Railway lands
(7) Despite the Trespass to Property Act, the occupier of railway land,
(a) shall not prohibit hunting or fishing on the railway land and shall not prohibit entry to the railway land for those purposes; and
(b) shall not charge any fee for hunting or fishing on the railway land or for entry to the railway land for those purposes.
Exception
(8) Subsection (7) does not apply in the circumstances prescribed by the regulations.
Definitions
(9) In this section,
“occupier” has the same meaning as in the Trespass to Property Act; (“occupant”)
“railway land” includes all land set apart under any Act as a land subsidy or otherwise in aid of a railway or any works related to a railway. (“terres à usage ferroviaire”) 1997, c. 41, s. 10.
The offence of trespass to property is prescribed within Section 2 of the TPA, where it is stated:
Trespass an offence
2(1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,
is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1.
Colour of right as a defence
(2) It is a defence to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of. R.S.O. 1990, c. T.21, s. 2 (2).
Potential Penaties
Insert penalty section
Summary Comment
Trespassing for the purpose of hunting or fishing is a serious offence and should be avoided at all costs. It is important to remember that it is illegal to hunt or fish on private property without the express consent of the owner. It is also important to remember that if you are caught trespassing for the purpose of hunting or fishing, you may face significant fines and/or jail time.
