06/15/2024
I know this is a long read, but if you want to know about the Fish and Wildlife Conservation Act and how it governs rehabbers, you might want to sit with a 'cuppa' and read through this. Some parts (as par for the course with government) are confusing or lead to 'nowhere'.
But, do take note of Section 44 (3) AND 46 (7)
PS these are the current laws - sometimes changing without notification (in fact all times) [Even Boomer is confused and mad at these rules] (pic)
Part III
LIVE WILDLIFE AND FISH
Wildlife in captivity
40 (1) A person shall not keep live game wildlife or live specially protected wildlife in captivity except under the authority of a licence and in accordance with the regulations. 1997, c. 41, s. 40 (1).
Exceptions
(2) Despite subsection (1), the following persons may keep live game wildlife or live specially protected wildlife in captivity without a licence:
1. A person who keeps game amphibians or game reptiles in captivity for the purpose of personal consumption.
2. A person who keeps in captivity for the purposes of personal education a single game reptile, game amphibian, specially protected mammal, specially protected reptile, specially protected amphibian or specially protected invertebrate, unless it belongs to a species that is listed on,
i. the Species at Risk in Ontario List under the Endangered Species Act, 2007, or
ii. the List of Wildlife Species at Risk under the Species at Risk Act (Canada).
3. A wildlife custodian who, in accordance with section 44, keeps injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them.
4. A person who does so in accordance with the authorization of the Minister.
5. A person who does so in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 5.
Hunting wildlife to keep in captivity
(3) A person shall not hunt or trap game wildlife or specially protected wildlife for the purpose of keeping it in captivity unless the person does so,
(a) in accordance with the authorization of the Minister; or
(b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 5.
(4) Repealed: 2012, c. 8, Sched. 16, s. 5.
Section Amendments with date in force (d/m/y)
Hunting animals in captivity
41 (1) A person shall not hunt or permit the hunting of,
(a) a farmed animal; or
(b) game wildlife, specially protected wildlife or any other wildlife prescribed by the regulations, if the wildlife is in captivity at the time it is hunted.
Exceptions
(2) Subsection (1) does not apply to the hunting of game birds in a game bird hunting preserve or in an area prescribed by the regulations.
Other exceptions
(3) Subsection (1) does not apply in the circumstances prescribed by the regulations. 1997, c. 41, s. 41.
Marking birds of prey
42 A person who keeps a specially protected raptor in captivity, or who keeps another bird of prey prescribed by the regulations in captivity, shall mark it in the manner prescribed by the regulations and shall keep the records prescribed by the regulations. 1997, c. 41, s. 42.
Wildlife in transit
43 Except as prescribed by the regulations, subsection 40 (1) and section 42 do not apply to wildlife that originated outside Ontario and is in Ontario temporarily in transit or in quarantine. 1997, c. 41, s. 43.
Wildlife custodians
44 (1) In this section,
“wildlife custodian” means a person who may, under subsection (2), keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them. 1997, c. 41, s. 44 (1); 2012, c. 8, Sched. 16, s. 6 (1).
Rehabilitation and care
(2) A person may keep injured, sick or immature game wildlife or specially protected wildlife in captivity for the purpose of rehabilitating or caring for them only if the person does so,
(a) in accordance with the authorization of the Minister; or
(b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 6 (2).
No remuneration
(3) A wildlife custodian is not entitled to any remuneration from the Minister. 1997, c. 41, s. 44 (3).
Wildlife not capable of release
(4) A wildlife custodian may kill injured, sick or immature game wildlife or specially protected wildlife that, in the custodian’s opinion, will not be capable of being released into the wild after appropriate care only if the wildlife custodian does so,
(a) in accordance with the authorization of the Minister; or
(b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 6 (3).
Surrender to Minister
(5) On the request of the Minister, a wildlife custodian shall surrender to the Minister any game wildlife or specially protected wildlife in the custodian’s possession, whether it is alive or dead, or shall dispose of it in such manner as the Minister may direct. 1997, c. 41, s. 44 (5).
Liability of Crown
(6) The Crown in right of Ontario is not liable for any act or omission of a wildlife custodian and no action or other proceeding for damages may be instituted against the Crown in right of Ontario for any loss arising from the act or omission of a wildlife custodian. 1997, c. 41, s. 44 (6).
Section Amendments with date in force (d/m/y)
Propagation of wildlife
45 (1) A person shall not propagate or offer to propagate game wildlife or specially protected wildlife, or possess it for the purpose of propagation, except under the authority of a licence and in accordance with the regulations. 1997, c. 41, s. 45 (1).
Exceptions
(2) Despite subsection (1), a person may, without a licence, propagate or offer to propagate game wildlife or specially protected wildlife, or possess it for the purpose of propagation, if the person does so,
(a) in accordance with the authorization of the Minister; or
(b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 7.
Section Amendments with date in force (d/m/y)
Release of wildlife
46 (1) A person shall not release a farmed animal and shall not release game wildlife or specially protected wildlife that is kept in captivity unless the person does so,
(a) in accordance with the authorization of the Minister; or
(b) in the circumstances prescribed by the regulations. 2012, c. 8, Sched. 16, s. 8 (1).
Escape
(2) A person who keeps a farmed animal or who keeps game wildlife or specially protected wildlife in captivity shall ensure that it does not escape. 1997, c. 41, s. 46 (2).
Obligations on escape or release
(3) If, despite subsection (1) or (2), a farmed animal or game wildlife or specially protected wildlife escapes or is released without authorization or in circumstances not permitted under subsection (1), the person who kept it in captivity,
(a) shall immediately notify the Minister; and
(b) unless otherwise directed by the Minister, shall return the farmed animal or wildlife to captivity or kill it as soon as practicable. 1997, c. 41, s. 46 (3); 2012, c. 8, Sched. 16, s. 8 (2).
Exceptions
(4) Subsection (3) does not apply to game wildlife or specially protected wildlife that was kept in captivity for the purpose of rehabilitation or care under section 44 or that was kept in captivity for the purpose of personal education under paragraph 2 of subsection 40 (2). 1997, c. 41, s. 46 (4).
Certain provisions do not apply
(5) Sections 5 and 6, clauses 11 (1) (a) to (d), sections 20 and 27 and such other provisions of this Act and the regulations as are prescribed by the regulations do not apply to a person who captures or kills a farmed animal or wildlife under subsection (3). 1997, c. 41, s. 46 (5).
Minister’s powers
(6) If the Minister is of the opinion that a person has not complied with clause (3) (b), the Minister may capture or kill the farmed animal or wildlife without incurring any liability. 1997, c. 41, s. 46 (6).
Minister’s expenses
(7) The person who kept the farmed animal or wildlife in captivity is liable to the Minister for all expenses incurred by the Minister under subsection (6) unless the escape or release was caused by a natural disaster or act of vandalism that was beyond the control of the person. 1997, c. 41, s. 46 (7).