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Ontario Fishery Regulations, 2007 (SOR/2007-237)

Regulations are current to 2021-06-28 and last amended on 2020-12-16. Previous Versions

PART 1General (continued)

Terms and Conditions of Licences

[
  • SOR/2011-154, s. 1(E)
]
  •  (1) The provincial Minister may, for the proper management and control of fisheries and the conservation and protection of fish, specify in a licence any term or condition that is not inconsistent with these Regulations respecting one or more of the following matters:

    • (a) the species, quantity, size, weight, age, sex or stage of development of fish that may be caught, retained, possessed, held, loaded, landed, transported, transferred or released;

    • (b) the waters or locations where fishing is permitted or from which fish may be caught;

    • (c) the persons who may carry out activities under the licence;

    • (d) the waters or locations where fish may be held, loaded, landed, transferred or released;

    • (e) the period during which fishing is permitted or fish may be transferred or released;

    • (f) the type, size, quantity or marking of fishing gear or equipment;

    • (g) the locations or manner in which fishing gear or equipment may be used;

    • (h) the fishing vessel that may be used and the persons who may operate it;

    • (i) the weighing, marking, tagging, loading, landing, handling, separation or transportation of fish;

    • (j) the type and marking of containers used to hold or transport fish;

    • (k) the information that shall be recorded, kept or reported and the manner and form in which and the period for which the information shall be recorded, kept or reported;

    • (l) the disposing of water, containers or anything used to hold or transport fish;

    • (m) the monitoring of fishing activities, verification or examination of fishing gear, equipment, fish or records relating to fishing activities and the taking of fish samples;

    • (n) the health of fish including the monitoring and reporting of water quality, diseases, pathogens or fish escapes;

    • (o) the possession, destruction or prevention of the spread of a fish or other aquatic organism that is or may be harmful to fish;

    • (p) the method of movement, transfer, release, disposal or preservation of fish to ensure their protection; or

    • (q) the information that the master of a fishing vessel shall report from the water, including the method by which, the period in which and the person to whom the report is to be made.

  • (2) Every person shall comply with the terms and conditions specified in their licence.

  • (3) The provincial Minister may amend the terms and conditions of a licence for the purposes of the conservation and protection of fish.

  • (4) A notice of an amendment made under subsection (3) shall be sent to the licence holder. The notice is deemed to be received by a licence holder

    • (a) if the licence holder consents to receiving it by electronic means, on the day recorded by the server of the provincial Minister as the time of sending it;

    • (b) if the licence holder consents to receiving it by fax, on the day recorded by a fax machine of the provincial Minister as the time of sending it;

    • (c) if it is sent to the licence holder by mail, on the fifth day after the postmark date on the notice; or

    • (d) if it is delivered personally, on the day on which the notice is received by the licence holder.

  • (5) The amended licence terms take effect on the day on which the notice is received by the licence holder.

  • (6) The licence holder shall, on receipt of the notice, attach the notice to the licence.

  • SOR/2018-216, s. 5

Prohibition on Bringing Bait Into Ontario

 No person shall bring into Ontario, for use as bait,

  • (a) crayfish or salamanders; or

  • (b) live fish or leeches.

Invasive Species

  •  (1) No person shall possess, transport or release members of an invasive species except in accordance with the Aquatic Invasive Species Regulations or as authorized under a licence issued under subsection (2).

  • (2) The provincial Minister may issue a licence to a person to possess, transport or release invasive species in specified quantities if

    • (a) they are an employee or a person referred to in subsection 13(1) of the Aquatic Invasive Species Regulations;

    • (b) they use the equipment and controls necessary to protect against any unauthorized release of invasive species into Ontario waters; and

    • (c) the possession is for scientific, educational or aquatic invasive species control purposes.

  • SOR/2015-121, s. 38
  • SOR/2018-216, s. 6

Specially Protected Fish

  •  (1) No person shall fish for or possess a specially protected fish except as authorized under a licence issued under subsection (2).

  • (2) The provincial Minister may issue a licence to a person to fish for or possess specially protected fish if

    • (a) they are a qualified fisheries researcher working in a recognized research facility; and

    • (b) the purpose of their fishing or possession is the conservation or protection of the species.

  • (3) Despite subsection (1), a person may possess an American eel if the person has documentary evidence to show that the eel was lawfully obtained outside of Ontario.

  • SOR/2018-216, s. 7

Close Times Applicable to Fish Sanctuaries

  •  (1) No person shall fish in the waters set out in column I of an item of Schedule V to the Ontario Fishery Regulations, 1989, during the close time set out in column II of that item.

  • (2) [Repealed, SOR/2009-328, s. 2]

  • SOR/2009-328, s. 2

Prohibited Fishing Methods and Gear

  •  (1) No person shall fish with

    • (a) a hook used in such a manner as to pierce or hook a fish in any part of the body other than the mouth;

    • (b) a gaff;

    • (c) a snare;

    • (d) a snagger; or

    • (e) a spear gun.

  • (2) Despite paragraph (1)(b), a person may use a gaff, other than a spring gaff, to assist in the landing of a fish.

  • (3) No person shall retain a fish that has been pierced or hooked in any part of the body other than the mouth while angling except a fish that has been pierced or hooked while being landed with a gaff that is not a spring gaff.

  • SOR/2014-311, s. 2
  •  (1) No person shall possess a snagger, spear gun or spring gaff in any waters or within 30 m of any water’s edge.

  • (2) Except when spear fishing in accordance with these Regulations, no person shall possess a spear for the purpose of fishing in any waters or within 30 m of any water’s edge.

  • (3) No person shall possess a snare for the purpose of fishing in any waters or within 30 m of any water’s edge.

  • SOR/2018-216, s. 8

Use of Artificial Light

 No person shall use an artificial light to attract fish except

  • (a) to fish for lake herring, lake whitefish or smelt by any means other than by angling; or

  • (b) when angling, as part of a lure attached to a line.

Release of Fish

 A person, other than a person fishing under a commercial fishing licence, who catches a fish, other than an invasive species, the retention or possession of which is prohibited by these Regulations, shall immediately return the fish to the waters from which it was caught and, if the fish is alive, release it in a manner that causes the least harm to that fish.

  • SOR/2015-121, s. 39

Variation of Close Times, Fishing Quotas and Size Limits

  •  (1) If a close time, fishing quota or limit on the size of fish is fixed in respect of an area, the provincial Minister may, by order, vary that close time, fishing quota or limit in respect of the area or any portion of the area.

  • (2) If a close time, fishing quota or limit on the size of fish is varied, the provincial Minister shall give notice of the variation to the persons affected or likely to be affected by the variation by one or more of the following methods:

    • (a) broadcasting the notice over a radio station;

    • (b) publishing the notice in a newspaper;

    • (c) posting the notice in the area or in the vicinity of the area affected by the variation;

    • (d) giving written or oral notice;

    • (e) transmitting or posting the notice by electronic means; or

    • (f) publishing the notice in the Ontario Ministry of Natural Resources and Forestry summary of regulations pertaining to sport fishing.

  • SOR/2018-216, s. 9
 
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