FISH LICENSING, O. Reg. 664/98

• Jurisdiction: Ontario

Fish and Wildlife Conservation Act, 1997

ontario REGULATION 664/98

FISH LICENSING

Consolidation Period: From January 1, 2024 to the e-Laws currency date.

Last amendment: 421/23.

This is the English version of a bilingual regulation.

PART 0.I
definitions

0.1. In this Regulation,

“baitfish” means baitfish as defined in the Ontario Fishery Regulations; (“poisson-appât”)

“fisheries management zone” means a part of Ontario shown in the Regulation Plans of Fisheries Management Zones 1 - 20 filed on December 5, 2013 with the Office of the Surveyor General of Ontario; (“zone de gestion des pêches”)

“leech” means a member of a species of the Class Hirudinea. (“sangsue”) O. Reg. 576/21, s. 1.

PART I
SPORT FISHING LICENCES

Interpretation

1. In this Part,

“Canadian resident” means a person who is a non-resident, whose primary residence is any part of Canada and who has actually resided in any part of Canada for a period of at least six months during the 12 months immediately preceding the time that residence becomes material under this Part; (“résident canadien”)

“licence summary” means the document referred to in section 11; (“sommaire de permis”)

“non-Canadian resident” means a person who is a non-resident and who is not a Canadian resident; (“non-résident du Canada”)

“outdoors card” means the outdoors card issued by the Minister under section 3; (“Carte Plein air”)

“sport fishing” has the same meaning as in the Ontario Fishery Regulations. (“pêche sportive”) O. Reg. 281/08, s. 1; O. Reg. 119/16, s. 1; O. Reg. 545/17, s. 2; O. Reg. 463/18, s. 1; O. Reg. 576/21, s. 2.

1.1 The following persons shall be deemed to be residents for the purposes of this Regulation:

1. A member of the RCMP or armed forces of Canada who is stationed in Ontario and has resided in Ontario for at least one month.

2. A civilian employee of the RCMP or armed forces of Canada who is stationed in Ontario and has resided in Ontario for at least one month.

3. A member of the immediate family of a person set out in paragraphs 1 and 2 who has resided in the residence of the person in Ontario for at least one month. O. Reg. 545/17, s. 3.

Outdoors Cards

2. (1) A person shall not be issued a licence to engage in sport fishing unless he or she holds an outdoors card issued under section 3. O. Reg. 545/17, s. 4.

(2) Despite subsection (1), a person does not require an outdoors card in order to be issued a sport fishing licence if the person is applying for,

(a) a sport fishing licence that is to be valid for only one day; or

(b) a guest sport fishing licence. O. Reg. 545/17, s. 4.

(3) For greater certainty, the following persons are not required to obtain an outdoors card:

1. A person who holds a document that is deemed to be a sport fishing licence under section 13, 14, 14.1 or 15 or subsection 17 (1).

2. A person who fishes under the authority of a promotional sport fishing licence in accordance with the conditions of that licence and section 16.

3. A person who is deemed to hold a sport fishing licence under subsection 17 (2) or section 18.1. O. Reg. 759/20, s. 1.

3. (1) The Minister may issue an outdoors card to,

(a) a resident or Canadian resident who is at least 16 years of age; or

(b) a non-Canadian resident of any age. O. Reg. 545/17, s. 4.

(2) A fishing outdoors card that was issued before November 23, 2018 shall continue to be valid until it expires. O. Reg. 545/17, s. 4.

Restrictions on Sport Fishing Licences

4. An outdoors card is valid from the day it is issued and expires on the date specified on the card. O. Reg. 545/17, s. 4.

5. (1) A person who is required to hold an outdoors card in order to obtain a licence to engage in sport fishing shall carry the outdoors card on his or her person at all times while sport fishing, regardless of whether the sport fishing licence is listed on the card. O. Reg. 545/17, s. 4.

(2) Despite subsection (1), a person who has applied for an outdoors card and whose licence summary has been updated to indicate that the outdoors card has been issued, but who has not yet received the card from the Ministry by mail or otherwise, may engage in sport fishing without the outdoors card so long as he or she carries his or her updated licence summary on his or her person. O. Reg. 545/17, s. 4.

(3) On request of a conservation officer, a person who holds an outdoors card shall produce it and show it to the officer. O. Reg. 545/17, s. 4.

(4) The rules set out in the following provisions of the Act apply with respect to an outdoors card as if it were a licence:

1. Subsections 68 (1) and (2).

2. Section 70, with the exception of clause 70 (1) (c).

3. Subsection 82 (3). O. Reg. 463/18, s. 2.

6. (1) The holder of an outdoors card shall notify the Minister of any change in name, address, contact information or residency no later than 10 days after the change occurs. O. Reg. 545/17, s. 4.

(2) A holder of an outdoors card who ceases to be a resident or a Canadian resident, as the case may be, shall not use the card to obtain a sport fishing licence for which the holder is no longer eligible as a result of the change in residency. O. Reg. 463/18, s. 3.

6.1 Revoked: O. Reg. 281/08, s. 1.

7. (1) A person shall not apply for or possess more than one outdoors card if they have different card numbers. O. Reg. 545/17, s. 4.

(2) A person may possess more than one outdoors card if the cards bear the same number. O. Reg. 545/17, s. 4.

8. A person who holds an outdoors card and whose licence is cancelled or suspended by a court order under section 104 or 105 of the Act shall immediately return the outdoors card to the Ministry if the Ministry requests it. O. Reg. 545/17, s. 4.

Licences

9. (1) A sport fishing licence authorizes a person to engage in sport fishing subject to this Part. O. Reg. 545/17, s. 4.

(2) The following special classes of sport fishing licences are recognized for the purposes of this Part:

1. A conservation fishing licence that authorizes the licence holder to engage in sport fishing subject to such limits as are described in the Ontario Fishery Regulations.

2. A promotional sport fishing licence that authorizes the licence holder to engage in sport fishing during the period described in section 16.

3. A guest sport fishing licence that is issued by the Minister to a foreign diplomat stationed in Ontario, a member of the diplomat’s family or staff, a foreign dignitary or journalist visiting Ontario or any person visiting Ontario who, in the Minister’s opinion, has an equivalent stature and should be issued a guest sport fishing licence. O. Reg. 545/17, s. 4; O. Reg. 463/18, s. 4.

10. (1) Subject to subsections (4) to (6) and sections 13 to 17 and 18.1, a sport fishing licence shall consist of a licence summary that lists the sport fishing licence. O. Reg. 545/17, s. 4; O. Reg. 512/18, s. 1.

(2) Despite subsection (1), the Minister may list a person’s sport fishing licence directly on the person’s outdoors card if the person applies for the sport fishing licence at the same time as the person applies for an outdoors card and in such a case, the outdoors card shall constitute the sport fishing licence. O. Reg. 545/17, s. 4.

(3) If a sport fishing licence is issued as a conservation fishing licence, that fact shall be indicated on the licence summary or the outdoors card, as the case may be. O. Reg. 545/17, s. 4.

(4) In the circumstances set out in section 18.2 and 18.4, a sport fishing licence shall consist of either a licence summary or an outdoors card that lists the appropriate type of fishing licence, together with a tag. O. Reg. 545/17, s. 4.

(5) A guest sport fishing licence shall consist of a document in the form determined by the Minister. O. Reg. 545/17, s. 4.

(6) A sport fishing licence that was issued before November 23, 2018 and that consists of a document in a form not permitted under this section shall nonetheless continue to be valid after that date until the expiry date set out in the licence. O. Reg. 545/17, s. 4.

11. (1) A licence summary is a document that lists various sport fishing licences, including a conservation fishing licence, that a person may hold at any given time together with various hunting licences that the person may hold under Ontario Regulation 665/98 (Hunting) made under the Act. O. Reg. 545/17, s. 4.

(2) The licence summary is issued by the Ministry online by accessing the Government of Ontario’s website, through a person who is authorized to issue licences on the Minister’s behalf under section 61 of the Act or by such other means as the Minister determines. O. Reg. 545/17, s. 4.

(3) Each time a person is issued a new sport fishing licence or hunting licence, the Ministry shall issue an updated version of the licence summary to the person. O. Reg. 545/17, s. 4.

12. Despite subsection 64 (1) of the Act, the Minister may issue a sport fishing licence to a non-Canadian resident who is under 16 years of age. O. Reg. 545/17, s. 4.

13. (1) A person who is a resident or a Canadian resident and who is either under the age of 18 years or over the age of 65 years may engage in sport fishing if the person has a document referred to in subsection (2) and carries it on his or her person while sport fishing. O. Reg. 545/17, s. 4.

(2) Any licence, permit, certificate or identification card that is issued by the Government of Canada or a provincial or territorial government of Canada to a person described in subsection (1) and that indicates the person’s name and date of birth is deemed to be a sport fishing licence for the purposes of this Regulation. O. Reg. 545/17, s. 4.

14. (1) A person who has been issued an accessible parking permit under the Highway Traffic Act may engage in sport fishing if he or she carries on his or her person while sport fishing,

(a) the permit; or

(b) a black and white photocopy or a black and white printed version of an...