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Home My WebLink AboutCLD-05-04 CfNJ!Jgton REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 19, 2004 Report #: CLD-05-04 File#: By-law #: Subject: HUNTING ACTIVITIES IN THE MUNICIPALITY RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-05-04 be received; 2. THAT Council disband the Committee and thank them for their efforts; and 3. THAT the Minister of Natural Resources, John O'Toole, MPP, members of the Firearms Safety Committee and any delegations be advised of Council's decision and forwarded a copy of Report CLD-05-04. Submitted by: ---" "' C~v:e.J,-C' '/{JZl Reviewed by: Franklin Wu, Chief Administrative Officer PLB*FW*cd CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONfm L 1 C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD.()5.()4 PAGE 2of4 BACKGROUND AND COMMENT In May 2003 Council adopted the recommendations contained within Report CLD-19-03, which recommended the formation of a committee to address the issues of a) hunting with shotguns versus high powered rifles and b) safety concerns of the community. This was as a result of several delegations coming to Council regarding the issue. After advertising for interested individuals to sit on the committee, the following members were appointed: Craig Greentree - Durham Regional Police John Almond - Ministry of Natural Resources Greg Farrant - Ontario Federation of Anglers and Hunters Tracy Adams - Local Farmer John McKelvey - Licensed Trapper Eric Atkins - Citizen John Payne - Citizen Richard Stephenson - Citizen Ron Alldred - President, Orono Fish and Hunt Club Tom Vendrasco - Municipal Law Enforcement Division Gord Robinson - Municipal Council By letter dated September 5, 2003 Richard Stephenson advised that he and Eric Atkins would not be attending any future meetings of the committee, as they felt that with only two votes on the committee of twelve they had contributed all they could. He did hOWever state that they feel that Clarington should pass a by-law to ban the use of long-range guns within the Municipality and forwarded a list of concerns that they felt should be addressed. These concerns include pOlice enforcement, MNR enforcement, by-law enforcement and trespassing issues. They state that enforcement activities get passed from one agency to another and no one acts upon them. They are concerned also that coyote hunters are entering the Crown Lands through private property where they can hide their trucks. This occurs several times each winter when the Crown Lands are closed for hunting. Mr. Stephenson and Mr. Atkins suggest that all landowners who abut the Crown Lands be sent a letter outlining this concern. They questioned whether it was possible for a local system to be put in place so hunting complaints could be received and distributed to the proper authorities. In this way, records could be kept and evaluated by Clarington to see how Durham Region Police, MNR and Municipal law Enforcement are handling the complaints. Mr. Atkins also forwarded a letter of concern to John O'Toole, MPP, which was subsequently forwarded to The Honourable David Ramsay, Minister of Natural Resources. A copy of the Minister's reply is attached hereto as Attachment 1. As reported to the General Purpose and Administration Committee during a delegation from Tom Vendrasco on March 29, 2004, the following are the Committee's findings and recommendations after reviewing in length the specific issues brought before Council and general issues involving firearms and safety within the Municipality of Clarington: 1192 REPORT NO.: CLD.()S.()4 PAGE 3 OF 4 1. The committee determined that there are currently no public safety issues with respect to discharge of firearms used in hunting or for any other legal purpose within the municipality. 2. The above determinations were derived through lengthy discussions with the Durham Regional Police. Ministry of Natural Resources, Clarington's Municipal Law Enforcement Division, and other private citizens. 3. A review of Provincial and Federal legislation governing and regUlating hunting activities revealed that they provide adequate protection to the general public from the use of firearms for hunting. 4. The Municipality of Clarington has a comprehensive firearms by-law that is adequate to further protect the public from the use of firearms. 5. The committee recommends that better mapping be incorporated with the current By-law so as to clarify where firearms may be discharged. The Firearms Safety Committee believes the by-law that the Municipality has in place adequately addresses the needs of the community. It is therefore recommended that this report be received, that a copy of the report be forwarded to all interested parties and that the Firearms Safety Committee be disbanded and that they be thanked for their efforts. Interested parties to be advised of Council's decision: The Hon. David Ramsay Minister of Natural Resources Queen's Park Toronto, Ontario M7A 1W3 Mr. John O'Toole, MPP 75 King Street East Bowmanville, Ontario L 1 C 1 N4 Craig Greentree 7 Lorraine Court Bowmanville, Ontario Greg Farrant Government Relations Manager Ontario Federation of Anglers and Hunters P.O. Box 2800 Peterborough, Ontario K9J 8L5 John Almond Ministry of Natural Resources 50 Bloomington Road West Aurora, Ontario L4G 3G8 J. McKelvey 1411 Regional Road 42 Bowmanville, Ontario L 1 C 3K5 E. Atkins 4334 Concession Road 6 Kendal, Ontario LOA 1 EO 1103 REPORT NO.: CLD.()S.()4 PAGE40F4 J. Payne 19 Perry Street Hampton, Ontario LOB 1 JO R. Alldred Orono Fish and Hunt Club P.O. Box 374 Orono, Ontario LOB 1 MO R. Stephenson 4346 Concession Road 6 Kendal, Ontario LOA 1 EO T. Adams 3874 Lakeshore Road Newcastle, Ontario L 1 B 1 L9 1104 Ni ~ Ontario' Ministry of Natural Resources Minister Minis'ere des Richesses naturelles Ministre ' Attachment 1 Queen's Park Toronto ON M7A 1m 416314.2301 MNR 1205MC-2003-90 ,\>:.~.,) ~.? I ^ ~..., ".' .;nt''', (U;;] Mr. John R. O'Toole, MPP Durham 75 King Street East Bowmanville ON L 1 C 1 N4 Dear Mr. O'Toole: Thank you for your letter of October 29, 2003, on behalf of one of your constituents, requesting clarification on the relationship between municipal bylaws and the provincial Fish and Wildlife Conservation Act (FWCA) pertaining to dogs running at large. I appreciate your kind words on my appointment as Minister of Natural Resources. I am pleased to serve the people of Ontario and I am looking forward to working with you and other MPPs. The FWCA and Regulations refer only to the use of dogs for hunting in a few specific circumstances where dogs are required to be licensed, for example, night hunting for raccoons. Generally speaking, unless the Act or the Regulations state otherwise, dogs can be used for hunting small game such as rabbits, game birds, fox and coyote and there is no requirement for the dog to be on a leash. The FWCA and the Trespass to Property Act require people hunting on private land to have the landowner's permission. As long as dogs accompanying hunters stay on the property for which the hunter has permission to hunt, they are not considered to be running at large or trespassing. Hunters who use radio collars on their hunting dogs generally do so to locate their dogs. The trespass provisions of the FWCA and Trespass to Property Act would still apply where a dog with a radio collar entered private land where the hunter did not have the landowner's permission. In stating that the FWCA overrides the bylaws of the municipality, the bylaw officer may have been referring to Section 14 of the Municipal Act, S.O. 2001, c. 25, which states that a bylaw is without effect to the extent of any conflict with (a) a provincial or federal Act or a regulation made under such an Act; or (b) an instrument of a legislative nature, including an order, licence or approval, made or issued under a provincial or federal Act or regulation. As described above, the FWCA and Regulations describe circumstances where a licence is required for dogs to be used for hunting related activities. The Act and Regulations do not prohibit hunters from using dogs to hunt small game species. In the event that a hunter's dog entered private land for which the hunter did not have permission to hunt or to trespass, the dog could be considered to be at large. The landowner could contact the municipal bylaw officer or local police services to have action taken in accordance with the municipal bylaw. 1105 ...2 . . -2- With regard to the liability for the actions of a dog that is trespassing, the landowner may want to consult a lawyer, as this would be considered a civil matter and would depend on the particular circumstances. I trust that this information helps to clarify this matter. However, should you or your constituent have further questions, please contact Mr. John Almond, at the ministry's Aurora office, at (905) 713-7707. - Again, thank you for writing. Sincerely, Hon. David Ramsay Minister c: John Almond, Fish & Wildlife Technical Specialist, Aurora District 1106