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tomtom

try try again

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tomtom

what exactly is the definition of a maintained road, also the cuts I like to walk near mawn lake how far off the white line do I have to be before I can legally shoot. a definition would be great thanks

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Guest MNR

In specific areas of the province, (mainly in southern Ontario but also in Kenora and Fort Frances) there is a general prohibition to having a loaded firearm in, or discharging a firearm across a right-of-way intended for public vehicular traffic. (See page 23 of the 2013 Hunting Summary) In all other areas of the province, a person cannot discharge a firearm in or across the travelled portion of a “maintained” right-of-way intended for public vehicular traffic. In simple terms, in parts of the province (southern Ontario, Kenora and Fort Frances) you can’t have a loaded gun in or shoot across a right-of-way (tree line to tree line or fence line to fence line). In the rest of the province, you can’t shoot from, down or across the travelled portion of a maintained road.

In any piece of legislation there is almost always a section dedicated to interpretation of key words. The Fish and Wildlife Conservation Act and its regulations have interpretation sections and definitions of key words found throughout but do not include a definition of the word “maintained” or “unmaintained”. Common maintenance practices of roads and right-of-ways could include grading, plowing, sanding, ditching, brushing, bridge or culvert construction or repair. Clearly municipal roads and provincial numbered highways receive regular maintenance and therefore in an area where you can have a loaded firearm in the right-of-way, a person could not shoot from, down or across the road surface or the gravelled shoulder. From a different safety perspective, these roads are meant to be travelled at a constant rate of speed. Don’t cause an unsafe driving situation by being a “ditch hunter” either.

When dealing with main forest access roads and tertiary roads, common sense must used. If the road is important enough to be named or numbered, it would most likely be under some kind of maintenance schedule. The best rule is not to shoot from, down or across any road. You are ultimately responsible for any damage caused by discharging your gun. Until case law is developed around the definition of maintained, officers will continue to use discretion when interpreting and laying charges.

The issue of hunting in utility corridors and properties (pipelines, hydro, telephone, and railway) is often brought up at this time of year. When utility corridors pass by municipal areas, they cross over private property (easement). Private landowners still have the right to post their property to no trespassing or no hunting. Permission must be given or you could be charged. Know where you are at all times. Seek permission first instead of asking for forgiveness.

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