Regulations Amending the Ontario Fishery Regulations, 1989 and the Ontario Fishery Regulations, 2007: SOR/2023-245

Canada Gazette, Part II, Volume 157, Number 25

Registration
SOR/2023-245 November 24, 2023

FISHERIES ACT

P.C. 2023-1160 November 24, 2023

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, makes the annexed Regulations Amending the Ontario Fishery Regulations, 1989 and the Ontario Fishery Regulations, 2007 under subsection 43(1)^{footnote a} of the Fisheries Act ^{footnote b}.

Regulations Amending the Ontario Fishery Regulations, 1989 and the Ontario Fishery Regulations, 2007

Ontario Fishery Regulations, 1989

1 (1) The portion of subitem 3(4) of Schedule V to the Ontario Fishery Regulations, 1989 ^{footnote 1} in column I is replaced by the following:
Item	Column I Description
3	(4) The waters of that part of the Pefferlaw River in the Town of Georgina in the Regional Municipality of York lying between the dam situated on Lot 23 in Concession V and the allowance for the road between concessions VI and VII.

(2) The portion of subitem 3(11) of Schedule V to the Regulations in column I is replaced by the following:
Item	Column I Description
3	(11) The waters of the Pottawatomi River and Maxwell Creek from the 4th Avenue West Bridge (44°34′28.75″N., 80°57′04.43″W.), in the City of Owen Sound, upstream to the base of the escarpment at 44°33′18.56″N., 80°58′49.41″W. and 44°33′30.05″N., 80°59′00.37″W.

(3) The portion of subitem 3(24) of Schedule V to the Regulations in column I is replaced by the following:
Item	Column I Description
3	(24) The waters of that part of Bronte Creek, formerly named Twelve Mile Creek, and the connecting backwaters of Bronte Creek in the Town of Oakville, in the Regional Municipality of Halton, lying between the northerly limit of Lakeshore Road West (Highway 2) and the southerly limit of Rebecca Street.

(4) The portion of subitems 3(40) and (41) of Schedule V to the Regulations in column I is replaced by the following:
Item	Column I Description
3	(40) The waters of the Maitland River in Huron County from the bridge on Highway 21 (43°45′08.40″N., 81°42′01.68″W.) to the bridge on County Road 4 (43°53′37.00″N., 81°18′25.21″W.).
3	(41) Tributaries of the Maitland River in Huron County from the bridge on Highway 21 (43°45′08.40″N., 81°42′01.68″W.) to the bridge on County Road 4 (43°53′37.00″N., 81°18′25.21″W.).

(5) The portion of subitem 3(53) of Schedule V to the Regulations in column I is replaced by the following:
Item	Column I Description
3	(53) The waters of the main stem of the Grand River between the former Town of Paris, Brant County, and Brantford from a line drawn across the Grand River in the former Town of Paris at 100 m downstream of the Dundas Street West (Highway 2) bridge downstream to the pedestrian and service bridge (Oakhill Trail bridge) at 43°09′09″N., 80°19′05″W. in the City of Brantford.

2 (1) The portion of subitems 5(2) to (4) of Schedule V to the Regulations in column I is replaced by the following:
Item	Column I Description
5	(2) The waters of that part of the Fenelon River in the City of Kawartha Lakes from the Trent-Severn Dam in the Community of Fenelon Falls downstream 1 km to the second power line.
	(3) The waters of that part of the Rosedale River in the City of Kawartha Lakes from the Trent-Severn Dam in the Hamlet of Rosedale downstream to Cameron Lake.
	(4) The waters of that part of the Bobcaygeon River in the Village of Bobcaygeon in the City of Kawartha Lakes, from the Trent-Severn Dam and the Little Bob power dam downstream to Pigeon Lake.

(2) The portion of subitem 5(12) of Schedule V to the Regulations in column I is replaced by the following:
Item	Column I Description
5	(12) The waters flowing from the Trent River commencing at the northwesterly side of the bridge on County Road Number 50 in the Geographic Township of Seymour in the County of Northumberland to where said waters enter Crowe Bay in the County of Northumberland.

3 (1) Subitem 15(1) of Schedule V to the Regulations is replaced by the following:
Item	Column I Description	Column II Close Time
15	(1) The Montreal River from the Ragged Chute Dam (47°16′33.87″N., 79°40′21.60″W.) to 150 m downstream of the concrete abutments at Fountain Falls (47°16′10.64″N., 79°39′07.25″W.).	Apr. 1 to June 15

(2) Item 15 of Schedule V to the Regulations is amended by adding the following after subitem (137):
Item	Column I Description	Column II Close Time
15	(138) The waters of Aurora Lake (47°21′24″N., 80°36′14″W.)	Jan. 1 to Dec. 31
	(139) The waters of Little Aurora Lake (47°22′21″N., 80°36′43″W.)	Jan. 1 to Dec. 31
	(140) The waters of Little Whitepine Lake (47°22′59″N., 80°38′57″W.)	Jan. 1 to Dec. 31

4 (1) Subitems 16(25) and (26) of Schedule V to the Regulations are repealed.

(2) Item 16 of Schedule V to the Regulations is amended by adding the following after subitem (182):
Item	Column I Description	Column II Close Time
16	(183) The waters of the Valentine River from the border of fisheries management zone 3 at Highway 11 (49°45′20.8″N., 83°58′22.80″W.) including the Expansion and Stoddart Creek, to Fushimi Lake.	Apr. 1 to June 15
	(184) The northeastern arm of Fushimi Lake, northeast of a line drawn from the northern shoreline at (49°49′46.686″N., 83°52′22.644″W.) to the southern shoreline at (49°49′40.940″N., 83°52′17.000″W.), including the Valentine River between Fushimi Lake and Hanlan Lake, extending into the unnamed embayment of Hanlan Lake, west of a line drawn from the northern shoreline at 49°50′44.814″N., 83°49′39.836″W. to the southern shoreline at 49°50′32.581″N., 83°49′48.663″W.	Apr. 1 to June 15
	(185) The part of the Valentine River, locally known as the "90 Degree Angle", between Wolverine Lake (49°50′00.69″N., 83°45′41.81″W.) and Pivabiska Lake (49°49′02.2″N., 83°43′19.9″W.).	Apr. 1 to June 15

Ontario Fishery Regulations, 2007

5 The definition provincial Minister in subsection 1(1) of the Ontario Fishery Regulations, 2007 ^{footnote 2} is replaced by the following:

provincial Minister: means the Minister of Natural Resources and Forestry for Ontario. (ministre provincial)

6 Paragraph 2(2)(c) of the Regulations is replaced by the following:

(c) activities carried out, in the course of their duties, by employees of the Ontario Ministry of Natural Resources and Forestry and employees of the Department of Fisheries and Oceans; or

7 Subsection 3(2) of the Regulations is repealed.

8 (1) Subsection 13(1) of the Regulations and the heading before it are replaced by the following:

Variation Orders

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

(2) The portion of subsection 13(2) of the Regulations before paragraph (a) is replaced by the following:

(2) If a close time, fishing quota, limit on the size or weight of fish or fishing gear or equipment 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:

9 Subsection 25(2) of the Regulations is replaced by the following:

(2) For the purposes of subsection (1), paragraph 29(2)(d), section 38, paragraph 42(2)(b) and Schedule 4, a reference to Lake Nipigon and its tributaries means Lake Nipigon and its tributaries downstream from the first falls, rapids, dam or lake — or the entire tributary if there are no falls, rapids, dam or lake — including

(a) the waters on the islands of Lake Nipigon;
(b) the waters of the Gull River, downstream from the Highway 527 bridge;
(c) the waters of the Kabitotikwia River, downstream from the Highway 527 bridge;
(d) the waters of the Poshkokagan River, downstream from and including the rapids located at 49°25′45″ N, 89°04′55″ W;
(e) the waters of the Wabinosh River, downstream from Wabinosh Lake; and
(f) the waters of the Little Jackfish River, downstream from and including the first rapids upstream of the Pikitigushi Road bridge.

10 Section 26 of the Regulations is replaced by the following:

26 No person shall possess a live fish, other than a baitfish, caught by angling from the following waters in Zone 4:

(a) Lac Seul (50°20′03″ N, 92°45′00″ W);
(b) Broad Lake (50°26′32″ N, 92°37′50″ W);
(c) Sunlight Lake (50°29′14″ N, 92°34′17″ W) and all connecting waters;
(d) Abram Lake (50°03′33″ N, 91°55′44″ W);
(e) Botsford Lake (50°08′19″ N, 91°39′32″ W);
(f) Hidden Lake (50°07′26″ N, 91°44′33″ W);
(g) Minnitaki Lake (49°58′19″ N, 91°57′29″ W);
(h) Pelican Lake (50°06′41″ N, 91°57′40″ W) and all connecting waters, including the waters locally known as Duck Lake; and
(i) the waters collectively known as the Rice River, including Flower Lake (49°56′47″ N, 91°57′19″ W), Parnes Lake (49°56′27″ N, 91°54′23″ W), Twill Lake (49°56′38″ N, 91°59′02″ W), Twin Bay of Minnitaki Lake (49°57′48″ N, 91°52′56″ W), Twinflower Lake (49°56′27″ N, 91°55′44″ W), Twinflower Creek and all connecting streams.

11 Subsection 27(2) of the Regulations is replaced by the following:

(2) This section applies to the following waters in Zone 5:

(a) Lake of the Woods (49°16′59″ N, 94°34′15″ W);
(b) Shoal Lake (49°32′50″ N, 94°56′25″ W);
(c) Cul de Sac Lake (49°37′54″ N, 94°49′47″ W);
(d) Obabikon Lake (49°14′59″ N, 94°12′25″ W);
(e) Rainy River; and
(f) Rainy Lake (48°43′35″ N, 93°07′51″ W) and the Seine River system upstream to the Sturgeon Falls (Crilly) Dam, situated immediately north of Highway 11, including the waters of Grassy Lake (48°39′53″ N, 92°43′05″ W), Wild Potato Lake (48°43′00″ N, 92°28′36″ W) and Partridge Crop Lake (48°43′46″ N, 92°22′12″ W) in the Territorial Districts of Kenora and Rainy River.

12 (1) Paragraph 29(2)(b) of the Regulations is replaced by the following:

(b) a fish greater than 13 cm in length in Lake Temagami (46°59′36″ N, 80°04′15″ W);

(2) Subparagraph 29(2)(c)(i) of the Regulations is replaced by the following:

(i) in the waters of Clearwater Bay of Lake of the Woods (49°42′23″ N, 94°45′13″ W), Echo Bay of Lake of the Woods (49°39′00″ N, 94°53′58″ W) or Cul de Sac Lake (49°37′54″ N, 94°49′47″ W);

(3) Paragraph 29(2)(d) of the Regulations is replaced by the following:

(d) rainbow smelt in Zone 2, 4, 5 or 6, except, in Zones 2 and 6, in the waters of Lake Nipigon and its tributaries and, in Zone 6, in the waters of Jessie Lake (49°11′19″ N, 88°19′52″ W), Helen Lake (49°04′20″ N, 88°16′17″ W), Polly Lake (49°07′52″ N, 88°15′58″ W) and the Nipigon River.

(4) Section 29 of the Regulations is amended by adding the following after subsection (4):

(5) Despite subsection (4), a person may transport red swamp crayfish (Procambarus clarkii) in accordance with General, Ontario Regulation 354/16 made under the Invasive Species Act, 2015, S.O. 2015, c. 22, as amended from time to time.

13 Sections 31 and 32 of the Regulations are replaced by the following:

31 No person shall angle in the waters set out in column 1 of Part 1 of Schedule 4 except in accordance with the limits on gear and equipment set out in column 2 during the specified time periods, as applicable.

32 (1) Subject to subsection (3), no person angling in open water shall angle in the waters set out in column 1 of Part 2 of Schedule 4 with more than the number of lines set out in column 2.

(2) Subject to subsection (3), no person angling through ice shall angle in the waters set out in column 1 of Part 3 of Schedule 4 with more than the number of lines set out in column 2.

(3) A person who is angling for common carp may use up to three lines in the waters of Zones 12 to 20 if all of the following conditions are met:

(a) the person is using plant-based bait or synthetic corn;
(b) when the person is angling from a fishing vessel, all of the lines used by the person are on that vessel with the person; and
(c) when the person is not angling from a fishing vessel, each line used by the person is within 2 m of another line used by the person.

14 The portion of item 15 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Scientific Name
15	Any species of the genera: Cambarus, Creaserinus, Faxonius, Lacunicambarus and Procambarus

15 The portion of item 34 of Part 1 of Schedule 1 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Scientific Name
34	Any species of the genus Oncorhynchus, except rainbow trout and kokanee salmon (a) Oncorhynchus tshawytscha (b) Oncorhynchus kisutch (c) Oncorhynchus gorbuscha

16 (1) Subitem 1(1.1) of Part 2 of Schedule 1 to the Regulations is repealed.

(2) The portion of subitem 1(25) of Part 2 of Schedule 1 to the English version of the Regulations in column 2 is replaced by the following:
Item	Column 2 Scientific Name
1	Notropis hudsonius

(3) Item 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after subitem (26):
Item	Column 1 Common Name	Column 2 Scientific Name
1	(27) Western blacknose dace	Rhinichthys obtusus

17 Subitems 2(2) to (4) of Part 2 of Schedule 1 to the Regulations are repealed.

18 Subitem 6(3) of Part 2 of Schedule 1 to the Regulations is repealed.

19 Items 7 and 8 of Part 2 of Schedule 1 to the Regulations are repealed.

20 Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 8:
Item	Column 1 Common Name	Column 2 Scientific Name
9	Topminnows (family Fundulidae), only the species listed below
9	(1) Banded killifish	Fundulus diaphanus

21 The portion of item 1 of Part 3 of Schedule 3 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Waters
1	The waters of Echoing Lake (54°31′14″ N, 92°14′24″ W)

22 The portion of item 2 of Part 3 of Schedule 3 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Waters
2	a) The waters of Whitefish Bay of Lake of the Woods (49°22′25″ N, 94°08′17″ W), including Regina Bay (49°24′32″ N, 94°02′13″ W), Snake Bay (49°21′43″ N, 94°02′09″ W), Boot Bay (48°43′13″ N, 93°23′05″ W), Ghost Bay (49°21′42″ N, 94°14′08″ W), Brûlé Bay (49°23′11″ N, 94°13′42″ W), Knickerbocker Inlet (49°23′16″ N, 94°18′27″ W), Louis Inlet (49°25′30″ N, 94°17′08″ W), Cross Inlet (49°28′04″ N, 94°19′08″ W), Devils Bay (49°14′47″ N, 94°05′07″ W), Alfred Inlet (49°13′34″ N, 94°07′25″ W), Atikaminike Bay (49°14′29″ N, 94°02′36″ W), Camp Bay (49°15′11″ N, 94°02′26″ W), Cloverleaf Bay (49°25′12″ N, 94°07′58″ W), Log Bay (49°26′14″ N, 94°09′52″ W), Reedy Bay (49°25′15″ N, 94°05′27″ W), Willow Bay (48°36′33″ N, 92°47′13″ W) and Sammons Bay (49°23′45″ N, 93°59′28″ W); b) The waters of Dryberry Lake (49°32′49″ N, 93°51′00″ W), including Northwest Bay (48°49′47″ N, 92°42′15″ W) and Point Bay (49°34′38″ N, 93°44′01″ W); c) The waters of Point Lake (48°09′40″ N, 91°32′15″ W); and d) The waters of Eagle Lake (49°42′00″ N, 93°13′00″ W).

23 The portion of item 3 of Part 3 of Schedule 3 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Waters
3	The waters of Whitefish Lake (48°13′00″ N, 90°00′00″ W)

24 The portion of item 4 of Part 3 of Schedule 3 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Waters
4	The waters of Grehan Lake (49°29′21″ N, 86°37′27″ W), Little Pic Lake (49°22′00″ N, 86°38′00″ W), Sun Lake (49°25′16″ N, 86°34′48″ W) and Yucca Lake (49°23′24″ N, 86°37′50″ W), combined

25 The portion of item 11 of Part 3 of Schedule 3 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Waters
11	The waters of Lake Simcoe (44°25′24″ N, 79°22′16″ W), Lake Couchiching (44°39′51″ N, 79°22′34″ W) and Green River (44°45′18″ N, 79°19′41″ W) and their tributaries, the Trent Canal system and its tributaries downstream from Lake Couchiching to Lock 42, the Trent Canal System in the Townships of Brock and Ramara and the Severn River and its tributaries (excluding Black River) downstream from Lake Couchiching to Wasdell Falls, in Simcoe County, the Regional Municipality of the District of Muskoka and the Regional Municipalities of York and Durham

26 The portion of item 1 of Part 5 of Schedule 3 to the Regulations before paragraph (n) in column 2 is replaced by the following:
Item	Column 2 Waters
1	The waters of the Winnipeg River from the outlet of Lake of the Woods (49°16′59″ N, 94°34′15″ W) to the Manitoba border in Zone 5 and including the following waters: (a) Middle Lake (49°46′54″ N, 94°36′21″ W); (b) Muriel Lake (49°48′40″ N, 94°40′51″ W); (c) Gun Lake (49°56′41″ N, 94°40′12″ W); (d) Pistol Lake (49°59′49″ N, 94°42′38″ W); (e) Lost Lake (50°00′16″ N, 94°39′39″ W); (f) Little Sand Lake (50°02′11″ N, 94°41′05″ W); (g) Big Sand Lake (50°06′45″ N, 94°37′54″ W); (h) Hidden Lake (50°04′55″ N, 94°35′58″ W); (i) Roughrock Lake (50°06′41″ N, 94°45′56″ W); (j) Swan Lake (50°03′57″ N, 94°54′43″ W); (k) Tetu Lake (50°10′54″ N, 95°02′18″ W); (l) Eaglenest Lake (50°12′35″ N, 95°08′27″ W); (m) MacFarlane River, downstream from the Ena Lake Dam (49°58′35″ N, 94°32′03″ W);

27 The portion of item 3 of Part 5 of Schedule 3 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Waters
3	The waters of Sydney Lake Area, also known as the North Kenora Pilot Project Area, including Sydney Lake (50°39′41″ N, 94°26′10″ W), Rowdy Lake (50°33′28″ N, 94°28′33″ W) and all other waters south and east of Kilburn Lake (50°43′05″ N, 94°28′28″ W) in Zone 2 and including all the waters within the following boundaries: beginning at the Manitoba/Ontario border; thence to the south shore of the English River System, including Goshawk Lake (50°13′07″ N, 94°48′48″ W) and Tourist Lake (50°16′05″ N, 94°41′58″ W); thence to the Separation Rapids bridge and South Pakwash Road; thence to Leano Lake (50°47′10″ N, 94°26′39″ W); thence to the south boundary of Woodland Caribou Provincial Park; thence to the place of origin in Zone 4

28 Schedule 4 to the Regulations is replaced by Schedule 4 set out in the schedule to these Regulations.

29 The portion of subitems 3(1) and (2) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
3(1)	High Lake (49°42′00″ N, 95°08′00″ W)
(2)	Shoal Lake (49°32′50″ N, 94°56′25″ W) upstream of Ash Rapids

30 The portion of subitems 5(1) to (5) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
5(1)	Borealis Lake (49°00′45″ N, 86°44′08″ W)
(2)	Clearwater Lake (48°40′37″ N, 85°40′49″ W)
(3)	Greenwater Lake (49°38′29″ N, 85°56′35″ W)
(4)	The waters of Pukaskwa National Park and the surrounding waters south of a line running west from the south boundary of Knowles Township and east of the Thunder Bay – Algoma District boundary, and including the waters of Pokei Creek, Gibson Lake (48°20′41″ N, 85°19′53″ W), Jarvey Lake (48°18′45″ N, 85°19′47″ W), Coronation Creek, Coronation Lake (48°15′57″ N, 85°18′51″ W), Warbedeelius Lake (48°10′03″ N, 85°19′53″ W), Soulier Lake (48°22′01″ N, 85°19′29″ W) and all waters tributary to the Pukaskwa River in the Algoma District
(5)	Three Finger Lake (48°43′32″ N, 86°19′06″ W)

31 (1) The portion of subitem 6(1) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
6(1)	Big Club Lake (48°27′45″ N, 80°48′39″ W)

(2) The portion of subitems 6(3) to (5) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
6(3)	Labyrinth Lake (48°13′46″ N, 79°31′18″ W), including that portion of Waterhen Creek downstream of the Access Road bridge
(4)	An unnamed lake, known locally as Lake 57 (48°17′46″ N, 80°40′29″ W)
(5)	Nayowin Lake (47°47′27″ N, 81°22′39″ W)

(3) Subitems 6(6) and (7) of Part 1 of Schedule 5 to the Regulations are replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters	Column 3 Geographic Township, if any	Column 4 County or Regional Municipality
6	(6) Pack Can Lake	Pack Can Lake (48°27′54″ N, 79°59′29″ W)	Garrison	Territorial District of Cochrane
6	(7) Pallet Lake	Pallet Lake (48°16′31″ N, 80°39′05″ W)	Nordica	Territorial District of Timiskaming

32 (1) The portion of subitems 7(2) and (2.1) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
7(2)	Carol Lake (47°34′07″ N, 84°37′22″ W)
(2.1)	Dwyer Lake (46°39′03″ N, 80°24′05″ W)

(2) Item 7 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (2.1):
Item	Column 1 Waters	Column 2 Description of Waters	Column 3 Geographic Township, if any	Column 4 County or Regional Municipality
7	(2.2) Greenhorn Lake	An unnamed lake, known locally as Greenhorn Lake (46°39′53″ N, 84°07′32″ W)	Jarvis	Territorial District of Algoma

(3) The portion of subitem 7(3) of Part 1 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters
7	(3) Lake 2	An unnamed lake, known locally as Lake 2 (47°02′48″ N, 83°47′27″ W)

(4) Item 7 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (3):
Item	Column 1 Waters	Column 2 Description of Waters	Column 3 Geographic Township, if any	Column 4 County or Regional Municipality
7	(3.1) Lake 21	An unnamed lake, known locally as Lake 21 (47°37′22″ N, 80°57′10″ W)	Tyrrell	Territorial District of Timiskaming

(5) The portion of subitem 7(4) of Part 1 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters
7	(4) Lake 24	An unnamed lake, known locally as Lake 24 (47°03′59″ N, 83°47′30″ W)

(6) The portion of subitems 7(6) to (8) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
7(6)	An unnamed lake, known locally as Poem Lake (47°03′13″ N, 83°47′42″ W)
(7)	Saddle Lake (46°57′10″ N, 83°47′17″ W)
(8)	Sill Lake (46°46′22″ N, 84°14′59″ W)

(7) Item 7 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (8):
Item	Column 1 Waters	Column 2 Description of Waters	Column 3 Geographic Township, if any	Column 4 County or Regional Municipality
7	(9) Sorley Lake	Sorley Lake (46°27′35″ N, 82°28′34″ W)	Buckles	City of Elliot Lake

33 (1) The portion of subitems 8(1) to (3) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
8(1)	Big Webb Lake (46°49′07″ N, 79°16′15″ W)
(2)	Camp Lake (46°45′20″ N, 79°17′16″ W)
(3)	Cut Lake (46°45′47″ N, 79°16′02″ W)

(2) The portion of subitems 8(5) to (8) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
8(5)	Emerald Lake (46°47′39″ N, 79°18′04″ W)
(6)	Green Lake (46°48′26″ N, 79°14′50″ W)
(7)	Jimmie Lake (46°44′43″ N, 79°21′04″ W)
(8)	Klock Lake (47°28′05″ N, 80°07′53″ W)

(3) Subitem 8(9) of Part 1 of Schedule 5 to the Regulations is repealed.

(4) The portion of subitems 8(10) to (28) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
8(10)	Liberty Lake (47°10′56″ N, 80°03′37″ W)
(11)	Little Clear Lake (46°08′07″ N, 79°01′44″ W)
(12)	Little Webb Lake (46°49′49″ N, 79°16′26″ W)
(13)	McConnell Lake (46°44′23″ N, 79°20′23″ W)
(14)	Modder Lake (46°45′30″ N, 79°22′52″ W)
(15)	Mug Lake (46°44′33″ N, 79°22′30″ W)
(16)	Norway Lake (46°45′08″ N, 79°15′08″ W)
(17)	Orient Lake (46°45′29″ N, 79°18′30″ W)
(18)	Otter Lake (46°49′01″ N, 79°18′07″ W)
(19)	Pascal Lake (46°09′27″ N, 79°02′12″ W)
(20)	Pine Lake (46°44′47″ N, 79°16′39″ W)
(21)	Planet Lake (47°28′15″ N, 80°06′55″ W)
(22)	Pole Lake (46°43′45″ N, 79°21′50″ W)
(23)	An unnamed lake, known locally as Quarry Lake (46°43′43″ N, 79°21′12″ W)
(24)	Rainbow Lake (47°25′27″ N, 80°10′54″ W)
(25)	Round Lake (46°46′33″ N, 79°18′55″ W)
(26)	Shanty Lake (46°45′45″ N, 79°19′41″ W)
(27)	Slade Lake (47°24′07″ N, 80°10′09″ W)
(28)	Spring Lake (46°45′31″ N, 79°16′38″ W)

(5) The portion of subitem 8(29) of Part 1 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters
8	(29) Sure Catch Lake	Sure Catch Lake (46°48′07″ N, 79°15′14″ W)

(6) The portion of subitems 8(30) to (32) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
8(30)	Troutbait Lake (46°48′04″ N, 79°17′14″ W)
(31)	Turtle Lake (46°09′15″ N, 79°01′52″ W)
(32)	Wolf Lake (46°46′49″ N, 79°52′39″ W)

34 (1) The portion of subitems 9(1) and (2) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(1)	Acorn Lake (45°41′23″ N, 77°36′45″ W)
(2)	Adams Lake (44°59′07″ N, 78°10′26″ W)

(2) The portion of subitems 9(3.1) to (7) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(3.1)	Baldcoot Lake (45°19′13″ N, 77°39′55″ W)
(4)	Blairs Lake (45°17′01″ N, 77°54′36″ W)
(5)	Blue Paint Lake (45°19′55″ N, 78°42′00″ W)
(6)	Bright Lake (45°23′27″ N, 78°50′46″ W)
(7)	Buchanan Lake (45°19′44″ N, 78°49′34″ W)

(3) The portion of subitem 9(8) of Part 1 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters
9	(8) Buck Lake (known locally as Buck Mountain Lake)	Buck Lake (Buck Mountain Lake) (45°22′35″ N, 77°20′55″ W)

(4) The portion of subitems 9(9) to (15) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(9)	Burleigh Lake (44°52′17″ N, 78°05′03″ W)
(10)	Burnt Lake (45°41′43″ N, 79°04′06″ W)
(11)	Capsell Lake (45°51′20″ N, 79°11′24″ W)
(12)	Carmichael Lake (45°47′53″ N, 79°07′40″ W)
(13)	Cod Lake (45°19′16″ N, 78°54′28″ W)
(14)	Crosstee (Pine) Lake (45°35′07″ N, 78°07′46″ W)
(15)	Crystalline Lake (45°26′24″ N, 78°44′46″ W)

(5) The portion of subitem 9(16) of Part 1 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters
9	(16) Currie Lake	Currie Lake (44°58′24″ N, 77°36′35″ W)

(6) The portion of subitems 9(17) to (19) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(17)	Dixie Lake (45°02′18″ N, 78°08′54″ W)
(18)	Doughnut Lake (45°27′51″ N, 78°54′31″ W)
(18.1)	East Lake (45°07′35″ N, 78°14′11″ W)
(19)	East Jeannie Lakes (45°20′02″ N, 78°43′40″ W)

(7) Item 9 of Part 1 of Schedule 5 to the Regulations is amended by adding the following after subitem (19):
Item	Column 1 Waters	Column 2 Description of Waters	Column 3 Geographic Township, if any	Column 4 County or Regional Municipality
9	(19.1) East Tommy Lake	East Tommy Lake (44°58′55″ N, 77°36′50″ W)	Cashel	Hastings County

(8) The portion of subitems 9(20) to (23) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(20)	Eastell Lake (45°23′51″ N, 79°01′24″ W)
(20.1)	Echo Lake (45°19′21″ N, 77°41′35″ W)
(21)	Eiler Lake (45°22′36″ N, 78°56′34″ W)
(22)	Evans Lake (45°19′57″ N, 77°55′45″ W)
(23)	Finger Lake (45°42′58″ N, 79°04′45″ W)

(9) The portion of subitems 9(24) to (27) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(24)	Graphite Lake (45°44′03″ N, 79°05′32″ W)
(24.1)	Greenbark Lake (45°14′13″ N, 78°00′09″ W)
(25)	Halls Lake (45°01′35″ N, 78°10′36″ W)
(26)	Hawk Lake (45°20′26″ N, 77°55′47″ W)
(26.1)	Hound Lake (45°08′32″ N, 78°00′11″ W)
(27)	Island Lake (45°46′02″ N, 79°07′15″ W)

(10) The portion of subitem 9(28) of Part 1 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters
9	(28) Jimmie Lake	Jimmie Lake (44°59′26″ N, 77°39′12″ W)

(11) The portion of subitems 9(29) to (32) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(29)	Johnson Lake (45°22′45″ N, 77°52′52″ W)
(30)	Kuwasda Lake (45°59′12″ N, 79°08′57″ W)
(31)	Laurier Lake (45°54′24″ N, 79°19′54″ W)
(32)	Little Beaver Lake (45°56′06″ N, 79°12′50″ W)

(12) The portion of subitem 9(33) of Part 1 of Schedule 5 to the Regulations in columns 2 and 4 is replaced by the following:
Item	Column 2 Description of Waters	Column 4 County or Regional Municipality
9(33)	Little Butt Lake (45°38′29″ N, 79°02′12″ W)	Town of Kearney

(13) The portion of subitems 9(34) and (35) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(34)	Little Meach Lake (45°17′22″ N, 78°07′18″ W)
(35)	Little Nelson Lake (45°28′48″ N, 78°57′03″ W)

(14) The portion of subitems 9(36) to (40) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(36)	Little Whetstone Lake (45°41′48″ N, 79°08′29″ W)
(37)	Lonesome Lake (45°34′52″ N, 78°07′58″ W)
(38)	Long Lake (45°51′04″ N, 79°11′23″ W)
(39)	Long Lake (45°49′48″ N, 79°15′33″ W)
(40)	Lost Lake (45°10′11″ N, 78°52′06″ W)

(15) The portion of subitem 9(41) of Part 1 of Schedule 5 to the Regulations in columns 1 and 2 is replaced by the following:
Item	Column 1 Waters	Column 2 Description of Waters
9(41)	Lowry (Bluerock) Lake	Lowry Lake (known locally as Bluerock Lake) (44°55′52″ N, 78°15′06″ W)

(16) The portion of subitems 9(42) to (70) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(42)	Martencamp Lake (45°25′00″ N, 78°55′27″ W)
(43)	McGuire Lake (45°43′44″ N, 79°04′41″ W)
(44)	Meach Lake (45°17′59″ N, 78°07′56″ W)
(45)	Millichamp Lake (45°19′32″ N, 78°49′45″ W)
(46)	Mitchell Lake (45°14′54″ N, 77°59′35″ W)
(47)	Mud Lake (45°48′39″ N, 79°08′36″ W)
(48)	Nabdoe Lake (45°41′15″ N, 79°05′01″ W)
(48.1)	Nelson Lake (45°29′31″ N, 78°57′21″ W)
(49)	Niger Lake (45°24′09″ N, 78°50′51″ W)
(50)	Nightfall Lake (45°32′31″ N, 78°56′44″ W)
(51)	An unnamed lake, known locally as No-name Lake (45°10′51″ N, 78°44′58″ W)
(52)	North Moonbeam Lake (known locally as Sawlog Lake) (45°35′05″ N, 78°07′09″ W)
(53)	Paisley Lake (45°48′44″ N, 79°14′05″ W)
(54)	Peyton Lake (45°46′18″ N, 79°09′14″ W)
(55)	Pine Lake (45°41′24″ N, 79°03′16″ W)
(55.1)	Pritchard Lake (45°06′24″ N, 77°34′44″ W)
(56)	An unnamed lake, known locally as Red Deer Lake (45°53′12″ N, 79°13′11″ W)
(57)	Rocky Lake (45°07′32″ N, 77°32′39″ W)
(58)	Roger Lake (45°26′05″ N, 78°44′40″ W)
(59)	Royal Lake (45°49′17″ N, 79°07′54″ W)
(60)	Runaround Lake (44°52′25″ N, 78°12′25″ W)
(60.1)	Saunders Lake (45°36′59″ N, 79°46′25″ W)
(61)	Shoelace Lake (45°12′33″ N, 78°45′16″ W)
(62)	Slipper Lake (45°17′21″ N, 78°41′34″ W)
(63)	South Wildcat Lake (45°19′20″ N, 78°34′59″ W)
(64)	Stethan Lake (44°50′34″ N, 78°07′48″ W)
(65)	Stick Lake (44°50′30″ N, 78°11′17″ W)
(66)	Stocking Lake (45°16′44″ N, 78°40′58″ W)
(67)	Stoney Lake (45°47′50″ N, 79°08′25″ W)
(68)	Stubinski Lake (45°12′57″ N, 76°53′26″ W)
(68.1)	Sud Lake (45°15′57″ N, 78°03′38″ W)
(69)	Sunrise Lake (45°25′34″ N, 78°45′16″ W)
(70)	Thumb Lake (45°23′21″ N, 78°52′24″ W)

(17) Subitem 9(71) of Part 1 of Schedule 5 to the Regulations is repealed.

(18) The portion of subitems 9(72) to (78) of Part 1 of Schedule 5 to the Regulations in column 2 is replaced by the following:
Item	Column 2 Description of Waters
9(72)	Trout Lake (45°48′13″ N, 79°08′42″ W)
(73)	Upper Oxbow Lake (45°24′35″ N, 78°57′56″ W)
(74)	Whetstone Lake (45°41′26″ N, 79°07′40″ W)
(75)	Wicklow Lake (45°21′22″ N, 77°58′14″ W)
(76)	Wilbur Lake (45°19′46″ N, 78°54′48″ W)
(77)	Windfall Lake (45°45′22″ N, 79°05′54″ W)
(78)	Yuill Lake (45°21′48″ N, 77°51′48″ W)

35 The portion of item 1 of Part 2 of Schedule 5 to the Regulations in column 1 is replaced by the following:
Item	Column 1 Waters
1	(a) The waters of Whitefish Bay of Lake of the Woods (49°22′25″ N, 94°08′17″ W), including Regina Bay (49°24′32″ N, 94°02′13″ W), Snake Bay (49°21′43″ N, 94°02′09″ W), Boot Bay (48°43′13″ N, 93°23′05″ W), Ghost Bay (49°21′42″ N, 94°14′08″ W), Brûlé Bay (49°23′11″ N, 94°13′42″ W), Knickerbocker Inlet (49°23′16″ N, 94°18′27″ W), Louis Inlet (49°25′30″ N, 94°17′08″ W), Cross Inlet (49°28′04″ N, 94°19′08″ W), Devils Bay (49°14′47″ N, 94°05′07″ W), Alfred Inlet (49°13′34″ N, 94°07′25″ W), Atikaminike Bay (49°14′29″ N, 94°02′36″ W), Camp Bay (49°15′11″ N, 94°02′26″ W), Cloverleaf Bay (49°25′12″ N, 94°07′58″ W), Log Bay (49°26′14″ N, 94°09′52″ W), Reedy Bay (49°25′15″ N, 94°05′27″ W), Willow Bay (48°36′33″ N, 92°47′13″ W) and Sammons Bay (49°23′45″ N, 93°59′28″ W); (b) Dryberry Lake (49°32′49″ N, 93°51′00″ W), including Northwest Bay (48°49′47″ N, 92°42′15″ W) and Point Bay (49°34′38″ N, 93°44′01″ W); (c) Point Lake (48°09′40″ N, 91°32′15″ W)

Coming into Force

36 These Regulations come into force on January 1, 2024, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE

(Section 28)

SCHEDULE 4

(Subsection 25(2), section 31, subsections 32(1) and (2))

Angling Gear and Equipment Restrictions

PART 1

Limits on Gear and Equipment
Item	Column 1 Description of Waters	Column 2 Limits on Gear and Equipment
Zone 1
1	All waters of Zone 1	Only one barbless hook per line
Zone 2
2	All waters of Zone 2, other than those referred to in items 3 and 4	No more than four hooks per line
3	Lake St. Joseph (51°03′13″ N, 90°49′37″ W)	Only one barbless hook per line
4	Those parts of Lake Nipigon’s tributaries in Zone 2	Only one barbless hook per line and, when angling through the ice, only artificial lures
Zone 3
5	All waters of Zone 3	No more than four hooks per line
Zone 4
6	All waters of Zone 4, other than those referred to in items 7 to 9	No more than four hooks per line
7	(1) Cloudlet Lake (49°58′50″ N, 92°21′13″ W) and connecting waters; (2) Hooch Lake (49°57′57″ N, 92°19′20″ W) and connecting waters; (3) Muskie Lake (49°56′58″ N, 92°17′41″ W) and connecting waters	Only one barbless hook per line and only artificial lures
8	Big Vermilion Lake (50°02′00″ N, 92°13′00″ W)	No more than four hooks per line and only artificial lures
9	The waters upstream of Snowshoe Dam (50°54′22″ N, 93°31′05″ W) on the Chukuni River, which include Red Lake (51°03′21″ N, 93°57′12″ W), Keg Lake (50°59′32″ N, 93°41′01″ W), Gullrock Lake (50°58′28″ N, 93°37′00″ W), Ranger Lake (51°03′54″ N, 93°34′33″ W), Two Island Lake (50°55′30″ N, 93°34′53″ W) and all parts of the Chukuni River between these lakes, and any waters flowing into the Red Lake and Gullrock Lake system	No more than four hooks per line but, when angling for lake trout, only one single-pointed barbless hook per line and only artificial lures
Zone 5
10	All waters of Zone 5, other than those referred to in items 11 to 14	No more than four hooks per line
11	All waters within the boundaries of Quetico Provincial Park	No more than four hooks per line, which must be barbless, and only artificial lures
12	The waters of Whitefish Bay of Lake of the Woods (49°22′25″ N, 94°08′17″ W), including Regina Bay (49°24′32″ N, 94°02′13″ W), Snake Bay (49°21′43″ N, 94°02′09″ W), Boot Bay (48°43′13″ N, 93°23′05″ W), Ghost Bay (49°21′42″ N, 94°14′08″ W), Brûlé Bay (49°23′11″ N, 94°13′42″ W), Knickerbocker Inlet (49°23′16″ N, 94°18′27″ W), Louis Inlet (49°25′30″ N, 94°17′08″ W), Cross Inlet (49°28′04″ N, 94°19′08″ W), Devils Bay (49°14′47″ N, 94°05′07″ W), Alfred Inlet (49°13′34″ N, 94°07′25″ W), Atikaminike Bay (49°14′29″ N, 94°02′36″ W), Camp Bay (49°15′11″ N, 94°02′26″ W), Cloverleaf Bay (49°25′12″ N, 94°07′58″ W), Log Bay (49°26′14″ N, 94°09′52″ W), Reedy Bay (49°25′15″ N, 94°05′27″ W), Willow Bay (48°36′33″ N, 92°47′13″ W) and Sammons Bay (49°23′45″ N, 93°59′28″ W)	No more than four hooks per line and, from January 1 to the Friday before the third Saturday in May, the hooks must be barbless
13	Dryberry Lake (49°32′49″ N, 93°51′00″ W), including Northwest Bay (48°49′47″ N, 92°42′15″ W) and Point Bay (49°34′38″ N, 93°44′01″ W), and Point Lake (48°09′40″ N, 91°32′15″ W)	No more than four hooks per line and, from January 1 to the Friday before the third Saturday in May, the hooks must be barbless
14	Clearwater Bay of Lake of the Woods (49°42′23″ N, 94°45′13″ W), Echo Bay of Lake of the Woods (49°39′00″ N, 94°53′58″ W) and Cul de Sac Lake (49°37′54″ N, 94°49′47″ W)	No more than four hooks per line, which must be barbless, but when angling for lake trout, only one barbless hook per line
Zone 6
15	All waters of Zone 6, other than those referred to in items 16 to 19	No more than four hooks per line
16	The part of the Arrow River in Zone 6	No more than four hooks per line, which must be barbless
17	The part of the Arrow River between the Robbins/Hartington Township line (48°07′52″ N, 90°01′34″ W) and its confluence with the Pigeon River in the Geographic Township of Devon	No more than four hooks per line and only artificial lures
18	The part of the Arrow River between the dam on Arrow Lake, Geographic Township of Hardwick, and the Robbins/Hartington Township line (48°07′52″ N, 90°01′34″ W)	No more than four hooks per line and only artificial flies
19	Lake Nipigon and those parts of its tributaries in Zone 6	Only one barbless hook per line and, when angling through the ice, only artificial lures
Zone 7
20	All waters of Zone 7, other than those referred to in items 21 to 24	No more than four hooks per line
21	(1) Borealis Lake (49°00′45″ N, 86°44′08″ W); (2) Three Finger Lake (48°43′32″ N, 86°19′06″ W)	No more than four hooks per line, which must be barbless
22	The part of the Kabinakagami River and all its tributary lakes and streams in the Townships of McGowan, Atkinson, Broughton, Cooper, Doucett and Mosambik, and the southeast half of the Nameigos Township, but excluding Anahareo Lake (48°37′14″ N, 84°41′08″ W)	Only one barbless hook per line and only artificial lures
23	(1) Dayohessarah Lake (48°47′00″ N, 85°02′00″ W); (2) Little Dayohessarah Lake (48°47′01″ N, 85°00′15″ W); (3) Rock Lake (48°30′09″ N, 84°33′23″ W)	No more than four hooks per line and only artificial lures
24	Those parts of Lake Nipigon’s tributaries in Zone 7	Only one barbless hook per line and, when angling through the ice, only artificial lures
Zone 8
25	All waters of Zone 8	No more than four hooks per line
Zone 9
26	All waters of Zone 9	No more than four hooks per line
Zone 10
27	All waters of Zone 10, other than those referred to in item 28	No more than four hooks per line
28	(1) The waters of that part of the East Goulais River lying between Laughing Lake (46°56′57″ N, 83°40′29″ W) in the Geographic Township of Menard and the confluence of the said river with the Goulais River (46°52′15″ N, 83°58′43″ W) in the Territorial District of Algoma; (2) The waters of that part of the Garden River lying between the dam at Ranger Lake (46°52′12″ N, 83°34′37″ W) in the Geographic Township of Reilly and the confluence of the said river with Garden Lake (46°45′21″ N, 83°41′55″ W) in the Geographic Township of Hurlburt	No more than four hooks per line and only artificial flies
Zone 11
29	All waters of Zone 11	No more than four hooks per line
Zone 12
30	All waters of Zone 12	No more than four hooks per line
Zone 13
31	All waters of Zone 13	No more than four hooks per line
Zone 14
32	All waters of Zone 14	No more than four hooks per line
Zone 15
33	All waters of Zone 15, other than those referred to in item 34	No more than four hooks per line
34	(1) Animoosh Lake (45°46′18″ N, 78°08′29″ W); (2) Harry Lake (45°25′44″ N, 78°26′41″ W); (3) Little Crooked Lake (45°49′39″ N, 78°11′19″ W); (4) Rence Lake (45°24′59″ N, 78°28′08″ W); (5) Scott Lake (45°29′10″ N, 78°43′21″ W); (6) Welcome Lake (45°25′06″ N, 78°25′04″ W); (7) Westward Lake (45°29′28″ N, 78°46′32″ W)	No more than four hooks per line and only artificial lures
Zone 16
35	All waters of Zone 16, other than those referred to in items 36 to 38	No more than four hooks per line
36	The waters of that part of the Credit River and its tributaries that are upstream of the Olde Base Line Road bridge in the Town of Caledon in the Regional Municipality of Peel	Only one single-pointed barbless hook per line and only artificial lures
37	(1) The waters of the main stem of the Grand River lying between the former Town of Paris, Brant County, and Brantford from a line drawn across the Grand River in the former Town of Paris at 100 m downstream of the Dundas Street West (Highway 2) bridge downstream to the pedestrian and service bridge (Oakhill Trail bridge) at 43°09′09″N, 80°19′05″W in the City of Brantford; (2) The waters of that part of the Grand River in the Township of Centre Wellington in the County of Wellington from the 2nd Line to Scotland Street in the Community of Fergus; (3) The waters of that part of the Grand River in the Community of Fergus in the Township of Centre Wellington in the County of Wellington between Tower Street and the Bissell Dam; (4) The waters of that part of the Grand River in the Township of Centre Wellington in the County of Wellington between a line drawn across the Grand River at 100 m downstream from the bridge located on the southern boundary of the Elora Gorge Conservation Area and a line drawn across the Grand River at 100 m upstream from the 8th Line of the Township of Centre Wellington; (5) The waters of that part of Whitemans Creek in the Geographic Township of Brantford in Brant County between Robinson Road and Cleaver Road	Only one barbless hook per line and only artificial lures
38	The waters of that part of the Grand River in the County of Wellington and the Regional Municipality of Waterloo (a) between 100 m downstream of the 8th Line Bridge, Township of Centre Wellington, and 100 m upstream of the boundary of the Townships of Centre Wellington and Woolwich; (b) between 100 m downstream of the boundary of the Townships of Centre Wellington and Woolwich and 100 m upstream of the Highway 86 bridge	Only one barbless hook per line and only artificial lures
Zone 17
39	All waters of Zone 17	No more than four hooks per line
Zone 18
40	All waters of Zone 18	No more than four hooks per line
Zone 19
41	All waters of Zone 19	No more than four hooks per line
Zone 20
42	All waters of Zone 20	No more than four hooks per line

PART 2

Number of Lines Permitted when Angling in Open Water
Item	Column 1 Description of Waters	Column 2 Number of Lines Permitted
1	All waters of Zones 1 to 20, other than those referred to in items 2 to 6	One
2	All waters of Zone 9	Two while trolling; otherwise one
3	All waters of Zone 13, excluding South Bay on Manitoulin Island	Two while trolling; otherwise one
4	In Zone 14, the waters of the St. Marys River from the gates of the Compensating Works downstream to Longitude 83°45′00″ W, which extends from Eagle Point of Hay Bay (46° 16′50″ N, 83°45′00″ W) south to the boundary with the United States	Two while trolling; otherwise one
5	All waters of Zone 19	Two while angling from a fishing vessel; otherwise one
6	The waters of Lake Ontario, in Zone 20, west of a line drawn from Bishops Point (44°18′15.34″ N, 76°11′39.14″ W) to the easternmost tip of Howe Island (44°18′5.53″ N, 76°11′42.49″ W) and thence to the easternmost tip of Wolfe Island (44°14′1.77″ N, 76°10′47.23″ W) and the lower Niagara River downstream of Niagara Falls, excluding the following waters: (a) all other tributaries to Lake Ontario; (b) Bay of Quinte, west of a straight line between the Glenora dock (44°02′30″ N, 77°03′31″ W) and the Adolphustown dock (44°02′52″ N, 77°03′02″ W) of the Glenora Ferry to the western entrance of the Murray Canal; (c) East Lake and West Lake in Prince Edward County; (d) Frenchman’s Bay; (e) Hamilton Harbour; (f) Murray Canal; (g) Presqu’île Bay; (h) Toronto Harbour; (i) Wellers Bay	Two while angling from a fishing vessel; otherwise one

PART 3

Number of Lines Permitted when Angling Through Ice
Item	Column 1 Description of Waters	Column 2 Number of Lines Permitted
1	All waters of Zones 1 to 20, other than those referred to in items 2 to 4	Two
Zone 4
2	Big Vermilion Lake (50°02′00″ N, 92°13′00″ W)	One
Zone 14
3	The eastern part of Parry Sound (known locally as Big Sound), Georgian Bay, being the waters of that part of the inner Big Sound of Georgian Bay, including Depot Harbour, Hay Bay and Parry Sound Harbour of eastern Georgian Bay, in the Territorial District of Parry Sound, bounded on the west by a straight line drawn from Cadotte Point on the north shore of Parry Island to the most easterly extremity of Killbear Provincial Park; thence following the water’s edge along the northwesterly, easterly and southerly shores past the Town of Parry Sound to the bridge at Rose Point; thence in a straight line northwesterly under the bridge to Parry Island; thence following the water’s edge to the place of beginning	One
Zone 15
4	(1) Art Lake (45°18′37″ N, 78°54′07″ W); (2) Aylen Lake (45°37′06″ N, 77°51′11″ W); (3) Bear Lake (45°20′28″ N, 78°42′34″ W); (4) Bella Lake (45°26′39″ N, 79°01′52″ W); (5) Blackstone Lake (45°13′54″ N, 79°53′01″ W); (6) Bob Lake (44°54′55″ N, 78°47′18″ W); (7) Boshkung Lake (45°03′58″ N, 78°43′45″ W); (8) Camp Lake (45°23′24″ N, 78°20′08″ W); (9) Carson Lake (45°30′50″ N, 77°45′29″ W); (10) Cashel Lake (44°54′54″ N, 77°33′02″ W); (11) Clear Lake (45°15′42″ N, 79°48′00″ W); (12) Clinto Lake (45°18′49″ N, 78°52′04″ W); (13) Cross Lake (known locally as Lyell Lake) (45°23′48″ N, 77°56′36″ W); (14) Drag Lake (45°04′27″ N, 78°24′38″ W); (15) Eagle Lake (45°08′16″ N, 78°29′29″ W); (16) Esson Lake (45°01′23″ N, 78°16′09″ W); (17) Faraday Lake (45°03′35″ N, 77°55′19″ W); (18) Galeairy Lake (45°29′03″ N, 78°17′13″ W); (19) Gliskning Lake (45°31′40″ N, 78°12′30″ W); (20) Grace Lake (45°04′20″ N, 78°14′05″ W); (21) Gull Lake (46°01′31″ N, 78°34′03″ W); (22) Halls Lake (45°06′32″ N, 78°44′44″ W); (23) Havelock Lake (45°17′29″ N, 78°37′52″ W); (24) Johnson Lake (45°15′57″ N, 78°37′20″ W); (25) Kamaniskeg Lake (45°25′03″ N, 77°41′23″ W); (26) Kawagama Lake (45°17′55″ N, 78°45′09″ W); (27) Koshlong Lake (44°58′23″ N, 78°29′07″ W); (28) Kushog Lake (45°05′24″ N, 78°47′32″ W); (29) Lake St. Peter (45°18′43″ N, 78°01′24″ W); (30) Limerick Lake (44°53′34″ N, 77°37′01″ W); (31) Limestone Lake (45°04′26″ N, 77°34′25″ W); (32) Little Boshkung Lake (45°02′19″ N, 78°43′06″ W); (33) Livingstone Lake (45°21′36″ N, 78°43′09″ W); (34) Lobster Lake (45°32′22″ N, 78°11′38″ W); (35) Long Lake (44°41′19″ N, 78°10′29″ W); (36) Loucks Lake (44°40′52″ N, 78°13′20″ W); (37) Marsden Lake (45°13′43″ N, 78°30′31″ W); (38) McCauley Lake (45°32′37″ N, 78°06′49″ W); (39) McKenzie Lake (45°21′52″ N, 78°01′10″ W); (40) Mephisto Lake (44°55′49″ N, 77°34′36″ W); (41) Moose Lake (45°08′59″ N, 78°27′50″ W); (42) Mountain Lake (44°58′32″ N, 78°42′38″ W); (43) Nunikani Lake (45°11′57″ N, 78°44′12″ W); (44) Oxtongue Lake (45°21′57″ N, 78°55′12″ W); (45) Papineau Lake (45°20′42″ N, 77°48′51″ W); (46) Paudash Lake (44°57′45″ N, 78°02′57″ W); (47) Paugh Lake (45°35′25″ N, 77°41′59″ W); (48) Purdy Lake (45°20′34″ N, 77°43′59″ W); (49) Raven Lake (45°35′26″ N, 78°38′57″ W); (50) Round Lake (45°38′26″ N, 77°31′44″ W); (51) Salmon Lake (44°49′07″ N, 78°26′47″ W); (52) Silent Lake (44°54′42″ N, 78°03′35″ W); (53) Skeleton Lake (45°15′04″ N, 79°27′11″ W); (54) Soyers Lake (45°01′29″ N, 78°36′36″ W); (55) St. Nora Lake (45°09′25″ N, 78°49′44″ W); (56) Sucker Lake (44°45′51″ N, 78°15′21″ W); (57) Twelve Mile Lake (45°01′30″ N, 78°42′16″ W); (58) Victoria Lake (45°37′09″ N, 78°01′22″ W); (59) Waterloo Lake (46°10′32″ N, 78°11′37″ W); (60) Windigo Lake (46°07′31″ N, 78°17′20″ W); (61) Whitefish Lake (45°17′29″ N, 79°46′40″ W); (62) Wollaston Lake (44°50′26″ N, 77°50′09″ W)	One

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The government of Ontario, through agreement with the federal government, has been delegated responsibility for managing the inland freshwater fisheries in that province. However, to make changes to the rules related to recreational fishing gear and equipment, such as the maximum number of hooks that may be attached to an angling line or the waters in which only artificial lures may be used, the Province has been required to seek federal approval of an amendment to the Ontario Fishery Regulations, 2007 (ONFR, 2007). This has impeded the province from quickly and adaptively managing its recreational fisheries.

Allowing the use of live fish as bait comes with potential ecological risks, such as introducing a fish species into a waterbody in which it is not native and introducing fish disease agents. There is a need to strike a balance between maintaining flexibility for anglers and commercial bait operators and safeguarding aquatic resources from unwanted introductions. Following extensive consultations with stakeholders, Ontario released its Sustainable Bait Management Strategy (the Strategy) in 2020. Among other baitfish rule changes, the Strategy advised of Ontario’s plan to remove 15 species from, and add one species to, the list of fish species that may be used live as bait. This change requires updating the species of baitfish schedule in the ONFR, 2007 (Part 2 of Schedule 1), hereafter referred to as the list of permitted baitfish species.

Ontario’s minister responsible for fisheries has written to the federal Minister of Fisheries and Oceans asking for regulatory changes to address these issues and other regulatory changes to the ONFR, 2007 and the Ontario Fishery Regulations, 1989 (ONFR, 1989) to support the province in effectively managing the fisheries for which it is responsible.

Background

The government of Ontario is responsible for managing recreational and commercial freshwater fisheries in that province. Responsibility for administering and enforcing the Ontario fishery regulations made under the federal Fisheries Act has been delegated to the Ontario government by agreement with the federal government. The ONFR, 2007 include provisions related to licensing, variation orders, fishing seasons, quotas, size limits, and gear restrictions, among other matters. The ONFR, 1989 contain the detailed boundaries of several hundred fish sanctuaries. Even though the Ontario government administers and enforces the ONFR, 2007 and the ONFR, 1989, the federal government is responsible for amendments to these regulations as they are made under the federal Fisheries Act.

Variation orders

Variation orders are an important fisheries management tool provided for under the Fisheries Act that allow regulatory authorities to quickly adjust, or vary, specific elements set out in the regulations as needed to respond to changing conditions in a fishery. Since their enactment, the ONFR, 2007 have authorized the provincial minister^{footnote 3} to vary the close times, fishing quotas and size limits specified in the ONFR, 2007 through the issuance of variation orders. This authority has allowed the province to adjust the times of the year when fishing is allowed on different waterbodies and for different species, how many fish anglers may catch and retain, and what sizes of fish may be kept versus must be released back into the water. The goal of varying these elements of fisheries management may be to protect vulnerable fish populations in certain waterbodies or to create unique angling experiences in others. For example, if the walleye population in a particular lake is struggling, quotas can be reduced to help the population rebound. If the brook trout population is abundant in another lake, the province may decide to change the upper size limit for that lake to allow the retention of larger trophy-sized brook trout. Variation orders may be used in the management of recreational sport fishing and commercial fishing.

One element Ontario has not historically been able to vary is gear and equipment set out in the ONFR, 2007. While Ontario has used terms and conditions of a licence to manage this gap for commercial fishing, it is impractical for Ontario to manage recreational gear and equipment requirements through terms and conditions on sport fishing licences. Over 1.2 million sport fishing licences are issued annually and not all recreational anglers are issued a distinct sport fishing licence, including Ontario residents under 18 and over 65. Allowing the province to additionally vary gear and equipment would predominantly affect the management of recreational sport fishing.

In 2019, the federal Fisheries Act was amended to create a new regulation-making authority to empower delegated individuals to also vary fishing gear or equipment. Prior to the present regulatory amendment, the ONFR, 2007 had not yet been updated to reflect this new authority and allow Ontario’s provincial minister to vary gear and equipment set out in the ONFR, 2007.

The province publishes an annual Ontario recreational fishing regulations summary (the summary), in print and on its website, to help recreational fishers follow the applicable regulations^{footnote 4} and variation orders. Among other things, this annual summary presents the general fishing rules and restrictions for the province, the fishing seasons and limits applicable to each Fisheries Management Zone (FMZ), and special restrictions and exceptions applicable to individual waterbodies within an FMZ. Recreational fishers may also consult Ontario’s Fish ON-Line online tool to learn more about fishing rules and restrictions applicable to waterbodies within Ontario. This tool is also updated annually to reflect any new variation orders. These user-friendly resources enable fishers to verify the rules and restrictions applicable to a waterbody, including those derived from variation orders, before going fishing.

Baitfish

In 2013, the Ontario Ministry of Natural Resources and Forestry initiated a comprehensive review of existing bait policies and regulations pertaining to the use, possession and transport of baitfish and leeches to address ecological risks and to modernize Ontario’s bait management framework. In July 2020, after extensive stakeholder consultation, the province finalized Ontario’s Sustainable Bait Management Strategy, 2020. The Strategy describes Ontario’s policy direction regarding the harvest, use and movement of baitfish and leeches by anglers and commercial operators. Ontario’s intention was to modernize its bait management framework to protect Ontario’s fisheries and the industries that rely on them, while providing flexibility and business certainty for commercial bait operators and anglers.

The harvest, movement, and use of baitfish can pose a significant risk to Ontario’s freshwater ecosystems, fisheries and the industries that rely on them by introducing aquatic species into waters in which they do not naturally occur, including invasive species such as the round goby and spiny water flea, and by spreading disease agents such as the viral hemorrhagic septicemia virus. These introductions can disrupt fish community dynamics in the receiving waterbody and result in the loss of native species, such as the sensitive brook trout and aurora trout.

It is estimated that 60% to 80% of licensed anglers use live baitfish at some point during the year. Much of this is purchased from Ontario’s commercial bait industry; however, surveys have shown that 30% to 50% of Ontario anglers who fish with live baitfish harvest their own bait at least some time during the year.^{footnote 5} It has also been shown that, in general, anglers in Ontario experience great difficulty distinguishing permitted baitfish species from non-permitted species. Consequently, personally harvested bait brings an increased risk of moving invasive and other non-target aquatic species across the landscape.

In addition to other measures to reduce the ecological risks of baitfish use, Ontario’s Sustainable Bait Management Strategy explained the Province’s intention to update the list of species of fish that may be used live as bait. The province’s focus was to remove those species that are

invasive, or can be easily confused with an invasive species;
provincially rare or can be easily confused with species listed under federal or provincial species at risk legislation;
not generally used as bait by anglers; or
not generally sold as bait by commercial operators.

As indicated in Ontario’s Sustainable Bait Management Strategy, the list of permitted baitfish species is set out in the ONFR, 2007.

Objective

The main objectives of this regulatory amendment are to

enable the provincial minister responsible for fisheries to vary gear and equipment requirements set out in the ONFR, 2007, as authorized by the 2019 amendment to the Fisheries Act, to eliminate the need to amend federal regulations to make simple changes to recreational fishing gear and equipment; and
make changes sought by the province regarding baitfish to reduce the ecological risks associated with the use of live baitfish, while supporting the continued use of baitfish and providing transparency and certainty for a sustainable bait industry.

Secondary objectives include codifying areas already closed to fishing through variation orders as fish sanctuaries, making minor changes to simplify or clarify a few fishing restrictions, and adding newly stocked lakes to the list of lakes in which it is prohibited to use or possess live baitfish.

Description

Changes to the ONFR, 2007

Adding the authority to vary gear and equipment. Subsection 13(1) of the ONFR, 2007 is updated to authorize the provincial minister to vary gear and equipment specified in the ONFR, 2007. This complements the existing authority for the provincial minister to vary close times, fishing quotas, and size limits set out in the ONFR, 2007. Sections 31 and 32 and Schedule 4 of the ONFR, 2007 are restructured to facilitate the issuance of variation orders varying angling gear and equipment for different FMZs or waterbodies, as set out in the new version of Schedule 4. The province has indicated that variations to angling gear and equipment requirements may include, but are not limited to, changes to the maximum number of hooks allowed per line, the number of lines permitted, and whether restrictions on using only barbless hooks or artificial lures apply to a waterbody.

Allowing two-lines while trolling throughout Lake Superior. Prior to this amendment, trolling with two lines was permitted in most of Lake Superior, but not in certain identified portions, such as Black Bay north of Bent Island. To simplify and make the rules easier for anglers to follow, the ONFR, 2007 are amended to allow trolling with two lines throughout FMZ 9.

Allowing two lines when fishing from a vessel throughout Lake Erie. Prior to this amendment, a person angling in open water from a fishing vessel was authorized to use two lines in most of Lake Erie, but not in certain identified portions, such as Rondeau Bay. To simplify and make the rules easier for anglers to follow, the ONFR, 2007 are amended to allow fishing from a vessel with two lines throughout FMZ 19.

Expanding where dead rainbow smelt may be possessed and used as bait. The rainbow smelt is a predatory fish that is not native to most of Ontario but has been introduced into many waters. Once rainbow smelt become established in a waterbody, they can cause significant impacts to existing fish communities. Live rainbow smelt may not be used as bait, or possessed for use as bait, anywhere in Ontario. Dead rainbow smelt, however, may be possessed and used as bait in most of Ontario. The ONFR, 2007 prohibit the possession and use of dead rainbow smelt as bait in FMZs 2, 4, 5, and 6. However, exceptions to this prohibition are also specified to allow the possession and use of dead rainbow smelt as bait in certain waters within these FMZs, generally waters of the Lake Nipigon watershed which already contain rainbow smelt populations. The ONFR, 2007 are updated to additionally exclude the Nipigon River in FMZ 6 and the tributaries of Lake Nipigon in FMZ 2 from the prohibition on possessing and using dead rainbow smelt as bait in FMZs 2, 4, 5, and 6.

Updating the list of species of baitfish (Schedule 1, Part 2). Fifteen species are removed from the list of permitted baitfish species. Specifically, the previously allowed sculpin species (two species), perch and darter species (nine species), as well as the three-spined stickleback, are removed from the list since they are often confused or misidentified with invasive species, such as the round goby, and they are typically not desirable or valuable species for anglers and commercial bait operators. The northern hog sucker, shorthead redhorse, and silver redhorse are removed since they are provincially rare or can be easily confused with species listed under federal or provincial species at risk legislation. One species is added to the list: the banded killifish. This species is plentiful throughout the Great Lakes basin with no sustainability concerns in Ontario. Altogether, the list is reduced from 48 to 34 permitted species.

Updating the list of waters where the possession or use of live baitfish is prohibited (Schedule 5, Part 1). Pack Can Lake (FMZ 8), Greenhorn Lake (FMZ 10) and Sorley Lake (FMZ 10) are added to the list. Ontario has started, or will soon start, stocking these lakes with aurora trout and wants to protect its investment and these rare fish from the risks associated with live baitfish use. Wynn Lake (FMZ 8) is removed from the list; however, a prohibition on the use and possession of live baitfish will still apply to Wynn Lake given that it is within Esker Lakes Provincial Park, which remains on the list.

Updating the meaning of reference to Lake Nipigon and its tributaries. While Lake Nipigon is located within FMZ 6, portions of its tributaries extend into FMZ 2 (north of FMZ 6) and FMZ 7 (east of FMZ 6). Prior to this amendment, references to Lake Nipigon and its tributaries in the ONFR, 2007 were interpreted as meaning only those tributaries within FMZ 6. The ONFR, 2007 are updated to clarify that the references to Lake Nipigon and its tributaries include the tributaries of Lake Nipigon, whether they are located in FMZ 2, 6, or 7. As a result, the following provisions apply to the portions of Lake Nipigon’s tributaries located in FMZs 2 and 7:

Prohibition on possessing a live brook trout or live lake trout caught by angling [subsection 25(1)];
Prohibition on using a stringer, impounding device or live holding box for holding fish while sport fishing (though a person may hold fish, other than brook trout or lake trout, in a livewell) [subsection 38(1)];
Prohibition on angling with anything other than an artificial lure when angling through the ice (Schedule 4);
Restriction to using only one line and one barbless hook when angling (Schedule 4); and
For commercial fishing, the size requirements specified in paragraph 42(2)(b) regarding balls or buoys marking the ends of hooklines and nets.

Changes related to crayfish. Since their enactment, the ONFR, 2007 have prohibited the importation of crayfish for use as bait, and the transport of crayfish overland, except if this is done under a licence to collect fish for scientific purposes issued under Ontario’s Fish and Wildlife Conservation Act, 1997. The ONFR, 2007 (Schedule 1, Part 1: Species of Fish) are amended to update the scientific names of crayfish, to reflect recent taxonomy changes and identify the current genus names of the crayfish present in Ontario waters. The ONFR, 2007 are also amended to exempt red swamp crayfish that are dead and have been prepared for human consumption from the prohibition on the overland transport of crayfish. The purpose of this change is to ensure that the ONFR, 2007 do not block restaurants and people in Ontario from accessing this potential food commodity. This change aligns the ONFR, 2007 with Ontario Regulation 354/16 under the Invasive Species Act, 2015 (Ontario), which also prohibit the importation and overland transport of red swamp crayfish, a prohibited invasive species in Ontario, unless they are dead and prepared for human consumption.

Administrative changes to the ONFR, 2007 include

adding GPS coordinates for many waterbodies and updating existing coordinates to ensure they are accurate and precise to provide certainty as to which waters a regulatory provision is referring;
updating the title of the provincial minister responsible for fisheries;
clarifying that the Ontario Ministry of Natural Resources and Forestry staff, and the Fisheries and Oceans Canada staff, are exempt from the provisions of the ONFR, 2007 when carrying out their duties as employees of these regulatory bodies;
updating the scientific (Latin) names for some fish species in Schedule 1 to reflect current taxonomy; and
correcting in Schedule 5 that Lake no. 21 is located in FMZ 10, not FMZ 11.

Changes to the ONFR, 1989 (Schedule V)

Creating three new sanctuaries to protect aurora trout in Aurora Lake, Little Aurora Lake and Little Whitepine Lake. The new sanctuaries close Aurora Lake, Little Aurora Lake and Little Whitepine Lake to all fishing, year-round. The lakes are located within Lady Evelyn-Smoothwater Provincial Park in the Temagami region, and the presence of naturally reproducing aurora trout populations was recently confirmed in these lakes. The lakes are adjacent to Whitepine Lake and Whirligig Lake, the two lakes in which aurora trout are believed to have originated and where sanctuaries have long been in place to protect wild, naturally reproducing populations of aurora trout. It is believed that aurora trout from the existing sanctuary lakes have colonized these smaller adjacent waterbodies. Prior to this amendment Ontario had already implemented, through variation orders, a year-round close time for all species for Aurora Lake, Little Aurora Lake and Little Whitepine Lake.

Expanding existing sanctuaries to include portions of Fushimi Lake, Hanlan Lake and a new segment of the Valentine River. The new areas cover the northern arm of Fushimi Lake and the embayment of Hanlan Lake where it meets the Valentine River, as well as the segment of the Valentine River, locally known as the “90 degree angle,” between Wolverine Lake and Pivabiska Lake. These new sanctuary areas are areas where walleye populations aggregate pre- and post-spawning before returning to their home range. As sanctuaries they will be closed to all fishing between April 1 and June 15. Prior to this amendment, Ontario had already closed these waters to fishing between April 1 and June 15 through variation orders.

Updating the descriptions of 11 sanctuaries. For nine sanctuaries, the description of the sanctuary’s location is amended without changing the actual area designated as a sanctuary. For two sanctuaries (no. 11 of Division 4 and no. 1 of Division 18), the boundaries of the sanctuaries are slightly expanded to relate them to new infrastructure, a new road and a moved dam, respectively, that can be easily located by fishers.

Regulatory development

Consultation

Authority to vary gear and equipment

The legislative amendments authorizing the regulatory changes for the use of variation orders for gear and equipment were consulted upon as part of the parliamentary review of the Fisheries Act that took place from 2016 to 2018; no additional consultations were undertaken on the regulatory changes.

Changes to the list of permitted baitfish species

The province undertook significant consultation during the development of its Sustainable Bait Management Strategy. Between 2014 and 2019, the bait industry and other stakeholders, Indigenous communities, and the public were consulted on multiple iterations of Ontario’s bait management proposal. Initial notices and proposals, which were intended to seek feedback, were posted on Ontario’s Environmental Registry in February 2014, November 2014, and June 2015. Ontario’s draft Strategic policy for bait management in Ontario was posted on the Environmental Registry in February 2017 to solicit feedback. The draft Strategic policy for bait management in Ontario was the subject of 28 in-person engagement sessions held in Kenora, Thunder Bay, Timmins, Sudbury, Kingston, Peterborough, Lindsay, Barrie, Toronto, and London. Some of these sessions were public open houses, while others were stakeholder-specific, targeting Indigenous communities and associations, the bait industry, or other stakeholder groups.

In September 2019, Ontario posted its draft proposal entitled Ontario’s Sustainable Bait Management Strategy, which incorporated feedback received during previous postings and sessions. For example, in the draft Strategy, Ontario no longer proposed removing the brook stickleback and ninespine stickleback from the list of permitted baitfish species after learning that these species are still commonly sold as bait by some operators and could be distinguished from invasive species. Notifications advising of the opportunity to submit feedback on the proposal were mailed to Indigenous communities, key stakeholders, and the bait industry. Of the 54 comments, 11 mentioned proposed changes to the list of permitted baitfish species. Two commenters felt that it was too restrictive, with one commenting that the change would mean bait operators would have to do more sorting and could have greater potential to be charged for having non-permitted species in their tanks, and the other suggesting brook silverside should be added to the list. Four commenters expressed support for changes to the list, and five commenters indicated that they believed the changes were not restrictive enough.

Overall, when considering the feedback received from all engagement activities, Ontario’s perception was that Indigenous communities were generally supportive of this change to reduce ecological risk, anglers were generally neutral to supportive, the tourism industry was generally neutral, and the commercial bait industry was slightly opposed.

Other fisheries management changes

Since 2012, the fisheries management zone advisory council for Lake Superior (FMZ 9) had expressed an interest in seeing the number of lines that may be used while trolling in FMZ 9 standardized to two lines. That is, eliminating the one-line while trolling restriction that applied to Black Bay, Nipigon Bay, and Michipicoten Bay of Lake Superior. This matter was discussed at several FMZ 9 advisory council meetings between 2012 and 2017, giving members representing various stakeholder groups the opportunity to comment. Council members unanimously voted to support this change.

The fisheries management advisory council for Lake Erie (FMZ 19) participated in a 2012 Great Lakes multi-line discussion workshop and had follow-up discussions on the proposal to allow two-lines while fishing from a vessel throughout FMZ 19 in 2012, 2018, and 2019. The advisory council agreed to support this change to standardize the number of lines allowed when angling from a vessel throughout FMZ 19. Letters of intent were circulated to Indigenous communities within the Lake Erie area on September 3, 2020. No responses were received regarding the proposed change.

Consultation on creating three new sanctuaries to protect aurora trout in Aurora Lake, Little Aurora Lake and Little Whitepine Lake occurred as part of a larger FMZ 11 zone-wide management plan. A social media post specific to these aurora trout lakes and asking for comments reached 26 872 people. The response was supportive of proceeding with sanctuaries to protect these rare, naturally reproducing populations of aurora trout.

The province posted an information notice on expanding existing sanctuaries to include portions of Fushimi Lake, Hanlan Lake, and a new segment of the Valentine River on Ontario’s Environmental Registry with a request for comments and supported this with various social media posts requesting feedback and comments. The new sanctuary areas were requested by local anglers and are widely supported to protect spawning walleye, a highly desirable sport fish species. The social media posts reached approximately 21 000 people; 2 182 people were engaged, and 21 comments were submitted. Of the people who submitted comments, 95% were supportive of creating the new sanctuary areas.

The changes to the list of waters where the possession or use of live baitfish is prohibited were consulted on as part of Ontario’s consultations on adding lakes to its aurora trout stocking program. Feedback on adding Greenhorn Lake and Sorley Lake was sought during meetings with the Algoma Fish and Game Club, Elliot Lake and Area Rod and Gun Club, and the FMZ 10 advisory council, in addition to letters seeking feedback from local Indigenous communities. For Pack Can Lake, the province engaged with Indigenous communities and organizations, Kirkland Lake District’s Fish and Wildlife advisory committee, and the Aurora Trout technical committee.

The province did not formally consult on the change to expand where dead rainbow smelt may be used as bait in FMZs 2 and 6, as it makes sense to exclude these portions of the Nipigon watershed from the prohibition since rainbow smelt populations already exist there. Additionally, the change simply gives anglers an additional option for choice of bait and does not impose anything.

No separate consultation on the ONFR, 2007 changes related to red swamp crayfish were undertaken as these changes simply align the ONFR, 2007 with Ontario’s Invasive Species Act, 2015 and its regulations, which already prohibited the overland transport of red swamp crayfish unless they are dead and prepared for human consumption.

Modern treaty obligations and Indigenous engagement and consultation

As per the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was completed. The assessment concluded that implementation of this regulatory amendment will not have an impact on the rights, interests, and/or self-government provisions of modern treaty partners. The ONFR, 2007 and ONFR, 1989 apply only in the province of Ontario and there are currently no modern treaties respecting lands in Ontario.

As mentioned in the “Consultation” section above, Ontario targeted Indigenous groups as part of its engagement activities on Ontario’s Sustainable Bait Management Strategy to ensure Indigenous communities and associations were aware of the planned changes and had the opportunity to give feedback. In addition to organizing the in-person sessions mentioned above that targeted Indigenous communities and associations, the province sent letters to all Indigenous communities (First Nations and Métis) and associations throughout Ontario seeking feedback on the draft of the Strategy. Feedback received from Indigenous commenters was generally supportive of the initiative intended to reduce ecological risk.

Instrument choice

To give the provincial minister the authority to vary gear and equipment, an amendment to the regulations was required to operationalize the regulation-making authority added to the Fisheries Act in 2019. No non-regulatory option was considered.

For the baitfish and other fisheries management changes, the regulatory option was deemed most appropriate. Regulations are enforceable and were therefore preferred over voluntary measures, particularly given the ecological risk of non-compliance. While changes made through variation order are also enforceable, not all of the changes being made to the ONFR, 2007 could be implemented through variation orders, including changes to the list of permitted baitfish species and expanding where dead rainbow smelt may be possessed and used as bait.

Regulatory analysis

Benefits and costs

The changes to the ONFR, 1989 will not yield incremental benefits or costs as the new sanctuary areas were already closed to fishing through variation orders.

Many of the changes to the ONFR, 2007 have no incremental benefit or cost as well. For example, the changes related to red swamp crayfish have no incremental benefit or cost as they simply align the ONFR, 2007 with prohibitions and permissions enabled through Ontario’s Invasive Species Act, 2015.

Adding Pack Can Lake to the list of waters where the possession or use of live baitfish is prohibited will have no incremental cost or benefit as this lake was closed to fishing in 2023 by variation order, and the 2022 and 2023 summaries already advised anglers not to possess or use live baitfish on this lake. As a new successfully stocked aurora trout lake, Ontario plans to open Pack Can Lake to fishing once every three years, between August 1 and October 15, for prized aurora trout fishing.

Benefits

The change giving the provincial minister the authority to vary gear and equipment will benefit both the provincial and federal governments by streamlining the process for changing rules related to recreational fishing gear and equipment in Ontario. The variation order process, in comparison to the process to amend the ONFR, 2007, requires less government resources and takes on average 6 to 12 months instead of 18 to 24 months. As Ontario’s variation order process does not necessitate federal government involvement, the magnitude of the benefit is greater for the federal government.

The changes related to the management of baitfish use are intended to protect aquatic ecosystems in Ontario and benefit stakeholders by supporting the long-term sustainability of fishing in Ontario.

Expanding where dead rainbow smelt may be possessed and used as bait will benefit anglers who like to harvest rainbow smelt for personal use as bait by allowing them to fish more waterbodies by this means. However, it does not benefit commercial bait operators since rainbow smelt may not be sold as bait in Ontario.

Costs

The change giving the provincial minister the authority to vary gear and equipment will itself have no cost impacts on Canadians, businesses in Canada, the provincial government or federal government. The cost impacts of future variations to gear and equipment cannot be estimated as the variations are not yet known. However, any impacts are expected to be small given that gear variations only alter an angler’s options for how they may fish on a particular waterbody (e.g. number of lines, types of hooks) and most anglers already have a tackle box containing what they need for each gear option.

Ontario’s approximately 1 100 commercial bait harvesters and retailers,^{footnote 6} as well as anglers harvesting for personal use, already need to sort their harvests according to the list of permitted baitfish species. Reducing the number of permitted baitfish species is not expected to result in significant operational costs associated with sorting through potential baitfish. Sorters are already aware of how to identify the removed species since previously they could screen in individuals of those species; now they have to screen them out (i.e. no new training in fish identification required). Research^{footnote 5} indicates that the 15 species being removed from the list are rarely sold by bait retailers in Southern Ontario. The loss of income impact from no longer being able to sell caught fish of the 15 removed species should be largely offset by the new permission to retain and sell banded killifish, which are known to be abundant throughout Ontario’s freshwater ecosystems. Commercial baitfish harvesters are required to keep records of the baitfish they harvest, and baitfish sellers are required to record the amount of baitfish they sell to anglers. Both harvesters and sellers provide an annual summary of baitfish harvested and sold to the Ontario Ministry of Natural Resources and Forestry. The current amendments will not increase this administrative burden. Taken together, the changes to the list of permitted baitfish species are anticipated to impose negligible incremental costs on commercial bait operators.

Prohibiting the possession and use of live baitfish on Greenhorn Lake and Sorley Lake would result in displacement costs for anglers in the area who have to travel elsewhere to fish with live baitfish. However, anglers could still fish those lakes using different bait and those who wish to use live baitfish could do so on many other lakes in the immediate vicinity.

Updating the meaning of reference to Lake Nipigon and its tributaries imposes new restrictions on the tributaries of Lake Nipigon in FMZ 2 and 7, as outlined in the “Description” section. However, these are not anticipated to impose any additional costs since these tributaries are generally small and remote and have little to no activity on them, particularly in the context of commercial fishing.

Small business lens

Analysis under the small business lens concluded that the regulatory amendment will not impact Canadian small businesses.

One-for-one rule

The one-for-one rule does not apply to the regulatory amendment, as the changes to the regulations are not expected to impose any additional administrative burden on businesses.

Regulatory cooperation and alignment

The government of Ontario and Fisheries and Oceans Canada cooperated on this regulatory initiative intended to align the federal regulations with the province’s desired fisheries management objectives, including Ontario’s Sustainable Bait Management Strategy.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan to identify the potential for important environmental effects was conducted. It concluded that a strategic environmental assessment was not required for the regulatory amendment. The regulatory amendment is not expected to result in important positive or negative environmental effects.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for these amendments. Overall, the incremental impacts of the amendments are expected to be negligible, and the changes apply equally to all individuals who chose to participate in recreational fishing or engage in commercial baitfish harvesting. While currently more men choose to fish for recreation and engage in commercial baitfish harvesting, the changes do not introduce barriers for other genders to engage in this leisure activity or source of income. During consultations, no comments were received about potential differential outcomes for people based on distributional factors such as gender, education, language, geography, culture, and income.

Implementation, compliance and enforcement, and service standards

Implementation

The government of Ontario will implement the changes to the ONFR, 2007 and ONFR, 1989. The changes will be communicated to the public and stakeholders through the province’s usual means for advising fishers of rule changes, including the annual Ontario recreational fishing regulations summary and the Fish ON-Line website.

The regulatory amendments come into force on January 1, 2024. This coincides with the first day of the 2024 recreational fishing season and the day on which the 2024 summary takes effect.

Compliance and enforcement

The changes to the ONFR, 2007 and ONFR, 1989 will be enforced through existing processes by the government of Ontario. As part of their normal patrol activities or in response to tips or information, provincial conservation officers will inspect anglers to determine compliance with the applicable rules. In the case of non-compliance, officers will use their discretion and determine the appropriate response. The Ontario Ministry of Natural Resources and Forestry’s compliance continuum outlines a spectrum of approaches that may be taken to encourage compliance or respond to an incident of non-compliance. The approaches range from education and warnings to enforcement action. As an enforcement tool, officers have the option to issue a ticket with a fine for certain minor fisheries offences. Fine amounts generally range from $50 to $1,000 based on the severity of the offence. Ticketed individuals may opt to voluntarily pay the prescribed fine or plead not guilty and contest the charge in court. When warranted, for example for repeat offenders or serious offences, officers may forgo ticketing and instead elect to lay charges and pursue prosecution through the summary conviction procedure of the Criminal Code in provincial court.

Contact

Jeff Brinsmead
Acting Fish and Wildlife Legislation Specialist
Fisheries Section
Fish and Wildlife Policy Branch
Ministry of Natural Resources and Forestry
300 Water Street, 5th Floor, North Tower
Peterborough, Ontario
K9J 3C7
Telephone: 705‑761‑6333
Email: jeff.brinsmead@ontario.ca

Footnotes

Footnote a

S.C. 2019, c. 14, s. 31(6)

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Footnote b

R.S., c. F-14

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Footnote 1

SOR/89-93

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Footnote 2

SOR/2007-237

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Footnote 3

The precise title of the provincial minister changes from time to time, but in general, it is the provincial minister responsible for fisheries. At present, it is the Minister of Natural Resources and Forestry.

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Footnote 4

In addition to the ONFR, 1989 and ONFR, 2007, many requirements related to fishing licences and certain other fishing requirements in Ontario are set out in provincial regulations made under Ontario’s Fish and Wildlife Conservation Act, 1997.

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Footnote 5

Drake, D.A.R. and Mandrak, N.E. (2014). Ecological risk of live bait fisheries: a new angle on selective fishing. Fisheries, 39(5), 201–211.

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Footnote 6

Ontario’s Sustainable Bait Management Strategy, 2020

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