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120 



ACT FOR THE PROTECTION OF INSECTIVOROUS AND OTHER BIRDS. 



Chapter 289, R.S.O. 1897. 



ER MAJESTY, by and with the advice and consent of the Legislative Assembly 

 of the Province of Ontario, enacts as follows: 



1. Nothing in this Act contained shall be held to affect The Ontario Game Protection 

 Act, or to apply to any imported cage birds or other domesticated bird or birds generally 

 known as cage birds, or to any bird or birds generally known as poultry. 



2._(i) Except as in section 6 of this Act provided, it shall not be lawful to shoot, 

 destroy, wound, catch, net, snare, poison, drug or otherwise kill or injure, or to attempt 

 to'^shoot, destroy, wound, catch, net, snare, poison, drug or otherwise kill or injure, any 

 wild native birds other than hawks, crows, blackbirds and English sparrows, and the 

 birds especially mentioned in The Ontario Game Protection Act. 



(2) Any person may, during the fruit season, for the purpose of protecting his fruit 

 from the attacks of such birds, shoot or destroy, on his own premises, the bird known 

 as the robin without being liable to any penalty under this Act. 



3. Except as in section 6 of this Act provided, it shall not be lawful to take, capture, 

 expose for sale or have in possession any bird whatsoever, save the kinds hereinbefore 

 or hereinafter excepted, or to set wholly or in part any net, trap, springe, snare, cage or 

 other machine or engine, by which any bird whatsoever, save and except hawks, crows, 

 blackbirds and English sparrows, might be killed and captured; and any net, trap, 

 springe, snare, cage or other machine or engine, set either wholly or in part for the 

 purpose of either capturing or killing any bird or birds save and except hawks, crows, 

 blackbirds and English sparrows, may be destroyed by any person without such person 

 incurring any liability therefor. _ , 



4. Save as in section 6 of this Act provided, it shall not be lawful to take, injure, 

 destroy or have in possession any nest, young or egg of any kind whatsoever, except of 

 hawks, crows, blackbirds and English sparrows. 



5. Any person may seize, on view, any bird unlawfully possessed, and carry the 

 same before any justice of the peace, to be by him confiscated, and if alive to be 

 liberated; and it shall be the duty of all market clerks and policemen or constables on 

 the sipot to seize and confiscate, and if alive to liberate, such birds. 



6. The chief game warden for the time being, under The Ontario Game Protection 

 Act, may on receiving from any ornithologist or student of ornithology, or biologist, 

 or student of biology, an application and recommendation according to the forms A 

 and B in the schedule hereto, grant to such an applicant a permit in the form C in said 

 schedule, empowering the holder to collect, and to purchase or exchange all birds or 

 eggs otherwise protected by this Act, at any time or season he may require the same 

 for the purposes of study, without the liability to penalties imposed by this Act. 



7. The permits granted under the last preceding section shall continue in force 

 until the end of the calendar year in which they are issued, and may be renewed at 

 the option of the chief game warden for the time being under The Ontario Game 



P7*Ot€Ct'i07% Act 



g (1) The violation of any provision of this Act shall subject the offender to the 



payment of not less than one dollar and not more than twenty dollars, with costs, on 

 summary conviction, on information or complaint before one or more justices of the 



peace. , i, • i.- 



(2) The whole of the fine shall be paid to the prosecutor unless the convicting 

 justice has reason to believe that the prosecution is in collusion with and for the 

 purpose of benefiting the accused, in which case the said justice may order the disposal 

 of the fine as in ordinary cases. . . 



(3) In default of payment of the fine and costs, the offender shall be imprisoned 

 in the nearest common gaol for a period of not less than two and not more than twenty 

 days, at the discretion of the justice. 



9. No conviction under this Act shall be quashed for any defect in the form thereof, 

 or for any omission or informality in any summons or other proceedings under this Act 

 so long as no substantial injustice results therefrom. 



