H 



ACT FOR THE PROTECTION OF INSECTIVOROUS AND 

 OTHER BIRDS. 



CHAP. 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. (1) 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 other- 

 wise 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, spring, snare, cage, or other machine or engine, by which any bird whatso- 

 ever, save and except hawks, crows, blackbirds, and English sparrows, might be 

 killed and captured ; and any net, trap, spring, 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 what- 

 soever, 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 spot 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 recom- 

 mendation according to the forms A and B in the schedule hereto, grant to such 

 an applicant a permit in the form 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. 



