Spearfishing Ontario?

[MihajloSimsic]

Just something I've recently looked into, regulations say cannot possess a spear within 30m of a water edge unless spearing for carp or white sucker within season. My question is if this is above or below water as it doesn't specify? I have free diving gear along with scuba diving certification and always wanted to give it a go but I'd like to know if this is something that'd be restricted to a carribean trip. Thanks!

[trimmer21]

Just something I've recently looked into, regulations say cannot possess a spear within 30m of a water edge unless spearing for carp or white sucker within season. My question is if this is above or below water as it doesn't specify? I have free diving gear along with scuba diving certification and always wanted to give it a go but I'd like to know if this is something that'd be restricted to a carribean trip. Thanks!

Leave it for your Carribean trip. Outfitters will be glad to rent a speargun to you. Here,they're listed under The Criminal Code as a prohibited device. Spear guns are also illegal to possess and use under the Ontario FWCA.

[werner.reiche]

Leave it for your Carribean trip. Outfitters will be glad to rent a speargun to you. Here,they're listed under The Criminal Code as a prohibited device. Spear guns are also illegal to possess and use under the Ontario FWCA.

The spear gun is prohibited under the criminal code. Spears or the Hawaiian sling are not. The Hawaiian sling is the spear with elastic sling they use on Survivor.

[trimmer21]

The spear gun is prohibited under the criminal code. Spears or the Hawaiian sling are not. The Hawaiian sling is the spear with elastic sling they use on Survivor.

Thanks for the info,werner.

[Snowwalker]

The spear gun is prohibited under the criminal code. Spears or the Hawaiian sling are not. The Hawaiian sling is the spear with elastic sling they use on Survivor.

There are also variations used like an arrow firing slingshot. Legal as I understand it, but not sure if you could hunt with them. Small game maybe.

[redd foxx]

Below is the section of the Ontario Fishery Regulations that I think apply to the question. No person shall fish with a spear gun or possess one in the water or within 30 m of the water.

Prohibited Fishing Methods and Gear
9 (1) No person shall fish with
(a) a hook used in such a manner as to pierce or hook a fish in any part of the body other than the mouth;
(b) a gaff;
(c) a snare;
(d) a snagger; or
(e) a spear gun.
(2) Despite paragraph (1)(b), a person may use a gaff, other than a spring gaff, to assist in the landing of a fish.
(3) No person shall retain a fish that has been pierced or hooked in any part of the body other than the mouth while angling except a fish that has been pierced or hooked while being landed with a gaff that is not a spring gaff.
SOR/2014-311, s. 2
Previous Version
10 (1) No person shall possess a snagger, spear gun or spring gaff in any waters or within 30 m of any water’s edge.
(2) Except when spear fishing in accordance with these Regulations, no person shall possess a spear for the purpose of fishing in any waters or within 30 m of any water’s edge.
(3) No person shall possess a snare for the purpose of fishing in any waters or within 30 m of any water’s edge.
SOR/2018-216, s. 8

[FishHog]

Leave it for your Carribean trip. Outfitters will be glad to rent a speargun to you. Here,they're listed under The Criminal Code as a prohibited device. Spear guns are also illegal to possess and use under the Ontario FWCA.

I don’t think this is true but am having a hard time finding the regs. I believe you can possess a speargun but can’t have it within 30m of water

So legal to own but not legal to use in Ontario. But you can pack it on a trip and use where legal

But if anyone can find it in the laws I’d appreciate it to verify

[blacklab]

You can use a crossbow to shot carp so what’s the difference. I can swim around with my crossbow just the same.

[werner.reiche]

You can use a crossbow to shot carp so what’s the difference. I can swim around with my crossbow just the same.

The difference is one is not prohibited in the regs while the other is explicitly prohibited.

Looks like they've reworded the regs to bring in some ambiguity.
The old wording used to explicitly prohibit the possession of a spear gun within 30m of any water body.
The new wording, less clear still prohibits "or possess a spring gaff, snagger or speargun, or a snare for the purpose of fishing, within 30 m of any waters."
It then goes on to explain when the user of a spear is permitted.

Page 12 of 2024 regs.

• take fish with a gaff, snare, snagger or spear
gun, or possess a spring gaff, snagger or spear
gun, or a snare for the purpose of fishing, within
30 m of any waters. A spear is only permitted
within 30 m of any waters when it is being used
in accordance with non-angling methods of
capturing fish (page 15). A gaff, other than a
spring gaff, may be used to assist in landing fish
caught by lawful means. A spring gaff includes
any device which uses a mechanical spring,
other than the fishing rod under tension, to set
the hook for an angler.
• catch or retain a fish by impaling

The page 15 reference is:

Spears: cannot be possessed on or within 30 m ofthe edge of any waterbody except when fishing for
carp and White Sucker as described within the
Non-Angling Methods of Capturing Fish.

[crayfish]

Just watched a Michigan out of doors, they opened it up there for game fish recently. too bad we live in a nanny state