Unmaintained roads

[Ralphy]

I think for a group moose hunting in a new area, going to The forestry for maps and information is a great idea. For a group such as ours who have been hunting in this area for 15 years I don’t think it is necessary. The CEO also said not to think of the roads as maintained or Unmaintained, so why go to the forestry or Township For information on maintained or unmaintained roads. The CEO said if you can drive on the road you should not shoot from or across it. I also think that 99.9% of hunters have enough brains not to hunt areas being logged. Three years ago while bow hunting and 15 a a few of us drove into an area being log and watch the workers the cut was not posted. Last year and 21a we were in a cut Watching the workers. It also was not posted.

[rick_iles]

I think for a group moose hunting in a new area, going to The forestry for maps and information is a great idea. For a group such as ours who have been hunting in this area for 15 years I don’t think it is necessary. The CEO also said not to think of the roads as maintained or Unmaintained, so why go to the forestry or Township For information on maintained or unmaintained roads. The CEO said if you can drive on the road you should not shoot from or across it. I also think that 99.9% of hunters have enough brains not to hunt areas being logged. Three years ago while bow hunting and 15 a a few of us drove into an area being log and watch the workers the cut was not posted. Last year and 21a we were in a cut Watching the workers. It also was not posted.

Not many logging operations post the blocks any more. To do that, it has to be included in their harvest plans, submitted to the MNRF. Most loggers hunt themselves so they leave the block open. As far as shooting from an old logging road, you will get different interpretations depending on the CO. We have never had an issue in some 50 years of hunting cuts. Just stay away from the main roads.

[Sam Menard]

From a law enforcement perspective, there are 2 concerns regarding shooting from/across roads to be aware of:
1) careless hunting e.g. discharging a fireman in a manner that poses a risk to yourself or others. Shooting down a road with a blind corner comes to mind. Remember, even if the road is un-maintained, you could still be charged with careless hunting if the circumstances warrant.

2) Un-maintained roads - section 63. (1) of Ontario Regulation 665/98… speaks to the unlawfulness of shooting in or across a right of way used for vehicular traffic. Subsection 63.(3) clarifies that the above only applies when the road is maintained.

So, under the right circumstances, you can shoot from or across an un-maintained right of way. The road condition would be a good indication whether the road has been maintained. I would look at the entire road vs the specific section that you are hunting on. Note; Chances are that if there is a reasonable chance that people would be travelling on that road, a CO might consider careless hunting if shooting down the road.

In addition to the above, there are additional regulations that address loaded firearms within right of ways.

Lastly, the “hunting regulations” booklet that you pick up at the MNRF or sporting good stores is a summary/synopsis of the regulations… and should not be confused with the actual legal documents.

[Sam Menard]

I should point out that for forestry purposes on Crown land in Northern Ontario, there are 3 types of roads: primary, branch, and operational road.

Primary roads provide principle access for the management unit, and are constructed, maintained and used as the main road system on the forest management unit. These roads are usually permanent however there may be significant periods of time when they, or segments, are not required for forestry purposes and are not regularly maintained.

Branch roads split off of primary roads and provide access to and through areas of forestry operations.

Operational roads are within areas of forestry operations and provide short-term access for logging, tree planting, and thinning operations.

Maintenance activities on all 3 types of road will depend on the forest industry’s plans for the area. One should expect that primary roads are regularly maintained whereas operational roads are often abandoned once the area has been logged over and re-planted.