'Passing' Question

[TreeGuy]

Hey Guys. What do you consider 'passing'? By that I mean discharging a projectile from either your gun or bow. From what I take from the regs, once a projectile is in motion, it is 'passing'. Also from what I take from the regs is that you cannot cause a projectile to pass within 200 meters of a roadway, home, etc.

I had a hunter tell me tonight that so long as he was off of the roadway, and his shot was sent AWAY from that roadway (bowzone) he was perfectly legal. Am I misunderstanding the regs, or is this guy incorrect. He really believes that he is obeying the law, so it's not a poaching thing. I'll probably be bumping into him several more time again this year as we both hunt the same private quarter. I don't want to rock the boat as we have to co-exist in the same area, and if he is making an honest mistake, I'd at least like to have to facts to make things right, and for God's sakes NOT bring the landowner into it. Any advice would be great.

Tree

[catnthehat]

To me that would mean 200 yards OFF the roadway and shooting away from the road or parallel to it within 200 yards.
Cat

[wallhangers]

Hope this will help
From general Prohibitions

It is unlawful to :
discharge a weapon within 183 m (200 yards) or cause a projectile from a weapon to pass within 183 m (200 yards) of any occupied building
Owners, occupants, or persons authorized by the owner or occupant are excepted, subject to local bylaws.

discharge a firearm from or cause a projectile from a firearm to pass along or across
a provincial highway,
a road that is paved, oiled, graded or regularly maintained, unless
the road is held under any active disposition under the Public Lands Act or under an order under the Surface Rights Act, or
the person is hunting game birds with a shotgun under the authority of a licence.

[duffy4]

So the fellow is right. the wording of the regulation has changed from "road allowence" to "road". So I recon once you step off the "road" you can shoot away from it. (and you can see from the regulation quoted above there is no distance stipulation, from the road )

Robin in Rocky

[russ]

I don't ever recall the regulation saying "road allowance".

[Dick284]

Point to note:
The 200yd rule only applies to occupied buildings, not to roads.
It boils down to control of your firearm and your projectile. Know what lays beyond your target, and what lies in the bullets path.
Responsability at it's best.
Control the situation and your projectiles are too then controlled.

[bowchaser]

and the 200 yd rule only applies to buildings you don't have permission to be around. If you want you can shoot off your deck.

[Dakota369]

So how far off the road do you have to be?? Does that mean you can shoot along and accross oil lease roads on crown land??

[albertadave]

So the fellow is right. the wording of the regulation has changed from "road allowence" to "road". So I recon once you step off the "road" you can shoot away from it. (and you can see from the regulation quoted above there is no distance stipulation, from the road )

Robin in Rocky

I'm not positive, but I believe ditches are still considered part of the "road". I think you would want to be 33 feet away from the center of the road (standard road allowance is 66' wide) before shooting. I know I wouldn't want to try to argue road vs. road allowance with the game warden. Better to be on the safe side and step across the fence.

[Tredeb]

Right from the wildlife act

Firearms on roads

51(1) A person shall not discharge a firearm from, or cause a projectile from a firearm to pass along or across,

(a) a highway designated as a primary highway under the Public Highways Development Act, or

(b) any other road that is paved, oiled, graded or regularly maintained in a municipal district or prescribed area.

(2) In subsection (1), “highway” or “road” includes, as well as the travelled portion of it, a width of land on either side of the travelled portion, including the inner 2 sides of a divided highway, that extends,

(a) if there is a fence parallelling the travelled portion that separates the adjacent lands from the travelled portion, to the fence,

(b) if there is an identifiable ditch alongside the travelled portion and there is no fence separating the travelled portion from the adjacent lands, to the edge of the ditch that is further from the travelled portion, or

(c) if there is no such fence or ditch, to a distance of 20 feet from the edge of the travelled portion,

and also includes the whole of the remaining area between the 2 travelled portions of a divided highway at any location where the distance between the 2 nearest points on the innermost edges of the 2 travelled portions is less than 200 yards.
(3) Subsection (1)(b) does not apply to a person hunting game birds with a shotgun under the authority of a licence authorizing the hunting of game birds.

(4) Subsection (1) does not apply with respect to a road that is on privately owned land and that is maintained for the private use of the owner or occupant or a road held under any active disposition under the Public Lands Act or under an order under the Surface Rights Act.

(5) Subsection (1) does not apply to a person engaged in a wildlife depredation control program authorized in writing by the Minister.

Essentially, that means the road allowance

Trev

[Dakota369]

"a road held under any active disposition under the Public Lands Act"

Does a oil lease road fall under this description??

[TreeGuy]

Awesome info guys, thanks!

So I was wrong and the other hunter was perfectly legal. I am very happy to NOT have to have THAT conversation in the field!:D

Tree

[mud slug]

as far as i know oil lease roads do not fall under mantianed rds

[duffy4]

Tree guy

Look again at "Tedeb's" post.


When this fellow says "so long as he was off of the roadway" What does he mean by the roadway? By the above definitions, standing in the ditch, or on the "road side of the fence" you are still on the "road" and cannot shoot.

Robin in Rocky

[TreeGuy]

Thanks Duffy.

My story was told second hand. The road was serviced and actually graded that day. He had written permission for the entire area and was taking his shots (bow) beyond the fence and perpendicular to the road, so he is in fact correct. Good info though.

Tree