The Ministry has used section 29(1) of the EBR to post notice of this Exception as the delay in giving notice to the public and allowing for public participation would result in, (a) danger to the health or safety of any person; (b) harm or serious risk of harm to the environment; or; (c) injury or damage or serious risk of injury or damage to any property.

Chronic Wasting Disease (CWD) has occurred or is present in 14 U.S states and 2 provinces (Alberta and Saskatchewan) and has been most recently found in deer in New York State 150 kilometres from Kingston, Ontario in May, 2005 and in West Virginia in September, 2005. As CWD has been detected closer to Ontario in recent months, the need for action to minimize the risk of CWD entering Ontario has become more immediate.

Scientific understanding of how CWD spreads and is transmitted is still growing, but the immediate need is to address potential pathways. One of these pathways could be the importation of hunter harvested carcasses and carcass parts of members of the deer family, including white-tailed deer, mule deer and elk, species that are affected by CWD in the wild in some jurisdictions.

This regulation will restrict the possession in Ontario of high risk parts of these species harvested in other jurisdictions. It is being implemented now so it will be in place for most deer seasons in other jurisdictions when the deer harvest is greatest and to allow the opportunity to inform Ontario hunters going to other jurisdictions about the regulation.

Most North American jurisdictions, whether CWD is present or not, are taking steps to minimize the spread the spread of CWD. Ontario joins Manitoba and more than 20 states that have already taken action to address the spread of CWD through limiting the movement/possession of high risk carcass parts.

A delay in undertaking the implementation of this regulation change could potentially increase the risk of an infected animal /parts entering Ontario. Hunting seasons in other jurisdictions in which Ontario hunters participate (for deer specifically) generally open in mid-late November.

Surveillance activities (2002 to present) have not detected CWD in Ontario so preventing its entry is a priority.

Chronic Wasting Disease (CWD) is a degenerative, fatal brain disease that affects certain members of the deer family, including white-tailed deer and elk. The disease is believed to be caused by abnormal proteins called prions, which are concentrated in certain body parts, including the brain, spinal column and eyes. CWD is in the same family of diseases as bovine spongiform encephalopathy (BSE or Mad Cow Disease). There is no evidence to date that CWD can be transmitted to humans or to domestic livestock such as cattle. There is a significant risk to wild Ontario deer and elk if CWD enters Ontario as the disease is fatal in these species and there is no cure.

One potential pathway for the spread of CWD is from movement of infected parts of carcasses into Ontario that could spread the infective prions into the environment. Those parts considered to be high risk because they contain concentrations of the prions include the head, spinal column, lymph nodes unprocessed antlers or hide, hoofs, lymph nodes, eyes, spleen, mammary glands, entrails and internal organs.

This regulation will prohibit the possession in Ontario of these high risk carcass parts of deer, elk and other members of the deer family (e.g. game farm deer species) from other jurisdictions.

Hunters will still be allowed to bring into Ontario meat and other parts such as antlers, if the parts are properly treated to minimize the risk of CWD transfer. Hunters will still be able to possess moose and caribou from other jurisdictions as these species are generally not considered a risk of CWD transfer at this time.

There are currently no controls on the import to, or possession in, Ontario, or processing and disposal, of such high risk carcass parts from these species harvested by Ontario hunters in other jurisdictions.

To ensure the public is aware of the amendment to O. Reg. 666/98 (Possession, Buying and Selling of Wildlife) under the Fish and Wildlife Conservation Act to prohibit possession in Ontario of certain parts of deer species and elk killed in other jurisdictions, to help minimize the risk of entry of Chronic Wasting Disease into Ontario.

To proceed with implementation of the regulation changes described in this notice.

O. Reg. 561/05 amending O. Reg. 666/98 under the Fish and Wildlife Conservation Act came into effect on November 4, 2005, the date on which it was filed with the Registrar of Regulations. O. Reg. 561/05 was published in the November 19, 2005 edition of the Ontario Gazette (a link to its website appears below).

The web-links which appear towards the bottom of this notice provide additional information about this notice and Chronic Wasting Disease.

Information on the regulation will also be provided as follows:

- MNR CWD Website for general information on CWD and specific information on the regulation

- OMAFRA website for information on CWD and agriculture

- CFIA links for information from federal government on CWD

- e-laws: Fish and Wildlife Conservation Act and Regulations

- the Ontario Gazette

Non-electronic information (CWD fact sheets, 2006 Hunting Summary available in April 2006) will be available at MNR offices and Government Information Centers.

The anticipated environmental, social and economic consequences of the proposal are positive as it helps reduce the risk of CWD entering Ontario via carcasses of infected deer, elk and other members of the deer family.

The anticipated environmental consequences of this regulation are expected to be positive by reducing the potential risk for mortalities in wild deer and elk populations in Ontario.

The anticipated social consequences of this regulation are expected to be positive by preventing significant mortalities in deer and helping to sustain the recreational benefits from deer hunting.

The anticipated economic consequences of this regulation are expected to be positive as it reduces the risk of loss of revenues from hunting license sales and related economic benefits to associated businesses. There are significant costs associated with CWD control and eradication should it occur in Ontario.

Wildlife Section
MNR Fish and Wildlife Branch
5th Floor, North Tower, 300 Water Street
Peterborough Ontario
K9J 8M5
Phone: (705) 755-1940
Fax: (705) 755-1900