O. Reg. 204/19: GENERAL

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ontario regulation 204/19

made under the

Nutrient Management Act, 2002

Made: May 30, 2019
Filed: June 14, 2019
Published on e-Laws: June 14, 2019
Printed in The Ontario Gazette: June 29, 2019

Amending O. Reg. 267/03

(GENERAL)

1. (1) Paragraphs 1 and 2 of the definition of “agricultural source materials” in subsection 1 (1) of Ontario Regulation 267/03 are revoked and the following substituted:

1. Manure, including associated bedding materials, whether or not located on an agricultural operation.

2. Runoff from farm animal yards, outdoor confinement areas and permanent nutrient storage facilities that contain only manure and associated bedding materials, whether or not located on an agricultural operation.

(2) The definition of “commercial fertilizer” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“commercial fertilizer” means a fertilizer or supplement, as each of those terms is defined in the Fertilizers Act (Canada), that is regulated under that Act, subject to subsection (2.1); (“engrais commercial”)

(3) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“manure”, unless otherwise specified, means manure produced by farm animals; (“fumier”)

“non-farm herbivorous animal” means a mammal that is not a farm animal or a primate, and whose primary diet, in its natural state, is obtained by grazing or browsing on herbivorous materials such as grass, leaves, woody shoots, grains or seeds; (“herbivore non agricole”)

(4) Paragraph 4 of the definition of “non-agricultural source materials” in subsection 1 (1) of the Regulation is revoked and the following substituted:

4. Any other material,

i. that is not from an agricultural source and that is capable of being applied to land as a nutrient, and

ii. that is not an agricultural source material;

(5) Section 1 of the Regulation is amended by adding the following subsection:

(2.1) For the purposes of the definition of “commercial fertilizer” in subsection (1), a commercial fertilizer does not include a fertilizer or supplement that is exempt from the Fertilizers Act (Canada) and the Fertilizers Regulations (Canada) made under that Act under section 3 of those regulations.

(6) Clause 1 (3) (b) of the Regulation is revoked.

2. (1) Subsection 10 (1) of the Regulation is amended by striking out “prescribed materials generated” and substituting “prescribed materials that are generated and prescribed materials that are received”.

(2) Subsection 10 (2) of the Regulation is amended by adding “and prescribed materials that are received” after “generated”.

3. Subsection 17 (2) of the Regulation is revoked and the following substituted:

(2) A nutrient management strategy for an agricultural operation must account for,

(a) the maximum total quantity of prescribed materials that the person who owns or controls the operation reasonably believes will be generated in a single year by the operation; and

(b) the maximum total quantity of prescribed materials that the person who owns or controls the operation reasonably believes will be received in a single year by the operation.

4. Section 18 of the Regulation is revoked.

5. (1) Subsection 22 (1) of the Regulation is revoked.

(2) Subsection 22 (7) of the Regulation is revoked.

6. Subsection 22.1 (6) of the Regulation is revoked and the following substituted:

(6) Despite subsection 17 (2), the amendment must account for the maximum total quantity of prescribed materials that the person who owns or controls the operation reasonably believes will be generated and received in a single year by the operation.

7. Section 25 of the Regulation is revoked.

8. Section 26.4 of the Regulation is amended by adding the following subsections:

(4) Subsections 26.2 (1), (2) and (3) apply in respect of the amendment, with any necessary modifications and with the additional modifications set out in subsections (5), (6) and (7).

(5) Despite clause 26.2 (1) (c),

(a) the existing contingency plan must be updated to account for the changes to the NASM application area, the NASM to be received by the agricultural operation and the NASM storage facilities, and this must be done before the amended NASM plan is submitted for approval, where applicable; and

(b) the update to the contingency plan comes into effect if and when the amended NASM plan is approved, if the plan requires approval, and upon its being made, otherwise.

(6) Despite clause 26.2 (1) (d), the declaration must state that the NASM plan as amended,

(a) is complete;

(b) provides an accurate description of any changes made to the NASM application area, the NASM to be received by the agricultural operation and the NASM storage facilities;

(c) provides an accurate description of any other changes to be made to the agricultural operation as a result of the changes referred to clause (b); and

(d) has been prepared in accordance with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol.

(7) Despite subsection 26.2 (2), the amended NASM plan must account for the total quantity of nutrients that it is reasonable to expect will be applied to the NASM application area in the course of the agricultural operation during each year for which the plan is prepared.

(8) In the case of a NASM plan that required approval of the Director, section 28 applies in respect of the amendment, with necessary modifications.

9. (1) Subsection 27 (1) of the Regulation is amended by striking out “Subject to subsection (2), a” at the beginning of the portion before clause (a), and substituting “A”.

(2) Subsection 27 (2) of the Regulation is revoked.

10. Section 28.1 of the Regulation is revoked and the following substituted:

Review and update

28.1 The person who owns or controls an agricultural operation shall, on or before February 15 in each year,

(a) review and, if necessary, update any nutrient management strategy, plan or NASM plan that relates to the operation to ensure that it accurately reflects the operation on the farm unit or NASM plan area during the current year, including any anticipated changes to the operation during the current year; and

(b) prepare a written statement that,

(i) indicates that an annual review of the nutrient management strategy, plan or NASM plan was completed in compliance with this section,

(ii) indicates whether the annual review identified any change in operations that requires an update to the nutrient management strategy, plan or NASM plan, as the case may be, and

(iii) if an update to the nutrient management strategy, plan or NASM plan, as the case may be, was required as a result of the annual review, briefly describes the update and the date the document was updated.

11. Section 29 of the Regulation is revoked and the following substituted:

Renewal after five years

29. If a nutrient management plan is in force for an agricultural operation and if the operation is to continue being carried out after the plan ceases to be in force under subsection 26 (1), a person who owns or controls the operation shall have a new nutrient management plan prepared for the operation at least 90 days before the original plan ceases to be in force.

12. Paragraph 2 of subsection 110 (1) of the Regulation is revoked and the following substituted:

2. The written statement required under clause 28.1 (b).

13. Subsection 113 (2) of the Regulation is amended by adding the following clause:

(a.1) in the case of the written statement required under clause 28.1 (b), for at least two years after the statement is made;

14. Items 8 and 9 of Table 1 of Schedule 4 to the Regulation are revoked and the following substituted:

 

8.	Manure from non-farm herbivorous animals. including associated bedding materials.
9.	Runoff from animal yards that are used only by non-farm herbivorous animals.
10.	Runoff from permanent nutrient storage facilities containing only manure from non-farm herbivorous animals, including associated bedding materials.
11.	Washwaters from a building or structure, or part of a building or structure, that houses only non-farm herbivorous animals.
12.	Any mixture of materials listed in Items 1 to 11.
13.	Anything listed in Items 1 to 12 that is mixed with agricultural source materials, commercial fertilizer, or compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards.

 

Commencement

15. This Regulation comes into force on the later of July 1, 2019 and the day it is filed.

 

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