O. Reg. 511/05: GENERAL
filed September 29, 2005 under Nutrient Management Act, 2002, S.O. 2002, c. 4
Skip to contentontario regulation 511/05
made under the
nutrient management act, 2002
Made: September 21, 2005
Filed: September 29, 2005
Printed in The Ontario Gazette: October 15, 2005
Amending O. Reg. 267/03
(General)
1. (1) The definition of “accredited certifier” in subsection 1 (1) of Ontario Regulation 267/03 is revoked.
(2) The definition of “agricultural source material” in subsection 1 (1) of the Regulation is amended by striking out “November 1991” in the portion before paragraph 1 and substituting “November 2004”.
(3) 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 both of those terms are defined in the Fertilizers Act (Canada); (“engrais commercial”)
(4) The definition of “Construction and Siting Protocol” in subsection 1 (1) of the Regulation is revoked.
(5) The definition of “Drainage Guide for Ontario” in subsection 1 (1) of the Regulation is amended by striking out “Agriculture and Food” and substituting “Agriculture, Food and Rural Affairs”.
(6) Subsection 1 (1) of the Regulation is amended by adding the following definition:
“dugout pond” means a pond,
(a) that is constructed entirely within a farm unit,
(b) that is not connected to surface water,
(c) that is located more than 100 metres from the nearest surface water or well, and
(d) to which access by livestock is entirely restricted or is limited so that livestock are only allowed to drink from the pond; (“mare-réservoir”)
(7) Subclause (b) (ii) of the definition of “high-density permanent outdoor confinement area” in subsection 1 (1) of the Regulation is amended by striking out “part of a farm unit” and substituting “an outdoor confinement area”.
(8) The definition of “intermediate operation” in subsection 1 (1) of the Regulation is amended by adding at the end “but does not include an operation that mixes only manure produced by farm animals”.
(9) The definitions of “Local Advisory Committee Protocol” and “NMAN” in subsection 1 (1) of the Regulation are revoked.
(10) The definition of “non-agricultural source material” in subsection 1 (1) of the Regulation is amended by striking out “November 1991, if they” in the portion before paragraph 1 and substituting “November 2004, if the materials”.
(11) The definition of “Nutrient Management Protocol” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“Nutrient Management Protocol” means the document of that name prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of this Regulation and dated August 12, 2005; (“protocole de gestion des éléments nutritifs”)
(12) Paragraph 4 of the definition of “outdoor confinement area” in subsection 1 (1) of the Regulation is revoked and the following substituted:
4. It has permanent or portable feeding or watering equipment.
(13) The definition of “Sampling and Analysis Protocol” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“Sampling and Analysis Protocol” means the document of that name prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of this Regulation and dated August 12, 2005; (“protocole d’échantillonnage et d’analyse”)
(14) The definition of “soil test hole” in subsection 1 (1) of the Regulation is amended by striking out “and chapter NSTS-03 of the Construction and Siting Protocol” at the end.
(15) The definition of “solid” in subsection 1 (1) of the Regulation is amended by striking out “Schedule 5” and substituting “Schedule 9”.
2. Subsection 2 (2) of the Regulation is amended by adding the following paragraph:
5.5 Dugout ponds.
3. Subsection 4 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
Incorporated documents
(1) The Minister shall ensure that copies of all documents incorporated by this Regulation, including the Nutrient Management Protocol, the Sampling and Analysis Protocol and the publication of the Ministry of Agriculture, Food and Rural Affairs entitled “Agronomy Guide for Field Crops, Publication 811” that is described in clause 44 (3.1) (b), are made available to the public by either of the following means:
. . . . .
4. (1) Subsection 11 (1) of the Regulation is amended by adding “and before December 31, 2005” after “that date”.
(2) Subsection 11 (2) of the Regulation is revoked.
(3) Subsections 11 (3) and (4) of the Regulation are revoked and the following substituted:
(3) Section 10 applies to an agricultural operation that generates agricultural source materials if the number of farm animals on a farm unit on which the operation is carried out is sufficient, at any time on or after July 1, 2005, to generate 300 or more nutrient units annually.
(4) Section 10 applies to an agricultural operation that generates agricultural source materials if, at any time on or after December 31, 2005, a person who owns or controls the land on which the operation is carried out,
(a) submits an application for a building permit under the Building Code Act, 1992 in respect of any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land;
(b) constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992, but for the application of clause 2.4.1.1.(1) (b) of Ontario Regulation 403/97 (Building Code) made under that Act; or
(c) constructs or causes to be constructed a permanent nutrient storage facility made of earth on the land.
(5) Section 10 applies to an agricultural operation that generates agricultural source materials at the earliest time that subsections (1), (3) and (4) determine that the section is to apply and continues to apply to the operation during each year in which the operation generates agricultural source materials.
5. (1) Section 15 of the Regulation is amended by adding “Subject to subsection (2)” at the beginning.
(2) Section 15 of the Regulation is amended by adding the following subsections:
(2) Subject to subsection (3), if on the day subsection (1) requires the person who owns or controls an agricultural operation that is carried out on a farm unit to have a nutrient management strategy for carrying out the operation on the farm unit the number of farm animals on the farm unit is not sufficient to generate 300 or more nutrient units annually, section 14 does not apply to the operation until the earliest of,
(a) the day on which the number of farm animals on the farm unit is increased to a level that is sufficient to generate 300 or more nutrient units annually;
(b) the day before January 1, 2007 on which the agricultural operation first receives non-agricultural source materials except if the conditions set out in subsection (4) are met; and
(c) the day on or after January 1, 2007 on which the agricultural operation first receives non-agricultural source materials.
(3) Subsection (2) does not apply to an agricultural operation that generates agricultural source materials if any portion of the land of the farm unit used for the operation lies within 100 metres of a municipal well.
(4) The conditions mentioned in clause (2) (b) are the following:
1. A certificate of approval or provisional certificate of approval for an organic soil conditioning site has been issued under the Environmental Protection Act permitting the spreading or application of the non-agricultural source materials on all of the land of the farm unit where the materials will be applied.
2. The certificate of approval or provisional certificate of approval has not been suspended or revoked and has not expired.
3. The person who owns or controls the operation has provided the Ministry of Agriculture, Food and Rural Affairs with notice of the number of the certificate of approval or provisional certificate of approval and notice of the site location where the non-agricultural source materials will be applied under the certificate or provisional certificate, as the case may be.
(5) A person who owns or controls an agricultural operation and who has provided the notices described in paragraph 3 of subsection (4) shall retain a copy of the notices until the second anniversary of providing it.
6. Section 15.1 of the Regulation is revoked.
7. (1) Clause 17 (1) (b) of the Regulation is revoked and the following substituted:
(b) must comply with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol;
(b.1) must contain a contingency plan;
(b.2) in the case of an agricultural operation, must include a declaration prepared in a form and manner specified by a Director that,
(i) identifies each farm unit on which the operation, to which the strategy applies, is carried out, and
(ii) states that the strategy is complete, that it includes an accurate description of the operation and that it has been completed in accordance with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol;
(b.3) in the case of a non-agricultural operation, must be prepared in a form and manner specified by a Director; and
(2) Subsection 17 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
(3) On application by the person responsible for preparing a nutrient management strategy or on receiving a registration of an agricultural operation to which a nutrient management strategy applies, a Director shall assign an operation identifier to the following, unless the Ministry has already assigned an operation identifier to the operation:
. . . . .
8. Section 18 of the Regulation is revoked and the following substituted:
Short-form strategy
18. A nutrient management strategy for an agricultural operation may be a short-form nutrient management strategy if the short-form is authorized for the operation under this section as it read immediately before September 29, 2005 and the strategy was prepared before that date.
9. Subsection 20 (3) of the Regulation is revoked and the following substituted:
(3) The transfer agreement must identify the person who owns or controls the operation from which the materials are to be transferred, the person who owns or controls the operation to which the materials are to be transferred, the type and quantity of the materials to be transferred and the proposed date of transfer.
10. Subsection 21 (2) of the Regulation is revoked.
11. Section 22 of the Regulation is revoked and the following substituted:
Cessation of strategies
22. (1) Subject to subsections (2), (3) and (4), a nutrient management strategy ceases to be in force for an agricultural or non-agricultural operation on the fifth anniversary of,
(a) the day on which the strategy was approved under this Regulation, if the strategy was required to be so approved; or
(b) the day on which the strategy was prepared, if the strategy was not required to be approved under this Regulation.
(2) If the person who owns or controls the land on which an agricultural operation is carried out submits an application for a building permit under the Building Code Act, 1992 with respect to any building or structure that is used to house farm animals or to store manure that is located or to be located on the land, the strategy ceases to be in force on the day on which the person submits the application except if the strategy contemplates the activity covered by the building permit and the person has submitted the strategy to a Director for approval.
(3) If the person who owns or controls the land on which an agricultural operation is carried out commences the construction of a permanent nutrient storage facility made of earth on the land or causes that construction to commence, the strategy ceases to be in force on the day on which the person takes that action except if the strategy contemplates the construction and the person has submitted the strategy to a Director for approval.
(4) If there is a change of ownership or control of the agricultural or non-agricultural operation that adversely affects the capacity of a person who owns or controls the operation to implement the strategy, the strategy ceases to be in force on the day on which the change occurs.
12. Clause 24 (1) (b) of the Regulation is revoked and the following substituted:
(b) must comply with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol;
(b.1) must include a contingency plan;
(b.2) must include a declaration prepared in a form and manner specified by a Director that,
(i) identifies each farm unit on which the operation, to which the plan applies, is carried out, and
(ii) states that the plan is complete, that it includes an accurate description of the operation and that it has been completed in accordance with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol; and
13. Section 25 of the Regulation is revoked and the following substituted:
Short-form plan
25. A nutrient management plan for an agricultural operation may be a short-form nutrient management plan if the short-form is authorized for the operation under this section as it read immediately before September 29, 2005 and the plan was prepared before that date.
14. Section 26 of the Regulation is revoked and the following substituted:
Cessation of plans
26. (1) Subject to subsection (2), a nutrient management plan ceases to be in force for an agricultural operation carried out on a farm unit on the fifth anniversary of,
(a) the day on which the plan was approved under this Regulation, if the plan was required to be so approved; or
(b) the day on which the plan was prepared, if the plan was not required to be approved under this Regulation.
(2) A nutrient management plan that does not provide for receiving non-agricultural source materials in the course of carrying out an agricultural operation on a farm unit ceases to be in force on the day on which non-agricultural source material is received in the course of carrying out the operation.
15. Section 27 of the Regulation is revoked and the following substituted:
Part IV
StraTegies and Plans: Approval and Registration
Approval
Requirement for approval
27. (1) Subject to subsection (2), a nutrient management strategy for an agricultural or non-agricultural operation requires the approval of a Director if,
(a) the operation is an agricultural operation and a person who owns or controls the land on which the operation is carried out submits an application for a building permit under the Building Code Act, 1992 in respect of any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land;
(b) the operation is an agricultural operation and a person who owns or controls the land on which the operation is carried out constructs or causes to be constructed a permanent nutrient storage facility made of earth on the land;
(c) the operation is an agricultural operation and any portion of the land of the farm unit used for the operation lies within 100 metres of a municipal well; or
(d) the operation is a non-agricultural operation that generates non-agricultural source materials that are intended to be applied to land.
(2) Subsection (1) does not apply to a new nutrient management strategy for an agricultural operation prepared under subsection 29 (1).
(3) A nutrient management plan for an agricultural operation requires the approval of a Director if non-agricultural source material is received in the course of carrying out the operation.
16. Subsection 28 (1) of the Regulation is amended by striking out “in accordance with the requirements of the Nutrient Management Protocol” at the end.
17. The Regulation is amended by adding the following section:
Annual review and update
28.1 (1) In each year that a nutrient management strategy or plan is in force for an agricultural operation, the person who owns or controls the operation shall review the strategy or plan, as the case may be, and prepare any update to it that is necessary to ensure that it accurately reflects the anticipated operation on the farm unit during the following year.
(2) The person shall create and keep a record of the annual review and update.
18. (1) Subsection 29 (1) of the Regulation is revoked and the following substituted:
Renewal after five years
(1) If a nutrient management strategy or plan is in force for an agricultural operation and if the operation is to continue being carried out after the strategy or plan ceases to be in force under subsection 22 (1) or 26 (1), as the case may be, a person who owns or controls the operation shall have a new nutrient management strategy or plan prepared for the operation at least 90 days before the original strategy or plan so ceases to be in force.
(1.1) If a Director has approved a nutrient management strategy for a non-agricultural operation under this Regulation, if the approval is still in force and if the operation is to continue being carried out after the strategy ceases to be in force under subsection 22 (1), a person who owns or controls the operation shall submit a new nutrient management strategy for the operation to a Director for approval at least 90 days before the fifth anniversary of the day on which a Director gave the original approval for the operation.
(1.2) Subsection (1.3) applies to a person who owns or controls an agricultural operation that receives non-agricultural source materials in the course of carrying out the operation if,
(a) a Director, under this Regulation, has approved a nutrient management plan for the operation;
(b) the approval is still in force; and
(c) the operation is to receive non-agricultural source materials after the plan mentioned in clause (a) ceases to be in force under subsection 26 (1).
(1.3) The person described in subsection (1.2) shall submit a new nutrient management plan for the operation to a Director for approval at least 90 days before the fifth anniversary of the day on which a Director gave the original approval for the operation.
(2) Subsection 29 (2) of the Regulation is amended by striking out “subsection (1)” at the end and substituting “subsection (1.1) or (1.3)”.
19. (1) Subsection 30 (1) of the Regulation is revoked and the following substituted:
Renewal after less than five years
(1) If a nutrient management strategy is in force for an agricultural operation and if the operation is to continue after the strategy ceases to be in force under subsection 22 (2), (3) or (4), a person who owns or controls the operation shall submit a new nutrient management strategy for the operation to a Director for approval before the original strategy so ceases to be in force.
(1.1) If a nutrient management plan is in force for an agricultural operation and if a person who owns or controls the operation has reasonable grounds to believe that the plan will cease to be in force because non-agricultural source material will be received in the course of carrying out the operation, the person shall, before the material is received, submit a new nutrient management plan to a Director for approval.
(2) Subsection 30 (2) of the Regulation is amended by adding “or (1.1)” at the end.
(3) Subsection 30 (3) of the Regulation is amended by striking out “subsection (1) complies with that subsection” in the portion before paragraph 1 and substituting “subsection (1) or (1.1) complies with the applicable subsection”.
20. Sections 32 and 33 of the Regulation are revoked and the following substituted:
Registration
Registration of agricultural operations
32. (1) If this Regulation requires a person who owns or controls an agricultural operation to ensure that there is in force a nutrient management strategy for the operation but does not require that it have the approval of a Director, the person shall register the operation by filing with a Director a description of the operation prepared in accordance with the Nutrient Management Protocol.
(2) An agricultural operation shall be deemed to be registered under subsection (1) if,
(a) this Regulation requires the person who owns or controls the operation to ensure that a nutrient management strategy is in force for the operation but does not require that it have the approval of a Director;
(b) before September 29, 2005, this Regulation required the person to ensure that a nutrient management strategy be in force for the operation and that it have the approval of a Director; and
(c) a nutrient management strategy for the operation received the approval of a Director before the date mentioned in clause (b) and is still in force.
21. (1) Subsection 36 (1) of the Regulation is revoked and the following substituted:
Arrangements with generators and other sources
(1) A broker who receives prescribed materials from a generator, who under this Regulation is required to have a nutrient management strategy to carry out the operation in the course of which the materials were generated, shall enter into an agreement with the generator that sets out the type and quantity of the materials to be received and the proposed date on which the broker is to receive them.
(2) Subsection 36 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
(2) A broker who is required to enter into an agreement described in subsection (1) shall create a record of the following information:
. . . . .
22. (1) Clause 37 (1) (a) of the Regulation is revoked and the following substituted:
(a) enter into an agreement with the person who owns or controls the operation that sets out the type and quantity of the materials to be transferred and the proposed date on which the broker is to transfer them; and
(2) Subsection 37 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
(2) The broker shall create a record of the following information:
. . . . .
(3) Paragraph 3 of subsection 37 (2) of the Regulation is revoked and the following substituted:
3. The operation identifier for the operation or for the farm unit where the operation is carried out, if applicable.
4. The approval number assigned by the Director to the nutrient management strategy or plan for the farm unit or operation, if applicable, or the registration number assigned by the Director to the operation, if applicable.
23. (1) Subsection 42 (1) of the Regulation is amended by striking out “prescribed materials” in the portion before clause (a) and substituting “non-agricultural source materials”.
(2) Clause 42 (1) (c) of the Regulation is revoked and the following substituted:
(c) if the maximum sustained slope of the land is greater than 12 per cent.
(3) The Table to subsection 42 (3) of the Regulation is amended by striking out “field” in the heading under Column 2.
(4) Subsection 42 (4) of the Regulation is amended by striking out “field”.
24. The Regulation is amended by adding the following section before the heading “Wells and Other Land Uses”:
Manure
42.1 (1) No person shall apply liquid manure to land, within 150 metres from the top of the bank of surface water if the maximum sustained slope of the land is 25 per cent or greater.
(2) For the purposes of subsection (1), the maximum sustained slope of land shall be determined in accordance with the Nutrient Management Protocol.
25. The definition of “compost” in subsection 43 (6) of the Regulation is amended by striking out “November 1991” at the end and substituting “November 2004”.
26. (1) Clauses 44 (3.1) (a) and (b) of the Regulation are revoked and the following substituted:
(a) in accordance with a determination of the concentration in the soil of the vegetated buffer zone for each of the following parameters: available phosphorus and available potassium;
(b) in accordance with the recommendations of the Ministry of Agriculture, Food and Rural Affairs as set out in the publication of that Ministry entitled “Agronomy Guide for Field Crops, Publication 811” and dated 2002; and
(2) Section 44 of the Regulation is amended by adding the following subsection:
(3.2) The determination of the concentration described in clause (3.1) (a) shall be made using,
(a) the results of an analysis of a sample of the soil performed in accordance with subsection 91 (4); or
(b) the following concentrations:
(i) 101 milligrams per litre of available phosphorus in the soil of the land.
(ii) 251 milligrams per litre of available potassium in the soil of the land.
27. Section 46 of the Regulation is amended by striking out “prescribed materials” and substituting “non-agricultural source materials”.
28. Section 47 of the Regulation is amended by adding the following subsection:
(2.1) Nothing in subsection (1) shall be construed to require a person to create flood plain mapping.
29. Subsection 49 (2) of the Regulation is revoked.
30. Sections 54 and 56 of the Regulation are revoked.
31. Section 58 of the Regulation is revoked and the following substituted:
Nutrient management strategy required
58. No person shall keep animals in a permanent outdoor confinement area unless,
(a) a nutrient management strategy applies to the confinement area;
(b) the manure produced by the animals that are kept in the confinement area is managed in accordance with the strategy; and
(c) the runoff generated by the confinement area is managed in accordance with section 81.
32. Section 59 of the Regulation is revoked.
33. Clause 61 (3) (b) of the Regulation is amended by striking out “constructed and operated” and substituting “located and managed”.
34. (1) Section 62 of the Regulation is amended by adding “Subject to subsection (2)” at the beginning.
(2) Section 62 of the Regulation is amended by adding the following subsection:
(2) Except for sections 63 and 81, this Part does not apply to a permanent solid nutrient storage facility that has,
(a) a volume of less than 600 cubic metres;
(b) a surface area of less than 600 square metres; and
(c) walls that do not have an exposed height of more than 1 metre.
35. Subsection 63 (4) of the Regulation is amended by adding “if the municipality or the conservation authority has established such flood lines” after “location of the facility”.
36. (1) Clause 65 (1) (b) of the Regulation is amended by striking out “an earthen structure” at the end and substituting “a structure made of earth”.
(2) Paragraph 5 of subsection 65 (2) of the Regulation is amended by striking out “Unlined earthen storage facilities” at the beginning and substituting “Unlined storage facilities made of earth”.
(3) The English version of paragraph 6 of subsection 65 (2) of the Regulation is amended by striking out “Lined earthen nutrient storage facilities” at the beginning and substituting “Lined storage facilities made of earth”.
(4) Paragraph 7 of subsection 65 (2) of the Regulation is amended by striking out “earthen walls” and substituting “walls made of earth”.
(5) The English version of subsection 65 (3) of the Regulation is amended by striking out “unlined earthen facility” in the portion before clause (a) and substituting “unlined facility made of earth”.
37. Clause 67 (5) (d) of the Regulation is amended by striking out “and chapter NSTS-03 of the Construction and Siting Protocol” at the end.
38. (1) Clause 71 (1) (a) of the Regulation is revoked and the following substituted:
(a) a professional engineer designs the construction or expansion, including any associated monitoring systems, having regard to the requirements of this Regulation and signs the Engineer’s Commitment Certificate contained in the Nutrient Management Protocol, by which the engineer undertakes to have regard to those requirements and to inspect the construction or expansion upon completion;
(2) Clause 71 (1) (c) of the Regulation is revoked and the following substituted:
(c) the construction or expansion complies with this Part;
(3) Subsection 71 (2) of the Regulation is revoked and the following substituted:
(2) Temporary field nutrient storage sites are not subject to subsection (1) if they are located and managed in accordance with the requirements of this Part.
39. Subsection 73 (1) of the Regulation is revoked and the following substituted:
Installation of liners
(1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall install a liner in a permanent nutrient storage facility used on a farm unit in the course of the operation unless the installation complies with this Part.
40. Subsection 74 (1) of the Regulation is amended by striking out “earthen berms” and substituting “berms made of earth”.
41. Clause 79 (a) of the Regulation is revoked and the following substituted:
(a) the dimensions of the facility have been calculated in accordance with the Nutrient Management Protocol;
42. The English version of the following provisions of the Regulation are amended by striking out “an earthen floor” wherever that expression appears and substituting in each case “a floor made of earth”:
1. Clause 80 (b).
2. Clause 80 (c).
43. Section 81 of the Regulation is revoked and the following substituted:
Runoff management system
81. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall store nutrients in a permanent solid nutrient storage facility used on the farm unit in the course of the operation unless it is equipped with a runoff management system that handles all of the runoff generated by the facility and that complies with this section.
(2) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall keep farm animals in a farm-animal yard lined with concrete or other paving material of equal or lesser permeability, other than a permanent outdoor confinement area, unless it is equipped with a runoff management system that handles all of the runoff generated by the yard and that complies with this section.
(3) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall keep farm animals in a permanent outdoor confinement area, unless it is equipped with a runoff management system that handles all of the runoff generated by the area and that complies with this section.
(4) A runoff management system for a permanent solid nutrient storage facility, a yard described in subsection (2) or a permanent outdoor confinement area must be capable of preventing, collecting, treating or containing runoff and must consist of at least one of the following:
1. In the case of a facility or a yard where up-slope water has been diverted away from the facility or yard, as the case may be, a roof used to prevent entry of precipitation.
2. Vegetated filter strips or an equivalent system, both of which are designed by a qualified professional and capable of minimizing the effect of runoff on surface water.
3. Runoff collection and storage systems that have the capacity to contain runoff generated by the facility, yard or area, as the case may be, for the storage period required by section 69.
4. Subject to subsection (6), if up-slope water is diverted away from the facility, yard or area, as the case may be, a permanently vegetated area that meets the requirements set out in subsection (5).
(5) The permanently vegetated area mentioned in paragraph 4 of subsection (4) must,
(a) be located on a minimum 0.5 metres of soil;
(b) not be located within,
(i) 3 metres of a field tile drain, 100 metres of a municipal well or 15 metres of a drilled well,
(ii) 90 metres of any other well, if the permanently vegetated area is for a permanent solid nutrient storage facility that is used to store non-agricultural source materials, or
(iii) 30 metres of any other well, in all other cases;
(c) if the permanently vegetated area is for a permanent solid nutrient storage facility or a yard described in subsection (2), have a flow path that measures,
(i) at least 150 metres from surface water and tile inlets, if the facility or yard, as the case may be, handles manure with a dry matter content of 30 per cent or greater as determined in accordance with the Nutrient Management Protocol, or
(ii) at least 50 metres from surface water and tile inlets, if the facility or yard, as the case may be, handles manure with a dry matter content of 50 per cent or greater as determined in accordance with the Nutrient Management Protocol; and
(d) if the permanently vegetated area is for a permanent outdoor confinement area, have a flow path that measures,
(i) at least 100 metres from surface water and tile inlets, if the confinement area is less than 500 square metres, or
(ii) at least 150 metres from surface water and tile inlets, if the confinement area is 500 square metres or more.
(6) Paragraph 4 of subsection (4) does not apply to,
(a) a permanent solid nutrient storage facility where any flow path associated with the facility has runoff generated by 300 square metres or more of the facility channelled through the flow path;
(b) a permanent outdoor confinement area where the number of farm animals kept in the area is sufficient to generate at least 150 nutrient units annually; or
(c) a permanent outdoor confinement area where any flow path associated with the area has runoff generated by 2,000 square metres or more of the area channelled through the flow path.
44. (1) Section 83 of the Regulation is amended by adding the following subsection:
(1.1) Nothing in subsection (1) shall be construed to require a person who owns or controls an operation at which nutrients are stored in a temporary field nutrient storage site to create flood plain mapping.
(2) Clause 83 (2) (a) of the Regulation is amended by striking out “that has a depth of at least six metres” and substituting “that has a depth of at least 15 metres”.
45. Clause 87 (1) (a) of the Regulation is revoked and the following substituted:
(a) the system is designed and constructed in accordance with this Part;
46. Paragraph 13 of the definition of “parameter” in section 89 of the Regulation is revoked and the following substituted:
13. Total volatile solids.
47. (1) Subsection 90 (1) of the Regulation is revoked.
(2) Subsection 90 (2) of the Regulation is amended by striking out “unless the person who makes the calculation is authorized to use data in NMAN” at the end.
48. Section 91 of the Regulation is revoked and the following substituted:
Manure
Sampling obligations
91. (1) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which manure is applied to land, that is the first such plan for the operation, shall, as part of preparing the plan,
(a) collect at least one sample from the soil of the land or, if the plan deals with land in parts under subsection 24 (3), from each part of the land and have the sample analyzed in accordance with subsection (4) to determine the concentration of each of the following parameters: available phosphorus, available potassium; or
(b) for the purpose of subsection 92 (1), use the following concentrations to calculate the maximum application rate to land:
(i) 101 milligrams per litre of available phosphorus in the soil of the land.
(ii) 251 milligrams per litre of available potassium in the soil of the land.
(2) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which manure is applied to land, that is not the first such plan for the operation, shall, as part of preparing the plan, collect at least one sample from the soil of the land or, if the plan deals with land in parts under subsection 24 (3), from each part of the land and have the sample analyzed in accordance with subsection (4) to determine the concentration of each of the following parameters: available phosphorus and available potassium.
(3) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which manure is applied to land, shall, as part of preparing the plan,
(a) collect at least one sample of the manure or each type of the manure applied to the land and have the sample analyzed in accordance with subsection (4) to determine the concentration of each of the following parameters: ammonia and ammonium nitrogen, total kjeldahl nitrogen, total phosphorus, total potassium and total solids; or
(b) obtain the default data from the Nutrient Management Protocol in relation to each parameter listed in clause (a).
(4) The analysis mentioned in subsection (1), (2) or (3) shall be performed by,
(a) a laboratory that is accredited by the Ministry of Agriculture, Food and Rural Affairs for that purpose; or
(b) a laboratory that is accredited in accordance with the International Standard ISO/IEC 17025 — General Requirement for the Competence of Testing and Calibration Laboratories, dated December 15, 1999, as amended from time to time.
49. (1) Subsections 92 (1) and (2) of the Regulation are revoked and the following substituted:
Maximum application rate
(1) Each person who is required to collect samples and have them analyzed under section 91 shall calculate the maximum application rate to land for the manure in the sample, using the most recently determined concentration under the applicable subsection or the concentrations set out in clause 91 (1) (b), if applicable.
(2) The maximum application rate to land for the manure in the sample must be such that the total available phosphorus in the nutrients that are applied to land per hectare during any consecutive five-year period does not exceed the greater of,
(a) the crop production requirements per hectare for that five-year period plus 85 kilograms of phosphorus per hectare; and
(b) the phosphorus removed from the land per hectare in the harvested portion of the crop during that five-year period plus 390 kilograms of phosphorus per hectare.
(2) Subsection 92 (5) of the Regulation is revoked and the following substituted:
(5) No person shall apply manure to land at a rate that exceeds the maximum application rate to land for the manure.
50. Clause 94 (4) (a) of the Regulation is amended by striking out “volatile solids” and substituting “total volatile solids”.
51. The Regulation is amended by adding the following section:
Sampling and analysis procedures
94.1 Each person who is required under section 93 or 94 to have a sample analyzed in relation to a parameter shall have the analysis done in accordance with this Part and the methods specified in the Sampling and Analysis Protocol, unless this Regulation specifies otherwise.
52. Subsection 96 (1) of the Regulation is amended by striking out “by entering into NMAN” in the portion before clause (a) and substituting “by using”.
53. Column 2 of Table 3 to Part IX of the Regulation is amended by striking out “volatile solids” wherever that expression appears and substituting in each case “total volatile solids”.
54. Paragraph 3 of section 99 of the Regulation is revoked.
55. (1) Subsection 100 (1) of the Regulation is revoked.
(2) Subsection 100 (3) of the Regulation is amended by adding “under clause (4) (d)” at the end.
(3) Clause 100 (4) (c) of the Regulation is amended by striking out “within one year of making the application” at the beginning and substituting “no earlier than one year before making the application”.
(4) Clause 100 (5) (b) of the Regulation is amended by striking out “cancelled” and substituting “suspended or cancelled”.
(5) Clause 100 (5) (c) of the Regulation is amended by striking out “within one year of making the application” at the beginning and substituting “no earlier than one year before making the application”.
56. (1) Subsection 101 (1) of the Regulation is revoked and the following substituted:
Agricultural operation planning certificate
(1) On or after September 29, 2005, no person who owns or operates an agricultural operation, for which this Regulation requires a nutrient management strategy or nutrient management plan, and no person who is employed in the operation shall prepare a nutrient management strategy or plan for the operation unless the person holds an agricultural operation planning certificate issued under this section or an agricultural operation strategy or plan development certificate issued under section 100.
(2) Clause 101 (2) (b) of the Regulation is amended by striking out “within one year of making the application”.
(3) Clause 101 (3) (b) of the Regulation is amended by striking out “cancelled” and substituting “suspended or cancelled”.
(4) Clause 101 (3) (c) of the Regulation is amended by striking out “within one year of making the application”.
57. Section 102 of the Regulation is revoked.
58. (1) Subsection 103 (1) of the Regulation is revoked.
(2) Clause 103 (3) (c) of the Regulation is amended by striking out “within one year of making the application” at the beginning and substituting “no earlier than one year before making the application”.
(3) Clause 103 (4) (b) of the Regulation is amended by striking out “cancelled” and substituting “suspended or cancelled”.
(4) Clause 103 (4) (c) of the Regulation is amended by striking out “within one year of making the application” at the beginning and substituting “no earlier than one year before making the application”.
59. Section 104 of the Regulation is revoked.
60. (1) Subsection 105 (1) of the Regulation is amended by striking out “2 or 3” and substituting “or 2”.
(2) Subsection 105 (2) of the Regulation is revoked and the following substituted:
(2) Subsection (1) does not apply to employees of the Ministry of Agriculture, Food and Rural Affairs or employees of the Ministry of the Environment.
(3) Clause 105 (3) (b) of the Regulation is revoked.
(4) Clause 105 (3) (d) of the Regulation is amended by striking out “within one year of making the application” at the beginning and substituting “no earlier than one year before making the application”.
(5) Clause 105 (4) (b) of the Regulation is amended by striking out “cancelled” and substituting “suspended or cancelled”.
(6) Clause 105 (4) (c) of the Regulation is amended by striking out “within one year of making the application” at the beginning and substituting “no earlier than one year before making the application”.
61. (1) Subsection 106 (2) of the Regulation is revoked and the following substituted:
(2) A Director shall issue an initial broker certificate to an applicant who pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act and who,
(a) has successfully completed a broker training course specified by the Director and has obtained a passing grade on an examination specified by the Director on broking operations; or
(b) has alternate qualifications that the Director considers equivalent.
(2) Clause 106 (3) (b) of the Regulation is amended by striking out “cancelled” and substituting “suspended or cancelled”.
(3) Clause 106 (3) (c) of the Regulation is revoked and the following substituted:
(c) has successfully completed a broker training course specified by the Director and has obtained a passing grade on an examination specified by the Director on broking operations.
62. (1) Subsection 107 (2) of the Regulation is revoked and the following substituted:
(2) A Director shall issue an initial prescribed materials application business licence to an applicant who pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (e) of the Act and who,
(a) has successfully completed a training course specified by the Director on the business of applying prescribed materials to lands and has obtained a passing grade on an examination specified by the Director on that business; or
(b) has alternate qualifications that the Director considers equivalent.
(2) Clause 107 (3) (b) of the Regulation is amended by striking out “cancelled” and substituting “suspended or cancelled”.
(3) Clause 107 (3) (c) of the Regulation is revoked and the following substituted:
(c) has successfully completed a training course specified by the Director on the business of applying prescribed materials to lands and has obtained a passing grade on an examination specified by the Director on that business.
63. (1) Subsection 108 (2) of the Regulation is revoked and the following substituted:
(2) A Director shall issue an initial nutrient application technician licence to an applicant who pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (e) of the Act and who,
(a) has successfully completed a training course specified by the Director on the business of applying materials containing nutrients to lands and has obtained a passing grade on an examination specified by the Director on that business; or
(b) has alternate qualifications that the Director considers equivalent.
(2) Clause 108 (3) (b) of the Regulation is amended by striking out “cancelled” and substituting “suspended or cancelled”.
(3) Clause 108 (3) (c) of the Regulation is revoked and the following substituted:
(c) has successfully completed a training course specified by the Director on the business of applying materials containing nutrients to lands and has obtained a passing grade on an examination specified by the Director on that business.
64. (1) Subsection 109 (1) of the Regulation is amended by adding “suspend” after “amend” in the portion before clause (a).
(2) Subsection 109 (3) of the Regulation is revoked and the following substituted:
(3) A notice issued under subsection (1) that amends, suspends or cancels a certificate or licence must provide reasons for the amendment, suspension or cancellation, as the case may be, and set out the procedure for appeals under section 9 of the Act.
65. (1) Subsection 110 (1) of the Regulation is amended by striking out “detailed records of the operation, including the following records” in the portion before paragraph 1 and substituting “the following records of the operation”.
(2) Paragraph 2 of subsection 110 (1) of the Regulation is revoked and the following substituted:
2. The record of the annual update to the nutrient management strategy or nutrient management plan that the owner or operator is required to create and keep under section 28.1.
(3) Subsection 110 (2) of the Regulation is amended by striking out “the operation’s financial year” and substituting “each calendar year”.
66. Subsection 117 (2) of the Regulation is revoked and the following substituted:
(2) The committee shall adopt rules of procedure to facilitate its activities.
67. The following provisions of the Regulation are amended by striking out “Agriculture and Food” wherever that expression appears and substituting in each case “Agriculture, Food and Rural Affairs”:
1. Paragraph 2 of subsection 118 (1).
2. Subsection 118 (2).
3. Subsection 118 (3).
4. Section 119.
68. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Subsection 1 (15) comes into force on January 1, 2007.