Broker Certificate under the Nutrient Management Act, 2002 and O. Reg. 267/03, as amended - Core Competencies - Second Edition v.1

Table of Contents

1. Introduction
2. Category 1: General Information
3. Category 2: Transportation and Storage
4. Category 3: Recordkeeping
5. Category 4: Environmental Management
6. Abbreviations and Key Terms

Introduction

The purpose of the Nutrient Management Act, 2002 (NMA), Ontario Regulation 267/03, and the associated Protocols is to provide for the management of materials containing nutrients in ways that will enhance the protection of the natural environment and provide a sustainable future for agricultural operations and rural development. As part of those provisions, O. Reg. 267/03, as amended, identifies a number of management practices that require a certificate or licence.

This document identifies the skills and knowledge (defined as competencies) that are required for the Broker Certificate. This certificate is required for a business that hauls, stores and/or transports prescribed materials from and/or to an operation that requires a Nutrient Management Strategy (NMS) and, in some cases, a Nutrient Management Plan (NMP). This certificate enables a business to work with operations phased-in under O. Reg. 267/03.

The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) has developed training courses that assist brokers in obtaining the skills and knowledge to fulfill a portion (but by no means all) of the required competencies. The mandatory training course for this certificate is the Broker's Certificate Course.

It is expected that individuals and companies that wish to obtain a Broker Certificate are already in the business of broking and possess the breadth of required knowledge and skills to run the business (e.g., knowledge of health and safety issues, beneficial management practices, relevant legislation, etc.) The certificate and these competencies focus on the requirements under O. Reg. 267/03, as amended. Candidates seeking certification may need to further develop their knowledge and skills by additional means (such as an agricultural degree, practical experience, self study, additional courses, etc.). There are also many technical publications that provide additional information for study purposes, including:

• OMAFRA Factsheets available on this web site
• Farm Safety Association Publications available at http://www.farmsafety.ca/factsheet.shtml
• Best Management Practices books available at OMAFRA Resource Centres

The main competencies listed in this document will be tested in the examination that must be taken and passed in order to qualify for certification. The examination for the Broker Certificate is based on the NMA, O. Reg. 267/03, as amended, the associated Protocols, and agronomic knowledge required to implement the nutrient management legislation. Candidates for the Broker Certificate are directed to this list of competencies as a study guide for the examination. (Individuals writing the exam will be provided with copies of the NMA, O. Reg. 267/03, as amended, and the associated Protocols.)

The competencies are organized into four main categories:

1. General Information
2. Transportation & Storage
3. Recordkeeping
4. Environmental Management

These competencies complement the document entitled "Performance Guidelines for Brokers," which outlines performance guidelines that go beyond the skills and knowledge specified in this Core Competencies document. The Performance Guidelines are intended to provide a consistent set of value-added principles for certified brokers that reflect "beneficial management practices" for the industry. These Performance Guidelines can be found online at www.omafra.gov.on.ca, by clicking on "Agriculture," then "Nutrient Management Information," and then "Certification and Training."

Note that under Section 109 of O. Reg. 267/03, as amended, the Director can amend, suspend or cancel a certificate or licence issued if the holder of the certificate or licence:

• contravenes the Act or regulations; or
• in the opinion of the Director, has demonstrated incompetence or bad faith in carrying out the activity in respect to which the certificate or licence is issued.

It is the responsibility of each certified broker to maintain their knowledge and competency with respect to the Nutrient Management Act, 2002 and O. Reg. 267/03, and to conduct business in a competent manner and in good faith.

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Category 1: General Information

1. Outline the purpose and goals of the Nutrient Management Act, 2002 (NMA) and indicate how Ontario Regulation 267/03 under the NMA impacts specific agricultural and non-agricultural operations and businesses.
2. Describe the roles and responsibilities of a broker.
3. List the certificate requirements for a broker, and the certificate renewal timeline.
4. Describe and use key terms used in the NMA and O. Reg. 267/03, and those included in the key terms section at the end of this document.
5. Identify items that are defined as agricultural source material (ASM).
6. Identify items that are defined as non-agricultural source material (NASM).
7. Identify what constitutes an intermediate operation and an intermediate generator.
8. Describe the information/documents a broker will need to obtain from a client to determine if that client is or should be a phased-in operation.
9. Describe the information a broker will need to record when dealing with a phased-in operation.
10. Describe the concepts of adverse effect and diligence and how these might impact broking activities.
11. Understand how beneficial management practices over and above regulatory requirements can be used to address possible adverse effects.
12. Differentiate between Environmental Protection Act (EPA) and NMA requirements for broking activities regarding NASM and determine which regulatory framework is appropriate in a given situation.
13. Understand the various compliance tools available to enforcement personnel (with the Ministry of the Environment) under the NMA.
14. Identify sources of information that will help keep brokers current with nutrient management program changes and other relevant legislation.

Category 2: Transportation & Storage

Documentation

15. List the documentation that is required when brokers receive prescribed materials from generators and/or deliver to a receiver.

Storage

All Storage Sites

16. Identify what type of nutrient can and cannot be stored in a temporary field nutrient storage site.
17. Identify and apply the criteria for a temporary field nutrient storage site.

Broker-Controlled Sites

18. Be able to access information that outlines the requirements for permanent storage, as defined by O. Reg. 267/03.
19. Be able to determine when temporary storage can be used and when permanent storage must be used.
20. Be able to calculate the maximum number of days that a prescribed material can be stored in a broker-controlled temporary field storage.
21. Describe the management criteria requirements for a temporary field nutrient storage site.

Category 3: Recordkeeping

22. Identify the records that are required under O. Reg 267/03 and describe the purpose of these records for both ASM and NASM.
23. Describe the role that documentation over and above regulatory requirements can play in managing liability.
24. Describe the recordkeeping requirements for a broker-controlled temporary field nutrient storage site.

Category 4: Environmental Management

25. Develop and implement a strategy to train staff on their roles and responsibilities under the NMA.

Contingency Planning

26. Understand the importance of having a Contingency Plan as a good business practice for common broking activities.
27. Describe the essential components of a Contingency Plan.
28. Develop standard operating procedures for contingency planning and describe how this will be communicated to staff.
29. Recognize common business situations/activities that need to be addressed in a Contingency Plan.
30. Be able to implement a generator's or receiver's Contingency Plan in the event of a spill on the generator's or receiver's property.
31. Cite the Spills Action Centre phone number.
32. Identify potential problems with implementing a Contingency Plan.
33. Ensure staff understands their role and who to contact when faced with a contingency situation (e.g., a spill or a situation where they are asked to do something in violation of O. Reg. 267/03 or other applicable legislation).
34. Describe a Spills Contingency Plan.

Abbreviations and Key Terms

Please read this section carefully to ensure understanding of the terms used in this document.

Abbreviations

• "Act" means the Nutrient Management Act, 2002.
• "Regulation" means Ontario Regulation 267/03, as amended.
• "Required" means as required by the Nutrient Management Act, 2002 or O. Reg. 267/03, as amended.
• "Acceptable" means meets the requirements outlined by the Nutrient Management Act, 2002 or O. Reg. 267/03, as amended.
• "Nutrient Management Plan" means a Nutrient Management Plan as outlined in O. Reg. 267/03, as amended.
• "Nutrient Management Strategy" means Nutrient Management Strategy as outlined in O. Reg. 267/03, as amended.

Key Terms - (In Alphabetical Order)

• Adverse Effect
• Agreements
• Agricultural Source Materials (ASM)
• Beneficial Management Practices (BMPs)
• Broker
• Business Owner
• Certificate of Approval (C of A)
• Compliance
• Contingency Plan
• Diligence
• Environmental Protection Act (EPA)
• Farm Unit
• Flow Path (Spatial Separation)
• Generator
• Intermediate Generator
• Municipal Wells
• NMAN
• Nutrient Management Act (NMA)
• Nutrient Management Plan (NMP)
• Nutrient Management Strategy (NMS)
• Non-Agricultural Source Material (NASM)
• Nutrient Unit (NU)
• Nutrients
• Phased-In Operation
• Prescribed Material
• Receiver
• Runoff
• Slope
• Surface Water
• Temporary Field Storage
• Tile Inlets/Catch Basin
• Unconsolidated Soil
• Wells
  

Related Links

• Nutrient Management Training Courses
• Nutrient Management Training Course Schedule
• Products Catalogue
• Performance Guidelines for Brokers
• Farm Safety Association Publications
• E-Laws Web Site

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