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Prescribed Materials Application
Business Licence under the Nutrient Management Act, 2002 and O.
Reg. 267/03, as amended - Core Competencies - Second Edition v.1
We are updating this page to reflect current regulations.
Information on this page about regulations under the Nutrient Management
Act, 2002 and the Environmental Protection Act is out of
date. On September 18, 2009 new regulations affecting those applying non-agricultural
source materials on agricultural lands were filed. Please visit www.ontario.ca/nasm-omafra
for more information.
The information contained in this document is derived from the Nutrient
Management Act, 2002 and O. Reg 267/03 as amended. Every effort has been
made to make it as accurate as possible, but it is not authoritative.
Please refer to www.e-laws.gov.on.ca
or the official volumes printed by Publications Ontario for the authoritative
text of the act.
Table of Contents
- Introduction
- Category 1: General Information
- Category 2: Nutrient Application
- Category 3: Recordkeeping
- Category 4: Environmental Management
- 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 necessary for obtaining a Prescribed Materials Application Business
Licence. This licence is required for a business owner or manager engaged
in the business of applying prescribed materials to operations phased
in under O. Reg. 267/03.
The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA)
has developed training courses that assist businesses and individuals
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 licence is the Land Application Business Owner's Licence Course.
It is expected that businesses and individuals wishing to obtain a Prescribed
Materials Application Business Licence are already in the business of
land application and possess the breadth of required knowledge and skills
to run the business (e.g., knowledge of health and safety issues, beneficial
management practices, other relevant legislation, etc.). This licence
and these competencies focus on the requirements under O. Reg. 267/03,
as amended. Candidates seeking licencing 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 the following:
- OMAFRA Factsheets available on this web site
- Farm Safety Association Publications available at www.farmsafety.ca
- 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 a Prescribed Materials
Application Business Licence. This examination is based on the Nutrient
Management Act, 2002, O. Reg. 267/03, as amended, the associated Protocols,
and agronomic knowledge required to implement the nutrient management
legislation. Candidates for the Prescribed Materials Application Business
Licence are directed to this list of competencies as a study guide for
the examination and will also be provided with copies of the Nutrient
Management Act, 2002, O. Reg. 267/03, as amended, and the associated
Protocols.
The competencies are organized into five main categories:
- General Information
- Nutrient Application
- Recordkeeping
- Environmental Management
These competencies complement the document entitled "Performance
Guidelines for Owners/Managers of Custom Application Businesses,"
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 custom applicators 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 licenced owner/manager of a custom application
business to maintain his or her 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.
Category 1: General Information
- 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.
- Describe the roles and responsibilities of an owner/manager of a
custom application business.
- Describe and use key terms contained in the NMA and O.Reg. 267/03,
and including those terms outlined at the end of this document.
- Identify items that are defined as agricultural source material (ASM).
- Identify items that are defined as non-agricultural source material
(NASM).
- Identify the licence requirements for an owner/manager of a custom
applicator business, and the technician (including licence renewal timeline).
- Describe the information/documents a custom applicator will need
to obtain from clients to determine if they are or should be phased-in
operations as per O. Reg. 267/03.
- Note the differences as they apply to a custom application business
when dealing with a phased-in operation versus an operation that is
not currently phased in.
- Describe the concepts of adverse effect and diligence and how these
might impact the activities of a custom application business.
- Identify sources of information that will help to keep owners/managers,
and other staff, of a custom application business current with nutrient
management program changes and other relevant legislation.
Nutrient Management Strategy and Nutrient Management Plan
- Explain, in general terms, the purpose of a Nutrient Management Strategy
(NMS) and Nutrient Management Plan (NMP).
- Understand the various compliance tools available to enforcement
personnel (with the Ministry of the Environment) under the NMA.
- Understand how nutrient units are used to define farm size.
- Identify the components of a client's NMP that are required to be
reviewed, understood and adhered to by a custom applicator.
Category 2: Nutrient Application
Definitions, Concepts & General Information
- Identify available information sources on calibration procedures
for application equipment.
- Identify BMPs for equipment maintenance that help ensure effective
calibration.
Review & Verify Nutrient Management Plan
- Be able to review and interpret NMP and/or NMAN and other printouts
for ASM and NASM application.
- Understand the importance of effectively communicating information
from NMP or NMAN printout to staff.
Land Application of Manure & Other Prescribed Materials
- List the three obligations under O. Reg. 267/03 that apply to all
land application sites.
- Identify the different requirements for different materials (e.g.,
ASM and NASM) and types of farm operations (i.e., operations phased
in under O. Reg. 267/03 versus operations not phased in).
- Understand the importance of effectively communicating to clients
their in-field responsibilities regarding land application.
- Understand that NASM generators have a responsibility to provide
the application business with up-to-date NASM analysis.
- Describe the in-field responsibilities of application technicians
for phased-in operations.
- Be able to verify that the applicable components of the NMP or NMAN
or other printout reflect current field conditions.
- Develop standard operating procedures for technicians to follow when
a NMP does not accurately reflect a particular farm operation.
- Identify sensitive features and minimum setback distances for those
features (according to the NMA).
- Identify factors that increase the minimum setback distance requirements
when applying NASM.
- List various field conditions that will impact the ability to apply
prescribed materials and describe how to identify them.
- List factors that affect application rate.
- Describe why it is important to identify and monitor field tile outlets.
- Describe the acceptable methods and management criteria for applying
nutrients with high trajectory irrigation guns and direct flow application
systems.
- Be familiar with the differences between hydrological soil groups.
- Differentiate between Environmental Protection Act (EPA) and
NMA requirements for land application activities regarding NASM, and
determine which regulatory framework is appropriate in a given situation.
- Identify the acceptable pre-harvest and pre-grazing waiting periods
following application of NASM.
- Distinguish the differences for application and site criteria between
NASM and ASM.
- Identify setbacks from residences for NASM application, according
to the EPA.
Winter Application of Manure & Other Prescribed Materials
- Identify regulatory restrictions for winter spreading for the following:
- solid ASM,
- liquid ASM, and
- NASM, including sewage biosolids and pulp and paper mill biosolids.
Category 3: Recordkeeping
- Identify records required for a custom applicator under O.Reg 267/03.
- Describe the role that documentation over and above regulatory requirements
can play in managing liability.
- Know how to keep accurate, detailed records on behalf of the generator
and/or receiver, as well as business operation records.
- Explain the importance of communicating recordkeeping information
to the generator and/or receiver.
Category 4: Environmental Management
- Develop and implement a strategy to train staff on their roles and
responsibilities.
Contingency Planning
- Understand the importance of having a Contingency Plan as a good
business practice for common nutrient application activities.
- Describe the essential components of a Contingency Plan.
- Develop standard operating procedures for contingency planning in
field situations and describe how this will be communicated to staff.
- Recognize common business situations/activities that might be addressed
in a Contingency Plan.
- 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.
- Cite the Spills Action Centre phone number.
- Identify potential problems with implementing a Contingency Plan.
- 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).
Abbreviations & Key Terms
Please read this section carefully to ensure an 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
- Agricultural Source Materials (ASM)
- Beneficial Management Practices (BMPs)
- Broker
- Business Owner
- Certificate of Approval (C of A)
- Compliance
- Contingency Plan
- Crop Residue
- Diligence
- Direct Flow Application Systems
- Environmental Protection Act (EPA)
- Farm Unit
- Field
- Frozen Soil
- Generator
- High Trajectory Guns
- Hydrological Soil Group
- Incorporation
- Injection
- Intermediate Generator
- Liquid Loading
- Living Crop or Cover Crop
- Maximum Sustained Slope
- Minimum Separation Distances
- Municipal Wells
- N-Index
- 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
- P-Index
- Prescribed Material
- Receiver
- Runoff
- Sensitive Features
- Setback
- Slope
- Snow Covered Soil
- Surface Application
- Surface Water
- Temporary Field Storage
- Tile Inlets
- Tillage
- Top of Bank
- Unsaturated Soil
- Vegetated Buffer Zone
- Wells
Related Links
For more information:
Toll Free: 1-866-242-4460
E-mail: nman.omafra@ontario.ca
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