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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

Author: Mari Komljanec - Manager, Training and Certification/OMAFRA
Creation Date: 16 December 2005
Last Reviewed: 18 September 2009

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on this page about regulations under the Nutrient Management Act, 2002 and the Environmental Protection Act is out of date.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

  1. Introduction
  2. Category 1: General Information
  3. Category 2: Nutrient Application
  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 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:

  1. General Information
  2. Nutrient Application
  3. Recordkeeping
  4. 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

  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 an owner/manager of a custom application business.
  3. 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.
  4. Identify items that are defined as agricultural source material (ASM).
  5. Identify items that are defined as non-agricultural source material (NASM).
  6. Identify the licence requirements for an owner/manager of a custom applicator business, and the technician (including licence renewal timeline).
  7. 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.
  8. 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.
  9. Describe the concepts of adverse effect and diligence and how these might impact the activities of a custom application business.
  10. 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

  1. Explain, in general terms, the purpose of a Nutrient Management Strategy (NMS) and Nutrient Management Plan (NMP).
  2. Understand the various compliance tools available to enforcement personnel (with the Ministry of the Environment) under the NMA.
  3. Understand how nutrient units are used to define farm size.
  4. 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

  1. Identify available information sources on calibration procedures for application equipment.
  2. Identify BMPs for equipment maintenance that help ensure effective calibration.

 

Review & Verify Nutrient Management Plan

  1. Be able to review and interpret NMP and/or NMAN and other printouts for ASM and NASM application.
  2. Understand the importance of effectively communicating information from NMP or NMAN printout to staff.

 

Land Application of Manure & Other Prescribed Materials

  1. List the three obligations under O. Reg. 267/03 that apply to all land application sites.
  2. 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).
  3. Understand the importance of effectively communicating to clients their in-field responsibilities regarding land application.
  4. Understand that NASM generators have a responsibility to provide the application business with up-to-date NASM analysis.
  5. Describe the in-field responsibilities of application technicians for phased-in operations.
  6. Be able to verify that the applicable components of the NMP or NMAN or other printout reflect current field conditions.
  7. Develop standard operating procedures for technicians to follow when a NMP does not accurately reflect a particular farm operation.
  8. Identify sensitive features and minimum setback distances for those features (according to the NMA).
  9. Identify factors that increase the minimum setback distance requirements when applying NASM.
  10. List various field conditions that will impact the ability to apply prescribed materials and describe how to identify them.
  11. List factors that affect application rate.
  12. Describe why it is important to identify and monitor field tile outlets.
  13. Describe the acceptable methods and management criteria for applying nutrients with high trajectory irrigation guns and direct flow application systems.
  14. Be familiar with the differences between hydrological soil groups.
  15. 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.
  16. Identify the acceptable pre-harvest and pre-grazing waiting periods following application of NASM.
  17. Distinguish the differences for application and site criteria between NASM and ASM.
  18. Identify setbacks from residences for NASM application, according to the EPA.

 

Winter Application of Manure & Other Prescribed Materials

  1. 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

  1. Identify records required for a custom applicator under O.Reg 267/03.
  2. Describe the role that documentation over and above regulatory requirements can play in managing liability.
  3. Know how to keep accurate, detailed records on behalf of the generator and/or receiver, as well as business operation records.
  4. Explain the importance of communicating recordkeeping information to the generator and/or receiver.

Category 4: Environmental Management

  1. Develop and implement a strategy to train staff on their roles and responsibilities.

 

Contingency Planning

  1. Understand the importance of having a Contingency Plan as a good business practice for common nutrient application activities.
  2. Describe the essential components of a Contingency Plan.
  3. Develop standard operating procedures for contingency planning in field situations and describe how this will be communicated to staff.
  4. Recognize common business situations/activities that might be addressed in a Contingency Plan.
  5. 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.
  6. Cite the Spills Action Centre phone number.
  7. Identify potential problems with implementing a Contingency Plan.
  8. 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