Performance Guidelines for Agricultural Consultants Certified under the Nutrient Management Act, 2002 (NMA)

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on this page about regulations under the Nutrient Management Act, 2002 and the Environmental Protection Act is out of date.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 is 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. General Guidelines
3. Guidelines for the Development of NMS/Ps
4. Guidelines for the Approval of NMS/Ps

Introduction

The purpose of the Nutrient Management Act, 2002 (NMA), Ontario Regulation 267/03 and the related 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. O. Reg. 267/03, as amended, identifies a number of management practices that require a certificate or licence.

The Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) is responsible for administering those parts of the NMA that relate to the issuance, renewal, amendment, revocation or suspension of certificates and licences. As such, OMAFRA is responsible for ensuring individuals certified under O. Reg. 267/03 are qualified and competent.

An Agricultural Operation Strategy or Plan Development Certificate (AOSPDC) is mandatory for an individual preparing a Nutrient Management Strategy (NMS) or Nutrient Management Plan (NMP) for agricultural operations for which he or she is not the owner, operator or employee. These certificate holders are referred to as consultants. The skills and knowledge these consultants are expected to have and maintain are outlined in the document entitled "Agricultural Operation Strategy or Plan Development Certificate under the Nutrient Management Act, 2002 and O. Reg. 267/03, as amended - Core Competencies," which can be found on the Ministry website at www.omafra.gov.on.ca, by clicking on "Agriculture," then "Nutrient Management Information," and then "Certification and Training."

The performance guidelines listed below go beyond both the requirements outlined in the Regulation and the skills and knowledge outlined in the core competencies document. The guidelines are intended to provide a consistent set of value-added principles for certified nutrient management consultants that reflect "best management practices" for the industry.

Developed and peer reviewed by a variety of stakeholders, including representatives from
OMAFRA's Nutrient Management Branch, the Ministry of the Environment (MOE) and agricultural organizations, these guidelines outline practices followed by consultants providing a high level of professionalism to their clients. When adopted across the industry, these practices can enhance this profession's reputation and create a positive public identity, which can lead to an increased public awareness and trust among clients.

General Guidelines

• Actively pursue formal and informal learning opportunities to enhance and improve level of knowledge and competence with respect to current nutrient management legislation and practices and related Acts and Regulations (e.g., the Environmental Protection Act, the Ontario Water Resources Act, and the Fisheries Act).
• Act conscientiously and diligently in providing professional services.
• Build networks with representatives from local municipalities and associations to enhance the understanding of how the NMA affects their operations (e.g., Chief Building Officials, local chapters of commodity groups, etc.).
• Clearly identify for the client(s) the services being provided (i.e., identify where consultant services start and stop).
• Inform client(s) of any action planned or undertaken by the client(s) that is believed to be detrimental to good stewardship and environmental practice.
• Be thoroughly informed when giving professional opinions or making recommendations (consult with other professionals and Ministry staff where appropriate). Ensure information and advice provided to clients is accurate and up-to-date.
• Be aware of the obligations to report serious contravention of the NMA and related Acts and Regulations (e.g., the Environmental Protection Act, the Ontario Water Resources Act, and the Fisheries Act) to the proper authority.
• Ask the client(s) to provide a copy of the Biosecurity Plan for the farm operation and ensure biosecurity measures are followed.

Guidelines for the Development of NMS/Ps

• Clearly communicate the benefits of NMS/Ps to all clients (e.g., economic benefits).
• Prior to commencing work on a NMS/P, clearly communicate the goals and various responsibilities to the client(s), including:
  • client roles and responsibilities in assisting with the development of the NMS/Ps (i.e., providing full, complete and accurate information);
  • legal responsibility of the client(s) to follow the NMS/P and to document activities;
  • client duty to report any spills or environmental events that could potentially cause an adverse effect to the environment; and
  • timelines for the project, and expectations around turnarounds times for such things as supplying initial and additional information, responding to client queries, etc.
• Make clients aware of the potential consequences of not complying with the NMA and Regulations, and the role audits play to enforce the Regulations.
• Ensure the NMS/P will not contravene any provincial legislation and practices (e.g., Building Code, etc.).
• Ensure there is a commitment from the client(s) to help with the development of the NMS/P and to implement the NMS/P.
• Ensure the NMS/P not only meets legal requirements but is also practical and effective.
• Work with the client(s) during preparation to ensure NMS/Ps accurately reflect the conditions on the agricultural operation by verifying all the information provided by the client(s) by conducting a site visit and having the client(s) warrant that the information provided is correct, comprehensive and accurate.
• Work with the client(s) to explain the Regulation in relation to the farm operation.
• Communicate any environmental risks and possible adverse effects to the client(s) (e.g., risks concerning application, etc.).
• Assess an agricultural operation quickly (on the first visit) and identify limitations for the operation. Effectively communicate any issues that may interfere with the approval process.
• Ensure NMS/Ps are comprehensive, contain all required information (including complete and accurate contact information for consultants and producers), and are properly signed.
• Ensure the information in NMS/Ps is consistent (i.e., values match throughout the plan, descriptions of field sketches and software).
• Before finalizing NMS/Ps, review the documents with the client(s) to ensure full awareness and understanding of the contents. Also ensure the NMS/Ps are:
  • accurate and that values match throughout the document;
  • comprehensive, containing all the required information;
  • presented in a neat, organized and consistent fashion; and
  • properly signed.
• Understand personal responsibility when signing a NMS/P as a preparer and certified consultant.
• Keep thorough, accurate and dated records of all activities and dealings with the client(s).

Guidelines for the Approval of NMS/Ps

If the NMS/P requires approval from NMB:

• To expedite the preparation of NMS/Ps, direct questions, concerns and responses related to the development and content of NMS/Ps to OMAFRA Approval Unit staff or Nutrient Management Field Specialists.
• Keep the client(s) informed of the status of NMS/Ps during the approval process (e.g., immediately share information about Requests for Additional Information).
• Ensure client(s) are aware of changes to NMS/Ps as a result of any review and concur with those changes.
• When approval of NMS/Ps is completed, review the contents of the NMS/Ps (and any changes) with the client(s) within 30 days.
• Conduct and conclude activities in a timely fashion, in particular responding to Requests for Additional Information from OMAFRA's Nutrient Management Branch.