Performance Guidelines for Brokers

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on this page about regulations under the Nutrient Management Act, 2002 and the Environmental Protection Act is out of date.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

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.

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 that individuals certified under O. Reg. 267/03 are qualified and competent.

A Broker Certificate is mandatory for brokers who deal with farm operations subject to O. Reg. 267/03 and required to have a Nutrient Management Strategy (NMS), and possibly a Nutrient Management Plan (NMP). The roles and responsibilities of a broker under the NMA are clearly outlined in OMAFRA's Broker's Certificate course and are summarized in the "Roles and Responsibilities" handout distributed at that course. The skill and knowledge that brokers are required to have and maintain are outlined in the Core Competencies document, "Broker Certificate under the Nutrient Management Act, 2002 and O. Reg. 267/03, as amended - Core Competencies," found on the Ministry website at www.omafra.gov.on.ca.

The performance guidelines listed below go beyond the regulatory requirements and the skills and knowledge listed in the Core Competencies document. They are intended to provide a consistent set of guidelines for brokers that reflect "best management practices" for the industry. These guidelines outline practices followed by brokers providing good professional services to their broking clients.

A variety of stakeholders, including representatives from OMAFRA, the Ministry of the Environment (MOE), brokers, and agricultural organizations contributed to the development and review of these guidelines. When adopted across the industry for both agricultural (e.g., manure) and non-agricultural (e.g., sewage biosolids, food processing wastes, etc.) source materials, these practices can enhance the reputation of the broking profession and promote a positive public identity, which can lead to increased public acceptance and trust among clients.

General

• Act conscientiously and diligently in providing professional services.
• 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, as well as related Acts and Regulations (e.g., Highway Traffic Act, Occupational Health and Safety Act, etc.).
• Inform producer of any action planned or undertaken by the producer that is believed to be detrimental to good stewardship and environmental practice or in breach of known laws.
• Provide adequate training to ensure staff is knowledgeable and competent with respect to current nutrient management legislation and practices, as well as related Acts and Regulations.
• When working around covered manure storages, ensure safety procedures are followed for opening, venting and emptying storages.
• Ensure all staff understand and follow on-farm biosecurity measures.
• Follow beneficial management practices relevant for broking for all clients (not just those subject to O. Reg. 267/03), for example, those supported by OMAFRA, which include Best Management Practices books for Nutrient Management, Nutrient Management Planning, Manure Management, etc.
• Follow practices that will assure good neighbourly relations.
• Have more than one certified individual in your company (e.g. one person in each region), and encourage several staff in the company to participate in nutrient management training and certification courses.

Providing Professional Services

• Verify whether or not a client is subject to O. Reg. 267/03 and, if so, verify that there is a NMS. Ask clients to sign documentation that verifies whether or not they are subject to O. Reg. 267/03.
• Before unloading at a temporary field storage location, conduct a site inspection to look for sensitive features and ensure appropriate setbacks, regardless of whether or not the farm is subject to O. Reg. 267/03.
• Follow beneficial management practices for storages (whether permanent or temporary).
• Ensure proper functioning of equipment.
• Keep accurate records for all clients. Record dates, names and locations of generators and receivers, types of prescribed materials and volumes.
• Ask the client for information about the farm operation's contingency plan (all phased in farms will have a contingency plan for dealing with both emergencies such as spills and non-emergency contingencies). Know where the plan is posted on the farm, so phone numbers and procedures can be quickly accessed, if required.
• For non-emergency contingencies that may occur at time of spreading, such as poor weather or unexpected site conditions (e.g., waterlogged fields, leaking tanks), ensure that staff has a procedure to follow that will allow for alternate spreading arrangements, if needed.

Communicating with Clients and Government Agencies

• Ask all your clients to sign an agreement that outlines the particulars of the broking service being provided and ensure the requirements under O. Reg. 267/03 are met or exceeded.
• Discuss broker and client roles and responsibilities under the NMA with all clients.
• Inform clients if their actions, either undertaken or planned to be undertaken, are in breach of known laws or contrary to beneficial management practices.
• Immediately inform the appropriate government agency/agencies of any contraventions of provincial legislation.