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Performance Guidelines for Owners/Managers of Custom Application Businesses
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.
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 Prescribed Materials Application Business Licence is mandatory
for business owners/ managers in the business of land application
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 these businesses
under the NMA are clearly outlined in the Prescribed Materials Business
Application Owner's Licence course and summarized in the "Roles
and Responsibilities" handout distributed at that course. The
skills and knowledge required by these individuals are outlined in
the Core Competencies document, "Prescribed Materials Application
Business Licence 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 custom
applicators that reflect "best management practices" for
the industry. The guidelines outline practices consistent with providing
professional services to clients.
A variety of stakeholders, including representatives from OMAFRA,
the Ministry of the Environment (MOE), land applicators, 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 land application profession and promote a positive public identity,
which can lead to increased public acceptance and trust among clients.
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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.).
- Provide staff with adequate training to ensure they are knowledgeable
and competent in the items stated above, as well as:
- equipment operation, calibration and maintenance;
- accurate application (in accordance with calibration);
- accurate recordkeeping;
- contingency plans and standard operating procedures that
outline procedures staff should follow when Nutrient Management
Plans do not reflect the operation and/or conditions;
- who to call when uncertain about whether or not something
is allowed under O. Reg. 267/03 or may be contrary to beneficial
management practices; and
- safety procedures when dealing with such things as manure
gas and confined space.
- 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.
- Ask clients to sign documentation that verifies whether or not
they are subject to O. Reg. 267/03.
- Ask all clients to sign an agreement that:
- outlines the particulars of the service being provided;
- ensures the requirements under O. Reg. 267/03 are met or
exceeded; and
- provides for a contingency plan if field conditions will
not allow spreading at the time of planned application of prescribed
materials.
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Provide Professional Services
- Ask the client for a copy of the NMP, if one exists, and be sure
to mark sensitive areas on all sites before any land application.
- Follow beneficial management practices relevant for land application
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.
- Take measures to ensure proper functioning of equipment and proper
calibration, including performing regularly scheduled maintenance.
- Keep accurate records for all clients. Record dates, names and
locations of generators and receivers, types of prescribed materials
and volumes.
- Have a standard operating procedure in place if the NMP does not
reflect the farm operation.
- Have a contingency plan, and train staff so they can follow it.
- Follow practices that will assure good neighbourly relations.
- Ensure all staff understand and follow on-farm biosecurity measures.
Communications with Clients and Government Agencies
- Discuss land applicator and client roles/responsibilities regarding
land application activities under the NMA with all clients.
- Keep accurate records and make them available to clients upon
request.
- 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 proper government agency/agencies of any
contraventions of provincial legislation.
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For more information:
Toll Free: 1-866-242-4460
E-mail: nman.omafra@ontario.ca
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