Performance Guidelines for Owners/Managers of Custom Application Businesses

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on this page about regulations under the Nutrient Management Act, 2002 and the Environmental Protection Act is out of date.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

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.

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.