2004 Nutrient Management
Protocol for Ontario Regulation 267/03 Made under the Nutrient Management
Part 1 - Introduction
Table of Contents
- Terminology and Context
- Regulated Operations
- Regulated Practices for all Operations
This document is the Nutrient Management Protocol
("Protocol") which is referred to in Regulation 267/03
made under the Nutrient Management Act 2002, S.O. 2002,.
It provides technical and scientific details and standards that
are complementary to and in addition to those set out in the Regulation.
Using this Protocol will be useful in developing and implementing
nutrient management strategies and nutrient management plans that
comply with regulatory requirements.
1.1 Terminology and Context
"Prescribed material" means an agricultural
source material or a non-agricultural source material.
"Nutrients" are applied to land to improve
the growing of crops and can be prescribed materials, commercial
fertilizers and compost. NMA Act, section 2.
A "nutrient management strategy" (NMS) describes
the generation, storage and destination of prescribed materials.
Generators (those who generate a prescribed material), who are captured
by the phase-in requirements of the regulation, must complete a
nutrient management strategy for the farm unit or nonagricultural
operation for the prescribed materials generated or received in
the course of the operation: Regulation, Part 2.
A "nutrient management plan" (NMP) describes
for the nutrients received, or applied on the land, the management
of the nutrients. If you own or control land to which nutrients
are applied, and you are captured by the phase-in requirements of
the regulation, then you must complete a nutrient management plan:
Regulation, Part 2.
Note for agricultural operations:
most operations will generate prescribed materials and apply them
to land so the operators will be required to develop both a nutrient
management strategy and a nutrient management plan. This is discussed
in more detail later in this Protocol.
1.2 Regulated Operations
The Regulation applies to operations that generate,
store or use, or transport prescribed materials, as well as commercial
fertilizers that are used in crop production, that are captured
by the phase-in requirements of the regulation.
The following operations are captured by the phase-in
requirements of the Regulation.
- agricultural operations, and
- nonagricultural operations
Broking operations and other businesses may become
subject to some of the requirements of the Regulation when they
deal with operations that are required to have a nutrient management
strategy or plan.
- Currently the only agricultural operations which are phased
in, and required to have nutrient management strategies and plans,
are those that generate agricultural source material. It should
be noted that all operations must comply with the matters listed
in 1.3 below. An agricultural operation that is carried out on
a "farm unit" under the Regulation will be phased in
- whether the "new" operation will:
- apply for a building permit for a structure that will
be used to house farm animals
- generate manure or other prescribed materials,
- generate more than 5 NU in a year
- be on a separate deeded property, and
- on land which the person who owns or controls the site
has not previously carried out an agricultural operation
that generated manure;
- whether the farm unit is "expanding" and the number
of farm animals is expected to generate 300 or more nutrient
units in a year.
- An agricultural operation that is carried out on a "farm
unit" under the Regulation will be phased in by July 1, 2005
- the existing farm unit is expected to generate 300 nutrient
units or more in a year.
- A "broking operation" is one carried on by a broker:
A broker is defined in Part 1 of the Regulation as a person who:
- receives prescribed materials from an operation,
- does not generate a new nutrient product from those materials,
- transfers the materials to another operation, applies the
materials to land as nutrients on behalf of another person,
or stores them for either of those purposes;
- the broker has obligations under Part 5 of the Regulation
and a training requirement under Part 10 of the Regulation.
- "Nonagricultural operations" are:
- intermediate or broking operations, or any other operation,
other than an agricultural operation, that involves the generation
or management of prescribed materials or nutrients. Regulation,
1.3 Regulated Practices For All Operations
There are three practices outlined in the Regulation
that apply to all agricultural operations. These three requirements
apply even if the farm operation is not triggered by the phase in
requirements of the regulation or if the operation is without livestock.
- Ban on high-trajectory guns. Part 6 of Regulation 267/03. High-trajectory
application systems for nonagricultural source materials are banned,
effective September 30, 2003. This will be followed by a ban on
high-trajectory systems for manure by the earlier of March 31,
2005 or the date an operation is captured by the phase-in requirements
of the regulation.
- Ban on land application of sewage biosolids from December 1
- March 31 and anytime the ground is frozen or snow covered. Part
6 of Regulation 267/03. Land application of nonagricultural source
materials that are sewage biosolids is banned between December
1 and March 31 and anytime the soil is snow covered or frozen.
- Application of nonagricultural source materials must be at least
20 metres from surface water. Part 6 of Regulation 267/03. Nonagricultural
source materials cannot be land applied closer than 20 meters
from the top of the nearest bank of surface water.