2004 Nutrient Management Protocol for Ontario Regulation 267/03 Made under the Nutrient Management Act, 2002

Part 1 - Introduction

Table of Contents

  1. Terminology and Context
  2. Regulated Operations
  3. 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.

  1. 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 depending on:
    • 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.
  1. An agricultural operation that is carried out on a "farm unit" under the Regulation will be phased in by July 1, 2005 if:
    • the existing farm unit is expected to generate 300 nutrient units or more in a year.
  2. 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, and
    • 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.
  3. "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, Part 1.

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.

  1. 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.
  2. 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.
  3. 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.

For more information:
Toll Free: 1-877-424-1300
E-mail: ag.info.omafra@ontario.ca
Author: OMAFRA Staff
Creation Date: 14 June 2004
Last Reviewed: 14 June 2004