June 2003 Nutrient Management Protocol for Ontario Regulation 267/03 Made under the Nutrient Management Act, 2002

Part 1 - Introduction

Table of Contents

  1. Regulated Operations

This document is the Nutrient Management Protocol ("Protocol") which is referred to in the Regulation 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 materials" are materials from agricultural and non-agricultural sources that are intended to be applied to land as nutrients other than a commercial fertilizer or compost that meets the Ministry of the Environment Interim Guidelines for the Production and Use of Anaerobic Compost in Ontario, 1991: Regulation, Part 1.

"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 non-agricultural 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: it is possible for the operation to 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
  • broking operations; and
  • non-agricultural operations
  1. Currently the only agricultural operations which are phased in by the regulation are those that generate agricultural source material. An agricultural operation that is carried out on a "farm unit" under the Regulation will be phased by September 30, 2003 depending on:
    • whether the "new" operation will:
      • generate manure,
      • be greater than 5 NU
      • 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 the number of farm animals so that it is expected to generate 300 or more nutrient units
  2. An agricultural operation that is carried out on a "farm unit" under the Regulation will be phased in by July 31, 2005 if:
    • the existing farm unit is expected to generate 300 nutrient units or more in a year.
  3. 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.
  4. Non-agricultural operations" are operations that generate non-agricultural source materials. Regulation, Part 1.

For more information:
Toll Free: 1-877-424-1300
E-mail: ag.info.omafra@ontario.ca
Author: OMAFRA Staff
Creation Date: 30 June 2003
Last Reviewed: 30 June 2003