6 (1) The Lieutenant Governor in Council may make regulations, (a)  establishing standards respecting the management of materials containing nutrients used by and on agricultural operations or used for other uses; (b)  establishing standards respecting farm practices and other uses to be followed with respect to the materials mentioned in clause (a); (c)  requiring farmers and other persons to comply with the standards mentioned in clause (a) or (b).  2002, c. 4, s. 6 (1). Same (2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations, (a)  governing the management of materials containing nutrients including, (i)  specifying standards for the size, capacity and location of buildings or structures that are used to store materials containing nutrients or to house farm animals, including buildings or structures that are not buildings as defined in subsection 1 (1) of the Building Code Act, 1992, (ii)  specifying standards relating to the construction, on an agricultural operation, of the buildings or structures to which subclause (i) applies and requiring excavations to be carried out around them, including the formation of earth barriers, and specifying standards for the excavations, (iii)  respecting the amount of materials containing nutrients that may be applied to lands, the quality of the materials and the type of land to which the materials or a type of the materials may be applied, (iv)  respecting the time and manner in which materials containing nutrients may be applied to lands, (v)  specifying standards for equipment used to transport and apply materials containing nutrients, and (vi)  respecting technologies used for the management of materials containing nutrients, including prescribing conditions for the use of the technologies and respecting the manner and the circumstances in which they may be used; (b)  requiring farmers and other persons to meet prescribed qualifications and to pass prescribed examinations in relation to the application of materials containing nutrients to lands; (c)  respecting the qualifications, education, training and certification necessary in order to carry out prescribed nutrient management practices and prohibiting persons other than those with the prescribed qualifications, education, training or certification from performing the prescribed nutrient management practices in an agricultural operation; (d)  prohibiting persons from engaging in the business of applying materials containing nutrients to lands unless licensed to do so; (e)  respecting the licensing of persons who are engaged in the business of applying materials containing nutrients to lands, respecting applications for the licences and the issuing, renewing, expiration, suspension and cancellation of the licences, respecting the qualifications for the licences and specifying the conditions of the licences; (f)  prohibiting the application of materials containing nutrients to lands except in accordance with a nutrient management plan prepared or approved in accordance with the regulations and permitting deviations from the plan in the circumstances specified in the regulations or where the deviation is approved by a person specified in the regulations; (g)  governing the preparation of nutrient management plans, requiring farmers and others to ensure that a nutrient management plan is prepared in relation to their operations and specifying the method according to which the plan must be prepared and the contents of the plan; (g.1)  governing the preparation of nutrient management strategies, requiring that municipalities and generators of prescribed materials ensure that a nutrient management strategy is prepared and specifying the method according to which the strategy must be prepared and the contents of the strategy; (h)  requiring that nutrient management plans for agricultural operations, or for prescribed classes of agricultural operations, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval; (i)  requiring that nutrient management strategies for municipalities and generators of prescribed materials, or for prescribed classes of those municipalities and generators, be prepared or approved by persons who meet the qualifications specified in the regulations or who are appointed by any Minister responsible for the administration of a provision of this Act for the purpose of giving the approval; (j)  providing for the issue of approvals and their termination and amendment; (k)  specifying the length of time for which a nutrient management plan or a nutrient management strategy is valid and requiring that, at the prescribed times or when there is a prescribed change in the agricultural operation or other prescribed activity, a new plan or strategy be prepared and approved or an existing plan or strategy be amended and approved; (l)  providing for the amendment or termination of nutrient management plans or nutrient management strategies by persons who are appointed by any Minister responsible for the administration of a provision of this Act for the purposes of doing those amendments or terminations, if the plans or strategies are not in accordance with the regulations; (m)  requiring that a nutrient management plan, nutrient management strategy or any other record or document required under this Act be, (i)  kept by the farmer or the other persons that are specified in the regulations for the period of time specified in the regulations, or (ii)  filed in accordance with the requirements specified in the regulations; (n)  providing for the establishment of a registry in which nutrient management plans, nutrient management strategies and other prescribed documents relating to this Act shall be recorded or providing for the use of any other registry for recording those plans, strategies and documents; (o)  providing for access to the documents in a registry described in clause (n) or portions of them; (p)  requiring that persons who manage materials containing nutrients gather samples of them in accordance with the requirements specified in the regulations and submit them, in accordance with the requirements specified in the regulations, to prescribed persons for the purpose of a chemical analysis; (q)  governing the manner in which the chemical analysis mentioned in clause (p) is to be performed and requiring that the persons who perform it make the reports on it that are specified in the regulations; (r)  requiring that studies be conducted in relation to the use of materials containing nutrients on lands, including topographical studies and studies to determine soil types on those lands and studies to determine the depth, volume, direction of flow and risk of contamination of water located on, in and under those lands; (s)  requiring that the studies mentioned in clause (r) be conducted by a person who has the prescribed qualifications; (t)  requiring that the recommendations, if any, contained in the studies mentioned in clause (r) be followed in the use of materials containing nutrients on the lands being studied; (u)  respecting minimum distance separation requirements between, (i)  lands to which materials containing nutrients are applied or places in which materials containing nutrients are stored or farm animals are housed, and (ii)  properties surrounding the lands or places described in subclause (i) or those other places or geographic features that are specified in the regulations; (v)  requiring that materials containing nutrients be managed in an environmentally responsible manner as specified in the regulations by persons who are engaged in the purchase, acquisition, resale or disposal of materials containing nutrients or who are otherwise engaged in the trading of materials containing nutrients; (w)  governing the use of innovative technologies in the management of materials containing nutrients used by and on agricultural operations, including specifying conditions for the use of those technologies and respecting the manner and the circumstances in which they may be used; (x)  requiring a farmer or whatever other person is specified in the regulations to prepare records or documents in relation to the management of materials containing nutrients and those other matters that are specified in the regulations; (y)  requiring that a nutrient management plan, nutrient management strategy or any other record or document that must be prepared, kept or filed under this Act, be prepared, kept or filed in an electronic format and respecting requirements for the preparation, keeping and filing of those plans, records and documents in an electronic format; (z)  prohibiting a farmer from, (i)  constructing a structure or a building to be used to house farm animals or to store materials containing nutrients, (ii)  enlarging an existing structure or building that is used to house farm animals or to store materials containing nutrients, or (iii)  converting an existing structure or building into one that is used to house farm animals or to store materials containing nutrients, unless the farmer has, (iv)  prepared and filed a nutrient management plan or a nutrient management strategy in accordance with the requirements specified in the regulations, and (v)  met the requirements specified in the regulations with respect to the site and construction of the structure or building; (z.1)  respecting the issuance of certificates to a farmer as evidence that the farmer is in compliance with this Act and the regulations and respecting the cancellation, expiry and renewal of the certificates; (z.2)  providing for the establishment and operation of local committees to assist in the doing of any prescribed matters including mediation of disputes in connection with the management of materials containing nutrients on lands.  2002, c. 4, s. 6 (2); 2009, c. 33, Sched. 15, s. 7 (3). Director’s powers (3) A Director may, in accordance with the regulations, (a)  issue, amend, suspend or revoke a certificate, licence or approval; or (b)  impose or amend conditions on a certificate, licence or approval.  2002, c. 4, s. 6 (3). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 15, s. 7 (3) - 15/12/2009