Interpretation
 1. (1) In this Regulation, “approved waste disposal site” means a waste disposal site that is operating under an environmental compliance approval that permits the site to dispose of dead animals; (“lieu d’élimination des déchets autorisé”) “aquifer” means an underground formation of saturated permeable rock or saturated loose material including soil that can produce useable quantities of water when tapped by a well; (“aquifère”) “cold storage” means storage in a location that has a continuous temperature of 4 degrees Celsius or less; (“entreposage frigorifique”) “collector” means a licensed collector under Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001; (“ramasseur”) “common collection point” means a common collection point designated under subsection 20 (2); (“point de ramassage commun”) “composting” means the treatment of organic matter through aerobic decomposition by bacterial action to produce regulated compost; (“compostage”) “composting material” means a mixture composed entirely of dead farm animals and substrate that is undergoing composting; (“matières de compostage”) “dead farm animal” means all or part of a dead animal that satisfies the criteria set out in section 2 and that an operator is required to dispose of under this Regulation; (“cadavre d’animal d’élevage”) “environmental compliance approval” means an environmental compliance approval within the meaning of the Environmental Protection Act; (“autorisation environnementale”) “farm” means a registered parcel of land on which one operator carries out a farm operation; (“ferme”) “farm operation” means an agricultural operation where at least one animal described in section 2 is bred, produced, raised, kept or boarded as described in that section; (“exploitation d’élevage de bétail”) “flow path”, in relation to a burial pit, composting disposal site or disposal vessel, means a surface channel or depression that conducts liquids away from the pit, site or vessel; (“voie d’écoulement”) “frozen soil” means soil that is consolidated by the presence of frozen moisture in the soil, in any layer with a minimum thickness of five centimetres, where the layer is located within the top 15 centimetres of the soil; (“sol gelé”) “frozen storage” means storage in a location that has a continuous temperature that is sufficient to maintain the dead farm animal in a frozen solid state; (“entreposage congelé”) “highway” has the same meaning as in the
Highway Traffic Act; (“voie publique”) “hydrologic soil group AA” means a soil with rapid infiltration rates, namely hydrologic soil group A within the meaning of the Ministry publication “Drainage Guide for Ontario”, dated 2007, as amended from time to time, that has a depth of less than 0.9 metres to the uppermost identified bedrock layer; (“groupe hydrologique de sols AA”) “in-vessel composting” means a method of composting in which material undergoes composting in a structure that is designed to maintain optimal aeration and temperature conditions during composting by using mechanical turning and is designed, or is enclosed within a building or structure designed, to prevent the entry of scavengers, insects, rodents and other pests; (“compostage en cuve”) “livestock housing facility” means any building or structure on a farm whose main purpose is housing a farm animal described in section 2; (“lieu d’hébergement du bétail”) “operator” means the person who owns or controls a farm operation; (“exploitant”) “organic soil” means soil containing more than 17 per cent organic carbon by weight, commonly known as peat, muck, bog or fen soil; (“sol organique”) “outdoor confinement area” means an enclosure for one or more animals described in section 2 that, (a) is composed of fences, pens, corrals or similar structures, (b) may contain a shelter to protect animals from the wind or a shelter with a roof that has an area of less than 20 square metres, (c) contains no roof, other than one described in clause (b), (d) has feeding or watering equipment that is used to feed or water the animals, and (e) has no grazing or foraging vegetation, or has grazing and foraging vegetation that provides less than 50 per cent of the dry matter intake for animals in the enclosure; (“zone de confinement extérieure”) “post mortem activity” means a post mortem examination, an investigation or a loss adjustment; (“activité post mortem”) “poultry” means the birds described in paragraph 3 of section 2, and their hybrids; (“volaille”) “regulated compost” means the product derived from composting material that undergoes composting in accordance with this Regulation and that is regulated compost under the requirements set out in section 16; (“compost réglementé”) “residential area” means an area in which there are four or more lots of not more than one hectare, (a) that are adjacent to each other or not separated by anything other than a road allowance or right of way, and (b) on each of which there is a residential building; (“zone résidentielle”) “surface water” means, (a) a natural or artificial channel that carries water continuously throughout the year, or intermittently, and does not have established vegetation within the bed of the channel except vegetation dominated by plant communities that require or prefer the continuous presence of water or continuously saturated soil for their survival, (b) a lake, reservoir, pond or sinkhole, or (c) a wetland, such as a swamp, marsh, bog or fen, but not land that is being used for agricultural purposes that no longer exhibits wetland characteristics, if the wetland, (i) is seasonally or permanently covered by shallow water or has the water close to the surface of the ground, and (ii) has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants, but does not include, (d) grassed waterways, (e) temporary channels for surface drainage, such as furrows or shallow channels that can be tilled and driven through, (f) rock chutes and spillways, (g) roadside ditches that do not contain a continuous or intermittent stream, (h) temporarily ponded areas on land that is normally used in an agricultural operation, (i) dugout ponds, and (j) artificial bodies of water intended for the storage, treatment or recirculation of runoff from farm-animal yards, manure storage facilities and sites and outdoor confinement areas; (“eau de surface”) “top”, in relation to a defined channel or a bank of surface water, means, (a) the edge of the channel or bank, if there is a sharp change from the steep slope of the channel or bank to the shallower slope of the land area, or (b) the normal full extent of the watercourse when it contains the maximum volume of water without flooding, if the change in slope described in clause (a) does not exist; (“haut”) “well” includes a gas well, oil well, unused well, test well and water well. (“puits”)  O. Reg. 106/09, s. 1 (1); O. Reg. 235/11, s. 1. (2) A reference in this Regulation to land that has an “industrial or parkland use” means land if the land or any building on that land is used for an industrial or parkland purpose, including, without being limited to, (a) for an enterprise or activity that involves assembling, fabrication, manufacturing, processing, producing, storing, warehousing or distributing goods or raw materials; (b) as a public park or conservation area; (c) for outdoor sports or recreational activities; (d) as a day camp; or (e) for outdoor gatherings for civic, religious or social purposes.  O. Reg. 106/09, s. 1 (2). (3) A reference in this Regulation to land that has a “commercial, community or institutional use” means land if the land or any building on that land is used for a commercial, community or institutional use, including without being limited to, (a) for an enterprise or activity that involves the exchange of goods or services, including the provision of personal services; (b) as an office building; (c) as a hotel, motel, hostel or similar type of accommodation; (d) as an overnight camp or overnight campgrounds; (e) for indoor recreational or sporting activities; (f) for indoor gatherings for civic, religious or social purposes; (g) for indoor performing arts activities; (h) as a railway station, airport passenger terminal or other embarkation or debarkation point for travellers; (i) as a day care centre; (j) for educational purposes, including as a school, college, university, private career college or an associated residence; Note: On January 1, 2024, the day section 1 of Schedule 29 to the Less Red Tape, Stronger Economy Act, 2023 comes into force, clause 1 (3) (j) of the Regulation is amended by striking out “private career college” and substituting “career college”. (See: O. Reg. 366/23, s. 1) (k) a health care facility; or (l) a penitentiary, jail or other place of custody or detention.  O. Reg. 106/09, s. 1 (3). (4) A reference in this Regulation to a residential structure means a structure that is used as a residence, including a mobile home or a seasonal home, but not including a residential building that is in a residential area.  O. Reg. 106/09, s. 1 (4).