jswizzle3737/ontario_laws_and_regs huggingface dataset:
Discharge of runoff
 98.20 No person shall permit the discharge of runoff through a vegetated filter strip system to a vegetated filter strip unless, (a) the runoff being discharged is distributed in a uniform manner across the full width of the strip; (b) the runoff proceeds down the strip in a sheet flow; (c) the strip is free from rills and channels, which may affect the distribution of the runoff on the strip; and (d) the strip is free of accumulated sediments and solids. O. Reg. 394/07, s. 17. Operation and Maintenance of Vegetated Filter Strip System
Operation and Maintenance of Vegetated Filter Strip System
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Operational requirements
 98.21 No person shall permit the discharge of runoff through a vegetated filter strip system to a vegetated filter strip unless, (a) the vegetated filter strip has a minimum width of at least six metres; (b) the amount of runoff discharged through the vegetated filter strip system is no more than the amount the system was designed to handle; and (c) up-slope water has been diverted away from the strip so that it does not enter the strip. O. Reg. 394/07, s. 17.
Limiting access to vegetated filter strip
 98.22 (1) No person shall allow livestock, vehicles, motorized snow vehicles or farm equipment to have access to a vegetated filter strip unless, (a) there is at least 30 centimetres of unsaturated soil at the surface of the strip at the time of access; and (b) the presence of the livestock, vehicle, motorized snow vehicle or farm equipment does not damage the strip. O. Reg. 394/07, s. 17. (2) In this section, “motorized snow vehicle” has the same meaning as in the Motorized Snow Vehicle Act; (“motoneige”) “vehicle” has the same meaning as in the
Highway Traffic Act. (“véhicule”)  O. Reg. 394/07, s. 17.
Vegetative cover on vegetated filter strip
 98.23 No person shall permit the discharge of runoff through a vegetated filter strip system to a vegetated filter strip unless the strip is covered with a continuous, well-established vegetated cover consisting primarily of perennial grasses, but not including trees. O. Reg. 394/07, s. 17.
Harvesting or mowing vegetated filter strip
 98.24 Subject to section 98.25, the person who owns or controls an agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall harvest or mow the vegetated filter strip at regular intervals such that the strip continues to effectively intercept and treat the runoff. O. Reg. 394/07, s. 17.
Height of vegetation
 98.25 The person who owns or controls an agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall ensure that the vegetated filter strip is maintained with vegetation with a height of no less than 75 millimetres. O. Reg. 394/07, s. 17.
Inspections
 98.26 The person who owns or controls an agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall inspect the vegetated filter strip system every six months to ensure that all components are functioning effectively and that the design specifications are being maintained. O. Reg. 394/07, s. 17.
Use ceases if not functioning effectively or within specifications
 98.27 If a component of a vegetated filter strip system is not functioning effectively or the system’s design specifications are not maintained, the person who owns or controls the agricultural operation where the vegetated filter strip system has been established shall discontinue the operation of the system until such time as it is functioning effectively and the design specifications are maintained. O. Reg. 394/07, s. 17. Record Keeping
Record Keeping
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Record keeping
 98.28 (1) The person who owns or controls the agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall keep the following records in relation to the establishment and operation of the vegetated filter strip system: 1. The engineering design specifications and the written records referred to in section 98.18. 2. The date, time and description of inspections under section 98.26 and maintenance activity conducted on the system and the name of the person conducting the inspection or undertaking the maintenance activity. 3. A record of any actions taken to ensure that all components of the system are functioning effectively and that the design specifications of the system are being maintained. O. Reg. 394/07, s. 17. (2) The person who owns or controls the agricultural operation shall maintain the records required under subsection (1) in accordance with section 112 and subsection 113 (1), with necessary modifications. O. Reg. 394/07, s. 17. (3) The person who owns or controls the agricultural operation shall ensure that the records required under subsection (1) are kept in storage for a period of at least two years, (a) from the date of the last use of the vegetated filter strip system, for records of the engineering design specifications and the written records referred to in section 98.18; and (b) from the date they were created for all other records referred to in subsection (1). O. Reg. 394/07, s. 17. PART X   CERTIFICATES AND LicencES Certificates
PART X CERTIFICATES AND LICENCES
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Prescribed nutrient management practices
 99. (1) The following are prescribed as management practices for the purposes of this Part: 1. Preparing a nutrient management strategy or nutrient management plan for an agricultural operation. 2. Preparing a NASM plan for a NASM plan area. 3. Acting as a broker if, i. this Regulation requires the generator of the operation from which the broker receives agricultural source materials to have a nutrient management strategy to carry out the operation, or ii. this Regulation requires the operation to which the broker transfers the materials to have a nutrient management plan or NASM plan. O. Reg. 338/09, s. 77. (2) Paragraphs 1 and 2 of subsection (1) apply whether or not this Regulation requires an approval for the strategy, plan or NASM plan. O. Reg. 338/09, s. 76.
Agricultural operation strategy or plan development certificate
 100. (1) No person shall prepare a nutrient management strategy or nutrient management plan for an agricultural operation of which the person is not the owner, the operator or an employee, unless the person holds an agricultural operation strategy or plan development certificate. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 16 (1). (2) Subject to section 109.1, a Director shall issue an agricultural operation strategy or plan development certificate to an applicant who, (a) pays the fee, if any, established by the Minister; and (b) satisfies the condition or conditions set out in, (i) subsection (3), in the case of a first-time applicant or an applicant who held an agricultural operation strategy or plan development certificate that has been cancelled or has expired, or (ii) subsection (5), in the case of an applicant who holds an agricultural operation strategy or plan development certificate that has not been suspended or cancelled and has not expired. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 16 (2). (3) The following conditions apply to an applicant described in subclause (2) (b) (i): 1. The applicant has attended a course, specified by the Director, that deals with preparing nutrient management strategies and plans for agricultural operations, or has alternate qualifications that the Director considers equivalent. 2. The applicant has obtained a passing grade on at least one and not more than three assignments, specified by the Director, that deal with preparing nutrient management strategies and plans for agricultural operations. 3. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of nutrient management strategies and plans for agricultural operations. 4., 5.  Revoked: O. Reg. 284/13, s. 16 (3). O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 16 (3). (4) Revoked: O. Reg. 284/13, s. 16 (4). (5) The following condition applies to an applicant described in subclause (2) (b) (ii): 1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of nutrient management strategies and plans for agricultural operations. O. Reg. 338/09, s. 76. (6) An agricultural operation strategy or plan development certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 338/09, s. 76. (7) Despite the amendments made to this section by subsections 16 (2), (3) and (4) of Ontario Regulation 284/13, this section, as it read on October 24, 2013, applies to a person who submitted an application under this section on or before that date. O. Reg. 284/13, s. 16 (5).
Agricultural operation planning certificate
 101. (1) No person who owns or operates an agricultural operation for which this Regulation requires a nutrient management strategy or nutrient management plan, and no person who is employed in such an operation, shall prepare a nutrient management strategy or nutrient management plan for the operation unless the person holds an agricultural operation planning certificate or an agricultural operation strategy or plan development certificate. O. Reg. 284/13, s. 17. (2) Subject to section 109.1, a Director shall issue an agricultural operation planning certificate to an applicant who, (a) pays the fee, if any, established by the Minister; and (b) has attended a course, specified by the Director, that deals with preparing nutrient management strategies and plans for agricultural operations, or has alternate qualifications that the Director considers equivalent. O. Reg. 338/09, s. 76. (3) Revoked: O. Reg. 848/21, s. 10.
NASM plan development certificate
 102. (1) On and after September 18, 2009, no person shall prepare a NASM plan unless the person holds a NASM plan development certificate issued under this section. O. Reg. 338/09, s. 76. (2) Subject to section 109.1, a Director shall issue a NASM plan development certificate to an applicant who, (a) pays the fee, if any, established by the Minister; and (b) satisfies the condition or conditions set out in, (i) subsection (3), in the case of a first-time applicant or an applicant who held a NASM plan development certificate that has been cancelled or has expired, or (ii) subsection (4), in the case of an applicant who holds a NASM plan development certificate that has not been suspended or cancelled and has not expired. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 18 (1). (3) The following conditions apply to an applicant described in subclause (2) (b) (i): 1. The applicant has attended a course, specified by the Director, that deals with preparing NASM plans, or has alternate qualifications that the Director considers equivalent. 2. The applicant has obtained a passing grade on at least one and not more than three assignments, as specified by the Director, that deal with preparing NASM plans, or has alternate qualifications that the Director considers equivalent. 3. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of NASM plans. O. Reg. 338/09, s. 76. (4) The following condition applies to an applicant described in subclause (2) (b) (ii): 1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of NASM plans. O. Reg. 338/09, s. 76. (5) A NASM plan development certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 338/09, s. 76. (6) Despite the amendments made to this section by subsection 18 (1) of Ontario Regulation 284/13, this section, as it read on October 24, 2013, applies to a person who submitted an application under this section on or before that date. O. Reg. 284/13, s. 18 (2). 103. Revoked: O. Reg. 284/13, s. 19.
Licences
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Nutrient application technician licence
 106. (1) No person shall apply materials containing nutrients to land in the course of an agricultural operation described in subsection (2) unless he or she holds a nutrient application technician licence. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 22 (1). (2) Subsection (1) applies in respect of an agricultural operation if, (a) this Regulation requires the person who owns or controls the operation to have a nutrient management plan or NASM plan; and (b) the person described in subsection (1) is not an owner, operator or employee of the operation. O. Reg. 338/09, s. 76. (3) Subject to section 109.1, a Director shall issue a nutrient application technician licence to an applicant who, (a) pays the fee, if any, established by the Minister; and (b) satisfies the condition or conditions set out in, (i) subsection (4), in the case of a first-time applicant or an applicant who held a nutrient application technician licence that has been cancelled or has expired, or (ii) subsection (5), in the case of an applicant who holds a nutrient application technician licence that has not been suspended or cancelled and has not expired. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 22 (2). (4) The following conditions apply to an applicant described in subclause (3) (b) (i): 1. The applicant has attended a course, specified by the Director, that deals with the application of prescribed materials to land, or has alternate qualifications that the Director considers equivalent. 2. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with the application of prescribed materials to land. O. Reg. 338/09, s. 76. (5) The following condition applies to an applicant described in subclause (3) (b) (ii): 1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with the application of prescribed materials to land. O. Reg. 338/09, s. 76. (6) A nutrient application technician licence expires on the fifth anniversary of the date on which it is issued. O. Reg. 338/09, s. 76. (7) Despite the amendments made to this section by subsection 22 (2) of Ontario Regulation 284/13, this section, as it read on October 24, 2013, applies to a person who submitted an application under this section on or before that date. O. Reg. 284/13, s. 22 (3). General
Cancellation of certificates and licences
 107. (1) A Director may, by written notice, suspend or cancel a certificate or licence issued under this Part or a predecessor of this Part if, (a) the holder of the certificate or licence, (i) contravenes the Act or regulations, or (ii) in the Director’s opinion, has demonstrated incompetence or bad faith in carrying out the activity with respect to which the certificate or licence is issued; and (b) in the case of cancellation, the Director has given the holder at least 15 days written notice, with reasons, of the intention to cancel the certificate or licence. O. Reg. 338/09, s. 76. (2) A notice issued under subsection (1) that suspends or cancels a certificate or licence must provide reasons for the suspension or cancellation and set out the procedure for appeals under section 9 of the Act. O. Reg. 338/09, s. 76. (3) Subsection (1) applies whether the certificate or licence was issued before, on or after September 18, 2009. O. Reg. 338/09, s. 76.
Conditions
 108. (1) A certificate or licence issued under this Part or a predecessor of this Part is subject to the conditions that are consented to by the applicant, imposed by a Director under subsection (2) or ordered by the Tribunal. O. Reg. 338/09, s. 76. (2) The Director may issue a certificate or licence subject to any conditions that he or she considers appropriate. O. Reg. 338/09, s. 76. (3) Subsection (1) applies whether the certificate or licence was issued before, on or after September 18, 2009. O. Reg. 338/09, s. 76.
Amendment of certificates and licences
 109. (1) A Director may, by written notice, amend a certificate or licence issued under this Part or a predecessor of this Part if he or she considers it appropriate to do so. O. Reg. 338/09, s. 76. (2) A notice issued under subsection (1) must provide reasons for the amendment and set out the procedure for appeals under section 9 of the Act. O. Reg. 338/09, s. 76. (3) Subsection (1) applies whether the certificate or licence was issued before, on or after September 18, 2009. O. Reg. 338/09, s. 76.
Refusal to issue certificate or licence
 109.1 The Director may refuse to issue a certificate or licence under this Part if, in his or her opinion, (a) the applicant is or has been in contravention of the Act or this Regulation, or is or has been in breach of a condition of another certificate or licence issued under this Part; (b) the applicant is not competent to carry on the activity that would be authorized by the certificate or licence; or (c) the past conduct of the applicant affords reasonable grounds for belief that the activity that would be authorized by the certificate or licence will not be carried on with honesty and integrity. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 23. Extension of Licences and Certificates Due to Coronavirus (Covid-19)
Extension of Licences and Certificates Due to Coronavirus (Covid-19)
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Extension of licences and certificates
 109.2 (1) This section applies to any licence or certificate issued under this Part if the fifth anniversary of the day it was issued falls on or after the day this section comes into force but before April 30, 2021. O. Reg. 148/20, s. 1. (2) Despite any provision in this Part, a licence or certificate referred to in subsection (1) shall not expire on the fifth anniversary of the day it was issued but shall expire on April 30, 2021. O. Reg. 148/20, s. 1. (3) If the holder of a licence or certificate referred to in subsection (1) applies for a renewal of that licence or certificate before its expiry under subsection (2), any requirement under this Part that the applicant obtain a passing grade on an examination no earlier than one year before making the application shall be considered satisfied if the applicant obtained the passing grade on the examination before the beginning of that one year period but no earlier than one year before the day this section comes into force. O. Reg. 148/20, s. 1. PART XI   RECORDS
PART XI RECORDS
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Duty to keep records
 110. (1) Every owner or operator of an agricultural operation for which this Regulation requires a nutrient management strategy, a nutrient management plan or a NASM plan shall keep the following records: 1. Copies of the strategy, plan or NASM plan. 2. The written statement required under clause 28.1 (b). 3. The site characterization, if any, that Part VIII requires for the farm unit on which the operation is carried out. O. Reg. 338/09, s. 78; O. Reg. 204/19, s. 12. (2) If Category 1 NASM is applied to land in the course of an agricultural operation but this Regulation does not require the owner or operator to have a NASM plan, the owner or operator shall keep records, (a) identifying the NASM application area; (b) stating the type, quantities and source of NASM that was applied, and the dates on which it was applied; and (c) stating the results of any sampling and analysis required by this Regulation. O. Reg. 338/09, s. 78.
Copy of licences
 111. In addition to section 110, a person who holds a certificate or licence under Part X shall keep a copy of it at the location of the person’s operation or business. O. Reg. 267/03, s. 111.
Form of records
 112. A person who is required to keep records under section 110 shall, (a) keep them by means of paper copies, mechanical, electronic or other devices; (b) take adequate precautions, appropriate to the means used, to guard against the risk of falsification or alteration of the information in the records; and (c) provides a means for making the information in the records available in an accurate and intelligible form within a reasonable time to any person lawfully entitled to examine the records. O. Reg. 267/03, s. 112.
Location and time for storage
 113. (1) A person who is required to keep records under section 110 shall ensure that the records are stored, (a) at the location of the operation; or (b) at another location that is accessible to the operator of the operation at all times, if it is not practical to comply with clause (a). O. Reg. 338/09, s. 79. (2) The person shall ensure that the records are kept in storage, (a) in the case of records relating to a nutrient management strategy, plan or NASM plan, for at least two years after the day the strategy, plan or NASM plan ceases to be in force; (a.1) in the case of the written statement required under clause 28.1 (b), for at least two years after the statement is made; (b) in the case of records relating to a permanent nutrient storage facility that was used to store NASM, for at least five years after NASM was last stored there; (c) in the case of records relating to a permanent nutrient storage facility that was used to store ASM, for at least two years after ASM was last stored there; (d) in the case of records described in subsection 110 (2), for a period of at least two years after the day the record is created. O. Reg. 338/09, s. 79; O. Reg. 204/19, s. 13.
Identification numbers
 114. (1) If it is necessary, for the purposes of this Regulation, to distinguish between two or more nutrient management strategies or NASM plans, a Director shall assign each of them a unique identification number and advise the person by or for whom the strategy or NASM plan was prepared of the identification number. O. Reg. 338/09, s. 79. (2) If a nutrient management strategy or NASM plan provides for the use of another nutrient management strategy or NASM plan, or for the use of a nutrient management plan, for the use or disposal of some or all of the nutrients dealt with by the first-named strategy or NASM plan, (a) the person by or for whom the first-named strategy or NASM plan was prepared shall, (i) keep a record of its identification number assigned under subsection (1), and (ii) give notice of the number to the person by or for whom the other strategy or NASM plan or the nutrient management plan was prepared; and (b) the person who receives the notice shall keep a record of the number. O. Reg. 338/09, s. 79. PART XII   Local Advisory Committees
PART XII LOCAL ADVISORY COMMITTEES
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Definitions
 115. In this Part, “committee” means a local advisory committee. O. Reg. 267/03, s. 115.
Establishment of committees
 116. (1) A council of a municipality may, by by-law, establish a committee to address nutrient management issues in the municipality. O. Reg. 267/03, s. 116 (1). (2) The council shall appoint the members of the committee who shall consist of not fewer than five persons. O. Reg. 267/03, s. 116 (2). (3) The members of the committee shall be residents of the municipality and the council shall ensure that they have knowledge of nutrient management practices. O. Reg. 267/03, s. 116 (3). (4) A majority of the members of the committee shall be persons who are farmers or who represent an agricultural operation located in the municipality. O. Reg. 267/03, s. 116 (4). (5) At least one member of the committee shall be a person who is not a farmer or a representative of an agricultural operation. O. Reg. 267/03, s. 116 (5). (6) At least one member of the committee shall be a member of the council or an employee of the municipality. O. Reg. 267/03, s. 116 (6).
Operation of committees
 117. (1) The council of the municipality that establishes a committee shall appoint a chair and one or more vice-chairs from among the members of the committee. O. Reg. 267/03, s. 117 (1). (2) The committee shall adopt rules of procedure to facilitate its activities. O. Reg. 511/05, s. 66. (3) The members of the committee shall follow the rules of procedure that apply to the activities of the committee. O. Reg. 267/03, s. 117 (3).
Mediation
 118. (1) A member of a committee may mediate disputes in connection with the following matters that involve the management of materials containing nutrients on lands if the council of the municipality that established the committee is satisfied that the member has knowledge of mediation practices: 1. Matters that a resident of the municipality reports to the municipality and that do not amount to a contravention of the Act, the Environmental Protection Act, the Ontario Water Resources Act or the Safe Drinking Water Act, 2002. 2. Matters that are reported to the Minister of Agriculture, Food and Rural Affairs or the Minister of the Environment and that either of those Ministers refers to the committee. O. Reg. 267/03, s. 118 (1); O. Reg. 511/05, s. 67. (2) The Minister of Agriculture, Food and Rural Affairs and the Minister of the Environment may delegate, to persons whom they authorize, their power under paragraph 2 of subsection (1) to refer matters to a committee. O. Reg. 267/03, s. 118 (2); O. Reg. 511/05, s. 67. (3) The Minister of Agriculture, Food and Rural Affairs, the Minister of the Environment and their authorized delegates may use their statutory discretion when referring matters to a committee. O. Reg. 267/03, s. 118 (3); O. Reg. 511/05, s. 67. (4) If a member of a committee who is assigned to mediate a matter in dispute under this section has, either on his or her own behalf or while acting for, by, with or through another, has a pecuniary interest in the matter, whether direct or indirect as described in section 2 of the Municipal Conflict of Interest Act, the member, (a) shall, before beginning to mediate the dispute, disclose to all parties the interest and the general nature of it; and (b) shall not proceed to mediate any question in respect of the matter unless all parties agree to having the mediation proceed. O. Reg. 267/03, s. 118 (4). (5) If a Director or a provincial officer advises a member of a committee who is mediating a matter in dispute under this section that the matter involves a contravention of the Act, the Environmental Protection Act, the Ontario Water Resources Act or the Safe Drinking Water Act, 2002, the member shall suspend the mediation until the alleged contraventions have been dealt with in accordance with the applicable legislation. O. Reg. 267/03, s. 118 (5). (6) Subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act and other applicable legislation, a member of a committee who conducts a mediation under this section shall do so on a confidential basis. O. Reg. 267/03, s. 118 (6). (7) A member of a committee who acts as a mediator of a dispute under this section shall not provide advice that might be regarded as legal advice to any of the parties to the dispute or their representatives. O. Reg. 267/03, s. 118 (7). (8) The outcome of a mediation of a dispute under this section does not relieve any of the parties to the dispute of the responsibility to comply with the requirements of any Act that governs the management of materials containing nutrients. O. Reg. 267/03, s. 118 (8).
Education
 119. A committee or its members may engage in activities designed to educate people about matters related to the management of materials containing nutrients and for that purpose may consult with representatives of the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment regarding the presentation and content of educational seminars. O. Reg. 267/03, s. 119; O. Reg. 511/05, s. 67.
Consultation
 120. (1) In carrying out its powers or duties, subject to subsection (2), a committee or its members may consult with representatives of the municipality that established the committee with respect to issues related to the management of materials containing nutrients, including site plan or building permit issues. O. Reg. 267/03, s. 120 (1). (2) A committee or its members shall not participate in any way in evaluating, approving or endorsing nutrient management strategies, plans or NASM plans. O. Reg. 267/03, s. 120 (2); O. Reg. 338/09, s. 80.
Off-farm anaerobic digestion material
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Off-farm anaerobic digestion materials, limited
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Off-farm anaerobic digestion materials, further limited
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Materials not acceptable for use in a regulated mixed anaerobic digestion facility
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Categories of non-agricultural source materials
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Regulated metal content of NASM
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Pathogen content of NASM
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