1.
 1. (1) In this Regulation, “adverse effect” means an adverse effect described in subsection 18 (3) of the Act; (“conséquence préjudiciable”) “agricultural source materials” or “ASM” means any of the following treated or untreated materials, other than compost that meets the requirements for Category AA, A or B compost in Part II of the Compost Standards or a commercial fertilizer, if they are capable of being applied to land as nutrients: 1. Manure, including associated bedding materials, whether or not located on an agricultural operation. 2. Runoff from farm animal yards, outdoor confinement areas and permanent nutrient storage facilities that contain only manure and associated bedding materials, whether or not located on an agricultural operation. 3. Washwaters from agricultural operations that have not been mixed with human body waste. 4. Organic materials produced by intermediate operations that process materials described in paragraph 1, 2 or 3. 5. Anaerobic digestion output, other than restricted anaerobic digestion output, if i. the anaerobic digestion materials were treated in a mixed anaerobic digestion facility, ii. at least 50 per cent, by volume, of the total amount of anaerobic digestion materials were on-farm anaerobic digestion materials, and iii. the anaerobic digestion materials did not contain sewage biosolids or human body waste. 6. Regulated compost as defined in subsection 1 (1) of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made under the Act; (“matières de source agricole”, “MSA”) “Agronomy Guide for Field Crops” means the Agronomy Guide for Field Crops, Publication 811, published by the Ministry of Agriculture, Food and Rural Affairs in 2009; (“guide agronomique des grandes cultures”) “anaerobic digestion” means the decomposition of organic matter by bacteria in an oxygen-limiting environment; (“digestion anaérobie”) “anaerobic digestion materials” means materials that are intended for treatment in a mixed anaerobic digestion facility, whether the materials are generated at the agricultural operation or received at the agricultural operation from an outside source; (“matières destinées à la digestion anaérobie”) “anaerobic digestion materials reception system” means any system or building used to receive off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, for treatment in a regulated mixed anaerobic digestion facility; (“système de réception de matières destinées à la digestion anaérobie”) “anaerobic digestion materials transfer system” means a system used to move any off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, from one component to another of a regulated mixed anaerobic digestion facility, but does not include a vehicle used to transport the materials; (“système de transfert de matières destinées à la digestion anaérobie”) “anaerobic digestion output” means any solid or liquid material that results from the treatment of anaerobic digestion materials in a mixed anaerobic digestion facility; (“matières issues de la digestion anaérobie”) “anaerobic digestion vessel” means a vessel that is a component of a regulated mixed anaerobic digestion facility where the treatment of anaerobic digestion materials through time and temperature occurs, but does not include any vessel used exclusively to heat materials before treatment pursuant to subsection 98.9 (2); (“cuve de digestion anaérobie”) “application”, in relation to the application of a material to land, does not include the direct deposit onto land of feces or urine by animals; (“épandage”) “approved design capacity”, in relation to a sewage treatment works, means design capacity as approved for the sewage treatment works pursuant to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act; (“capacité nominale approuvée”) “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”) “biogas upgrading system” means the biogas upgrader and any associated gas treatment equipment; (“système de valorisation de biogas”) “broker” means a person who, (a) receives prescribed materials from an operation, (b) does not generate a new nutrient product from the materials, and (c) 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; (“courtier”) “broking operation” means an operation by virtue of which a person is a broker; (“entreprise de courtage”) “Building Code” means Ontario Regulation 332/12 (“Building Code”) made under the Building Code Act, 1992; (“code du bâtiment”) “Category 1 non-agricultural source materials” or “Category 1 NASM” means non-agricultural source materials described in Table 1 of Schedule 4; (“matières de source non agricole de catégorie 1”, “MSNA de catégorie 1” ) “Category 2 non-agricultural source materials” or “Category 2 NASM” means non-agricultural source materials described in Table 2 of Schedule 4; (“matières de source non agricole de catégorie 2”, “MSNA de catégorie 2”) “Category 3 non-agricultural source materials” or “Category 3 NASM” means non-agricultural source materials described in Table 3 of Schedule 4; (“matières de source non agricole de catégorie 3”, “MSNA de catégorie 3”) “CM1”, when used in reference to NASM, means that its content of a regulated metal does not exceed the concentration set out in Column 2 or 3 of Table 1 of Schedule 5; (“TM1”) “CM2”, when used in reference to NASM, means that its content of a regulated metal exceeds that of CM1 NASM but does not exceed the concentration set out in Column 2 or 3 of Table 2 of Schedule 5; (“TM2”) “commercial, community or institutional use” means any commercial, community or institutional use, including without limitation the use of land for, (a) an office building, (b) a hotel, motel, hostel or similar type of accommodation, (c) an overnight camp or overnight campgrounds, (d) indoor recreational or sporting activities, (e) indoor gatherings for civic, religious or social purposes, (f) indoor performing arts activities, (g) a railway station, airport passenger terminal or other embarkation or debarkation point for travellers, (h) a day care centre, (i) educational purposes, including a school, college, university, private career college or 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 (i) of the definition of “commercial, community or institutional use” in subsection 1 (1) of the Regulation is amended by striking out “private career college” and substituting “career college”. (See: O. Reg. 367/23, s. 1) (j) a health care facility, or (k) a penitentiary, jail or other place of custody or detention; (“utilisation commerciale, communautaire ou institutionnelle”) “commercial fertilizer” means a fertilizer or supplement, as each of those terms is defined in the Fertilizers Act (Canada), that is regulated under that Act, subject to subsection (2.1); (“engrais commercial”) “compacted soil liner”, in relation to a permanent nutrient storage facility, means a liner composed of hydraulically secure soil that is compacted to 95 per cent of modified Proctor density at the optimum moisture content to meet a maximum saturated hydraulic conductivity of not more than 1 × 10 -9 metres per second; (“revêtement de sol compacté”) “Compost Standards” means the document published by the Ministry of the Environment entitled “Ontario Compost Quality Standards”, as amended from time to time, originally dated July 25, 2012 and available through the Ministry’s website on the Internet and through the Ministry’s Public Information Centre; (“Normes de qualité du compost”) “concrete” means Portland cement concrete; (“béton”) “contingency plan” means a proposal in a nutrient management strategy or plan for dealing with, (a) an excess of prescribed materials or nutrients, if the amount of prescribed materials or nutrients generated or received at a farm unit is greater than that otherwise provided for by the strategy or plan, (b) an excess of prescribed materials or nutrients, if the amount of prescribed materials or nutrients requiring storage prior to use exceeds or is anticipated to exceed the storage capacity available for prescribed materials or nutrients otherwise provided for by the strategy or plan, (c) unanticipated releases of prescribed materials or nutrients from storage or during transport or application, (d) inability to store, apply or otherwise use prescribed materials or nutrients as otherwise provided for by the strategy or plan, as a result of weather conditions or unavailability of equipment, or (e) any other contingency requiring the handling or storage of prescribed materials or nutrients in an emergency; (“plan d’urgence”) “control”, as a verb in relation to land, an agricultural operation or a non-agricultural operation, includes manage and operate; (“avoir le contrôle”) “CP1”, when used in reference to NASM, means that its content of a pathogen named in Column 1 of Table 1 or Table 2 of Schedule 6 does not exceed the level set out in Column 2 or 3 of Table 1 or Column 2 or 3 of Table 2; (“TP1”) “CP2”, when used in reference to NASM, means that, (a) its content of E. coli exceeds that of CP1 NASM but does not exceed the level set out in Column 2 or 3 of Table 3 of Schedule 6, or (b) its content of a pathogen other than E. coli named in Column 1 of Table 1 or Table 2 of Schedule 6 exceeds that of CP1 NASM, but its content of E. coli does not exceed that of CP2 NASM; (“TP2”) “crop residue” means the unharvested portion of a crop left on the surface of the soil of land after the harvest of a crop grown on the land; (“résidus de culture”) “Drainage Guide” means the Drainage Guide for Ontario, Publication 29, published by the Ministry of Agriculture, Food and Rural Affairs in 2007; (“Guide de drainage”) “dugout pond” means a pond, (a) that is constructed entirely within a farm unit, (b) that is not connected to surface water, (c) that is located more than 100 metres from the nearest surface water or well, and (d) to which access by livestock is entirely restricted or is limited so that livestock are only allowed to drink from the pond; (“mare-réservoir”) “dwelling” means a structure that is used as a residence, including a mobile home or a seasonal home, but not including a structure that is in a residential area; (“logement”) “earth” means inorganic components of the earth’s crust such as clay, silt, sand, gravel or any mixture of those components and may contain small amounts of organic materials; (“terre”) “engineered material” means synthetic material or natural material that has been reworked to create material that meets, (a) the standard set out in the definition of “hydraulically secure soil”, in the case of that soil, (b) the requirements specified in Part VIII, in the case of other material located immediately under a permanent nutrient storage facility; (“matière travaillée”) “environmental compliance approval” means an environmental compliance approval within the meaning of the Environmental Protection Act; (“autorisation environnementale”) “farm feed” means any materials that are listed in paragraph 3 and subparagraphs 7 iv, v, viii and ix of Schedule 1; (“produits servant d’aliments pour animaux”) “farm unit” means land consisting of, or designated as, a farm unit under section 5; (“unité agricole”) “feedstock system” means any of the following for receiving and handling off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, prior to the materials going into the anaerobic digestion vessel, whether used independently or in conjunction with each other to form a larger feedstock system: 1. An anaerobic digestion materials reception system. 2. A facility for the storage of the materials. 3. A pre-treatment system. 4. An anaerobic digestion materials transfer system; (“système de matières premières”) “flow path”, in relation to a facility, site, outdoor confinement area, temporary storage area or vegetated filter strip system, means a surface channel or depression that conducts liquids away from the facility, site, area or system; (“voie d’écoulement”) “generator” means a person who owns or controls an operation in the course of which prescribed materials are generated, and includes an intermediate generator; (“producteur”) “geomembrane liner” means a synthetic membrane with very low permeability used to control fluid migration in a nutrient storage facility; (“géomembrane”) “geosynthetic clay liner” means a liner that consists of high swelling sodium bentonite between two layers of geotextile fabric having a saturated hydraulic conductivity of 1 × 10-9
metres per second or less used to control fluid migration in a nutrient storage facility; (“revêtement d’argile géosynthétique”) “ground level”, in relation to a nutrient storage facility, means the lowest surface grade within a perimeter of two metres of the facility; (“niveau du sol”) “high-density permanent outdoor confinement area” means an outdoor confinement area, (a) to which the animals confined in the area have access for 4,800 hours of the year and where the number of animals confined in the area, at any time, is sufficient to generate nutrients at a rate of more than 120 nutrient units per hectare annually, or (b) an area that meets the following requirements: (i) the animals confined in the area have access to the area for less than 4,800 hours of the year, (ii) the area is an outdoor confinement area that contains a sufficient number of farm animals to generate 300 or more nutrient units annually, (iii) the number of nutrient units generated by the animals confined in the area in the year multiplied by the proportion of the year during which the animals are confined in the area is more than five nutrient units per hectare; (“zone de confinement extérieure permanente à haute densité”) “hydraulically secure soil” means natural soil that is consistent in nature and able to meet a maximum saturated hydraulic conductivity of 1 × 10-8 metres per second; (“sol sûr en termes de conductivité hydraulique”) “hydrologic soil group” means a hydrologic soil group determined in accordance with the Drainage Guide; (“groupe hydrologique de sols”) “incorporation” means the mixing of nutrients into the surface of soil by tillage with a minimum depth of soil disturbance of 10 centimetres; (“incorporation”) “injection”, in relation to the application of nutrients to land, means the placement of nutrients below the surface of the soil of the land; (“injection”) “intermediate generator” means a person who owns or controls an intermediate operation; (“producteur intermédiaire”) “intermediate operation” means an operation carried out with prescribed materials generated in the course of another operation, resulting in the production of prescribed materials that have different characteristics from those of the materials in the form in which they were generated, such as nutrient content, density or volume but does not include an operation that mixes only manure produced by farm animals or that mixes anaerobic digestion materials in a regulated mixed anaerobic digestion facility; (“exploitation intermédiaire”) “liner” includes a geomembrane liner, a geosynthetic clay liner and a compacted soil liner; (“revêtement”) “liquid”, in relation to prescribed materials or nutrients, means prescribed materials or nutrients that are not solid; (“liquide”) “liquid nutrient transfer system” means all pipes and surfaces that come into contact with liquid prescribed materials during the movement of those materials to a permanent nutrient storage facility but does not include the components of a permanent liquid nutrient storage facility or a vehicle that is used to transport liquid nutrients; (“système de transfert d’éléments nutritifs liquides”) “livestock” includes poultry and ratites; (“bétail”) “living crop” means a crop that has been planted and has emerged from the soil, and if it is dormant, that must be reasonably expected to resume growing under suitable conditions; (“culture vivante”) “low-density permanent outdoor confinement area” means an outdoor confinement area used for 4,800 hours or more in a calendar year where the number of animals confined in the area, at any time, is not sufficient to generate nutrients at a rate of more than 120 nutrient units per hectare annually; (“zone de confinement extérieure permanente à faible densité”) “manure”, unless otherwise specified, means manure produced by farm animals; (“fumier”) “maximum sustained slope” means the change in elevation from the top to the bottom of a slope divided by the length of the slope expressed as a percentage, where the slope has a minimum length of 10 metres and where the slope is towards surface water; (“pente soutenue maximale”) “mixed anaerobic digestion” means anaerobic digestion of both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials in the same facility; (“digestion anaérobie mixte”) “mixed anaerobic digestion facility” means an anaerobic digestion facility that treats both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out; (“digesteur anaérobie mixte”) “municipal well” means a well that serves as a raw water supply for a municipal drinking water system as defined in the Safe Drinking Water Act, 2002; (“puits municipal”) “NASM application area” means the part or parts of the land of a farm unit to which NASM is applied; (“zone d’épandage de MSNA”) “NASM Odour Guide” means, (a) the document of that name prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of this Regulation and dated July 25, 2012, and (b) Table 3 (NASM Odour Category Table) of the Nutrient Management Tables; (“Guide des odeurs MSNA”) “NASM plan” means a nutrient management plan for the management of NASM and other nutrients that may be applied to NASM application areas or stored in NASM storage facilities; (“plan MSNA”) “NASM plan area” means a NASM application area together with any associated NASM storage facility on the same farm unit; (“zone assujettie à un plan MSNA”) “NASM storage facility” means a permanent nutrient storage facility or temporary field nutrient storage site, (a) that is used to store NASM, and (b) that is not subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act. (“installation d’entreposage de MSNA”) “non-agricultural operation” means, (a) an intermediate or broking operation, or (b) any other operation, other than an agricultural operation, that involves the generation or management of prescribed materials or nutrients; (“exploitation non agricole”) “non-agricultural source materials” or “NASM” means any of the following materials, other than compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards or a commercial fertilizer, if the materials are intended to be applied to land as nutrients: 1. Pulp and paper biosolids. 2. Sewage biosolids. 3. Anaerobic digestion output, if less than 50 per cent, by volume, of the total amount of anaerobic digestion materials that were treated in the mixed anaerobic digestion facility were on-farm anaerobic digestion materials. 3.1 Restricted anaerobic digestion output. 4. Any other material, i. that is not from an agricultural source and that is capable of being applied to land as a nutrient, and ii. that is not an agricultural source material; (“matières de source non agricole”, “MSNA”) “non-farm herbivorous animal” means a mammal that is not a farm animal or a primate, and whose primary diet, in its natural state, is obtained by grazing or browsing on herbivorous materials such as grass, leaves, woody shoots, grains or seeds; (“herbivore non agricole”) “Nutrient Management Protocol” means, (a) the document of that name prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of this Regulation and dated November 10, 2021, and (b) Table 1 (Nutrient Unit Livestock Information Table) and Table 2 (Manure Databank) of the Nutrient Management Tables; (“Protocole de gestion des éléments nutritifs”) “Nutrient Management Tables” means the document of that name, as amended from time to time, prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of the NASM Odour Guide and the Nutrient Management Protocol; (“tableaux de gestion des éléments nutritifs”) “nutrient unit” means the amount of nutrients that give the fertilizer replacement value of the lower of 43 kilograms of nitrogen or 55 kilograms of phosphate as nutrient as established by reference to the Nutrient Management Protocol; (“unité nutritive”) “observation and shut-off station” means an observation station that is equipped with a valve attached to the gravity outflow pipe to allow the flow of liquid in a tile drain to be shut off; (“poste d’observation et d’arrêt”) “observation station” means a device that intercepts the flow of liquid in a tile drain and that is used to collect, observe and monitor the amount and condition of liquid in the tile drain; (“poste d’observation”) “OC1”, when used in reference to NASM, means that it has an odour detection threshold of less than 500 odour units per cubic metre as determined in accordance with the NASM Odour Guide; (“CO1”) “OC2”, when used in reference to NASM, means that it has an odour detection threshold of 500 or more but less than 1500 odour units per cubic metre as determined in accordance with the NASM Odour Guide; (“CO2”) “OC3”, when used in reference to NASM, means that it has an odour detection threshold of 1500 or more but less than 4500 odour units per cubic metre as determined in accordance with the NASM Odour Guide; (“CO3”) “off-farm anaerobic digestion materials” means anaerobic digestion materials that are not generated at an agricultural operation and that are received at an agricultural operation from an outside source; (“matières ne provenant pas d’une exploitation agricole”) “on-farm anaerobic digestion materials” means anaerobic digestion materials that are generated at an agricultural operation; (“matières provenant d’une exploitation agricole”) “operation” means an agricultural operation or a non-agricultural operation; (“exploitation”) “operation identifier” means a unique identifier that a Director assigns, for the purposes of a nutrient management strategy or plan, to an operation or a farm unit on which an agricultural operation is carried out; (“identificateur d’exploitation”) “organic soils” means soils containing more than 17 per cent organic carbon by weight, commonly known as peat, muck, bog or fen soils; (“sols organiques”) “outdoor confinement area” means an enclosure for livestock, deer, elk or game animals that has the following characteristics: 1. It has no roof, except as described in paragraph 3. 2. It is composed of fences, pens, corrals or similar structures. 3. It may contain a shelter to protect the animals from the wind or another shelter with a roof of an area of less than 20 square metres. 4. It has permanent or portable feeding or watering equipment. 5. The animals are fed or watered at the enclosure. 6. The animals may or may not have access to other buildings or structures for shelter, feeding or watering. 7. Grazing and foraging provides less than 50 per cent of dry matter intake; (“zone de confinement extérieure”) “permanent liquid NASM storage facility” means a NASM storage facility that is a permanent liquid nutrient storage facility; (“installation permanente d’entreposage de MSNA liquides”) “permanent liquid nutrient storage facility” means a permanent nutrient storage facility that is designed and constructed to contain liquid prescribed material; (“installation permanente d’entreposage d’éléments nutritifs liquides”) “permanent NASM storage facility” means a NASM storage facility that is a permanent nutrient storage facility; (“installation permanente d’entreposage de MSNA”) “permanent nutrient storage facility” means a facility for storing prescribed material, including a storage facility made of earth that is a permanent structure or part of a permanent structure, but does not include, (a) a permanent solid nutrient storage facility that has less than 14 days of storage capacity, (b) a permanent liquid nutrient storage facility that has less than 14 days of storage capacity and a maximum depth of liquid nutrient that is less than 100 millimetres, (c) nutrient application or irrigation systems used to deliver liquid fertilizer to crops, (d) a permanent nutrient storage facility used solely as part of a vegetated filter strip system, or (e) a regulated mixed anaerobic digestion facility; (“installation permanente d’entreposage d’éléments nutritifs”) “permanent outdoor confinement area” means an outdoor confinement area that is either a high-density permanent outdoor confinement area or a low-density permanent outdoor confinement area; (“zone de confinement extérieure permanente”) “permanent solid NASM storage facility” means a NASM storage facility that is a permanent solid nutrient storage facility; (“installation permanente d’entreposage de MSNA solides”) “permanent solid nutrient storage facility” means a permanent nutrient storage facility that is designed and constructed to contain solid prescribed material; (“installation permanente d’entreposage d’éléments nutritifs solides”) “prescribed material” means an agricultural source material or a non-agricultural source material; (“matière prescrite”) “pretilled” means land that is sufficiently disturbed by tillage to disrupt large cracks and pores that could conduct liquid materials into subsurface soil or tile drains; (“préalablement labouré”) “pre-treatment system” means a system used for separation, cleaning, chopping, mixing, thermal treatment and other size reduction and temperature treatments of off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables; (“système de prétraitement”) “professional engineer” means a person who holds a licence or a temporary licence under the Professional Engineers Act, but does not include a person who holds a limited licence issued under that Act; (“ingénieur”) “professional geoscientist” means a person who is a member in good standing of the Association of Professional Geoscientists of Ontario or who holds a valid certificate of authorization under the Professional Geoscientists Act, 2000, but does not include a limited member or a non-practising member of that Association; (“géoscientifique professionnel”) “pulp and paper biosolids” means solid or liquid material that results from the treatment of wastewater generated by a manufacturer of pulp, paper, recycled paper or paper products including corrugated cardboard; (“biosolides de papetières”) “regulated metal” means arsenic, cadmium, cobalt, chromium, copper, lead, mercury, molybdenum, nickel, selenium or zinc; (“métal réglementé”) “regulated mixed anaerobic digestion facility” means a mixed anaerobic digestion facility that is regulated under Part IX.1 that, (a) is not subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act, (b) is not subject to a renewable energy approval issued under the Environmental Protection Act in respect of an anaerobic digestion facility, (c) is operated for the purpose of managing materials containing nutrients in order to produce methane, and (d) is composed of an anaerobic digestion vessel and any of the following components: (i) any area of land used for the unloading of anaerobic digestion materials for introduction into a feedstock system, (ii) any gas combustion system for biogas generated by the facility where the system satisfies the conditions in subsection (1.1), (iii) any biogas upgrading system for biogas generated by the facility where the system satisfies the conditions in subsection (1.1), (iv) any solid and liquid separator used for separating anaerobic digestion output, (v) any gas storage, (vi) any system for heating anaerobic digestion materials or anaerobic digestion output, (vii) any gas pressure relief device, (viii) any secondary gas burning facility, (ix) any feedstock system, (x) any odour control system for managing odour emissions from the facility, and (xi) any other component that the professional engineer includes in their design specification for the facility in order to meet the requirements of this Regulation; (“digesteur anaérobie mixte 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”) “restricted anaerobic digestion output” means material described in subsection (1.2); (“matières issues de la digestion anaérobie limitée”) “Sampling and Analysis Protocol” means the document of that name prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment, Conservation and Parks for the purposes of this Regulation and dated July 1, 2021; (“Protocole d’échantillonnage et d’analyse”) “sewage biosolids” means the residue from a sewage treatment works following treatment of sewage and removal of effluent; (“biosolides d’égouts”) “site characterization” means a site characterization carried out in accordance with a study under Part VIII; (“caractérisation de site”) “soil test hole” means a hole that is dug or drilled into soil for the purpose of determining the characteristics of the soil in accordance with this Regulation; (“trou d’essai du sol”) “solid”, in relation to prescribed materials or nutrients, means having a dry matter content of 18 per cent or more or a slump of 150 millimetres or less using the Test Method for the Determination of Liquid Waste (slump test) set out in Schedule 9 to Regulation 347 made under the Environmental Protection Act; (“solide”) “source separated organics” means organic waste that has been separated from other waste under a program operated by or for a municipality; (“matières organiques séparées à la source”) “surface water” means surface water as defined in section 2; (“eau de surface”) “synthetic liner” means a geomembrane liner or a geosynthetic clay liner; (“revêtement synthétique”) “temporary field nutrient storage site” means a location that is not a permanent nutrient storage facility and where solid prescribed materials are stored for more than 24 hours; (“site temporaire d’entreposage d’éléments nutritifs sur place”) “tillage” means the mechanical disturbance of soil so as to be turned, mixed or displaced from its undisturbed state; (“labourage”) “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 field 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”) “transfer date”, when used in reference to NASM, means, (a) the date of land application, if the NASM is generated in an intermediate operation on the same farm unit where it is applied, or (b) the date on which the NASM is removed from the place where it is generated, in all other cases; (“date de transfert”) “treatment system” means a treatment system that is capable of changing the characteristics of an input stream that contains nutrients; (“système de traitement”) “unsaturated” means a soil water content that is less than 100 per cent of the total pore space, or that is at a negative soil water pressure as determined according to the Nutrient Management Protocol for unsaturated soil conditions; (“non saturé”) “untreated septage” means one or more of the following materials that has not been treated to reduce pathogens: 1. Human body waste. 2. Toilet or other bathroom waste. 3. Material described in paragraph 1 or 2 that is mixed with other materials for a reason other than treatment; (“boues non traitées”) “vegetated buffer zone” means an area that, (a) has a width of at least three metres, adjacent to the top of the bank of surface water, measured away from the top of the bank of the surface water nearest the buffer zone, and (b) is maintained under continuous vegetated cover, including perennial grasses, forbs or trees and perennial forage crops that can be harvested as hay or silage; (“zone tampon de végétation”) “vegetated filter strip” means a densely vegetated strip of land engineered and constructed to intercept and treat runoff by settling, filtration, dilution, adsorption of pollutants and infiltration into the soil; (“bande de végétation filtrante”) “vegetated filter strip system” means a complete system that is engineered for treating runoff and includes all of the following: 1. A component that collects and stores the runoff and allows solids in the runoff to settle. 2. A component that screens the runoff to remove coarse material. 3. A component that transfers the runoff to the vegetated filter strip, which may include a pump if necessary. 4. A distribution pipe, or an equivalent mechanism, that distributes runoff uniformly across the vegetated filter strip. 5. A
vegetated filter strip; (“système de bande de végétation filtrante”) “water table”, in relation to land, means the highest level of water found in the ground, as recorded in the water well records for the nearest water wells to the land or as determined by a test hole dug at the time of or before the placing of materials containing nutrients at a temporary field nutrient storage site located on the land; (“nappe phréatique”) “well” includes a gas well, oil well, unused well, test well and water well. (“puits”) O. Reg. 267/03, s. 1 (1); O. Reg. 447/03, s. 1 (1-23); O. Reg. 169/04, s. 1; O. Reg. 511/05, s. 1; O. Reg. 394/07, s. 1; O. Reg. 338/09, s. 1; O. Reg. 266/11, s. 1; O. Reg. 284/12, s. 1 (1-14), s. 7; O. Reg. 284/13, s. 1; O. Reg. 204/19, s. 1 (1-4); O. Reg. 508/21, s. 1 (1-6); O. Reg. 848/21, s. 1. (1.1) The processing of biogas in a biogas upgrading system or the combustion of biogas in a gas combustion system is prescribed as an agricultural activity conducted on agricultural land for the purpose of the definition of “agricultural operation” in section 2 of the Act where the following conditions are met: 1. The biogas upgrading system or gas combustion system is located on agricultural land and is part of a regulated mixed anaerobic digestion facility. 2. The biogas upgrading system or gas combustion system is located on the same land acquired under a single transfer as defined in the Land Registration Reform Act as the other components of the regulated mixed anaerobic digestion facility of which it is a part, or on an adjacent piece of land acquired under a single transfer as defined in the Land Registration Reform Act, as long as the upgrading system or combustion system is located within one kilometre of every anaerobic digestion vessel which generates the biogas that is fed into the upgrading system or combustion system. 3. Every regulated mixed anaerobic digestion facility which provides biogas for processing in the biogas upgrading system or for combustion in a gas combustion system must be owned or controlled by the same person. 4. The biogas upgrading system and the gas combustion system must be used for biogas generated exclusively by a facility described in paragraph 3. O. Reg. 508/21, s. 1 (7). (1.2) For the purposes of the definition of “restricted anaerobic digestion output” in subsection (1), restricted anaerobic digestion output material is anaerobic digestion output resulting from the treatment of materials on an agricultural operation that treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility on a farm unit that receives, in the preceding 12-month period, more than 10,000 cubic metres of off-farm anaerobic digestion materials or any materials listed in Schedule 2B, where the output resulted from the treatment of any of the following: 1. Off-farm anaerobic digestion materials received in contravention of paragraph 1, 1.1, 1.3, 1.4 or 1.6 of subsection 98.4 (1) or section 98.5 (1). 2. Anaerobic digestion materials that contain sewage biosolids or human body waste. 3. Anaerobic digestion materials that do not meet the requirements of paragraph 3 of subsection 98.8 (1), subsection 98.8 (2), paragraphs 2 to 6 of subsection 98.9 (1) or subsection 98.9 (2), (2.1), (2.2), (3) or (4). O. Reg. 508/21, s. 1 (7). (2) In the Act, “generator” means generator as defined in subsection (1); (“producteur”) “pulp and paper sludge” means pulp and paper biosolids as defined in subsection (1). (“boues de pulpe et de papier”)  O. Reg. 267/03, s. 1 (2); O. Reg. 447/03, s. 1 (24). (2.1) For the purposes of the definition of “commercial fertilizer” in subsection (1), a commercial fertilizer does not include a fertilizer or supplement that is exempt from the Fertilizers Act (Canada) and the Fertilizers Regulations (Canada) made under that Act under section 3 of those regulations. O. Reg. 204/19, s. 1 (5). (3) In this Regulation, (a) a reference to a nutrient includes a reference to material that contains the nutrient; (b)  Revoked: O. Reg. 204/19, s. 1 (6). O. Reg. 267/03, s.1; O. Reg. 204/19, s. 1 (6). (4) This Regulation applies to nutrient management strategies prepared in accordance with the regulations, and not to other nutrient management strategies, and references in this Regulation to a nutrient management strategy shall be read as references to a nutrient management strategy prepared in accordance with the regulations, unless the context requires otherwise. O. Reg. 447/03, s. 1 (25).