Prescribed materials application business licence
 105. (1) No person shall engage in the business of applying prescribed materials to land described in subsection (2) unless, (a) in the case of an individual, (i) he or she holds a prescribed materials application business licence, or (ii) another individual is his or her authorized agent, holds a prescribed materials application business licence and complies with subsection (1.1); (b) in the case of a corporation, an individual is its authorized agent, holds a prescribed materials application business licence and complies with subsection (1.1). O. Reg. 284/13, s. 21 (1). (1.1) No person shall act as an authorized agent as described in subclause (1) (a) (ii) or clause (1) (b) unless he or she, (a) has ongoing and regular involvement in the operational aspects of the principal’s business of applying prescribed materials; and (b) has advised the Director, in writing, of the intention to act as the principal’s authorized agent. O. Reg. 284/13, s. 21 (1). (2) Subsection (1) applies in respect of the land of a farm unit, if this Regulation requires the person who owns or controls the agricultural operation to have a nutrient management plan or a NASM plan. O. Reg. 338/09, s. 76. (3) Subject to section 109.1, a Director shall issue a prescribed materials application business licence to an applicant who, (a) pays the fee, if any, established by the Minister; and (b) satisfies the conditions set out in, (i) subsection (4), in the case of a first-time applicant or an applicant who held a prescribed materials application licence that has been cancelled or has expired, or (ii) subsection (5), in the case of an applicant who holds a prescribed materials application licence that has not been suspended or cancelled and has not expired. O. Reg. 338/09, s. 76; O. Reg. 284/13, s. 21 (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 business of applying 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 business of applying 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 business of applying prescribed materials to land. O. Reg. 338/09, s. 76. (6) A prescribed materials application business licence expires on the fifth anniversary of the date on which it is issued. O. Reg. 338/09, s. 76. (7) An individual described in subclause (1) (a) (ii) or clause (1) (b) who ceases to be the principal’s authorized agent shall, within 15 days after the change, provide written notice of the change to the Director and to the principal. O. Reg. 284/13, s. 21 (3). (8) Despite the amendments made to this section by subsections 21 (1), (2) and (3) 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. 21 (4). (9) A person who is a corporation’s authorized agent on October 24, 2013 is not required to comply with clause (1.1) (a) until October 25, 2014. O. Reg. 284/13, s. 21 (4).