jswizzle3737/ontario_laws_and_regs huggingface dataset:
PART I DEFINITIONS AND INTERPRETATION
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Definitions and General
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2.
 2. (1) In this Regulation, “surface water” means, subject to subsection (2), (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. O. Reg. 267/03, s. 2 (1); O. Reg. 447/03, s. 2 (1). (2) The following are not surface water for the purposes of this Regulation: 1. Grassed waterways. 2. Temporary channels for surface drainage, such as furrows or shallow channels that can be tilled and driven through. 3. Rock chutes and spillways. 4. Roadside ditches that do not contain a continuous or intermittent stream. 5. Temporarily ponded areas that are normally farmed. 5.5 Dugout ponds. 6. 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. O. Reg. 267/03, s. 2 (2); O. Reg. 447/03, s. 2 (2); O. Reg. 511/05, s. 2.
3.
 3. The application to land of agricultural source materials or non-agricultural source materials is a prescribed use for the purpose of the definition of “nutrient” in section 2 of the Act. O. Reg. 267/03, s. 3. 4. Revoked:  O. Reg. 338/09, s. 2. Farm Units, NASM Plan Areas, NASM Application Areas and NASM Storage Facilities
Farm Units, NASM Plan Areas, NASM Application Areas and NASM Storage Facilities
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5.
 5. (1) An area of land used for an agricultural operation, part of an agricultural operation or more than one agricultural operation constitutes a single farm unit for the purposes of this Regulation only if the following rules apply: 1. It must be reasonably necessary, for the avoidance of any adverse effect, for any prescribed materials generated on the land, or any nutrients applied on the land, to be managed by reference to a single nutrient management strategy or plan. 2. If prescribed materials are generated in the course of an agricultural operation carried out on the land, the land of the farm unit must include all land that the current owner of the land on which the materials are generated acquired under a single transfer as defined in the Land Registration Reform Act and on which the materials are managed. 3. Despite paragraph 2, the land of the farm unit does not include land to which prescribed materials generated in the course of an agricultural operation are transferred if the nutrient management strategy or plan for the operation provides for the materials to be transferred and if the transfer is done in accordance with this Regulation, i. under a broker agreement, ii. under a nutrient transfer agreement, iii. to another agricultural operation for application to land, or iv. for use other than as a nutrient. 4. A part of a farm unit on which agricultural source material is generated may be located at any distance from a part of the farm unit where the material is applied to land. O. Reg. 267/03, s. 5 (1); O. Reg. 338/09, s. 4; O. Reg. 848/21, s. 2. (2) If a person owns or controls land in relation to which a nutrient management strategy or plan has been or is being prepared, a Director may, on application by the person or on the Director’s own initiative, by certificate given to the person, designate land described in the certificate as a farm unit for the purposes of the strategy or plan, regardless of whether the person owns or controls all or part of the designated land. O. Reg. 267/03, s. 5 (2). (3) A Director shall have regard to the rules described in subsection (1) in making a decision to designate land as a farm unit. O. Reg. 267/03, s. 5 (3).
5.1
 5.1 The following rules apply to NASM plan areas: 1. The person who owns or controls an agricultural operation to which section 15.2 applies has discretion, subject to paragraphs 2 to 5, to define NASM plan areas. 2. A separate NASM plan is required for each NASM plan area. 3. More than one NASM plan area may be included within the same farm unit. 4. All of a NASM plan area must be included within one farm unit. 5. No NASM application area shall be included within more than one NASM plan area. O. Reg. 338/09, s. 5.
5.2
 5.2 The following rules apply to NASM application areas: 1. A NASM application area has no minimum size. 2. More than one NASM application area may be included within the same NASM plan area. 3. All of a NASM application area must be included within one NASM plan area. 4. No land can be included within more than one NASM application area. O. Reg. 338/09, s. 5.
5.3
 5.3 The following rules apply to NASM storage facilities: 1. A NASM storage facility is not required to be contiguous to the NASM application area with which it is associated. 2. A NASM storage facility may be associated with more than one NASM application area, including application areas that are part of different NASM plan areas within the same farm unit. 3. A NASM plan area, i. may include one or more NASM storage facilities, and ii. is not required to include any NASM storage facility. 4. A permanent nutrient storage facility or temporary field nutrient storage site that is used to store NASM and is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act, i. is not a NASM storage facility for the purposes of this Regulation, and ii. is not part of a NASM plan area. O. Reg. 338/09, s. 5; O. Reg. 266/11, s. 2. Application of Regulation
Application of Regulation
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Application of Regulation
 6. (1) This Regulation, except for sections 52.6, 98.11, 98.12, 98.12.1, subsection 98.6.3 (3) and Part IX.2, does not apply to a farm unit if the number of farm animals on the farm unit is not sufficient to generate more than five nutrient units of manure annually. O. Reg. 508/21, s. 2. (2) For the purposes of subsection (1), the number of farm animals may be counted on a single day. O. Reg. 338/09, s. 6 (1). (3) Despite subsection (1), this Regulation applies to an agricultural operation carried out on a farm unit to which subsection 11 (4.1) applies, whatever the number of nutrient units that are generated by the farm unit. O. Reg. 338/09, s. 6 (2). (4) Despite subsection (1), this Regulation applies to an agricultural operation carried out on a NASM plan area in any calendar year in which NASM is applied to a NASM application area that is part of the NASM plan area or stored in an associated NASM storage facility, whatever the number of nutrient units that are generated by the relevant farm unit. O. Reg. 338/09, s. 6 (2). (5) Despite subsection (1), if the person who owns or controls the land on which an agricultural operation is carried out submits an application for a building permit under the Building Code Act, 1992 with respect to any building or structure that is used to house farm animals or to store manure, that is located or to be located on the land and that would increase the capacity of the operation so that it could generate more than five nutrient units of manure annually, sections 10 and 27 apply to the operation on the day on which the person submits the application. O. Reg. 338/09, s. 6 (2). (6) Despite subsection (1), if the person who owns or controls the land on which an agricultural operation is carried out constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure, that is located or to be located on the land and that would increase the capacity of the operation so that it could generate more than five nutrient units of manure annually, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code, sections 10 and 27 apply to the operation on the day on which the person constructs the building or structure or causes it to be constructed. O. Reg. 338/09, s. 6 (2). Farm Animal Numbers
Farm Animal Numbers
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No restriction on farm animal numbers
 7. For the purposes of the Act and this Regulation, there shall be no restriction on the numbers of farm animals that may be managed in the course of an agricultural operation, unless imposed expressly or by implication by this Regulation or by an order made under section 29 or 30 of the Act. O. Reg. 267/03, s. 7. Conflict and Multiple Requirements
Conflict and Multiple Requirements
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Conflict with other instruments
 8. Subject to the Act, the requirements of this Regulation are in addition to and independent of the requirements in an approval, order or instrument issued under any other Act, other than a municipal by-law, and in the event of conflict, shall prevail. O. Reg. 267/03, s. 8.
Multiple requirements under Regulation
 8.1 (1) If the application of this Regulation results in more than one rate of application of specific nutrients to land, the lowest rate of application prevails. O. Reg. 338/09, s. 8. (2) If the application of this Regulation results in more than one setback distance with respect to the application of specific nutrients, the greatest setback distance prevails. O. Reg. 338/09, s. 8. Approvals under Part v of
Environmental Protection Act
Approvals under Part v of Environmental Protection Act
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Land application of certain materials
 8.2 Nothing in this Regulation authorizes the land application of the following materials, which may be applied to land only in accordance with an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act: 1. Untreated septage. 2. Non-agricultural source materials whose content of a regulated metal exceeds that of CM2 NASM. 3. Non-agricultural source materials whose content of E. coli exceeds that of CP2 NASM. 4. Non-agricultural source materials whose odour detection threshold exceeds that of OC3 NASM. O. Reg. 266/11, s. 3.
Exemption, Part V of Environmental Protection Act
 8.3 (1) A NASM plan area that satisfies the following requirements is exempt, in accordance with section 5.0.2 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act, from Part V of that Act and from that Regulation: 1. The NASM that is applied to the land or stored on it does not have, i. metal concentrations exceeding CM2, ii. pathogen levels exceeding CP2, or iii. an odour detection threshold exceeding OC3. 2. The NASM plan and the management of NASM on the NASM plan area comply with this Regulation. O. Reg. 338/09, s. 9; O. Reg. 284/13, s. 2. (2) The exemption described in subsection (1) does not apply to a storage site or facility used for the storage of NASM if, (a) the NASM is intended for use on a different farm unit; or (b) the storage site or facility is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act. O. Reg. 338/09, s. 9; O. Reg. 266/11, s. 4. Part II   Nutrient Management Strategies, Plans and Nasm Plans: General Nutrient Management Strategies
PART II NUTRIENT MANAGEMENT STRATEGIES, PLANS AND NASM PLANS: GENERAL
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Nutrient Management Strategies
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Application of strategies
 9. (1) A nutrient management strategy applies to an agricultural operation carried out on a farm unit. O. Reg. 338/09, s. 11. (2) A separate nutrient management strategy is required for each farm unit on which an agricultural operation to which a nutrient management strategy applies is carried out. O. Reg. 338/09, s. 11.
Compliance with strategy
 10. (1) A person who owns or controls an agricultural operation to which this section applies shall ensure that prescribed materials that are generated, prescribed materials that are received, and anaerobic digestion materials that are managed on a farm unit in the course of the operation are managed in accordance with a nutrient management strategy that is in force with respect to the operation and the farm unit. O. Reg. 508/21, s. 3. (2) No person shall manage prescribed materials that are generated, prescribed materials that are received and anaerobic digestion materials that are managed on a farm unit in the course of an agricultural operation to which this section applies except in accordance with a nutrient management strategy that is in force with respect to the operation and the farm unit. O. Reg. 508/21, s. 3. (3) This section does not apply to an agricultural fair at which farm animals are present for 25 days or less if all of the manure generated at the fair is disposed of under a broker agreement. O. Reg. 267/03, s. 10 (3).
Phasing-in, agricultural operations
 11. (1) Section 10 applies to an agricultural operation that generates agricultural source materials if the person who owns or controls the land, on which the operation is carried out and that the current owner acquired under a single transfer as defined in the Land Registration Reform Act, has not carried out the operation on the land at any time before September 30, 2003 and submits an application, on or after that date and before December 31, 2005, for a building permit under the Building Code Act, 1992
with respect to any building or structure that is used to house farm animals and that is located or to be located on the land. O. Reg. 267/03, s. 11 (1); O. Reg. 511/05, s. 4 (1). (2) Revoked:  O. Reg. 511/05, s. 4 (2). (3) Section 10 applies to an agricultural operation that generates agricultural source materials if the number of farm animals on a farm unit on which the operation is carried out is sufficient, at any time on or after July 1, 2005, to generate 300 or more nutrient units annually. O. Reg. 511/05, s. 4 (3). (4) Section 10 applies to an agricultural operation that generates agricultural source materials if, at any time on or after December 31, 2005, a person who owns or controls the land on which the operation is carried out, (a) submits an application for a building permit under the Building Code Act, 1992 in respect of any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land; (b) constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992, but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code made under that Act; or (c) constructs or causes to be constructed a permanent nutrient storage facility made of earth on the land. O. Reg. 511/05, s. 4 (3); O. Reg. 338/09, s. 13. (4.1) Section 10 applies to an agricultural operation carried out on a farm unit that receives off-farm anaerobic digestion materials for treatment through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility. O. Reg. 394/07, s. 3 (1). (5) Section 10 applies to an agricultural operation that generates agricultural source materials at the earliest time that subsections (1), (3), (4) and (4.1) determine that the section is to apply and continues to apply to the operation during each year in which the operation generates agricultural source materials. O. Reg. 511/05, s. 4 (3); O. Reg. 394/07, s. 3 (2).
Construction of buildings or structures
 11.1 (1) If this Regulation requires a person who owns or controls an agricultural operation to have a nutrient management strategy for carrying out the operation, no person shall construct a building or structure on a farm unit on which the operation is carried out, where the building or structure is used to house farm animals or store nutrients, unless, (a) the nutrient management strategy applicable to the operation carried out on the farm unit contemplates the construction of the building or structure; and (b) the nutrient management strategy has been approved in accordance with this Regulation. O. Reg. 394/07, s. 4. (2) No person shall construct a regulated mixed anaerobic digestion facility on a farm unit on which an agricultural operation is carried out unless the nutrient management strategy applicable to the operation carried out on the farm unit contemplates the construction of the facility and has been approved in accordance with this Regulation. O. Reg. 394/07, s. 4. 12. Revoked:  O. Reg. 338/09, s. 14 (2). Nutrient Management Plans
Nutrient Management Plans
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Application of plans
 13. (1) A nutrient management plan applies to an agricultural operation carried out on a farm unit. O. Reg. 267/03, s. 13 (1). (2) A separate nutrient management plan is required for each farm unit on which an agricultural operation to which a nutrient management plan applies is carried out. O. Reg. 267/03, s. 13 (2).
Compliance with plan
 14. (1) A person who owns or controls an agricultural operation to which this section applies shall ensure that any nutrients that are applied to the land of a farm unit in the course of the operation are managed in accordance with a nutrient management plan that is in force with respect to the operation and the farm unit. O. Reg. 338/09, s. 15. (2) No person shall manage nutrients that are stored on or applied to the land of a farm unit in the course of an agricultural operation to which this section applies except in accordance with a nutrient management plan that is in force with respect to the operation and the farm unit. O. Reg. 338/09, s. 15.
Phasing-in
 15. (1) Subject to subsection (2), section 14 applies to an agricultural operation that is carried out on a farm unit as soon as the person who owns or controls it is required to have a nutrient management strategy for carrying out the operation on the farm unit. O. Reg. 267/03, s. 15; O. Reg. 511/05, s. 5 (1). (2) Subject to subsection (3), if on the day subsection (1) requires the person who owns or controls an agricultural operation in the course of which nutrients are applied to the land of a farm unit to ensure that the nutrients are managed in accordance with a nutrient management plan, the number of farm animals on the farm unit is not sufficient to generate 300 or more nutrient units annually, section 14 does not apply to the operation until the day on which the number of farm animals on the farm unit is increased to a level that is sufficient to generate 300 or more nutrient units annually. O. Reg. 338/09, s. 16 (2). (3) Subsection (2) does not apply to an agricultural operation that generates agricultural source materials if any portion of the land of the farm unit used for the operation lies within 100 metres of a municipal well. O. Reg. 511/05, s. 5 (2). (4) Unless there is already an existing nutrient management plan under this section, section 14 applies to an agricultural operation that treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility on a farm unit the day the regulated mixed anaerobic digestion facility receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in the preceding 12-month period, or any materials listed in Schedule 2B. O. Reg. 508/21, s. 4. (5) Revoked: O. Reg. 266/11, s. 5. NASM Plans
NASM Plans
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Application of NASM plans
 15.1 (1) A NASM plan applies to an agricultural operation carried out on a NASM plan area if Category 2 or Category 3 NASM is, (a) applied to a NASM application area that is part of the NASM plan area; or (b) stored in an associated NASM storage facility. O. Reg. 338/09, s. 17. (2) A separate NASM plan is required for each NASM plan area within which Category 2 or Category 3 NASM is applied to land or stored. O. Reg. 338/09, s. 17.
Compliance with NASM plan
 15.2 (1) A person who owns or controls an agricultural operation to which this section applies shall ensure that any Category 2 or Category 3 NASM that is applied to the land of a NASM application area in the course of the operation is managed in accordance with a NASM plan that is in force with respect to the operation and the NASM plan area. O. Reg. 338/09, s. 17. (2) No person shall manage nutrients that are stored on or applied to the land of a NASM plan area in the course of an agricultural operation to which this section applies except in accordance with a NASM plan that is in force with respect to the operation and the NASM plan area. O. Reg. 338/09, s. 17.
Phasing-in
 15.3 (1) Subject to subsections (2), (3) and (4), section 15.2 applies to an agricultural operation in the course of which Category 2 or Category 3 NASM is stored on or applied to the land of a NASM plan area on and after January 1, 2011. O. Reg. 338/09, s. 17. (2) If, on January 1, 2011, a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act authorizing the application of the NASM to the land has been issued, has not been suspended or revoked and has not expired, ceased to be in force or otherwise ceased to authorize the application of the NASM to the land, section 15.2 does not apply to the agricultural operation until the earlier of the following: 1. The day the certificate is suspended or revoked or expires, ceases to be in force or otherwise ceases to authorize the application of the NASM to the land. 2. January 1, 2016. O. Reg. 338/09, s. 17. (3) If, on January 1, 2011, a nutrient management plan that provides for the application of the NASM to the land has been approved under section 28 and the approval has not been suspended or revoked and has not ceased to be in force, section 15.2 does not apply to the agricultural operation until the day on which, (a) the nutrient management plan is suspended or revoked or ceases to be in force; (b) the person who owns or controls the agricultural operation, (i) applies NASM to a part of the land of the farm unit that is not identified in the plan as land to which NASM will be applied, (ii) applies NASM, other than the specific NASM provided for in the plan, to the land of the farm unit, or (iii) stores NASM on the land of the farm unit in a NASM storage facility that is not identified as such in the plan; or (c) there is a change of ownership or control of the agricultural operation. O. Reg. 338/09, s. 17. (4) After December 31 of the last year set out in a NASM plan, section 15.2 does not apply to the agricultural operation carried out on the NASM plan area unless Category 2 or Category 3 NASM is stored on or applied to the land of the NASM plan area on or after January 1 of the next year. O. Reg. 338/09, s. 17. Part III   Nutrient Management Strategies, Plans and NASM Plans: Preparation Precondition
PART III NUTRIENT MANAGEMENT STRATEGIES, PLANS AND NASM PLANS: PREPARATION
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Precondition
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Requirement for other agreements
 16. (1) A person who is required to have a nutrient management strategy, plan or NASM plan that mentions a transfer agreement that a person is required to enter into under subsection 20 (1) or an agreement that a broker is required to enter into under subsection 36 (1) or 37 (1) shall, (a) enter into those agreements that are applicable to the person or the person’s agricultural operation; and (b) ensure that the agreements mentioned in clause (a) are in force at the time the strategy, plan or NASM plan comes into force. O. Reg. 338/09, s. 19. (2) For greater certainty, an agreement mentioned in clause (1) (a) may be amended, or terminated and replaced by another agreement. O. Reg. 338/09, s. 19. Nutrient Management Strategies
Management of nutrients for non-nutrient purposes
 19. A nutrient management strategy may provide for some or all of the prescribed materials that are dealt with by the strategy to be managed for non-nutrient purposes. O. Reg. 267/03, s. 19.
Transfer of prescribed materials outside operation
 20. (1) If this Regulation requires a person who owns or controls an agricultural operation to have a nutrient management strategy that requires the person to transfer prescribed materials generated in the course of the operation to another operation for which this Regulation requires a nutrient management plan or a NASM plan, the person who owns or controls the operation from which the materials are to be transferred shall enter into an agreement with respect to the transfer with the person who owns or controls the operation to which the materials are to be transferred. O. Reg. 338/09, s. 21 (1). (2) Revoked:  O. Reg. 447/03, s. 9 (1). (3) The transfer agreement must identify the person who owns or controls the operation from which the materials are to be transferred, the person who owns or controls the operation to which the materials are to be transferred, the type and quantity of the materials to be transferred and the proposed date of transfer. O. Reg. 511/05, s. 9. (3.1) If this Regulation requires a person who owns or controls an operation to have a nutrient management strategy for carrying out the operation, the nutrient management strategy may provide for the transfer of prescribed materials to another agricultural operation. O. Reg. 447/03, s. 9 (2). (3.2) If this Regulation requires a person who owns or controls the agricultural operation receiving the prescribed materials mentioned in subsection (3.1) to have a nutrient management plan or a NASM plan for carrying out the operation, the plan or NASM plan must provide for the management of the transferred materials at the operation. O. Reg. 338/09, s. 21 (2). (4) If a nutrient management strategy provides for prescribed materials generated in the course of an agricultural operation to be transferred elsewhere for management in the course of another operation, the location to which the materials are transferred may be anywhere without regard to the distance from the location of the operation, in the course of which the materials are generated. O. Reg. 267/03, s. 20 (4); O. Reg. 284/13, s. 3. 21. Revoked:  O. Reg. 338/09, s. 22.
Activities requiring amendment
 22.1 (1) This section applies if a nutrient management strategy that is in force for an agricultural operation contemplates mixed anaerobic digestion in a regulated mixed anaerobic digestion facility in which at least 75 per cent, by volume, of the total amount of anaerobic digestion materials treated are on-farm anaerobic digestion materials. O. Reg. 284/13, s. 4. (1.1) This section does not apply where section 22 applies. O. Reg. 508/21, s. 7. (2) No person shall treat anaerobic digestion materials in the facility if less than 75 per cent, by volume, of the total amount are on-farm anaerobic digestion materials, unless, (a) an amendment to the strategy is prepared to reflect the decrease in the percentage of on-farm materials treated; and (b) the amendment is submitted to a Director for approval and approved by the Director. O. Reg. 284/13, s. 4. (3) Section 17 applies in respect of the amendment, with necessary modifications and with the additional modifications set out in subsections (4), (5) and (6). O. Reg. 284/13, s. 4. (4) Despite clause 17 (1) (b.1), (a) the amendment is not required to contain a contingency plan; (b) an update to the existing contingency plan, accounting for the changes to the agricultural operation that would result from the change in the percentage of on-farm materials, must be prepared before the amendment is submitted for approval; and (c) the update to the contingency plan comes into effect if and when the amendment is approved. O. Reg. 284/13, s. 4. (5) Despite subclause 17 (1) (b.2) (ii), the declaration must state, (a) that the proposed amendment is complete; (b) that it provides an accurate description of the proposed change in the percentage of on-farm materials; (c) that it provides an accurate description of the changes to be made to the facility as a result of the proposed change in the percentage of on-farm materials; and (d) that the amendment has been prepared in accordance with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol. O. Reg. 284/13, s. 4. (6) Despite subsection 17 (2), the amendment must account for the maximum total quantity of prescribed materials that the person who owns or controls the operation reasonably believes will be generated and received in a single year by the operation. O. Reg. 204/19, s. 6. (7) Section 28 applies in respect of the amendment, with necessary modifications. O. Reg. 284/13, s. 4. Nutrient Management Plans
Purposes
 23. A nutrient management plan must give effect to the following purposes in accordance with the Nutrient Management Protocol: 1. The optimization of the relationship between the land-based application of nutrients, farm management techniques and crop requirements. 2. Land use which maximizes the efficiency of on-site nutrient use. 3. The minimization of adverse environmental impact. O. Reg. 267/03, s. 23; O. Reg. 284/12, s. 7 (2).
Preparation and contents
 24. (1) A nutrient management plan for an agricultural operation, (a) must be prepared by a person qualified to do so under Part X; (b) must comply with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol; (b.1) must include a contingency plan; (b.2) must include a declaration prepared in a form and manner specified by a Director that, (i) identifies the farm unit on which the operation to which the plan applies is carried out, and (ii) states that the plan is complete, that it includes an accurate description of the operation and that it has been completed in accordance with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol; and (c) must be signed by, (i) the owner of the operation or an authorized agent of the owner, and (ii) the person who prepared the plan, who is also referred to in clause (a). O. Reg. 267/03, s. 24 (1); O. Reg. 447/03, s. 11; O. Reg. 511/05, s. 12; O. Reg. 338/09, s. 24 (1, 2); O. Reg. 284/12, s. 7 (2). (2) A nutrient management plan for an agricultural operation must account for the total quantity of nutrients that it is reasonable to expect will be applied to land in the course of the operation during each year for which the plan is prepared. O. Reg. 267/03, s. 24 (2). (3) A nutrient management plan may deal with land in separate parts, including sections of fields. O. Reg. 338/09, s. 24 (3). (4) On application by the person responsible for preparing a nutrient management plan, a Director shall assign an operation identifier to the operation to which the plan applies, unless an operation identifier has already been assigned to the operation. O. Reg. 267/03, s. 24 (4); O. Reg. 338/09, s. 24 (4). 25. Revoked: O. Reg. 204/19, s. 7.
Cessation of plans
 26. (1) Subject to subsection (2), a nutrient management plan ceases to be in force for an agricultural operation carried out on a farm unit on the fifth anniversary of, (a) the day on which the plan was approved under this Regulation, if the plan was required to be so approved; or (b) the day on which the plan was prepared, if the plan was not required to be approved under this Regulation. O. Reg. 511/05, s. 14. (2) A nutrient management plan that does not provide for receiving non-agricultural source materials in the course of carrying out an agricultural operation on a farm unit ceases to be in force on the day on which non-agricultural source material is received in the course of carrying out the operation. O. Reg. 511/05, s. 14. NASM Plans
Purposes
 26.1 A NASM plan must give effect to the following purposes in accordance with the Nutrient Management Protocol: 1. The optimization of the relationship between the land-based application of nutrients, farm management techniques and crop requirements. 2. The minimization of adverse environmental impact. O. Reg. 338/09, s. 25; O. Reg. 284/12, s. 7 (2).
Preparation and contents
 26.2 (1) A NASM plan for a NASM plan area, (a) must be prepared by a person qualified to do so under Part X; (b) must comply with this Regulation, the Nutrient Management Protocol, the NASM Odour Guide and the Sampling and Analysis Protocol; (c) must include a contingency plan; (d) must include a declaration prepared in a form and manner specified by a Director that, (i) identifies the farm unit, the NASM plan area, the NASM application area and any associated NASM storage facility, (ii) identifies any area of land within the farm unit where NASM that will be applied to the NASM application area is to be stored in accordance with an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the
Environmental Protection Act, (iii) identifies the NASM that is to be applied, and (iv) states that the plan is complete, that it includes an accurate description of the agricultural operation, and that it has been completed in accordance with this Regulation, the Nutrient Management Protocol, the NASM Odour Guide and the Sampling and Analysis Protocol; and (e) must be signed by, (i) the owner of the operation or the owner’s authorized agent, (ii) the owner of the land where the NASM plan area is located, or the owner’s authorized agent, and (iii) the person who prepared the NASM plan, who is also referred to in clause (a). O. Reg. 338/09, s. 25; O. Reg. 266/11, s. 6; O. Reg. 284/12, s. 7. (2) A NASM plan must account for the total quantity of nutrients that it is reasonable to expect will be applied to the NASM application area in the course of the agricultural operation during each year for which the plan is prepared. O. Reg. 338/09, s. 25. (3) A NASM plan may deal with land in separate parts, including sections of fields. O. Reg. 338/09, s. 25. (4) A NASM plan may be prepared for one year or more, up to a maximum of five years, and must identify the year or years for which it is prepared. O. Reg. 338/09, s. 25. (5) On application by the person responsible for preparing a NASM plan, a Director shall assign an operation identifier to the agricultural operation to which the plan applies, unless an operation identifier has already been assigned to the operation. O. Reg. 338/09, s. 25.
Cessation of NASM plans
 26.3 (1) Subject to subsection (2), a NASM plan ceases to be in force for an agricultural operation carried out on a NASM plan area on December 31 of the last year set out in the plan. O. Reg. 338/09, s. 26. (2) If there is a change of ownership or control of the agricultural operation, the plan ceases to be in force on the day the change takes place. O. Reg. 338/09, s. 26.
PART IV NUTRIENT MANAGEMENT STRATEGIES, PLANS AND NASM PLANS: APPROVAL, REGISTRATION AND NOTICE
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Approval
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Requirement for approval
 27. (1) A nutrient management strategy for an agricultural operation requires the approval of a Director if, (a) a person who owns or controls the land on which the operation is carried out submits an application for a building permit under the Building Code Act, 1992 in respect of any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land; (b) a person who owns or controls the land on which the operation is carried out constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992, but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code; (c) a person who owns or controls the land on which the operation is carried out constructs or causes to be constructed on the land a permanent nutrient storage facility that is made of earth and is intended to store manure; (d) the person who owns or controls the land on which the operation is carried out treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility; or (e) any portion of the land of the farm unit used for the operation lies within 100 metres of a municipal well. O. Reg. 338/09, s. 28 (1); O. Reg. 204/19, s. 9 (1). (2) Revoked: O. Reg. 204/19, s. 9 (2). (3) A nutrient management plan does not require the approval of a Director. O. Reg. 338/09, s. 28 (2). (4) A NASM plan requires the approval of a Director if, (a) the plan provides for, (i) the application of Category 3 NASM, or Category 2 NASM that is CM2, or (ii) storage of Category 2 or Category 3 NASM in a NASM storage facility; or (b) a Director gives a notice in accordance with section 27.1. O. Reg. 338/09, s. 28 (2).
Notice requiring NASM plan, etc.
 27.1 (1) If a Director has reasonable grounds to believe that the management of NASM in the course of an agricultural operation may cause an adverse effect or is not in accordance with the standards established in this Regulation for OC1, OC2 and OC3 NASM, he or she may give a person who owns or controls the operation written notice requiring the person, (a) to prepare a NASM plan, if this Regulation does not already require a NASM plan for the operation, and submit it to the Director for approval under section 28; or (b) to submit the operation’s NASM plan to the Director for approval under section 28, if this Regulation already requires a NASM plan for the operation but does not require the approval of a Director. O. Reg. 338/09, s. 29. (2) A person who receives a notice under subsection (1) shall not apply NASM to the land of the farm unit until a NASM plan has been prepared and approved. O. Reg. 338/09, s. 29. (3) A notice under subsection (1) shall contain a statement of the prohibition in subsection (2). O. Reg. 338/09, s. 29. (4) Before giving a notice under subsection (1), the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 15 days after the draft is given. O. Reg. 338/09, s. 29. (5) When the Director has given a notice under subsection (1), (a) section 15.2 applies to the agricultural operation; (b) section 52.10 applies with respect to the application of NASM to the land of the farm unit; and (c) sections 93, 94, 95, 98.0.1 and 98.0.7 apply with respect to any Category 1 or Category 2 NASM that is used in the course of the agricultural operation, as if it were Category 3 NASM described in section 98.0.1. O. Reg. 338/09, s. 29. (6) Subsection (5) applies to the agricultural operation until the earliest of the following dates: 1. The date on which the person receives a notice from the Director confirming that the concerns that led to the notice under subsection (1) have been satisfactorily addressed. 2. December 31 of a year during which NASM was not applied to or stored on a NASM plan area on the farm unit. 3. January 1 of a given year if, during the preceding year, the person gives the Director written notice that NASM will not be applied to or stored on a NASM plan area on the farm unit during the given year. O. Reg. 338/09, s. 29.
Procedure for obtaining approval
 28. (1) A person who applies for the approval of a Director for a nutrient management strategy or NASM plan shall submit the strategy or NASM plan to him or her. O. Reg. 338/09, s. 30 (2). (2) The Director shall, as he or she considers necessary for the purposes of the Act or this Regulation, (a) approve the strategy or NASM plan, with or without the conditions described in subsection (4); (b) request the person to provide further relevant information; or (c) refuse to approve the strategy or NASM plan and request the person to revise it and resubmit it in accordance with the directions in the notice mentioned in subsection (3). O. Reg. 338/09, s. 30 (2). (3) Upon taking an action described in clause (2) (a) or (c), the Director shall deliver a notice to the person. O. Reg. 338/09, s. 30 (2). (4) The Director may impose conditions on any of the activities described in the strategy or NASM plan, or amend such conditions, as the Director considers necessary to prevent, decrease or eliminate an adverse effect or to prevent NASM from being managed in a way that is not in accordance with the standards established in this Regulation for OC1, OC2 and OC3 NASM. O. Reg. 338/09, s. 30 (2). (5) If a strategy or NASM plan contains a condition imposed by the Director under subsection (4) or section 31.1, the person who owns or controls the agricultural operation, (a) shall ensure that the condition is complied with; and (b) shall not, without the Director’s approval, make changes to the strategy or NASM plan that are inconsistent with compliance with the condition. O. Reg. 338/09, s. 30 (2). (6) Subsection (5) also applies, with necessary modifications, if a strategy or NASM plan contains a condition amended by the Director under subsection (4) or section 31.1. O. Reg. 338/09, s. 30 (2).
Review and update
 28.1 The person who owns or controls an agricultural operation shall, on or before February 15 in each year, (a) review and, if necessary, update any nutrient management strategy, plan or NASM plan that relates to the operation to ensure that it accurately reflects the operation on the farm unit or NASM plan area during the current year, including any anticipated changes to the operation during the current year; and (b) prepare a written statement that, (i) indicates that an annual review of the nutrient management strategy, plan or NASM plan was completed in compliance with this section, (ii) indicates whether the annual review identified any change in operations that requires an update to the nutrient management strategy, plan or NASM plan, as the case may be, and (iii) if an update to the nutrient management strategy, plan or NASM plan, as the case may be, was required as a result of the annual review, briefly describes the update and the date the document was updated. O. Reg. 204/19, s. 10.
Renewal after five years
 29. If a nutrient management plan is in force for an agricultural operation and if the operation is to continue being carried out after the plan ceases to be in force under subsection 26 (1), a person who owns or controls the operation shall have a new nutrient management plan prepared for the operation at least 90 days before the original plan ceases to be in force. O. Reg. 204/19, s. 11.
Amendment of approval
 31.1 (1) A Director may amend an approval to impose, amend or remove conditions at any time after the approval is issued, (a) on his or her own initiative, if the Director considers it necessary to do so for the purposes of the Act or this Regulation; or (b) with the consent of the person who owns or controls the operation or the farm unit on which the operation is carried out. O. Reg. 338/09, s. 35. (2) On amending an approval under subsection (1), the Director shall notify the person who owns or controls the operation or the farm unit on which the operation is carried out of the amendment. O. Reg. 338/09, s. 35. (3) If an approval is amended under subsection (1), the person who owns or controls the agricultural operation, (a) shall ensure that the amendment is complied with; and (b) shall not, without the Director’s further approval, make changes to the nutrient management strategy, plan or NASM plan that are inconsistent with compliance with the amendment. O. Reg. 338/09, s. 35.
Suspension of approval
 31.2 (1) A Director may suspend an approval issued under this Part for a nutrient management strategy or NASM plan for an operation if, (a) the Director is of the opinion that the continuing usage of the strategy or NASM plan will result in a health hazard or an adverse effect; and (b) one of the following conditions is met: (i) the Director has given the person who owns or controls the operation or the farm unit on which the operation is carried out reasonable notice of a deficiency associated with the strategy or NASM plan and the person has not corrected the deficiency, (ii) the conditions described in the strategy or NASM plan are not consistent with the conditions that exist on the operation or the farm unit on which the operation is carried out. O. Reg. 447/03, s. 14; O. Reg. 338/09, s. 36 (1-5). (2) A Director who suspends an approval for a nutrient management strategy or NASM plan for an operation shall notify the person who owns or controls the operation or the farm unit on which the operation is carried out of the suspension. O. Reg. 447/03, s. 14; O. Reg. 338/09, s. 36 (6). (3) A Director may reinstate an approval that has been suspended if the reason for suspending the approval no longer exists and there are no additional grounds for suspending the approval. O. Reg. 447/03, s. 14.
Revocation of approval
 31.3 (1) A Director may revoke an approval of a nutrient management strategy or NASM plan issued under this Part if, (a) the approval was issued on the basis of false information or information that was incomplete; (b) the approval was issued in error or to the wrong person; (c) the person who owns or controls the operation or the farm unit on which the operation is carried out has not complied with the approval; (d) the approval has been suspended; or (e) the person who owns or controls the operation or the farm unit on which the operation is carried out consents to the revocation. O. Reg. 447/03, s. 14; O. Reg. 338/09, s. 37 (1, 2). (2) A Director who revokes an approval for a nutrient management strategy or NASM plan for an operation shall notify the person who owns or controls the operation or the farm unit on which the operation is carried out of the revocation. O. Reg. 447/03, s. 14; O. Reg. 338/09, s. 37 (3). Registration
Registration of agricultural operations
 32. (1) If this Regulation requires a person who owns or controls an agricultural operation to ensure that there is in force a nutrient management strategy for the operation but does not require that it have the approval of a Director, the person shall register the operation by filing with a Director a description of the operation prepared in accordance with the Nutrient Management Protocol. O. Reg. 511/05, s. 20; O. Reg. 284/12, s. 7 (2). (2) An agricultural operation shall be deemed to be registered under subsection (1) if, (a) this Regulation requires the person who owns or controls the operation to ensure that a nutrient management strategy is in force for the operation but does not require that it have the approval of a Director; (b) before September 29, 2005, this Regulation required the person to ensure that a nutrient management strategy be in force for the operation and that it have the approval of a Director; and (c) a nutrient management strategy for the operation received the approval of a Director before the date mentioned in clause (b) and is still in force. O. Reg. 511/05, s. 20. (3) If this Regulation requires a person who owns or controls an agricultural operation to ensure that there is in force a NASM plan for a NASM plan area on which the operation is carried out, but does not require that it have the approval of a Director, the person shall register the operation by filing with a Director a description of the operation prepared in accordance with the Nutrient Management Protocol. O. Reg. 338/09, s. 38; O. Reg. 284/12, s. 7 (2). 33. Revoked:  O. Reg. 511/05, s. 20. 34. Revoked:  O. Reg. 447/03, s. 15. part v   brokers
PART V BROKERS
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Requirement for strategy or plan at source or destination
 35. A broker shall not accept agricultural source materials from an operation or transfer agricultural source materials to an operation if, (a) this Regulation requires the person who owns or controls the operation to ensure that a nutrient management strategy or plan is in force in relation to the management of the materials; and (b) no such nutrient management strategy or plan is in force. O. Reg. 338/09, s. 39.