jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application
 1. (1) This Regulation applies in respect of, (a) the management of GNF by means of a sewage works at a greenhouse operation that is registered under this Regulation; (b) all subsequent management of GNF following its management by means described in clause (a); and (c) the management of test solution. (2) Despite clause (1) (a), sections 7, 12 and 18 apply in respect of a greenhouse operation that is not registered under this Regulation. (3) Despite clause (1) (b), this Regulation does not apply with respect to the management of GNF once it is placed in a vehicle used to transport it to a destination other than an agricultural operation. (4) Despite subsection (1), this Regulation, other than Part VIII, does not apply in respect of the management of a sample of GNF that is taken for the purpose of analysis at a laboratory.
Multiple requirements under Regulation
 2. (1) If the application of this Regulation results in more than one rate of land application of nutrients, the lowest rate of land application prevails. (2) If the application of this Regulation results in more than one setback with respect to the land application of nutrients, the greatest setback prevails.
Prescribed material
 4. For the purposes of the definition of “nutrient management strategy” in section 2 of the Act, GNF is a prescribed material.
Compliance with GNF strategy
 5. (1) A controller of a greenhouse operation in respect of which a GNF strategy is required shall ensure that GNF managed at the greenhouse operations that are required to be subject to that strategy is managed in accordance with the strategy. (2) If a GNF strategy is required in respect of a greenhouse operation, no person shall manage GNF at that operation except in accordance with the GNF strategy.
Compliance with GNF plan
 6. (1) A controller of an agricultural operation in respect of which a GNF plan is required shall ensure that GNF managed within the GNF plan area in respect of which the GNF plan is required is managed in accordance with the approved GNF plan. (2) No person shall manage GNF within a GNF plan area in respect of which a GNF plan is required except in accordance with the approved GNF plan. (3) In this section, a reference to the approved GNF plan includes any update made to the GNF plan that has been approved by the Director or is otherwise authorized by this Regulation.
Determination of farm unit
 7. The controllers of all agricultural operations who wish their operations to be subject to this Regulation or whose operations are subject to this Regulation shall determine the boundaries of the land that constitutes the farm unit or farm units on which their operations are located and have discretion to do so, subject to the following rules: 1. Subject to paragraph 2, an area of land used for an agricultural operation, part of an agricultural operation or more than one agricultural operation may constitute a single farm unit for the purposes of this Regulation only if the area is of sufficient size to manage the GNF that is generated on the land, stored on the land and applied to the land in such a way as to avoid an adverse effect within the meaning of subsection 18 (3) of the Act. 2. For a greenhouse operation to be included in a farm unit, the entire greenhouse operation must be located within the boundaries of the farm unit. 3. For a farm unit to include land on which GNF is generated or stored or to which GNF is applied, the farm unit must include all land acquired under a single transfer as defined in the Land Registration Reform Act by the current owner of the land on which the GNF is generated or stored or to which GNF is applied, as the case may be. 4. Despite paragraph 3, a farm unit does not include, i. any part of land used for an agricultural operation that is not subject to this Regulation, and ii. any part of land subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act or subsection 53 (1) of the Ontario Water Resources Act with respect to the storage and land application of materials. 5. A part of a farm unit on which GNF is generated may be located at any distance from the land to which GNF is applied within the farm unit.
Transportation, general rules
 8. (1) No person shall transport or permit the transport of GNF by pipeline to a destination other than an agricultural operation. (2) GNF may be transported to any agricultural operation without regard to distance. (3) The following rules apply in respect of the transportation of GNF, both within an agricultural operation and between agricultural operations, whether on the same farm unit or not: 1. No person shall transport or permit the transport of GNF except by way of one of the following: i. A vehicle that has a leakproof tank. ii. An above ground direct flow application system. iii. A permanent underground pipeline installation that is designed by a professional engineer and subjected to a general review by a professional engineer once installed and before use to ensure that it was installed according to the design. 2. No person other than one of the following shall transport GNF by vehicle: i. A controller or employee of, A. an agricultural operation located on the farm unit on which the GNF is generated, or B. an agricultural operation located on the farm unit on which the GNF is received. ii. An independent carrier who meets the applicable requirements set out in Part X. 3. A person engaging in the business of transporting GNF shall engage the services of an independent carrier who meets the applicable requirements set out in Part X to transport the GNF. (4) Subsection (3) does not apply in respect of the transportation of GNF by means of a GNF transfer system.
Transportation between agricultural operations
 9. (1) The following rules apply in respect of the transportation of GNF between agricultural operations, whether located on the same farm unit or not: 1. No person shall transport or permit the transportation of GNF by vehicle except for GNF that consists of only one of the following: i. GNF removed from one closed circulation system. ii. GNF removed from one permanent GNF storage facility, which may contain GNF removed from more than one closed circulation system. iii. GNF removed from one portable storage tank, which may only contain GNF removed from one closed circulation system or one permanent GNF storage facility described in subparagraph ii. 2. A controller of the agricultural operation providing the GNF shall prepare a document that sets out the following: i. The volume of GNF transported and the date that it is transported. ii. The registration number assigned by the Director under subsection 12 (6) to the farm unit of the greenhouse operation at which the GNF was generated. iii. The name of the controller of the operation providing the GNF and of the operation receiving the GNF. iv. The address of the operation receiving the GNF. 3. If an independent carrier is transporting the GNF, the independent carrier shall retain a copy of the document referred to in paragraph 2 in the vehicle during transportation of the GNF and shall provide a copy to a controller of the operation receiving the GNF. 4. If an independent carrier is not transporting the GNF, a controller of the operation providing the GNF shall ensure that, on or before the date of transportation, a copy of the document referred to in paragraph 2 is provided to a controller of the operation receiving the GNF. 5. A controller of the agricultural operation providing the GNF shall ensure that, on or before the date of transportation, if any results have been obtained under Part VIII in respect of the GNF, the most recent results are provided in writing to a controller of the operation receiving the GNF. (2) This section does not apply in respect of the transportation of GNF by means of a GNF transfer system.
Transportation between farm units
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Prohibition, mixing
 11. No person shall mix GNF with anything other than GNF or liquid agricultural source materials. Part III   REGISTRATION of Greenhouse operationS
PART III REGISTRATION OF GREENHOUSE OPERATIONS
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Registration
 12. (1) If a controller of a greenhouse operation intends for GNF generated at the greenhouse operation to be applied to land at an agricultural operation and wishes for the greenhouse operation to be subject to this Regulation, the controller shall register the greenhouse operation by preparing a registration in a form specified by the Director and submitting it to the Director. (2) Despite subsection (1), no person shall register a greenhouse operation that transports GNF by way of a pipeline to a destination other than an agricultural operation. (3) A registration in respect of a greenhouse operation shall include, (a) the sum, in respect of a calendar year, of, (i) the number of nutrient units in GNF reasonably expected to be generated on the farm unit of the operation, as determined by applying the GNF Management Table, and (ii) the number of nutrient units in externally generated GNF reasonably expected to be received on the farm unit of the operation; and (b) other information required by the GNF Management Protocol. (4) A registration takes effect on the day that it is received by the Director. (5) The following rules apply if two or more of the controllers of greenhouse operations on a single farm unit wish to have the greenhouse operations registered: 1. Only one registration may be made in respect of the greenhouse operations on the farm unit. 2. A controller of each greenhouse operation to be registered must sign the registration. O. Reg. 300/14, s.12 (5); O. Reg. 234/15, s. 3. (6) On receipt of a registration in respect of one or more greenhouse operations on a farm unit, the Director shall assign a unique registration number to the farm unit.
Reporting, updating following registration
 13. (1) Following the registration of a greenhouse operation, a controller of the operation shall, no later than 60 days after the first occurrence of one of the events set out in Column 1 of Item 2 of the Table to section 60 in respect of the GNF generated at the greenhouse operation, submit to the Director the determinations required to be made under that section in respect of the event. (2) No later than 60 days after all controllers of the greenhouse operations subject to the same registration have been required to submit determinations under subsection (1), the controllers shall submit to the Director the sum of the following in respect of a calendar year: 1. The number of nutrient units in GNF reasonably expected to be generated on the farm unit of the operations, as determined from the determinations required to be submitted under subsection (1). 2. The number of nutrient units in externally generated GNF reasonably expected to be received on the farm unit of the operations.
Cessation of registration
 14. (1) If one or more controllers of the greenhouse operations subject to the same registration wish to cease the registration in respect of their greenhouse operations, their registration ceases upon receipt by the Director of written notice of the cessation signed by each of those controllers. (2) If a registration ceases in respect of only some of the greenhouse operations, the controllers of the greenhouse operations that remain registered shall update the registration in accordance with section 16. O. Reg. 300/14, s.14 (2); O. Reg. 234/15, s. 4.
Renewal of registration
 15. For a registration to remain effective, the controllers of the greenhouse operations that are subject to the registration must renew the registration by preparing and submitting to the Director a registration renewal in a form specified by the Director and in accordance with the following rules: 1. The renewal shall be submitted during the calendar year in which the fifth anniversary of the registration occurs and in each subsequent fifth year. 2. The renewal shall include, i. the determinations required under Item 3 of the Table to section 60, ii. the sum, in respect of a calendar year, of, A. the number of nutrient units in GNF reasonably expected to be generated on the farm unit of the operations, as determined from the determinations mentioned in subparagraph i, and B. the number of nutrient units in externally generated GNF reasonably expected to be received on the farm unit of the operations, and iii. the information required by the GNF Management Protocol. 3. Only one renewal shall be submitted in respect of all greenhouse operations that are subject to the registration. 4. A controller of each of the greenhouse operations that is subject to the registration shall sign the renewal.
Updates to registration information
 16. If information relating to a registration, as specified in the GNF Management Protocol, becomes outdated, the controllers of the greenhouse operations subject to the registration shall, within 30 days after the specified information becomes outdated, submit to the Director updated information in accordance with the GNF Management Protocol.
Requirement to prepare GNF document, GNF record
 17. (1) If no GNF strategy is required in respect of greenhouse operations subject to a registration, the controllers of the greenhouse operations shall prepare a single GNF document and a single GNF record, both in accordance with and containing the information specified by the GNF Management Protocol. (2) The controllers shall prepare an initial GNF document no later than 60 days following registration and shall update the GNF document no later than February 15 in every calendar year following the first calendar year in which the registration takes effect. O. Reg. 300/14, s.17 (2); O. Reg. 234/15, s. 5 (1). (3) The controllers shall prepare a new GNF record no later than February 15 in every calendar year following the first calendar year in which the registration takes effect. O. Reg. 300/14, s.17 (3); O. Reg. 234/15, s. 5 (2). Part IV   GNF Strategies for Greenhouse operations
PART IV GNF STRATEGIES FOR GREENHOUSE OPERATIONS
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Requirement to prepare and submit GNF strategy
 18. (1) A controller of a greenhouse operation who wishes the operation to be subject to this Regulation or whose operation is subject to this Regulation shall ensure that, if the criteria set out in either of the following paragraphs is met in respect of the farm unit of the operation, a GNF strategy in respect of the operation is prepared and submitted to the Director: 1. At the time of registration, the sum included in the registration under clause 12 (3) (a) is five or more. 2. At any time after registration, the sum of the following is five or more in respect of a calendar year: i. The number of nutrient units in GNF generated on the farm unit of the operation. ii. The number of nutrient units in externally generated GNF received on the farm unit of the operation. (2) Despite subsection (1), a contingency plan prepared as part of a GNF strategy is not required to be submitted to the Director. (3) If a GNF strategy is required in respect of two or more greenhouse operations that are subject to the same registration, a single GNF strategy shall be prepared and submitted in respect of all of the operations. (4) If a GNF strategy is required to be prepared in respect of a greenhouse operation, it shall be submitted, (a) if the criterion set out in paragraph 1 of subsection (1) is met, at the same time as the registration of the greenhouse operation; or (b) if the criterion set out in paragraph 1 of subsection (1) is not met, at any time before the criterion set out in paragraph 2 of subsection (1) is met.
Application and cessation of GNF strategy
 19. Subject to the requirements set out in section 21, a GNF strategy in respect of a greenhouse operation applies to the operation on the day it is received by the Director and continues to apply unless one of the following circumstances occurs: 1. The Director receives a notice mentioned in subsection 14 (1) in respect of the operation. 2. The sum of the following, in respect of the previous calendar year, was less than five and the Director receives a notice signed by all controllers of the greenhouse operations subject to the GNF strategy, stating that this determination has been made and that all of the controllers wish for the application of the GNF strategy to cease: i. The number of nutrient units in GNF generated on the farm unit of the operations. ii. The number of nutrient units in externally generated GNF received on the farm unit of the operations. O. Reg. 300/14, s.19; O. Reg. 234/15, s. 6.
Preparation and contents
 20. (1) A GNF strategy in respect of a greenhouse operation shall, (a) be prepared by a person who meets the applicable requirements set out in Part X; (b) be prepared in accordance with and contain the information required by the GNF Management Protocol and the GNF Sampling and Analysis Protocol; (c) be prepared using the information relied upon for the purposes of subsection 18 (1); (d) include a contingency plan described in subsection (3); (e) include a declaration prepared in a form specified by the Director that, (i) identifies all agricultural operations on the farm unit of the greenhouse operations subject to the strategy, and (ii) states that the strategy is complete, that it includes an accurate description of the greenhouse operations subject to the strategy and that it has been completed in accordance with this Regulation, the GNF Management Protocol and the GNF Sampling and Analysis Protocol; and (f) be signed by, (i) a controller of each greenhouse operation that is subject to the strategy or an agent of each controller, and (ii) the person who prepared the strategy. (2) A GNF strategy shall, in setting out a strategy for the management of GNF at the greenhouse operations subject to the GNF strategy, account for the maximum total annual volume of GNF that it is reasonable to expect will be managed at the operations. (3) The contingency plan shall set out a proposal for dealing with all of the following: 1. An excess of GNF, if the amount of GNF needed to be stored on the farm unit exceeds the available storage capacity. 2. Unanticipated releases of GNF from storage or during transportation or land application. 3. Inability to store, apply to land or otherwise use GNF as provided for by the other parts of the GNF strategy, as a result of weather conditions or unavailability of equipment. 4. Any other contingency that would require the handling or storage of GNF in an emergency.
Operational change, new GNF strategy required
 21. (1) If an operational change described in Column 1 of the Table to this section occurs in relation to one or more greenhouse operations that are subject to a GNF strategy, the controllers of the operations shall prepare and submit a new GNF strategy to the Director on or before the day set out opposite the change in Column 2. (2) In the event of an operational change described in Column 1 of the Table to this section, the current GNF strategy ceases to apply on the earlier of the day on which the new GNF strategy is submitted and the day on which the new GNF strategy is required to be submitted to the Director under subsection (1). (3) The new GNF strategy applies from the day it is received by the Director. O. Reg. 300/14, s.21 (3); O. Reg. 234/15, s. 7. (4) For the purposes of Column 1 of Item 3 of the Table to this section, the number is the sum of the following in respect of a calendar year: 1. The number of nutrient units in GNF generated on the farm unit of the operations. 2. The number of nutrient units in externally generated GNF received on the farm unit of the operations. Table   Operational changes  Item   Column 1 Operational Change   Column 2 When new GNF strategy must be submitted 

  1.   The commencement of either the construction of a new greenhouse or the expansion of an existing greenhouse, if the construction or expansion would increase the total volume of GNF managed at the greenhouse operations on the farm unit and result in the use of an additional permanent GNF storage facility.   Within 60 days of the change. 

  2.   The earlier of the following: 1. The submission of an application for a permit for the construction or expansion of a permanent GNF storage facility on the farm unit. 2. The commencement of the construction or expansion of a permanent GNF storage facility on the farm unit.   Within 60 days of the change. 

  3.   An increase of 25 per cent or more in the number described in subsection (4) compared to that same number as set out in the GNF strategy when it was submitted to the Director.   On or before February 15 in the calendar year following the calendar year of the change. 

  4.   An update of information under section 16 to reflect the addition of a greenhouse operation to a farm unit.   On or before the day on which the updated information is submitted to the Director under section 16.
Annual review and update of GNF strategy
 22. (1) If a greenhouse operation is subject to a GNF strategy, this section applies to the operation in every calendar year following the first calendar year in which the GNF strategy applies in respect of the operation. O. Reg. 300/14, s.22 (1); O. Reg. 234/15, s. 8 (1). (2) The controllers of the operations subject to the GNF strategy shall prepare records of the following, using information obtained in accordance with Part VIII, the GNF Management Protocol and the GNF Sampling and Analysis Protocol no later than February 15: 1. The volume of and the number of nutrient units in GNF generated on the farm unit of the operations in the previous calendar year. 2. The volume of and the number of nutrient units in externally generated GNF received on the farm unit of the operations in the previous calendar year. 3. The number of nutrient units in GNF and the volume of GNF applied to land within the farm unit of the operations in the previous calendar year. 4. The volume, on December 31 in the previous calendar year, of GNF stored in all permanent GNF storage facilities located on the farm unit. 5. Each date in the previous calendar year on which GNF was transported off the farm unit of the operations to an agricultural operation, and, for each date, the location to which it was transported and the volume of GNF that was transported. 6. Any events on the farm unit of the operations in the previous calendar year that resulted in the use of the contingency plan prepared as part of the strategy. 7. Each date in the previous calendar year on which GNF was transported off the farm unit of the operations to a location other than an agricultural operation, and, for each date, the location to which it was transported and the volume of GNF that was transported. O. Reg. 300/14, s.22 (2); O. Reg. 234/15, s. 8 (2). (3) No later than February 15 in each year, the controllers of the operations subject to the GNF strategy shall prepare an updated GNF strategy as necessary to ensure that the information contained in the strategy accurately reflects what is anticipated on the farm unit during that year. part v   planning by agricultural operations: land application and storage of gnf
PART V PLANNING BY AGRICULTURAL OPERATIONS: LAND APPLICATION AND STORAGE OF GNF
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Determination of GNF plan areas and GNF application areas
 23. (1) This section applies to a controller of each agricultural operation that is subject to this Regulation with respect to the storage or land application of GNF within a farm unit, other than a greenhouse operation at which no GNF is applied to land. (2) A controller of an agricultural operation mentioned in subsection (1) shall determine, in accordance with subsection (3), the boundaries of the following, all of which must be located entirely within the boundaries of the farm unit of the agricultural operation: 1. One or more GNF plan areas of any size. 2. One or more GNF application areas of any size. (3) The following rules apply for the purposes of subsection (2): 1. Any land to which GNF may be applied shall be included in a GNF application area. 2. No area of land shall be included in more than one GNF application area. 3. Each GNF application area shall be included in a GNF plan area. 4. Each GNF plan area shall include at least one GNF application area and, subject to paragraph 5, may include one or more permanent GNF storage facilities that are associated with a GNF application area located within the GNF plan area. 5. A GNF plan area shall include any permanent GNF storage facility on the farm unit if GNF from the facility is applied to land within the GNF plan area. 6. A permanent GNF storage facility may be associated with a GNF application area even if the facility is not contiguous to the GNF application area or if the facility is associated with another GNF application area that is located within the same farm unit. 7. A GNF application area must be located entirely within one GNF plan area. O. Reg. 300/14, s.23 (3); O. Reg. 234/15, s. 9.
Requirement to prepare and submit GNF plan
 24. (1) A controller of an agricultural operation on a farm unit shall ensure that, before any of the criteria set out in subsection (2) are met, as determined in accordance with Part VIII, the GNF Management Protocol and the GNF Sampling and Analysis Protocol, a GNF plan in respect of each GNF plan area that is located within the farm unit is prepared, submitted to the Director and approved by the Director. (2) The criteria mentioned in subsection (1) are the following: 1. Five or more nutrient units in GNF are applied to land within the farm unit in a calendar year. 2. Five or more nutrient units in GNF are stored on the farm unit at any one time in a calendar year. 3. Five or more nutrient units in externally generated GNF are received at the farm unit in a calendar year. (3) If a GNF plan is required to be prepared under subsection (1), (a) a separate GNF plan must be submitted for each GNF plan area located within the farm unit; and (b) one GNF plan may be submitted in respect of more than one agricultural operation on the farm unit. (4) Despite subsection (1), a contingency plan prepared as part of a GNF plan is not required to be submitted to the Director for approval. (5) This section does not apply in respect of a greenhouse operation at which no GNF is applied to land.
Application and cessation of GNF plan
 25. (1) A GNF plan takes effect in respect of an agricultural operation on the day that a controller of the operation receives notice of the approval of the plan, and it continues to apply, subject to the following rules: 1. If there is a change in ownership of one of the agricultural operations subject to the plan, the plan ceases to apply in respect of all of the operations, subject to subsection (2). 2. If the controllers of each of the agricultural operations subject to the GNF plan reasonably expect none of the criteria set out in subsection 24 (2) to be met on the farm unit during the current calendar year and provide written notice of this to the Director stating that the controllers no longer wish the operations to be subject to the plan, the plan ceases to apply in respect of all of the operations on the later of the day requested by the controllers in the notice and the day that the notice is received by the Director. 3. If any controller of an agricultural operation subject to the GNF plan provides written notice to the Director and to the controllers of each of the other agricultural operations subject to the plan stating that the controller no longer wishes the operation to be subject to the plan, the plan ceases to apply in respect of the operation on the later of the day requested by the controller in the notice and the day that the notice is received by the Director. (2) Paragraph 1 of subsection (1) does not apply if, before the change in ownership occurs,  the new owner provides to the Director a written notice setting out the name and contact information of the new owner.
Preparation and contents of GNF plans
 26. (1) A GNF plan for a GNF plan area shall, (a) be prepared by a person who meets the applicable requirements set out in Part X; (b) be prepared in accordance with and contain the information required by the GNF Management Protocol and the GNF Sampling and Analysis Protocol; (c) include a contingency plan described in subsection (2); (d) include a declaration prepared in a form specified by the Director that, (i) identifies the agricultural operations subject to the plan, (ii) identifies the greenhouse operations at which the GNF to be applied to land under the plan was generated, and (iii) states that the GNF plan is complete, that it includes an accurate description of the agricultural operations subject to the plan and that it has been completed in accordance with this Regulation, the GNF Management Protocol and the GNF Sampling and Analysis Protocol; and (e) be signed by, (i) a controller of each agricultural operation that is subject to the plan or the agent of each controller, and (ii) the person who prepared the plan. (2) The contingency plan shall set out a proposal for dealing with all of the following: 1. An excess of GNF, if the amount of GNF needed to be stored on the farm unit exceeds the available storage capacity. 2. Unanticipated releases of GNF from storage or during transportation or land application. 3. Inability to store, apply to land or otherwise use GNF as provided for by the other parts of the GNF plan, as a result of weather conditions or unavailability of equipment. 4. Any other contingency that would require the handling or storage of GNF in an emergency.
Approval of GNF plan
 27. (1) Upon receipt of a GNF plan, the Director shall, as he or she considers necessary for the purposes of the Act, (a) issue an approval of the plan, with or without the conditions described in subsection (2); (b) request the person who submitted the plan to provide further relevant information; or (c) refuse to issue an approval of the plan. (2) The Director may, in an approval, impose conditions with respect to any matter covered by the GNF plan as the Director considers necessary for the purposes of the Act.
Request to apply CM2 GNF to land
 28. (1) A controller of an agricultural operation that is required by this Regulation to be subject to a GNF plan may submit to the Director, as part of the GNF plan when the plan is submitted for approval, a request for approval to apply CM2 GNF to land where the concentration of a regulated metal in the soil exceeds the concentration set out opposite the regulated metal in Column 3 of Table 3. (2) An approval of a request made under subsection (1) may be subject to conditions and is valid for a period specified by the Director which shall not exceed five years, unless the Director approves a request for an extension of the approval, which extension shall not exceed five years from the end of the period specified by the Director in the most recent approval. (3) If a request for approval or an extension of an approval is made under this section, the Director shall approve the request if he or she is satisfied that the land application of the GNF would not increase the concentration of the regulated metal in the soil by a level that is measurable as determined in accordance with the GNF Sampling and Analysis Protocol. (4) For the purposes of determining whether or not to approve a request made under this section, the Director may request that the controller provide information regarding the sampling and analysis of the CM2 GNF and the soil.
Activities requiring amendment to GNF plan
 29. (1) If a GNF plan applies in respect of a GNF plan area, before a person applies GNF to land within the GNF plan area that is not identified in the plan as a GNF application area, (a) the GNF plan must be amended to include the GNF application area in the GNF plan; and (b) the amended GNF plan must be submitted to the Director for approval and approved by the Director. (2) If a GNF plan applies in respect of a GNF plan area, before a person stores GNF in a permanent GNF storage facility that is located on the farm unit on which the GNF plan area is located and that is not identified in the GNF plan, (a) the GNF plan must be amended to identify the permanent GNF storage facility in the GNF plan; and (b)   the amended GNF plan must be submitted to the Director for approval and approved by the Director.
Amendment of approval by Director
 30. The Director may amend an approval to impose, amend or remove conditions at any time after the approval of a GNF plan 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 (b) with the consent of a controller of each agricultural operation subject to the GNF plan.
Annual review and update
 31. (1) If an agricultural operation is subject to a GNF plan, this section applies to the operation in every calendar year following the first calendar year in which the GNF plan applies in respect of the operation. O. Reg. 300/14, s.31 (1); O. Reg. 234/15, s. 10 (1). (2) Subject to section 32, the controllers of the operations subject to the GNF plan shall, no later than February 15, review the plan and prepare an updated plan as is necessary to ensure that the information contained in the plan accurately reflects what is anticipated on the GNF plan area during the year. O. Reg. 300/14, s.31 (2); O. Reg. 234/15, s. 10 (2).
Changes to GNF plan
 32. No person shall make changes to a GNF plan that are inconsistent with any conditions imposed in an approval of the plan.
Suspension of approval
 33. The Director may suspend an approval of a GNF plan if, (a) the Director is of the opinion that the continuing application of the GNF plan will likely result in an adverse effect within the meaning of subsection 18 (3) of the Act due to a deficiency or an error in the plan; and (b) the Director has given a controller of each of the agricultural operations subject to the plan reasonable notice of the deficiency or error and the controllers have not corrected the deficiency or the error.
Revocation of approval
 34. The Director may revoke an approval of a GNF plan 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) a controller of an operation subject to the plan has not complied with the approval; (d) the approval has been suspended; or (e) the controllers of each of the operations subject to the plan consent to the revocation.
Land application schedule
 35. (1) A controller of an agricultural operation that is subject to a GNF plan shall, in each calendar year, ensure that a person who meets the applicable requirements set out in Part X prepares a land application schedule for each GNF application area located within the GNF plan area, in accordance with and containing the information required by the GNF Management Protocol and the GNF Sampling and Analysis Protocol. (2) If a GNF plan is already in effect before the first application in a calendar year of GNF to a GNF application area, the land application schedule mentioned in subsection (1) shall be prepared before the first application of the GNF to the GNF application area. (3) If a GNF plan is in effect only after the first application in the calendar year of GNF to a GNF application area, the land application schedule mentioned in subsection (1) shall be prepared before the first application of the GNF to the GNF application area following the approval of the GNF plan. (4) Before exceeding the maximum volume of GNF to be applied to a GNF application area in a calendar year, as set out in the land application schedule, a new land application schedule shall be prepared by a person who meets the applicable requirements set out in Part X.
Record of land application
 36. (1) A controller of an agricultural operation that is subject to a GNF plan shall, no later than 30 days after each application of GNF to land at the operation, ensure that a record of land application is prepared in accordance with and containing the information required by the GNF Management Protocol. (2) The record mentioned in subsection (1) shall be prepared in respect of a land application by, (a) a controller of the operation; or (b) if a controller of the operation engages a person engaged in the business of applying GNF to land for the purposes of the land application, the holder of a licence issued under section 105 of the general regulation in respect of the business. O. Reg. 300/14, s.36 (2); O. Reg. 234/15, s. 11. part vi   land application standards
Definitions
 37. (1) In this Part, “frozen”, when used in reference to soil, means that a layer of soil with an average minimum depth of five centimetres, located within the top 15 centimetres of the soil, is consolidated by the presence of frozen moisture; (“gelé”) “restricted period” means the period that begins on December 1 in any year and ends on March 31 in the following year; (“période d’interdiction”) “snow-covered”, when used in reference to soil, means that there is a layer of snow on the soil with an average minimum depth of five centimetres. (“snow-covered”) (2) In this Part, a reference to land application to a surface does not imply any restriction on later tillage.
GNF land application, general prohibitions
 38. (1) No person shall apply GNF to land that, (a) is not a GNF application area; (b) has a maximum sustained slope of 12 per cent or greater; or (c) is within, (i) 100 metres of a municipal well, (ii) 15 metres of a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least six metres below the ground level of the well, or (iii) 30 metres of a well that is not a well described in subclause (i) or (ii). (2) No person shall apply GNF to land if the content of a regulated metal in the GNF exceeds, (a) the concentration in aqueous material set out opposite the regulated metal in Column 2 of Table 2; or (b) the concentration in non-aqueous material set out opposite the regulated metal in Column 3 of Table 2. (3) No person shall apply GNF to land if the soil is snow-covered or frozen. (4) No person shall apply GNF to land at a rate that causes the GNF to move across the surface of the soil more than 1.5 metres from the place where it first touches the land. (5) If GNF is mixed with liquid manure, no person shall apply the GNF to land using a high trajectory irrigation gun capable of spraying liquid more than 10 metres, except if the GNF being applied is an aqueous solution or suspension containing more than 99 per cent water by weight. (6) No person shall apply GNF to land without taking all reasonable steps to ensure that the GNF does not pond on the surface.
Depth to ground water restrictions
 40. (1) In this section, “risk level” means the level of risk of ground water contamination by CM2 GNF, as determined in accordance with subsection (2). (2) The risk level for soil of a hydrologic soil group set out in Column 1 of the Table to this subsection is, (a) the level set out opposite the soil group in Column 2 of the Table, if the depth of unsaturated soil is at least 30 centimetres but not more than 60 centimetres; and (b) the level set out opposite the soil group in Column 3 of the Table, if the depth of unsaturated soil is more than 60 centimetres but not more than 90 centimetres. table   risk level for soil   (ground water contamination from Cm2 gnf)  Item   Column 1   Hydrologic soil group   Column 2   Risk level for soil if depth of unsaturated soil at least 30 centimetres but not more than 60 centimetres   Column 3   Risk level for soil if depth of unsaturated soil more than 60 centimetres but not more than 90 centimetres 

  1.   A    High   Moderate 

  2.   B   Moderate   Low 

  3.   C   Low   Very low 

  4.   D   Low   Very low (3) For the purposes of this section, the risk level for soil shall be determined immediately before applying GNF to the land. (4) No person shall by any method apply CM2 GNF to land if the risk level for the soil is high. (5) No person shall inject CM2 GNF into soil for which the risk level is moderate or low. (6) No person shall apply CM2 GNF to the surface of land if the risk level for the soil is moderate, unless both of the following criteria are met: 1. The land is pre-tilled no more than seven days before the application. 2. The maximum rate of application is 40 cubic metres per hectare per 48 hours. (7) No person shall apply CM2 GNF to the surface of land if the risk level for the soil is low unless at least one of the criteria set out in paragraphs 1 and 2 of subsection (6) is met. (8) No person shall apply CM2 GNF to the surface of tile drained land if the risk level for the soil is very low unless at least one of the criteria set out in paragraphs 1 and 2 of subsection (6) is met. (9) No person shall inject CM2 GNF into tile drained land if the risk level for the soil is very low unless the criterion set out in paragraph 2 of subsection (6) is met. (10) No person shall apply GNF to land unless, at the time of application, there is a minimum of 30 centimetres of unsaturated soil at the surface of the soil.
Depth to bedrock restrictions
 41. (1) No person shall apply GNF to land unless the depth to bedrock at the time of land application is, (a) in the case of CM1 GNF, a minimum of 30 centimetres; and (b) in the case of CM2 GNF, a minimum of 50 centimetres. (2) The following rules apply in respect of the application of CM1 GNF to land for which the depth to bedrock is at least 30 centimetres but less than 50 centimetres: 1. No person shall inject the GNF. 2. No person shall apply the GNF to land during the restricted period. 3. No person shall apply the GNF to land except, i. at a rate that is less than 40 cubic metres per hectare per 48 hours, or ii. if the land is pre-tilled no more than seven days before the application, at a rate that does not exceed 60 cubic metres per hectare per 48 hours. (3) The rules set out in paragraphs 1 and 3 of subsection (2) apply in respect of the application of CM2 GNF to land for which the depth to bedrock is 50 centimetres or more but less than 100 centimetres.
Setback from top of bank of surface water
 42. (1) No person shall apply GNF to land in a field that contains or is adjacent to surface water unless, (a) the land application is at a distance of 20 metres or more from the top of all banks of surface water; or (b) subject to subsections (3) to (7), there is a vegetated buffer zone in the field that is adjacent to the surface water and that lies between the surface water and the area where the GNF is applied. (2) Subsection (1) does not apply in relation to the land application of GNF to a field if the following conditions are met: 1. There is a setback of at least three metres from the top of all banks of surface water. 2. The field is composed of soils containing more than 17 per cent organic carbon by weight, commonly known as peat, muck, bog or fen soils. (3) For the purposes of clause (1) (b), no person shall apply GNF containing nitrogen and phosphorus to any part of land in the field, whether or not within the vegetated buffer zone, that is within 13 metres from the top of all banks of surface water. (4) Despite subsection (3), a person may apply CM1 GNF to land within the 13 metres from the top of all banks of surface water that is not in the vegetated buffer zone if at least one of the following conditions is satisfied: 1. The GNF is injected or placed in a band below the surface of the soil. 2. The GNF is incorporated within 24 hours after the end of the land application. 3. The GNF is applied to land covered with a living crop. 4. The GNF is applied to land with crop residue covering at least 30 per cent of the soil. (5) No person shall apply nutrients to land within the vegetated buffer zone mentioned in clause (1) (b) except for an amount of commercial fertilizer that is reasonable to establish or maintain the vegetation of the vegetated buffer zone. (6) For the purposes of subsection (5), a person applies an amount of commercial fertilizer that is reasonable to establish or maintain the vegetation of a vegetated buffer zone if the person applies the fertilizer, (a) in accordance with a determination, made in accordance with subsection (7), of the concentration of plant available phosphorus and plant available potassium in the soil of the vegetated buffer zone; (b) in accordance with the Agronomy Guide for Field Crops, Publication 811, published by the Ministry of Agriculture, Food and Rural Affairs in 2009 and available on a website of the Government of Ontario; and (c) in such a manner that the agronomic balance does not exceed zero. (7) The determination of the concentration described in clause (6) (a) shall be made using, (a) the results of an analysis of a sample of the soil performed in accordance with section 59; or (b) the following concentrations: (i) 101 milligrams of plant available phosphorus per litre of soil. (ii) 251 milligrams of plant available potassium per litre of soil.
PART VII STORAGE, SITING AND CONSTRUCTION
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Storage, general rules
 45. (1) No person shall store or permit the storage of GNF at an agricultural operation, except if the GNF is stored in either a permanent GNF storage facility or in a portable storage tank and the storage is carried out in accordance with this Part. (2) No person shall discharge or permit the discharge of GNF, either directly or indirectly, from a permanent GNF storage facility or from a portable storage tank, into a ditch, drain, storm sewer, well, lake, river, pond, spring, stream, reservoir, ground water or other water or a watercourse, except for discharge through land application in accordance with this Regulation. (3) No person shall permit ground water, surface water or surface runoff, other than surface runoff that is liquid agricultural source material or runoff from the roof of a livestock operation that is used solely to house farm animals, store animal feed, store farm implements or store manure, to enter a permanent GNF storage facility. (4) No person shall store GNF in a permanent GNF storage facility unless the facility is maintained to minimize leakage. (5) No person shall store GNF in a portable storage tank except in accordance with the following rules: 1. The capacity of all portable storage tanks being used for storing GNF on the agricultural operations on a single farm unit shall not exceed 100 m3. 2. A portable storage tank used for storing GNF shall be emptied at least once every 14 days. 3. No portable storage tank shall be used to store GNF unless it has been designed and maintained to be leakproof.
Storage at existing facility
 47. (1) No person shall store GNF in a permanent GNF storage facility that is made of earth and that existed on January 1, 2015 unless, (a) it was used to store liquid nutrients at an agricultural operation before January 1, 2015, and (b) if it is situated on soil of the hydrologic soil group A or B, it is equipped with a liner. O. Reg. 300/14, s.47 (1); O. Reg. 234/15, s. 16 (1, 2). (2) No person shall store GNF in a permanent GNF storage facility that is made of a material other than earth and that existed on January 1, 2015 unless, (a) if the facility was constructed before September 30, 2003, it was used to store liquid nutrients at an agricultural operation before January 1, 2015; or (b) if the facility was constructed or expanded on or after September 30, 2003 and before January 1, 2015, any construction or expansion of the facility was done in accordance with Part VIII of the general regulation and the facility was used to store liquid nutrients at an agricultural operation before January 1, 2015. O. Reg. 300/14, s.47 (2); O. Reg. 234/15, s. 16 (3-5). (3) Despite clause (2) (b), a person may store GNF in a permanent GNF storage facility that is made of rigid plastic and that was constructed on or after September 30, 2003 and before January 1, 2015 if the facility was used to store liquid nutrients at an agricultural operation before January 1, 2015. O. Reg. 300/14, s.47 (3); O. Reg. 234/15, s. 16 (6).
Storage at new or expanded facility
 48. No person shall store GNF in a permanent GNF storage facility that is constructed or expanded on or after January 1, 2015 unless, (a) the applicable requirements set out in sections 49 to 55 with respect to construction and expansion of the facility have been met; and (b) the facility meets a description set out in Column 1 of the Table to subsection 52 (3) or is a combination of any of those facilities described in Column 1 of that Table. O. Reg. 300/14, s.48; O. Reg. 234/15, s. 17.