Definitions
 3. (1) In this Regulation, “agricultural source materials” means any of the following treated or untreated materials, other than compost that meets the requirements for Category AA, A or B compost in Part II of the Compost Standards or a commercial fertilizer, if they are capable of being applied to land as nutrients: 1. Manure produced by farm animals, including associated bedding materials. 2. Runoff from farm animal yards and manure storages. 3. Washwaters from agricultural operations that have not been mixed with human body waste. 4. Organic materials produced by intermediate operations, within the meaning of the general regulation, that process materials described in paragraph 1, 2 or 3. 5. Anaerobic digestion output, if, i. the anaerobic digestion materials were treated in a mixed anaerobic digestion facility, ii. at least 50 per cent, by volume, of the total amount of anaerobic digestion materials were on-farm anaerobic digestion materials, and iii. the anaerobic digestion materials did not contain sewage biosolids or human body waste. 6. Regulated compost as defined in subsection 1 (1) of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made under the Act; (“matières de source agricole”) “anaerobic digestion materials” has the same meaning as in subsection 1 (1) of the general regulation; (“matières destinées à la digestion anaérobie”) “anaerobic digestion output” has the same meaning as in subsection 1 (1) of the general regulation; (“matières issues de la digestion anaérobie”) “closed circulation system” means a system that, (a) circulates nutrient solution for the purpose of delivering and applying the solution to plants at a greenhouse operation, without allowing the solution to come into contact with land as defined in subsection 1 (1) of the Environmental Protection Act or surface land that is enclosed in a building, and (b) returns the nutrient solution that is not consumed by the plants to the system for reuse or else allows for the solution to be removed from the system; (“système en circuit fermé”) “CM1 GNF” means GNF in which the content of a regulated metal does not exceed, (a) the concentration in aqueous material set out opposite the regulated metal in Column 2 of Table 1, or (b) the concentration in non-aqueous material set out opposite the regulated metal in Column 3 of Table 1; (“SNS TM1”) “CM2 GNF” means GNF in which the content of a regulated metal exceeds the concentration described in clause (a) or (b) of the definition of “CM1 GNF” in respect of the regulated metal but does not exceed, (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; (“SNS TM2”) “commercial fertilizer” means a fertilizer or supplement, as each of those terms is defined in the Fertilizers Act (Canada), that is regulated under that Act, subject to subsection (3); (“engrais commercial”) “compacted soil liner” means a liner composed of hydraulically secure soil that is compacted to 95 per cent of modified Proctor density at the optimum moisture content to meet a maximum saturated hydraulic conductivity of not more than 1 × 10 -9 metres per second; (“revêtement de sol compacté”) “Compost Standards” has the same meaning as in subsection 1 (1) of the general regulation; (“Normes de qualité du compost”) “concrete” has the same meaning as in subsection 1 (1) of the general regulation; (“béton”) “controller” means, when used in respect of an agricultural operation, a person who owns or manages the operation; (“responsible”) “crop residue” means the unharvested portion of a crop left on the surface of the soil of land after the harvest of a crop grown on the land; (“résidus de culture”) “earth” has the same meaning as in subsection 1 (1) of the general regulation;(“terre”) “externally generated GNF” means, in respect of a farm unit or an agricultural operation on a farm unit, GNF that is generated at a greenhouse operation that is subject to this Regulation and located on a different farm unit; (“SNS produites à l’externe”) “farm unit” means an area of land determined to be a farm unit under section 7;(“unité agricole”) “general regulation” means Ontario Regulation 267/03 (General) made under the Act; (“règlement général”) “GNF” or “greenhouse nutrient feedwater” means material that is generated when nutrient solution, other than a test solution, is removed from a closed circulation system at a greenhouse operation; (“SNS” ou “solution nutritive de serre”) “GNF application area” means an area of land determined to be a GNF application area under section 23;(“zone d’épandage de SNS”) “GNF Management Protocol” means, (a) the document entitled “Greenhouse Nutrient Feedwater Management Protocol”, prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment and Climate Change, dated June 1, 2015 and available on a website of the Government of Ontario, and (b) the GNF Management Table; (“Protocole de gestion des SNS”) “GNF Management Table” means the document of that name, as amended from time to time, prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment and Climate Change and available on a website of the Government of Ontario; (“Tableau de gestion des SNS”) “GNF plan” means a nutrient management plan prepared under Part V for the management of GNF and other nutrients; (“plan SNS”) “GNF plan area” means an area of land determined to be a GNF plan area under section 23; (“zone assujettie à un plan SNS”) “GNF Sampling and Analysis Protocol” means the document entitled “GNF Sampling and Analysis Protocol”, prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment and Climate Change, dated November 21, 2014 and available on a website of the Government of Ontario; (“Protocole d’échantillonnage et d’analyse des SNS”) “GNF strategy” means a nutrient management strategy prepared under Part IV for the management of GNF; (“stratégie SNS”) “GNF transfer system” means all surge tanks, pipes and surfaces that come into contact with GNF during the movement of GNF to a permanent GNF storage facility or a portable storage tank, but does not include a permanent GNF storage facility, a portable storage tank or vehicles that are used to transport GNF; (“système de transfert de SNS”) “greenhouse operation” means an agricultural operation that includes one or more greenhouses used for growing plants within an area enclosed by walls and a roof; (“exploitation serricole”) “ground level” means, in relation to a well, the lowest surface grade within a perimeter of two metres of the well; (“niveau du sol”) “hydraulically secure soil” has the same meaning as in subsection 1 (1) of the general regulation; (“sol sûr en termes de conductivité hydraulique”) “hydrologic soil group” has the same meaning as in subsection 1 (1) of the general regulation; (“groupe hydrologique de sols”) “incorporation” means the mixing of GNF into the surface of the soil by tillage with a minimum depth of soil disturbance of 10 centimetres; (“incorporation”) “independent carrier” means, in respect of GNF, an individual who transports the GNF and who is not a controller or an employee of an agricultural operation located on the farm unit on which the GNF was generated or of an agricultural operation located on the farm unit on which the GNF is received; (“transporteur indépendant”) “injection” means the placement of GNF below the surface of the soil; (“injection”) “liner” has the same meaning as in subsection 1 (1) of the general regulation; (“revêtement”) “liquid agricultural source material” means agricultural source material that has a dry matter content of less than 18 per cent or a slump of more than 150 millimetres using the Test Method for the Determination of “Liquid Waste” (Slump Test) set out in Schedule 9 to Regulation 347 of the Revised Regulations of Ontario, 1990 (General – Waste Management) made under the Environmental Protection Act; (“matières liquides de source agricole”) “living crop” has the same meaning as in subsection 1 (1) of the general regulation; (“culture vivante”) “maximum sustained slope” has the same meaning as in subsection 1 (1) of the general regulation; (“pente soutenue maximale”) “mixed anaerobic digestion facility” has the same meaning as in subsection 1 (1) of the general regulation; (“digesteur anaérobie mixte”) “municipal well” has the same meaning as in subsection 1 (1) of the general regulation; (“puits municipal”) “non-agricultural source materials” means any of the following materials, other than compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards or a commercial fertilizer, if the materials are intended to be applied to land as nutrients: 1. Pulp and paper biosolids. 2. Sewage biosolids. 3. Anaerobic digestion output, if less than 50 per cent, by volume, of the total amount of anaerobic digestion materials that were treated in the mixed anaerobic digestion facility were on-farm anaerobic digestion materials. 4. Any other material that is not from an agricultural source and that is capable of being applied to land as a nutrient; (“matières de source non agricole”) “nutrient solution” means a solution of nutrients and water for growing plants; (“solution nutritive”) “nutrient unit” or “NU” means, when used in respect of GNF, a unit of the amount of nutrients in the GNF, as determined in accordance with this Regulation, the GNF Management Protocol and the GNF Sampling and Analysis Protocol, that gives the fertilizer replacement value of the lower of 43 kilograms of nitrogen as nutrient or 55 kilograms of phosphate as nutrient; (“unité nutritive”, “NU”) “on-farm anaerobic digestion materials” has the same meaning as in subsection 1 (1) of the general regulation; (“matières provenant d’une exploitation agricole”) “permanent GNF storage facility” means, subject to subsection (5), a permanent structure or part of a permanent structure that is capable of storing a depth of GNF that is greater than 100 millimetres; (“installation permanente d’entreposage de SNS”) “phosphate” means P2O5;(“phosphate”) “potash” means K2O; (“potasse”) “professional engineer” has the same meaning as in subsection 1 (1) of the general regulation; (“ingénieur”) “professional geoscientist” has the same meaning as in subsection 1 (1) of the general regulation; (“géoscientifique professionnel”) “pulp and paper biosolids” has the same meaning as in subsection 1 (1) of the general regulation; (“biosolides de papetières”) “regulated metal” means a metal set out in Column 1 of Table 1; (“métal règlementé”) “rigid plastic” means a material manufactured from resins that are either high density linear polyethylene (HDLPE) or high density cross-linked polyethylene (HDXLPE); (“plastique rigide”) “sewage biosolids” has the same meaning as in subsection 1 (1) of the general regulation; (“biosolides d’égouts”) “sewage works” has the same meaning as in subsection 1 (1) of the Ontario Water Resources Act; (“station d’épuration des eaux d’égout”) “surface water” has the same meaning as in subsection 2 (1) of the general regulation; (“eau de surface”) “synthetic liner” has the same meaning as in subsection 1 (1) of the general regulation; (“revêtement synthétique”) “test solution” means a nutrient solution that has been removed from a closed circulation system for analysis at a laboratory for the purposes of this Regulation; (“solution pour analyse”) “top” has the same meaning as in subsection 1 (1) of the general regulation; (“haut”) “transport” includes, when used in respect of GNF, movement of the GNF through pipelines, unless otherwise specified; (“transport”) “unsaturated soil” means soil that has a water content that is less than 100 per cent of the total pore space or is at a negative soil water pressure, as determined in accordance with the GNF Management Protocol; (“sol non saturé”) “vegetated buffer zone” has the same meaning as in subsection 1 (1) of the general regulation; (“zone tampon de vegetation”) “well” has the same meaning as in subsection 1 (1) of the general regulation. (“puits”) O. Reg. 300/14, s. 3 (1), 74 (1, 2); O. Reg. 234/15, s. 1 (1). (2) Revoked: O. Reg. 300/14, s. 74 (3). (3) For the purposes of the definition of “commercial fertilizer” in subsection (1), a commercial fertilizer does not include a fertilizer or supplement that is exempt from the Fertilizers Act (Canada) and the Fertilizers Regulations (Canada) made under that Act under section 3 of those regulations. (4) For the purposes of this Regulation, the percentage of land covered by crop residue is the percentage determined in accordance with the method set out in the GNF Management Protocol. (5) For the purposes of the definition of “permanent GNF storage facility” in subsection (1), (a) a permanent GNF storage facility may include, (i) a structure made of earth, and (ii) a surge tank that is directly connected to a permanent GNF storage facility without backflow protection or directly connected to a portable storage tank without backflow protection; and (b) a permanent GNF storage facility does not include, (i) a direct flow application system used to deliver GNF to crops, or (ii) a GNF transfer system. O. Reg. 234/15, s. 1 (5). (6) For the purposes of this Regulation, unless otherwise indicated, any mixture resulting from the mixing of GNF with liquid agricultural source materials, as permitted under section 11, is GNF. Part II   GENERAL