Nutrient Management Act, 2002, S.O. 2002, c. 4

• Jurisdiction: Ontario

Nutrient Management Act, 2002

S.O. 2002, Chapter 4

Consolidation Period: From June 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 10, s. 3.

CONTENTS

PART I
purpose, Definitions and Administration

Purpose

1 The purpose of this Act is to provide for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development. 2002, c. 4, s. 1.

Definitions

2 In this Act,

“administrative penalty” means a penalty imposed under section 40 or 40.1; (“pénalité administrative”)

“agricultural machinery and equipment” includes equipment used for the management of materials containing nutrients; (“machines et matériel agricoles”)

“agricultural operation” means an agricultural, aquacultural, horticultural or silvicultural operation and includes,

(a) draining, irrigating or cultivating land,

(b) growing, producing or raising farm animals,

(c) the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, and any additional agricultural crops prescribed by the regulations,

(d) the production of eggs, cream and milk,

(e) the operation of agricultural machinery and equipment,

(f) ground and aerial spraying,

(g) the management of materials containing nutrients for farm purposes,

(h) the processing by a farmer of the products produced primarily from the farmer’s agricultural operation,

(i) activities that are a necessary but ancillary part of an agricultural operation such as the use of transport vehicles for the purposes of the agricultural operation, and

(j) any other agricultural activity prescribed by the regulations, conducted on, in or over agricultural land; (“exploitation agricole”)

“analyst” means an analyst appointed under subsection 5 (1); (“analyste”)

“approval” means an approval of a nutrient management plan or a nutrient management strategy that is issued in accordance with a regulation made under clause 6 (2) (h), (i) or (k); (“approbation”)

“certificate” means a certificate to carry out prescribed nutrient management practices that is issued in accordance with a regulation made under clause 6 (2) (c); (“certificat”)

“Director” means a Director appointed under subsection 3 (1); (“directeur”)

“discharge”, when used as a verb, includes to add, deposit, emit or leak and, when used as a noun, includes an addition, deposit, emission or leak; (“rejet”, “rejeter”)

“farm animal” means,

(a) livestock, including poultry and ratites,

(b) fur-bearing animals,

(c) bees,

(d) cultured fish,

(e) deer and elk,

(f) game animals and birds, or

(g) any additional animals, birds or fish prescribed by the regulations; (“animal d’élevage”)

“farmer” means the owner or operator of an agricultural operation; (“agriculteur”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“licence” means a licence for applying materials containing nutrients to land that is issued in accordance with a regulation made under clause 6 (2) (e); (“permis”)

“management”, in respect of materials containing nutrients, includes the collection, purchase, acquisition, storage, handling, treatment, sale, transfer, transportation, application, use and disposal of the materials, and “manage” has a corresponding meaning; (“gestion”, “gérer”)

“Minister” means the Minister responsible for the administration of this Act unless the context indicates otherwise; (“ministre”)

“Ministry” means the Ministry of the Minister; (“ministère”)

“natural environment” means the air, land and water of the Province of Ontario or any combination or part of them; (“environnement naturel”)

“nutrient” means any material, including fertilizer, manure, compost, sewage biosolids and pulp and paper biosolids, that can be applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a prescribed use, but does not include any material that the regulations specify does not come within the definition of “nutrient”; (“élément nutritif”)

“nutrient management plan” means a plan for the management of materials containing nutrients that may be applied to lands, which plan is prepared in accordance with the regulations; (“plan de gestion des éléments nutritifs”)

“nutrient management strategy” means a plan prepared by or on behalf of a municipality or a generator of prescribed materials to ensure the prescribed materials generated in the municipality or by the generator are appropriately managed and may include one or more nutrient management plans; (“stratégie de gestion des éléments nutritifs”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“processing” includes sawing, cleaning, treating, grading and packaging to the extent that these activities relate to products primarily from an agricultural operation and are conducted as a part of an agricultural operation; (“traitement”)

“provincial officer” means a provincial officer designated under subsection 4 (1); (“agent provincial”)

“regulations” means the regulations made under this Act; (“règlements”)

“Tribunal” means the Ontario Land Tribunal. (“Tribunal”) 2002, c. 4, s. 2; 2009, c. 33, Sched. 15, s. 7 (1, 2); 2019, c. 14, Sched. 8, s. 25; 2021, c. 4, Sched. 6, s. 70.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 15, s. 7 (1, 2) - 15/12/2009

2019, c. 14, Sched. 8, s. 25 - 10/12/2019

2021, c. 4, Sched. 6, s. 70 - 01/06/2021

Directors

3 (1) Any Minister responsible for the administration of a provision of this Act may in writing appoint as Directors any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Subject to the approval of the Lieutenant Governor in Council, any other persons or the members of any other classes of persons. 2006, c. 35, Sched. C, s. 92 (1).

Powers

(2) Directors shall act as Directors in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment. 2002, c. 4, s. 3 (2).

Limitation of authority

(3) In an appointment of a Director, the Minister may limit the authority of the Director in the manner that the Minister considers necessary or advisable. 2002, c. 4, s. 3 (3).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 92 (1) - 20/08/2007

Provincial officers

4 (1) Any Minister responsible for the administration of a provision of this Act may in writing designate as provincial officers any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Any other persons or the members of any other classes of persons. 2006, c. 35, Sched. C, s. 92 (2).

Powers

(2) Provincial officers shall act as provincial officers in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their designation. 2002, c. 4, s. 4 (2).

Limitation of authority

(3) In a designation of a provincial officer, the Minister may limit the authority of the provincial officer in the manner that the Minister considers necessary or advisable. 2002, c. 4, s. 4 (3).

Peace officers

(4) A provincial officer is a peace officer for the purpose of enforcing this Act. 2002, c. 4, s. 4 (4).

Investigation and prosecution

(5) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act. 2002, c. 4, s. 4 (5).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 92 (2) - 20/08/2007

Analysts

5 (1) Any Minister responsible for the administration of a provision of this Act may in writing appoint as analysts any of the following persons as the Minister considers necessary:

1. Public servants employed under Part III of the Public Service of Ontario Act, 2006 who work in the Ministry or the members of classes of such public servants.

2. Any other persons or the members of any other classes of persons. 2006, c. 35, Sched. C, s. 92 (3).

Powers

(2) Analysts shall act as analysts in respect of those sections of this Act, those regulations and those sections of those regulations that are set out in their appointment. 2002, c. 4, s. 5 (2).

Limitation of authority

(3) In an appointment of an analyst, the Minister may limit the authority of the analyst in the manner that the Minister considers necessary or advisable. 2002, c. 4, s. 5 (3).

Section Amendments with date in force (d/m/y)

2006, c. 35, Sched. C, s. 92 (3) - 20/08/2007

PART II
Management of Materials containing Nutrients AND REGULATIONS RESPECTING FARM ANIMALS

Nutrient management standards

6 (1) The Lieutenant Governor in Council may make regulations,

(a) establishing standards respecting the management of materials containing nutrients used by and on agricultural operations or used for other uses;

(b) establishing standards respecting farm practices and other uses to be followed with respect to the materials mentioned in clause (a);

(c) requiring farmers and other persons to comply with the standards mentioned in clause (a) or (b). 2002, c. 4, s. 6 (1).

Same

(2) Without limiting the generality of subsection (1), the Lieutenant Governor in Council may make regulations,

(a) governing the management of materials containing nutrients including,

(i) specifying standards for the size, capacity and location of buildings or structures that are used to store materials containing nutrients or to house farm animals, including buildings or structures that are not buildings as defined in...