GENERAL, O. Reg. 267/03

• Jurisdiction: Ontario

Nutrient Management Act, 2002

ONTARIO REGULATION 267/03

general

Consolidation Period: From January 1, 2022 to the e-Laws currency date.

Last amendment: 848/21.

This is the English version of a bilingual regulation.

part i
DEFINITIONS AND INTERPRETATION

Definitions and General

Definitions and general

1. (1) In this Regulation,

“adverse effect” means an adverse effect described in subsection 18 (3) of the Act; (“conséquence préjudiciable”)

“agricultural source materials” or “ASM” 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, including associated bedding materials, whether or not located on an agricultural operation.

2. Runoff from farm animal yards, outdoor confinement areas and permanent nutrient storage facilities that contain only manure and associated bedding materials, whether or not located on an agricultural operation.

3. Washwaters from agricultural operations that have not been mixed with human body waste.

4. Organic materials produced by intermediate operations that process materials described in paragraph 1, 2 or 3.

5. Anaerobic digestion output, other than restricted 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”, “MSA”)

“Agronomy Guide for Field Crops” means the Agronomy Guide for Field Crops, Publication 811, published by the Ministry of Agriculture, Food and Rural Affairs in 2009; (“guide agronomique des grandes cultures”)

“anaerobic digestion” means the decomposition of organic matter by bacteria in an oxygen-limiting environment; (“digestion anaérobie”)

“anaerobic digestion materials” means materials that are intended for treatment in a mixed anaerobic digestion facility, whether the materials are generated at the agricultural operation or received at the agricultural operation from an outside source; (“matières destinées à la digestion anaérobie”)

“anaerobic digestion materials reception system” means any system or building used to receive off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, for treatment in a regulated mixed anaerobic digestion facility; (“système de réception de matières destinées à la digestion anaérobie”)

“anaerobic digestion materials transfer system” means a system used to move any off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, from one component to another of a regulated mixed anaerobic digestion facility, but does not include a vehicle used to transport the materials; (“système de transfert de matières destinées à la digestion anaérobie”)

“anaerobic digestion output” means any solid or liquid material that results from the treatment of anaerobic digestion materials in a mixed anaerobic digestion facility; (“matières issues de la digestion anaérobie”)

“anaerobic digestion vessel” means a vessel that is a component of a regulated mixed anaerobic digestion facility where the treatment of anaerobic digestion materials through time and temperature occurs, but does not include any vessel used exclusively to heat materials before treatment pursuant to subsection 98.9 (2); (“cuve de digestion anaérobie”)

“application”, in relation to the application of a material to land, does not include the direct deposit onto land of feces or urine by animals; (“épandage”)

“approved design capacity”, in relation to a sewage treatment works, means design capacity as approved for the sewage treatment works pursuant to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act; (“capacité nominale approuvée”)

“aquifer” means an underground formation of saturated permeable rock or saturated loose material including soil that can produce useable quantities of water when tapped by a well; (“aquifère”)

“biogas upgrading system” means the biogas upgrader and any associated gas treatment equipment; (“système de valorisation de biogas”)

“broker” means a person who,

(a) receives prescribed materials from an operation,

(b) does not generate a new nutrient product from the materials, and

(c) transfers the materials to another operation, applies the materials to land as nutrients on behalf of another person, or stores them for either of those purposes; (“courtier”)

“broking operation” means an operation by virtue of which a person is a broker; (“entreprise de courtage”)

“Building Code” means Ontario Regulation 332/12 (“Building Code”) made under the Building Code Act, 1992; (“code du bâtiment”)

“Category 1 non-agricultural source materials” or “Category 1 NASM” means non-agricultural source materials described in Table 1 of Schedule 4; (“matières de source non agricole de catégorie 1”, “MSNA de catégorie 1” )

“Category 2 non-agricultural source materials” or “Category 2 NASM” means non-agricultural source materials described in Table 2 of Schedule 4; (“matières de source non agricole de catégorie 2”, “MSNA de catégorie 2”)

“Category 3 non-agricultural source materials” or “Category 3 NASM” means non-agricultural source materials described in Table 3 of Schedule 4; (“matières de source non agricole de catégorie 3”, “MSNA de catégorie 3”)

“CM1”, when used in reference to NASM, means that its content of a regulated metal does not exceed the concentration set out in Column 2 or 3 of Table 1 of Schedule 5; (“TM1”)

“CM2”, when used in reference to NASM, means that its content of a regulated metal exceeds that of CM1 NASM but does not exceed the concentration set out in Column 2 or 3 of Table 2 of Schedule 5; (“TM2”)

“commercial, community or institutional use” means any commercial, community or institutional use, including without limitation the use of land for,

(a) an office building,

(b) a hotel, motel, hostel or similar type of accommodation,

(c) an overnight camp or overnight campgrounds,

(d) indoor recreational or sporting activities,

(e) indoor gatherings for civic, religious or social purposes,

(f) indoor performing arts activities,

(g) a railway station, airport passenger terminal or other embarkation or debarkation point for travellers,

(h) a day care centre,

(i) educational purposes, including a school, college, university, private career college or associated residence,

(j) a health care facility, or

(k) a penitentiary, jail or other place of custody or detention; (“utilisation commerciale, communautaire ou institutionnelle”)

“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 (2.1); (“engrais commercial”)

“compacted soil liner”, in relation to a permanent nutrient storage facility, 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” means the document published by the Ministry of the Environment entitled “Ontario Compost Quality Standards”, as amended from time to time, originally dated July 25, 2012 and available through the Ministry’s website on the Internet and through the Ministry’s Public Information Centre; (“Normes de qualité du compost”)

“concrete” means Portland cement concrete; (“béton”)

“contingency plan” means a proposal in a nutrient management strategy or plan for dealing with,

(a) an excess of prescribed materials or nutrients, if the amount of prescribed materials or nutrients generated or received at a farm unit is greater than that otherwise provided for by the strategy or plan,

(b) an excess of prescribed materials or nutrients, if the amount of prescribed materials or nutrients requiring storage prior to use exceeds or is anticipated to exceed the storage capacity available for prescribed materials or nutrients otherwise provided for by the strategy or plan,

(c) unanticipated releases of prescribed materials or nutrients from storage or during transport or application,

(d) inability to store, apply or otherwise use prescribed materials or nutrients as otherwise provided for by the strategy or plan, as a result of weather conditions or unavailability of equipment, or

(e) any other contingency requiring the handling or storage of prescribed materials or nutrients in an emergency; (“plan d’urgence”)

“control”, as a verb in relation to land, an agricultural operation or a non-agricultural operation, includes manage and operate; (“avoir le contrôle”)

“CP1”, when used in reference to NASM, means that its content of a pathogen named in Column 1 of Table 1 or Table 2 of Schedule 6 does not exceed the level set out in Column 2 or 3 of Table 1 or Column 2 or 3 of Table 2; (“TP1”)

“CP2”, when used in reference to NASM, means that,

(a) its content of E. coli exceeds that of CP1 NASM but does not exceed the level set out in Column 2 or 3 of Table 3 of Schedule 6, or

(b) its content of a pathogen other than E. coli named in Column 1 of Table 1 or Table 2 of Schedule 6 exceeds that of CP1...