Issues of Concern to NFA Members:

Context

As part of the Ontario government's Operation Clean Water strategy, the proposed Nutrient Management Act 2001 would provide for province-wide standards to address the effects of agricultural practices on the environment, especially as they relate to land-applied materials containing nutrients.

The proposed legislation would provide authority to establish province-wide standards for the management of materials containing nutrients and set out requirements and responsibilities for farmers, municipalities and others in the business of managing nutrients.

The sources of these nutrients include manure and other materials generated through agricultural operations, commercial fertilizers, biosolids generated by municipal sewage treatment, septage and pulp and paper sludge. Currently, the land application of these materials is governed by an array of legislative and regulatory provisions, guidelines, voluntary best management practices and a patchwork of municipal by-laws.

There remains, however, a need for a comprehensive, clear, provincewide approach that protects the water, environment and well-being of communities in rural Ontario, while ensuring farmers can invest in and operate their farms with confidence. This need was confirmed by farmers themselves, municipalities, environmental groups and others during consultations held by the Task Force on Intensive Agricultural Operations in Rural Ontario during early 2000.

The proposed legislation responds to the results of these consultations, and its development was guided by the "Managing the Environment" report released in January 2001, which strongly recommended an integrated approach to environmental management. The bill also addresses the issues and risks identified in the Environmental Commissioner's special report of July 2000, "The Protection of Ontario's Groundwater and Intensive Farming." It also builds on the government's Smart Growth Strategy which calls for well-planned and environmentally sensitive development.

What would the legislation do?

The proposed Nutrient Management Act was developed by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) and the Ministry of the Environment (MOE) using the recommendations of many private and public sector sources. It would:

• set out a comprehensive and integrated approach to all land-applied materials and the safe disposal of deadstock;
  
• ensure that all land-applied materials will be managed in a sustainable, beneficial manner which results in environmental protection;
  
• provide for clear, province-wide standards so that farmers can invest with confidence in their businesses; and
  
• increase public confidence in a sustainable future for agricultural and rural development.
  

What's in the legislation?

The bill is enabling legislation that would support the implementation of a comprehensive regulatory framework regarding nutrient management and other related farm practices in Ontario.

The key to this proposed framework would be the Nutrient Management Plan (NMP), which is a science-based tool identifying how manure, commercial fertilizers, other nutrients and existing soil fertility are effectively managed in an environmentally responsible manner. Different types of operations would have different requirements and eventually all land-applied materials containing nutrients would be managed according to a NMP.

Many guidelines and other reference documents have already been developed which could provide a good basis for these standards. Examples include the Ontario Farm Environmental Coalition's Nutrient Management Strategy, Environmental Farm Plan and many Best Management Practices.

The legislation would also provide enforcement authority. In line with other environmental legislation, provincial government officers who are knowledgeable in agriculture and the environment would have the authority to inspect and issue compliance and preventive orders. The legislation would also establish the right to appeal to the Environmental Review Tribunal.

Municipal responsibilities would be clarified under the bill. New standards would replace the patchwork of municipal bylaws regarding nutrient management. Municipalities would have this as support for their continued responsibility for land use planning and building code approvals. It would also allow for the creation of local advisory committees to promote awareness of the new rules, and mediate local nutrient management noncompliance related issues.

Administratively, the legislation would provide for alternate delivery of the review and approval of NMPs and for the establishment of a registry for NMPs. It would provide the authority to establish fees for any activity undertaken. In the first two years MOE will coordinate the review and approvals of nutrient management plans and other requirements for large operations, while OMAFRA will review and approve NMPs for mid-sized livestock operations. The proposed legislation prohibits the delivery of enforcement through an alternative delivery mechanism.

The proposed Act would re-affirm the ultimate authority of the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act. It would also effect complementary amendments to these Acts, and the Farming and Food Production Protection Act.

How would it work?

The proposed Nutrient Management Act, 2001 would provide the authority to develop and implement new, enforceable standards, supported by new inspection and compliance measures and new authority for remedial action and provincial enforcement. By recognizing the roles of both the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment, the bill would provide a framework for these ministries to work with a broad range of stakeholders to develop the specific standards.

It would provide authority for regulations governing several areas, including:

• Collecting, storing, handling, using and transporting materials containing nutrients;
  
• Establishing qualifications, education, training and certification for farmers and others applying materials containing nutrients to land;
  
• Establishing requirements for NMPs, including record keeping and filing;
  
• Providing for the use, establishment and access to a registry in which NMPs would be recorded;
  
• Enhancing regulations for the use and application of land applied nutrients;
  
• Establishing minimum distance separation requirements for land application and buildings to protect land and water;
  
• Using innovative technologies (e.g. composting) to manage materials containing nutrients;
  
• Mediating issues locally, including establishing local advisory committees: MOE will deal with any issues related to noncompliance;
  
• Establishing categories of agricultural operations and standards relating to farm practices for these categories.
  
• Banning the land application of untreated septage over a five year period.
  

How would it be implemented?

The bill would provide the authority to implement a risk-based approach called for in the Managing the Environment report. Different categories of operations would be regulated in different ways, focusing a greater level of attention and resources where the risk to the environment is greatest. The bill would provide for a framework to phase in standards over time, depending on the size of the operations and the kinds of practices that are carried out.

At a minimum the following categories would be defined:

• Large livestock operations (e.g. 450 livestock units)
  
• Smaller livestock operations
  
• Other agricultural operations (e.g. greenhouses, mushroom facilities, cash crops)
  
• Non-farm operations generating materials containing nutrients such as municipal sewage treatment facilities. Non-farm nutrient generators would be categorized separately from the agricultural operations.
  

Any number of sub-categories could also be defined to ensure that different types of operations would be regulated in the most effective way.

All farms would eventually be governed by new regulated farm practice standards. New standards would be established immediately for the new construction or expansion of large livestock operations. They would apply to existing larger animal operations within three years. Appropriate standards will be established for all other farms within five years.

The bill would establish authority for a range of new approval and review requirements designed to minimize environmental risks. These would be most stringent for large livestock operations, which would need provincial certification, including approval for their NMPs. These operations would be inspected by a team of provincial government staff who are knowledgeable in agriculture and the environment.

Mid-size livestock operations wanting to build or expand would be subject to provincial review. These and other agricultural and smaller livestock operations would be responsible for having up-to-date NMPs available for inspection and review.

The bill would provide authority for several functions including the review and approval of NMPs, education and training and certification to eventually be managed independently outside government.

Education and training requirements would be an integral part of the new legislation, so that farmers and others with new responsibilities would be well-equipped to adhere to its standards and regulations.

Next Steps
Consultations regarding the provincial standards will be held over the summer.

 

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