This consultation was open from:
June 15, 2021
to July 30, 2021
Decision summary
Amendments were made to O. Reg. 267/03 under the Nutrient Management Act, 2002 to remove the five-year expiry of the Agricultural Operation Planning certificate. Housekeeping amendments to the Regulation and Protocol were also made to add clarity. No changes were made to the proposal as a result of consultation.
Decision details
As part of Ontario’s Open for Business Action Plan, the government is committed to cutting red tape and reducing regulatory burden for all businesses, organizations, and individual farmers, while continuing to maintain environmental protection. Reducing burden on farmers and lowering operating costs are a critical part of ensuring rural Ontario remains economically vibrant and competitive.
Prior to amendments made in 2019, there was a five-year cessation trigger for a nutrient management strategy (NMS). It was the intention that individuals who prepared NMSs would need to obtain their Agricultural Operation Planning (AOP) certificates every five years in parallel to their NMS renewal. The need for a new NMS is now triggered by a change in size or operations.
Given that the five-year automatic cessation of a NMS was removed, the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment, Conservation and Parks have made regulatory amendments to O. Reg. 267/03 to remove the five-year expiry of the Agricultural Operation Planning (AOP) certificate.
- This change will save farmers and farm businesses time and money as farmers will no longer have to re-take nutrient management training to re-certify every five years.
- Nutrient Management Plans (NMP) are still required to be renewed every five years but farmers and their employees would no longer need to have renewed their AOP certificate within the last 5 years in order to prepare their own NMP.
- This change affects farmers who prepare their own Strategies and Plans, not those who prepare Strategies or Plans as consulting services.
Housekeeping amendments to the Regulation and Nutrient Management Protocol (Protocol) were also made to add clarity, simplify rules and enhance compliance.
- Minor corrections and administrative changes were made to improve consistency in the Regulation.
- Changes were made to the Protocol to make it more closely aligned with the Regulation, and to make it easier to comply with environmental protection requirements without adding costs for farmers.
- Updating the Protocol has clarified rules making the Protocol easier to read, reducing confusion and ensuring that up to date resources are provided. This would make it easier to comply with existing regulatory requirements.
- The Protocol is incorporated by reference into the Regulation so an amendment to the definition of Nutrient Management Protocol in the Regulation was made to reflect the new date of the Protocol.
To ensure opportunities to update farmers’ knowledge on NMS and NMP as needed, OMAFRA will continue to provide voluntary opportunities for learning (e.g. digital) for farmers.
Effects of consultation
OMAFRA and MECP posted a proposal on the Environmental Registry and Regulatory Registry from June 15 to July 30, 2021. 17 comments were received from stakeholders, the majority of whom supported the proposal. Three respondents were opposed, citing concerns about certificate holders’ ability to properly prepare an NMS or NMP without regularly required training and potentially present risks to the environment due to Strategies and Plans that could be of lower quality. The alternatives recommended by these respondents were not consistent with the Open For Business goals of the proposal (i.e., the same or increased frequency of training, adding exams).
No respondents were opposed to amendments to the Protocol that would help improve clarity. Some respondents requested to review the revised draft Protocol. A draft was shared with these respondents. Three stakeholders provided comments on the draft Protocol. All were supportive of the proposed revisions with some minor suggestions. Suggestions were considered by staff and it was determined that no changes were required to the Protocol.
No changes were made to the proposal as a result of consultation. Some respondent suggestions will be addressed in guidance materials to be developed by OMAFRA. In addition, ongoing access to training will be provided on-line for certificate holders to maintain their skills as they choose. Digital tools such as AgriSuite continue to be updated to support the development of Nutrient Management Strategies and Plans and enhance compliance with the regulation.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
1 Stone Road West
Ontario Government Building, 2nd floor, Southwest
Guelph,
ON
N1G 4Y2
Canada
Connect with us
Contact
Naomi Horst
1 Stone Road West
Ontario Government Building, 2nd floor, Southwest
Guelph,
ON
N1G 4Y2
Canada
Original proposal
Proposal details
In Ontario, the Nutrient Management Act, 2002 (NMA) provides for the management of nutrients in ways that provide for the protection of the natural environment and also provide a sustainable future for agricultural operations and rural development.
The Regulation regulates the management of a variety of nutrients (e.g. agricultural source material and non-agricultural source material). The Regulation prescribes rules for the management of prescribed materials on an agricultural operation, including their storage and land application. The Regulation requires the development (by a certified preparer) of a farm-based Nutrient Management Strategy (NMS) and/or Nutrient Management Plan (NMP).
Individuals or businesses that wish to prepare their own NMS or NMP must obtain an Agricultural Operation Planning (AOP) certificate from the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). AOP certification is required every five years. To certify, the applicant must pay a fee, take 2 courses and apply for the certificate. Each course is a two-day course.
Prior to amendments made in 2019, a new NMS needed to be prepared every five years. It was the intention that individuals who prepared NMSs would need to obtain their AOP certificates every five years so that they were able to successfully complete a NMS. Given that the five-year automatic cessation of NMS was removed, OMAFRA and Ministry of the Environment, Conservation and Parks (MECP) are proposing to amend the Regulation to remove the automatic five-year expiration associated with an AOP certificate. Instead, it is proposed that AOP certificates will never expire. This will reduce costs and training burden for farmers who prepare their own NMSs and NMPs.
The ministries are also proposing to make housekeeping amendments to the Nutrient Management Protocol (“the Protocol”). The Protocol was first made in 2003 and was last updated in 2012. Since this time there have been numerous updates to the Regulation. The Protocol provides technical and scientific details and standards in addition to those set out in the Regulation and is incorporated by reference into the regulation. Over the years, changes have been made to the Regulation which are no longer reflected in the Protocol.
Some references in the Protocol need to be updated to reflect the proposed amendments, other updates are required to clarify requirements and fix broken web links. By updating the Protocol, we will simplify rules and streamline processes by reducing confusion and ensuring that up to date resources are provided.
Analysis of Regulatory Impact
There may be some administrative costs associated with reviewing the amended Regulation; however, these costs would be entirely offset by the savings associated with this proposal. Currently, individual farmers or farm businesses with a NMS must obtain an AOP certificate every five years. This requires an individual take two courses at $158.20 per course every five years. Each course requires they spend two days in either in class or online training. There are currently 170 certificate holders in Ontario. We anticipate this will result in a total savings for the industry of approximately $238,000 every five years.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from June 15, 2021
to July 30, 2021
Connect with us
Contact
Naomi Horst
1 Stone Road West
Ontario Government Building, 2nd floor, Southwest
Guelph,
ON
N1G 4Y2
Canada
Comments received
Through the registry
5By email
12By mail
0