Monday, July 01, 2002

Ontario's Nutrient Management Act Becomes Law

>From the Globe and Mail ...

Ontario takes slice out of cow pie

Canadian Press
Wednesday, June 26 - Online Edition, Posted at 2:55 PM EST

Toronto - A bill nervously anticipated by Ontario's farmers became law Wednesday, paving the way for the province to set and enforce standards for the spreading and disposal of potentially lethal animal manure.

Spawned by the Walkerton E. coli tragedy two years ago in which cattle waste poisoned the town's water, the Nutrient Management Act aims to protect the province's waterways from farm-animal contamination.

"For the people who are abusing the system right now ... they're going to have some profound change," Agriculture Minister Helen Johns said. "They may not be farming."
The law sets up fines of $10,000 a day for violations. Regulations to be set later by the government will determine various standards.

Six committees are poised to devise the regulations, which will likely be put in place some time in the fall, Ms. Johns said.

The regulations will, for example, establish minimum distances to watersheds and the maximum amount of manure that can be spread on any piece of land.
Rules will initially apply to large industrial farms but will eventually affect every farm.

Critics argue that the law does not go far enough to protect water sources, because it applies only to animal waste, not to pesticides or other farm threats to the environment.

In his report on the tainted-water disaster, Associate Chief Justice Dennis O'Connor noted the shortcoming and suggested that the legislation be broadened.

He also suggested that the Environment Ministry be the lead agency when it comes to water-source protection.

The government has refused.

"Obviously, Environment doesn't know what best practices should be, because they don't deal with agriculture on a day-to-day basis," Ms. Johns said.
Both opposition parties voted against the law.

"We're being asked to support a bill without knowing what is going to be in the regulations," Liberal Steve Peters said.

Jack Wilkinson of the Ontario Federation of Agriculture said farmers realize a law is needed to avoid a situation such as that in the Netherlands, where there are too many animals and vast quantities of excess manure.

"There's a lot of farmers out there who are very nervous," Mr. Wilkinson said. "If this is done wrong, it could very critically hurt their competitiveness."

The province will have to come up with money to help farmers meet the regulations because it's all but impossible to pass the costs onto consumers, given the global nature of many commodities, Mr. Wilkinson said.

The province is setting aside $500-million over the next two years to help municipalities upgrade drinking-water systems, and that kind of program needs to be in place for farmers, he said.

"As a farm community we'd like the same respect."

Ms. Peters said the government has ignored Judge O'Connor's recommendation to include financial incentives for farmers to help them comply with the law.

Progressive Conservative Bill Murdoch, a cattle farmer, agreed that the cost of meeting the regulations will be crucial.

"This could be the same sort of a boondoggle," he said in reference to the tough rules surrounding drinking water that have left many smaller municipalities struggling.

EBR C of A Posting

The Ontario Ministry of the Environment is taking comments on how Certificates of Approval for waste management are updated. This includes sewage sludge and paper sludge, and other Certificates or permits like land fill sites.

Please review and comment before the end of July. The whole EBR posting is listed below:

http://www.ene.gov.on.ca/envision/env_reg/er/documents/2002/
PA02E0007_Waste_Management.pdf

EBR Registry Number: PA02E0007 Type of Posting: Policy
Ministry: Environment Status of Posting: Proposal
Date Proposal Loaded: 2002/05/30
Comment Period: 60 day(s)
Written submissions may be made between May 30, 2002 and July 29, 2002.

----------------------------------------------------------------------
NOTICE OF PROPOSAL FOR POLICY
© Queen's Printer for Ontario, 2002
----------------------------------------------------------------------

Proposal Title:

Protocols for Updating Certificates of Approval for: Sewage Works; Water Works; Air Emissions; and Waste Management


Short Description:

The Ministry of the Environment (the "Ministry") is committed to ensuring its clients and the public have the information they need about Ontario's
environmental protection programs.

The Ministry's Environmental Assessment and Approvals Branch (EAAB) has developed a series of documents to communicate key facts about the
existing process in place for updating Certificates of Approval (CofA) to reflect up-to-date environmental, operational and monitoring and reporting
requirements.

Each document in this series - formally referred to as a "Protocols for Updating Certificates of Approval" - describes the common updating process used for all types of Cs of A and also outlines the specific requirements which are unique for each of the different environmental "media". These include:
- Sewage Works
- Water Works
- Air Emissions
- Waste Management

Each of the Protocols describe the current approach for selecting Cs of A for updating, together with the specific assessment criteria used to determine the scope of the update, and the process that will be followed.


Purpose of the Proposal:

The purpose of the Protocols is to document and communicate to clients in the regulated community and the public the Ministry's existing practices for updating Cs of A. The Protocols provide a common understanding of how and when existing Certificates of Approval (CsofA) are selected and assessed by the Ministry for updating.

The information in the Protocols is intended to help clients and the public understand the updating process, and ensure that it is as effective and efficient as possible for all parties involved.

The Protocols are operational tools to promote consistency and to foster continuous improvement in the current process so that existing Cs of A keep pace with new
environmental protection requirements.


Other Relevant Information:

The following documents are available by clicking below:
1. Protocol for Updating Certificates of Approval for Sewage Works.
2. Protocol for Updating Certificates of Approval for Water Works.
3. Protocol for Updating Certificates of Approval for Air Emissions.
4. Protocol for Updating Certificates of Approval for Waste Management.


Other Public Consultation:

The Protocols are operational tools which document the existing process for updating Certificates of Approval and are being posted on the Environmental
Registry to provide clients in the regulated community and the public with an opportunity to comment.

To update a Certificate of Approval, the Ministry will work and communicate in a transparent manner with the facility owner and fulfill public consultation requirements. When required by the Environmental Bill of Rights, the proposal for the Certificate of Approval application will also be posted on the Environmental Registry for public comment.

Additionally, comments can be sent via e-mail to: Alice.Verbaas at ene.gov.on.ca

Comments should be directed to the following Contact Person:
Alice Verbaas, Senior Program Support Coordinator
Environmental Assessment and Approvals Branch
2 St. Clair Avenue West, 14th Floor
Toronto, Ontario, M4V 1L5
PHONE: (416) 314-8341 FAX: (416) 314-8452
Some Government offices have additional information on this proposal for viewing. These are listed below:


Environmental Assessment and Approvals Branch
2 St. Clair Avenue West
Floor 12A, Toronto, Ontario, M4V 1L5
PHONE: (416) 314-8001 FAX: (416) 314-8452
Additional material in support of this notice is available by clicking the following hyperlink(s):

http://www.ene.gov.on.ca/envision/env_reg/er/documents/2002/
PA02E0007_Sewage_Works.pdf

http://www.ene.gov.on.ca/envision/env_reg/er/documents/2002/
PA02E0007_Water_Works.pdf

http://www.ene.gov.on.ca/envision/env_reg/er/documents/2002/
PA02E0007_Air_Emissions.pdf

http://www.ene.gov.on.ca/envision/env_reg/er/documents/2002/
PA02E0007_Waste_Management.pdf

All comments will be considered as part of the decision-making by the Ministry if they:
(a) are submitted in writing;
(b) reference the EBR Registry number; and
(c) are received by the Contact person within the specified comment period.

** No acknowledgment or individual response will be provided to those who comment. All comments & submissions received will become part of the
public record. **

Accelerating Environmental Farm Planning in Canada

ACCELERATING ENVIRONMENTAL FARM PLANNING IN CANADA
June 24, 2002
Agriculture and Agri-Food Canada - Press Release
http://www.agr.gc.ca/cb/news/2002/n20624be.html



CONTEXT

In June of last year, Ministers of Agriculture agreed to work towards a comprehensive plan for accelerated environmental action, fully covering all Canadian farms, that will help achieve measurable and meaningful environmental goals in the areas of water, air, soil and biodiversity.

In the Budget Speech of December 2001, the Government confirmed that it will provide the federal share of the long-term, predictable funding to move the sector beyond crisis management and make it more profitable and prosperous.

The federal government is working hard with its provincial counterparts and producers, to reach a common understanding of how this commitment will be reflected and implemented. This understanding includes a nationally consistent approach to Environmental Farm Plans (EFPs) across Canada.

The commitment of $100 million in federal funding covers four fiscal years starting in 2003 and will help the sector accelerate and implement farm planning efforts expected under the Agricultural Policy Framework. It will allow farmers and Canadians to reap environmental benefits and help minimize the cost to farmers of doing EFPs and of taking corrective action.

The latest discussions between the federal government and the provinces point to one possible approach to doing this: nationally consistent farm planning that would begin with completing a Basic Environmental Scan on all farms in Canada. It would identify farms and regions that require corrective action. The Basic Environmental Scan would involve a preliminary examination of key agricultural factors that may pose risks to, or provide benefits for, the air, soil, water, and biodiversity.

As a second step, farms for which the scan points to the need for significant corrective action, would either complete an Environmental Farm Plan or an Equivalent Environmental Plan (regional plan). (See the definitions of each in the last page of this backgrounder.)

This approach would promote environmental awareness among farmers. It would also help them assess and mitigate the environmental risks and benefits of agricultural operations. And, it would encourage the adoption of environmentally beneficial practices through better management of nutrients, pests, land and water, and biodiversity.

A nationally consistent approach is important because it lays the foundation for branding Canadian agricultural goods and services as environmentally-friendly products, providing farmers with a strong tool to secure world markets.


BACKGROUND

The Government of Canada, the provinces and producer groups have supported improved environmental practices on farms through a range of programs. Since the early 1990s this has included environmental farm planning programs (EFPs). An EFP enables farmers to identify environmental concerns about their operations and allows them to set realistic goals to improve environmental performance on their farms.

About eight per cent of all farms have some kind of on-farm environmental planning. Some provinces, like Ontario, have fully operational EFP programs. Others, like Alberta, are currently testing them. Most provinces have identified the need to develop their programs further by, for example, long-term financial support, access to technical expertise, or better monitoring of results.

Ontario, Alberta, Newfoundland, Prince Edward Island and New Brunswick have chosen an approach to EFP where farmers attend an information workshop,
conduct a self-assessment of their farming operations using a workbook, and complete an action plan. Nova Scotia developed an approach to EFP where
an EFP program coordinator and an agricultural engineer visit the farm to help the farmer identify risks and develop an action plan. QuÈbec also has a different approach. Farmers belong to an advisory club (Club Conseil) where they discuss environmental issues and have access to an agronomist who advises them on improving farm environmental management.

Participating farmers say EFPs increase their environmental awareness and knowledge, show them more environmentally responsible farming practices, help them identify environmental risks and give them better access to more information and expertise. While difficult to measure, EFPs have led to on-farm improvements and change in practices that help reduce the negative impact of farming on the environment.

EFP can also bring benefits to farmers like funds for new activities or modifying current practices, advisory services or to technical support and marketing advantages. Many also see the EFP as a way to demonstrate environmental stewardship to Canadians and enhance the reputation of the agricultural sector.
The concept of using EFPs is accepted nationally. Nearly all current participants in EFP programs want to continue their involvement and would like to see them further reinforced financially. Most support actions like making EFPs more effective by providing public funds as an incentive for adopting new practices.



DEFINITIONS OF ENVIRONMENTAL PLANNING USED IN THE APF


Environmental Farm Plan (EFP): A tool used to systematically and comprehensively identify all actual and potential environmental risks and benefits from agricultural operations, and to develop a plan of action to mitigate priority risks and realize benefits. Includes independent review and documentation covering progress and data on implementation.

Basic Agri-environmental Scan: A Basic Environmental Scan means a tool used to identify those farms requiring corrective environmental action, based
on a preliminary examination of key agricultural factors that may pose environmental risks or provide benefits to air, soil, water, and biodiversity. Additional work is needed to define this concept and develop appropriate tools. However, a Basic Scan may constitute the initial step (risk assessment) of an EFP, or be undertaken through other tools, such as environmental scanning tools used by some banks to determine whether a farm is at risk of environmental liability.
Equivalent Environmental Plan (regional plan): An Equivalent Environmental Plan means a tool that has similar characteristics to an environmental farm plan, implemented by an organized group of producers on a multi-farm basis over a specified geographic area, such as a watershed or other ecological area. Examples may include "Club Conseils" in Quebec, or watershed management projects which involve coordinated actions by farmers to address environmental concerns.