Wednesday, August 21, 2002

ONTARIO TO CONSULT ON NUTRIENT MANAGEMENT REGULATIONS

The following is the government's press release announcing consultation on the much-anticipated regulations under the new Nutrient Management Act.

The media backgrounder is below the press release.

The EBR posting is below that. The deadline for comments is October 19, 2002.



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Queen's Park Watch on the H2infO web site at www.H2infO.org has links to the text of the Act and the EBR posting as well as comments on the Act from groups such as the Canadian Environmental Law Association, Sierra Legal Defense Fund, Christian Farmers Federation of Ontario and Conservation Ontario.



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PRESS RELEASE

For immediate release
August 20, 2002

ONTARIO TO CONSULT ON NUTRIENT MANAGEMENT REGULATIONS
TORONTO - The Ernie Eves government is moving forward on its pledge to ensure clean, safe drinking water in the province by launching public consultations on regulations under the new Nutrient Management Act, Minister of Agriculture and Food Helen Johns and Minister of Environment and Energy Chris Stockwell announced today at the Association of Municipalities of Ontario's annual conference.

"We're committed to implementing regulations as quickly as possible that will protect our water and the environment as well as maintain the competitiveness of our agri-food industry," said Johns. "At the same time, we want to get them right, which means taking the time to obtain input from farmers, environmentalists, municipalities and others."

"Our government is committed to ensuring that Ontario has, and enforces, the best clean water policies in the world," said Stockwell. "We are committed to implementing all of Commissioner O'Connor's recommendations. The government's nutrient management strategy will form part of the water protection system envisioned by Commissioner O'Connor."

The Act, passed on June 27, 2002, enhances the protection of Ontario's water resources by minimizing the effects of agricultural practices on the environment, especially as they relate to land-applied materials containing nutrients. The protections outlined in the legislation are consistent with Commissioner Dennis O'Connor's recommendations in the Report of the Walkerton Inquiry Part Two.

Consultations will be held in at least three stages, with each stage involving the posting of draft regulations on the Environmental Bill of Rights information registry (http://www.ene.gov.on.ca/envision/env_reg/er/registry.htm ), as well as the Ministry of Agriculture and Food's and Ministry of Environment and Energy's Web sites (www.ene.gov.on.ca and www.gov.on.ca/omaf ).

Stage one will focus on:

a.. content requirements for nutrient management plans (NMPs), which set out the best ways to use nutrients in manure, commercial fertilizers and other nutrient-rich materials in order to maximize economic benefits while minimizing environmental effects.
b.. the categories of livestock operations that will be required to prepare these NMPs
A series of province-wide public consultation meetings will be led by Ministers Stockwell and Johns and government staff. The dates and locations of the meetings will be posted on both ministries' Web sites in the near future.

Stage two consultations will begin in October 2002, and will include other regulations that address the specifics contained in most municipal nutrient management plan by-laws. Stage three consultations will include regulations dealing with livestock access to waterways, manure haulage and transfer, and washwater and dead animal disposal.

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Contacts:

Derek Nelson
Minister Johns' Office
(416) 326-3861

Heather Capannelli
Minister Stockwell's Office
(416) 314-6742

John Steele
Ministry of Environment and Energy
(416) 314-6666



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MEDIA BACKGROUNDER

August 20, 2002

CONSULTATIONS ON DRAFT REGULATIONS UNDER NUTRIENT MANAGEMENT ACT
The Nutrient Management Act received Royal Assent in the Ontario Legislature on June 27, 2002. As part of the Ontario government's Clean Water Strategy, the Act provides 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 Act 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 aligns with Commissioner Dennis O'Connor's Report of the Walkerton Inquiry Part Two and builds on the government's Smart Growth Strategy, which calls for well-planned and environmentally sensitive development.

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

The government has pledged to move quickly to develop and implement regulations under the Nutrient Management Act.

Developing regulations

The government will use the O'Connor report and the results of further stakeholder consultations to develop regulations that incorporate standards and best practices to ensure both the best possible protection for the environment and the continued economic viability of farming in Ontario

Consultations will be held in at least three stages, with each stage involving the posting of draft regulations on the Environmental Bill of Rights information registry (http://www.ene.gov.on.ca/envision/env_reg/er/registry.htm), as well as the Ministry of Agriculture and Food's and Ministry of Environment and Energy's Web sites (www.ene.gov.on.ca and www.gov.on.ca/omaf ). These postings will be followed by public consultation meetings:

Stage one, beginning August 20, 2002, includes a draft regulation covering:

A. The content of nutrient management plans (NMPs), including farm identification and location; a farm map and site plan; details of the types of nutrients used on the farm; field by field information such as soil tests, nutrient allocations, and crop rotations; manure and biosolids applications; and contingency plans to address such things as spills and severe weather. B. The categories of agricultural operations that will be required to prepare these NMPs, and when. Categories would be based on nutrient units: The number of animals housed or pastured at one time that produce enough manure to fertilize one acre of crops under the most limiting of either nitrogen or phosphorus.

a.. Category IV livestock operations would have 300 nutrient units or more, meaning more than 150 dairy cows or 1,800 finishing pigs. This requirement for a nutrient management plan would apply to new or expanding operations in March 2003, and to existing operations in 2004.
b.. Category III livestock operations would have 150 to 300 nutrient units, or 75-150 dairy cows or 900-1,800 finishing pigs. The requirement for a nutrient management plan would apply to new or expanding operations in March 2003, and to existing operations in 2005.
c.. Category II livestock operations would have 30-150 nutrient units, or 15-75 dairy cows or 180-900 finishing pigs. The requirement for a nutrient management plan would apply to new and expanding operations in March 2003, to existing operations that generate liquid manure in 2005, and to other existing operations in 2008.
d.. Category I livestock operations would have less than 30 nutrient units, or fewer than 15 dairy cows or 180 finishing pigs. This requirement would apply to new or expanding operations in March, 2003, and to existing operations in 2008.
e.. All other agricultural operations, including non-livestock, would be required to submit nutrient management plans in 2008.
Locations and times of the public consultation meetings will be posted on the Ministry of Agriculture and Food and Ministry of Environment and Energy internet sites in the near future.

Stage two will include other regulations that address the specifics contained in most municipal Nutrient Management Plan by-laws. These include construction and siting of barns and manure storages; land application; biosecurity; local advisory committees; feedlot operations; the content requirements of nutrient management strategies for municipalities and other non-farm industries that apply nutrients to land; setback distances for applying nutrients around water ways and other sensitive features; restrictions for spreading nutrients on snow-covered or saturated land; MOEE's land application program review; MOEE's strategy for the five-year phase-out of the application of untreated septage.

Consultation meetings are expected to begin in October, 2002. These regulations are expected to be in force in March 2003.

Stage three will include regulations dealing with livestock access to waterways; manure haulage and transfer; and washwater and dead animal disposal.

As continuous improvements are made in nutrient management, with advances in technology and best practices, more regulations may be drafted and consultations held.

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Contacts:

Derek Nelson
Minister Johns' Office
(416) 326-3861

Heather Capannelli
Minister Stockwell's Office
(416) 314-6742

John Steele
Ministry of Environment and Energy
(416) 314-6666




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EBR Posting


EBR Registry Number: RC02E0001 Type of Posting: Regulation
Ministry: Agriculture, Food and Rural Affairs Status of Posting: Proposal
Date Proposal Loaded: 2002/08/20
Comment Period: 60 day(s)
Written submissions may be made between August 20, 2002 and October 19, 2002.


NOTICE OF PROPOSAL FOR REGULATION

© Queen's Printer for Ontario, 2002
Proposal Title:

Stage 1 Draft Nutrient Management Regulations under the Nutrient Management Act

Regulation or Bill Number: Bill 81

Short Description:

The Stage 1 draft regulations and protocols under the Nutrient Management Act specify the content requirements for nutrient management plans and strategies for prescribed agricultural operations. They also propose categories of farm operations, and the dates that new, expanding and existing operations in each category would be required to have approved nutrient management plans and / or strategies.

Purpose of the Proposal:

The purpose of the Stage 1 draft nutrient management regulations and protocols is to specify:
"X content requirements for nutrient management plans (NMPs) and nutrient management strategies (NMSs) for farm operations, which set out the best ways to use nutrients (mainly potassium, phosporus and nitrogen) in manure, commerical fertilizers and other materials in order to maximize economic benefits while minimizing environmental effects; and
"X the categories of farm operations which will require these NMPs and NMSs, and dates when they will require them.


Other Relevant Information:

NEWS RELEASE, BACKGROUNDER, DRAFT REGULATION AND PROTOCOLS AND OTHER SUPPORTING DOCUMENTATION

The following documentation can be viewed by clicking on one of the two URL links listed below. Links to both french and english versions of the documents are provided. You may also access these documents by going directly to the Ministry of Agriculture and Food website (http://www.gov.on.ca/OMAF).

1) News Release concerning draft nutrient management regulations
2) Backgrounder
3) Draft Regulation and Protocols
4) Background Information on Nutrient Management and Intensive Agricultural Operations

For additional information concerning the above documents, please contact George Garland, Manager of Engineering & Technology programs with the Ontario Ministry of Agriculture and Food at 519-826-3560, fax 519-826-3259 or via email at george.garland at omaf.gov.on.ca

PUBLIC CONSULTATION MEETINGS ON STAGE 1 REGULATIONS
A series of regional meetings will be held during August and September. Specific dates and locations will be posted on the Ministry web site.

KEY ACTIVITIES/REPORTS/ANNOUNCEMENTS

JANUARY 2000
Government consultation on intensive agricultural operations

APRIL 2000
Task force report on consultation

JULY 2000
Minister of Agriculture, Food and Rural Affairs releases task force report and supports province-wide standards for farm practices

JULY 2000
Environmental Commissioner of Ontario releases preliminary report on water quality and intensive agricultural operations

SEPTMEBER 2000
Ministers of Agriculture, Food and Rural Affairs, Environment, and Municipal Affairs and Housing hold stakeholder consultation workshop on intensive agriculture

OCTOBER 2000
Environmental Commissioner of Ontario releases Annual Report

JUNE 2001
Bill 81, Proposed Nutrient Management Act, introduced into Ontario Legislature for 1st reading.
SEPTEMBER 2001
Public legislative hearings on Bill 81.
JANUARY 2002
Release of Part 1 report of Walkerton Inquiry
MAY 2002
Release of Part 2 Report of Walkerton Inquiry
JUNE 2002
Bill 81, the Nutrient Management Act, receives 3rd reading and Royal Assent.

Please refer to Ministry's website for additional information concerning nutrient management and previous public consultations on the matter.
Other Public Consultation:
Information concerning public consultations on Stage 2 and 3 regulations will be posted as it becomes available.
Comments should be directed to the following Contact Person:
George Garland, Manager, Engineering and Technology
Resources Management , Ministry of Agriculture and Food
1 Stone Road West, 3rd Floor South
Guelph, Ontario, N1G 4Y2
PHONE: (519) 826-3560 FAX: (519) 826-3259
Some Government offices have additional information on this proposal for viewing.
These are listed below:
Strategic Policy Branch, Ministry of Agriculture and Food
77 Grenville Street, 10th floor
Toronto, Ontario, M5S 1B3
PHONE: (416) 326-3206 FAX: (416) 325-1156
Resources Management, Ministry of Agriculture and Food
1 Stone Road West, 3rd floor South
Guelph, Ontario, N1G 4Y2
PHONE: (519) 826-4120 FAX: (519) 826-3259


Other Public Consultation:

Information concerning public consultations on Stage 2 and 3 regulations will be posted as it becomes available.

Comments should be directed to the following Contact Person:

Policy Advisor
Strategic Policy Branch
77 Grenville Street
Toronto, Ontario, M5S 1B3
PHONE: (416) 326-5974 FAX: (416) 325-1156
Additional material in support of this notice is available by clicking the following hyperlink(s):


http://www.gov.on.ca/OMAF/english/agops/index.html
http://www.gov.on.ca/OMAF/french/agops/index.html

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. **



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