Regulation - LGIC

An improved regulatory framework for the management of non-agricultural source materials (NASM).

Regulation Number(s):
O. Reg. 267/03
Instrument Type:
Regulation - LGIC
Bill or Act:
Environmental Protection Act (EPA)/Nutrient Management Act, 2002 (NMA)
Summary of Proposal:
The Ministry of the Environment (MOE) and the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) have undertaken a two-stage initiative to improve the regulatory framework governing application of non-agricultural source material (NASM) on agricultural land. This posting describes the proposed second stage of the regulatory improvements under this initiative.

The proposed framework for the management of NASM focuses on the quality of the material being land applied, building on standards that already exist for NASM in the Nutrient Management Regulation, and expanding the existing framework to include greater detail and a wider range of alternatives for NASM. The framework is proposed to cover all the agricultural land where NASM will be applied in Ontario, as opposed to just those farms that are already required to have a nutrient management strategy.

This proposed framework will introduce the requirement for a field specific nutrient management plan prepared by a certified person when NASM application is going to occur. These field level plans will identify all farm fields that will receive NASM and will provide details on how the NASM is to be applied to optimize the nutrient benefit and minimize adverse environmental impact.

The revised framework creates six (6) categories of NASM. Each category determines the level of approval required for nutrient management strategies and plans for the materials within that category. In addition to the basic categorization, NASM is also sub-categorized based on the concentration of metals, pathogen content and odour annoyance potential. The standards for land application and storage of NASM are based on these metal, pathogen and odour characterizations.

In conjunction with the establishment of the revised NASM framework are exemptions from approval requirements under the EPA for a Waste Management System Certificate of Approval for the broker/hauler of the NASM, and for an organic soil conditioning site Certificate of Approval for a site where the NASM will be land applied. These EPA exemptions will be conditional on meeting the standards set out in O. Reg. 347, General Waste Management, made under the EPA.
Further Information:
Proposal Number:
Posting Date:
September 17, 2007
Comments Due Date:
January 5, 2008