The Nutrient Management Act what do those regulations mean A Municipal and Farmer Perspective

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The Nutrient Management Actwhat do those
regulations meanA Municipal and Farmer
Perspective

• Information Session sponsored
• by Stone Mills Council and the
• Agricultural Committee
• January 23, 2003
• Wayne Caldwell
• University of Guelph, Rural Planning
  Development,
• County of Huron, Planning Development
• (www.waynecaldwell.ca)

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Recent Newspaper Headlines

• Concern over increased livestock operations
  Could Huron become
  toilet of Ontario?
  (Huron Expositor August 6/97)
• Proposed Dunnville sow operation undeterred by
  persistent protesters (Ontario Farmer
  July 9 2002)
• Private Members Bill Tackles mega Hog Farm
  Threats (Ontario Farmer July 2, 2002)
• Pork board launches p.r. effort aimed at
  neighbours (Ontario Farmer
  April 9 2002)

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What are some of the key trends in agriculture
the rural community?

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Key Myths
Myth There is significantly more livestock in
Ontario today than 10 years ago
Fact Livestock numbers increased by less than 1
(1991 - 2001) decreased by 23 (1981 - 2001)
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Total Nutrient Units in Ontario (1976-2001)
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Nutrient Units by Livestock Type (Ontario
1976-2001)
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Myth Big is Bad
Fact Not Necessarily. While controversial,
research tends to indicate that large operations
have higher environmental standards than small
facilities.
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Myth Bill 81 will put the screws to large
operations
Fact The impacts of the legislation are likely to
be more difficult for small rather than large
operations.
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Myth Under Bill 81 municipalities wont have a
role
Fact Phasing in period Continued Planning for
Agriculture smaller operations unknowns
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Myth Bill 81 will reduce conflict in the rural
community
Fact (opinion!) People will still challenge the
science behind Bill 81 and attempt to influence
local and provincial policies, etc.
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Trends in Agriculture

• Increasing Size Scale of Production
• Specialization
• Efficiencies of Production

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Chicken Production (Ontario)

• Between 1951 and 1991
• Meat production increased from 45 to 299 M Kg.
• The land base required to produce chickens
  increased from 96,150 to 117,226 hectares
• Feed efficiency (Kg of feed/ Kg of chicken)
  improved from 6 to 1.85
• The amount of manure generated to produce 1 Kg
  of chicken dropped from 12.6 Kg to 3.88 Kg.

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Trends in Agriculture

• Farming as Business
• International Market Place
• Change in the family farm
• Environmental Liability

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Trends in Agriculture
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Change in the Rural Community
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In Ontario

• We grew from 9 million in 1985
• to 11.5 million in 2000 and we anticipate
  another 3 million people in the year 2021

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Change in the Rural Community

• Change in Rural Demographics
• - rural, farm and non-farm development
• The Countryside As A Common Resource
• Environmental Awareness, Liability, Regulation
  and Politics
• An Evolving Agricultural Industry
• Normal Farming Practices
• Agriculture Versus Other Development

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From Grace Factory Farm Project Website
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Bill 81 Before and After Constraints on
Municipalities
Jurisdictional Constraints Public Rights
Enforcement Issues Public Political Support
Protecting Agriculture Maintaining
Competitiveness Provincial Policy / Direction
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10 General Directions Established by the
Legislation (or Regulations)

• Mandatory NMPs
• Definitions (Nutrients Agricultural Operations)
  
• Broad Powers to Make Regulations

• Licensing and Certificates (in relation to
  application of manure)

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• Appropriate geophysical studies (soils
  groundwater )
• Registry of NMPs and Land base
• Clear authority for enforcement, fines, etc.
  (appeal to tribunal)
• OMAFRA vs. MOE - different sized operations
  treated differently

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• Local committees mediation
• Section 61(1) A regulation supersedes a by-law
  of a municipality or a provision in that by-law
  if the by-law or provision addresses the same
  subject matter as the regulation
• Other

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Some of the Key Regulations (phase 1 2 Phase 3
still to come)

• 9 categories of farms (1-4 livestock)
• April 2003 all new and expanding livestock
  operations (class I-IV)
• Short Version NMS/NMP for low risk category 1, 2,
  5, 7 and 8 (10 questions)

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• No approval but Random Audits for Low Risk
• 2 year capture zone for municipal wells
• Site characterization studies
  (liquid I-IV)
• 3 m. Buffer surface water

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Some of the Key Regulations
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Some of the Key Regulations

• Winter spreading
• Tile drains
• Outdoor livestock confinement
• 240 days storage minimum
• Training and licencing
• Odour Considerations

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Some of the Key Regulations

• April, 2003
• Land Application Standards- all farms
• Application rates
• Setbacks wells, residences, etc.
• Winter spreading
• Monitor drains
• New and expanding (1-4) need NMP, NMS, adequate
  storage and 3 m permanent buffer

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What have been some of the key issues in this
area concerning the regulations?
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Nutrient Management PlanningIndicators of
Success

• Improved On-Farm Stewardship Management
• Fewer Environmental Concerns
• Reduced Conflict
• Viable Growing Agricultural Sector

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Items that seem to be causing controversy

• Complexity and length
• No Caps
• Odour standards
• Depth to Bedrock
• Cost
• Winter spreading
• Other.

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Nutrient Management Planning Probable Outcomes

• Debate - Provincial vs. Municipal Role
• The Nutrient Management Act
• 61(1) A regulation supersedes a by-law of a
  municipality or a provision in that by-law if the
  by-law or provision addresses the same
  subject-matter as the regulation.
• The Planning Act
• 71. Conflict. In the event of conflict between
  the provisions of this and any other general or
  special Act, the provisions of this Act prevail.

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Nutrient Management Planning Probable Outcomes

• Municipal role building permits, phase-in,
  smaller operations, site plan approval, MDS,
  delegation, mediation, etc...
• More equitable standards across the province
• An overall benefit to the environment (more
  rigorous rules) to agriculture (more
  predictable rules)

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Nutrient Management Planning Probable Outcomes

• Potentially more restrictive than current legal
  framework allows municipalities to be
• Logistics of implementation
• The basis to make people happy and the basis to
  make people mad!

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Nutrient Management Planning Probable Outcomes

• Municipalities less involved in NIMBY debates (
  the province more so)
• Public antagonism (loss of local control)
• So much depends on final decisions re. regulations