Current Status:

First Reading Wednesday, June 13, 2001
First committee Justice Wednesday, November 28, 2001
Second Reading Monday, May 13, 2002
Committee Tuesday, June 04, 2002 (Reported to the House)
Third Reading Wednesday, June 26, 2002
Royal Assent Thursday, June 27, 2002

Explanatory Note
Extracted from text of bill.

The Bill deals with the management of materials containing nutrients which include materials such as manure that are applied to land for the purpose of improving the growing of agricultural crops or for the purpose of a use specified by regulation. Nutrients do not include any material that the regulations specify does not come within the definition. The Bill does not affect the application of the Environmental Protection Act, the Ontario Water Resources Act or the Pesticides Act.

Part I. Any Minister responsible for a provision of the Bill may, for the purposes of the Bill, appoint Directors or analysts or designate provincial officers.

Part II. The Lieutenant Governor in Council has broad powers to make regulations establishing standards respecting the management of materials containing nutrients or establishing standards respecting farm practices and other uses to be followed with respect to those materials. Farmers and other persons are required to comply with the standards established by regulation. For example, the regulations may require persons to hold a certificate if they carry out prescribed management practices, to have a licence if they are engaged in the business of applying materials containing nutrients to lands or to obtain an approval for their nutrient management plans or strategies. The regulations can also establish local committees to assist in matters specified by the regulations, such as the mediation of disputes in connection with the management of materials containing nutrients on lands.

The Lieutenant Governor in Council is also authorized to make other regulations, including regulations respecting farm animals and regulating the use of prescribed nutrients on lands used for the production of prescribed crops.

Part III. A person is entitled to request a hearing by the Environmental Review Tribunal whenever a Director issues, refuses to issue, amends, suspends or revokes a certificate, licence, approval or order under the Bill. There is a further right of appeal to the Divisional Court and the Minister responsible for the administration of the Bill.

Part IV. A provincial officer is entitled, without a warrant or court order, to enter and inspect any land or premises related to an agricultural operation or other operation affected by the Bill or to inspect a vehicle or vessel. A provincial officer may also obtain a court order for an inspection.

A provincial officer or Director may make orders to prevent, decrease or eliminate an adverse effect resulting from the discharge of materials containing nutrients into the natural environment. By way of information, the Supreme Court of Canada in R. v. Canadian Pacific Ltd., (1995) 125 D. L. R. (4d) 385 (S.C.C.) held that a discharge had to be of some significance to constitute an adverse effect; it was not an adverse effect if it posed only a trivial or minimal threat.

A provincial officer or Director may also make orders requiring persons to comply with the Bill, the regulations or a certificate, licence or approval. A person to whom an order made by a provincial officer is directed may request a Director to review it. If the Director does not review it within seven days of receiving a request, the Director is deemed to have made an order confirming the order of the provincial officer.

Part V. If a preventive order or compliance order that requires a person to do work has not been stayed, a Director may cause the work to be done in a number of cases, including where it is in the public interest. The person whom the order required to do work shall not do it without the permission of the Director. The Director may make an order requiring the person to pay the costs of having the work done. The amount of the costs can be recovered as taxes against real property owned by the person.

Part VI. A Director may levy an administrative penalty against a person who, in the opinion of the Director, has contravened the Bill, the regulations, an order except an order to pay costs or a condition of a certificate, licence or approval. The maximum amount of the penalty is $10,000 for each day or part of a day on which the contravention continues. The person is entitled to a hearing by the Environmental Review Tribunal. The Minister responsible for the administration of the Bill may apply for a court order restraining a person from continuing the contravention. In addition, a person who commits the contravention is guilty of an offence, but cannot be prosecuted if the administrative penalty for the contravention is paid.

Part VII. The Minister responsible for the administration of the Bill can, by agreement, delegate to other persons any of the powers and duties relating to any prescribed matter, except for a matter under Part IV, V or VI. There is certain protection from liability for the Crown, the Minister, employees of the Ministry and other persons with respect to acts or torts of persons including delegates.

Part VIII. There are complementary amendments to other Acts, such as the Environmental Protection Act, the Ontario Water Resources Act and the Pesticides Act, with respect to matters such as inspections and offences.