Manure Regulation

Manure Regulation, M.R. 124/2007 The Pesticides and Fertilizers Control Act , C.C.S.M. c. P40 Regulation 124/2007 Registered September 17, 2007 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions 1.1 Exemption of composted solid manure PART 2 MANURE APPLICATORS 2 Prescribed manure threshold: off-farm manure applicators 3 Manure applicator licences 4 Repealed 4.1 Changes in status of trained individual 5 Licence not transferable 6 Licence fee 7 Term of licence 8 Renewal of licences 9 Licence holder must provide information 10 Suspension or cancellation of licences 11 Licence appeals 12 Insurance requirements for licences 13 Records re manure application 13.1 Records re in-house training 14 Repealed 14.1 In-house training of manure handlers 14.2 Supervising activities under a commercial manure applicator licence PART 3 Repealed 15 Repealed PART 4 COMING INTO FORCE 16 Coming into force Schedule PART 1 INTERPRETATION Definitions 1 The following definitions apply in this regulation. "Act" means The Pesticides and Fertilizers Control Act . («  Loi  ») "advisory committee" means the Pesticides and Fertilizers Advisory Committee appointed under section 6 of the Act. (« Comité consultatif ») "designated residential area" means an area of land that is designated as a residential area in a development plan or basic planning statement, within the meaning of The Planning Act . (« secteur résidentiel désigné ») "director" means the Director of Crops, Manitoba Agriculture, Food and Rural Initiatives. (« directeur ») Exemption of composted solid manure 1.1(1) In this section, " Test Methods for the Examination of Composting and Compost " means Test Methods for the Examination of Composting and Compost , published by the U.S. Department of Agriculture and U.S. Composting Council Research and Education Foundation. 1.1(2) Composted solid manure is exempted from the definition "manure" in section 1 of the Act if the manure has a maturity rating of mature or very mature on the California Compost Quality Council Maturity Index (CCQC Maturity Index), described in Section 05.02 "Indicator Ratios" of Test Methods for the Examination of Composting and Compost , determined in accordance with subsection (3). 1.1(3) For the purpose of subsection (2), (a) the maturity rating of the composted solid manure must be (i) assessed in accordance with Method 05.02-G, described in Paragraph 20 of Section 05.02 "Indicator Ratios" of Test Methods for the Examination of Composting and Compost , and more specifically, in the manner described in Paragraph 20.5 and Figure 05.02-G2 of that Section, and (ii) based on a determination of the manure's relative stability and maturity, as described in Tables 05.02-G3 and 05.02-G4 of that Section, by the combination of test methods described in paragraph (A) or by the test method described in paragraph (B): (A) Method 05.08-B, described in Section 05.08 "Respirometry" of Test Methods for Examination of Composting, and Compost and Method 04.02-C, described in Section 04.02 "Nitrogen" of that publication, (B) Method 05.08-E, testing for rate of closed headspace carbon-dioxide release and closed headspace ammonia release, described in Section 05.08 of Test Methods for Examination of Composting and Compost ; and (b) the methods described in paragraphs (a)⁠(ii)⁠(A) and (B) must be conducted in accordance with the specifications for each method described in Section 04.02 or 05.08 of Test Methods for Examination of Composting and Compost . 1.1(4) A reference in this section to Test Methods for the Examination of Composting and Compost is reference to that publication as amended from time to time and to any replacement publication. If a Section, Paragraph, Table or Figure referred to in this section is renumbered, renamed or replaced, the reference in this section is deemed to refer to the renumbered or renamed Section, Paragraph, Table or Figure or to the replacement. M.R. 141/2012 PART 2 MANURE APPLICATORS Prescribed manure threshold: off-farm manure applicators 2 For the purposes of subclauses (a)⁠(i) and (b)⁠(i) of the definition "off-farm manure applicator" in section 1 of the Act, the prescribed amount for any kind of livestock is 300 animal units. Manure applicator licences 3(1) The following classes of licences may be issued: (a) commercial manure applicator — liquid manure; (a.1) commercial manure applicator — liquid manure transportation only; (b) commercial manure applicator — solid manure; (b.1) commercial manure applicator — solid manure transportation only; (c) off-farm manure applicator — liquid manure; (d) off-farm manure applicator — solid manure. 3(1.1) A licence referred to in clause (1)⁠(a.1) or (b.1) does not authorize the holder to carry on any other activity in relation to manure other than transporting it. 3(2) A person who wishes to obtain a commercial manure applicator licence or off-farm manure applicator licence must (a) submit an application to the director on a form approved by the director containing or accompanied by the information that the director requires; (b) provide the director with any further information that the director requires before issuing the licence; (c) pay the fee set out in section 6; and (d) subject to subsection (3.1), comply with subclause (3)⁠(a)⁠(i) or (ii) or clause (3)⁠(b), as may be applicable. 3(3) If the director requires training for individuals applying for a class of licence listed in subsection (1), a person who wishes to obtain a licence of the class and who (a) is an individual must (i) successfully complete a training course approved by the director and provide the director with evidence, acceptable to the director, of that successful completion, or (ii) employ an individual who has successfully completed a training course approved by the director and provide the director (A) with the name of the trained individual, his or her business contact information and details of his or her employment with the person, and (B) with evidence, acceptable to the director, that the trained individual has successfully completed the course, is employed by the applicant and is expected to be employed for the foreseeable future; or (b) is not an individual must (i) either (A) employ an individual, or (B) have an individual as one of its owners or part of its management, who has successfully completed a training course approved by the director, and (ii) provide the director (A) with the name of the trained individual, his or her business contact information and details of his or her employment or other position with the person, and (B) with evidence, acceptable to the director, that the individual has successfully completed the course and that the individual is employed by the applicant, is one of its owners or part of its management, and is expected to continue in that position for the foreseeable future. 3(3.1) An individual who applies for a commercial manure applicator licence or off-farm manure applicator licence is not required to comply with clause (3)⁠(a) if the individual holds a valid certification as a manure applicator issued by a regulatory body in a Canada. 3(3.2) In subsection (3.1), "certification" and "regulatory body" have the same meaning as in section 2 of The Labour Mobility Act . 3(4) The director may approve different training courses for different classes of licence. 3(5) The director is to refer the application to the minister for a decision whether to issue the licence. 3(6) The minister may issue or refuse to issue a licence. 3(7) The minister may issue a licence to a person if (a) the person complies with subsection (2); and (b) the minister is satisfied that the person will carry out the person's activities under the licence in accordance with any licence conditions, with the Act and this regulation and with other Acts and regulations that apply to the activities. 3(8) The minister may, when issuing a licence under this section or by written notice at any time, impose on the licence any conditions that the minister considers appropriate. 3(9) If the minister refuses to issue a licence, the minister must give the applicant a written notice of the refusal, which must give reasons for the refusal. M.R. 141/2012 4 [Repealed] M.R. 141/2012 Changes in status of trained individual 4.1 When a licence has been issued on the basis of training completed by someone other than the licence holder, as provided for in subclause 3(3)⁠(a)⁠(ii) and clause 3(3)⁠(b), the licence holder must, (a) throughout the term of the licence, continue to employ or have as one of its owners or part of its management, an individual who has successfully completed the training required by the director; (b) without delay, notify the director if the trained individual (i) is no longer employed by the licence holder or is no longer one of its owners or part of its management, or (ii) is absent from work for a continuous period longer than one week because of illness, injury or other disability that is expected to continue; and (c) as soon as reasonably practicable after the event described in clause (b), (i) replace the trained individual, in a manner acceptable to the director, with another individual who has completed the training required by the director, and (ii) provide the director with the information and evidence about that other individual that subsection 3(3) requires about a trained individual in relation to a licence application. M.R. 141/2012 Licence not transferable 5 A licence is not transferable. Licence fee 6 The annual fee for a licence, whether it is a new licence or a renewal, (a) is $50 if the expiration date of the licence is December 31, 2012; and (b) is $100 if the effective date of the licence is January 1, 2013 or later. M.R. 141/2012 Term of licence 7 A licence expires on December 31 of the year in respect of which it is issued or renewed. Renewal of licences 8 Sections 3 to 7 apply, with necessary changes, to the renewal of licences. Licence holder must provide information 9 The director may at any time require a licence holder to provide the director with any information the director considers necessary about the licence holder's activities under the licence. It is a condition of the licence that the licence holder must provide the required information to the director within the time he or she requires. Suspension or cancellation of licences 10(1) The director may suspend or cancel a licence by giving a written notice of suspension or cancellation to the licence holder, with reasons, if the director is satisfied that (a) the licence holder obtained the licence through false or misleading information; (b) the licence holder or an employee or other person acting under the licence holder's instructions or control has failed to comply with (i) the Act, this regulation or a condition of the licence, or (ii) another Act or regulation that applies to the licence holder's activities under the licence; or (c) without limiting the application of clause (b), the licence holder is not complying with a requirement of section 4.1. 10(2) Without limiting the application of clause (1)⁠(c), the licence of a licence holder is, subject to subsection (3), automatically suspended without notice if (a) the licence is of a class in respect of which the director requires applicants to be trained if they are individuals; and (b) either (i) the licence holder no longer employs or has as one of its owners or as part of its management an individual who has successfully completed a training course approved by the director that is required for the licence, or (ii) the trained individual on record with the director in relation to the licence as required by this regulation is absent from work for a continuous period longer than one week because of illness, injury or other disability that is expected to continue. 10(3) Despite subsection (2), the director may, for a period of not more than 90 days, allow the licence holder to continue carrying on the activities permitted by the licence if the director is satisfied that (a) the licence holder is taking reasonable steps to replace the trained individual and is otherwise in compliance with all applicable statutory and regulatory requirements, with reasonable allowances for the absence of the trained individual; and (b) it is not in the public interest that the automatic suspension take effect in the circumstances. 10(4) The first day of the 90-day period referred to in subsection (3) is (a) the day on which the licence holder no longer employed or had as one of its owners or as part of its management an individual who had successfully completed a training course approved by the director that is required for the licence; or (b) the first day of the continuous absence referred to in clause (2)⁠(b). M.R. 141/2012 Licence appeals 11(1) A person whose application for a licence or renewal is refused or whose licence is suspended or cancelled may appeal by submitting an appeal notice to the director. Without delay after receiving an appeal notice the director must arrange for the advisory committee to consider the appeal. 11(2) After giving the person an opportunity to be heard or make a written submission, the advisory committee must consider the appeal and (a) uphold the minister's or director's decision; or (b) direct the minister to issue or the director to reinstate the licence. 11(3) Before considering an appeal, the advisory committee may obtain from the director and consider any information the director believes is relevant to the appeal. The advisory committee must disclose this information to the person and give the person an opportunity to respond to it orally or in writing. 11(4) When the advisory committee considers an appeal, it must follow the procedural rules set out in the Schedule. 11(5) The advisory committee's decision about an appeal is final and not subject to further appeal. M.R. 141/2012 Insurance requirements for licences 12(1) Every holder of a commercial manure applicator licence or off-farm manure applicator licence must be covered by insurance for the term of the licence that meets the coverage requirements of clause (3)⁠(a). 12(2) Every person who applies for a commercial manure applicator licence or off-farm manure applicator licence, or a renewal of either, must, before the licence or renewal is issued, provide the director with a certificate of insurance. 12(3) The certificate must certify (a) that the person and anyone working under the person's supervision, instructions or control is covered for public liability and property damage by bond or insurance of not less than $500,000. for any one claim; and (b) any other particulars about the insurance that the director requires. 12(4) A licence holder must inform the director without delay if the insurance is cancelled or altered so that it does not meet the coverage requirements of clause (3)⁠(a). In the event of such a cancellation or alteration, the licence is automatically suspended effective the date of cancellation or alteration. 12(5) If the policy holder of the insurance that covers the licence holder is the licence holder's employer, the licence is automatically suspended if the licence holder's employment terminates. The suspension is effective on the termination date. 12(6) The director may reinstate a licence that is suspended under subsection (4) or (5) if the person obtains new insurance and provides a new certificate of insurance, both of which comply with the requirements of this section. M.R. 141/2012 Records re manure application 13(1) Within 24 hours after a commercial manure applicator licence holder applies manure to land, the licence holder must record (a) the customer's name and mailing address; (b) the date and time of application; (c) the legal description of the land to which the manure is applied, or another description of the land sufficient to allow an inspector to identify the land; (d) the total area of manure application; (e) the kind and total amount of manure applied; and (f) remarks about the application, if any. 13(2) Within 24 hours after an off-farm manure applicator licence holder applies manure to land that the licence holder does not own or lease, he or she must record (a) the name and mailing address of the person who owns the land; (b) the date and time of application; (c) the legal description of the land to which the manure is applied, or another description of the land sufficient to allow an inspector to identify the land; (d) the total area of manure application; (e) the kind and total amount of manure applied; and (f) remarks about the application, if any. 13(3) If an off-farm manure applicator licence holder applies manure to land on behalf of any person in a group of persons described in clause (b) of the definition "off-farm manure applicator" in section 1 of the Act, the licence holder must comply with subsection (2) in respect of any the land that is not owned or leased by a member of the group. 13(3.1) For the purpose of subsections (1) to (3), a licence holder applies manure to land when (a) the manure is applied by the licence holder or at the licence holder's direction or request; or (b) the manure is applied by an owner, manager or employee of the licence holder or by another person on the licence holder's behalf. 13(4) A licence holder must maintain a record made under this section for three years after the manure application that the record relates to. 13(5) Without limiting the application of section 9, the licence holder and the licence holder's officers and employees must, upon request, provide the director or an inspector with access to and copies of any record that is required to be made or maintained under this section. M.R. 141/2012 Records re in-house training 13.1(1) If the director requires training for individuals applying for a class of licence listed in subsection 3(1), the holder of a licence of that class must, in a manner acceptable to the director, record the details of training given as required by section 14.1, including: (a) the name of the individual giving the training; (b) the name of the individual receiving the training and a description of the individual's job description or position with the licence holder; (c) a brief description of the training given; and (d) the date on which the training was given. 13.1(2) A trained individual, on the basis of whose training another person holds a licence under this regulation, has the same responsibilities to record details of training as the licence holder's responsibilities set out in subsection (1). 13.1(3) A licence holder must maintain a record made under this section for three years after the training that the record relates to was completed. 13.1(4) Without limiting the application of section 9, the licence holder and the licence holder's officers and employees must, upon request, provide the director or an inspector with access to and copies of any record that is required to be made or maintained under this section. M.R. 141/2012 14 [Repealed] M.R. 141/2012 In-house training of manure handlers 14.1(1) The following definitions apply in this section and in section 14.2. "manure handler" means an individual who carries out any of the following functions in relation to the activities a licence holder carries on under a licence issued under this regulation: (a) a function in relation to applying manure to land, including (i) operating any equipment, (ii) loading the application equipment with manure, and (iii) unloading manure from a transport vehicle; (b) a function in relation to transporting manure, including (i) operating the transport vehicle, (ii) loading the transport vehicle with manure, and (iii) unloading manure from the transport vehicle. (« préposé à la manutention des déjections ») "trained individual" means (a) an individual who holds a commercial manure applicator licence or off-farm manure applicator licence on the basis of having completed the training required by the director for such a licence or a training course in another Canadian jurisdiction that the director considers to be the equivalent; and (b) an individual who has completed the training required by the director for a commercial manure applicator licence or off-farm manure applicator licence or a training course in another Canadian jurisdiction that the director considers to be the equivalent (i) whose training is the basis of such a licence is held by another person, or (ii) who is otherwise an employee, owner or manager of the holder of such a licence. (« particulier qui a suivi une formation ») 14.1(2) If the director requires training for individuals applying for a class of licence listed in subsection 3(1), the holder of a licence of that class must ensure that each of its employees, owners or managers who is a manure handler is given training specific to the manure handler's functions that is consistent with the training that the director requires for applicants. 14.1(3) The training required by this section must be given (a) by the licence holder if he or she is a trained individual; or (b) in the case of a licence holder who is not a trained individual, by the trained individual whose training is the basis of the licence or another trained individual who is an employee, owner or manager of the licence holder. 14.1(4) A manure handler who is given training in accordance with this section must comply with a reasonable request by the licence holder to acknowledge having been given the training. M.R. 141/2012 Supervising activities under a commercial manure applicator licence 14.2 Activities carried on under the authority of a commercial manure applicator licence of any class must be carried on under the supervision of an individual who is a trained individual in respect of the licence. M.R. 141/2012 PART 3 15 [Repealed] M.R. 141/2012 PART 4 COMING INTO FORCE Coming into force 16 This regulation comes into force on the same day that sections 2 and 4 to 7 of The Pesticides and Fertilizers Control Amendment Act , S.M. 2002, c. 31, come into force. SCHEDULE (Subsection 11(4)) Parties to an appeal 1 The parties to an appeal under section 11 of the regulation are (a) in the case of a refusal to issue or renew a licence, the applicant for the licence or renewal and the director representing the minister; and (b) in the case of the suspension or cancellation of a licence, the licence holder and the director. Advance filing of evidence required 2(1) An appellant who intends to submit written material as evidence in support of the appeal must file copies of the material with the appeal board and provide one copy to the other party within 14 days after submitting the appeal notice. 2(2) A party who intends to submit as written material in rebuttal to material provided under subsection (1) must file copies of the material with the appeal board and provide one copy to other party within five days after the appeal board receives the material under subsection (1). 2(3) Written material not filed and provided in accordance with subsections (1) and (2) may not be considered in the appeal except with the permission of the appeal board. 2(4) Written material may be filed with the board or provided to another party by personal delivery, registered mail, facsimile or otherwise as the appeal board may direct. Determining the mode of the appeal 3(1) After reviewing the written material filed under section 2, the appeal board may direct that a appeal hearing is to be held or may decide that the appeal will be decided on the basis of written material and submissions. An appellant may indicate in the appeal notice a preference for an appeal hearing or written appeal. 3(2) If the appeal board directs that an appeal hearing is to be held, it must fix the time, date and place of the hearing and notify the parties. 3(3) If the appeal board decides not to hold a hearing, it must give the parties a reasonable opportunity to supplement the material already filed with written submissions. Postponement of a hearing 4(1) A party may request a postponement of a hearing by filing with the appeal board before the hearing a request in writing, stating the reasons for the postponement. After receiving a postponement request, the board must allow the other party to reply in writing to the request. 4(2) After considering the request and reply, the appeal board may allow the postponement or refuse to allow it. If the board allows the postponement, it must reschedule the hearing to the earliest available date. Burden of proof 5 When an appeal relates (a) to a refusal to issue or renew a licence, the burden of proof is on the applicant for the licence or renewal; and (b) to the suspension or cancellation of a licence, the burden of proof is on the director. Hearing procedure 6(1) At a hearing, the party with the burden of proof must present its evidence first. 6(2) Appeal hearings will be informal proceedings, conducted with an emphasis on allowing each party to present his or her case fairly and clearly. The appeal board is not bound by the rules of law respecting evidence applicable to judicial proceedings. 6(3) Despite subsection (2), the appeal board may exclude witnesses from the hearing room until they are examined. 6(4) A party or witness may participate in a hearing by telephone or by means of any other technology that the appeal board agrees to. 6(5) Witnesses at a hearing may be cross-examined by other parties and examined by the board. 6(6) The appeal board may tape the oral evidence and submissions to assist the board members in reviewing them before deciding the appeal. 6(7) At the conclusion of the evidence, the board may (a) hear oral submissions; or (b) order written submissions to be filed and provided to the other party within a specific time limit. 6(8) The appeal board may, for any reason it considers appropriate, adjourn the hearing at the request of a party or on its own initiative. Before adjourning the hearing, the board must allow both parties to speak to the adjournment. Quorum 7 The powers and jurisdiction of the appeal board respecting any matter in relation to an appeal may be exercised by a quorum consisting of the number of appeal board members that constitutes not fewer than 51% of the members. Appeal board's decision 8(1) The appeal board must make its decision as soon as reasonably practicable after an appeal hearing is concluded or it receives all written material and submissions for a written appeal. 8(2) The appeal board's decision must be given in writing and state the reasons for the decision. Without delay after making its decision, the board must send a copy to each party.