O. Reg. 110/09: GENERAL - WASTE MANAGEMENT


Published: 2009-03-25

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ontario regulation 110/09

made under the

environmental protection act

Made: March 25, 2009
Filed: March 25, 2009
Published on e-Laws: March 27, 2009
Printed in The Ontario Gazette: April 11, 2009

Amending Reg. 347 of R.R.O. 1990

(General – Waste Management)

1. (1) The definition of “agricultural waste” in subsection 1 (1) of Regulation 347 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“agricultural waste” means waste generated by a farm operation activity, but does not include,

(a) domestic waste that is human body waste, toilet or other bathroom waste, waste from other showers or tubs, liquid or water borne culinary waste,

(b) waste from a sewage works to which section 53 of the Ontario Water Resources Act applies,

(c) a dead farm animal within the meaning of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made

under the Nutrient Management Act, 2002 or a regulated dead animal within the meaning of Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001,

(d) inedible material within the meaning of Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001, or

(e) any material that is condemned or derived from a carcass at a registered establishment within the meaning of the Meat Inspection Act (Canada);

(2) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“composting material” has the same meaning as in Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001;

“cured compost” has the same meaning as in Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001;

(3) The definition of “dead animal” in subsection 1 (1) of the Regulation is revoked.

(4) Subsection 1 (1) of the Regulation is amended by adding the following definitions: 

“disposal facility” has the same meaning as in Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001;

“farm operation” means an agricultural, aquacultural or horticultural operation, other than a race track or a zoo, that is engaged in any or all of the following:

1. Growing, producing or raising farm animals.

2. The production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass.

3. The processing, by the operator of the farm operation, of anything mentioned in paragraphs 1 and 2, where the processing is primarily in relation to products produced from the agricultural, aquacultural or horticultural operation.

4. The use of transport vehicles by the operator of the farm operation, to transport anything mentioned in paragraphs 1 and 2, where the use of transport vehicles is primarily in relation to products produced from the agricultural, aquacultural or horticultural operation;

“farm operation activity” means an activity mentioned in paragraphs 1 to 4 of the definition of “farm operation”;

2. (1) Paragraphs 2 and 3 of subsection 3 (1) of the Regulation are revoked and the following substituted:

2. Inedible material within the meaning of Ontario Regulation 31/05 (Meat) made under the Food Safety and Quality Act, 2001.

2.1 Any material that is condemned or derived from a carcass at a registered establishment within the meaning of the Meat Inspection Act (Canada).

3. Dead farm animals within the meaning of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made

under the Nutrient Management Act, 2002 or regulated dead animals within the meaning of  Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001.

(2) Subsection 3 (2) of the Regulation is amended by adding the following paragraphs:

22. Manure, paunch manure or used animal bedding transferred by a generator for direct transportation to a farm operation at which it is to be used to improve the growing of crops, whether or not it is processed at the operation before it is used to improve the growing of crops.

23. Solid waste plant material that is,

i. generated from crops that have not been processed, or that have been processed without any use of chemicals, other than food grade chemicals used only to clean the crops or the surrounding processing area and equipment, and

ii. transferred by a generator for direct transportation to a farm operation at which it is to be used to improve the growing of crops, whether or not it is processed at the operation before it is used to improve the growing of crops.

24. Composting material or cured compost if it is transferred by a disposal facility that is operating under a licence issued under the Food Safety and Quality Act, 2001.

(3) Section 3 of the Regulation is amended by adding the following subsections:

(3.0.1) Despite subsection (1), material that is referred to in paragraph 2, 2.1 or 3 of subsection (1) or paragraph 24 of subsection (2) is exempt from Part V of the Act and this Regulation unless it is transferred to a waste disposal site that is operating under a certificate of approval or provisional certificate of approval.

(3.0.2) Despite subsection (1), material that is referred to in paragraph 1, 2, 2.1 or 3 of subsection (1) or paragraph 22, 23 or 24 of subsection (2) is not exempt from section 29 of the Act.

3. This Regulation comes into force on the later of March 27, 2009 and the day this Regulation is filed.