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The Rural Voice, 2003-05, Page 49Ag News Many answers still unclear on By Bonnie Gropp It became apparent during the almost two-hour panel discussion at a recent nutrient management information meeting in Seaforth, that while great strides have been taken since the initial Nutrient Management Act regulations were first presented by the province, many answers are still not clear. Agricultural leaders who have been working with the government on the nutrient management legislation brought their perspective to farmers at an information night in Seaforth Community Centre, April 9. Some 75 interested people were present to hear the latest on Bill 81 then had the opportunity to present input and ask questions. And several times the comment was made by the panel that the answers were "opinion, not definitive." John FitzGibbon, chair of the Ontario Farm Environmental Coalition (OFEC) said, "There are a lot of questions unanswered, but we're trying to give the answers we can." The first speaker of the night was Dave Armitage of the Ontario Federation of Agriculture (OFA) research department. He provided some background on the legislation going back 10 years to when the OFA, through OFEC, was approached by a number of municipal councils concerned about how to deal with the large livestock operations. The result was a nutrient management strategy which contained a plan as well as a model bylaw. What happened was that once circulated the bylaw was not adopted in its entirety. "It was an inconsistent approach to nutrient management." The impact of the Walkerton water tragedy brought in the provincial government. With agriculture seen as a contributor to the contamination, OMAF began working unilaterally on the nutrient management act (NMA), resulting in long delays in finalizing the legislation, said Armitage. NMA regulations After stage two of the draft legislation was presented, there were many concerns from the agricultural community. The Ministry went back to the table and presented a condensed stage two "It was a sign the government was listening, something we were grateful for." A new direction was taken and on March 21 the Minister's nutrient management advisory committee was established. Panelist Chris Attena, a water quality specialist, hired by the Ontario Cattlemen's Association, Ontario Pork Producers and the Ontario Sheep Producers to represent the livestock operators' viewpoint said, "The one comment I do want to make is that the challenge here today is to forget everything you heard about the nutrient management plan prior to March 21. The old regulation has been killed, cut and quartered." Attena said the province has made significant changes, but what his groups are concerned with are that they be science -based, rational and affordable. One of the big changes has been the phasing -in of operations, with all new and expanding livestock operations to (or within) category 4 (over 300 nutrient units) being compliant by July 2003, existing category 4 by 2005 and 2008 at earliest for other categories. A nutrient unit is the number of animals housed or pastured at one time that will provide fertility for one acre of crop. "This is a new direction. The compliance regulation is tied to the nutrient management plan phase-in schedule. It was something we asked for that has been acted on." By the time each category is expected to be phased -in provincial funding should be available to assist operators with the changes. Interestingly, while the original regulations would have seen many small operations go out of business with the need to comply this year, the changes have also raised many questions and concerns. Until compliant, operators would be governed by the municipal bylaw rather than the NMA. However, some municipalities do not require NM plans for anything other than new or expanding operations. Conversely, some bylaws have greater restrictions than the provincial act. Attena said, "What we are going to end up with is a patchwork, the downside of consistency and predictability." When the question was posed that if an operator with under 300 NU's decided to do a plan before 2008 would fall under the municipal jurisdiction the answer was yes. Ron Bennett, of Howick asked, "Might we see smaller ones doing things the larger ones are restricted from?" The answer was a definite yes. There were many questions regarding funding. Regarding early compliance, Attena said he feels there should be something for voluntary phase-in. "But you can understand the dilemma that creates. You are saying you want the funding but want to come in quicker." One attendee noted that many don't need the funds because they are "already there". FitzGibbon said. "The Minister is quite keen. I'm confident something will be worked out." However, he added when questioned that none of the groups had been apprised of the funding approach at this time. One thing FitzGibbon was clear on was that there would not be any funding for things already required under municipal bylaw. "Some people have already done this without funding. This is in the name of equity." Money is also a reason for the phasing -in said FitzGibbon. "If phased -in over a short period of time, the impact on construction would result in inflation. Spread out, the average cost should be more stable. However, the province is also concerned about demands on the public purse." Attena said there is also no agreement on what the standards will Continued on page 46 MAY 2003 45