Federal and provincial legislation
Information on relevant legislation and regulations are provided for a number of subject areas and are referenced in various reports.
The relevant legislation and/or regulations have been summarized by the CRSC for the Metrics Platform, and where possible, links to the relevant pages on provincial or federal government sites have been provided.
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The Open Burning Smoke Control Regulation and its associated Code of Practice as outlined under the Environmental Management Act regulates pollution aspects of open burning. Specifically the regulation prohibits the combustion of the materials such as tires, plastics, demolition waste, hazardous waste, manure and rubber. Regulation of smoke pollution under the Act specifies that a waste discharge permit is not required for agricultural burning of crops, weeds, foliage or stubble.
Crop burning in Alberta requires a permit from municipalities under the Soil Conservation Act (21(1)). Under the Environmental Protection and Enhancement Act it is also prohibited without a permit to burn debris such as rubber (including tires), plastic (including baler twine) and containers that held pesticides.
The Clean Air Act regulates sources of air pollutants. Under the Act, permits are not required for “a fire for the purpose of burning grain stubble or grain straw.” However, this exemption is only from the requirement to obtain a permit. The individual who sets the fire can be charged and may also face a civil lawsuit if the fire causes property damage, a traffic accident or aggravates health problems.
The Burning of Crop Residue and Non-Crop Herbage regulation was enacted to deal with the legal aspects of crop residue burning. The regulation prohibits nighttime burning of crop residue year-round, restricts daytime burning between August 1 and November 15 to conditions laid out in daily burn authorizations and allows daytime burning between November 16 and July 31, from sunrise to sunset. The regulation allows small accumulations of straw to be burned outside of authorized periods if the straw is immediately impeding field operations such as seeding or tillage.
Farmers can burn woody debris, grass or crop residue without a fire permit if they follow the rules set in the Outdoor fires regulation. If burning takes place outside of these conditions, then a fire permit is needed from the Ministry of Natural Resources district office or local fire service.
Under the Clean Air Regulation open air burning of residual materials, even for partial recovery, is prohibited, except in the case of branches, trees, dead leaves, explosive products or empty explosive containers (e.g. dynamite). This interdiction also applies to crop residue such as hay and any other farm waste (e.g. empty pesticide containers).
In New Brunswick, there are specific periods when burning may be done and others when it is strictly prohibited. Fire season usually runs from the third Monday in April until the end of October. Residents and non-residents must acquire a burning permit during the fire season. Cities and towns have their own bylaws. Some villages also have bylaws that restrict burning. Certain material – such as pressure treated wood – must not be burned.
The fire season for the Province is the period during each year from March 15 to October 15, both dates included. Each day during a fire season, the Minister or a person delegated by the Minister must publicly announce, for each county in the Province, whether that day is a burn day, a restricted burn day or a non-burn day in that county. An industrial permit is needed for industrial burning, which includes burning that is carried out for land-clearing or agricultural purposes, including burning for blueberries within an area larger than 2 hectares.
Prince Edward Island
Burning permits are required for all outdoor burning in PEI during fire season and these permits are available free of charge at any Forests, Fish and Wildlife Division office, Monday to Friday during normal working hours. The permit holder must sign the permit stating that they have read and understand the burning permit's requirements. Special Industrial Burning Permits are available to land owners and businesses who use fire for agricultural or land management purposes.
The British Columbia Employment Standards Act prohibits the hiring of children younger than 15, except in the following conditions:1An employer must receive the written permission of a parent or guardian before employing a young person aged 12 to 14. Parents and guardians are responsible for determining that the proposed employment meets the best interests of their child and will not adversely affect the child's social, physical or educational needs. In addition, an employer must not require or allow a child aged 12 to 14 to work at the same time the child is scheduled to attend school. The child must be under the direct and immediate supervision of a person aged 19 or older at all times while working. An employer must not require or allow a child aged 12 to 14 to work more than the following number of hours:
- Four hours on a school day;
- Seven hours on a non-school day, unless the director has provided written approval;
- 20 hours in a week that has five school days; and
- 35 hours in any other week
Employers must comply with the following basic rules: children under 12 years of age are generally not allowed to work (except in special and limited circumstances); regardless of age, all employees under 18 years of age are entitled to the minimum standards of employment, such as general holidays, vacations, minimum wage and termination notice or pay; as with adults, a few exceptions apply, such as to students in an approved training course or work experience program who may be exempt from the requirement to pay minimum wage. Employers must also comply with the restrictions that apply to different age groups. For instance employees 12 to 14 years old need written consent from a parent or guardian before they can start work as well as a permit from Employment Standards to work at jobs other than clerking in an office or retail store, delivering flyers, or certain approved duties in the restaurant industry. Employees 15 to 17 years old do not need parental or guardian consent except when working between 12:01 and 6 am2.
Youth workers must be 16 years old to operate powered mobile equipment on a work site or to work in areas where they may be exposed to dangerous chemicals or biological substances. Youths under 16 cannot work during school hours without the permission of their school’s principal. Young workers, 14 and 15 years old, are required to complete the Young Worker Readiness Certificate Course (YWRCC) before entering the job market in Saskatchewan3.
Children under the age of 16 must, by law, have a child employment permit before they start working. Employees under 18 years old cannot work in certain industries. Young persons working in Manitoba have all of the rights and responsibilities as adult employees. Minimum standards such as general holidays, vacations, minimum wage and termination apply to all employees regardless of age4.
Young workers have the same rights as other employees in Ontario workplaces under the Employment Standards Act. However, certain types of employment are exempt from some parts of the ESA, including agriculture. However under the Education Act, with certain exceptions, children must attend school until the age of 18 and employers are prohibited from employing children under the age of 16 years during school hours5,6.
An employer cannot have a child do work that exceeds his capacity or that risks compromising his education adversely affecting his health or physical or moral development. Nor can an employer have a child work at night, namely between 11 p.m. of a given day and 6 a.m. on the following day, unless the child is no longer required to attend school or if the work consists of delivering newspapers, creating or performing works in one of the following artistic fields: performing arts including theatre, lyric theatre, music, dance and varieties, films, records and the other methods of sound recording, dubbing and the recording of commercials7.
An employer is prohibited from employing a person who is under the age of 16 years in employment that is or is likely to be unwholesome or harmful to the person's health, welfare or moral or physical development. Additionally, no employer shall employ a person who is under the age of 16 years for more than six hours in any day; for more than three hours on any school day; on any day for a period which, when added to the time required for attendance at school on that day, would require the person to spend more than a total of eight hours attending school and working; or between the hour of 10 p.m. of any day and the hours of 6 a.m. of the following day. No employer shall employ a child who is under 14 years of age in any industrial undertaking; in the forestry industry; in the construction industry; in a garage or automotive service station; in a hotel or restaurant; in a theatre, dance hall or shooting gallery; or as an elevator operator 8.
It is against the law to pay wages to a child under the age of 14 to do work that: is likely to be unwholesome or harmful to the child’s health or normal development; is likely to keep the child out of school or make it hard for the child to learn at school. It is against the law to employ a child under 14 to do work: for more than 8 hours a day; for more than 3 hours on a school day unless a certificate has been issued under the Education Act to allow the child to work; for any time during the day when that time plus the time the child is in school adds up to more than 8 hours; between the hours of 10 pm of any day and 6 am of the next day 9.
Prince Edward Island
Youths under 16 must have permission from their parents; work no more than 3 hours on a school day and 8 hours on a non-school day; work no more than 40 hours per week; work between 7 a.m. and 11 p.m. only; not work in construction, as a signaller in traffic control or as an apprentice in a designated trade; not work in an environment that is harmful to their health, safety, moral or physical development. For youths over 16, most of these limits do not apply and have the same rights as other workers under the Employment Standards Act 10.
- Government of British Columbia General Employment of Young People Factsheet.https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/general-employment-of-young-people
- Government of Alberta. Employees under 18 | fact sheet. https://work.alberta.ca/employment-standards/employees-under-18.html
- Government of Saskatchewan (2017). Rights and Responsibilities: A Guide to Employment Standards in Saskatchewan Part II of The Saskatchewan Employment Act – Youth in the Workplace. http://www.publications.gov.sk.ca/freelaw/Publications_Centre/AdvancedEducation/RightsandResponsibilitiesA%20GuidetoEmploymentStandardsInSaskatchewan17.pdf
- Government of Manitoba. Fact sheet – Young Employees.https://www.gov.mb.ca/labour/standards/doc,young-workers,factsheet.html
- Government of Ontario. What Young Workers Should Know. https://www.labour.gov.on.ca/english/es/pubs/factsheets/fs_young.php
- Government of Ontario. Minimum Age. https://www.labour.gov.on.ca/english/hs/min_age.php
- Government of Quebec, Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST). Work performed by children. http://www.cnt.gouv.qc.ca/en/wages-pay-and-work/work-performed-by-children/index.html
- Government of New Brunswick. Employment of Children.http://www2.gnb.ca/content/gnb/en/services/services_renderer.19676.html
- Government of Nova Scotia. Farm Labour - Resource Kit for Nova Scotia Farmers. https://novascotia.ca/thinkfarm/documents/fsheets/22-farm-labour.pdf
- Community Legal Information Association of Prince Edward Island (CLIA PEI). Legal Information for Youth. http://cliapei.ca/youth/content/page/oldenoughfor_working
Agricultural Lands Reserve Act
Agricultural Lands Reserve Use, Subdivision and Procedure Regulations
Drinking Water Protection Act
Drinking Water Protection Regulations
Code of Practice for the Slaughter and Poultry Processing Industries BC REG 246/2002
Agricultural Operation Practices Act
http://www.qp.alberta.ca/documents/Acts/A07.pdf Water Act http://www.qp.alberta.ca/1266.cfm?page=w03.cfm&leg_type=Acts&isbncln=9780779733651
The Agricultural Operations Act
Agricultural Operations Regulations
Environmental Management and Protection Act
Environmental Spill Control Regulations
Environmental Act and Regulations
Save the Lake Winnipeg Protection Act
Pesticides and Fertilizer Control Act
Regulations Respecting the Regulation and Control of Agricultural Fertilizers
Nutrient Management Act
Clean Water Act
Agricultural Operations Regulations
Agricultural Operation Practices Act
Clean Water Act
PRINCE EDWARD ISLAND
Environmental Protection Act
Land title system governed by the Land Titles Act
Land title system governed by the Land Titles Act
Land title system governed by the Land Titles Act
Land title system governed by Real Property Act, the Registry Act
Land registry/title hybrid system governed by Land Titles Act, Registry Act
Land title system governed by Cadastre Act
Land title/registry hybrid system governed by Land Titles Act
Land title system governed by the Land Registration Act
Land Registry System governed by Registry Act
The Farm Practices Protection (Right To Farm) Act defines a "normal farm practice" as a practice that is conducted by a farm business in a manner consistent with (a) proper and accepted customs and standards as established and followed by similar farm businesses under similar circumstances, and (b) any standards prescribed by the Lieutenant Governor in Council, and includes a practice that makes use of innovative technology in a manner consistent with proper advanced farm management practices and with any standards prescribed under paragraph (b). 1
The Agricultural Operation Practices Act defines generally accepted agricultural practice as “a practice that is conducted in a manner consistent with appropriate and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances” 2.
The Agricultural Operations Act defines normally accepted agricultural practice as “an agricultural practice that i) is conducted in a prudent and proper manner that is consistent with accepted customs and standards followed by similar agricultural operations under similar circumstances; (ii) is conducted in conformity with any standards established pursuant to the regulations; and (iii) meets accepted standards for establishment and expansion” 3
The Farm Practices Protection Act defines normal farm practice as “a practice that is conducted (a) in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances, including the use of innovative technology used with advanced management practices, and (b) in conformity with any standards set out in the regulations;” 4
The Farming and Food Production Protection Act defines “normal farm practice” as a practice that, (a) is conducted in a manner consistent with proper and acceptable customs and standards as established and followed by similar agricultural operations under similar circumstances, or (b) makes use of innovative technology in a manner consistent with proper advanced farm management practices.5
The Loi sur la protection du territoire et des activités agricoles states that “En zone agricole, nul n’encourt de responsabilité à l’égard d’un tiers en raison des poussières, bruits ou odeurs qui résultent d’activités agricoles, ni ne peut être empêché par ce tiers d’exercer de telles activités si celles-ci sont exercées, sous réserve de l’article 100: 1° conformément aux normes réglementaires prises par application de la Loi sur la qualité de l’environnement (chapitre Q-2) en matière de poussières ou de bruits et, en matière d’odeurs, conformément aux normes visant à atténuer les inconvénients reliés aux odeurs inhérentes aux activités agricoles, découlant de l’exercice des pouvoirs prévus au paragraphe 4° du deuxième alinéa de l’article 113 de la Loi sur l’aménagement et l’urbanisme (chapitre A-19.1); 2° conformément aux dispositions de la Loi sur la qualité de l’environnement pour ce qui concerne tout élément n’ayant pas fait l’objet de normes réglementaires.”6
The Agricultural Operation Practices Act defines an “acceptable farm practice” as a practice that is carried on (a) in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances, including the use of innovative technology used with advanced management practices, and (b) in conformity with any standards set out in the regulations;” 7
The Farm Practices Act defines a “normal farm practice” as a “a practice that is conducted as part of an agricultural operation (i) in accordance with an approved code of practice, (ii) in accordance with a directive, guideline or policy statement set by the Minister with respect to an agricultural operation or normal farm practice, or (iii) in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances, including the use of innovative technology used with advanced management practices;” 8
Prince Edward Island
The Farm Practices Act defines a “normal farm practice” as a “farm practice followed by a farmer that (i) is consistent with the beneficial management practices designated by the board, and (ii) is conducted in a manner that is consistent with accepted farming customs and standards as established and followed by other farmers in similar agricultural operations under similar circumstances, in the province or in the same agricultural sector, and includes practices that make use of innovative technology in a manner consistent with advanced farm management practices in appropriate circumstances;” 9
- BC Laws. Farm Practices Protection (Right To Farm) Act, [RSBC 1996] CHAPTER 131. http://www.bclaws.ca/civix/document/id/lc/statreg/96131_01
- Government of Alberta. Agricultural Operation Practices Act. Revised Statutes of Alberta 2000 Chapter A-7. Current as of December 17, 2014. http://www.qp.alberta.ca/1266.cfm?page=A07.cfm&leg_type=Acts&isbncln=9780779782598
- Government of Saskatchewan. The Agricultural Operations Act. Chapter A-12.1 of the Statutes of Saskatchewan, 1995 (effective November 28, 1996) as amended by the Statutes of Saskatchewan, 2013, c.27. http://www.publications.gov.sk.ca/details.cfm?p=362
- Government of Manitoba. The Farm Practices Protection Act. C.C.S.M. c. F45. Current as of November 17, 2017. https://web2.gov.mb.ca/laws/statutes/ccsm/f045e.php
- Government of Ontario. Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1. Current as of November 14, 2017. https://www.ontario.ca/laws/statute/98f01
- LégiQuébec. Loi sur la protection du territoire et des activités agricoles 1996, c. 26, a. 1. Chapitre P-41.1.http://legisquebec.gouv.qc.ca/en/showDoc/cs/P-41.1?langCont=fr#se:79_17
- Government of New Brunswick. Agricultural Operation Practices Act. Chapter 107.http://laws.gnb.ca/en/ShowPdf/cs/2011-c.107.pdf
- Government of Nova Scotia. Farm Practices Act. Chapter 3 of the acts of 2000. Current as of March 1, 2001. http://nslegislature.ca/legc/statutes/farmprac.htm
- Government of Prince Edward Island. Farm Practices Act. Chapter f-4.1. Current as of December 2, 2015. https://www.princeedwardisland.ca/sites/default/files/legislation/F-04-1-Farm%20Practices%20Act.pdf
FOR PESTICIDE STORAGE All agricultural chemicals should be stored in a dedicated facility. As outlined in the National Farm Building Code of Canada, a pesticide storage structure must:
- be ventilated naturally or mechanically to the outdoors to prevent the accumulation of toxic or flammable vapours
- be of sufficient size to accommodate the agri-chemicals required for one crop year
- be accessible from outdoors and secured from unauthorized entry
- have an impervious floor, typically of concrete, without a floor drain and curbed around the full perimeter to provide containment for the largest container within the storage; the curb should be at least 50 millimetres (two inches) in height
- be separated from all food, feed and water supplies
- be separated from all other occupancies either by an open space or by a fire separation wall having a fire rating resistance of at least one hour
- be clearly identified with a sign saying “Danger”, “Chemical Storage” or “Authorized Persons Only” permanently attached to the outside of each entrance
- contain shelving that separates oxidizing chemicals from combustible chemicals
- have an insulated and heated cabinet for chemicals requiring protection from freezing
Under the Agricultural Waste Control Regulation farmers must store agricultural waste (incl. manure) in a manner (facility, field) that prevents the escape of any agricultural waste that causes pollution.
The BC Fire Code outlines storage and precautions necessary for hazardous materials storage. The Environmental Management Act outlines procedures and practices necessary in reporting and storing hazardous materials.
The Spill Reporting Regulation of the Environmental Management Act describes the levels of substances that must be reported when a spill occurs and who to report it to.
The Workers Compensation Act outlines practices necessary to ensure worker safety in the use of hazardous materials. Further details are specified in the Occupational Health and Safety Regulation under this Act.
The construction, expansion or modification of a manure storage facility is regulated under the Agricultural Operations Practices Act (AOPA). Under AOPA the Standards and Administration Regulation also sets conditions to ensure that manure does not negatively affect surface water, groundwater and neighbouring communities.
For the other types of fertilizers, the Environmental Protection and Enhancement Act states that a person who keeps, stores or transports a hazardous substance or pesticide shall do so in a manner that ensures that the hazardous substance or pesticide does not directly or indirectly come into contact with or contaminate any animals, plants, food or drink.
The Pesticide Sales, Handling, Use and Application Regulations (cf. 23) regulates the storage of pesticides including measures to protect the people and the environment.
Under the Environmental Protection and Enhancement Act (EPEA), a person who keeps, stores or transports a hazardous substance or pesticide shall do so in a manner that ensures that the hazardous substance or pesticide does not directly or indirectly come into contact with or contaminate any animals, plants, food or drink.
Under the Environmental Code of Practice for Pesticides, a contingency plan for containment and clean-up of pesticide releases needs to be available and understood by any personnel working at the operational or storage site.
Under the Waste Control Regulation, a person who stores hazardous waste shall store it in an amount and in a manner so that it will not cause an adverse effect, and that any leakage is contained and prevented from entering into the remainder of the hazardous waste management facility and places beyond, including sewers and the ground underneath the site.
The storage of fuel on farms intended for individual farm use is exempt from the Alberta Fire Code. However farmers are not exempt from the EPEA. Prosecution under the EPEA may be avoided if “due diligence” can be shown.
In Saskatchewan only farmers operating intensive livestock operations (ILO`s) have to prepare Manure Storage Plans under the Agriculture Operations Act to ensure surface and ground water pollution will not occur.
The Hazardous Substances and Waste Dangerous Goods Regulation governing fuel storage only applies to some agricultural operations such as greenhouses and large scale farms. They do not apply to the storage of hazardous substances or waste material in above-ground farm or residential storage tanks which are not used for commercial purposes.
The Saskatchewan Environmental Code requires reporting the discovery of a substance, but there is no requirement to have procedure in place to deal with incidents and spills.
Under the Pest Control Products Regulation 7(1) "Every person who keeps or stores a pesticide shall ensure that the pesticide or any container that holds or has been used to hold the pesticide is kept and stored separate from any foodstuffs, feeds or other material intended for consumption by humans or animals.
Under the Livestock Manure and Mortalities Management Regulation farmers must store solid manure in a manure storage facility; or as field storage that is designed and constructed as to prevent the escape of any livestock manure that may cause pollution of surface water, groundwater or soil.
Under the Pesticides Regulation a person operating under a provincial pesticide use permit shall keep, store, and transport pesticides in a manner which ensures that the pesticides do not come into contact with or contaminate food or drink of humans or animals, and prevents pesticides from coming directly or indirectly into contact with humans, animals or plants in any manner that may be injurious to health. However farmers using pesticides for their own needs are not required to hold a permit.
Fuel storage is also regulated under the Storage and Handling of Petroleum Products and Allied Products Regulation.
Mandatory reporting of environmental accidents in Manitoba is required by the Environmental Accident Reporting Regulation.
Ontario Regulation 267/03 under the Nutrient Management Act sets out specific requirements for storage of agricultural source materials (ASM) and non-agricultural source materials (NASM).
The Environmental Protection Act (EPA) prohibits the discharge of contaminants into the natural environment. A person who uses or stores commercial fertilizer must ensure that discharges and spills do not occur. However, it does not set the requirements for storage of commercial fertilizers. Under the Municipal Planning Act, municipalities may use site plan approvals to control development prior to the issuance of a building permit for a storage facility for example.
Ontario's Pesticides Act and Regulation 63/09 provide details on handling and storage requirements for pesticide storage facilities.
The Technical Standards and Safety Act ensures a "safe handling, transmission and storage of hydrocarbon fuels primarily used for heat generation (propane, natural gas, fuel oil) and that contractors, equipment, storages, transporters, transmission lines, etc., for hydrocarbon fuels (gasoline, diesel, used oil, etc.) are safe (meet Canadian Standards Association -CSA) or Underwriter Laboratory of Canada (ULC) requirements and people who work on these types of facilities are properly trained and licensed.
Under the Environmental Protection Act (art. 91.1) every person who belongs to a class of persons prescribed by the regulations shall, in accordance with the regulations, develop and implement plans to: o (a) prevent or reduce the risk of spills of pollutants; and o (b) prevent, eliminate or ameliorate any adverse effects that result or may result from spills of pollutants, including, (i) plans to notify the Ministry, other public authorities and members of the public who may be affected by a spill, and (ii) plans to ensure that appropriate equipment, material and personnel are available to respond to a spill. 2005, c. 12, s. 1 (14).
The storage of waste material is regulated in Ontario. Risk assessment is not mandatory but regulations are in place to limit the risks.
Under the Agricultural Operations Regulation “The owner of a lot as well as any person to whom the owner has transferred the custody, control or use of the lot shall take the measures necessary to prevent livestock waste from entering the surface or subsurface water.”
Under the Pesticides Management Code “Every pesticide must be stored in premises where the ambient conditions, in particular temperature, humidity and precipitation, are not likely to alter the pesticide, its container or label. It must also be stored in such manner that its content is not released into the environment.”
Under the Pesticides Management Code, adequate equipment and material must be available on the operation site capable of stopping any leak or release of pesticides during the operations and if required of cleaning the premises. The person who prepares or loads the pesticides must remain on the site throughout the operations (s. 38). In addition, a sign indicating the list of certain services (e.g. the Centre anti poison du Québec) and their telephone numbers must be posted in a conspicuous place near the storage area (s. 21).
The Regulation respecting occupational health and safety sets the requirements for the storage of dangerous products (including fuel). The article 72 states more precisely the safety precautions that must be taken for the storage and handling of dangerous substances to prevent accidental spillage or lighting of these substances.
The Regulation respecting hazardous materials also prescribes storage requirements for hazardous material. According to article 33, every building used to store residual hazardous materials (including fuel) shall be built in such a way as to protect what is stored from any alteration caused by water, snow, frost or heat.
The Regulation respecting hazardous materials prescribes storage standards applicable to residual hazardous materials (waste). According to article 33, every building shall be built to contain leakage or spillage. Article 41 also states that incompatible materials shall be stored in separate storage areas or in separate cargo containers. It also prescribes the procedure to deal with a spill. According to article 9. Every person who accidentally releases a hazardous material into the environment shall immediately (1) stop the spill; (2) inform the Minister of Sustainable Development, Environment and Parks; and (3) recover the hazardous material and remove all contaminated material that is not cleaned or treated on site.
The Livestock Operations Act requires new and some expanding livestock operations and operations repopulating after vacancies of two years or more to become licensed to ensure that these are properly sited, that the manure facility is properly designed and constructed, and that the manure is managed in an agronomic and environmentally sound manner. The guiding principles of the Livestock Operations Act include the proper siting, design and construction of manure storage and handling facilities to reduce the risk of contamination of water and soil resources by setting attainable controls on manure application.
The Petroleum Product Handling and Storage Regulation governs the storage of petroleum products on farm in New Brunswick.
Under the Pesticides Control Act “No person shall store or otherwise handle a pesticide in a manner that is not in accordance with the instructions on the label”.
In general, the storage of manure is not regulated under Provincial Statutes at present. However, an environmental assessment through the NS Department of Environment and Labour is required on any storage holding more than 5000 m3 of liquid or gaseous substances, which would include liquid manure (Environment Act, Environmental Assessment Regulations). Under Municipal by-laws, the location of manure storages, as well as setback distances from neighbouring properties and or streams, may be regulated.
Only storage of very large quantities of fertilizer, generally in excess of that used by most farms, is regulated. An approval from the NS Department of Environment and Labour is required for the construction or operation of a storage facility that has the capacity to store 250t or more of anhydrous ammonia or 500t or more of granular or prilled ammonia phosphate, ammonium nitrate or urea fertilizer products (Environment Act (NS), Activities Designation Regulations).
Under the Pesticide Regulations of the provincial Environment Act all pesticides must be stored in the labelled manufacturers container.
The management of petroleum products is regulated by the Petroleum Management Regulations under the provincial Environment Act. Used oil should be safely stored as per the requirements defined in the NS Department of Environment and Labour’s Guidelines for the Storage of Used Oil. The disposal of used oil is regulated by the Used Oil Regulations under the provincial Environment Act. Under section 5 of the Environment Act (NS) Emergency Spill Regulations and Schedule “A” spills of 50L or 50kg or more of miscellaneous products must be reported.
PRINCE EDWARD ISLAND
Manure storage is not directly regulated in PEI. There are however voluntary guidelines farmers can follow (Manure Guidelines for Manure Management for Prince Edward Island). While not mandatory, farmers who want to expand their building will be required a building permit, which may involve a review process during which the compliance with these guidelines might be taken into consideration.
Under the Pesticides Contact Act Regulations “Every operator of an agricultural operation, every operator of a golf course, and every holder of a Pesticide Application Business Licence who possesses pesticides in amounts in excess of 100 kilograms or 100 litres of formulated product shall ensure that the pesticide is stored in a storage facility that has a floor constructed of concrete or other water-impervious material, has properly maintained and approved safety equipment to be used in emergency situations, has adequate equipment and material capable of stopping any leak or release and, if required, of cleaning up a leak or release
The storage of fuel and procedures in case of spills are addressed under the Petroleum Storage Tanks Regulation.
Legislation: Integrated Pest Management Act
Regulations:Integrated Pest Management Regulations
Legislation: Environmental Protection and Enhancement Act
Regulations: Pesticides Sales, Handling, Use and Application Regulation
Legislation:Pest Control Products Act
Regulations: Pest Control Products Regulations, 2015
Legislation: The Pesticides and Fertilizers Control Act
Regulations: The Pesticides and Fertilizers Licence Regulations
Legislation: The Pesticides Act
Legislation: The Pesticides Act
Regulations: The Pesticides Act Pesticides Management Code
Legislation: Pesticides Control Act
Legislation: Environment Act
Regulations: Pesticides Regulation
Prince Edward Island
Legislation: Pesticides Control Act
Regulations: Pesticides Control Act Regulations