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Local advisory committees - what they are and how they work with nutrient management Although the Nutrient Management Act permits the creation of Local Advisory Committees (LAC), they have been slow in developing. Here is an outline of how they work and what they are empowered to do by MURRAY BLACKIE The Nutrient Management Act (NMA) allows for the creation of local advisory committees (LAC) empowered to respond to complaints and address certain nutrient management and other agricultural issues within that municipality. These are municipal committees and, although they can be formed at the township or town level, the legislation and the Ontario Ministry of Agriculture and Food (OMAF) are encouraging their formation at the county level. These committees are similar to ones encouraged through the Ontario Farm Environmental Coalition's (OFEC) 1998 Nutrient Management Strategy and fulfil basically the same role. Prior to the strategy, Perth County had established a similar committee and later Huron and Oxford took the plunge. With new membership rules, these committees were not longer officially sanctioned under the NMA, but recently Oxford has changed its membership to reflect the NMA requirements. Each committee must have at least five members, all residents of the municipality, with the majority being farmers or representatives of an agricultural operation. There must be a representative of council and at least one person who is not a farmer or a representative of an agricultural operation. Past committees did not include a non-farmer. The LAC will not deal with complaints that represent actual contraventions of existing environmental legislation or the NMA. If the LAC or the municipality recognizes the complaint to be a violation, it will refer the matter to the Ministry of the Environment (MOE). For nuisance issues, the LAC may try to mediate and help resolve any conflict, but the matter may be referred to the Normal Farm Practices Protection Board. The LAC will also play a role in Nutrient Management education and consultation with the municipality. It is anticipated that municipal by-laws will be used to ensure that its operation and reporting structure are consistent with the LAC Protocol and LAC training, which will be provided by the province. Nutrient Management specialists with OMAF and MOE will be available to advise and assist the municipality and the LAC. In 1998, OFEC recognized that there was a concern about potential liability associated with municipal committees handling legislated issues. It is important that the province has a clear understanding and a clearly stated position to ensure a large number of municipalities will consider forming a LAC. Ensuring the committees are well trained in nutrient management, other rural environmental issues and mediation techniques and that they follow rules of procedure and report regularly to council will help address the liability concern. Municipalities and committees must be able to recognize when they are empowered to get involved and when they are not. It should be noted that the committee may consult with municipal officials to acquire relevant information such as building permit files and planning documents. Members of the LAC will not evaluate or approve nutrient management strategies or plans and the LAC mediations and reports are confidential. Finally, LAC mediation does not prevent regulatory procedures going ahead under provincial legislation. For more detail on the procedures involved when complaints are received or referred, the LAC process and when mediation may be stopped, I recommend that the reader refer to the LAC Protocol on the Nutrient Management part of the OMAF web page at www.omaf.gov.on.ca or contact the OMAF hotline at 1-866-242-4460. The key to the success of the LAC approach will be in the consistency in training, procedure, external advice, recommendations and reporting. Having a mechanism to respond to non-specific or non-contravention type conflicts should be considered by counties with significant agricultural activity and potential for conflict with non-farm land uses. If you agree with the benefits of a LAC, you may wish to contact your county office to get an update on their progress in forming a committee. Knowing that local residents support the idea may be what they need to move ahead. BF Murray Blackie is the former agricultural specialist with the Ministry of the Environment and is now a consultant, expert witness and writer on agro-environmental issues. © copyright 2005 AgMedia Inc.. top back