The On-Farm Storage and Land Application Code replaces the previous Manure Characteristics and Land Base Code and directive related to the storage and application of digestate on agricultural land.
About AOPA
Act and regulations
The Agricultural Operation Practices Act (AOPA) and its associated regulations apply to all agricultural operations in Alberta.
Alberta Agriculture and Irrigation is responsible for developing and maintaining AOPA and the Agricultural Operations, Part 1 and Part 2 Matters Regulations as well as the Standards and Administration Regulation.
AOPA consists of the following parts:
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- requires farming or ranching operations to carry suitable private insurance, or else have coverage under the Workers’ Compensation Act for its employees
- has an associated regulation, the Agricultural Operations, Part 0.1 and Part 1 Matters Regulation, which defines 'private insurance' for the purpose of section 1.2 of the act
- is administered by the Farmers’ Advocate Office (FAO)
For more information, see Workplace Insurance: Farm and Ranch.
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- defines how nuisance issues such as odour, dust, noise and smoke resulting from agricultural activities are addressed
- is also administered by the FAO
The FAO helps find solutions when disputes over nuisance issues arise between the agricultural industry and neighbours. An appointed panel can review complaints related to nuisances such as agricultural odour, dust, noise and smoke. See the AOPA Practice Review Committee Guide.
For more information, affected parties can contact the FAO, at 310-FARM (3276).
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- has 3 associated regulations that set:
- the permitting process for the construction or expansion of confined feeding operations (CFOs), manure storage facilities (MSFs) or manure collection areas (MCAs) for agricultural operations in Alberta
- the compliance process to address complaints regarding the management of manure, organic materials and compost on agricultural operations (see File a complaint)
- offences related to penalties for violating the act
- is administered by the Natural Resources Conservation Board (NRCB)
The purpose of Part 2: Livestock and Manure of the Act is to ensure the province’s livestock industry can grow to meet the opportunities presented by local and world markets in an environmentally sustainable manner.
- has 3 associated regulations that set:
Livestock and manure management
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It is important for everybody to understand their responsibilities and roles regarding this legislation. AOPA Part 2 and the 3 regulations apply to anyone or any operation that produces, stores, transports, receives and applies manure, organic materials and compost. This includes:
- crop producers using manure, organic materials and compost as fertilizer
- custom applicators
- livestock producers using seasonal feeding and bedding sites or wintering sites
- producers with existing, expanding or new confined feeding operations
- producers with existing, expanding or new manure storage facilities
For more information, refer to the AOPA Reference Guide.
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A CFO is defined as “fenced or enclosed land or buildings where livestock are confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing, and any other building or structure directly related to that purpose” (AOPA, Section 1, b.6).
CFOs do not include:
- residences
- grazing livestock operations
- livestock seasonal feeding and bedding sites
- equestrian stables
- auction markets
- race tracks or exhibition grounds
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An MSF is defined as “a facility for the storage of manure, organic materials, and compost and a facility for composting but does not include a facility at an equestrian stable, an auction market, a race track or exhibition grounds” (AOPA, Section 1, c.3).
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An MCA is defined as “the floor of a barn, the under-floor pits of a barn, the floor of a feedlot pen and a catch basin where manure, organic materials or compost, or runoff from any one of these or any combination of these, collects but does not include the floor of a livestock corral” (AOPA, Section 1, c.21).
Permits for CFOs and MSFs
Under AOPA, non-CFO facilities as described above do not require permits from the NRCB. The NRCB only issues permits for building or expanding CFOs, MSFs and MCAs.
The type of permit depends on:
- nature of the activity
- number of animals and animal species (as outlined in the Agricultural Operations, Part 2 Matters Regulation, Schedule 2, Threshold Tables)
- amount of manure, organic materials and compost
The three types of AOPA permits are:
- Registrations: AOPA permits for smaller CFOs and MSFs
- Approvals: AOPA permits for larger CFOs and MSFs
- Authorizations: AOPA permits for construction of MSFs and MCAs
Note: The AOPA regulations allow for increased flexibility to capitalize on livestock market opportunities by allowing CFOs to change livestock types within a category. This online calculator helps CFO owners or operators evaluate changes, including combinations, of livestock types within a livestock category as specified in Table 1, Schedule 1 of the Standards and Administration Regulation.
As the owner or operator of your CFO or MSF, you are legally responsible for obtaining all required permits before beginning construction. If you are concerned an activity you started is construction, contact the nearest NRCB field office. They will determine if you require a permit and work with you should you need one.
Before constructing your facility and as part of the permit process, you will need to confirm that the technical requirements of the Act and its regulations can be met. Ensure your plans are consistent with municipal land use planning rules by contacting your local municipality.
For operations not listed in this legislation – with animal numbers that fall below the registration threshold or manage less than 500 tonnes of manure, organic materials and compost per year – contact your municipality. For more information, see Municipalities and the Agricultural Operation Practices Act (AOPA).
CFOs existing prior to January 1, 2002
All CFOs, MSFs and MCAs that existed prior to January 1, 2002 are 'grandfathered' and have a deemed permit under AOPA. This permit may or may not be written. The NRCB has sole responsibility for enforcing conditions on written permits. For operations that do not have a previously issued permit, the NRCB will make a grandfathering determination to determine its working status along with permitted livestock numbers and facilities. They also have the authority to amend the terms and conditions of permits issued for CFOs and MSFs. For more information, see Permits and Regulations for Existing Operations.
See also guidelines and calculation tool to help determine the livestock capacity of a CFO.
To find a permit for an existing CFO or MSF, use the NRCB CFO Search Engine. If a CFO existed prior to 2002 and does not show up in the search results, contact your local NRCB office.
Neighbours of an expanding or new CFO or MSF
Under AOPA and its regulations, directly affected neighbours have an opportunity to address environmental and nuisance concerns through the permitting process. The following factsheets outline in more detail where neighbours fit in this process:
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Seasonal feeding and bedding sites (SFBS), or wintering sites, are defined as areas where livestock are fed and sheltered over the winter. Farmers managing SFBS and livestock corrals must follow AOPA regulations.
SFBS do not require a permit. However, all livestock farmers are expected to follow the AOPA setbacks required from common bodies of water when locating wintering sites and livestock corrals. This practice will help minimize the risk of contaminated runoff potentially affecting the water quality of common water bodies. For more information see Wintering Sites and Livestock Corrals.
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Everyone that manages manure, organic materials or compost must follow standards as required to minimize environmental risk to surface and ground water. This applies to all cropping and livestock operations including CFOs, cow/calf operations, horse owners, and owners or operators of standalone MSFs. Environmental standards for management of manure, organic materials or compost in Alberta’s agricultural industry include requirements that deal with:
- siting of CFOs and MSFs
- livestock corrals and seasonal feeding and bedding sites
- catch basin design and management
- manure, organic materials and compost application
- record keeping
- soil testing
According to the regulations, expanding or new CFOs or MSFs applying for permits must show they have access to enough land for manure application so they do not exceed soil nitrate-nitrogen and salinity limits.
Operations must develop one of the following:
- nutrient management plan (if they do not have enough land and will exceed soil limits)
OR
- manure handling plan (if they do not comply with land base requirements)
Land base requirements can be determined by using the new On-Farm Storage and Land Application Code (formerly the Manure Characteristics and Land Base Code) that contains estimated manure production volumes for various livestock types. It also lists key manure information and organic materials that can be managed under AOPA to fulfill requirements outlined in the regulations. For more information, refer to Manure Spreading Regulations.
Under the Standards and Administration Regulation, owners or operators of CFOs or MSFs, custom applicators, cow/calf operations and others who apply, transfer or receive more than 500 tonnes of manure, organic materials or compost per year must keep records for a minimum of 5 years and must conduct soil tests. For more information, see Manure Management Record Keeping Regulations.
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Technical guidelines clarify and provide guidance on practical and technical aspects of AOPA and its regulations. For more information on each guideline, see the Technical Guideline Listing.
Groundwater
- Leak Detection Monitoring Parameters
- Leak Detection Sampling
- Monitoring Well Construction, Installation and Development
- Reclamation of Groundwater Monitoring Wells
Manure application
Manure storage facilities and manure collection areas
- Subsoil investigations for manure storage facilities and manure collection areas
- Subsoil investigations for naturally occurring protective layers
- Subsoil investigations for compacted soil liners
- Determining Equivalent Protective Layers and Constructed Liners
- Non-Engineered Concrete Liners for Manure Collection and Storage Areas
- Identifying Manure Storage Facilities and Manure Collection Areas at Confined Feeding Operations
- Temporary Suspension of Manure Storage Facilities
- Closure of Manure Storage Facilities and Manure Collection Areas
Permitting
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For manure, organic materials and compost management related complaints or concerns arising from confined feeding operations or manure storage facilities and non-compliance with Part 2 of the Act, regulations or permit conditions, call the anonymous NRCB 24 hour, toll free reporting line at 1-866-383-6722. You can also file a complaint online. For more information, see AOPA Complaint Process.
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The new Sustainable Canadian Agricultural Partnership (Sustainable CAP) is a 5-year (2023-2028), $3.5 billion investment by federal‐provincial and territorial governments that sets out to strengthen competitiveness, innovation, and resiliency in the agriculture, agri‐food and agri‐based products sector.
The Sustainable CAP On-Farm Efficiency Program supports producers in achieving environmental benefits by improving the efficient use of agricultural inputs. These practices contribute to environmental sustainability by promoting the efficient use of natural resources.
The Resilient Agricultural Landscape Program helps producers improve the environmental resiliency of their land by encouraging adoption of beneficial management practices.
To stay current on program changes and news on future environment programming, see Sustainable CAP in Alberta.
Contact 310-FARM
Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Toll free: 310-FARM (3276) (in Alberta)
Phone: 403-742-7901 (outside Alberta)
Email: 310farm@gov.ab.ca