Section 28 of the Agricultural Operations Regulation (chapter Q-2, r. 26) ceases to have effect in respect of the operator of a raising site as of the date of coming into force, for that operator, of sections 28.1 to 28.3 of this Regulation.
Section 28 of the Agricultural Operations Regulation also ceases to have effect in respect of the operator of a raising site until the date of coming into force of section 28.1 of that Regulation for that operator, where the latter decides to be subject to the provisions of that section. Subject to compliance with the provisions of section 28.1 and the following conditions, section 28 ceases to have effect right from the first year of characterization:
(a) the operator must notify an agrologist in writing that the operator elects to be subject to section 28.1 of the Agricultural Operations Regulation until that section is applicable to the operator, and give the agrologist a mandate to establish, in accordance with that section for the purposes provided for therein, the annual phosphorus (P2O5) production of the operator’s raising site;
(b) characterization must be made for 2 consecutive years during the 2 years that follow the date of signature of the notice to the agrologist. However, where the notice is received by the agrologist after 1 April of a year, characterization must be made for the 2 consecutive years that follow the year in which the notice was received;
(c) the operator must keep a copy of the notice provided for in subparagraph a for a minimum period of 5 years following the date of signature and provide it to the Minister upon request within the time indicated by the Minister;
Where an operator who availed himself or herself of this subsection becomes subject to section 28.3 of that Regulation, the characterization made in accordance with subparagraph b is deemed to comply with the second paragraph of that section. (O.C. 606-2010, s. 40)