Appeals2021-06-14T17:07:32-07:00

APPEALS & SUPERVISORY REVIEWS

Under the Natural Products Marketing (BC) Act (NPMA), BCFIRB can hear appeals from anyone who is aggrieved by or dissatisfied with an order, decision or determination of an agricultural commodity board in B.C.

CURRENT APPEALS & RECENT OUTCOMES

DATE
APPELLANT
STATUS
LINK
2021-05-05
(2021-02-10)
Allan Cross & Shelly Cross, Royal Columbian Poultry ULC,
Royal Feather ULC, Royal Greens Poultry Ltd.
Summary Dismissal Decision.
Pending Hearing.
BCFIRB (SDD) 
BCFIRB (PH) 
2020-11-02 Garrett Broatch Dismissed BCFIRB 
2020-08-07 (Notice) Western Hatchery Ltd. Withdrawn n/a
2020-02-25 Primary Poultry Processors Association of British Columbia Deferral BCFIRB 
2020-02-25 BC Chicken Growers’ Association Deferral BCFIRB 

SUPERVISORY REVIEWS

DATE
SUBJECT
STATUS
LINK
2020 Chicken Sector Pricing Active BCFIRB 
BCBHEC-BCCMB 

APPEAL PROCESS FAQ

What is the British Columbia Farm Industry Review Board?2021-03-04T12:29:01-08:00

The British Columbia Farm Industry Review Board (BCFIRB) is an administrative tribunal that has statutory responsibility for exercising regulatory and adjudicative functions independent of government in its general supervision of BC regulated marketing boards and commissions and in hearing regulated marketing appeals and farm practices complaints.

Originally known as the British Columbia Marketing Board (“BCMB”), BCFIRB was created in 1934 under the NPMA to supervise the commodity boards. Over the years, the role has been expanded and its authority redefined to address changes in the regulated marketing sector.

BCFIRB is composes of up to ten members appointed by Lieutenant Governor-in-Council (LGIC). Board members backgrounds vary, with experience in production, marketing, law and education related to agricultural issues.

How long do I have to file an appeal?2021-03-04T12:32:30-08:00

BCFIRB must receive your written notice of appeal not more than thirty (30) days after the order, decision or determination of the commodity board or commission is made.

If an appeal is filed more than thirty (30) days after the marketing board's decision, the person filing the notice of appeal must explain what special circumstances exist that warrant BCFIRB accepting a late special appeal (see ATA s.24).

Do I need legal counsel?2021-03-04T12:33:21-08:00

Only if you think you need it. It is your decision to make, and you will be responsible for paying your own lawyer.

Where do I send the appeal?2021-03-04T12:37:16-08:00

Either by mail, courier, fax or email as follows:

Mail:

Attention: Executive Director
British Columbia Farm Industry Review Board
PO Box 9129 Stn Prov Govt
Victoria, BC V8W 9B5

Courier:

Attention: Executive Director
British Columbia Farm Industry Review Board
780 Blanshard Street
Victoria, BC V8W 2H1

Fax:

1 (250) 356-5131

Email:

firb@gov.bc.ca

What should be included in the notice of appeal?2021-03-04T12:45:14-08:00

The notice of appeal must be accompanied by a non-refundable $100.00 filing fee. Cheque or money orders should be made out to the "Minister of Finance".

The notice of appeal must include the following:

  • be in writing and signed;
  • identify the decision being appealed;
  • state why the decision should be changed;
  • state the outcome requested from BCFIRB;
  • include your name, address, telephone number, email (or the contact information of the person handling the appeal for you)
  • include an address for delivery of any notices related to the appeal

BCFIRB's notice of appeal form can be used to file an appeal.

What happens when BCFIRB receives the appeal?2021-03-05T09:54:29-08:00

BCFIRB will send you a letter acknowledging the receipt of your appeal. This letter will also contain information which explains the appeal process in greater detail. At the same time, BCFIRB will notify the commodity board or commission concerned that an appeal has been filed and instruct them of their responsibilities as outlined in the Rules of Practice and Procedures.

BCFIRB will also ensure that the commodity board or commission has received a copy of your notice of appeal.

BCFIRB will issue notice to the parties requiring them to attend a pre-hearing conference call. The purpose of the pre-hearing conference will be to clarify the issue on appeal and determine the position of each party as well as the remedies sought by the appellant. The pre-hearing conference call will also be used to confirm hearing dates and directions for the appeal hearing.

BCFIRB encourages parties to consider Alternative Dispute Resolution (ADR) to facilitate settlements of the matter under appeal and will assist the parties in establishing an ADR process. Parties can apply to BCFIRB requesting ADR. Discussions about possible ADR alternatives will also be an agenda item for the pre-hearing conference.

The hearing of your appeal will normally be held not more than 60 days after BCFIRB first receives your notice of appeal; however, these timelines will be dependent upon the circumstances of all the parties to the appeal.

What is the most important thing for me to remember?2021-03-05T09:53:58-08:00

BCFIRB must receive your written notice of appeal within 30 days of an order, decision or determination of the commodity board or commission. Failure to meet this deadline may result in BCFIRB not hearing your appeal.

How can I get more information?2021-03-08T11:32:55-08:00

For further information please refer to the Rules and Practice and Procedures. Section 8 of the Natural Products Marketing (BC) Act (NPMA), and the Administrative Tribunals Act (ATA).

More information on the appeal process is available on BCFIRB’s website at:

www.gov.bc.ca/BCFarmIndustryReviewBoard

The standing orders of the commodity board or commission involved may also contain information.

Should you have any further questions please feel free to contact BCFIRB directly at:

Phone: 1 (250) 356-8945
Fax: 1 (250) 356-5131
Email: firb@gov.bc.ca

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