Filing a Regulated Marketing Appeal
with the 
British Columbia
Farm Industry Review Board

Rules of Practice and Procedure

The BC Farm Industry Review Board (BCFIRB) has developed Rules of Practices and Procedures for Appeals filed under the Natural Products Marketing (BC) Act.

These rules provide clear, consistent and efficient practices concerning appeals so that all parties understand the process along with their rights and responsibilities. In most respects, these rules reflect practices adopted by BCFIRB over the many years and are consistent with the approach of various tribunals following the introduction of the Administrative Tribunals Act.

Click here to file an Appeal

A person aggrieved or dissatisfied by an order, decision or determination of the following commodity boards and commissions may appeal to the British Columbia Farm Industry Review Board:

British Columbia Broiler Hatching Egg Commission
British Columbia Chicken Marketing Board
British Columbia Cranberry Marketing Commission
British Columbia Egg Marketing Board
British Columbia Hog Marketing Commission
British Columbia Milk Marketing Board
British Columbia Turkey Marketing Board
British Columbia Vegetable Marketing Commission

What is the British Columbia Farm Industry Review Board?

Sometimes known as the 'Provincial board' or 'Superboard', the British Columbia Farm Industry Review Board ("BCFIRB") consists of up to ten members, usually with an agriculture or food industry background, who are appointed by the government to supervise the eight commodity boards and commissions in British Columbia. BCFIRB reports directly to the Minister of Agriculture and Lands.

How long do I have to appeal?

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. BCFIRB may extend this deadline, but only in what it considers special circumstances.

Do I need legal counsel?

Only if you want or 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?

Click here to access the online form. You may fill and print the form and send it to:

Appeals filed with BCFIRB must also be sent to the commodity board or commission concerned at the same time the appeal is filed with BCFIRB.

What should be included in the notice of appeal?

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

What happens when the British Columbia Farm Industry Review Board receives the appeal?

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

Pre-Hearing Conference

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 appellant’s issues, each parties positions and the remedies sought by the appellant, As well the pre-hearing conference will be used to confirm dates and directions for the appeal hearing.   

Alternate Dispute Resolution (ADR)

BCFIRB encourages parties to consider ADR alternatives 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.

Hearings

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?

That the notice of appeal should be received by BCFIRB within 30 days after the commodity board or commission's order, decision or determination is made. Failure to meet this deadline may result in BCFIRB not hearing your appeal.

How can I get more information?

For further information please refer to the Rules of Practice and Procedures. Section 8 of the Natural Products Marketing (BC) Act, and the Administrative Tribunals Act further describe the appeal process. The standing orders of the commodity board or commission involved may also contain information.

Should you have any questions please feel free to contact BCFIRB. Click here for contact information.

PRACTICE DIRECTIVES:

NATURAL PRODUCTS MARKETING (BC) ACT APPEALS

Whereas:

1. Section 12 of the Administrative Tribunals Act, S.B.C. 2004, c. 45 (the "ATA") has been incorporated by reference into section 8.1 of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330 (the "NPMA"); and
2. Section 12(1) of the ATA requires a tribunal to which it applies to issue practice directives respecting (i) the usual time period for completing an appeal and for the completing the procedural steps within an appeal, and (ii) the usual time period within which the tribunal’s final decision and reasons are to be released after the hearing of the appeal is completed.

Therefore the British Columbia Farm Industry Review Board (the "Provincial board") now issues these practice directives respecting appeals to the Provincial board under section 8 of the NPMA:

1. The usual time period for an appeal panel completing an appeal estimated to take one day, and for completing the procedural steps within such an appeal, is 60 days from the date that a Notice of Appeal meeting the requirements of s. 22 of the ATA, together with the prescribed fee, is received by the Provincial board.
2. The usual time period within which an appeal panel’s final decision and reasons are to be released following the completion of a one day appeal is 60 days.
3. The usual time period identified in items "1" and "2" is extended by 30 days for every day or part of a day that an appeal hearing proceeds beyond one day.
4. If, after an appeal is filed, the Panel is satisfied that is appropriate to adjourn the appeal hearing based on the application of a party or parties, based on the parties’ participation in an alternate dispute resolution process, or based on the deferral of the appeal to the supervisory process under s. 8(8), calculation of the usual time period in paragraph 1 is suspended, and resumes only after the period of adjournment expires.

Dated: December 3, 2004 at Victoria, British Columbia.

Richard Bullock, Chair
British Columbia Farm Industry Review Board