Governance - Overview

Introduction

The British Columbia Farm Industry Review Board's (BCFIRB) primary mandates are to administer regulated marketing legislation to ensure that the public interest is served and protected, and to provide a fair and equitable process for resolving farm practices disputes out of court. BCFIRB has developed a Governance Policy that sets out how BCFIRB will govern itself in an effective and accountable manner to meet these expectations.

Independence and Accountability

BCFIRB adopts the principles of independence and accountability. BCFIRB is accountable to government for its administrative operations but is independent of government in its decision-making in both the supervisory, appellate and farm practices functions. As an independent tribunal, BCFIRB must ensure that the public interest is served and protected.

BCFIRB is an entity distinct from the government and is designated under the Natural Products Marketing (BC) Act (NPMA) as the agency responsible for the administration of the NPMA. The statute grants BCFIRB broad discretionary powers over the supervision of marketing boards and commissions established under the NPMA.

BCFIRB must also hold hearings that provide an impartial and fair adjudication of complaints by persons who feel aggrieved by actions of a marketing board. As a quasi-judicial administrative tribunal it must adhere to the principles of administrative law. The courts have recognized BCFIRB as an expert tribunal with decisions worthy of considerable judicial deference. Therefore, BCFIRB must operate and be seen to operate independently.

BCFIRB may hear complaints about farm operations under s.3 of the Farm Practices Protection (Right to Farm) Act or, under s.11 of the Act, study, report on, and make recommendations concerning any matter related to farm practices. Board members have the powers, privileges and protections of a commissioner under the Inquiry Act. 

BCFIRB is an administrative tribunal mandated to hear nuisance complaints arising from farm operations and to conduct studies into matters related to farm practices.

BCFIRB reports directly to the Minister of Agriculture and Lands in matters of administration but is independent of government in its decision-making.

BCFIRB has entered into a Memorandum of Understanding that sets out the roles and responsibilities of BCFIRB, the Minister of Agriculture and Lands, and the Ministry. The Memorandum requires revision and is presently under review.