Filing a Regulated Marketing Appeal
with the
British
Columbia
Farm Industry Review Board
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 ("the FIRB") consists of up to ten members, usually with an agriculture or food industry background, who are appointed by the
government to supervise the
nine commodity boards and commissions in British Columbia. The FIRB reports directly to the Minister of Agriculture
and Lands.
How long do I have to appeal?
The FIRB 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. The FIRB 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:
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Mail: |
Attention: Case Management Officer
British Columbia Farm Industry Review Board
PO Box 9129 Stn Prov Govt
Victoria BC V8W 9B5
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Courier: |
Attention: Case Management Officer
British Columbia Farm Industry Review Board
1007 Fort Street, 3rd Floor
Victoria BC V8V 3K5
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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.
The notice must: |
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Be in writing, and signed |
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Identify the decision being appealed |
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State why the decision should be changed |
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State the outcome (FIRB decision) requested |
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Include your name, address and telephone number
(or the name and telephone number of a person handling the
appeal for you) |
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Include an address for delivery of any notices related to
the appeal. |
What happens when the British Columbia Farm Industry Review
Board receives the appeal?
The FIRB 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, the
FIRB will notify the
commodity board or commission concerned that an appeal has been filed and instruct that it send to the
FIRB every bylaw, order, rule and other document pertaining to the appeal. The commodity board or commission will also be given a copy of your notice of appeal.
The hearing of your appeal will normally be held not more than 60 days after the
FIRB first receives your notice of appeal; however, either you or the commodity board or commission can request an adjournment to a later date. The
FIRB will decide whether or not to grant such a request.
What is the most important thing for me to remember?
That the notice of appeal should be received by the FIRB within 30 days after the commodity board or commission's order, decision or determination
is made. Failure to meet this deadline may result in the
FIRB not hearing your appeal.
How can I get more information?
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 the
FIRB. Click here for contact
information.
PRACTICE DIRECTIVES:
NATURAL PRODUCTS MARKETING (BC) ACT APPEALS
Whereas:
- 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
- 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:
- 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.
- 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.
- 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.
- 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
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