Governance
- Overview
Introduction
The British Columbia
Farm Industry Review Board's (FIRB) 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. FIRB has developed a Governance Policy that sets
out how FIRB will govern itself in an effective and accountable
manner to meet these expectations.
Independence and Accountability
FIRB adopts the principles of independence and
accountability. FIRB 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 FIRB must ensure that the public
interest is served and protected.
FIRB 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 FIRB broad discretionary powers
over the supervision of marketing boards and commissions established under the NPMA.
FIRB 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 FIRB as an expert tribunal with decisions
worthy of considerable judicial deference. Therefore, FIRB must
operate and be seen to operate independently.
FIRB 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.
FIRB is an administrative tribunal mandated to hear nuisance
complaints arising from farm operations and to conduct studies into
matters related to farm practices.
FIRB reports directly to the Minister of Agriculture, Food
and Fisheries in matters of administration but is independent of
government in its decision-making.
FIRB has entered into a Memorandum of Understanding that sets
out the roles and responsibilities of FIRB, the Minister of
Agriculture and Lands and the Ministry. The Memorandum
requires revision and is presently under review.
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