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British Columbia
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The British Columbia Farm Industry Review Board (FIRB) is an administrative tribunal – a statutory appeal body with additional responsibilities for the general supervision of marketing boards and commissions (commodity boards) – operating in the agriculture and aquaculture sectors.
The mandate of FIRB is set out in three statutes:
the Natural Products
Marketing (BC) Act (the NPMA)
the Agricultural Produce
Grading Act (the APGA)
the Farm Practices Protection
(Right to Farm) Act (the FPPA).
Under the NPMA:
FIRB is responsible for general supervision of the operations of commodity boards created under that Act; hearing appeals filed by any person who is aggrieved by or dissatisfied with orders, decisions or determinations of the commodity boards; and acting as a signatory to federal provincial agreements for supply-managed commodities.
Under the APGA:
FIRB may hear appeals from persons who have had their grading licences refused, suspended, revoked or not renewed.
Under the FPPA:
FIRB is responsible for hearing complaints from persons aggrieved by odour, noise, dust or other disturbances arising from agriculture or aquaculture operations, and may also study and report generally on farm practices.
FIRB is accountable to government for its administrative operations, but is independent of government in its decision-making. As an independent tribunal, FIRB ensures that the public interest is served and protected.
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Natural Products Marketing (BC) Act
The NPMA provides for the promotion, control and regulation of the production, transportation, packing, storage and marketing of agricultural products. Producers may join together and ask the government to delegate authority to regulate a specific agricultural product. If the request is granted, a marketing scheme is established as a regulation under the NPMA, and a marketing board or commission is formed to administer the regulation.
Some British Columbia agriculture sectors have been regulated since the 1930s, but the majority of marketing schemes were created in the mid-1960s. The regulated marketing system has provided economic stability to large sectors of the industry in British Columbia, and the value of the regulated agri-food sector has steadily increased over the past three decades. That progress continues today.
Agricultural Produce Grading Act
The APGA supports the goal of the Ministry of Agriculture and Lands (“MAL”) to have safe, high-quality BC products from sustainable agri-food systems ensuring there is domestic and international confidence in BC foods.
Farm Practices Protection (Right to Farm) Act
Farming has always been important to British Columbia. Today, as both our population and our need for agricultural and aquacultural food products continue to grow and exert pressure on rural areas, harmonious relations between farming and non-farming interests are more important than ever.
The FPPA provides a balanced approach to resolving concerns about farming for the increasing number of British Columbians who live near farm operations. The FPPA links the "right to farm" concept with local government bylaw powers. The FPPA protects farmers who use normal farm practices, encourages local governments to support farming through their local plans and bylaws, and creates a process to resolve complaints about farm practices.
British Columbia Farm Industry Review Board
Originally known as the British Columbia Marketing Board (“BCMB”), FIRB 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.
The Farm Practices Board (“FPB”) was established in 1996 to provide a fair, equitable and timely process to hear complaints about odour, noise, dust and other disturbances arising from farm practices, and to conduct studies and make recommendations concerning any matter related to farm practices.
In 2003, the BCMB and FPB were amalgamated to create FIRB with the responsibilities set out in the NPMA, APGA and FPPA.
FIRB is composed of up to ten members appointed by Lieutenant Governor-in-Council (LGIC). There are presently eight part-time appointees, with experience in production, marketing, law and education related to agricultural issues.
Where possible, FIRB adheres to the principles of natural justice and administrative law, and promotes dispute resolution, where appropriate, eliminating the need for a formal hearing.
Supervisory Role
Today, there are eight commodity boards administering eight marketing schemes:
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
FIRB meets regularly with commodity boards to discuss existing and emerging issues in the administration of the marketing schemes and to examine the policies and orders of the board to ensure they fall within the statutory authority of the board and do not unfairly impact individual producers or sectors of the industry. FIRB may amend, vary or cancel the orders of a board. FIRB supervises the performance of the boards and is a signatory to Memoranda of Understanding between the Minister of Agriculture and Lands (“Minister”) and the commodity boards. To view current MOUs, click here. FIRB may review issues related to the administration of a marketing scheme or the regulated marketing system, exercise authority to correct irregularities in the composition or operations of a commodity board or take action to ensure compliance with the NPMA and the marketing schemes.
Appellate Role
As a quasi-judicial appeal body, FIRB is empowered to hear appeals from any person who is aggrieved by or dissatisfied by an order, decision or determination of a commodity board in British Columbia.
FIRB uses various forms of dispute resolution (DR) processes to assist the parties to resolve issues by agreement. If DR is not used or is unsuccessful, a hearing is convened. After hearing an appeal, FIRB may dismiss the appeal, confirm or vary the order, decision or determination being appealed, return the matter to the commodity board for reconsideration or make another order FIRB considers appropriate in the circumstances. FIRB’s regulated marketing decisions may be appealed only to the Supreme Court of British Columbia, and only on a question of law.
FIRB’s dispute resolution process provides all parties with impartial and fair resolutions to disputes. FIRB’s appellate role also ensures that commodity boards remain accountable in the exercise of their authority under the NPMA.
Using its powers under the NPMA, FIRB may also hear appeals under the APGA concerning grading licence issues.
Signatory Role
FIRB, the Minister and the supply-managed commodity boards are the British Columbia signatories to agreements with the Federal Minister, other provincial and territorial ministers, and supervisory and commodity boards in Canada (federal provincial agreements). These agreements provide for the cooperative use of federal and provincial legislation in managing the production and marketing of table eggs, chicken, hatching eggs and turkey in Canada. FIRB is not a signatory to the federal provincial agreement in the dairy industry – the National Milk Marketing Agreement – although FIRB approval is required before the BC Milk Marketing Board may enter into federal or inter-provincial agreements.
What is a farm operation?
A farm operation can include the following activities: growing or raising plants (including in greenhouses) and animals (including certain types of exotics); clearing, draining, irrigating or cultivating land; using farm machinery, equipment, devices, materials and structures; applying fertilizers, manure, pesticides and biological control agents (including ground and air spraying); cultivating specialty wood or fibre crops; conducting turf production; carrying on an aquaculture operation; raising or keeping game; raising or keeping fur bearing animals; and processing or direct farm marketing.
Complaints Role
As a quasi-judicial body, FIRB is empowered to hear complaints from persons aggrieved by odour, noise, dust or other disturbances arising from farm operations.
FIRB uses various forms of DR processes to resolve issues by agreement. If DR is not used or is unsuccessful, a hearing is convened. After hearing a complaint FIRB must dismiss the complaint if the farm operation is determined to be following normal farm practices; or order the farmer to cease or modify his or her practices if the farm operation is not following normal farm practice.
FIRB's farm practices decisions may only be appealed to the Supreme Court of British Columbia, and only on a question of law or jurisdiction.
Where possible, FIRB promotes dispute resolution without the need for formal panel hearings. For farmers, neighbours, local governments, and the public, FIRB is an impartial body that can determine whether a farmer follows “normal farm practices.” FIRB adheres to the principles of natural justice and administrative law in this quasi-judicial role. In determining "normal farm practices", refer to the March 2002 decision of the Court of Appeal for British Columbia in the District of Saanich vs. Peter Kimoff.
Studies and Reports Role
FIRB may, under the FPPA, conduct studies and make recommendations concerning any matter related to farm practices. These activities may be on the FIRB’s own initiative, at the request of a municipality, a regional district, or a trust council under the Islands Trust Act or at the request or direction of the Minister.
