Getting the decision
The BCFIRB panel will review all the evidence and arguments, then issue a written decision, typically within 10 business days of the hearing.
The decision will be sent to both you and the BC SPCA.
The written decision will explain:
- The panel’s findings and how they reached their conclusions
- What happens next for the animals
- Any fees you may owe
- Any steps or conditions you need to follow
Possible outcomes of your appeal
The panel’s decision may:
- Order the BC SPCA to return animals, with or without conditions
- Allow the BC SPCA to rehome, sell or euthanize animals
- Confirm, reduce or change the care costs you must pay
These decisions are made under the Prevention of Cruelty to Animals Act.
What happens to your animals
The BCFIRB panel’s decision will determine what happens to your animals.
If the panel rules in your favour
The panel may order the BC SPCA to return your animals if they find that your animals were not in distress, and/or returning them would not put them at risk of future distress.
You must:
- Follow any care conditions in the decision
- Contact the BC SPCA to arrange the return
Depending on the decision, some or all care fees may be reduced or refunded.
If the panel rules against you
If the panel finds the animals were in distress or should not be returned, it may allow the BC SPCA to:
- Rehome, sell or euthanize the animals, as allowed under law
- Recover some or all of the costs for their care while in custody
The animals will not be returned if the panel authorizes the BC SPCA to take other steps.
If you have concerns about your animals’ welfare or need clarification on their status, contact the BC SPCA.
What happens if you owe costs
If the panel orders you to pay fees, the written decision will explain how much you owe and why.
These may include costs for:
- Boarding and daily care
- Veterinary treatment
- Other costs the BC SPCA incurred while caring for your animals
Contact the BC SPCA if you have questions or need to talk about payment options.
Enforcing BCFIRB decisions
If either you or the BC SPCA does not comply with the BCFIRB decision:
- The other party can file a certified copy of the order with the B.C. Supreme Court
- A person who disobeys the order may be found in contempt of court, which can result in a fine or jail time
There is no deadline for filing a BCFIRB order with the court.
If you disagree with BCFIRB’s decision
BCFIRB’s decision is final. You cannot appeal again to BCFIRB.
If you believe BCFIRB made a serious legal or procedural error, you may apply for a judicial review at the B.C. Supreme Court. You must apply within 60 calendar days of BCFIRB’s final decision.
A judicial review is not a new appeal. It reviews whether BCFIRB:
- Acted within its legal authority
- Followed fair and proper procedures
- Made a reasonable decision based on the evidence
Public access to decisions
BCFIRB publishes animal custody appeal decisions on its website. BCFIRB publishes decisions no sooner than 6 business days after being shared with the parties.
Removing personal information from a decision
These decisions may include information about you or your animals.
If you want BCFIRB to remove or redact sensitive or personal details before your decision is published:
- Make a written request to BCFIRB within 5 business days of receiving the decision
- Describe what you want removed and explain why
BCFIRB may remove or redact content that affects reasonable privacy interests.
If you have concerns about fairness
If you believe BCFIRB did not follow fair administrative processes or acted improperly, you can contact the B.C. Office of the Ombudsperson.
They review complaints about procedural fairness and improper administrative conduct. The Ombudsperson can recommend changes to processes or procedures, but they cannot overturn or change a decision.
If you need help
If you have any concerns or are unsure about any part of the process, contact BCFIRB. Staff are available to guide you.