File an animal custody appeal

Appeals and complaints / Animal custody appeals / File an animal custody appeal

What you can appeal

  • You want your animal(s) returned, you must ask the BC SPCA for a review
  • You only want to appeal the fees or costs, you don’t need to ask for a review
  • Refused to return your animal after reviewing your case
  • Did not respond within 28 days of your review request
  • Charged you fees or costs you disagree with

Filing deadlines

If you miss the deadline, you will lose the chance to appeal:

  • You have 4 calendar days to file an appeal after the BC SPCA issues a review decision or cost notice
  • You have 6 calendar days to pay the fee

Both your written notice of appeal and the $100 fee must arrive by 4:30 pm on each deadline.

If you’re not sure whether your appeal is on time, contact BCFIRB right away.

  • File your appeal within 4 calendar days after the review decision
  • Pay the fee within 6 calendar days after the review decision
  • File your appeal within 4 calendar days of the cost decision
  • Pay the fee within 6 calendar days of the cost decision
  • File your appeal on or after the 29th calendar day after you asked for a review
  • Pay the fee within 2 calendar days of filing your appeal

How to count deadline days

Filing deadlines are counted using calendar days. This means you must count weekends and holidays.

However, if the deadline falls on a weekend or statutory holiday, the deadline moves to the next day BCFIRB’s office is open.

Start counting the day after the BC SPCA issues their decision (or the day after you asked for a review if you haven’t received a review decision.)

Deadline example

If you get a BC SPCA decision on Thursday, June 27:

  • File your appeal within 4 calendar days:
    • Day 1 = Friday, June 28
    • Day 4 = Monday, July 1 (Canada Day, office closed)
    • Because of the holiday, the deadline moves to Tuesday, July 2 at 4:30 pm
  • Pay the filing fee within 6 calendar days:
    • Fee deadline is Wednesday, July 3 at 4:30 pm

Who can file the appeal

You can file an appeal if you are:

  • The animal’s owner
  • The person responsible for the animal (an operator)
  • Someone who had custody of the animal

A representative (like a lawyer, advocate, or family member) can also file on your behalf.

File an appeal

Your appeal must follow BCFIRB’s Rules for Practice and Procedure for Appeals (PDF, 325KB), which outline the steps, deadlines and legal requirements.

Step 1. Write your appeal

Use the Notice of Appeal form (PDF, 621KB) or write your own appeal. It must include:

  • The BC SPCA decision you are appealing (include a copy, if possible)
  • Why you think the BC SPCA’s decision is wrong and should be changed
  • What outcome you want
  • Your name, mailing address, phone number, and email
  • An address where you can receive documents about the appeal
    (mailing address, email or fax number)
  • If someone is representing you:
    include their name, mailing address, phone number and email address
  • A signature from you or your representative

Step 2. Pay the $100 filing fee

The $100 filing fee is non-refundable. If you’re mailing your appeal, include the filing fee with your appeal. If you’re paying separately, make sure BCFIRB receives your payment by the fee deadline. You can pay:

  • By mail: Send a cheque, money order or bank draft (payable to Minister of Finance)
  • By phone: Call FrontCounter BC at 250-751-7220 to pay by credit card
  • In person: Go to any FrontCounter BC location to pay by cash, debit or credit card

FrontCounter BC only accepts payment, not your appeal form or documents. They will send a copy of your payment receipt to BCFIRB.

Step 3: Submit your appeal

Send your appeal by email, fax, courier or mail. Ensure it arrives no later than 4:30 pm on day four of the appeal period.

  • Email: firb@gov.bc.ca
  • Fax: 250-356-5131
  • Courier or in person:
    BC Farm Industry Review Board
    2975 Jutland Road, 1st Floor
    Victoria, B.C. V8T 5J9
  • Mail*:
    BC Farm Industry Review Board
    PO Box 9129 Stn Prov Govt
    Victoria BC V8W 9B5

*Mailing your appeal is not recommended. Mail delays could cause your appeal to arrive late, even if you sent it on time. If you must mail your appeal, contact BCFIRB right away to confirm they received it before the deadline.

Step 4: Wait for confirmation

After BCFIRB receives your appeal and filing fee, they will check that everything is complete.

  • You’ll get a confirmation within 2 business days to let you know if your appeal has been accepted

Step 5: Send a copy of the filed appeal to the BC SPCA

Once BCFIRB accepts your appeal, send a copy of the appeal to the BC SPCA and give BCFIRB proof that you sent it.

  • Email: disputes@spca.bc.ca
  • Fax: 604-681-7022
  • Mail or courier:
    BC SPCA
    Attention: Chief, Protection & Community Officer – Animal Custody Disputes
    1245 East 7th Avenue
    Vancouver, B.C. V5T 1R1

Get support for the hearing

If you need an interpreter or other support to participate in your hearing, let BCFIRB know when you submit your appeal.

  • Use the Accommodation Request box on the Notice of Appeal form to explain what you need
  • Clearly state if you need an interpreter
  • After your appeal is accepted, BCFIRB staff will contact you to discuss your needs and try to arrange the right support

If you’re not sure what to request or need help with the form, contact BCFIRB.

BCFIRB cannot provide legal help. To learn more about getting legal advice, visit legalhelpbc.ca

If you need help

If you have questions or need assistance with filing your appeal, contact BCFIRB.

BCFIRB staff are here to support you throughout the process.