If you received a decision from the B.C. Farm Industry Review Board (BCFIRB), you may be able to challenge it. Most decisions are final, but in some cases, you can request a judicial review or file an appeal in court.
How to challenge a BCFIRB decision
You must act within 60 calendar days of the written decision.
Request a judicial review
For decisions related to:
- Animal custody appeals
- Regulated marketing appeals
- Supervisory reviews
File an appeal
For decisions related to:
- Farm practices complaints
Request a judicial review
You may be able to request a judicial review if you believe BCFIRB made a serious legal or procedural error when making its decision.
A judicial review is a legal process where the B.C. Supreme Court examines how BCFIRB made its decision. The court does not consider whether the decision was right or wrong. It only reviews whether the process was fair and lawful.
You must file a petition with the B.C. Supreme Court within 60 calendar days of BCFIRB’s written decision.
Filing a petition does not pause or delay the decision. If you want the decision suspended while the court reviews your case, you must apply separately to the court for a stay.
When a judicial review applies
You cannot request a judicial review just because you disagree with the outcome.
You can request a judicial review if both the following apply:
The decision was made under the:
You believe BCFIRB:
- Acted outside its legal authority
- Failed to follow a fair process
- Made an unreasonable or unsupported decision
What the court can do after a judicial review
If the court finds that BCFIRB made a serious legal or procedural error, it may:
- Cancel (set aside) the decision
- Send the case back to BCFIRB to reconsider
- Declare that an error occurred but allow the decision to stand
The court will not make a new decision in your case.
Appeal a farm practices complaint decision
You can appeal a BCFIRB decision if it was made under the Farm Practices Protection (Right to Farm) Act.
You can appeal to the B.C. Supreme Court on a question of law or jurisdiction. This means you believe BCFIRB:
- Applied the law incorrectly
- Made a decision it did not have the legal authority to make
You can’t appeal just because you’re unhappy with the result.
You must file your appeal with the B.C. Supreme Court within 60 calendar days of the written decision.
What the court can do after an appeal
If your appeal is successful, the court may:
- Cancel the decision
- Replace it with a new one
- Send it back to BCFIRB for a new decision
If you disagree with the B.C. Supreme Court’s decision
You can apply to the B.C. Court of Appeal for permission (leave) to appeal the B.C. Supreme Court’s decision.
Make a complaint about BCFIRB’s practices
If you believe that BCFIRB treated you unfairly, you can make a complaint to the B.C. Ombudsperson.
The Ombudsperson can:
- Investigate how the board handled your case
- Recommend changes to BCFIRB’s practices or procedures
They cannot order BCFIRB to change its decision.
Legal advice and resources
Legal advice can help you understand your options and navigate the process. These services can help:
Research past B.C. Supreme Court decisions
You can look up decisions involving BCFIRB on the B.C. Supreme Court website. In the keywords box, enter:
- “BCFIRB” for decisions after 2003
- “BC Marketing Board” for decisions before 2003