Enforce a BCFIRB decision

Appeals and complaints / Enforce a BCFIRB decision

When the B.C. Farm Industry Review Board (BCFIRB) issues an order or decision, all parties are legally required to follow it. If one party does not, the other party can take steps to enforce the order.

How to enforce a decision through the B.C. Supreme Court

BCFIRB decisions and orders are legally binding. If BCFIRB has made an order in your favour and the other party doesn’t comply, you can ask the B.C. Supreme Court to enforce the order.

There is no time limit to file an order with the court. You should get legal advice before you file.

Step 1: Get a certified copy of the order

Contact BCFIRB to request a certified copy of the order.

Step 2: File the order in court

File the certified copy with any B.C. Supreme Court registry.

Once filed, the order has the same legal effect as a court order.

Step 3: Notify the other party

Let the other party know that the order has been filed with the B.C. Supreme Court:

  • Give them a copy of the filed order and explain what they need to do
  • Give them a reasonable deadline to comply

Step 4: Ask the court to enforce

If the other party still does not comply, you can ask the court to take action. This may include:

  • Asking the court to order them to comply
  • Applying to have them found in contempt of court

Contempt of court can result in fines or imprisonment.

Local bylaw enforcement for farm practices complaints

If BCFIRB finds that a farm’s practice is not normal, Right to Farm protections no longer apply to that specific practice. Your local government may be able to enforce bylaws that would not usually apply to farms.

Bylaws that may apply include:

  • Noise
  • Nuisances and disturbances
  • Animal control
  • Other farm-specific bylaws

How to request bylaw enforcement

If the farmer isn’t following the order and you want to explore local enforcement:

  1. Contact your local government or bylaw enforcement office
  2. Ask whether any general nuisance or farm-specific bylaws apply
  3. Share a copy of the BCFIRB order and explain that the farm practice was found not to be normal

Local governments decide how and when to enforce their bylaws. Enforcement is not guaranteed, even if a bylaw applies.

You may still ask the B.C. Supreme Court to enforce the order at any time.