Once the B.C. Farm Industry Review Board (BCFIRB) holds a farm practices complaint hearing, the panel will issue a written decision. The decision sets out BCFIRB’s understanding of the facts, and how to resolve the dispute.
Understanding BCFIRB’s decision
BCFIRB will send the written decision to both the complainant and the respondent. The decision will also be published online.
It will summarize:
- The issues raised in the complaint
- The relevant laws and regulations
- The evidence and testimony the panel reviewed
Possible outcomes
Most decisions will state whether the issue is caused by normal farm practices under the Farm Practices Protection (Right to Farm) Act (FPPA).
Normal practices
If BCFIRB decides that the farm activity is part of a farming operation and is a normal farm practice, it’s protected under the FPPA. No changes will be ordered and the activity can continue.
Not normal practices
If the panel finds the activity is part of a farming operation but not a normal farm practice, it may order the farm to change how the activity is carried out, or in some cases, to stop it. The decision will set out the required changes and deadlines.
Other outcome (no ruling)
At any point, a complaint may be dismissed without a ruling on farm practice. This can happen if the complaint is withdrawn, settled, or found to be outside BCFIRB’s authority (for example, if it falls under another law or agency).
Dismissed – Activity outside FPPA protection
FIRB may dismiss a complaint after deciding the activity is not protected under the FPPA. For example, if it is:
- Not part of farming operations
- Not carried out by a farm business
In these cases, BCFIRB cannot typically order changes, but the complainant may still take action under other laws, such as municipal bylaws, nuisance claims, or civil court.
Public access to decisions
BCFIRB publishes decisions on its website.
Removing personal information from a decision
If you want to request the removal of sensitive or personal information from the public version, you must:
- 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. Decisions are published no sooner than 6 business days after being shared with the parties.
Compliance with BCFIRB decisions
BCFIRB decisions are legally binding. If the panel orders a farm to change or stop a practice, the farm must follow the decision by the deadline set out.
When a farm does not comply:
- The complainant can ask the B.C. Supreme Court to enforce it
- It is no longer protected by the Right to Farm for that practice
- Local governments may be able to enforce nuisance or other bylaws
If you disagree with BCFIRB’s decision
You can appeal to the B.C. Supreme Court if you believe the board:
- Applied the law incorrectly
- Made a decision it did not have the legal authority to make
You must file your appeal within 60 calendar days of receiving written notice of the decision.
If there’s an error in your decision
If there is a factual, clerical, or typographical error (such as an incorrect date or calculation), you have 30 calendar days from when you were served with the decision to notify BCFIRB.
You can also request clarification of the decision within the same 30-day period. BCFIRB will review your request and may ask other parties for input before deciding whether to correct or clarify the decision.
Make a complaint to the B.C. Ombudsperson
If you believe that BCFIRB treated you unfairly or did not follow proper procedures, you can make a complaint to the B.C. Ombudsperson. The Ombudsperson can investigate and recommend changes but cannot overturn BCFIRB’s decision.
If you need help
If you have any concerns or are unsure about any part of the process, BCFIRB staff can guide you.