When someone makes a complaint to the B.C. Farm Industry Review Board (BCFIRB), it begins a formal process. This process aims to fairly resolve disputes about disturbances caused by farm practices.
BCFIRB hears complaints under the Farm Practices Protection (Right to Farm) Act (FPPA). The board can investigate whether a farm’s activities are normal farm practices. If they are not, BCFIRB can order the farm to change or stop the practice.
After we receive a complaint
When BCFIRB receives a Notice of Complaint, staff will review it to determine whether:
- The complaint is legally valid
- The issue is one that BCFIRB has the authority to decide
We will also confirm that the person bringing the complaint has the right to do so. This is called “standing”. It means that:
- The complaint is not frivolous, personal or made in bad faith
- The complainant is directly affected by the issue
- The farm is a farm business that qualifies for Right to Farm protection
If BCFIRB accepts the complaint
We will notify the farm and give them a copy of the Notice of Complaint.
If BCFIRB does not accept the complaint
It may be dismissed without a hearing.
Stages in the complaint process
The complaint process follows the Rules of Practice and Procedure for Complaints (PDF, 389KB) and the Administrative Tribunals Act.
Case management call
Once BCFIRB accepts a complaint and notifies the farm, we schedule a case management call. This is a conference call between both parties and BCFIRB staff, to:
- Clarify the specific issue
- Discuss potential resolution options
- Explain the next steps in the process
Knowledgeable person assessment
If needed, BCFIRB can ask a knowledgeable person to assess the issue. A knowledgeable person is an independent technical expert (for example, an agrologist). They may:
- Conduct a site visit to assess the issue in site-specific context
- Check the farm’s practices against industry best practices
- Provide a written report to BCFIRB
Mediation and alternative dispute resolution
At any point in the process, BCFIRB may direct both parties to discuss a potential settlement. Either party can also request a settlement discussion. This could include:
- Reviewing the knowledgeable person’s report and suggestions
- Discussing potential solutions or compromises to resolve the dispute
- Bringing in a mediator to help negotiate a settlement agreement
Referral to a formal hearing
If the parties can’t reach a settlement, the BCFIRB chair will then decide whether to:
- Refer the complaint to a panel for a formal hearing
- Dismiss the complaint without a hearing (summary dismissal)
Pre-hearing conference
If the complaint is moving to a hearing, BCFIRB will schedule a conference call to:
- Explain the hearing process
- Set deadlines for submitting evidence and witness lists
- Identify potential interest parties that may want to apply as an intervener
- Agree on a date, time and location for the hearing
Formal hearing
At the hearing, a panel of BCFIRB members will:
- Have the knowledgeable person talk through their report
- Listen to arguments from both parties
- Review submitted evidence
- Ask questions
After the hearing
After the hearing, the panel will issue a written decision.
Take the complaint process seriously
BCFIRB is an administrative tribunal. It is a quasi-judicial body, which means it has legal powers similar to a court. BCFIRB panels review evidence and hear witness testimony to decide complaints.
The complaint process follows the Rules of Practice and Procedure for Complaints (PDF, 389KB). You may represent yourself or have someone else represent you, such as a lawyer.
You must act in good faith and follow all instructions from BCFIRB. There can be legal consequences if you:
- Make false or misleading claims
- Do not follow the board’s instructions or orders
How to prepare your case
How to prepare for the hearing
Learn how to prepare your arguments and what kind of evidence you should gather to support your claims.
What to expect at a hearing
A hearing is a formal proceeding. Both sides will be able to present evidence, call witnesses and ask questions.
Decisions, appeals and enforcement
BCFIRB decisions are final. You may be able to appeal to the B.C. Supreme Court, or ask the court to enforce a decision.
Complaint dismissal
At any point in the process, BCFIRB can choose to dismiss a complaint without a hearing. This is called “summary dismissal”. Under the Administrative Tribunals Act, a complaint can be dismissed if BCFIRB finds that:
- The issue is outside BCFIRB’s jurisdiction
- The complaint is frivolous, vexatious, trivial or made in bad faith
- The complainant fails to follow the complaints procedure or deadlines
- There is no reasonable prospect the complaint will succeed
If BCFIRB summarily dismiss a complaint, we will notify all parties in writing. We will also explain the reasons for the dismissal.
How to withdraw a complaint
The complainant can withdraw all or part of a complaint at any time before a final decision is made. To withdraw a complaint, they must:
- Submit a signed Notice of Withdrawal in writing to BCFIRB
- Send a copy to the respondent and any interveners
If the complainant withdraws late in the process, the respondent may request cost recovery. BCFIRB will decide whether the complainant must pay the respondents’ costs.
If you need help
If you have any concerns or are unsure about any part of the process, BCFIRB staff can guide you.