A farm practices complaint hearing is a formal proceeding. It’s important to understand how the hearing will work, and how you should prepare.
Learn about farm practice complaint hearings
A farm practice complaint hearing is a formal process where the B.C. Farm Industry Review Board (BCFIRB) decides whether a farm activity is a “normal farm practice” under the Farm Practices Protection (Right to Farm) Act.
Hearings give both the person making the complaint and the farmer an opportunity to present evidence, explain their perspectives, and question each other’s information.
At the end of the process, BCFIRB issues a written decision that may dismiss the complaint, confirm the practice as normal, or order changes to bring the practice in line with accepted standards.
Hearing date and location
The date, time and location will be set during the pre-hearing process. BCFIRB may agree to hear testimony via phone or teleconference as well.
Who will be at the hearing
Unless BCFIRB decides otherwise, hearings are usually conducted in-person and open to the public.
BCFIRB panel
When the BCFIRB chair refers a complaint to a hearing, they will form a panel of BCFIRB members. The panel will listen to testimony, review the evidence and make a decision. BCFIRB staff will also attend the hearing to support the panel.
Main parties
The main parties to a complaint are:
- The complainant (the person who made the complaint)
- The respondent (the farm about which the complaint was made)
Both must attend the hearing. If you wish, you can appoint someone (for example, a lawyer) to represent you.
Witnesses
Both parties can also invite witnesses to give evidence. Witnesses could include:
- People with first-hand knowledge or experience of the dispute
- An expert witness engaged by the complainant or respondent
- A knowledgeable person appointed by BCFIRB
Interveners
If there are interveners to a complaint, they may also attend the hearing. The panel will decide how interveners can take part in the hearing.
BCFIRB’s role in farm practice complaints
The B.C. Farm Industry Review Board (BCFIRB) is an administrative tribunal. The Administrative Tribunals Act gives BCFIRB legal powers to:
- Conduct hearings
- Review evidence
- Hear witness testimony
- Issue binding decisions
BCFIRB is a “quasi-judicial” body. A BCFIRB hearing is like a court hearing, but it is less formal. The purpose of tribunals like BCFIRB is to resolve disputes fairly and keep you out of court. You must follow BCFIRB’s instructions before, during and after a hearing.
Hearing process stages
Step 1: Introductions
The chair will introduce themselves and the panel members. They will also ask the parties to introduce themselves. The chair will also outline the issues raised in the complaint and explain how the hearing will work.
Step 2: Opening statements
The complainant and the respondent will each be able to make a brief opening statement. This is optional. Your opening statement should be a concise summary of the issue and the outcome you are looking for. You should not introduce evidence or go into detail.
Step 3: Presentation of evidence
The complainant and the respondent will take turns to present evidence. This could include documents, photographs or other data. They will also be able to invite witnesses to testify. Witnesses will swear an oath or make an affirmation. After their testimony, both parties will have an opportunity to ask questions. The panel may also ask their own questions.
When you give evidence or call witnesses, the other party will also be able to ask questions. This is called “cross-examination”. You will also be able to follow up and ask questions about facts or issues that arise during cross-examination.
Step 4: Closing arguments
The complainant and the respondent can each make a closing statement. This should re-state the outcome you are looking for, and the facts that support it.
Step 5: Decision
The panel will usually not make a decision at the hearing. They will meet in private after the hearing to discuss the case. They will then produce a written decision. BCFIRB will send the decision to both parties and publish it online. BCFIRB decisions are binding. They are subject to judicial review only by the B.C. Supreme Court.
When you’ll get the decision
You’ll usually get a decision within 35 business days (about 7 weeks) after the hearing ends.
If the hearing takes more than one day, add 25 business days for each extra day.
For details, read the Farm Practices Protection Act Practice Directive (PDF, 367KB).
How to prepare and present your testimony
Start by gathering evidence that supports your claims. You must share any evidence you plan to use with BCFIRB and the other party before the hearing. The disclosure deadlines are different for the complainant and the respondent, so make sure you know which applies to you.
If you want to keep certain evidence private, you need BCFIRB’s permission to withhold evidence (for example, if it is commercially sensitive.)
At the hearing, be ready to clearly explain your perspective and support it with the evidence you have provided. Keep your explanation clear and focused on the facts.
Both sides will have the chance to ask questions when the other party gives evidence or calls witnesses. This process is called cross-examination. You can also ask follow-up questions about facts or issues that come up during cross-examination.
If you made the complaint
You must explain how the farm’s practices are affecting you or your property. Explain how the farm operations causing the disturbance are different or unreasonable compared to farm practices for similar farms.
If you’re responding to a complaint
You must show that your farm’s activities are normal farm practices. You should also show that you have tried to limit disruption to people living nearby.
Expectations
Hearings can sometimes become tense. Avoid being hostile or confrontational. Remain calm and focus on finding a solution to the issue. The goal of the hearing is to find a fair and reasonable outcome for both parties.
Guidance for witnesses and interveners
When the panel calls you:
- The chair will ask you to swear an oath or make an affirmation
- You will then present your evidence or testimony
- The complainant, the respondent and the panel will be able to ask questions
You must answer truthfully and to the best of your own knowledge. You should not speculate or guess if you don’t know something.
If you are appearing as an expert witness, the panel will also ask you about your qualifications, credentials and experience. They will decide whether to accept your testimony as expert evidence.
If you need help
If you have any concerns or are unsure about any part of the process, BCFIRB staff can guide you.