The B.C. Farm Industry Review Board (BCFIRB) will send each party a written decision after they’ve reviewed the hearing. BCFIRB decisions are final.
How BCFIRB makes its decision
The panel will prepare a written decision with clear reasons, based on the information presented at the hearing. The written decision will be sent to all parties of the hearing.
When deciding your appeal, the panel carefully considers:
- Whether the decision complied with the law
This includes the Natural Products Marketing (BC) Act, regulations and regulated marketing board or commission’s rules or policies. - Whether the decision reflects sound marketing policy
The panel assesses if the decision supports fair and practical industry practices. - Whether the SAFETI principles were followed
BCFIRB applies its principles of: Strategic, Accountable, Fair, Effective, Transparent, and Inclusive.
When you’ll receive the decision
You won’t get a decision at the hearing. After reviewing the evidence and arguments, the panel will prepare a written decision. BCFIRB will send the written decision to all parties and interveners.
Most decisions are sent:
- Within 45 business days of a one-day hearing or written submission process
- Plus 25 business days for each additional hearing day
The decision takes effect on the day it’s issued, unless the panel says otherwise. Timelines may be extended in some cases.
Read the Practice Directive for NPMA Appeals (PDF, 88KB) for more details.
What the decision will include
The written decision will clearly explain:
- The key issues raised in your appeal
- The panel’s findings based on the evidence provided by both parties
- Reasons for the panel’s conclusions
- Any specific orders or directions BCFIRB has made
The decision is shared with all parties and interveners and published online.
Possible outcomes of your appeal
BCFIRB may:
- Dismiss your appeal, meaning the original decision stands
- Confirm or change the board’s decision
- Send the decision back to the board for reconsideration, with or without instructions
- Make another order it considers appropriate under section 8(9) of the Natural Products Marketing (BC) Act
Removing personal information from a decision
BCFIRB publishes decisions on its website.
If you want to request the removal of sensitive or personal information from the public version, you must:
- Make a written request within 5 business days of receiving the decision
- Describe what you want removed
- 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.
If there’s an error in the 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.
If you disagree with BCFIRB’s decision
BCFIRB’s decision is final. You cannot appeal again to BCFIRB.
If you believe BCFIRB made a serious legal or procedural error, you may apply for a judicial review at the B.C. Supreme Court. You must apply within 60 calendar days of BCFIRB’s final decision.
A judicial review is not a new appeal. It reviews whether BCFIRB:
- Acted within its legal authority
- Followed fair and proper procedures
- Made a reasonable decision based on the evidence
Concerns about fairness
If you believe BCFIRB did not follow fair administrative processes or acted improperly, you can contact the B.C. Office of the Ombudsperson. They review complaints about procedural fairness and improper administrative conduct.
The Ombudsperson can recommend changes to processes or procedures, but they cannot overturn or change a decision.
Get help
If you need help understanding your decision or have questions about the process, contact BCFIRB directly.