If a regulated marketing board or commission makes a decision that directly affects your business or rights, you may be able to appeal to the B.C. Farm Industry Review Board (BCFIRB).
Before you start
Filing an appeal with BCFIRB is a legal process. You must follow specific rules and deadlines.
Before you appeal, you should:
Check if you’re eligible
Appeals must meet specific criteria. Find out who can appeal and what BCFIRB can review.
Explore other solutions
Learn about options like mediation or talking directly with the board. These options can lead to faster and more flexible solutions.
Deadlines
Filing deadline
You must file your appeal within 30 calendar days of the original decision.
Payment deadline
Your payment must be received within 2 business days of your appeal, or within 32 calendar days from the board’s decision, whichever is later.
End-of-day deadline
Anything received after 4:30 pm is considered received on the next business day.
Missing the deadline
If your application or payment is late, you must request an extension in writing. If the extension is not granted, your appeal may be dismissed
How to file an appeal
Your appeal must follow BCFIRB’s Rules of Practice and Procedure for Appeals (PDF, 251KB), which outline the steps, deadlines and legal requirements.
Step 1. Complete the notice of appeal form
- Download the form: Notice of Appeal Form (PDF, 118KB)
- Fill out all required sections, including:
- The decision being appealed
- Why the decision should be changed
- The outcome you’re seeking
- Your contact information, including mailing address
Step 2. Attach supporting documents
- Copy of the decision you are appealing
- A written statement outlining the grounds for your appeal
- Any supporting evidence, such as contracts, policies, records, or correspondence, etc.
Step 3. Pay the $100 filing fee
The fee is non-refundable. You can pay by any of the following methods:
- By mail: Send a cheque, money order or bank draft (payable to Minister of Finance)
- By phone: Call FrontCounter BC at (250) 751-7220 to pay by credit card
- In person: Visit any FrontCounter BC location to pay by cash, debit, or credit card
Note: FrontCounter BC only accepts payments. Do not submit your appeal form or documents to them. They will send us a copy of your payment receipt.
Step 4. Submit your appeal
Send your completed notice of appeal form, supporting documents, and payment by:
- Mail: PO Box 9129 Stn Prov Govt, Victoria, BC V8W 9B5
- Courier or in person: 1st Floor, 2975 Jutland Road, Victoria, BC V8T 5J9
- E-mail: firb@gov.bc.ca
- Fax: 250-356-5131
If mailing, include your payment and appeal form in the same envelope.
What happens after you file
Once your appeal is received, BCFIRB will:
- Confirm receipt of your appeal within 3 business days
- Notify the regulated marketing board or commission
- Schedule a pre-hearing conference to discuss next steps
You will receive instructions on:
- Preparing your case
- Exchanging documents
- Participating in the hearing (typically scheduled within 60 days of filing)
Filing a late appeal
You must request an extension in writing if you miss the 30-day deadline. BCFIRB will only grant extensions in exceptional circumstances.
- Write a letter explaining:
- The board decision you are appealing
- The reason for the delay
- Any supporting evidence
- Send your request to BCFIRB
BCFIRB will consider your request and notify you of their decision. If your extension request is denied, your appeal cannot proceed and cannot be refiled.
Avoid common appeal mistakes
To improve your chances of success:
You must be appealing a final decision
Draft rulings, proposals, ongoing reviews, or hypothetical scenarios cannot be appealed.
Example:
A company tried to appeal a decision before the board had formally ruled. The case was dismissed because there was no final ruling.
File on time
Appeals should be filed within 30 days of the decision. Asking for reconsideration of a denial does not reset the deadline.
Example:
A farm missed the 30-day deadline. Later, they asked the commission to reconsider the decision. When the commission said no, the farm tried to appeal that denial. The case was dismissed because the original deadline had passed.
BCFIRB must have jurisdiction
Appeals outside BCFIRB’s authority will be dismissed. BCFIRB’s jurisdiction is defined in the Natural Products Marketing (BC) Act.
Example:
A group of dairy farmers tried to appeal a national pricing decision. BCFIRB had no authority to change it, so the case was dismissed.
Your appeal must have legal or procedural merit
You must show the decision was unfair, unreasonable, or procedurally flawed. Disagreement alone is not enough.
Example:
A farm exceeded its quota and appealed the penalty, citing unavoidable circumstances.
The board determined that alternative solutions had been available, and the appeal was dismissed without a hearing.
The issue must be unresolved
If a policy changes in your favour or the problem is already resolved, the appeal may be dismissed as moot. You cannot keep appealing just because you want different conditions.
Example:
A farm won a policy change but still appealed because they didn’t like the new conditions.
BCFIRB dismissed the case as frivolous.
Support your claims
If you claim issues such as bias or procedural errors, provide clear supporting evidence.
Example:
A marketing agency claimed the board was biased against them but provided no evidence. The appeal was dismissed.
Need help?
If you have concerns or are unsure about any part of the process, BCFIRB staff are available to guide you. Contact us before filing if you need help.