Learn about regulated marketing appeals

What regulated marketing appeals are

A regulated marketing appeal is a formal request asking the B.C. Farm Industry Review Board (BCFIRB) to review a decision made by a regulated marketing board or commission.

Regulated marketing boards and commissions regulate certain agricultural sectors in B.C. They set rules for things like:

Producer licensing
Production quotas
Marketing restrictions
Operating conditions

BCFIRB reviews appeals to ensure that regulated marketing board decisions are fair, reasonable, and made according to proper procedures under the Natural Products Marketing (BC) Act (NPMA).

Who can appeal

You can file an appeal if a board or commission’s decision directly affects your business operations or rights. This includes:

Producers
Processors
Marketing agencies
Other affected parties

What can be appealed

You can appeal final decisions, orders or determinations.

It must have been issued by a marketing board or commission regulated under Natural Products Marketing (BC) Act:

BC Broiler Hatching Egg Commission
BC Chicken Marketing Board
BC Cranberry Marketing Commission
BC Egg Marketing Board
BC Hog Marketing Commission
BC Milk Marketing Board
BC Turkey Marketing Board
BC Vegetable Marketing Commission

Appeal eligibility

To be eligible for appeal, a decision must:

Have been formally issued by the regulated marketing board or commission (not be a draft or internal proposal)
Directly affect your rights or business
Not be under reconsideration by the board

Appealable decisions

Appealable decisions may relate to:

Licensing, quotas, levies, fees, and penalties
Enforcement actions such as fines or suspensions
How you’re permitted to produce or market your goods
The application of policies
Decisions where the board may have overstepped its legal authority
Processes that may not have been procedurally fair

Not sure if you can appeal?

Staff can answer process-related questions but cannot provide legal advice:

To ask about regulated marketing appeals, contact BCFIRB
To explore whether you may have grounds for appeal, learn about building a strong case

Appeal deadline

Appeals must be filed within 30 calendar days of the regulated marketing board’s final decision.

If you miss the deadline, you must apply to BCFIRB for an extension.

Appeal deadlines

Appeal deadlines use calendar days, including weekends and holidays. Start counting the day after the decision was issued.

Evidence deadlines

Most other deadlines are counted in business days. That means Monday to Friday, not including holidays.

Weekends and holidays

If a deadline falls on a weekend or holiday, the deadline moves to the next business day.

Daily cut-off:
4:30 p.m.

Anything received after 4:30 p.m. is treated as received on the next business day.

Deadline example

If a final decision is issued on March 1 (Friday):

The 30th calendar day would be Sunday, March 31
Because it’s a weekend, the deadline to appeal moves to Monday, April 1 at 4:30 pm

How long the appeal process takes

Appeal timelines depend on how complex your case is and how long the hearing lasts.

Once we receive your complete appeal and filing fee:

Pre-hearing steps and the hearing usually finish within 45 business days (about 9 weeks)
You usually get a decision within 45 business days after a one-day hearing
Each additional hearing day typically adds 25 business days to the decision timeline (about 5 weeks)

Timelines may be longer in some cases. Read the BCFIRB Practice Directive on NPMA appeals (PDF, 88KB) for full details.

How BCFIRB reviews appeals

A BCFIRB panel will review whether the decision, order, or determination under appeal:

Complies with the Natural Products Marketing (BC) Act and the relevant scheme
Accords with sound marketing policy
Applied principles-based decision making (strategic, accountable, fair, effective, transparent, and inclusive)