Once you submit your regulated marketing appeal, the B.C. Farm Industry Review Board (BCFIRB) will guide you through the next steps. This includes the pre-hearing conference call, document exchange, and potential settlement discussions.
BCFIRB reviews appeal validity. Apply for a “stay” if you need to pause enforcement
Mandatory pre-hearing conference to define issues; optional settlement discussions
Gather evidence, send documents and witness lists by the deadline, optional pre-hearing requests
Attend hearing and present your case. Receive written decision in 45+ business days
Initial review by BCFIRB
After receiving your Notice of Appeal and payment, BCFIRB conducts a preliminary review to determine if your appeal:
- Falls within BCFIRB’s jurisdiction
- Meets the filing requirements
- Identifies a valid legal basis for appeal
- Contains enough information to proceed
BCFIRB will notify you of their initial review decision:
- If your appeal is valid, it proceeds to the next stage
- If details are missing, BCFIRB may request additional information before deciding whether to accept the appeal
- If your appeal does not meet legal requirements, it may be dismissed
When BCFIRB may dismiss an appeal
BCFIRB can dismiss an appeal at any time before a final decision. This is called a summary dismissal.
A summary dismissal may happen if:
- BCFIRB doesn’t have the legal authority to hear the case
- You missed the appeal deadline and weren’t granted an extension
- There’s no legal or procedural basis for the appeal
- The appeal is meant to disrupt or misuse the appeal system
- The case has no reasonable chance of success
- You haven’t actively followed through on appeal steps
If your appeal is dismissed, BCFIRB will send you a written explanation. If the issue is procedural (for example, missing documentation), you may be allowed to correct and resubmit.
Legal authority to dismiss appeals
Summary dismissals are allowed under Section 31 of the Administrative Tribunals Act and Rule 30 of Rules for Practice and Procedure for Appeals (PDF, 251KB).
Pausing enforcement while you appeal
Filing an appeal does not automatically pause the decision. If you want the decision temporarily suspended while your appeal is being reviewed, you must ask BCFIRB for a stay of enforcement.
A stay temporarily stops all or part of the decision from being enforced. This gives time for your appeal to be considered before any action is taken.
BCFIRB may grant a stay if:
- The appeal raises serious legal or procedural issues
- Not granting a stay would cause harm that cannot be fixed (for example, permanent business loss)
- The harm to you outweighs any harm to others or to the public interest
How to apply for a stay of enforcement
- Prepare a written request explaining:
- The decision you are appealing
- Whether you want to pause the entire decision or only part of it
- Why the appeal raises serious issues
- The harm you will face if the decision is not paused
- Why the harm to you is greater than any harm to others or the public
- Include supporting documentation, such as:
- Financial records showing potential losses
- Legal or business notices that show the risk of harm
- Submit your request to BCFIRB
BCFIRB may share your request with other parties, who then have 3 business days to respond before BCFIRB makes a decision.
Example
Your quota is revoked, and your farm must shut down right away.
You apply for a stay so you can keep operating while BCFIRB reviews your appeal.
Third-party intervener requests
Some appeals may affect others beyond just the appellant and the regulated marketing board or commission. An intervener is a third party BCFIRB has approved to participate in a limited way. If approved, an intervener may:
- Submit written arguments or evidence
- Raise legal or policy issues
- Attend hearings or ask questions (if permitted)
Interveners may or may not participate as a full party. They can only participate as allowed by BCFIRB.
To learn how to apply, see Rule 10 of the Rules for Practice and Procedure for Appeals (PDF, 251KB).
Who can be approved as an intervener
Individuals, associations, or organizations can apply to take part as interveners. To be approved, you must show that:
- Your perspective adds something the main parties cannot provide
- Your involvement supports the public interest or broader industry concerns
- The benefits of your participation outweigh any delay or unfairness to others
BCFIRB may limit your role or deny the request if these conditions are not met.
If someone applies to intervene
If someone applies to intervene, the appellant and the regulated marketing board or commission will be asked for a written response to the application, either in support of or opposing the request.
BCFIRB will consider all submissions before deciding whether to grant intervener status.
Pre-hearing conference
BCFIRB usually schedules a pre-hearing conference call (PHC) after receiving your appeal. You’ll get a written notice with the date, time, dial-in details (phone or video conference), and what will be discussed. The PHC helps everyone understand the process and next steps. It includes:
- You (the appellant)
- A representative of the regulated marketing board or commission
- Any approved interveners
- A BCFIRB panel member and BCFIRB staff
Attendance is mandatory. If you don’t attend, the PHC may continue without you. This could delay your appeal or affect the outcome. During the PHC, you will discuss:
- The specific issues under appeal
- Deadlines for submitting documents and a witness list
- Whether interim orders or stays are needed
After the call, BCFIRB will send a written summary to everyone involved. It will confirm the date and format of the hearing, deadlines to exchange documents and witness lists, and anything else that was discussed on the call.
If BCFIRB pauses your appeal for a supervisory review
BCFIRB may decide your issue is better addressed through a supervisory review instead of an appeal. If that happens, your appeal may be paused (deferred) while BCFIRB completes the review. Once the review is complete, BCFIRB will ask if there are any unresolved issues you still want to pursue through your appeal.
Facilitated settlement process
Before the hearing, you and the regulated marketing board may voluntarily enter a facilitated settlement process to try resolving the issue. This is a confidential process led by a neutral person who helps both sides work towards an agreement.
If you reach an agreement, BCFIRB may help prepare the terms and guide next steps. If not, the appeal will move to a formal hearing.
In some cases, BCFIRB may require you to take part in this process.
To learn more, see Rule 8 of the Rules for Practice and Procedure for Appeals (PDF, 251KB).
How to request a facilitated settlement process
You can ask for this during the pre-hearing conference or apply in writing to BCFIRB. Your request should explain:
- Which issues you want to resolve this way
- Why you think it’s appropriate
You must also send a copy to the other parties, who may be given a chance to respond.
Your appeal stays active during settlement talks
A formal hearing remains an option unless the appeal is withdrawn by the appellant or dismissed by BCFIRB.
Sharing documents and witness lists
Both parties must share any evidence they plan to use in the hearing. You must send copies to BCFIRB, the other party, and any interveners by the deadlines.
Evidence often includes:
- The board’s original decision (such as quota adjustments or licensing notices)
- Emails, letters, or meeting records
- Business records (such as contracts, financial statements or invoices)
- Reports, financial data, or regulatory interpretations
- Internal policies, procedures, or guidelines used to make the decision
- Relevant photos (include the date taken and photographer’s name)
BCFIRB may also order additional evidence to be shared.
Deadlines to submit
To avoid having your evidence excluded, follow these deadlines:
- Evidence: 20 business days before the hearing
- Expert witness reports: 30 calendar days before the hearing
- Witness summons: Request with enough time before the hearing for BCFIRB to issue the summons
If you try to introduce late evidence at the hearing, it may not be accepted.
How to create a witness list
You can call witnesses who have direct, first-hand knowledge of the issues in your appeal. Make sure your witnesses are available on the hearing date. Learn how to select and prepare witnesses
You’ll need to submit a witness list by the given deadline. Include:
- Witness names
- Their contact information
- A short summary of what they’ll speak about
How to send documents
Send your evidence and witness list to both BCFIRB and the other party using one of the approved methods in the Document Disclosure Practice Directive (PDF, 174KB).
They should be:
- Physical or digital copies
- Consecutively numbered
- Delivered by hand, email, mail, courier or fax
Do not send documents through file-sharing sites, like Dropbox or WeTransfer. BCFIRB will not accept them.
How to submit expert witness reports
Only expert witnesses can give opinion evidence. This includes professionals like doctors, accountants, economists, scientists, agrologists, or others with significant experience in a relevant field. Formal credentials aren’t required, but BCFIRB will decide how much weight to give their opinion.
You must submit their written report to BCFIRB and all parties at least 30 calendar days before the hearing.
The expert’s report should:
- Include their qualifications
- Summarize their opinion
- Explain the facts and assumptions their opinion is based on
Your expert must also attend the hearing to answer questions, unless BCFIRB and all parties agree this isn’t needed.
If you plan to use expert evidence
Contact BCFIRB as early as possible.
Pre-hearing applications
Before the hearing, either party can ask BCFIRB to decide some procedural or legal matters. These are called pre-hearing applications.
Both parties to the appeal can file a pre-hearing application to ask BCFIRB to:
- Postpone the hearing (adjournment)
- Ask for missing documents
- Request to exclude evidence
- Clarify or make exceptions to how the rules apply to your case
- Dismiss an appeal without a full hearing
- Request a supervisory review instead of a formal appeal
- Request a summons for a witness
- Address jurisdictional issues
How to submit a pre-hearing application
- Prepare a written request explaining what you are requesting and why
- Include any documents that support your request
- Send your request to BCFIRB and send a copy to all other parties in the appeal
After receiving your request, BCFIRB may give the other parties a deadline to respond. Everyone must share their responses with BCFIRB and with each other. BCFIRB may also schedule a conference to discuss the application.
Most decisions are made before the hearing. Some may be postponed until the hearing or final decision.
Ask to exclude confidential information
If you believe some or all of a document should not be shared with the other parties, you can apply for non-disclosure. This might apply to sensitive business, financial or personal information.
Your request must:
- Identify the information you want withheld
- Explain why it should be kept confidential
- Notify the other parties that you are applying for non-disclosure, and briefly explain why (without revealing the sensitive content)
The other parties will have an opportunity to respond. If BCFIRB denies your request, the documents must be shared within 3 business days of BCFIRB’s decision.
To learn more, see Rule 12 of the Rules for Practice and Procedure for Appeals (PDF, 251KB).
Ask for additional records
If you believe the regulated marketing board, or someone else, has documents that are important to your appeal but weren’t shared, you can apply for document production.
You must send your request at least 15 business days before the hearing. Your request must include:
- The specific documents you’re asking for
- Who has them
- Why they are needed for a fair hearing
The other parties have 3 days to respond.
To learn more, see Rule 13 of Rules for Practice and Procedure for Appeals (PDF, 251KB).
Request a summons for a witness
If someone has important evidence but won’t attend voluntarily, you can ask BCFIRB to issue a summons. A summons is a legal order to appear and give evidence or bring documents to the hearing.
Your written request must include:
- The person’s full name, address, phone number and e-mail address
- Why their evidence is relevant to the appeal
- Whether you are asking them to bring specific documents or materials
- What steps you have taken to get the person to attend voluntarily
You do not need to send your application to the witness or to the other parties. If the person lives far from the hearing location, BCFIRB may require you to cover their travel costs.
A person who receives a summons can apply to BCFIRB to cancel it. If a summons is cancelled, BCFIRB may order another way to provide the evidence, such as submitting it in writing.
To learn more, see Rule 14 of Rules for Practice and Procedure for Appeals (PDF, 251KB).
Ask to postpone the hearing
If you need more time, you can apply to BCFIRB for an adjournment. This means asking to delay or reschedule part or all of the hearing process. Your written request must include:
- Why you’re asking for the delay
- How it could affect the appeal
You must send a copy of the request to all other parties. They have 3 business days to respond. BCFIRB may also postpone a hearing on its own. When deciding, BCFIRB will consider the reason for the delay, whether it would cause unreasonable delay, and the impact on other parties and the public interest.
If an adjournment is granted, BCFIRB may set new deadlines or require other steps to keep the appeal moving forward.
To learn more, see Rule 16 of Rules for Practice and Procedure for Appeals (PDF, 251KB).
Pre-hearing instructions
Before the hearing, BCFIRB will send you written instructions, including:
- The hearing format (in-person, virtual, or written-only)
- Time limits for presenting arguments and questioning witnesses
- Any orders related to document sharing or pre-hearing compliance
These instructions are typically provided a few weeks before the hearing, once all pre-hearing matters are settled.
How to withdraw an appeal
You can withdraw all or part of an appeal at any time before a final decision is made.
- Submit a signed Notice of Withdrawal in writing to BCFIRB
- Serve a copy to the regulated marketing board or commission and any interveners
- BCFIRB will then formally close the appeal
Once withdrawn, the same decision cannot be appealed again unless new evidence arises. If you withdraw late in the process, the regulated marketing board may request cost recovery.
To learn more, see Rule 3 of Rules for Practice and Procedure for Appeals (PDF, 251KB).
Need help?
If you have concerns or are unsure about any part of the process, contact BCFIRB. Our staff are available to guide you.