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Decision: BCFIRB re: Allegations of Bad Faith and Unlawful Activity Review (PDF, 528.3KB)
This is the final decision of the supervisory review BCFIRB initiated on May 26, 2021. The review was triggered by civil lawsuits filed by Prokam and MPL alleging misfeasance of public office against B.C. Vegetable Marketing Commission members and staff.
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Decision: Allegations of bad faith and unlawful activity supervisory review (PDF, 528.6KB)
BCFIRB provides its decisions and reasons in the supervisory review of allegations of bad faith and unlawful activity in the B.C. Vegetable Marketing Commission. The panel concluded that the claims were largely speculative and unsubstantiated. BCFIRB rescinded its interim orders and directed hearing counsel to provide further submissions on next steps.
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Closing argument of hearing counsel: Allegations of bad faith and unlawful activity in the B.C. Vegetable Marketing Commission (PDF, 426.0KB)
Hearing Counsel presents a closing argument addressing allegations of bad faith and unlawful activity by BCVMC, focusing on claims of misfeasance in public office and procedural fairness. They conclude that there is insufficient evidence to support the serious allegations made.
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Decision: BCFIRB — Implementation and compliance of Administrative Monetary Penalties (AMPs) (PDF, 190.7KB)
BCFIRB reviews the rationales from five commodity boards for not implementing Administrative Monetary Penalties (AMPs) for biosecurity programs. BCFIRB rejects the rationales from the B.C. Turkey Marketing Board, B.C. Hog Marketing Commission, and B.C. Milk Marketing Board (BCMMB), and directs them to take further steps toward developing AMPs or justifying their positions.
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Allegations of bad faith and unlawful activity — interim orders on B.C. Vegetable Marketing Commission panels (PDF, 159.9KB)
BCFIRB issued interim orders regarding allegations of bad faith and unlawful activity by BCVMC. The orders address panel composition and decision-making processes during the supervisory review.
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Revised rules of practice and procedure and document disclosure order: Allegations of bad faith and unlawful activity (PDF, 144.0KB)
The BCFIRB issues a document disclosure order requiring MPL British Columbia Distributors Inc. to produce all relevant documents for the supervisory review of allegations of bad faith and unlawful activity.
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Allegations of bad faith and unlawful activity — interim orders (PDF, 172.3KB)
The BCFIRB issued interim orders restricting the B.C. Vegetable Marketing Commission’s activities during the supervisory review into allegations of bad faith and unlawful activity. The orders prevent certain commissioners from participating in decisions affecting Prokam, CFP and MPL.
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Procedural decision: Prokam Enterprises Ltd. v. British Columbia Vegetable Marketing Commission (PDF, 223.0KB)
Procedural decision regarding an appeal of BCVMC’s reconsideration decision by Prokam Enterprises Ltd. The appeal concerns issues related to Prokam’s licence class and an interim order for storage crops marketing. The appeal was deferred pending the conclusion of a 2021 supervisory review addressing allegations of bad faith and unlawful conduct.
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Decision: Allegations of bad faith and unlawful activity — Participation and interim orders (PDF, 133.8KB)
BCFIRB issues a decision regarding participation and interim orders in the supervisory review of allegations of bad faith and unlawful activities in the B.C. Vegetable Marketing Commission.
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Procedural decision: Prokam Enterprises Ltd. v. British Columbia Vegetable Marketing Commission (PDF, 273.8KB)
The decision addresses whether there are unresolved issues in appeals deferred during a supervisory review, and considers the BCVMC’s application for summary dismissal of an earlier appeal. The appeals involve Prokam’s licensing and marketing directives under the General Marketing Agreement.