Industry: Vegetable
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Update #2: 2021 Review of Allegations of Bad Faith and Unlawful Activities
BCFIRB provides an update on the supervisory review of allegations of bad faith and unlawful activities in the B.C. Vegetable Marketing Commission, noting that it has issued decisions regarding interim orders, participants in the review and the rules of practice and procedure.
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Memorandum of argument of Thomas Fresh Inc. and Prokam Enterprises Ltd.
Excerpts from appeals by Thomas Fresh Inc. and Prokam Enterprises Ltd. of decisions and cease and desist orders issued by the B.C. Vegetable Marketing Commission.
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Decision: Prokam Enterprises Ltd. v. BCVMC — Appeals #N1908 and #N2101
BCFIRB issues a decision on the appeals by Prokam Enterprises Ltd. against the B.C. Vegetable Marketing Commission regarding licensing and marketing directives. The decision addresses the live issues in Appeal #N1908, and dismisses Appeal #N2101 due to lack of an appealable decision.
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Letter: Affleck Hrabinsky Burgoyne LLP to BCFIRB — B.C. Vegetable Marketing Commission participation in supervisory review
Counsel for the B.C. Vegetable Marketing Commission submits a letter to BCFIRB regarding the supervisory review into allegations of bad faith and unlawful activity, clarifying the B.C. Vegetable Marketing Commission’s position and addressing claims made by Prokam.
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Letter: Prokam Enterprises Ltd. to B.C. Vegetable Marketing Commission — Request to issue a Class 1 producer license
Prokam Enterprises Ltd. requests that BCVMC issue Prokam a Class 1 license for the 2021-22 growing season, despite not growing regulated vegetables in the previous season. The letter discusses Prokam’s appeal to BCFIRB and plans for potato planting and marketing.
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Administrative Penalty Framework for Commodity Boards
BCFIRB outlines the Administrative Penalty Framework for B.C.’s regulated marketing boards and commissions. The framework ensures the development and application of administrative penalty policies and procedures in accordance with legislative requirements and procedural fairness, focusing on mandatory biosecurity programs under the NPMA.
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Notice of Supervisory Review — BCVMC Allegations of Bad Faith and Unlawful Activity
BCFIRB initiates a supervisory review into allegations of bad faith and unlawful activity by the B.C. Vegetable Marketing Commission, focusing on potential misconduct and conflicts of interest.
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Letter: Hunter Litigation Chambers to BCFIRB — Response to BCVMC request to defer decisions
Counsel for Prokam Enterprises Ltd. and CFP Marketing Corporation responds to the B.C. Vegetable Marketing Commission’s request that BCFIRB defer decisions related to Prokam and CFP, arguing against the unprecedented direction sought by the commission.
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Directive: BCFIRB to regulated marketing boards and commissions — Final framework for Administrative Monetary Penalties and next steps
BCFIRB outlines the final framework for administrative monetary penalties (AMPs) under the Natural Products Marketing (BC) Act, requiring commodity boards to submit their policies by April 1, 2022. Boards not using penalties must provide a SAFETI-based rationale by June 30, 2021. BCFIRB will review biosecurity program outcomes and ensure consistency across boards.
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Procedural decision: Prokam Enterprises Ltd. v. British Columbia Vegetable Marketing Commission
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.