Type: Decision
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Decision: Vanmar Poultry Ltd. v. British Columbia Chicken Marketing Board
Appeal of a BCCMB decision to apply OFFSAP non-compliance penalties to later quota periods (A-89, A-90) after an administrative error prevented their application in the original periods.
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Preliminary decision: Miller v. Pan-O-Ramic Farms Ltd.
Complaint related to odour from manure management practices of a dairy farm in Coldstream. Complainants who filed as a group were directed to file individual complaints or apply for intervener status.
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Summary Dismissal: Ronald and Stephanie Smits v British Columbia Milk Marketing Board
Appeal of BCMMB’s decision to deny participation in the Cottage Industry Program based on subsection 1(2) of the Cottage Industry Program Rules. Appellants claimed the rule disqualifying those with a financial interest in quota was unfair.
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Decision: Supervisory review of the B.C. Hog Marketing Commission Price Equalization Program
BCFIRB conducted a supervisory review of the BCHMC’s price equalization program, to address price disparities between producers supplying different processors. The review identified governance issues, including unequal levy application and conflict of interest, and directed BCHMC to freeze the program and address these concerns.
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Decision: Supervisory review of the Vancouver Island chicken industry (2004)
BCFIRB decided whether regulators should give special regulatory supports to make a new chicken processing plant on Vancouver Island viable. BCFIRB declined regulatory supports for a proposed Island Pride processing plant, recommended repeal of section 5.01, and directed BCCMB to maintain quota transfer restrictions pending government policy direction.
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Decision: Allegations of bad faith and unlawful activity supervisory review
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 BCFIRB rescinded its interim orders and directed hearing counsel to provide further submissions on next steps.
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Procedural Decision: Saputo Inc. v. British Columbia Milk Marketing Board
The decision addresses procedural issues concerning the participation of a panel member due to potential conflicts of interest, and Saputo Inc.’s concerns about document disclosure and hearing scheduling. The panel member recused himself, and Saputo was instructed to follow BCFIRB’s procedures for confidentiality and adjournment requests.
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Preliminary decision: Delta (Corporation) v Westcoast Instant Lawns
Complaint about odour from manure application on a turf farm in Delta. Municipality lacked standing to bring odour complaint; complaint dismissed unless filed by affected neighbours.
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Decision: Prokam Enterprises Ltd. and Thomas Fresh Inc. v. British Columbia Vegetable Marketing Commission
Appeal of BCVMC’s decision to not issue a producer-shipper license to Prokam Enterprises Ltd. Prokam sought relief under BCFIRB’s supervisory jurisdiction for a license and delivery allocation adjustments for the 2020-2021 growing season.
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Decision: BCFIRB re: Allegations of Bad Faith and Unlawful Activity Review
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.