The B.C. Farm Industry Review Board (BCFIRB) conducts supervisory reviews to address issues in regulated marketing in B.C. They are conducted under the Natural Products Marketing (BC) Act (NPMA) and typically involve independent research, consultation with interest holders, and sometimes formal hearings.
When supervisory reviews are used
Supervisory reviews are a tool BCFIRB uses to proactively address issues in the regulated marketing system outside the appeal process.
Supervisory reviews are commonly used to address:
- Systemic issues within a regulated agricultural sector
- Cross-sector issues affecting more than one regulated sector
- Governance or procedural issues
When BCFIRB can conduct a supervisory review
BCFIRB can exercise its supervisory powers at any time, with or without a formal hearing. BCFIRB may launch a supervisory review:
- At its own discretion
- Responding to issues raised in an appeal
- At the request of a board or commission, industry or other interest holder
If a supervisory review relates to issues in an active appeal, BCFIRB may defer the appeal until the review is complete.
Supervisory reviews:
- Promote accountability, transparency and good governance
- Provide guidance to regulated marketing boards and commissions
- Address systemic or complex issues outside individual appeals
Supervisory review process
Supervisory reviews often happen over a period of months or years. They are usually divided into several distinct phases.
Initiating a supervisory review
When BCFIRB starts a supervisory review, the chair will form a panel of BCFIRB members.
Supervisory panels can exercise any of BCFIRB’s powers—for example, requesting documents or summoning witnesses. They follow procedures set out in the Supervisory Practice Directive (PDF, 77KB)
At the start of a review, BCFIRB:
- Defines the focus and scope of the review
- Establishes the review panel
Consultation and engagement
BCFIRB asks for input from boards and commissions, producers and other interested parties. The panel may:
- Make a call for written submissions
- Conduct its own research and analysis
- Direct boards and commissions to conduct their own research or consultation
- Determine that a formal hearing is necessary
Interim orders
While the review is ongoing, the panel may issue orders to parties to clarify procedural issues. Interim orders are used to:
- Ensure that sectors continue to operate smoothly
- Remove uncertainty for producers, boards and commissions
- Address urgent issues
Formal hearings
If necessary, the panel may decide to hold a formal hearing and accept oral evidence or invite written hearing submissions. Before a hearing, BCFIRB may:
- Invite and/or summon witnesses to appear
- Have a pre-hearing conference call
- Request documents or other evidence
Decisions and orders
At the end of a review, the panel will:
- Publish its findings in a final report or decision
- Issue new orders or directions to boards and commissions as needed
Supervisory decisions and orders are subject to judicial review by the B.C. Supreme Court.
Transparency in supervisory reviews
Transparency is one of BCFIRB’s governance principles. BCFIRB publishes most documents and submissions relating to supervisory reviews online. This includes:
- Decisions, directions and orders issued by BCFIRB
- Correspondence to and from BCFIRB about the issues under review
- Written submissions and evidence
If hearings are held, they are usually open to the public. In some circumstances, BCFIRB may agree to accept evidence or testimony confidentially.
Keeping information confidential
Participants involved in a supervisory review can ask BCFIRB not to disclose certain information. This could include:
- Withholding all or part of a document
- Holding part of a hearing in private
To do this, they must submit a formal written request to BCFIRB.
Before making a non-disclosure order, the supervisory panel considers:
- What specific information the person wants kept confidential
- What interests or concerns they are trying to protect
- Whether confidentiality is necessary to protect those interests
- Whether making the information public is in the public interest
- Whether any reasonable alternatives or accommodations are available
Confidential treatment is generally used to protect information that is personal, private, or financially or commercially sensitive.
For more information, review Protection of Privacy and Confidentiality in BCFIRB Supervisory Processes and Reviews (PDF, 143KB).