MPL agency designation approval (2022 to 2023)

Regulated marketing in B.C. / Supervisory reviews / MPL agency designation approval (2022 to 2023)

The B.C. Farm Industry Review Board (BCFIRB) has completed a supervisory review of the B.C. Vegetable Marketing Commission’s (BCVMC) recommendation to designate MPL British Columbia Distributors Inc. (MPL BC) as a greenhouse vegetable marketing agency.

What was decided

On October 11, 2023, BCFIRB approved the B.C. Vegetable Marketing Commission’s recommendation to designate MPL BC as an agency to market regulated greenhouse vegetables. BCFIRB issued a corrigendum (corrected decision) on October 20, 2023.

BCFIRB’s corrigendum MPL agency decision – October 20, 2023 (PDF, 178KB)

What this means for affected groups

MPL BC

MPL BC is conditionally approved to:

  • Market regulated greenhouse vegetables on behalf of B.C. producers
  • Exercise specific authorities delegated by the BCVMC
  • Operate within B.C.’s regulated vegetable marketing system

Before it can receive a full designation, MPL BC must meet all conditions outlined in BCFIRB’s decision. These include:

  • Submitting required governance and operational plans
  • Demonstrating internal capacity
  • Agreeing to enhanced oversight during its initial period of operation

Producers

Once licensed, MPL BC adds a new option for accessing markets through the regulated system.  Producers who choose to work with MPL BC must comply with the commission’s licensing and reporting requirements.

Other designated agencies

MPL BC joins other agencies licensed to market greenhouse vegetables in British Columbia. MPL BC’s conditional approval reinforces the standards and accountability expected of all agencies operating in B.C.’s regulated system.

Why BCFIRB conducted this review

On January 12, 2022, BCVMC recommended that MPL BC be granted agency status. As required by section 8 of the Natural Products Marketing (BC) Act Regulations, BCFIRB must approve all new agency designations.

This review was initiated to assess whether:

  • The BCVMC followed a fair and transparent process aligned with BCFIRB’s SAFETI principles
  • The recommendation reflected sound marketing policy and served the public interest

It also addressed concerns raised by interest holders during a previous review, and examined the implications of MPL BC’s prior legal dispute and its resolution with the BCVMC.

Background on the regulated system

B.C.’s greenhouse vegetable sector is regulated. Agencies are licensed to market regulated products on behalf of producers. These agencies must follow rules set by BCVMC and are expected to operate transparently and in the interests of producers and the sector.

Designating a new agency is a significant step. It can affect market access, producer returns and sector stability. For that reason, agency designations undergo detailed review and are not automatically granted.

About agency designation

Designated agencies are private businesses that operate under licence from a regulated marketing board or commission and require approval by BCFIRB. They are authorized to:

  • Market regulated vegetables on behalf of producers
  • Perform activities like storing, packing, shipping, or selling product
  • Carry out delegated regulatory functions under commission oversight

Agency designation is not automatic or permanent. It is reviewed annually by the regulated marketing board or commission and may be revoked based on performance, conduct or changing circumstances.

How the decision was made

Step 1: Terms of Reference (June 2022 to March 2023)

BCFIRB established the Terms of Reference outlining the scope of the review, who could participate, and how the process would work.

Step 2: Submissions and disclosures (March to May 2023)

  • Written submissions were invited from all participants
  • BCVMC disclosed documents it relied on when making the recommendation
  • Participants filed expert reports and supporting materials in advance of the hearing
  • Confidentiality requests were reviewed by the panel

Step 3: In-person hearing (May 23, 24, and 26, 2023)

BCFIRB held a three-day oral hearing with participation from:

  • BCVMC
  • MPL BC
  • Greenhouse Grown Foods Inc. and Windset Farms
  • Village Farms Canada L.P. (oral submission only)

All parties were permitted to question witnesses and submit arguments.

Step 4: Final decision (October 2023)

BCFIRB concluded that the recommendation was procedurally sound and aligned with regulatory objectives. It conditionally approved MPL BC’s designation, subject to the fulfillment of specific requirements.

Following the decision, BCFIRB informed parties with pending appeals that they could proceed if unresolved issues remained. The panel would assess any appeal filings and determine whether further rulings were needed.

Step 5: Revised decision and clarification (October 2023)

BCFIRB issued a revised decision to address interest holder concerns and confirm the scope and conditions of designation.

Documents related to the review

These documents show what happened during the supervisory review. They include submissions, decisions, meeting records and correspondence from 2022 to 2023.