Step 4: The Regulated Marketing Appeal Decision

After hearing the evidence and arguments from both the person filing the appeal and the commodity board (the parties), a panel of BCFIRB members will make a decision. A BCFIRB panel is made up of one or more members.

In making its decision, the BCFIRB panel may consider whether the decision, order or determination at issue in the appeal:

  • Complies with the Natural Products Marketing (BC) Act and the relevant scheme,
  • Accords with sound marketing policy, and
  • Is consistent with principles-based decision making (Was the decision strategic, accountable, fair, effective, transparent, inclusive?).

The BCFIRB panel will provide its decision in writing. The decision will include

  • A statement of the issue on appeal,
  • Findings based on the evidence,
  • The positions of the parties,
  • The panel's conclusions, and
  • Any necessary orders (directions).

The decision is issued to all parties and interveners.

In its decision, the BCFIRB panel may:

  • Dismiss the appeal,
  • Confirm or vary the order, decision or determination being appealed,
  • Return the matter to the marketing board for reconsideration, or
  • Make another order BCFIRB considers appropriate in the circumstances (such as Supervisory Review).

BCFIRB posts all regulated marketing appeal decisions online.

BCFIRB decisions are final and conclusive, but may be judicially reviewed in the Supreme Court of British Columbia. 

BCFIRB processes and procedures can be reviewed by the B.C. Office of the Ombudsperson, providing an additional layer of accountability.