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?).
  • Read about BCFIRB's "SAFETI" principles of its governance initiative

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.

• Find a decision

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

• Read more about judicial reviews

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

• Read more about the Ombudsperson

Contact BCFIRB