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.
- 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