The BC Chicken Marketing Board is seeking BC Farm Industry Review Board (BCFIRB) approval to sign the amended Federal-Provincial Agreement for Chicken – Schedule "B" Operating Agreement. BCFIRB will review the Chicken Board’s request under its independent statutory authority set out in the Natural Products Marketing (BC) Act (NPMA).
BCFIRB, as the B.C. supervisory agency and a supervisory signatory to the Operating Agreement must also make its own, independent determination as to whether it will approve the amendments. This includes an examination of the issues which would have been raised by the Primary Poultry Processors Association of BC should it have continued to pursue its concerns by way of appeal(s).
Background
BCFIRB Considerations and Expectations
Review Process and How to Participate
Supervisory Review Documents
Submissions
Decision
There is a very long and complex history behind the currently proposed amendments to the Operating Agreement. The following summarizes some of the key drivers:
As part of this history, an appeal was filed with BCFIRB by the Primary Poultry Processors association of BC (PPABC) in August 2014. The appeal was put aside by agreement between PPABC and the Chicken Board so that BCFIRB could address this matter in its supervisory capacity under s. 7.1 of the NPMA. As part of that process, the parties agreed to explore the potential of working with western counterparts in an effort to propose flexible, robust solutions to chicken allocation in Canada that would allow the industry to move forward in a manner that meets the intent of supply management.
BCFIRB is conducting its review through a principles/outcomes-based approach using SAFETI (Strategic, Accountable, Fair, Effective, Transparent, Inclusive). As required by s. 9 of the NPMA, BCFIRB must find that the proposed amendments are in accord with the British Columbia Chicken Marketing Board Scheme, 1961 and with “sound marketing policy” and comply with governing legislation, regulation and agreements.
To that end, BCFIRB expects submissions to include a SAFETI-based analysis of stakeholder positions, including argument and evidence related to:
The following sets out process details, including written submission deadlines and dates for a potential in-person hearing. As the process unfolds BCFIRB may amend the deadlines and details as required. Industry stakeholders, including producer associations, related industries such as hatching eggs and other provincial and national chicken and supervisory boards are encouraged to consider providing written submissions as part of the process.
TIMELINE | SUBMISSION |
April 12, 2016 | BCFIRB confirms whether further written submissions are needed (which would be due April 22) and/or confirms an oral hearing is required to address any outstanding issues. |
April 18, 2016 | Chicken Board to provide copy of BCFIRB's April 12, 2016 letter to industry stakeholders. |
April 27, 2016 | Chicken Board, PPPABC and CFC to provide written submissions supported by affidavits in response to the question posed in BCFIRB's April 12, 2016 letter. |
May 11, 2016 (extended from May 4, 2016) | Chicken Board, PPPABC and CFC to provide final response to the April 27, 2016 submissions. |
June | BCFIRB decision. |
The BCFIRB panel reserves the right to raise follow up questions subsequent to receipt of all submissions received and/or determine if further process is required.
For more information contact Wanda Gorsuch, Manager Issues and Planning at 250-356-2465 or Email: Wanda.Gorsuch@gov.bc.ca.
The following is a list of documents, including submissions, related to this review.
Affidavit Submissions
Affidavit Submissions
Affidavit Submissions
On June 9, 2016 BCFIRB received a further submission from PPPABC following the final submission deadline (May 11, 2016). CFC and the Chicken Board were invited to comment on whether the panel should receive the PPPABC further submission. After reviewing the objections of both CFC and the Chicken Board, the panel determined it would receive the PPPABC’s further submission and provided opportunity for CFC and the Chicken Board to provide submissions in response (June 24, 2016) and the opportunity for PPPABC to reply (June 28, 2016) to any CFC and Chicken Board submissions.