2019-2020 Vegetable Supervisory Review

Purpose and Scope

BCFIRB initiated this Supervisory Review (Review) to support the BC Vegetable Marketing Commission (Commission) with its projects related to Commission governance, agencies, and storage crop industry policies and rules. These projects and this Review arise, in part, from a recent series of appeals and industry issues.

This Review also relates to the Commission’s 2019 decision to place a moratorium on agency and producer-shipper applications for an unstated period of time pending completion of its strategic planning and agency accountability projects.

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Review Focus

After consultation with industry and the Commission, the areas of focus for this Review, are:

  • Commission structure;
  • Agency accountability; and
  • Storage crop delivery allocation.

See the Consultation Submission Summary (May 15, 2020) (PDF).

Process

Step 1: Establish a Terms of Reference

Step 2: Industry Consultation

  • On July 10, 2020 all regulated vegetable producers and stakeholders were invited to provide written submissions on the Review areas of focus by August 26, 2020 (extended from August 19, 2020 and August 21, 2020).
  • The panel met with members of the regulated vegetable industry and other interested parties who asked to be contacted (July/August 2020).

Step 3: Commission Consultation

  • The Commission was invited to provide a written submission by September 4, 2020. The submission was to include input on the Review topics, the status of agency accountability and delivery allocation projects and any responses to industry submissions and consultation meeting summary. (Addendum: The Commission requested a submission extension on September 3, 2020. The Vegetable Review panel chair agreed, and the deadline was extended to September 11, 2020. On September 10, 2020, the panel Chair granted a further extension to Wednesday, September 16, 2020 at the Commission’s request. The panel expected the extensions would not impact its decision schedule.) The September 16, 2020 submission is posted under Timelines and Documents.
  • The panel is scheduling a follow-up meeting with the Commission Working Group for the mid to end of September 2020.
    (Addendum: The panel - Commission Working Group met on Tuesday, September 29, 2020. A Meeting Report is posted under Timelines and Documents)

  • A second follow-up meeting was held on October 16, 2020 to discuss panel questions about the Agency Accountability Framework. The Commission provided a written response to the panel questions discussed at the meeting.  The response is posted under Timelines and Documents.

Step 4: Commission Moratorium

On October 21, 2020 the panel directed the Commission to lift the its moratorium on new agency and producer-shipper applications. The decision is posted under Timelines and Documents.

Timeline and Documents

Review letters and documents are posted to ensure a transparent, fair and accountable process. Persons are responsible in the first instance for informing BCFIRB if, in their view, the information they are providing is confidential. The panel will assess the information and reasons for confidentiality before determining  if or how the information should be disclosed.

Use the search box and the table sort function (click in the table headings) to find documents.

Timeline and Documents Table
When Who What
2021-02-16 BCFIRB Letter (PDF) Vegetable Review: Conflict of Interest Form, Code of Conduct and Agency Data Timeline
2020-12-22 BCFIRB Decision (PDF) Vegetable Review Decision
2020-12-11 BCFIRB Letter (PDF) Supervisory Review Update for VMC
2020-12-01 BCFIRB Letter (PDF) regarding Vegetable Review Update
2020-11-04 BCVMC Reply (PDF) to the Panel's October 16th Questions
2020-10-21 BCFIRB Decision (PDF) directing the Vegetable Commission to lift its moratorium on new agency and producer-shipper applications
2020-09-29 BCFIRB Meeting report (PDF) regarding the September 29 meeting between the BCFIRB panel and the VMC working group.
2020-09-30 Mastronardi Letter (PDF) MPL BC seeking BCFIRB order on agency application.
2020-09-22 BCFIRB Letter (PDF) Mastronardi agency application and moratorium
2020-09-16 BCVMC Written Submission (PDF) BCVMC
2020-09-14 Mastronardi Letter (PDF) from Mastronardi requesting the agency application moratorium be lifted.
2020-08-31 Vancouver Island Farm Products Inc. Written Submission (PDF) Vancouver Island Farm Products Inc.
2020-08-26 Prokam - CFP Written Submission (PDF) Prokam-CFP
2020-08-26 BC Fresh Written Submission (PDF) BC Fresh
2020-08-26 Mastronardi Written Submission (PDF) Mastronardi
2020-08-25 IVCA Written Submission (PDF) IVCA
2020-08-21 Westcoast Produce Wholesalers Written Submission (PDF) A Bregg Westcoast Produce Wholesalers
2020-08-19 West Coast Vegetable Ltd. Written Submission (PDF) VanMarrewk West Coast Vegetable Ltd.
2020-08-14 Gordon Foods Written Submission (PDF) Brownell Gordon Foods
2020-08-14 Sunnyside Produce Ltd Written Submission (PDF) Jos Moreman Sunnyside Produce
2020-08-14 BCFIRB

What We Heard Summary (PDF) Summary of July consultation meetings

UPDATED What We Heard Summary (PDF) August 19, 2020

2020-08-13 BCFIRB Letter (PDF) Process update and consultation with the VMC working group.
2020-07-27 BCFIRB Letter (PDF) Response to Mastronardi Produce Ltd. re: Agency Application Moratorium and Submission
2020-07-20
Mastronardi Produce Ltd.
Letter (PDF) Response to BCFIRB re: timeline for lifting agency application moratorium
2020-07-14 BCFIRB Letter (PDF) Timeline for lifting agency application moratorium
2020-06-26 BCFIRB Meeting report (PDF) regarding the June 15 meeting between the BCFIRB panel and the VMC working group.
2020-06-22 Mastronardi Produce Ltd. Letter (PDF) regarding the moratorium on agency applications.
2020-06-11 BCFIRB Letter (PDF) in response to Mastronardi's April 29,2020 submission regarding its process questions.
2020-05-27 BCFIRB Meeting report (PDF) regarding the May 14 meeting between the BCFIRB panel and the VMC working group.
2020-05-26 BCFIRB Letter (PDF) in response to Mastronardi's April 29, 2020 submission.
2020-05-22 BCFIRB Letter (PDF) in response to Prokam's April 30, 2020 submission.
2020-05-15 BCFIRB Survey document (Docx) for stakeholders to send in to BCFIRB.
2020-05-15 BCFIRB Summary of Submissions (PDF)  received from stakeholders regarding the panel's proposed topics of review.
2020-05-15 BCFIRB Email to industry (PDF) outlining Review topics, Topics for Consultation Submissions summary, and requesting stakeholders complete an engagement survey.
2020-05-14 BCFIRB, VMC Meeting between BCFIRB panel and VMC working group to provide update on progress so far, and discuss next steps in the review process.
2020-04-03 BCFIRB Consultation document (PDF) seeking input on review topics and approach to consultation.
2020-04-03 BCFIRB Letter (PDF) reporting out on meeting between VMC Strategic Planning Working Group and supervisory panel.
2020-03-30 BCFIRB Supervisory panel response (PDF) to Prokam's request for its deferred appeal to be heard with an appeal filed by IVCA.
2020-02-14 The Vegetable Commission VMC Strategic Planning Committee status update letter (PDF) to BCFIRB Panel Chair in response to the Panel's November 27, 2019 letter.
2020-02-11 BCFIRB Prior Approval decision (PDF) regarding Prokam's 2020/21 Delivery Allocation.
2020-01-22 BCFRB Letter (PDF) requesting Prokam's feedback regarding the Vegetable Commission's January 17, 2020 delivery allocation calculation for 2020/21.
2020-01-22 BCFIRB Letter (PDF) in response to Prokam Enterprises and CFP Marketing Corporation supervisory process requests and delivery allocation.
2020-01-17 The Vegetable Commission Submission to the panel for prior approval of Prokam's 2020/21 delivery allocation, in response to BCFIRB's January 10, 2020 interim relief decision.
2020-01-10 BCFIRB Interim relief decision (PDF) to address Prokam's production and marketing for 2020/21. 
2020-01-09 BCFIRB Letter (PDF) containing the panel's decision to address Prokam's objections without further submissions or process, in response to Prokam's  December 30, 2019 and January 9, 2020 letters, and BCfresh's January 3, 2019 and January 8, 2019 letters.
2020-01-09 Prokam Letter (PDF) from Prokam in response to BCfresh's January 8, 2019 letter, restating Prokam's position as put forward in their December 30, 2019 letter. 
2020-01-08 BCfresh Letter (PDF) stating BCfresh's position that Prokam is obliged to seek a ruling from the supervisory panel regarding both Prokam's allegation of bias, as well as evidentiary objections.
2020-01-03 BCfresh Letter (PDF) requesting time for BCFresh to further consider the position stated in Prokam's December 30, 2019 letter.
2019-12-30 Prokam March 26, 2018 letter (PDF) attached to Prokam's December 30, 2019 letter.
2019-12-30 Prokam Letter (PDF) stating Prokam's objection to the supervisory panel considering any evidence from the Vegetable Commission or BCfresh that Prokam has not had the opportunity to hear and test.
2019-12-16 BCfresh, Prokam Enterprises Ltd., the Vegetable Commission Written comments by BCfresh (PDF), Prokam Enterprises Ltd., the Vegetable Commission on the positions of other participants provided on December 10, 2019.
2019-12-10 BCfresh, Prokam Enterprises Ltd., the Vegetable Commission Written responses by BCfresh (PDF), Prokam Enterprises Ltd., the Vegetable Commission to questions asked by BCFIRB on December 4, 2019.
2019-12-04 BCFIRB Letter (PDF) requesting written submissions from the Vegetable Commission, Prokam and BCfresh on specific questions.
2019-11-29 BCFIRB

Transfer of appeal to supervisory review (PDF). Order to defer consideration of Prokam’s November appeal in accordance with s. 8(8) of the Natural Products Marketing (BC) Act until completion of the supervisory process.

2019-11-27 BCFIRB Letter (PDF) provides a scope development update and next steps in the Supervisory Review.
2019-11-18 The Vegetable Commission Reconsideration (PDF) of December 2017 Vegetable Commission Decision on Allegations of Non-Compliance by the Island Vegetable Co-Operative Association, Prokam Enterprises Ltd., and Thomas Fresh Inc.
2019-11-06 BCFIRB Thank you letter (PDF) following the meeting of the BCFIRB supervisory panel with the Vegetable Commission.
2019-10-07 BCFIRB Prokam’s request (PDF) is forwarded to the supervisory panel for their consideration as the Prokam/Thomas Fresh appeal is complete and appeal panel has no authority.
2019-09-27 BCFIRB Letter announcing the supervisory review (PDF) and the first steps in the supervisory process.
2019-09-20 Prokam Enterprises Ltd. Request to Prokam/Thomas Fresh appeal panel for a producer-shipper licence for the growing season April 1, 2020 – March 31, 2021 and a new calculation of Prokam’s delivery allocation without regard to the previous growing seasons.
2019-09-10 BCFIRB Transfer of the appeal to supervisory review (PDF). Order to defer further consideration of CFP’s appeal in accordance with s. 8(8) of the Natural Products Marketing (BC) Act (NPMA) until the supervisory process has been completed.
2019-07-03 CFP Marketing Corporation (CFP) Appeal of the Vegetable Commission decision to summarily dismiss CFP’s agency application and impose moratorium on agency and producer-shipper licence applications while certain projects are completed. CFP seeks an order setting aside the summary dismissal. CFP asks BCFIRB to direct the Commission to approve CFP as a designated agency or alternatively, to forthwith process the application in a manner consistent with its General Orders.
2019-02-28 BCFIRB Appeal decision (PDF) where BCFIRB directs the Vegetable Commission to reconsider its orders in Prokam and Thomas Fresh Inc. case.