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.

Go to:

• Timeline and Documents

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

• On April 3, 2020 all regulated vegetable producers and stakeholders were invited to provide written input on three proposed Vegetable Review topics by April 30, 2020. See Supervisory Review Topics for Consultation (PDF).
• After getting feedback from eight stakeholders, the panel finalized the Review topics. See the Consultation Submission Summary (May 15, 2020) (PDF).
• The panel asked stakeholders to complete an online engagement survey by May 29, 2020 on how they want to be consulted. See the Engagement Survey (docx).

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).
  • See the Consultation Document (PDF) for consultation background and questions.
  • See Timeline and Documents  for written submissions.
• The panel met with members of the regulated vegetable industry and other interested parties who asked to be contacted (July/August 2020).
  • See the What We Heard Summary (PDF)

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)

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.