2019 Vegetable Supervisory Review

Purpose and Scope

This supervisory review arises out of a history of appeals and related matters as set out in the Timeline and Documents section below.

Review Objectives

This supervisory review will focus on three areas:

BC Vegetable Marketing Commission composition

Agency accountability

Delivery allocation

Process

Phase 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 obtaining feedback from eight stakeholders, the panel finalized the Review topics. See Submission Summary.
  • Due to the low number of submissions, the panel is seeking input by May 29, 2020 on how stakeholders want to be consulted. See Engagement Survey.

The process will be developed, adapted and reported on as the Review moves forward. Any process updates and changes will be recorded on this web page.

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
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.

 

 

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