Commercial fisheries licensing rules and policies reference document Pacific region

Pacific region licence appeal board (PRLAB)

The Minister established the Pacific Region Licence Appeal Board (PRLAB) in 1979 as the last administrative level of appeal for fish harvesters who are dissatisfied with licensing decisions made by DFO.

Mandate

The PRLAB is at arm’s length from DFO. Their mandate is to consider all information provided to:

• determine if the appellant was treated fairly in accordance with DFO licensing policies, practices, and procedures;
• determine if extenuating circumstances exist for deviation from established policies, practices, and procedures; and
• provide a full rationale with any recommendation when exceptions to licensing policies, practices, and procedures have been recommended in individual cases.

The PRLAB then makes a written recommendation to the Minister of Fisheries and Oceans who makes the final decision.

Questions on whether policies are reasonable or appropriate, or suggestions for policy changes, should be raised through the fisheries management advisory process. The PRLAB does not make decisions on licence policy, although, if requested, they may provide advice to the Minister on changes to licensing practices and procedures.

Reasons for requesting an appeal

The PRLAB only hears appeals relating to elements of fact and process, or involving extenuating circumstances.

The PRLAB has the discretion to refuse to grant an appeal, if the appeal is determined to be made on unwarranted grounds or there is no acceptable reason for non-attendance at a previously scheduled appeal hearing.

Deadlines

PRLAB will only hear appeals resulting from licensing decisions which occurred within two years; that is, from the time a grievance is alleged to the date a notice of intent to appeal is filed. Licence limitation appeals must be filed within two years from January 1st of the year following the announcement of the limitation program.

Requesting an appeal hearing

Appellants are referred to the PRLAB by receipt of a letter that denies issuance of a licence or an exemption from licensing rules and policies.

If you wish to request an appeal, a written request must be submitted which includes detailed reasons for the appeal and any additional relevant information.

The decision to grant an appeal to be reheard rests entirely with the PRLAB. However, this may only be requested should new information be presented.

Once the written request is received, the PRLAB Liaison Officer will schedule an appointment for the appellant’s appeal to be heard at the next scheduled meeting or the next meeting this person is able to attend. The appellant will be notified of the date, time and location of their appointment with the PRLAB. Each appointment is scheduled for 45 minutes.

Preparing for a hearing

If the appellant has other documents or relevant information they wish the PRLAB to consider, it should be provided to the PRLAB Liaison Officer a minimum of 10 days before the hearing date.

Attending a hearing

Appellants may appear either in person or via conference call. An appellant may request that PRLAB make a recommendation to the Minister based on a written submission only.

The appellant will be given an opportunity to summarize their appeal and supporting documentation. PRLAB members may then ask questions on any points which they would like clarification. Material presented both in writing and orally at the hearing is considered part of the appeal record.

Appellants may be required to submit a statutory declaration under Fishery (General) Regulations Section 8. (1)(b) verifying that the information and documentation provided is complete, accurate and true. If an appellant provides falsified documents, evidence of previously under-reported fish or other illegal activities, the PRLAB will be required to provide this information to DFO or any other investigative body responsible for enforcing the laws of Canada or a province.

Hearings are generally held once or twice a year and are held at DFO’s Pacific Regional Headquarters at 200 – 401 Burrard Street in Vancouver.

Withdrawing an appeal

An appeal may be withdrawn at any time by notifying DFO in writing.

Appeal decisions

All appellants will be advised in writing of the Minister's decision. As under Section 7 of the Fisheries Act, the Minister of Fisheries and Oceans has absolute discretion in the issuance of licences so the decision of the Minister is final.

For more information

To obtain more information about the Pacific Region Licence Appeal Board, contact the PRLAB Liaison Officer. Submissions may be mailed or sent by fax to:
Fisheries and Oceans Canada
Pacific Region Licence Appeal Board
200 – 401 Burrard Street Vancouver, BC V6C 3S4
Telephone: 604-666-1640
Fax: 604-666-5855

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