Environmental Law Blog
The HOLY GRAIL: What are Certificates of Compliance and why do we all want one?
December 9, 2024
Richard E. Bereti*
*Richard Bereti Law Corporation
Partner
He/Him/His
Richard has over thirty years of commercial litigation experience, and has become a Canada-wide authority in environmental law.
Biography
Richard is the chair of Harper Grey’s environmental law group and a senior member of our commercial litigation group. He is the former Managing Partner of the firm, recently completing two three-year terms.
Consistently recognized as a leader is his field by numerous ranking publications, including Lexpert, Chambers, Best Lawyers, and Benchmark, Richard has established a reputation as one of Canada’s leading environmental law practitioners.
An accomplished author, Richard has co-authored two books. The first, British Columbia Environmental Management Legislation & Commentary, now in its fourth edition, is a guide to the regulation of contaminated sites. The second, Halsbury’s Laws of Canada – Environment (2022 Reissue) is an expansive volume covering most aspects of environmental law across Canada. He is former adjunct professor of law at the University of British Columbia, and often speaks at continuing legal education and industry conferences on environmental and commercial litigation issues.
Richard advises industrial and commercial enterprises of all kinds, including owners of commercial property, developers, parent companies and subsidiaries, municipalities, engineers and consultants, share and asset buyers and sellers, and directors and officers. He has acted in several leading environmental cases, and provides advice to enterprises on a broad range of environmental issues across Canada. Richard has particular strength in resolving issues with regulators, and achieving practical, business-focused results in complex civil and regulatory matters, including the many issues that arise for businesses out of their operations, corporate transactions, spills, and quasi-criminal charges.
Richard also has experience advising clients in aviation disputes. These types of claims are complex, and Richard’s clients rely on him to navigate the unique challenges associated with them, leaning on his in-depth knowledge of regional considerations and access to appropriate experts. Richard’s experience in this space includes acting for airports, air service companies, and the many interests involved in aviation-related incidents and disputes.
While Richard is known as a litigation and regulatory lawyer, he has gained significant experience in alternative dispute resolution. His understanding of the nuances of litigation gives him the foundation and insight to effectively advocate in the mediation and conflict management context.
Originally from Saskatchewan, Richard spends part of his summer vacation with his family at their lakeside cabin on the prairie.
Assistance Team
Expertise
Education
University of British Columbia, LL.B., 1992
University of Regina, B.Ed. (With Distinction), 1989
Languages spoken
- English
Experience
Work on behalf of corporations
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Remediation advice
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Remediation cost recovery
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Spill and emergency response
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Share and asset transactions
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Commercial real estate transactions
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Commercial real estate development
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Director and officer liability
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Parent and subsidiary liability
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Due diligence
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Negotiating environmental liability, risk, and responsibility
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Negotiating issues related to contaminated Indigenous land
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Advice regarding the development of contaminated lands
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Advice regarding air, water, soil, vapour, noise, and other contamination issues
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Corporate governance and structure related to managing environmental risk
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Advice regarding environmental provisions in contracts, leases, indemnities, and releases
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Access and remediation agreements
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Landowner/tenant issues respecting contamination
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Criminal and quasi-criminal environmental investigations and charges
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Government-ordered remediation and/or investigation
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Regulatory appeals
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Certificates of Compliance and other ministry instruments
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Advice regarding Federal and Provincial regulations and related orders
Work on behalf of the environmental industry
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Acting for environmental consultants and contractors alleged to have been negligent during investigation and/or remediation
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Advising consultants on legal and regulatory aspects of remediation of contaminated sites, from initial investigation through risk assessment, pilot studies, and implementation of remedial measures
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Preparation of expert witnesses
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Drafting and providing advice regarding consultants’ contracts, access agreements, indemnities, and releases
Significant Cases
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Counsel for Morguard in the Environmental Appeal Board decision Morguard v. Ministry of Environment which addressed numerous issues surrounding the Ministry’s authority to reject Certificate of Compliance applications
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Counsel for CN Rail in one of the most influential decisions regarding “responsible person” status of historic owners/operators of contaminated sites; Beazer East Inc., et al. v. British Columbia
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Acting for various parties following judgment in a leading case on allocation of costs of remediation; Gehring
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Acting for an international distributor in defence of various quasi-criminal charges under the Ozone Depletion Regulation (Federal)
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Acting for company charged under protected species legislation
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Representing an energy company in a matter before the Environmental Appeal Board regarding the responsibility of individual directors, officers, and employees for corporate liability; Lawson v. Deputy Director Waste Management et al
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Representing an energy company in litigation that addressed the preconditions to cost recovery actions; No. 158 Seabright Holdings Ltd. et al v. Imperial Oil Limited et al
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Counsel for a pension plan that owns significantly contaminated property on Vancouver Island
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Counsel for a corporation dealing with quasi-criminal environmental offences related to release of contamination through specific business practices
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Counsel for an amalgamated corporation to determine environmental liability among its various historic corporate parts
Professional Credentials
Leadership
- CLE AMP Mentoring Program, Mentor
- Access Pro Bono, Volunteer
- Halsbury’s Laws of Canada, Environmental Law, Author (2022)
- 4th Edition of British Columbia Environmental Management Legislation & Commentary, LexisNexis® Canada, Author (2016)
- Quickscribe Services Ltd., Environmental Law, Designated Expert (2014 – current)
- Harper Grey Environmental Law Group, Chair
- Harper Grey, Former Managing Partner (2012 – 2018)
- Harper Grey Mentoring Program, Mentor
- Harper Grey Practice Management Committee, Former Member (2011 – 2018)
- PBLI: Dealing with Contaminated Land in British Columbia Workshop, Past Chair
- CLEBC – Environmental Law Conference, Past Co-Chair
- UBC Faculty of Law, Environmental Law, Former Adjunct Professor
- UBC Faculty of Engineering, (Environmental Law), Guest Lecturer
Memberships
- The Law Society of British Columbia, Member
- Canadian Bar Association, BC Branch Subsections, Member: Aboriginal Law (Vancouver), Administrative Law, Civil Litigation (Vancouver), Construction Law, Environmental Law, Insurance Law, Law Practice Management, Municipal Law, National Environment, Energy and Resources Law, Natural Resources Law, Real Property (Vancouver)
- Canadian Urban Institute, Member
- Environmental Managers Association of BC (EMABC), Member
- BC Expropriation Association, Member
- BC Environmental Industry Association (BCEIA), Member
- Ontario Bar Association (OBA), Environmental Subsection, Member
Recognition
Named as a “Leading Lawyer” in the area of Environmental Law (Nationwide-Canada) by Chambers Canada®
2017 – 2025
Recognized as a “Leading Lawyer” in the area of Environmental Law by Best Lawyers® in Canada
2015 – 2025
Recognized as a “Leading Lawyer” in the area of Corporate and Commercial Litigation by Best Lawyers® in Canada
2025
Recognized as a “Repeatedly Recommended” in the area of Environmental Law by Canadian Legal Lexpert Directory®
2017-2024
Recognized as a “Local Litigation Star” in British Columbia in the area of Environmental Law by Benchmark Canada®
2018-2024
Recognized as “Leading Lawyer” in the area of Environmental Law in Chambers Global Guide
2024
Commentaries
Select Cases
Sewer pipe rupture
Defending a company, the former owners of two apartment buildings in Victoria, British Columbia, against allegations of fraud in relation to the rupture of a sewer pipe.
Counsel for a company in an appeal
Retained as counsel for a company in an appeal of a decision refusing riparian area application for riverside development.
Retained by a life assurance company
Retained with the authorization of the other life assurance companies to opine and mediate on a historic liability dispute among the three entities, which have now amalgamated into one company.
Acting for Cheam Band
Analysis of federal and provincial jurisdiction in context of contamination of reserve lands in BC.
The Latest
News
Richard Bereti recognized in Lexpert Special Edition: Energy and Mining 2024
September 10, 2024
