Jason Herbert

Partner
About

Jason Herbert has practised administrative law and litigation with the firm since 1999 and is currently the co-chair of the Canadian Professional Governance and Regulation practice.

Jason practises principally in the areas of professional regulation, electricity regulation, and public law litigation.

Jason’s professional regulation practice focuses on advising professional regulatory clients on governance, legislative reforms, bylaw and policy development, professional conduct review and discipline, registration and licensure, public policy advocacy, regulatory compliance, human rights, labour mobility, access to information and privacy, and risk management. His clients include regulatory bodies for multiple professions in British Columbia and Yukon.

Jason is also experienced in advising and acting for a wide range of other clients in, or dealing with, the public sector. This includes advising and acting for clients in the energy and education sectors and acting as litigation counsel in judicial review and other public law litigation.

Jason has appeared as counsel before the British Columbia Supreme Court, the Federal Court of Canada, and the British Columbia, Yukon and Federal Courts of Appeal. He has also appeared as an advocate before various administrative and regulatory tribunals and agencies, including the Yukon Utilities Board, the BC Utilities Commission, the Yukon Water Board, the BC Health Professions Review Board, the Office of the Information and Privacy Commissioner of BC, and the Commission of Inquiry into Money Laundering in BC.

Jason was the Silver Medallist in the 1997 graduating class at the University of Toronto Law School. He was called to the British Columbia Bar in 1999 after completing a one-year clerkship with the Supreme Court of British Columbia, with Madam Justice Saunders as his principal. Jason has also been a member of the Yukon Bar since 2009.

Jason was also the Governor General’s Medallist for the University of British Columbia Faculty of Arts in 1992, and completed a Master's degree in mathematics at the University of Toronto in 1994.
Jason is rated AV® Preeminent, the highest peer review rating, by Martindale-Hubbell. He is also listed by Best Lawyers in Canada for Administrative and Public Law and was recognized by Lexpert in 2010 as a Canadian Litigation Lawyer to Watch.

Jason also volunteers with the Youth Parliament of British Columbia Alumni Society and serves as the current Vice Chair (and past Chair) of its Board of Directors. He also serves as a member of the national Board of Directors of Canada Artistic Swimming.

 
Bar admissionsBritish Columbia, 1999Yukon, 2009

EXPERIENCE

  • Co-counsel for the Complainants in ongoing legal proceedings against the federal political parties of Canada involving the constitutional applicability of provincial privacy laws to the parties and their agents (Liberal Party of Canada v. The Complainants, 2024 BCSC 814).
  • Advising and acting as counsel for a major Yukon electrical utility in its regulatory and related litigation matters.
  • Providing strategic and regulatory advice for various professional regulators undergoing major legislative reforms, including the development and drafting of regulatory bylaws to implement their transition to new regulatory legislation and/or professional regulatory body amalgamations.
  • Acting for various health profession colleges in numerous proceedings before the Health Professions Review Board involving reviews of complaint dispositions and registration decisions, as well as related judicial reviews (including College of Dental Surgeons of British Columbia v. Health Professions Review Board, 2014 BCSC 1841 and Ooms v. Health Professions Review Board, 2022 BCSC 488).
  • Acting for a health profession college intervening on an appeal regarding the constitutionality of professional title restrictions under the BC Health Professions Act (College of Midwives of British Columbia v. MaryMoon, 2020 BCCA 224).
  • Acting for professional regulators in various other litigation matters, including judicial reviews of their regulatory decisions, statutory injunctions, and applications to dismiss civil claims.
  • Acting for a group of port terminals in a judicial review of a port authority’s decision to implement an infrastructure fee under the Canada Marine Act.
  • Acting for a port authority in defending a marine towing company’s application for judicial review of a Transport Canada order for removal of a wrecked tugboat. 
 
Languages
  • English

Awards

  • Recognized, Vancouver Administrative and Public Law, Best Lawyers in Canada, (2017 – 2026)
  • AV® Preeminent Peer Review Rated, Martindale-Hubbell
  • Named, Canadian Litigation Lawyers to Watch, Lexpert, (2010)
Education
  • LL.B., (Silver Medallist), University of Toronto, 1997
  • M.Sc., Mathematics, University of Toronto, 1994
  • B.A. (Honours), Mathematics (Governor General's Medallist), University of British Columbia, 1992

Seminars

  • Co-presenter, “Transitioning to the Professional Governance Act: Understanding Reserved ‎Practice and the New Practice of Professional Forestry”, Forest Professionals ‎BC Webinar, February 3, 2022‎
  • Speaker, “Stay In Your Lane: Understanding Reserved Practice and the New Practice of Professional Forestry”, Forest Professionals BC Webinar, December 8, 2021
  • Speaker, “Top Regulatory Cases and Trends”, Real Estate Regulators of Canada 2019 ‎Annual Conference, June 7, 2019‎
  • Speaker, "Labour Mobility of Regulated Professionals: Issues for Regulators", Self-Governing Professionals 2017, The Continuing Legal Education Society of BC, July 27, 2017
  • ‎Speaker, “A Primer on the Health Professions Act: What Every Registrant Needs to Know”, Continuing Competency Workshops of College of Psychologists of BC, ‎June 24, August 12 and November 24, 2015‎
  • Speaker, “Regulating the Regulators: Five Years under the Health Professions Review Board”, Continuing Competence Presentation at AGM of College of ‎Psychologists of BC, May 22, 2014‎
  • Speaker, ‎“Disclosure to Members and Complainants in Professional Conduct Investigations and in ‎Reviews before the Health Professions Review Board”, ‎Self Governing Professionals 2014, The Continuing Legal Education Society of BC, ‎April 4, 2014‎
  • Speaker, ‎“Regulating under the Health Professions Act: A Primer for Registrars”, ‎Executive Directors and Registrars of Professional Organizations of BC, May 21, 2013