Chris Nyberg
Associate | Toronto
Toronto: 416-863-4252

Chris regularly advises on regulatory, commercial and financing issues affecting the Canadian cannabis and hemp industries in relation to the Access to Cannabis for Medical Purposes Regulations (ACMPR), the Narcotic Control Regulations (NCR), the Cannabis Act, the Cannabis Regulations, the Industrial Hemp Regulations (IHR) and the various provincial recreational cannabis regimes. He was seconded to the legal department of one of Canada's leading licensed producers (LPs) under the ACMPR where he advised on a wide variety of matters related to the space.

Chris also practises in the area of restructuring and insolvency and has experience in a variety of areas, including oil and gas regulation, life sciences and intellectual property. He has acted for creditors, debtors and restructuring professionals before all levels of court in Alberta and the Supreme Court of Canada.

SELECT EXPERIENCE

Recent representative matters include acting as counsel to:

Cannabis

  • Various Canadian licensed producers of medical cannabis and hemp on a broad number of matters, including commercial transactions (including provincial supply deals, licensing agreements and import/export arrangements), securities compliance (including disclosure), regulatory matters (including security requirements, use of online portals for medical documents and patient registration issues), marketing (including the sale of ancillary and accessory products as well as cannabis) and advertising (including use of social and traditional media)

  • Various regulatory consultants regarding compliance with statutory requirements, participant introductions and industry transitions

  • Various clients in the health-care industry on initiatives and programs with patients or physicians, health-care compliance (including interactions with physicians and clinics) and clinical trials, as well as consumer complaint, recall and product liability matters

  • Various ancillary and accessory businesses on the development, marketing, sale and transportation of medical and recreational products, including regulatory compliance issues

  • A major Canadian financial institution on enforcement options relating to LP borrowers

  • A major Canadian bank on the financing of a licensed producer of medical marijuana, including the regulatory landscape, industry risks and financing considerations specific to the cannabis industry

Restructuring & Insolvency

  • The debtors in the plenary Companies' Creditors Arrangement Act (CCAA) proceedings of Carillion Canada Inc., Carillion Construction Inc., Canada Holdings Inc., Carillion Canada Finance Corp. and Carillion Pacific Construction Inc. (construction and services)

  • The debtors in the CCAA proceedings of Lightstream Resources Ltd., 1863359 Alberta Ltd., LTS Resources Partnership, 1863360 Alberta Ltd. and Bakken Resources Partnership (oil and gas)

  • The senior secured lender in the receivership and bankruptcy proceedings of Redwater Energy Corp.

  • The administrative agent to the lending syndicate in the receivership proceedings of Spyglass Resources Corp. et al.

  • The court-appointed receivers of Phenomenome Discoveries Inc. et al., Hyperion Exploration Corp., Ivanhoe Energy Inc., Palliser Oil & Gas Corp., Waldron Energy Corporation and The Loder Group of Companies Ltd., et al.

  • The lending syndicate in the CCAA proceedings of the Sanjel Group and Endurance Energy Ltd.

  • H&R REIT and H&R Finance Trust in connection with its friendly C$2.75-billion acquisition of Primaris REIT by way of a court approved plan of arrangement

  • Cona Resources Ltd. on its C$85-million acquisition by majority shareholder, Waterous Energy Fund, by way of a court approved plan of arrangement

  • Companies seeking to reorganize under provincial Business Corporations Acts and the Canada Business Corporations Act

AWARDS & RECOGNITION

Chris was awarded the 11th Annual Lloyd Houlden Fellowship from the Canadian Association of Insolvency and Restructuring Professionals (CAIRP) for his working paper on economic abandonment rights in Canadian insolvency proceedings.

PUBLICATIONS
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Blakes Bulletin on Restructuring & Insolvency, March 12, 2018.
Blakes Bulletin on Cannabis, October 5, 2017.
Blakes Bulletin on Cannabis, September 29, 2017.
Co-author: Restructuring Challenges in the Oil and Gas Sector: The Treatment of Regulatory Orders Post-Redwater
Alberta Law Review, Energy Law Edition, Vol. 54, No. 2, pp. 383-415, Alberta Law Review Society, 2016.
Co-author: AER Seeks to Hold Directors, Officers Personally Liable for Obligations of Insolvent Corporate Licensees
Commercial Insolvency Reporter, Vol. 28, No. 5, pp. 45-47, June 2016.
Blakes Bulletin on Financial Services and Restructuring & Insolvency, May 20, 2016.
Blakes Bulletin on Energy, Oil & Gas, and Restructuring & Insolvency, May 9, 2016.
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PROFESSIONAL APPEARANCES
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Speaker: Into the Weeds: An Introduction to Cannabis Regulatory Issues
CBA - Environmental Law Section, Calgary, Alberta, September 17, 2018.
Panellist: ACG BC June 2018 Lunch
Association of Corporate Growth, Vancouver, British Columbia, June 19, 2018.
Panellist: Cannabis in Canada
Blakes Business Class Seminar, Vancouver, British Columbia, March 7, 2018.
Speaker: The Emerging Cannabis Industry
LifeSciences BC Seminar, Vancouver, British Columbia, December 7, 2017.
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