Jennifer Nyland,

Jennifer advises clients on environmental, Indigenous, and real property law matters in natural resource, transportation and other industry sectors.

Jennifer represents clients involved in environmental assessment and major project permitting for a wide variety of projects and project expansions, providing advice as needed throughout the regulatory process and during development, operations and closure. These projects include mines, electrical generation and transmission projects, other linear infrastructure, LNG terminals, port facilities, and other industrial property development/re-development projects. Many of these projects are major economic drivers in the regions and territories in which they are located.

Jennifer has extensive experience advising on land/ mineral rights and water rights, including resolving disputes among rights holders. In addition, she advises project proponents in respect of Indigenous land matters and impact and benefit agreements.

Jennifer has advised clients in numerous project acquisitions and financings, including conducting and coordinating legal due diligence reviews of environmental, Indigenous and land matters, and assisting in drafting related agreements.

Jennifer represents clients in matters before regulatory boards, agencies and statutory decision-makers, primarily in western Canada and the Canadian North (including Yukon, Northwest Territories and Nunavut).

Jennifer’s work intersects with the firm’s real estate group for linear project development and also contaminated sites advice and remediation.

Prior to her career in law, Jennifer worked as an electrical engineer before co-founding a software company. She led the engineering department there for eight years, successfully managed the group through two acquisitions, and gained substantial experience in project management.

• Canadian Bar Association, Member
• CBABC Environmental Law Section Executive (2016/17)
• Environmental, Indigenous and Natural Resources Blog, Contributor

• Environmental Managers Association of BC (EMA of BC); Judge for 2019 EMA Awards; Director at Large  (2019-2020); Treasurer (September 2020 - present)
• Keats Camps Board of Management (2007-2013; 2014-2020); Chair (2008), Past Chair (2009), Vice Chair (2016), Secretary (2010-2013, 2017-2019)
• Okanagan Partnership’s Engineering Advisory Board to the University of British Columbia’s Dean of Applied Science and Intellectual Property Task Force; Member (2005)
• UBC University Industry Liaison Office’s (UILO) Task Group on Sponsored Research Agreements; Member (2005)
• Okanagan Science and Technology Council (OSTEC); Board Member (2003-2005)
• Okanagan High Tech Council (OHTC); Board Member (2000-2002)

Representative experience includes the following:

Project Development – Environmental Assessment, Permitting, Indigenous and Land Matters

• Represented two gold mines in Nunavut Impact Review Board proceedings to obtain environmental/impact assessment approval.
• Continued representation of several developing or operating mines in Nunavut, providing advice on land matters, land use planning requirements, environmental/impact assessment and permitting for project modifications.
• Assisted a large gold mine in British Columbia to obtain federal and provincial environmental assessment approvals.
• Advised a developing LNG project in British Columbia and prepared environmental assessment submissions for project modifications.
• Prepared submissions for a major marine transportation agency in environmental assessment proceedings.
• Prepared submissions for operating coal mines in British Columbia regarding environmental assessment of project modifications.
• Continued representation of a diamond mine in the Northwest Territories on land and environmental matters.
• Advised various owners/proponents of electrical generation and transmission facilities in western Canada on environmental assessment and permitting strategy, and related matters.
• Advised a proposed LNG project in Nova Scotia on environmental assessment matters.
• Advised a proposed industrial minerals mine in British Columbia on land matters, environmental assessment and permitting.
• Advised a developing mine in the Northwest Territories on land matters and environmental/impact assessment and permitting for project modifications.
• Advised a mine in Yukon on environmental assessment and regulatory requirements for project modifications.
• Continued representation of various mines and other industrial facilities through development, operating and closure phases, providing environmental and land-related advice and preparing submissions to regulators.
• Advised various project proponents on impact benefit agreements, land tenures and other agreements with Indigenous landowner groups.

Transactions:

• Advised Hudbay Minerals Inc. in connection with its acquisition of Copper Mountain Mining Corporation, operator of the Copper Mountain Mine in British Columbia.
• Advised Newmont Corporation in the acquisition of Newcrest Mining Ltd., in connection with Canadian assets.
• Assisted in the acquisition of Sabina Gold & Silver Corp. by B2Gold Corp.
• Advised Newmont Corporation in the acquisition of GT Gold Corp.
• Assisted Barrick Gold in the sale of the Eskay Creek mine in British Columbia to Skeena Resources.
• Assisted New Gold Inc. in the sale of the Blackwater Gold Project in British Columbia to Artemis Gold Inc.
• Advised Newmont Mining Corp on its acquisition of a 50% interest in the Galore Creek Partnership from NOVAGOLD Resources Inc., to form a partnership with Teck Resources Limited, who owns the remaining stake.
• Advised Bathurst Resources Limited in connection with its investment in the Crown Mountain Coking Coal project in British Columbia.
• Provided land and environmental diligence advice on numerous property acquisitions, typically involving mineral properties, clean energy projects, other natural resource projects, transportation/linear infrastructure, or other industrial facilities.
• Provided mineral/land title opinions and other advice to assist in obtaining project financing for numerous exploration projects, mines, renewable energy projects and other natural resource projects throughout western and northern Canada.

Dispute Resolution:

• Represented clients in negotiations and dispute resolution relating to real property matters, including subsurface tenures and competing interests in land.
• Represented the mineral owner before the Surface Rights Board of British Columbia, in Schaeppi, et al. v. Bralorne Gold Mines Ltd, et al, Order 2191-1.