Jessica Kennedy

Jessica Kennedy

Partner, Regulatory, Environmental, Indigenous and Land

Contact Information

jkennedy@osler.com

tel: 403.260.7062

Office

Calgary

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Areas of Expertise

Bar Admission

Alberta, 2013

Education

  • University of Alberta, J.D.
  • University of Alberta, M.B.A. (Natural Resources, Energy & Environment Specialization)
  • University of Alberta, B.Sc. (Hons.) in Environmental Biology

Language(s)

English

Jessica is a partner in Osler's Calgary office with a practice focused on regulatory law as it pertains to resource development, transmission and electricity market regulation. Jessica has experience in dealing with environmental, regulatory and Indigenous matters before the Alberta Energy Regulator, Alberta Utilities Commission, National Energy Board, Mackenzie Valley Land and Water Board, and appeals of administrative decisions before the Alberta and Federal Courts of Appeal. Jessica regularly advises clients on regulatory implications for their businesses and assists clients with negotiating agreements with Indigenous groups and obtaining regulatory approvals for large scale projects.

    • Kinder Morgan Canada Limited/Trans Mountain Canada Inc. in its successful applications for the Trans Mountain Pipeline Expansion and related litigation. Osler advises Trans Mountain on a wide variety of complex  legal, regulatory and Indigenous matters associated with regulatory approvals, permitting, regulatory hearings and condition compliance for the expansion of the Trans Mountain Pipeline, which will transport 890,000 bbl/d of petroleum products from Edmonton, Alberta to the west coast of Canada. The project will cross more than 100 First Nation and Métis asserted traditional territories, as well as national and provincial parks. The project completed an extensive public hearing before the National Energy Board with more than 400 registered intervenors and received a Certificate of Public Convenience and Necessity from the Board in 2016, which imposed 157   conditions on the Project. The project was subject to a further reconsideration by the Board, which culminated in a favourable report and Order in Council in 2019.
    • TransAlta Corporation (“TransAlta”) in proceedings before the Alberta Energy Regulator and the Alberta Court of Appeal with respect to TransAlta’s opposition to proposed hydraulic fracturing operations and the associated risk posed by induced seismicity in proximity to TransAlta’s Brazeau Dam.
    • Government of Saskatchewan in connection with proceedings before the Canada Energy Regulator as it pertains to tolls and tariffs applicable to the Enbridge Canadian Mainline pipeline system.
    • Regulatory counsel for FortisAlberta Inc., the electric distribution utility responsible for more than 60 per cent of Alberta’s total electricity distribution network, in numerous proceedings before the Alberta Utilities Commission.
    • Aura Power Renewables Ltd. on regulatory matters associated with the Fox Coulee Solar Project, a 75 MW solar facility, including representation at an oral hearing before the Alberta Utilities Commission (AUC). The AUC hearing for the Fox Coulee Project was the first for a commercial scale solar development.
    • innogy SE on all regulatory and grid connection matters associated with its decision to construct two solar projects in Southern Alberta with a total capacity of 57 MW.
    • Canadian Solar Industries Association (CanSIA) in its response to the Alberta Electric System Operator's (AESO's) changed approach to accommodating distributed generation - including many solar projects - on the Alberta grid. Osler's representation of CanSIA included the Alberta Utilities Commission hearing to consider the AESO's 2018 Tariff and its impact on solar and other community and distributed generation projects.
    • TransAlta Corporation in relation to the proposed market rules for the implementation of an electricity capacity market, including representation in the corresponding Alberta Utilities Commission hearing process.
    • Aura Power Renewables Ltd. in relation to its Fincastle Solar Project and the impacts of a proposed addition to the local distribution and transmission system. Osler represented Aura in a written AUC hearing process to consider the proposed transmission facility and the AESO's assessment of need. 
    • Equinor Canada Limited in the environmental assessment, regulatory and Indigenous relations matters related to the proposed Bay du Nord Project, an offshore oil development project located approximately 450 kilometres east of St. John's, Newfoundland.
    • Prosper Petroleum Ltd. in all regulatory, environmental and Aboriginal matters related to its approved Rigel Oil Sands Project, including a public hearing before the Alberta Energy Regulator in 2018 as well as associated litigation including an order compelling the Province of Alberta to make a decision on the Project.
    • Regional Power with regard to providing legal and regulatory advice for applications to the Alberta Utilities Commission and related interconnection matters before the Alberta Electric System Operator to construct and operate the 90 MW Irma Wind Power Project located near Irma, Alberta.
    • Teck Resources Limited with regard to its $14.5 billion Frontier Oil Sands project north of Fort McMurray, Alberta, which is subject to a joint Federal-Provincial environmental assessment process by a joint review panel.
    • TransAlta Corporation with respect to its defence in the first contested enforcement proceeding brought by the Market Surveillance Administrator (MSA), including representation throughout the MSA’s investigation, advising TransAlta on its document disclosure obligations (including related privilege matters), and representation at an oral hearing before the Alberta Utilities Commission. The case involved allegations of market manipulation and trading in Alberta’s electricity market using non-public outage records.
    • De Beers Canada Inc. with regard to a water licence amendment application to the Mackenzie Valley Land and Water Board in relation to Snap Lake diamond mine in the Northwest Territories, which included a public hearing and written argument.
    • Coalspur Mines (Operations) Ltd. in its application for regulatory approval for the Vista Coal Project, including a public hearing before the Alberta Energy Regulator.
    • Teck Resources Limited in its applications before the Alberta Energy Regulator for a winter drilling program, which included a public hearing in Fort McMurray in 2012.
    • PetroChina Canada (formerly Brion Energy Corporation) with regard to obtaining all necessary regulatory approvals for its Dover Commercial Project, a proposed 250,000 bbl/d steam-assisted gravity drainage oil sands project north of Fort McMurray Alberta. This project included a public hearing before the Alberta Energy Regulator.

  • Calgary Bar Association
  • Canadian Bar Association
  • Law Society of Alberta

  • February, 18, 2020, Osler scores important win for oil sands project proponents seeking timely decisions from government, Osler Update, Sander Duncanson, Sean Sutherland
  • December 2, 2019, “#How to PPA:An Examination of the Regulatory and Commercial challenges and Opportunities Arising in the Context of Private Power Purchase Agreements for Renewable Energy”, Alberta Law Review, Vol 57. No. 2 Energy Law Edition (co-author)
  • April 5, 2018, Live segment regarding National Post Quote re Bill C- 69, Saskatchewan on 650 CKOM Saskatoon and 980 CJME Regina
  • Apr 4, 2018, Live segment regarding National Post Quote re Bill C-69, Global News Radio 770 CHQR