HomeMy WebLinkAboutSUS 05-24Report to
Executive Committee
Report Number: SUS 05-24 Date: May 6, 2024
From: Kyle Bentley
Director, City Development & CBO
Subject: Enbridge Data Usage Licence
- File: D-7000-007
Recommendation:
1. That the Mayor and City Clerk be authorized to execute a Data Usage Licence with Enbridge Gas Inc. as set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, Corporate Services & City Solicitor, and/or Chief Administrative Officer; and
2. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: The purpose of this report is to seek authorization from Council to
execute a Data Usage Licence with Enbridge Gas Inc. (Enbridge). Through this Licence, Enbridge will provide the City with aggregated natural gas consumption data based on account classes and postal codes. The account classes are split into residential, industrial, and commercial. It is important to note that all information is aggregated to a level that cannot be
individually identified. The Data Usage Licence was reviewed by City staff from Legal Services
and Information Technology.
Entering into the Data Usage Licence is a component of Enbridge’s Municipal Climate Action Incentive Offer. In late 2023, the City of Pickering applied for and received $10,000.00 through the Municipal Climate Action Incentive Offer, in recognition of the City’s ongoing efforts related
to energy and greenhouse gas emission reduction, and climate change action. These funds
will be used to support the delivery of the Sustainable Community-Building Workshop in 2024.
As part of Enbridge’s incentive process, municipalities must request this data for the purpose of climate action initiatives within two years of the application date. Aside from meeting a requirement of the Municipal Climate Action Incentive Offer, the natural gas consumption data
will inform City staff’s promotion of existing energy conservation programs and development of
future opportunities.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond
to the Pickering Strategic Plan’s Priorities of Strengthen Existing & Build New Partnerships;
and Lead & Advocate for Environmental Stewardship, Innovation & Resiliency.
Financial Implications: Not applicable to this report.
SUS 05-24 May 6, 2024
Subject: Enbridge Data Usage Licence Page 2
Discussion: The purpose of this report is to seek Council’s approval to execute a Data Usage Licence with Enbridge Gas Inc. (Enbridge). In late 2023, the City of Pickering applied
for, and was successful, in receiving $10,000.00 from Enbridge’s Municipal Climate Action
Incentive Offer. These funds will be used to help offset the cost of sustainability initiatives being undertaken in 2024, specifically the Sustainable Community-Building Workshop Series.
It is a requirement of the Municipal Climate Action Incentive Offer that applicants request natural gas consumption data within two years of an application, to help inform climate change
and energy/greenhouse gas emission reduction efforts. The data set provided to municipalities
is aggregated to protect the privacy of residential, industrial, and commercial customers. The Data Use Licence was reviewed by staff from Legal Services and Information Technology.
The City of Pickering will continue to seek opportunities and partnerships to improve energy efficiency within the community and address climate change. For example, through the
development review process, City staff promote energy efficiency grants and programs such
as Enbridge’s Net Zero Energy Ready Discovery Homes. In addition, the energy-focused webpage on the City’s website is currently being redesigned to better promote incentives such as the Region of Durham Greener Homes program.
Moving forward, Enbridge’s data will inform a strategic approach in promoting existing and
future energy conservation programs and grants to the community. Through recommendations
set out in this report, staff are seeking Council approval to execute the Data Usage Licence with Enbridge Gas Inc.
Attachment:
1. Data Usage Licence
SUS 05-24 May 6, 2024
Subject: Enbridge Data Usage Licence Page 3
Prepared By:
Original Signed By
Atish Pereira, MEnvSc
Coordinator, Community Energy Management
Original Signed By
Chantal Whitaker, BESc (Hons), CSR-P Manager, Sustainability & Strategic Environmental Initiatives
Approved/Endorsed By:
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
AP:ld
Recommended for the consideration of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment 1 to Report SUS 05-24
DATA USAGE LICENCE
Enbridge Gas Inc. (“Company”) is the owner of certain aggregated, non-personally identifying,
data concerning its customers’ natural gas usage and related customer data and data pertaining to the Company’s business (“Data”). Company is prepared to provide [___________] (“Counterparty”) with the Data on the following terms and conditions:
1.Acceptance. By signing this Data Usage Licence (the “Licence”), Counterparty agrees to bebound by the terms and conditions set out below.
2.Company’s Proprietary Rights. Counterparty acknowledges and agrees that as between itand Company, Company is the owner of all rights, title and interests including intellectualproperty rights in the Data and any modifications, additions or amendments thereto,regardless of who undertakes same. Counterparty shall not acquire any right, title or interest
in or to any Data. Company reserves all rights not expressly licensed in this Licence.
3.License to and Limitations on Use of Licensed Data. Subject to Counterparty’s compliancewith the terms of this Licence, Company grants Counterparty a revocable, royalty-free, non-transferable, non-exclusive licence to use the Data for the sole and exclusive purpose set outin Schedule 1 (“Purpose”). Except as expressly set out in this Licence, the Counterparty may
not:(a)sell, license, transfer or otherwise commercially exploit the Data;(b)save as provided in Section 4 below, disclose the Data to any third party;
(c)market, distribute, export, translate, transmit, merge, modify, transfer, adapt, loan, rent,lease, share or sublicense the Data, in any way, in whole or in part;(d)re-identify or attempt to re-identify any of the Data to the customer level; or(e)except as set out in Schedule 1 or as expressly authorized by the Company in writing, linkor attempt to link the Data to any other data.
The Counterparty will not use the Data to contact or attempt to contact any person to whom the Data relates (including, without limitation, any customer of the Company).
4.Confidentiality. The Counterparty shall keep the Data strictly confidential, preserving theconfidentiality of such Data with the same degree of care it uses to preserve the confidentialityof its own proprietary or confidential information, but in no event less than a reasonable degreeof care, and shall not disclose, communicate, provide, divulge or make available in any otherway the Data except as expressly provided for in this Licence. Counterparty shall immediately
notify Company of any breach of this provision. [ FOR MUNICIPAL COUNTER PARTIES ADDTHE FOLLOWING: The Company understands and agrees that this Licence and any Dataprovided to the Counterparty through this Licence may be subject to disclosure by the
Counterparty pursuant to the Municipal Freedom of Information and Protection of Privacy Act,R.S.O. c. M.56, as amended, or other applicable law.]
5.Sublicense and Use of Data by Representatives. Counterparty may sublicense and permitcontractors, agents and other third parties (“Representatives”), and Counterparty’semployees and personnel, to use the Data only on behalf of Counterparty and only for thePurpose. Counterparty must provide to the Representatives a copy of this Licence and obtainfrom such Representatives a binding acknowledgement of the terms of this Licence and suchRepresentatives’ agreement to be bound by its terms.
6. Return or Destruction of Confidential Information. Upon the request of Company, Counterparty shall promptly (a) return or destroy all Data then in the possession of
Counterparty, and (b) provide a certificate from an officer of Counterparty certifying compliance with the obligations set out in this Section. The foregoing obligation to destroy Data shall not apply to: (i) electronic back-up copies made for archival purposes in the normal
course; or (ii) copies of Data required by law to be retained; provided that, notwithstanding anything to the contrary in this Licence, any such retained Data shall, at all times, remain subject to the terms of this Licence. 7. No Warranties. Company shall aggregate customer data in accordance with Company’s practices. The Data is provided with all faults on an “as is” and “as available” basis. Company disclaims all warranties whether express or implied, including the warranties that the Data is free from defects; that it will meet Counterparty’s requirements; or that errors will be corrected. Company further disclaims all implied warranties that the Data is of merchantable quality, accurate, fit for a particular purpose, or non-infringing. Counterparty’s use and any sublicensed or permitted use of the Data is solely at its own risk.
8. Limitation of Liability. Under no circumstances shall Company, its parent company, affiliates, officers, directors, employees or the officers, directors or employees of its parent
company or affiliates or any of its agents (collectively the “Company Group”) be liable for any indirect, special, incidental or consequential or exemplary damages that result from the use of, misuse of or reliance upon the Data. The liability of Company to Counterparty under any
theory of law or equity, arising out of or in any way related to this Licence shall be strictly limited in the aggregate to the lesser of the actual damages suffered by the Counterparty and $100.00. 9. Indemnity. Counterparty agrees to defend, indemnify and save harmless the Company Group from and against all losses, damages, costs, expenses, claims, demands, actions, proceedings and suits of every kind or nature whatsoever which may be brought against or suffered by the Company Group as a result of Counterparty’s breach of this Licence or as a result of Counterparty’s negligence or willful misconduct in connection with this Licence. 10. Term and Termination. This Licence and Counterparty’s rights to the Data may be
terminated by Company at any time upon notice. Upon termination of Counterparty’s rights, Counterparty agrees to immediately refrain from further use of the Data and comply with Section 6 of this Licence.
11. Use of Electronic Communication. Counterparty agrees that any and all notices, disclosures and communications regarding this Licence may be made electronically, in
accordance with applicable law. Any electronic notice, disclosure or communication Company makes will be considered made when transmitted by Company. 12. Assignment. Counterparty agrees that this Licence may not be assigned by Counterparty without the prior written consent of Company. 13. Governing law. Counterparty agrees that this Licence shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and shall be treated, in all respects as an Ontario contract. Counterparty agrees to submit to the exclusive jurisdiction of the courts of the Province of Ontario to resolve any disputes in respect of this Licence.
14. Severability and Entire Agreement. This Licence shall constitute the entire agreement between Counterparty and Company with respect to the Data and supersedes all prior written
or oral agreements, representations and other communications between the Counterparty and Company. If any part of this Licence is held to be unenforceable or invalid, it will be severed and the rest of this Licence shall continue in full force and effect.
ACCEPTED AND AGREED, this ________ day of ____________________, 20XX. Counterparty Name____________________ (if there is second signatory at the Counterparty) Signature: Signature: Name: Name: Title: Title:
I/we have the authority to bind Counterparty and Counterparty has all powers and authority necessary to enter into this License.
SCHEDULE 1 – LICENCE INFORMATION Purpose The Counterparty will use the Data for the sole and exclusive Purpose set out below, and for no other purpose:
• Preparing or complying with the Counterparty’s Community Energy Plan, or similar form of energy plan
• Sharing of the Data with agencies that support the Counterparty in understanding greenhouse gas (GHG) inventory and emissions
• Publishing of the data aggregated at Municipality level