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BG hydro u»

FOR GENERATIONS

Scott Macdonald Manager, Freedom of Information and Privacy 16th Floor Phone: (604)623-3880 Fax: (604) 623-4556

Request Number: 201.20.2014-054 (Contracts with Cam Davis [SDR Survey] and SmartPoint Research for BCH Focus Groups re: Smart Meters)

13 May 2014

Mr. Bob Mackin

18 -1073 Lynn Valley Road

North Vancouver, BC V7J 1Z6

Dear Mr. Mackin:

Re: Freedom of Information and Protection of Privacy Act ('the Act') — Request for records

I am writing in response to the above-noted request.

The requested records are attached. Please note that outsourced work under a certain value may be contracted using a Local Purchase Order and stamp. The work associated with two of the focus groups of interest to you falls into that category. The relevant invoices bearing Local Purchase stamps are attached along with the contract for the other focus group and the table showing the requested payment details.

If you have any questions about BC Hydro's handling of your request, please call me. You may also the Office of the Information and Privacy Commissioner for BC ('the OIPC) to review BC Hydro's response by writing to the OIPC at the following address within 30 business days.

Office of the Information and Privacy Commissioner for BC 4th Floor, 947 Fort Street Victoria, B.C. V8V 3K3

British Columbia Hydro and Power Authority, 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 www.bchydro.com

If you ask the OIPC to review BC Hydro's response, please provide the OIPC with

a copy of this letter and a copy of your request.

Yours truly,

Scott Macdonald

Attachments

British Columbia Hydro and Power Authority, 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 www.bchydro.com

\

SDR Survey Ltd. (Social Data Research)

603 Willow Street, Parksville, BC, V9P 1A5 (formerly 1811 W16th Ave. Vancouver, BC) Tel: (604) 617-4188; Email: cdavis@sdrsurvey.com

May 2, 2012

Invoice #1989 Business Number 83718 7061 RT0001

BC Hydro Accounts Payable 6911 South point Drive Burnaby, BC, V3N 4X8

Re: SMI Message Testing Gen Pop & Soccer Moms Focus Groups (Vancouver April 26th)

Professional Services:

a) Recruitment costs, management and handling fee, facility rental, participant catering,

backroom snacks, beverages

b) Participant incentives

c) Moderation

d) Power Point Report

e) Finalizatidn of Moderator's Guide and Screener

f) Client communication

g) Photocopying, DVDs

Fees:

$9,900.00

HST:

$1,188.00

TOTAL:

$11,088.00

Please make payable to: SDR Survey Ltd.

THANK YOU

Yours Sincerely,

Cam Davis Managing Director

t^CAL PURCHASE STAMP

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Name

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SDR Survey Ltd. (Social Data Research)

603 Willow Street, Parksville, BC, V9P 1A5 (formerly 1811 W16th Ave. Vancouver, BC) Tel: (604) 617-4188; Email: cdavis@sdrsurvey.com

May 2, 2012

Invoice #1990 Business Number 83718 7061 RT0001

BC Hydro Accounts Payable 6911 South point Drive Burnaby, BC, V3N 4X8

Re: SMI Message Testing Seniors Focus Group (Nanaimo April 27th)

Professional Services:

a) Recruitment costs, management and handling fee, Hotel facility rental, participant

catering

b) Participant incentives

c) Moderation (including travel time)

d) Power Point Report

e) Finalization of Moderator's Guide and Screener

f) Client communication

g) Photocopying

Fees:

HST:

TOTAL:

$5,400.00

$648.00

$6,048.00

Please make payable to: SDR Survey Ltd.

THANK YOU

Yours Sincerely,

b £■■>—« -»

Cam Davis Managing Director

iGCAL PURCHA86 STAMP

Contact (pUSSpHm):

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Approver Name (ptoastiWta*):

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Dates

May 2012 - Vancouver Nanaimo

July 2013

Payment Details

Dollar Value

$9,900 ($11,088 inc tax) $5,400 ($6,048 inc tax) $39,500 ($41,475 inc tax)

Transaction #

1900117481

1900117489

2000329754

Contract # 77474

Date Paid

May 31, 2012

May 31, 2012

July 18, 2013

Contract

Social Data Research Survey Ltd. Focus Groups with SM Resisters

Reference: CR# 496723

Date: June 10, 2013

BG hydro

FOR GENERATIONS

AGREEMENT

CR No. 496723

THIS AGREEMENT is made as of the 10 day of June 2013

BETWEEN:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, a British Columbia Crown Corporation having its head office at 333 Dunsmuir Street, Vancouver, B.C. V6B 5R3

(referred to as "BC Hydro")

AND: SOCIAL DATA RESEARCH SURVEY LTD. with offices at 210-1811 West 16th, Vancouver, B.C. V6J 2M3

(referred to as "Consultant")

WHEREAS:

BC Hydro requires certain services for or in connection with Social Data Research and has selected Consultant to perform the Services.

NOW THEREFORE THIS AGREEMENT WITNESSES THAT BC Hydro and Consultant mutually agree as follows:

1.

The

Agreement

This Agreement, the Appendices listed below, any Change Orders and Change

Directives, all as amended are herein collectively referred to as, the "Agreement". The Agreement includes the following Appendices:

A. Definitions and Interpretation

B. Scope of Services

C. Compensation

D. Insurance

E. Change Order Form

F. Change Directive Form

G. Social and Environmental Responsibility

H. Special Conditions

I. Confidentiality Agreement

J.

Privacy Protection Schedule

Definitions and rules of interpretation in Appendix A apply to the Agreement. The Agreement is the entire agreement between the parties concerning the subject matter hereof, and all prior communications related to the subject matter hereof, whether written, oral or in any other format, are of no legal effect.

2 .

S e r v i c e s Consultant shall perform the. Services and observe and perform all of its other obligations hereunder subject to, and in accordance with the terms and conditions of the

Social Dala Research Survey Ltd. CR# 496723

APPENDIX J PRIVACY PROTECTION SCHEDULE

This Schedule forms part of the agreement between British Columbia Hydro and Power Authority ("BC Hydro") and Social Data Research Survey Ltd (the "Contractor') dated June 10, 2013 (the "Agreement"). This Schedule shall apply to the extent that the Contractor has access, whether direct, Indirect or Incidental, or opportunity to access, any "personal Information' as that term Is defined below, and the confidentiality provisions In the Agreement, if any, shall not apply In respect of any such personal Information.

Definitions

1. In this Schedule,

(a)

"Act" means the Freedom of Information and Protection of Privacy Act (British Columbia), as amended from time to time;

(b)

"contact Information* means Information to enable an Individual at a place of business to be contacted and Includes the name,

position name or title, business telephone number, business address, business email or business fax number of the Individual;

(c)

"personal Information" means recorded Information about an identifiable Individual, other than contact Information, collected, created or otherwise acquired by Contractor as a result of the Agreement or any previous agreement between BC Hydro and Contractor dealing with the same subject matter as the Agreement.

Purpose

2.

enable BC Hydro to comply with its statutory obligations under (he Act with respect to personal Information; and

ensure (hat, as a service provider, Contractor Is aware of and

complies with Its statutory obligations under the Act with respect to personal Information. Collection of personal Information

3. Unless the Agreement otherwise specifies or BC Hydro otherwise directs In writing, Contractor may only collect or create personal Information that Is necessary for the performance of Contractor's obligations, or the exercise of Contractor's rights, under the Agreement.

4. Unless the Agreement otherwise specifies or BC Hydro, the Individual

whose personal Information Is at Issue, or that individual's lawful

representative otherwise directs in writing, Contractor must collect personal Information directly from the individual (he Information is about.

5. Unless the Agreement otherwise specifies or BC Hydro otherwise directs In writing, Contractor must tell an Individual from whom Contractor collects personal information:

The purpose of this Schedule Is to:

(a)

(b)

(a)

the purpose for collecting It;

(b)

the legal authority for collecting it; and

(c)

the title, business address and business telephone number of the person designated by BC Hydro to answer questions about Contractor's collection of personal Information.

Accuracy of personal Information

6. Contractor must make every reasonable effort to ensure the accuracy

and completeness of any personal Information to be used by Contractor or BC Hydro to make a decision that directly affects the Individual the Information is about. Requests for access to personal Information

7. If Contractor receives a request for access to personal Information from a

person other than BC Hydro, the individual whose personal information has been requested, or that Individual's lawful representative, Contractor must promptly advise the person to make the request to BC Hydro unless the Agreement expressly requires Contractor to provide such access and, if BC Hydro has advised Contractor of the name or title and contact information of an official of BC Hydro to whom such requests are to be made, Contractor must also promptly provide that official's name or title and contact Information to the person making the request. Correction of personal Information B. Wilhln 5 business days of receiving a written direction from BC Hydro to

correct or annotate any personal Information, Contractor must annotate or correct (he Information in accordance with the direction.

9. When Issuing a written direction under section 8, BC Hydro must advise Contractor of the date the correction request to which the direction relates was received by BC Hydro In order that Contractor may comply with section 10.

10. Within S business days of correcting or annotating any personal

Information under section 8, Contractor must provide the corrected or annotated Information to any party to whom, within one year prior to the date the correction request was made to BC Hydro Contractor disclosed the information being corrected or annotated.

11. If Contractor receives a request for correction of personal Information from a person other than BC Hydro, the Individual whose personal Information has been requested, or that Individual's lawful representative, Contractor must promptly advise the person to make (he request to BC Hydro and, If BC Hydro has advised Contractor of the name or title and contact Information of an official of BC Hydro to whom such requests are to be made, Contractor must also promptly provide that official's name or title and contact Information to the person making the request.

Protection of personal Information

12. Contractor must protect personal information by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal, Including any expressly set out In the Agreement.

Social Data Research Survey Ltd. CR# 498723

Storage and access to personal Information

. Unless BC Hydro otherwise directs In writing, Contractor must not store

personal Information outside Canada or permit access to personal Information from outside Canada. Retention of personal Information

14. Unless the Agreement otherwise specifies, Contractor must retain

personal Information until directed by BC Hydro in writing to dispose of it or deliver It as specified In the direction. Use of personal information

15. Unless BC Hydro otherwise directs In writing, Contractor may only use personal Information If that use is:

(a) for the performance of Contractor's obligations, or the exercise of Contractor's rights, under the Agreement; and

13.

(b)

Disclosure of personal Information

16. Unless the Agreement otherwise specifies or BC Hydro, the Individual whose personal Information is at issue, or that Individual's lawful representative otherwise directs In writing, Contractor must hot disclose personal Information inside or outside Canada to any person other than BC Hydro, the Individual whose personal Information Is at Issue, or that Individual's lawful representative, or an entity that can legitimately compel disclosure under (he laws of British Columbia BC Hydro will not unreasonably withhold such direction.

In accordance with section 13.

17.

Not

Used

Inspection of personal Information

18. In addition to any other rights of inspection BC Hydro may have under the Agreement or under statute, BC Hydro may, at any reasonable time and on reasonable notice to Contractor, enter on Contractor's premises to Inspect any personal Information In the possession of Contractor or

any of Contractor's Information management policies or practices relevant to Its management of personal Information or Its compliance with this Schedule and Contractor must permit, and provide reasonable assistance to, any such Inspection. Compliance with the Act and directions

19.

(a) the requirements or the Act applicable to Contractor as a service provider, including any applicable order of the commissioner under the Act; and

Contractor must In relation to personal information comply with:

(b)

any direction given by BC Hydro under this Schedule.

20. Contractor acknowledges that it Is familiar with (ha requirements of the Act governing personal Information that are applicable to it as a service

provider. Notice of non-compliance

21. If for any reason Contractor does not comply, or anticipates that It will be unable to comply, with a provision In this Schedule In any respect, Contractor must Immediately notify BC Hydro of the particulars of the

non-compliance or anticipated non-compliance and what steps 11 proposes to take to address, or prevent recurrence of, the non compliance or anticipated non-compliance. Termination of Agreement

22. In addition to any other rights or termination which BC Hydro may have under the Agreement or otherwise at law, BC Hydro may, subject to any

provisions in the Agreement establishing mandatory cure periods for defaults by Contractor, terminate the Agreement by giving written notice

of such termination to Contractor, upon any failure of Contractor to comply with this Schedule In a material respect. Interpretation

23.

24. Any reference to (he "Contractor" in this Schedule includes any subcontractor or agent retained by Contractor to perform obligations under the Agreement and Contractor must ensure that any such subcontractors and agents comply with this Schedule.

25. The obligations of Contractor in this Schedule will survive the termination of the Agreement.

26. If a provision of the Agreement (Including any direction given by BC Hydro under this Schedule) conflicts with a requirement of the Act or an applicable order of the commissioner under the Act, the conflicting provision of (he Agreement (or direction) will be Inoperative to the extent of the conflict.

27. Contractor must comply with the provisions of this Schedule despite any conflicting provision of the Agreement or the law of any jurisdiction outside Canada.

In this Schedule, references to sections by number are to sections of this Schedule unless otherwise specified In this Schedule.

c) if any appointed agent Is required, notify the other of the name and address of its appointed agent.

XV. Counterparts. This Agreement may be executed In multiple counterparts, each of which will constitute an original, but all of which will constitute one Agreement.

XVI. General. If any provision of this Agreement is declared or held to be invalid or unenforceable, that provision will be severed, and all other provisions will continue to be valid and enforceable. This Agreement is not assignable by a party without the prior written consent of the other parties, which will not be unreasonably withheld. This Agreement enures to the benefit of, and is binding upon, the parties and their respective successors and permitted assigns. This agreement may not be modified except by a writing signed by both parties. Words in one gender include all gender, and words in the singular include the plural and vice versa.

XVII. Indemnity. The Recipient shall indemnify and save harmless BC Hydro, it agents and employees from all claims, loss and damages arising out of the failure of the Recipient and any of its Representatives to comply with the provisions of this Agreement and all costs associated with or arising from those claims, loss and damage.

In witness whereof BC Hydro, by its duly authorized representative, and the individual Recipient have each executed this Agreement as of the day and year first above written.

BC HYDRO

By:

Title:

Date:

RECIPIENT

C h r i s t i n e

D a v i s

_

By-

-

Title:

.

.

.

Date:

P r e s i d e n t

June 10, 2013

Social Data Research Survey Ltd. CR# 498723

which it belongs and which has jurisdiction over it to keep copies of all, or any part, of the Confidential Information where necessary to support its design, it may do so for archival purposes in accordance with such applicable law or rules and regulations, subject always to the confidentiality requirements of this Agreement. In addition, and notwithstanding the foregoing, Recipient may retain copies of any Confidential Information in routine back-up of electronic data processing systems and Recipient's counsel may retain any Confidential Information, in each case, subject to the terms of this Agreement. Recipient's obligations under this Agreement survive any return or destruction of the Confidential Information.

VIII. Term. The obligations of confidentiality, non-disclosure and restricted use contained in this Agreement terminate 7 years after the date hereof, or such earlier date as may be agreed upon by the parties.

IX. Limitation of Liability. BC Hydro is not liable to Recipient for any inaccurate or incomplete information, except in the case of willful misrepresentation or as otherwise agreed in writing between the parties.

X. No Waiver. No implied waiver by BC Hydro will arise in the absence of a waiver in writing signed by BC Hydro. No failure or delay in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial failure in exercising any right, power, or privilege preclude any other further exercise of that or any other right, power, or privilege.

XI. Equitable Remedies. Recipient acknowledges that irreparable harm may result to BC Hydro if it breaches its obligations under this Agreement and Recipient acknowledges that such a breach would not be adequately compensable by an award of damages. Accordingly, Recipient agrees that remedies for any such breach may include, in addition to other remedies and damages available in law or equity or under this Agreement, specific performance, injunctive relief or other equitable relief enjoining such breach.

XII. Relationship. Nothing in this Agreement creates any relationship of partnership, co-venturer, or principal and agent between the parties. In addition, nothing in this Agreement obligates either party to purchase or provide any services or products of any kind from the other party, or to enter into any future agreements or business arrangements of any kind with the other party.

XIII. Notices. Any notice required or permitted.to be given under this Agreement must be in writing and may be delivered personally to an address designated by a party by subsequent notice, or by fax transmission to BC Hydro, attention: Cindy Verschoor at (604) 623-4200, to Recipient, attention: Cam Davis at (604) 617-4188 or such other fax number as a party may designate by subsequent notice. Notices given by fax transmission shall be effective upon actual receipt if received during the recipient's normal business hours or at the beginning of the recipient's next business day after receipt if not received during the recipient's normal business hours.

XIV. Law and Jurisdiction. The laws of British Columbia govern this Agreement. Each of the parties will:

a) submit to the jurisdiction of the British Columbia courts;

b) if not incorporated or registered in British Columbia, appoint an agent to receive service of any process in British Columbia; and

Social Data Research Survey Ltd. CR# 496723

Information for the purposes herein provided. Recipient will be responsible for, and liable to BC Hydro for, any unauthorized use of Confidential Information by any third party whatsoever to whom Recipient or any of Recipient's Representatives discloses Confidential Information.

IV. Exclusions. Confidential Information does not include, and this Agreement has no application to,"information that:

a) is used or disclosed in a manner consistent with the prior written authorization of BC Hydro; or

b) is lawfully disclosed to Recipient by a third person who has the right to make such disclosure without violating any confidentiality obligation to BC Hydro; or

c) is lawfully in the possession of Recipient at the time of disclosure by BC Hydro; or

d) is shown by clear evidence to have been developed independently by Recipient, before disclosure to it; or

e) is or comes into the public domain, other than through a violation of this Agreement by Recipient; or

f) Recipient is required to disclose by law or a regulatory agency having jurisdiction, provided, however, that Recipient will, to the extent that it is not legally prohibited from so doing, give BC Hydro prompt written notice of any such required disclosure.

Confidential Information, which is specific, will not be within the scope of any exclusion merely because it is embraced by general information in the public domain. Any combination of information or data that comprises part of the Confidential Information will not be within the scope of any exclusion because the individual parts of that information or data are in the public domain unless the combination itself is in the public domain.

V. Ownership. To the extent Confidential Information was the property of BC Hydro prior to disclosure to Recipient, it remains the property of BC Hydro to the same extent, and Recipient acquires no ownership interest therein. Notwithstanding any other provision of this Agreement, BC Hydro will be free to disclose to third parties Confidential Information that was its property prior to disclosure to Recipient. Recipient will not remove any copyright, confidential, proprietary rights or intellectual property notices attached to or included in any Confidential Information received from BC Hydro. Recipient will reproduce all such notices on any copies.

VI. Loss of Confidential Information. Recipient will promptly notify BC Hydro in writing if any information comes to its or its Representatives attention which may indicate there was or is likely to be a loss of confidentiality of any of the Confidential Information. Recipient will use reasonable efforts to retrieve the lost, or wrongfully disclosed, Confidential Information and to prevent further unauthorized disclosure or loss.

VII. Return of Confidential Information. At the written request of BC Hydro, Recipient will immediately return, or if requested destroy, all copies of all written Confidential Information which has been provided to it or its Representatives, including but not limited to summaries of oral Confidential Information provided by BC Hydro. If the Recipient is required by either applicable law or the rules or bylaws of a professional association to

Social Data Research Survey Ltd. CR# 498723

APPENDIX I CONFIDENTIALITY AGREEMENT

This Agreement made as of June 10, 2013

Between:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY, a British Columbia Crown Corporation having its head office at 333 Dunsmuir Street, Vancouver, B.C. V6B 5R3

("BC Hydro")

And:

SOCIAL DATA RESEARCH SURVEY LTD., having an office at 210 - 1811 West 16th, Vancouver, BC V6J 2M3

("Recipient")

Whereas:

A. BC Hydro has requested Recipient to provide physical and online focus groups for the Smart Metering & Infrastructure Program, (the "Services").

B. In order for Recipient to provide the Services, Recipient will require BC Hydro to provide it, and its agents, shareholders, employees, officers, directors, consultants or advisors (collectively "Representatives") with certain information that BC Hydro regards as confidential.

In consideration of the mutual covenants contained in this Agreement, the parties agree as follows:

I. "Confidential Information" for the purposes of this Agreement is information provided to Recipient, including its Representatives, whether orally or in a visual or written (including graphic, electronic or any other) form, of a proprietary, business, technical or know-how nature, which may have been indicated by BC Hydro as confidential, which may not be expressly identified by BC Hydro as confidential, or which a reasonable person would conclude BC Hydro would view as confidential, and all notes, compilations, working papers, studies, analyses and all other documents containing that information or derived from that information prepared by Recipient and its Representatives in performance of the Services.

II. Non Disclosure. Recipient will treat as confidential and will not disclose Confidential Information to any third person. Recipient may disclose Confidential Information to its Representatives for purposes related to the Services, provided they are obliged in a manner consistent with this Agreement to maintain the confidentiality of the Confidential Information disclosed to them.

III. Restricted Use. Recipient will use Confidential Information only for purposes related to the Services. BC Hydro warrants that it is authorized to make disclosure of Confidential

Social Data Research Survey Ltd. CR# 496723

cooperate with BC Hydro and provide all assistance reasonably required by BC Hydro in conducting such audits and reviews from time to time. Any audit conducted under this SC2.5 shall be conducted in accordance with Consultant's policies relating to personal information.

SC2.6 Consents and Notice - Consultant shall ensure that all consents required for the security checks hereunder are provided to BC Hydro in a timely manner

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APPENDIX H SPECIAL CONDITIONS

SC1.1 CONFLICT OF PROVISIONS In the event of conflicts or inconsistencies, if any, between or among the special conditions contained within this Appendix H and the other terms and conditions of the Agreement, the special conditions set out in this Appendix H take precedence and govern over the other terms and conditions of the Agreement.

SC2

SECURITY

SENSITIVE

WORK

SC2.1 Background Checks - Consultant shall ensure that every individual it intends to utilize, whether directly or indirectly and whether through a subcontractor or otherwise, in the performance of Security Sensitive Work (as defined in the next paragraph of this SC) has, not more than six (6) months prior to engaging in any such Security Sensitive Work, successfully passed all of the following:

• criminal record check,

• education verification check,

• employment verification check, and

• PS Canada database search or equivalent

Hydro's Representative may, at any time, categorize groups of individuals by the type of Security Sensitive Work to be performed and may waive, in writing, any of the checks itemized in the above paragraph of this SC for any such category.

SC2.2 Definition - For the purpose of this SC only, "Security Sensitive Work" means any Services identified in the Agreement and any Services that Hydro's Representative advises by giving reasonable notice during the term of the Agreement is security sensitive work and generally includes any work of special trust that may impact systems critical to BC Hydro's infrastructure protection or operation, including critical systems for bulk energy generation and delivery and the acquisition or handling of information that is deemed by BC Hydro as "confidential" or "confidential information".

SC2.3 Confirmation - Prior to allowing any individual to engage in Security Sensitive Work, and subsequently at any other time upon BC Hydro's request, Consultant shall provide BC Hydro with written confirmation from Garda Security, or another third party background check provider acceptable to BC Hydro, confirming compliance with the requirements of this SC with respect to each individual the Consultant utilizes, or proposesto utilize, in the performance of the Security Sensitive Work.

SC2.4 Updates - Throughout the term of the Agreement, Consultant shall require any or all of the checks prescribed by this SC to be repeated from time to time if information is received by Consultant, whether from Hydro's Representative or otherwise, that suggests that the risk in respect of any individual has materially changed.

SC2.5 Audit - BC Hydro reserves the right, at any time during the term of the Agreement, to audit and review, at its own expense, Consultant's compliance with this SC including without limitation the processes used to implement the checks. Consultant shall

Social Data Research Survey Ltd. CR# 496723

28

G.5 Change - Where a direction by Hydro's Representative under clause G.4 imposes a requirement greater than that imposed elsewhere under the Agreement, the provisions of clause 5 shall apply.

SOCIAL RESPONSIBILITY

G.6 Non-Discrimination - Without limiting the requirements of clauses 10 and 15, Consultant and its subcontractors are expected not to engage in discrimination based on factors such as, but not limited to, race, colour, age, gender, sexual orientation, ethnicity, disability, pregnancy, religion, political affiliation, union membership or marital status, in their hiring and employment practices such as compensation, promotions or access to training and development.

G.7 Respectful Workplace - Consultant shall clearly define its disciplinary policies and procedures and communicate such policies and procedures to all subcontractors, workers and other personnel involved in the provision of the Services. Without limiting the requirements of clause 10 and 15, Consultant is expected to:

(a)

provide a respectful workplace where all workers and other persons involved in the provision of the Services, are treated with dignity and respect; and

(b)

not engage in nor tolerate any harsh or inhuman treatment of workers or other persons involved in the provision of the Services, including physical, sexual or verbal harassment or abuse or any threat of such treatment.

MONITORING AND REPORTING

G.8 Monitoring - Consultant shall implement a system, acceptable to Hydro's Representative, to monitor and report on compliance with both the intent and the requirements of this Appendix G.

G.9 Reporting -Within 15 days after the award of the Agreement, Consultant shall provide to Hydro's Representative a written report detailing Consultant's social and environmental responsibility policies and programs.

On or before the 151 day of each calendar quarter, Consultant shall provide to Hydro's Representative a written report detailing:

(a)

material changes to Consultant's social and environmental responsibility policies and programs, if any;

(b)

new social or environmental responsibility policies or programs implemented by Consultant during the preceding calendar quarter, if any; and

(c)

any breach, or potential breach, of the intent or requirements of this Appendix G, including, where applicable:

(i) any resulting, or anticipated, negative social or environmental impacts; (ii) the measures taken by Consultant to avoid, or minimize, the effect of any such negative social or environmental impacts; and

(iii) the steps Consultant has taken, or proposes to take, in order to avoid any continuing, repeated or future breach of the intent or requirements of this Appendix G.

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APPENDIX G SOCIAL AND ENVIRONMENTAL RESPONSIBILITY

COMMUNICATION

G.1 Communications - Consultant shall communicate the requirements of this Appendix G to all subcontractors, workers and other persons involved in the provision of the Services.

G.2 Subcontractors - Where Consultant enters into a contract with a subcontractor, Consultant shall ensure that such contract requires the subcontractor to comply with the intent and the requirements of this Appendix G and Consultant shall implement a system, acceptable to Hydro's Representative, to:

(a)

monitor each subcontractor's compliance with the intent and the requirements of this Appendix G; and

(b)

include details of each subcontractor's performance in the reports required under clause G.9.

ENVIRONMENTAL RESPONSIBILITY

G.3

Packaging

and

Shipment

(a)

Consultant shall, to the extent practicable, ensure that all packaging of the Work Product, including any temporary packaging required for delivery of the Work Product:

(i)

is free of polyvinyl chloride (PVC);

(ii)

identifies, and clearly marks, all plastic parts heavier than 25g by material

(b)

type and composition. BC Hydro will use such information for its own decision making concerning subsequent handling, waste recovery or disposal; (Hi) is at least 80% (by packaging weight) composed of materials that are either readily recyclable or can be composted. Consultant shall ensure that any packaging that cannot be recycled or composted can be lawfully disposed of in the applicable local (municipal) waste system;. (iv) is free of heavy metals in any packaging or packaging component. To the extent that it is impracticable to eliminate all heavy metals from packaging or packaging components, Consultant shall ensure that any heavy metals in any packaging or packaging components can be lawfully disposed of in the applicable local (municipal) waste system; and

(v) is minimized, while ensuring that the Work Product is properly packaged

for safe shipment and delivery.

Consultant shall take commercially reasonable measures in the transportation and delivery of the Work Product to avoid causing negative impacts to the environment.

G.4 Compliance with BC Hydro's Directions - Consultant shall comply with clause 15 and any directions given by Hydro's Representative with respect to the protection and preservation of the environment.

Social Data Research Survey Ltd. CR# 496723

26

A g r e e m e n t

Consultant:

N o .

SCHEDULE ADJUSTMENT

No Adjustment

P A G E

CHANGE DIRECTIVE

2

o f

2

A d j u s t m e n t :

+ / -

d a y s

D

a t e

r e q u i r e d

f o r

C S A

C o m p l e t i o n :

,

2 0

SPECIAL CONDITIONS

 

D

A T E :

,

2 0 .

SIGNED:

British Columbia Hydro & Power Authority

By:

Authorized Signatory

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APPENDIX F CHANGE DIRECTIVE FORM

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

A

g r e e m e n t

N o .

P A G E

1

o f

2

C

o n s u l t a n t :

'

CHANGE DIRECTIVE

Notes:

(1) Where space on this form is insufficient, please reference and attach additional sheets. (2) Terms used in this form and defined in the Agreement have the meaning given them in the Agreement unless otherwise defined.

DESCRIPTION OF CHANGE:

REFERENCE:

Notice of Claim - Change No.

Drawings:

Specifications:

Other Instructions:

PRICE ADJUSTMENT:

Details of Valuation

Price

E s t i m a t e d

p r i c e

b e f o r e

t h i s

C h a n g e

D i r e c t i v e :

$ .

A d j u s t m e n t

( fi r m

D / e s t i m a t e d D ) :

$ -

(Tick the appropriate box)

 

E

s t i m a t e d

p r i c e

a f t e r

t h i s

C h a n g e

D i r e c t i v e :

$ .

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A n

Agreement No.

Consultant:

SCHEDULE ADJUSTMENT

No Adjustment

Adjustment: +/-

days

Date required for CSA Completion:

SPECIAL CONDITIONS

DATE:

SIGNED:

Consultant

By:

.20.

Authorized Signatory

Social Data Research Survey Ltd. CR# 498723

CHANGE ORDER

.,20

PAGE 2 of 2

British Columbia Hydro & Power Authority

By:

Authorized Signatory

23

APPENDIX E CHANGE ORDER FORM

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

A g r e e m e n t

Consultant:

N o .

P A G E

1

o f

2

CHANGE ORDER

Notes:

(1) Where space on this form is insufficient, please reference and attach additional sheets. (2) Terms used in this form and defined in the Agreement have the meaning given them in the Agreement unless otherwise defined.

DESCRIPTION OF CHANGE:

REFERENCE:

Notice of Claim - Change No.

Drawings:

Specifications:

Other Instructions:

PRICE ADJUSTMENT:

Method of Valuation Tick one:

UNIT RATE SET OUT IN Appendix C

ADDITIONAL UNIT RATES

LUMP SUM

COST PLUS PERCENTAGE

Details of Valuation

Price

E s t i m a t e d

p r i c e

b e f o r e

t h i s

C h a n g e

O r d e r :

$ _

A d j u s t m e n t

( fi r m

D / e s t i m a t e d D ) ;

$ -

(Tick the appropriate box)

 

E

s t i m a t e d

p r i c e

a f t e r

t h i s

C h a n g e

O r d e r :

$ .

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D.4 WORKERS COMPENSATION

Consultant shall comply with workers compensation or equivalent legislation that is applicable to it, including the payment of assessments and dues thereunder. Consultant's Workers' Compensation Board registration number is in the jurisdiction of . If Consultant has workers compensation coverage by insurance, the insurance certificate provided under clause D.2 of this Appendix D shall identify such coverage under "OTHER".

At any time on request of Hydro's Representative when Consultant is registered with a Workers' Compensation Board, Consultant shall deliver to Hydro's Representative:

(a)

a statement from the Workers' Compensation Board that:

(i) Consultant is registered and in good standing; and

(ii)

all persons performing the Services who are not covered by the Workers Compensation Act are covered under personal optional protection coverage available through the Workers' Compensation Board; and

(b)

Consultant's Occupational Health and Safety Program, which shall:

(i)

meet the requirements of all applicable Laws respecting the safe performance of the Services; and

(ii)

address the coordination of occupational health and safety activities of employers, workers, and other persons at multi-employer workplaces, as that term is defined by the Workers Compensation Act.

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APPENDIX D

INSURANCE

D.1 INSURANCE REQUIRED

Consultant shall obtain, maintain until CSA Completion or earlier termination of the Agreement or such longer period as may be specified below, and pay the premiums for, the following insurance coverage.

(a) Automobile Liability Insurance. Automobile liability insurance covering liability for bodily injury, including death, and property damage arising out of ownership, use or operation of Consultant owned or leased licensed motor vehicles of $2 million inclusive per occurrence.

(b) Professional Liability Insurance. A "Professional liability insurance policy" in an amount of $2,000,000.00 per claim and in the aggregate, to cover damages because of any error, omission or negligent act in professional services rendered by Consultant. Subject to reasonable commercial availability coverage shall be maintained for at least 24 months after CSA Completion or earlier termination of the Agreement.

(c) Commercial General Liability Insurance. A "commercial general liability insurance policy", in an amount of $2 million per occurrence, with cross liability and severability of interest clauses or equivalent wording, and a standard "non-owned automobile liability endorsement". The policy shall name BC Hydro as an additional insured with respect to liabilities that arise out of Consultant's operations. The policy shall provide coverage not less than the insurance required by IBC Form 2100, or its equivalent replacement, and shall remain in place for 24 months following CSA Completion, or earlier termination of this Agreement. All insurance policies required under this clause D.1(c) shall be considered primary but only with respect to the Named Insured's negligence in the performance of the Agreement.

D.2 PROOF OF INSURANCE

Upon request by BC Hydro, Consultant shall provide BC Hydro with a completed Certificate of Insurance evidencing insurance coverage in place meeting the requirements set out above in this Appendix D, except that no evidence of automobile insurance required under clause D.1 (a) above is required unless evidence of such insurance is specifically requested. On written request by BC Hydro, Consultant shall provide a copy of any insurance policy required to be obtained by Consultant under the Agreement.

D.3 NOTICE OF CANCELLATION

All insurance policies required under clauses D.1(b) and (c) of this Appendix D shall provide that 30 days written notice of cancellation shall be given to BC Hydro. Consultant is solely responsible to determine the appropriate type and amount of insurance to carry, but shall maintain, during the Agreement, at least the amount and type of insurance specified in this Appendix D.

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number. British Columbia Social Service Tax is not chargeable by Consultant or payable by BC Hydro under this Agreement.

(e) Non-Resident Withholding - Where Consultant is a non-resident of Canada, BC Hydro may withhold from any payments to Consultant, and remit to such applicable governmental agency or authority, such amounts as may be required to be withheld and remitted pursuant to applicable Laws.

(f) Records - Consultant shall maintain for a period of 6 years accurate records of time spent by its personnel in performing Services and of expenses incurred and provide to BC Hydro copies of all applicable receipts (other than credit card receipts) for which Consultant seeks reimbursement. In addition, Consultant shall permit BC Hydro, at its request, to examine those records at Consultant's offices during normal business hours for the purpose of verifying the accuracy of invoices.

(g) Currency - Fees and expenses shall be paid in Canadian dollars ("Agreement Currency"). If wages, salaries or expenses are incurred and paid in any other currency, they shall be converted to the Agreement Currency at the conversion rate quoted by Royal Bank of Canada for the business day preceding the invoice date.

(h) Fixed Rates - Consultant acknowledges and agrees that charge rates for Consultant's personnel and expenses are fixed for the duration of the Agreement and are not subject to review and adjustment.

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Notwithstanding the foregoing, BC Hydro shall not be liable to reimburse Consultant for individual expense commitments exceeding $50,000 unless previously approved in writing by BC Hydro.

C.3 PAYMENT CONDITIONS

(a)

Invoicing - Consultant shall invoice fees and expenses monthly. Consultant shall send invoices via email to Sandra.aibnev(@bchvdro.com for prior approval. Once the BCH manager has approved the invoice, consultant shall send invoices to:

BC Hydro Accounts Payable 6911 Southpoint Drive Burnaby, BC V3N 4X8

The following information is required on all invoices:

• Order Number;

• Invoice Number; and

• Total invoice value

• Charge Code

The following information is required on invoices only where applicable:

Blanket order release number; Order line number; Shipping information; Quantity; Unit price; and GST/HST registration number, if applicable.

Undisputed invoices, or if BC Hydro exercises its discretion under clause C.3(a), undisputed portions of invoices, are due 30 days after BC Hydro's receipt of the invoice in accordance with the requirements of this Appendix C.

(b)

. Disputed Invoices - BC Hydro reserves the right to withhold payment of any invoice, or, at BC Hydro's discretion, any portion of an invoice, which BC Hydro determines, acting reasonably, is not in accordance with this Agreement and shall on receipt of such invoice promptly notify Consultant in writing of the reason for such withholding.

(c)

Holdbacks - BC Hydro may retain a holdback of 10% of the amount of each invoice until CSA Completion or such earlier time approved by Hydro's Representative in appropriate circumstances.

(d)

Taxes - Fees and expenses do not include any applicable Canadian federal Goods and Services Tax ("GST/HST"), which shall be calculated and included as a separate line item in invoices, for payment by BC Hydro in accordance with applicable Laws. Notwithstanding the foregoing, if Consultant is obliged to collect GST/HST in respect of the Services performed under this Agreement, Consultant shall be registered for GST/HST under the Excise Tax Act (Canada) and shall provide to BC Hydro on all invoices, Consultant's GST/HST registration

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APPENDIX C COMPENSATION

HOURLY/UNIT RATE PLUS EXPENSES

C.1

FEES

(a)

Fees - Subject to clause C.1(b) of this Appendix C, BC Hydro shall pay Consultant for performance of the Services fees, calculated based on time spent by Consultant's personnel in performing the Services, in accordance with the following:

 

Social Data Research Services

Total Cost (excluding GST)

4

physical

$21,500

4

online

$16,000

Travel/subsistence

$500

Close clrcuit/AV

$1,500

 

(b)

Maximum Fees - The maximum aggregate liability of BC Hydro to Consultant for fees pursuant to clause C.1 (a) of this Appendix C is limited to an amount equal to $50,000 and BC Hydro shall not pay or otherwise be liable to Consultant for fees in excess of such amount unless otherwise expressly agreed to in writing by BC Hydro.

C.2

EXPENSES

 

(a) Expenses - BC Hydro shall:

(i) reimburse Consultant for the following expenses reasonably incurred in connection with the performance of the Services, at cost plus 0 percent:

A. travel costs for travel approved by BC Hydro, including travel fares, hotel accommodation, subsistence or field living allowance, car rentals or other local transportation, for travel by Consultant's personnel away from their normal place of residence, in accordance with Consultant's normal personnel policies;

reproduction and duplicating services and materials, including drawing printing and reproduction in accordance with Consultant's normal schedule of rates published at the date of this Agreement; communication costs, including courier services, brokerage and customs charges, long distance telephone, facsimile transmission and other telecommunications charges, and freight and mailing costs in excess of $1.00 per item; and

D.

field office and services costs, including field office premises, heat, light, air conditioning, furniture, fixtures and equipment, survey equipment, and motor vehicle, aircraft and watercraft costs; and reimburse Consultant for the reasonable cost of subcontractors engaged in the performance of the Services with the prior written approval of Hydro's Representative, at cost plus 0%.

B.

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APPENDIX B SCOPE OF SERVICES

Purpose: To better understand the reasons why SM resisters are refusing the installation of the SM and to develop communication approaches and messages that might convince resisters to comply.

Method: Physical & Online Focus Groups

Time Frame for Groups: June 17-21

Assumptions:

- Four physical groups: two in Vancouver and two in Nanaimo; and four online groups

(residents living in more rural areas outside the lower mainland of Vancouver Island, the Interior and Nothern BC)

- BCH will provide list of potential participants

- Number to be recruited for each group = 10 with 8 to show

- SDR will assist in preparation of Moderator's Guide

- Cam Davis to moderate groups

Total

Cost:

$39,500

Cost Breakdown:

exculding

GST

4 p h s y c i a l

$ 2 1 , 5 0 0

$ 1 6 , 0 0 0

4

o

n

l

i n

e

Travel/subsistence

 

$

500

Close

circult/AV

$

1,500

Estimate Includes:

Recruitment costs Facility rental & related management fees (physical groups) Food and refresments for front & back room (physical groups) Participant incentives Moderation Analysis of results (listening to tapes, gleaning trends, selecting appropriate quotes, etc.) Preparation of Power Point Report Client meetings and ongoing communication

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(u)

"Third Party Claim" means a Claim made against a party to the Agreement by a third party.

(v)

"Work Product" means all Submittals, drawings, data, plans, models, designs, reports, specifications and other documents and all concepts, inventions, methods, mechanisms, know-how, products and processes and any other deliverables to be prepared, produced or supplied by Consultant under the Agreement as part of the Services, and all copyright and other intellectual property rights therein. For greater certainty, Work Product does not include intellectual property that is proprietary to Consultant and (i) used by Consultant to prepare, produce or supply the Work Product; or (ii) that is otherwise embedded within the Work Product ("Embedded IP"), provided such intellectual property was not specified as a deliverable under the Agreement; or (iii) specifically identified in Appendix B as being excluded from the Work Product.

A.2 INTERPRETATION Grammatical variations of defined terms have similar meanings, the singular includes the plural and vice versa, and the masculine includes the feminine and neuter, where the context requires. The division of the Agreement into clauses, subclauses, paragraphs and Appendices is for convenience and does not affect the interpretation of the Agreement. The word "including" is deemed to be followed by "without limitation". Special Conditions, if any, govern over the Agreement.

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0) "Consultant's Representative" means the person appointed by Consultant for this role under clause 9 of the Agreement, as such person may be replaced by Consultant from time to time in accordance with the Agreement. Unless BC Hydro is expressly advised otherwise, Consultant's Representative: (i) has the responsibility for managing the Agreement, on behalf of Consultant and has full authority to act on behalf of and bind the Consultant; and (ii) may, in writing, delegate any. or all of his or her authority to any other person.

(k)

"Contractor Code of Conduct" means the Code of Conduct Guidelines

Applicable

to

BC

Hydro

Contracts,

a

copy

of

which

is

available

at

httD://www.bchvdro.com/etc/medialib/internet/documents/policies/pdf/policies qui

delines applicable to be hydro contracts.Par.OOOI.File.attachment 1 policies guidelines applicable to be hydro contracts.pdf or by contacting Hydro's Representative.

(I)

"CSA Completion" means that the Services have been completed in all respects, all deficiencies have been corrected and all Submittals have been made and completed in accordance with clause 4 of the Agreement, all to the satisfaction of BC Hydro.

(m)

"Embedded IP" has the meaning ascribed to it in (v) of this Appendix A.

 

(n)

"Force Majeure Events" has the meaning ascribed to it in clause 24 of the Agreement.

(o)

"Hydro's Representative" means the person appointed by BC Hydro for this role under clause 9 of the Agreement, as such person may be replaced by BC Hydro from time to time in accordance with the Agreement. Unless Consultant is expressly advised otherwise, Hydro's Representative: (i) has the responsibility for managing the Agreement on behalf of BC Hydro and has full authority to act on behalf of and bind BC Hydro; and (ii) may, in writing, delegate any or all of his or her authority to any other person.

(p)

"Laws" means all applicable constitutions, charters, acts, laws, statutes, regulations, ordinances, by-laws, rules, protocols, codes, guidelines, judgments, orders, notices, directions, decrees, treaties or other requirements whether national, provincial or local made or issued by any government or governmental agency or authority.

(q)

"Permits" means permits, licenses, approvals and similar authorisations issued by any government or governmental agency or authority for the Project.

(r)

"Project" means the Smart Metering and Infrasturcutre Program located in Burnaby B.C.

(s)

"Services" means the services and other obligations to be performed by Consultant under the Agreement, as described in Appendix B, as amended from time to time by Change Order or Change Directive.

(t) "Submittals" has the meaning ascribed to in clause 4 of the Agreement.

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APPENDIX A DEFINITIONS AND INTERPRETATION

A.1

DEFINITIONS

(a)

"Affiliate" means, with respect to a party, a corporation that controls, is controlled by, or is under common control with, that party.

(b)

"Agreement" has the meaning ascribed to it in clause 1 of the Agreement.

(c)

"Change"

means:

 

(i)

a deletion from the Services; or

(ii)

an addition to, revision of or modification to, the Services which is within the general scope of the Agreement.

(d)

"Change Directive" is the document issued and signed by Hydro's Representative under clause 5 of the Agreement in the form set out in Appendix F, that changes the scope of the Services.

(e)

"Change Order" is the document issued and signed by Hydro's Representative under clause 5 of the Agreement in the form set out in Appendix E, that changes the scope of the Services.

(f) "Claim" means any claim, demand, action, cause of action, suit and proceeding.

(g) "Claim Costs" means any and all loss, damage, cost and expense, including but not limited to all reasonable legal, accounting and expert costs and expenses incurred in the investigation,.defence or settlement of a Claim.

(h) "Compensation" means amounts payable to Consultant in accordance with Appendix C of the Agreement.

(i) "Confidential Information" means technical, financial, commercial and legal information and information expressly identified by the information owner as proprietary or confidential, that is disclosed or otherwise made available by one party to the other whether orally or in any other media or form and includes the Work Product, the existence of the Agreement and the contents hereof, but excluding information that is:

(i) in the public domain before disclosure to the receiving party, or becomes in the public domain thereafter otherwise than as a result of a breach by the receiving party of its obligations of confidentiality under the Agreement;

S o c i a l

(ii) known to the receiving party before it is disclosed by the disclosing party;

(iii)

developed independently by the receiving party without reference to the

information disclosed by the disclosing party as evidenced by written or other tangible records; or (iv) received by the receiving party from a third person, who is not under any obligation to the disclosing party to restrict disclosure.

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(a)

Claims or Claim Costs arising out of the wilful, fraudulent or criminal misconduct of Consultant, its subcontractors, or their respective directors, officers, employees or agents; or

(b)

Third Party Claims or Claim Costs.

30.

Response to Injunctive Relief Without limiting any other.rights or remedies of BC Hydro or any other obligation of Consultant under the Agreement, if the use of the Work Product, or any part thereof, by BC Hydro is enjoined by a court of competent jurisdiction as a result of any infringement for which Consultant has agreed to indemnify BC Hydro under clause 25, Consultant, on notice from BC Hydro and at Consultant's option, shall either procure and pay for an irrevocable, non-exclusive, royalty free and perpetual license in favour of BC Hydro permitting continued use by BC Hydro of the Work Product, or applicable part thereof, or replace or modify the Work Product, or applicable part thereof, with non-infringing work of quality and performance capability that is substantially equivalent in all material respects to that specified by the Agreement, in each case, all at Consultant's sole cost and expense.

31.

Dispute

Resolution

Before resorting to any other dispute resolution mechanism, BC Hydro and Consultant shall use commercially reasonable efforts to resolve any disputes arising under or related to the Agreement by discussion and negotiation and agree to provide, without prejudice, frank, candid and timely disclosure of relevant, non-privileged, facts, information and documents to facilitate such negotiations. If BC Hydro and Consultant are unable to resolve a dispute arising under or related to the Agreement, the parties may have the dispute resolved by mediation, arbitration or such other means as they may agree. If no agreement as to the method of dispute resolution is reached between BC Hydro and Consultant within 30 days after the dispute arose, then either party may at any time submit the dispute to such British Columbia judicial tribunal as may be appropriate in the circumstances. Each party shall continue performance of its obligations under the Agreement notwithstanding the existence of a dispute.

32.

Governing

Law

The Agreement is governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding conflict of laws principles that would impose a law of another jurisdiction for the construction of the Agreement. The parties hereby irrevocably and unconditionally attorn to the non-exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom. The United Nations Convention on Contracts for the International Sale of Goods set out in the schedule to the International Sale of Goods Act (British Columbia) does not apply.

33.

Miscellaneous

(a) Currency. All references herein to currency are to the lawful money of Canada, unless expressly stated otherwise.

(b) Time. The parties agree to perform each and every obligation under the Agreement in a timely and efficient manner and in accordance with the Agreement.

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(c)

Disclosure. Consultant shall not make any public releases or announcements or issue advertising pertaining to the Agreement without the prior written approval of BC Hydro, approval not to be withheld or delayed unreasonably.

(d)

Further Assurances. Each of the parties shall execute all further documents and instruments and do all further and other things as may be necessary to implement and carry out the terms of the Agreement.

(e)

Survival. All rights, obligations and remedies of the parties which accrued prior to the time of expiry or earlier termination of the Agreement, or which are by their nature continuing and all other provisions necessary for the interpretation or enforcement of such provisions shall survive expiry or earlier termination of the Agreement.

(f)

Notices. Notices shall be in writing and may be given personally or by facsimile transmission or by e-mail to the addresses supplied under the Agreement, or other addresses given by subsequent notice. Notices given: (i) personally are deemed effective upon actual receipt; and (ii) by facsimile transmission or e-mail are deemed received upon actual receipt, if received during recipient's normal business hours, or at the beginning of the recipient's next business day if not received during recipient's normal business hours.

(g)

Waiver.

A

waiver

of

any

breach

of

the

Agreement

is

not

a

waiver

of

any

continuing or subsequent breach. A waiver shall be written and signed by the party against whom enforcement thereof is sought.

(h)

Severability. If any provision of the Agreement is illegal or unenforceable, it shall be severed and the balance of the Agreement enforced.

(i)

Enurement. The Agreement enures to the benefit of and binds the parties and their respective successors and permitted assigns.

G)

Amendment

The

Agreement

may

be

amended

only

by

written

agreement

between the parties.

 

(k)

Counterparts.

The

Agreement

may

be

executed

in

counterparts,

which

when

taken together shall constitute one and the same document. The Agreement

may

be

executed

by

the

exchange

of

signed

counterparts

by

facsimile

transmission or electronically in PDF or similar secure format.

 

(I)

Joint and Several Obligations. The obligations of Consultant are and shall be deemed for all purposes to be the joint and several obligations of each and every one of the persons who have executed the Agreement as the "Consultant".

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(ii)

to

cure

such

default

within

the

time

Representative in its notice; or

period

identified

by

Hydro's

(c) immediately if Consultant is bankrupt, insolvent or unable to discharge its liabilities when due.

22. Termination

by

Consultant

Consultant may terminate the Agreement by notice to BC Hydro if:

(a)

BC Hydro is bankrupt, insolvent or unable to discharge its liabilities when due; or

(b)

BC Hydro defaults in payment of any undisputed Compensation for 60 days after the receipt of notice of overdue payment.

23. Obligations

on

Termination

If the Agreement is terminated, Consultant shall deliver to BC Hydro all completed but

previously undelivered Work Product and all work-in-progress including any partially completed Work Product.

If the Agreement is terminated under clause 21(a), BC Hydro shall pay Consultant for

Services performed to the date of termination. If this Agreement is terminated under clause 21(b) or (c), BC Hydro shall make no further payments to Consultant, and termination shall be without prejudice to any other right or remedy available under the

Agreement, at law or in equity as a result of the termination or any prior default.

24. Force

Majeure

A party is excused from performance under the Agreement if and to the extent and for

the time that performance is prevented or materially hindered by events or circumstances, including any unreasonable acts or omissions of the other party and its agents, consultants and its and their employees, (collectively, "Force Majeure Events") beyond the reasonable control of that party and which by the exercise of reasonable diligence by such party could not have been prevented (except lack of financial capability or lack of labour, material or utilities shall not be Force Majeure Events hereunder unless caused by an event or circumstance that would otherwise excuse a party from performance of its obligations), provided that prompt notice is given to the other party. If either party gives notice of a Force Majeure Event, each party shall exercise reasonable efforts to avoid or minimize any delay occasioned thereby. The party prevented or delayed in the performance or observance of its obligations under the Agreement shall resume promptly the performance and observance of those obligations after cessation of the particular Force Majeure Event unless the Agreement has been terminated.

25. Consultant's

Indemnify

Consultant shall indemnify and hold harmless BC Hydro, its directors, officers and

employees, for Claims and Claim Costs for or arising out of:

(a)

infringement of any patent or intangible, intellectual, proprietary or industrial property rights of a third person to the extent it results from BC Hydro's use of the Work Product for the Project or in the manner contemplated in Appendix B;

(b)

personal injury, including death, or property damage to the extent caused by the negligence and/or wilful misconduct of Consultant, its subcontractors, or their respective employees or agents; and/or

Social Data Research Survey Ltd. CR# 496723

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(c)

breach of the Agreement by Consultant, its subcontractors, or their respective employees or agents.

26.

Indemnity

Conditions

 
 

Consultant agrees that each of BC Hydro and its directors, officers and employees may enforce the above indemnity for their benefit directly against Consultant. The right of BC Hydro, its directors, officers and employees to be indemnified by. Consultant under clause 25 is subject to the conditions that:

(a)

BC Hydro gives Consultant prompt notice of any Third Party Claim, the right and opportunity to select counsel and defend or settle the Third Party Claim, all documents and other information, including access to witnesses, available to BC Hydro that may assist in the favourable defence or settlement of the Third Party Claim; and

(b)

BC Hydro does not make any admission, or do any other act or thing, that is materially prejudicial to the favourable defence or settlement of the Third Party Claim.

27.

Liability

Exclusions

 
 

(a)

Neither party is liable to the other for special, punitive, contingent, indirect or consequential loss or damage. Notwithstanding the preceding sentence, nothing in this clause 27(a) shall apply to or be interpreted so as to, preclude, or otherwise limit, recovery of any of the types of loss or damage described in the preceding sentence, if such loss or damage would be recoverable or claimable under any insurance coverage required to be obtained pursuant to the Agreement, up to the amount, or minimum amount, as the case may be, of insurance coverage required to be obtained pursuant to the Agreement.

(b)

BC Hydro releases Consultant from any Claims or Claim Costs that arise as a result of BC Hydro's use of the Work Product in a manner or for purposes inconsistent with BC Hydro's intended use of the Work Product as contemplated in Appendix B.

28.

Maximum

Liability

 
 

The maximum aggregate liability of Consultant to BC Hydro for Claims under or relating to the Agreement, whether or not terminated, and whether arising in contract, tort,

including negligence, by statute or as matters of strict or absolute liability, is limited:

(a)

for Claims, or portions thereof, insured under a policy of insurance required to be maintained under the Agreement, if any, to the amount of Claims payments to which Consultant is entitled under those policies, but not exceeding the minimum insurance amount prescribed in the Agreement for those policies; and

(b)

for all other Claims, including deductibles and excluded risks and Claims, or portions thereof, not. insured under the policies or in excess of the minimum insurance amount prescribed in the Agreement for those policies, if any, referenced in (a) above, to an amount equal to the maximum for fees or the Fixed Price, as the case may be, set out in Appendix C, as amended from time to time by Change Directive or agreed Change Orders.

29.

Exceptions

to

Maximum

Liability

Notwithstanding anything in the Agreement to the contrary, the limits on Consultant's liability under the Agreement shall not apply to:

Social Data Research Survey Ltd. CR# 496723

IN WITNESS WHEREOF the parties have executed this Agreement, effective as of the date first above written.

BRITISH COLUMBIA HYDROJVND POWER AUTHORITY

 

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CONSULTANT'S FULL LEGAL NAME

SDRSURVEY

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Authorized Signatory:

Print Name: Cam Davis

Tltte:

Managing

Director

n^ttn-H-

June

10th,2013

Social Data Research Survey Ltd. CR# 496723

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12

14. Safety Consultant shall: (i) be responsible for the protection and safety of all persons performing the Services in accordance with applicable Laws; (ii) ensure that its personnel are properly trained in all applicable safety procedures; and (iii) take all reasonable steps to ensure that no person is injured or property damaged or lost due to the performance of the Services.

Consultant, in the event of any injury to a worker in the course of the performance of the Services on any site owned, operated, or controlled by BC Hydro shall as soon as practicable: (i) notify Hydro's Representative of the incident; and (ii) provide a safety incident report through BC Hydro's web-based contractor incident reporting facility. If Consultant is without Internet access, Consultant shall promptly obtain the required report form from Hydro's Representative and promptly after obtaining it shall complete and return the completed report to Hydro's Representative.

15. Social

and

Environmental

Responsibility

Consultant shall demonstrate in the performance of the Services that it is socially and environmentally responsible by: (i) complying with all applicable social, labour, employment and environmental legislation and regulations; (ii) complying with the requirements of Appendix G; and (iii) taking all reasonable and necessary measures in the performance of the Services to avoid causing negative social or environmental impacts. Where Consultant's performance of the Services causes the occurrence of negative social or environmental impacts, Consultant shall immediately advise Hydro's Representative and take all reasonable and necessary measures to minimize the effect of such negative impacts.

16. Insurance Consultant shall comply with the insurance provisions in Appendix D.

17. Ownership of Work Product and Embedded IP Consultant agrees that BC Hydro shall own all of the Work Product and Consultant irrevocably assigns to BC Hydro all of Consultant's right, title and interest in the Work Product and hereby waives in favour of BC Hydro all rights (including, all moral rights), and shall cause all of its personnel working on the Project to waive in favour of BC Hydro such rights, in and to the Work Product. Consultant retains ownership of the Embedded IP, if any, but grants BC Hydro and its other contractors and consultants an irrevocable, perpetual, assignable, royalty free right to load, transmit, access, execute, use, store, display, modify, alter or otherwise change the Embedded IP for the Project or for such other projects as BC Hydro may undertake. Any and all modifications of the Embedded IP prepared by or on behalf of BC Hydro shall be owned by BC Hydro.

18. Confidential

Information

Consultant shall not use or disclose to third persons: (a) BC Hydro Confidential Information; or (b) Confidential Information of any third party ("Third Party CI"), in either case received or otherwise obtained by Consultant in connection with the Agreement, except with the prior written consent of BC Hydro. As between BC Hydro and Consultant, BC Hydro owns and retains ownership of all BC Hydro Confidential Information and all Third Party CI (collectively, the "Agreement CI"). Upon request of Hydro's Representative from time to time, Consultant shall execute separate confidentiality agreement(s) in respect of Third Party CI on terms and conditions

Social Data Research Survey Ltd. CR# 496723

Representative, acting reasonably, pending final determination in accordance with clause 31, and Consultant shall perform the Change as so directed.

(b)

Changes shall be valued using applicable unit prices or labour and/or equipment rates, as specified in Appendix C - Compensation, if any and otherwise shall be valued based on a reasonable estimate of cost or cost savings, including an allowancefor overhead and profit.

(c)

Consultant shall not undertake a Change without a Change Order signed by Hydro's Representative and Consultant's Representative or Change Directive signed by Hydro's Representative.

6.

Compensation BC Hydro shall pay Compensation for the Services in accordance with Appendix C. Consultant's Canadian federal Goods and Services Tax (GST/HST registration) number is 83718 7061RT0001.

7 .

S c h e d u l e Consultant shall commence the Services on or before June 17, 2013 and shall perform the Services continuously, diligently, faithfully and in a timely manner to CSA Completion, to be achieved no later than June 21, 2013. Consultant shall perform the Services in accordance with any timetable for deliverables set out in Appendix B.

8.

Relationship Consultant is an independent contractor to BC Hydro. Consultant is not, and shall not represent itself to be, an agent, partner or joint venturer of or with BC Hydro. None of Consultant or employees or independent contractors will be entitled to membership in any BC Hydro pension or benefit program as a result of the Agreement. If Consultant or any of its employees or independent contractors become an employee of BC Hydro at any time, BC Hydro shall not recognize any portion of their service as a consultant or independent contractor for BC Hydro employment purposes (Including BC Hydro pension or benefit programs).

9.

Personnel

and

Representatives

Consultant shall assign to the Services persons who are qualified and experienced in the Services to be performed by them, including the following key personnel, if any:

Name and Title/Position:Cam Davis, Managing Director

None of the key personnel may be changed without BC Hydro's prior approval, except for death, disability, termination of employment or personal compassionate reasons or unless so agreed by BC Hydro, such agreement not to be unreasonably withheld. If any of the key personnel are so changed, they shall be replaced with a person approved by Hydro's Representative and at no additional cost to BC Hydro. For the purposes of this Agreement, Hydro's Representative and Consultant's Representative shall be as follows, provided that either party may change its designated representative from time to time by written notice to the other party:

Hydro's Representative: Cindy Verschoor

Social Data Research Survey Ltd. CR# 498723

Agreement. Unless otherwise expressly provided in the Agreement, Consultant shall provide and pay for everything necessary for the complete performance of the Services in accordance with the Agreement and, on request, shall provide details about its plans and method of performing the Services.

3.

Included

Services

Consultant acknowledges that there are functions or tasks that will not be specifically included in the description of the Services but that are customarily included in the performance of services similar to the Services. Consultant agrees that such functions or tasks are implied, and therefore included, in the scope of the Services to the same extent and in the same manner as if those functions or tasks had been specifically described in the Agreement and shall be performed by Consultant as part of the Services.

4.

Submittals

 

(a)

In a timely manner, Consultant shall submit any drawings, showing details of the Services, and any other reports or documents required by the Agreement to BC Hydro (the "Submittals"). BC Hydro or individuals on behalf of BC Hydro may review any Submittals prepared by or on behalf of Consultant or conduct technical reviews of the Work Product. Notwithstanding that Consultant . incorporates changes in the Submittals or Work Product that have been suggested by or on behalf of BC Hydro, Consultant is solely responsible for the content, accuracy and completeness of the Submittals and Work Product. In the event that BC Hydro supplies any drawings or technical information to Consultant, BC Hydro does not guarantee and is not responsible for the content, accuracy or completeness of such drawings or technical information.

(b)

Where, during performance of the Services, Consultant claims that information contained in the BC Hydro supplied drawings or technical information is materially and substantially inaccurate and that such inaccuracy could not have been reasonably discovered based upon:

 

(i)

knowledge which Consultant is required to obtain or is deemed to have obtained under the Agreement; and

(ii)

any other information supplied by BC Hydro,

 

• Consultant shall as soon as possible notify Hydro's Representative in writing and where the correction of such inaccurate information requires a Change, the provisions of clause 5 shall apply.

5 .

C h a n g e s

 

(a) BC Hydro may make a Change in the Services:

(i) by Change Order, signed by Hydro's Representative and Consultant's

Representative. If a Change affects the cost to Consultant of performing the Services or affects the schedule, the Change Order shall specify an adjustment to the schedule and/or the Compensation, as agreed by BC Hydro and Consultant, acting reasonably. (ii) by Change Directive signed by Hydro's Representative, where BC Hydro considers it necessary to proceed with a Change before it has been valued or any extension of the schedule determined. Where Hydro's Representative issues a Change Directive, the impact, if any on the schedule and/or the Compensation shall be determined by Hydro's

Soblal Data Research Survey Ltd. CR# 498723

BG hydro u»

FOR GENERATIONS

Scott Macdonald Manager, Freedom of Information and Privacy 16th Floor Phone: (604)623-3880 Fax: (604) 623-4556

Request Number: 201.20.2014-053 (Individual focus group sessions regarding Smart Meters)

09 May 2014

Mr. Bob Mackin

18 -1073 Lynn Valley Road

North Vancouver, BC V7J 1Z6

Dear Mr. Mackin:

Re: Freedom of Information and Protection of Privacy Act ('the Act') — Request for records

I am writing in response to the above-noted request.

The requested record is attached.

Edward van Dam, Manager of Corporate Research, was in attendance for all sessions.

If you have any questions about BC Hydro's handling of your request, please call me. You may also the Office of the Information and Privacy Commissioner for BC ('the OIPC) to review BC Hydro's response by writing to the OIPC at the following address within 30 business days.

Office of the Information and Privacy Commissioner for BC 4th Floor, 947 Fort Street Victoria, B.C. V8V 3K3

British Columbia Hydro and Power Authority, 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 www.bchydro.com

If you ask the OIPC to review BC Hydro's response, please provide the OIPC with a copy of this letter and a copy of your request.

Yours truly,

Scott Macdonald

Attachment

British Columbia Hydro and Power Authority, 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 www.bchydro.com

Research

Objectives

F0R

BG hydro K

GENERATI0NS

• To understand the reasons for not accepting the smart meters (SMs)

• To understand if participants would be willing to change their mind and if so, what would change it.

• To understand what participants valued the most and the least about the benefits of SMs • To test new ways of communicating information • To seek participants' recommendations

SDR Survey Ltd.

Specializing in Social Research & the Environment

M e t h o d o l o g y

F 0 R

BC hydro K g e n e r a t i o n s

• Households that do not yet have smart meters were invited to participate in a focus group. Participants were informed that BCH was sponsoring the groups. Both evening and daytime groups were scheduled.

• Participation was optional.

• Four in-person focus groups were held, two in the Lower Mainland and two in Nanaimo.

• Four online focus groups were also held, two represented Thompson Okanagan residents and another two represented "Other BC" (geographical areas not specifically targeted).

• A mix of ages and genders was included.

• The in-person groups were approximately 2 hours in length and the online sessions were about 1.5 hours in length.

• Total number of participants = 57.

• The views expressed by participants may not necessarily represent the views of all non-installed households.

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SDR

Survey

Ltd.

Specializing in Social Research & the Environment

1

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SMI Focus Groups Results

July 26, 2013

Prepared for:

Edward Van Dam, Manager, Research & Library Services

BC hydro SB

SDR Survey Ltd.

Top

Issues

Facing

BC

Residents?

for

BChydro S

generations

As part of the warm-up, participants were asked what they believed were the top issues facing BC residents, based on what they heard in the news, watched on TV or read about. Few mentioned smart meters in this context.

• Overall, the issue most cited by participants was pipelines, followed

by the economy, and then environment/climate change.

• In the Lower Mainland, the issue most cited was the economy; in Nanaimo and Other parts of BC, pipelines; and in Thompson Okanagan, jobs and the economy.

• Smart meters were cited as an issue by just three participants in total.

SDR Survey Ltd.

Specializing in Social Research & the Environment

BC hydro SB

Top Issues Facing Your Household?

Participants were then asked to record the top issues that directly impacted their households. The purpose of this was to see how the issues differed from issues facing BC residents in general. Again smart meters were raised by only a few.

• Overall, the issue most cited was the increased cost of

living/food, followed by housing costs/real estate prices, and then the economy/jobs.

• Other issues cited by more than one participant included traffic, healthcare, increased taxes, education and rising hydro and other utility rates. Smart meters were cited by four participants. • Issues with household economic impact, rather than broader issues such as pipelines and the environment, more directly affect participants' households.

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Specializing

SDR

in

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Survey

Research

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&

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Environment

M o d e s

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C o m m u n i c a t i o n

F 0 R

BC hydro

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g e n e r a t i o n s

Participants were shown a list of communication methods and asked to record the best way for BC Hydro to communicate with them.

• Overall, direct mail was participants' most preferred mode of communication, followed by email, and then bill inserts.

• Email was the most preferred mode in the Lower Mainland and Nanaimo groups, followed by bill inserts. In the Thompson Okanagan and Other BC groups, direct mail was most preferred, followed by email.

• In all groups, information via social media and the BC Hydro website was the least

preferred mode.

• Some participants expressed concerns about privacy.

• Some participants suggested a call centre dedicated to SM questions, while others wanted less communications.

o

SDR Survey Ltd.

Specializing in Social Research & the Environment

Source of Information for Smart Meters BChydro K

FOR GENERATIONS

Participants were asked where they obtained much of their information on smart meters that helped them form an opinion.

• Participants cited mainstream TV news and newspapers, as well as alternative press and natural health documentaries, online chat rooms, social media, and selected websites.

• Participants said they also received information from friends and neighbours and contacts who had SMs installed in places outside of BC. • Current or former BC Hydro employees or contractors were cited as a source of information by a number of participants.

©

SDR Survey Ltd.

Specializing in Social Research & the Environment

Interaction with BC Hydro Employees BChydro ffl

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F 0 R

G E N E R A T I O N S

Participants were asked to describe their encounters with BC Hydro employees or contractors, in person (visiting their property to discuss SM installation) and/or by telephone.

• Interactions between customers and BC Hydro employees were

generally cordial, according to participants, although a few claimed employees were pushy.

• Participants said employees were persuasive, and that they were told their SM installation was inevitable.

SDR Survey Ltd.

Specializing in Social Research & the Environment

Familiarity

with

Electricity

in

BC

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®

FOR GENERATIONS

Participants were asked if they knew how most power was generated in BC and asked to guess what percentage of power was generated this way (95%). There were also asked to name some hydro dams.

• Participants are reasonably knowledgeable of the electrical

system. • All said "hydroelectric," and many could name one or more dams in different locations around the province.

• Participants guessed an average of 90% of electric power in BC is produced by hydro.

SDR Survey Ltd.

Specializing in Social Research & the Environment

Which

SM

benefit

resonated

most?

for

BChydro

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generations

Participants were asked to review 7 primary benefits of SMs as reported by BC Hydro, and asked to name the most convincing or strongest benefit. In most groups the modernisation benefit was probed further.

• When participants were pressed to choose the strongest benefit, the most cited was "restore power faster in an outage," followed by "keep rates low" and then "support green technologies."

Specializing

SDR Survey Ltd.

in

Social

Research

&

the

Environment

Which

SM

Benefit

resonated

least?

for

BGhydro

generations

Participants were then asked to name the benefits that were least convincing for them.

When participants were pressed to choose a weakest benefit, the most cited was "tools to conserve power" followed by "keep rates low" and "support green technologies." Few chose modernisation as a strong or weak benefit, as they could not make the connection between smart meters and the overall system upgrade. Some agreed that the grid likely needed to be modernised, while others did not.

SDR Survey Ltd.

Specializing in Social Research & the Environment

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What convinced most residents to allow SMs?

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Participants were first asked to guestimate the percentage of BC households that now had a smart meter. Many in each group were astounded by the figure of 96%. In fact, audible gasps were heard in each group. Most participants attempted to explain away this percentage.

• Most participants underestimated the installation rate, with an average guess of 75%.

• A few participants said they believed that it was inevitable that the remaining 4% would have to accept SMs.

SDR

Survey

Ltd.

Specializing in Social Research & the Environment

Who should pay for the impact of not BChgdro S installing the meters?

Some groups were asked to consider the impact on all customers of delaying SM installation, and most were asked who should pay the costs associated with a delay, and if they would pay to keep their current meters.

• Nearly all participants asked said they would not be willing to pay fees to retain their old meters.

• Participants suggested BC Hydro or all customers absorb the costs of maintaining meter readers and other costs associated with a dual system.

• Most participants did not express any concern about how delaying installation might

impact all BCH customers and the grid; their main concern was how the SM might negatively impact them personally.

SDR

Survey

Ltd.

Specializing in Social Research & the Environment

Reaction

to

the

radio-free

meters

SSEoS

The online groups were asked their opinion on a radio-free meter as well as paying the additional cost for these meters.

• Participants were divided on whether or not they would accept or consider

accepting a radio-free smart meter.

• Many were concerned about the costs of this option. They suggested BC

Hydro absorb the costs.

SDR Survey Ltd.

Specializing in Social Research & the Environment

Change

in

their

opinion

F0R

BG hydro

GENERATI0NS

Participants were asked about their willingness to change their views on SMs at the time of recruitment and then again at the end of the focus group. (This was only asked in the Lower Mainland and Thompson Okanagan groups, as no change was sensed amongst the other groups.) They were asked to record their likelihood of changing their opinion,, on a scale of 1 -10, with 10 being very likely to change.

• Nearly all participants asked said they were very unlikely to change their minds.

• Participants recorded an average of 1, and the majority selected 0.

• Participants are steadfast in their opinions, and those who said there was a

possibility of changing them would first require their particular SM concerns addressed by BC Hydro.

SDR

Survey

Ltd.

Specializing in Social Research & the Environment

BC hydro S3

Final Recommendations to BC Hydro F0R GENERATI0NS

All groups were asked to write down their final recommendations to BC Hydro to convince them to have a SM installed.

Many participants asked of BC Hydro for:

• Acknowledgment of customer's "lack of choice"

• Clear communication about rates

• Information on the costs and benefits for customers

• Explanation of the benefits of electrical grid modernisation for the customer

o

SDR

Survey

Ltd.

Specializing in Social Research & the Environment

The Bottom Line: Revisiting the Objectives

BC hydro

FOR GENERATIONS

4. What do participants see

as the consequences for not installing smart meters?

Participants are not at all concerned with the impact of their actions on other customers or the company. They are concerned primarily with how to maintain their beliefs without being penalized for doing so through user fees, increased rates, etc.

5. Are participants

interested in the radio-free smart meter option?

Participants are divided on the radio-free option. Those with health concerns are most interested, while others are skeptical that it will cost them more. Some would still prefer to retain their old meters.

6. Are participants more

open to changing their minds?

0

Participants are entrenched in their beliefs and not open to changing their minds. Perhaps further communications addressing participants' unique needs could help to convince them.

SDR Survey Ltd.

Specializing in Social Research & the Environment

If you have any questions regarding BC Hydro's handling of your request, please call me. You may also ask the Office of the Information and Privacy Commissioner for BC ('the OIPC) to review BC Hydro's response by writing to the following address within 30 days of your receipt of this letter:

Office of the Information and Privacy Commissioner for BC 4th Floor, 947 Fort Street Victoria, B.C. V8V 3K3

If you ask the OIPC to review BC Hydro's response, please provide the OIPC with a copy of this letter and a copy of your request.

Yours truly,

Scott Macdonald

Attachments

British Columbia Hydro and Power Authority, 333 Dunsmuir Street, Vancouver www.bchydro.com

BG hydro %_*

FOR GENERATIONS

Scott Macdonald Manager, Freedom of Information and Privacy 16th Floor Phone: (604) 623-3880 Fax: (604) 623-4556

Request Number: 201.20.2015-012 (Organization Chart - Northwest Transmission Line Project)

17 June 2014

Mr. Bob Mackin

18 -1073 Lynn Valley Road

North Vancouver, BC V7J 1Z6

Dear Mr. Mackin:

Re: Freedom of Information and Protection of Privacy Act ('the Act') — Request for records

I am writing in response to the above-noted request.

Please find the responsive record attached. BC Hydro does not have a record responsive to the Valard, Bums & McDonnel portion of your request.

Please note that section 14 of the Act permits a public body to withhold information subject to solicitor-client privilege. We have redacted one name in accordance with section 14.

Please note also that section 22 of the Act prohibits the disclosure of information the

22(3)(d) oo/o?/^rex°! of the Which Act presumes wou,d be disclosure an unreasonable of personal invasion information of personal to be privacy. an Section unreasonable invasion of personal information if the personal information relates to employment history. In view of this stipulation, BC Hydro has removed the names of

?! is not nT; considered ^y drS ?eLS°nS to be personal in the chart' information For c,arity' - hence a Pub,ic the disclosure body employee's of BC Hvdro position

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If you ask the OIPC to review BC Hydro's response, please provide the OIPC with a copy of this letter and a copy of your request.

Yours truly,

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Scott Macdonald

Attachments

British Columbia Hydro and Power Authority, 333 Dunsmuir Street, Vancouver, BC, V6B 5R3 www.bchydro.com

BG hydro u*

FOR GENERATIONS

Scott Macdonald Manager, Freedom of Information and Privacy 16th Floor Phone: (604)623-3880 Fax: (604) 623-4556

Request Number: 201.20.2015-011 (Organization Chart - Interior to Lower Mainland Transmission Project)

17 June 2014

Mr. Bob Mackin

18 -1073 Lynn Valley Road

North Vancouver, BC V7J 1Z6

Dear Mr. Mackin:

Re: Freedom of Information and Protection of Privacy Act ('the Act') — Request for records

I am writing in response to the above-noted request.

Please find the responsive records attached.

Please note that section 22 of the Act prohibits the disclosure of information the disclosure of which would be an unreasonable invasion of personal privacy. Section 22(3)(d) of the Act presumes disclosure of personal information to be an unreasonable invasion of personal information if the personal information relates to employment history. In view of this stipulation, BC Hydro has removed the names of all non-BC Hydro persons in the chart. For clarity, a public body employee's position is not considered to be personal information — hence the disclosure of BC Hvdro employee names on the chart.

If you have any questions regarding BC Hydro's handling of your request, please call

BrVipUnWf°

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and

Privacy

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for

w*h within ^nJ 30 days ] ° reV'eW of your receipt BC Hydr°'S of this response letter: ^ writin9 t0 the f0"°wing address

British Columbia Hydro and Power Authority, 333 Dunsmuir Street, Vancouver, BC V6B 5R3

www.bchydro.com

SECTION 22 (continued)

(vi) the date the item was conferred or granted;

(vii)

the period of time the item is valid;

(viii)

the date the item expires, or

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(j) the disclosure, in respect of a discretionary benefit of a financial nature granted to the third party by a public body, not including personal information referred to in subsection (3) (c), reveals any of the following with respect to the benefit:

(i)

the name of the third party to whom the benefit applies;

(ii)

what the benefit grants to the third party;

(iii)

the date the benefit was granted;

(iv)

the period of time the benefit is valid;

(v)

the date the benefit ceases.

(5) On refusing, under this section, to disclose personal information supplied in confidence about an applicant, the head of the public body must give the applicant a summary of the information unless

(a) the summary cannot be prepared without disclosing the identity of a third party

supplied the personal information, or

(b)

with respect to subsection (3) (h), either paragraph (a) of this subsection applies or

the applicant could reasonably be expected to know the identity of the third party who

supplied the personal recommendation or evaluation, character reference or personnel evaluation.

(6) The head of the public body may allow the third party to prepare the summary of personal information under subsection (5).

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FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT EXCEPTIONS TO DISCLOSURE

SECTION 22

Disclosure

harmful

to

personal

privacy

22. (1) The head of a public body must refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's personal privacy.

(2) In determining under subsection (1) or (3) whether a disclosure of personal information constitutes an unreasonable invasion of a third party's personal privacy, the head of a public body must consider all the relevant circumstances, including whether

(a)

the disclosure is desirable for the purpose of subjecting the activities of the government of British Columbia or a public body to public scrutiny,

(b)

the disclosure is likely to promote public health and safety or to promote the protection of the environment,

(c)

the personal information is relevant to a fair determination of the applicant's rights,

(d)

the disclosure will assist in researching or validating the claims, disputes or grievances of aboriginal people,

(e)

the third party will be exposed unfairly to financial or other harm,

(f)

the personal information has been supplied in confidence,

(g)

the personal information is likely to be inaccurate or unreliable, and

(h)

the disclosure may unfairly damage the reputation of any person referred to in the record requested by the applicant, and

(i)

the information is about a deceased person and, if so, whether the length of time the person has been deceased indicates the disclosure is not an unreasonable invasion of the deceased person's personal privacy.

(3) A disclosure of personal information is presumed to be an unreasonable invasion of a third party's personal privacy if

(a)

the

personal

information

relates

to

a

medical,

psychiatric

or

psychological

history,

diagnosis, condition, treatment or evaluation,

 

(b)

the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that the disclosure is necessary to prosecute the violation or to continue the investigation,

(c)

the personal information relates to eligibility for income assistance or social services benefits or to the determination of benefit levels,

(d)

the personal information relates to employment, occupational or educational history,

 

(e)

the personal information was obtained on a tax return or gathered for the purpose of collecting a tax,

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT EXCEPTIONS TO DISCLOSURE

SECTION 14

Legal advice

The head of a public body may refuse to disclose to an applicant information that is subject to solicitor-client privilege.

K e y

F i n d i n g s

F 0 R

G E ° E R A T I 0 N S