Staff Report: NG-911 Agreement Between Langford and CRD

Concurrence:

• Melisa Miles, Manager of Legislative Services
• Donna Petrie, Senior Manager of Communications & Economic Development
• Yari Nielsen, Director of Parks, Recreation and Facilities
• Leah Stohmann, RPP, MCIP, Director of Community Planning and Climate Change
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Director of Legislative & Protective Services
• Braden Hutchins, Deputy Chief Administrative Officer
• Darren Kiedyk, Chief Administrative Officer

Attachments: Bilateral Agreement

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NEXT GENERATION 9-1-1 IMPLEMENTATION AND OPERATION CONTRACT — MUNICIPALITY

THIS AGREEMENT is effective January 31, 2025 (the "Effective Date")

BETWEEN:

Capital Regional District
625 Fisgard Street
Victoria, British Columbia, V8W 1R7
("CRD")

AND:

City of Langford
877 Goldstream Avenue, Second Floor
Langford, British Columbia, V9B 2X8
("Municipality")

(each a "Party", and together, the "Parties")

Background

A. The CRD has the capacity and was given the authority by its Letters Patent dated October 29, 1987 to implement a regional enhanced 9-1-1 emergency telephone system (the "E9-1-1 Service");

B. Pursuant to the Capital Regional District Emergency Response Telephone Extended Service Establishment Bylaw No. 1, 1997, the E9-1-1 Service function was converted to an extended service and the CRD was given the authority to enter into contracts for the provision of all or part of such service;

C. Pursuant to Telecom Regulatory Policy CRTC 2017-182 titled “Next Generation 9-1-1 – Modernizing 9-1-1 networks to meet the public safety needs of Canadians” (“TRP 2017-182”), the legacy 9-1-1 calling system is due to be decommissioned by order of the Canadian Radio-television Commission (“CRTC”), to be replaced by Next Generation 9-1-1 (“NG9-1-1”) system which supports telephone calls, sessions and events (voice, text, video and related data and nonhuman- initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications) sent from the Serving Area to the 3-digit emergency telephone number 9-1-1 and directed to a public safety answering point (“NG9-1-1 Calls”);

D. In light of TRP 2017-182, as part of E9-1-1 Service, the CRD wishes to provide its inhabitants with the NG9-1-1 service (“NG9-1-1 Service”). TELUS Communications Inc. (“TELUS”) is the sole provider of NG9-1-1 Service in British Columbia. In connection with the NG9-1-1 Service, the CRD entered or will imminently enter into an agreement with TELUS (the “TELUS Agreement”);

E. In connection with NG9-1-1 Service, the CRD, in respect to the Electoral Areas, and Capital Region members, in respect to their respective areas, are expected to create, maintain, and deliver certain GIS and MSAG data to TELUS; and

F. By executing this letter agreement, the CRD and the Municipality (the “Parties”) wish to set out their respective rights and obligations in connection with the NG9-1-1 Service.

NOW THEREFORE, in consideration of the premises contained herein, and other consideration (the sufficiency of which is agreed by the Parties), the Parties covenant and agree as follows.

Agreement Clauses (selected / summarized headings preserved)

1. Definitions: Capitalized terms have the same meaning as set out in the TELUS Agreement, except as otherwise expressly defined; “Agreement” means this agreement between the CRD and the Municipality; “Effective Date” means the reference date of this Agreement.

2. Interpretation provisions (singular/plural, include/including, schedules, headings).

3. In respect to the Municipality’s geographical area, each Party will comply with the obligations of that Party as set out in Schedule A to this Agreement.

4. During the Term, the Municipality will deliver to the CRD information, records, and documents as the CRD may reasonably require to confirm compliance by the Municipality with this Agreement, including Schedule A. The Municipality acknowledges that the CRD requires this information to ensure the CRD’s compliance with the TELUS Agreement.

5. Term: The term commences on the Effective Date and will continue until the TELUS Agreement expires or is terminated.

6. Subject to prior approval of TELUS, the CRD agrees that the Municipality may contact and deal directly with TELUS with respect to matters associated with GIS Data, GIS, and MSAG in the Municipality’s area. Promptly following execution of this Agreement, the CRD will deliver to TELUS written confirmation of the authority granted to the Municipality pursuant to this section 6.

7. Assignment restrictions: Neither Party will have the right to assign or transfer interests in the Agreement without the prior written consent of the other Party.

8. Notices: Any notice will be in writing and delivered personally or by electronic means to the addresses listed below or such other address as either Party may indicate.

Notices:

• CRD: Capital Regional District, 625 Fisgard Street, Victoria, BC V8W 2S6
  Attention: Kevin Lorette, General Manager, Planning and Protective Services
  Email: klorette@crd.bc.ca

• The Municipality: City of Langford, 877 Goldstream Avenue, Second Floor, Langford, BC V9B 2X8
  Attention: Marie Watmough, Director of Corporate Services
  Email: mwatmough@langford.ca

9. Enurement and binding effect: Agreement binds successors and permitted assigns.

10. Entire agreement: Constitutes the entire agreement and supersedes previous agreements.

11. Severability: Unenforceable provisions will be severed and replaced in good faith.

12. No general waiver from specific waivers.

13. Amendments must be in writing and executed by both Parties.

14. No association/partnership/agency relationship created.

15. Governing law: Province of British Columbia and applicable Canadian laws; Parties attorn to exclusive jurisdiction of the courts of British Columbia.

16. Time is of the essence.

17. Execution may be electronic and in counterparts.

18. Schedule A is attached and forms part of this Agreement.

IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective Date.

CAPITAL REGIONAL DISTRICT

Ted Robbins
Chief Administrative Officer

MUNICIPALITY

[signature blocks not reproduced]

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Schedule A

1. The Municipality confirms it has had the opportunity to review the TELUS Agreement and has received a copy (attached as Appendix 3 to Schedule A).

2. For reference, the PSAPs designated under the TELUS Agreement to operate in the Serving Area, and the Emergency Service Zones identified in the TELUS Agreement, are reproduced in Appendix 1 to Schedule A. The CRD acknowledges that the Secondary PSAPs that provide dispatch services for the Municipality, as listed in Appendix 1 to this Schedule A, have been designated under the TELUS Agreement at the Municipality’s request.

3. The Municipality will not operate a PSAP, or retain any entity to provide the services of a PSAP, other than a PSAP listed in Appendix 1 to this Schedule A, unless all of the following conditions are fulfilled:

   • (a) the Municipality has taken reasonable steps to confirm that the proposed PSAP is capable of operating in accordance with the requirements of the TELUS Agreement;
   • (b) the Municipality has provided to the CRD a minimum of 120 days’ prior written notice of its intention to operate the PSAP, or to retain the entity named in the notice to provide the PSAP services;
   • (c) the CRD has confirmed to the Municipality in writing that the proposed PSAP has been designated as a PSAP under the TELUS Agreement;
   • (d) TELUS has confirmed that the PSAP has been connected to the TELUS NG9-1-1 Network.

4. Following receipt of a notice under section 3(b), the CRD will provide TELUS with written notice of a change in PSAP under the TELUS Agreement. CRD will not unreasonably delay or refuse to effect the requested change in PSAP under the TELUS Agreement. Should TELUS object to the proposed change in PSAP, the CRD shall, if requested by and with the consent and support of the Municipality, continue to make reasonable efforts to advocate for and support the proposed change in PSAP under the TELUS Agreement. Notwithstanding the foregoing, the CRD cannot guarantee that a proposed change in PSAP will be accepted by TELUS.

5. The Municipality acknowledges that if a PSAP is not designated as a PSAP under the TELUS Agreement, or if a PSAP’s operation is not in compliance with the requirements imposed on PSAPs under the TELUS Agreement, TELUS may refuse connecting the PSAP to the TELUS NG9-1-1 Network, or may disconnect the PSAP from the TELUS NG9-1-1 Network, all of which may negatively impact the NG9-1-1 Service.

6. The Municipality acknowledges that under the TELUS NG9-1-1 Tariff (CRTC 21461 Item 1001) (the “Tariff”), TELUS will provide NG9-1-1 Service to the CRD in order to provide End-Users, within the Serving Area, served by Originating Network Providers who have entered into agreements with TELUS with respect to access to NG9-1-1 Service, access to Emergency Services. The Municipality and the CRD both acknowledge that the implementation of NG9-1-1 Service in the Serving Area will require that the CRD, the Municipality, TELUS, and the PSAPs each work in collaboration, within the limits of their respective obligations, resources and authority, to implement NG9-1-1 Service in the Serving Area in the manner described in the Tariff and in this section 6 of Schedule A. The Municipality acknowledges that answering and handling of emergency calls, sessions, and events, along with the emergency response, are not part of the NG9-1-1 Service under the Tariff.

7. The Municipality acknowledges that under the TELUS Agreement the CRD is required to ensure that the PSAPs within the Serving Area operate in accordance with the requirements for PSAP operations stated in the TELUS Agreement (collectively “PSAP Requirements”). Accordingly, where the Municipality operates a PSAP or contracts with a PSAP for services to the Municipality, the Municipality will take all reasonable measures to ensure that the PSAP complies with PSAP Requirements. Such reasonable measures may include, but are not necessarily limited to ensuring that the Municipality’s contract with a PSAP requires the PSAP to comply with PSAP Requirements.

8. The Municipality acknowledges (inter alia) that:

   • (a) as of the Effective Date, in the Serving Area, GIS or MSAG are not defined and established under the applicable provincial legislation, and there is no provincial body that acts as a GIS Data Aggregator. NG9-1-1 Service community stakeholders are currently exploring a coordinated approach to have GIS Data aggregation across the Province of British Columbia; and
   • (b) as set out in section 3.1.5 of the TELUS Agreement, TELUS will receive GIS Data, aggregate GIS Data into a dataset, and maintain the GIS dataset for the Serving Area.

9. As set out in section 4.2 of the TELUS Agreement, the Municipality acknowledges that in cases where NG9-1-1 Calls are delivered to TELUS without complete location information, they may be routed to a default PSAP which may be a default i3 PSAP, designated by the provincial government of British Columbia, or an alternate default PSAP selected and managed by TELUS.

10. As set out in section 4.4 of the TELUS Agreement, in respect of its area, as of and from a date mutually determined by the Municipality, the CRD, and TELUS, which date will reflect the implementation of the GIS functionality within the TELUS NG9-1-1 Network, the readiness of the Municipality, and the CRTC directives on the GIS functionality for NG9-1-1 Service, the Municipality will:

• (a) maintain Civic Location GIS Data;
• (b) provide Civic Location GIS Data maintained by the Municipality directly to TELUS in a secure manner without transiting through any shared open platform, the technical details of the manner of transiting to be provided by TELUS in advance of GIS functionality implementation;
• (c) when required by TELUS, associate Civic Location GIS Data maintained by the Municipality with Emergency Service Zones;
• (d) inform TELUS of changes in the Civic Location GIS Data maintained by the Municipality. Changes in that data must be reported to TELUS as soon as possible;
• (e) correct discrepancies and errors with submitted Civic Location GIS Data, as reported by TELUS, as soon as possible after receiving from TELUS a Discrepancy Report identifying the discrepancy/error, and resubmit the data to TELUS;
• (f) provide TELUS access to the Municipality’s data file of street names and house number ranges (also known as the Municipality’s Master Service Addressing Guide) until such time as the legacy 9-1-1 network is decommissioned or advised by TELUS that the data file of street names and house number ranges is no longer required; and
• (g) notify TELUS and the CRD in writing, as soon as possible after entering into this Agreement, and subsequently in accordance with section 12 of this Schedule A, if the Municipality intends to have a third party submit to TELUS GIS Data on its behalf.

11. As set out in section 4.5 of the TELUS Agreement, as of the Effective Date:

• (a) the Parties acknowledge that the NG9-1-1 GIS Data Model is in its preliminary stages of implementation in Canada;
• (b) the Municipality acknowledges that in cases where NG9-1-1 Calls are delivered to TELUS without complete location information, they may be routed to a default PSAP;
• (c) the Municipality, in respect to its area, does not manage Civic Location GIS Data for provincial highways. This Civic Location GIS Data is managed by the Province of British Columbia. The Municipality will use reasonable commercial efforts to collaborate with the CRD and the Province of British Columbia, as necessary to facilitate the submission to TELUS of Civic Location GIS Data by the Province on provincial highways; and
• (d) the Municipality, in respect to its area, does not manage Civic Location GIS Data for federal highways, and other types of federal lands (including airport lands and port lands). The Municipality will use reasonable commercial efforts to collaborate with the CRD, the Government of Canada, or its agents, as applicable, and the Province of British Columbia, to facilitate the submission to TELUS by either of the foregoing entities of Civic Location GIS Data on federal lands.

12. The Municipality will provide the CRD a minimum of 120 days’ written notice of an intended change in the Civic Location GIS Data providers, to enable the CRD to provide TELUS with 90 days’ written notice to that effect as required under section 4.6 of the TELUS Agreement.

13. As set out in section 4.7 of the TELUS Agreement, the Municipality acknowledges that TELUS will collaborate with the Province of British Columbia to engage directly with First Nation governments in the Serving Area to support the collection and aggregation of GIS Data on the First Nation Lands. The Municipality will assist the CRD, TELUS and the Province to identify the First Nation Lands in the Municipality’s area.

14. As set out in section 4.12 of the TELUS Agreement, the Municipality acknowledges that, from time to time, due to unforeseen major outages or planned upgrades, the TELUS network may be impacted and changes to addressing database may be suspended. The Municipality will support the CRD and TELUS, and work cooperatively with the CRD and with TELUS during such events.

15. As set out in section 7.1 of the TELUS Agreement, forthwith after signing this Agreement, the Municipality will deliver to the CRD and to TELUS the Confidential Information Consent Form, signed by an authorized signatory of the Municipality, in the form attached as Appendix 2 to this Schedule A.

16. As set out in section 7.3 of the TELUS Agreement, the Municipality acknowledges that TELUS’ commitment to the protection of personal information is further detailed in the TELUS Business Customer Privacy Policy available at www.telus.com/businessprivacy. TELUS’ provision of the NG9-1-1 Service is subject to this policy. This policy may be updated by TELUS from time to time, provided that all updates must be in compliance with all applicable laws. The amended policy will be posted at the location above. Unless otherwise indicated, the effective date of the amended policy will be the date of posting.

17. As set out in section 7.4 of the TELUS Agreement, the Municipality agrees that any information including any and all written documentation provided by TELUS to the Municipality, directly or through the CRD, pertaining to the design, development, implementation, the operation and the maintenance of the NG9-1-1 Service is confidential, and will be provided only to such persons who have a need to know for the purposes of NG9-1-1 Service. The Municipality will not, and will not permit any of its employees, servants, agents, assignees and/or contractors, to duplicate, reproduce, or otherwise copy any such confidential information for any purpose whatsoever, except as may be required by any such employees, servants, agents, assigns and/or contractors with a need to do so for the purposes of NG9-1-1 Service.

18. The Parties will:

• (a) abide by all applicable federal and provincial legislation with respect to the protection of privacy and confidential information in effect from time to time;
• (b) promptly advise each other of any security incident that involves loss or unauthorized disclosure of confidential or personal information collected and retained pursuant to this Agreement, and cooperatively work to address any such incident;
• (c) promptly assist each other to respond to any information requests which require response pursuant to applicable laws; and
• (d) promptly assist each other in connection with a privacy impact assessment prepared by either Party in connection with the NG9-1-1 Service in the Serving Area.

19. The Municipality will indemnify the CRD against all reasonable claims and expenses (including reasonable legal costs) that the CRD incurs as a result of breach by the Municipality of its obligations under section 17 of this Schedule A, except to the extent resulting from wrongful acts or gross negligence of the CRD, or breach by the CRD of its obligations under this Schedule A.

20. As set out in section 12.2 of the TELUS Agreement, the Municipality acknowledges that TELUS may immediately suspend the entirety or a portion of the NG9-1-1 Service if TELUS has reasonable cause to believe that the CRD’s NG9-1-1 traffic is compromised or otherwise poses a risk to the NG9-1-1 Service or the TELUS NG9-1-1 Network.

21. Dispute resolution process:

• (a) Within 14 days of written notice to the project contacts in section 8 of this Agreement, the contacts will meet and attempt to address the issue through good faith negotiations, acting reasonably;
• (b) Should the Parties be unable to resolve the dispute, within 30 days, the parties’ senior staff, including their respective Chief Administrative Officers, shall meet and attempt to resolve the issue through good faith negotiations, acting reasonably.

22. If the parties are not able to resolve the dispute under discussions in section 21 they may mutually appoint a mediator, sharing the cost, to assist in resolving the dispute.

23. Appendices 1, 2 and 3 are attached to and form part of this Schedule A.

24. Sections 17 and 19 will survive the expiration or the earlier termination of this Agreement.

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Appendix 1 — PSAPs and Emergency Service Zones

PSAP contact information and targeted migration:

ESZ / Community / Municipality / 9-1-1 Answer / Fire / Police

SCHEDULE B
List of NG9-1-1 PSAPs, locations & targeted migration

Schedule B is a current list of PSAPs that provide services to the LGA. Please review and confirm accuracy (initial) of all contracted PSAPs. Post transition changes or updates to Schedule B will be communicated to TELUS via current TELUS operations change process.
PSAP Serving Information
LGA initial ___________________

Appendix 1 continued:

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Appendix 2 — Confidential Information Consent Form

From:
(the “Municipality”)

To:
TELUS COMMUNICATIONS INC. (TELUS)

Re:
NG9-1-1 Service provided by TELUS within the geographic boundaries of Capital Regional District (NG9-1-1 Service)

Date: __________

Unless the Municipality provides express written consent, or disclosure is pursuant to an applicable law, all information provided to TELUS by the Municipality in connection with NG9-1-1 Service, other than the Municipality’s name, address and listed telephone number, is confidential and may not be disclosed by TELUS to anyone other than:

(a) The Municipality;
(b) A person who, in the reasonable judgment of TELUS, is seeking the information as an authorized agent of the Municipality;
(c) Another telecommunications company, provided the information is required for the efficient and cost-effective provision of the NG9-1-1 Service and disclosure is made on a confidential basis with the information to be used only for that purpose;
(d) An agent retained by TELUS in the collection of payments (if any) lawfully due to TELUS by the Municipality in connection with NG9-1-1 Service, provided the information is required for and is to be used only for that purpose;
(e) Governmental authority or agent of a governmental authority, for emergency public alerting purposes, if the governmental authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of information; and
(f) A TELUS affiliate involved in supplying the CRD and/or the Municipality with the NG9-1-1 Service, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose.

By: _________________________

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Appendix 3 — TELUS Agreement

Appendix 3 (TELUS Agreement) is attached to Schedule A.

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End of document (Agreement and Appendices).