Memorandum of understanding establishing a relationship for research sharing and joint activities between Pipeline Research Council International, Inc. (PRCI) and Canada Energy Regulator (CER)

Memorandum of understanding establishing a relationship for research sharing and joint activities between Pipeline Research Council International, Inc. (PRCI) and Canada Energy Regulator (CER) [PDF 628 KB]

MEMORANDUM OF UNDERSTANDING
ESTABLISHING A RELATIONSHIP FOR
RESEARCH SHARING AND JOINT ACTIVITIES

BETWEEN

PIPELINE RESEARCH COUNCIL INTERNATIONAL, INC. (PRCI) AND CANADA ENERGY REGULATOR (CER)

(THE “PARTICIPANTS”)

Whereas PRCI is an organization, whose mission is to foster an international, industry-wide collaborative community that delivers innovative applied research, and develops the means for stakeholders to leverage/implement the research;

Whereas the CER is a body that regulates federal infrastructure to ensure
the safe and efficient delivery of energy to Canada and the world, protecting the environment, recognizing and respecting the rights of Indigenous Peoples, and providing timely and relevant energy information and analysis;

Whereas PRCI and CER support the advancement of safe and efficient pipeline infrastructure through knowledge sharing, applied research, education, and technological innovation;

Whereas the Participants recognize that international cooperation can help to enhance energy pipeline safety and protection of the environment;

Whereas PRCI and CER desire to enter into a Memorandum of Understanding (“MOU”) to work cooperatively together.

Now, therefore, PRCI and CER enter into this MOU to define a cooperative relationship based on the following terms:

A. Purpose

Following discussions, the Participants wish to formalize a relationship aimed at information and research sharing and joint research collaboration.

B. Forms of Cooperation: Information Sharing

PRCI and CER agree to collaborate and share information through the following initiatives:

  1. Research sharing - PRCI will provide CER with access to up to twenty-five (25) approved (final and published for distribution
    by the PRCI research project team) PRCI research reports per calendar year, for the CER’s internal use only. PRCI will also provide the CER with access to PRCI’s AI search tool Professor PeRCI. Access to PRCI research reports and Professor PeRCI
    will be open to all CER employees.
  2. Collaboration meetings - representatives from PRCI and CER
    will meet at least every six (6) months to discuss ongoing research topics, identify opportunities for collaboration, and exchange updates on pipeline safety and integrity initiatives. Through these meetings, the CER may share staff-level suggestions regarding potential research gaps, based on their technical experience and expertise, identifying, as appropriate, the priority of the potential research, and any publicly available, technical information that base the suggestion (e.g., aggregated incident investigation information).
  3. Point of contact - each organization will designate a Principal to serve as the primary point of contact. All requests for reports will be made through the Principals. The title of the Principal designated for each organization is as follows:
    • CER Principal 
      Vice President, System Operations
      Canada Energy Regulator
      210-517 10 Ave SW
      Calgary AB T2R 0A8
      T: +1 403-464-2984
    • PRCI Principal 
      Executive Director of Knowledge Transfer 
      Pipeline Research Council International 
      4795 Meadow Wood Lane, Suite 135E, Chantilly,
      VA USA 20151 
      T: +1 825 255 7628 
  4. Future Collaboration – Additional forms of cooperation (e.g., joint workshops, research discussions, or knowledge transfer sessions) may be explored with mutual written consent.

C. Intellectual Property

Nothing in this MOU shall serve to waive, modify, or otherwise diminish the intellectual property rights or confidential nature of any information that may be held by each Participant.  To ensure that each Participant’s intellectual property rights are maintained it is agreed that:

  1. The sharing of information between the Participants will be on a case-by-case basis as requested by the Participants and will only involve information found in the approved reports of PRCI, or information from the CER that is otherwise publicly available.  Such information will be provided for limited non-commercial use associated with a specific research or technology project(s).
  2. The Participant providing the information makes no warranty
    or representation, expressed or implied, and shall have no
    liability regarding the accuracy, quality, completeness, timeliness, validity, usefulness, or suitability for any purpose of any of the information provided.
  3. All information will be provided "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of, fitness for a particular purpose, or non-infringement.
  4. Information shared under this MOU is provided for the sole use of those specifically authorized to review the information by the providing Participant and may not be copied or reproduced in any way or circulated to organizations or individuals not specifically authorized by the Participant providing the information. For clarity, PRCI is authorized to share information according to our process for publishing papers.
  5. All current employees of the CER are authorized to access any information shared by PRCI, subject to the provision that the information not be shared externally.
  6. Nothing in the provision of information by PRCI shall be construed as conferring any license under any of PRCI’s, any of their member companies or any of their representatives’ or any third party's intellectual property rights.
  7. Nothing in the provision of information by CER shall be construed as conferring any license by the CER’s, any of their regulated companies or any of their representatives’ or any third party's intellectual property rights
  8. Information sharing will occur through the Principals or their designated representatives who will determine the way in which any information will be disseminated throughout each organization.
  9. The Participants agree to enter into appropriate confidentiality agreements related to the information shared on a case-by-case basis as determined necessary by the Participant providing the information.

D. Term and Termination

This MOU shall be effective upon signature of the duly authorized representatives of each Participant and shall remain in effect indefinitely unless any one of the Participants withdraws from this MOU upon providing written notice to the other Participant ninety (90) days prior to withdrawal. The withdrawing Participant agrees that the intellectual property and sharing limitations provided in this MOU shall remain in full force and effect after its withdrawals. The Participants agree to conduct a formal review of this MOU every five (5) years from the effective date, or sooner if mutually agreed in writing. The purpose of such review shall be to evaluate the continued relevance of the objectives, the effectiveness of collaboration, and any necessary amendments. Unless otherwise amended or terminated in accordance with this section, this MOU shall remain in effect following each review.

E. General

This MOU does not create any financial or funding obligations for either Participant. Any financial commitments or resource contributions shall be made only through separate written agreements as mutually agreed upon by both Participants.

Tracy Sletto, Chief Executive Officer
Canada Energy Regulator

Clifford M. Johnson, President
Pipeline Research Council
International, Inc.

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