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February 6, 2009 - Volume 7, Number 2




Subscribe/Unsubscribe        In this issue                                                    printer friendly
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Archives                     Special Edition
About Gowlings
                                   Smart Grid Report Released - Michael Morrison
News @ Gowlings
Gowlings Named Top Patent
Prosecution and Patent
Contentious Firm of the
Year                         Smart Grid Report Released
                    More
January 2009: General R.J.
Hillier Officially Joins     Science fiction often portrays a future world where devices that don't exist
Gowling Lafleur Henderson    today play an integral part in every day life. A world where citizens would
LLP                          wonder how they ever lived without those devices. What differentiates the
                    More     world of science fiction from the world of reality is that the world of science
January 2009: Gowlings       fiction has no impetus to change while the world of reality works on the
partner Ellen Bessner
discusses Rogue Clients in   premise that necessity is the mother of invention.
National Post's Wealthy
Boomer podcast
                             In today's global electricity sector, it is recognized that if we are going to be
                    More
                             able to facilitate the generation, transmission and distribution of power of
                             tomorrow in a way that fosters economic growth and environmental
Editorial Staff              responsibility, our way of operating and interacting with the pieces of the
Executive Editor             power system must change dramatically. It is necessary change; change
                             from a one-way "dumb" grid to an interactive, intelligent smart grid.
Paul Harricks (Toronto)
Editorial Board
                             To foster this change, Ontario's Independent Electricity System Operator
Myron Dzulynsky
(Toronto)                    (IESO) created a 10 member Smart Grid Forum. Members of the Smart Grid
Paul Edwards (Calgary)       Forum are:
Henry Ellis (Vancouver)
Gary Graham
                                   Paul Murphy - President and CEO, Independent Electricity System
(Hamilton)
David Kierans                      Operator - Chair Ontario Smart Grid Forum;
(Montréal)
Ian Macdonald                      Michael Angemeer - President and CEO, Veridian Corporation;
(Toronto)
Michael Morrison                   David Collie - President and CEO, Burlington Hydro;
(Toronto)
Production Staff
                                   Norm Fraser - Chief Operating Officer, Hydro Ottawa Limited;
David Hill
                                   Anthony Haines - President, Toronto Hydro Electric System;
For further information
on any of the items                David McFadden - Chair, Ontario Centres of Excellence;
raised in this issue, you
may       contact   David          Keith Major - Senior Vice President - Property Management, Bentall LP;
McFadden,          Energy
Industry Group Leader,
or one of the members of           Jatin Nathwani - Professor and Ontario Research Chair in Public Policy
the Energy @ Gowlings              for Sustainable Energy Management; Executive Director, Waterloo
editorial board.                   Institute for Sustainable Energy, University of Waterloo;

                                   Paul Shervill - Vice President - Conservation and Sector Development,
                                   Ontario Power Authority; and

                                   Wayne Smith - Vice President - Grid Operations, Hydro One.
The Smart Grid Forum released its report entitled, Enabling Tomorrow's
Electricity System on February 5, 2009. While the report focuses on Ontario,
the contents, conclusions and recommendations have universal application
across Canada.

Many area's of the economy will be affected by a smart grid but the research
and development sector will need to take the lead in the early stages. A
member of the Forum, David McFadden, who serves as Chair of the Ontario
Centres of Excellence and Chair of Gowlings Energy and Infrastructure
Industry Group said that, "We have a clear opportunity to leverage
investments in smart grid technology to promote innovation and create green
jobs." McFadden added, "Research and development in smart grid
technologies coupled with a commitment to a highly skilled workforce can
provide our province with a competitive edge."

What is a Smart Grid?

For many, a smart grid is still a nebulous concept so the first task of the
Smart Grid Forum was to define what is meant by a smart grid. The following
is their description of a smart grid:

      A smart grid is a modern electric system. It uses
      communications, sensors, automation and computers to improve
      the flexibility, security, reliability, efficiency, and safety of the
      electricity system. It offers consumers increased choice by
      facilitating opportunities to control their electricity use and
      respond to electricity price changes by adjusting their
      consumption. A smart grid includes diverse and dispersed energy
      resources and accommodates electric vehicle charging. It
      facilitates connection and integrated operation. In short, it brings
      all elements of the electricity system - production, delivery and
      consumption closer together to improve overall system operation
      for the benefit of consumers and the environment.

      A smart grid is not only information rich, but also has the
      analytic infrastructure, processes and trained individuals
      necessary to integrate and act on information in the very short
      time frames required by the electricity system. It is
      characterized by clear standards, security protection and open
      architecture that allow for continued innovation through the
      development and deployment of new technologies and
      applications by multiple suppliers.
Why Do We Need a Smart Grid?

For Ontario, the impetus behind the advancement of the smart grid has been
the provincial government's:

      Requirement to shut-down Ontario's coal-fired generation;

      Work to create a culture of conservation; and

      Procurement of renewable generation sources to meet future electricity
      needs.

Implementation of these initiatives requires, both transmission and
distribution systems, to accommodate new types of generation, e.g. solar,
wind and biomass, in new locations. Load patterns in the electricity system of
tomorrow will be significantly different than the load patterns that were used
as the basis for creating today's transmission and distribution system.

How Do We Get There?

Ontario has already taken the first step in creating, and realizing the benefits
of, a smart grid by introducing smart meters. The report notes that research
has shown that providing consumers with transparent commodity pricing
together with time-of-use rates can lead to consumption reductions ranging
from 5 to 15 percent.

The province's move to a conservation culture and its renewable generation
initiatives continues the move toward the electricity grid system of tomorrow.
However, without the advanced technologies that enable a smart grid, the full
potential of these initiatives will not be realized. The province, and all
jurisdictions, face challenges in simultaneously incorporating distributed
generation, addressing growth and replacing aging infrastructure while also
maintaining reliability and quality of service. The report notes that simply
adding wires and equipment without intelligence to address growth and the
replacement of aging assets is not a viable option.

What Will We Need?

While there is a clear definition of what a smart grid is and what a smart grid
should accomplish, many of the technologies to support that vision are in the
early stages of development. Some of the technologies will advance to
commercialization and for some, the cost of large scale implementation may
be prohibitive. The technologies of the smart grid must communicate with the
technologies of the current grid system. The report notes that, "the challenge
of interoperability, enabling new and existing technologies to exchange
information and work together is substantial." These challenges can be
overcome through innovation, investment and creativity. However, it will also
take clearly defined roles for all potential market players. These roles can be
defined through legislation, regulation or other available means that clarify
authorities, establish requirements or create incentives.

Research will play a key role in the advance of the smart grid. The Ontario
Centres of Excellence (OCE), an independent not-for-profit corporation
established to encourage, fund and promote commercial innovation in Ontario
and Canada, is well-positioned to develop smart grid technologies and
systems. OCE currently has 14 projects underway or in the pipeline that
relate to the development and commercialization of smart grid appliances.

Stakeholder Input

In developing the report, and the subsequent recommendations, members of
the Forum heard presentations from a wide variety of industry stakeholders
and experts on the following topics:

      Smart Grid Vision - The vision of a smart grid and smart grid activities
      in the United States and European Union;

      Consumers - Change in how consumers, utilities, retailers and other
      service providers interact by offering new ways for them to
      communicate and expanding the types of services available to
      consumers;

      Ontario - Ontario distributors', transmitters' and the Independent
      Electricity System Operator's (IESO) current smart grid-related
      activities and future plans;

      Distribution - How the use of advanced sensing, automation and
      communications equipment on the distribution system can improve
      reliability, equipment performance, restoration times and power
      quality;

      Distributed Energy Resources - Energy resources on the distribution
      grid include generation, storage and demand response. Smart grid
      technologies can help maximize the amount of generation that can be
      connected to the system while maintaining safety and service quality.
      Energy storage offers potential benefits such as:

             Delivering energy to meet peak load;

             Providing ancillary services, including regulation and voltage
             support; and

             Allowing for the deferral of distribution investments.

      Micro-Grids - A micro-grid is seen as an integrated solution that meets
      the electricity needs of a group of consumers, such as a
      neighbourhood, a town or a single consumer such as a university;

      Electric Vehicles - Plug-in electric vehicles offer the prospect of reduced
      emissions and lower costs. However, their widespread use will present
      challenges and opportunities for the electricity system. At a local level,
the major challenge involves enabling vehicles to be charged safely
      and conveniently without adversely impacting local distribution
      equipment;

      Standards and Security - Both are vital if the smart grid concept is to
      develop efficiently. Standards are required to allow devices developed
      by different companies for different purposes to interact. Security is
      crucial because grid modernization requires installing large numbers of
      devices that must communicate with essential computer systems.
      Many of these devices will be located in unsecured locations and can
      be potentially accessed by those seeking to penetrate critical utility
      systems; and

      Transmission - The need to incorporate significant quantities of
      variable generation and the development of storage facilities will drive
      increased application of advanced technologies. Transmission systems
      can become more intelligent through the installation of additional
      monitoring which allows better assessment of conditions on
      interconnected systems.

Key Recommendations

The Forum believes that the "rapid development of a smart grid to benefit
electricity consumers and advance environmental initiatives should be the
policy of the Province of Ontario." The following are the key
recommendations of the report:

      The Ministry of Energy and Infrastructure should facilitate the
      development of Ontario's smart grid through legislation, regulation or
      other available means that clarify authorities, establish requirements
      or create incentives for those entities investing in Ontario's electricity
      system to accelerate the deployment or enhance the functioning of
      smart grid technologies;

      Consumers and their designated representatives should have access to
      timely information about their consumption and the price they are
      being charged from a smart meter with two-way communication
      capability;

      Consumers should pay prices that reflect the cost of electricity at
      different times;

      To plan and operate the grid reliably and efficiently, distributors,
      transmitters, the Ontario Energy Board (OEB), the Ontario Power
      Authority (OPA) and the IESO should work together to:

            Develop requirements for and propose sufficient monitoring of
            distribution connected generation, storage and responsive load;

            Determine the authority necessary to direct the operation of
            these facilities, the conditions under which their operation could
            be directed and any compensation that would be provided to a
            facility;

            Propose contractual and pricing arrangements with distribution-
            connected generation, storage, and responsive load that support
            efficient grid operations and are consistent with the operation of
            the wholesale electricity market; and

            Coordinate the development and implementation of grid control
            and information systems to facilitate the above actions.
A task force led by the Ministry of Economic Development, involving
      other relevant Ministries and consisting of representatives from the
      auto sector, electricity sector and universities should be created to
      develop a comprehensive plan for enabling plug-in vehicles. The plan
      would address policy, financial and system impacts of substantial
      electric vehicle penetration; and

      Utilities, the IESO, the OPA, universities and the OCE should conduct
      research and development related to smart girds to advance Ontario's
      leadership position in this area, promote innovation and develop jobs
      in Ontario's green sector. The OCE should facilitate the development of
      a task force to produce a framework for smart grid research in Ontario
      that would include targeted amounts of funding and proposed funding
      mechanisms.

For the development of smart grids to be successful, the Forum believes that
stakeholders must recognize that not all smart grid technologies will deliver
as promised, there will be some false starts and dead ends, and open
standards and integrated approaches are essential to minimizing the risk of
stranded technologies.

Based upon the reams of information available to the Forum, including
presentations from the United States and the European Union, it is clear that
no one jurisdiction is the clear leader in the development of a smart grid
system. Coordination amongst stakeholders, both internal and external to
each jurisdiction, as the idea and concept of a smart grid begin to crystallize
are key to success.

How Much Will This Cost?

The preliminary cost estimate by the Forum is that incremental capital
spending over the initial five years would be $1.6 billion. This cost estimate
covers transmission, distribution and the IESO. The report notes that cost
comparisons to other jurisdictions are not meaningful because each
jurisdiction has a different starting point. For example, the $1.6 billion does
not include smart meters costs since Ontario is already well down the road of
installing smart meters.

Is the Government Supportive of This Initiative?

Within 24 hours of the report being issued, the Premier of Ontario stated that
the province will be introducing new green energy legislation to modernize
the electricity system. He further stated that a smart grid system is essential
to maximizing Ontario's abundant renewable generation. The Premier
estimates that the Green Energy Act will generate 50,000 direct and indirect
jobs over the next three years and will expand Ontario's use of clean and
renewable energy sources such as wind, solar, hydro, biomass and biogas.

The full text of the report may be viewed at the following site:

http://www.ieso.ca/imoweb/marketsandprograms/smart_grid.asp




Michael Morrison
(416) 369-6169
michael.morrison@gowlings.com
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Smart Grid Report Outlines Path to Future Electricity System

  • 1. February 6, 2009 - Volume 7, Number 2 Subscribe/Unsubscribe In this issue printer friendly Feedback Archives Special Edition About Gowlings Smart Grid Report Released - Michael Morrison News @ Gowlings Gowlings Named Top Patent Prosecution and Patent Contentious Firm of the Year Smart Grid Report Released More January 2009: General R.J. Hillier Officially Joins Science fiction often portrays a future world where devices that don't exist Gowling Lafleur Henderson today play an integral part in every day life. A world where citizens would LLP wonder how they ever lived without those devices. What differentiates the More world of science fiction from the world of reality is that the world of science January 2009: Gowlings fiction has no impetus to change while the world of reality works on the partner Ellen Bessner discusses Rogue Clients in premise that necessity is the mother of invention. National Post's Wealthy Boomer podcast In today's global electricity sector, it is recognized that if we are going to be More able to facilitate the generation, transmission and distribution of power of tomorrow in a way that fosters economic growth and environmental Editorial Staff responsibility, our way of operating and interacting with the pieces of the Executive Editor power system must change dramatically. It is necessary change; change from a one-way "dumb" grid to an interactive, intelligent smart grid. Paul Harricks (Toronto) Editorial Board To foster this change, Ontario's Independent Electricity System Operator Myron Dzulynsky (Toronto) (IESO) created a 10 member Smart Grid Forum. Members of the Smart Grid Paul Edwards (Calgary) Forum are: Henry Ellis (Vancouver) Gary Graham Paul Murphy - President and CEO, Independent Electricity System (Hamilton) David Kierans Operator - Chair Ontario Smart Grid Forum; (Montréal) Ian Macdonald Michael Angemeer - President and CEO, Veridian Corporation; (Toronto) Michael Morrison David Collie - President and CEO, Burlington Hydro; (Toronto) Production Staff Norm Fraser - Chief Operating Officer, Hydro Ottawa Limited; David Hill Anthony Haines - President, Toronto Hydro Electric System; For further information on any of the items David McFadden - Chair, Ontario Centres of Excellence; raised in this issue, you may contact David Keith Major - Senior Vice President - Property Management, Bentall LP; McFadden, Energy Industry Group Leader, or one of the members of Jatin Nathwani - Professor and Ontario Research Chair in Public Policy the Energy @ Gowlings for Sustainable Energy Management; Executive Director, Waterloo editorial board. Institute for Sustainable Energy, University of Waterloo; Paul Shervill - Vice President - Conservation and Sector Development, Ontario Power Authority; and Wayne Smith - Vice President - Grid Operations, Hydro One.
  • 2. The Smart Grid Forum released its report entitled, Enabling Tomorrow's Electricity System on February 5, 2009. While the report focuses on Ontario, the contents, conclusions and recommendations have universal application across Canada. Many area's of the economy will be affected by a smart grid but the research and development sector will need to take the lead in the early stages. A member of the Forum, David McFadden, who serves as Chair of the Ontario Centres of Excellence and Chair of Gowlings Energy and Infrastructure Industry Group said that, "We have a clear opportunity to leverage investments in smart grid technology to promote innovation and create green jobs." McFadden added, "Research and development in smart grid technologies coupled with a commitment to a highly skilled workforce can provide our province with a competitive edge." What is a Smart Grid? For many, a smart grid is still a nebulous concept so the first task of the Smart Grid Forum was to define what is meant by a smart grid. The following is their description of a smart grid: A smart grid is a modern electric system. It uses communications, sensors, automation and computers to improve the flexibility, security, reliability, efficiency, and safety of the electricity system. It offers consumers increased choice by facilitating opportunities to control their electricity use and respond to electricity price changes by adjusting their consumption. A smart grid includes diverse and dispersed energy resources and accommodates electric vehicle charging. It facilitates connection and integrated operation. In short, it brings all elements of the electricity system - production, delivery and consumption closer together to improve overall system operation for the benefit of consumers and the environment. A smart grid is not only information rich, but also has the analytic infrastructure, processes and trained individuals necessary to integrate and act on information in the very short time frames required by the electricity system. It is characterized by clear standards, security protection and open architecture that allow for continued innovation through the development and deployment of new technologies and applications by multiple suppliers.
  • 3. Why Do We Need a Smart Grid? For Ontario, the impetus behind the advancement of the smart grid has been the provincial government's: Requirement to shut-down Ontario's coal-fired generation; Work to create a culture of conservation; and Procurement of renewable generation sources to meet future electricity needs. Implementation of these initiatives requires, both transmission and distribution systems, to accommodate new types of generation, e.g. solar, wind and biomass, in new locations. Load patterns in the electricity system of tomorrow will be significantly different than the load patterns that were used as the basis for creating today's transmission and distribution system. How Do We Get There? Ontario has already taken the first step in creating, and realizing the benefits of, a smart grid by introducing smart meters. The report notes that research has shown that providing consumers with transparent commodity pricing together with time-of-use rates can lead to consumption reductions ranging from 5 to 15 percent. The province's move to a conservation culture and its renewable generation initiatives continues the move toward the electricity grid system of tomorrow. However, without the advanced technologies that enable a smart grid, the full potential of these initiatives will not be realized. The province, and all jurisdictions, face challenges in simultaneously incorporating distributed generation, addressing growth and replacing aging infrastructure while also maintaining reliability and quality of service. The report notes that simply adding wires and equipment without intelligence to address growth and the replacement of aging assets is not a viable option. What Will We Need? While there is a clear definition of what a smart grid is and what a smart grid should accomplish, many of the technologies to support that vision are in the
  • 4. early stages of development. Some of the technologies will advance to commercialization and for some, the cost of large scale implementation may be prohibitive. The technologies of the smart grid must communicate with the technologies of the current grid system. The report notes that, "the challenge of interoperability, enabling new and existing technologies to exchange information and work together is substantial." These challenges can be overcome through innovation, investment and creativity. However, it will also take clearly defined roles for all potential market players. These roles can be defined through legislation, regulation or other available means that clarify authorities, establish requirements or create incentives. Research will play a key role in the advance of the smart grid. The Ontario Centres of Excellence (OCE), an independent not-for-profit corporation established to encourage, fund and promote commercial innovation in Ontario and Canada, is well-positioned to develop smart grid technologies and systems. OCE currently has 14 projects underway or in the pipeline that relate to the development and commercialization of smart grid appliances. Stakeholder Input In developing the report, and the subsequent recommendations, members of the Forum heard presentations from a wide variety of industry stakeholders and experts on the following topics: Smart Grid Vision - The vision of a smart grid and smart grid activities in the United States and European Union; Consumers - Change in how consumers, utilities, retailers and other service providers interact by offering new ways for them to communicate and expanding the types of services available to consumers; Ontario - Ontario distributors', transmitters' and the Independent Electricity System Operator's (IESO) current smart grid-related activities and future plans; Distribution - How the use of advanced sensing, automation and communications equipment on the distribution system can improve reliability, equipment performance, restoration times and power quality; Distributed Energy Resources - Energy resources on the distribution grid include generation, storage and demand response. Smart grid technologies can help maximize the amount of generation that can be connected to the system while maintaining safety and service quality. Energy storage offers potential benefits such as: Delivering energy to meet peak load; Providing ancillary services, including regulation and voltage support; and Allowing for the deferral of distribution investments. Micro-Grids - A micro-grid is seen as an integrated solution that meets the electricity needs of a group of consumers, such as a neighbourhood, a town or a single consumer such as a university; Electric Vehicles - Plug-in electric vehicles offer the prospect of reduced emissions and lower costs. However, their widespread use will present challenges and opportunities for the electricity system. At a local level,
  • 5. the major challenge involves enabling vehicles to be charged safely and conveniently without adversely impacting local distribution equipment; Standards and Security - Both are vital if the smart grid concept is to develop efficiently. Standards are required to allow devices developed by different companies for different purposes to interact. Security is crucial because grid modernization requires installing large numbers of devices that must communicate with essential computer systems. Many of these devices will be located in unsecured locations and can be potentially accessed by those seeking to penetrate critical utility systems; and Transmission - The need to incorporate significant quantities of variable generation and the development of storage facilities will drive increased application of advanced technologies. Transmission systems can become more intelligent through the installation of additional monitoring which allows better assessment of conditions on interconnected systems. Key Recommendations The Forum believes that the "rapid development of a smart grid to benefit electricity consumers and advance environmental initiatives should be the policy of the Province of Ontario." The following are the key recommendations of the report: The Ministry of Energy and Infrastructure should facilitate the development of Ontario's smart grid through legislation, regulation or other available means that clarify authorities, establish requirements or create incentives for those entities investing in Ontario's electricity system to accelerate the deployment or enhance the functioning of smart grid technologies; Consumers and their designated representatives should have access to timely information about their consumption and the price they are being charged from a smart meter with two-way communication capability; Consumers should pay prices that reflect the cost of electricity at different times; To plan and operate the grid reliably and efficiently, distributors, transmitters, the Ontario Energy Board (OEB), the Ontario Power Authority (OPA) and the IESO should work together to: Develop requirements for and propose sufficient monitoring of distribution connected generation, storage and responsive load; Determine the authority necessary to direct the operation of these facilities, the conditions under which their operation could be directed and any compensation that would be provided to a facility; Propose contractual and pricing arrangements with distribution- connected generation, storage, and responsive load that support efficient grid operations and are consistent with the operation of the wholesale electricity market; and Coordinate the development and implementation of grid control and information systems to facilitate the above actions.
  • 6. A task force led by the Ministry of Economic Development, involving other relevant Ministries and consisting of representatives from the auto sector, electricity sector and universities should be created to develop a comprehensive plan for enabling plug-in vehicles. The plan would address policy, financial and system impacts of substantial electric vehicle penetration; and Utilities, the IESO, the OPA, universities and the OCE should conduct research and development related to smart girds to advance Ontario's leadership position in this area, promote innovation and develop jobs in Ontario's green sector. The OCE should facilitate the development of a task force to produce a framework for smart grid research in Ontario that would include targeted amounts of funding and proposed funding mechanisms. For the development of smart grids to be successful, the Forum believes that stakeholders must recognize that not all smart grid technologies will deliver as promised, there will be some false starts and dead ends, and open standards and integrated approaches are essential to minimizing the risk of stranded technologies. Based upon the reams of information available to the Forum, including presentations from the United States and the European Union, it is clear that no one jurisdiction is the clear leader in the development of a smart grid system. Coordination amongst stakeholders, both internal and external to each jurisdiction, as the idea and concept of a smart grid begin to crystallize are key to success. How Much Will This Cost? The preliminary cost estimate by the Forum is that incremental capital spending over the initial five years would be $1.6 billion. This cost estimate covers transmission, distribution and the IESO. The report notes that cost comparisons to other jurisdictions are not meaningful because each jurisdiction has a different starting point. For example, the $1.6 billion does not include smart meters costs since Ontario is already well down the road of installing smart meters. Is the Government Supportive of This Initiative? Within 24 hours of the report being issued, the Premier of Ontario stated that the province will be introducing new green energy legislation to modernize the electricity system. He further stated that a smart grid system is essential to maximizing Ontario's abundant renewable generation. The Premier estimates that the Green Energy Act will generate 50,000 direct and indirect jobs over the next three years and will expand Ontario's use of clean and renewable energy sources such as wind, solar, hydro, biomass and biogas. The full text of the report may be viewed at the following site: http://www.ieso.ca/imoweb/marketsandprograms/smart_grid.asp Michael Morrison (416) 369-6169 michael.morrison@gowlings.com
  • 7. back to top... Energy @ Gowlings is a free publication offered by Gowling Lafleur Henderson LLP. If you have colleagues who may wish to subscribe, please feel free to pass this e-mail along to them. If you wish to subscribe/unsubscribe to any Gowlings newsletter, please visit http://www.gowlings.com/e- form/subscribe.asp and complete our subscription form. By your use of this service you agree to the Terms and Conditions set out at http://www.gowlings.com/resources/newsletterList.asp?intNewsletterTypeId=30. If you do not agree with the Terms and Conditions, please do not use the service. Gowlings and Personal Information - Gowlings respects your privacy. Please see Gowlings' Privacy Policy for more information about how our Firm manages your personal information. Gowlings is an acknowledged leader in business law, technology law, intellectual property and advocacy. Montréal Ottawa Kanata Toronto Hamilton Waterloo Region Calgary Vancouver Moscow London