Host institution/Canadian Cancer Society agreement
In the event that the Principal Investigator (and all others who participate as a result) is awarded a grant (refers to any form of funding to a Host Institution or other recipient) with funds administered by the Canadian Cancer Society Research Institute, including grants awarded by the Canadian Breast Cancer Research Alliance (“CBCRA”), then for value received, the undersigned Host Institution agrees that:
a) Any grant that may be awarded shall be administered in accordance with the Regulations set forth on the Canadian Cancer Society Research Institute website. Grants awarded are made only upon the approval of the Canadian Cancer Society or CBCRA, as applicable. All grants are at all times conditional upon and subject to, availability of funds to the Canadian Cancer Society or CBCRA. In addition, the Canadian Cancer Society or CBCRA reserves the right to terminate, at any time and without cause, any grant.
b) Any proposed clinical investigation involving experimentation in human subjects has been or shall be examined by the appropriate Host Institution(s) committee(s) and found to be acceptable from an ethical point of view in accordance with the TCPS 2 - Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans, published by the Canadian Institutes for Health Research, the Natural Sciences and Engineering Research Council of Canada and the Social Sciences and Humanities Research Council of Canada
c) Any proposed investigation involving the use or creation of human embryonic stem cells has been or shall be examined by the appropriate Host Institution(s) committee(s) and found to be acceptable from an ethical point of view in accordance with any applicable legislation including Bill C-6, An Act Respecting Assisted Human Reproduction and Related Research. The Canadian Cancer Society has endorsed and adopted, and the Host Institution(s) agree to adhere to, the Guidelines set forward by the Canadian Institutes for Health Research, entitled Human Pluripotent Stem Cell Research: Guidelines for CIHR-Funded Research. In addition, the Host Institution(s) agree that any such research shall also have to be approved by other, duly appointed Ethics' Committees or Regulatory Agencies or other sanctioned bodies who will have national oversight on all such human embryonic stem cell research.
d) Any proposed investigation involving the use of experimental animals has been or shall be examined by the appropriate Institutional Animal Care Committee(s) and found to be acceptable as far as the experimental procedures and the continuing care of these animals are concerned, in accordance with the Guide to the Care and Use of Experimental Animals published by the Canadian Council on Animal Care.
e) Any proposed investigation involving the use of biological materials has been or shall be found acceptable by the appropriate Institutional Biohazards Committee(s) and will be conducted under conditions which satisfy the Laboratory Biosafety Guidelines published by the Canadian Institutes of Health Research and Health Canada.
f) The Host Institution(s) within which the research will be conducted maintains or shall develop during the term of any grant a policy on inventions and patents which applies to the Principal Investigator and which does not require the Canadian Cancer Society or CBCRA to assume any responsibility for any costs, expenses or liabilities relating to inventions or patents.
g) The Host Institution(s) accepts responsibility for:
- Investigating possible instances of misconduct in research or scholarship;
- Imposing appropriate sanctions in accordance with their own policies;
- Informing the Canadian Cancer Society or CBCRA of conclusions reached and actions taken, including decisions involving Co-applicants from other institutions where there is more than one institution involved; and
- Any and all actions taken or omitted to be taken by it, or the Principal Investigator as applicable.
The Host Institution agrees that in cases in which misconduct or any other breach of the obligations owed by the Host Institution(s) to the Canadian Cancer Society or CBCRA has occurred, the Canadian Cancer Society or CBCRA may impose its own sanctions as set out in the policy statement on the Canadian Cancer Society Research Institute website or take such other actions as the Canadian Cancer Society or CBCRA may determine.
h) The Host Institution(s) accepts responsibility for issuing a “Statement of Account” on an annual basis, for each grant being administered under its authority.
i) None of the Canadian Cancer Society, the CBCRA, their associates, or their respective directors, officers, agents, members, employees or representatives shall be liable for any loss, injury, damage or any other liabilities whatsoever to persons or property due to or arising out of the said research, either directly or indirectly, whether attributable to negligence or otherwise, including any loss, injury, damage or liabilities to the health or well-being of any research subject or innocent bystander or any loss, injury, damage or any other liability whatsoever to an agent, employee or representative of the Host Institution or Principal Investigator.
The Host Institution agrees to indemnify and save harmless each of the Canadian Cancer Society, the CBCRA, their associates and their respective directors, officers, agents, members, employees and representatives (individually an “Indemnitee”) from and against:
(i) all claims, damages, losses, costs, expenses, liabilities or demands of any nature whatsoever which an Indemnitee sustains (or may sustain) including in respect of or in connection with any claim, action, proceeding or any other circumstance which is alleged, threatened, commenced or prosecuted, for or in respect of any act (or inaction or omission), deed, matter or thing whatsoever, made, done or permitted to be done by the Host Institution(s) directly or indirectly including by the Principal Investigator or any other party, whether attributable to negligence or otherwise arising out of or by virtue of its having granted funds for research to the Host Institution(s), Principal Investigator or the Host Institution(s), in respect of its having acted or omitted to act in connection with such research; and
(ii) all other costs, charges and expenses, including legal fees and expenses on a substantial indemnity basis, whether such costs, charges and expenses relate to the forgoing damages, claims, liabilities, demands or otherwise, which an Indemnitee sustains or incurs in or about or in relation to the research.
j) The person named as the Principal Investigator remains the Principal Investigator on a grant for the duration of the grant unless given express permission by the Canadian Cancer Society/CBCRA.
k) Host Institution(s) shall ensure the Principal Investigator advises all others named and working on the grant of the regulations of the Canadian Cancer Society or CBCRA, including the policies regarding inventions and patents and misconduct.
l) The Canadian Cancer Society will not provide funds to any party which receives concurrent direct or indirect support from the tobacco industry (e.g. manufacturers, the Council for Tobacco Research or the Smokeless Tobacco Council or any other organization that acts on behalf of or is sponsored directly or indirectly by the tobacco industry) for the duration of Canadian Cancer Society funding. The Host Institution(s) acknowledge that “support” includes, but is not limited to, receipt of a research grant or award, a contract for personal or professional services, a consulting agreement (paid or unpaid) or any other direct or indirect benefit, from the tobacco industry.
Host Institution(s) shall ensure that any individual including Principal Investigator and any other investigators actively engaged in Canadian Cancer Society’s funded research does not receive “support” from the tobacco industry, as listed above, for the duration of the funding.
m) The Canadian Cancer Society or CBCRA, as applicable, must be acknowledged for public announcements of a grant, publications or presentations, in the format described in the program description.
Contravention of Canadian Cancer Society or CBCRA policies, as applicable, by the Host Institution(s), Principal Investigator or any others may result in consequences including the immediate termination of a grant, return of any funds already disbursed and the requirement of the Host Institution(s) to compensate the Canadian Cancer Society or CBCRA for any and all costs, expenses and other amounts.
Last modified on: August 22, 2014