Drafting Research Funding Agreements

Innovations in health care are often the result of research and development initiatives. Such initiatives cannot be carried out without funding. Many broader public sector organizations that carry on health-related research in Ontario rely heavily on:

  • partnerships with private sector corporations; and
  • charitable donations from philanthropic individuals and organizations,

to fund their research activities.

If your broader public sector organization receives funds from corporate partners or charitable donors, then you should ensure that the agreements, through which your organization receives such funds, are properly drafted. If not drafted with some forethought, your organization could agree to contractual obligations that conflict with its legislative or regulatory requirements.

For example, a corporate partner that is providing funding to a public hospital for a research initiative may expect that the hospital will utilize the funder’s brand of equipment to carry out the research. However, the purchase of equipment by a public hospital in Ontario must be carried out in compliance with the Broader Public Sector Procurement Directive. A hospital cannot purchase a significant piece of equipment without abiding by fair and transparent procurement processes, unless the procurement falls within an exemption or circumstance of non-application under applicable procurement regulations.

If created with care, a funding agreement could be drafted in a manner that allows a purchasing organization to satisfy conditions imposed on the funds by a funder, while still allowing the purchasing organization to be in compliance with its procurement (and other regulatory) obligations. DDO would be happy to provide advice on options for drafting your organization’s funding agreements.

DDO Health Law Update

June 28, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

The Ontario Legislature has adjourned until October 28, 2019.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

 

Premier’s Council on Improving Healthcare and Ending Hallway Medicine Releases Second Report

Ontario investing in Hospital Infrastructure at SickKids

Government announces Ontario’s First-Ever Digital and Data Task Force, Unveils Second Phase of Data Strategy Consultations

 

Articles of Interest

 

Health Care 

Ford health-care adviser pushes for digital solutions ‘financial incentives’ to hallway medicine

Editorial: Transparency on what doctors bill OHIP informs the health-care debate

Opinion: A threat to the quality of cancer care in Ontario

Health care advisory council report gives Ford government wide berth to move forward with agenda

Less ‘playing with your poop’: Ontario introduces new colon cancer home screening kit

‘Disheartening’ having to issue HIV outbreak warning in Thunder Bay, medical officer of health says

 

Physicians

Revealed: Ontario’s Top 10 highest-billing doctors

They’re Ontario’s top-billing doctors, but for years their identities have been kept secret. Until now.

Patients benefit from insight into doctors’ pay

McMaster medical assistant wins grievance over termination despite “unethical’ drunken sex with student

 

Social Services

Children’s aid workers in Ottawa demand province reverse cuts

Human trafficking survivor says Indigenous women and girls especially at risk

 

Privacy

Ontario’s Information and Privacy Commissioner Calls for Updated Privacy Laws to Prepare for a Digital Ontario

 

Things to do this Weekend

Things to do this weekend in Toronto

Fireworks and festivities: Here’s your guide to Canada Day celebrations in Toronto

Canada Day weekend brings road closures to Toronto

DDO Health Law Update

June 21, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until October 28, 2019.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

Ontario continues to unlock value of world-class health care agencies and redirects health care dollars from administration to direct patient care

Premier Ford Announces Changes to his Cabinet

 

Articles of Interest

 

Ontario Health Teams 

More than 150 groups apply to become OHT as competition for care intensifies

 

Health Care 

Ford government lays off more than 400 workers at Ontario health agencies Wednesday

416 ‘back-office’ workers laid off as Ontario merges health agencies

Champlain LHIN staff among hundreds across Ontario laid off

 

Artificial Intelligence

Ontario Human Rights Commission looking at AI impact on racial profiling

 

Physicians

More doctors are prescribing opioids to prevent their patients from dying of overdoses

Morale among some Ottawa Hospital doctors low amid ‘chaos’ of new records system rollout

 

Privacy

Privacy fears at an all-time high, former Ontario privacy commissioner says

Desjardins says personal info of 2.9 million members shared illegally by employee

Teens have privacy rights, doctor tells inquest into opioid death

 

Things to do this Weekend

50 things to do in Toronto this weekend

Pride Toronto weekend begins, parade to take place on Sunday

Toronto Raptors draw massive crowds to victory parade and rally

DDO Health Law Update

June 14, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

 

The Ontario Legislature has adjourned until October 28, 2019.

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

Ontario ending hallway health care in Etobicoke with hospital expansion

 

Articles of Interest

 

Cannabis

OCS calls out for cannabis edibles, extracts producers

 

Ontario Health Teams 

OHT: Ontario Government rethinking numbers as more than 150 groups vying to deliver care

 

Health Care 

Ontario health minister announces hospital, EMS funding for transport of sick newborns

‘Dramatic’ doubling of teens visiting Ontario ERS with self-harm injuries

‘New 18 now is 28′: How screens delay teens’ emotional maturity

 

Artificial Intelligence

Toronto hospital to use AI, data science to understand mental health

 

Things to do this Weekend

7 big moments from the Raptors’ historic finals win

Reveling in glory of Raptors’ win, fans line up in droves to secure official team gear

DDO Health Law Update

June 7, 2019: A weekly scan of new legislation and regulations important to the Ontario health sector, as well as articles of interest.

 

Bills

Bill 74, the People’s Health Care Act, 2019

Schedule A to Bill 74, the Connecting Care Act, 2019, was proclaimed into force on June 6.

 

Bill 100, Protecting What Matters Most Act (Budget Measures), 2019

 

I reported on this Bill before, but it received royal assent on May 29, 2019. See below for summary as a refresher.

 

This Bill was introduced by Hon. Victor Fedeli, Minister of Finance.

 

The Bill includes 61 schedules, each relating to amendments to a different existing statute. The following schedules might be of interest to the health care community:

Schedule 31 Freedom of Information and Protection of Privacy Act Amendments include data integration, provision for the designation of units within ministries that may collect personal information in order to compile information for among other things the planning for the delivery of programs and services provided, provides for rules governing the collection, use and disclosure of this personal information and the Information and Privacy Commissioner is given the authority to conduct reviews of the units’ practices and procedures.

The grounds on which personal information can be disclosed under Part III of the Act are also amended.
Schedule 53 Public Sector Labour Relations Transition Act, 1997 Section 8 of the Public Sector Labour Relations Transition Act, 1997 is repealed and replaced. The new section 8 provides that the Act applies when two or more health service providers are amalgamated or when all, or substantially all, of the assets of one health service provider are transferred to another health service provider. Rules respecting the application of the Act in those circumstances are also set out. The Lieutenant Governor in Council is given the power to make regulations that provide for transitional matters in connection with the implementation of these amendments, and complementary and consequential amendments are also made.
Schedule 61 Vital Statistics Act The Schedule amends the Vital Statistics Act. Instead of tabling in the Assembly the annual report of registrations under the Act that subsection 3 (5) requires the Registrar General to prepare, the Registrar General is required to publish it in a manner that the Registrar General considers appropriate.
In deciding under subsection 34 (1) to correct an error made in a registration, the Registrar General no longer requires a statutory declaration to supplement evidence of the error. The Schedule adds powers for the Registrar General to make regulations governing the correction of errors in a registration. It also transfers some of the present regulation-making powers of the Lieutenant Governor in Council to the Registrar General.

More Information: Bill 100

 

Proposed and Approved Regulations

 

No new and approved regulations of interest.

 

Ontario Newsroom

 

Ontario Government Protecting What Matters Most

Promises Made, Promises Kept: Ontario’s Government for the People Marks One-Year Anniversary

Ontario government taking a flexible, fair and reasonable approach to managing public sector compensation

 

Articles of Interest

 

Cannabis

How do you sell cannabis vape devices you’re not allowed to show the customer? Turns out it’s hard

Ontario signs new deals to ease cannabis supply crunch

 

Ontario Health Teams 

Updated Timelines for Ontario Health Teams

 

Health Care 

Families of patients with SMA meet with Ontario health minister, hope ‘miracle drug’ will get funded

Unions push back after Ontario moves to cap public-sector wage increases

Ontario government moves to cap pay increases for public service workers

 

Privacy

P.E.I: 1041 dental patients identified in privacy breach

Exclusive: Privacy commissioner suspends consultation following Equifax data breach, says lawyer

 

Professionalism

Disgraced former fertility doctor’s actions now subject to disciplinary hearing

 

Things to do this Weekend

40 things to do in Toronto this weekend

 

 

 

 

Ontario Health Teams – Update on Timelines

The Ministry of Health and Long-Term Care has announced updated timelines for the process by which it will identify the first cohort of Ontario Health Teams. The Ministry has extended the time period for its review of submitted self-assessments. Rather than issuing invitations to submit full applications in early June, as previously expected, the Ministry now anticipates beginning to issue such invitations in early July. The deadline for submitting full applications is correspondingly extended until September of this year.

The Ministry update describing the revised timelines for Ontario Health Teams can be found at the following website: https://mailchi.mp/ontario/june-06-update?e=ca30a798b1.