Subaward Agreement Template for Canada

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Key Requirements PROMPT example:

Subaward Agreement

"I need a Subaward Agreement for a medical research collaboration between University of Toronto (primary recipient) and McMaster University (subrecipient) under a CIHR grant, with work starting March 2025 and involving human subjects research."

What is a Subaward Agreement?

The Subaward Agreement is essential in Canadian research funding ecosystems where collaborative research projects involve multiple institutions. It is used when a primary award recipient needs to formally delegate a portion of their research activities and corresponding funding to another organization. The agreement ensures compliance with Canadian federal and provincial regulations, including research ethics, financial accountability, and intellectual property laws. This document typically includes detailed specifications about the research scope, budget allocations, reporting requirements, and compliance obligations. It's particularly crucial for maintaining transparency in public fund usage and ensuring all parties understand their roles and responsibilities in the research project. The agreement must align with the primary award terms while incorporating specific requirements of Canadian research funding agencies and institutional policies.

What sections should be included in a Subaward Agreement?

1. Parties: Identification of the prime awardee (pass-through entity) and the subrecipient, including full legal names and addresses

2. Background: Context of the prime award, identification of the primary funding agency, and the purpose of the subaward

3. Definitions: Key terms used throughout the agreement, including technical, financial, and administrative terminology

4. Scope of Work: Detailed description of the research/work to be performed by the subrecipient

5. Period of Performance: Start and end dates of the subaward, including any options for extension

6. Financial Provisions: Budget, payment terms, allowable costs, and financial reporting requirements

7. Technical and Financial Reporting: Requirements and schedules for progress reports and financial reports

8. Compliance Requirements: Regulatory compliance obligations, including research ethics and safety requirements

9. Intellectual Property Rights: Ownership and rights to research outputs, publications, and innovations

10. Confidentiality: Protection of confidential information and research data

11. Termination: Conditions and procedures for early termination of the agreement

12. General Provisions: Standard legal terms including governing law, dispute resolution, and amendment procedures

What sections are optional to include in a Subaward Agreement?

1. Equipment: Terms for purchase, ownership, and maintenance of research equipment - include when significant equipment is part of the project

2. International Travel: Requirements and approvals for international travel - include when travel is part of the research activities

3. Student Involvement: Special provisions for student researchers - include when students will be involved in the project

4. Data Management: Specific requirements for data collection, storage, and sharing - include for data-intensive projects

5. Publication Rights: Detailed publication procedures and restrictions - include when publication rights need special attention

6. Export Controls: Compliance with export control regulations - include for technology or materials with export restrictions

7. Human Subjects Research: Special requirements for human subjects research - include when applicable

8. Environmental Health and Safety: Special safety protocols and requirements - include for lab-based or hazardous research

What schedules should be included in a Subaward Agreement?

1. Schedule A - Statement of Work: Detailed technical description of the research to be performed, including methodologies and deliverables

2. Schedule B - Budget and Payment Schedule: Detailed budget breakdown, payment milestones, and financial terms

3. Schedule C - Reporting Requirements: Specific format, content, and timing requirements for technical and financial reports

4. Schedule D - Key Personnel: List of key researchers and their roles in the project

5. Schedule E - Prime Award Terms: Relevant flow-down provisions from the prime award that apply to the subrecipient

6. Appendix 1 - Compliance Certifications: Required institutional certifications and compliance documents

7. Appendix 2 - Insurance Requirements: Specific insurance coverage requirements and certificates

8. Appendix 3 - Data Management Plan: Detailed procedures for data collection, storage, and sharing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Higher Education

Scientific Research

Healthcare Research

Technology Development

Environmental Research

Biotechnology

Pharmaceutical Research

Agricultural Research

Engineering Research

Social Sciences Research

Medical Research

Industrial Research & Development

Relevant Teams

Legal

Research Administration

Finance

Grants Management

Research Compliance

Sponsored Programs

Research Operations

Contract Administration

Research Ethics

Executive Leadership

Relevant Roles

Research Administrator

Grants Manager

Legal Counsel

Principal Investigator

Contract Manager

Finance Director

Research Compliance Officer

Department Head

Vice President of Research

Research Operations Manager

Chief Financial Officer

Research Ethics Coordinator

Sponsored Programs Officer

Industries
Tri-Agency Framework: Responsible Conduct of Research: Federal policy framework governing research funded by Canada's three federal research agencies (CIHR, NSERC, and SSHRC), which sets standards for research conduct and financial management
Financial Administration Act: Federal legislation governing the financial management and accountability of public funds, including requirements for reporting and audit
Canada Labour Code: Federal legislation governing employment standards, though provincial labor laws may apply depending on the institution
Patent Act: Federal legislation governing intellectual property rights and protection for inventions and innovations resulting from funded research
Copyright Act: Federal legislation protecting original works, including research publications and materials
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation governing the collection, use, and disclosure of personal information in research contexts
Income Tax Act: Federal tax legislation governing the treatment of research funding and grants
Competition Act: Federal legislation that may affect collaboration agreements and intellectual property licensing
Provincial Research Institution Acts: Various provincial laws governing research institutions and their ability to enter into agreements (specific to province where institutions are located)
Provincial Freedom of Information and Protection of Privacy Acts: Provincial legislation governing privacy and information access in public institutions
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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