How Does Obesity Canada Work with Stakeholders?
Obesity Canada collaborates with a wide range of partners, including those in government, local communities, businesses, other charities and individuals.
Our Fund for Obesity Collaboration and Unified Strategies (FOCUS) leverages resources from Canadian leaders in research, business and the public sector to fund our research, education and outreach initiatives. Individual and philanthropic donations also support our work.
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|Policy Number||OC #1 (CON # 2)|
|Date of issue||April 2008|
|Updated||June 2010, November 2012, June 2013; July 2018|
|Issuing Authority||OC Partnership Committee|
|Approved Electronic Vote||July 2018|
As a network, OC does not advocate for specific regulations or approaches to prevention or treatment of obesity, but rather brings together all of the players for constructive dialogue. The network promotes research and knowledge exchange and enables individual members to make informed decisions. We connect organizations across sectors to reduce duplication and increase impact through coherent efforts. We recognize that OC has multiple accountabilities and believe that transparency is essential.
Partnerships are at the core of OC’s strategies. The purpose of this policy is to provide guidance to OC relations with financial partners. This policy will be reviewed every two years or earlier if necessary.
Why we need partnerships
Over 60% of Canadians are currently affected by overweight and obesity, and solutions to prevent and treat obesity are not coordinated. Comprehensive public, private and non-governmental initiatives on obesity prevention and treatment are urgently needed in order to reverse this epidemic. Obesity is a complex issue that requires broad stakeholder engagement. To address the obesity in Canada, OC recognizes that building partnerships between stakeholders such as researchers, government, civil society, the private sector, professional networks, the media and international organizations is essential to addressing the obesity epidemic.
Partnerships can provide additional financial resources for capacity building, knowledge exchange, and networking, but their importance goes far beyond funding. By working with partners, OC can build support for obesity research and action and minimize redundant work.
The objectives of this policy are to:
- Manage risk and protect the integrity and reputation of OC
- Manage duality of interest/conflict of interest;
- Ensure due diligence and proper disclosure; and
- Increase transparency and accountability.
- OC By-Laws
- Treasury Board of Canada Secretariat, Policy on Transfer Payments http://www.tbs-sct.gc.ca/pubs_pol/dcgpubs/tbm_142/ptp1_e.asp
- Networks of Centres of Excellence Program Guide: http://www.nce.gc.ca/comp/programguide_e.htm
- Networks of Centres of Excellence Conflict of Interest Policy Framework: http://www.nce.gc.ca/pubs/fundingagree/annexC-fundagree_e.htm
- Canadian Institutes of Health Research” Ethics Policy on CIHR Partnerships with the For-Profit Private Sector – March 19-2007, Ottawa
OC will enter into agreements with public and private organizations in order to:
- Enhance the impact of OC’s activities (including sponsorships for conferences, workshops, preceptorships, student meetings and research boot camps, public outreach, CONDUIT publications, travel awards, knowledge translation programs, networking opportunities, communications and marketing strategies, etc);
- Increase opportunities for fostering innovations and investments toward cost-effective solutions to prevent, control and treat obesity;
- Increase the accessibility, relevance and use of obesity research;
- Increase national and international recognition of the Network as a major partner in developing obesity research, practice and policy strategies; and,
- Diversify the revenue streams of OC.
Principles to Guide Relationships
When partnering or seeking sponsorship from a public or private organizations, OC will abide by the following principles:
- The relationship shall support OC’s Vision, Mission and Strategic goals.
- The relationship shall not contravene OC’s by-laws or Federal Acts and Regulations.
- OC will not endorse a commercial product or service.
- No relationship shall interfere with the right of OC to enter into any other. OC will remain open to all new partnership opportunities that contribute to effective and innovative obesity strategies and solutions, or funding to support these activities.
It is further stipulated that,
- OC will maintain content control and/or approve the content of all information and health promotion resources resulting from corporate relationships including the use of the OC brand, trademarks and website. OC will use disclaimers on all such information and health promotion resources.
- The partner will have no authority to direct or influence the scientific aspects of OC research, knowledge translation, and communications. OC activities are project based, scientifically sound and not partner specific. In some situations the partner may direct funding to specific OC activities that are consistent with our Vision, Mission and Strategic goals (e.g. Canadian Obesity Summit). A partner will not set any conditions that:
- prevents OC or its members from making inferences from their research and activities;
- interferes with the views of OC and its members to be presented at OC events or other communication mechanisms;
- restricts the dissemination of research results from OC members;
- entails any obligation to support in any way the goals of the partner, except those goals that have been agreed upon in partnership agreements with respect to specific joint activities;
- could result in, through other kinds of coercion, restrictions to OC’s knowledge translation mandate.
- Every relationship will be assessed for potential risks, managed ethically, and with transparency to ensure common understanding and expectations between OC and its multiple accountabilities.
- A partnership agreement will be signed by all partners (Appendix A);
- Partners will receive recognition for funding efforts to address obesity and for the specific initiatives they support;
- OC will use the funds in ways that are appropriate and free from bias;
- No OC policy or initiative will be influenced by our partnerships at any time.
- Every relationship will be operated with managerial transparency, fiscal and public accountability.
- OC will make these partnership policies clear to all partners before accepting funding;
- OC will disclose all sources of recent (five years) and current funding on our website and/or event materials.
- As a general rule, OC’s financial contribution should not exceed that of the private-sector partner.
OC may enter into one-time agreements or multi-year agreements with partners. Partnerships seek to provide corporate, not-for-profit and institutional partners the opportunity to add their voice, insights and energies to a coherent effort to address obesity. Partners may choose to support OC through the Partnership Program, a multi-level sustainability program that supports the efforts of the network. All funding received through this program will be used to support OC’s operational costs aimed at advancing the network’s mission, vision and strategic goals. This type of support is different from specific sponsorships.
For the purpose of the Partnership Program, “a partnership is a formalized working relationship between two or more organizations with separate identities and independent accountabilities and is based on mutual benefit and a clear understanding or agreement that sets out the shared goal and objectives and the terms of the arrangement”.
- Recognize and acknowledge each other’s values and needs;
- Have a relationship of trust and respect built on effective communications;
- Have a commitment to the partnership;
- Work together closely in the planning and implementation of strategies to achieve the goal and objectives;
- Contribute resources (financial and/or in-kind);
- Agree to a fair allocation of risk-taking; and
- Work together to review, evaluate and report on joint activities.
All partnerships are formalized through Partnership Agreements (Appendix A). A written agreement will be created for each public/private relationship made. Each agreement will indicate the length and description of the relationship.
“A collaboration is an interaction between two or more parties guided, as in a partnership, by shared interests. However, unlike a partnership, the parties may not all contribute resources or share equally in the benefits or risk taking. They do, however, agree to share information openly and act cooperatively”. This would include activities such as meetings with health associations, health regions, professional association, research institutions, etc. to share information on activities and identify common issues and interests.
A Sponsorship is a business transaction in which two entities exchange things of value, whether financial, in-kind, or benefits related to visibility/exposure, or publicity. OC, for example, contributes financial support (sponsorships) to obesity and obesity related conferences and receives a range of benefits, including acknowledgement on conference signage and promotional materials. These forms of cooperation are different from contracts, which are an agreement between a contracting authority and a person or firm to provide goods, perform a service, construct a work, or to lease real property. All corporate sponsorships above $35,000 per year will be approved by the OC Board of Directors.
Types of Partners
To achieve its mandate and strategic goals, OC will partner with variety of stakeholders including the public, health charities, professional associations, governments, universities, health organizations, other research agencies, industry and international organizations.
OC mandate is to bridge the gap between researchers and the private sector in order to strengthen research training capacity, support the development of obesity innovations, and contribute to a healthy economy and society. OC will enter into dialogue with all potential private sector partners in a variety of sectors related to the OC mission (food and nutrition, physical activity, pharmaceutical, insurance, surgery and equipment, etc).
Obesity is increasing rapidly around the globe and at a considerably faster rate in developing countries due to globalization factors such economic and nutritional transitions. Many countries are developing national policies, inter-sectoral collaborative platforms, regulations and/or legislations, guidelines, and information initiatives to counteract the obesity epidemic. International bodies, such as the WHO are also developing obesity prevention strategies. The WHO obesity strategy, as an example, calls upon all stakeholders to take action at global, regional and local levels, recognizing that many of the key factors/determinants of obesity cross country borders and have implications for national policies.
OC will also support international research and networking opportunities. The objectives of CON’s international partnership activities are:
- To increase international recognition of Canadian obesity research;
- To facilitate effective international research cooperation ;
- To share innovative technological information needed to maintain Canada’s obesity research community’s competitive edge;, and
- To provide opportunities for Canadian obesity researchers and students to gain international knowledge and intercultural skills necessary to address the global obesity challenge.
THIS AGREEMENT made as of the day of ● day of ●, 20___, between:
OBESITY CANADA INC. / OBESITE CANADA INC., a corporation duly incorporated under the laws of Canada.
OF THE FIRST PART
– and –
[● – insert proper corporate name], a corporation incorporated under the laws of ●●.
OF THE SECOND PART
[● – insert proper legal name], an individual residing at ●●.
OF THE SECOND PART
- Whereas the mission of OC is to act as a catalyst for addressing obesity in Canada and to foster knowledge translation, capacity building, and partnerships among stakeholders so that researchers, health professionals, policy makers and other stakeholders may develop effective solutions to treat, and to prevent obesity.
- And whereas the Partner wishes to make a financial contribution to OC in support of its mission;
- And whereas OC wishes to acknowledge the financial contribution of the Partner in accordance with this agreement;
NOW THEREFORE the parties hereto have agreed as follows:
- Definitions. Capitalized terms have the following meaning ascribed to them:
“Activities” means those activities set out in Schedule “A”
“Agreement” means this cooperation agreement;
“Confidential Information” means all information or material of a party that is of a proprietary or confidential nature, regardless of whether it is identified as proprietary or confidential;
“Contribution” means the monetary amount set out in Schedule “A” and all applicable taxes related thereto;
“Contribution Date” means those dates set out in Schedule “A”;
“Contribution Installment” means the monetary amount calculated after dividing the Contribution by the number of Contribution Dates;
“Services” means the services as more particularly described in Schedule “A”; and
“Term” means the term set out in Schedule “A”;
- Contribution. 1.1 Contribution. In consideration of the terms of this Agreement, the Partner covenants to make the Contribution to OC during the Term in accordance with the terms of this Agreement. The Partner shall transfer the Contribution Installment to OC on the Contribution Dates.
- Recognition for Contribution. 2.1 Contribution Recognition. In recognition of the Contribution, OC shall carry out the Services and arrange the Activities for the benefit of the Partner. OC and the Partner agree that OC shall not carry our any Services or arrange any Activities if the Partner is at that time in breach of this Agreement. 2.2 Website Linkage. OC permits the Partner during the Term to provide a link on the Partner’s website to the website of OC, which permission OC may withdraw at any time in its sole and absolute discretion. 2.3 No Endorsement. OC does not and shall not endorse the Partner or any products, services, or opinions of the Partner as a result of this Agreement.
- Independent Relationship. 3.1 Relationship. OC’s relationship with the Partner is that of separate legal entities and nothing in this Agreement should be construed to create a partnership, joint venture or employer-employee relationship, regardless of the fact that the Partner is called a partner in this Agreement. OC and the Partner do not share profits with one another and this Agreement is not intended to create a partnership of any kind and is not created with a view to profit. The Partner shall be solely responsible for all tax returns and payments required to be filed with or made to any federal, provincial, state or local tax authority with respect to OC’s performance of the Services and arrangement of the Activities and the Partner’s making of the Contribution under this Agreement.
- Representations and Warranties. 4.1 Representation of Partner. The Partner represents and warrants that it has the authority to enter into this Agreement.
- Confidential Information. 5.1 Confidential Information. All Confidential Information supplied by or on behalf of one party, pursuant to this Agreement shall be treated as confidential by the other party and shall be used solely to enable the receiving party to fulfil its obligations under this Agreement. 5.2 Duty Not to Disclose. The parties agree not to disclose Confidential Information and to protect such Confidential Information to a reasonable standard of care. 5.3 Use of Information. The parties shall only allow access to the Confidential Information to their employees who have a strict need to know. The parties shall advise their employees who receive Confidential Information under this Agreement of the confidential nature of such information.
- Trademarks. 6.1 Trademark of OC. The Partner shall not use, reproduce, or display the name of OC or any of its logos, trade names, or trademarks without the prior written consent of OC, which consent the Partner acknowledges OC shall not provide under any circumstance without the parties entering into a separate license agreement. 6.2 Trademark of Partner. The Partner hereby grants to OC a worldwide, irrevocable, royalty-free, paid-up, and non-exclusive license during the Term to use, reproduce, and display the Partner’s trademarks, tradenames, and logos, and OC agrees to enter into a reasonable separate license agreement regarding such license at the request of the Partner.
- Termination. 7.1 Termination for Cause. If either party to this Agreement is in breach of any of its obligations under this Agreement, the other party may give a notice in writing of the breach to the defaulting party and request the latter to remedy it. If the party in breach fails to remedy the breach within five (5) days after the date of written notice, then this Agreement may be terminated immediately by written notice of termination given by the complaining party. 7.2 Remedies for Breach of Agreement. Subject to section 7.1 above, OC and the Partner agree that in the event of a breach by the other party, the non-breaching party shall be entitled to terminate the Agreement without penalty. The provisions of this section 7 shall not be in limitation of, and the parties shall retain, any other right or remedy under this Agreement or at law or in equity that they may have.
- Miscellaneous. 8.1 Assignment. This Agreement may not be assigned or ceded in any manner by OC or the Partner without the prior written consent of the other party. 8.2 Entire agreement and waiver. This Agreement, including all schedules, constitutes all of the agreements between OC and the Partner pertaining to the subject-matter of it and supersedes all prior agreements of the parties. No waiver of any other provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions nor shall the waiver constitute a continuing waiver unless otherwise expressly provided. 8.3 Interpretation. In this Agreement, words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders; and words importing persons include individuals, sole proprietors, corporations, partnerships, trusts and unincorporated associations. Time shall be of this essence in this Agreement. 8.4 Applicable law. This Agreement and all schedules shall be exclusively governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein excluding any conflict of law rules and choice of law rules in Alberta and Canada. 8.5 Severability. The invalidity or unenforceability of any provision or part of any provisions of this Agreement shall not affect the validity or enforceability of any other provision or part thereof, and any such invalid or unenforceable provision or part thereof shall deemed to be separate, severable and distinct. 8.6 Publicity. The Partner shall not publicize the subject-matter of this Agreement in any way without the prior written consent of OC. 8.7 Counterparts. This Agreement may be executed in any number of counterparts. 8.8 Notice. Any notice or document required or permitted to be given to any party hereunder shall be validly given if delivered personally (including by courier service) or mailed by prepaid registered mail to the addressee thereof at the respective addresses set out in Schedule “A”. 8.9 Independent Legal Advice. For the purposes of this Agreement the parties hereto acknowledge and agree that each party has had the opportunity and has been encouraged to obtain independent legal advice regarding the terms and particulars contained in this Agreement, understand the nature and consequences of this Agreement, and are signing this Agreement voluntarily. 8.10 Currency. All references to dollar amounts herein are expressed in terms of lawful money of Canada. 8.11 Language. Upon execution, this Agreement may be translated into the language of any other country provided, however, that in the event of any diversion between the English version and any other version, the English version shall prevail. The parties hereby acknowledge that they have required that the present agreement be drawn up in English. Les parties reconnaissent avoir exigé la rédaction en anglais de la présente convention. 8.12 Amendment of Agreement. No part of this Agreement shall be held to have been changed by any act or knowledge of either party unless done so in writing signed by both parties. 8.13 Successors and Assigns. This agreement shall be binding upon and enure to the benefit of the successors and assigns of both parties and all persons or corporations succeeding to or acquiring the business now carried on by OC or the Partner. 8.14 Schedules. The schedules attached hereto shall form part of this Agreement.
IN WITNESS WHEREOF the parties have hereunto signed this Agreement.
|OBESITY CANADA INC. / OBESITE CANADA INC Per: _________________________Name:Title:
I/We have the authority to bind the Corporation.
|[● – insert corporate name OR ● – insert individual name]Per: _________________________Name:Title:
I/We have the authority to bind the Corporation.
||Partner Level||:||Vision / Ambassador / Associate|
||Contribution in total by for-profit corporations||:||$● [● – insert total amount; delete one of the #2s based on status of Partner]|
|2.||Contribution in total by non-profit organizations, institutions, associations, foundations||:||$● [● – insert total amount; delete one of the #2s based on status of Partner]|
||Contribution Date(s)||:||[● – insert every contribution date over the Term]|
||Contribution Installment||:||[● – insert this amount after referring to its definition]|
||Term||:||[● – insert term]|
||Address of OC||:||●|
||Address of Partner||:||●|