Research Ethics Board's Operational Policy Framework: Health Canada and Public Health Agency of Canada

Ethics Review of Research Involving Human Subjects

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Issued by: REB Secretariat
Approved by:  Research Ethics Board
Date 1st issued: April 1, 2010

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Organization: Health Canada

Type: Report

Date published: 2016-04-01

1. About This Policy Framework

This Operational Policy Framework of the Research Ethics Board (REB) was approved by the Deputy Minister (DM) of Health and the Chief Public Health Officer (CPHO) of the Public Health Agency of Canada (PHAC) in 2010.  However, since research ethics is a continually evolving subject matter, this Policy Framework may be modified from time to time.  It is the responsibility of all researchers and other readers to ensure that they are using the most recent version.  The Policy Framework should be read in conjunction with the REB's Administrative Procedures Manual which provides important information on the procedures adopted by the REB for reviewing research applications.

2. Authorities

In April 2006, Health Canada and PHAC entered into a Memorandum of Understanding that gave Health Canada's REB the mandate to conduct ethics reviews of PHAC research projects involving human subjects. 

In the Fall of 2009, an agreement was reached between officials from Health Canada and PHAC for the establishment of a joint REB.  On April 1, 2010, the REB will become fully operational as a joint REB for both institutions.   The REB Secretariat will be responsible for managing and communicating with the REB members on all research protocols received for ethics review from both institutions.

2.1 Empowering Authority

The REB derives its legitimacy from authority delegated by the DM and CPHO.  For the sake of transparency, the following information shall be kept public at all times:  the REB's terms of reference, membership, policy framework and administrative procedures.

2.2 Appointment of Members

The DM and CPHO will jointly appoint all REB members and alternate members to the REB, including the Chair. 

2.3 Decisional Authority

The DM and CPHO may delegate their decisional authority functions to a senior official within Health Canada and PHAC respectively, each of whom will be referred to as the “Decisional Authority in Research Ethics” (hereinafter Decisional Authority).

3. Mandate and Scope

3.1 Mandate of the REB

The REB shall serve as an independent Board to help ensure that all proposed or ongoing research involving human subjects carried out by, funded by, or otherwise under the auspices of Health Canada or PHAC, meets the highest ethical standards, and that safeguards are implemented to provide the greatest protection to human subjects. It will make recommendations as to whether research projects should be approved, rejected, modified, or terminated.  The REB shall review applications in accordance with the considerations set forth in the Tri-Council Policy Statement: Ethical Conduct for Research Involving HumansFootnote 1 (TCPS) as the minimum standard.

3.1.1    Definition of Research

For the purposes of this REB, research shall be defined as an activity designed to test a hypothesis, permit conclusions to be drawn and develop or contribute to generalizable knowledge, using scientific methods and standardized protocols. Generalizable knowledge consists of theories, principles or relationships, or the accumulation of information on which they are based, that can be corroborated by accepted scientific methods of observation and inference. In the present context “research” includes both medical and behavioural studies pertaining to human health.

3.1.2    Definition of Human Subjects

The involvement of human subjects is required where progress in medical care and disease prevention depends upon an understanding of physiological and pathological processes or epidemiological findings. The collection, analysis and interpretation of information obtained from research involving human subjects contribute significantly to the improvement of human health. Research involving humans as “research subjects” includes research with

3.2 Scope of the REB

The REB shall review all research involving human subjects as defined above in circumstances where the research is:

Further, such research is subject to REB review whether:

3.3 Situations Where REB Review May be Required

3.3.1 General

Some boundaries between research and non-research activities may be difficult to define.  As a general rule, whenever there is uncertainty as to whether a proposed activity requires REB review (as in the situations outlined below or otherwise), the following offices should be consulted:

3.3.2 Surveillance

Surveillance is often defined as the systematic ongoing collection, analysis and interpretation of health data that is essential to the planning, implementation, and evaluation of public health practice and closely integrated with the timely dissemination of the data to those who need to know. The final link in the surveillance chain is the application of the data to disease prevention and control.  A surveillance system includes a functional capacity for data collection, analysis and dissemination linked to public health programs.  Not all surveillance activities may require an ethics review by the HC and PHAC REB. However, since this determination can only be made on a case-by-case basis, the advice of the REB should be sought.

3.3.3  Supplemental Services

Health Canada and PHAC officers often receive requests to provide analytical services for research projects led by external research teams.  For example a Health Canada or PHAC scientist may be asked to analyze anonymous or anonymized human biological material samples without engaging in their collection. Normally, requests for such supplemental services will require a REB review.  However, the component of the project to be undertaken by Health Canada or PHAC may not require an ethics review/approval by the REB in instances where the following three conditions are met:

In all instances, however, the REB Secretariat or the Public Health Law and Ethics Program should be consulted in all instances.

3.3.4 Quality Assurance

Quality assurance is a system that aims to:

If the project has any element of research (for example, if it uses a novel approach) an ethics review shall be required by the REB.  However, quality assurance that is conducted in a routine or usual manner does not require REB review so long as the following three conditions are met:

3.3.5    Analysis of Publicly Available Data

REB review is generally not required for research involving public policy issues even though these might well involve human subjects.

4. Membership

4.1 Full Membership

The REB will consist of at least nine members. These include the Chair and a Deputy Chair to be named by the Chair.

The REB membership shall include:

These membership requirements are designed to ensure that the REB has the expertise, independence and multidisciplinary background essential for competent research ethics review. The REB should also reflect gender and official language dualities as well as Canada's geographical and ethnic diversity.

Although the REB community representatives may have some knowledge of human subject research as members of the public, their role is to bring a different perspective from that of individuals who work in the field of human research.

4.2 Alternate Membership

Article 1.3 of the TCPS provides that institutions should also consider the nomination of substitute REB members so that Boards are not paralysed by illness among its members or other unforeseen events. The use of alternate members should not, however, alter the membership structure as outlined in this section and in the TCPS.

Alternate membership of the REB shall consist of:

Alternate members shall be invited to REB meetings on a rotational basis. They may participate in the discussion of the research application but may not participate in the final decision of the Board. When a REB member is unable to attend a meeting and an alternate member attends in that member's place, the alternate member may participate fully in the decision-making of the Board.

4.3 Appointment

REB members, alternate members and the REB Chair are appointed by the DM and the CPHO for a three-year term. Their terms of membership may be renewed to ensure the continued availability of qualified members on the REB.

The REB Secretariat shall provide to the REB members and alternate members an orientation guide to Health Canada and PHAC, a description of the responsibilities of the REB, and ongoing training.

5. Roles and Responsibilities

5.1 Decisional Authority

The Decisional Authority of Health Canada or PHAC shall be responsible for the implementation of Health Canada or PHAC's research ethics policy, respectively, and shall have the following responsibilities in particular:

5.2 REB Chair

The REB Chair shall be responsible for the overall management of the REB and its ethics review process. The duties of the Chair shall include:

5.3 REB Members/Alternate Members

REB members, including alternate members, shall work to ensure that all research involving human subjects carried out by, funded by, or otherwise under the auspices of Health Canada or PHAC meets the highest ethical standards and that safeguards are implemented to provide the greatest protection to human subjects, by:

The members shall be made aware of and are expected to comply with the Treasury Board of Canada's Values and Ethics Code for the Public Service, the TCPS, and the REB's own conflict of interest considerations, as outlined in subsection 5.6 below.

5.4 REB Secretariat

The REB Secretariat shall manage all the administrative affairs of the REB and shall be responsible for:

5.5 Confidentiality

All REB members are required to protect any confidential or privileged information submitted to the REB for the members' review at monthly REB meetings, or divulged during the day-to-day operations of the REB. Members must not discuss or divulge this information with persons not sitting on the REB until it has been officially released for public distribution.

Documents leaving the REB meetings must be securely stored at all times and any confidential information provided must be returned or securely destroyed. If any such information is knowingly sent to anyone outside of the REB, the REB Secretariat, the offices of the Decisional Authorities, the Office of Public Health Practice, the Office of the DM, or the office of the CPHO, it will be considered a breach of confidentiality and the member's term with the REB will be automatically terminated.

5.6 Conflict of Interest of REB Members

The expression "conflict of interest" refers to situations in which financial, professional, ideological, or other personal considerations may compromise a member's professional judgment in reviewing research projects. Such conflict could affect the member's impartiality or independence.

To help maintain the independence and integrity of the ethics review, it is of the highest importance that members of the REB avoid actual, apparent, perceived or potential conflicts of interest, and comply with the conflict of interest considerations outlined in section 4.1 of the TCPS.

For example, a conflict of interest for REB members may exist under any of the following circumstances:

A REB member should immediately disclose to the REB Chair and the REB Secretariat any actual, perceived, apparent or potential conflict of interest in regard to a research project. Further, REB members must update their conflict of interest disclosure statements annually, and also as required by a change in circumstances.

5.7 Policy on Indemnification

Pursuant to the Treasury Board's Volunteers Policy, Health Canada/PHAC accept the possibility of the Crown being vicariously liable for the actions of REB members under certain circumstances. However, they also expect members to behave honestly and without malice, exercise due caution, take care of any Crown property entrusted to them, and refrain from any act that could be a cause for disciplinary action if the member were an employee.

Accordingly, it is Health Canada and PHAC policy to:

6. Meeting Requirements

As stated in Article 1.7 of the TCPS, face-to-face meetings are essential for adequate discussion of research proposals and for the collective education of REB members. The HC-PHAC meetings will be held on a monthly basis except during the summer and the calendar of these meetings shall be posted on the REB website so that researchers can plan their research projects accordingly.

The REB may also hold general meetings, retreats and educational workshops in which members can:

Regular attendance by REB members at meetings is important. Members who are frequently absent (i.e. five or more consecutive absences) may be asked to resign by the REB Chair. Special consideration for scheduled absences, i.e. maternal or paternal leave, can be given by the REB.

Researchers may be asked to attend REB meetings to participate in discussions when their research proposals are under review by the REB, but must not be present when the REB makes its final recommendation.

At the REB Chair's discretion, independent consultants with specific expertise in a certain area may be invited to the REB meeting or to provide written comments, subject to the applicable confidentiality agreements.

Recommendations regarding projects requiring full review are made only if a quorum of at least five members exists and if these members possess the range of background and expertise required by the TCPS. Alternate members shall be asked to attend meetings in order to ensure that the required range of expertise and background is available. The Chair, or in his/her absence the Deputy Chair, shall have the final authority to decide whether the quorum has been met.

7. Types of REB Review

7.1 Full review

Research proposals involving human subjects will normally receive a full review by the REB. In particular circumstances, the REB may review applications on an expedited or time sensitive basis, as outlined below.

7.2 Expedited Review

Decisions regarding expedited review are at the discretion of the REB Chair or Deputy Chair, for those categories of research that are confidently expected to involve minimal risk to research subjects. Examples of such categories might include:

7.3 Time Sensitive Review

The REB is guided by Article 2.8 of the TCPS when reviewing research in emergency situations. Where REB review is urgently required due to circumstances beyond the researchers' control, the REB Chair or Deputy Chair may also allow an application to be reviewed on a time-sensitive basis via teleconference in one of the following cases:

8. Elements of the REB Ethics Review

The primary task of the REB lies in the review of research proposals and their supporting documents, with special attention given to the informed consent process, documentation, the suitability and feasibility of the proposed research and protection of privacy and confidentiality. The REB will take into account prior scientific reviews, if any, and the requirements of applicable laws and regulations. The following considerations should be taken into account.

8.1 Scientific Design and Conduct of the Study

8.2 Recruitment of Research Subjects

8.3 Care and Protection of Research Subjects

8.4 Protection of Research Subject's Confidentiality

8.5 Informed Consent Process

8.6 Community Considerations

9. REB Ethics Recommendations

The REB operates on the principle of consensus. All REB ethics recommendations require a strong majority and only members who participate in the review shall participate in making the final recommendation. Furthermore, recommendations shall only be made when:

All REB ethics recommendations shall be communicated in writing to the PI within 15 days of the meeting at which the recommendation is made. Positive recommendations include a statement of the PI's responsibilities, including:

A negative recommendation from the REB shall be supported with reasons.

10. REB Reconsideration and Appeals

10.1 Reconsideration of a Negative Ethics Recommendation

In accordance with Article 1.10 of the TCPS, researchers have the right to request, and the REB has an obligation to provide, a reconsideration of negative recommendations concerning a research project.

Any PI who seeks a reconsideration of a negative recommendation must provide a clear basis for his or her disagreement and a request for reconsideration by the REB. This is to be sent by letter or email to the REB Secretariat within 10 days of receiving notification from the REB of the negative recommendation.

A meeting between the REB and the PI shall be scheduled at the earliest possible REB monthly meeting. At that meeting, the PI shall be invited to further discuss the project with the REB with a view to having the REB reach a decision on the issues that are subject to disagreement, and should bring all relevant documentation that will support the case for reconsideration.

The PI will receive notice from the REB within two weeks of the meeting providing the results of the reconsideration.

10.2 Appeal of a Negative Ethics Recommendation Following Reconsideration

Article 1.11 of the TCPS provides that, in cases when researchers and the REB cannot reach agreement through discussion and reconsideration, an institution should permit review of a REB recommendation by an appeal board, provided that the REB's membership and procedures meet the requirements of the TCPS. No ad hoc appeal boards are permitted.

If an understanding was not reached between the REB and the PI during the reconsideration of the REB's earlier recommendation, the PI can initiate an appeal process within Health Canada/PHAC within 30 days from the date of receiving the notice from the REB providing the results of the reconsideration.

Appeals are not allowed on the grounds that the PI disagrees with the REB on the ethics of the research project. An appeal will only be considered on the grounds of a:

To initiate an appeal process, the PI must send a letter to the Decisional Authority and the REB Secretariat setting out the basis for the appeal and supporting evidence. Upon receipt of the appeal letter, the Decisional Authority will call upon the Appeal Board to meet within two months. The Appeal Board composition shall reflect the expertise profile of the REB, but REB members shall not sit on the Appeal Board.

The Appeal Board can seek assistance from other experts in fields relevant to the appeal. The PI and the REB Chair will be invited to present their evidence to the Appeal Board. The Appeal Board will consider all relevant evidence before advising the Decisional Authority as to whether there was a failure in the REB's ethics review process for the project under appeal. The Decisional Authority will, in turn, advise the Deputy Minister/CPHO.

If the Deputy Minister/CPHO finds that a failure in the ethics review process has occurred, the project will be referred back to the REB for a further ethics review. If he/she does not find a failure in the REB ethics review process, the recommendation made by the REB will stand. The Deputy Minister/CPHO's decision is final and binding on the PI who requested the appeal.

11. Continuing Ethics Review

The REB will review each study that has been the subject of a positive ethics recommendation and received subsequent approval until termination of the research. Approved studies will be reviewed at least annually, though the REB may require more frequent reviews based on the nature, potential risks and planned milestones of a research project. The following shall require follow-up review:

Any decision arising from a follow-up review must be issued and communicated by the Decisional Authority to the PI, indicating a modification, suspension, or termination of the REB's original recommendation, or confirming that the original recommendation is still valid.

12. Annual Report

The REB Chair shall report on an annual basis to the Decisional Authority. This Annual Report shall be made publicly available on the REB website.

13. Documentation and Archiving

All documentation and communication of the REB shall be dated, filed and archived for a minimum period of 15 years following the completion of a study. These include:

The REB Secretariat will maintain these records as specified above and will destroy them in accordance with Library and Archives Canada's Retention and Disposal Standards.

Footnote

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2016-04-01