A contract is a legally binding set of obligations between two or more parties for a particular purpose. The term “agreement” is broader than “contract” and can include both legally binding commitments and commitments not intended to be legally enforceable.

A research contract or agreement may be required to:

• set out parameters for a particular research project
• protect intellectual property or research information
• provide rights to access research facilities and equipment
• establish a relationship between institutions with mutual research interests.

In most cases research contracts and agreements are initiated by the funder or collaborating institution. Before signing a contract or agreement, the university must be satisfied that the terms and conditions are reasonable and the obligations of the university can be met.

If you’re not sure whether an award is a grant or a contract, contact either Grants staff or Contracts staff – we’ll identify who will take the lead.

We can do a preliminary review and help determine which UVic office should handle the agreement – VPAC, Purchasing, General Counsel, etc.

Under the policy on external research funding agreements, before a contract is signed it must be confirmed that:

• the project has been approved by the chair, dean, and/or centre director
• signoff is obtained if the project will require adjustment to the researchers’ teaching or service commitments
• the research is not secret or classified
• the agreement will benefit UVic and won’t burden UVic infrastructure
• Research Services have negotiated terms that are as favourable as possible and comply with UVic policies, and have obtained any required signatures or other approvals regarding IP or confidentiality provisions
• the principal investigator consents to the contract terms and conditions
• the academic, ethical, and financial interests of all parties, including the public, are considered to be reasonably protected
• any required ethics, safety, or regulatory approvals have been obtained
• all direct and indirect costs have been appropriately included in the budget

The time it takes to confirm these points depends on the complexity of both the contract and project. It helps when researchers get in touch with us early on in discussions about the project. We can identify any potential issues around UVic policies and procedures and try to resolve them before the contract is drafted.

If the agreement's between another party and UVic, the contract has to follow UVic policies and procedures, including the signing authority policy. Under this policy researchers can’t sign research contracts on their own.

When UVic is named in a contract, the obligations in the contract apply not only to the researcher who will be doing the work but also to the university as an institution. Contract terms and conditions that impact the institution as a whole, such as indemnity, liability, insurance, audit, and financial reporting, must be consistent with external constraints such as laws and regulations that UVic is subject to, and also with requirements of internal policies and procedures.

Starting work before a contract has been signed is risky. There’s always a risk that the funding will not materialize as planned, in which case you'll have to find alternate funding to pay people who are working on the project. There are also risks that intellectual property or confidential information won't be properly protected. Starting work before you know the contract terms and conditions creates additional complications because you don’t know what the funder’s requirements are. This can delay the review process as we'll need to determine whether the work done to date is in compliance with the obligations in the contract.

As soon as the contract's been signed by all parties, we'll assign a FAST number. You'll get a copy of the open account memo so you know what FAST number to use.