Legal considerations - Strategic Response Fund

Representations

As part of the application process, you are required to provide the following representations:

• that any person, including any consultant or in-house lobbyist, who lobbies on its behalf to obtain funding under the Strategic Response Fund, and who is required to be registered pursuant to the Lobbying Act, is registered pursuant to the Lobbying Act. For more information on lobbying and the Lobbying Act, consult the Office of the Commissioner of Lobbying of Canada
• that the Applicant has not, and neither has any person on its behalf, engaged or employed any person (other than an employee) for the purposes of obtaining funding from the Strategic Response Fund; and paid, or agreed to pay that person, a commission, contingency or success fee or any other consideration (whether monetary or otherwise) that is dependent upon the Applicant receiving program funding
• that any former public servant, who derives benefit from the Contribution Agreement, will be in compliance with the Values and Ethics Code for the public service, the Values and Ethics Code for the Public Sector, and the Policy on Conflict of Interest and Post-Employment
• that any former public officer holder, who derives benefit from the Contribution Agreement, will be in compliance with the Conflict of Interest Act
• that no member of the House of Commons or Senate will benefit from the Contribution Agreement
• that any contributions from the program is not included in the evaluation of, nor be used for, executive performance pay

International agreements

SRF is administered according to Canada's international agreements. Contributions are not dependent on, in law or in fact, actual or estimated export performance.

Intellectual property

If you apply to SRF, you must ensure that for any intellectual property (IP) your company must either:

• own the background IP
• hold sufficient background IP rights to allow your project's activities to be carried out

Your company must also hold enough rights to allow you to make full use of the benefits from any IP resulting from your project's activities.

It is your company's responsibility to protect any IP resulting from SRF-supported activities.

In your application to SRF, you will be required to provide information about your IP strategy as it relates to your project.

Security of company information

SRF will handle your information in accordance with the requirements of the Privacy Act, the Access to Information Act and other related legislation.

Unless authorized, SRF will not disclose your project information to any party outside of the federal government, other than external partners retained to review technical aspects of your application.

SRF will not disclose your commercially confidential information, except in the following circumstances:

• the company authorizes the release
• the information ceases to be confidential
• Innovation, Science and Economic Development Canada is required to release the information by law
• the Minister of Innovation, Science and Economic Development Canada is required to release the information to an international or internal trade panel because of a dispute in which Canada is a party or a third-party intervener

You must mark any information that is commercially confidential as such in your application.