Annex A—IRB Causality Assessment

The following questions may be considered by IRB Managers when assessing causality.

Details and Documentation

  • Corporate IRB Processes—What are the IRB Contractor's internal processes for IRB advocacy and awareness, across its own corporate family and with its Eligible Parties? Do any documents exist confirming this?
  • Application of Corporate IRB Processes—If internal corporate IRB processes exist, how were they used leading up to this particular activity? Do any documents exist confirming this?
  • Details and Timeline—What are the specific details, timelines, processes and/or context leading to the IRB Contractor's procurement decision with the Canadian recipient? When and how did the IRB obligation factor into the decision-making process? Do any documents exist confirming this?

Direct and Indirect IRB Transactions

  • Direct transactions are causal by their very nature.
  • Indirect transactions require further review.

Early Engagement

  • Has there been any early discussion between the IRB Contractor or its Eligible Parties and IRB officials regarding the business activity, before a decision was made?
  • Has there been discussion between the IRB Contractor, their Eligible Parties, and Regional Development Agency officials regarding the business activity, before a decision was made?

Likelihood of Business Happening Anyway

  • Market share—What is the market share held by an IRB recipient for a particular product or service?
  • Business History—What is the nature, intensity and longevity of any existing business relationship between the IRB Contractor, or Eligible Party, and the IRB Recipient?
  • Intellectual Property—Are there any intellectual property considerations that impact on the IRB Contractor's choice of the IRB recipient?

Other Considerations:

  • Eligible Party—Who is the IRB "donor"? Is it the IRB Contractor or one of its major tier one subcontractors on the project, or a member of the IRB Contractor's corporate family?
  • Competitive or Sole Source—Was the choice of a Canadian recipient the result of a competitive or sole source supplier selection process?
  • Miscellaneous—Are there any unique or special factors that should be considered?
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