Ethical review and appeal of the REB decision
Researcher(s) that is (are) in disagreement with an REB recommendation or decision, may request a meeting with the manager of the Research Ethics Office (REO) to explain their perspective in regard with the decision rendered (TCPS 2, Article 6.18). This meeting will provide the team an impartial opportunity for discussing their point of view. The REB Chair who is involved in the discussion(s), may uphold, reject or issue modified version of the REB’s decision. The REO will send to the researcher(s) the decision resulting from these discussions as soon as possible.
Every attempt will be made to reach a resolution by this informal route. The researcher and the REB must have fully exhausted the reconsideration process, and the REB must have issued a final decision before the appeal process initiated by submitting a written request to the REO.
According to the TCPS 2 (see Article 6.19), researchers have the right to be heard by a qualified REB and this type of request will only be considered on alleged non respect of Hôpital Montfort REB procedures for example a conflict of interest or when there is significant disagreement over an interpretation. The mechanism to initiate an appeal process is described in the PFN 402B. The form to appeal the REB’s decision must be submitted to the REO within thirty (30) days following the receipt of the decision being disputed. Furthermore, the person will need to justify the grounds underpinning their request. The applicant may submit additional information to the file that had the initial ethics review.
The Appeal Board needs to function impartially and to provide each person involved in the scenario the possibility to express their perspective or an explanation of the reasons for or against the decision on the subject. The appeals request will be reviewed in accordance with the REB procedures (institutional policies, SOP and PFN) as well as the current laws, regulations and regulations that are applicable. The committee may consult specialist with a specific expertise in the domain if it is considered necessary.
The decision rendered by the Appeal Board on behalf of the institution will be final and the decision will bind the researcher(s) responsible for the project. The decision is communicated in writing to the researcher and the REB whose decision was appealed. The file that was constituted will be stored confidentially in the REO.