Community Antigen Testing Program Agreement

(the “Agreement”)
BETWEEN:

Saskatchewan Health Authority (“SHA”),

a not-for-profit body corporate continued pursuant to
The Provincial Health Authority Act

-AND-

[LEGAL NAME OF OTHER PARTY] (“Organization”)

1. Purpose

1.1 Organization wishes to conduct non-diagnostic SARS-CoV-2 Antigen testing (“Antigen Testing”)
for asymptomatic screening of its identified ☐ staff, ☐ clients and/or ☐ household members of
qualified professionals (hereinafter, referred to as “Clients”).

1.2 Organization and SHA will work together as described in this Agreement to support
Organization’s testing setup, training, and reporting of de-identified data and presumptive
positive results to the SHA.

2. Term and Termination

2.1 The term of this Agreement shall commence upon the Effective Date and shall expire on March
31, 2022, unless otherwise terminated by the parties in writing.

2.2 Either party may terminate this Agreement at any time and without cause by providing at least
seven (7) calendar day’s prior written notice of termination to the other party. Upon
termination or expiration, the parties will cooperate with one another to provide for a smooth
transition, which may include the return of remaining Sars-CoV-2 Antigen test kits (“Antigen test
kits”) and instrument, if applicable, to SHA.

3. SHA Responsibilities

3.1 All financial costs for administering Antigen testing by Organization will be the sole responsibility
of Organization. SHA’s sole financial contribution is the provision of Antigen test kits to
Organization as outlined in the SHA Community Antigen Testing Program Application Form
marked as Schedule “A”.

3.2 SHA shall provide training material protocols and standard operating procedures, as described in
Article 4 below. SHA shall also provide confirmatory testing to Organization’s Clients at SHA
testing locations, as required.

3.3 SHA has no obligation to provide and makes no guarantees about the availability or volumes of
Antigen test kits that may be provided to Organization. The Antigen test kits provided by SHA to
Organization shall be provided free of charge, on an “as-is” basis. Other than any warranty

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 provided by the manufacturer, SHA disclaims any and all representations, warranties and
conditions, whether express, implied, written or oral, in relation to the Antigen test kits.

4. Organization Responsibilities

4.1 Organization has the following responsibilities:

(a) Ensure Antigen test kits are used only on a non-diagnostic basis for asymptomatic
screening of Clients as permitted pursuant to Subsection 2(d)(ii) of The Medical
Laboratory Licensing Regulations, 1995, and not resold or distributed to any other
organization or person;

(b) Verify every staff member conducting Antigen testing on Clients has successfully
completed SHA’s compulsory training by retaining every staff member’s Certificate of
Completion, and producing copies of the Certificates to SHA upon request;

(c) Compliance with all processes, procedures and protocols outlined in SHA’s compulsory
training, including but not limited to:

i. Compliance with SHA’s safety protocols as provided to Organization by SHA

designed to handle samples for Antigen testing;

ii. Compliance with SHA’s processes as provided to Organization by SHA for the
standard operating procedures in place to perform Antigen testing;

iii. Compliance with SHA’s approved and validated specimen collection methods
recognizing that specimen collection is the sole responsibility of Organization;
and

iv. Collection of a nasopharyngeal swab when an Antigen test is detected as

presumptive positive if an on-site qualified health care provider is available or
direct the Client to attend at a SHA testing location for collection of a
nasopharyngeal swab;

(d) Compliance with SHA’s process as provided to Organization by SHA from time to time
for the submission and reporting of data, which shall include:

i. Direct reporting of results of Antigen testing to Client in a timely manner;

ii. Submission of testing data daily to SHA in aggregate form;

iii. Reporting all positive SARS-CoV-2 Antigen tests as “presumptive positive” to

SHA; and

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 iv. Sending any recollected nasopharyngeal swabs, if applicable, to the nearest
SHA Laboratory location for transport to the St. Paul’s Hospital Laboratory in
Saskatoon or the Roy Romanow Provincial Laboratory in Regina;

(e) Agreement by Organization to allow SHA to do local site visit reviews on request, if
required to inspect, support or audit the quality of collecting, testing and reporting by
Organization.

5. Confidentiality

5.1 The parties acknowledge that information collected, used, and disclosed pursuant to this
Agreement is subject to the confidentiality and disclosure requirements of The Public Health Act,
1994. The parties further agree to be bound by and comply with all applicable provincial privacy
legislation governing the collection, use and disclosure of personal health information as defined
in The Health Information Protect Act (“HIPA”), and personal information as defined in The Local
Authority Freedom of Information and Protection of Privacy Act (“LAFOIP”), or The Freedom of
Information and Protection of Privacy Act (“FOIP”).

5.2 Each party shall only disclose information of the other party to those of its employees or agents
with a need to know such information, and only to the extent they need to know, and who have
agreed in advance to protect and maintain the confidentiality of the information.

5.3 Each party agrees to establish and maintain, and warrants that it has so established, all
procedures as might be necessary in order to ensure the safekeeping of all information including
personal health information collected, used, and disclosed pursuant to this Agreement and to
ensure the information is protected from any unauthorised access, disclosure, use, alteration,
loss or destruction. Such arrangements shall include, without limitation, reasonable technical,
physical and administrative safeguards for storage and destruction of information.

5.4 This section 5 shall survive the expiration or other termination of this Agreement.

6. Insurance

6.1 Each party shall arrange for and maintain in force and effect at its own cost all such insurance
coverage as would be maintained by, and in an amount appropriate for, a prudent operator of a
similar organization. A certificate of insurance shall be provided by one party to the other party
upon request.

7. Liability and Indemnity

7.1 Each party hereby agrees that it shall be responsible and liable for its own acts, omissions,
negligence and willful misconduct arising at any time during the term of or prior to the start
date of the Agreement, including those of its respective directors, officers, employees,
contractors and agents arising out of the implementation of this Agreement.

7.2 Each party shall hereby indemnify and hold harmless the other party and its directors, officers,
employees, agents and contractors, from any and all third party claims for liability, damage, loss,

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 injury, harm, cost or expenses incurred as a result of or arising out of the indemnifying party’s
and/or its employees’ acts, omissions, negligence and/or willful misconduct prior to, or in
respect of the Agreement.

7.3 This section 7 shall survive the expiration or termination of this Agreement.

WHEREAS, in recognition thereof, the SHA and the Organization agree to be bound by the terms and
conditions of this Agreement effective the ___ day of _____, 2021 (the “Effective Date”).

SASKATCHEWAN HEALTH AUTHORITY

Per: ____________________________

Name and Title: Witness

[LEGAL NAME OF OTHER PARTY]

Per: _____________________________

Name and Title: Witness

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 SCHEDULE “A”
to the Community Antigen Testing Program Agreement
between SHA and the Organization

1. SHA Application Form for COVID-19: Community Antigen Testing Program (Test to Protect
Program) provided to SHA by Organization is incorporated into this Agreement as Schedule “A”.

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