Financial and Operations Archives - Secretariat Policies /secretariat/policies/topic/financial-and-operations/ Thu, 07 May 2026 19:53:34 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.10 Supplier Code of Conduct /secretariat/policies/policies/supplier-code-of-conduct/ Thu, 07 May 2026 19:53:34 +0000 /secretariat/policies/?post_type=policies&p=7094 1. Purpose The purpose of this Supplier Code of Conduct is to outline the minimum standards expected of Suppliers who provide goods and/or services to the University. Wherever possible, the University expects that Suppliers will work proactively, towards exceeding industry standards and best practices and encourages their Subcontractors to also meet the standards outlined forthwith. […]

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1. Purpose

The purpose of this Supplier Code of Conduct is to outline the minimum standards expected of Suppliers who provide goods and/or services to the University. Wherever possible, the University expects that Suppliers will work proactively, towards exceeding industry standards and best practices and encourages their Subcontractors to also meet the standards outlined forthwith.

2. Scope and Application

2.1 This Procedure applies to all Suppliers who provide goods and services to the University.

2.2 This Procedure should be read in conjunction with the University’s associated policies, procedures, guidelines and any relevant and applicable legislation, and any other policy that may become applicable and/or relevant.

3. Definitions

For the purposes of this Procedure, the terms

â€Âٳܱè±è±ô¾±±ð°ùâ€� means any individual or business who provides goods and/or services to the University.

â€Âٳܲú³¦´Ç²Ô³Ù°ù²¹³¦³Ù´Ç°ùâ€� means any individual or business who provides goods and/or services to the Supplier in the fulfillment of their business operations.

4. Roles and Responsibilities

4.1 The Vice-President Finance and Administration will be responsible for the implementation of this procedure.

4.2 The Director, Strategic Procurement Services will be responsible for responding to concerns raised by People Managers where a Supplier is believed or discovered to be acting in contravention of this Supplier Code of Conduct.

5. Review

This procedure will be reviewed every 5 years at a minimum. During the review, the procedure will remain in full force and effect.

6. Procedures

6.1 Objectives

The provisions set forth in this Supplier Code of Conduct outline the minimum standards expected of Suppliers who provide goods and/or services to the University. Wherever possible, the University expects that Suppliers will work proactively, towards exceeding industry standards and best practices and encourages their Subcontractors to also meet the standards outlined forthwith.

6.2 Expectation of Suppliers to adopt the Code

Any Supplier who supplies the University with goods and/or services are expected to abide by the tenets of this Supplier Code of Conduct (hereafter Code) at all times. In instances where a Supplier is found to be in breach of or is otherwise non-compliant with this Code, the University may, at its sole discretion, use any measures at its disposal to bring about compliance, including requiring remediation by the Supplier or its subcontractors.
Suppliers are responsible for promoting the values of this Supplier Code of Conduct with their Subcontractors. Suppliers may not, however, advertise or promote in any way that they are compliant with this Code.

6.3 Environmental

Suppliers shall operate in an environmentally responsible and resource-efficient manner in accordance with applicable law, and best practices. Suppliers should, wherever possible, proactively undertake initiatives to promote greater environmental responsibility within their own organization and their Suppliers by:

a. Reduce greenhouse gas consumption – Suppliers shall strive to reduce greenhouse gas emissions wherever possible. Suppliers should develop processes to monitor, measure and evaluate their emissions, and where possible, share their emissions data with the University to contribute to the University’s Net-Zero targets.

b. Reduce waste – Suppliers shall have in place and maintain appropriate provisions to ensure the minimization of plastics and other disposable items, safe handling, storage, reuse or management of waste, wastewater and air emissions that protects the wellbeing of human health and biodiversity.

c. Promote biodiversity and responsible resource management – Natural resources shall be used in an environmentally sustainable way including the avoidance of practices which contribute to deforestation and to refrain from conducting activity in areas that have high biodiversity value.

6.4 Social

Suppliers shall at all times uphold the human rights of employees, communities and vulnerable populations. Suppliers must ensure the following:

a. Human rights – Suppliers shall support human rights conventions and ensure at all times that they are not willfully or passively condoning any human rights abuses. Where an abuse is discovered, Suppliers must notify the University and immediately seek to remedy the abuse.

b. Prohibition of child labour – The University does not tolerate child labour. The University expects Suppliers to abide by, at a minimum, the Fundamental standards of the International Labour Organization’s (ILO). In instances where there are differences between local legislation and the ILO, the higher age shall be followed. In absence of local laws, Suppliers shall abide by the ILO regulations. Where a child worker must be displaced, adult family members should have the opportunity to assume the child’s position to maintain family livelihoods.

c. Prohibit all forms of forced/involuntary/indentured labour – The University does not tolerate forced, involuntary and indentured labour. The University expects Suppliers to abide by, at a minimum, the Fundamental standards of the International Labour Organization’s (ILO). Suppliers shall not use forced, illegal, or prison labour including indentured or bonded labour or any form of compulsory labour to manufacture products. Suppliers shall not recruit or onboard employees in any way that contravenes applicable laws and regulations nor shall Suppliers retain employees’ identity papers or passports.

»å.ÌýPromote supplier diversity – Suppliers shall engage socially and economically different categories of their Subcontractors through inclusive sourcing processes that promote equal opportunities. Suppliers should also encourage the same principles within their human resources in the recruitment and promotion of staff.

6.5 Ethical/Behavioural

Suppliers shall at all times act in good faith, with integrity, in an ethical manner, and in accordance with applicable laws and regulations. Suppliers must abide by the following:

a. Ensure fair wages – Suppliers shall pay employees at least the minimum wages required by local laws and written accounting of hours worked, deductions and regular and overtime wages in a language understood by the worker.

b. Ensure fair competition – Suppliers shall take reasonable actions to ensure healthy competition amongst subcontractors. Suppliers shall not share privileged information, terms and conditions, or bidding strategies, or other information that restricts free and open competition.

c.Ensure occupational health and safety – Suppliers shall ensure that workplaces abide by occupational health and safety standards and promote safe working practices for its employees. Where appropriate, Suppliers shall provide workers with adequate protective clothing and equipment to prevent, as far as can be reasonably practicable, adverse effects to health and safety.

d. Avoid conflicts of interest – Suppliers shall monitor their own conflicts of interest, and, in all dealings with the University, abide by the University’s governing Conflict of Interest policies and regulations.

e. Protect data and sensitive information – Suppliers shall protect the University’s data, including personal information, intellectual property, and sensitive corporate information and take all reasonable measures to prevent the misuse, theft, fraud, and/or improper access to disclosure or usage of the University’s data. Suppliers shall at all times comply with corresponding data protection laws and regulations.

In addition, Suppliers and their subcontractors shall not use the University’s name or logo without express prior written consent of the University.

f. Avoidance of bribery and kickbacks – Suppliers shall not engage in any form of bribery or other benefits of the University’s staff, or family members in an attempt to further influence or attain potential business opportunities with the University.

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Data Governance Policy /secretariat/policies/policies/data-governance-policy/ Thu, 04 Dec 2025 15:25:54 +0000 /secretariat/policies/?post_type=policies&p=6946 1. Purpose 91ÑÇÉ« ("the University") is committed to the effective management and use of Data in support of its academic, research, and administrative activities. This Policy establishes the governing rules, standards, roles, and responsibilities for Data usage at the University, in alignment with the University's Data Governance Framework. It lays the foundation for the […]

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1. Purpose

91ÑÇÉ« ("the University") is committed to the effective management and use of Data in support of its academic, research, and administrative activities.

This Policy establishes the governing rules, standards, roles, and responsibilities for Data usage at the University, in alignment with the University's Data Governance Framework. It lays the foundation for the successful operationalization of the University’s Data and Analytics Strategy and practical aspects of Data Management.

This Policy aims to achieve the following objectives:

1.1. To ensure that Data is recognized as a valuable institutional asset and governed according to established frameworks, policies, and guidelines.

1.2. To establish clear ownership of Data and formalize Data-related roles and responsibilities.

1.3. To promote a culture of responsible and skillful Data use as an integral part of institutional assessment, planning, and management practices.

1.4. To improve Data accessibility and usability across the University to achieve more effective decision-making.

1.5. To enhance Data quality and integration to ensure Data collected and used by the University is accurate and reliable.

1.6. To standardize Data definitions and formats for consistency and accuracy across departments and systems.

1.7. To mitigate Data security risks and privacy concerns.

2. Scope and Application

2.1. This Policy applies to University Employees and any third-party or other University affiliates who are authorized to access Data.

2.2. This Policy applies to the collection, storage, management, utilization and disposal of Data, and to the exchange, transfer, storage, and disclosure of Data between or by individuals, units, departments, or organizations, including external contractors, vendors, partners, or affiliates who access Data pursuant to agreements with the University.

2.3. This Policy covers all Data, regardless of its form, medium, or location, with the exception of Research Data which is managed by other relevant policies and procedures.

2.4. This Policy should be read in conjunction with the University’s associated policies, procedures, guidelines, and any relevant and applicable legislation, and any other policy that may become applicable and/or relevant.

3. Definitions

Data: for the purpose of this Policy, Data refers to Institutional Data, which includes all quantitative and qualitative information that is collected, stored, managed, analyzed, and utilized across various functions and activities of the University. Institutional Data encompasses any Data that is owned, licensed, or otherwise under the control of the University, including University administrative records and information associated with teaching and learning. This Data may appear in multiple formats and states, such as raw, aggregated, processed, analyzed, structured, semi-structured, or unstructured.

Data Asset: any entity comprising of Data from which value may be derived. A Data Asset may be a system or application output file, database, document, dashboard, web page, or another artifact.

Data Domain: a specific category or subject area of Data within the University. It is a broad area of Data that contains a set of similar or related Data Elements, such as student Data, financial Data, and human resources Data.

Data Element: a fundamental unit of information that represents, defines, or records a specific attribute, fact, or concept. A Data Element may be a field in a database, a column in a spreadsheet, or a property in a data object, which individually or collectively contributes to the understanding and interpretation of a Data Asset.

Data Governance: a function that outlines policies, processes, and roles and responsibilities to ensure the effective and ethical management of Data across the University. These standards are articulated in the Data Governance Framework, which outlines a system of decision rights and accountabilities for Data-related processes.

Data Management: a function that creates and implements architectures and processes to manage the full Data lifecycle needs of the University. This includes Data collection, storage, integration, security, quality, and usage to ensure that Data is accurate, accessible, and usable for decision-making and operations.

Data Sharing: the exchange, transfer, or disclosure of Data among different individuals, units, departments, or organizations.
Data Sharing Agreements: formal contracts or documents that stipulate the terms and conditions under which Data is exchanged, transferred, or disclosed.

Data Sub-Domain: a subset or a specific aspect of a Data Domain. It is a smaller, more specific area of Data that is part of a larger Data Domain, such as student profile Data, student advising Data, and student athletics Data.

Employee: any person who performs work or services for the University in exchange for wages.

Metadata: structured, descriptive information about Data Elements and Data Assets that provides context, facilitates understanding, and enables effective management, discovery, and usage of the Data Elements. For example, for a “Student ID� Data Element, the Metadata might include a definition and a validation rule. For Data Assets, like the University’s Student Information System, the Metadata records ownership and creation dates, among other descriptive information.

Principal Data: the identifiers and detailed attributes that describe the core entities of the University. It represents the core information that is essential for the University's operations and decision-making processes. Principal Data includes information about students, alumni, staff, faculty, academic programs and services, organizational and financial structures, and physical space.

Reference Data: the sets of predefined, permissible values or categories that are used within the University’s systems and databases to classify, organize, and ensure the consistency of Data. It provides context and structure to transactional and operational Data, enabling accurate Data interpretation, reporting, and analysis. Reference Data includes country codes, currency codes, and program classification codes.

Research Data: Data produced as a result of research activities. Research data may be experimental, observational, operational, third party, public sector, monitoring, processed, or repurposed. This includes research proposals, publications including articles, conference papers, reviews, books and book chapters, Data sets, laboratory records, patents, and any other documented findings or innovations generated through research efforts.

4. Policy

4.1 Data Ownership

Data generated and collected by the University is an institutional asset that is governed according to established policies and frameworks. Each Data Asset must have a designated Data Trustee and Data Steward who are responsible for ensuring that the Data Asset is accurate, reliable, and relevant to the University's mission and goals.

4.2 Data Quality

a. Data should be accurate, complete, timely, and relevant to the University's needs.

b. Principal and Reference Data must be consistently defined and maintained to ensure the accuracy and integrity of Data throughout the organization.

4.3 Data Definition

Data Elements will be clearly defined to ensure that Data is usable, accurate, and consistently described.

4.4 Data Classification

Data must be classified according to its sensitivity and importance to the University. Classification categories, established in the Information Security Classification Standard, determine the appropriate access, transmission, storage, and destruction of Data.

4.5 Data Access and Sharing

a. Access to Data must be authorized in accordance with the Information Security Classification Standard and be consistent with other relevant university policies and procedures.

b. Data Sharing must be authorized based on operational and strategic needs, ensuring appropriate protection, use, and destruction of shared Data in compliance with applicable laws, regulations, and ethical standards.

c. Data should be securely shared among Employees whose work can benefit from Data availability, across departments, unless restricted by University policies or provincial or federal regulations.

d. Data Sharing Agreements are required where appropriate for sharing Data with external parties and in other special circumstances. These agreements must set standards for the protection, appropriate use, and destruction of shared Data, and must receive approval from the relevant authority.

4.6 Data Retention

Data must be retained only as long as necessary to fulfill its intended purpose, in compliance with the , Information, Privacy and Copyright Office policies and procedures, and legal and regulatory requirements.

4.7 Data Security

Data must be protected against unauthorized access, use, disclosure, alteration, or destruction in accordance with the Information Security Policy and Information Security Classification Procedures.

4.8 Data Privacy

The collection, use, retention, and disposal of Data must be in compliance with the University’s Policy on Access to Information and Protection of Privacy and other legal and regulatory obligations and should adhere to higher education institutions and other best practices where possible.

4.9 Data Ethics

Data will be collected, used, and shared in an ethical manner, consistent with the University's mission, values, applicable ethical standards, and principles.

4.10 Reporting

Reporting mechanisms will track the usage, quality, and security of Data Assets where possible.

4.11 Violations of Data Governance Policy

Any Data User who violates the University’s Data Governance Policy may have their Data access terminated. Violations of applicable statutes or laws may result in disciplinary or legal action.

5. Roles and Responsibilities

The roles outlined below contribute to promoting a culture of Data-informed decision-making at the University and to the operationalization of 91ÑÇɫ’s Data and Analytics Strategy.

5.1 Data Trustee

The Data Trustee is a senior leader accountable for the Data in a specific and bounded Data Domain. Their responsibilities include:

  • Setting strategic direction and governance for Data within their Data Domain in alignment with the Data and Analytics Strategy, ensuring that the University has adequate policies, processes, and practices in place to support its information needs.
  • Overseeing Data Management practices within their Data Domain, including promoting proper access, accuracy, privacy, integrity, security, and availability of the Data.
  • Making decisions about the authoritative sources of Data within their Data Domain.
  • Authorizing Data Sharing Agreements.
  • Approving Data definitions and classifications.
  • Ensuring that their designated Data Stewards and their teams have the necessary Data Management tools and training, and appointing Data Stewards to manage specific Data Sub-Domains.

5.2 Data Steward

The Data Steward is a senior manager responsible for the Data in a specific and bounded Data Sub-Domain. As experts on the Data within their Data Sub-Domains, their responsibilities include:

  • Overseeing and managing the integrity, quality, and relevance of Data Assets, including setting standards for Data collection and validation.
  • Establishing and maintaining procedures for Data Sharing and Data access, including evaluating requests for access to Data in their Data Sub-Domain.
  • Overseeing Data lifecycle procedures, including acquisition, storage, classification, retention, and disposal of Data within their Data Sub-Domain.
  • Leading and approving Data definitions and classifications.
  • Ensuring the proper use of Data within their Data Sub-Domain and providing necessary training and documentation to relevant Data Users.

5.3 Data Custodian

The Data Custodian handles the technical management, Data quality, and security within a specific system. Their responsibilities include:

  •  Implementing Data lifecycle procedures, including the acquisition, storage, classification, retention, and disposal of Data within their system.
  • Maintaining Data quality and integrity within their system.
  • Ensuring consistent application of Data security and privacy considerations within their system, including managing access to Data and ensuring solution designs adhere to security policies and architecture principles.
  • Working with Data Stewards to establish and promote policies, guidelines, and procedures for the responsible management of Data.

5.4 Data User

A Data User is any individual who accesses or uses Data, including Employees, contractors, partners, and affiliates. Their responsibilities include:

  • Using Data only for official University business.
  • Maintaining confidentiality of Data and complying with University policies, guidelines and procedures, and applicable laws, regulations, and ethical standards.
  • Possessing the necessary skills to work with Data effectively and ensuring accurate Data presentation.
  • Consulting Data Stewards for guidance on Data use and reporting any Data security or quality concerns to the appropriate Data Steward.

6. Review

The University will review the Data Governance Policy every two (2) years, or as necessary to ensure compliance with legislation or statutes, or when it is deemed necessary in the best interests of the University. The Chief Data Officer is responsible for initiating and overseeing the review and update process.

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Student Housing Policy /secretariat/policies/policies/student-housing-policy/ Wed, 11 Dec 2024 21:05:18 +0000 /secretariat/policies/?post_type=policies&p=6795 1. Preamble The University’s housing policies and general information about housing options are provided on the University’s Housing website. These resources are easily accessed and often referred to in communications with students. The University provides a diverse range of housing options that align with the institution's size and enrolment levels. The University is committed to […]

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1. Preamble

The University’s housing policies and general information about housing options are provided on the University’s Housing website. These resources are easily accessed and often referred to in communications with students.
The University provides a diverse range of housing options that align with the institution's size and enrolment levels. The University is committed to delivering affordable housing services to its students, in particular first year and international students. Resources are available to provide support, information and guidance to students regarding both on and off-campus housing resources.

2. Purpose

This policy is intended to improve access to information and resources related to student housing services to better provide affordable and safe housing options to students and support their well-being and success.

3. Scope and Application

This policy applies to the delivery of student housing services on all University campuses and at University leased locations, by University staff.

4. Definitions

Accessibility: The degree to which physical, pedagogical, financial, social, and administrative structures are (re)designed to enable the full, meaningful, and equitable engagement of all community members.

5. Policy

5.1 The University will:

a. Provide students information on available housing services and resources in the form of dedicated web pages or resources that provide comprehensive information, resources, and contact details for students seeking housing. Information will be accessible and easily navigable;

b. Offer inclusive housing options that accommodate various student needs, including family housing and accessible accommodations;

c. Maintain a dedicated housing office or officer to offer support, guidance, and information to students;

d. Offer robust off-campus housing resources, including:

i. Institutionally endorsed third-party partnerships for housing databases;

ii. Support for housing searches, leasing, information on support for legal matters, and general housing education;

iii. Information on safety and other relevant resources;

iv. Details on short-term housing options; and

v. Information on financing opportunities and assistance programs.

6. Roles and Responsibilities

6.1 The Vice-President, Finance and Administration, in consultation with the Division of Students, is responsible for:

a. Implementation of this policy;

b. Establishing procedures pursuant hereto from time-to-time regarding any matter set out in this policy.

7. Review

The Vice-President, Finance and Administration, in consultation with the Division of Students, is responsible for the review of this policy every 5 years at a minimum.

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Intellectual Property Commercialization Policy /secretariat/policies/policies/intellectual-property-commercialization-policy/ Fri, 04 Oct 2024 14:39:42 +0000 /secretariat/policies/?post_type=policies&p=6747 1. Preamble On July 17, 2020, the government of Ontario released the province’s first Intellectual Property Action Plan to help Ontario become more strategic in its approach to generating, protecting, and commercializing intellectual property (IP). One of the key pillars of the action plan is a commitment to clarify the commercialization mandates of post-secondary institutions. […]

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1. Preamble

On July 17, 2020, the government of Ontario released the province’s first Intellectual Property Action Plan to help Ontario become more strategic in its approach to generating, protecting, and commercializing intellectual property (IP). One of the key pillars of the action plan is a commitment to clarify the commercialization mandates of post-secondary institutions. On January 14, 2022, the Ministry of Colleges and Universities released a Commercialization Mandate Policy Framework to help advance this commitment. Through this framework, post-secondary institutions were mandated to implement a Commercialization Policy that articulates a commitment to generate, commercialize and protect intellectual property in a manner that provides a net benefit to Ontario and Ontarians.

This Policy sets out 91ÑÇɫ’s commitment to recognizing the vital role of commercialization of intellectual property in fostering innovation, advancing knowledge, and benefiting society at large.

2. Purpose

The purpose of this Policy is to reaffirm 91ÑÇɫ’s commitment to the creation and dissemination of intellectual property in a manner that maximizes commercialization opportunities, the impact of research, scholarship, and creative activities, promotes and prioritizes innovation and knowledge transfer, and creates economic impact and societal benefit to Ontario while preserving the academic freedom and interest of the University, its faculty, staff and students with the mission and values of the University.

3. Scope and Application

This Policy is applicable to all YU Contributors, as defined below, carrying out research, scholarship and creative activities in the course of their employment, association, or enrollment at the University using University facilities, equipment, funds or other resources.

The administration and commercialization of intellectual property arising from such research, scholarship and creative activities is governed by the provisions of this Policy as well as the Intellectual Property and Graduate Education Regulations set out by the Faculty of Graduate Studies.

In the event of any conflict or inconsistency between this Policy and the collective agreements between 91ÑÇÉ« and the 91ÑÇÉ« Faculty Association or 91ÑÇÉ« and the Osgoode Hall Faculty Association, such collective agreements shall prevail.

4. Definitions

Intellectual Property or IP: the result of intellectual or artistic endeavors produced collectively or individually by YU Contributors in their roles with the University. Ownership of IP can be attributed to one or more individuals. The substance of a lecture, whether delivered in the classroom or via other means, and records of such lectures do not constitute IP for the purposes of this Policy.

University Resources: all resources provided by the University either directly or indirectly to a YU Contributor, including, without limitation, any equipment, software, facilities, utilities, human resources, services or other supports. University services include, without limitation, the administration of funds and support received by the University in the form of grants, contracts and other support provided by the University or third parties such as government funders or industry sponsors. For the purposes of this Policy, use of University Resources commonly available, such as wireless networks, maker spaces, libraries and other spaces open to the public shall not be considered use of University Resources.

YU Contributor: a member of the University community, that includes University employees, whether administrative, professional or support including technicians, teaching and research assistants, teaching fellows employed by the University, or under contract to provide personal services for the University, faculty members, whether part-time, full-time, emeritus or adjunct status, students, whether enrolled at the University full or part-time, including undergraduate, graduate and visiting or exchange students from other institutions, post-doctoral fellows, whether employed by, cross-appointed to, or under contract to provide personal services for the University, and research grant employees affiliated with the University, that uses University Resources in the course of research and other creative activities.

5. Policy

5.1. Management and Protection of Intellectual Property

5.1.1 The University is committed to the management and protection of IP in a manner that maximizes commercialization opportunities, protects the needs and interests of the University community and its research partners, and provides net benefits to Ontario and Ontarians.

Commercialization includes the assignment, licensing, manufacturing, or production of IP as well as the protection of IP, including, but not limited to, obtaining patent protection and copyright registration, with the goal of financial return. Examples of benefits to Ontario include, but are not limited to:

a. translating research into action by supporting entrepreneurship, knowledge mobilization and commercialization to expand the reach of research in order to achieve greater societal impact;

b. promoting contract research to bring funding and student training benefits to Ontario;

c. pursuing partnerships with Ontario companies and organizations, as well as those seeking to expand their business in Ontario; and

d. fostering partnerships with local incubators, accelerators, and regional innovation centres as well as local angel investor networks.

5.1.2 The Office of the Vice-President Research and Innovation (VPRI) provides supports and resources for the protection and management of IP, including to identify research with commercial potential, file patents and other forms of IP where indicated, and manage commercialization of IP including starting up companies where appropriate.

5.2. Increasing Intellectual Property Capacity

The University is committed to the ongoing development and enhancement of resources and support services to YU Contributors to increase the overall knowledge, awareness, and capacity of IP to enable innovation activities. Currently, units at the University that provide dedicated IP and commercialization resources and supports include IP Innovation Clinic, Research Commons, YSpace, BEST Lab, Innovation 91ÑÇÉ« and Schulich Startups.

5.3. Guidance Relating to Commercialization

5.3.1 The University acknowledges that cooperation with collaborators including companies, incubators and accelerators, and research institutes in the broader innovation ecosystem is critical to maximizing commercialization opportunities. The University is committed to providing guidance for relevant individuals within the University regarding institutional engagement with the Ontario innovation ecosystem in a manner that seeks to provide a net benefit to Ontarians.

5.3.2 The VPRI’s commercialization unit provides guidance relating to commercialization of IP to YU Contributors and as required to individuals within the University ecosystem.

5.4. Invention Disclosure

5.4.1 91ÑÇÉ« has an inventor-own policy as set out in the collective agreements between 91ÑÇÉ« and the 91ÑÇÉ« Faculty Association and 91ÑÇÉ« and the Osgoode Hall Faculty Association, and the Intellectual Property and Graduate Education Regulations set out by the Faculty of Graduate Studies. In order for the University to increase intellectual property capacity and invest in supports for the commercialization of IP, YU Contributors who are owners of IP generated with, or resulting from the use of University Resources are encouraged to disclose IP to the commercialization unit.

5.4.2 The commercialization unit receives and evaluates Invention Disclosures for IP generated with University Resources and supports the protection and commercialization of IP that has commercialization potential. This unit also promotes commercialization as a key component of 91ÑÇɫ’s research enterprise and provides training for students and faculty members.

5.5. Intellectual Property of Indigenous Peoples

The University is dedicated to upholding Article 31.1 of the UN Declaration of Rights of Indigenous Peoples, recognizing Indigenous Peoples' rights to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge and traditional cultural expressions. When engaging in research or scholarly activities with First Nations, the principles of OCAP® (Ownership, Control, Access and Possession) will inform IP arrangements.

Additionally, when engaging in research or scholarly activities with Inuit and Métis, researchers are required to work with community leadership to determine how Indigenous Peoples’ rights with respect to their IP will be protected.

6. Roles and Responsibilities

6.1 The Vice-President Research and Innovation is responsible for:

a. implementing this Policy;

b. developing any necessary procedures, guidelines, or agreements related to this Policy.

6.2. In accordance with Section 5.4.1, YU Contributors are responsible for disclosing IP generated with University Resources to the commercialization unit, acting on behalf of the Vice President Research & Innovation, and choosing the commercialization strategy for their IP, either independently or by seeking the University’s assistance.

7. Review

The VPRI is responsible for the review of this Policy every five years at a minimum and for recommending any revisions to the Board Academic Resources Committee.

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Gift and Sponsorship Acceptance Policy /secretariat/policies/policies/gift-and-sponsorship-acceptance-policy/ Wed, 13 Dec 2023 21:04:01 +0000 /secretariat/policies/?post_type=policies&p=6639 1. Purpose 1.1 Overview a. This Policy is intended to guide the acceptance of Gifts and Sponsorships made to the University, including how Gifts and Sponsorships are valued and receipted. b. The University recognizes that its ability to fulfill its Charitable Purposes requires raising Gifts and Sponsorships from a variety of sources. In accepting contributions […]

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1. Purpose

1.1 Overview

a. This Policy is intended to guide the acceptance of Gifts and Sponsorships made to the University, including how Gifts and Sponsorships are valued and receipted.

b. The University recognizes that its ability to fulfill its Charitable Purposes requires raising Gifts and Sponsorships from a variety of sources. In accepting contributions from these sources, the University will maintain the integrity of its values and freedom of action and will not compromise its mission, vision, values, or its ability to act independently in the fulfilment of its Charitable Purposes.

1.2.  Professional Standards

a. No Gift or Sponsorship shall, in any way, compromise the University’s Mission and Vision Statement, constrain academic freedom on campus as described in the University’s Free Speech Statement of Policy, contravene any policy of the University, or reflect negatively on the University’s public image.

b. University representatives engaged in Fundraising will conduct themselves in accordance with accepted professional standards and requirements of the CRA. They will inform, serve, guide, and otherwise assist donors or sponsors who wish to support the University’s activities but will not pressure or unduly persuade donors or sponsors.

c. All University representatives engaged in Fundraising are required to declare to the Division of Advancement any potential conflict of interest, real or perceived, they may have in engaging in Fundraising activities with a specific donor or sponsor or group of donors or sponsors.

2.  Scope and Application

2.1  Authorization

a. As delegated by the President, the Vice-President Advancement, is responsible for ensuring that the University’s Gift and Sponsorship acceptance process is compliant with this Policy and that the highest standards of professionalism are followed in the solicitation, review, acceptance, administration, and stewardship of Gifts and/ or Sponsorships, and in working with donors and sponsors.

b. The Division of Advancement is the only department authorized by the University that can issue an Official Donation Receipt, following CRA guidelines.

c. The Division of Advancement, and other units or individuals designated by the Vice-President Advancement, are responsible for the identification, cultivation, solicitation and negotiation of Gifts and Sponsorships and the creation of Gift or Sponsorship agreements with prospective donors and sponsors.

d. The Division of Advancement must be consulted by faculty, staff, students, alumni, volunteers, and other representatives wishing to fundraise for the University prior to preliminary discussions with potential donors.

e. The process for valuation, receipting and documentation of Gifts and Sponsorships will be determined in accordance with guidelines and procedures established from time to time by the Vice-President Advancement.

2.2 Scope

a. The University accepts Gifts and Sponsorships in support of its Charitable Purposes pursuant to the powers granted to it under the 91ÑÇÉ« Act, 1965. The University has established this Policy to cover all charitable Gifts and Sponsorships received.

b. Decisions under this Policy are independent of appointment, admission, curriculum, and other academic and business decisions.

c. This Policy is not intended to be either comprehensive or exhaustive. In situations where the application of this Policy to a particular Gift or Sponsorship is not clear, the staff of the University may review the application of this Policy with the Division of Advancement and University legal and financial advisors where necessary.

2.3 Application

a. This Policy applies to the solicitation and acceptance of Gifts and Sponsorships on behalf of the University, and all other Fundraising activities, and applies to every person, including students, authorized to solicit Gifts and Sponsorships on behalf of the University.

b. Where specified, certain sections of this Policy apply only to Gifts and certain sections apply only to Sponsorships. Where not specified, the balance applies to both Gifts and Sponsorships.

c. For greater certainty, this Policy does not apply to Advertising.

d. In the event of a conflict between the terms of this Policy and the terms of any Gift agreement, Sponsorship agreement or other document creating a Restricted Gift or Sponsorship in effect as of the Effective Date of this Policy, the applicable terms of the Gift agreement, Sponsorship agreement or other document creating a Restricted Gift or Sponsorship shall override the corresponding terms of this Policy, provided that the balance of the Policy that is not in conflict shall continue to be in effect, where applicable.

3. Definitions

When used in this Policy, the following terms shall have the following meanings:

Advertising: the sale or lease of advertising or signage space on University-owned property.

Board: the University’s Board of Governors.

Cause-related Marketing: a Fundraising activity in which the University works with a for-profit collaborator to promote the sale of the for-profit collaborator’s items or services on the basis that a portion of the revenues will go to the University.

Charitable Purposes: the objects and purposes of the University under Section 4 of the 91ÑÇÉ« Act, 1965, as amended from time to time.

CRA: the Canada Revenue Agency.

Cultural Property: artistic, historic, or scientific objects that may fall into a number of categories as determined by the Canadian Cultural Property Export Review Board (CCPERB).

Fair Market Value: generally, the highest price expressed in dollars that a property would bring in an open and unrestricted market, between a willing buyer and a willing seller, both of whom are knowledgeable, informed, and prudent, and who are acting independently of each other.

Fundraising: solicitation of Gifts and Sponsorships from the public or private sector.

Gift: a voluntary transfer of property without valuable consideration to the donor, and includes the following:

Bequest: a provision in a will, directing a Gift of property from an estate to be donated to the University.

Cash Gift: a Gift of cash or near-cash including cheque, money order, and credit card.

Gift-in-Kind: a gift of property other than a Cash Gift. Examples of Gifts-in-Kind include capital property, including real property, depreciable property, personal-use property, a leasehold interest, a residual interest, a right of any kind, a license, securities (such as stocks), a chose in action, and the inventory of a business. A Gift-in-Kind does not include a gift of services.

Expendable Gift: a Gift to be spent in its entirety over a period of time, in accordance with an established schedule or at the University’s discretion.

Endowed Gift: a Gift to be held permanently and invested to produce income to be used for the Charitable Purposes of the University as restricted by the Donor.

Restricted Gift: a Gift that a donor makes to the University for specific purposes consistent with the University’s Charitable Purposes and which restrictions are determined to be acceptable by the University.

Unrestricted Gift: a Gift made by a donor for uses to be determined by the University consistent with its Charitable Purposes.

ITA: the Income Tax Act (Canada), as amended from time to time.

Official Donation Receipt: a receipt that qualifies for charitable tax credits under the ITA.

Pledge: a commitment by a donor to donate a Gift or Sponsorship according to a fixed time schedule.

Policy: this Gift and Sponsorship Acceptance Policy.

Qualified Donee: has the meaning given to such term in the ITA, namely, organizations that can (i) issue Official donation Receipts as appropriate for Gifts they receive from individuals and corporations including but not limited to a registered charity, a registered Canadian amateur athletic association, and a registered Canadian municipality; and (ii) receive gifts from registered charities.

Sponsorship: a mutually beneficial or desirable arrangement in which an external party, whether for profit or otherwise, provides cash and/or in-kind contributions of property or services to the University, and in return may receive public acknowledgement or commercial marketing and/or promotional benefits such as publicity, promotional consideration, and merchandising opportunities.  Sponsorships may be provided by way of cash or in-kind contributions.

University: 91ÑÇÉ«, which is a non-share capital corporation under the 91ÑÇÉ« Act, 1965.

4. Policy

4.1 Acceptance of Gifts and Sponsorships

a. Statement of Principles of Acceptance

i. The University welcomes Gifts and Sponsorships from individuals, organizations, corporations, foundations, and governments to help it achieve its academic mission, to enhance its programs and support its students. In considering whether to accept a Gift or Sponsorship, the University will consider the donor’s or sponsor’s intent and direction and whether these are consistent with University objectives and priorities.  The University values and will protect its integrity, autonomy, and academic freedom.  It will not accept Gifts or Sponsorships when a condition of such acceptance would result in an abridgement of its academic freedom or its integrity. The University will also be guided by the following non-exhaustive set of principles:

a) it must be consistent with the University's Charitable Purposes, academic vision, freedom, mission and core values;
b) it must not present a risk to the University or to its reputation;
c) it must be reasonable for the University to administer or manage;
d) it must not put the University in a conflict of interest;
e) it must not have come from illegal activities;
f) it cannot have terms that may require the University to violate the Ontario Human Rights Code;
g) it cannot give the donor or the donor’s representatives the right to designate a specific or intended person to be the recipient of a donation including an award, lectureship, professorship, chair, or other honorific;
h) it must not inhibit the University from seeking Gifts or Sponsorships from other donors or sponsors or potential donors or sponsors, unless agreed upon by the donor or sponsor and the University; and
i) it must be designed and administered in a manner consistent with legal and accounting requirements.

ii.  Acceptance of Gifts and Sponsorships will be done in a manner that respects the responsibility of the Board of Governors for the financial affairs of the University and the responsibility of Senate for academic policy matters including establishing academic programs and awarding scholarships. A Gift or Sponsorship may be subject to review by the Board, Senate or designate, President and/or the Vice-President Advancement or designate prior to acceptance.

b. Determination of Costs of the University

Proposed Gifts and Sponsorships will be evaluated to determine whether the costs to the University associated with receiving or managing the Gift or Sponsorship can be accommodated prudently.

c. Pass Through or Directed Gifts

i. The University does not accept Gifts where the Gift is expressly or implicitly conditional on the University making a gift to another person, club, society, association or organization other than a Qualified Donee.

ii. A donor may not direct that funds be given to specific individuals who are not Qualified Donees, except when the University’s mandate specifically contemplates the type of Fundraising that would benefit those individuals.

iii. The University will not accept Gifts where a donor wishes to direct the funds to a specified person or family member.

d. Pledges

i. All Pledges of Gifts or Sponsorship must have written documentation that contains the following:

a) a clearly specified amount of the Pledge; or a clearly specified identification of the property Pledged;
b) a clearly defined payment/donation schedule; and
c) there must be no contingencies or conditions for fulfilment of the Pledge.

ii. The University may require documentation from the donor or sponsor evidencing that the donor or sponsor intends to fulfill the Pledge.

iii. A Pledge by a donor to donate a Gift is not in itself a Gift until the Pledged property is received by the University. Only fulfilled instalment payment of Pledges of Gifts may be receipted by the University. Unfulfilled instalment Pledge payments do not qualify for an Official Donation Receipt.

iv. If, for any reason, a Pledge of a Gift is not completely realized and it is not possible to come to a new arrangement with the donor, the Division of Advancement must be consulted. The Division of Advancement will notify donors concerning any unfulfilled payments/Pledges of Gifts, where possible. The University will have the authority to redirect any partial funds received towards such other purposes as are, in the University’s discretion, consistent with the original purpose of the Pledge.

e. Anti-Money Laundering and Anti-Terrorism Issues

The University does not accept Gifts or Sponsorships from donors or sponsors who are involved or appear to be involved in terrorist activities, terrorist groups, or financing or facilitating terrorist activities or terrorist groups. All donors, sponsors, Gifts and Sponsorships shall be subject to review under the University’s applicable policies, procedures, or guidelines in place, as they exist from time to time.

f. Confidentiality

The University will keep all information, data, or other communications with donors and sponsors strictly confidential in accordance with its privacy policy in place from time to time. The University reserves the right to disclose such information where it is required to do so by law.

g. No Persuasion or Pressure

The University does not permit any employee, volunteer, or person representing the University to use pressure on a donor or sponsor in securing any Gift or Sponsorship. The University honours donors’ and prospective donors’ or sponsors’ requests to limit the frequency of solicitations, not be solicited by telephone or other technology, and receive printed material concerning the University.

h. No Advice to Donors or Sponsors

The University does not provide any legal, accounting, tax, or financial advice to donors or sponsors. Donors and sponsors are encouraged to seek independent legal, accounting, tax, or financial advice and are responsible for all costs incurred in relation to obtaining such advice.

i. Legal Advice to the University

The University reserves the right to seek legal advice in relation to the negotiation, acceptance, receipting, and management of Gifts or Sponsorships where necessary.

j. No Compensation

The University does not, directly or indirectly, pay finder’s fees, commissions, or percentage compensation based on contributions.

k. Decolonization, Equity, Diversity and Inclusion (DEDI)

The University will raise funds in accordance with its DEDI strategy, which upholds the fundamental belief that everyone should be treated fairly and equitably, with respect and dignity.

l. Use of Name, Logo and Emblems

Any use of the University’s name, logo and emblems by donors or sponsors will require prior written approval of the University.

4.2 Gifts

a. Compliance with Governing Principles

Before accepting a Gift, the University may undertake such due diligence steps as it determines necessary, in keeping with the principles outlined in Section 4.1(a)(i) of this Policy.

b. Unrestricted Gifts

A Gift that is not subject to donor restrictions will be held by the University to be applied towards the Charitable Purposes of the University in the sole discretion of the University.

c. Gifts Subject to Donor Restrictions

i. Restricted Gifts - All restrictions that a donor desires to be imposed on a Restricted Gift must be set out in a Gift agreement where applicable and approved by the University. A donor can choose to make their donation by way of an Expendable Gift or Endowed Gift; provided that for the establishment of a new Endowed Gift, the donation must meet the University’s minimum threshold amount for an endowment, as set by the University from time to time, based on market conditions.

ii. Donor-Advised Funds - A donor who wishes to provide non-binding advice to the University with respect to a Gift will be required to establish the Gift as a donor-advised fund and to enter into a Gift agreement with the University to set out the terms of the Gift and how advice may be provided to the University by the donor from time to time.

iii. Fund Name - Funds may be “named� by the donor, provided that the name is acceptable to the University. Such naming shall be subject to the applicable University recognition policy in place from time to time.

iv. Anonymous Donors - The University will respect and observe the wish of a donor to remain anonymous with respect to Gifts made to the University. The University reserves the right to disclose the identity of the donor and the type and value of the Gift where it is required to do so by law.

d. Where Gift Agreement Required

In accordance with applicable University policies, procedures, or guidelines as they exist from time to time, the University will request donors to enter into Gift agreements with the University to evidence the Gift and set out the terms of any restrictions on the Gift. Gift agreements will typically be required with respect to Restricted Gifts, Endowed Gifts, large Gifts and Gifts of real estate.

e. Execution of Gift Agreements

All Gift agreements must receive the appropriate internal approvals and shall be signed according to the University's Signing Authority Register, unless otherwise directed in accordance with the .

f. Cash

The following terms apply to acceptance of Cash Gifts:

i. A Gift by credit card is considered to have been made on the date the donor authorized the charge to the credit card.

ii. Gifts received after the end of the year may not be added to the previous year's donations unless the Gift was postmarked in the previous year.

g. Gifts-in-Kind

The following terms apply to acceptance of Gifts-in-Kind, as applicable:

i. The University accepts, at its discretion, Gifts-in-Kind that are in reasonable condition and meet other criteria set out in this Policy. The University reserves the right to display or store the gifted property, use the property for Fundraising purposes, or sell it and apply the proceeds towards the Charitable Purposes of the University.

ii. Costs such as legal fees and appraisals will be the responsibility of the donor, unless otherwise agreed to by the University.

iii. The acceptance of works of art is governed by the University’s Art Acquisition Guidelines, as it exists from time to time.

h. Gifts of Cultural Property

91ÑÇÉ« may accept gifts of Cultural Property and shall follow the procedures for application, valuation and receipting as prescribed by Heritage Canada, the CCPERB and CRA as they may exist from time to time.

i. Real Estate

The following terms apply to acceptance of Gifts of real estate:

i. All Gifts of real estate shall be evaluated in light of the need for an environmental audit whose cost shall be borne by the donor.

ii. All Gifts of real estate shall require independent appraisal.

iii. The University reserves the right to inspect the property from time to time to assure that its interest is properly safeguarded and will be allowed access to the property upon reasonable notice when requested.

iv. Costs such as title searches, legal fees, appraisals, and real estate fees will be the responsibility of the donor, unless otherwise agreed to by the University.

v. The University reserves the right to retain the property or sell it and apply the proceeds towards the Charitable Purpose of the University.

vi. The Division of Advancement must be consulted prior to the acceptance of any Gifts of real estate.

j. Life Insurance

The following terms apply to acceptance of Gifts of life insurance:

i. When a life insurance policy on which premiums remain to be paid is irrevocably assigned to the University, the acceptance of the assigned policy shall be conditional upon the University not having any liability to the insurance company or to the donor with respect to the payment of future premiums, unless otherwise agreed to by the University in advance. The University shall require assurance from the donor that the donor will continue to make donations towards paying future premiums, unless otherwise agreed to by the University in advance.

ii. The University will only accept Gifts of whole life insurance policies or term to 100 life insurance policies.

iii. The Division of Advancement must be consulted prior to the acceptance of any Gifts of life insurance.

k. Publicly Listed Securities

The following terms apply to acceptance of Gifts of publicly listed securities:

i. Donors shall bear transfer costs when transferring securities to the University. A Gift of publicly listed securities must be received by the University no later than ten (10) business days before the end of the calendar year to be eligible for an Official Donation Receipt within that calendar year.

ii. The Division of Advancement must be consulted prior to the acceptance of any Gifts of publicly listed securities.

l. Private Securities

The following terms apply to acceptance of Gifts of private securities:

i. Donors may give shares of closely held corporate securities to the University in the same manner as publicly traded securities, subject to the following:

a) The University assumes no liability in accepting these Gifts;
b) The Fair Market Value of the Gifts must be able to be easily determined by an independent appraisal carried out in accordance with this Policy;
c) The Gifts must not be subject to a volatile market;
d) The Gifts must be readily converted into cash within a reasonable period of time after having received them and there is no agreement or other obligation in place that may prevent the University from doing so; and
e) The donor deals at arm’s length with both the University and any of the members of the University’s Board of Governors.

ii. Donors shall bear the transfer costs when transferring closely held securities to the University.

iii. The University does not accept Gifts of “non-qualifying securities� (i.e., private company shares of a donor who controls the company and Gifts of debts in respect of a donor’s corporation) where the donor does not deal at arm’s length with the University or with each director of the University.

iv. The University does not accept Gifts of business interests such as partnership interests or units in a limited partnership.

v. The Division of Advancement must be consulted prior to the acceptance of any Gifts of private securities.

m. Bequests

The following terms apply to acceptance of Bequests:

i. Sample Bequest language will be made available to donors and their lawyers to ensure that the Bequest is appropriately documented in the donor’s will.

ii. The University does not provide any legal, accounting, tax, or financial advice to donors in the preparation of their will or become involved in the execution or witnessing of a will in which the University is named as beneficiary. Neither University staff nor the University may be named as executor in a donor’s estate. The University recommends that donors consult legal and tax professional advisors before completing a will.

iii. Donors are invited and encouraged to provide information to the University about their Bequest and, if they so choose, to send to the University a copy of the relevant section of their will. The University encourages donors to disclose their Bequest intentions to the University ahead of time in writing to ensure that the University can carry out their wishes and that the intended Gifts conform to the principles stated in this Policy.

iv. The University may decline the Bequest if, in the discretion of the University, the legal, accounting, or other professional fees associated with administration of the estate exceeds the amount of Bequest. The University may also decline a Bequest involving an estate that has not been properly administered, and its trustees not having received appropriate compensation.

v. If there is a Gift from the estate of a deceased donor that does not meet the principles of this Policy, that decision will be communicated to the legal representative of the estate. Attempts will be made to achieve mutually acceptable terms for the use of the Gift by the University where possible.

vi. Any legal, accounting, or other professional fees borne by the University in receiving the Bequest from the estate of the donor will be deducted from the Gift received.

vii. The Division of Advancement must be consulted prior to the acceptance of any Bequests and during the post-death administration of any Bequests.

n. Registered Retirement Plans

The University accepts donations of registered retirement plans, subject to the following terms:

i. An Official Donation Receipt based on the value of the registered retirement savings plan (RRSP) or registered retirement income fund (RRIF) on the day the transfer will be issued. Should there be tax withheld by the financial institution holding the RRIF or RRSP, an Official Donation Receipt may be issued for the net amount of the donation made to the University.

ii. RRIFs or RRSPs cannot be transferred to a registered charity during the lifetime of the donor and be eligible for Official Donation Receipts.

iii. The Division of Advancement must be consulted prior to the acceptance of any Gifts of registered retirement plans.

o. Other Planned Gifts

The University accepts Gifts through other planned gift vehicles such as charitable gift annuities, charitable remainder trusts and gifts of residual interest.

The following terms apply to acceptance of such planned gifts:

i. It is not the practice of the University to manage charitable gift annuities, but rather to purchase reinsured gift annuities from life insurance companies.

ii. The University will not serve as trustee of charitable remainder trusts.

iii. The Division of Advancement must be consulted prior to the acceptance of any planned gifts.

p. Gifts from other Qualified Donees

Before any Gifts are accepted from other Qualified Donees, the donor charity will be required to advise the University whether the Gift is a Restricted Gift, and if so, to provide the University with full particulars of the restrictions. A Gift agreement may need to be entered into with the donor charity.

4.3 Sponsorships

a. Compliance with Governing Principles

Before accepting a Sponsorship, the University may undertake such due diligence steps as it determines necessary, in keeping with the principles outlined in Section 4.1(a)(i) of this Policy.

b. Where Sponsorship Agreements Required

All Sponsorships shall be documented in writing. In general, Sponsorship over $10,000 will require sponsors to enter into Sponsorship agreements with the University to evidence the Sponsorship and set out the terms of any restrictions on the Sponsorship. Sponsorships under $10,000 will be documented in a letter or invoice with terms and benefits clearly defined.

All Sponsorship agreements must be arranged for a fixed term. All Sponsorship agreements shall be consistent with the size, complexity, and scope of the Sponsorship.

c. Execution of Sponsorship Agreements

Unless otherwise set out in the University’s Signing Authority Register or as directed by the Board, all Sponsorship agreements shall be signed by the Vice-President Advancement of the University and respective Faculty or Department representative, as appropriate, on behalf of the University.

d. Business Expense Deduction

The University does not provide any legal, accounting, tax, or financial advice to sponsors with respect to the deductibility of a Sponsorship as a business expense. Sponsors are advised to seek their own independent legal, accounting, tax, or financial advice.

e. Sponsorship Criteria and Restrictions

i. Unrestricted Sponsorship - A Sponsorship that is not subject to sponsor restrictions will be held by the University to be applied towards the corporate objects of the University at the sole discretion of the University.

ii. Restrictions in Writing - All restrictions that a sponsor desires to be imposed on a Sponsorship must be set out in writing and approved by the University before the Sponsorship is accepted.

iii. No Personal Benefit - The Sponsorship must not confer a personal benefit, directly or indirectly, to any particular University employee or official.

iv. The University’s Obligations - The Sponsorship must not create an ongoing financial obligation for the University beyond the term set out in the Sponsorship agreement or otherwise as agreed to in writing by the University. The Sponsorship must not interfere with existing contractual obligations of the University.

v. Benefits to the Sponsors - Benefits to the sponsors are limited to those expressly stated in the Sponsorship agreement or otherwise as agreed to in writing by the University. Benefits to the sponsor are to be commensurate with the size and scope of the Sponsorship. The Sponsorship must not result in, or be perceived to result in any competitive advantage, benefit, or preferential treatment for the sponsor outside of the Sponsorship agreement.

vi. Comply with Law - Sponsorships shall conform to all applicable federal and provincial statutes, and to all applicable University by-laws, policies, and practices.

vii. Sponsored Property - The Sponsorship must not unduly detract from the character, integrity, aesthetic quality, or safety of the sponsored property or unreasonably interfere with its enjoyment or use.

viii. No Endorsement - The University does not endorse or sanction the products, services, or ideas of any sponsor. There shall be no actual or implied obligation to purchase the product or services of the sponsor. Sponsors may not imply that their products, services, or ideas are endorsed or sanctioned by the University.

ix. No Access to Personal Information - Sponsors may not have access to personal information about an identifiable individual held by the University.

x. Naming - Naming of a program/event, physical space, etc. may be associated with Sponsorships, provided that the name is acceptable to the University. Such naming shall be subject to naming requirements set out in this Policy or the applicable University recognition policy.

4.4. Receipting and Acknowledgment

a. Issuance and Management of Charitable Receipting

Only the Division of Advancement is authorized to issue Official Donation Receipts. Management of Official Donation Receipting rests with the Gift Processing team within the Advancement Services and Operations unit of the Division of Advancement.
Official Donation Receipts shall be issued and managed by the University in accordance with the requirements of the ITA and the CRA, as well as any applicable University policies, procedures, or guidelines, as they exist from time to time.

b. Inquiry

The University reserves the right to inquire of its donors concerning circumstances surrounding the Gifts that may be relevant for the purpose of the issuance of Official Donation Receipts and in determining the correct eligible amount for the Gift.

c. Cash Gifts
Official Donation Receipts will be issued for Cash Gifts based on the amount received. Year-end Cash Gifts will qualify for receipts in the year in which they are post marked.

d. Gifts-in-Kind: Fair Market Value

i. An Official Donation Receipt will be issued for the eligible amount of the Gift-in-Kind on the date of donation based on the Fair Market Value of the property. The Fair Market Value of a Gift-in-Kind as of the date of the donation must be determined before an amount can be recorded on an Official Donation Receipt. If the Fair Market Value of an item cannot be reasonably determined, an Official Donation Receipt will not be issued. In some circumstances, Fair Market Value will be “deemed� in accordance with the ITA.

ii. Where the Fair Market Value of a gifted/sponsored property (e.g., Gifts-in-Kind) must be determined, generally an independent third-party appraiser will be engaged. A staff member of the University may be engaged to conduct the appraisal in certain circumstances.

iii. The appraiser will be required to provide an appraisal report to the University. A conditions report may also be required where the Gift is a work of art of Canadian Cultural Property. The report must include an estimate of the Fair Market Value of the property as of the date of donation.
iv. All appraisals (and conditions reports for CCPERB) shall be at the cost of the donor or sponsor, unless otherwise agreed to by the University. The University reserves the right to obtain, at its expense, its own appraisal in addition to the donor’s or sponsor's appraisal.

e. Split-Receipting Rules

The University is required to comply with applicable requirements under the ITA and the in relation to split-receipting in issuing Official Donation Receipts to donors. Non-compliance with these requirements may jeopardize the University’s charitable status.

f. Minimum Amount

An Official Donation Receipt will only be issued where the eligible amount of the Gift exceeds twenty dollars ($20.00).

g. No Official Donation Receipt to Qualified Donees

Official Donation Receipts will not be issued for Gifts received from other Qualified Donees, e.g., charitable foundations that are Qualified Donees. However, the Gift may be acknowledged by way of a letter or written acknowledgement that states that it is not an Official Donation Receipt for income tax purposes.

h. Donations for Research

Depending on the circumstances surrounding the donation, a donation for research purposes may take the form of a Gift. An Official Donation Receipt may be issued to a donor if the donation meets the criteria of the ITA and CRA. Where the donation is not eligible for an Official Donation Receipt, the donation may be acknowledged by way of a letter or written acknowledgement that states that it is not an Official Donation Receipt for income tax purposes.

i. Donations of Services, Space rentals, and Loans

Gifts of services, as well as space rentals, and loans do not qualify for an Official Donation Receipt. However, an Official Donation Receipt can be issued for Gifts of services under certain conditions as permitted by the CRA. The Division of Advancement must be consulted for all space rentals, loans and for Gifts of services.

j. Publicly-listed securities

Official Donation Receipts will be issued for Gifts of publicly traded securities for the eligible amount of the Gift based on the Fair Market Value of the securities, in accordance with the requirements of the ITA and the CRA.
It is the University’s general practice to sell securities immediately upon receipt. The University reserves the right, on a case-by-case basis, to sell securities over a period of days, weeks, or months when it is determined that the regular trading volume is not sufficient to absorb the securities without significantly and adversely affecting their value.
The University also reserves the right to refuse to accept a gift of securities that has negligible value in normal and active market trading.

k. Planned Gifts

Gifts such as life insurance policies, gifts of residual interests, charitable remainder trusts, charitable gift annuities, gifts of retirement benefits, and other planned gift vehicles will be valued and receipted using the formulas employed by recognized bodies such as the Canadian Association of Gift Planners and approved by CRA as they may from time to time change and in accordance with any requirements of the ITA and the CRA.

l. Anonymous Gifts

The University may issue Official Donation Receipts for anonymous Gifts if the donor establishes an agency or trust agreement to make the anonymous Gift to the University.

m. Sponsorship

Sponsorship constitutes an advantage to the sponsor. Consequently, a Sponsorship is not a Gift and does not qualify for an Official Donation Receipt.

n. Part Gift and Part Sponsorship

Where a contribution consists partly of a Gift and partly of a Sponsorship, the portion of the contribution that constitutes a Sponsorship will not be eligible for an Official Donation Receipt. The portion of the contribution that constitutes a Gift will be treated as a Gift, and an Official Donation Receipt may be issued for such portion in accordance with ITA and CRA criteria. In practice, it is difficult to calculate the value of the advantage for Sponsorship. If the value cannot be calculated, the University cannot determine the eligible amount of the Gift, and accordingly cannot issue the business an Official Donation Receipt for a contribution that consists partly of a Gift and partly of a Sponsorship.

o. Gift/Sponsorship Acknowledgements

The University will provide an acknowledgement letter for all Gifts and Sponsorships made to and accepted by the University. Where appropriate, Gift acknowledgements may be accompanied by an Official Donation Receipt.

4.5. Declining and Returning Gifts/Sponsorship

a. Declining Gifts or Sponsorship

The University reserves the right to decline a Gift or Sponsorship, as applicable, in any circumstance.

b. Returning a Gift or Sponsorship

In general, once a Gift has been received by the University, the property becomes the University’s asset and cannot be returned to the donor. Unspent or uncommitted Sponsorship funds can be returned to the sponsor in accordance with the terms of the Sponsorship agreement.

4.6. Cause-Related Marketing

a. Principles for Entering into Cause-related Marketing Arrangements

i. All Cause-related Marketing arrangements will require review and approval by the Vice-President Advancement or designate prior to acceptance and will require a written agreement.

ii. The University will not issue an Official Donation Receipt for a donation made as a result of Cause-related Marketing if the value of the advantage the for-profit partner receives is more than 80% of the amount Gifted to the University, or if the value of any advantage the donor received as a result of the Cause-related Marketing cannot be calculated.

4.7. Donor Recognition

a. General

The University has a donor-centered approach to its Fundraising programs. It is the University’s policy to provide appropriate public recognition for all Gifts and Sponsorships contributed to the University where appropriate.

b. Recognition Principles

i. Recognition is based on Gift and Sponsorship levels set by the Division of Advancement. Specific recognition requirements requested by a donor or sponsor will be assessed on an individual basis and will be subject to the CRA requirements and the University recognition policy as it exists from time to time.

ii. Public recognition in printed materials or in public space outside of the University will be mutually agreed upon between the donor or sponsor and the University.

iii. In all matters involving recognition the interest and integrity of the University must take priority. The University reserves the right to revoke any recognition or naming rights if, in the reasonable opinion of the University the recognition or naming right may cause prejudice or embarrassment to the University, impair the image or reputation of the University, or as otherwise provided in the University recognition policy as it exists from time to time.

c. Naming Principles

The University welcomes the opportunity to honour those who have rendered outstanding service to the University or to honour individuals who have made generous Gifts to the University through naming in accordance with the applicable University policies, subject to donor anonymity requests as set out in Section 4.2(c)(iv) of this Policy. Where applicable, such naming may be addressed in the Gift or Sponsorship agreement provided that it shall be subject to the applicable University policies in place from time to time.

4.8. Investments and Disbursement

a. Investment

The investment and management of each fund and its income from time to time, if any, will be in accordance with the University’s applicable policies, procedures and/or guidelines, as they exist from time to time.

5. Roles and Responsibilities

The Vice-President Advancement is responsible for:

a. the implementation of this Policy and may establish procedures, and guidelines pursuant hereto from time-to-time regarding accepting or declining a gift or sponsorships, receipting and acknowledgement of gifts and sponsorships, recognition of donors, conflicts of interest, and any other matters set out in this Policy;

b. ensuring that the University’s gift and sponsorship acceptance process is compliant with this Policy and that the highest standards of professionalism are followed in the solicitation, review, acceptance, administration, and stewardship of gifts and/or sponsorships, and in working with donors and sponsors;

c. issuing Official Donation Receipts, in accordance with the requirements of the ITA and the CRA, as well as any applicable University policies, procedures or guidelines, as they exist from time to time;

d. advice on the application of this Policy to a particular Gift or Sponsorship, in consultation with University legal and financial advisors where necessary;

e. the identification, cultivation, solicitation and negotiation of Gifts and Sponsorships and the creation of Gift or Sponsorship agreements with prospective donors and sponsors;

f. advising faculty, staff, students, alumni, volunteers, and other representatives wishing to fundraise for the University prior to preliminary discussions with potential donors;

g. receiving declarations from all University representatives engaged in Fundraising of any potential conflict of interest, real or perceived, they may have in engaging in Fundraising activities with a specific donor or sponsor or group of donors or sponsors;

h. advice on the acceptance of any Gifts of Cultural Property, real estate, life insurance, bequests, publicly listed securities, private securities, and registered retirement plans, space rentals, loans and other gifts of services;

i. advice on Pledges of a Gift when it is not possible to come to a new arrangement with the donor, and notifying donors concerning any unfulfilled payments/Pledges of Gifts;

j. setting of Gift and Sponsorship levels and advising on recognition requirements requested by a donor or sponsor, advising on Gifts and Sponsorships, and approval of all Gift and Sponsorship agreements unless otherwise set out in the University’s Signing Authority Register or as directed by the Board; and

k. advice and approval of all Cause-related Marketing arrangements prior to acceptance.

6. Review

The Vice-President Advancement is responsible for the review of this policy every five years at a minimum.

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Long-term Debt Policy /secretariat/policies/policies/long-term-debt-policy/ Mon, 11 Apr 2022 21:15:22 +0000 /secretariat/policies/?post_type=policies&p=6165 1. Purpose Capital projects and other university priorities require a combination of funding sources including internal reserves, external debt, gifts, future revenue streams, and grants.  Debt is an integral component of the University’s overall capital structure. The purpose of this policy is to ensure that the University has a robust debt management and monitoring review […]

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1. Purpose

Capital projects and other university priorities require a combination of funding sources including internal reserves, external debt, gifts, future revenue streams, and grants.  Debt is an integral component of the University’s overall capital structure.

The purpose of this policy is to ensure that the University has a robust debt management and monitoring review process. The policy will provide credit rating agencies, the holders of University debt, and other external partners, such as the Ministry of Colleges and Universities, with comfort that the University has a disciplined approach to managing its long-term debt obligations. This policy assists in ensuring that debt is used strategically to support the University’s mission and strategy.

2. Scope and Application

This policy applies to all long-term debt assumed by the University.

3. Principles and Definitions

In order that present and future University administrations preserve the overall financial health and credit worthiness of the University, the University monitors and manages its long-term debt obligations, and develops and updates its strategy to retire or refinance its debt. The University may use debt to finance long-term capital projects, including ancillary capital projects.

The University will not use long-term debt to finance operations.

4. Policy

4.1 The University will maintain the following key financial ratios.

a. Debt per FTE ($)

Measures debt per Full Time Equivalent

Total university debt ÷ FTEs

Where total university debt includes:

  • Long-term debt (debentures, bank loans, long-term credit facilities)
  • Public-private partnership obligations
  • Capital leases
  • Less: Sinking fund assets

And where FTEs is the number of enrolled students on a standard credit load basis

Maximum debt per FTE ($) =12,250

²ú.ÌýViability Ratio   

Measures assets available to settle long term debt

Expendable Net Assets ÷ Total university debt

Where expendable resources includes:

  • Internally restricted endowments
  • Internally restricted net assets (excluding investment in capital assets and employee future benefits and other amounts which are committed to near term uses or otherwise restricted
  • Unrestricted surplus (deficit)

Minimum Expendable Net Assets to Debt = 80%

³¦.Ìý Debt Ratio  

Measures extent of University’s leverage

Total Liabilities less Deferred Capital Contributions/Total Assets

Maximum Debt Ratio = 35%

»å.ÌýDebt to Revenue Ratio

Measures ability to repay debt

Long Term Debt/Total Revenue

Maximum Debt to Revenue Ratio = 50%

±ð.ÌýÌýInterest Burden Ratio

Measures debt affordability

Interest Expenses/Total Expenses less Amortization

Maximum Interest Burden Ratio = 4%

´Ú.ÌýInterest coverage (times)

An institution’s interest coverage ratio (adjusted Operating Cash Flows-to-interest charges) is a key metric tracked by credit rating agencies to assess capacity to meet annual debt servicing requirements with cash generated from operations.

Adjusted cash flow from operations + gross interest charges÷ gross interest charges

Where adjusted cash from operations is:

  • Excess of consolidated revenue over consolidated expense (as reported)
  • Amortization
  • Less: other non-cash adjustments (before change in working capital).

Minimum interest coverage (times) = 2.5 times

²µ.ÌýSurplus to revenue (five-year rolling average) (%).

Measures financial sustainability

The credit assessment of an institution is often assessed based on an historical five-year rolling average of this ratio, where the adjusted surplus (deficit) is the excess of consolidated revenue over consolidated expense (as reported), less any non-recurring/ one-time revenue or expenses.

Minimum Surplus-to-revenue (five-year rolling average) (%) = 2%

Summary of Key Financial Ratios

Key Financial Ratio Min/Max
Debt per FTE ($) < 12,250
Viability Ratio (%) >80
Debt Ratio (%) <35
Debt to Revenue (%) <50
Interest Burden Ratio (%) <4
Interest coverage (times) >2.5
Surplus to revenue (five-year rolling average) (%) >2

4.2 When the University is not compliant with a debt policy metric, administration will undertake a comprehensive review and provide a report with recommendations to the Finance and Audit Committee on how to obtain compliance.

4.3 The University will maintain a sinking fund to repay all long-term debt when it comes due. The sinking fund will be invested in either the University’s Short-Medium Term Fund or alongside the University’s Endowment Fund and be governed by their respective Statement of Investment Policies and Procedures. On a biennial basis, the Finance and Audit Committee will review the value of the sinking fund relative to projected target and consider recommendations to increase the sinking fund to ensure sufficiency of funds to repay principal.

5. Monitoring

On an annual basis, the Finance and Audit Committee will review the University’s debt management, which will include the following:

  • A review of the University’s debt rating, as provided by debt rating agencies
  • A review of the University’s debt rating as compared to other universities
  • The financial metrics outlined in this policy

6. Review

This policy will be reviewed biannually to consider changes in the University’s objectives and the external environment.

 

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Procurement of Goods and Services (Procedure) /secretariat/policies/policies/procurement-of-goods-and-services-procedure/ Fri, 19 Mar 2021 14:03:13 +0000 https://secretariat-policies.info.yorku.ca/?post_type=policies&p=5623 1. Purpose This purpose of this procedure is to outline the process for university employees who have the authority to procure goods and services to make appropriate disclosures should a conflict of interest arise. 2. Scope and Application 2.1 This Procedure applies to all University acquisitions (goods and services, purchase, lease or rent) by University employees […]

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1. Purpose

This purpose of this procedure is to outline the process for university employees who have the authority to procure goods and services to make appropriate disclosures should a conflict of interest arise.

2. Scope and Application

2.1 This Procedure applies to all University acquisitions (goods and services, purchase, lease or rent) by University employees expended from University operating, capital, ancillary, research and special purpose funds unless exempt as noted below.

2.2 The University endeavours to procure goods and services in the most efficient and cost-effective manner.  Strategic Procurement Services (Finance Department) shall also adopt leading practices, including technology, to maximize efforts associated with the procure-to-pay process.

2.3 This procedure is issued pursuant to the Procurement of Goods and Services Policy.

3. Definitions

For the purposes of this Procedure, the terms;

a) Canadian-European Union Comprehensive Economic and Trade Agreement: Is an international free trade agreement that expands opportunities between suppliers in Canada and the European Union.

b) Canadian Free Trade Agreement: Is an agreement between the Canadian provinces whose objective is to reduce and eliminate, to the extent possible, barriers to the free movement of persons, goods, services and investments within Canada and to establish an open, efficient and stable domestic market.

c) Change Order: A change in scope, specifications, value and/or details of an original purchase order or awarded contract.

d) Department Head: The employee who has the highest level of decision-making authority for a cost centre in a faculty, department, or other operating unit.

e) Emergency: A circumstance in which an immediate purchase or procurement decision is necessary to prevent a serious delay, which delay reasonably could result in a danger to life, damage to property or suspension of the provision of an essential service.

f) Goods: Physical or tangible items that can be produced, bought and sold.

g) Services: The delivery or provision of skills, expertise, goods and/or actions.

    • Consulting Services: A person or entity that provides expert or strategic advice and related services for consideration and decision-making.
    • Non-Consulting Services: A person or entity retained for the provision of assistance to others in order to complete a required task or for the creation, installation, maintenance or repair of goods or other property.
    • Services for Resale: A situation where the University provides open enrollment non-credit courses/seminars to the public and customized courses/seminars to third parties external to the community for the purpose of professional development and training. In this capacity, the University acts as an enabler by engaging the services of individuals/corporations with the required expertise, excluding current University employees, to develop and deliver these services. This does not apply to credit courses or programs at the undergraduate and graduate level.

h) Vendors of Record: Vendors of goods and services with whom the University has negotiated a contract or agreement with set terms, conditions and/or pricing over a fixed period of time.

4. Roles and Responsibilities

a) The Vice-President Finance and Administration will be responsible for the implementation of this procedure.

b) Director, Strategic Procurement Services will be responsible for directing the procurement processes and monitor and enforce compliance with the procedures listed herein.

5. Procurement of Goods and Services not Subject to this Procedure

5.1 The following transactions are exempt from the University Policy and Procedure on Procurement of Goods and Services but shall be subject to other governing legislation or other University policies:

1. Payments to regulatory agencies;
2. Staff professional development and training;
3. Travel and hospitality.

5.2 The engagement of individuals/companies categorized as Services for Resale is delegated to the unit/department offering this service.

6. Procedures

6.1 General

a) Where the University has established contracts or agreements with Vendors of Record, University operating units shall purchase goods and/or services against these contracts or from these vendors.

b) The University will publicly tender purchases of goods and services in excess of $121,200 unless otherwise exempted.

c) Goods and services shall not be split into lower dollar values to avoid compliance with the University Policy on Procurement of Goods and Services and this Procedure or applicable law. The total purchase value shall include the cost of associated warranties, maintenance and service agreements but shall not include applicable taxes.

6.2 Vendors of Record

a) Where the University has established contracts or agreements with vendors, Strategic Procurement Services shall determine the most appropriate order mechanism, regardless of total procurement value(*).

6.3 No Vendors of Record

Where the University has not established contracts or agreements with vendors, the following process shall apply:

a) Consulting Services

Regardless of total purchase value, all consulting services must be competitively bid.

b) Total Purchase Value under $25,000(*)

Departments shall determine fair market value and use the University’s Procurement Card (PCard) wherever possible.

c) Total Purchase Value between $25,000 and $50,000

Departments shall solicit quotations from three or more vendors using the Vendor Quote Solicitation form; completing a Purchasing Requisition and forwarding with all solicited quotations to Strategic Procurement Services for Purchase Order issuance.

d) Total Purchase Value in excess of $50,000

Departments shall contact Strategic Procurement Services who will determine the best acquisition method and shall manage the acquisition process.

(*) Note, all values before tax; To ensure compliance with Broader Public Sector (BPS) Accountability Act and Procurement Directive, the Department approver is responsible for ensuring that her/his/their cumulative purchases (at the Department level) from the same vendor do not exceed $25,000 (excluding taxes) in a fiscal year.

6.4 Non-Competitive Procurement

a) In specific circumstances, only one vendor may be able or capable of providing goods and/or services. In such a case, a Limited Tendering and Non-Application Approval form is required and must be approved by the Director, Strategic Procurement Services, in advance of the Department making any commitment to the vendor/service provider.

b) In the case of certain professionals for whom the Canadian Free Trade Agreement stipulates its non-application, in addition to an approved Limited Tendering and Non-Application Approval form a Performance Evaluation and Engagement Renewal for Licensed Professionals is also required from the acquiring Department. Performance evaluations and engagement renewals must be completed every five years at a minimum.

6.5 Emergency

a) In an Emergency, the following authority shall apply:

o The Dean or Director of the affected area has the authority to acquire goods or services up to $121,200 without regard to this Procedure; and
o The Associate or Assistant Vice President of the affected area has the authority to acquire goods and services in excess of $121,200 without regard to this Procedure.

The nature of the emergency and the action taken must be provided in writing to the Director, Strategic Procurement Services immediately after the emergency has been addressed by using the Limited Tendering and Non-Application Approval form.

6.6 Controlled Goods and/or Hazardous Materials

a) Acquisitions associated with Controlled Goods, as defined by the Control Goods Program (CGP) of Canada, and Hazardous Materials, as defined by the Ontario Occupational Health and Safety Act and its Workplace Hazardous Materials Information System (WHMIS) Regulation, shall be acquired via Purchase Order and notice to Procurement Services regardless of value.

7. Payment Processes and Methods

7.1 Vendors of Record

a) Where the University has established contracts or agreements with vendors of record, the payment method will be outlined in the agreement and shall apply regardless of total procurement value.

7.2 No Vendors of Record

a) Where the University has not established contracts or agreements with vendors, the following payment processes shall apply:

o Petty Cash – invoices less than $100;
o Purchases under $25,000 – University Pcard or invoice payment through Accounts Payable; or
o Purchases in excess of $25,000 – Purchase Order.

7.3 Payment Terms

a) Standard payment terms of Net 30 days from invoice receipt or satisfactory delivery of goods and/or services, whichever is later, shall be applied unless more favourable payment terms have been negotiated with the vendor by Strategic Procurement Services. Equity-deserving businesses and social enterprises may request an amendment to the University’s payment terms in writing to the Director, Strategic Procurement Services. The final decision to amend the University’s payment terms for this group, lies solely with the Director, Strategic Procurement Services.

7.4 Pre-Payment

a) Advance or pre-payment shall be avoided whenever possible, as it is prudent to not pay for goods or services until they have been received or satisfactorily delivered. However, in some circumstances Vendor pre-payment may be necessary. Pre-payment must be specifically agreed to in the contract or agreement between the University and the Vendor. All contracts must be reviewed by Strategic Procurement Services prior to execution and in accordance with the University Signing Authority Register.

b) All pre-payments shall be approved by an employee with the appropriate signing authority in accordance with the corresponding dollar threshold and approval authority under the University’s Signing Authority Register article 10, Procurement of Goods and Services. The employee approval of all pre-payments shall be supported by proper vendor invoice clearly indicating that the payment being requested is either for full pre-payment or deposit/partial payment.

c) Departments may request that the vendor provide an irrevocable standby letter of credit or a credit reference from the vendor’s banker to minimize the University’s risks. Departments may contact Strategic Procurement Services if guidance is required when negotiating pre-payment terms.

8. Review

This procedure will be reviewed every 5 years at a minimum. During the review, the policy will remain in full force and effect.

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Procurement of Goods and Services (Policy) /secretariat/policies/policies/procurement-of-goods-and-services-policy/ Fri, 19 Mar 2021 13:55:59 +0000 https://secretariat-policies.info.yorku.ca/?post_type=policies&p=5601 1. Purpose 1.1 This policy establishes the principles for and the context within which University procurement activity may occur. 1.2 91ÑÇÉ« aspires to high ethical, legal, environmental, managerial and professional standards in the management of the resources entrusted to it.  Within this context, the University’s procurement function shall be performed in an open, fair […]

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1. Purpose

1.1 This policy establishes the principles for and the context within which University procurement activity may occur.

1.2 91ÑÇÉ« aspires to high ethical, legal, environmental, managerial and professional standards in the management of the resources entrusted to it.  Within this context, the University’s procurement function shall be performed in an open, fair and transparent manner where goods and services are procured in a competitive environment and where all transactions yield the optimal benefit to the University in the circumstances.

2. Scope and Application

This policy shall apply to all University employees when conducting acquisitions.

3. Definitions

For the purposes of this Policy, the terms

a) Acquisition: goods and services obtained, such as purchase, lease or rent, and expended from University operating, capital, ancillary, special purpose and research funds.

b) Conflict of interest: any situation where an employee’s personal interest clashes or conflicts with the interests of the university which may affect or perceive to affect an employee from acting impartially in the university’s best interest.

c) Execution of procurement: the proper due diligence, procedures and signing authorities required to purchase goods and services at the University.

d) Gift and gratuities: instances where individuals, corporations or firms exchange gifts, benefits or favours in a manner which could or perceive to curry favour with University employees.

e) Undue Influence: a situation where pressure or persuasion is used to subvert the University’s interests and obligations for personal or individual benefit.

4. Policy and Guidelines

4.1 91ÑÇÉ« shall adopt leading procurement principles and practices, subject to applicable provincial and federal laws, trade agreement obligations and other University policies, procedures and guidelines as arise from time to time.

4.2 91ÑÇÉ« is committed to promoting the values of sustainability and social responsibility. To the degree possible, the University shall incorporate environmental, social and ethical sourcing standards into its procurement practices, and give favorable consideration in its evaluation process to those goods and services which reflect this commitment to sustainability or broader social responsibility.

4.3 All acquisitions of goods and services shall be pursuant to the Procedures issued under this Policy, and guidelines created from time to time by the Director, Strategic Procurement Services.

4.4 91ÑÇÉ« shall award contracts for goods or services using the most appropriate procurement practices based on the acquisition methods described in the procedures issued pursuant to this Policy.

4.5 Conflict of Interest

a) 91ÑÇÉ« shall not acquire goods and services from a business or other entity owned by an officer or employee of the University or from anyone who is not at arm's length from any officer or employee, including any corporation or other business entity in which an employee or someone with whom he/she has a non arms length relationship holds a controlling interest (either directly or indirectly).
b) No University employee shall take any steps to influence the acquisition of goods or services from any corporation or other business entity in which the employee or those with whom he/she has a non arms length relationship hold a controlling interest (either directly or indirectly).
c) Notwithstanding the foregoing, in rare circumstances, if and when appropriate and in the best interests of the University, upon full disclosure of a conflict or the perception of a conflict pursuant to any procedures set out therefore, the Vice-President, Finance and Administration may consider whether any such conflict exists and if so whether it may be waived or otherwise resolved, and may thereafter and on such terms as are deemed appropriate, approve a proposed acquisition from a University employee or a person or entity not at arms length from the employee.
d) 91ÑÇÉ« shall not seek to acquire goods or services from any member of the Board of Governors or any person or business entity in which a governor or person who is not arms length from a governor holds a substantial interest (either directly or indirectly), except insofar as any such dealings are approved in advance pursuant to the Board of Governors policies and procedures on Conflicts of Interest.

4.6 Gifts and Gratuities

No University employee or agent shall accept gifts, benefits or favours from individuals, firms or corporations with which the University does or may do business, except as token courtesies or except on behalf of the University and for the University’s benefit. To ensure transparency and fairness and to avoid conflict of interest, gifts, benefits or favours shall be declared to the Department Head who will use his/her judgment in this regard.

4.7 Undue Influence

No University employee or agent shall attempt to influence the purchase of goods or services for the University on the basis of the supplier’s previous record of philanthropic giving to the University or on the basis of the supplier’s stated intent to give to the University in the future.

4.8 Execution of Procurement

All documentation relating to the procurement of goods and services shall be executed subject to the University’s Signing Authority Policy and related procedures and guidelines.

5. Roles and Responsibilities

The Vice-President Finance and Administration will be responsible for the implementation of this Policy and has the authority to develop procedures to that effect.

6. Review

The Vice-President Finance and Administration will review this Policy every 5 years at a minimum. During the review, the policy will remain in full force and effect.

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Brand Stewardship Policy /secretariat/policies/policies/brand-stewardship-policy/ Wed, 07 Oct 2020 20:18:08 +0000 https://secretariat-policies.info.yorku.ca/?post_type=policies&p=5505 1.   Background This policy is intended to protect and uphold the image and reputation of the university by regulating the use of brand properties. Protecting the university from inappropriate associations or use is desirable for the establishment and promotion of a professional and distinctive image for the university. This policy is designed to limit the […]

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1.   Background

This policy is intended to protect and uphold the image and reputation of the university by regulating the use of brand properties. Protecting the university from inappropriate associations or use is desirable for the establishment and promotion of a professional and distinctive image for the university. This policy is designed to limit the proliferation of brand properties that detract from the university’s core positioning by diluting the University's distinctive image and legal right in its names and marks.

2.  Definition

The term "brand property" means  print or digital usage of a term, name, mark, insignia, logo, seal, crest, design or symbol that has been adopted and used by the university, in physical installations, in University nomenclature (department, office, job titles), and in web and social media properties (handles, accounts, hashtags).

Examples include 91ÑÇÉ«'s name, mark and design;  the logo for each of the University’s professional schools and campuses; and visual design treatment for all administrative units.

3.   Scope

  1. This policy applies to:
    1. every 91ÑÇÉ« brand property encompassed by the “Definitionâ€�;
    2. graphic and language standards; and
    3. the development of any new brand property.
  2. This policy is not intended to limit any academic affiliation or research initiative or undertaking but extends in so far as it is relevant and applicable to ensure that 91ÑÇÉ« is properly represented within that relationship, in particular, when a brand property is used for promotion or identification.

4.   Policy

  1. 91ÑÇÉ« shall use, develop, and manage brand properties in such a manner as to uphold and promote a professional, consistent, coherent and distinctive image for the university in all its communications and activities.
  2. 91ÑÇÉ« may develop new brand properties, or identities or affiliations incorporating existing brand properties, subject to the prior consent and approval of the President or the President's designate.

5.  Related Policies/Procedures

Posters Policy and Procedure.

Brand Stewardship Procedures

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Social Procurement Policy /secretariat/policies/policies/social-procurement-policy/ Wed, 08 Jan 2020 17:42:36 +0000 https://secretariat-policies.info.yorku.ca/?post_type=policies&p=5454 1.     Purpose 91ÑÇÉ« aims to increase the number of employment, apprenticeship and training opportunities for people from the University’s local neighborhoods, other equity-seeking communities, and Aboriginal Peoples, and to broaden 91ÑÇɫ’s supply chain by providing diverse vendors with equitable access to tender opportunities to foster inclusive economic growth. 2.    Scope and Application 2.1 This policy […]

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1.     Purpose

91ÑÇÉ« aims to increase the number of employment, apprenticeship and training opportunities for people from the University’s local neighborhoods, other equity-seeking communities, and Aboriginal Peoples, and to broaden 91ÑÇɫ’s supply chain by providing diverse vendors with equitable access to tender opportunities to foster inclusive economic growth.

2.    Scope and Application

2.1 This policy will apply to selected competitive purchases made by 91ÑÇÉ«, where appropriate and commercially feasible, with reference to the Social Procurement Procedures, and excludes any specific Government Procurement related set-asides.  In the event of any conflict with this Policy and Government Procurement legislation or directive, the Government’s Procurement legislation or directive will govern.

2.2  This policy will apply to selected competitive purchases made by 91ÑÇÉ«, where appropriate and commercially feasible, with reference to the Social Procurement Procedures, and excludes any specific Government Procurement related set-asides. In the event of any conflict with this Policy and Government Procurement legislation or directive, the Government’s Procurement legislation or directive will govern.

3.    Definitions

Equity-seeking Community

An equity-seeking community is a group that experiences discrimination or barriers to equal opportunity, including women, persons with disabilities, newcomers/new immigrants, LGBTQ+ people, visible minorities/racialized people, and other groups, including local community groups that 91ÑÇÉ« identifies as historically underrepresented.

Indigenous Peoples

Indigenous (Aboriginal Peoples) are a specific Community that has been engaged with the Canadian government requiring Constitutional recognition and opportunities for inclusion, including by way of Governmental programs and exemptions in trade treaties.

Diverse Vendor

A diverse vendor is any business or enterprise that is certified by a Vendor Certification Organization to be:

  • More than 51% (majority) owned, managed and controlled by persons belonging to an equity-seeking community, or
  • A social purpose enterprise whose primary purpose is to create social, environmental or cultural value and impact, or where more than 50% of the persons who are full-time equivalent employees are participating in or have completed transitional employment training, and experience economic disadvantage.

4. Policy

The Social Procurement Policy aims to demonstrate the University’s commitment to use its purchasing power to benefit local economies and provide fair access to its procurements by providing additional opportunities for underrepresented businesses and communities.  It establishes the framework of values and principles, listed below, for enhancing community impact and gives direction to staff in approaching procurement.

  • Provides opportunities to address economic disadvantage by promoting equal opportunity and inclusion and removing barriers to those goals experienced by equity seeking communities and others who disproportionately experience unemployment and underemployment, discrimination;
  • Aspires to build a culture of social procurement at the University;
  • Leverages the University’s purchasing to benefit local economies;
  • Establishes an effective balance between equity goals, accountability, transparency and efficiency;
  • Complies with all applicable laws, including government trade agreements and directives, laws and policies, including the Ontario Human Rights Code;
  • Achieves best value for 91ÑÇÉ« through the consideration of the full range of procurement formats and the adoption of commercially reasonable business practices; and
  • Integrates with 91ÑÇɫ’s vision and policies and its role as an Anchor Institution to create a responsible and sustainable supply chain process.

5. Roles and Responsibilities

The Vice-President Finance and Administration will be responsible for the implementation of this policy and has the authority to develop procedures to that effect.

6. Review

This policy will be reviewed every 5 years at a minimum. During the review, the policy will remain in full force and effect.

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