Needing to describe or use the University's name
The University of Manitoba is a body corporate created by special act of the Legislature of the Province of Manitoba, Canada, under and pursuant to The University of Manitoba Act, C.C.S.M., c.U60
Yes, the University is incorporated by special act of the Legislature of the Province of Manitoba, Canada, under and pursuant to The University of Manitoba Act, C.C.S.M., c.U60
The University's official legal name is The University of Manitoba. This full title should be used when referring to the University on documents, contracts or agreements.
Using the Office of Legal Counsel
Please feel free to contact our office whenever you think you have a work-related legal issue or require advice of a legal nature. Often it is better to involve our office at the beginning of projects or when you first think there may be an issue, as we may be able to offer assistance and manage the issue.
There are some issues that require the involvement of our office. These are the review of contracts and agreements that are required under the Signing of Agreements Policy. Also, any question of a general nature, including guidance related to the development of and the approval process for Governing Documents, must be referred to the Office of Legal Counsel.
You may already know the lawyer who is assigned to your unit or you may have a direct relationship with a lawyer in our office. You can contact the lawyer or their assistant directly. If you do not know who to contact, then you can contact our Legal and Confidential Assistant, Angela Anderson, at Angela.Anderson@umanitoba.ca or 204-474-7843. She will forward your issue to the appropriate person in our office.
Only a Notary Public can notarize documents. Usually notarized documents are for use outside Manitoba. In Manitoba, only lawyers can apply to be Notary Publics. The lawyers in our office all have the Notary Public designation. Please contact our office if your work requires any documents to be notarized you need to swear or take an Oath that will be used outside the province.
Along with Notary Publics, Commissioners for Oaths can administer oaths and swear certain documents which will be used in Manitoba. Any Manitoba resident can apply to be a Commissioner of Oaths. Commissioners do not have the power to notarize documents. Some units in the University may have staff that have the Commissioner of Oaths. If your office does not have a Commissioner for Oaths and your work requires that you take an Oath or you have any work-related questions about the swearing of documents, please contact our office and will be happy to assist you.
Anyone who is beginning to develop a new Governing Document, or is planning to make revisions to an existing one, is required to complete a Governing Document Proposal Form and provide it to the Office of Legal Counsel for approval.
For a visual overview of the development process, please refer to the Governing Document Development Process Flowchart: http://umanitoba.ca/legal_counsel/media/GovDocDevProc.pdf.
There are a number of circumstances when the University is required to obtain parental consent or have a waiver signed. Please consult our Information Guide to Waivers and Parental Consent Forms for all the necessary information. Our guide is located at http://umanitoba.ca/legal_counsel/media/INFORMATION_GUIDE_TO_WAIVERS_AND_INFORMED_CONSENT_FORMS.pdf.
Agreements or Contracts
An Agreement is defined as any arrangement, contract, letter of intent, memorandum of understanding, memorandum of agreement that binds the University. The Signing of Agreements Policy and Procedure differentiates between two different types of Agreements, Standard and Non-Standard Agreements.
Some departments and faculties have worked with us to create Standard Agreements or Contracts. The wording in these documents cannot be changed. A person can only fill in the required information in the blank fields provided. A list of Standard Agreements can be found at http://umanitoba.ca/legal_counsel/agreements.html.
If your unit has a Standard Agreement or if you see a Standard Agreement that is appropriate, the document can be downloaded from our website and used when needed. The Standard Agreement can be signed by the appropriate person without review or approval from our office as long as no changes to the documents have been made. If changes are made or required, the document will become a Non-Standard Agreement. Standard Agreements over $100,000 need to be forwarded to the Office of Legal Counsel for approval.
For complete instructions on how to sign a Standard Agreement please consult the Signing of Agreements, Policy and Procedure Instruction Sheet http://umanitoba.ca/legal_counsel/media/Signing_Policy_Instructions_alone.pdf.
If the Standard Agreement cannot be used, you can work with the other party to come up with a satisfactory agreement or you can contact our office for assistance in developing an appropriate agreement. In either case, the agreement must be signed in accordance with signing procedures for Non-Standard Agreements.
A Non-Standard Agreement is any other Agreement (see above definition) that is not a Standard Agreement created by the Office of Legal Counsel.
Almost all Non-Standard Agreements must be reviewed and approved by the Office of Legal Counsel. The list of exceptions to this rule is located in Schedule B of the Signing of Agreements Procedure located at: http://umanitoba.ca/admin/governance/media/Signing_of_Agreements_Procedures_-_Schedule_B_-_2014_11_21.pdf.
If your Unit is ready to have a Non- Standard Agreement reviewed and approved, then please forward the Agreement to our office using a Contract Routing Form. This form can be located at http://umanitoba.ca/legal_counsel/media/CONTRACT_ROUTING_FORM.docx.
Some units prefer to have the Office of Legal Counsel review a draft of their Agreement before sending it with a Contract Routing Form. We can do this, just contact us so we can start the process.
The Contract Routing Form must be signed by the Signing Authority. Typically this is the Dean or Director whose department is responsible for the Agreement and who has the budget if payment is required. The Dean or Director must check off all appropriate boxes in the document. If the Dean or Director is not available, then the person appointed to “act” in the role may sign. The person should indicate they are in an “Acting” position when signing. For more information on who is a Signing Authority, please consult: http://umanitoba.ca/legal_counsel/media/SIGNING_AUTHORITIES_LIST.pdf
When sending an Agreement to our office for approval, the number of copies of the Agreement should match the number of parties signing the Agreement.
The same signing procedure is used for both Standard and Non-Standard Agreements. The Signing of Agreements Policy and Procedure delegates authority to sign agreements to Signing Authorities for certain types of agreements with a value under $100,000. A Signing Authority are typically the Dean or Director whose department is responsible for the Agreement and who has the budget if payment is required. The list of Agreements that a Singing Officer can sign is found at Schedule A of the Signing of Agreements Procedure located at http://umanitoba.ca/admin/governance/media/Signing_of_Agreements_Procedures_-_Schedule_A_-_2015_03_23.pdf.
If your Agreement is not found in Schedule “A”, then the Agreement must be signed by Vice-President (Administration). If you need more information please consult the Signing of Agreements, Policy and Procedure Instruction Sheet http://umanitoba.ca/legal_counsel/media/Signing_Policy_Instructions_alone.pdf.
If the Agreement is not listed in Schedule “A” or the the value cannot be determined, the Vice-President (Administration) may sign the Agreement. For more information, please consult: http://umanitoba.ca/legal_counsel/media/SIGNING_AUTHORITIES_LIST.pdf.
Unless the Agreement has a clause that states a reproduced signature is acceptable, then the Agreement should have original signatures (in pen) of both parties. If getting original signatures is a problem, then let us know and we can usually add in a paragraph allowing for these types of reproduced signatures.
Yes, this is a type of Agreement and unless the Agreement is an exception under Schedule B of the Signing of Agreements Procedure, it must be forwarded to legal Counsel for approval. Schedule B is located at: http://umanitoba.ca/admin/governance/media/Signing_of_Agreements_Procedures_-_Schedule_B_-_2013_05_31.pdf.
If other party has not signed the Agreement, arrange for their signature. Please have that party return one signed Agreement back to you. Once the Agreement has all required signatures, make sure each party has an original document. The original Agreement your unit retains should be sent to our office for the Contract Vault. Please keep a copy of the Agreement for your unit’s use.
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