Execution of Contracts Policy

• Related Documents:  Approval Authority Schedule Policy; Purchasing Policy; Delegation of Authority Policy;  (PDF file) Senate Policy 154: Signing of Research Applications and Agreements in Support of Research;  (PDF file) Senate Policy 95 The Development and Approval of International Partnerships and International (and National) Mobility Programs, Naming Policy, Sponsorship Policy
  
• Owner:  General Counsel and Secretary of the Board of Governors
• Approver:  Board of Governors
• Approval Dates:  March 2003, November 2009, June 2011, November 2013, March 2020, November 2023

I.    Purpose

The purpose of this policy is to specify the roles within Toronto Metropolitan University (the "University") which are authorized to sign Contracts on behalf of the University to ensure that only those individuals with appropriate budget approval and accountability sign Contracts on behalf of the University.

II.    Scope and Application 

This Policy applies to all faculty, staff and students of the University.

This Policy is to be read in conjunction with the University’s other policies and procedures applicable to purchasing, contracting and specific activities applicable to such Contracts.

III.    Definitions

“Capital Project” means a project that concerns the demolition of existing buildings or infrastructure, new construction, the renovation or renewal of existing facilities or infrastructure, and the acquisition or sale of real property.

“Collective Agreement” means a Contract between the University and one of its trade unions or employees’ associations that regulates the terms and conditions of employees at work.

“Contract” means an agreement with an individual or entity that creates obligations on behalf of the University including, but not limited to, any contract (including any renewal, extension or amendment of an existing  agreement), subcontract, letter of intent, memorandum of understanding, memorandum of agreement, legal action, memorandum of settlement, minutes of settlement, academic agreement, employment contract, gift agreement, lease, license, purchase requisition/order, deed, transfer, instrument, assignment, obligation, certificate, end user license agreement, data transfer agreement, or other document.

“SRC Agreement” means a Contract that concerns or affects the undertaking of scholarly, research or creative activity under the auspices of the University.

"Signing Authority” means the individual who has been granted authority to sign a Contract in accordance with this Policy.

“Student Placement Agreement” means a Contract that concerns the provision of discipline-related work experience to a student as a component of an academic program.

“University” means Toronto Metropolitan University

IV.    Policy

1.    Signing Authority

a.    An individual may only sign a Contract on behalf of the University if they have explicit authority to do so under this Policy, or if that authority has been properly delegated to them by the relevant Signing Authority.

b.    Except as set out below, the Signing Authority for a Contract is determined by the Contract’s total aggregate value as set out in Schedule A.

c.    The Signing Authority for SRC Agreements is the Vice President Research and Innovation.

d.    The Signing Authority for Student Placement Agreements for student placements or practicums within Canada is the Provost and Vice President Academic. The Signing Authority for Student Placement Agreements for student placements or practicums outside of Canada is determined in accordance with Senate Policy 95: The Development and Approval of International Partnerships and International (and National) Mobility Programs.

e.    The Signing Authority for Collective Agreements is the President and the General Counsel and Secretary of the Board of Governors, provided that the Collective Agreement has been approved by the Board of Governors.

f.    The Signing Authority for Contracts concerning the employment of individuals by the University other than Collective Agreements is the hiring supervisor as directed by Human Resources.

g.    The Signing Authority for Contracts relating to the lease or license of space is the Vice-President, Administration and Operations in addition to the Signing Authority specified in Schedule A.

2.    Contracts relating to the disposition of legal actions including, but not limited to, minutes of settlement and memorandum of settlement, require the prior approval of the General Counsel and Secretary of the Board of Governors before they are signed by the appropriate Signing Authority.

3.    Prior to signature by the Signing Authority(ies), the following requirements must be met for all Contracts:

a.    The terms of the Contract must be reviewed and approved in advance by the relevant unit(s) within the University including, as appropriate, the Privacy Office, Communications and Computing Services, and Insurance and Risk Management;

b.    The Contract must be reviewed by the Office of the General Counsel and Board Secretariat; and

c.    An assessment of the risks to which the University may be exposed to by entering into the Contract must be prepared by the unit seeking approval and provided to the Signing Authority.

4.    The term of a Contract, including any renewals and extensions, should not exceed five (5) years, unless such term is otherwise approved by the Office of the General Counsel and Board Secretariat.

5.    Typed or stamped signatures are not accepted as original signatures on Contracts. Electronic and digital signatures will be accepted as original signatures on Contracts only with the prior approval of the Office of the General Counsel and Board Secretariat.

This Policy falls under the jurisdiction of the Office of the General Counsel and Board Secretariat.

The General Counsel and Secretary of the Board of Governors is responsible for the interpretation and application of this Policy, and the creation and promulgation of such procedures and guidelines as necessary or desirable to give effect to this Policy.

Schedule A:

 Signing Authority