September 5, 2012
MEMORANDUM - Registry of Enterprises (RENA)
The Quebec government recently amended legislation including the Act respecting contracting by public bodies (the "Act") and created a registry of enterprises that are ineligible to contract with public bodies (RENA).

As a result, effective immediately, members of Concordia University who acquire goods and services with University funds (either directly with a vendor or via Purchasing Services) must ensure that they do not do business with a vendor that appears on RENA.

As such, it is imperative that RENA is searched before spending or committing University funds, regardless of the amount, to ensure that the chosen vendor or the winning bidder is not listed in the RENA registry. This applies to all expenditures of the University, be it for multi-million dollar contracts, a piece of equipment for a lab or a flight reservation to attend a conference.

The University’s compliance with the Act and its associated regulations is obligatory. For more information regarding RENA, please read the full version of the memorandum.

April 5, 2011
JURISPRUDENCE - Internal Hearing Panels
In a recent decision (2011 QCCS 1515) rendered by the Superior Court of Quebec, Justice Pierre Nollet dismissed a student’s request to revise a disciplinary decision rendered by the University’s Academic Hearing Panel. The Judge stated that absent a denial of Justice, bad faith or a flagrant abuse, courts will not interfere in University affairs and that the largest amount of deference is afforded to universities.

It should be noted that a request by the student for permission to appeal was rejected (2011 QCCA 1144), but that the student had sought permission for leave to appeal to the Supreme Courtof Canada. Recently, the Supreme Court refused to grant the student leave to appeal and as such, this decision is now final.

November 23, 2009
MEMORANDUM - Mandatory Legal Review of Contracts
The University’s Signing Authority Policy (BD-1) mandates that certain legal documents must be reviewed and approved by the OGC before being signed.

To provide University signatories with an assurance that an appropriate legal review has taken place as well as to ensure compliance with applicable laws and consistency across the University, the legal documents that require mandatory OGC review must contain a stamp from the OGC (the “OGC Stamp”) when presented to the signtory for his/her signature.

All requests for review and the OGC Stamp should be made by email and sent directly to the relevant Legal Counsel. In case of uncertainty, these requests should be sent to the attention of Me Frederica Jacobs, General Counsel or to Me Eva Samartzidis, Associate General Counsel.

All requests should be sent a minimum of one week before the deadline for finalizing the document in question. For more information regarding the impact of the OGC Stamp and the procedure to be adopted, read the full version of the memorandum.

October 6, 2010
MEMORANDUM - Use of Electronic Mail
The provisions of the Archives Act as well as of the Act respecting access to documents held by public bodies and the Protection of Personal Information (the “Act respecting access”) apply to e-mail just as they do to any other document. As such, e-mail may be subject to an access to information request and must be treated in exactly the same manner as any other form of document. Like any other document, emails must be retained and made available in accordance with these laws.

Among other things, the memorandum provides the following quick guidelines regarding emails.

• When drafting an e-mail, be prudent with respect to content and use of appropriate language.
• Only put in an e-mail what you would agree to sign formally.
• Do not re-direct an e-mail or attachments to third parties without the authorization of the sender unless it is clear from the context that the sender has authorized further distribution.
• Print out paper copies or e-mails that evidence important activities of your unit and deposit them with the Archives in accordance with University policy.

For more information regarding the use of electronic mail, please read the full version of the memorandum.