Purpose

To govern the delegation of authority and outline the process by which the authority to act and to make decisions is delegated.

Scope

This policy applies to Memorial University and any power or duty held by the Board of Regents.

Definitions

Board – The Board of Regents of Memorial University

Collective Agreement - any collective agreement between Memorial University and any association or union representing Employees.

Delegation - the conveyance of authority to act on behalf of the Board.

Employee - An individual holding an appointment(s) with Memorial University.

University – Memorial University of Newfoundland.

Position Profiles - The outline of the key responsibilities, duties and objectives of the role, the salary and benefits on offer and reporting lines.

The Act - Memorial University Act, RSNL 1990, c M-7

Policy

Appropriate delegation of authority is fundamental to the effective and efficient management and operation of the University. Delineating the process for delegating authority includes maintaining a record of known delegation is in keeping with good governance and transparency.

The powers, duties, responsibilities and authorities granted the governing bodies of the university are derived from the Memorial University Act in section 33 states:

The management, administration and control of the property, revenue, business and affairs of the university are vested in the board.

In the discharging of their role the Board delegates authority to meet the needs and goal of the university. Through the Board, the President has authority to supervise and direct the operation of the university; and the authority to delegate these powers, duties, or functions including the power of sub-delegation. These sub-delegations are generally granted to the Vice-President level.

Delegations of authority can take many forms, such as, specific documentation delegating an authority but can also include and are not limited to: Board and University approved statements in policy and university strategy, position profiles, collective agreements, and other legislative requirements.

Delegation Conditions

• The assigning of delegations must reflect University strategy and be made in the best interest of the University.
• The delegation must be clear in assigning a delegate, the extent of the delegation, and any conditions relating to the delegation.
• The delegate may only sub-delegate such authority with permission from the Board. This permission may occur prior or post the original delegation.
• Delegations of authority are made to the position, not an individual. The authority stays with the position until or unless it is revoked or reassigned.
• Delegations of authority should be appropriate to enhance the effective and efficient management and operation of the University.
• Delegation of authority should create a sound internal control environment and assign clear authorities and accountabilities.
• Delegations of authority should be in writing, either in policy and procedure statements, position profiles, memos, or a Delegation of Authority Form.
• Any execution of a delegated authority must not subject the University to a conflict of interest
  • Board of Regents Conflict of Interest Policy
  • University – Conflict of Interest Policy
• Any delegate (or sub-delegate) will be aware of and comply with applicable laws, regulations, and University policies and procedures.
• Conditions can be stipulated in any delegation of authority (i.e. time periods, financial limitations, etc.)

Delegation Register

The delegation register must be approved by the Board of Regents and detail:

• what the delegation of authority is;
• the source of authority;
• the position of the delegate;
• and any conditions put in place for the delegation.

The Office of the Board of Regents is responsible for maintaining a record of all delegations of authority made by the Board of Regents. The Delegation Register must be reviewed annually and updated as necessary to ensure that it is reflective of all Board delegations. The Register must be clear in its presentation of delegations, and readily available.

Related Documents

Delegation of Authority Form

Delegations Register (TBD) 

Procedures: