Contracts
Under The University of Â鶹´«Ã½’s “Contract Administration Policy,” there are two types of contracts:
- Personal contracts or private consultancies for research and other services negotiated between an individual and an external individual, agency or organization, which are not administered by the UÂ鶹´«Ã½ and are not approved by the Research Office. These contracts cannot use University resources and are not eligible for career progress. Researchers should review their Collective Agreement and speak with the Dean if they are seeking a personal contract or private consultancy.
- Research contracts or University contracts, which are administered by the University and are recognized for career progress. Any activities outside the normal teaching load and normal research which involve the use of the University name, University facilities (equipment, space, services), University-supported time, University-supported personnel, or the University accounting system and which meet the definition of “contract” as outlined in the institutional policy are considered contract activities. As such, they must be approved by the Office of the Vice-President, Research and Innovation and are subject to indirect cost charges.
If you are planning on entering into a research contract, please contact the Research Office (researchoffice@uwinnipeg.ca) or:
Arshnoor
Legal and Administrative Assistant, Office of Research and Innovation
204.258.3058
a.arshnoor@uwinnipeg.ca
The University of Â鶹´«Ã½'s new contract administration policy was approved in 2021, and subsequently re-reviewed and approved in June 2023. The procedures were officially approved by The University of Â鶹´«Ã½ Board of Regents in June 2023. Both can be viewed below, and also on the institution's policies webpage.
The University of Â鶹´«Ã½ Contract Administration Policy
The University of Â鶹´«Ã½ Contract Administration Procedures
The Research Contracts and Agreements Review & Development (Drafting) Process:
- Researchers must submit a request through a Research Starts Here (RSH) form in , which helps track the contract drafting/reviewing process from request to approval.
- The Legal and Administrative Assistant in the Research Office starts the process on their end, and the Legal Counsel – Research advises the researcher(s) and UW regarding the red flags of the agreement/contract.
- The final decision/signing authority rests in the hands of the Vice-President, Research and Innovation and the Associate Vice-President, Research and Innovation.
This process usually takes 6 to 8 weeks and requires great attention to detail.
Contract Review vs. Contract Drafting
There are two main ways researchers engage with contracts and agreements when it is determined that they are a research or University contract:
- Seeking support for contract/agreement review. These involve contracts that are initiated by a Third Party, who is often providing funding or requiring a researcher to prepare a number of research deliverables.
- Asking the RO to help draft a new contract/agreement. These often involve contracts where researchers are looking to contract out work funded by a grant they currently hold, or are prepared as requirements related to intellectual property or agreements where there is no third party institution involved. If you require support to draft a contract, please fill out the Contract Drafting Form and submit it in your RSH form.
Please note: Every contract/agreement is unique and requires Legal Counsel – Research to review it from a legally exclusive/unshared lens. No set rule can be followed when drafting/reviewing different contracts/agreements, as they are often case specific.
Below is a non-exhaustive list of the different types of contracts and agreements the Research Office supports:
Contracts / Agreements usually initiated / prepared by the Third Party |
Contracts / Agreements usually drafted by the Research Office | Contracts / Agreements initiated by Research Accounting |
Collaboration Agreement | Amendment | Institutional Transfer Agreement (when funds originate at UÂ鶹´«Ã½) |
Contribution Agreement | Copyright Licence | Invoicing Agreement |
Data Sharing Agreement | Delegation of Authority Agreement | |
Engagement Offer | Independent Contractor Agreement | |
Funding Agreement | Intellectual Property Agreement | |
Loan Agreement | Memorandum of Understanding | |
Material Transfer Agreement | Mutual Non-Disclosure Agreement | |
Service Agreement | Visiting Researcher Agreement | |
Standing Offer | ||
Subcontractor Agreement | ||
Institutional Transfer Agreement (when funds originate at another institution) |