Memorandum of Agreement 2018-2023

The Memorandum of Agreement is the legal document that describe how the EUS can operate within McGill. It covers everything from the spaces we rent to the permitted publications, who can use the McGill name, and more. It is renewed every 5 years, most recently renewed in 2018; next negotiations will begin in 2023. If you have any questions regarding the MoA, feel free to contact the Board of Governors at board@mcgilleus.ca.

The document here is a transcribed version of the MoA, please navigate to the full version using the drive button.

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MEMORANDUM OF AGREEMENT made and entered into at the City and District of Montréal, Province of Québec

BETWEEN McGILL UNIVERSITY, a university duly constituted by charter, having its principal office at 845 Sherbrooke Street West, in the City and District of Montréal, Province of Québec,
(hereinafter referred to as the "University")

AND THE ENGINEERING UNDERGRADUATE SOCIETY OF McGILL UNIVERSITY INC. / L'ASSOCIATION DES ÉTUDIANTS ET ÉTUDIANTES EN GÉNIE DE L'UNIVERSITÉ McGILL INC.) having its principal office at 3480 University Street in the City and District of Montréal, Province of Québec,
(hereinafter referred to as "the Association")

WHEREAS the University is committed to protecting the rights of the undergraduate student body as represented by the Association;

WHEREAS the University recognizes student groups as integral members of the University community;

WHEREAS the University and the Association are committed to preserving their positive relationship and in preserving the particular nature of the student associations, and in consequence, the present agreement is to be interpreted and acted on the basis of good faith;

WHEREAS a referendum of members of the Association approved the collection of fees for its operating expenses and the support of its activities;

WHEREAS on December 18, 2002, the Association was accredited under the Loi sur l’accréditation et le financement des associations d’élèves ou d’étudiants (L.R.Q. chapitre A-3.01) as l’Association des d’étudiants et étudiantes en génie de l’Université McGill de premier cycle (Engineering Undergraduate Society of McGill University);

WHEREAS the Association was incorporated on April 6, 1990 by Letters Patent issued pursuant to Part III of the Companies Act (Quebec) (L.R.Q., chapitre C-38) [ NEQ 1144071959 ]; and

WHEREAS the University and the Association entered into a memorandum of agreement for a term beginning on June 1, 2013 and ending on May 31, 2018, and now wish to enter into a new agreement in replacement of the previous agreement;

NOW THEREFORE, THE PRESENT AGREEMENT WITNESSES:

1. COLLECTION OF ASSOCIATION FEES

1.1. The University shall collect in each of the fall and winter sessions during the term of the present Agreement all fees from engineering students duly registered at the University, such fees (the "Association Fees") to be used by the Association for its operating expenses and the support of the Association. The current Association Fee Schedule appears as Appendix AXXX hereto. The Association represents all undergraduate engineering students from the Faculty of Engineering, including undergraduate students from the School of Architecture.

1.2. The Association Fees shall be included in the total student fee assessed by the University in respect of students and all University regulations pertaining to the assessment and collection of fees shall apply thereto.

1.3. The Association Fees shall be distributed yearly as follows:

• The first distribution of the Association Fees shall be paid to the Association on September 15 and shall reflect fee assessments from June 1 to August 31st.

• The second distribution of the Association Fees shall be paid on November 15th and shall reflect the balance of the Fall Term assessments as at October 31st. There shall be no holdback of fees for either of these remittances.

• The third distribution of the Association Fees shall be paid on February 15th and shall reflect the Winter Term fee assessments as at January 31st. An amount equal to 10% of the amount to be paid as the third distribution shall be held back by the University to account for changes in student registration occurring from February 1st to May 31st.

• The final distribution of Association Fees shall be paid on June 15 and shall reflect the assessment as at May 31st, less the 1% fee for bad debt charges (in accordance with section 1.4), the Annual Administrative Fee (in accordance with section 1.4) and any other amounts owed to the University as at May 31st.

1.4. No charges shall be levied by the University for the collection of the Association Fees; however, the University shall be entitled to receive 1% of the total fees assessed in each term as relief for the collection of bad debts. At the request of the Association, the University shall provide the Association with information on the level of bad debt resulting from its members.

1.5. Upon prior written agreement of the parties, the Association Fees may be credited to an internal account of the University for the Exclusive Use of the Association.

1.6. No adjustments to the Association Fees shall be applied, collected or distributed by the University unless they are consistent with all University procedures and regulations pertaining to the assessment, collection and distribution of fees, and the Deputy Provost (Student Life and Learning) has confirmed in writing that the formalities required by the Association’s constitution for fee adjustments, by the University and by applicable law have been followed.

1.7. All requests for new fees or fee changes must be sent in writing to the Deputy Provost (Student Life and Learning) by April 1 for implementation in the Fall term and by November 20 for implementation in the Winter term.
As soon as possible, but no later than three (3) calendar weeks prior to the deadline for submission of a question for a referendum, the Association shall provide the Deputy Provost (Student Life and Learning) with a copy of the proposed question, and the Deputy Provost (Student Life and Learning) shall reply within one (1) calendar week of receipt of the referendum question. If the University has any concerns, the parties shall resolve the matter to their mutual satisfaction. In the event the University has continued concerns, the Association shall modify or withdraw the question.

2. ACCOUNTING SERVICES

2.1. The University shall provide certain accounting services to the Association for an Annual Administrative Fee in accordance with the schedule contained in Appendix B. This fee is subject to an annual review by the University. The services to be provided on Minerva will include the following:

2.1.1. Monthly trust fund statements indicating fee revenues, distributions and expenses resulting in year to date totals.

2.1.2. Provision of regular lists on the Association's membership on a scheduled basis; weekly in August/September and monthly the remaining months.

The Association shall request security access at the beginning of their mandate to access Minerva reports. The President of the Association must authorize all requests for access, and should the President require access, then two vice-presidents of the Association must authorize his/her request. Security authorization to Minerva reports shall terminate each year on June 15th. Employees of the Association who have been given access may keep their access upon confirmation by the current year’s President.

2.2. Should the Association require any other lists, data sets or any other type of information on their membership or its trust fund statements not already provided for in article 2.1 above or elsewhere in this Memorandum of Agreement, the University shall give effect to the request to the extent allowed by law and subject to the payment of an appropriate fee, and upon reasonable prior notice of at least three (3) calendar weeks sent to the Director, Student Accounts Office. This fee will be identified prior to fulfilling the request. The University is subject to the provisions of the Québec Act Respecting Access to Documents held by Public Bodies and the Protection of Personal Information and therefore reserves the right to refuse to give effect to a request.

2.3. Notwithstanding article 2.1, should any programming changes be required to be performed by the University's Network Communications Services (“NCS”) at the request of the Association, the University reserves the right to charge the Association the established hourly rate for the work to be performed.

2.4. The University will not draw any funds from the account maintained by the University for the use of the Association or from the fees collected by the University for the Association without the Association's prior written approval, unless exercised as a remedy pursuant to article 8.1 hereto.

3. LOANS AND GRANTS

The Association may apply to the University from time to time for loans and grants in aid of activities or projects, the granting of which shall be in the sole discretion of the University.