Policy 10

1.    PURPOSE

1.1    The University of Ottawa (the “University”) is a charitable organization, registered with the Canada Revenue Agency under charitable registration number 119278877RR0001, whose mission is the advancement of education and research.  The University welcomes philanthropic contributions that enable it to achieve its mission.

1.2    This Policy provides guidance governing the acceptance of Gifts by the University for the benefit of its mission, operations, programs or services and to ensure that Gifts made to the University are managed appropriately, in accordance with the highest ethical standards, taxation laws and Canada Revenue Agency requirements.  

2.    APPLICATION

2.1    For the purposes of this Policy, “Gift” means a philanthropic contribution made to the University where there is an irrevocable and voluntary transfer of property made by a donor to the University (including but not limited to cash and cash-equivalents) for the sole purpose of benefiting the University’s mission and the donor will receive no substantial advantage in return subject to the exception of the donor receiving recognition commensurate with the Gift and applicable University recognition and naming policies and procedures.

2.2    This Policy applies to all Gifts. This Policy applies to all fundraising activities on behalf of the University, and additionally to every unit of the University and any person authorized by, or acting on behalf of the University, to solicit and accept Gifts.

2.3    This Policy does not apply to the following:

a)    research grants that are administered by the Office of the Vice-President, Research and Innovation and governed by University Policy 48 – Administration of Research Grants and Contracts. 

b)    a contribution (financial or other) made by an external entity to the University in exchange for the University allowing the external entity to advertise and promote its brand, products or services to the University community and other forms of sponsorship governed by University Policy 120 – Sponsorships.  
c)    a contribution of services to the University (for example, donated time, skills or effort) free of charge to the University or without any other benefit in return. Canada Revenue Agency does not recognize a contribution of services as property and therefore they do not qualify as a Gift under this Policy and do not qualify for purposes of the University issuing an Official Charitable Donation Receipt.

d)    donor recognition, such as in the form of a naming of a University asset under Policy 100 – Naming Policy;

e)    cause-related marketing, where University works with a for-profit partner to promote the sale of the for-profit partner’s items or services on the basis that part of the revenues will go back to the University (for example, affinity agreements);

f)    any other form of contribution or support to the University (financial or other) not covered by this Policy that are covered by another University policy or governed by other applicable laws.

3.    FUNDRAISING AND GIFT SOLICITATION 

3.1    The President, the Vice-President Advancement, University staff, agent, contractor or volunteers authorized by the President or the Vice-President, Advancement, shall have the authority to solicit Gifts on behalf of the University in compliance with this Policy (“Authorized University Representatives”). 

4.    RESPONSIBILITY TO DONORS

4.1    Authorized University Representatives working with donors and prospective donors must adhere to the Association of Fundraising Professionals’ Code of Ethical Standards and must conduct themselves in accordance with professional standards of accuracy, truth and integrity.

4.2    The University collects and treats information from a donor in confidence and in accordance with University Policy 90 Access to Information and Protection of Privacy and applicable access to information and privacy laws.

4.3    The University will respect the wishes of any donor choosing to make a Gift anonymously and will endeavour to take all requisite steps to do so, subject to applicable laws and Canda Revenue Agency requirements.

4.4    The University encourages all prospective donors to seek advice and guidance from their own financial, legal or other relevant professional advisors relating to their Gift. The University will not provide advice about the tax or other treatment of the Gift and any legal counsel employed or engaged by the University to advise on the Gift does not act on behalf of the donor.

5.    GIFT TYPES

5.1    The University welcomes philanthropic support and recognizes that such support is vital to advancing its mission and enhancing its programs and services. The following types of Gifts can be considered for potential acceptance by the University in accordance with this Policy:

a)    unrestricted Gifts of cash and cash equivalents, including foreign currency (cheques or money orders must be made payable to the University of Ottawa and may not be made payable to any University employee or other individual representing the University). 

b)    Gifts-in-kind, meaning a type of Gift of property, other than cash and cash equivalents, such as real estate, equipment, supplies, books, artwork, and other items, owned by a donor.

c)    Publicly traded securities.

d)    Deferred Gifts and/or estate Gifts, meaning a type of Gift where the University is designated as a beneficiary to receive, at some time in the future, payment(s) or benefit(s) under a bequest from the will of a deceased person, a qualified retirement plan, a life insurance policy, a registered account or trust or life income gift, for example,  bequests, qualified retirement plan beneficiary designations, life insurance policies, annuities, and any other Gifts with life income.

e)    Cryptocurrencies and any future cash-equivalents that meet the definition of Gift under this Policy and applicable laws are subject to determination by internal procedures with approval from the Administration Committee, following the recommendation of the Vice-President, Advancement.

f)    other Gifts that directly serve the need of the University and determined to be in the best interest of the University.

6.    DISCRETION TO ACCEPT GIFTS

6.1    The University’s acceptance of any Gift is at the discretion of the University. 

6.2    Gifts made with a philanthropic intent should not be given any expected benefit or influence over University activities or operations in return for the Gift, including conducting business with the donor(s) or involvement in gift management and decision-making.

6.3    The University values its integrity, autonomy, and academic freedom and will not accept any Gift that compromise these principles. If a Gift is contrary to the University’s best interests, the Vice-President, Advancement may request revised terms or decline the Gift.

6.4    The University will not accept any Gift unless it can be used or expended consistently with the University’s purpose and mission or if it may, 

a)    jeopardize the University's status as a registered charity under the Income Tax Act (Canada) or violate the University's policies, or federal, provincial, or municipal laws; or

b)    impose an unreasonable or undue financial, operation or legal burden on the University or other restrictions that prevent the effective use or administration of the Gift; or

c)    present an actual or perceived conflict of interest, including without limitation, University staff directly or indirectly receiving a personal benefit; or

d)    damage or compromise the University’s reputation, brand, integrity, autonomy; or

e)    provide special consideration to the donor or to anyone designated by the donor, the University’s affairs, including but not limited to, employment, appointment (whether paid or unpaid), admission into a program, research activities; or

f)    otherwise found inappropriate or inadvisable.

6.5    In deciding whether to accept a Gift, the University will consider any obligations or liabilities posed by the Gift for the University, including but not limited to the following, as applicable to the type of Gift:

1)    carrying costs, including maintenance, repairs, other operational or administrative costs

2)    cost of insurance

3)    storage and transportation costs

4)    marketability and cost of selling

5)    ongoing fiduciary obligations

6)    environmental liabilities for Gifts of real property

7)    issues with title or ownership

8)    reputational harm from accepting the Gift

9)    compliance with University policies and applicable laws

10)    restrictions on use of the Gift (imposed by the donor or legally, such as conditions, covenants, easements, liens or other encumbrances).

6.6    The University’s acceptance of a Gift does not constitute endorsement by the University of the donor’s views, opinions, businesses, or activities.

7.    VALUATION OF GIFTS 

7.1    Where appraisals are needed to determine the value of the Gift, the donor shall, in most circumstances, be responsible for obtaining an independent appraisal from a professional appraiser, valuator or other individual who are qualified in the field of valuation and who have knowledge about and are active in the marketplace for the specific property. The Vice-President, Advancement may decide to require a second or further appraisal, if needed.  

7.2    Any appraiser should not be associated with the donor, the University or another party associated with the donation of the Gift and must prepare a proper and written valuation report based on the principles, theories, and procedures of the applicable valuation discipline and follow the standards of the profession.

8.    GIFT ACCEPTANCE 

8.1    The acceptance of a Gift by the University must be agreed to by the University and approved in accordance with University’s Board By-law No. 3 (2020) on the delegation of approval of contracts and signing authority, as amended from time to time.

8.2.    The Advancement unit will consult with relevant University units to consider their ability to fulfil any obligations associated with a Gift. 

8.3    Donors may be considered for advisory role on a University committee on a case-by-case basis, provided that the role does not give the donor control over their Gift and that their role complies with University policies and principles of academic freedom. 

8.4    Once the University has accepted the Gift, 

a)    the Gift vests in the University, regardless of whether the Gift is for the general benefit of the University or for a specific University faculty, service, unit or purpose; and

b)    the University is free to use, process, or otherwise dispose of the Gift as it sees fit, subject to the terms of the written agreement between the University and the donor in respect of the use or purpose of the Gift and to the University’s policies, procedures, academic regulations and practices.  The University will make efforts to respect the intent of the donor if the original purpose or use of the Gift becomes impossible or impractical.  

c)    The University may apply an administrative fee to the Gift to support the University’s advancement activities.  In such case, the Administration Committee is responsible for approving the amount of the administrative fee to be applied to the Gift.  The Advancement unit is responsible for informing the donor. 

9.    OFFICIAL CHARITABLE DONATION RECEIPTS

9.1    The University will provide an official charitable donation receipt to donors meeting the applicable Canada Revenue Agency requirements for property received by the University as a Gift.  Official charitable donation receipt means a written statement issued by the University to a donor that made the Gift to the University for income tax purposes stating that it is an official receipt and containing the following information:

1)    the University’s name, address and charitable registration number issued by Canada Revenue Agency

2)    a brief description of the Gift, the amount of the Gift or in the case of a Gift-in-kind, the fair market value of the Gift-in kind at the time it was made

3)    the full name and address of the donor

4)    the date the Gift was received by the University

5)    the amount and description of any advantage received by the donor

6)    the date the receipt was issued by the University

7)    the signature of the University staff authorized to acknowledge receipt of the Gift.

9.2    The University’s Advancement Office is responsible to determine, in consultation with University Legal Counsel and any other academic or administrative unit as appropriate, whether a Gift qualifies for an official charitable donation receipt and if so, for the issuance of all official charitable donation receipts to the donor. 

9.3    The University will notify donors concerning any unfulfilled Gift payments/pledges, where possible. If, for any reason, a  Gift payment/pledge is not fulfilled as outlined in a gift agreement between the University and the donor and it is not possible to come to a new agreement with the donor, the University will have the authority to redirect any portion of the Gift toward one or more of the areas designated in the gift agreement, or other purpose(s) which is/are, in the University’s opinion, consistent with the spirit and intent of the donor's Gift. Any such change shall be reviewed and approved by the University Advancement Office in consultation with the affected unit(s), University Legal Counsel and University senior leaders, as applicable.

10.    RESPONSIBILITIES

10.1    The Vice-President, Advancement is accountable for the implementation of this Policy. 

10.2    The Vice-President Advancement is responsible for the coordination of University fundraising programs, including oversight of University Representatives associated with the management of the identification, cultivation, solicitation and stewardship of all donors. 

10.3    University Representatives are responsible for:

1)    soliciting and accepting Gifts in accordance with this Policy, any Procedure adopted pursuant to it and other applicable University policies and procedures.  

2)    identifying emerging issues related to a Gift.  

10.4    The Vice-President Advancement shall have the authority to set minimum funding amounts required for the naming of a fund (endowed and non-endowed) in recognition of a Gift to the University.

11.    REVIEW 

11.1    This Policy shall be reviewed every five years or as necessary. 

12.    APPROVAL AND AMENDMENTS: 

12.1    The Vice-President, Advancement is responsible for recommending amendments to this Policy for approval by the Board of Governors. 

12.2    Notwithstanding section 12.1 of this Policy, the Secretary-General may amend this Policy without the need to submit such amendment to the Board of Governors for approval if such amendment is required to:

a)    update or correct the name or title of a position, unit, law, regulation, policy, procedure or authority; or

b)    correct punctuation, grammar, typographical errors, revisions to format and other technical revisions, where appropriate, if the correction does not change the meaning of a provision or make such other correction if it is patent both that an error has been made and what the correction should be; or

c)    correct the form of expression of a provision in French or in English to be more compatible with its form of expression in the other language; or

d)    conform with or arising from another University by-law, resolution, policy or procedure.

12.3    The Vice-President, Advancement may establish, amend, abrogate procedures for  purposes of the effective implementation of this Policy, provided that such procedures are consistent with the provisions of this Policy.