Procedure for the adoption and publication of governing documents

1. Purpose

This Procedure outlines the process for developing, approving, reviewing, and repealing governing documents, as mandated by the "Adoption and Publication of Governing Documents" Policy.

2. Scope

This Policy applies to all members of the College community engaged in the development, review, and administration of governing documents, except for unit-level documents, which are outside of the scope of this procedure and not subject to its requirements.

3. Development and Approval of Governing Documents

The Director of the administrative department responsible for the subject matter is responsible for corresponding governing documents. However, any member of the community who wishes to have adopted or reviewed a governing document may consult the appropriate Director to initiate the process. Once the Director of the administrative department (“Director”) responsible for the governing document determines the need for the development or review of such document:

• 3.1. The Director determines the process for the preparation of the initial draft of the document, which could include assigning the task to one or more members of their team, creating a cross-functional working group, or other methods deemed appropriate and in compliance with the Policy.
• 3.2. When no consultation mechanism is imposed by law or regulation, or defined within the governing document itself, the following consultation methods are to be employed:
  • 3.2.1. A policy or by-law governing a subject matter that significantly affects a broad segment of the college community, or when the governing principles found therein are likely to generate significant debate within the college community, must be submitted to college-wide consultation. It is the responsibility of the Director responsible for the governing document to determine whether the policy or by-law fits such conditions.
  • 3.2.2. When not submitted to college-wide consultation, governing documents on more specific subject matters should be submitted for consultation to relevant groups or parties of interest likely to provide insights and input to ensure the document’s relevance, clarity, and effectiveness.
• 3.3. Following the consultation process, whichever it may be, the Director or delegate prepares a second draft.
• 3.4. The second draft must be prepared respecting the templates produced by the Corporate Affairs Department.
• 3.5. The Management Executive Committee is informed of any by-law or policy revision or creation prior to it being presented to the Board.
• 3.6. Second drafts of by-laws, policies, and procedures under the Academic Dean’s purview are presented to the Academic Council for consultation and for recommendation in accordance with By-law 3.
• 3.7. Second drafts of by-laws, policies, and procedures under the purview of other Directors, and all directives, are presented to the Management Executive Committee for either approval or recommendation to the Board.
• 3.8. By-laws and policies are presented to the Board of Governors for adoption. Procedures and directives are presented to the Management Executive Committee for adoption.
• 3.9. In the case of by-laws and policies, the Director or a delegate prepares a presentation for the Board including an overview of the process followed for the preparation of the document, which must clearly state the consultation process that was followed. The Director is responsible for requesting the item be added to the next Board meeting agenda.
• 3.10. When reviewing a document for approval, the approving body (the Board of Governors or the Management Executive Committee) considers the following:
  • 3.10.1. Whether the governing document aligns with the mission, vision, and values of the College.
  • 3.10.2. Whether the governing document adheres to the requirements of the Policy “Adoption and Publication of Governing Document” and was developed in compliance with this Procedure.
• 3.11. Upon approval, the Director submits the fully formatted final draft to the Secretary General. The Secretary General then oversees the document's translation and assigns a unique number to new by-laws and policies.
• 3.12. The Secretary General updates the Governing Documents registry and files the official version of the document.
• 3.13. The Secretary General, or responsible Director, files, when appropriate, the approved by-law or policy with the Government of Quebec.
• 3.14. The Secretary General oversees the publication of the document on the College’s website.
• 3.15. Further publication and dissemination of the approved document can be arranged by the Director responsible for the governing document.
• 3.16. The Director is responsible for the implementation of the governing document.

4. Revision of Governing Documents

• 4.1. The Secretary General maintains a registry of Governing Documents in which revision dates are noted. At the end of each academic year, the Secretary General notifies Directors of the governing documents under their purview which will be due for revision in the following academic year.
• 4.2. Documents that do not include an article pertaining to their revision cycle must be reviewed every five years.
• 4.3. A Director may choose to review a governing document outside of the regular review schedule.
• 4.4. The Secretary General must provide a minimum fifteen (15) day written notice to the Board of Governors, as per Vanier College By-law 1, that a by-law will be presented for amendment.
• 4.5. After review of the document, should the Director determine that:
  • a. Revisions are required: the process defined in art. 3 of this procedure applies.
  • b. No revisions are required: the Secretary General updates the revision date in the registry.
  • c. Repeal is required: see Article 5.

5. Repeal of Governing Documents

• 5.1. In the case of by-laws or policies:
• 5.2. The Director responsible for the document receives recommendation from MEC and authorization from the Director General to move forward.
• 5.3. The Director responsible for the document sends a college-wide notice that a repeal is being considered. Should members of the community wish to oppose the repeal, they may do so within a fifteen-day period following the notice.
• 5.4. The Director responsible for the document reports back to MEC following the fifteen-day period.
• 5.5. MEC determines to recommend or not the repeal of the document.
• 5.6. Should MEC recommend the repeal, the repeal is presented to the Board of Governors and requires a motion to be finalized.
• 5.6.1. Once the motion of repeal is passed, the Secretary General removes the document from the website and updates the registry accordingly.
• 5.7. In the case of procedures and directives:
• 5.7.1. Should MEC move to repeal the document, the Secretary General removes the document from the website and updates the registry accordingly.
• 5.8. It should be noted that as a Procedure is associated to a Policy, it should not be repealed unless the parent Policy has also been repealed.

6. Review

This Procedure must be reviewed every five years.