Module 3: Legal issues

1
Module 3Legal issues

• Presented by
• Marion Grobb
• Director Communications
• CFPSA

2
3.1 Legal issues

• NPP Policy
• Annex B
• Annex C
• Annex D
• Para 4 COI
• Para 24 to 27 Approval
• DAOD 7021 CRS

3
WHAT FORM SHOULD THE ARRANGEMENT TAKE

• OPTIONS
• Contract
• Memorandum of Understanding
• Letter of Understanding
• Sponsorship Summary and Approval Form

4
WHAT IS AN MOU/LOU

• A co-operative arrangement that is
• written
• low-level
• non-contractual
• non-legally binding
• but morally or politically binding

5
WHEN IS AN MOU /LOU APPROPRIATE

• When you will never need or want to enforce the
  provisions of the arrangement in a court of law

6
WHO CAN ENTER INTO AN MOU/LOU WITH THE CFPSA/NPF

• Government Departments other than DND
• Crown corporations / agencies
• Provincial, municipal or regional governments
• Private industry

7
WHAT NAME DO WE USE FOR THE CFPSA IN AN MOU/LOU

• ANNEX C Her Majesty the Queen in Right of Canada
  as represented by the (B/W/U Cmdr) in his NPP
  capacity through the (B/W/U) NPF
• ANNEX D as represented by the CDS in his NPP
  capacity through the CFPSA

8
LANGUAGE TIPS

• Simple, clear, completeDo not use Do use
• -agreement - arrangement
• -agrees - will
• -obligations - responsibilities
• -parties - participants
• -rights - benefits
• -shall - will

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OTHER CONSIDERATIONS

• Be sure to maintain auditable records
• Although not legally binding always treat as if
  legally binding
• Should maintain an inventory of agency MOU/LOU
• Must be certain person signing has delegated
  authority to sign

10
DOCUMENT STRUCTURE

• Certain sections should be viewed as mandatory
• Introduction
• Objectives and scope
• Financial arrangements
• Settlement of disputes
• Amendment
• Duration, withdrawal and termination
• Effective date and signature

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OPTIONAL SECTIONS

• Table of contents
• Legal disclaimer
• Definitions
• Organization and management
• Taxes, customs, duties
• Disclosure and use of technical information
• Liability
• Equipment
• Security
• Access to establishments
• Additional participants

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EXCERPTS

• TB POLICY
• Must use donations for purpose for which made
• Avoid relationships with donors and sponsors that
  do not bear public scrutiny
• May use request for expressions of interest
• DAOD 7021-4
• Does not apply to NPP activities
• But COI guidelines must be respected