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Restricted Gifts - Managing the Opportunities and Dangers of Restricted Charitable Gifts

Restricted gifts are common and can in certain circumstance undermine the operations of the charity and the precious resources donated by philanthropists

In a highly competitive charitable fundraising environment it is important that charities have a plan to deal with restricted gifts. Gifts may be restricted as to their purposes (e.g. Scholarships) and to the timing of their expenditure (e.g. Long-term endowments). In this course we will look at:

  • Defining restricted gifts – legal and practical definitions
  • The strategic decision as to whether and how to accept restricted gifts
  • The regulatory framework for restricted gifts
  • Structuring donor and funding agreements
  • Applying new rules on existing endowment funds
  • The dangers of restricted funds and how they can perpetually haunt you.
  • Suggestions for avoiding problems with restricted gifts and some case studies on restricted gifts

  • This course will be of interest to charities including their board members, fundraising staff and financial management personnel. It will also be helpful to philanthropists and their advisors considering how to have maximum impact with their gifts and avoid major mistakes with gifts.


    Your Instructor


    Mark Blumberg
    Mark Blumberg

    Mark Blumberg is a partner at the law firm Blumberg Segal LLP (Blumbergs) in Toronto and works almost exclusively advising non-profits and registered charities on their work in Canada and abroad.Mark has written numerous articles, is a frequent speaker on legal issues involving charity and not-for-profit law and is the editor of www.CanadianCharityLaw.ca and www.globalphilanthropy.ca™ – Canadian websites dedicated to news about the Canadian charitable sector as well as legal and ethical issues for Canadian charities operating in Canada or overseas.He also manages www.charitydata.ca and www.smartgiving.ca.

    Mark is particularly interested in the regulation of non-profits and charities in Canada, philanthropy, transparency requirements for the voluntary sector, providing accessible information on regulatory issues, and the use of data to make more informed decisions on the charity sector.

    Mark is quoted regularly in print media and appears frequently on radio and television on topics relating to philanthropy and the regulation of charities in Canada.Mark has also appeared on a number of occasions in front of the House of Commons Standing Committee on Finance on topics such as charity regulation, transparency, accountability and tax incentives for philanthropy. Mark has also made presentations to the Charities Directorate Annual All Staff Meeting as well the Annual Divisional Staff Meeting of the Determinations Section of Charities Directorate. Mark has presented to the Financial Action Task Force (FATF) when the FATF conducted an evaluation of anti-money laundering and counter-terrorism in Canada in 2015. Mark has testified at the Special Senate Committee on the Charitable Sector and the Standing Senate Committee on National Finance.

    Mark is on the Charities Directorate Technical Issues Working Group, which is a bi-annual meeting between the Charities Directorate, the Department of Finance and the charity sector to discuss technical and policy issues pertaining to registered charities and the Income Tax Act (Canada). Mark is a member of the Exempt Organizations Committee of the American Bar Association.Mark spent 6 years on the Advisory Committee for the Master of Philanthropy and Nonprofit Leadership (MPNL) at Carleton University.Mark is on the Board of the Canadian Charity Law Association.

    Mark has co-authored 20 Questions Directors of Not-for-Profit Organizations Should Ask About Mergers (Published by CPA Canada) and co-wrote a chapter on International Trends in Government-Nonprofit Relations: Constancy, Change, and Contradictions in Nonprofits and Government: Collaboration and Conflict.

    Mark lectures frequently to various industry and professional groups on charity compliance issues including the Chartered Professional Accountants Canada (CPA Canada), as well as CPA Ontario, BC and Alberta, Canadian Bar Association, Ontario Bar Association, Canadian Association of Gift Planners, Association of Fundraising Professionals, Community Foundations of Canada, Ontario Hospital Association, and Ontario Non-profit Network.

    Mark has also presented to and for organizations such as the APRA Canada, CanadaHelps, Canadian Charity Law Association, Canadian Environmental Grantmakers Network, Canadian Red Cross, Care Canada, Carleton University, Chapel and York, CharityVillage, Circle on Aboriginal Philanthropy, CIVICUS, Charity Law Information Program, various community foundations, the Estate Planning Council of Toronto, Federated Press, Canadian Institute, Humber College, Laidlaw Foundation, Law Society of Upper Canada, OCIC, Osgoode Hall Law School, PAGER, Volunteer MBC, Pillar Nonprofit Network, PWC Canada, RBC Foundation, Regional Diversity Roundtable of Peel, Ryerson University, The Schulich School of Business, Strategy Institute, United Jewish Appeal of Greater Toronto, United Way Canada, Universite de Montreal, University of Toronto, Vitalize, and World Vision Law Day.

    Mark has a B.A. in Political Science from the University of Toronto, an LLB from the University of British Columbia and a LLM from Osgoode Hall Law School in Tax Law.


    Frequently Asked Questions


    When does the course start and finish?
    The course starts now and you will have access to it for at least one year! It is a completely self-paced online course - you decide when you start and when you finish.
    What if I am unhappy with the course?
    We would never want you to be unhappy! If you are unsatisfied with your purchase, contact us in the first 30 days and we will give you a full refund.

    Get started now!