2011/12 Charity Law Seminar Series Charities struggle with many of the same operational and human

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1 2011/12 Charity Law Seminar Series Charities struggle with many of the same operational and human resource challenges facing any other business, but they also operate in a highly regulated environment. Once registered as charities, not only must they comply with the financial and reporting requirements set out in the Income Tax Act (Canada) and in relevant provincial legislation, but they also must satisfy the Canada Revenue Agency ( CRA ) on an on-going basis that their activities/programs continue to be charitable. In addition, most charities depend on fundraising, which presents a high level of risk of liability for charities and for their directors and officers. On top of all of that, the common law imposes special obligations on the directors and officers of charities. The Charity Law Seminar Series will provide participants with a good understanding of the legal and regulatory environment within which charities and non-profits operate, and will assist charities in grappling with some of their most pressing human resource issues. While each seminar will have a distinct focus, participation in all five will provide participants with a comprehensive overview of charity law issues. The Charity Law Seminar Series will be held in the 580 Main Meeting Room at United Way of Winnipeg, 580 Main Street.

2 SemINAR 1 Introduction to Charity Law Date: Wednesday, November 16, 2011 Register at: This introductory session will examine what it means to become and maintain charitable status according to criteria set forth by common law and Canada Revenue Agency guidelines. The session will expose some of the common pitfalls in maintaining charitable status, examine legal obligations of being a registered charity and discuss strategies for avoiding problems down the road. SemINAR 2 New Rules for Administering Charitable Receipts and Expenditures Date: Wednesday, January 18, 2012 Register at: The 2010 Federal Budget proposed several changes to the charitable and capital expenditure rules as well as the antiavoidance rules and disbursement quota. This seminar examines these changes and help charities prepare to adjust their administration practices, ensuring operations continue to adhere to the CRA guidelines while capitalizing on the advantages of the recent amendments. SemINAR 3 Legal Risk in Charitable Fundraising Date: Wednesday, February 15, 2012 Register at: This session examines the legal considerations involved in fundraising. It will look at the statutory framework regulating fundraising, as well as the Fundraising Guidelines established by the Canada Revenue Agency in It also will review receipting, donor restricted gifts, duties and risks associated with directors and volunteers, donor rights, challenges to traditional fundraising from non-traditional sources, risk management and other issues. 2 / 5

3 SemINAR 4 Legal Issues in Human Resource Management Date: Wednesday, march 14, 2012 Register at: The seminar will address appropriate approaches to investigating misconduct, the imposition of effective progressive discipline, procedural requirements relating to discipline and appropriate implementation of terminations. It also will discuss the issue of accommodation for employees with disabilities and examine some of the potential pitfalls. SemINAR 5 Administrative Law Principles Date: Wednesday, April 18, 2012 Register at: Charities and non-profits are often drawn into working with or appearing before government actors, including policy makers and administrative tribunals. This seminar will focus on understanding the processes as well as on the procedures you should use when making decisions that affect the rights and interests of others to ensure fair decisions for example, in situations of workplace conflict. 3 / 5

4 The Charity Law Seminar Series is sponsored by United Way and Thompson Dorfman Sweatman LLP, and presented by the following lawyers and Professors: Jan Lederman ms. Lederman s practice is concentrated in the area of corporate and commercial law with an emphasis on transactional work, including mergers and acquisitions, project development, venture capital, private equity investment transactions and public and private debt and equity financings. She has extensive experience in developing innovative development structures and strategically planning negotiations with multiple stakeholder groups. Jan also acts for co-operatives, non-profits and charities and teaches Charity Law at the University of manitoba. Leilani Kagan ms. Kagan s practice is focused on corporate and commercial transactions, including mergers, acquisitions and securities matters with a primary focus on owner-manager taxation issues, corporate reorganizations, estate planning, trusts and commodity tax issues. ms. Kagan s practice includes charities and non-profit organizations. Robin Kersey mr. Kersey s practice is focused primarily on provision of advice to and acting as counsel for management in the areas of employment and labour law. He provides advice on all aspects of employment and collective bargaining relationships including employment agreements and employee manuals, collective bargaining and collective agreement administration, discipline and terminations and grievance arbitration. mr. Kersey acts as counsel for employers in proceedings before the courts, arbitrators, labour boards and human rights tribunals. In addition, he occasionally acts for senior executives in wrongful dismissal matters. 4 / 5

5 Adrian Frost mr. Frost s practice is focused in the areas of labour and employment law. He acts as counsel and provides advice on all aspects of employment and collective bargaining relationships, including employment agreements and employee manuals, terminations and wrongful dismissals, grievance arbitration, collective bargaining and collective agreement administration and proceedings before labour boards and human rights tribunals. Karen Busby With the University of manitoba since 1988, Professor Busby s research and teaching interests include constitutional law, in particular human right and equality law, civil procedure and administrative law. The equality law research is action oriented, inter-disciplinary and collaborative; civil procedure research involves conventional legal scholarship; administrative law marries law and politics. Peter J. Glowacki mr. Glowacki s practises primarily in the areas of wills, trusts and estates law, including all aspects of estate planning, administration and litigation. In addition, he is actively involved in charity and notfor-profit law and also corporate and commercial matters. Called to the Bar in manitoba in 1992, Peter acts as counsel to The Winnipeg Foundation and was an organizer and presenter at Kaizen 2007 and Kaizen 2011, the Canadian Association of Gift Planners manitoba gift planning conference. Peter is an elected council member of the manitoba Bar Association, the Secretary of the CBA National Charity and Not-for-Profit Section, the Co-Chair of the mba Wills and estates Section, on the Board of Directors of the Winnipeg Branch of STeP (Society of Trust and estate Practitioners) Canada and is Chair of the Lawyers section of the Professions Division for the United Way of Winnipeg campaign. 5 / 5