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1. INTRODUCTION

Founded in 1998, Soulpepper Theatre Company accepts gifts in support of the Company’s artistic work, education, outreach, teaching activities and infrastructure. Gift Acceptance Policies and Guidelines apply to all fundraising activities of the Company including annual giving, planned giving, special projects, sponsorships, program-based fundraising initiatives, and capital campaigns. The charitable registration number is: 869698449RR0001.

The purpose of the Gift Acceptance Policies and Guidelines is to summarize the general policies applicable to all charitable gifts to Soulpepper, identify various channels of charitable giving, and the specific guidelines related to acceptance of each type of gift.

The Gift Acceptance Policies and Guidelines hereunder are subject to the applicable tax legislation and regulations, as amended from time to time. In case of discrepancy between the terms and conditions provided under the Gift Acceptance Policies and Guidelines hereunder and the applicable tax legislation and regulations, the latter shall prevail and shall be considered forming an integral part of the Gift Acceptance Policies and Guidelines hereunder.

2. THE DONOR’S RIGHTS

Soulpepper recognizes that the generosity of its donors gives rise to the following fundamental rights:

• To be assured that, if requested, all information about their donations will be kept confidential except for the Canada Revenue Agency, and that it will not be used for any other without express permission and that any request for anonymity will be respected;
• To be assured that any promise of an acknowledgement or recognition of their gift will be ; adhered to;
• To be assured that their gift will be used for the purposes for which it was given;
• To be informed of the identity of the members of Soulpepper’s Board and to have access to the most recent financial statements;
• To expect that all relationships with individuals representing Soulpepper will be professional in nature;
• To be informed whether these individuals are volunteers, employees or professionals hired by Soulpepper for philanthropic solicitation;
• To expect that any individual acting on behalf of Soulpepper who finds themself in a conflict of interest will declare the conflict, and allow an impartial individual to represent Soulpepper;
• To feel free to ask questions when making a donation and to receive prompt and forthright answers.

3. GIFT DEFINITION

The CRA defines a gift as a voluntary transfer of money or property for which the donor expects and receives nothing of value in return. However, individual donors to registered charities like Soulpepper are generally eligible for a charitable tax receipt subject to statutory limits, which may be claimed as a non-refundable tax credit on their income tax return.

No benefit of any kind may be provided to the donor or to anyone designated by the donor, except where the benefit is of nominal value. The CRA defines nominal value as a fair market value of less than the lesser of or 10% of the amount of the gift. It is permissible, and encouraged, for donors to receive recognition for their gift, including, playbill listings, signage, website acknowledgement, naming opportunities, and so on. Further information on donor acknowledgement and recognition is available in Section 10 of this document.

(a) Quid Pro Quo

If Soulpepper provides something of value in return for a gift (including admission to a fund-raising event), the donor’s tax receipt is reduced by the fair market value of the benefit received. For greater certainty, “something of value” in this context must meet the requirements set out in section 5 (a), (b) and (c) below.

(b) Non Gifts

The following transactions do not constitute philanthropy and are not eligible for charitable tax receipts:

(i) A gift of service;

(ii) The purchase of an item or service from the theatre.

4. MEANS OF GIVING

Soulpepper encourages and solicits contributions of cash, securities, and personal and real property, either as outright gifts, or through planned gifts vehicles in accordance with Interpretation Bulletin IT-110R3 –Gifts and Official Donation Receipts. Planned Gifts include bequests, life insurance policies, charitable trusts and gift annuities. See Section 9 of this document for acceptance guidelines on each giving vehicle.

5. GIFT DESIGNATION

All gifts regardless of value, form or designated use, should be made payable to Soulpepper Theatre Company. Donors may, in consultation with Soulpepper, choose to have their gift fully expended or may direct their gift to a specific program, department or project provided that:

(a) no benefit accrues to the donor;

(b) the directed gift does not directly or disproportionately any person not dealing at arm’s length with the donor, and;

(c) decisions regarding use of the donation within a program rest with Soulpepper.

On rare occasions, a gift may be declined as a result of the limitations proposed by the donor. See Section 10 of this document for guidelines on declining a gift.

6. INVESTMENT DISTRIBUTION POLICY

For endowed gifts, Soulpepper receives an annual distribution from its endowment which is managed by the Ontario Arts as well as endowed gifts from private giving foundations.

7. RESPONSIBILITY TO DONORS

Soulpepper holds all donors in high esteem. While seeking donations in support of organizational priorities, staff, board members and volunteers have an ethical responsibility to donors. In all cases, the interest and well-being of the donor are respected. All Soulpepper staff members, third party contractors and volunteers in fund-raising capacity will adhere to the following:

(a) Conflict of Interest

Any individual acting on behalf of Soulpepper who finds themselves in a conflict of interest must declare the conflict and allow an impartial individual to represent the organization. Soulpepper Development staff members are employed on a salary basis without commission. Volunteers represent Soulpepper without remuneration. A “Conflict of Interest” in this context is defined as a situation in which an individual has an interest or interests that potentially or actually clash with that individual’s obligations to Soulpepper.

(b) Confidentiality

All Soulpepper Development staff and Board volunteers are bound by a contract of confidentiality. Information gained during their tenure is not to be used for personal benefit or for the benefit of another organization. Soulpepper Board members and staff are recruited in part for their professional conduct and continuing commitment to ethical practice.

(c) Ethics

All professional staff, volunteers and members of the Board conduct themselves in accordance with Soulpepper’s Code of Conduct and Reporting Policy. Accuracy, transparency and integrity are the guiding standards. No representative of Soulpepper shall unduly donors to give.

(d) Professional Counsel

Soulpepper staff members, volunteers and Board members shall not provide professional counsel to donors. Rather, donors are encouraged to seek the guidance of an independent financial planner, legal advisor or tax advisor before completing a gift transaction.

(e) Stewardship and Recognition

Soulpepper will appropriately recognize all donors with a letter of acknowledgement and, if eligible, a charitable tax receipt forwarded upon receipt of the gift. Additional recognition, including playbill and website recognition, signage and plaques, and naming opportunities, will be provided in accordance with Soulpepper’s donor recognition program which is more fully described in Section 10. All requests for anonymity will be strictly honoured.

8. TAX CONSIDERATIONS

In accordance with Interpretation Bulletin IT-110R3 – Gifts and Official Donation Receipts, Soulpepper requires the following in regard to official donation receipts:

(a) Receipts

Receipts are only issued for funds that Soulpepper will have control of and be responsible for spending.

(b) Preparation of Receipts

Each receipt bears its own serial number and is signed by an authorized financial officer of Soulpepper Theatre Company. For donations of property other than cash, the fair market value of the property at the time of the gift was made, as well as the date of the gift, a description of the property and the name and address of the appraiser is required.

(c) Control of Receipts

Soulpepper and its employees guard against the unauthorized use of official receipts in keeping with the principles of practice outlined in Soulpepper’s Tax Receipting Policy.

(d) Lost or Spoiled Receipts

Soulpepper may issue a replacement for an official receipt. The replacement receipt will indicate that it is a duplicate.

9. ACCEPTANCE GUIDELINES

Development staff may accept and process general operating gifts in accordance with established departmental procedures and CRA guidelines. Gifts to established special projects campaigns may be accepted with the approval of the Director of Partnerships & Development. 

Gifts with new Restrictions:

In the case of potentially controversial gifts or donors, there may be occasions when Soulpepper may choose not to accept a gift from an organization or individual (see Section 11). Common areas of controversy include donations that are in conflict with Soulpepper’s goals, come from a corporation or individual that lacks good standing in the community, or are made with the expectation of influence over the Soulpepper’s decisions and operations.  Decisions on whether to proceed, when there is doubt on ethical or public relations grounds, preferably will be made prior to the cultivation process to ensure that time and resources are not spent on unacceptable donors.  In the case of an unsolicited gift, Development staff should use their best professional judgement in accepting all gifts from donors.  If the individual is uncertain about the appropriateness of accepting a gift of any size from any donor, they must consult with the Executive Director who may choose to consult the Board of Directors.

Soulpepper may additionally choose not to accept a gift paid by means other than cash, cheque, credit card, or publicly traded marketable securities.  If a donor wishes to make payment by some other means, then the payment method must be approved by both the Director of Partnerships & Development and the Director of Finance & HR.

The policy for accepting, processing, acknowledging and receipting gifts to Soulpepper is as follows:

(a) Gifts of Cash

All gifts of cash – cash, cheque, money order, E-transfer and credit card – are accepted by the Soulpepper.

(b) Bequests

A bequest is a provision in a will, directing assets from an estate to Soulpepper. There are several types of bequests accepted by the Company:

(i) A specific bequest provides Soulpepper a specific sum of money, stated percentage of an estate or a specific property such as real estate or securities;

(ii) A residual bequest leaves all or a portion of an estate after providing for other beneficiaries;

(iii) A contingency bequest ensures that Soulpepper receives all or a share of the estate in the event of the prior death of certain other beneficiaries;

(iv) A residual bequest subject to life interest applies when the donor chooses to have Soulpepper receive the bequest following the death of certain other beneficiaries who have use of the assets in the estate for their lifetime.

(v) The following guidelines govern acceptance of a bequest:

(i) Upon request, sample bequest language will be made available to donors and their lawyers to ensure that the bequest is appropriately designated, is deemed feasible at the time of designation, and that the proper legal title for Soulpepper is used;

(ii) A bequest in the appropriate values (as outlined in Section 9 below) can be used to create named endowment funds. Donors are encouraged to identify proposed recognition names within the context of their will, or to demonstrate their intent in alternative communication addressed to Soulpepper during the donor’s lifetime. In the latter instance, a Memorandum of Understanding confirming the donor’s wishes will be prepared for Soulpepper and the donor’s signatures;

(iii) Donors are invited and encouraged to provide information to Soulpepper about their bequest and, if they so choose, to send to Soulpepper a copy of the relevant section of their will. This will allow for appropriate recognition during the donor’s lifetime.

(iv) Soulpepper staff will not provide professional consultation to donors in the preparation of their will, or become involved in the execution or witnessing of a will in which Soulpepper is named as beneficiary. Soulpepper staff or Soulpepper may not be named as executor to a donor’s estate;

(v) During the administration of an estate in respect of which Soulpepper is a beneficiary, a representative of Soulpepper or its designate, in consultation with Soulpepper’s legal counsel, shall represent Soulpepper in its  dealings with the estate's legal advisor or liquidator;

(vi) Following receipt of the designated gift, Soulpepper will issue to the estate a charitable tax receipt in the value of the gift.

(c) Life Insurance

Gifts of life insurance proceeds may be made to Soulpepper in one of two ways:

(i) A donor may donate an existing policy by designating Soulpepper Theatre Company as the beneficiary and owner of the policy.  Soulpepper issues a charitable tax receipt for the policy’s cash surrender value, including accumulated dividends and interest. If the policy is not yet fully paid-up, the donor will generally receive tax receipts for any additional premium payments made after the policy is assigned. Upon the donor’s death, Soulpepper receives the value of the policy;

(ii) In donating a new policy that names Soulpepper Theatre Company as owner and beneficiary, the donor will generally receive charitable tax receipts for the full amount of each annual premium. Upon the donor’s death, Soulpepper receives the value of the policy;

Donors may also choose to direct the insurance proceeds from an existing or new policy to their estate and to name Soulpepper Theatre Company as the beneficiary of those proceeds in their will. As is the case with other, specific bequests, the donor’s estate would generally receive a charitable tax receipt for the proceeds of the policy.

Life insurance policies owned by the donor and naming Soulpepper Theatre Company as beneficiary or secondary beneficiary are not eligible for a charitable tax receipt. In this instance, the gift is revocable, and the designated beneficiary can be changed.

The following guidelines govern the acceptance of a gift of life insurance:

(i) Donors are encouraged to identify a preferred designation for their gift of life insurance. A Memorandum of Understanding confirming the donor’s wishes will be prepared for Soulpepper and the donor’s signatures;

(ii) The administration of a gift of life insurance will involve a representative of Soulpepper or designate. This representative or designate will:

• request a copy of the donor’s life insurance policy, confirming Soulpepper’s designation as owner and beneficiary;
• in the case of uncompleted policies, request annual, written notices of premium payment from the donor’s life insurance company.

(iii) When premiums on uncompleted policies remain outstanding, the Soulpepper representative or designate will recommend to the Executive Director or designate whether to pay the premiums or cash in the policy;

(iv) Upon receipt of confirmation of the irrevocable transfer of a life insurance policy to Soulpepper as owner and beneficiary, or receipt of annual confirmation of the policy’s paid-up status, Soulpepper will issue a charitable tax receipt for the appropriate value.

(d) Public and Private Securities

Soulpepper may accept donations of publicly traded securities listed on prescribed stock exchanges (Canadian stock exchanges or on most foreign exchanges including New York, London, Tokyo and Nasdaq) .

Transfer of securities: Upon notifying Soulpepper in advance using the Soulpepper Securities Transfer Form, the donor may instruct his or her broker to transfer securities from their account to Soulpepper’s brokerage account. Unexpected or unidentifiable transfers may be rejected for legal reasons.

The following guidelines govern acceptance of a gift of securities:

(i) Where possible, an electronic transfer of securities is encouraged. In the instance of an electronic transfer of public securities, Soulpepper’s designated brokerage representative will assess, in consultation with the Executive Director, if the securities are marketable and acceptable. Soulpepper retains the right to decline a gift of shares if the securities are deemed a liability to Soulpepper;

(ii) Gift-in-Kind tax receipts will be issued, made out to the account name from which the securities were transferred, based on the closing price of the securities on the date that the securities are received in Soulpepper’s account, minus any deductions for given benefits. This date may differ from the date the transfer is initiated;

(iii) Unless agreed otherwise in advance, the Soulpepper Securities Transfer Form states that the securities have been donated to Soulpepper without restriction and can be sold by Soulpepper in its discretion at any time considered appropriate.

(iv) In accordance with Soulpepper policy, all donated securities are sold immediately.

(e) Gifts-in-Kind

On a case-by-case basis, and with the prior approval of the Executive Director, Soulpepper may accept gifts of books, props, art collections, equipment, software or other property.

Respecting the donor’s wishes and Soulpepper’s values and needs, Soulpepper may retain the gift or sell it and apply the proceeds in a manner agreed upon by the donor.

A charitable gift receipt is issued for all gifts of property for the fair market value at the date of transfer. An independent qualified appraiser determines the value.

The following guidelines govern acceptance of a gift-in-kind:

(i) Gifts of art intended for decoration are subject to consideration and approval of the Executive Director or designate. Gifts not accepted for decoration may be accepted by the Soulpepper as a disposable asset;

(ii) Gifts of books, scripts and other like materials intended for the permanent collection of Library are subject to consideration and approval of the Artistic or Executive Director;

(iii) Gifts of furniture, props, costumes, equipment, software, or other property are addressed by the Artistic or Executive Director, who will determine whether the offered gift is acceptable;

(iv) If the donor wishes to receive an income tax receipt for a gift in kind Soulpepper requests a letter of offer from the donor before proceeding with the establishment of fair market value;

(v) Expenses associated with independent valuations will be, whenever possible, born by the donor. Expenses associated with the ongoing maintenance of the gift are the responsibility of the receiving department, library or program;

(vi) Soulpepper will seek a minimum of two independent appraisals for gifts valued at greater than $5,000. Gifts of less than $5,000 may include one appraisal. Where the gift is $1,000 or less, the CRA will accept a valuation made by a Soulpepper staff member, provided the staff member is knowledgeable in the field and is qualified to establish the value of the gift;

If the discrepancy between the two valuations is less than 10 per cent, Soulpepper will take the average of the two. In instances of a discrepancy greater than 10 per cent, Soulpepper will take the lower of the two or the donor may choose to have a third valuation conducted. In the latter instance, the average of the three values is deemed the fair market value;

If it is difficult to find an independent appraiser or if doing so would involve unwarranted expense, the CRA will accept a valuation from a qualified staff member of the charity for gifts in excess of $1,000. Evidence of attempts to secure an independent valuer or evidence of excessive expense must be provided;

(vii) The administration of a gift-in-kind will involve a representative of Soulpepper or designate in consultation with the appropriate Company contact.

(f) Charitable Trusts

Soulpepper may accept two types of irrevocable charitable trust arrangements:

(i) A remainder trust that pays the donor income from the assets (real estate, securities, cash) for life or for a number of years, and then distributes the principal to Soulpepper;

(ii) A residual trust where the donor donates an asset (personal residence, work of art, investment property) today, but retains the use of it during their lifetime.

Both remainder and residual trusts are generally eligible for charitable tax receipts. Soulpepper encourages donors to consult a lawyer or financial advisor before establishing a trust. In accordance with Section 7(d) of this document,

The following guidelines govern acceptance of a charitable trust:

(i) A trust may be established with cash or securities;

(ii) Consistent with Section 7(d), Soulpepper staff will not provide professional consultation to donors in the preparation of their trust. Soulpepper may accept both remainder and residual types of irrevocable charitable trusts. Soulpepper follows guidelines (i-vii) in accepting charitable trusts;

(iv) During the administration of a trust involving Soulpepper, a representative of Soulpepper or its designate, in consultation with Soulpepper’s legal counsel, shall represent the Company in dealings with the donor and their representative;

(v) In the instance of a gift of residual interest, the donor shall be responsible for real estate taxes, insurance, utilities and maintenance of the asset after transferring title, unless otherwise agreed by Soulpepper;

(vi) Soulpepper retains the right to inspect the property from time to time to ensure that its interest is properly safeguarded;

(vii) The donor is entitled to a charitable tax receipt for the present value of the gift calculated in current dollars. This valuation is called discounted value and is determined by actuarial calculations provided by the CRA.

(g) Charitable Gift Annuities

A gift annuity is an irrevocable transfer of money or other assets to Soulpepper. A portion of the principal is used to purchase an annuity from an insurance company. The cost of the annuity is based on the donor’s age and income requirements. The remainder of the principal is considered an outright gift used for the purpose specified by the donor. The annuity pays the donor a guaranteed income for a specific time or for the remainder of the donor’s life. Upon death, Soulpepper receives any remaining guaranteed income from the annuity, unless the donor has specified otherwise.

The following guidelines govern acceptance of a charitable gift annuity:

(i) Consistent with Section 7(d), Soulpepper staff will not provide professional consultation to donors in the purchase of an annuity;

(ii) During the administration of an annuity involving Soulpepper, a representative of Soulpepper or its designate, in consultation with Soulpepper’s legal counsel, shall represent Soulpepper in dealings with the donor and their representative;

(iii) A commercial insurance company shall be selected, and the terms of the annuity negotiated with Soulpepper designates as indicated in Section 8(h) (ii) above. Up to three quotations will be required, unless the donor indicates otherwise.

10. GIFT ACKNOWLEDEGMENT AND DONOR RECOGNITION

All eligible gifts to Soulpepper are acknowledged by a letter/email of thanks and charitable tax receipt as per Section 7 of this document – Tax Considerations. Notification of gifts may also be forwarded in writing to the Artistic Director or Executive Director, as appropriate and at the discretion of the Director of Partnerships and Development. They may further acknowledge the gift with a personal note/email.

Additional recognition may also be offered to donors meeting the following giving criteria:

(a) Donor Wall

All donors must provide written consent before public display. All requests for anonymity are strictly respected;

(b ) Annual Report

All donors contributing to all funds of Soulpepper during the Company’s fiscal year will be listed in the annual report. All requests for anonymity are strictly respected.

In certain instances, and only with the permission of the donor, recognition may include public announcements using various communication channels.

11. DECLINING A GIFT

At times, Soulpepper may choose to decline a gift. The following conditions, among others, may justify such an action:

(a) If the gift constitutes a non-gift as per Interpretation Bulletin IT-110R3, outlined in Section 3 (b) of this document;

(b) There are unusual features to the gift that are contrary with the objectives, values and goals of Soulpepper;

(c) The gift could financially or morally jeopardize the donor or Soulpepper;

(d) The gift or terms of the gift are illegal;

(e) Soulpepper is unable to honour the terms of the gift;

(f) An appropriate fair market value cannot be determined, or will result in unwarranted or unmanageable expense to the Soulpepper;

(g) There are physical or environmental hazards to Soulpepper in accepting the offered gift;

(h) The gift involves false promises on the part of either party;

(i) The gift could jeopardize Soulpepper’s charitable status;

(j) The gift could improperly benefit any individual or;

(k) There are conditions attached to the gift or an understanding sought by the donor that is unacceptable to Soulpepper.

Adopted by the 2022 Soulpepper Board

Sources: Adapted by Jean S. Stutsman from the Philanthropy Donor Bill of Rights as developed by AAFRC, AHP, CASE, AFP, and the CRA.