The Informal Public Appeals Act

This Act applies to informal public appeals directed to the public for the purpose of raising funds for charitable or non-charitable purposes. The Act operates as a default scheme for informal public appeals and, with minor exceptions, only applies to the extent that it does not conflict with the terms of the public appeal or a governing authority of the public appeal, such as a trust document. Registered charities and similar organizations recognized by Canada Revenue Agency are exempt from the Act.

The Act:

  • confirms that a public appeal fund is subject to a trust and verifies the enforceability of the trust even if the same object would be unenforceable pursuant to the general law of trusts;
  • provides for a model trust document to apply in default where no trust document has been created with respect to a fund;
  • sets a mandatory maximum duration of 80 years for non-charitable trusts;
  • allows certain persons, including donors, to commence court proceedings to enforce a trust;
  • provides a scheme to distribute surplus funds or to return surplus funds to donors in appropriate circumstances;
  • creates a power for the courts to direct the distribution of surplus funds in appropriate circumstances;
  • sets out the powers and duties of trustees; and
  • provides regulatory authority to create forms.

Appendix TRUST DOCUMENT [Section 3]


  1. Governing Statute This Trust Document is made pursuant to The Informal Public Appeals Act (the Act).
  2. Name of Trust Fund This Trust Document concerns a fund called the Fund (the Fund).

Bear Care- for Khyra Burgess

  1. Terms of the Public Appeal
  2. How the Fund Came into being

The Fund was created because:

Health System and supports are exhausted.  Khyra needs caregivers for her medical needs, mom  has fallen ill due to long term chronic stress.  Family needs help.

  1. Date of Public Appeal

A public appeal for donations to the Fund [was made/will be made] on August 11th, 2015 .

  1. Objects of the Fund

The objects of the Fund are:

  • funding for caregivers
  • funding for travel expenses related to medical needs
  • funding for maintenance of the web page to seek out supports and to provide both education and supports to families alike
  • funding for household accommodations to accommodate Khyra
  • anything to support a quality of life for Khyra Burgess


3 d. Duration of the Fund

The duration of the Fund is:

  • Until supports are no longer needed.
  1. Surplus Money Subject to subsections 12(5) and 13(3) of the Act, any surplus will be distributed as follows:
  • Will go into the continued efforts and development of the website to support and educate families, educational institutions and health  institutions


SIGNED by the following persons as Trustees of the Fund on August 11th, 2015

(Print name) Terry Burgess (Mother to Khyra and Founder of BearCare

(Signature)   Terry Burgess

(Address)   ****  ******* ***, Regina, Sk. S*X 1*3

(Telephone)   (306) 527-8400

(Email [if any])