Older Uniform Acts

Charitable Fundraising Act



INTERPRETATION AND APPLICATION


Purposes

1.  The purposes of this Act are,
(a)  to ensure that members of the public have sufficient information to make informed decisions when making contributions to charities or for charitable purposes;
(b)  to protect the public from fraudulent, misleading or confusing solicitations; and
(c)  to establish standards for charities and fundraising businesses when making solicitations.

Definitions


2.(1)  In this Act,

“charitable purpose” means any purpose that the law recognizes as charitable; (“fin de bienfaisance”)

Comment: Some jurisdictions will want to use a more specific definition, or to have no statutory definition so as to rely on the common law.

“charity” means an incorporated or unincorporated organization or a trust that is formed for a charitable purpose; (“organisme de bienfaisance”)

“contribution” means money, goods or services or a promise to give money, goods or services; (“contribution”)

“enforcement authority” means [minister of the Crown, public servant, or some other person or agency]; (“autorité d’exécution”)

“fundraising agreement” means an agreement between a charity and a fundraising business described in section 36; (“contrat de collecte de fonds”)

“fundraising business” means, subject to subsection (3), a person or other entity that,

(a)  is not a charity,
(b)  makes solicitations on behalf of a charity, directly or indirectly, or manages, facilitates or is responsible for solicitations made by or on behalf of a charity,
(c)  provides the services described in clause (b) for remuneration, and
(d)  in the case of an individual, is not acting as an employee of the charity; (“entreprise de collecte de fonds”)
“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“relevant offence” means,

(a)  an offence under this Act, or
(b)  an offence under any criminal or other law in force in [jurisdiction] or elsewhere that is of such a nature that, in the [enforcement authority]’s opinion, a person convicted of the offence is unsuitable to deal with contributions or to make solicitations; (“infraction pertinente”)

Comment: The defined term is used in 17, 25 and 51. Some jurisdictions may wish to include in it things that are not technically offences but involve the imposition of penalties, as in 4 (k) of Ontario’s Charities Accounting Act, which allows the court to impose on an executor or trustee “a penalty by way of fine or imprisonment” for default or misconduct, but does not actually create an offence.

“retail incentive donor” means, subject to subsection (4), a person or other entity that,
(a)  carries on business,
(b)  offers goods or services as part of its normal commercial activities, and
(c)  represents that purchasing the goods or services will benefit a charity or a charitable purpose; (“donateur du secteur du détail”)

“solicitation” means,

(a)  a direct or indirect request for a contribution in which it is stated or implied that the contribution will be used by a charity or for a charitable purpose, or
(b)  a request for a contribution through a direct or indirect offer to sell goods or services in which it is stated or implied that all or a portion of the purchase price will be used by a charity or for a charitable purpose; (“sollicitation”)

“volunteer” means a person who offers his or her services to a charity in any capacity, is accepted as a volunteer by the charity, and does not receive remuneration, directly or indirectly. (“bénévole”)

(2)  In this Act, a reference to gross contributions is a reference to gross contributions calculated in accordance with the regulations.

Comment: See s. 1 of appended model regulation.

(3)  In this Act, “fundraising business” does not include a person or other entity that provides consultation services or advice with respect to solicitations made by or on behalf of a charity but does not manage or facilitate the solicitations and is not responsible for them.

(4)  In this Act, “retail incentive donor” does not include a person or other entity that has an affinity agreement with a charity under which the person or other entity makes payments to the charity in exchange for exclusive marketing opportunities.

(5)  In this Act,
(a)  a reference to a solicitation made by a charity includes solicitations made by its employees, volunteers and other representatives; and
(b)  a reference to a solicitation made by a fundraising business includes solicitations made by its employees, volunteers and other representatives.

(6)  In this Act, a reference to a solicitation is a reference to a solicitation made in [jurisdiction].
Solicitations in [jurisdiction]
3.  A solicitation is made in [jurisdiction] if any element of it takes place in [jurisdiction].
Non-application of Act to certain solicitations

4.(1)  This Act does not apply to a solicitation that is,
(a)  made by a charity to a person who is,
  • (i)  a member of the charity at the time of the solicitation, or
  • (ii)  the spouse or child of a person described in subclause (i); or
Comment: “Spouse” and “child” may require definitions that are tailored to the law of the jurisdiction.

Comment: Some jurisdictions may wish to expand subclause 4 (1) (a) (i) to exempt solicitations made to a person (or the spouse or child of a person) who was previously a member, e.g. during the five years before the solicitation.
(b)  made in respect of a gaming activity that is authorized by a licence under the [statute dealing with gaming].
(2)  For the purposes of subsection (1), the fact that a person makes a donation to a charity is not in itself sufficient to make him or her a member of the charity.
Person in same position as charity

5.(1)  If a person makes solicitations but is not connected to any charity that is formed for the charitable purpose to which the solicitations relate, this Act applies to the person, with necessary modifications, as if the person were a charity.
(2)  For the purposes of subsection (1), the following persons are connected to a charity:
1.  The charity’s directors, trustees, officers, managers, employees and volunteers.
2.  Fundraising businesses that are retained by or on behalf of the charity.
3.  Directors, partners, officers, managers and employees of a fundraising business that is retained by or on behalf of the charity.
(3)  Subsections (1) and (2) also apply with respect to entities, other than persons, that make solicitations.

Next Annual Meeting

2020 Annual Meeting

Place to be Announced

August 9 – 13, 2020