Older Uniform Acts

Charitable Fundraising Act



SOLICITATIONS

Hours of certain kinds of solicitation

6.  A person who makes a solicitation by telephone, in person at someone’s home or by fax may do so only between 8 a.m. and 9 p.m., in the time zone where the person to whom the solicitation is made is located.

Providing information during solicitation

7.(1)  A person who makes a solicitation by telephone, in person or by fax shall, before accepting a contribution, give the person to whom the solicitation is made,
(a)  the information set out in subsection (3), in the prescribed manner and form; and
(b)  an adequate opportunity to review the information.
(2)  A person who makes a solicitation by any other means than the ones mentioned in subsection (1) shall provide the information set out in subsection (3), in the prescribed manner and form, at the same time as the solicitation is made.
(3)  The following information shall be provided under clause (1) (a) and subsection (2):
1.  The name of the person making the solicitation, if it is made by telephone or in person.
2.  If the solicitation is made, directly or indirectly, by a fundraising business, or if a fundraising business manages, facilitates or is responsible for the solicitation,
  • i.  the fundraising business’s name and details of the remuneration it receives, and
  • ii.  details about the cooling-off period provided by section 8, and instructions for obtaining a refund under that section.
3.  The name of the charity for which the solicitation is made, or if the person making the solicitation is not connected to a charity that is formed for the charitable purpose to which the solicitation relates, details of the charitable purpose for which the solicitation is made.
4.  A statement that the other information set out in section 13 is available, and details of how it may be obtained.
5.  Any other information that is prescribed.
Comment: Adopting jurisdictions may wish to put the list set out in paragraphs 1 to 4 in the regulations instead.

Cooling-off period

8.(1)  This section applies when a person makes a contribution in response to a solicitation that is made by telephone or in person at someone’s home and,
(a)  the solicitation is made, directly or indirectly, by a fundraising business; or
(b)  a fundraising business manages, facilitates or is responsible for the solicitation.
(2)  The fundraising business shall refund the contribution in its entirety if the person who made it, within three business days after making the contribution,
(a)  makes a request for a refund to the fundraising business, in accordance with the instructions provided under subparagraph 2 ii of subsection 7 (3); and
(b)  mails or returns to the fundraising business any receipt that was given for the contribution.
(3)  When the contribution is made by cheque or credit card, the fundraising business shall not deposit or process the contribution until the cooling-off period described in subsection (2) has expired without a request for a refund.

Receipts

9.  A person who makes a solicitation shall, on request, give a receipt to a person who makes a monetary contribution of $10 or more.

Application of ss. 11-13

10.(1)  Sections 11 to 13 apply only to the following solicitations:
1.  Solicitations made, directly or indirectly, by a fundraising business.
2.  Solicitations made by or on behalf of a charity that uses a fundraising business to make solicitations on its behalf or to manage, facilitate or be responsible for solicitations made by or on behalf of the charity.
3.  Solicitations made by or on behalf of a charity during its financial year if the charity intends to raise, as a result of those solicitations, gross contributions of the prescribed amount or more in [jurisdiction] during that financial year.
(2)  Despite paragraph 3 of subsection (1) and regardless of the charity’s intent,
(a)  if a charity raises during its financial year, as a result of solicitations, gross contributions of the prescribed amount or more in [jurisdiction], sections 11 to 13 apply to solicitations made by or on behalf of the charity from the time the gross contributions reach the prescribed amount until the end of that financial year; and
(b)  sections 11 to 13 apply to solicitations made by or on behalf of the charity during a financial year if they applied under clause (a) during the previous financial year.
Comment: Re “prescribed amount”, see s. 2 of appended model regulation.

Duty to maintain records

11.(1)  A charity or fundraising business that makes solicitations shall maintain,
(a)  complete and accurate financial records of its operations in [jurisdiction], for at least six years after the solicitations are made; and
(b)  the other records that are prescribed, for the prescribed period.
(2)  The charity or fundraising business may maintain the records required by subsection (1) outside [jurisdiction] but shall maintain separate records with respect to [jurisdiction].

Financial information

12.  A charity shall prepare audited financial statements or financial information returns, as prescribed, for every financial year in which,
(a)  the charity makes solicitations; or
(b)  a fundraising business makes solicitations on the charity’s behalf, or manages, facilitates or is responsible for solicitations made by or on behalf of the charity.

General information

13.(1)  A charity shall, subject to subsection (4), provide the information set out in subsection (2) to any person who requests it, if,
(a)  the charity makes solicitations; or
(b)  a fundraising business makes solicitations on the charity’s behalf, or manages, facilitates or is responsible for solicitations made by or on behalf of the charity.
(2)  The following information is to be provided under subsection (1):
1.  Reasonable detail about the purposes for which and the manner in which the contributions received as a result of the solicitations will be used.
2.  A copy of the most recent audited financial statements or financial information returns that the charity is required to prepare under section 12.
3.  The portion of gross contributions received during the charity’s last financial year that were used directly for charitable purposes and not for the administration of the charity or other purposes, calculated in accordance with the regulations.
4.  An estimate of the portion of gross contributions received in the charity’s current financial year that will be used directly for charitable purposes and not for the administration of the charity or other purposes, calculated in accordance with the regulations.
5.  The information required under section 7.
6.  If solicitations are made on the charity’s behalf by a fundraising business, a copy of the fundraising agreement.
(3)  The charity may provide the information set out in subsection (2) by making it available for public access on a website.
(4)  If the charity does not make the information set out in subsection (2) available for public access on a website, or if the person requesting the information asks that it be provided in paper form, the charity may,
(a)  establish a reasonable fee for providing the information in paper form that is based on,
  • (i)  the cost of reproducing the documents, and
  • (ii)  the cost of postage if the documents are to be mailed; and
(b)  refuse to provide a copy of the documents unless the fee is paid.
(5)  The enforcement authority is entitled to obtain the information set out in subsection (2) in paper form without paying a fee.
(6)  The charity shall ensure that the information set out in subsection (2) remains available, during the six financial years that follow the financial year referred to in paragraph 4 of subsection (2),
(a)  in paper form; or
(b)  on a website.

Next Annual Meeting

2020 Annual Meeting

Place to be Announced

August 9 – 13, 2020