Older Uniform Acts
- Charitable Fundraising Act
- Interpretation & Application
- Fundraising Businesses
- Fundraising Agreements
- Retail Incentive Donors
- Powers of Enforcement Authority
- Suspension, Cancellation & Imposition of Conditions
- Regulation Made Under the Uniform Charitable Fundraising Act - General
- Schedule - Standards of Practice
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Registration requirement, solicitations to individuals and corporations
14.(1) No charity shall make a solicitation to an individual or corporation unless the charity is registered under this Act.
(2) A charity that is a registered charity under the Income Tax Act (Canada) is deemed to be registered under this Act.
(3) For the purposes of this section, a solicitation made to an individual includes a solicitation made to an individual who operates a sole proprietorship or is a partner in a partnership.
(4) This section does not apply to a charity during a financial year if the charity intends to raise during the financial year, as a result of solicitations it makes in [jurisdiction], gross contributions of less than the prescribed amount.
(5) Despite subsection (4) and regardless of the charity’s intent, if a charity raises during a financial year, as a result of solicitations, gross contributions of the prescribed amount or more in [jurisdiction], the charity shall apply to be registered within 45 days after the gross contributions reach the prescribed amount.
Comment: See s. 2 of appended model regulation.
(6) This section does not apply to a charity if, throughout its financial year,
(a) the charity is not incorporated;
(b) the charity is a branch or division of another charity; and
(c) the other charity controls the distribution of any contributions the first charity receives during its financial year as a result of its solicitations.
Use of fundraising businesses
15. No charity shall use a fundraising business for either of the following purposes unless the charity is registered or deemed to be registered under this Act:
1. Making solicitations on behalf of the charity.
2. Managing or being responsible for solicitations made by or on behalf of the charity.
16. A charity that wishes to be registered under this Act or to have its registration renewed shall provide the [enforcement authority] with,
(a) an application in the prescribed form;
(b) the prescribed information; and
(c) the prescribed fee.
Grounds for refusing registration or renewal or imposing conditions
17.(1) The [enforcement authority] may take a step described in subsection (3) with respect to a charity if,
(a) the charity or any of its directors, officers or managers have, at any time,
- (i) been convicted of a relevant offence,
- (ii) failed to pay a fine imposed under a conviction for a relevant offence or failed to comply with an order made in relation to such a conviction,
- (iii) had the status of an undischarged bankrupt,
- (iv) been named in a certificate signed under the Charities Registration (Security Information) Act (Canada), or
- (v) been subject to an order described in subsection (2) the making of which, in the [enforcement authority]’s opinion, indicates that the person subject to the order is unsuitable to deal with contributions or to make solicitations;
its directors, officers, managers or employees have contravened subsection 21(1) or (2); or
(c) the [enforcement authority] has reasonable grounds to believe that the charity or any of its directors, officers or managers is likely to contravene this Act.
(2) Subclause (1)(a)(v) applies to orders made,
(a) under this Act or under a similar Act in another jurisdiction in Canada; or
(b) under the [consumer protection statute] or under a similar Act in another jurisdiction in Canada.
(3) In the circumstances described in subsection (1), the [enforcement authority] may,
(a) refuse to register the charity under this Act or to renew its registration; or
(b) in registering the charity under this Act or renewing its registration, impose conditions on the registration.
(4) When a charity’s registration is suspended or cancelled under section 51, the charity continues to be required to comply with any conditions imposed on the registration, subject to any modifications made necessary by the suspension or cancellation.
Notice to applicant
18.(1) Before refusing to register a charity under this Act, refusing to renew its registration or imposing a condition on the registration, the [enforcement authority] shall,
(a) notify the charity of the reasons why the registration or renewal may be refused, or of the proposed conditions and the reasons why they may be imposed; and
(b) give the charity an opportunity to make representations to the [enforcement authority]’s designate.
(2) If, after subsection (1) has been complied with, the [enforcement authority] decides to refuse to register the charity, to refuse to renew its registration or to impose a condition on the registration, the [enforcement authority] shall give the charity written reasons for the decision.
Expiry of registration
19. The registration of a charity under this Act is effective for the prescribed time period.
Changes in information
20.(1) A charity that is registered under this Act shall inform the [enforcement authority] of any change in the information provided under section 16 within 30 days after the change.
(2) Subsection (1) also applies to changes in information that occur while the registration is suspended or within 30 days after the registration expires or is cancelled.
Compliance with standards of practice
21.(1) Every charity and every employee and volunteer of a charity shall comply with the prescribed standards of practice.
(2) The directors, officers and managers of a charity shall,
(a) comply with the prescribed standards of practice; and
(b) take reasonable steps to ensure that the charity and its employees and volunteers comply with the prescribed standards of practice.
Comment: See s. 3 of appended model regulation.
Request to refrain from making solicitations, etc.
22. A charity shall use its best efforts to comply with a person’s request that the charity,
(a) refrain from making solicitations or causing solicitations to be made to the person; or
(b) remove the person’s name from a list of persons who may provide a contribution.