Older Uniform Acts

Charitable Fundraising Act



FUNDRAISING AGREEMENTS

Agreement mandatory


35.(1)  No charity shall use 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 unless,
(a)  the charity and the fundraising business have entered into a fundraising agreement that complies with section 36; and
(b)  the agreement is in force.
(2)  No fundraising business shall make a solicitation on behalf of a charity or manage, facilitate or be responsible for solicitations made by or on behalf of a charity unless,
(a)  the fundraising business and the charity have entered into a fundraising agreement that complies with section 36; and
(b)  the agreement is in force.

Requirements

36.  A fundraising agreement shall be in writing and shall,
(a)  set out everything agreed to by the parties respecting the proposed fundraising, including all the rights and duties of both parties;
(b)  state the estimated amounts of,
  • (i)  contributions to be received, and
  • (ii)  expenses;
(c)  establish the fundraising business’s remuneration and specify how it is to be calculated;
(d)  specify the methods of solicitation to be used;
(e)  if the solicitations will involve selling goods or services, describe the goods or services and specify the price for which they will be sold;
(f)  identify the account of the charity into which monetary contributions are to be deposited;
(g)  set out the charity’s address, its fax and e-mail addresses, if any, and the name and telephone number of its contact person;
(h)  set out the fundraising business’s address, its fax and e-mail addresses, if any, and the name and telephone number of its contact person;
(i)  state in what circumstances the parties are entitled to terminate the fundraising agreement, and set out the mechanism for termination; and
(j)  include any other prescribed matter.
Comment: Some jurisdictions may prefer to have the content of s. 36 in regulations rather than in the statute itself.

Comment: Some jurisdictions may wish to add a requirement that copies of fundraising agreements be provided to the enforcement authority.

Next Annual Meeting

2020 Annual Meeting

Place to be Announced

August 9 – 13, 2020