Older Uniform Acts

Charitable Fundraising Act



RETAIL INCENTIVE DONORS

Duty


37.  A person or other entity that acts as ashall,
(a)  donate all or a portion of the purchase price for the relevant goods or services to a charity, in accordance with the representations mentioned in clause (c) of the definition of “retail incentive donor” in subsection 2(1); or
(b)  use all or a portion of the purchase price for the charitable purpose in accordance with the representations.
Information
38.(1)  Subject to subsection (3), a retail incentive donor shall provide, on any person’s request, the prescribed information about its donations to the charity or the money it used for a charitable purpose, in the prescribed form.
(2)  The retail incentive donor may provide the information referred to in subsection (1) by making it available for public access on a website.
(3)  If the retail incentive donor does not make the information referred to in subsection (1) available for public access on a website, or if the person requesting the information asks that it be provided in paper form, the retail incentive donor 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.
(4)  The enforcement authority is entitled to obtain the information referred to in subsection (1) in paper form without paying a fee.
(5)  If the retail incentive donor represents that purchasing goods or services will benefit a charity, the charity is entitled to obtain the information referred to in subsection (1) in paper form without paying a fee.
(6)  The retail incentive donor shall ensure that the information referred to in subsection (1) remains available, during the six financial years that follow the financial year in which the donation or use of money for a charitable purpose took place,
(a)  in paper form; or
(b)  on a website.

Representations

39.(1)  No retail incentive donor shall make a representation,
(a)  that an individual or corporation sponsors, endorses or approves of a charity or a charitable purpose, unless the individual or corporation has given written consent, in advance, allowing the use of the individual’s or corporation’s name for those purposes; or
(b)  that all or a portion of the purchase price of the goods or services it sells will be donated to a charity, unless the charity has given written consent to the representation, in advance.
(2)  No retail incentive donor shall use any thing that identifies a charity in a manner that indicates or implies an association between the retail incentive donor and the charity, unless the charity has given written consent to the use, in advance.
Certain activities of retail incentive donors not solicitations
40.  For greater certainty, the following are not solicitations for the purposes of this Act:
1.  A retail incentive donor’s offer of goods or services.
2.  A retail incentive donor’s representation that purchasing goods or services will benefit a charity or charitable purpose.

INSPECTIONS AND INVESTIGATIONS

Inspectors

41.  The [enforcement authority] may appoint one or more inspectors for the purposes of this Act and the regulations.

Comment: Appointment of inspectors is a governmental function, which becomes an issue if the enforcement authority is not part of government.

Inspection

42.(1)  An inspector may enter and inspect the premises of a charity, fundraising business or retail incentive donor to ensure compliance with this Act and the regulations.
(2)  An inspection under subsection (1) may be conducted only if,
(a)  the charity, fundraising business or retail incentive donor is given reasonable notice of the inspection; and
(b)  the inspection is conducted at a reasonable time.
(3)  When acting under the authority of this section, an inspector shall carry identification and present it on request to the owner or occupant of the premises referred to in subsection (1).
(4)  An inspector who makes an inspection under subsection (1) may inspect, examine and make copies of or temporarily remove,
(a)  records required to be kept under this Act; and
(b)  records relating to the collection, expenditure and distribution of contributions, including the records pertaining to accounts referred to in section 31.
(5)  An inspector who removes a record under subsection (4),
(a)  shall give a receipt to the person from whom the record is taken;
(b)  may make copies of, take photographs of or otherwise reproduce it; and
(c)  shall, within a reasonable time, return the record to the person who was given the receipt.
Inspection of s. 11 records
43.(1)  A charity or fundraising business that is required to maintain records under section 11 shall make the records available for inspection by an inspector at a place in [jurisdiction] and at a time specified by the inspector.
(2)  An inspector has the powers and duties described in subsections 42 (4) and (5) when inspecting records under subsection (1).

Warrant for inspection

44.(1)  The [enforcement agency] may apply to a justice of the peace for a warrant under subsection (2), without notice, if a person,

Comment: Some jurisdictions may wish to assign the power to issue warrants (or orders) under s. 44 to judges of a named court rather than to justices of the peace.
(a)  refuses to allow an inspector to enter the premises of a charity, fundraising business or retail incentive donor;
(b)  refuses to produce anything requested by an inspector to assist in an inspection under section 43; or
(c)  refuses to make records referred to in section 11 available for inspection in [jurisdiction] as specified by an inspector under section 43.
(2)  The justice of the peace may issue a warrant,
(a)  restraining a person from preventing entry by an inspector or from interfering with the inspection; and
(b)  requiring the production of anything to assist in an inspection or requiring that records referred to in section 11 be made available to an inspector for inspection in [jurisdiction].
(3)  The [enforcement agency] may apply to a justice of the peace for a warrant under subsection (4), without notice, if there is reason to believe that giving notice under clause 42(2)(a) is likely to result in the loss or destruction of evidence.
(4)  The justice of the peace, if satisfied that giving notice under clause 42(2)(a) is likely to result in the loss or destruction of evidence, may issue a warrant authorizing an inspector to conduct an inspection under section 42 without notice.

Initiating investigation

45.  The [enforcement authority] may, on receiving a complaint or on its own initiative, direct an inspector to investigate,
(a)  any matter concerning the administration of this Act or the regulations; or
(b)  the circumstances surrounding,
(i)  any solicitation made by a charity or fundraising business, or
(ii)  representations made by a retail incentive donor as described in clause (c) of the definition of “retail incentive donor” in subsection 2(1).

Order to assist investigation

46.(1)  In the course of an investigation under section 45, the inspector may apply to the [superior court] for an order,
(a)  compelling a person or the person’s agent to allow the inspector to enter the person’s or agent’s premises for the purposes of the investigation, requiring the person or agent to produce for the inspector’s examination the person’s or agent’s records relevant to the investigation, and authorizing the inspector to copy them or remove them on such terms as the court considers appropriate; and
(b)  authorizing the inspector to inquire into and examine the affairs of the person or agent that are relevant to the investigation and directing the person or agent to co-operate with the investigation on such terms as the court considers appropriate.
(2)  The court may make an order under subsection (1) if satisfied on evidence under oath by an inspector that there are reasonable grounds to believe that,
(a)  the person or the person’s agent has evidence that is relevant to the investigation;
(b)  the person being investigated or the person’s agent has not co operated or is unlikely to co-operate with the investigation; and
(c)  the order is appropriate in the circumstances.
(3)  The order may be made without notice if the court is satisfied that giving notice is likely to result in the loss or destruction of evidence.

Order to conduct investigation with powers of commission

47.(1)  On application by the [enforcement authority], the [superior court] may make an order directing the [enforcement authority] to conduct an investigation into,
(a)  any matter concerning the administration of this Act or the regulations; or
(b)  the circumstances surrounding,
(i)  any solicitation made by a charity or fundraising business, or
(ii)  representations made by a retail incentive donor as described in clause (c) of the definition of “retail incentive donor” in subsection 2(1).
(2)  In conducting the investigation, the [enforcement authority] has and may exercise any of the powers conferred on the [enforcement authority] by this Act and any of the powers of a commission under [equivalent of Part I of Uniform Public Inquiries Act].
(3)  [Equivalent of  Part I of Uniform Public Inquiries Act] applies to the investigation as if it were an inquiry under that Act.
(4)  The [enforcement authority] shall report in writing on the investigation to the court and to the Attorney General.

Next Annual Meeting

2020 Annual Meeting

Place to be Announced

August 9 – 13, 2020