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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POWERS OF [ENFORCEMENT AUTHORITY]
Powers of [enforcement authority]
48.(1) In the circumstances referred to in subsection (2), the [enforcement authority] may do any or all of the following:
1. Direct any person who holds any funds, securities or other property for a charity, fundraising business or retail incentive donor to continue holding them.
2. Direct a charity, fundraising business, retail incentive donor or other person to refrain from withdrawing funds, securities or other property referred to in paragraph 1 from any person who holds them for the charity, fundraising business or retail incentive donor.
3. Direct a person to hold in trust any contributions or funds related to a charity, fundraising business or retail incentive donor for a receiver, receiver-manager, trustee, liquidator or other official appointed under an Act of [enacting jurisdiction] or Canada.
(2) The [enforcement authority] may exercise the powers in subsection (1) in any of the following circumstances:
1. The [enforcement authority] is about to authorize an investigation of a person under this Act or such an investigation is being carried on or has been completed.
2. The [enforcement authority] is about to cancel or suspend or has cancelled or suspended a registration, a deemed registration or a licence.
3. Criminal proceedings that, in the opinion of the [enforcement authority], are connected with or arise out of matters under this Act, are about to be or have been initiated against any person.
4. Proceedings in respect of a contravention of this Act are about to be or have been initiated against any person.
5. The [enforcement authority] has reason to believe that the trust funds held by a fundraising business or the funds held by a charity in its accounts are less than the amount for which the fundraising business or charity, as the case may be, is accountable.
(3) The [enforcement authority] may amend or cancel a direction given under subsection (1).
(4) Directions, amendments and cancellations shall be in writing and shall be served on the persons to whom they are directed.
Application to court
49. In any of the circumstances described in subsection 48(2), the [enforcement authority] may apply to the [superior court] for one or more of the following:
1. The appointment of a receiver, receiver-manager or trustee to hold or manage all or part of the funds, securities and other property of a charity, fundraising business or retail incentive donor.
2. An order requiring a person who holds any funds, securities or other property for a charity, fundraising business or retail incentive donor to pay the funds into court and to transfer to [court official], or to a person appointed under paragraph 3, any securities or other property held by the first-named person.
3. An order removing a director or officer of a charity, fundraising business or retail incentive donor and appointing another person to act in his or her place.
4. An order directing that an attachment issue against a person to the amount of any funds, securities or other property with respect to which the person is in default.
5. An order fixing the costs of the application and directing how and by whom they are payable.
6. An order giving directions for the future investment, disposition and application of funds, securities or other property.
7. Any other order that may be appropriate in the circumstances.
50.(1) If, on the [enforcement authority]’s application, it appears to the [superior court] that a person has done, is doing or is about to do any thing that constitutes a contravention of this Act or that involves the misappropriation of contributions, the court may issue an injunction ordering any person named in the application,
(a) to refrain from doing that thing; or
(b) to do any thing that in the court’s opinion may prevent the contravention or misappropriation.
(2) At least 48 hours’ notice of the application shall be given to the party or parties named in the application, unless the court is of the opinion that the urgency of the situation is such that giving notice would not be in the public interest.