Older Uniform Acts

Charitable Fundraising Act



SUSPENSION, CANCELLATION AND IMPOSITION OF CONDITIONS

Grounds

51.(1)  The [enforcement authority] may take a step described in subsection (3) with respect to a charity or fundraising business, if,
(a)  the charity or fundraising business or any of its directors, officers or managers have, at any time,
  • (i)  in the [enforcement authority]’s opinion, contravened this Act,
  • (ii)  been convicted of a relevant offence,
  • (iii)  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,
  • (iv)  had the status of an undischarged bankrupt,
  • (v)  been named in a certificate signed under the Charities Registration (Security Information) Act (Canada), or
  • (vi)  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; or
(b)  in the [enforcement authority]’s opinion,
  • (i)  in the case of a charity, any of its employees or volunteers have contravened subsection 21 (1), or
  • (ii)  in the case of a fundraising business, any of its employees have contravened section 32.
(2)  Subclause (1)(a)(vi) 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 suspend or cancel the registration or deemed registration of a charity or the licence of a fundraising business, or impose conditions on the registration, deemed registration or licence.
(4)  Before a registration, deemed registration or licence is suspended or cancelled or conditions are imposed, the [enforcement authority] shall give the charity or fundraising business, as the case may be,
(a)  at least 15 days’ written notice of the proposed suspension or cancellation or the proposed conditions, with reasons; and
(b)  an opportunity to make representations to the [enforcement authority]’s designate.
(5)  The [enforcement authority] may suspend or cancel the registration or deemed registration of a charity or the licence of a fundraising business or impose conditions on the registration, deemed registration or licence, without notice or an opportunity to make representations if,
(a)  the charity or fundraising business is involved in an investigation under section 45 or 47; and
(b)  the [enforcement authority] is of the opinion that the charity or fundraising business, or its director, officer, manager or employee, has misappropriated or is likely to misappropriate funds that were collected for a charity or a charitable purpose.
(6)  When the [enforcement authority] acts under subsection (5), it shall promptly give the charity or fundraising business, as the case may be, a written statement of,
(a)  the proposed suspension or cancellation or of the proposed conditions, with reasons; and
(b)  the right to an internal review under subsection (7).
(7)  Within 30 days after receiving the statement described in subsection (6), the charity or fundraising business may request an internal review by giving the [enforcement agency] a written notice of objection.
(8)  The [enforcement agency] shall, with all due dispatch,
(a)  reconsider the matter;
(b)  confirm, modify or cancel the decision made under subsection (5); and
(c)  give the charity or fundraising business a written statement of the outcome.

Next Annual Meeting

2020 Annual Meeting

Place to be Announced

August 9 – 13, 2020