43 Order
to assist investigation
Ministerial Powers
44 Ministerial
powers
45 Injunction
Suspension, Cancellation
and Terms and Conditions
46 Grounds
Part 5
General
47 General
prohibitions
48 False
statements
49 Complying
with terms and conditions
50 Refraining
from making solicitations
51 Disclosure
by Minister
52 Appealing
decision of Minister
53 Order
compelling proper use of contributions
54 Restriction
on municipal powers
55 Offence
56 Compensation
for loss
57 Regulations
57.1 Protection from liability
Part 6
Transitional
58 Transitional
59 Bonds
HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Interpretation
1(1) In this Act,
(a) “business”
means
(i) an entity, including an individual carrying on business as a sole
proprietorship or a partnership or corporation, that is formed to make a profit
for its owners, members or shareholders, or
(ii) a corporation that is allowed under the law that applies to its
formation to distribute any profits to its owners, members or shareholders
during its existence;
(b) “charitable
organization” means
(i) any incorporated or unincorporated organization that is formed
for a charitable purpose, or
(ii) a person who makes solicitations for contributions to be used for
a charitable purpose and who is not connected to any incorporated or
unincorporated organization that is formed for the charitable purpose for which
the solicitation is made;
(c) “charitable
purpose” includes a philanthropic, benevolent, educational, health, humane,
religious, cultural, artistic or recreational purpose, so long as the purpose
is not part of a business;
(d) “contribution”
means money, goods or services or a promise or pledge to give money, goods or
services;
(e) “donor
fund‑raiser” means a business described in section 33;
(f) “fund‑raising
agreement” means an agreement between a charitable organization and a fund‑raising
business described in section 30;
(g) “fund‑raising
business” means a fund‑raising business described in section 20;
(h) “gross
contributions” means gross contributions as calculated in accordance with the
regulations;
(i) “licence”
means a licence issued or renewed under this Act;
(j) “licensed”
means holding a valid and subsisting licence;
(k) “Minister”
means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this
Act;
(l) “registered”
means holding a valid and subsisting registration under this Act;
(m) “registration”
means a registration made or renewed under this Act;
(n) “solicitation”
means
(i) a direct or indirect request for a contribution in which it is
stated or implied that the contribution will be used by a charitable
organization or for a charitable purpose, or
(ii) a request for a contribution through a direct or indirect request
to buy a good or service in which it is stated or implied that all or a portion
of the purchase price will be used by a charitable organization or for a
charitable purpose;
(o) “standards
of practice” means the standards of practice established under section 31;
(p) “volunteer”
means a person who offers their services in any capacity and does not receive
remuneration.
(2) In
this Act,
(a) a
reference to a solicitation made by a charitable organization means a
solicitation made by the charitable organization or its employees or
volunteers;
(b) a
reference to a solicitation made on behalf of a charitable organization means a
solicitation made by a fund‑raising business on behalf of the charitable
organization;
(c) a reference to a solicitation made by a fund‑raising
business means a solicitation made by a fund‑raising business or the
employees or volunteers of the fund‑raising business.
1995 cC‑4.5
s1;1997 c19 s1(2)
Purposes
2 The purposes of this Act are
(a) to
ensure that the public has sufficient information to make informed decisions
when making contributions to a charitable organization or for a charitable
purpose, and
(b) to protect the public from fraudulent,
misleading or confusing solicitations and to establish standards for charitable
organizations and fund‑raising businesses when making solicitations.
1995 cC‑4.5
s2;1997 c19 s1(26)
Application
3 This Act does not apply to
(a) a
solicitation made by a charitable organization to a person or to a member of a
person’s family if the person is a member of the organization when the solicitation
is made,
(b) a
solicitation made by a charitable organization for goods or services that are
to be used by the charitable organization for its administration or some other
non‑charitable purpose, or
(c) a solicitation made in respect of a gaming
activity that is authorized by a licence under the Gaming and Liquor Act.
1995 cC‑4.5
s3;1996 cG‑0.5 s135
Part 1
Soliciting Contributions
Application of Part 1
4(1) This Part applies only to the following
solicitations and the solicitations described in subsection (2):
(a) solicitations
made by a fund‑raising business;
(b) solicitations
made by a charitable organization that uses a fund‑raising business to
make solicitations on its behalf or to manage or be responsible for
solicitations made by or on behalf of the charitable organization;
(c) solicitations
made by a charitable organization in its financial year if the charitable
organization intends to raise, as a result of those solicitations, gross
contributions of $25 000 or more from persons in Alberta during that
financial year.
(2) Regardless of a charitable organization’s
intent, if a charitable organization in its financial year raises, as a result
of solicitations, gross contributions of $25 000 or more from persons in
Alberta, this Part applies to solicitations made by the charitable organization
from the time it reaches $25 000 in gross contributions until the end of
that financial year.
1995 cC‑4.5
s4;1997 c19 s1(3)
Hours of solicitation
5 A person making solicitations
by telephone may make them only between 8 a.m. and 9 p.m.
1995 cC‑4.5 s5
Providing information
during solicitation
6(1) A person who makes a solicitation in person
must, before accepting a contribution, provide the person who is being
solicited with
(a) the
information required by the regulations in the manner and form required by the
regulations, and
(b) an
adequate opportunity to review the information.
(2) A
person who makes a solicitation by telephone must provide each person who is
being solicited and who gives a contribution with the information required by
the regulations in the manner and form required by the regulations.
(3) A person who makes a solicitation through
printed material, television or other media must provide the information
required by the regulations in the manner and form required by the regulations.
1995 cC‑4.5
s6;1997 c19 s1(4)
Duty to maintain records
7 A charitable organization or fund‑raising
business that makes solicitations must maintain
(a) complete
and accurate financial records of its operations in Alberta for at least 3
years after the solicitations are made,
(b) records
regarding the solicitations made in Alberta for at least 3 years after the
solicitations are made, and
(c) other records and documents described in the
regulations for the period described in the regulations.
1995 cC‑4.5
s7;1997 c19 s1(5)
Financial statements and
returns
8 If solicitations are made by
or on behalf of a charitable organization in a financial year, the charitable
organization must prepare for that financial year audited financial statements
or financial information returns as specified by the regulations that meet the
requirements of the regulations.
1995 cC‑4.5 s8
General information
9(1) If solicitations are made by or on behalf of a
charitable organization, the charitable organization must provide the following
information to any person who requests it:
(a) a
copy of the most recent audited financial statements or financial information
return that the charitable organization is required to prepare under section 8;
(b) the
portion of gross contributions received during the charitable organization’s
last financial year that were used directly for charitable purposes and not for
the administration of the charitable organization or other purposes and an estimate
of the portion of gross contributions received in its current financial year
that will be used directly for charitable purposes and not for the
administration of the charitable organization or other purposes;
(c) reasonable
detail about where and how the contributions received as a result of the
solicitations will be spent;
(d) the
information that must be provided under section 6.
(2) Despite subsection (1)(a), a charitable
organization may establish a reasonable fee for providing a copy of its audited
financial statements or financial information return that is based on the cost
of reproducing the documents, and postage if the documents are to be mailed,
and the charitable organization may refuse to provide a copy of the documents
unless the fee is paid.
1995 cC‑4.5
s9;1997 c19 s1(6)
Receipts
10(1) A person who makes a solicitation must give a
receipt to a person making a monetary contribution if the person making the
contribution requests a receipt.
(2) This section does not apply to a solicitation
that involves a direct or indirect request to buy a good or service.
1995 cC‑4.5 s10
Holding contributions in
trust
11(1) Every fund‑raising business and every
employee of a fund‑raising business who receives contributions on behalf
of a charitable organization holds the contributions in trust for the
charitable organization.
(2) The
trustee has no power to invest monetary contributions received on behalf of a
charitable organization and must, within 3 days after receiving the monetary
contributions, not including Saturdays and holidays, deposit the money, without
making any deductions, into an account held in a bank, trust corporation,
credit union or treasury branch in Alberta.
(3) The
account must be in the name of the charitable organization that is the
beneficiary and be under the sole control of the charitable organization.
(4) The
trustee must comply with any requirements established for the trust by the
regulations.
(5) The Trustee
Act does not apply to the trust.
1995 cC‑4.5
s11;1997 c19 s1(7)
Part 2
Charitable Organizations
and Fund‑raising Businesses
Charitable Organizations
Solicitations to
individuals
12(1) No charitable organization may make a
solicitation to an individual unless the charitable organization is registered.
(2) For
the purposes of this section, a solicitation made to an individual
(a) includes
a solicitation made to an individual who operates a sole proprietorship or is a
partner in a partnership, and
(b) does
not include a solicitation made to a corporation or a government.
(3) Subject
to subsection (4), this section does not apply to a charitable organization
during its financial year if the solicitations it makes to individuals in
Alberta or to individuals and others in Alberta are intended to raise gross
contributions that have a value of less than $25 000 during that financial
year.
(4) Regardless
of a charitable organization’s intent, if a charitable organization in its
financial year raises, as a result of solicitations, gross contributions of
$25 000 or more from individuals in Alberta or individuals and others in
Alberta, the charitable organization must be registered within 45 days after
the gross contributions reach $25 000.
(5) This
section does not apply to a charitable organization if, throughout its financial
year,
(a) the
charitable organization is not incorporated,
(b) the
charitable organization is affiliated in some manner with another charitable
organization, referred to in this subsection as the affiliated organization,
and
(c) the affiliated organization controls the
distribution of any contributions the charitable organization receives during
its financial year as a result of solicitations made by the charitable
organization.
1995 cC‑4.5
s12;1997 c19 s1(9)
Use of fund-raising
businesses
13 No charitable organization may use a fund‑raising
business
(a) to
make solicitations on its behalf, or
(b) to
manage or be responsible for solicitations made by or on behalf of the
charitable organization
unless the charitable organization is registered.
1995 cC‑4.5
s13;1997 c19 s1(25)
Registration
14 A charitable organization that wishes to
be registered or to have its registration renewed must provide the Minister
with
(a) the
information required under the regulations, and
(b) the fee established under the regulations.
1995 cC‑4.5 s14
Grounds for refusing
registration, terms and conditions
15(1) In this section, “conviction” means a
conviction for
(a) an
offence under this Act, or
(b) an
offence under any criminal or other law in force in Alberta or elsewhere that,
in the Minister’s opinion, indicates that the person convicted is unsuitable to
deal with contributions or to make solicitations.
(2) The
Minister may refuse to register or renew the registration of a charitable
organization and the Minister may impose terms and conditions on a registration
when registering or renewing the registration of a charitable organization if
the charitable organization or any of its principals, directors or managers,
within the 5 years preceding the application for registration or renewal,
(a) is
convicted of an offence referred to in subsection (1) or is serving a sentence
imposed under a conviction,
(b) fails
to pay a fine imposed under a conviction or fails to comply with an order made
in relation to a conviction,
(b.1) is
named in a certificate signed under the Charities Registration (Security
Information) Act (Canada), or
(c) is
subject to an order made under the Fair
Trading Act or a predecessor or successor of the Fair Trading Act, the making of which, in the Minister’s opinion,
indicates that the person who is subject to the order is unsuitable to deal
with contributions or to make solicitations.
(3) The
Minister may also refuse to register or renew the registration of a charitable
organization if the Minister has reasonable grounds to believe that the
charitable organization or any of its principals, directors or managers will
contravene this Act.
(4) The Minister may also refuse to register or
renew the registration of a charitable organization and the Minister may impose
terms and conditions on a registration when registering or renewing the
registration of a charitable organization if, in the Minister’s opinion, any of
the charitable organization’s principals, directors, managers or employees referred
to in section 32(1) or (2) have contravened section 32(1) or (2).
RSA 2000 cC‑9
s15;2002 c32 s3
Notice to applicant
16(1) Before refusing to register or renew the
registration of a charitable organization or imposing a term or condition on
the registration, the Minister must
(a) notify
the charitable organization of the reasons why the registration may be refused
or the proposed terms and conditions and the reasons why they may be imposed,
and
(b) provide
the charitable organization with an opportunity to make representations to the
Minister’s designate.
(2) If, after subsection (1) has been complied
with, the Minister decides to refuse to register or renew the registration of a
charitable organization, the Minister must give written reasons for the
decision to the charitable organization.
1995 cC‑4.5 s16
Expiration of
registration
17 The registration of a
charitable organization is for the time period established under the
regulations.
1995 cC‑4.5 s17
Changes in information
18(1) A charitable organization must inform the
Minister of any change in the information provided under section 14 within 30
days after the change.
(2) This section applies to changes in information
occurring when the charitable organization is registered or when the registration
is suspended and within 30 days after the charitable organization’s
registration expires or is cancelled.
1995 cC‑4.5 s18
Financial year
19 For the purposes of this Act, the
financial year of a charitable organization that is not a corporation is
(a) the
calendar year, or
(b) if the charitable organization requests the
Minister to establish another time period, a period of 12 consecutive months
specified by the Minister.
1995 cC‑4.5 s19
Fund‑raising
Businesses
Fund-raising business
20(1) A fund‑raising business is a business
that
(a) makes
solicitations on behalf of a charitable organization or manages or is
responsible for solicitations made by or on behalf of a charitable
organization,
(b) provides
those services for remuneration, and
(c) is
not an employee of the charitable organization.
(2) A
fund‑raising business includes a business that
(a) is
hired by another business to make solicitations on behalf of a charitable
organization or to manage or be responsible for solicitations made by or on
behalf of a charitable organization, and
(b) is not an employee of the other business.
1995 cC‑4.5
s20;1997 c19 s1(12)
Solicitations by
fund-raising businesses
21 No fund‑raising business
may make a solicitation on behalf of a charitable organization or manage or be
responsible for solicitations made by or on behalf of a charitable organization
unless the fund‑raising business is licensed.
1995 cC‑4.5
s21;1997 c19 s1(25)
Licensing
22 A fund‑raising business that wishes
to be licensed or to have its licence renewed must provide the Minister with
(a) the
information required under the regulations,
(b) the
fee established under the regulations, and
(c) a security that meets the requirements of
the regulations and that is in an amount specified by the Minister.
1995 cC‑4.5
s22;1997 c19 s1(25)
Grounds for refusing a
licence, terms and conditions
23(1) In this section, “conviction” means a
conviction for
(a) an
offence under this Act, or
(b) an
offence under any criminal or other law in force in Alberta or elsewhere that,
in the Minister’s opinion, indicates that the person convicted is unsuitable to
deal with contributions or to make solicitations.
(2) The
Minister may refuse to issue or renew a licence and the Minister may impose
terms and conditions on a licence when issuing or renewing the licence if a
fund‑raising business or any of its principals, directors or managers,
within the 5 years preceding the application for the licence or renewal of the
licence,
(a) is
convicted of an offence referred to in subsection (1) or is serving a sentence
imposed under a conviction,
(b) fails
to pay a fine imposed under a conviction or fails to comply with an order made
in relation to a conviction,
(b.1) is
named in a certificate signed under the Charities Registration (Security
Information) Act (Canada), or
(c) is
subject to an order made under the Fair
Trading Act or a predecessor or successor of the Fair Trading Act, the making of which, in the Minister’s opinion,
indicates that the person who is subject to the order is unsuitable to deal
with contributions or to make solicitations.
(3) The
Minister may also refuse to issue or renew a licence if the Minister has
reasonable grounds to believe that the fund‑raising business or any of
its principals, directors or managers will contravene this Act.
(4) The Minister may also refuse to issue or renew
a licence and the Minister may impose terms and conditions on a licence when
issuing or renewing the licence if, in the Minister’s opinion, the fund‑raising
business or any of its principals, directors, managers or employees has
contravened section 32(3).
RSA 2000 cC‑9
s23;2002 c32 s3
Notice to applicant
24(1) Before refusing to issue or renew a licence of
a fund‑raising business or imposing a term or condition on the licence,
the Minister must
(a) notify
the fund‑raising business of the reasons why the licence may be refused
or the proposed terms and conditions and the reasons why they may be imposed,
and
(b) provide
the fund‑raising business with an opportunity to make representations to
the Minister’s designate.
(2) If, after subsection (1) has been complied
with, the Minister decides to refuse to issue or renew a licence of a fund‑raising
business, the Minister must give written reasons for the decision to the fund‑raising
business.
1995 cC‑4.5
s24;1997 c19 s1(25)
Expiration of licence
25 A licence is issued for the
time period established under the regulations.
1995 cC‑4.5 s25
Changes in information
26(1) A fund‑raising business that has been
issued a licence must inform the Minister of any change in the information
provided under section 22 within 30 days after the change.
(2) This section applies to changes in information
occurring when the licence is in force or when it is suspended and within 30
days after the licence expires or is cancelled.
1995 cC‑4.5
s26;1997 c19 s1(25)
Security
27 A fund‑raising business
must stop its activities for which it is required to be licensed if the
security that the fund‑raising business has provided to the Minister under
this Act is not in force.
1995 cC‑4.5
s27;1997 c19 s1(25)
Donor list
28(1) A donor list, being a list of names of and
other information about persons who have given a contribution to a charitable
organization that is compiled by a fund‑raising business,
(a) is
the property of the charitable organization, and
(b) is
under the exclusive control of the charitable organization.
(2) No
fund‑raising business that compiles a donor list for a charitable
organization may use or deal with the donor list except with the written
permission of the charitable organization.
(3) Where
a fund‑raising agreement between a charitable organization and a fund‑raising
business expires, is terminated or otherwise ceases to be in effect, any donor
list to which that agreement relates and that is in the possession of or
otherwise under the management of the fund‑raising business must be
turned over to the charitable organization.
RSA 2000 cC‑9
s28;2003 cP‑6.5 s65
Fund‑raising
Agreements
Duty to enter into
agreement
29(1) No charitable organization may use a fund‑raising
business to make solicitations on its behalf or to manage or be responsible for
solicitations made by or on behalf of the charitable organization unless the
charitable organization and the fund‑raising business have entered into a
fund‑raising agreement that meets the requirements of section 30 and the
agreement is in force.
(2) No
fund‑raising business may make a solicitation on behalf of a charitable
organization or manage or be responsible for solicitations made by or on behalf
of a charitable organization unless the fund‑raising business and the
charitable organization have entered into a fund‑raising agreement that
meets the requirements of section 30 and the agreement is in force.
(3) In this section, references to a fund‑raising
business do not include a fund‑raising business under section 20(2).
1995 cC‑4.5
s28;1997 c19 s1(15)
Requirements
30(1) A fund‑raising agreement must be in
writing and must include
(a) all
the terms and conditions between the parties respecting the fund‑raising,
including the duties and responsibilities of both parties;
(b) the
estimated amount of contributions to be received and an estimate of expenses
and costs;
(c) the
methods of soliciting contributions to be used;
(d) if
the solicitations will involve selling goods or services, a description of the
goods or services and the specific price for which the goods or services will
be sold;
(e) the
location of the account of the charitable organization into which monetary
contributions are to be deposited;
(f) the
charitable organization’s address and the name and telephone number of the
contact person for the charitable organization;
(g) the
fund‑raising business’s address and the name and telephone number of the
contact person for the fund‑raising business;
(h) any
matter provided for in the regulations.
(2) A
fund‑raising agreement must establish the remuneration of the fund‑raising
business, and the remuneration must be
(a) a
specific amount of money,
(b) a
specified percentage of gross contributions, or
(c) a combination of a specific amount of money
and a specified percentage of gross contributions.
1995 cC‑4.5
s29;1997 c19 s1(16)
Standards of Practice
Standards of practice
31(1) The Minister may establish standards of
practice relating to fund‑raising carried out by charitable organizations
and fund‑raising businesses.
(2) The
Minister must ensure that the standards of practice are published in The
Alberta Gazette.
(3) The Regulations
Act does not apply to the standards of practice.
1997 c19 s1(17)
Compliance with
standards
32(1) The principals, directors, managers and
employees of a charitable organization whose main responsibility is to make
solicitations for the charitable organization or to manage or be responsible
for solicitations made by the charitable organization must comply with the
standards of practice.
(2) If
a charitable organization has an employee described in subsection (1), the
principals, directors and managers of the charitable organization must take
reasonable steps to ensure that the employee complies with the standards of
practice.
(3) A fund‑raising business and its
principals, directors, managers and employees must comply with the standards of
practice.
1997 c19 s1(17)
Part 3
Donor Fund‑raisers
Meaning of donor
fund-raiser
33 A donor fund‑raiser is a
business that makes a direct or indirect request to buy a good or service
normally produced or provided by the business in which it is stated or implied
that all or a portion of the purchase price will be donated to a charitable
organization or be used for a charitable purpose.
1995 cC‑4.5
s30;1997 c19 s1(18)
Meaning of solicitation
34 For the purposes of this Act,
the request to buy the good or service referred to in section 33 is not a solicitation.
1995 cC‑4.5 s31
Duty
35 A donor fund‑raiser that makes a
representation that all or a portion of the purchase price of the goods or
services it sells will be donated to a charitable organization or be used for a
charitable purpose must
(a) donate
all or a portion of the purchase price, as the case may be, to the charitable
organization, or
(b) use all or a portion of the purchase price,
as the case may be, for the charitable purpose.
1995 cC‑4.5 s32
Information
36(1) Subject to subsection (2), a donor fund‑raiser
must provide on the request of any person the information required by the
regulations relating to its donations to the charitable organization or the
money it used for a charitable purpose.
(2) A donor fund‑raiser may establish a reasonable
fee for providing the information that is based on the cost of reproducing the
information, and postage if the information is to be mailed, and the donor fund‑raiser
may refuse to provide the information unless the fee is paid.
1995 cC‑4.5 s33
Representations
37 No donor fund‑raiser may
(a) make
a representation that an individual or corporation sponsors, endorses or
approves of a charitable organization or a charitable purpose unless the
individual or corporation has given prior written consent allowing the use of
the individual’s or corporation’s name for those purposes;
(b) make a representation that all or a portion
of the purchase price of the goods or services it sells will be donated to a
charitable organization or use any emblem or printed matter belonging to or
associated with a charitable organization or substantively similar to such
emblem or printed matter unless the charitable organization has given its prior
written consent.
1995 cC‑4.5 s34
Part 4
Enforcement
Inspections and Investigations
Inspectors
38 The Minister may appoint one
or more inspectors for the purposes of this Act and the regulations.
1995 cC‑4.5 s35
Inspection
39(1) An inspector may enter and inspect the premises
of a charitable organization or a fund‑raising business to ensure
compliance with this Act and the regulations.
(2) An
inspection under subsection (1) may be conducted only if
(a) the
charitable organization or fund‑raising business 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 must 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) books,
records or documents required to be kept under this Act, and
(b) books,
records or documents relating to the collection, expenditure and distribution
of contributions, including the records pertaining to accounts referred to in
section 11.
(5) When
an inspector removes any books, records or documents under subsection (4), the
inspector
(a) must
give to the person from whom they were taken a receipt for them,
(b) may
make copies of, take photographs of or otherwise record them, and
(c) must, within a reasonable time, return them
to the person to whom the receipt was given.
1995 cC‑4.5
s36;1997 c19 s1(25)
Inspection of s7 records
40(1) A charitable organization or fund‑raising
business that is required to maintain records under section 7 must make the
records available for inspection by an inspector at a place in Alberta and at a
time specified by the inspector.
(2) An inspector has the powers and duties
described in section 39(4) and (5) when inspecting records under subsection
(1).
1997 c19 s1(19)
Order allowing
inspection
41(1) If a person
(a) refuses
to allow an inspector to enter the premises of a charitable organization or a
fund‑raising business,
(b) refuses
to produce anything requested by the inspector to assist in an inspection under
section 39, or
(c) refuses
to make records referred to in section 7 available for inspection in Alberta as
specified by an inspector under section 40,
the inspector may
apply to the Court of Queen’s Bench by originating notice for an order under
subsection (2).
(2) The
Court may make an order
(a) restraining
a person from preventing entry by the inspector or from interfering with the
inspector’s inspection, and
(b) requiring
the production of anything to assist in the inspection or requiring that
records referred to in section 7 be made available to an inspector for
inspection in Alberta.
(3) The order may be granted without notice if the
Court is satisfied that giving notice would result in the loss or destruction
of evidence.
1995 cC‑4.5
s37;1997 c19 s1(20)
Initiating investigation
42 The Minister may on receipt of a
complaint, or when the Minister considers it necessary without a complaint,
direct an inspector to investigate
(a) any
matter concerning the administration of this Act or the regulations, or
(b) the circumstances surrounding any
solicitation or other matter or thing done by a charitable organization, fund‑raising
business or donor fund‑raiser.
1995 cC‑4.5
s38;1997 c19 s1(25)
Order to assist
investigation
43(1) When a person is being investigated, an
inspector may apply to the Court of Queen’s Bench by originating notice for an
order
(a) compelling
the 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 and requiring the
person or agent to produce for the inspector’s examination the person’s or
agent’s books, records or documents relevant to the investigation and
authorizing the inspector to copy them or remove them on such terms as the
Court considers appropriate;
(b) authorizing
the inspector to inquire into and examine the affairs of the person or person’s
agent that are relevant to the investigation and directing the person or
person’s agent to co‑operate with the investigation on such terms as the
Court considers appropriate.
(2) The
Court may grant an order under subsection (1) if satisfied on evidence under
oath by an inspector that there are reasonable grounds to believe
(a) that
the person being investigated or the person’s agent has not co‑operated
or likely will not co‑operate with the investigation, and
(b) that
the order is appropriate in the circumstances.
(3) The order may be granted without notice if the
Court is satisfied that giving notice could result in the loss or destruction
of evidence.
1995 cC‑4.5
s39;1997 c19 s1(21)
Ministerial Powers
Ministerial powers
44(1) In the circumstances referred to in subsection
(2), the Minister may do any or all of the following:
(a) apply
to the Court of Queen’s Bench by originating notice for the appointment of a
receiver, receiver‑manager or trustee to hold or manage all or part of
the funds, securities and property of a charitable organization or fund‑raising
business,
(b) direct
any person having on deposit or under the person’s control or for safekeeping
any funds or securities of a charitable organization or fund‑raising
business to hold those funds or securities,
(c) direct
a charitable organization or fund‑raising business or other person to
refrain from withdrawing funds or securities referred to in clause (b) from any
person who has them on deposit, under control or for safekeeping, or
(d) direct
a person to hold in trust any contributions or funds related to a charitable
organization or fund‑raising business for a receiver, receiver‑manager,
trustee, liquidator or other official appointed under an Act of Alberta or
Canada.
(2) The
Minister may exercise the powers in subsection (1) in the following
circumstances:
(a) where
the Minister is about to authorize an investigation of or during or after the
investigation of a person under this Act;
(b) where
the Minister is about to cancel or suspend or has cancelled or suspended a
registration or a licence;
(c) where
(i) criminal proceedings that, in the opinion of the Minister, are
connected with or arise out of matters under this Act, or
(ii) proceedings in respect of a contravention of this Act,
are about to be or have
been initiated against any person;
(d) where
the Minister has reason to believe that the trust funds held by a fund‑raising
business or the funds held by a charitable organization in its accounts are
less than the amount for which the fund‑raising business or charitable
organization, as the case may be, is accountable.
(3) A
direction of the Minister under subsection (1) must be in writing and be served
on the person to whom it is directed.
(4) The Minister may amend or cancel a direction
given under subsection (1) and the requirements of subsection (3) apply to the
amendment or cancellation.
1995 cC‑4.5
s40;1997 c19 s1(25)
Injunction
45(1) Where, on the application of the Minister by
originating notice, it appears to the Court of Queen’s Bench that a person has
done, is doing or is about to do any thing that constitutes or is directed
toward 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 opinion of the Court may prevent the contravention of
this Act or the misappropriation of contributions.
(2) At least 48 hours’ notice of the application
must 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.
1995 cC‑4.5 s41
Suspension, Cancellation
and Terms and Conditions
Grounds
46(1) In this section, “conviction” means a
conviction for an offence under any criminal or other law in force in Alberta
or elsewhere that, in the Minister’s opinion, indicates that the person
convicted is unsuitable to deal with contributions or to make solicitations.
(2) The
Minister may suspend or cancel the registration of a charitable organization or
the licence of a fund‑raising business or impose terms and conditions on
the registration or licence if the charitable organization or fund‑raising
business or any of its principals, directors or managers
(a) has,
in the Minister’s opinion, contravened this Act,
(b) is
convicted of an offence referred to in subsection (1) or is serving a sentence
imposed under a conviction,
(c) fails
to pay a fine imposed under a conviction or fails to comply with an order made
in relation to a conviction,
(c.1) is
named in a certificate signed under the Charities Registration (Security
Information) Act (Canada), or
(d) is
subject to an order made under the Fair
Trading Act or a predecessor or successor of the Fair Trading Act, the making of which, in the Minister’s opinion,
indicates that the person who is subject to the order is unsuitable to deal
with contributions or to make solicitations.
(3) The
Minister may suspend or cancel the registration of a charitable organization or
the licence of a fund‑raising business or impose terms and conditions on
the registration or licence if, in the Minister’s opinion,
(a) any
of the charitable organization’s employees referred to in section 32(1) have
contravened section 32(1), or
(b) any
of the employees of the fund‑raising business have contravened section
32(3).
(4) Before
a registration or licence is suspended or cancelled or terms and conditions are
imposed, the charitable organization or fund‑raising business, as the
case may be, must be given
(a) at
least 15 days’ written notice of the proposed suspension or cancellation or the
proposed terms and conditions, and
(b) an
opportunity to make representations to the Minister’s designate.
(5) The Minister may suspend the registration of a
charitable organization or the licence of a fund‑raising business without
notice or an opportunity to make representations if the charitable organization
or fund‑raising business is being investigated under this Act and the
Minister is of the opinion that the charitable organization or fund‑raising
business has misappropriated or will misappropriate funds that were collected
for a charitable organization or a charitable purpose.
RSA 2000 cC‑9
s46;2002 c32 s3
Part 5
General
General prohibitions
47(1) No person may
(a) use
the fact that a charitable organization is registered or that a fund‑raising
business is licensed to lead any other person to believe that the registration
or licence constitutes an endorsement or approval by the Government of Alberta,
except to indicate that the charitable organization or fund‑raising
business is registered or licensed under this Act,
(b) make
a representation in a solicitation that an individual or corporation sponsors,
endorses or approves of a charitable organization or a charitable purpose
unless the individual or corporation has given prior written consent allowing
the use of the individual’s or corporation’s name for those purposes,
(c) make
a representation that the person is soliciting contributions for a charitable
organization or use any emblem or printed matter belonging to or associated
with a charitable organization or substantively similar to such emblem or
printed matter unless the charitable organization has given its prior written
consent,
(d) make
a representation that contributions will be used for one or more charitable
purposes when the contributions are not being provided directly to a charitable
organization or are not being used for those charitable purposes, or
(e) make
a false statement of fact or misrepresent any fact or circumstance in a
solicitation.
(2) No charitable organization or fund‑raising
business and no principal, director, manager or employee of a charitable
organization or fund‑raising business may give information that is false
or misleading to a person who is going to use that information in a
solicitation.
1995 cC‑4.5
s43;1997 c19 s1(25)
False statements
48 No person may make a false
statement of fact or misrepresent any fact or circumstance in any application
or document submitted to the Minister under this Act.
1995 cC‑4.5 s44
Complying with terms and
conditions
49(1) A charitable organization must comply with the
terms and conditions imposed on its registration even if the registration has
been suspended or cancelled.
(2) A fund‑raising business must comply with
the terms and conditions imposed on its licence even if the licence has been
suspended or cancelled.
1995 cC‑4.5
s45;1997 c19 s1(25)
Refraining from making
solicitations
50 If a person requests a charitable
organization or a fund‑raising business
(a) to
refrain from making solicitations to that person, or
(b) to
remove that person’s name from a list of persons who may provide a
contribution,
the charitable organization or fund‑raising business
must use its best efforts to comply with that request.
1995 cC‑4.5
s46;1997 c19 s1(25)
Disclosure by Minister
51 The Minister may disclose any
information obtained under this Act for the purpose of assisting the public to
determine if contributions should be made to a particular person, charitable
organization, fund‑raising business or donor fund‑raiser.
1995 cC‑4.5
s47;1997 c19 s1(25)
Appealing decision of
Minister
52(1) A person who is affected by a decision of the
Minister under this Act may appeal the decision on a question of law or
jurisdiction to the Court of Queen’s Bench.
(2) An
appeal under this section must be commenced within 30 days after receiving
notice of the decision by filing an originating notice that sets out the grounds
for the appeal.
(3) The Court of Queen’s Bench may confirm or
reject the Minister’s decision or make any other order it considers
appropriate.
1995 cC‑4.5 s48
Order compelling proper
use of contributions
53(1) A person who has made a contribution to a
charitable organization may apply to the Court of Queen’s Bench by originating
notice for an order described in subsection (2).
(2) If
the Court is satisfied that a charitable organization is not using the
contributions it receives as a result of a solicitation for the charitable
purpose stated or implied in the solicitation, the Court may
(a) require
a charitable organization or any of its principals, directors or managers to
return a contribution to the donor or to pay to the donor a sum equivalent to
the contribution,
(b) require
a charitable organization and its principals, directors and managers to use a
contribution for the charitable purpose for which it was donated,
(c) make
a declaration respecting the use or misuse of contributions by a charitable
organization, or
(d) make
any other order that the Court considers to be appropriate.
(3) Before
making an order under subsection (2), the Court may require the charitable
organization or any of its principals, directors or managers to provide to the
Court the documents or information that the Court specifies.
(4) If
the Court dismisses an application made under subsection (1) and considers the
application to have been frivolous or vexatious, the Court may require the
applicant to pay costs as specified by the Court.
(5) Nothing in this Act affects any statutory or
common law right or right in equity that a person may have in respect of a
charitable organization, fund‑raising business or donor fund‑raiser.
1995 cC‑4.5
s49;1997 c19 s1(25)
Restriction on municipal
powers
54 Despite the Municipal Government Act, a council of a
municipality may not pass bylaws regulating or prohibiting solicitations made
by charitable organizations or fund‑raising businesses.
1995 cC‑4.5
s50;1997 c19 s1(26)
Offence
55(1) A person who contravenes the following
provisions of this Act or fails to comply with a direction of the Minister
under section 44 is guilty of an offence:
(a) in
Part 1, sections 5 to 11;
(b) in
Part 2, sections 12, 13, 18, 21, 26, 27, 28(2), 29;
(c) in
Part 3, sections 35 to 37;
(d) in
Part 4, section 40(1);
(e) in
Part 5, sections 47 to 50.
(2) A
person who is guilty of an offence is liable to a fine of not less than $1000
and not more than
(a) $100 000,
or
(b) 3
times the amount that the defendant acquired as a result of the offence,
whichever is greater,
or to imprisonment for not more than 2 years, or both, for each day that the
offence continues.
(3) When
a corporation has contravened the provisions of this Act referred to in subsection
(1) or fails to comply with a direction of the Minister under section 44, every
principal, director, manager, employee or agent of the corporation who
authorized the contravention or failure or assented to it or acquiesced or
participated in it is guilty of an offence and is liable to the penalty
provided for in subsection (2) whether or not the corporation has been
prosecuted or convicted.
(4) A
partnership is not liable as such under subsection (1), but where a partner in
a partnership that is a charitable organization or fund‑raising business
is convicted of an offence, each partner in that partnership who authorized the
commission of the offence or assented to it or acquiesced or participated in it
is guilty of an offence and is liable to the penalty provided for in subsection
(2).
(5) In
any prosecution under this Act relating to solicitations there is a
presumption, in the absence of evidence to the contrary, that the Act applies
to the solicitation.
(6) A prosecution under this Act may be commenced
within 2 years from the date on which the offence is alleged to have been
committed.
1995 cC‑4.5
s51;1997 c19 s1(23)
Compensation for loss
56(1) A justice who convicts a defendant of an
offence may, on the application of a person aggrieved, at the time sentence is
imposed, order the defendant to pay to the applicant an amount as compensation
for loss suffered by the applicant as a result of the commission of the
offence.
(2) If an amount that is ordered to be paid under
subsection (1) is not paid within the time ordered by the justice, the
applicant may, by filing the order, enter as a judgment in the Court of Queen’s
Bench the amount ordered to be paid, and that judgment is enforceable against
the defendant in the same manner as if it were a judgment rendered against the
defendant in the Court of Queen’s Bench in civil proceedings.
1995 cC‑4.5 s52
Regulations
57 The Minister may make regulations
(a) respecting
the calculation of gross contributions;
(b) respecting,
for the purposes of section 6, the information to be provided and the manner and form in which the information is
to be provided when a solicitation is made;
(c) respecting
the records and documents to be maintained by charitable organizations and fund‑raising
businesses under section 7 and the period for which they must be maintained;
(d) respecting,
for the purposes of section 8, the situations in which a charitable
organization is required to prepare either audited financial statements or a
financial information return and the requirements to be met when preparing
audited financial statements and a financial information return;
(e) respecting
the calculation of the portion of gross contributions used directly for
charitable purposes under section 9(1)(b) and defining any term used in that
section;
(f) respecting
the trust established under section 11;
(g) respecting
the form of and information required for the purposes of an application for
registration, a licence and renewals;
(h) establishing
the fees for registration, a licence and renewals;
(i) respecting
the time periods after which registration or a licence expires;
(j) respecting
the form and terms and conditions of securities required under section 22;
(k) respecting
the terms and conditions under which a security is forfeited and the procedures
to be followed for claiming on a security that has been forfeited;
(l) respecting
matters that must be included in fund‑raising agreements;
(m) respecting the information to be provided by
donor fund‑raisers under section 36 and the form in which it is to be
provided.
1995 cC‑4.5
s53;1997 c19 s1(26)
Protection from
liability
57.1 No action for damages may be commenced
against the Minister, an inspector or any person under the administration of
the Minister for anything done or not done by that person in good faith while
carrying out duties or exercising powers under this Act.
2002 c32 s3
Part 6
Transitional
Transitional
58 An agreement between a
charitable organization and a fund‑raising business authorizing the fund‑raising
business to make solicitations on behalf of the charitable organization or to
manage or be responsible for solicitations made by or on behalf of the
charitable organization that is in force on May 1, 1995 is deemed to meet the
requirements of section 30.
1995 cC‑4.5
s54;1997 c19 s1(24)
Bonds
59(1) Despite the repeal of the Charitable Promotion Business Licensing Regulation (AR 7/90), a
bond delivered in respect of a charitable promotion business licence continues
to be subject to the forfeiture provisions in that Regulation.
(2) A bond delivered in respect of a charitable
promotion business licence that is continued under this Act is deemed to be a
bond submitted under this Act and is also subject to the forfeiture provisions
established under this Act.
1995 cC‑4.5 s55