Bill 67 — A Bill Respecting the Canvassing of Contributions For Charitable Purposes (Legislature 15, Session 2)

L15 S2 1507

Alberta — Bills

. NO.-6:7 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 67 A Bill respecting the Canvassing of Contributions for Charitable Purposes HON. MR. HALMRAST Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note General. This Bill will repeal and replace 'Ilhe Public Contribu tions Act, which is

chapter 253 of the Revised Statutes of Alberta. 2.

Definitions. 3. Authorization by the Minister or a city, as the circumstances require, before a campaign is undertaken.

BILL No. 67 of 1965

An Act respecting the Canvassing of Contributions for Charitable Purposes (Assented to , 1965) HER MAJE.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Pr.ovince of Alberta enacts. as follows: ' 1. This Act may be cited as "The Public Contributions Act, 1965". 2.

(1) In this Act, (a) "charitable purpose" includes any benevolent, philanthropic, patri.otic, artistic, athletic, recrear tiDnal Dr civic purpose and any purpos'e that has as its object the pr.omotion .or provis[on of a public service; ( b) "Minister" means the member of the Executive Council charged with the administration of this Act; (c) "organizati.on" means a person, an association of pers.ons or a corporation.

(2) For the purposes of this Act, an organization is con ducting a campaign to obtain funds for a charitable pur pose (

a) when it (

i) canvasses for, S.olicits or collects money, goods or financial assis,tance of any kind, or (ii) sells or provides or ,offers to sell or provide any goods, services or other thing of value or purported value, on the plea or repr'esentation, direct or implied, that the money, goods or financial assistance or the sale or provision of the whole .or part of the pro ceeds thereof is for achadta:hle purpose, or (

b) when it instructs or causes any person to do any thing to whiCih clause (

a) refers. 3.

(1) No organization shall conduct a campaign to obtain funds for a charitable purpose unless it is auth orized to do s·o

4. Application for authorIzation. 5. Contents of application. 2

(

a) by the Minister, or (

b) in the case of a campaign to be conducted within the corporate boundaries ofa city that has a by-law passed pursuant to s,ection 16, by the approving authority of that city.

(2) This Act does not apply to the soliciting of funds by an organization only from persons who are members of the organization at the time of the soliciting and the spouses, parents and children of such members. ' 4.

(1) An applicati.on for authorization shall be made to the Minister or to the approving authority of any city whose authorization is required, as the case may be.

(2) Where an application is made to the approving authority of a city, a copy thereof shall be delivered to the Minister.

(3) An application for authorization shall be made at least thirty days prior to the proposed starting date of the campaign, unless the Minister or the approving authority of the city, as the case may be, otherwise permits.

(4) Where the gross amount of funds that an organiza tion intends to raise by a campaign does not exceed two hundred and fifty dollars, the Minister or the approving authority .of the city, as the case may be, may with respect to that campaign exempt the organization from complying wi th any specified provision or pr.ovisions of this Act, the regulations or the city by-law passed under this Act. 5. The application for authorization shall state (

a) Ithe name and address of the organization seeking to obtain funds, (

b) the names, addresses and occupations of the of ficers· of the organization, (

c) the names, addresses and .occupations of persons in oharge of the campaign, (

d) the 'Place or area in which the organization will attempt to obtain funds, (

e) the objective of the campaign, (/) the duration of the campaign, (

g) the budgetted expenses of the campaign, in detail, (

h) the budgetted salaries, '~ages, ~Ulb8istence. and travelling expenses that wIll be paId to organIzers, employees, and campaign workers, . . (

i) the purpose for which the moneys obtaIned WIll he used, (

j) the estimated percentB;ge of the funds· obtai~ed that will be expended In Alber,ta for the servICes stated in the application to raise funds,

6. Authorization may be limited, refused and revoked. 7. Financial statement of receipts from campaign required. 3

(

k) the proportion of .the funds <?btained in any annual ~nvass or campaIgn that wIll be placed in a sink Ing fund for long-term projects, to meet debentures and a reserve fund for programs of expansion, and (

l) such other information as may be required. 6 . . (1) ~n authorization giv'en under this Act may at th~ d~scret.lOn of the authority giving it, be made valid' for a lImIted tIme only or until revoked and any such authority may be revoked at any time. (2~ An au~horiz.ation may b~ ~efused or revoked by and In the dIscretIon of the MInIster or the approving authority of a city, as the case may be, (

a) where there is or will be a non-compliance with this Act, the regulations or any other applicable law, or (

b) where there is or is likely to be a mi,suse of the funds collected, or (

c) where the amount to be actually -applied to a char itable purpose is too little considering the total amount of the funds to be obtained, or (

d) where a campaign of a similar nature and to be conducted in the same period has previously been authorized, or (

e) where the Minister or the app~oving authority Qf the city, as the case may be, is not satisfied of the honesty, integrity or bona fides of the persons conducting or to be conducting the campaign, or any of them, or (

f) fQr any other reason considered by the Minister to be sufficient and in the public interest.

(3) Where an author.ization is refused or revoked by the approving authority of a city, the organization affected thereby may, wi thin thirty days after recei v,ing notice of the decision, appeal the decision to the Minister who, after considering the representations of the organization and of the approving authority, may either confirm the decision or direct the approving authority to grant or re instate the authorization. 7.

(1) Every organization that conducts a campaign to 'Obtain funds for a charitable purpose shall, after the completion of the campaign, file with the Minister and with the approving authority of a city that gave an auth orization for the campaign a financial statement audited by an independent and qualified auditor showing (

a) the total amount of the moneys received, (

b) the total amount of the expenses incurred in con ducting the campaign, (

c) the disposition of the proceeds, and (

d) the assets and liabilities of the organization. 3

8. Statement of distribution of proceeds may be required. 9. Audit may be required. 10. Annual report by the Minister to the Lieutenant Governor in Council and Legislative Assembly. II. Minister may publish information on organizations and campaigns conducred by them. 12. Appointment of trustee. 4

(2) Where the receipt of moneys is continuous the or ganization shall file its financial statement with the Min ister forthwith after the end of the fiscal year of the organization or at such other times as the Minister requires. .

(3) Where. moneys ar~ received from or the campaign IS conducted In the ProvInce and elsewhere, the financial statement required to. be filed pursuant to this

section shall show only the 'moneys received in, the expenses in curred in and the disposition of the proceeds collected in the Prov,ince. 8.

(1) The Minister may require an organization that has obtained funds from the public for a charitable purpose to file at such times as the Minister may designate a fin ancial statement accounting for the distribution of those contributions, until the contributions or the co.ntributions of a particular campaign or drive have been expended or dis posed of.

(2) The Minister may at any time require any organiza tion that places any of the funds received by it into a sinking fund to file with him a financial statement' respect ing the sinking fund. 9. If so. directed by the Minister, an organization that has obtained funds from the public for a charitable pur pose ,shall at any time permit the Provincial Auditor to inspect the books, records and accounts of the organization relating to. the collection, expenditure and distribution of the contributions. 10.

(1) The Minister shall submit to the Lieutenant Governor in Council an annual report, cont~ining a state ment of the receipts and expenditures of each organization to which this Act applies.

(2) The report shall be ,laid before the Legislative As sembly within fifteen da~s after the commencement of the next regular session. 11. The Minister may publish or cause to b~ published such information as he considers, to beiri the public interest relating to (

a) any organization that obtains or attempts to obtain funds from the public for charitable purposes whether that organization has complied with this Act or not, and (

b) any campaign to. obtain funds from the public for charitable purposes. 12.

(1) The Minister may apply to a judge <?f the Supreme Court, either ex parte or upon. su.ch notIce as the judge may require, for an order appOIntIng a trustee 4

13. Offence by organizations. 14. Offence by individuals. 15. Authority to make regulations. I

of all 'Or any 'Of the assets of an 'Organizati'On that has 'Ob tained funds from the public for a charitable purp'Ose and if it appears to the judge that (

a) the 'Organization is misapplying any 'Of the funds received by it, or (

b) the 'Organization has failed 'Or is failing to apply all or any of the funds received by it to the charitable purp'Ose for which the contributi'Ons were obtained, or (

c) it is 'Otherwise in the public interest to d'O so, the judge may apP'Oint a trustee and vest in him the control 'Of aH or any of the assets of the organizati'On 'On such terms as he c'Onsiders pr'Oper.

(2) SubJect t'O any directions 'Or conditiQns contained in the order .appointing him, the trustee may apply the assets placed under his contr'Ol to the charitable purposes for which the funds were originally obtained. 13.

(1) An 'Organization that c'Ontravenes this Act, or any regulati'On or by-law hereunder, is guilty 'Of an offence and lia:ble 'On

summary conviction to a fine of n'Ot m'Ore than 'One hundred dollars for e·ach day that the offence c'Ontinues.

(2) An officer of an 'Organization who contravenes this Act, 'Or any regulation 'Or by-law hereunder, is guilty 'Of an offence and liable on

summary c'OnvictiQn to a fine 'Of not more than fifty dollars f'Or each day that the offence con tinues. 14. A person who on behalf of an organizatiQn canvasses or solicits 'Or 'Obtains a contribution fr'Om the public for a charitable or benevolent purp'Ose when the 'Organizati'On ,is not authorized under this Act to c'Onduct a campaign is guilty of ·an offence and liable on

summary conviction t'O a fine of not m'Ore than twenty-five d'Ollars for each day the 'Offence c'Ontinues. 15). The Lieutenant Governor in Council may make regulations (

a) governing the Qperati'On and activities of 'Or ganizatiQns to which this Act applies, (

b) governing the 'Obtaining of funds fr'Om the public and the application thereof by an organization to which this Act applies, (

c) designating charitable purposes within the scope 'Of this Act, either generally 'Or in particular cases, (

d) designating organizations 'Or campaigns to obtain funds as organizations or campaigns to which this Act applies, 5

16. City to designate approving authority. 17. Repeal of present Act. 18. Commencement of new Act. 6

(

e) exempting a designated -organization or any designated dass or classes of .organizations from c.ompliance with this Act or with a named pro visi.on of this Act, (

I) respecting records to be kept by .organizations and returns to be filed pursuant to this Act, (

g) prescribing forms to be used under this Act and the regulations, including the form of by-law that may be adopted by a city under

section 16, (:

h) prescribing when an organization is required to give receipts f.or contributions and r_equiring and governing the use of identification cards by persons who canvass or solicit for organizations, and (

i) prescr,ibing any other matter .or thing deemed neces sary .or advisable to facilitate the administration of this Act and the carrying out of its provisions according to their true intent. 16. A city, by by-law, may designate any person or body as an approving authodty for the purpose of this Act and may make such rules, not inconsistent with this Act or the regulations, as may be necessary to give proper effect to this Act within the city. 17. This Act repeals and replaces The Public Contribu tions Act, being

chapter 253 of the Revised Statutes. 18. ".Dhis Act comes into force on the first day .of July, 1965. 6

No. 67 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABE'TH II 1965 BILL

An Act respecting the Canvassing of Contributions for Charitable Purposes ateceived and read the First time ......................................... . Second time ....................................... . Third time ......................................... . HON. MR. HALMRAST Title: 1965 (15th, 2nd) Bill 67,

An Act respecting the Canvassing of Contributions for Charitable Purposes

Document details

Collection	Alberta — Bills
Citation	L15 S2 1507
Type	bill
Volume / chapter	L15 S2 1507
Language	en
Format	json
Source	PROVINCIAL
Identifier	1cf6f5fdaa5e577bc3d253c5b6d5bc4a05709daf

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