Bill 105 (Legislature 11, Session 4)

L11 S4 7016

Alberta — Bills

Bill No. 105 of 1951. A BILL TO PROVIDE FOR THE REGULATION OF ORGANIZATIONS THAT RAISE FUNDS FOR HEALTH SERVICES BY VOLUNTARY' PUBLIC CONTRIBUTIONS. NOTE. This Bill enacts a new Act to be known as "The Public Contributions Act" and it provides for the regulation of organizations that raise funds for health services by volun tary public contributions. The Act applies to every organization that solicits or Dbtains ,contributions from the public for health services, other than an organization that is exempted from com pliance with the A'ct by an order of the Lieutenant Governor in CDuncil.

Every organization to which the Act applies is required to file from time to time 'certain information with respect to each campaign or drive for funds that it undertakes. Before an organization begins to' canvass or solicit for funds Dr to undertake or ,continue a campaign or drive to Dbtain contributions from the public for health services, it is required to file a notice giving particulars of its campaign. The information required to be in the noUce is set out in the Act and the Minister is also authorized to require the filing of additional information relating to' the campaign.

After the completiDn of a campaign or drive the organiza tiDn is -required to file with the Minister a financial state ment showing ,contributions received, expenses incurred and the disposition of the proceeds. The Minister may also require the filing of periodi:c financial statements accounting for the distribution of contributions received from the pub lic until all the ,contributions, or the contributions of any particular campaign or drive, have been expended or dis posed of.

Any person may inspect any information or documents filed with the Minister under this Act. 'The Lieutenant Governor in Council is given power to make regulations gO'verning the operation of organizations and the soliciting of their funds, exempting organizations frO'm cO'mpliance with this A'ct, requiring recO'rds to' be kept by O'rganizatiO'ns and returns to' be filed, requiring

ii audits of contributions received from the publi,c and pre scribing other matters deemed necessary or advisable to facilitate the administration of this Act. The Minister is authorized to publish such information as he deems to be in the public interest relating to any organization or campaign. Penalties are prescribed for nop-compliance with the Act and failure to file information required by the Minister.

It is also an offence for members of an organization or others acting on behalf of an organization to canvass for contribu tions from the public or to participate in such a campaign or drive before the organization has filed the notice of the campaign required by this Act. The Act comes into force on July 1st, 1951. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 105 of 1951.

An Act to Provide for the Regulation of Organizations that. Raise Funds for Health Services by Voluntary Public (jontributions. (Assented to , 1951.) HIS MAJESTY, by and with the advice and 'consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The Public Contributions

Short title Act".

Interpretation. 2. In this A'ct, unless the context otherwise requires _ I;nterpreta-, tlOn (a) "contribution" includes a donation, subs'cription, "contribu- payment or pledge; tion" ( b) "organization" includes,- "organiza-tion" (

i) a society constituted or incorporated by or pursuant to the provisions of

an Act of the Legislature of any province or

an Act of the Parliament of Canada; (ii) an association, dub, society, group or organ ization, whether incorporated or not and ir respective of how it is constituted; (c) "Minister" means the member of the Executive "Minister" Council charged with the administration of this Act. Application olf Act. 3. This A'ct applies to every organization that solicits or Application obtains contributions from the publk for health services of Act other than an organization that is exempted from com- pliance with this A'ct by an order of the Lieutenant Gover- nor in Council under

section 9. NOltices· and Returns Required. 4.

(1) Before an organization ,canvasses, solicits or Noticeto th . bt' t 'b t' f h lth . Minister or o erWIse 0 ains a con rl u IOn or ea servIces or proposed undertakes or ,continues a campaign or drive to obtain con- campaign tributions for health services from the public it shall file a etc.

Require ments of notice Additional information Filing and contents ot financial statement 2 notice with the Minister giving particulars of the proposed campaign, drive or other attempt to obtain contributions.

(2) The notice shall state,- (

a) the name of the organization seeking to obtain the ,contributions; (

b) the names and addresses of the officers of the or ganization; (

c) the names and addresses of the persons in charge of the ,campaign or drive; (

d) the place or area in which it will attempt to obtain ,contributions; (

e) the objective of the ,campaign or drive; (

I) the estimated expenses of the campaign or drive; (

g) the estimated salaries, wages, subsistence and trav- elling expenses that will be paid to organizers, employees and campaign workers; (

h) the purpose for which the ,contributions will be used; (

i) the estimated percentage of the ~ontributions re ceived that will be expended for health services in Alberta,

(3) The Minister may require the organization to file additional information, including any or all of the follow- ing,- (

a) the duration of the campaign or drive; (

b) the names of the authorized canvassers; (

c) particulars of the account in which the proceeds will be deposited; (

d) such other information as the Minister may require. S. (1) After the completion of a campaign or drive, the organization shall file with the Minister a financial state ment showing,- (

a) the total amount of contributions received; (

b) the total amount of the expenses incurred in con nection with the campaign or drive; (

c) the disposition of the proceeds, including the per centage of the contributions received that is ex pended or allocated for health services in Alberta. ~~~~~i~~ (2.) In the 'case where the receipt of contributions is statement continuous, the organization shall file its financial state ~~:r;t of ment with the Minister forthwith after the end of the cont~ibutions fiscal year of the organization, or at such other time or contmuous t" th M' " te . lmes as e InIS r may reqUIre. ~~t~~!~i

(3) In a case where contributions are received from or when the campaign or drive is conducted in the Province and ~~~!u~it~ elsewhere, the financial statement required by this

section in Province shall show only the contributions received in, the expenses and else-" " where Incurred In, and the disposition of the proceeds collected in, the Province.

3 6. The Minister may require an organization that has Accounti!lg bt 0 d t °b to f th blo t fil 0 for contrI-o alne con rl u IOns rom e pu . IC 0 e, from tIme to butions time or at such times as the Minister may designate, a financial statement accounting for the distribution of those contributions, until the contributions or the contributions ·of any particular campaign or drive have all been expended or disposed of. 7.

Any organization that has obtained contributions Inspection from the' public shall permit the Provincial Auditor to in- ~~ ~~::i~~ral spect its books, records and accounts relating to the collec- Auditor tion, expenditure and distribution of the contributions at any time if so directed by the Minister. General Provisions. 8.

Any person may inspect any statement in writing, Inspection t o fi 0 Itt t th d t 0 d t of staJe-no Ice, nancla s a emen or 0 er· ocumen reqUIre 0 ments, etc. be filed pursuant to this A,cto Lieutentant 9 Th L o t t G 0 C 01 k Governor in • 0 e leU enan overnor In ouncI may ma e Council may regulatIons,- make regulations,- (

a) governing the operation and a·ctivities of organiza- governing tions to which this Act applies; operation (

b) governing the obtaining of funds from the public goverD:ing and the application thereof by any organization to ~~~~~mng which this Act applies; (

c) desig~ating health servi~es for the I?urposes of this g:~li~~~~; A'ct eIther generally or In any partIcular case, and ices etc. to 0' 0 0 to 0 dot which Act deSIgnatIng organlza IOns, campaIgns or rIves 0 applies obtain funds, as organizations, campaigns or drives to which this Act applies; (

d) exempting any designated organization, or any exem~tin~ o I f 0 to f organlzatlOn deSIgnated class or c asses 0 organlza IOns rom compliance' with this Act, or with any designated provision of this Act; (

e) requiring records to be kept by organizations and re keeping returns to be filed with the Minister pursuant to this ~~~~~d:e~~~ns Act; (

I) requiring any designated organization, or the or- ~~~~~r~~g ganizations of any class or dasses,- accounts (

i) to have their accounts relating to the receipt and distribution of contributions from the pub- Hc audited by a chartered a,ccountant; (ii) to have their financial statements filed pur surant to this Act verified by a chartered accountant; (

g) Prescribing any other matter or thing deemed to f3;Ci}itate o bl t f °lot t th d 0 0 t admmlstranecessary or advlsa e 0 3iCI I a e e a mInIS ra- tion of Act tion of this Act and the carrying out of its pro- visions according to their true intent.

Publication of information Failure to comply with Act an offence Penalties for failure to comply with Act Penalty for canvassing before organization registered Annual report Coming into force 4 10. The Minister may publish or cause to be published such information as he deems to be in the public interest re lating to,- (

a) any organization that obtains contributions from the public for health services whether it has filed a notice, return, or other information under this Act or not; and (

b) any campaign or drive to obtain contributions for health services from the public. 11.

(1) An organization that fails to comply with any provision of this Act, or that fails to file any information or document required by the Minister pursuant to this Act, shall be guilty of an offence.

(2) Where an organization that is not a body ·corporate fails to comply with any provision of this Act, or fails to file any information or document required by the Minister pursuant to this Act, each officer of the organization shall be guilty of an offence.

(3) An organization or officer of an organization found guilty of an offence pursuant to this

section shall be liable on

summary conviction to a penalty not exceeding,- (

a) in the case of an organization, one hundred dollars per day for each day the offence continues; (

b) in the case of an officer, fifty dollars per day for each day the offence 'continues. 12. Any member of an organization or other person who, for or on behalf of an organization,- (

a) canvasses, solicits, or otherwise obtains a ,con tribution for health services; or (

b) participates in a 'campaign or drive to obtain con- tributions for health services from the public; before the organization has filed the notice required by

section 4, shall be guilty of an offence and liable on

summary conviction to a penalty not exceeding twenty-five dollars per day for each day the offence continues. 13. The Minister shall submit to the Lieutenant Gover nor in Council an annual report containing a statement of receipts and expenditures of ea'ch organization to which this Act applies and such report shall be laid before the Legislative Assembly within fifteen days after the com mencement of the next regular session. 14. This Act shall come into force on the first day of July, 1951.

No. 105. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to Provide for the Regulation of Organizations that Raise Funds For Health Services by Voluntary Public Contributions. Received and read the First time ......................................... . Second time ............... . Third time ............ . HON. DR. CROSS. Title: 1951 (11th, 4th) Bill 105,

An Act to Provide for the Regulation of Organizations that Raise Funds for Health Services by Voluntary Public Contributions

Document details

Collection	Alberta — Bills
Citation	L11 S4 7016
Type	bill
Volume / chapter	L11 S4 7016
Language	en
Format	json
Source	PROVINCIAL
Identifier	a8335d84edd1086498796d0515c8fc0ee2177542

Source file is stored in the law ingest library (json).