The Charitable Fund-raising Businesses Act

The Charitable Fund-raising Businesses Act regulates for-profit, fund-raising businesses that raise funds on behalf of charitable organizations.

Fund-raising businesses must be licensed and may be required to file a bond. The annual licence fee is $250.

All fund-raising businesses and the charities they represent must enter into written fund-raising agreements. The terms of the agreement must include:

• the duties and responsibilities of the parties, and the manner in which the agreement may be terminated;
• a description of any goods or services being sold and the specific sale price;
• an estimate of the amount of contributions to be received and the expenses of the fund-raising; and
• the methods to be used in soliciting.

Copies of agreements must be provided to the Registrar of Charities, Consumer Protection Division, Financial and Consumer Affairs Authority (FCAA), before solicitations begin.

Charities entering into agreements with fund-raising businesses are allowed to request accountings by the business, and the Registrar and the Court of Queen's Bench may demand such accountings. The Act further provides that charities may apply to the Court to have agreements cancelled as contrary to the public interest, including contracts made before this Act came into force.

Charities are not allowed to make telephone or door-to-door solicitations except between the hours of 8:00 a.m. and 9:00 p.m. Canvassers must wear an identification card and, before accepting a contribution, must give the person who is being solicited certain information, including:

• the fund-raising businesses' name, address, telephone number and licence number;
• the name of the canvasser; and
• the amount being paid to the fund-raising business and the canvasser.

Charitable organizations must provide the following information, within a reasonable time, to any person who requests it:

• the portion of gross contributions received during the organization's last fiscal year that was used directly for charitable purposes;
• an estimate of the portion of gross contributions that will be used directly for charitable purposes in the current fiscal year; and
• reasonable details regarding where and how the contributions received will be spent.

If individuals do not want to be solicited, they may request that their name be put on a "do not call" list.

Fund-raising businesses must file annual financial returns with the Registrar and must maintain records of their Saskatchewan operations for at least six years.

The Registrar may conduct investigations and cancel licences if a fund-raising business has committed an offence under the Act.