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PLEASE NOTEThis document, prepared by the Legislative Counsel Office, is an officeconsolidation of this Act, current to November 1, 2003. It is intended forinformation and reference purposes only.This document is not the official version of the Act. The Act and theamendments as printed under the authority of the Queen’s Printer for theprovince should be consulted to determine the authoritative statement of thelaw.For more information concerning the history of this Act, please see theTable of Public Acts.If you find any errors or omissions in this consolidation, please contact: Legislative Counsel OfficeTel: (902) 368-4291Email: legislation@gov.pe.ca

CHAPTER C-4
CHARITIES ACT
1. In th is Act Definitions
(a) “ch arity” m ean s an y p erso n, asso ciatio n, in stitu te o r organizatio n
under whose auspi ces funds for benevol ent , educat ional , cul tural ,
chari table or rel igious purposes are t o be rai sed;
charity
(b) “chari table fund” means any fund i n excess of one hundred
dollars raised for b enevolent, ed ucatio nal, cu ltu ral, ch aritab le o r
rel igious purposes;
charitable fund
(c) “M inister” m eans t he M inister of t he Crown desi gnat ed by the
Lieut enant Governor i n C ounci l to have supervi sion over the
adm inistrat ion of t his Act . R.S.P.E.I. 1974, C ap. C -4, s.2.
Minister
2. The provi sions of t his Act appl y to any chari ty seeki ng fi nanci al
support for t he at tainment of i ts object s by publ ic appeal s, excl udi ng
appeal s by any church am ong i ts m embers for support of rel igious
purposes or object s connect ed wi th the church but this Act does not
appl y to an organi zat ion or foundat ion t hat is a regi stered chari ty for t he
purposes of t he Income Tax Act (C anada). R .S.P.E.I. 1974, C ap. C -4, s.3;
1994, c.48, s.4.
Application of A ct
3. (1) It is an offence under t his Act
(a) directly o r in directly to so licit o r m ake an y ap peal to th e p ublic
for donat ions or subscri ptions i n m oney or i n ki nd or t o rai se or
attempt to rai se m oney for any of i ts object s or purposes by
prom oting or conducting any b azaar, sale, entertainm ent or
exhi bition or by sol iciting for advert ising or by any means unl ess the
chari ty is regi stered under t his Act ;
Offences
(b) to m ake or attem pt to m ake an y co llectio n fo r an y ch arity o r
chari table fund unl ess wi th the aut hori zat ion of t he M inister.
(2) Thi s sect ion does not appl y to any col lect ion at di vine servi ce i n
any place of worship. R.S.P.E.I. 1974, Cap. C-4, s.4.
Divine w orship
4. (1) Th e Min ister, o n ap plicatio n of an y p erso n, asso ciatio n, in stitu te o r
organi zat ion under whose auspi ces i t is proposed t o rai se a chari table
fund, m ay grant regi strat ion t hereof upon hi s bei ng sat isfied
Registration requirem ents for
(a) that adequat e provi sion has been m ade for i ts est ablishm ent and
control in accordance w ith such regulations as m ay be m ade under
sect ion 8;
1

2 Cap. C-4 Charities Act
(b) that th ere is reaso n to believ e that its specific purpose is not
already satisfied;
(c) t hat the appl icat ion for regi strat ion i s m ade i n good fai th;
(d) that it is not registered as a Canadi an chari table organi zat ion
under t he Income Tax Act (Canada).
(2) The Minister shall keep a regist er of all charities registered under
this Act in wh ich sh all b e reg istered
Register of charities
(a) t he nam e of t he chari table fund;
(b) t he dat e of regi strat ion and of t he term ination t hereof;
(c) the name of th e p erso n, asso ciatio n, in stitu te o r o rganizatio n
under whose auspi ces t he chari table fund i s to be rai sed;
(d) the nam e of an offi cer or offi cers by whom alone aut hori zat ion
may be gi ven i n wri ting t o persons t o sol icit or m ake col lect ions t o
the charity.
(3) The Minister shall issue a certifi cate of registration of every charity
regi stered under t his Act .
Certificate of registration
(4) No fee is payable in respect of registration or certificate. R.S.P.E.I.
1974, C ap. C -4, s.5; 1994, c.48, s.4.
Fees for registration
5. Every chari ty regi stered under t his Act shal l com ply wi th the
fol lowi ng condi tions:
Duties of charity
(a) minutes shall be kept of each meeting of the charity in which
shall be recorded the nam es of the m embers thereof attending such
meet ing;
(b) proper books of account shall be kept and the accounts shall
show the total receipts and the tota l expenditures of any collection,
bazaar, sale, entertainm ent or exhi bition held; and the accounts shall
be audi ted by a dul y qual ified audi tor, and copi es of account s so
audited sh all b e sen t to th e Min ister;
(c) all m oneys received by the char ity shall be paid into separate
accounts in a savings institution;
(d) such part iculars wi th regard t o account s and ot her records as the
Minister may requi re shal l be furni shed t o the M inister, and t he
books and accounts of the charity shall be open at all tim es for
inspect ion by any person dul y aut hori zed by the M inister. R .S.P.E.I.
1974, C ap. C -4, s.6; 1994, c.48, s.4.
6. The Minister m ay appoi nt any person whom he m ay desi gnat e to
report to hi m concerni ng any chari table fund or any appl icat ion for the
regi strat ion t hereof or any m atter pert aining theret o. R.S.P.E.I. 1974,
Cap. C -4, s.7.
Report on charitable fund or registration
2

Charities Act Cap. C-4 3
3

7. (1) Th e reg istratio n of an y ch arity is subject to term inatio n by the
Minister wherever in his discreti on he m ay consider that effective
coordi nat ion of publ ic subscri ptions renders t he t erm ination desi rabl e i n
the p ublic in terest.
Termination of charity by Minister
(2) The M inister, i f sat isfied t hat any chari ty regi stered under this Act
is not bei ng carri ed on i n good fai th, or i s not com plying wi th any of the
condi tions imposed under t his Act , and t he regul ations, or i s not bei ng
adm inistered, m ay term inate the regist rat ion thereof and shal l gi ve publ ic
notice thereof.
Idem
(3) Upon the term ination of any chari ty al l m oney s or ot her asset s of
the ch arity sh all b e v ested in th e Minister and shall be thereafter
adm inistered by hi m in such m anner as t he Lieut enant Governor in
Counci l m ay di rect . R .S.P.E.I. 1974, C ap. C -4, s.8.
Money s vested in Minister upon term ination
8. Subject to the approval of t he Li eut enant Governor in Counci l the
Minister m ay m ake regul ations
Regulations
(a) prescri bing the form s for appl icat ions under t his Act and t he
part iculars t o be ent ered t hereon;
(b) prescri bing t he form of regi sters t o be kept under t his Act ;
(c) provi ding for t he i nspect ion of regi sters and lists kept under this
Act and t he m aking, furni shing and cert ificat ion of copi es t hereof
and extracts therefrom ;
(d) prescri bing form s and part iculars for returns to the M inister and
peri ods covered by such ret urns;
(e) general ly for t he bet ter carry ing out of t he purposes of t his Act .
R.S.P.E.I. 1974, C ap. C -4, s.9.
9. If any person, i n any appl icat ion for regi strat ion or i n not ificat ion of
any change requi ring alterat ions in the regi stered part iculars, m akes any
false statem ent or false representation or i f any person fal sely represent s
himself to be an officer o r ag ent o r can vasser for any charity, he is guilty
of an offence agai nst this Act . R.S.P.E.I. 1974, C ap. C -4, s.10.
Application, false statem ents in
10. (1) An y p erso n guilty o f an offen ce ag ain st th is Act is liab le o n
sum mary conviction to a fine not exceeding $500.
Penalties
(2) Proceedings for offences agains t this Act shall not be instituted
except wi th the consent of t he M inister. R .S.P.E.I. 1974, C ap. C -4, s.11;
1994, c.48, s.4.
Procedures for prosecution