Saskatchewan Charitable Fund-Raising Businesses Act

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1
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
The
Charitable
Fund-raising
Businesses Act
being
Chapter C-6.2 of The Statutes of Saskatchewan, 2002
(effective January 1, 2003) as amended by the Statutes of
Saskatchewan, 2003, c.29
.
NOTE:
This consolidation is not official. Amendments have been
incorporated for convenience of reference and the original statutes
and regulations should be consulted for all purposes of interpretation
and application of the law. In order to preserve the integrity of the
original statutes and regulations, errors that may have appeared are
reproduced in this consolidation.

2
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Table of Contents
PART I
Preliminary Matters
1 Short title
2 Interpretation
3 Non-application of Act
4 Appointment of registrar of charities
PART II
Licensing of Fund-raising Businesses
5 Licence required
6 Application for licence or renewal of licence
7 Issuance or renewal of licence
8 Refusal to issue or renew licence
9 Suspension or cancellation of licence
10 Terms and conditions of a licence
11 Licence not transferable
12 Expiry and renewal of licence
13 Financial security may be required
14 Audit of licensees
15 Licensee to notify registrar if circumstances change
16 Notification by registrar
PART III
Rules re Solicitations
17 Application of Part
18 Information to be provided to registrar
19 Hours of solicitation
20 Identification card
21 Disclosure of information
22 Refrain from making solicitations
PART IV
Documents and Information
23 Application of subsections 24(2) and 25(3)
24 Duty to maintain records
25 Donor list
26 Fund-raising agreement
27 Agreement contrary to public policy
28 Accounting
29 Annual financial statement by licenseesPART V
Investigations
30 Interpretation of Part
31 Investigation by registrar
32 Production of records
33 Copies of records
34 Warrant
35 Costs of investigation outside of Saskatchewan
PART VI
Appeals
36 Appeal to court
37 Documents to be filed with the court for
purposes of appeal
38 Decision by court
39 Appeal to Court of Appeal
40 Application for stay
PART VII
General
41 Extra-provincial corporations
42 Information to be provided on request
43 Evidence
44 Disclosure by registrar
45 Prohibitions
46 Offences and penalties
47 Immunity
48 Regulations
PART VIII
Transitional and Coming into Force
49 Transitional
50 Coming into force

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
CHAPTER C-6.2
An Act to regulate Charitable Fund-raising Businesses
PART I
Preliminary Matters
Short title
1This Act may be cited as The Charitable Fund-raising Businesses Act.
Interpretation
2In this Act:
(a)“applicant” means a fund-raising business that applies for a licence, or
a renewal of a licence, pursuant to this Act;
(b)“charitable organization” means a registered charity as defined in the
Income Tax Act (Canada);
(c)“charitable purpose” means a philanthropic, benevolent, educational,
health, humane, religious, cultural, artistic, athletic, conservation or
recreational purpose;
(d)“contribution” means:
(i) money, goods or services given to a charitable organization for a
charitable purpose; or
(ii) a promise or pledge to give money, goods or services to a charitable
organization for a charitable purpose;
(e)“court” means the Court of Queen’s Bench;
(f)“fund-raising agreement” means a fund-raising agreement that meets
the requirements of section 26;
(g)“fund-raising business” means a person that:
(i) for remuneration, manages or is responsible for a solicitation by or
on behalf of a charitable organization; and
(ii) is not an employee of the charitable organization;
but does not include:
(iii) an entity that provides consultation services or advice with respect
to a solicitation but does not manage or have responsibility for the
solicitation; or
(iv) any other prescribed entity;

4
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
(h)“licence” means a licence issued pursuant to section 7;
(i)“licensee” means a fund-raising business that holds a valid licence;
(j)“minister” means the member of the Executive Council to whom for the
time being the administration of this Act is assigned;
(k)“prescribed” means prescribed in the regulations;
(l)“registrar” means the person appointed as registrar of charities pursuant
to section 4 and includes any deputy registrar appointed pursuant to that
section;
(m)“representative” means a person that, for remuneration, makes or
manages a solicitation on behalf of a licensee;
(n)“solicitation” means:
(i) a request made to a member of the general public who resides in
Saskatchewan for a contribution in which it is stated or implied that all
or a portion of the contribution will be used by a charitable organization
for a charitable purpose; or
(ii) a request made to a member of the general public who resides in
Saskatchewan for a contribution through the purchase of 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 for a charitable
purpose.
2002, c.C-6.2, s.2.
Non-application of Act
3(1) In this section, “lottery scheme” means a lottery scheme that is authorized
by section 207 of the Criminal Code.
(2) This Act does not apply to a solicitation made with respect to a lottery scheme
that is lawfully conducted by a charitable organization.
(3) All or any provision of this Act does not apply:
(a) to any prescribed person or any class of prescribed persons; or
(b) in any prescribed circumstance.
2002, c.C-6.2, s.3.
Appointment of registrar of charities
4The minister may appoint:
(a) a person as registrar of charities for the purposes of this Act; and
(b) one or more persons as deputy registrars.
2002, c.C-6.2, s.4.

5
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
PART II
Licensing of Fund-raising Businesses
Licence required
5No person shall act as a fund-raising business without holding a licence
pursuant to this Part.
2002, c.C-6.2, s.5.
Application for licence or renewal of licence
6A fund-raising business that wishes to obtain or renew a licence shall:
(a) apply to the registrar in the form provided by the registrar;
(b) provide the registrar with:
(i) an address for service in Saskatchewan; and
(ii) any other information that the registrar may reasonably require;
(c) submit to the registrar the prescribed application fee; and
(d) comply with any other prescribed requirements.
2002, c.C-6.2, s.6.
Issuance or renewal of licence
7The registrar may issue a licence to an applicant, or renew the licence of an
applicant, if the registrar:
(a) receives an application pursuant to section 6; and
(b) is satisfied that the applicant has complied with this Act.
2002, c.C-6.2, s.7.
Refusal to issue or renew licence
8(1) Subject to section 16, on receipt of an application pursuant to section 6, the
registrar may refuse to issue or renew a licence if the registrar has reasonable
grounds to believe that:
(a) based on the past conduct of the applicant, or any officers, directors or
representatives of the applicant, the applicant will not carry on business with
honesty and integrity and in accordance with this Act, the regulations or any
term or condition of the licence;
(b) the applicant has made a false or misleading statement, with respect to
any matter that the registrar considers material, in an application pursuant
to section 6 or in any of the information or material submitted to the registrar
in support of an application;
(b.1) the applicant has raised funds, or intends to raise funds, for a
charitable organization that is named in a valid certificate signed pursuant to
the Charities Registration (Security Information) Act (Canada); or
(c) it is not in the public interest to issue or renew the licence.

6
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
(2) For the purposes of clause (1)(b.1), a certificate is deemed to be valid pending
the determination of:
(a) a reference to the Federal Court pursuant to section 6 of the Charities
Registration (Security Information) Act (Canada) with respect to the certificate;
or
(b) a review of the certificate pursuant to section 10 or 11 of the Charities
Registration (Security Information) Act (Canada)
2002, c.C-6.2, s.8; 2003, c.29, s.2.
Suspension or cancellation of licence
9(1) Subject to section 16, the registrar may suspend or cancel a licence on any
ground on which the registrar might have refused to issue or renew the licence
pursuant to section 8.
(2) If the registrar considers it appropriate to do so, and on receipt of any
prescribed reinstatement fee, the registrar may reinstate a licence that has been
suspended.
2002, c.C-6.2, s.9.
Terms and conditions of a licence
10(1) On issuing, renewing or reinstating a licence, the registrar may include any
terms and conditions that the registrar considers appropriate.
(2) Subject to section 16, at any time after a licence is issued, renewed or
reinstated, the registrar may amend the terms and conditions of the licence.
2002, c.C-6.2, s.10.
Licence not transferable
11A licence issued, renewed or reinstated pursuant to this Part is not transferable.
2002, c.C-6.2, s.11.
Expiry and renewal of licence
12Unless renewed pursuant to section 7 or cancelled pursuant to section 9, a
licence expires on the expiration of the prescribed period.
2002, c.C-6.2, s.12.
Financial security may be required
13(1) The registrar may require:
(a) an applicant to file a bond with the registrar as part of the applicant’s
application;
(b) a fund-raising business whose licence has been suspended to file a bond
with the registrar prior to reinstatement of the licence; or
(c) a licensee to file a bond with the registrar at any time during the term of
a licence.

7
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
(2) A bond required pursuant to subsection (1) must:
(a) be in the amount and in the form that the registrar considers appropriate;
and
(b) be issued by an insurer licensed pursuant to The Saskatchewan Insurance
Act to transact guarantee insurance.
(3) Notwithstanding that the Crown in right of Saskatchewan has not suffered
any loss or damage:
(a) every bond filed with the registrar pursuant to subsection (1) must be
construed as being a penal bond; and
(b) if any bond is forfeited pursuant to subsection (4), the amount due and
owing as a debt to the Crown in right of Saskatchewan by the person bound by
the bond must be determined as if the Crown had suffered a loss or damage
that would entitle the Crown to be indemnified to the maximum amount of
liability set out in the bond.
(4) Every bond filed with the registrar pursuant to subsection (1) is forfeited on
the demand of the registrar if all or any of the following occurs and there is no
further appeal or the time for an appeal has elapsed:
(a) the person with respect to whose conduct the bond is conditioned or any
agent of that person has been convicted of:
(i) an offence pursuant to this Act or the regulations; or
(ii) an offence involving fraud or theft or conspiracy to commit an
offence involving fraud or theft pursuant to the Criminal Code;
(b) final judgment respecting a claim arising out of a fund-raising agreement
has been given against the person with respect to whose conduct the bond is
conditioned or against any agent of that person;
(c) the person with respect to whose conduct the bond is conditioned commits
an act of bankruptcy, whether or not proceedings have been taken pursuant to
the Bankruptcy and Insolvency Act (Canada);
(d) the registrar has issued a written decision stating in effect that, after
consideration and investigation of a complaint, the registrar is satisfied that
the person with respect to whose conduct the bond is conditioned or any agent
of that person:
(i) has contravened a provision of this Act or the regulations, has failed
to comply with any term or condition of a licence, or is in breach of a fund-
raising agreement; and
(ii) either:
(A) has departed from Saskatchewan;
(B) is outside of Saskatchewan and remains outside of
Saskatchewan;

8
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
(C) has departed from the person’s dwelling house or has otherwise
absented himself or herself and reasonable efforts have failed to
locate the person in Saskatchewan; or
(D) in the case of a corporation, the corporation’s name has been
struck off a register of companies.
(5) The registrar may, by order, direct that any moneys recovered pursuant to a
forfeited bond be:
(a) paid over in accordance with and on the conditions set forth in the order:
(i) to the local registrar of the court in trust for any persons that may
become judgment creditors of the person named in that bond for claims
arising out of a fund-raising agreement; or
(ii) to any trustee, custodian, interim receiver, receiver or liquidator of
the person named in the bond or his, her or its agent; or
(b) paid over to any persons that the registrar may determine to be entitled
to them.
(6) Any moneys not paid over pursuant to an order of the registrar made pursuant
to subsection (5) must, after the payment of any expenditures incurred by the
registrar in connection with the forfeiture of the bond and the determination and
settlement of valid claims, be refunded to the surety or obligor pursuant to the
bond.
(7) Notwithstanding section 16, if a bond filed with the registrar pursuant to
subsection (1) is no longer in effect, the licensee’s licence is automatically
suspended.
(8) If a licence is automatically suspended pursuant to subsection (7), the
registrar shall, within 15 days, provide written notice to the licensee of the
suspension.
2002, c.C-6.2, s.13.
Audit of licensees
14(1) For the purpose of verifying a licensee’s continued eligibility for a licence,
the registrar may, at any time:
(a) require the licensee to submit to the registrar any further information or
material that the registrar may reasonably require; and
(b) require verification, by affidavit or otherwise, of any information or
material submitted to the registrar pursuant to clause (a).
(2) No licensee who receives a request from the registrar pursuant to subsection (1)
shall fail to comply with that request within the period specified by the registrar.
2002, c.C-6.2, s.14.

9
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Licensee to notify registrar if circumstances change
15(1) Within 30 days after a prescribed change in circumstances, an applicant or
licensee shall notify the registrar in writing.
(2) Subject to section 16, after receiving information that there has been a change
in circumstances in accordance with subsection (1), the registrar may:
(a) refuse to issue or renew a licence;
(b) suspend or cancel a licence; or
(c) amend the terms and conditions of a licence.
(3) Subject to section 16, if an applicant or licensee fails to comply with
subsection (1), the registrar may:
(a) refuse to issue or renew a licence;
(b) suspend or cancel a licence; or
(c) amend the terms and conditions of a licence.
2002, c.C-6.2, s.15.
Notification by registrar
16(1) The registrar shall not do any or all of the following without providing
written notice to the applicant or licensee and giving the applicant or licensee an
opportunity to make written representations:
(a) refuse to issue or renew a licence;
(b) suspend or cancel a licence;
(c) amend the terms and conditions of a licence.
(2) Notwithstanding subsection (1), if the registrar considers that it is necessary
and in the public interest to take immediate action, the registrar may immediately
suspend or cancel a licence without providing written notice to the licensee and
giving the licensee an opportunity to make written representations, but the
registrar shall give the licensee an opportunity to make written representations
within 15 days after the date on which the registrar suspends or cancels a licence.
(3) On receiving an applicant’s or licensee’s written representations pursuant to
this section, the registrar shall, within a reasonable period:
(a) consider the submissions and make a decision;
(b) notify the applicant or licensee, in writing, of the registrar’s decision;
(c) provide written reasons for the registrar’s decision; and
(d) provide the applicant or licensee with information respecting the right of
appeal pursuant to section 36.
2002, c.C-6.2, s.16.

10
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
PART III
Rules re Solicitations
Application of Part
17This Part applies to the following solicitations:
(a) a door-to-door solicitation;
(b) a telephone solicitation;
(c) a mail solicitation;
(d) any other prescribed solicitation.
2002, c.C-6.2, s.17.
Information to be provided to registrar
18(1) No licensee shall commence a campaign of solicitation without providing
the registrar with the prescribed information.
(2) The information mentioned in subsection (1) must be provided within the
prescribed period.
2002, c.C-6.2, s.18.
Hours of solicitation
19No charitable organization, licensee or representative shall make a telephone
solicitation or a door-to-door solicitation except between the hours of 8:00 a.m.
and 9:00 p.m.
2002, c.C-6.2, s.19.
Identification card
20(1) A licensee shall provide an identification card to each of its representatives
who will be making a door-to-door solicitation.
(2) The identification card mentioned in subsection (1) must contain the following
information:
(a) the name of the representative of the licensee;
(b) the name, address and telephone number of the licensee;
(c) the number on the licensee’s licence;
(d) the signature of an officer of the licensee;
(e) any other prescribed information.
(3) No representative of a licensee shall make a door-to-door solicitation unless
that person displays in the prescribed manner the identification card provided by
the licensee.

11
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
(4) If a person has been provided with an identification card in accordance with
subsection (1), and subsequently that person is no longer authorized to act on
behalf of the licensee, or the fund-raising business no longer holds a valid licence,
that person shall promptly surrender the identification card to:
(a) if the person is no longer authorized to act on behalf of the licensee, an
officer of the licensee; or
(b) if the fund-raising business no longer holds a valid licence, the registrar.
2002, c.C-6.2, s.20.
Disclosure of information
21Prior to accepting a contribution, every licensee or representative shall
provide the person who is being solicited with the following information in the
prescribed manner and form:
(a) the licensee’s name, address and telephone number;
(b) the number on the licensee’s licence;
(c) if a representative is involved in the campaign, the name of the licensee’s
representative;
(d) the remuneration being paid to:
(i) the licensee; and
(ii) if a representative is involved in the campaign, the representative;
(e) any information the registrar may reasonably require to be disclosed;
(f) any other prescribed information.
2002, c.C-6.2, s.21.
Refrain from making solicitations
22If a person requests a charitable organization, licensee or representative to
refrain from making solicitations to that person, the charitable organization,
licensee or representative shall immediately:
(a) comply with the request; and
(b) place that person’s name on a list of persons who may not be solicited
that is compiled by the charitable organization, licensee or representative, as
the case may be.
2002, c.C-6.2, s.22.

12
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
PART IV
Documents and Information
Application of subsections 24(2) and 25(3)
23(1) In this section:
(a)“former licensee” means a fund-raising business that was a licensee
but that no longer holds a valid licence;
(b)“former representative” means a person that was a representative
but that is no longer a representative.
(2) Subsections 24(2) and 25(3) apply to a former licensee as if that former
licensee still held a valid licence, and no former licensee shall fail to comply with
those subsections.
(3) Subsection 25(3) applies to a former representative as if that former
representative was still a representative, and no former representative shall fail to
comply with that subsection.
2002, c.C-6.2, s.24.
Duty to maintain records
24(1) A licensee shall ensure that the following records are made:
(a) complete and accurate financial records of its operations in Saskatchewan
that include the prescribed information;
(b) any other prescribed records.
(2) A licensee shall maintain:
(a) the records mentioned in clause (1)(a) for at least six years after the last
solicitation; and
(b) the records mentioned in clause (1)(b) for the prescribed period.
2002, c.C-6.2, s.24.
Donor list
25(1) In this section, “donor list” means the list of names of those persons who
have contributed to a particular charitable organization, and includes any other
information that the charitable organization records respecting those persons.
(2) A donor list is the property of and under the control of the charitable
organization that compiled the list, or on whose behalf it was compiled.
(3) If a donor list is held by a licensee or representative on behalf of a charitable
organization:
(a) the donor list is deemed to remain the property of and under the control
of that charitable organization; and
(b) the licensee or representative shall not use or in any way deal with the
donor list, except with respect to a solicitation made on behalf of that
charitable organization.
2002, c.C-6.2, s.25.

13
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Fund-raising agreement
26(1) No licensee shall commence a campaign of solicitation unless the licensee
has entered into a fund-raising agreement that meets the requirements of this
section with the charitable organization on whose behalf solicitations are to be
made.
(2) The fund-raising agreement mentioned in subsection (1):
(a) must be in writing;
(b) must include:
(i) all the terms and conditions between the parties respecting the
fund-raising, including:
(A) the duties and responsibilities of both parties; and
(B) the manner in which the fund-raising agreement may be
terminated;
(ii) an estimate of the amount of contributions to be received and an
estimate of the expenses and costs of the fund-raising;
(iii) 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;
(iv) the address of:
(A) the charitable organization; and
(B) the licensee;
(v) the name and telephone number of the contact person for:
(A) the charitable organization; and
(B) the licensee; and
(vi) any other prescribed matter; and
(c) must set out:
(i) the solicitation method or methods to be used;
(ii) the remuneration of the licensee, being either or a combination of
the following:
(A) a specified amount of money;
(B) a specified percentage of gross contributions; and
(iii) the method by which the remuneration is to be paid.
(3) Every licensee that enters into a fund-raising agreement pursuant to
subsection (1) shall provide a copy of that agreement to the registrar within the
prescribed period prior to commencing a campaign of solicitation.
2002, c.C-6.2, s.26.

14
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Agreement contrary to public policy
27(1) In this section and section 28, “agreement” means an agreement between
a charitable organization and a fund-raising business with respect to the
management by the fund-raising business of a solicitation by or on behalf of the
charitable organization, and includes a fund-raising agreement.
(2) A charitable organization that enters into, or has entered into, an agreement
before or after the coming into force of this section may apply to the court to have
the agreement declared void on the ground that it is contrary to public policy.
(3) In making a determination pursuant to subsection (2), the court shall take into
account the provisions of this Act and the regulations.
2002, c.C-6.2, s.27.
Accounting
28(1) A fund-raising business, on receipt of a request from a charitable organization
with which it has entered into an agreement, shall provide an accounting to that
charitable organization.
(2) If the fund-raising business does not comply with subsection (1) within a
reasonable time of the request, the charitable organization may request the
registrar to direct the fund-raising business to provide an accounting.
(3) The registrar may direct the fund-raising business to provide an accounting
and may direct the content and form of the accounting if:
(a) on receipt of a request pursuant to subsection (2), the registrar considers
it appropriate to do so; or
(b) the registrar considers it to be necessary and in the public interest to do so.
(4) If the registrar does not direct the fund-raising business to provide an
accounting pursuant to subsection (3), or the fund-raising business does not
provide an accounting as directed by the registrar, the court may direct the fund-
raising business to provide an accounting to the court or to the registrar on the
application of:
(a) the charitable organization; or
(b) the registrar.
2002, c.C-6.2, s.28.
Annual financial statement by licensees
29In each fiscal year, a licensee shall provide the registrar with a financial
statement for the preceding fiscal year that:
(a) includes the prescribed information; and
(b) is delivered to the registrar within the prescribed period after the end of
the fiscal year to which it relates.
2002, c.C-6.2, s.29.

15
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
PART V
Investigations
Interpretation of Part
30In this Part:
(a)“record” means a book, paper, document or thing, whether in electronic
form or otherwise, that may contain information respecting the finances or
business of a fund-raising business or representative;
(b)“registrar” includes any person authorized by the registrar pursuant to
subsection 31(1).
2002, c.C-6.2, s.30.
Investigation by registrar
31(1) The registrar may authorize any person that the registrar considers
appropriate to conduct any audit, investigation or inquiry and to exercise any of the
registrar’s powers pursuant to this Part.
(2) The registrar may conduct an audit, investigation or inquiry with respect to
any matter that the registrar considers necessary respecting the administration of
this Act or the regulations.
(3) For the purposes of an audit, investigation or inquiry pursuant to this section,
the registrar may at any reasonable time, inquire into and examine:
(a) the business affairs of the person being audited, investigated or inquired
into;
(b) any record of the person with respect to whom the audit, investigation or
inquiry is being made and any payments to, by or on behalf of, in relation to or
in connection with that person; and
(c) any property or assets of, or things owned, acquired or alienated in whole
or in part by, the person with respect to whom the audit, investigation or
inquiry is being made or by any person acting on behalf of or as agent for that
person.
2002, c.C-6.2, s.31.
Production of records
32The registrar may, at any reasonable time, demand the production of and
inspect any record of the person with respect to whom the audit, investigation or
inquiry is being made, and any person who has the custody, possession or control of
that record shall produce it and permit inspection of it by the registrar.
2002, c.C-6.2, s.32.

16
c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Copies of records
33(1) If a record has been examined pursuant to section 31 or inspected pursuant
to section 32, the registrar may make copies of that record.
(2) A copy of a record certified by the registrar to be a copy made pursuant to this
section:
(a) is admissible in evidence without proof of the office or signature of the
person purporting to have signed the certificate; and
(b) has the same probative force as the original record.
(3) The registrar shall ensure that after copies of any records examined pursuant
to this Part are made, the originals are promptly returned to:
(a) the place they were removed from; or
(b) any other place that may be agreed to by the registrar and the person
who had the custody, possession or control of the record.
2002, c.C-6.2, s.33.
Warrant
34(1) If the registrar, pursuant to this Part, requires the production of any record
and the person from whom the record is required refuses or neglects to produce that
record, the registrar may apply ex parte to a justice of the peace or a judge of the
provincial court for a warrant authorizing the registrar or a person named in the
warrant to:
(a) enter and search any premises named in the warrant for the record that
the person refused or neglected to produce; and
(b) seize and take possession of the record.
(2) A justice of the peace or judge of the provincial court, if satisfied on oath of the
registrar that the registrar has required production of a record and the person from
whom production was required has refused or neglected to produce that record,
may issue the warrant.
2002, c.C-6.2, s.34.
Costs of investigation outside of Saskatchewan
35(1) If the registrar is required to conduct an audit, investigation or inquiry
outside of Saskatchewan, the person with respect to whom the audit, investigation
or inquiry is being made shall pay all of the reasonable costs associated with the
audit, investigation or inquiry, including reasonable travel costs.
(2) No person with respect to whom an audit, investigation or inquiry is being
made shall fail to pay an amount directed to be paid pursuant to subsection (1).
2002, c.C-6.2, s.35.

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
PART VI
Appeals
Appeal to court
36(1) A person who is the subject of a decision or order of the registrar may appeal
the decision or order to the court.
(2) An appeal must be made within 30 days after a decision or order of the
registrar.
(3) Notice of an appeal is to be served on the registrar and any other person that
the court may order.
2002, c.C-6.2, s.36.
Documents to be filed with the court for purposes of appeal
37On receipt of notice of an appeal pursuant to section 36, the registrar shall file
with the court true copies of:
(a) all documents and materials that were before the registrar when the
registrar made his or her decision or order;
(b) the registrar’s decision or order; and
(c) the registrar’s written reasons for the decision or order.
2002, c.C-6.2, s.37.
Decision by court
38(1) On hearing an appeal pursuant to section 36, the court may:
(a) dismiss the appeal;
(b) allow the appeal;
(c) allow the appeal subject to terms and conditions;
(d) vary the decision or order of the registrar;
(e) refer the matter to the registrar for:
(i) further consideration; and
(ii) a decision or order; or
(f) make any other order that the court considers appropriate.
(2) The court may make any order as to costs on an appeal pursuant to section 36
that the court considers appropriate.
2002, c.C-6.2, s.38.
Appeal to Court of Appeal
39The registrar or a person who is the subject of a registrar’s decision or order
may appeal a decision or order of the court to the Court of Appeal, on a question of
law only, within 30 days after the decision or order of the court.
2002, c.C-6.2, s.39.

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Application for stay
40The commencement of an appeal pursuant to section 36 or 39 does not stay the
effect of the decision or order appealed from, unless a judge of the court or the Court
of Appeal orders otherwise.
2002, c.C-6.2, s.40.
PART VII
General
Extra-provincial corporations
41For the purposes of Part II of The Business Corporations Act, Part III of The
Non-profit Corporations Act, 1995 or Part XVIII of The Co-operatives Act, 1996, an
extra-provincial corporation that acts in Saskatchewan as a fund-raising business
is deemed to be carrying on business in Saskatchewan.
2002, c.C-6.2, s.41.
Information to be provided on request
42(1) Subject to the regulations, a charitable organization shall provide the
following information, within a reasonable time, to any person who requests it:
(a) a copy of the most recent financial statement of the charitable organization
that includes the prescribed information;
(b) with respect to solicitations:
(i) subject to subsection (2), the portion of gross contributions received
during the charitable organization’s last fiscal year that was used
directly for charitable purposes;
(ii) an estimate of the portion of gross contributions received in the
current fiscal year that will be used directly for charitable purposes; and
(iii) reasonable details regarding where and how the contributions
received as a result of the solicitations will be spent;
(c) with respect to a charitable organization that has its solicitations
managed by a licensee, the information that the licensee is required to include
on an identification card pursuant to clauses 20(2)(b) to (e);
(d) any other prescribed information.
(2) A charitable organization that is in its first fiscal year is not required to
provide the information mentioned in subclause (1)(b)(i).
2002, c.C-6.2, s.42.

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Evidence
43(1) A certificate of the registrar certifying all or any of the following facts is
admissible in evidence as proof, in the absence of evidence to the contrary, of the
facts stated in the certificate without proof of the office or signature of the person
purporting to have signed the certificate:
(a) that the fund-raising business named in the certificate was or was not
licensed;
(b) that a licence was issued to a fund-raising business on a date set out in
the certificate;
(c) that the licence issued to the fund-raising business was suspended or
cancelled;
(d) that a licence issued to a fund-raising business was made subject to
terms and conditions set out in the certificate.
(2) Evidence of one transaction involving a fund-raising business, when that fund-raising
business did not hold a valid licence pursuant to this Act at the time of the transaction, is
admissible in evidence as proof, in the absence of evidence to the contrary, that the
fund-raising business acted as a fund-raising business without a licence.
2002, c.C-6.2, s.43.
Disclosure by registrar
44The registrar may disclose any information obtained pursuant to this Act or
the regulations if, in the registrar’s opinion, the disclosure is in the public interest.
2002, c.C-6.2, s.44.
Prohibitions
45(1) In this section:
(a)“associate” means, with respect to a relationship with a licensee, an
officer or director of a licensee, or the spouse of an officer or director of a
licensee, as the case may be:
(i) a body corporate of which the licensee, officer, director or spouse
beneficially owns, directly or indirectly, more than 10% of any class of
voting equity securities of the body corporate that are outstanding at
that time;
(ii) a shareholder of the licensee;
(iii) a partner, other than a limited partner, of the licensee, officer,
director or spouse;
(iv) a trust or estate in which the licensee, officer, director or spouse has
a beneficial interest or serves as a trustee or in a capacity similar to that
of a trustee;
(v) any person who has the same residence as the licensee, officer,
director or spouse; and

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
(vi) a former spouse, child, sibling, half-sibling, parent, grandparent,
uncle, aunt, nephew or niece of an officer, director or spouse, as the case
may be, and where applicable, including step-family relationships;
(b)“interest” means ownership or financial interest in a charitable
organization and includes:
(i) an interest as a shareholder, member, director, officer or employee;
(ii) a security interest; and
(iii) any other interest that may give the holder of the interest influence
over the conduct of the affairs of the charitable organization;
(c)“spouse” means the legally married spouse of a person, or a person with
whom that person is cohabiting in a spousal relationship.
(2) No person shall, for remuneration, make or manage a solicitation on behalf of
a fund-raising business that is not a licensee.
(3) No licensee shall manage or be responsible for a solicitation on behalf of a
charitable organization in which:
(a) that licensee, or an associate of that licensee, has an interest; or
(b) an officer or director of that licensee, the spouse of an officer or director of
that licensee, or an associate of that officer, director or spouse, has an interest.
(4) No person shall:
(a) represent, directly or indirectly, that the licence issued to a fund-raising
business constitutes an endorsement or an approval by the Government of
Saskatchewan of that fund-raising business or of any charitable organization
or charitable purpose;
(b) represent in a solicitation that an individual or corporation endorses or
approves of a charitable organization or a charitable purpose unless that
individual or corporation has given prior written consent for that purpose;
(c) unless the charitable organization has given prior written consent:
(i) represent that the person is soliciting contributions for a charitable
organization; or
(ii) use any emblem or printed matter belonging to, associated with, or
substantially similar to that of a charitable organization;
(d) represent that contributions will be provided to a charitable organization
or used for a charitable purpose when the contributions are not being provided
to a charitable organization or used for a charitable purpose; or
(e) make a false statement or material misrepresentation in a solicitation.
2002, c.C-6.2, s.45.

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Offences and penalties
46(1) No person shall fail to comply with any provision of this Act or the
regulations.
(2) No licensee shall fail to comply with the terms and conditions of a licence.
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence and
liable on summary conviction:
(a) for a first offence:
(i) in the case of an individual, to a fine not exceeding $10,000, to
imprisonment for a term not exceeding one year or to both; or
(ii) in the case of a corporation, to a fine not exceeding $25,000;
(b) for a second or subsequent offence:
(i) in the case of an individual, to a fine not exceeding $25,000, to
imprisonment for a term not exceeding one year or to both; or
(ii) in the case of a corporation, to a fine not exceeding $100,000.
(4) If a corporation commits an offence pursuant to this Act, any officer, director
or agent of the corporation who directed, authorized, assented to, acquiesced in or
participated in the commission of the offence is guilty of the offence and liable on
summary conviction to the penalties mentioned in this section whether or not the
corporation has been prosecuted or convicted.
(5) No prosecution for a contravention of this Act or the regulations is to be
commenced more than two years after the facts on which the alleged contravention
is based first came to the knowledge of the registrar.
2002, c.C-6.2, s.46.
Immunity
47No action or proceeding lies or shall be commenced against the registrar, or
any other person acting pursuant to the authority of this Act or the regulations, for
anything in good faith done, caused or permitted or authorized to be done,
attempted to be done or omitted to be done by the registrar, or other person,
pursuant to or in the exercise or supposed exercise of any power conferred by this
Act or the regulations or in the carrying out or supposed carrying out of any order
made pursuant to this Act or any duty imposed by this Act or the regulations.
2002, c.C-6.2, s.47.

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
Regulations
48The Lieutenant Governor in Council may make regulations:
(a) defining, enlarging or restricting the meaning of any word or expression
used in this Act but not defined in this Act;
(b) prescribing other entities for the purposes of subclause 2(g)(iv);
(c) exempting any person or any class of persons from all or any provision of
this Act, and prescribing any circumstance in which all or any provision of this
Act does not apply;
(d) prescribing the fees to be paid for the issuance of licences, the renewal of
licences and the reinstatement of licences that have been suspended;
(e) prescribing additional requirements to be met by a fund-raising business
that applies for a licence, or a renewal of a licence, prior to the issuing or
renewal of the licence;
(f) prescribing the period after which a licence expires;
(g) prescribing changes in circumstances for the purposes of section 15;
(h) prescribing a type of solicitation to which Part III of this Act applies;
(i) prescribing information to be provided to the registrar pursuant to
section 18, including prescribing the period in which that information is to be
provided;
(j) prescribing additional information to be contained in an identification
card, and the manner in which the identification card is to be displayed in a
door-to-door solicitation;
(k) prescribing information required to be provided when making a
solicitation, and the manner and form in which information is to be provided
pursuant to section 21;
(l) prescribing information to be included in financial records pursuant to
clause 24(1)(a);
(m) requiring that certain records be kept and prescribing periods for
keeping those records pursuant to section 24;
(n) prescribing additional requirements that must be included in a fund-
raising agreement pursuant to subclause 26(2)(b)(vi);
(o) prescribing the period within which a copy of a fund-raising agreement
must be provided to the registrar;
(p) prescribing the information to be included in a financial statement
required pursuant to section 29 and prescribing the period within which that
information must be provided;

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c. C-6.2 CHARITABLE FUND-RAISING BUSINESSES
(q) prescribing the information to be included in financial statements
pursuant to clause 42(1)(a);
(r) prescribing information required to be provided pursuant to clause 42(1)(d);
(s) prescribing any matter or thing required or authorized by this Act to be
prescribed in the regulations;
(t) respecting any other matter or thing that the Lieutenant Governor in
Council considers necessary to carry out the intent of this Act.
2002, c.C-6.2, s.48.
PART VIII
Transitional and Coming into Force
Transitional
49A person that is required to be licensed pursuant to this Act:
(a) shall apply to the registrar for a licence within 90 days after the coming
into force of this section; and
(b) if an application has been made pursuant to clause (a), may carry on
business without a licence until:
(i) the person is granted a licence pursuant to this Act; or
(ii) the person is notified by the registrar in writing that the application
for a licence has been refused.
2002, c.C-6.2, s.49.
Coming into force
50This Act comes into force on proclamation.
2002, c.C-6.2, s.50.

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REGINA, SASKATCHEWAN Printed by the authority of
T HE QUEEN’S PRINTER Copyright©2003