Charity Donors

For information about charitable fund-raising businesses select from the options below.

 

• Who is required to be licensed 
• Legislation
• Agreements contrary to public interest [s.27]
• Telephone or Door to Door solicitation restrictions
• Do not call list [s.22; regulations 11]
• Information to be provided to a donor being solicited on the telephone [reg 10]
• Information to be provided to a donor other than telephone solicitation [s.21, regulation 9,10]

 

Who is required to be licensed

A for-profit charitable fund-raising businesses acting on behalf of a registered charity must be licensed with the Consumer Protection Division.  This includes the scenario when a charity contracts with and pays a fund raising organization to coordinate or manage the charity’s volunteers in a solicitation drive. 

Charities calling on their own behalf  who wish to provide tax deductible charitable donations must be registered with the Canada Revenue Agency, but do not have to be licensed with the Consumer Protection Division.  

 

Legislation

The activities and licensing of a for-profit charitable -fund-raising businesses is governed by The Charitable Fund-raising Businesses Act and The Charitable Fund-raising Businesses Regulations.

 

Agreements contrary to public interest [s.27]

The Act provides that charities may apply to the Court to have agreements cancelled as contrary to the public interest, including contracts made before the Act came into force.

 

Telephone or Door to Door solicitation restrictions

Charities and/or fund-raising businesses acting on behalf of a charity 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. 

The Canada Revenue Agency (CRA) provides a listing of registered charities, information for donors about registered charities, donation receipts, tax savings, and protection against fraudulent fundraising on their website.

 

Do not call list [s.22; regulation 11]

If individuals do not want to be solicited by a fund-raising business, they may request that their name be put on a "do not call" list of that fund-raising business.   The “do not call list” restriction does not apply if the donor is called directly by an unpaid volunteer of the charity.

 

Information to be provided to a donor being solicited on the telephone [reg 10]

Before accepting a contribution, a paid canvasser, calling a potential donor on the telephone must give the person who is being solicited certain information, including:

(a)    the licensee’s (the for profit business) name;
(b)    if a representative is making the solicitation, the fact that the representative is employed by the licensee for the purpose of making solicitations;
(c)    the name of the charitable organization on whose behalf solicitations are being made;
(d)    the charitable purpose for which contributions will be used;
(e)    the jurisdiction in which contributions will be used.

If a person who is being solicited by telephone requests it, the information mentioned above, other than the name of the representative, shall be provided by the licensee or representative:

(f)    in writing, using not less than 12 point type; and
(g)    within 30 days after the request.

 

Information to be provided to a donor other than telephone solicitation [s.21, regulation 9,10]

Prior to accepting a contribution, a representative of a fund-raising business making a solicitation (other than a telephone solicitation) on behalf of the registered charitable organization shall provide the donor with the following information:

(a)    licensee's name and the name of the canvasser making the call;
(b)    the name, e-mail, and website address of the fund-raising business they represent; 
(c)    the name, e-mail, and website address of the charitable organization on whose behalf solicitations are being made;
(d)    the charitable purpose of which contributions will be used;
(e)    the jurisdiction in which contributions will be used
(f)    the amount being paid to the fund-raising business and the canvasser; and
(g)    upon request, the above information (except for the name of the canvasser) shall be provided in writing in no less than 12 point type within 30 days after the request.