4th Floor, 2365 Albert Street
Regina, SK, S4P 4K1
Tel: (306)787-5550
Toll free: (877)880-5550
Fax: (306)787-9779
Email: consumerprotection@gov.sk.ca
For information about businesses who solicit funds on behalf of a charity select from the options below.
Requirement to be Licensed (section 5)
A for-profit charitable fund-raising businesses acting on behalf of a charity registered with the Canada Revenue Agency must be licensed with the Consumer Protection Division.
This includes the scenario when a charity contracts with and remunerates a fund-raising organization to coordinate or manage the charity’s volunteers in a solicitation drive. In such cases, the fund-raising organization must be licensed even if it does not manage or receive the receipted donations.
The sale of a “food” items, goods or services on behalf of a charity by a paid fund-raising business requires that the associated fund-raising business be licensed.
The Act does not apply to a lottery scheme, authorized by section 207 of the Criminal Code, that is lawfully conducted by a charitable organization.
Licensing Conditions (sections 10-16 regulations 3-6)
Terms and conditions of a licence
Section 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 {the right to advance notification, appeal}, at any time after a licence is issued, renewed or reinstated, the registrar may amend the terms and conditions of the licence.
Licence not transferable
Section 11 A licence issued, renewed or reinstated pursuant to this Part is not transferable.
Expiry and renewal of licence
Section 12 Unless renewed or cancelled, a licence expires on the expiration of the prescribed period [regulation 5 prescribes a one year term].
Financial security may be required
Section 13(1) The registrar may require:
The bond is generally set at $25,000.
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.
Licensing fees
Regulation 3 Every applicant for a licence or a renewal of a licence shall pay a fee of $600.
Proof of registration
Regulation 4 For the purposes of clause 6(d) of the Act, a fund-raising business that wishes to obtain or renew a licence shall provide the registrar with evidence that it is registered as required by law to carry on business in Saskatchewan:
Note however, that in the case of a corporation, both the corporate name and the business name must appear and be used on any bond or sales contract [s. 267 of The Business Corporation Act, s. 9.1 of The Business Names Registration Act ]. Where there is a partnership of corporations, the entity can elect to use all corporate names of the partnership on the contract form or simply list the registered partnership name and the registered corporate name of the principle or managing partner.
The corporate name and/or the business name must be registered (generally pursuant to The Business Corporation Act or The Business Names Registration Act) with the Corporate Registry of the Information Services Corporation (ISC) . ISC may be contacted at 1-866-275-4721. There is a periodic fee required by ISC to keep this registration active.
Term and expiry of licence
Regulation 5 “For the purposes of section 12 of the Act, a licence is valid for a period of one year and unless the licence is renewed pursuant to section 7 of the Act or cancelled pursuant to section 9 of the Act, it expires on the expiry date stated on the licence”.
Notification of any change in circumstances
Regulation 6 “For the purposes of subsection 15(1) of the Act, a prescribed change in circumstances consists of a material change in the information previously provided to the registrar in an application for:
(a) a licence;
(b) renewal of a licence; or
(c) reinstatement of a licence”
Fund-raising Agreements with Charities (section 26 regulation 13)
All fund-raising businesses and the charities they represent must enter into written fund-raising agreements with each other. Copies of the agreements between the parties and solicitation scripts to be used must be provided to the Registrar of Charities, the Consumer Protection Division, at least 30 days before any solicitations begin.
The terms of the agreement must include:
Request for Accounting by the Charity (section 28)
Charities entering into agreements with fund-raising businesses are allowed to request accountings by the business. The Registrar and the Court of Queen's Bench may demand such accountings.
Agreements Contrary to Public Interest (section 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 this Act came into force.
Any donor lists related to a solicitation drive remains the property of and under control of the charity, a clause in the contract (with the charity) contrary to that provision will not be accepted.
Information to be Provided to the Registrar Prior to a Campaign (sections 18, 26 regulation 7, 13)
Fund-raising businesses must provide the Registrar of Charities (at the Consumer Protection Division) with the following information at least 30 days before commencing a campaign:
Annual Reporting (sections 28, 29 regulation 14, 15)
Fund-raising businesses must file annual audited financial returns with the Registrar and must maintain records of their Saskatchewan operations for at least six years.
Telephone or Door to Door Solicitation Restrictions (sections 19, 20)
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.
Identification Cards (section 20 regulation 8)
Door-to-door canvassers employed by a fund-raising business must wear an identification card. The identification card must contain the following information:
Regulation 8 states:
8(1) The identification card mentioned in section 20 of the Act must:
(a) be not less than 10.0 centimetres by 14.5 centimetres;
(b) contain a picture of the representative’s face that is not less than 2.5 centimetres by 3.0 centimetres; and
(c) in addition to the requirements contained in subsection 20(2) of the Act, include:
(i) the name of the charitable organization on whose behalf solicitations
are being made; and
(ii) the words “PAID CANVASSER” in capital letters.
(2) Subject to subsection (3), the information in the identification card must be displayed in not less than 14 point bold type.
(3) The name of the licensee and the information mentioned in subclause (1)(c)(i) must be displayed in not less than 18 point bold type and the words “PAID CANVASSER” must be displayed in not less than 24 point bold type.
(4) The identification card must be easily visible and displayed on the chest area of the representative.
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:
Information to be provided to the Donor being Solicited on the Telephone (regulation 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.
(2) If a person who is being solicited by telephone requests it, the information mentioned in section 17 above, other than the name of the representative, shall be provided by the licensee or representative:
(a) in writing, using not less than 12 point type; and
(b) within 30 days after the request.
4th Floor, 2365 Albert Street
Regina, SK, S4P 4K1
Tel: (306)787-5550
Toll free: (877)880-5550
Fax: (306)787-9779
Email: consumerprotection@gov.sk.ca