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The Charities Endorsement Act

REPEALED
Date: December 31, 2013

C.C.S.M. c. C60

The Charities Endorsement Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1(1)        In this Act,

"authorized", where it relates to authority, valid throughout the province, to do any of the things to which subsection 2(1) applies, means authorized by the minister; and in all other cases means authorized in writing by the mayor or reeve of a municipality or any other person or body appointed for the purpose by the council of the municipality; (« autorisé »)

"charitable purpose" includes any charitable, benevolent, philanthropic, patriotic, athletic, artistic, or civic purpose and any purpose that has as its object the promotion of a civic improvement or the provision of a public service; (« oeuvre de charité »)

"common-law partner" of a person means a person, who not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

"goods" includes wares, merchandise, and personal property, of every kind and also certificates, vouchers, tickets, tags, orders, or other documents, on presentation of which wares or merchandise or anything of value, or any service or privilege may be obtained, or that might entitle the holder to receive wares, merchandise, or anything of value or any service or privilege; (« biens »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"promotional agency" includes all persons and firms carrying on business or acting as agents or otherwise, to promote, further, organize, develop, manage, administer, or otherwise control or assist in the promotion, organization, development or management of any undertaking whatsoever; (« organisme de promotion »)

"religious denomination" means an organized society, association, or body, of religious believers or worshippers professing to believe in the same religious doctrines, dogmas, or creed, and closely associated or organized for religious worship or discipline, or both. (« secte religieuse »)

Powers of certain corporations

1(2)        Any powers granted to a corporation by its Act of incorporation or letters patent shall be deemed not to be an authorization under this Act.

Person, corporation, etc., defined

1(3)        Each of the words or expressions "person", "corporation", "association", "society", "organization", "body" and "body of persons", wherever used in this Act includes promotional agency.

Registered common-law relationship

1(4)        For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

S.M. 1996, c. 48, s. 8; S.M. 2002, c. 24, s. 8; S.M. 2002, c. 48, s. 28.

Unauthorized canvassing, etc., prohibited

2(1)        Unless authorized, no person, and no association, society, or other organization or body of persons shall, directly or indirectly, either for himself or itself or on behalf of any person or any association, society, or other organization or body of persons, whether on a street or in any other public place, or in any building or office or elsewhere, or by house to house canvass, by telephone, mail, or personal solicitation, or by publication or radio or television announcement, or in any other way,

(a) canvass for, solicit, or collect money, goods, or financial assistance of any kind; or

(b) sell or provide, or offer to sell or provide, any goods, services, or other thing of value or any tag, ticket, or emblem; or

(c) instruct or cause any person to do anything to which clause (a) or (b) refers;

on the plea or representation, direct or implied, that the money, goods, or financial assistance, or the sale or provision, or the whole or part of the proceeds thereof, is for a charitable purpose.

Where section not applicable

2(2)        Subject to subsection (3), this section does not apply to canvassing, soliciting, or collecting

(a) for the purposes of a corporation, association, society, or other organization or body of persons, among the persons who are members thereof; or

(b) by a religious denomination for its own purposes; or

(c) by any person, association, society or other organization, by means of a lottery scheme that is licensed under The Manitoba Lotteries Corporation Act or that has been licensed by the Lieutenant Governor in Council, or pursuant to an order in council.

Meaning of "member"

2(3)        In subsection (2) the expression "member" refers only to a person

(a) who is a member of the corporation, association, society, organization, or body, at the time the canvassing, soliciting, or collecting, is done; or

(b) who has been a member thereof at any time within the preceding five years; or

(c) who is the spouse, common-law partner, son, or daughter of a person to whom clause (a) or (b) applies;

and does not include a person who becomes a member by making a donation, contribution, or purchase, in response to the canvassing, soliciting, or collecting, unless he is a person to whom clause (b) or (c) refers.

Period of authorization and revocation

2(4)        An authorization given under subsection (1) may, at the discretion of the authority giving it, be made valid for a limited time only or until revoked; and any such authorization may be revoked at any time.

2(5)        Repealed, S.M. 1996, c. 48, s. 8.

Promotional agency

2(6)        Where, for a charitable purpose, any person, association, society, or other organization or body of persons to whom subsection (1) refers proposes to carry on any undertaking in respect of which authorization under this Act is required, through or with the assistance of a promotional agency, the authorization shall not be granted and the undertaking shall not be carried out unless

(a) the terms of any contract or other arrangement negotiated with the promotional agency are disclosed to the authority from whom or which the authorization is required;

(b) the remuneration to be paid to the promotional agency is expressed in the contract or other arrangement either as a fixed sum or as a percentage of the net profit to be realized from the undertaking, after payment of all expenses incidental thereto excepting only that remuneration;

(c) the authority from whom or which the authorization is required approves of the amount of or the basis for the remuneration; and

(d) the promotional agency confirms in writing that, upon completion of the undertaking, it will furnish that authority with a complete, audited financial statement in respect thereof and with such further statements or information as the authority may in his or its discretion deem necessary.

Validity of contract

2(7)        No contract or other arrangement referred to in subsection (6) shall be valid and binding upon the parties thereto unless and until the authorization required by this Act is granted.

Sale of tags, etc., prohibited

2(8)        Without restricting the generality of subsection (1), no promotional agency, unless authorized, shall sell or provide or offer to sell or provide, on its own behalf or for others, any tags, tickets or emblems on the understanding that any part of the proceeds, or any of the tags, tickets or emblems, will be used for a charitable purpose.

S.M. 1993, c. 41, s. 10; S.M. 1996, c. 48, s. 8; S.M. 2002, c. 24, s. 8; S.M. 2008, c. 42, s. 6.

A tag day is prohibited

3           Unless authorized, no person and no association, society, or other organization or body of persons, shall, in any municipality, hold a day of the kind commonly called "a tag day" for collecting on the streets or in any other public place or elsewhere in the municipality money for any charitable purpose.

Offence and penalty

4           Every person, association, society, or other organization or body of persons who or which contravenes or disobeys any provision of this Act is guilty of an offence and is liable, on summary conviction, for each such offence, if an individual to a fine of $50. or to imprisonment for a term not exceeding 10 days, or to both, and if a corporation to a fine not exceeding $500.

Regulations

5           For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section has the force of law.