Our charity is registered with the Canada Revenue Agency. If we want to fundraise in Alberta, do we need to register in Alberta, too?
Yes. If your charity asks Albertans to donate to fundraising campaigns or solicits contributions that will be used for a charitable purpose, then generally you must register in Alberta. There are some exceptions to the registration requirement-for example, for very small fundraising campaigns or solicitations limited to members for your organization-but you should assume you are subject to the regulation until you determine if you fall within the exception.
Charities must follow the rules that are set out in Alberta’s Charitable Fund-Raising Act and its regulation(s). These rules exist to protect potential donors from false and misleading requests for donations. Rules also exist to ensure the public has sufficient information to make an informed decision when making contributions.
The Alberta government, through Service Alberta, has a website that tells you exactly who needs to be registered and how to apply. Visit Consumer Tipsheet – Charitable Fundraising for instructions.
The website also explains the rules and standards of practice that must be followed by anyone who asks for charitable donations – whether or not you are registered as a charitable organization.
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Read the Charitable Fund-Raising Act and regulations. If you have questions about your status, contact the Consumer Contact Centre in Edmonton at 780-427-4088 or toll-free in Alberta at 1-877-427-4088.
What Alberta laws govern fundraising?
The Charitable Fund-Raising Act (CFRA) and the Charitable Fund-Raising Regulation lay out the rules that must be followed when charities ask Albertans for donations.Fundraisers need to know about their legislated responsibilities.
The three key responsibilities are:
- disclosing information to donors
- preparing financial statements
- keeping proper records
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For copies of the act and the regulation, see Legislation – Charities and Fundraisers
Does Alberta have special regulations for charity fundraising through casinos?
Short answer
Yes, it does. The Alberta Gaming and Liquor Commission’s Gaming for Charities guidelines lay out rules for charity fundraising through casinos, bingos, raffles, and pull tickets. Note that even charities not subject to registration under the Charitable Fund-Raising Act and regulation are required to comply with these rules.
Long answer
Alberta has adopted a charitable gaming model for these gaming activities. Casinos, bingos, raffles, and pull tickets may only occur when eligible charitable or religious groups apply for and receive licences to conduct gaming activities.
The Commission provides information about licensing eligibility, use of gaming proceeds, and financial reporting. The Commission’s Gaming Information for Charitable Groups (GAIN) training program, helps volunteers better understand the responsibilities and requirements of a gaming licence.
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You can read the Alberta Gaming and Liquor Commission’s Gaming for Charities guidelines at Gaming for Charities.
Any charitable organization in other provinces that chooses to raise funds through lotteries, bingos, and casinos should contact the relevant provincial, territorial, and municipal government departments before engaging in these activities in order to obtain any necessary permissions, permits, or licences.
I heard that Alberta charities and fundraising businesses can be fined under the Alberta Charitable Fund-Raising Act. Why would that happen?
Short answer
Yes, if a fundraising business is used to solicit donations, a potential donor must be told :
- the operating name and full legal name of the fundraising business
- how the remuneration of the fundraising business is determined
Long answer
You are required to submit a copy of the solicitation materials or canvassing scripts that will be used to solicit funds. It is a serious offence to make a false statement of fact or to misrepresent any fact or circumstance in a solicitation for a charitable donation. (For further details download the instructions from Consumer InfoSheet; Charitable Organizations That Solicit Donations
Maintaining Records of Contributions
Every charitable organization that makes solicitations must maintain complete and accurate financial records of its operations in Alberta for at least three years after the solicitations are made.
Preparing Financial Statements
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The Service Alberta site lists the Requirements for Charitable Organizations that Solicit Donations.
If our charitable organization uses the services of a fundraising business in Alberta, are there special rules that we need to follow?
Short answer
Yes, if a fundraising business is used to solicit donations, a potential donor must be told:
- the operating name and full legal name of the fundraising business
- how the remuneration of the fundraising business is determined
Long answer
You are required to submit a copy of the solicitation materials or canvassing scripts that will be used to solicit funds. It is a serious offence to make a false statement of fact or to misrepresent any fact or circumstance in a solicitation for a charitable donation. (For further details download the instructions from Consumer InfoSheet; Charitable Organizations That Solicit Donations
Maintaining Records of Contributions
Every charitable organization that makes solicitations must maintain complete and accurate financial records of its operations in Alberta for at least three years after the solicitations are made.
This would include
- Original or true copies of financial statements
- Samples of the kind of information given to potential donors, including any solicitations materials and telephone scripts
- Copies of receipts for all monetary contributions
- If a fund-raising business was used, a true copyof the fund-raising agreement
- Records of all transactions of the bank account used by the fund-raising business and a record of the names of the signing officers of the charitable organization authorized to deal with the account.
Preparing Financial Statements
A charitable organization must prepare and may be required to produce copies of its most recent financial statements. Copies of all solicitation materials, canvassing scripts and other solicitation documents may also be examined and reviewed.
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The Service Alberta site lists the Requirements for Charitable Organizations that Solicit Donations.
Our charity is considering hiring a fundraiser for our next big appeal. Are there standards of practice for fundraisers working for an Alberta charity?
Short answer
Yes, fundraisers must comply with eight standards. If fundraisers fail to meet these standards, the Minister may consider suspending or cancelling their registration or licence.
Long answer
Principals, directors, and employees of charities and fundraising businesses must follow these standards:
- Charities and fundraising businesses must comply with all relevant municipal, provincial, and federal laws.
- Charities and fundraising businesses must advocate, within the organization, adherence to all applicable laws and Standards of Practice.
- The principals, directors, managers, and employees of charities and fundraising businesses that must comply with these Standards must effectively disclose to their organization all conflicts of interest and all situations that might be perceived as a conflict of interest.
- Charities and fundraising businesses must give donors the opportunity to have their names removed from lists that are sold, rented, or exchanged with other organizations.
- Charities and fundraising businesses must not disclose any personal and confidential information about donors or prospective donors outside the work environment, and within the work environment only as appropriate.
- Charities must, to the best of their ability, ensure that contributions are used in accordance with donor’s intentions and obtain the explicit consent of a donor or the donor’s representative before altering conditions of a gift.
- Charities must use accurate and consistent accounting methods that conform to the appropriate guidelines adopted by the Canadian Institute of Chartered Accountants (CICA).
- Charities and fundraising businesses must not take unfair advantage of a donor or prospective donor for their own advantage or benefit.
Forms and instructions for registering a charity and licensing a fundraising business are available on the Government Services website at Forms – Charities and Fundraisers and all inquiries can be directed to:
Alberta Government Services
Consumer Services Branch
Phone: Edmonton (780) 427-4088 Toll-free in Alberta: 1-877-427-4088
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You may download a copy of Service Alberta’s information sheet on Standards of Practice: The Charitable Fund-raising Act standards of practice