Authored by Derek B.M. Ross.
Manitoba’s charitable fundraising law, the Charities Endorsement Act, has been repealed, effective December 31, 2013.
This means that charities in Manitoba are no longer required to register separately with the provincial government to raise funds in that province (although many religious organizations qualified for an exemption under the old law).
The Charities Endorsement Act was repealed by Bill 46, The Statutes Correction and Minor Amendments Act, 2013. Bill 46 noted that the Charities Endorsement Act was repealed along with two other laws that were “outdated or obsolete”.
All registered charities in Canada are regulated by the federal government under the Income Tax Act, but are subject to provincial laws as well. It appears the Manitoba government determined that its fundraising regulatory regime was no longer necessary, although other provinces, including Alberta and Saskatchewan, still have fundraising legislation in place (charities raising funds in those provinces should be aware of the requirements, set out in this CCCC Bulletin Article).
Registered charities in Manitoba continue to be subject to the provisions of the Income Tax Act, as administered by the Canada Revenue Agency (CRA). CRA also regulates charitable fundraising, and has a detailed guidance setting out its position on what fundraising activities are, and are not, acceptable. For more information, see CCCC’s resources on Fundraising Regulation and our previous blog post, 4 Ways to Comply with CRA’s New Fundraising Guidance.
Noteworthy is provided for general information purposes and does not constitute legal or professional advice. Every organization’s circumstances are unique. Before acting on the basis of information contained in this blog, readers should consult with a qualified lawyer for advice specific to their situation.