Alberta Record

· Bill / Shift of Ministerial Powers · enacted

Bill 38 — Charitable Fund-raising Act: Shift of Ministerial Powers to Director

This bill transfers various powers and duties related to charitable fund-raising regulation from the Minister to an appointed Director, centralizing administrative decision-making.

Moderate impactCentralization of powerThe public, directly

What changed

  • Amends the Charitable Fund-raising Act to define 'director' and 'inspector' as appointed individuals.
  • Transfers the power to refuse/renew registrations and impose terms/conditions from the Minister to the Director (Section 2(3), (5)).
  • Transfers the duty to give notice of decisions from the Minister to the Director (Section 2(4), (6)).
  • Transfers the power to establish standards of practice to the Director (Section 2(7)).
  • Transfers the power to suspend or cancel registrations/licences and impose terms/conditions to the Director (Section 2(11)).
  • Establishes new sections for the appointment of a Director of Charitable Fund-raising and inspectors by the Director (Sections 46.1, 46.2).
  • Updates liability protection to include the Director alongside the Minister (Section 2(16)).

Why it matters

  • Centralizes administrative decision-making authority within the department by shifting statutory powers from the Minister to an appointed Director.
  • May streamline regulatory processes for charitable organizations and fund-raising businesses by delegating authority to an administrative official.
  • Alters the accountability structure for regulatory decisions, moving it from a directly elected official to an appointed administrator.

Other governance concerns

  • Shift of statutory authority from Minister to appointed Director
  • Changes to regulatory oversight of charitable organizations

Primary sources (1)

Secondary sources (1)