November 2, 2004

Your e-mail dated October 11th, 2004, addressed to the Attorney General, has been forwarded to me for response.

I note your concerns about the Society for the Prevention of Cruelty to Animals of British Columbia (BC SPCA) and your request for an investigation of the Society under Bill 63, the Charitable Purposes Preservation Act. Bill 63 does not contain provisions that allow the Attorney General to investigate or otherwise intervene in the administration of charities. The Bill ensures that, if property (including money) is given to a charity for a specific purpose (as defined in the Bill), the general creditors of the charity will not be able to take legal proceedings against that property to recover for claims unrelated to that purpose.

Under Section 84 (1) of the Society Act, if it appears to the Registrar of Companies that a society exists for an illegal purpose, is not conducted in a proper manner within the scope of Section 14 of the Act or is likely to become insolvent, or is otherwise acting in a manner contrary to the public interest, the Registrar must report the facts to the Society and to make a written report to the Minister of the investigator's finds.

The Ministry of Finance is responsible for the Corporate Registry and the Society Act. Therefore, I have forwarded a copy of your e-mail to the Honourable Gary Collins, Minister of Finance, for his attention.

The Minister of Agriculture, Food and Fisheries is responsible for the legislation governing the BC SPCA. I have also forwarded a copy of your e-mail to the Honourable John van Dongen, Minister of Agriculture, Food and Fisheries, for his information.

I appreciate your taking the time to express your concerns.

Yours truly,

Robert G. W. Lapper

Assistant Deputy Attorney General

pc: The Honourable Gary Collins

The Honourable John van Dongen