A Canadian Volunteer Agreement is a written document that formalizes the relationship between an organization and an individual who agrees to provide services without compensation. Unlike the United States, Canada does not have a federal Volunteer Protection Act providing blanket immunity to volunteers. Instead, volunteer liability protection is governed provincially and varies significantly across jurisdictions.

In British Columbia, the Volunteer Protection Act (S.B.C. 2017, c. 15) grants volunteers immunity from personal liability for damages caused while performing volunteer services, provided the volunteer acted in good faith and was not grossly negligent. Alberta enacted similar legislation through the Volunteer Protection Act (S.A. 2017, c. V-4.5), offering comparable protections. Ontario, however, has no standalone volunteer protection statute. The Good Samaritan Act, 2001 (S.O. 2001, c. 2) provides limited protection for individuals who voluntarily render emergency assistance, but this does not extend to routine volunteer activities.

The Agreement serves a critical function in distinguishing the volunteer relationship from employment. If a court or labour tribunal determines that a purported volunteer is actually an employee, the organization could face liability for unpaid wages, CPP and EI contributions, vacation pay, statutory holiday pay, and termination notice under the applicable provincial Employment Standards Act. The Ontario Labour Relations Board and provincial employment standards tribunals have considered factors such as control over the individual, regularity of hours, economic dependence, and whether compensation (including benefits in kind) is provided when determining whether a true volunteer relationship exists.

Organizations should also carry general liability insurance that extends to volunteer activities, as provincial volunteer protection legislation does not shield the organization itself from vicarious liability for volunteer actions.

A Volunteer Agreement is needed whenever an organization engages individuals to perform tasks without compensation. This includes charities, not-for-profit corporations, community organizations, sports clubs, religious institutions, and any entity that relies on volunteer labour.

The Agreement is particularly important when volunteers will have access to confidential information about clients, donors, or service recipients. Under the Personal Information Protection and Electronic Documents Act (PIPEDA, S.C. 2000, c. 5), organizations are responsible for protecting personal information in their custody, and this obligation extends to information accessed by volunteers. A signed confidentiality clause provides legal recourse if a volunteer mishandles private data.

Organizations that work with children, youth, or vulnerable adults should require a Vulnerable Sector Check before the volunteer begins their duties. While there is no universal federal requirement, most provincial child protection frameworks and sector-specific regulations expect organizations to screen volunteers who will have unsupervised access to vulnerable populations. The Criminal Records Act (R.S.C., 1985, c. C-47) governs the disclosure of criminal record information, and the Volunteer Agreement should address how background check results will be handled in compliance with privacy legislation.

The Agreement is also essential for clarifying intellectual property ownership. Unlike employees, whose employer-created works are automatically owned by the employer under section 13(3) of the Copyright Act (R.S.C., 1985, c. C-42), volunteers retain copyright in works they create unless there is a written assignment. Without an IP assignment clause in the Agreement, the organization may not own photographs, written materials, designs, or software created by volunteers during their service.

A comprehensive Canadian Volunteer Agreement must begin with a clear statement that the individual is a volunteer and not an employee, independent contractor, or agent of the organization. This clause should explicitly reference the fact that no wages, benefits, CPP contributions, EI premiums, or T4 slips will be issued, and that provincial Employment Standards Act protections do not apply to the relationship.

The role description should detail the volunteer’s title, duties, reporting structure, and location of activities. A vague or open-ended role description risks blurring the line between volunteer and employee, particularly if the volunteer performs the same work as paid staff on a regular schedule.

Confidentiality provisions should require the volunteer to protect all personal, financial, and operational information they encounter. This clause should reference PIPEDA and any applicable provincial privacy legislation (PIPA in Alberta, PIPA in British Columbia, or Quebec’s Act respecting the protection of personal information in the private sector) and should survive termination of the Agreement.

The liability and assumption of risk clause should address provincial volunteer protection legislation where applicable. In BC and Alberta, reference the applicable Volunteer Protection Act. In other provinces, the Agreement should include a general release and hold harmless clause, acknowledging the inherent risks of volunteer activities and limiting the organization’s liability to the extent permitted by law.

The Agreement should address expense reimbursement carefully. Reimbursement of actual, documented out-of-pocket expenses (transit, parking, meals) does not create an employment relationship, but regular stipends or honoraria could be characterized as compensation by a labour tribunal. The CRA may also treat regular payments to volunteers as taxable income if they exceed actual expense reimbursement.

Finally, include a governing law clause specifying the province whose laws apply, and a termination clause confirming that either party may end the relationship at any time without notice or cause.