Volunteer Agreement (Canada)

A Volunteer Agreement in Canada is a legally binding written instrument.S.C. 1985, c. L-2).

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. Quebec's Civil Code of Québec (CQLR c CCQ-1991) provides general liability frameworks but no dedicated volunteer protection mechanism.

The Agreement serves a critical function in distinguishing the volunteer relationship from employment. If the Ontario Labour Relations Board, the Canada Industrial Relations Board under the Canada Labour Code (R.S.C. 1985, c. L-2), or a provincial employment standards tribunal determines that a purported volunteer is actually an employee, the organization could face liability for unpaid wages, Canada Pension Plan (CPP) contributions under the Canada Pension Plan (R.S.C. 1985, c. C-8), Employment Insurance (EI) premiums under the Employment Insurance Act (S.C. 1996, c. 23), vacation pay, statutory holiday pay, and termination notice under the applicable provincial Employment Standards Act — including Ontario's Employment Standards Act, 2000 (S.O. 2000, c. 41), British Columbia's Employment Standards Act (R.S.B.C. 1996, c. 113), and Alberta's Employment Standards Code (R.S.A. 2000, c. E-9). Tribunals assess factors such as control over the individual, regularity of hours, economic dependence, and whether any compensation or benefits in kind are provided.

Personal information collected from volunteers — including contact details, background check results, and health disclosures — is subject to PIPEDA (S.C. 2000, c. 5) for federally regulated organizations and to provincial privacy statutes including Alberta's Personal Information Protection Act (S.A. 2003, c. P-6.5), British Columbia's Personal Information Protection Act (S.B.C. 2003, c. 63), and Quebec's Act Respecting the Protection of Personal Information in the Private Sector (CQLR c P-39.1) as amended by Law 25. The Volunteer Agreement should include a PIPEDA-compliant privacy clause addressing how the organization collects, uses, and protects volunteer personal information and confirming the volunteer's consent to a Vulnerable Sector Check under the Criminal Records Act (R.S.C. 1985, c. C-47) where applicable.

Organizations should also carry general liability insurance extending to volunteer activities, as provincial volunteer protection legislation does not shield the organization itself from vicarious liability for volunteer actions. Registered charities under the Income Tax Act (R.S.C. 1985, c. 1, 5th Supp.) must also ensure that volunteer relationships do not create obligations triggering CRA audit concerns about unreported employment income or taxable benefits.

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.

Parties in Canada should prepare a Volunteer Agreement (Canada) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Canada Labour Code (R.S.C. 1985, c. L-2), the Canada Industrial Relations Board adjudicates federal workplace disputes. Provincial employment standards legislation — including Ontario's Employment Standards Act 2000 and British Columbia's Employment Standards Act (RSBC 1996) — governs minimum employment terms. The Personal Information Protection and Electronic Documents Act (PIPEDA) governs private-sector data handling. The Canada Revenue Agency (CRA) administers source deductions and Canada Pension Plan (CPP) contributions. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A thorough Canadian Volunteer Agreement must begin with a clear non-employment declaration stating that the individual is a volunteer and not an employee, independent contractor, or agent of the organization. The clause should explicitly confirm that no wages, benefits, CPP contributions under the Canada Pension Plan (R.S.C. 1985, c. C-8), EI premiums under the Employment Insurance Act (S.C. 1996, c. 23), T4 slips, or Records of Employment will be issued, and that Ontario’s Employment Standards Act, 2000, British Columbia’s Employment Standards Act (R.S.B.C. 1996, c. 113), Alberta’s Employment Standards Code, or Quebec’s Act Respecting Labour Standards (CQLR c N-1.1) protections do not apply to the relationship.

The role description should detail the volunteer’s title, specific duties, reporting structure, activity location, and expected time commitment. A vague or open-ended role description risks blurring the line between volunteer and employee before the Ontario Labour Relations Board or a provincial employment standards officer — particularly if the volunteer performs the same work as paid staff on a regular and ongoing schedule.

Confidentiality provisions should require the volunteer to protect all personal, financial, and operational information encountered during their service. The clause should reference PIPEDA (S.C. 2000, c. 5), Alberta’s Personal Information Protection Act (S.A. 2003, c. P-6.5), British Columbia’s Personal Information Protection Act (S.B.C. 2003, c. 63), or Quebec’s Act Respecting the Protection of Personal Information in the Private Sector (CQLR c P-39.1) as applicable, and must survive termination of the Agreement. Organizations operating as registered charities under the Income Tax Act must be especially careful about handling donor records accessed by volunteers.

The liability and risk assumption clause should reference British Columbia’s Volunteer Protection Act (S.B.C. 2017, c. 15) or Alberta’s Volunteer Protection Act (S.A. 2017, c. V-4.5) where applicable. In Ontario and other provinces without dedicated volunteer protection legislation, include a general release and hold harmless clause acknowledging inherent risks and limiting the organization’s liability to the extent permitted by applicable common law and provincial courts.

The intellectual property assignment clause should address ownership of any creative works, software, photographs, written materials, or designs created by the volunteer. Under section 13(3) of the Copyright Act (R.S.C. 1985, c. C-42), works created in the course of employment belong to the employer — but volunteers are not employees, so copyright vests in the volunteer by default unless there is a written assignment. Without an explicit IP clause, the organization may not own content created during volunteer service.

The expense reimbursement clause should carefully distinguish between reimbursement of actual documented expenses (transit, parking, meals) — which does not create an employment relationship — and regular stipends or honoraria, which the Canada Revenue Agency (CRA) may treat as taxable employment income if they exceed actual cost reimbursement. Include a governing law clause specifying the applicable province and a termination clause confirming either party may end the relationship at any time without notice or cause.

Organizations subject to the Accessible Canada Act 2019 (Section 5) must ensure volunteer programs are accessible. The Corporations Act 2010 (Ontario, Section 154) governs not-for-profit governance requirements affecting volunteer programs. The Charities Accounting Act 1990 (Ontario, Section 7) imposes fiduciary obligations on charity directors overseeing volunteers. The Workplace Safety and Insurance Act 1997 (Ontario, Section 12) determines whether optional volunteer WSIB coverage applies. The Human Rights Code 1990 (Ontario, Section 1) prohibits discrimination against volunteers on protected grounds including age, disability, and race. Forms-legal.com provides this template as a starting point for organizations drafting a Canada-compliant volunteer agreement.