Charity FAQs

Charity organizations frequently rely on volunteers to perform essential roles, and while volunteers are not employees, these organizations still have certain responsibilities toward them. To avoid potential issues, it is recommended to implement the following best practices.

Although volunteers are not considered employees…

Volunteers are not classified as employees due to the absence of monetary compensation for their work. Consequently, the minimum standards for workplaces outlined by the Ontario or federal government do not extend to them.

A contractual relationship

Despite the fact that volunteers are not considered employees, both the organization and the volunteers have obligations and entitlements toward each other. The legal framework governing the relationship between an organization and its volunteers is referred to as a contract for volunteer services, which can be either in written or verbal form.

While the organization relies on volunteers to fulfill its mission, volunteers are also obliged to fulfill their commitments to the organization. This means that the organization is responsible for providing a safe work environment for its volunteers, while the volunteers are expected to adhere to the organization's instructions.

The organization’s duties

Charity organizations are obligated to exercise care towards their clients and volunteers by taking appropriate measures to prevent harm to them and others. Not properly ensuring the safety of volunteers may lead to the organization being held accountable for any harm that may be caused to its clients, volunteers, or any other parties while volunteers perform their tasks. This may include physical injuries or financial losses.

Additionally, charity organizations may be held accountable if they do not adequately screen, train, and supervise their volunteers. For instance, an organization may be held responsible if a volunteer commits a negligent act while performing their volunteer duties. Similarly, an organization may also be held liable if a volunteer suffers an injury due to inadequate training to perform the required tasks. Nevertheless, court proceedings and verdicts against charity organizations for their volunteers' actions are rare in Canada.

Incidents during volunteer activities

As organizations may be held accountable for harm that their volunteers experience or cause to others, it may be advisable to contemplate insurance coverage for such risks. Organizations can initiate this process by verifying whether their existing policies cover these circumstances.

Attracting, instructing, and overseeing volunteers

Charity organizations must exercise the same level of care in recruiting and vetting volunteers as they do with employees. Depending on the situation, a criminal background check may be necessary (refer to the Police Checks section).

After selecting volunteers, the charity must equip them with adequate instruction and supervision. Volunteers should have a clear understanding of their responsibilities and the regulations they must adhere to.

Entering into a volunteer contract

It is recommended that volunteers sign a volunteer contract, outlining their obligations, permissible and impermissible actions, and expected conduct standards. The contract should also cover other regulations that the volunteers must comply with, such as upholding the charity policies and procedures and maintaining the confidentiality of information concerning the organization and its clients.

For additional information, please consult Volunteer Canada's website. The "Resources" portion features manuals like the Canadian Code for Volunteer Involvement and the Screening Handbook.

Police checks

Typically, police checks are not obligatory. However, depending on the volunteer's responsibilities and the individuals they will assist, it may be prudent to conduct a police check.

Your organization serves vulnerable populations

In this scenario, it is imperative to conduct a police check. For example, if the volunteer will be working with elderly people or individuals with disabilities, it is important to screen for any previous offences related to physical or emotional abuse.

Definition of vulnerable persons

The term "vulnerable persons" refers to individuals who may be susceptible to harm or exploitation due to their age, disabilities, or other temporary or permanent circumstances. These individuals can also be deemed vulnerable if they are reliant on others, such as a child who depends on their parents or a senior with limited autonomy who relies on their caregiver.

Additionally, an individual can be deemed vulnerable concerning someone who holds authority over them. For example, a student may be vulnerable to a teacher or trainer due to the power dynamics of their relationship.

Dangers of not performing police checks

Failing to conduct proper police checks on volunteers who will work with vulnerable persons could have serious consequences for the organization. If harm is caused to a vulnerable person due to a volunteer's criminal behavior, the organization may be held liable. This may result in legal steps against the organization and significant damage to its reputation. Therefore, it is crucial for charity organizations to carefully screen volunteers who will work with vulnerable persons and take necessary precautions to ensure their safety.

Conducting Police Checks

Before carrying out a police check, it is important to obtain the volunteer's consent and ensure that the results remain confidential. Once you have obtained the necessary permission, you can contact the police service in your region and provide them with details of the volunteer's role and responsibilities, so they can conduct the appropriate type of verification.

Remember, the results of the police check are required to be kept confidential to safeguard the privacy of the volunteer. For more information on conducting police checks, you can visit the website of the Royal Canadian Mounted Police (RCMP) or get in touch with your local police service.

When the individual has a criminal record

Before excluding a volunteer based on their criminal record, it's important to consider whether the offenses committed are relevant to the tasks they would be performing. It's generally not acceptable to exclude someone if their offenses are not relevant to the volunteer position, as this could be considered discriminatory.

Safeguarding personal information

Charity organizations have a responsibility to safeguard any personal information they possess. Personal information is defined as any information that can be utilized to distinguish a specific individual.

The organization is responsible for protecting the personal information of the individuals who use its services, such as their medical history, financial situation, marital status, or criminal record. To prevent unauthorized access, this information should be stored in a secured location, for example, in a locked filing cabinet.

Additionally, charities must ensure that their volunteers maintain confidentiality and respect the privacy of this information. Volunteers should have access only to the information they need to do their jobs.

Confidentiality agreements

Volunteer confidentiality agreements may be deemed appropriate by the organization to safeguard personal or other sensitive information.

Collecting personal information from volunteers

When a charity organization recruits volunteers, it should gather only the personal information that is necessary for the volunteer's activities. The organization must directly ask the volunteer for this information and seek authorization to request additional information from other sources, especially when conducting police checks or contacting reference persons.

Similarly, the charity must maintain the confidentiality of any personal information it has on its volunteers, such as police check results or driving records. Volunteers have the right to access their file maintained by the organization.

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