Frequently Asked Questions
Do you have questions about the
non-profit/voluntary sector? Contact Volunteer Alberta and we will help
direct you to the best resource or find the
answer!
1. How do I go
about starting a non-profit organization?
2. Where should I go to
obtain legal advice for my non-profit?
3. What is the
purpose of the Personal Information Protection Act (PIPA) in the
non-profit/voluntary sector?
4. Is there
a rule that dictates the maximum amount of donations that can be
kept in the bank each year?
5. Is it
possible to provide a charitable tax receipt for gas donated to a
non-profit organization by a volunteer?
6. Who owns the work
I've done as a volunteer for a non-profit organization: me or the
organization?
7. Is
there a provision for recognizing volunteer labour through the
issuing of a charitable receipt?
8. What is the procedure
for paying a volunteer an honorarium?
9. Can immigrants
volunteer?
10. Can you refer me to
a Community Guard agent?
11.
What are Volunteers?
12.
Where can I find volunteer opportunities or recruit
volunteers?
13. Where
can I donate my fridge, clothes , etc.?
14. Can we get a speaker
or a workshop facilitator for our non-profit board or
volunteers?
15.
Are there any resources to help write job descriptions or human
resource policies?
16. How
should we look for a solution to serious conflicts or
problems?
___________________________________________________________________________
1. How do I go about
starting a non-profit organization?
These are only a few examples of the many
online resources, let alone print resources, available. A simple
Google search of "how to start a non-profit" should take you to the
right places, and a phone call to your local bookstore gets you the
manuals you're looking for.
What if my community does not have a
Volunteer Centre?
View Volunteer Alberta's How to Start a Volunteer
Centre Guide
Volunteer Canada is also a great place to
start if you are starting a volunteer centre.
2. Where should I go to
obtain legal advice for my nonprofit?
Lawyer Referral Service
Operated by The Law Society of
Alberta
Calgary Offices: 1-800-661-9003
Edmonton Offices: 1-800-272-8839
This service offers a ½ hour of FREE legal advice from 3
different lawyers
How can non-profit/voluntary organizations access this
service:
- Phone the Law Society of Alberta closest to you
- Speak to the operator, and provide the area of law the
non-profit organization needs help in:
1. Societies Act
2. Companies Act
3. Labour law
4. Civil law
5. Criminal law
6. Or other legal matters
- Give a brief description of the problem
- Give the requesting organization's community/location
- The non-profit/voluntary organization will receive the names of
3 lawyers
- The non-profit/voluntary organization
MUST tell the lawyer they received his/her name
from the Lawyer Referral Service to get the FREE ½ hour of
services.
Volunteer Lawyers Service Now Operated by Pro Bono Law
Alberta
As of August 4, 2009, the Volunteer Lawyers Service program
(VLS) is now operated by Pro Bono Law Alberta
(PBLA). VLS is a pro bono program that provides eligible
charitable organizations with legal services and advice through an
application process that matches the organization with a volunteer
lawyer. For information, email
PBLA or call the PBLA office at 403-541-4840.
Volunteers and the Law in
Alberta
Volunteers and the Law in Alberta updates the popular print
resource developed in 2003 to increase awareness of the legal
issues involved in incorporating volunteers into your organization.
This FREE interactive web resource is intended to give you a
general overview of the various areas of law and how these areas
relate to your volunteer programs, your Board of Directors, and to
the volunteers themselves.
Legal Resource
Centre
The Legal Resource Centre's mission is to enhance the accessibility
and quality of justice realized in Canada. It addresses its mission
by creating learning opportunities and building learning
communities that facilitate the creation, management, exchange, and
integration of knowledge among people within the justice system and
between them and the general public.
3. What is the purpose
of the Personal Information Protection Act (PIPA) in the
non-profit/voluntary sector?
The purpose of the Act is to govern the collection, use and
disclosure of personal information by organizations, in a manner
that recognizes both the right of an individual to have his or her
personal information protected and the needs of organizations to
collect, use and disclose personal information for purposes that
are reasonable (section 3).
PIPA defines a non-profit organization in section 56(1)(b). For
the purposes of the Act, a non-profit organizations is an
organization that is:
incorporated under the Societies Act,
incorporated under the Agricultural Societies Act, or
registered under Part 9 of the Companies Act
Other organizations may operate on a non-profit basis,
but the provisions in section 56 only apply to the
organizations listed above. For other non-profit
organizations, the entire Act applies to the personal information
of their employees, volunteers, clients and donors.
Non-profit organizations should continue to develop their own
policies and practices around protecting and disclosing personal
information.
For more information on PIPA and the definition of commercial
activity, please view this resource:
IMPORTANT UPDATE: Service Alberta (ministry
responsible for PIPA) is partnering with Volunteer Alberta to
provide easy-to-understand information and examples of best
practices to non-profit/voluntary sector organizations during the
2011/2012 season. Request a seminar for your community or to find a
iCCAN video-conference session nearest you.
What is the Personal Information Protection and
Electronic Documents Act (PIPEDA) and is my organization governed
by PIPEDA?
PIPEDA stands for the Personal Information Protection and
Electronic Documents Act. This is a federal act that specifies how
private sector organizations may collect, use or disclose personal
information in the course of commercial activities.
Federally regulated businesses and non-profit organizations
operating in Alberta are governed by PIPEDA. PIPEDA applies when
Alberta organizations carry out business (involving personal
information) across provincial borders.
A Guide for Businesses and Organizations on the
Personal Information Protection Act provides an overview of the
Act with examples and tips for incorporating good privacy practices
in the work place. The Protecting Personal Information Workbook will
assist in implementing the best practice.
4. Is there a rule
that dictates the maximum amount of donations that can be kept in
the bank each year?
Yes. There are certain rules established by the Canada Revenue
Agency (CRA) regarding charitable donations, which must be
respected if an organization is to retain its ability to issue tax
receipts.
Resources:
Charitable Fundraising Act
Standards of Practice
Consumer Tipsheet - Charitable Fundraising
5. Is it possible
to provide a charitable tax receipt for gas donated to a non-profit
organization by a volunteer?
The simplest way to solve this query is to have the volunteer
issue an expense form or invoice to the organization for the gas
consumed during the volunteer work at a fixed rate per kilometer,
and then have the volunteer donate that amount back to the
organization to receive a charitable tax receipt for the cash
donation. Canada Revenue Agency refers to this as an
exchange of cheques and provides further details on their
website. It is good practice to have a policy on eligible
expenses.
6. Who owns the work I've
done as a volunteer for a non-profit organization: me or the
organization?
The answer to this question depends on the circumstance. If you
have some sort of contract that states you have agreed to do the
work on behalf of the organization, it becomes their "property".
This is the case more often than not. If you are planning to do
some work as a volunteer that you wish to remain your property,
create an agreement with the organization PRIOR to the start of
work.
7. Is there a
provision for recognizing volunteer labour through the issuing of a
charitable receipt?
Short answer: No
Long Answer: According to The Canada Revenue Agency Gifts and
Income Tax Pamphlet (P113(E) Rev. 06), "a gift in kind refers
to a gift of property other than cash such as capital property
(including depreciable property) and personal-use property
(including listed personal property). These terms are defined in
the glossary of guide T4037, Capital Gains. A gift in kind does not
include a gift of services."
Therefore Volunteer labour, which is a type of service, is not
eligible for the issuing of a charitable receipt.
For additional views on this topic, check out the research by
Volunteer Alberta on Volunteer Tax Credits.
8. What is the procedure for
paying a volunteer an honorarium?
The answer depends on whether or not the organization has
policies for volunteer expenses. If they do, then it should state
what expenses are covered. And a budget should be established for
those expenses. The volunteer expenses should also mention Board
members' expenses since they are considered volunteers as well.
However, the board members do not need to be given the same types
of honorariums as other volunteers.
If organizations do not have policies set in place, then we
caution them to be careful about giving honorariums because it can
cause future issues for the organization.
Nevertheless, it is recommended that organizations record the
honorariums they issue.
In the non-profit sector honorariums are seen more as a gift
than a reimbursement. And since volunteers are not considered
employees organizations do not need to fill out a T4 slip for
volunteer honorariums.
Definition of Volunteer:
A volunteer is a person who by choice and without financial
compensation contributes time and service to assist in fulfilling
the mission of the organization.
Philosophy of Involvement:
Volunteers are valued and respected by everyone in the
organization. The organization actively seeks the volunteers'
input on programs, policies and procedures and organizations
concerns. The Board of Directors adopts a statement declaring
the vital role of volunteers in achieving the organization's
mission.
As representatives of the community-at-large, volunteers actively
participate at all levels of the organizations, ensuring that
services are responsive to the needs of the clients and
members.
Volunteers enhance the services provided and do not assume duties
of paid staff.
Volunteers act as representatives of and reflect the
organization. The extent of their relationships with clients
or members is outlined in their position descriptions.
Training and supervision is provided to ensure volunteers
understand their roles, responsibilities and limitations and are
able to undertake them in an appropriate and safe manner.
9. Can immigrants
volunteer?
Yes! Permanent residents (formerly known as
landed immigrants) can work and volunteer in any type of situation
as would Canadian citizens. Temporary Visa Holders, or
persons who are in Canada for a temporary period of time
(foreign students, visitors, temporary foreign workers and refugees
claimants) can volunteer as long as they are not doing an
activity for which one would normally be paid. Examples
include sitting on a board of directors, being a big brother or big
sister or being on the telephone line at a crisis call centre. This
activity would be part time and secondary to the main reason that a
person is in Canada.
Refugees reside here legally until his/her claim for refugee
status is a) approved (in which case he/her can continue to live in
Canada or b) denied (in which case the individual would have to
leave the country). During this time while waiting for approval,
the individual can certainly volunteer.
If you are unsure whether the position is a volunteer position
or would normally be a paid position, you may want to contact Human
Resources and Skills Development Canada and/or Citizenship and
Immigration to inquire further.
For more information visit Volunteer Alberta's screening website.
10. Can you refer me to a
Community Guard agent?
Yes! Simply send us an e-mail or phone us with your city
and postal code.
11. What are
volunteers?
Volunteers are involved in virtually every aspect of society
including health, education, social services, youth, sports and
recreation, culture, the arts and the environment. Some volunteers
give just one hour of time each week; others devote many hours.
Volunteers are involved in one-time events as well as ongoing
commitments. Some choose to volunteer out in the community whereas
others are virtual volunteers and do their volunteering from the
comfort of home. Volunteers can work on their own or with others,
do hands-on work or volunteer at an administrative or leadership
level.
The United Nations defines Volunteering as an action that meets
all three of the following criteria:
(a) it is undertaken freely and without coercion;
(b) it is undertaken for reasons other than financial gain;
(c) it is undertaken to benefit the community as well as the
volunteer.
Who Volunteers?
"Volunteering gives me an opportunity to
disengage from work.
Volunteerism re-energizes me"
Ruth Kelly, Publisher & Editor-in-Chief, Alberta
Venture Magazine
Some volunteers have the support of their employers and are
permitted to modify their work hours in order to take part in
volunteer activity.
Some people volunteer with members of their family. When time is
short and the demands are many, family volunteering offers a
wonderful opportunity for family members to be together while
contributing to their community or to a cause they hold dear.
Some volunteers do so because they are new Canadians and
volunteering offers them the chance to gain Canadian work
experience, to practice language skills and to integrate into a new
community.
Youth volunteers have many reasons for why they volunteer: to
discover their talents, to explore career options, to act on their
social awareness, to gain self-confidence, to build a sense of
independence or to complete high school curriculum
requirements.
Older adult volunteers know that experience matters and
volunteering provides opportunities to use valuable skills, to give
back to their communities, to mentor others and to create and
maintain relationships.
Volunteers play a vital role in Canadian society. Across Canada,
volunteers are engaged in delivering services and programs that
improve and enhance the life of our communities. Volunteers are
people just like you.
- Excerpts from Volunteer Canada's website
12.
Where can I find volunteer opportunities or recruit
volunteers?
Volunteer Alberta launches govolunteer.ca in
Alberta
is a one-stop-shop online
portal where interested Albertans can easily search volunteer
opportunities best suited to their skills and interests in
communities across Alberta. Developed by Volunteer Vancouver, this
sleek and user friendly site has been a major success in British
Columbia. We are now bringing it to Alberta! Volunteer
Alberta has recently acquired provincial licensing rights to allow
member organizations to access the services of this powerful online
recruitment tool in a more affordable manner. Volunteer Alberta is
committed to making it easier for people to volunteer and this
initiative provides one affordable and hassle free solution for
organizations to reach out to new volunteers in new ways.
For Volunteers: To find out about
volunteer opportunities in your community, please check out: www.govolunteer.ca
For Member Organizations: If you're
interested in joining Volunteer Alberta in this initiative, please
contact the program director.
Contact
your local Volunteer Centre for current opportunities.
13. Where can I
donate my fridge, clothes, etc.?
Most municipalities have recycling and re-use centres so check
with your local municipality. Some options include:
14. Can
we get a speaker or a workshop facilitator for our non profit board
or volunteers?
Volunteer
Alberta offers numerous presentations and
workshops.
Alberta
Culture and Community Services also offers its Board
Development Program and other presentations.
15.
Are there any resources to help write job descriptions or human
resource policies?
The Human Resource Council for the Nonprofit
Sector is an excellent resource for sample policies, job
descriptions and work place standards.
16. How
should we look for a solution to serious conflicts or
problems?
- Consult your organization's bylaws to determine if
there is a clause that states how conflicts will be addressed.
- Mediation can help find a solution when all parties are
willing. The Alberta
Arbitration and Mediation Society has a directory of
mediators.
- If the problem or conflict may be a legal matter, see resources
under Question 2 above.
- Consider arranging a board workshop or presentation through the
Board Development Program offered by Alberta
Culture and Community Service.
Looking for more? Please visit our Links page to visit
other sites with additional resources.
Go to top of page