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?

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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

go volunteer  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.

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