Volunteers are the backbone of many non-profit organizations and charities across Ontario. From frontline service delivery to governance and fundraising, volunteers enable organizations to fulfill their missions efficiently and at scale. However, the use of volunteers also introduces a range of legal risks that must be actively managed. Injuries, property damage, misconduct, and liability claims can arise in the course of volunteer activities, exposing organizations—and in some cases their directors and officers—to significant legal and financial consequences.
Managing volunteer risk is not about discouraging participation. Rather, it is about creating a structured, legally informed framework that protects both the organization and the individuals who give their time. This includes implementing enforceable waivers, maintaining appropriate insurance coverage, and understanding the organization’s duty of care to volunteers and third parties. For Ontario non-profits, these considerations are shaped by both common law principles and statutory obligations under the Ontario Not-for-Profit Corporations Act.
Understanding the Legal Risks Associated with Volunteers
Volunteers occupy a unique legal position. Unlike employees, they are generally not compensated and are not subject to employment standards legislation. However, this does not mean organizations owe them no legal obligations. Courts have consistently recognized that organizations can be liable for harm suffered by volunteers, as well as harm caused by volunteers to others.
One of the primary risks arises from personal injury. Volunteers may be injured while performing tasks such as event setup, transportation, or working with vulnerable populations. If the organization failed to provide proper training, supervision, or safety measures, it may be found negligent. Similarly, volunteers may inadvertently cause injury to clients, participants, or members of the public, thereby exposing the organization to vicarious liability.
There are also reputational and governance risks. Allegations of misconduct, harassment, or misuse of funds involving volunteers can trigger internal disputes, regulatory scrutiny, or litigation. Even where claims are ultimately unfounded, the cost of responding can be substantial.
Accordingly, managing volunteer risk requires a multi-layered approach that integrates legal protections, operational policies, and risk transfer mechanisms.
Duty of Care: What Organizations Owe to Volunteers
At the core of volunteer risk management is the concept of duty of care. Under Canadian common law, organizations owe a duty to take reasonable steps to prevent foreseeable harm to individuals who are engaged in their activities. This includes volunteers, participants, and members of the public.
The standard of care is not perfection, but reasonableness. Courts will assess whether the organization acted as a prudent entity would in similar circumstances. This includes evaluating whether the organization:
- Identified potential risks associated with volunteer activities
- Implemented appropriate safety protocols and training
- Provided adequate supervision and oversight
- Maintained safe premises and equipment
While the precise scope of the duty will depend on the nature of the organization and the activities involved, higher-risk environments—such as those involving physical labour, transportation, or vulnerable populations—will attract a higher standard of care.
Importantly, the duty of care cannot be fully waived or contracted out of. Even where volunteers sign waivers, organizations must still take reasonable steps to ensure safety. Waivers are one component of a broader risk management strategy, not a substitute for it.
The Role of Waivers in Volunteer Risk Management
Waivers are a commonly used tool to limit liability by requiring volunteers to acknowledge and accept certain risks associated with their activities. When properly drafted and implemented, waivers can provide a meaningful layer of protection for organizations.
However, not all waivers are enforceable. Ontario courts will closely scrutinize waiver agreements to ensure that they are clear, unambiguous, and fairly presented. A waiver must explicitly outline the nature of the risks being assumed and the rights being relinquished, including the right to pursue legal claims for negligence.
To improve enforceability, organizations should ensure that waivers:
- Are written in clear, plain language
- Specifically reference negligence where applicable
- Are presented to volunteers before participation begins
- Allow sufficient time for review and questions
- Are signed voluntarily, without coercion
Special care must be taken when dealing with minors or individuals with limited capacity. In such cases, additional legal considerations apply, and waivers may not be fully enforceable.
It is also important to recognize the limitations of waivers. Courts may decline to enforce a waiver if it is deemed unconscionable, improperly explained, or inconsistent with public policy. For example, a waiver is unlikely to protect an organization from liability arising from gross negligence or intentional misconduct.
Insurance Coverage: Transferring Risk Effectively
Insurance is a critical component of any volunteer risk management strategy. While waivers aim to limit liability, insurance provides financial protection in the event that a claim is brought.
Non-profit organizations should carefully review their insurance policies to ensure that volunteer-related risks are adequately covered. This typically includes general liability insurance, which covers bodily injury and property damage claims, as well as directors’ and officers’ (D&O) insurance, which protects board members and senior leadership from claims arising from governance decisions.
Organizations should confirm that volunteers are explicitly included as insured parties under their policies, or that coverage extends to claims arising from volunteer activities. In some cases, additional coverage, such as accident insurance for volunteers, may be advisable, particularly for organizations engaged in higher-risk activities.
Insurance policies should be reviewed regularly and updated as the organization’s operations evolve. Changes in programming, expansion into new activities, or increased reliance on volunteers may all necessitate adjustments to coverage.
Importantly, insurance is not a substitute for sound risk management practices. Insurers may deny coverage where organizations fail to comply with policy conditions or engage in reckless conduct.
Training, Supervision, and Operational Controls
Beyond legal documentation and insurance, effective volunteer risk management depends on day-to-day operational practices. Organizations should implement structured onboarding, training, and supervision processes to ensure that volunteers understand their roles and responsibilities.
Training should be tailored to the specific activities volunteers will perform and should include safety protocols, emergency procedures, and any relevant legal or ethical guidelines. For example, volunteers working with vulnerable populations should receive training on appropriate conduct, confidentiality, and reporting obligations.
Supervision is equally important. Organizations should designate responsible individuals to oversee volunteer activities and provide guidance as needed. This not only reduces the likelihood of incidents but also demonstrates that the organization has taken reasonable steps to fulfill its duty of care.
Clear policies and procedures should be documented and communicated to all volunteers. This may include codes of conduct, incident reporting protocols, and guidelines for interacting with clients or the public.
Screening and Selection: Preventing Risk at the Outset
One of the most effective ways to manage volunteer risk is through careful screening and selection. Organizations should implement processes to assess the suitability of volunteers for specific roles, particularly where those roles involve vulnerable individuals, financial responsibilities, or access to sensitive information.
Screening measures may include interviews, reference checks, and, where appropriate, criminal record checks. While these measures must be conducted in compliance with applicable privacy and human rights laws, they can significantly reduce the risk of misconduct or harm.
Matching volunteers to appropriate roles is also critical. Assigning individuals to tasks that align with their skills, experience, and limitations helps ensure both safety and effectiveness.
Record-Keeping and Documentation
Documentation plays a key role in defending against potential claims. Organizations should maintain accurate and up-to-date records of volunteer agreements, waivers, training sessions, incident reports, and insurance policies.
In the event of a dispute or claim, these records can provide evidence that the organization took reasonable steps to manage risk and fulfill its duty of care. Conversely, poor record-keeping can undermine an otherwise strong defence. Records should be stored securely and retained in accordance with applicable legal requirements and organizational policies.
Responding to Incidents and Claims
Despite best efforts, incidents may still occur. Organizations should have a clear plan in place for responding to accidents, injuries, or allegations involving volunteers.
This includes ensuring that appropriate medical assistance is provided, documenting the incident promptly, and notifying insurers where required. Legal counsel should be consulted in situations involving serious injury, potential liability, or reputational risk.
A timely and professional response can help mitigate the impact of an incident and demonstrate that the organization takes its obligations seriously.
Baker & Company: Protecting Your Organization and Your Volunteers in Toronto
Managing volunteer risk is a legal and strategic priority for Ontario non-profits and charities. The business lawyers at Baker & Company advise non-profits and charitable organizations on all aspects of risk management, compliance, and governance under the Ontario Not-for-Profit Corporations Act and applicable regulatory frameworks. We work closely with boards and executive teams to develop tailored solutions that protect your organization while supporting your mission.
Contact us online or call 416-777-0100 to review your volunteer policies, update your risk management strategy, and ensure your organization is positioned for long-term success.
