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Responsibility and AccountabilityWhat Community-Based Programs Need to Know


Project Advisory Committee

Barb Cunningham, Family Place, Lethbridge AB

Prairie Escallier, Capital Families Association, Victoria BC

Stephen J. Kelly, B.A., L.L.B., Kelly Howard Santini Law Firm, Ottawa ON

Anna Marie Leblanc Hayes, Valley Resource Centre, Woodstock NB

Richard Massie, B.A., FCIP, Halpenny Insurance Brokers, Ottawa ON

Sue McCormack, Peel-Halton-Dufferin Adult Learning Network,Mississauga ON

Pat McFadden, B.Admin., FCIP, CFE, Quelmec/McLarens Toplis, Ottawa ON

Ann Robertson, C.H.A.N.C.E.S. Family Resource Centre, Charlottetown PEI

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Project Coordinator: Janice MacAulayLayout: Gisele Poirier Desktop Publishing

ISBN: 0-919051-41-3© Copyright 2002

FRP Canada would like to acknowledge and thank all those who so generouslycontributed knowledge and practical experience to the development of this publi-cation. Special thanks to the Advisory Committee and its Chair, Sue McCormack.

Alla G. Ivask Executive DirectorFRP Canada

Funding for this resource was provided by Health Canada. The views expressedin this publication should not be attributed to the funding body.

Additional copies of this publication can be ordered from:

FRP Canada707 - 331 Cooper StreetOttawa, ON K2P 0G5 Tel: (613) 237-7667 Fax: (613) 237-8515E-mail: [email protected] Web: www.frp.ca

Également disponible en français sous le titre Responsabilité et reddition decompte - Ce que les organismes communautaires doivent savoir.ISBN: 0-919051-41-1

Table of Contents

Introduction and Purpose of this Tool Kit . . . . . . . . . . . . . . . . . . .1

How to Use the Tool Kit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

The Not-for-Profit Organization . . . . . . . . . . . . . . . . . . . . . . . . . .3

The Responsible Board of Directors . . . . . . . . . . . . . . . . . . . . . . .4

Staff Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

What is “Risk Management” . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9

How Does Risk Affect Your Organization? . . . . . . . . . . . . . . . .10

What’s at Risk, What Can Go Wrong and What Can You Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

How Can You Limit Risks? . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Insurance Information for Non Profits . . . . . . . . . . . . . . . . . . . .18

Appendix A: Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Appendix B: Government Contacts . . . . . . . . . . . . . . . . . . . . . . .47

Appendix C: Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53

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DisclaimerThis tool kit is designed to provide accurate informationregarding the topics covered. Organizational requirementsand standards referred to in this publication are used asexamples only and are not intended as professional or legaladvice. Requirements of not-for-profits vary from provinceto province and are subject to change based on new legisla-tion, regulatory and judicial decisions, and evolving guide-lines and standards. If your organization has questions orrequires professional assistance relating to any of the infor-mation included in this publication, please contact your ownlegal, financial or insurance advisor.

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Introduction and Purpose of this Tool Kit

Family support programs are community-based organizations workingwith children, families and caregivers to enhance strengths, to buildcapacities and to promote healthy development.

Family support programs deliver a range of services guided byprinciples that focus on building supportive relationships, facilitatinggrowth, respecting diversity and furthering community development.1

Family support programs, like other community-based not-for-profits, are faced with a variety of uncertainties and challenges.These uncertainties can take many forms and can sometimesthreaten the well-being of the organization. This tool kit has beendesigned to assist family support programs in developing soundoperating practices that will help them to minimize many of thesechallenges and will contribute to the overall health of theirorganization.

Life is unpredictable. Sometimes things unexpectedly go wrong,and not-for-profit organizations need to be prepared for all kindsof eventualities. Funding may be late in being approved, or maynot be renewed at all. There are risks associated with providingservices to children, recruiting and working with volunteers andoperating quality programs with limited staffing and resources.

In order to operate successfully, we can’t eliminate all of theserisks, but we can find ways of dealing with uncertainty by makinginformed choices and decisions and by having sound managementpractices to help us make wise choices, minimize risks, and protectorganizations from loss. By knowing your obligations as a staffmember, volunteer or board member, you can help to ensure theongoing well-being of your organization and those you serve.

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What Community-Based Programs Need to Know

1 J. Malcolmson, Putting the Pieces Together: A Conceptual Framework for Family Support Practice.Ottawa: FRP Canada, 2002.

How to Use the Tool KitThis tool kit consists of several components:

• Information about the responsibilities of the not-for-profit organization

• Board and staff responsibilities • Information about potential risks, and about managing

those risks• Insurance information for not-for-profits• Checklists that you can customize for your own use• Lists of resources for further information• Provincial and territorial contact information

Your organization is probably already aware of some or all ofthis information, and may have implemented many of the policiesand practices we will discuss. Reviewing and updating these poli-cies and practices regularly will mean that they are current andreflect the ongoing needs of your organization. Sharing the revisedpolicies and practices with staff, board members and other volun-teers will mean that the key people in your organization areinformed and aware, a major factor in risk management.

The checklists included in Appendix A may be useful to youwhen developing new policies, as well as when reviewing existingones. It’s important to remember that all organizations may notneed to have all of these policies, procedures and practices in place,and that some may be more relevant to your organization thanothers. As well, it’s important to keep in mind that you may notnecessarily need them for when things are going right, but in orderto be prepared in case things go wrong.

Legal requirements for not-for-profits vary from province toprovince, and will not be addressed in detail in this publication.Provincial and territorial contact information and relevantlegislation is listed in Appendix B.

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Responsibility and Accountability

The Not-for-Profit OrganizationIn the past 20 years there has been a huge increase in the number

of not-for-profit organizations in Canada. Recent estimates placethis number at over 175,000 agencies, employing 1.3 million people.In addition to paid staff, approximately 7.5 million Canadians con-tribute more than a billion hours of volunteer time – this is theequivalent of over half a million full time jobs. Social service agen-cies accounted for 21% of total volunteer hours contributed. Inaddition, twenty-one million Canadians make donations to charita-ble and not-for-profit organizations totaling approximately $4.5billion and the voluntary sector itself has revenues of over $90billion. Given these statistics, it is safe to say that the voluntarysector makes a huge contribution to the fabric of life in Canada.

As a result of government downloading and privatization ofservices, not-for-profit organizations have acquired increasingresponsibilities for the well-being of Canadians and for a range ofessential services such as food, clothing, shelter, child welfare, childcare, mental health, secondary health care and education. Giventhis increase in responsibility, it isn’t surprising that board membersand staff require more knowledge and information in order to bemore accountable for the services they provide, how they providethem, and for the funds required to provide them.

The legislation and regulations governing not-for-profit organi-zations are complex and vary from province to province.Discussions are ongoing between the government and the volun-tary sector to establish a governing framework that recognizes botha need for accountability and the reality that these not-for-profitorganizations rely heavily on volunteer resources. In the meantime,organizations and their Boards of Directors need to understand thevarious types of legislation that apply to them, and to maintainawareness of possible changes to this legislation.

Depending on its structure and the services offered, yourorganization may need to comply with the following types of legis-lation, and you should check with your provincial or territorialgovernment to find the details on how these may apply to you(see Appendix B).

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* The Charities Act

* Child Welfare/Child Protection Legislation

* The Corporations Act

* Employment Standards Legislation

* Health and Safety Legislation

* Human Rights/Non-Discrimination Legislation

Depending on its legal status (how or if it is incorporated), thenot-for-profit organization will have different limits of liability. Thiswill be detailed in its constitution and by-laws. However, like allindividuals in Canada, the organization is subject to the duty ofcare, meaning it must avoid injuring or harming anyone throughactions which were foreseeable. It is the responsibility of the organ-ization to ensure that volunteers and staff are properly selected,working in safe places with proper equipment, resources andsupport, and that they are adequately trained and supervised.

In addition, all organizations and individuals are expected toprovide a standard of care, which means that all reasonable caremust be taken to avoid risks which are likely to occur, are easilyeliminated, have caused previous injury, are well known or whichcan be dealt with using common practices.

In the not-for-profit organization, the Board of Directors is ulti-mately responsible (and potentially liable) for the services and pro-grams run by the organization. Therefore, board awareness of theirresponsibilities and the development of policies and procedures toensure that these responsibilities are met are effective ways ofreducing potential risks in not-for-profit organizations.

The Responsible Board of DirectorsBeing a board member of a not-for-profit organization is a great

opportunity to learn new skills and make a positive contribution toyour community while at the same time sharing your own know-ledge and expertise. However, it’s important to remember that thereare serious responsibilities to being a board member. There areresponsibilities to funders, to staff, to consumers of the organizationand to the community at large.

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It doesn’t matter if the organization is small or large, has oneemployee or ten, is located in small village or large urban centre,operates one program or five, staff, volunteers and the Board ofDirectors have certain legal, moral and ethical obligations that mustbe met. Failure to meet these obligations will have a negativeimpact on the well-being of the organization and may increase theelement of risk and loss the organization may face.

The overall role of the not-for-profit Board of Directors is toprovide leadership and governance to the organization. In generalterms, this translates to the following key areas of responsibility:

Planning and setting the overall goals and directions of theorganization:

• Develop and review organizational mission, vision and values.

• Set goals, and establish work or action plans through thestrategic planning process.

• Organize and hold regular board and standing committeemeetings.

• Establish effective evaluation practices for the board andorganization.

• Develop and review policies and procedures.

• Maintain an awareness of community needs and trends.

Overseeing the financial well-being of the organization:

• Approve and monitor the operating budget.• Read, understand and approve monthly financial statements.• Explore alternate sources of funds to operate the organization,

including government grants, fundraising and other possibilities.• Develop and review financial policies and procedures.• Ensure taxes and bills are paid in a timely manner.• Ensure statutory deductions (income tax, etc.) are properly

remitted.• Be accountable for funds.• Approve annual audited financial statements.

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Ensuring the human resource needs of the organizationare met:

• Recruit and manage the Executive Director or CEO, ensuringthat he/she effectively implements the board’s vision anddirection for the organization.

• Evaluate this senior staff person on a regular basis.• Develop and review human resource policies and procedures.• Ensure that fair and ethical practices are in place for all paid and

volunteer staff, including mandatory benefits for all paid staff.• Ensure that staff contracts are in order, signed and up-to date.• Develop and review the conflict resolution process and resolve

conflicts.

Providing a positive public image:

• Maintain an image of credibility and respect.• Organize and participate in public relations and awareness

activities.• Liaise with major funders and key stakeholders.• Identify new recruits to the Board and committees.• Present an image of leadership and assistance to staff,

volunteers, fellow board members and the community.• Always act in the best interests of the organization.• Act honestly and in good faith.

Meeting legal requirements:

• If the organization is incorporated, ensure that the reportingand filing requirements for your province/ territory are met,including:

(1) Up-to-date by-laws;

(2) List of officers and directors;

(3) Minutes are recorded and kept in a binder which is available on request.

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• Board members need to be familiar with the organization’sby-laws, letters patent, and articles of incorporation and toindividually understand their legal responsibilities.

In addition, Board members need to ensure that:• The organization is operating within its “objects” (legally stated

purpose) at all times.

• A meeting of the membership is held each year to report onactions and financial status for the previous year (usuallyreferred to as the Annual General Meeting).

• An annual audit is conducted by a qualified accountant andconforms to generally accepted accounting principles.

• Adequate insurance coverage is in place for buildings, equip-ment, staff, volunteers and board liability.

While this list of responsibilities may seem extensive, it’s impor-tant for all board members to have an awareness and understand-ing of what is involved in being a board member. In fact, manypeople believe that the most important commitment a boardmember can make is to thoroughly understand the organization,and their role in it. If the role of the Board of Directors is one ofleadership and vision, then decisions made by the board must ‘fit’the mission, vision and values of the organization in order for theorganization to flourish.

The most effective way to keep board members informed is tohave a manual for each of them to keep. It can be used as an orien-tation tool for new board members and can then be added to andupdated throughout their term of office. The manual should includeby-laws, mission, vision, values, policies, list of officers anddirectors, meeting minutes, etc.

Members should bring the binders to meetings so that newinformation can be added (make sure documents are dated), andinformation that is no longer relevant can be removed so that thebinder is always current. Encourage board members to read thematerial and ask questions about things they do not understand.Evaluate the usefulness and contents of the manual as part of anannual evaluation process.

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Staff ResponsibilitiesThe senior staff person of the organization (usually the

Executive Director) is the liaison between the Board of Directorsand the other staff and volunteers. The role of the ExecutiveDirector is to manage the day-to-day operations of the organiza-tion, consistent with the overall direction and vision that has beenestablished by the board.

The Executive Director (ED) has a responsibility to the boardmembers to ensure that they are not drawn into day-to-day matters,but are able to focus on planning and governance. The ED doesthis by keeping the board informed about emerging issues and bybringing to their attention staff or volunteer concerns and needs. Atthe same time the ED must work with the board to develop com-mittees and policies to help deal with these issues and concerns andto convert those policies into everyday management decisions.

The ED has a responsibility to staff and volunteers to ensurethat appropriate recruitment, training and management policiesand practices are in place that will add to their capacity to provideservices and enhance the overall well-being of the organization. TheED also has a responsibility to maintain good working relationshipswith other community stakeholders and to ensure that the organiza-tion has a positive profile in the community.

With respect to managing risk, the ED is responsible for ensur-ing that potential risks to the organization have been identified, thatthere are policies in place to help minimize those risks and thatboard, staff and volunteers are kept informed about potential risksand the measures in place to minimize them.

Each staff member is responsible for understanding his or herown role within the organization, for reading and understandingorganizational policies and procedures and for reading and under-standing the mission, vision and values of the organization. As withboard members and volunteers, staff members’ awareness of theirroles and responsibilities and knowledge about the operations ofthe organization are the best protection against risk. Annual per-formance evaluations, ongoing training and current job descriptionsare all reflective of sound management practices and will contribute

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to the well-being of the organization. In addition, an individual whofeels valued and involved will be more committed to the organiza-tion and will be a real asset. As a supportive organization focusingon the strengths of participants rather than their deficits, familysupport organizations should model this positive behaviour whendealing with paid and volunteer staff.

An important component of risk management, and one whichstaff can make a positive contribution to, is documentation ofissues, concerns and potentially damaging problems. Daily logbooks, staff journals and weekly or monthly staff reports can assistin tracking potential problems, making insurance or legal claims, orbe used as part of the evaluation and planning processes. Docu-mentation serves several purposes – not least of which is a refer-ence point and factual account of incidents that may have takenplace several weeks or months earlier.

When staff, volunteers and board members work together as ateam, the organization, participants and the community benefit.When all parties clearly understand each other’s functions andresponsibilities, they all feel more positive about their own involve-ment. While staff and board will regularly meet independently ofeach other, it’s important to have joint meetings from time to time –for special events, planning, recognition of a special accomplish-ment, or to honour a retiring board or staff member.

Communication between the two groups should flow through theExecutive Director, and information and materials relating to theoperation of the organization (minutes, policies and procedures,press releases, annual reports, etc.) should be readily available tostaff upon request.

What is “Risk Management”?Simply stated, risk management can be defined as the process of

identifying and prioritizing the risks faced by your organization,developing and implementing strategies to address them andreviewing these priorities and strategies on a regular basis.

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The most effective protection against risk is a fully informed,attentive Board of Directors, combined with appropriate organiza-tional policies and procedures and well-managed staff, volunteersand resources.

How Does Risk Affect Your Organization?The ultimate goal of not-for-profit organizations, including family

support programs, is to improve the quality of life for individuals orcommunities. Staff and volunteers are generally seen as supportive,caring and acting in the best interests of program participants. Theyoperate from the perspective of focusing on strengths rather thandeficits. Keeping this supportive and caring framework at the fore-front of how an organization operates is key to attracting and retain-ing staff, volunteers and program participants. The mission andvalues of the organization will reflect these qualities.

At one time, not-for-profit organizations operated under a formof “charitable immunity” which meant that they were unlikely to befaced with civil or legal actions for damages. However, recent legaldecisions in Canada have opened the door to legal action againstnot-for-profits, and organizations must now strive to operateeffectively within this new legal environment. The challenge is tooperate in a community responsive, supportive manner, while at thesame time recognizing and minimizing potential risks to yourorganization.

While legal claims against not-for-profits are rare, the fear oforganizational or individual liability is very real for staff, boardmembers and other volunteers. The operation of every not-for-profit organization involves some uncertainties about future events,threats and external impacts to their operations. For example, aprogram participant could break a leg on an icy sidewalk leadinginto the building; a fundraising event could potentially cost theorganization money instead of raising money; a volunteer mightdiscipline a child in an inappropriate manner.

Family support organizations, because they deal with familiesand young children, face increased challenges because of the poten-tial risk, however slight, of child abuse, neglect or injury innate tothis participant group. Therefore, your organization is responsible

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for ensuring adequate supervision of employees and volunteers whowork with children; for maintaining a physical environment thatminimizes the risk of injury; and for operating within a frameworkof policies and procedures that also minimizes risk.

What’s at Risk, What Can Go Wrong and WhatCan You Do?

Family support organizations, like most not-for-profits, centreon people, so they must be viewed as a priority for risk and riskmanagement.

Staff:

Every organization should have comprehensive and currentpolicies that address the relationship between staff and manage-ment. Risks may include wrongful or constructive dismissal, harass-ment, discrimination and disagreements about hiring or promotionpractices. Employment and Human Rights legislation must beadhered to by not-for-profits. Appropriate personnel policies canhelp to minimize these risks, and an annual review of these policiesshould be undertaken in order to ensure they reflect the currentoperations of the organization and relevant legislation. In addition,ongoing staff training and professional development will contributeto the employee’s level of skill and awareness of their job.

Volunteers:

Volunteers can be considered as unpaid staff members and assuch need to be treated with the same respect. A clearly stated rolethat volunteers play within the organization, combined with effec-tive volunteer recruitment, screening, training and managementpolicies, will contribute to limiting risk in the volunteer componentof your organization.

Volunteer Canada has developed an excellent “Safe Steps”volunteer screening program as an easy-to-use method for organi-zations to use to ensure that the people they serve are safe. Thescreening process is designed to identify any person (volunteer orstaff) who may harm children or vulnerable adults.

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The ten steps in this program are:

1. Determine the risk2. Write a clear position description3. Establish a formal recruitment process4. Use an application form5. Conduct interviews6. Follow up on references7. Request a Police Records check and a child abuse

registry check where they exist8. Conduct orientation and training sessions9. Supervise and evaluate

10. Follow up with program participants

Volunteer screening serves two main purposes – it can createand maintain a safe environment, and it can help ensure an appro-priate ‘match’ between the volunteer and the position or task.Organizations that provide programs and services to vulnerableindividuals have an obligation to screen staff and volunteers whowork with them under the principle of “Duty of Care.”

For more information on the Safe Steps program, contactyour local volunteer centre, or Volunteer Canada at

1-800-670-0401 or www.volunteer.ca

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Board Members:

Board recruitment, roles and responsibilities and job descrip-tions should reflect the needs of the organization. They should bereviewed annually and with each new board member as theybegin their terms of office. By-laws and board policies should bereviewed annually and board members should each have a binderor manual containing these policies, the organization’s mission andvalues statements and the minutes of previous meetings. Thesemanuals should be current and should be brought to each meeting.

Each board member has a responsibility to be informed andaware about the operations of the organization as well as their rolesand responsibilities to the organization. In addition, boardmembers need to be fully aware of their liabilities as officers anddirectors of the organization. For example, a former employeecould file a claim against the organization for wrongful dismissal.Without appropriate insurance coverage, individual boardmembers could be held personally liable for any compensation orlegal costs incurred by such a claim.

Participants:

You need to focus your attention on the safety of participants inyour programs, particularly children. Appropriate policies need tobe in place in the areas of child guidance and the scope of responsi-bility of staff and volunteers in one-to-one situations with children,such as when toileting, dressing and supervising children. In addi-tion, relevant child protection legislation needs to be adhered to,and staff and volunteers need to know what their responsibilitiesare in the event of suspected or known child abuse or neglect. Inthe event of hazardous activities such as field trips, it is importantto have a chain of command. This will ensure that while every staffmember or volunteer has a role to play, there is one person who isultimately in charge of safety, head counts, etc. This will avoid con-fusion over one person assuming that the other has done a headcount, checked that everyone was on the bus, or was where theywere supposed to be during the trip.

Since organizations do not operate in a vacuum, the second area

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of risk to consider is property. This can include physical space,vehicles, computers and program equipment and supplies.

Space:

Most of the risks associated with physical space are obvious —loose railings on stairs or poorly maintained play areas with sharpcorners or worn carpeting. Operational smoke detectors and a fireevacuation plan are key to minimizing risks from fires. Coveringelectrical outlets with childproof covers and ensuring that no looseelectric wiring is visible to children are also important. Some othersecurity measures which may be less obvious are having a list ofpeople who have keys to the building, and ensuring that the lastperson to leave the building locks the doors.

Having appropriate and safe furniture for staff is important. Aredesks and chairs at the right height? Is the lighting adequate? Arethere sharp edges or unsafe drawers? Many organizations rely ondonations of furniture and equipment. Make sure that any dona-tions you are offered are in good repair before agreeing to acceptthem. Ensure that shelving is attached securely to the walls, so thatit cannot fall on children or adults, and that storage spaces are notso cluttered as to become safety hazards. It’s also a good idea to doquarterly inspections of the facility with a checklist, and to taketime at staff meetings to review facility safety and repairs needed.

Computer equipment is a costly and valuable item for the smallnot-for-profit. Make sure that equipment is clearly marked with thename of the organization. Keep records of serial numbers, date pur-chased, cost, etc. for insurance purposes. If you are concernedabout inappropriate use of computers for accessing the Internet ore-mail, you may wish to develop a policy on the use of computers inyour organization, particularly if you have computers that areaccessible to the public.

Records are vitally important and should be considered whenmanaging risk, although their importance is often overlooked. Allrecords should be kept in a central location and be well labeled.Any critical legal documents, such as the Seal of Incorporation,Letters Patent, Charitable Status Number and insurance docu-ments should be stored in a fireproof box. In addition, it might be

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useful to have an inventory of equipment, with serial or registrationnumbers where applicable, in order to make it easier to file aninsurance claim if necessary. Personnel records, performancereviews and financial information should be kept in locked files,and access to personnel information should be limited to theExecutive Director and his or her assistant. Records relating tochildren and participants are also confidential, and they shouldinclude personal information, as well as information such as foodand drug allergies and existing medical conditions.

Some family support organizations have vehicles they have pur-chased or have had donated. Obviously, the appropriate full vehicleinsurance coverage needs to be in place. However, there should alsobe policies on how the vehicle is used, by whom and for what pur-poses. Are staff members allowed to drive participants to and from aprogram? Are volunteer drivers recruited for this purpose? Are theyallowed to use their own vehicles? Appropriate policies should be inplace to protect staff, volunteers and participants. A case in point —a volunteer drives a child home from an after-school program. Thisis fine, since policies are in place allowing for this and the volunteerhas the required insurance coverage. However, the policies state thatchildren must travel in the back of the vehicle. If the volunteercarries the child in the front seat of the car and is involved in anaccident, this direct violation of the policies presents a real risk oflegal action against both the volunteer and the organization.

In programs dealing with babies and young children, equipmentand supplies need to be in a good state of repair, and appropriatefor the age of the children using them. Check toys regularly forbroken or missing pieces.Only use toys that have been safetychecked for that age group. If you have a program for three yearolds in the morning and a program for infants and toddlers in theafternoon in the same space, any “three years old and up” toys fromthe morning must be packed away in the afternoon. Toys andequipment should be cleaned and disinfected regularly. If there is achange table in use, provide disposable gloves and a spray disinfec-tant out of the children’s reach, and post notices informing parentsthat they must clean the table after each use. Place a sealed garbagecan beside the change table. Develop universal protection policiesfor toileting and diaper changes.

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Financial Policies:

Family support organizations can’t operate without funds, anddealing with money always carries some element of risk. Not-for-profit organizations are generally partially funded by public dollars,and as such must maintain accurate records and be open to auditby the funder. Comprehensive financial policies and standardizedaccounting practices will reduce the risk of loss relating to financialmismanagement. For example, having two signing officers forcheques (one staff member and one board member) protects boththe organization and the individual signing officers against poten-tial fraud. Bank reports and records should be reviewed monthlyby two individuals. Frequently, agreements with financial institu-tions contain provisions protecting the financial institution from lia-bility if discrepancies are not brought to their attention within30 days. As with other policies, financial policies need tobe reviewed and updated annually as required, and the revisedpolicies dated and shared with board, staff and volunteers.

Not-for-profits often undertake their own fundraising activitiesand there is some risk associated with this. Are fundraising goalsrealistic? Who is expected to do the work - board, staff or volun-teers? What are the costs associated with raising funds and do thecosts outweigh the benefits of the fundraiser? All of these shouldbe taken into account when deciding on fundraising activities.

If your organization is involved in an unfortunate incident, likean unfair dismissal lawsuit, or an accident, then the reputation ofthe organization may suffer. This potential loss of goodwill is animportant area to consider in any risk management strategy, andyou will need to find ways to limit its negative impact.

How Can You Limit Risks?So what can family support organizations do to limit the risks

discussed above? When we start to examine the potential for acci-dents, loss or damage within an organization, the possibilities seemendless. The first step is to look at the kinds of risks your organiza-tion could realistically be faced with, and to place them in priorityorder of how you plan to deal with them. One way of setting

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priorities is to look at the various areas of your organization, andgroup the risks associated in each area. These key areas mightinclude: Board of Directors and governance; administration; finan-cial operations; and programs and services. Brainstorming risks inthese areas could be done at board meetings, staff meetings, etc.

Then you need to look at how likely it is that the identified risksmight actually happen. Are they very likely, likely or unlikely? Ifthey did happen, how serious would the impact be on the organiza-tion in terms of loss (and remember, loss can be financial cost ordamage to reputation). Now it’s time to consider what are the mostappropriate ways of limiting the risks you have identified.

The most obvious ways of limiting risk have already been dis-cussed — appropriate policies and procedures that are regularlyreviewed, combined with knowledgeable staff, volunteers and boardmembers who understand the goals and mission of the organizationas well as their own roles, responsibilities and limitations. Orienta-tion, training and information for new staff, volunteers and boardmembers is important, as is the ongoing need for awareness incurrent trends and issues impacting on not-for-profits. Membershipin provincial or national associations relevant to your field willprovide you with additional resources and contacts to help you inyour work, and networking with others in your area is key to main-taining an awareness of what is happening in your community.

Several checklists are included in Appendix A. It is suggestedthat you customize these checklists to use within your own organi-zation to help to determine areas of risk and to develop strategiesof minimizing those risks.

A key component of risk management is insurance. Every organ-ization needs to have appropriate insurance coverage in place.Comprehensive information about insurance coverage for not-for-profits follows, along with checklists to help you to review yourown insurance needs.

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Insurance Information for Non Profits

What constitutes a basic insurance package for a not-for-profit organization?

Purchasing appropriate insurance is an essential component ofmanaging risk for not-for-profits. Most organizations are unable tomaintain a financial reserve fund to offset the costs of potentiallosses or claims, so insurance coverage is crucial in providing anappropriate way of financing losses covered by the policy.

The types of insurance coverage your organization will requiredepend on the types of activities undertaken by your organizationand the exposure to losses that you may face. Therefore, it is diffi-cult to say that all not-for-profits should carry the same coverage.You should work with an insurance agent or broker to conduct areview of your needs before deciding on what coverage you need tobuy. This review may be called a risk assessment or exposureanalysis.

What types of claims are made against not-for-profits?

• Claims and lawsuits against the not-for-profit and its staffor volunteersThese may include claims such as:

• Unfair dismissal or employment practices• Improper financial practices, fraud• Improper conduct• Sexual or other abuse• Automobile and other vehicle coverage• Commercial, general and professional liability• Directors and Officers Liability

• Claims for injuries to staff or volunteersThese may include claims such as:

• Workers’ compensation for employees and/orvolunteers

• Accident and injury coverage for volunteers (on or offsite)

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• Claims for property damage or lossThese may include claims such as:

• Theft or damage of property and equipment• Theft of money, employee dishonesty• Computer equipment and software

What Kind of Policy is Right for You?You should try to tailor your insurance to cover the specific risks

that face your organization. This usually means purchasing a com-bination of insurance coverage rather than one specific policy.Often, the cost of insurance seems off-putting to an organizationwith limited financial resources, but if you are committed toprotecting your organization, insurance is essential. You just haveto examine your options carefully and purchase an affordableinsurance package that meets your needs.

A brief summary of the main types of coverage you maywish to consider:

• Commercial General Liability (CGL) policies protect a not-for-profit and its directors, officers, employees and volunteersagainst claims alleging property damage or bodily injury causedby the not-for-profit’s operations or activities.

• Directors’ and Officers’ Liability Insurance (D&O) policiesprotect against claims alleging an error or omission leading to afinancial loss which can be attributed to the governance or man-agement of an organization. No standard D&O policy exists, soeach not-for-profit must review its coverage and exclusions.

• Errors and Omissions Liability (E&O or ProfessionalLiability) policies protect your employees who are profession-ally qualified against claims alleging negligence causing bodilyinjury. This type of policy is required if your organizationemploys staff with professional qualifications (such as nurses orsocial workers) due to the fact that a commercial general liability(CGL) policy has an exclusion for ‘professionals.’

• Contents Insurance policies protect your assets at all locationsyou lease or own against fire, theft, vandalism, water damage

19


and much more. This type of policy will often provide insurancein the form of a package including crime insurance, businessinterruption and other extensions which can be very useful inthe event of a claim. These packages will usually include com-mercial general liability (CGL) coverage.

Where Can You Go for More Information?

Making sure your organization has the right insurance coveragecan be a difficult and intimidating task. Knowing where to look andfind the expertise and advice you need is crucial.

Who to Ask:

Some insurance companies in Canada are “direct writers” whichmeans they sell their insurance directly to the public throughemployees called “insurance agents”. There are several reputabledirect insurance companies in Canada which sell not-for-profitinsurance products.

There are also many other insurance companies in Canada whoonly sell their insurance products through Independent InsuranceBrokers. Generally, there are many benefits in approaching aninsurance broker who specializes in not-for-profit insurance. Theadvantage of an independent insurance broker is that they haveaccess to several different insurance companies. A broker willanalyze and review your operations and will recommend the insur-ance coverage he or she feels is essential to your organization.

Insurance brokers will represent your interests and willapproach the various insurance companies they deal with in orderto find you the very best coverage and premium terms available inthe marketplace. A broker represents your interests over those ofthe insurance companies. This advantage can be quite noticeableshould you ever experience an insurance claim.

Questions to Ask:

• Is your insurance agent employed by one company, or is he/shean independent insurance broker representing your interests andhaving access to several insurance companies?

20


• Does your broker have expertise in not-for-profit insurance?How many insurance companies does your broker represent thatspecialize in not-for-profit insurance? (The broker should havethree or more.)

• Are you eligible for a not-for-profit insurance program?Insurance programs are usually very advantageous due to thefact that they have been specifically designed to meet all of yourneeds. They are also the best way of getting as much coverage aspossible for the lowest available premium due to the power ofgroup purchasing. Programs often provide the benefit of freeinsurance information, advice, and claims by telephone.

• Check with provincial and national associations in your field tosee if there are any such programs available for you. Forexample, FRP Canada has a very successful national insuranceprogram for member resource programs and similar organiza-tions across Canada. This program combines Contents, Crime,Liability, Board Liability and Professional Liability insurance allunder one policy at a very affordable premium.

• Ask your broker which insurance coverages they feel your organ-ization should have. Also, ask what the limitations and exclusionsare in these policies that can restrict your insurance coverage.Most brokers will explain to you that Commercial GeneralLiability (CGL) is essential. Also, if your organization has aBoard of Directors, you should certainly have a Board Liability(D&O) policy. If your organization employs professional staff,then Errors and Omissions Liability insurance (E&O orProfessional Liability) should also be purchased. Other insurancecoverages like Contents, Crime and Business Interruption may beoptional. However, you could usually obtain these coverages at avery nominal premium as part of the same policy as the Liabilitycoverage.

What are the Essential Components of a D & O Policy?Directors’ and Officers’ Liability Insurance policies provide pro-

tection for risks associated with the governance or management ofthe organization. Potential claimants may question the actions of a

21


not-for-profit board in a legal proceeding and may include repre-sentatives of government agencies, employees, volunteers orprogram participants who allege injury from the not-for-profit’sactions (or failure to act). Legislation relating to employment stan-dards, source deductions and remittances, human rights, child pro-tection and disabilities, as well as other federal and provincial laws,may all have a bearing on claims made against not-for-profits.

Many not-for-profit organizations are uninformed about the dif-ferences in D&O policies, and in the options for coverage that maybe available to them. Some not-for-profits do not have D&O cover-age at all, citing the high costs of coverage, or the reluctance of theBoard of Directors to purchase this type of policy because theyhave been operating for many years without ever having a claimmade against them. Not-for-profit organizations are not exemptfrom legal action, and it is important that all board members areaware of their legal requirements as officers of the organization,including the need for appropriate insurance coverage to be inplace.

What protection do you have?

D & O policies do not usually list the specific types of claimsthat are covered, but provide coverage for any wrongful act. Thisis a broad term that can cover alleged acts, errors, omissions,neglect or breach or duty on the part of the organization. Mostpolicies narrow actual coverage by exclusions, which exist to elimi-nate a risk which is covered in another policy (such as employeebenefits) or to deny coverage for an uninsurable risk such as illegalconduct.

It is important to look carefully at the exclusions on your policy.For example, employment related claims may not be coveredbecause of an insured versus insured exclusion. If the policydefinition of the insured includes the Executive Director, then thepolicy would not cover his or her claim for wrongful dismissal. Ifyour policy does include this exclusion, read it carefully to makesure that it does not apply to employment related claims.

22


An abuse exclusion clause is also standard on most policies, asis exclusion against intentional bodily injury. The exact wordingof these and any other exclusions must be carefully examined if youare to determine just what type of coverage your organization hasin place.

Most D&O policies will also state that directors show all duecare and diligence as they undertake the business of the organi-zation. It is not enough simply to purchase insurance. It is alsoimportant that directors take an active role in governance and arediligent in the performance of their role as a director. More infor-mation on the roles and responsibilities of directors of a not-for-profit organization is available in the section of this resourceentitled “The Responsible Board of Directors.”

D&O polices are written on a claims made basis. This type ofpolicy requires that any claim made against the insured is reportedwithin the period covered by the policy, and that the incident thatgives rise to the claim takes place within the period covered by thepolicy. So, if your organization has current D&O coverage, but aclaim is made for something that happened two years ago beforeyou purchased the policy, then you may not be covered, unless youhave also purchased prior acts or retroactive coverage. Withoutthis, an organization faces a gap in coverage whenever it changesinsurance carriers.

What is the scope of the coverage provided to you by the policy?Broad coverage is preferable, and should include a broad definitionof insured that includes the organization or entity as well as allpast, present and future board members, employees and volunteers.This broad definition ensures protection even if a claim is madeagainst someone who falls outside of the narrow definition of“director” or “officer.” The policy should also include a broaddefinition of wrongful act and claim, since these are the terms thatdetermine what actions the policy covers.

Most not-for-profit D&O policies offer several deductibleand/or retention options. The deductible is the amount of cost theorganization must cover itself when a claim is made. In general, thepremium will increase if you select a lower deductible, so bear this

23


in mind when purchasing your policy. It’s also important to know ifthe deductible is imposed on a per claim or aggregate basis.

Does the policy provide coverage for defense costs? A duty todefend policy will define the insurer’s obligation to pay for legaldefense costs when they are being incurred in a court case. Formost not-for-profits, it is essential to have this type of coveragesince the alternative would be for the organization to cover thesecosts up front and be reimbursed later, which is usually a tremen-dous financial burden.

What is the annual premium? Many organizations cite the cost ofthe policy as the primary consideration when comparing policies.However, buying a low cost policy that doesn’t provide adequatecoverage is a false economy for any organization. On the other hand,the most expensive policy does not automatically ensure that you willhave the best coverage. Your first priority is to examine the risks thatyour organization is likely to face and to purchase coverage accord-ingly. You should compare premiums only when you have carefullyconsidered the differences in policy wording and coverage.

As you can probably imagine, there are many different D& Opolicies available in the marketplace. The coverage they provideranges from very limited to very extensive. Some insurance compa-nies will have a very broad insuring agreement and insured defini-tion with many exclusions. With the professional expertise of yourinsurance broker you will be able to find the most comprehensiveboard liability policy available for you.

Once you have purchased a policy, you must review it regularlyto ensure that it continues to meet the needs of your organization.If your organization takes on new programs or activities, relocatesor has a change of governance, re-examine your insurance coverageto make sure that it is still appropriate. Most not-for-profits neverencounter a D&O claim, but having D&O coverage can preventmajor organizational and personal losses if a claim is ever made.

How to Read Your Organization’s Insurance PolicyUnfortunately, the insurance industry still has a long way to go

in developing insurance wordings that use “plain language” and are

24


easy for consumers to read. Once you begin to review the actualwording of your insurance policies you may need the expertise ofyour insurance professional for further assistance.

An insurance policy has several sections including, but notlimited to, the following:

• Declarations: This section summarizes the key insurance pointsof the policy, such as: insurance company name, policy period,policy number, type of policy, name of insured, insured legal andmailing address, loss payable, limits of insurance, insured form,deductible, coinsurance and premium information. Other keyinformation relevant to the policy is also available in this section.

• Insuring Agreements: This section defines the coverage andscope of the insurance afforded by the policy. It will often dictatehow broad or limited your policy will be.

• Definitions: This section defines all key insurance terms used inthe policy. The definition section is often what will clarify theexact coverage for a particular claim.

• Exclusions: This section of the policy will itemize what perils orlosses will not be covered by the policy. Most exclusions you willfind on a policy are there because a particular peril should becovered on a different policy or simply because that loss or claimis uninsurable, for example, criminal acts.

• Conditions: This section itemizes the various conditions whichmust be met by the insurer and the insured in order to fulfilltheir obligations under the insurance contract. A contract couldbe considered “null and void” should one of these conditions notbe met.

When reviewing your insurance policy wordings, it is alsoimportant to consult with legal counsel to make sure that you areproperly protected. Your lawyer will make sure that your insurancepolicy conforms with the various contracts you may have signed,for example, leases or partnership agreements. Even if you havepurchased your policies with the assistance of an insurance broker,a lawyer should always be the last party to review and approvelegal insurance contracts.

25


BLANK

Page 26

Appendices

A. Checklists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

B. Government Contacts . . . . . . . . . . . . . . . . . . . . . . . . . .47

C. Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53

2727



Bo

ard

of

Dir

ecto

rs C

hec

klis

t

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

The

org

aniz

atio

n ha

s w

ritt

en p

olic

ies

that

app

ly t

o bo

ard

mem

bers

, inc

ludi

ng c

ode

of c

ondu

ct, r

oles

and

res

pons

ibili

ties

.

The

boa

rd h

as a

ful

l und

erst

andi

ng o

f th

e ro

les

and

resp

onsi

bilit

ies

of a

boa

rd o

f di

rect

ors.

Boa

rd m

embe

rs u

nder

stan

d th

e m

issi

on, v

isio

n an

d va

lues

of

the

orga

niza

tion

The

re is

a w

ell-

defi

ned

proc

ess

for

boar

d re

crui

tmen

t.

The

re is

a p

roce

ss f

or t

he o

rien

tati

on o

f ne

w b

oard

mem

bers

and

for

ongo

ing

boar

d de

velo

pmen

t.

The

re is

a p

roce

ss f

or e

valu

atin

g th

e pe

rfor

man

ce o

f th

e bo

ard

and

its

com

mit

tees

.

The

re is

a p

roce

ss f

or t

he e

lect

ion

of t

he e

xecu

tive

off

icer

s of

the

orga

niza

tion

.

The

boa

rd h

as c

lear

goa

ls r

esul

ting

fro

m r

elev

ant

annu

alst

rate

gic

plan

ning

for

the

org

aniz

atio

n.

The

boa

rd f

ocus

es o

n po

licy-

rela

ted

deci

sion

s w

hich

eff

ec-

tive

ly g

uide

the

ope

rati

onal

act

ivit

ies

of s

taff

.

28

The

boa

rd r

ecei

ves

regu

lar

repo

rts

on f

inan

ces,

bud

gets

,pr

ogra

ms,

pro

duct

s an

d ot

her

impo

rtan

t m

atte

rs.

The

boa

rd h

elps

set

fun

drai

sing

goa

ls a

nd is

act

ivel

y in

volv

edin

fun

drai

sing

.

The

boa

rd r

egul

arly

eva

luat

es a

nd p

arti

cipa

tes

in t

hede

velo

pmen

t of

the

Exe

cuti

ve D

irec

tor.

All

nece

ssar

y sk

ills,

sta

keho

lder

s an

d di

vers

ity

are

repr

esen

ted

on t

he b

oard

.

Eac

h m

embe

r of

the

boa

rd f

eels

invo

lved

and

inte

rest

ed in

the

wor

k of

the

boa

rd a

nd o

rgan

izat

ion.

Mee

ting

s ar

e w

ell a

tten

ded

and

all b

oard

mem

bers

par

tici

pate

in d

iscu

ssio

ns.

29



30

Bo

ard

Ori

enta

tio

n C

hec

klis

tIn

form

atio

n on

the

fol

low

ing

shou

ld b

e pr

esen

ted

to n

ew b

oard

mem

bers

as

they

join

the

boa

rd. T

he in

form

atio

n sh

ould

idea

lly b

e ke

pt in

a b

inde

r fo

rmat

, mai

ntai

ned

as c

urre

nt, a

nd a

cop

y gi

ven

to e

ach

boar

d m

embe

r.

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

Eac

h bo

ard

mem

ber

has

a co

py o

f th

e B

oard

Han

dboo

k.C

onte

nts

incl

ude

by-l

aws,

mis

sion

vis

ion

and

valu

es, p

olic

ies

and

proc

edur

es, m

inut

es o

f pr

evio

us m

eeti

ngs,

fin

anci

al s

tate

-m

ents

and

oth

er im

port

ant

docu

men

ts.

Age

ncy

hist

ory,

mis

sion

, vis

ion

and

valu

es.

Leg

al d

utie

s, r

espo

nsib

iliti

es a

nd li

abili

ty o

f bo

ard

mem

bers

.

Job

des

crip

tion

s of

boa

rd m

embe

rs, s

taff

and

vol

unte

ers.

Org

aniz

atio

n co

nsti

tuti

on a

nd b

y-la

ws.

All

polic

ies:

per

sonn

el, f

inan

cial

, ope

rati

onal

etc

.

Cur

rent

org

aniz

atio

nal c

hart

s fo

r st

aff,

boar

d an

d vo

lunt

eers

.

Lis

ts o

f co

mm

itte

es, w

ith

term

s of

ref

eren

ce.

Con

tact

info

rmat

ion

for

boar

d m

embe

rs a

nd k

ey s

taff

.

Fin

anci

al s

tate

men

ts f

or c

urre

nt f

isca

l yea

r.

Cur

rent

bud

get.


31

Mos

t re

cent

ann

ual r

epor

t.

Mos

t re

cent

aud

ited

fin

anci

al s

tate

men

ts.

Boa

rd e

xpen

se c

laim

for

ms.

Min

utes

and

age

ndas

of

the

boar

d an

d co

mm

itte

e m

eeti

ngs

from

thi

s fi

scal

yea

r.

Str

ateg

ic p

lann

ing

docu

men

ts, o

r ot

her

orga

niza

tion

al p

lan-

ning

too

ls.

Res

ults

of

rece

nt e

valu

atio

ns/s

urve

ys e

tc.

Pro

gram

sta

tist

ics

and

sum

mar

ies

of p

rogr

ams

offe

red.


32

Fin

anci

al M

anag

emen

t C

hec

klis

t

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

Fin

anci

al s

yste

ms

conf

orm

to

gene

rally

acc

epte

d ac

coun

ting

prac

tice

s fo

r no

n-pr

ofit

org

aniz

atio

ns.

The

Fin

ance

Com

mit

tee

is a

sta

ndin

g co

mm

itte

e of

the

Boa

rd,

chai

red

by t

he T

reas

urer

.

Boa

rd m

embe

rs a

re a

ble

to r

ead

and

unde

rsta

nd t

ypic

al f

inan

-ci

al s

tate

men

ts (

e.g.

bud

get,

bala

nce

shee

t).

Tra

inin

g/or

ient

atio

n on

how

to

unde

rsta

nd t

he o

rgan

izat

ion’

sfi

nanc

ial s

tate

men

ts is

pro

vide

d fo

r ne

w b

oard

mem

bers

and

staf

f.

The

org

aniz

atio

n sc

reen

s an

d/or

ref

eren

ce c

heck

s an

y bo

ard

orst

aff

mem

bers

who

han

dle

mon

ey o

r ha

ve s

igni

ng a

utho

rity

.

Che

ques

and

con

trac

ts m

ust

have

tw

o au

thor

ized

sig

natu

res,

usua

lly o

ne b

oard

mem

ber

and

one

staf

f.

The

re a

re p

olic

ies

in p

lace

for

mon

itor

ing

the

use

of p

etty

cash

, and

for

rep

orti

ng o

n pe

tty

cash

exp

endi

ture

s.

The

re a

re s

tand

ard

prac

tice

s in

pla

ce f

or s

etti

ng a

ndap

prov

ing

budg

ets.

Exp

endi

ture

s ar

e co

nsis

tent

wit

h bu

dget

and

sup

plie

s, s

ervi

ces

and

equi

pmen

t ar

e pu

rcha

sed

wit

hin

budg

et g

uide

lines

.


33

The

org

aniz

atio

n fo

llow

s st

anda

rd p

ract

ices

for

fin

anci

alre

port

ing.

The

boa

rd r

evie

ws

stat

emen

ts o

f in

com

e an

d ex

pend

itur

es a

tea

ch b

oard

mee

ting

.

The

aud

itor

is a

ppro

ved

by t

he m

embe

rshi

p an

d fo

llow

sst

anda

rd a

udit

ing

prac

tice

s.

The

aud

itor

is c

hang

ed e

very

few

yea

rs.

The

mem

bers

hip

form

ally

app

rove

s th

e an

nual

aud

ited

fina

ncia

l sta

tem

ents

.

The

org

aniz

atio

n ha

s cl

earl

y de

fine

d po

licie

s ab

out

who

isre

spon

sibl

e fo

r sp

ecif

ic f

inan

cial

dec

isio

ns a

nd t

he s

cope

of

that

res

pons

ibili

ty.

Fin

anci

al p

olic

ies

and

proc

edur

es a

re r

evie

wed

ann

ually

.

The

org

aniz

atio

n’s

asse

ts a

re a

dequ

atel

y in

sure

d.

The

org

aniz

atio

n ha

s es

tabl

ishe

d a

plan

iden

tify

ing

acti

ons

tota

ke in

eve

nt o

f a

redu

ctio

n or

loss

in f

undi

ng.

The

org

aniz

atio

n ha

s, o

r is

try

ing

to d

evel

op, a

res

erve

of

fund

s to

cov

er t

hree

mon

ths

oper

atin

g ex

pens

es.

Fin

anci

al r

epor

ts a

re s

ubm

itte

d as

req

uire

d to

fun

ders

and

/or

gove

rnm

ent

agen

cies

.


34

Hu

man

Res

ou

rce

Man

agem

ent

Ch

eckl

ist

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

The

org

aniz

atio

n ha

s a

wri

tten

per

sonn

el p

olic

ies

and

proc

edur

es m

anua

l tha

t is

rev

iew

ed a

nd u

pdat

ed a

nnua

lly.

Thi

s m

anua

l out

lines

pol

icie

s re

lati

ng t

o re

crui

tmen

t, hi

ring

,re

mun

erat

ion

and

term

inat

ion

of s

taff

, in

line

wit

h pr

ovin

cial

and

fede

ral e

mpl

oym

ent

and

hum

an r

ight

s le

gisl

atio

n.

The

org

aniz

atio

n fo

llow

s no

n-di

scri

min

ator

y hi

ring

pra

ctic

es.

The

per

sonn

el m

anua

l is

avai

labl

e to

all

boar

d m

embe

rs, t

heE

xecu

tive

Dir

ecto

r an

d al

l sta

ff m

embe

rs.

All

staf

f m

embe

rs a

ckno

wle

dge

in w

riti

ng t

hat

they

hav

e re

adan

d un

ders

tood

the

con

tent

s of

the

man

ual a

nd t

hat

they

hav

ea

copy

of

or a

cces

s to

it.

The

org

aniz

atio

n ha

s cu

rren

t jo

b de

scri

ptio

ns f

or a

ll st

aff

posi

tion

s. T

he jo

b de

scri

ptio

ns in

clud

e qu

alif

icat

ions

, dut

ies,

repo

rtin

g re

lati

onsh

ips

and

key

perf

orm

ance

indi

cato

rs.

All

staf

f ha

ve a

cop

y of

the

ir c

urre

nt jo

b de

scri

ptio

n, a

nd it

isre

view

ed w

ith

them

as

part

of

an a

nnua

l per

form

ance

eval

uati

on p

roce

ss.


35

The

Boa

rd o

f D

irec

tors

con

duct

s an

ann

ual r

evie

w o

f th

eE

xecu

tive

Dir

ecto

r ba

sed

on k

ey g

oals

and

obj

ecti

ves.

The

org

aniz

atio

n ha

s a

com

pens

atio

n pl

an f

or s

taff

and

peri

odic

ally

rev

iew

s sa

lary

ran

ges

and

bene

fits

.

The

org

aniz

atio

n ha

s a

proc

ess

for

filli

ng v

acan

t po

siti

ons

in a

tim

ely

man

ner

to a

void

dis

rupt

ion

to o

pera

tion

s.

The

org

aniz

atio

n ha

s a

proc

ess

for

revi

ewin

g an

d re

spon

ding

to id

eas,

sug

gest

ions

and

com

men

ts f

rom

all

staf

f.

The

org

aniz

atio

n pr

ovid

es o

ngoi

ng p

rofe

ssio

nal d

evel

opm

ent

and

trai

ning

opp

ortu

niti

es f

or s

taff

.

The

org

aniz

atio

n m

aint

ains

con

fide

ntia

l per

sonn

el f

iles

and

reco

rds.


36

Vo

lun

teer

Man

agem

ent

Ch

eckl

ist

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

The

org

aniz

atio

n ha

s a

clea

rly

defi

ned

purp

ose

of t

he r

ole

ofvo

lunt

eers

.

Job

des

crip

tion

s ex

ist

for

all v

olun

teer

pos

itio

ns in

the

orga

niza

tion

. Vol

unte

ers

are

awar

e of

and

und

erst

and

thei

rre

spon

sibi

litie

s an

d ac

know

ledg

e ac

cept

ance

of

the

job

desc

ript

ion

in w

riti

ng.

Org

aniz

atio

n ha

s vo

lunt

eer

polic

ies

and

proc

edur

es m

anua

l,re

view

ed a

nnua

lly.

Pol

icie

s in

clud

e re

crui

tmen

t, sc

reen

ing,

rei

mbu

rsem

ent

ofex

pens

es, r

elat

ions

hips

wit

h st

aff

and

part

icip

ants

, cod

e of

cond

uct,

conf

iden

tial

ity

etc.

Rec

ruit

men

t po

licy

resp

ects

, enc

oura

ges

and

repr

esen

ts t

hedi

vers

ity

of t

he c

omm

unit

y.

The

re is

init

ial o

rien

tati

on a

nd o

ngoi

ng t

rain

ing

for

volu

ntee

rs.

Vol

unte

er o

ppor

tuni

ties

are

res

pect

ful o

f th

e va

ryin

g ab

iliti

esan

d av

aila

bilit

ies

of v

olun

teer

s.


37

The

org

aniz

atio

n co

nduc

ts p

erio

d pe

rfor

man

ce a

ppra

isal

s w

ith

volu

ntee

rs a

nd p

rovi

des

feed

back

on

volu

ntee

r pe

rfor

man

ce,

acco

mpl

ishm

ents

and

are

as t

hat

may

nee

d at

tent

ion.

Vol

unte

ers

are

enco

urag

ed t

o re

view

and

eva

luat

e th

eir

invo

lvem

ent

wit

h th

e or

gani

zati

on a

nd s

ugge

st a

reas

for

impr

ovem

ent.

The

org

aniz

atio

n ha

s a

proc

ess

for

volu

ntee

r re

cogn

itio

n an

dst

aff

dem

onst

rate

the

ir a

ppre

ciat

ion

of v

olun

teer

s on

a r

egul

arba

sis.

The

org

aniz

atio

n ha

s a

proc

ess

for

revi

ewin

g an

d re

spon

ding

to id

eas

and

sugg

esti

ons

from

vol

unte

ers.

The

org

aniz

atio

n pr

ovid

es o

ppor

tuni

ties

for

pro

gram

part

icip

ants

to

volu

ntee

r.

The

org

aniz

atio

n m

aint

ains

con

fide

ntia

l vol

unte

er r

ecor

ds.


38

Ris

k M

anag

emen

t C

hec

klis

t

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

The

org

aniz

atio

n ha

s an

ann

ual a

udit

by

a ce

rtif

ied

char

tere

dac

coun

tant

.

Boa

rd m

embe

rs r

evie

w f

inan

cial

sta

tem

ents

on

a re

gula

r ba

sis.

Fin

anci

al r

ecor

ds a

re k

ept

on f

ile a

nd m

ade

avai

labl

e to

boa

rdm

embe

rs u

pon

requ

est.

Boa

rd a

nd c

omm

itte

e m

inut

es a

s w

ell a

s m

onth

ly s

taff

rep

orts

are

circ

ulat

ed t

o bo

ard

mem

bers

and

cop

ies

are

avai

labl

e up

onre

ques

t.

The

re a

re o

rien

tati

on s

essi

ons

for

new

sta

ff, b

oard

mem

bers

and

volu

ntee

rs.

The

re a

re c

lear

pol

icie

s re

lati

ng t

o no

n-di

scri

min

atio

n,co

nfid

enti

alit

y an

d co

nflic

t of

inte

rest

.

Sta

ff, b

oard

mem

bers

and

vol

unte

ers

sign

a d

ecla

rati

on o

fco

nfid

enti

alit

y.

Boa

rd m

embe

rs, s

taff

and

vol

unte

ers

have

cop

ies

of c

urre

ntor

gani

zati

onal

pol

icie

s an

d pr

oced

ures

.


39

The

org

aniz

atio

n ha

s a

list

of s

afet

y an

d em

erge

ncy

proc

e-du

res.

The

re is

a r

epor

ting

sys

tem

to

reco

rd a

ny a

ccid

ents

or

safe

tyre

late

d in

cide

nts.

The

re a

re p

olic

ies

in p

lace

rel

atin

g to

rep

orti

ng a

nd d

ealin

gw

ith

susp

ecte

d ab

use

situ

atio

ns.

The

re is

a p

lan

for

deal

ing

wit

h em

erge

ncy

situ

atio

ns.

Fir

e sa

fety

and

eva

cuat

ion

proc

edur

es a

re p

oste

d an

d co

mm

u-ni

cate

d to

sta

ff, p

arti

cipa

nts

and

volu

ntee

rs.

Reg

ular

fir

e dr

ills

are

cond

ucte

d fo

r st

aff,

volu

ntee

rs a

nd p

ar-

tici

pant

s.

The

re a

re r

egul

ar in

spec

tion

s of

the

phy

sica

l spa

ce, e

quip

men

tan

d to

ys t

o co

mpl

y w

ith

heal

th a

nd s

afet

y re

gula

tion

s.

The

re a

re c

lear

gui

delin

es o

n w

hat

insu

ranc

e co

vera

ge s

houl

dbe

in p

lace

and

cov

erag

e is

rev

iew

ed r

egul

arly

.

The

re is

ade

quat

e in

sura

nce

cove

rage

bas

ed o

n th

ese

guid

e-lin

es.

The

org

aniz

atio

n ha

s th

e se

rvic

es o

f a

law

yer.


40

Insu

ran

ce P

olic

y C

hec

klis

t: C

om

mer

cial

Gen

eral

Lia

bili

ty (

CG

L)

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

Our

insu

ranc

e co

mpa

ny is

reg

iste

red

in C

anad

a, r

eput

able

and

fina

ncia

lly s

ound

.

Our

org

aniz

atio

n, a

ny s

ubsi

diar

ies

and

othe

r re

late

d le

gal

enti

ties

are

list

ed a

s “n

amed

insu

red.

”

The

pol

icy

lists

all

of o

ur o

wne

d, le

ased

and

ren

ted

loca

tion

s.

The

pol

icy

cove

rs p

rem

ises

liab

ility

for

all

of o

ur o

wne

d,le

ased

and

ren

ted

loca

tion

s.

The

pol

icy

cove

rs a

ll of

our

ope

rati

ons

and

prog

ram

s on

and

off

site

.

The

pol

icy

cove

rs t

he o

rgan

izat

ion,

dir

ecto

rs a

nd o

ffic

ers,

empl

oyee

s an

d vo

lunt

eers

and

any

one

acti

ng o

n it

s be

half

.

The

pol

icy

cove

rs N

on-O

wne

d A

utom

obile

Lia

bilit

y.

The

pol

icy

cove

rs t

enan

ts le

gal l

iabi

lity

for

any

rent

edpr

emis

es.

The

pol

icy

cove

rs A

dver

tisi

ng L

iabi

lity

and

Per

sona

l Inj

ury.

The

pol

icy

cove

rs m

edic

al p

aym

ents

.


41

The

pol

icy

cove

rs C

ontr

actu

al L

iabi

lity.

The

pol

icy

cove

rs C

ross

Lia

bilit

y.

The

pol

icy

has

a de

duct

ible

tha

t ap

plie

s on

ly t

o pr

oper

tyda

mag

e cl

aim

s.

The

pol

icy

has

Em

ploy

er’s

Lia

bilit

y C

over

age.

The

pol

icy

lists

the

max

imum

lim

it o

f lia

bilit

y pe

r cl

aim

dur

ing

the

polic

y pe

riod

.

The

pol

icy

lists

the

max

imum

lim

it o

f lia

bilit

y fo

r al

l occ

ur-

renc

es d

urin

g th

e po

licy

peri

od.

Do

we

unde

rsta

nd if

the

pol

icy

is o

n an

occ

urre

nce

basi

s or

acl

aim

s m

ade

basi

s?

Wha

t sp

ecif

ic e

xclu

sion

s fo

rm p

art

of t

he p

olic

y an

d ca

n an

yof

the

m b

e re

mov

ed?*

* N

ote:

The

fol

low

ing

excl

usio

ns a

re a

ll st

anda

rd o

n C

GL

pol

icie

s: A

buse

alle

gati

ons,

pro

fess

iona

l lia

bilit

y, p

ollu

tion

and

nuc

lear

, ter

rori

sm a

ndm

isin

terp

reta

tion

of

date

s.


42

Insu

ran

ce P

olic

y C

hec

klis

t: D

irec

tors

an

d O

ffic

ers

Liab

ility

(D

&O

)

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

Our

insu

ranc

e co

mpa

ny is

reg

iste

red

in C

anad

a, r

eput

able

and

fina

ncia

lly s

ound

.

Our

org

aniz

atio

n, a

ny s

ubsi

diar

ies

and

othe

r re

late

d le

gal

enti

ties

are

list

ed a

s “n

amed

insu

red.

”

The

pol

icy

cove

rs t

he d

irec

tors

, off

icer

s (p

ast,

pres

ent

and

futu

re),

the

org

aniz

atio

n (e

ntit

y), e

mpl

oyee

s an

d vo

lunt

eers

.

Do

we

unde

rsta

nd if

the

pol

icy

is o

n a

clai

ms

mad

e or

occu

rren

ce b

asis

?

The

pol

icy

cove

rs w

rong

ful d

ism

issa

l act

ions

, at

leas

t fo

rde

fenc

e co

sts.

Doe

s th

e po

licy

have

a d

educ

tibl

e or

ret

enti

on?

Wha

t sp

ecif

ic e

xclu

sion

s fo

rm p

art

of t

he p

olic

y an

d ca

n an

yof

the

m b

e re

mov

ed?*

* N

ote:

A p

rofe

ssio

nal e

xclu

sion

can

lim

it t

he c

over

age

affo

rded

to

any

prof

essi

onal

s on

you

r bo

ard

or s

taff

. Sta

ndar

d ex

clus

ions

are

: Abu

se/h

aras

s-m

ent,

mis

inte

rpre

tati

on o

f da

tes.


43

Insu

ran

ce P

olic

y C

hec

klis

t: E

rro

rs a

nd

Om

issi

on

s Li

abili

ty (

E&O

)

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

Our

insu

ranc

e co

mpa

ny is

reg

iste

red

in C

anad

a, r

eput

able

and

fina

ncia

lly s

ound

.

Our

org

aniz

atio

n, a

ny s

ubsi

diar

ies

and

othe

r re

late

d le

gal

enti

ties

are

list

ed a

s “n

amed

insu

red.

”

Do

we

know

if t

he p

olic

y is

on

a cl

aim

s m

ade

or o

ccur

renc

eba

sis?

The

pol

icy

cove

rs t

he d

irec

tors

, off

icer

s, t

he o

rgan

izat

ion

(ent

ity)

and

all

prof

essi

onal

ly q

ualif

ied

staf

f.

Do

the

prof

essi

onal

ly q

ualif

ied

staf

f ne

ed t

o be

list

edin

divi

dual

ly o

n th

e po

licy

in o

rder

to

be c

over

ed o

r do

es t

hepo

licy

cove

r al

l pro

fess

iona

ls o

n a

blan

ket

basi

s?

The

pol

icy

has

a de

duct

ible

tha

t on

ly a

pplie

s to

pro

pert

yda

mag

e cl

aim

s.

Wha

t sp

ecif

ic e

xclu

sion

s fo

rm p

art

of t

he p

olic

y an

d ca

n an

yof

the

m b

e re

mov

ed?


44

Insu

ran

ce P

olic

y C

hec

klis

t: P

rop

erty

Insu

ran

ce

Nee

dsIn

dica

tor

Met

Wor

kN

/AA

ctio

n

Our

insu

ranc

e co

mpa

ny is

reg

iste

red

in C

anad

a, r

eput

able

and

fina

ncia

lly s

ound

.

Our

org

aniz

atio

n, a

ny s

ubsi

diar

ies

and

othe

r re

late

d le

gal

enti

ties

are

list

ed a

s “n

amed

insu

red.

”

The

lega

l mai

ling

addr

ess

is in

dica

ted

on t

he p

olic

y.

All

cont

ents

at

owne

d, le

ased

and

ren

ted

loca

tion

s ar

e lis

ted

and

insu

red

on t

he p

olic

y.

The

pol

icy

affo

rds

cove

rage

for

con

tent

s at

non

-ow

ned

loca

tion

s an

d w

hile

in t

rans

it.

Any

loss

pay

able

s an

d or

mor

tgag

ees

are

indi

cate

d on

the

polic

y.

The

insu

ranc

e co

vera

ge is

on

an a

ll-ri

sks

basi

s.

The

bas

is o

f va

luat

ion

is o

n a

repl

acem

ent

cost

bas

is(i

.e.n

ode

prec

iati

on).

We

are

awar

e of

the

pol

icy

dedu

ctib

le?

Are

the

lim

its

of in

sura

nce

adeq

uate

for

the

con

tent

s w

e ow

nor

leas

e/re

nt b

ut a

re r

espo

nsib

le f

or?

45


We

are

awar

e of

the

coi

nsur

ance

pen

alty

?

The

pol

icy

cove

rs d

amag

e to

gla

ss (

insi

de a

nd o

ut).

The

pol

icy

cove

rs d

amag

e to

sig

nage

.

Is c

ompu

ter

equi

pmen

t co

vere

d un

der

a sp

ecia

l rid

er c

over

ing

elec

tric

al a

nd m

echa

nica

l bre

akdo

wn

loss

es?

Are

the

re a

ny li

mit

atio

ns f

or la

ptop

com

pute

rs?

Are

we

cove

red

for

sew

er b

ack-

up, e

arth

quak

e an

d fl

ood

clai

ms?

If

so, w

hat

are

the

appl

icab

le d

educ

tibl

es?

Are

we

cove

red

for

busi

ness

inte

rrup

tion

or

loss

of

inco

me

clai

ms?

(e.

g. E

xtra

Exp

ense

cov

erag

e w

ould

cov

er a

nyad

diti

onal

exp

ense

s to

rel

ocat

e th

e op

erat

ions

aft

er a

fir

e).

Are

we

cove

red

for

acco

unts

rec

eiva

ble

and

valu

able

pap

ers

clai

ms?

Are

we

cove

red

for

crim

e in

sura

nce,

i.e.

loss

of

mon

ey a

nd/o

rch

eque

s by

a t

hird

par

ty o

r em

ploy

ee d

isho

nest

y?

Are

we

cove

red

for

prof

essi

onal

fee

s co

vera

ge?

(e.g

. the

serv

ices

of

a la

wye

r).

BLANK

Page 46

Federal, Provincial and Territorial ContactInformation

The web sites listed below are the primary sites for eachprovince and territory, as well as the site for Canada Customsand Revenue Agency. They are listed as contact informationfor you, should you wish to access further information on reg-ulations and legislation that may apply to your organization inthe areas of incorporation, charitable status, employment,child protection, human rights, health and safety etc. Followthe links from each main site to the ministry or departmentthat your are looking for.

Federal:Canada Customs and Revenue Agencywww.ccra-adrc.gc.caCharities Directoratewww.ccra-adrc.gc.ca/tax/charities

Provincial and Territorial:Alberta www.gov.ab.caBritish Columbia http://gov.bc.caManitoba www.gov.mb.caNew Brunswick www.gov.nb.caNewfoundland and Labrador www.gov.nf.caNorthwest Territories www.gov.nt.caNova Scotia www.gov.ns.caNunavut www.gov.nu.caOntario www.gov.on.caPrince Edward Island www.gov.pe.caQuebec www.gouv.qc.caSaskatchewan www.gov.sk.caYukon www.gov.yk.ca

47

What Community-Based Programs Need to KnowWhat Community-Based Programs Need to Know

48


Ministry ofChildren & FamilyDevelopment

www.gov.bc.ca/mcf/

www.mcf.gov.bc.ca/child_protection/reporting_child_abuse.htm

Child, Family &Community ServicesAct

www.qp.gov.bc.ca/bcstats/96046_01.htm

On-line Child Welfare/Protection Resources

ALBERTALegislation Name Children’s

Ministry & Web Address Advocate

Ministry ofChildren’s Services

www.acs.gov.ab.ca

Child Welfare Actwww.qp.gov.ab.ca/documents/acts/c12.cfm

A new Act is anticipatedin 2003.

www3.gov.ab.ca/cs//childrensadvocate/

1-800-661-3446(in Alberta)(780) 427-8934

[email protected]

Child, Youth & FamilyAdvocate

www.advokids.org1-800-476-3933 (in BC)(604) 775-3203

Children’s Commissioner:(250) 356-0831

BRITISH COLUMBIALegislation Name Children’s


49


Department ofFamily Services &Housing, Child &Family ServicesDivision

www.gov.mb.ca/fs/programs/cfs/fs0cfs00.html

Child & Family ServicesAct

www.gov.mb.ca/chc/statpub/free/index.html

1-800-263-7146 (within MB)(204) 945-1427.

MANITOBALegislation Name Children’s


NEW BRUNSWICKLegislation Name Children’s


Family andCommunity SocialServicesDepartment ofFamily &Community Services

www.gov.nb.ca/Fcs/sfc/child.html

Family Services Act

www.gov.nb.ca/acts/acts/f-02-2.htm

NEWFOUNDLAND & LABRADORLegislation Name Children’s


Health &Community Services

www.gov.nf.ca/health/commhlth/childwel/childpro.htm

Child, Youth & FamilyServices Act

www.gov.nf.ca/hoa/statutes/c12-1.htm

50


NOVA SCOTIALegislation Name Children’s


NORTHWEST TERRITORIESLegislation Name Children’s


NUNAVUTLegislation Name Children’s


Department ofCommunityServices

Family & Children’sServices Division

Children & FamilyServices Act

www.gov.ns.ca/legi/legc/statutes/childfa1.htm

Children’s Ombudsman1-888-839-6884(902) 424-6672

Department ofHealth & SocialServices


www.lex-nt.ca

(867) 920-6337



www.lex-nu.ca

Responsibility and AccountabilityResponsibility and AccountabilityResponsibility and AccountabilityResponsibility and Accountability

51


Department ofHealth &CommunityServicesChild, Family &CommunityServices Division

www.gov.pe.ca/infopei/onelisting.php3?number=20669

Family & Child ServicesAct

www.gov.pe.ca/law/statutes/index.php3

ONTARIOLegislation Name Children’s


PRINCE EDWARD ISLANDLegislation Name Children’s


Ministry ofCommunity & SocialServices

www.gov.on.ca/CSS/page/services/child.html


http://192.75.156.68/DBLaws/Statutes/English/90c11_e.htm

Office of Child & FamilyService Advocacy

www.childsec.gov.on.ca/3_resources/childrens_pathfinder/programs/oocafsa.htm

1-800-263-2841(416) [email protected]

52


Family andChildren’s Services


www.hss.gov.yk.ca/fcs/protection.html

Children’s Act

www.lex-yk.ca

Social Services

Child protectioninformation:

www.gov.sk.ca/socserv/infocntrl/progserv/FamilyYouth/ChildProt/overview.htm


www.qp.justice.gov.sk.ca/orphan/legislation/c7-2.htm

(306) 933-6700

[email protected]/childadvocate

QUÉBECLegislation Name Children’s


SASKATCHEWANLegislation Name Children’s


YUKONLegislation Name Children’s


Santé et servicessociauxwww.msss.gouv.qc.ca

Youth Protection Actwww.msss.gouv.qc.ca/f/documentation/index.htm

Commission des droits dela personne et des droitsde la jeunesse Québec

1-800-361-6477(514) 873-5146

www.cdpdj.qc.ca/htmfr.htm/1_0.htm


Resources

Web Based - Canadian ACJ Net Canadawww.acjnet.org

“Canada’s Access to Justice Network”

Canadian Centre for Philanthropywww.ccp.ca

Resources, Research, Information and Links

Charity Villagewww.charityvillage.com

“Canada’s supersite for the non-profit sector”

Ginsler & Associateswww.ginsler.com

“Building Strong Communities Through Strong Organizations”

Innovaction www.innovaction.com

“Healthy Change Healthy Futures”

LAMP Consultants to Non-Profitswww.spc-lamp.org

Planning and organizational development experts

nonprofitscan.orgwww.nonprofitscan.org

“Canada’s non-profit information source”

Not for Profit and Charity Lawwww.extension.ualberta.ca

“Running the Well-Managed Organization”

Ontario Ministry of Agriculture Food & Rural Affairswww.gov.on.ca/OMAFRA

Fact sheets on community economic development and organizational governance

Panel on Accountability & Governance in the Voluntary Sectorwww.vsr-trsb.net/pagvs

Information and updates on this ongoing initiative

Volunteers and the Lawwww.publiclegaled.bc.ca

A Guide for Volunteers, Organizations and Boards

53


54


Volunteer Canadawww.volunteer.ca

Includes the 10 Steps Volunteer Screening Program and other resources and links

Web Based – USThese US sites are included for their overall information and resources.However, the legislation and requirements for American not-for-profitsdiffer in many ways.

Compass Point Non-Profit Serviceswww.compasspoint.org

“The Board Café” a free e-newsletter for non-profit boards

Milano Non-Profit Management Knowledge Hubwww.newschool.edu/milano/hub

“Links and resources for leaders and managers of not-for-profits”

Non-Profit Risk Managementwww.nonprofitrisk.org

Resources, information and links

Risk Management Resource Centerwww.eriskcenter.org

Resources, information and checklists

The Alliance for Non-Profit Managementwww.allianceonline.org

Sections on board development, financial management and risk management

Print Resources (all Canadian)A Guide to Corporate By Laws for Non-Profit Corporations

LAMP Consultants to Non-Profits

The Charity and Not-for-Profit SourcebookAuthor: Arthur Drache B.C. Q.C.

The Charities HandbookAuthors: Ron C. Knechtel & Dick L. Kranendank

The Law of Charitable and Non-Profit OrganizationsAuthor: Donald J. Bourgeois

The Non-Profit Manager’s Resource DirectoryAuthor: Ron Landskroner

The Volunteer Management HandbookAuthor: Tracy Daniel Connors

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Ottawa, ON K2P 0G5 CanadaTel: (613) 237-7667 Fax: (613) 237-8515

E-mail: [email protected] Web: www.frp.ca

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