Gratuitous Services Agreements
A Gratuitous Services Agreement (GSA) is used when an individual, business, corporation, non-profit organization, association, educational institution, community organization, or other entity agrees to provide services, expertise, knowledge, instruction, presentations, or other support to Canadian Forces Morale and Welfare Services (CFMWS) without payment or compensation. The purpose of the agreement is to formally document the arrangement, establish the terms under which the services will be provided, and address any legal, operational, and risk management considerations associated with the activity.
A GSA is not a procurement instrument and must not used to acquire services from a supplier. It does not create an employment relationship, contractor relationship, or any other commercial arrangement between the service provider and CFMWS. The agreement provides a clear framework for engagements when service provider is contributing their time, expertise, or knowledge without remuneration.
The agreement helps ensure that expectations are clearly understood by both parties before services begin. Depending on the nature of the engagement, it may address matters such as access to facilities, security requirements, use of materials, intellectual property, confidentiality considerations, recordings, and other obligations relevant to the activity being conducted.
A GSA does not establish a volunteer relationship with CFMWS. If an individual is participating in a volunteer role or activity, the applicable CFMWS volunteer policy, procedures, and volunteer management requirements must be followed.
Who Can Be Engaged Under a GSA?
A GSA may be used when an individual, businesses, corporation, non-profit organization, association, educational institution, community organization, or other entity agrees to provide services without payment, compensation, reimbursement, honoraria, gifts, discounts, promotional consideration, advertising benefits, future business opportunities, or any other form of benefit.
When a GSA Should Not Be Used
A GSA may only be used when no compensation or other benefit is being provided to the service provider.
A GSA must not be used when:
- payment, fees, honoraria, reimbursements, gifts, discounts, promotional consideration, advertising benefits, future business opportunities, or any other form of compensation or benefit will be provided in exchange for services;
- services are being purchased or acquired under a commercial arrangement with a supplier, company, or other service provider;
- a consultant is being engaged under a commercial arrangement; or
- another agreement or process is more appropriate for the circumstances.
If compensation or another benefit is being provided in exchange for services, the engagement must be established using the appropriate contracting or other authorized instrument.
Selecting the Appropriate Agreement
CFMWS maintains two versions of the Gratuitous Services Agreement to address different operating environments. The appropriate agreement depends on whether the services will be provided in person on NPP premises or entirely through a virtual platform.
On-Premises Gratuitous Services Agreement
The On-Premises Gratuitous Services Agreement should be used when service provider will be physically present at an NPP facility, workplace, or event location while providing gratuitous services.
Examples include but are not limited to:
- delivering in-person instruction or training;
- facilitating workshops;
- supporting special events;
- conducting demonstrations;
- sharing technical expertise; or
- participating in programs that require attendance at an NPP premises.
Because the service provider will be accessing CFMWS facilities, the agreement addresses requirements related to physical access, safety, security, site rules, screening requirements, and other measures necessary to support the activity.
Virtual Gratuitous Services Agreement
The Virtual GSA should be used when services are provided entirely online and the service provider will not require access to NPP premises.
Examples include but are not limited to:
- virtual presentations;
- webinars;
- panel discussions;
- online training sessions;
- educational briefings; or
- other remote knowledge-sharing activities.
This version addresses matters specific to virtual engagements, including recordings, presentation materials, content distribution, and related disclaimers. It reflects the reduced risks associated with remote delivery and therefore does not include many of the facility access and site management provisions required for in-person activities.
Before Services Begin
Services must not begin until the applicable GSA has been fully reviewed, approved, and signed by all required parties.
Completing the GSA before services begin helps ensure that the nature of the relationship, the scope of the activity, and any applicable requirements are clearly documented and understood by all parties.
Need Assistance?
If you are unsure whether a Gratuitous Services Agreement is appropriate for your situation, or if you need assistance determining whether the On-Premises or Virtual version should be used, please contact the Strategic Procurement and Contracting Advisor for guidance.
