Executive Compensation Contracts are essential legal documents used when hiring or promoting individuals to senior leadership positions within Canadian organizations. These contracts require careful consideration of both federal and provincial legislation, particularly in areas of employment standards, securities law (for public companies), and corporate governance requirements. The agreements typically detail comprehensive compensation packages including base salary, short and long-term incentives, equity compensation, benefits, and termination provisions. Executive Compensation Contracts must be structured to comply with relevant tax laws, securities regulations (especially for publicly traded companies), and industry-specific requirements. They often require approval from the board of directors or compensation committee and must align with the company's governance policies while protecting both the organization's and executive's interests.
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1. Parties: Identification of the employer corporation and the executive
2. Background: Context of the agreement and executive's appointment
3. Definitions: Key terms used throughout the agreement
4. Appointment and Term: Position title, duties, and duration of employment
5. Base Salary: Annual base salary and review provisions
6. Annual Bonus: Structure and terms of annual bonus program
7. Long-term Incentives: Equity compensation and long-term incentive plans
8. Benefits and Perquisites: Health benefits, insurance, and executive perks
9. Vacation: Vacation entitlement and terms
10. Termination: Grounds for termination and consequences
11. Confidentiality: Protection of confidential information
12. Non-Competition: Restrictions on competitive activities
13. Non-Solicitation: Restrictions on soliciting employees or customers
14. Intellectual Property: Ownership of work product and innovations
15. Governing Law: Applicable law and jurisdiction
1. Change of Control: Provisions triggered by change in company ownership - include for public companies or where M&A activity is likely
2. Relocation: Terms for relocation assistance - include when executive must relocate
3. International Assignment: Terms for international work - include for global companies
4. Clawback: Provisions for recovering compensation - include for public companies or regulated industries
5. Board Position: Terms of board membership - include when executive will serve on board
6. Share Ownership Requirements: Minimum share ownership rules - include for public companies
7. Indemnification: Corporate indemnification provisions - include for senior executives with significant liability exposure
8. Tax Equalization: Tax treatment for international assignments - include for cross-border responsibilities
1. Schedule A - Position Description: Detailed outline of executive's duties and responsibilities
2. Schedule B - Annual Bonus Plan: Specific metrics and calculations for annual bonus
3. Schedule C - Equity Compensation Details: Terms of stock options, RSUs, or other equity compensation
4. Schedule D - Benefits Summary: Detailed list of benefits and perquisites
5. Schedule E - Permitted Outside Activities: List of approved board positions or other external commitments
6. Appendix 1 - Confidential Information: Detailed definition of confidential information
7. Appendix 2 - Restrictive Covenant Terms: Detailed non-compete and non-solicit provisions
8. Appendix 3 - Change of Control Terms: Detailed provisions regarding change of control scenarios
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