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Executive Employment Agreement for Canada

Executive Employment Agreement Template for Canada

A comprehensive legal agreement governed by Canadian law that establishes the terms and conditions of employment for executive-level positions within an organization. This document outlines crucial elements including executive duties, compensation structure, benefits, equity participation, performance expectations, confidentiality obligations, and termination provisions. It ensures compliance with both federal and provincial employment legislation while protecting the interests of both the employer and the executive. The agreement typically includes specific provisions for executive-level benefits, bonus structures, and post-employment restrictions that are customary for senior management positions.

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What is a Executive Employment Agreement?

The Executive Employment Agreement serves as the foundational document governing the employment relationship between an organization and its senior executives in Canada. This agreement is essential when hiring or promoting individuals into executive positions such as CEO, CFO, or other C-suite roles. It typically includes detailed provisions regarding compensation packages, performance expectations, equity participation, and protection of company interests through confidentiality and non-competition clauses. The document must comply with both federal and provincial Canadian employment laws while addressing the unique aspects of executive-level employment, including complex compensation structures and corporate governance responsibilities. It's particularly crucial for publicly traded companies and organizations requiring specific executive accountability measures.

What sections should be included in a Executive Employment Agreement?

1. Parties: Identifies the employer corporation and the executive employee who are entering into the agreement

2. Background: Provides context for the agreement, including the nature of the employer's business and the executive position being filled

3. Definitions: Defines key terms used throughout the agreement

4. Position and Duties: Specifies the executive's title, role, responsibilities, and reporting relationships

5. Term: Defines whether the agreement is for a fixed term or indefinite period

6. Compensation: Details base salary, review periods, and payment terms

7. Benefits and Perquisites: Outlines health benefits, insurance, vacation entitlement, and executive perks

8. Bonus and Incentive Compensation: Describes annual bonus structure, long-term incentives, and performance metrics

9. Expenses: Covers business expense reimbursement policies and procedures

10. Confidentiality: Defines confidential information and obligations to maintain confidentiality

11. Intellectual Property: Addresses ownership and protection of IP created during employment

12. Non-Competition: Specifies restrictions on competing activities during and after employment

13. Non-Solicitation: Prohibits solicitation of employees, customers, or suppliers

14. Termination: Details grounds for termination and consequences of various termination scenarios

15. Severance: Outlines severance payments and benefits upon various types of termination

16. Return of Property: Requires return of company property upon termination

17. Governing Law: Specifies applicable law and jurisdiction

18. General Provisions: Includes standard boilerplate clauses like entire agreement, amendments, and notices

What sections are optional to include in a Executive Employment Agreement?

1. Equity Compensation: Include when the executive receives stock options, RSUs, or other equity-based compensation

2. Change of Control: Include provisions for executive rights and obligations in case of company sale or merger

3. Work Location and Relocation: Include when position requires relocation or specific work location arrangements

4. External Activities: Include when allowing or restricting outside business activities, board positions, or volunteer work

5. Representations and Warranties: Include when specific assurances from the executive are required regarding qualifications or absence of conflicts

6. Clawback Provisions: Include for public companies or when required by company policy for recovery of compensation

7. Garden Leave: Include when company wants right to place executive on paid leave during notice period

8. Dispute Resolution: Include when specific arbitration or mediation procedures are desired

What schedules should be included in a Executive Employment Agreement?

1. Schedule A - Duties and Responsibilities: Detailed list of executive's specific duties and performance expectations

2. Schedule B - Compensation Details: Comprehensive breakdown of all compensation elements and calculations

3. Schedule C - Benefits Summary: Detailed description of all benefits and perquisites

4. Schedule D - Equity Plan Terms: Terms and conditions of any equity-based compensation

5. Schedule E - Approved External Activities: List of pre-approved board positions or other external activities

6. Appendix 1 - Confidentiality Agreement: Detailed confidentiality terms and requirements

7. Appendix 2 - IP Assignment Agreement: Comprehensive intellectual property assignment provisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions









































Clauses













































Relevant Industries

Financial Services

Technology

Manufacturing

Healthcare

Retail

Energy

Mining

Professional Services

Telecommunications

Real Estate

Education

Non-Profit

Transportation

Construction

Media and Entertainment

Relevant Teams

Human Resources

Legal

Executive Leadership

Board of Directors

Compensation Committee

Corporate Governance

Finance

Operations

Relevant Roles

Chief Executive Officer (CEO)

Chief Financial Officer (CFO)

Chief Operating Officer (COO)

Chief Technology Officer (CTO)

Chief Marketing Officer (CMO)

Chief Human Resources Officer (CHRO)

Chief Legal Officer (CLO)

Chief Information Officer (CIO)

Chief Risk Officer (CRO)

Executive Vice President

Senior Vice President

Managing Director

General Counsel

Regional President

Division President

Executive Director

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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