At Will Employment Agreement for Canada

At Will Employment Agreement Template for Canada

A Canadian employment agreement that establishes the terms and conditions of employment between an employer and employee. While structured to provide employment flexibility, it incorporates mandatory Canadian employment standards and protections that differ from US at-will employment. The agreement covers essential elements including position details, compensation, benefits, termination provisions, and confidentiality requirements, all while ensuring compliance with relevant federal and provincial employment legislation. It's designed to be clear and comprehensive while maintaining the proper balance between employer flexibility and employee rights under Canadian law.

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What is a At Will Employment Agreement?

This At Will Employment Agreement template is designed for use in Canadian employment relationships, though it's important to note that true "at-will" employment does not exist under Canadian law. The document is typically used when establishing new employment relationships or updating existing employment terms, particularly in companies with cross-border operations that prefer standardized documentation approaches. It includes mandatory Canadian employment standards and minimum notice requirements while maintaining as much employment flexibility as legally permitted. The agreement is structured to comply with both federal and provincial employment legislation while providing comprehensive coverage of employment terms, conditions, and obligations. It's particularly useful for companies operating in multiple jurisdictions who need to maintain consistent employment documentation while ensuring local legal compliance.

What sections should be included in a At Will Employment Agreement?

1. Parties: Identifies the employer and employee with their full legal names and addresses

2. Background: Brief context about the employment relationship and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Position and Duties: Details the employee's title, role, responsibilities, and reporting relationship

5. Term and Hours of Work: Specifies employment start date, work hours, and schedule expectations

6. Compensation: Outlines base salary, payment frequency, and review process

7. Benefits: Details health benefits, insurance, and other standard benefits provided

8. Vacation and Leave: Specifies vacation entitlement, statutory holidays, and other leave policies

9. Termination: Outlines termination provisions compliant with Canadian law, including notice periods and severance

10. Confidentiality: Defines confidential information and employee's obligations to protect it

11. Company Property: Addresses company equipment, intellectual property, and return of property

12. Governing Law: Specifies that the agreement is governed by Canadian law and relevant province

13. Entire Agreement: Confirms the agreement represents the complete understanding between parties

14. Signatures: Space for dated signatures of both parties

What sections are optional to include in a At Will Employment Agreement?

1. Probationary Period: Includes when there's an initial evaluation period, typically 3-6 months

2. Commission Structure: Required for sales positions or roles with variable compensation

3. Remote Work: Include when employee has option or requirement to work remotely

4. Non-Competition: Include for senior roles, but must be carefully drafted to be enforceable under Canadian law

5. Non-Solicitation: Include for client-facing or management roles to protect business relationships

6. Travel Requirements: Include when position requires regular travel

7. Bonus Structure: Include when position includes performance-based or discretionary bonuses

8. Stock Options/Equity: Include when employee is eligible for company ownership programs

9. Relocation Terms: Include when position involves relocation assistance

10. Professional Development: Include when offering specific training or education benefits

What schedules should be included in a At Will Employment Agreement?

1. Schedule A - Job Description: Detailed outline of position responsibilities and requirements

2. Schedule B - Compensation Details: Comprehensive breakdown of salary, benefits, and other compensation elements

3. Schedule C - Company Policies: Reference to or inclusion of key company policies that form part of employment terms

4. Schedule D - Benefit Plans: Details of health, dental, and other insurance coverage

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

6. Appendix 2 - Code of Conduct: Company's code of conduct and ethical requirements

7. Appendix 3 - Remote Work Policy: If applicable, detailed remote work guidelines and expectations

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

Technology

Financial Services

Professional Services

Manufacturing

Retail

Healthcare

Education

Telecommunications

Construction

Real Estate

Media and Entertainment

Hospitality

Transportation and Logistics

Energy

Mining

Relevant Teams

Human Resources

Legal

Finance

Operations

Sales

Marketing

Information Technology

Research and Development

Customer Service

Administration

Product Development

Quality Assurance

Business Development

Project Management

Corporate Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Vice President

Director

Manager

Supervisor

Coordinator

Specialist

Analyst

Associate

Administrator

Assistant

Representative

Consultant

Engineer

Developer

Designer

Sales Executive

Account Manager

Project Manager

Human Resources Manager

Marketing Manager

Operations Manager

Financial Analyst

Business Analyst

Research Associate

Customer Service Representative

Technical Support Specialist

Industries
Canada Labour Code: Federal legislation governing employment in federally regulated industries, covering areas such as minimum wage, hours of work, termination, and workplace safety for federal employees
Employment Standards Act (Provincial): Provincial legislation that sets minimum standards for employment relationships including minimum wage, hours of work, overtime, vacation, statutory holidays, and termination notice requirements
Canadian Human Rights Act: Federal legislation prohibiting discrimination in employment based on protected grounds such as age, gender, religion, and disability
Provincial Human Rights Code: Provincial legislation protecting against discrimination and harassment in the workplace within provincial jurisdiction
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation governing the collection, use, and disclosure of personal information in the course of commercial activities
Occupational Health and Safety Act: Provincial legislation establishing workplace safety standards and employer obligations to maintain a safe work environment
Employment Insurance Act: Federal legislation governing unemployment insurance and related benefits that employers must participate in
Income Tax Act: Federal legislation governing taxation, including employer obligations for payroll deductions and remittances
Canada Pension Plan Act: Federal legislation requiring employer contributions to the national pension plan
Workers' Compensation Act: Provincial legislation governing workplace injury insurance and compensation systems
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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