Deferment Agreement for Canada

Deferment Agreement Template for Canada

A Canadian Deferment Agreement is a legally binding document that modifies existing payment obligations by establishing new terms for debt repayment. This agreement, governed by Canadian federal and provincial laws, formally documents the postponement of debt payments, typically including specific terms about the deferment period, interest calculations, and revised payment schedules. It incorporates provisions compliant with Canadian interest rate regulations, consumer protection laws, and relevant provincial legislation, while establishing clear terms for both creditor and debtor regarding the management and eventual satisfaction of the debt obligation.

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What is a Deferment Agreement?

The Deferment Agreement is a crucial legal instrument in Canadian financial operations, typically employed when a debtor requires temporary relief from payment obligations due to financial hardship, business restructuring, or other significant circumstances. This document modification tool allows parties to formally agree to postpone or restructure debt payments while maintaining the underlying obligation. The agreement must comply with Canadian federal legislation such as the Interest Act and provincial consumer protection laws, making it essential to tailor the agreement to the specific province of operation. A properly structured Deferment Agreement helps prevent defaults, maintains business relationships, and provides clear documentation of modified payment terms while ensuring legal enforceability.

What sections should be included in a Deferment Agreement?

1. Parties: Identification of the creditor and debtor, including full legal names and addresses

2. Background: Context of the original debt obligation and reason for deferment

3. Definitions: Key terms used throughout the agreement, including 'Original Agreement', 'Deferment Period', 'Deferred Amount'

4. Acknowledgment of Debt: Confirmation of the original debt amount and terms

5. Deferment Terms: Specific details of the deferment including duration, conditions, and any interest during deferment

6. Payment Terms: Schedule of payments after deferment period, including amounts and dates

7. Interest and Charges: Details of any interest or additional charges during and after deferment

8. Default Provisions: Consequences of missing payments or breaching agreement terms

9. Representations and Warranties: Statements of fact and promises by both parties

10. Notices: How formal communications between parties should be made

11. Governing Law: Specification of applicable Canadian law and jurisdiction

12. Execution: Signature blocks and execution requirements

What sections are optional to include in a Deferment Agreement?

1. Security: Include when the deferment agreement is secured by assets or collateral

2. Guarantor Provisions: Required when a third party guarantees the deferred payments

3. Insurance Requirements: Include when specific insurance must be maintained during deferment

4. Early Payment Provisions: Terms for early repayment if allowed, including any penalties or benefits

5. Force Majeure: Include during uncertain times (e.g., pandemic) to address unforeseen circumstances

6. Assignment and Transfer: Include if either party may need to transfer their rights/obligations

7. Modification Terms: Include when flexibility for future modifications may be needed

What schedules should be included in a Deferment Agreement?

1. Schedule A - Original Debt Documentation: Copy or summary of the original loan agreement or debt instrument

2. Schedule B - Payment Schedule: Detailed schedule of payments including dates, amounts, and payment methods

3. Schedule C - Current Debt Statement: Statement showing current balance, interest, and any fees as of agreement date

4. Schedule D - Security Details: Description of any security or collateral (if applicable)

5. Appendix 1 - Calculation of Interest: Methodology for calculating interest during and after deferment

6. Appendix 2 - Notice Forms: Standard forms for various notices under the agreement

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

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking & Financial Services

Real Estate

Commercial Lending

Retail

Manufacturing

Professional Services

Construction

Healthcare

Education

Small Business

Agriculture

Technology

Relevant Teams

Legal

Finance

Credit Control

Risk Management

Collections

Treasury

Compliance

Commercial Lending

Account Management

Business Development

Corporate Advisory

Contract Administration

Relevant Roles

Credit Manager

Financial Controller

Collections Officer

Legal Counsel

Risk Manager

Account Manager

Chief Financial Officer

Debt Recovery Specialist

Commercial Lending Officer

Treasury Manager

Compliance Officer

Contract Administrator

Business Development Manager

Financial Analyst

Corporate Lawyer

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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