Service Occupancy Agreement for Canada

Service Occupancy Agreement Template for Canada

A Service Occupancy Agreement is a specialized legal document used in Canadian jurisdictions that combines elements of employment and accommodation arrangements. It establishes the terms under which an employee is granted the right to occupy residential premises as part of their employment relationship. Unlike standard residential tenancy agreements, this document clearly establishes that the right to occupy the premises is directly tied to ongoing employment and terminates automatically when the employment ends. The agreement addresses crucial aspects such as occupation terms, maintenance responsibilities, utilities, access rights, and termination provisions, while ensuring compliance with relevant provincial employment and property laws.

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What is a Service Occupancy Agreement?

The Service Occupancy Agreement is essential for situations where employers provide living accommodation as an integral part of employment. Common in Canadian educational institutions, agricultural properties, and facilities requiring on-site staff, this agreement differs significantly from standard residential tenancies. It's particularly relevant when the employee's presence on the premises is crucial for job performance or when accommodation is provided as a job benefit. The document carefully balances employment requirements with residential arrangements, ensuring clear terms for both parties while maintaining compliance with provincial employment and property laws. The agreement typically includes detailed provisions about property maintenance, utilities, access rights, and importantly, the automatic termination of occupation rights upon employment cessation.

What sections should be included in a Service Occupancy Agreement?

1. Parties: Identification of the employer/property owner and the employee/occupier

2. Background: Context of the agreement, establishing the employment relationship and need for accommodation

3. Definitions: Key terms used throughout the agreement including 'Premises', 'Employment Agreement', 'Service Occupancy', etc.

4. Grant of License: Establishes that occupation is by way of license not tenancy, linked to employment

5. Term: Duration of the service occupancy, typically linked to employment duration

6. Employment Link: Explicit connection between employment and right to occupy

7. Occupier's Obligations: Responsibilities regarding maintenance, conduct, and use of premises

8. Employer's Obligations: Responsibilities regarding maintenance, repairs, and services

9. Utilities and Services: Arrangements for payment of utilities and provision of services

10. Insurance: Requirements for insurance coverage

11. Access and Inspection: Employer's rights to access the premises

12. Termination: Circumstances and process for ending the agreement, including automatic termination upon employment end

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

14. General Provisions: Standard boilerplate clauses including governing law, entire agreement, etc.

What sections are optional to include in a Service Occupancy Agreement?

1. Shared Facilities: Used when the occupier has access to shared areas - defines access rights and rules

2. Family Members: Required if family members will also occupy the premises

3. Additional Services: Included when specific additional services (e.g., meals, cleaning) are provided

4. Furniture and Equipment: Needed when furnished accommodation is provided

5. Security Deposit: Include if a deposit is required (noting employment relationship context)

6. Tax Implications: Section addressing tax treatment of the accommodation benefit

7. Pets: Include if pets are allowed or prohibited

8. Temporary Relocation: Used when the employer may need to temporarily relocate the employee

What schedules should be included in a Service Occupancy Agreement?

1. Schedule A - Property Description: Detailed description of the premises including floor plans and boundaries

2. Schedule B - Inventory: List of furniture, appliances, and equipment provided

3. Schedule C - House Rules: Specific rules and regulations for occupation of the premises

4. Schedule D - Services Included: Detailed list of services provided as part of the agreement

5. Schedule E - Condition Report: Initial condition of the property and any existing damage

6. Schedule F - Employment Terms Reference: Key employment terms relevant to the service occupancy

7. Appendix 1 - Emergency Procedures: Safety procedures and emergency contact information

8. Appendix 2 - Maintenance Schedule: Regular maintenance and inspection schedules

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

Service Agreement

Cost

Free to use
Clauses
Relevant Industries

Education

Property Management

Agriculture

Healthcare

Hospitality

Religious Institutions

Security Services

Construction

Mining

Oil and Gas

Caretaking Services

Remote Operations

Relevant Teams

Human Resources

Facilities Management

Property Management

Legal

Operations

Employee Relations

Accommodation Services

Estate Management

Corporate Services

Risk Management

Relevant Roles

School Caretaker

Building Superintendent

Campus Security Officer

Farm Manager

Property Manager

Residential Building Manager

University Staff Warden

Hotel Manager

Church Caretaker

Estate Manager

Site Security Manager

Remote Facility Manager

College Residence Director

Maintenance Supervisor

Healthcare Facility Manager

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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