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.
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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.
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
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
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