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Executive Separation Agreement Template for Canada

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Key Requirements PROMPT example:

Executive Separation Agreement

"I need an Executive Separation Agreement for our CFO who is retiring on March 1, 2025, including provisions for their unvested stock options and ongoing board position in our subsidiary companies."

Document background
The Executive Separation Agreement is a crucial document used when terminating the employment relationship with senior executives in Canada. It serves to protect both the organization and the departing executive by clearly defining the terms of separation, including financial compensation, benefit continuation, and ongoing obligations. The agreement must comply with Canadian federal and provincial employment standards, human rights legislation, and tax regulations. The document typically includes provisions for severance payments, treatment of equity compensation, confidentiality obligations, non-competition restrictions (where enforceable under Canadian law), and mutual releases. It requires careful consideration of the executive's specific circumstances, such as length of service, employment contract terms, and any applicable change-of-control provisions.
Suggested Sections

1. Parties: Identification of the employer corporation and the departing executive

2. Background: Brief recitation of the employment relationship and decision to separate

3. Definitions: Key terms used throughout the agreement including Termination Date, Severance Period, Cause, etc.

4. Termination of Employment: Formal statement of employment termination, including the effective date and position being terminated

5. Severance Payment: Details of severance compensation, payment schedule, and tax treatment

6. Continuing Benefits: Overview of health, insurance, and other benefits continuation during the severance period

7. Release of Claims: Mutual release of claims between parties, including specific claims being waived

8. Confidentiality Obligations: Ongoing duties regarding company confidential information and trade secrets

9. Return of Company Property: Requirements and timeline for returning company assets and documents

10. Non-Disparagement: Mutual agreements regarding non-disparagement obligations

11. References: Agreement on how employment references will be handled

12. Cooperation: Executive's obligations to assist with transition and future matters

13. Governing Law: Specification of applicable law and jurisdiction

14. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

Optional Sections

1. Equity Compensation: Treatment of stock options, RSUs, or other equity-based compensation

2. Non-Competition: Restrictions on future employment with competitors, if applicable and enforceable

3. Non-Solicitation: Restrictions on soliciting employees or customers

4. Outplacement Services: Details of career transition assistance if provided

5. Board Resignation: Terms of resignation from board positions if applicable

6. International Implications: Special provisions for executives with multi-jurisdiction responsibilities

7. Change of Control: Impact of any pending or recent change of control on separation terms

8. Retirement Benefits: Special provisions regarding pension or retirement benefits

9. Tax Indemnification: Provisions dealing with tax implications and responsibilities

10. Legal Fee Reimbursement: Terms for covering executive's legal fees in reviewing agreement

Suggested Schedules

1. Schedule A - Severance Calculation: Detailed calculation of severance amount including salary, bonus, and benefits

2. Schedule B - Outstanding Equity Awards: List and treatment of all outstanding stock options, RSUs, and other equity compensation

3. Schedule C - Continuing Benefits Details: Comprehensive list of benefits and their continuation terms

4. Schedule D - Release of Claims: Detailed release language required by local law

5. Schedule E - Company Property Checklist: Itemized list of company property to be returned

6. Appendix 1 - Confidential Information Definition: Detailed definition and examples of confidential information

7. Appendix 2 - Post-Employment Restrictions: Detailed terms of any non-compete or non-solicitation obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Technology

Manufacturing

Healthcare

Retail

Energy

Telecommunications

Professional Services

Mining

Real Estate

Consumer Goods

Transportation

Education

Media and Entertainment

Construction

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Board of Directors

Compensation & Benefits

Corporate Governance

Risk Management

Compliance

Internal Communications

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Operating Officer

Chief Technology Officer

Chief Marketing Officer

Executive Vice President

Senior Vice President

Division President

Managing Director

Regional Director

Executive Director

General Manager

Country Manager

Business Unit Head

Board Member

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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