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Employee Forgivable Loan Agreement for Canada

Employee Forgivable Loan Agreement Template for Canada

A Canadian Employee Forgivable Loan Agreement is a specialized employment-related contract that establishes the terms and conditions under which an employer provides a loan to an employee, which can be forgiven based on specific conditions, typically continued employment for a defined period. The agreement, governed by Canadian federal and provincial laws, includes detailed provisions for loan terms, forgiveness conditions, tax implications, and repayment requirements. It serves as both a retention tool and a financial benefit, structured to comply with Canadian employment standards, tax regulations, and financial services laws.

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What is a Employee Forgivable Loan Agreement?

The Employee Forgivable Loan Agreement is a strategic human resources tool used by Canadian employers to attract and retain key talent by offering financial incentives in the form of loans that can be forgiven over time. This document type is particularly relevant when companies seek to secure long-term commitment from valuable employees, especially in competitive industries or for senior positions. The agreement must comply with Canadian federal and provincial employment laws, tax regulations, and financial services requirements. It typically includes specific terms about loan amount, forgiveness conditions, employment requirements, tax implications, and repayment obligations. This type of agreement is commonly used during hiring negotiations, promotions, or as part of retention strategies, particularly in professional services, financial sectors, and high-skill industries where employee retention is crucial.

What sections should be included in a Employee Forgivable Loan Agreement?

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

2. Background: Establishes the employment relationship and purpose of the forgivable loan

3. Definitions: Defines key terms used throughout the agreement including Loan Amount, Forgiveness Period, and Service Period

4. Loan Terms: Specifies the loan amount, interest rate (if any), and disbursement details

5. Forgiveness Conditions: Details the conditions under which the loan will be forgiven, typically tied to continued employment

6. Repayment Terms: Explains when and how repayment is required if forgiveness conditions are not met

7. Employment Requirements: Specifies the employment conditions that must be maintained for loan forgiveness

8. Tax Implications: Addresses the tax treatment of the loan and forgiveness, and responsibilities of each party

9. Default and Acceleration: Defines events of default and consequences, including immediate repayment requirements

10. Termination: Covers what happens to the loan upon various types of employment termination

11. General Provisions: Standard contract clauses including governing law, amendments, and notices

What sections are optional to include in a Employee Forgivable Loan Agreement?

1. Security: Include when the loan is secured by specific assets or guarantees

2. Insurance Requirements: Include when life or disability insurance is required to secure the loan

3. Stock Options/Equity Components: Include when the loan is connected to employee stock purchase or equity programs

4. Confidentiality: Include when loan terms should be kept confidential or when connected to confidential business information

5. Non-Competition/Non-Solicitation: Include when the loan agreement is tied to restrictive covenants

6. International Tax Provisions: Include for employees working across jurisdictions or subject to multiple tax regimes

What schedules should be included in a Employee Forgivable Loan Agreement?

1. Schedule A - Loan Details: Detailed breakdown of loan amount, any interest calculations, and payment schedule if applicable

2. Schedule B - Forgiveness Schedule: Timeline and milestones for loan forgiveness

3. Schedule C - Employment Terms: Reference to or summary of relevant employment terms affecting the loan

4. Appendix 1 - Tax Treatment Summary: Summary of tax implications and reporting requirements

5. Appendix 2 - Calculation Method: Detailed explanation of how forgiveness amounts are calculated

6. Appendix 3 - Required Forms: Any forms or documentation required for loan administration or forgiveness

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Financial Services

Professional Services

Technology

Healthcare

Management Consulting

Investment Banking

Legal Services

Accounting Services

Software Development

Biotechnology

Executive Search

Private Equity

Relevant Teams

Human Resources

Legal

Finance

Executive Leadership

Corporate Services

Compensation & Benefits

Talent Acquisition

Payroll

Risk Management

Compliance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Senior Vice President

Managing Director

Partner

Senior Manager

Investment Banker

Legal Counsel

Senior Software Engineer

Director of Operations

Head of Sales

Principal Consultant

Senior Associate

Executive Director

Department Head

Senior Specialist

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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