Non-Competition Agreement (Canada)

Non-Competition Agreement between an employer and employee.

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An Employee Non-Compete Agreement is an agreement between an employer and an employee whereby the employee agrees not to “compete” with the employer after the employee's termination of employment. This means that for a certain time and in a certain geographical area the employee cannot engage in a competing business either directly or indirectly.

This form also includes special formatting features to assist you in completing the agreement.

This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon.
Number of Pages4
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28442
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Non-Competition Agreement 
THIS AGREEMENT made as of       between      , of       (the “Employer”) and      , of       (the “Employee”)
WHEREAS the Employee and the Employer have entered into or are about to enter into an employment relationship for their mutual benefit;
AND WHEREAS as a condition of entering into and/or continuing such employment relationship, the Employer has required that the Employee enter into this Agreement;
NOW THEREFORE IN CONSIDERATION OF the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agrees as follows:
1.   Definition. Whenever used in this Agreement the word Affiliate means any entity a majority of whose voting shares or securities are owned or controlled directly or indirectly by the Employer or the shareholders of the Employer, or whose control is held by the Employer or the shareholders of the Employer.
2.   Non-Competition. The Employee acknowledges that he or she will acquire considerable knowledge about, and expertise in, certain areas of the Employers business and that he or she will have knowledge of, and contact with, customers and suppliers of the Employer and its Affiliates (as hereafter defined). The Employee further acknowledges that he or she may well be able to utilize such knowledge and expertise, following termination of his or her service with the Employer, to the serious detriment of the Employer in the event that the Employee should solicit business from customers of the Employer or its affiliates. Accordingly, the Employee agrees that during his or her employment and for a period of two (2) year after termination of his or her employment, the Employee will not in any way be associated with or involved, directly or indirectly, with any person, firm, corporation or other entity engaged in any business which provides services substantially similar to the services provided by the Employer or its Affiliates within the area known as       and any area located within the vicinity of       miles from       or within the vicinity of       miles from any other office of the Employer, whether now operated by the Employer or hereafter operated by it.
3.   Restrictions Reasonable. The Employee acknowledges that all restrictions in this Agreement are reasonable in the circumstances and hereby waives all defences to the enforcement thereof by the Employer. In the event that any provisions of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions shall be and remain in full force and effect and the Employee hereby confers upon such court the power to replace such void or invalid provisions with such other enforceable and valid provisions as shall be as near as may be to the original in form and effect.
4.   Irreparable Harm. The Employee acknowledges that breach by him or her of the terms and conditions of this Agreement may cause irreparable harm to the Employer which may not be compensable by monetary damages. Accordingly, the Employee acknowledges that a breach by it of the terms and conditions of this Agreement shall be sufficient grounds for the granting of an injunction at the suit of the Employer by a court of competent jurisdiction.
5.   Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the of      .
6.   Entire Agreement. This Agreement is the entire agreement between the Employee and the Employer relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing. The Employee agrees that no amendment to this Agreement shall be binding upon the parties unless it is in writing and executed by both parties.
7.   Successors and Assigns. This Agreement will enure to the benefit of the successors and assigns of the Employer.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first above written.

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