What is this document?

An Advisor Agreement (also known as a Contractor Agreement) is used to establish the terms and conditions of the service relationship between a company and an individual or another company.  An Advisor Agreement will describe the services the advisor will provide and the specific nature of the relationship between the advisor and the company. An advisor or contractor is often treated differently in terms of hours and benefits than an employee of the company.

When would I use this document?

This document can be used when a business wants to use the services of another person or company, but does not want to formally hire the person as an employee. This document can make it clear what services and obligations exist between the company and the contractor.

Who signs this document?

Advisor Agreements are signed by the prospective or existing contractor and an authorized representative of the company (usually an officer or director of the corporation).

More details about this document

Advisor Agreements can range in length depending on the complexity of the relationship and the services that are being provided. Some Advisor Agreements last for a short period of time or until a specific task or project is completed, but they can be used for full-time or part-time purposes.

Advisor Agreements are used when the company wants services but does not want to have the obligations of hiring an employee (e.g. payroll deductions, benefits etc.). It is important to understand the differences between an employee and contractor.

The Canada Revenue Agency looks at several factors when determining the true nature of the relationship and whether the company or individual is properly classified as an employee or independent contractor. If the advisory relationship has the features of an employment relationship the CRA can classify the service provider as an ‘employee’ even if they were hired under a Consulting Agreement.

What are the core elements of this document?

The core elements of an Advisor Agreement include:
Statement of work or description of the services to be provided.

Additional clauses may include:

Confidentiality requirements and non-competition/non-solicitation clauses.

 

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