This Independent Contractor Driver Agreement is designed for use by Canadian companies engaging independent contractors for transportation and delivery services. The document is essential for businesses operating in the transportation sector who wish to clearly establish and maintain an independent contractor relationship with their drivers. It includes comprehensive provisions addressing federal and provincial regulatory requirements, including transportation safety standards, insurance requirements, and proper contractor classification. The agreement is particularly relevant in the context of the growing gig economy and e-commerce sector in Canada, where clear delineation of independent contractor status is crucial for compliance with employment and tax laws.
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1. Parties: Identification of the company and the independent contractor driver
2. Background: Context of the agreement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the agreement including 'Services', 'Vehicle', 'Territory', etc.
4. Engagement and Services: Scope of services to be provided by the driver and territory coverage
5. Independent Contractor Status: Clear statement of contractor relationship and contractor's control over operations
6. Contractor Obligations: Driver's responsibilities including licensing, vehicle maintenance, safety compliance
7. Company Obligations: Company's responsibilities including payment terms and support services
8. Compensation and Payment Terms: Payment structure, rates, frequency, and expense arrangements
9. Insurance Requirements: Required insurance coverage and minimum limits
10. Vehicle Requirements: Standards for vehicle maintenance, branding, and equipment
11. Term and Termination: Duration of agreement and termination provisions
12. Confidentiality: Protection of confidential information and trade secrets
13. Indemnification: Mutual indemnification provisions and liability allocation
14. General Provisions: Standard clauses including governing law, amendments, notices
1. Non-Compete: Restrictions on working for competitors (include only if legally enforceable in the province)
2. Technology and Equipment: If company provides specific technology or equipment for service delivery
3. Training Requirements: If specific training programs are mandatory
4. Performance Metrics: If specific performance standards and metrics are tracked
5. Fuel Surcharge: Include if fuel cost arrangements are separate from base compensation
6. Customer Service Standards: If direct customer interaction is part of services
7. Subcontracting: If contractor is permitted to subcontract services
1. Schedule A - Compensation Structure: Detailed breakdown of payment rates, bonuses, and deductions
2. Schedule B - Territory Map: Defined geographic area of operations
3. Schedule C - Vehicle Standards: Specific requirements for vehicle condition, maintenance, and equipment
4. Schedule D - Insurance Requirements: Detailed insurance specifications and coverage limits
5. Schedule E - Operating Procedures: Standard operating procedures and safety protocols
6. Appendix 1 - Required Documents: List of required licenses, certifications, and documents
7. Appendix 2 - Safety Compliance Checklist: Safety requirements and compliance verification checklist
Relevant legal definitions
Clauses
Relevant Industries
Transportation & Logistics
E-commerce
Retail
Food Delivery
Courier Services
Freight & Cargo
Manufacturing
Warehouse & Distribution
Construction
Medical Supply Distribution
Relevant Teams
Legal
Operations
Fleet Management
Logistics
Compliance
Risk Management
Driver Relations
Safety & Training
Contract Administration
Human Resources
Relevant Roles
Fleet Manager
Operations Director
Logistics Coordinator
Transportation Manager
Compliance Officer
Driver Relations Manager
Route Optimization Specialist
Safety Coordinator
Contract Administrator
Independent Contractor Driver
Delivery Operations Manager
Risk Management Officer
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