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Non Compete Release Form for Canada

Non Compete Release Form Template for Canada

A Non Compete Release Form is a legal document used in Canadian jurisdictions to formally release an individual or entity from previously agreed-upon non-competition restrictions. This document serves to terminate or modify existing non-compete obligations, taking into account varying provincial regulations, such as Ontario's restrictions on non-compete agreements under Bill 27 and Quebec's Civil Code requirements. The document specifically outlines the scope of the release, any remaining obligations, and ensures compliance with both federal and provincial Canadian laws regarding competition and employment relationships.

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Non Compete Release Form

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What is a Non Compete Release Form?

The Non Compete Release Form is essential in Canadian business contexts where parties wish to formally terminate or modify existing non-competition restrictions. This document is typically used when circumstances change, such as business sales, employee departures under amicable conditions, or when original non-compete terms are no longer necessary or enforceable. It must be carefully drafted to comply with various Canadian jurisdictional requirements, including federal competition laws and provincial regulations like Ontario's Bill 27 and Quebec's Civil Code provisions. The document includes specific details about the original non-compete agreement, the scope of the release, any surviving obligations, and consideration provided. It's particularly important in today's dynamic business environment where career mobility and business restructuring are common, providing legal clarity and protection for all parties involved.

What sections should be included in a Non Compete Release Form?

1. Parties: Identification of the parties involved - typically the original employer/business and the individual/entity being released from non-compete obligations

2. Background: Context of the original non-compete agreement, including date of original agreement and reason for release

3. Definitions: Key terms used in the release, including definition of the non-compete obligations being released

4. Release and Discharge: Explicit statement of release from non-compete obligations, including scope of release

5. Effective Date: Specification of when the release takes effect

6. Remaining Obligations: Clarification of any surviving obligations (e.g., confidentiality, non-solicitation) that remain in effect

7. Consideration: Statement of consideration provided for the release, if any

8. Representations and Warranties: Statements by both parties regarding their authority and capacity to enter into the release

9. Governing Law: Specification of applicable Canadian jurisdiction and governing law

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Non Compete Release Form?

1. Mutual Releases: Used when both parties are releasing each other from obligations

2. Partial Release: Used when only certain aspects of the non-compete are being released while others remain in effect

3. Geographic Limitations: Used when the release applies only to specific geographic areas

4. Time Limitations: Used when the release is temporary or has specific time constraints

5. Dispute Resolution: Used when parties want to specify method of resolving potential disputes

6. Non-Disparagement: Used when parties wish to include mutual agreements not to speak negatively about each other

7. Return of Property: Used when release coincides with return of company property or documents

What schedules should be included in a Non Compete Release Form?

1. Original Non-Compete Agreement: Copy of the original non-compete agreement being released

2. Geographic Areas: Detailed description of geographic areas covered by the release, if applicable

3. Released Activities: Specific list of business activities now permitted under the release

4. Surviving Obligations: Detailed list of any obligations that survive the release

Authors

Alex Denne

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

Jurisdiction

Canada

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions



















Clauses


















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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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