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The Real Estate Agent Independent Contractor Agreement is a crucial document used by Canadian real estate brokerages to establish and maintain legally compliant relationships with their agents. This agreement is necessary when a licensed real estate agent joins a brokerage as an independent contractor rather than an employee, which is the predominant business model in the Canadian real estate industry. The document addresses essential elements required by provincial real estate regulators and federal tax authorities, including commission structures, service expectations, compliance requirements, and the independent nature of the relationship. It helps protect both parties by clearly defining roles, responsibilities, and compensation while ensuring adherence to relevant legislation such as provincial Real Estate Acts, the Income Tax Act, and privacy laws.

1. Parties: Identification of the brokerage and the real estate agent, including license numbers and contact information

2. Background: Context of the agreement, including confirmation of agent's licensed status and intention to create an independent contractor relationship

3. Definitions: Key terms used throughout the agreement including 'Services', 'Commission', 'Confidential Information', and 'Intellectual Property'

4. Independent Contractor Relationship: Clear establishment of independent contractor status, control over work, and tax/benefit responsibilities

5. Scope of Services: Detailed description of real estate services to be provided and agent's responsibilities

6. Licensing and Compliance: Requirements to maintain licensing, insurance, and compliance with real estate regulations

7. Commission Structure: Terms of compensation, commission splits, and payment procedures

8. Expenses and Resources: Allocation of business expenses and provision of resources between parties

9. Confidentiality: Protection of confidential information and client data

10. Intellectual Property: Ownership and usage rights of marketing materials, listings, and client databases

11. Non-Solicitation: Restrictions on soliciting brokerage's clients or agents during and after the agreement

12. Termination: Conditions and procedures for ending the agreement

13. Post-Termination Obligations: Continuing obligations after agreement termination

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