To recruit and retain highly skilled and experienced executives, companies must offer innovative and attractive compensation packages. Businesses with cross-border operations in Canada often seek to harmonize long-term compensation packages.

This can result in having Canadian employees participate in existing U.S. incentive plans. However, there are several key differences between tax and employment laws in the U.S. that require modification for use in Canada.

Explore the following differences corporate counsel should consider when utilizing U.S.-style incentive plans for Canadian employees:

• Tax treatment of performance based awards
• Differences in stock option plans
• Restricted Stock awards
• Specific plan terms and definitions with differing context
• Corporate Governance