Pre Authorized Payment Agreement Template for Canada

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Pre Authorized Payment Agreement

"I need a Pre-Authorized Payment Agreement for my software company that will process monthly subscription payments from business customers, with variable payment amounts based on usage and the ability to adjust fees with 30 days notice."

Document background
The Pre-Authorized Payment Agreement is essential for businesses and organizations operating in Canada that collect recurring payments from customers or clients. This document is specifically designed to comply with Canadian banking regulations and Payments Canada Rule H1, which governs pre-authorized debits (PADs). It is commonly used for regular payments such as utility bills, insurance premiums, membership fees, or loan payments. The agreement must include specific elements required by Canadian law, including clear authorization terms, payment details, cancellation rights, and recourse procedures. It serves as both a legal authorization and a practical tool for establishing automated payment arrangements while protecting the rights of both the payor and payee under Canadian jurisdiction.
Suggested Sections

1. Parties: Identification of the payor (customer) and payee (company), including full legal names and relevant contact information

2. Background: Brief context explaining the purpose of the pre-authorized payment arrangement and the underlying service or product

3. Definitions: Key terms used in the agreement, including 'PAD' (Pre-Authorized Debit), 'Processing Institution', and other relevant banking and payment terms

4. Authorization: Express authorization from the payor for the payee to debit the specified account, including the purpose of the payment (personal, business, funds transfer)

5. Payment Details: Specific details about the payment arrangement including amount (fixed or variable), frequency, and timing of debits

6. Bank Account Information: Payor's banking details including institution number, transit number, and account number

7. Cancellation Rights: Clear statement of the payor's right to cancel the agreement and the required notice period (minimum 30 days as per Payments Canada rules)

8. Recourse and Reimbursement: Information about the payor's recourse rights and reimbursement procedures for unauthorized transactions

9. Modification: Process and requirements for making changes to the agreement or payment details

10. Contact Information: Detailed contact information for both parties for notices and communications regarding the PAD

Optional Sections

1. Variable Amount Authorization: Required when payment amounts may vary; includes requirements for advance notice of amount changes

2. Multiple Account Authorization: Used when the payor authorizes debits from multiple accounts

3. Electronic Communication Consent: Required if notices and communications will be sent electronically

4. Business PAD Terms: Additional terms specific to business PADs, including waiver of pre-notification requirements

5. Joint Account Authorization: Required when the bank account is jointly held, confirming all required signatures are provided

6. Top-up Authorization: Used for agreements allowing additional variable amounts to be debited under specific circumstances

Suggested Schedules

1. Schedule A - Void Cheque: Attachment of void cheque or bank account confirmation form

2. Schedule B - Payment Schedule: Detailed schedule of payment dates and amounts, particularly for variable payment arrangements

3. Schedule C - Cancellation Notice Form: Standard form for cancellation of the pre-authorized payment arrangement

4. Appendix 1 - Sample Notice: Template for variable amount notifications, if applicable

5. Appendix 2 - Recourse Statement: Detailed statement of recourse rights as required by Payments Canada Rules

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Banking and Financial Services

Utilities

Telecommunications

Insurance

Property Management

Subscription Services

Educational Institutions

Professional Services

Retail

Non-Profit Organizations

Healthcare Services

Technology Services

Relevant Teams

Legal

Finance

Accounts Receivable

Compliance

Customer Service

Sales Operations

Treasury

Risk Management

Billing Operations

Contract Administration

Relevant Roles

Finance Manager

Accounts Receivable Manager

Legal Counsel

Compliance Officer

Banking Relations Manager

Customer Service Manager

Sales Operations Manager

Credit Controller

Treasury Manager

Payment Operations Specialist

Billing Coordinator

Contract Administrator

Risk Manager

Financial Controller

Business Development Manager

Industries
Teams

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

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