Selling through resellers,  distributors or sales representatives 

Things to know

  • Resellers, distributors and sales representatives in Canada will insist that your products or services comply with local laws, including French language rules and packaging and labelling requirements.

  • Relationships with resellers, distributors and sales representatives need to identify who will be  responsible for importing commercial products into Canada and who will be responsible for related fees and taxes.

  • An “accidental franchise” relationship with resellers, distributors or sales representatives can be  created under provincial franchise legislation – laws in six provinces broadly define a “franchise” and can “catch” commercial relationships not typically thought of as a franchise.

  • The structure of your relationship with a reseller, distributor or sales representative may impact  your obligation to pay taxes or register your business in Canada. 

Things to do

  • Ensure that your products or services comply with local laws, including French language rules 

and packaging and labelling requirements. 

  • Ensure that your relationship with a reseller, distributor and sales representative does not create an  “accidental franchise”, create a permanent establishment in Canada for tax purposes or otherwise result in unexpected obligations to pay taxes or register your business in Canada.

  • Identify who will be the importer of record (e.g., the distributors, resellers or sales representative,  or a licensed customs broker) and who will be responsible for related fees and taxes.

Canada Company Registration

Company Formations Canada offers fast and easy company registration in Canada for non-Canadian residents and foreign companies wishing to operate and do business in Canada.

Register a new company in Canada as a non-Canadian resident

https://companyformations.ca/canada-corporations-non-canadian-residents/

Register a foreign company in Canada

https://companyformations.ca/extra-provincial-corporations-licence-outside-canada/

Canada Registered agent services for foreign companies and non-Canadian residents.

https://companyformations.ca/canada-registered-agent-service/

Canada Nominee director services for foreign companies and non-Canadian residents.

Shared from: Osler, Hoskin & Harcourt llp Publication

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