Things to know Copyright protection in respect of an original work arises upon the creation the work.  Although registration of copyright is not necessary, but registration provides presumptions that are useful in the event of litigation.  Copyright generally lasts for the life of the author of the work plus 50 years.  The Copyright Actprotects moral […]

Things to know A Canadian patent gives the patent holder the exclusive right to make, use and sell the  patented invention. A patent generally expires 20 years from the filing date of the application.  Canadian patents are granted on a “first-to-file” basis, not “first-to-invent” – this means that  it is essential to prepare and filea […]

Things to know REGISTRATION RIGHTS A Canadian trademark registration will give you the exclusive right to use your mark in association with your registered products or services across Canada, and the right to exclude others from using confusingly similar marks.  A registration expires 15 years from the registration date but can be renewed for successive […]

Things to know CANADA IS DIFFERENT  Important differences exist between intellectual property (IP) rules in Canada and elsewhere. Key points to remember as between Canada and the U.S. include the following:  Canada does not have a “work for hire” regime, making it critical to localize IP ownership clauses in agreements with employees, contractors and service […]

Things to know Architectural and engineering professionals are provincially regulated, and both individuals and businesses must be licensed.  Licenses for General Contractors are generally not required, but provinces/territories generally require licensing for specialized trades or activities.  Non-resident businesses performing work in Canada are subject to a statutory withholding tax. • Canada has a “contract-based” approach […]

Things to know In Canada, land use planning is governed by provincial legislation (such as Ontario’s Planning Act).  Municipal councils adopt land use plans and enact zoning by-laws to regulate land use planning and development within their jurisdiction.  Municipalities are responsible for preparing and implementing planning instruments such as:  Official plans and official plan amendments […]

Things to know Interests in land are generally held directly in fee simple (meaning absolute title to land, free of any other claims against the title, which one can sell or pass to another by will or inheritance) or by leases as leasehold interests.  Condominium or strata title ownership is also common throughout Canada.  All […]

  Things to know   Most office, retail and industrial space in Canada is available only through a commercial lease. • Most commercial lease transactions start with a binding offer to lease that sets out the most important business terms; a non-binding letter of intent could also be used for this purpose, although it is […]

Things to know Canada has a universal health care system funded through general tax revenues. All Canadians are covered and receive medically necessary hospital and doctors’ services without direct charges at the point of service.  Some services are not covered under the public health care plan, including prescription drugs outside hospitals, dental care, vision care, […]

Things to know Subject to one exception in Québec (discussed below), there is currently no legislative requirement for employers to establish or participate in any type of employer sponsored retirement plan for the benefit of their employees (i.e., it is a voluntary system). However, where employers establish retirement plans for their employees, the employer must […]