Archive | Doing Business in Canada

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 […]

Things to know Canada’s retirement income system consists of a mix of public pensions and private pension and retirement savings plans. UNIVERSAL GOVERNMENT PENSION BENEFITS  The Old Age Security program (OAS) provides a basic level of retirement income (up to $631 per month in 2018) to Canadian residents, along with additional support for low-income seniors […]

Things to know Ontario is the “high water mark” for accessibility laws in Canada.  The Province’s AODA – the Accessibility for Ontarians with Disabilities Acthas detailed standards that must be followed by governments, businesses, non-profits and public sector organizations in five areas:  Customer Service Standards:How to provide accessible customer service, including communicating with customers with […]

Things to know Employment agreements can be either verbal or in writing and for an indefinite term or fixed term.  Employees must be provided with at least their minimum statutory entitlements in respect of terms and conditions of employment as set out in applicable provincial employment standards legislation.  Written employment agreements are recommended at least […]