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Doing Business in Canada
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March 2009

 DBIC-thumbnail-2009-2.jpg Welcome to Doing Business in Canada 
Osler, Hoskin & Harcourt LLP has produced this guide to give business executives, counsel and potential investors in other countries a concise overview of Canada's legal and economic framework and key business legislation. Click on the chapter headings below that interest you to access the full content.

 

 

 


 

 

 

1.  An Introduction to Canada's Government and Legal System
Canada’s legal system includes two civil law codes: a Code Napoléon-based system in Québec and English precedent-based common law elsewhere.

2.  Forms of Business Organization in Canada
There are several vehicles available for conducting a business in Canada. Tax and liability considerations are two key factors in selecting the right one.

3.  Financing a Foreign Business Operating in Canada
Many financing options exist for new and expanding businesses. These range from shareholder infusions of capital to sophisticated institutional financing.

4.  Insolvency and Restructuring in Canada
Canada’s insolvency and restructuring regime consists primarily of two statutes that have been amended in recent years to align their restructuring provisions.

5.  Regulation of Foreign Investment in Canada
Acquisitions of control of Canadian businesses by non-Canadians must be of “net benefit to Canada” and not “injurious to national security” to get approval.

6.  Competition Law in Canada
Significant acquisitions of Canadian businesses may require approval from the Canadian competition regulator before completion.

7.  International Trade and Investment Law
Those acquiring, establishing or expanding a business who imports and exports should include Canada’s trade legislation in due diligence reviews.

8.  Introduction to Canada's Taxation System
Several federal and provincial tax considerations relate to non-residents. One is whether to establish a branch operation or incorporate a Canadian subsidiary.

9.  Employment and Labour Law in Canada
Constant change in employment and labour law poses a challenge for employers. Operations may be subject to differing laws in each province.

10.  Executive Transfers, Business Visits and Immigration
Canada’s trade agreements and national immigration legislation determine if a foreign business person may live and work in Canada temporarily or indefinitely.

11.  Pensions and Retirement Savings Landscape in Canada
Provincial jurisdictions have minimum standards legislation in addition to federal requirements. Lack of uniform legislation impacts pension management.

12.  Privacy Law in Canada
Protection of personal information is debated as Federal and provincial legislation profoundly impacts the way organizations conduct business.

13.  Protecting Intellectual Property in Canada
Canada's intellectual property regime comprises federal statutes that evolve in response to issues like technological developments, treaties and public access.

14.  Environmental Law in Canada
Companies carrying on business in Canada are subject to environmental regulation undertaken by federal, provincial/territorial and municipal governments.

15.  Regulatory Approvals for Energy Projects
Projects in Canada require regulatory and environmental approvals from federal and/or provincial/territorial governments, depending on their scope and location.

16.  Foreign Investment in Canadian Real Estate
Understanding the several legal structures and principal issues for investment in Canadian real estate assists a foreign investor in assessing risk and reward.

17.  Doing Business in Québec
Québec’s language, culture and legal system challenge foreign businesses in the province. In particular, they must adhere to French language requirements.

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© copyright 2010 Osler, Hoskin & Harcourt LLP. All rights reserved
This information may be accessed on osler.com by visiting the following URL:
http://www.osler.com/resources.aspx?id=8749
© copyright 2010 Osler, Hoskin & Harcourt LLP. All rights reserved