Faire affaire au Canada

• Faire affaire au Canada, Le guide complet Faire affaire au Canada de Fasken propose un survol concis et pratique de l'environnement juridique et réglementaire du Canada.

Guide | Ressource Faire affaire au Canada Le guide complet Faire affaire au Canada de Fasken propose un survol concis et pratique de l'environnement juridique et réglementaire du Canada. Download the full guide

• The laws and political climate of a country help shape its business environment. In Canada, both federal and provincial governments have created a welcoming atmosphere for international businesses to flourish. Foreign investment in Canada is attractive because of its strong resilient economy, stable political system, abundance of natural resources and the ability to foster and attract a skilled workforce.
• Foreign businesses operating in Canada can set up a branch office or establish a separate business enterprise. Tax considerations and liability often determine what business structure is best. In this chapter, you’ll learn about the most common structures used to start a business in Canada, including corporations, sole proprietorships, partnerships, joint ventures, franchises, and co-operatives.
• Foreign investment in Canada is primarily governed by the Investment Canada Act (ICA). It includes net benefit and national security reviews of certain investments by “non-Canadians” (businesses controlled by non-citizens or non-permanent Canadian residents through voting shares).
• Canada’s Competition laws are governed by the federal Competition Act (the Act). The Act is administered and enforced by the Commissioner of Competition (the Commissioner) and the Commissioner’s staff, the Competition Bureau (the Bureau), part of the Innovation, Science and Economic Development Canada portfolio. The Canadian Competition Act applies to all business activities in Canada, with some exceptions.
• When acquiring a business in Canada, consider whether it is publicly listed or privately held and the mode of acquisition. Additionally, approvals under the Investment Canada Act or the Competition Act may be required, depending on the size of the transaction and its market impact. Read how to navigate business acquisition in Canada in this chapter.
• A foreign investor seeking to raise capital for Canadian business operations can opt for debt financing, equity financing, or a combination of both.
• When doing business in Canada, consider federal and provincial tax implications. Canadian residents are taxed on worldwide income, while non-residents are generally taxed on specific sources of income within Canada.
• Employment law in Canada is governed by the Canada Labour Code and, in nine provinces, common law. Québec is unique in that it is governed by the Civil Code of Québec. Despite some provincial variations, there is considerable uniformity across the country in employment standards, workers’ compensation, occupational health and safety, labour relations, human rights, and prohibitions on harassment and discrimination in employment.
• The federal Canada Pension Plan (CPP) and the similar Québec Pension Plan (QPP) are mandatory social insurance plans that cover employees and the self-employed. Provincial and territorial governments provide a variety of universal hospital and medical plans, and many employers opt to provide their employees with additional health and welfare plans for services, as well as company-sponsored pension or savings plans and benefit plans.
• The federal Canada Pension Plan (CPP) cover employees and the self-employed. Provincial and territorial governments provide a variety of universal hospital and medical plans, and many employers opt to provide their employees with additional health and welfare plans for services, as well as company-sponsored pension or savings plans and benefit plans.
• Foreign nationals who want to work in Canada, even temporarily, must acquire a work permit, unless they qualify as business visitors or fall under a work permit exemption category.
• Privacy in Canada is governed by various laws for the public, private, and health sectors, as well as Canada’s anti-spam legislation (CASL). These laws can be federal and/or provincial and may be supplemented by common law considerations.
• The protection of intellectual property is primarily a federal responsibility and is covered by the Patent Act, Trademarks Act, Copyright Act, and Industrial Design Act. These are administered by the Canadian Intellectual Property Office of Industry Canada. However, matters like unauthorized trademark use or trade secret misuse fall under provincial jurisdiction. The federal and provincial jurisdictions overlap.
• Companies wishing to operate in Canada’s information technology and communications sectors must comply with a number of legislative and regulatory requirements, such as CASL, Canada’s Anti-Spam Legislation.
• Franchising is a business model where a franchisor licenses their systems and methods to a franchisee, allowing them to operate a business using the franchisor’s trademarks. The franchisor also provides its know-how, expertise, and ongoing support in exchange for a continuous royalty fee. In Canada, there are three typical franchise structures: unit franchises, area development franchises, and master franchises.
• Canada is a top choice for businesses due to its stable government, independent judiciary, effective customs system, qualified and diverse labour force, and high standard of living. In this chapter, read about Québec’s thriving business environment, legislated by The Civil Code of Québec.
• Disputes can happen at any time. If issues arise, there are two main options for resolution: going to court, or using alternative dispute resolution methods such as mediation and arbitration.
• Businesses should be aware of Canada’s international trade laws which can significantly impact their success in entering and operating in the country. Key areas explored in this chapter include sanctions, forced and child labour, export and import controls, national security reviews, international trade agreements, government procurement, and investment treaties.
• Government procurement in Canada has long been subject to trade agreements, and Canada actively promotes plurilateral and bilateral trade agreements. Recent trade agreements have expanded international trade access and extended the application of these agreements to territorial, provincial, municipal, academic, school, and hospital sectors.
• Indigenous Peoples in Canada (First Nations, Inuit, and Métis) have Aboriginal rights, including treaty rights, which may cover title over significant areas of land. These rights must be considered when developing or financing a natural resource, mining, energy, or real estate projects, or any project requiring government permits or approvals.
• Every business operating in Canada should understand the strategic benefits of working with the government. Canada is a federation with 10 provinces and three territories. The Constitution divides powers between the federal parliament and the provincial legislatures.
• Increased scrutiny and expectations for government transparency make it crucial for businesses to comply with ethics and transparency rules, as well as political laws. This helps mitigate reputational risks and protect current and future business opportunities.
• “National security” is not specifically defined in Canadian law. Practically, it refers to any action or event that could significantly affect the health, safety, security, or economic wellbeing of Canadians, or the effective functioning of Canada’s governments.
• ESG considerations are increasingly important and central to business strategy in Canada. Companies are expected to adopt a strategy that addresses investor concerns about ESG issues and to clearly communicate their ESG initiatives in capital market disclosures.
• Canadian real estate is primarily governed by provincial laws. Provinces delegate specific powers to municipalities, such as controlling land use, development, building permits and related health and safety matters. Real estate is also subject to federal laws.
• Canada has a well-developed life sciences sector with a robust regulatory framework overseen by both federal and provincial governments. The federal government regulates the safety and efficacy of health products throughout their life cycle, while the provinces and territories handle general healthcare legislation.
• In Canada, agribusiness includes all the steps a commodity goes through to reach the consumer. A major element of agribusiness is the agrifood industry, which has several subsectors: agriculture, fisheries and aquaculture, as well as food and beverage processing and distribution.
• When the Cannabis Act came into force on October 17, 2018, Canada became the second country in the world to legalize the sale, possession and use of cannabis for recreational purposes, following the legalization of medical-use cannabis about twenty years earlier.

Auteure : Nabila Abdul Malik

The laws and political climate of a country help shape its business environment. In Canada, both federal and provincial governments have created a welcoming atmosphere for international businesses to flourish. Foreign investment in Canada is attractive because of its strong resilient economy, stable political system, abundance of natural resources and the ability to foster and attract a skilled workforce. Download Chapter 1

Foreign businesses operating in Canada can set up a branch office or establish a separate business enterprise. Tax considerations and liability often determine what business structure is best. In this chapter, you’ll learn about the most common structures used to start a business in Canada, including corporations, sole proprietorships, partnerships, joint ventures, franchises, and co-operatives. Download Chapter 2

Auteurs : Sara-Jeanne Lemay, Sarah Armstrong, Sarah Martin, Sarah Simpson et Sarah Noble

Foreign investment in Canada is primarily governed by the Investment Canada Act (ICA). It includes net benefit and national security reviews of certain investments by “non-Canadians” (businesses controlled by non-citizens or non-permanent Canadian residents through voting shares). Download Chapter 3

Auteurs : Daniel Law, Daniel Brock et Sandra Arsenault

Canada’s Competition laws are governed by the federal Competition Act (the Act). The Act is administered and enforced by the Commissioner of Competition (the Commissioner) and the Commissioner’s staff, the Competition Bureau (the Bureau), part of the Innovation, Science and Economic Development Canada portfolio. The Canadian Competition Act applies to all business activities in Canada, with some exceptions. Download Chapter 4

When acquiring a business in Canada, consider whether it is publicly listed or privately held and the mode of acquisition. Additionally, approvals under the Investment Canada Act or the Competition Act may be required, depending on the size of the transaction and its market impact. Read how to navigate business acquisition in Canada in this chapter. Download Chapter 5

A foreign investor seeking to raise capital for Canadian business operations can opt for debt financing, equity financing, or a combination of both. Download Chapter 6

When doing business in Canada, consider federal and provincial tax implications. Canadian residents are taxed on worldwide income, while non-residents are generally taxed on specific sources of income within Canada. Download Chapter 7

Employment law in Canada is governed by the Canada Labour Code and, in nine provinces, common law. Québec is unique in that it is governed by the Civil Code of Québec. Despite some provincial variations, there is considerable uniformity across the country in employment standards, workers’ compensation, occupational health and safety, labour relations, human rights, and prohibitions on harassment and discrimination in employment. Download Chapter 8

The federal Canada Pension Plan (CPP) and the similar Québec Pension Plan (QPP) are mandatory social insurance plans that cover employees and the self-employed. Provincial and territorial governments provide a variety of universal hospital and medical plans, and many employers opt to provide their employees with additional health and welfare plans for services, as well as company-sponsored pension or savings plans and benefit plans. Download Chapter 9

The federal Canada Pension Plan (CPP) cover employees and the self-employed. Provincial and territorial governments provide a variety of universal hospital and medical plans, and many employers opt to provide their employees with additional health and welfare plans for services, as well as company-sponsored pension or savings plans and benefit plans. Download Chapter 10

Foreign nationals who want to work in Canada, even temporarily, must acquire a work permit, unless they qualify as business visitors or fall under a work permit exemption category. Download Chapter 11

Privacy in Canada is governed by various laws for the public, private, and health sectors, as well as Canada’s anti-spam legislation (CASL). These laws can be federal and/or provincial and may be supplemented by common law considerations. Download Chapter 12

The protection of intellectual property is primarily a federal responsibility and is covered by the Patent Act, Trademarks Act, Copyright Act, and Industrial Design Act. These are administered by the Canadian Intellectual Property Office of Industry Canada. However, matters like unauthorized trademark use or trade secret misuse fall under provincial jurisdiction. The federal and provincial jurisdictions overlap. Download Chapter 13

Companies wishing to operate in Canada’s information technology and communications sectors must comply with a number of legislative and regulatory requirements, such as CASL, Canada’s Anti-Spam Legislation. Download Chapter 14

Franchising is a business model where a franchisor licenses their systems and methods to a franchisee, allowing them to operate a business using the franchisor’s trademarks. The franchisor also provides its know-how, expertise, and ongoing support in exchange for a continuous royalty fee. In Canada, there are three typical franchise structures: unit franchises, area development franchises, and master franchises. Download Chapter 15

Canada is a top choice for businesses due to its stable government, independent judiciary, effective customs system, qualified and diverse labour force, and high standard of living. In this chapter, read about Québec’s thriving business environment, legislated by The Civil Code of Québec. Download Chapter 16

Disputes can happen at any time. If issues arise, there are two main options for resolution: going to court, or using alternative dispute resolution methods such as mediation and arbitration. Download Chapter 17

Businesses should be aware of Canada’s international trade laws which can significantly impact their success in entering and operating in the country. Key areas explored in this chapter include sanctions, forced and child labour, export and import controls, national security reviews, international trade agreements, government procurement, and investment treaties. Download Chapter 18

Government procurement in Canada has long been subject to trade agreements, and Canada actively promotes plurilateral and bilateral trade agreements. Recent trade agreements have expanded international trade access and extended the application of these agreements to territorial, provincial, municipal, academic, school, and hospital sectors. Download Chapter 19

Indigenous Peoples in Canada (First Nations, Inuit, and Métis) have Aboriginal rights, including treaty rights, which may cover title over significant areas of land. These rights must be considered when developing or financing a natural resource, mining, energy, or real estate projects, or any project requiring government permits or approvals. Download Chapter 20

Every business operating in Canada should understand the strategic benefits of working with the government. Canada is a federation with 10 provinces and three territories. The Constitution divides powers between the federal parliament and the provincial legislatures. Download Chapter 21

Increased scrutiny and expectations for government transparency make it crucial for businesses to comply with ethics and transparency rules, as well as political laws. This helps mitigate reputational risks and protect current and future business opportunities. Download Chapter 22

“National security” is not specifically defined in Canadian law. Practically, it refers to any action or event that could significantly affect the health, safety, security, or economic wellbeing of Canadians, or the effective functioning of Canada’s governments. Download Chapter 23

ESG considerations are increasingly important and central to business strategy in Canada. Companies are expected to adopt a strategy that addresses investor concerns about ESG issues and to clearly communicate their ESG initiatives in capital market disclosures. Download Chapter 24

Canadian real estate is primarily governed by provincial laws. Provinces delegate specific powers to municipalities, such as controlling land use, development, building permits and related health and safety matters. Real estate is also subject to federal laws. Download Chapter 25

Canada has a well-developed life sciences sector with a robust regulatory framework overseen by both federal and provincial governments. The federal government regulates the safety and efficacy of health products throughout their life cycle, while the provinces and territories handle general healthcare legislation. Download Chapter 26

In Canada, agribusiness includes all the steps a commodity goes through to reach the consumer. A major element of agribusiness is the agrifood industry, which has several subsectors: agriculture, fisheries and aquaculture, as well as food and beverage processing and distribution. Download Chapter 27

When the Cannabis Act came into force on October 17, 2018, Canada became the second country in the world to legalize the sale, possession and use of cannabis for recreational purposes, following the legalization of medical-use cannabis about twenty years earlier. Download Chapter 28

Si vous envisagez le Canada dans le cadre de votre stratégie commerciale internationale, vous aurez besoin des informations juridiques nécessaires dans ce guide complet destiné aux entreprises américaines et étrangères.