doing business in canada - Davies Ward Phillips & Vineberg LLP

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At Davies, we focus on the matters that are the mostimportant to our clients, in Canada and around the world.The more complex the challenge, the better.Our strength is our people, who blend proven experience,deep legal expertise and business sensibility to generatethe outcomes you need.We measure our achievements by one simple standard:Your success.TORONTOMONTRÉALNEW YORKDAVIES WARD PHILLIPS & VINEBERG LLP1 FIRST CANADIAN PLACE, 44 TH FLOORTORONTO ON CANADA M5X 1B1DAVIES WARD PHILLIPS & VINEBERG LLP1501 MCGILL COLLEGE AVENUE, 26 TH FLOORMONTRÉAL QC CANADA H3A 3N9DAVIES WARD PHILLIPS & VINEBERG LLP625 MADISON AVENUE, 12 TH FLOORNEW YORK NY U.S.A. 10022TELEPHONE: 416.863.0900FAX: 416.863.0871TELEPHONE: 514.841.6400FAX: 514.841.6499TELEPHONE: 212.588.5500FAX: 212.308.0132
ONTENTSTABLE OF CONTENTSINTRODUCTION 1REAL ESTATE 5ENVIRONMENTAL LAW 11TYPES OF BUSINESS ORGANIZATION 17FINANCING A BUSINESS OPERATION 25CORPORATE GOVERNANCE 29COMPETITION LAW 33FOREIGN INVESTMENT 39INDUSTRIAL AND INTELLECTUAL PROPERTY 47EMPLOYMENT LAW 55RETIREMENT PLANS, EMPLOYEE BENEFITS ANDEQUITY-BASED INCENTIVE AND SAVINGS PLANS63TEMPORARY ENTRY AND PERMANENT RESIDENCE 67BANKRUPTCY AND INSOLVENCY PROCEEDINGS 73TAX CONSIDERATIONS 79Table of Contentsiii
Page 1: DOING BUSINESSIN CANADAYOUR COMPLET
Page 5 and 6: IntroductionPOLITICAL AND CONSTITUT
Page 7 and 8: 5RealEstateIndustrial and Intellect
Page 9 and 10: accordance with directions from the
Page 11 and 12: TITLE INSURANCE, TITLE OPINIONS AND
Page 13 and 14: 11EnvironmentalLawIndustrial and In
Page 15 and 16: commercial activities, or carrying
Page 17 and 18: The federal government currently re
Page 19 and 20: 17Types ofBusiness OrganizationIndu
Page 21 and 22: provincial law cannot do so as of r
Page 23 and 24: partnership, limited partners’ li
Page 25 and 26: parties. In Québec, joint venturer
Page 27 and 28: 25Financing aBusiness OperationIndu
Page 29 and 30: The Civil Code of Québec provides
Page 31 and 32: 29CorporateGovernanceIndustrial and
Page 33 and 34: Instrument 58-101. The practices re
Page 35 and 36: 33CompetitionLawIndustrial and Inte
Page 37 and 38: BID-RIGGINGBid rigging is any agree
Page 39 and 40: anticompetitive agreements among co
Page 41 and 42: 39ForeignInvestmentIndustrial and I
Page 43 and 44: apply for Canadian citizenship. (Pe
Page 45 and 46: (D)GENERAL REVIEW THRESHOLDSThe fol
Page 47 and 48: there be an "acquisition of control
Page 49 and 50: Industrial and Intellectual Propert
Page 51 and 52: to perform or cause them to be perf
Page 53 and 54:
Registration grants an exclusive ri
Page 55 and 56:
PIPEDA applies in all provinces of
Page 57 and 58:
Employment LawCanadian employment l
Page 59 and 60:
displacement, laying-off, suspensio
Page 61 and 62:
easonable cause to believe that the
Page 63 and 64:
63Retirement Plans, EmployeeBenefit
Page 65 and 66:
• funding;• eligibility;• pen
Page 67 and 68:
67Temporary Entry andPermanent Resi
Page 69 and 70:
INTERNATIONAL AGREEMENTSIn recent y
Page 71 and 72:
immigrant in another class, he or s
Page 73 and 74:
73Bankruptcy andInsolvency Proceedi
Page 75 and 76:
BANKRUPTCYBankruptcy results in the
Page 77 and 78:
INTERNATIONAL BANKRUPTCYASSETS LOCA
Page 79 and 80:
Tax ConsiderationsThis chapter prov
Page 81 and 82:
TAX REPORTINGAnnual Tax ReturnsCana
Page 83 and 84:
Québec has legislation that limits
Page 85 and 86:
Amendments, SIFTs and their unithol
Page 87 and 88:
Conversely, where a Canadian reside
Page 89 and 90:
A person, whether resident in Canad
Page 91 and 92:
APPENDIX I: CANADA’S IN FORCE TAX
Page 93:
TORONTODAVIES WARD PHILLIPS & VINEB
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