doing business in canada - Davies Ward Phillips & Vineberg LLP

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Canada tends to look to the United States rather than Europe for its regulatory models. For example, Canadiansecurities laws evolve in response to developments in the United States.Canada's courts of general jurisdiction are provincially administered, but the Supreme Court of Canada acts as acourt of final appeal for all of Canada. Although Canada also has a federal court system, its jurisdiction is verylimited compared with federal courts in the United States. The Canadian Federal Courts System deals primarilywith matters arising under Canadian federal statutes and claims against the federal government. Although alljudges of provincial superior courts in Canada, and Federal Court and Supreme Court judges, are appointed bythe federal government, the independence of the judiciary is well-established and courts are not subjected topolitical interference or influence. Each province also has lower courts presided over by provincially-appointedjudges who hear cases of less importance.ECONOMIC SYSTEMCanada is an affluent, high-tech industrial society with a market-oriented economic system and high livingstandards. Since World War II, the impressive growth of the manufacturing, mining, and service sectors hastransformed the nation from a largely rural economy into one primarily industrial and urban. The 1989 U.S.-Canada Free Trade Agreement ("FTA") and the 1994 North American Free Trade Agreement ("NAFTA") (whichincludes Mexico) touched off a dramatic increase in trade and economic integration with the United States.Given its natural resources, skilled labour force, stable political and economic systems, and modern capitalinfrastructure, Canada enjoys solid economic prospects.Canada also has free trade agreements with countries, such as Costa Rica, Chile and Israel. In 2008, Canadasigned three free trade agreements with the European Free Trade Association, which includes Iceland, Norway,Switzerland and Liechtenstein, Peru and Colombia.The exchange rate of the Canadian dollar is allowed to float in relation to other currencies. Canada's centralbank, the Bank of Canada, sets key interest rates, in practice, independently of the federal government.According to the World Economic Forum Global Enabling Trade Report 2010, Canada ranks eighth among 125countries and leads the G-7 in effectiveness of market access, that combines factors such as borderadministration, transport, communications infrastructure and business environment, to further the efficient flowof goods over borders and to their final destination.Canada offers many advantages as a place to do business:• Canada has the lowest business costs in the G7.(KPMG's Competitive Alternatives 2010)• Canada has the lowest tax rates in the G7.(KPMG’s Competitive Alternatives 2010 Special Report: Focus on Tax)• Canada ranks first among the G-7 and second among OECD countries for the lowest number ofprocedures, costs and time required to establish a new business.(Doing Business in 2010 - The World Bank Group)• Canada's overall economic competitiveness is ranked seventh in the world and second in the G7.(The International Institute of Management Development's World Competitiveness Yearbook 2010)• Canada ranks ninth in the world in terms of its capability for future economic growth.(The World Economic Forum's Global Competitiveness Report 2009-2010)Introduction 3
5RealEstateIndustrial and Intellectual Property 22
Page 1 and 2: DOING BUSINESSIN CANADAYOUR COMPLET
Page 3 and 4: ONTENTSTABLE OF CONTENTSINTRODUCTIO
Page 5: IntroductionPOLITICAL AND CONSTITUT
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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