In Qubec, an attorney for service is required when the corporation applying for registration does not have a head office address or an establishment in the province. Doing a business search in a directory or register You can consult various directories and registers to find businesses in Qubec: If you want to do business in all of Canada, you must make special provisions for working with their unique laws. Qubecs income tax regime for businesses is governed by the Taxation Act (Qubec) (QTA) and its regulations, and its sales tax regime is established under the Act respecting the Qubec sales tax (AQST) and other laws of the province of Qubec. After two years of service, an employer cannot terminate the employee without good and sufficient cause. In the event of such a dismissal, or of a constructive dismissal, the, order the employer to reinstate the employee, order the employer to pay to the employee an indemnity up to a maximum equivalent to the wages he or she would normally have earned had he or she not been dismissed, render any other decision it believes to be fair and reasonable, taking into account all the circumstances of the matter. Montreal has established geographic concentrations of interconnected companies and institutions in a particular industry, called clusters. Qubec has strong consumer protection laws, including rules that make it unlawful to include certain clauses in contractswith consumers and strong consumer warranties. Such low rates in Canada were striking in comparison to the past U.S. average combined effective federal and Maine state rate of over 43%. These properties also distinguish Qubec from certain foreign jurisdictions, where any issuance of shares requires both shareholder approval at a duly convened meeting and the blocking of corporate funds with a notary prior to any capital increase. The Department of State Office of Commercial and Business Affairs (CBA) plays a major role in coordinating trade and investment matters to support U.S. firms doing business overseas. The American Chamber of Commerce in Canada, Quebec Chapter serves as a first point of contact for U.S. and Canadian companies wishing to conduct business across the border and can provide a wide range of network contacts and resources in Quebec and Canada. U.S. Mission to Canada Funding Opportunities. I'm not licensed to practice Law in Quebec. It increased to $11.25 on May 1, 2017 and is expected to continue to rise as follows: $11.75 in 2018, $12.10 in 2019, and $12.45 in 2020. At that point, your business corporation is constituted. Qubec is Canadas largest province by area and its second most populous province. Quebec Gov Fees: $331 Quebec NUANS Report: $30 Registered Agent Service: Not Included. Invest Quebec has a team of experts on hand to assist businesses thinking of locating to or investing in Quebec. The PST rates differ by province. [1] This means that businesses must inevitably prepare a French version of all their standard or pre-printed contracts, should they intend to use them in Qubec. Aerospace Export regroups experts from all location with all type of skills (sales rep, M&A consultant, lawyers, government officials,..). Companies running contests wholly or partly in Qubec must register the contest with the government, unless the contest is international in scope and not solely directed to participants in Qubec or in Canada generally. This Q&A gives an overview of key recent developments affecting doing business in Canada as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. Employees must be paid at intervals that do not exceed 16 days. As a civil law jurisdiction Quebec has a considerably different legal structure than the rest of North America. Structuring the partnership so that the general partner (with unlimited liability) is a corporation preserves all of the limited liability aspects of the corporate form. One exception to this principle is that employers with 20 or more employees in Qubec who have at least one year of continuous service and who do not have access to a registered pension plan, group retirement savings plan or group tax-free savings account are now required to enroll these employees in a voluntary retirement savings plan (VRSP). The fines are doubled for a subsequent offence. The regular work week is 40 hours. If you want to develop a business project in Qubec, you have two options: First option: Settle in Qubec to create and run an innovative business for which you have received an offer of service from a business accelerator, business incubator or university entrepreneurship centre. The CCQ also provides that a choice of law clause in an employment contract may be unenforceable if it ends up depriving the worker of the protection to which he or she is entitled under the mandatory provisions of the law of the country where the worker habitually carries on his or her work. Read the full statement released by the World Bank Group on the Doing Business report. Most notably, standard-form contracts face stricter requirements. (You do have to register your corporation in the other province, though. 1. We have built our reputation on our commitment to our clients' success and the experience, expertise and collaborative approach for which we are recognized. Second, a corporation may, by a unanimous resolution of the shareholders, validate any irregular issuance of shares that exceeds the corporations authorized share capital. This means that common law trademarks composed of words in any language other than French are no longer acceptable for public display. You simply have to enter a query in a search engine, specifying the field or area of activity, city, etc. However, it is important to note that the residency requirement under the CBCA extends to quorum generally speaking, at least 25% of the directors present at a meeting must be Canadian residents for the board to be able to transact any business. The provisions of the Civil Code of Qubec (CCQ) with respect to limited partnerships are similar to comparable statutes in other Canadian provinces and in various states in the U.S. The Consulate works with U.S. companies to support them in establishing and expanding their presence in the Quebec market. Ontario goes one step further in encouraging you to start doing business there. Employers in Canada are not required by law to provide their employees with pension and group insurance benefits. It encompasses employees who perform work both within and outside of Qubec for an employer whose undertaking is in Qubec. In light of these judgments, the OQLF made regulatory amendments that came into force on November 24, 2016. One week we have an influx of wrongful dismissal claims, like the week after the Ghomeshi allegations started, and another week, like one a few weeks back, clients are contracting with businesses in Quebec. The Government of Quebecs portrait of the provincial economy provides information on the regions economic conditions and relevant ministries and government agencies. You liquidate a corporation or a partnership. The advent of the QBCA brought with it the possibility of continuance; that is, corporations constituted under foreign laws, such as the CBCA or the corporate statutes of other Canadian provinces or territories, may now be continued as corporations under the QBCA, all with relative ease. Doing Business in Alberta Competitive Corporate Taxes Alberta has one of the most competitive business tax environments in North America. Foreign company doing business in Quebec. Ambassador to Canada David L. Cohen on Canada Day, Ambassador Cohen: A brief reflection on the year that was and looking forward to a promising year ahead, American Chamber of Commerce in Canada, Quebec Chapter, Office of Commercial and Business Affairs. Companies running contests wholly or partly in Qubec must register the contest with the government, unless the contest is international in scope and not solely directed to participants in Qubec or in Canada generally. The legislation contains a number of significant employment standards provisions: Qubec has recently introduced an employment standard relating to retirement savings. In all the other provinces, the Canada Revenue Agency (CRA) administers the GST and HST. Participation of a non-resident in a partnership or joint venture directly (for foreign tax or other reasons) is generally equivalent to operating through a branch in Qubec. We made a list of the most important aspects to consider while doing. We can provide practical advice, market intelligence, and introduce you to useful contacts. -Language: Canada's official languages are English and french. Second, the CCQ governs franchising through its provisions relating to contracts of adhesion. A contract of adhesion is a contract in which the essential stipulations were imposed or drafted by one of the parties and were non-negotiable. Employment application forms, order forms, invoices, receipts, catalogues, brochures and other similar, consumer-facing documents must be produced in French or in a bilingual version. Our Doing business in Quebec publication provides a general overview of the primary corporate, labour/employment, consumer protection and privacy legislation that is applicable as well as tax considerations pertinent to any foreign businesses wishing to acquire or establish a business in the province of Quebec. Ambassador to Canada David L. Cohen welcomes Greater Philadelphia Trade Delegation to Ottawa, Statement from U.S. One of the parties can always terminate the contract, without prior notice, for a serious reason. The Montreal and Quebec economy, within this context, has developed expertise in various fields like aerospace, multimedia and information technologies, natural resources, clean technologies, energy, the pharmaceutical industry, logistics and transport, finance, and biotechnologies. Thus, such agreements must be drafted in clear language and any ambiguity will be interpreted in favour of the franchisee. Osler is a leading business law firm practising internationally from offices across Canada and in New York. In order to carry out any type of work, a contractor must obtain a construction licence issued by the Rgie du btiment du Qubec. By: Christopher Chiavatti (IP Lawyer) & Greg Parth (Summer Student). If you continue to use this site we will assume that you are happy with it. To the extent that franchise agreements fit this definition, they are subject to certain legislative checks imposed to protect the adhering party, in this case the franchisee. This rule does not apply to an employee remunerated at a rate of pay which is more than twice the rate of the minimum wage. When doing business in Quebec, there are several language solutions you can implement. If the physical location of your business is in Quebec, you have to file your returns with Revenu Qubec using its forms, unless you are a person that is an SLFI for GST/HST or Quebec sales tax (QST) purposes or both. To operate under a . However, certain requirements must be met when doing business in Qubec. Author(s): These requirements will not come into effect until June 1, 2025. And, Ontario has just proposed a provincial new privacy law similar to Bill 64, which, if enacted, means that over 60% of Canada's . This new rule also applies to contracts that are partly negotiable, but that nevertheless contain non-negotiable boilerplate clauses (clauses-types in French). In particular, the foreign corporation would be subject to branch tax and could also be subject to withholding taxes in respect of certain payments that it receives from Canadian taxpayers. Our Doing business in Quebec publication provides a general overview of the primary corporate, labour/employment, consumer protection and privacy legislation that is applicable as well as tax considerations pertinent to any foreign businesses wishing to acquire or establish a business in the province of Quebec. Industry experts offer businesses strategic and operational advice, financial and tax programs, international mobility services, industry advice, economic data, and network access. Franais. What You Need to Know About Doing Business in French in Quebec - Bill 101 | LAT. Such restrictions do not exist for QBCA corporations. business in that country. This usefull guide covers a wide span of topics regarding business operation in Qubec, including: Creating a business This permissive regulation contrasts sharply with the CBCA, which requires that at least 25% of a corporations directors be Canadian residents. Limited partnerships are commonly used for investment purposes to allow limited partners to benefit from the transparency of the partnership for tax purposes and to benefit indirectly from tax deductions, all while retaining their limited liability. Effective January 1, 2018, this requirement will also apply to employers with 10 to 19 employees in Qubec. Though employers cannot guarantee that there will never be episodes of psychological harassment within their enterprise, they must (i) prevent any situation of psychological harassment through reasonable means and (ii) act to put an end to any psychological harassment as soon as they are made aware of it, by applying the appropriate measures, including any necessary sanctions. Taking place March 14-15, 2016 at the Hotel Bonaventure in Montreal, this one-of-a-kind event has been designed to provide the critical information you need to conduct business in Quebec including: business laws and regulations, available research and development . Closing Your Business. Limited partnerships should not be confused with limited liability partnerships (LLPs). There are several methods for entering into Quebec: Master franchise agreement. An enterprise in Qubec which employs more than 50 employees must register with the OQLF. Qubec's legal system is much closer to the French civil law system. Lower Corporate Taxes. Doing Business in Qubec? Under the amendments, businesses are still able to use and display recognized trademarks in English, provided that a French version has not been registered. Commercial specialistscan help you identify trade opportunities, find Canadian trading partners, launch your company and obtain market research reports. A corporations shareholders elect its board members, who in turn appoint the chair and the corporations officers, including the president of the company. If the prejudiced party prefers that the contract be maintained despite the violation, it may ask for a reduction of its obligations.[5]. Public signs, posters and commercial advertising may also be bilingual, provided that the French translation is markedly predominant. However, large billboards or signs that are visible from any part of a public highway must be exclusively in French, unless they are displayed on the firms premises. Language Politics: Doing Business in Quebec Language is not one of those fundamental rights with which Americans are familiar. Get a Quote 1-866-936-3833. Montreal International (MI) was created in 1996 to stimulate Montreals international economy. If a nonresident holds its partnership or joint venture interest through a subsidiary incorporated in Qubec, the tax considerations noted above for subsidiaries are relevant. English. The Department of State Office of Commercial and Business Affairs (CBA) plays a major role in coordinating trade and investment matters to support U.S. firms doing business overseas. Make Sure You Comply with Its New French Language Laws, Limitations on Acquisition of Canadian Real Estate, Relief from Prospectus Requirement for Listed Issuers. The reverse also holds true. Under Quebec contract laws, a contract must have a cause. Doing Business in Canada. Montreal, Vancouver, and Windsor are all within a short distance. Use of a branch operation in Qubec requires registration with Qubecs Registraire des entreprises (Enterprise Registrar) and, if it operates in other Canadian provinces or territories, an application in each of those jurisdictions for extra-provincial registration is required. Home Properties La Collection RE/MAX RE/MAX Commercial Brokers Agencies Infos Regions Blog Programs Careers Contact us Mon RE/MAX RE/MAX Global . Traditionally, such a clause was virtually the only French provision in the contract. Equal rates or wages have to be paid for the same tasks. Make Sure You Comply with Its New French Language Laws With the recent adoption of Bill 96 (An Act respecting French, the official and common language of Qubec), companies doing business in Qubec should review their products and services to ensure compliance with the province's new language requirements. U.S. Citizens with emergencies, please call: 613-238-5335, Outside of Office Hours, contact: 613-238-5335. Businesses will face a minimum fine of $3,000 and a maximum fine of $30,000. The Qubec Code includes issues that are dealt with in Qubec under other legislation, such as An Act respecting labour standards (Qubec) or An Act respecting occupational health and safety (Qubec). It's interesting in the practice of Business Law how things go in waves. Among the numerous changes brought forward by Bill 96 to the Charter of the French Language, Qubecs principal language law, the two that are most likely to impact an out-of-province or foreign companys business in Qubec are examined below. All legal matters dealing with business and personal relations are set out in the Civil Code of Quebec. Its enactment introduced important changes to the way business is done in Qubec, which distinguish it from other jurisdictions and demonstrate the provinces commitment to being a business-oriented jurisdiction. Most notably, standard-form contracts face stricter requirements. For example, you can have a company incorporated under the federal laws of Canada or any Canadian provincial law. Our Quebec business registration package is our full start-up service for all corporations looking to carry on an activity or operate an enterprise in Quebec. This solution allows for a direct translation of packaging, websites, software, and more - allowing consumers to comprehend your products or services. The OQLF considers that a firm maintaining an address in Qubec or conducting business in Qubec by soliciting Qubec residents is carrying on business in Qubec and, therefore, is subject to the Charter. Similarly, a French version of all documents accompanying a contract of adhesion should also be prepared, as such documents must be provided in French, if the consent above is not obtained. Under the CCQ, either party to an employment contract with an indeterminate term may terminate the contract, subject to reasonable prior notice. Employers are prohibited from dismissing, laying off, demoting or transferring an employee for the sole reason that he or she is exclusively French-speaking. This can occasionally lead to confusion when the same expressions have different meanings in Qubec than in France or the rest of the Francophonie. Employers in Quebec are responsible for ensuring that all written communications to employees are in French. Sale or concession of the whole or part of a business does not invalidate a claim arising from the application of the Act; the former employer and new employer are bound solidarily (i.e., jointly and severally). In Quebec, this means you must file a "Dclaration d'immatriculation . Blake, Cassels & Graydon LLP . Standard-form contracts are frequently used by businesses, and particularly for consumer services, software licenses, website terms of use, and employment. Further, external clauses that were not expressly brought to the attention of the franchisee before signing risk being found null in Qubec courts. A firms name should not be confused with a firms trademark; the latter is not required to have a French version. In many ways, Qubec occupies a unique position at the intersection between North American business practices and the French language. The sufficient presence of French must also have permanent visibility and legibility in the same visual field as the English trademark. This is the official website of the U.S. Embassy and Consulates in Canada. Osler is a leading business law firm practising internationally from offices across Canada and in New York. The Registraire constitutes the corporation, registers it and assigns it a Qubec Enterprise Number (NEQ). You declare bankruptcy. Finally, a majority of directors in office constitutes a quorum at any meeting of the board, and a quorum of directors may exercise all the powers of the directors. The business or corporate name under which the Qubec registration is to be granted must be approved by the Registraire des entreprises and comply with the Charter of the French Language (see The Charter of the French Language, below). Ensure that your agreements, warranties and policies (including policies applicable to consumer warranties) are localized, taking into account the Civil Code of Qubec, Qubecs consumer protection laws, and the Charter of the French Language. The Act respecting the legal publicity of enterprises and the Charter require companies carrying on business in Qubec to have a firm name in French. A detailed partnership agreement is customary in the case of a partnership, in part to avoid certain legislative provisions that would otherwise apply. The Government of Alberta's general corporate income tax rate is 12 percent and the Government of Canada rate is 15 percent. A business that violates French-language requirements for three days could be fined up to $30,000 on the first day, $60,000 on the second day, and $90,000 on the third day. Labour standards contained in the Labour Standards Act and its regulations are mandatory. Then, the Registraire deposits the articles of constitution, the accompanying documents and the certificate of constitution in the enterprise register. Our clients include industry and business leaders in all segments of the market and at various stages in the growth of their businesses. In order to comply with tax laws, you should include the following information on your invoices to customers in Quebec: Your business' name and address Your business' QST number Invoice date Invoice sequencing number Buyer's name and address Buyer's QST number. The average combined tax rate in Canada was around 32% for a business in Ontario back then. Thus, a Qubec corporation may have a board consisting entirely of foreign directors. A simple filing is necessary and the corporation must be registered with various tax and other government bodies. A judge may also, upon request, impose an additional fine equal to the financial gain realized. The francization program includes managerial staff and the OQLF considers the total number of employees who are located in Qubec, even those who may be located at different locations within the province. A business can also have a name in English or another language, but there are special rules about when and how a non-French name can be used. Invest Quebec has a team of experts on hand to assist businesses thinking of locating to or investing in Quebec. The Charter establishes French as the official language of Qubec and governs the use of the French language in a broad range of activities. MI works to attract and retain foreign investments and international organizations in the Greater Montreal Area. As a result, it is possible for the franchisor who, for instance, is also a manufacturer, to be held liable for defective goods sold by its franchisee. Alison Jeffrey. in which you would like to work. To learn more, visit the website of the Office qubcois de la langue franaise (Office) (in French only). The QBCA, which came into effect in 2011 and modernized Qubecs corporate laws, applies to all businesses incorporated under Qubec law. A contract of adhesion is a contract in which the essential stipulations are imposed or drawn up by one of the parties, on the partys behalf or upon the partys instructions, and are non-negotiable. If you're incorporated in Quebec and want to do business in Ontario, just register your corporation in Ontario . Some provinces and territories, such as Qubec, require that an agent for service or attorney for service be appointed in that province or territory for registration purposes. The notice period is eight weeks when the number of employees concerned is between 10 and 99, 12 weeks for 100 to 299 employees, and 16 weeks for 300 employees and over. However, these amounts will double for a second offence and triple for third and subsequent offences. No approvals are required, although there are tax rules that should be considered. Previously, all recognized trademarks could be used on their own, as long as no French counterpart was registered under the Trademarks Act. Doing Business in Qubec : What Retailers Need to Know The particularities of Qubec are often complex and can vary depending on the nature of your activities and your situation, whether it involves language requirements, labour standards or applicable taxes, to name but a few. (This would not be possible in the case of a partnership.) The new law delineates the circumstances when English is a permitted option. A foreign corporation may also do business in Qubec through a Qubec subsidiary. It just means your tax liability will be to the federal government and your home province. However, trademark users will want plenty of time to get their trademarks through the application and registration process. The benefits of doing business with a broker. This includes paying duties, posting security, and reporting the list of winners. Mergers, Acquisitions, and Sales Transactions, Representation for Foreign Private Investors, Foreign Judgements and Awards Enforcements, Foreign Companies Doing Business in Canada. As a result of this hybrid formation, LLPs do not have general partners and individual partners retain liability for their respective acts and omissions. Businesses can benefit from Invest Quebecs in-depth knowledge of the area, contacts with strategic business and governmental partners and help with financing. However, the Qubec legislature extended job protection measures to employees with two or more years of uninterrupted service. These clusters are a valuable resource in collaborating with suppliers, manufacturers, and academic institutions. This includes paying duties, posting security, and reporting the list of winners. 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