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flag Canada Canada: Operating a Business

Legal Forms of Companies | The Active Population in Figures | Working Conditions | The Cost of Labor | Management of Human Resources

Legal Forms of Companies

Types of Companies and Capital (Max/Min) Number of Partners/Shareholders and Liability
One man business.
 
No minimum capital.
1 person.
 
Liable for all debts and obligations.
Partnership
 
Personal investment
2 persons or more
 
Personally liable for all the debts and obligations of the company.
Limited liability partnership
 
Personal investment
2 persons and more
 
Unlimited for general partners and limited for limited partners
A Corporation is a private joint-stock company identified by Ltd or Inc or Co. Public or Private.
 
No minimum capital
One or more
 
Limited to share capital for all shareholders
State owned company, the shares are public
 
No minimum capital.
Investing partners
 
Limited liability. Not liable for the debts, obligations or acts of the company..
Private company majority of shareholders Canadian
 
No minimum capital.
No minimum.
 
Limited liability. Not liable for the debts, obligations or acts of the company. Cannot sell shares or securities to the general public.
Cooperative
 
No minimum capital.
Managed by members
 
Limited liability.
Limited partnership
 
No minimum
persons financially involved
 
The liability of the silent partner to the company and creditors is limited to the amount of capital he invested.
 
Enterprises Federation
Canada Business
Businessman Information
Search a Company or a Financial Report
COCANADA
 

Business Setup Procedures

Setting Up a Company Canada OECD
Procedures (number) 1.00 5.60
Time (days) 5.00 13.80

Source: Doing Business.

 
For Further Information
Consult Doing Business Website, to know about procedures to start a Business in Canada.
Canada Business
The Competent Organization
Registering a company can be done through the office of a notary or a lawyer. Each province has a provincial or regional office to make registering easier. Numbered companies are registered within 10 days. In Quebec this is the department of the Enterprise Registrar.
 

Recovery Procedures

Principle
Going into receivership is possible when it is not possible to pay creditors all they are owed. First, it is advisable to call on a trustee. He will present an offer proposal to the company's creditors. Presenting a proposal stops all the legal procedures started or envisaged by ordinary creditors. It gives the company a certain leeway, allowing it to discuss its financial situation.
For further information about bankruptcy, consult the Office of the Superintendent of Bankruptcy Canada
Minimum Debt-to-Capital Ratio Triggering Liquidation
Proof of insolvency must be established by a trustee. See the database of the office of trustees.
Bankruptcy Laws
Bankruptcy and Insolvency Act.
Reorganization and Rehabilitation Laws
Act C-12, the act amending the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Programme Act and chapter 47 of the Statutes of Canada (2005), received royal approval on 14 December 2007. The date of enforcement has not yet been decided.
To see a summary of changes in legislation, click here.

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The Active Population in Figures

2010
Labor Force 18,590,000

Source: CIA - The world factbook

 
20092010
Total activity rate -67.80%
Men activity rate 73.00%-
Women activity rate 62.70%-

Source: UN - United Nations

 
Employed Persons, by Occupation (% of Total Labor Force)
Management 10.4%
Business, finance and administration 17.5%
Natural and applied sciences and similar professions 6.4%
Health sector 5.2%
Social sciences, teaching, public adminstration and religion 6.8%
Arts, culture, sport and leisure 2.8%
Sales and services 24.5%
Trades, transport and machinery 14.1%
Professions proper to the primary sector 4.3%
Processing, manufacturing and public services 7.7%

Source: Statistics Canada

 
For Further Statistics
Statistics Canada
For Further Information About the Labor Market
Quebec Ministry of Labour
Ontario Ministry of Labour

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Working Conditions

Opening Hours
 
  • Legal Weekly Duration
40 or 48 hours according to the province
  • Maximum Duration
There is no maximum. On the other hand, there is a minimum of 3 hours a day. An employer who brings in a worker must pay him for 3 hours even if he only works one hour.
  • Night Hours
4 pm to 8 am
Working Rest Day
24 to 48 hours
Paid Annual Vacation
4% of salary from the 1st to the 5th year of work, and 6% after the 5th year except for the clothing industry where it is 4% for less than a year, 6% for 1 to 3 years, 8% for 3 years or more.
The equivalent number of days is as follows: 1 year's work = 5 days paid. 2nd to 5th year = 2 weeks paid. 5 years and more = 3 weeks.
Retirement Age
In Canada, the labor laws do not specify the age of retirement for workers, except in the case of certain professions such as the military, judges and firemen.
Child Labor and Minimum Age For Employment
The working age may vary according to the province. Several provinces have set the age at 18 or after the end of secondary studies. Some provinces have more flexible laws and the age is determined by the type of work and the number of hours a day.
Informal Labor Market
In 2004, "moonlighting" corresponded to about 5% of the volume of paid work and it is growing each year in spite of public awareness campaigns.

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The Cost of Labor

Pay

Minimum Wage
The minimum wage in Quebec is 8.20 CAD/hour, and 8.25 CAD for the clothing industry and 7.25 CAD for workers who receive tips. In Ontario, the minimum wage is 8.75 CAD. In British Columbia 6 CAD/hour for a first job and 8 CAD for a 2nd job.
Average Wage
CAD 38,998 per year.
Other Forms of Pay
  • Pay For Overtime
In Quebec the rate stays the same, unless there is a prior agreement.
In Ontario, over 44 hours a week, each hour worked is paid 1.5 times more.
  • Pay For Rest Days Worked
Public holidays are paid double.
  • Pay For Night Hours
idem
  • Pay For Overtime at Night
idem
 

Social Security Costs

The Areas Covered
Employment insurance, health insurance, pensions.
Contributions
Contributions Paid By the Employer: Employment insurance EI (1.4% up to 584 USD in Quebec and 720 USD for the other provinces), Health insurance RAMQ (2.7%), Canada Pension Plan CPP - QPP (4.95%), Quebec Parental Insurance Plan RQAP (0.583% for the employer).
The rate of health insurance varies according to the province.
Contributions Paid By the Employee: Employment insurance EI (1.46% up to 584 USD in Quebec and 720 USD for the other provinces), Canada Pension Plan CPP - QPP (4.95%), Quebec Parental Insurance Plan RQAP (0.416%)
The rate of health insurance varies according to the province.
Competent Organization
Revenu Québec (Quebec Revenue Agency)
Canada Revenue Agency
Health Insurance Quebec
Ontario Department of Health
Health Insurance British Columbia
New Brunswick Department of Health

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Management of Human Resources

 

Recruitment

Method of Recruitment
Companies still use adverts in newspapers or employment agencies or search engines specialized in job offers. On the other hand, applications are made more and more by Internet or fax, and there is often a first interview over the telephone followed by a face to face meeting.
Recruitment Agencies
The Canada Job Bank and the Quebec employment centres are the official agencies.
Recruitment Websites
Jobboom
Jobaction
Monster
Beljob
Aide Emploi
Workopolis
 

The Contract

Type of Contract
Work contracts are governed by law. Collective agreements and individual negotiation supplement it.
The formalities of the work contract, hiring conditions and dismissal constraints are rigid.
Breach of Contracts
 
  • Retirement
There are several ways of retiring: early retirement, automatic retirement and official retirement.
  • Dismissals
The employer initiates dismissals for different reasons:
- redundancy is either individual or mass redundancy
- dismissal for professional misconduct, lack of work, seasonal work
  • Other Possible Methods
Resignation; this is initiated by the employee. On the other hand, he does not receive any severance pay.
Labor Laws
Service Canada, Employment
Labour legislation, on Human Resources and Social Development Canada
Labour Code - Compliance Policy
 

Dispute Settlement

 

Conciliation Process

Cases of Dispute
Working conditions, unfair dismissal, sexual and moral harassment, verbal violence, physical violence
  • Legal Framework
When there is a dispute or a disagreement, the parties first try to come to an amicable agreement. If, however, they cannot come to an agreement, the worker must lodge a complaint with the Department of Human Resources. According to the complaint, the Minister can appoint an inspector who carries out an investigation. The Minister assesses, authorizes the settlement and the sentences to be served by the party in the wrong. The party in the wrong does have, however, a right of appeal to have the case reviewed within a precise time limit.
For further information, see the Canada Labour Code.
  • Procedure
Canada Labour Code
 

Judicial Structures

  • Legal Framework
Canada Labour Code.
  • Competent Legal Body
See the Canada Labour Code.
 

Social Partners

Social Dialogue and Involvement of Social Partners
The labour organizations and trade unions are very strong and well structured in Canada. Quebec is the most unionized province.
Unionization Rate
22.9 % of part-time workers, 31.2% of full-time workers, 30.2 % of permanent workers, 25.8 % of non-permanent workers. These rates have dropped in companies of less than 20 employees and in those of 100 to 500 employees. On the other hand, they have risen in establishments of more than 500 employees and those of 20 to 99 employees.
Unions
FTQ - Quebec workers federation
CSN - Canada national federation of labour organizations and trade unions
CLC-CTC - Canadian Labour Congress
NUPGE - National Union of Public and General Employees
TCA-CAW - Canada Automobile Workers Union
CUPE - Canadian Union of Public Employees
Regulation Bodies
Human Resources and Social Development Canada

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Learn more about Operating a Business in Canada on Globaltrade.net, the Directory for International Trade Services.
 

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Last Updates: January 2012

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