Starting a Business in a First Nation Community

1.  The Business Plan

A business plan is a written document outlining the overall activities of your business. It describes what you intend to accomplish and how you plan to organize your resources in order to meet your goals.

A well-written business plan is crucial for a successful business and will encourage you, the entrepreneur, to be realistic. It will help identify your customers, your market area, your pricing strategy and the competitive conditions under which you must operate to succeed. You will also need a well-organized business plan if you are to attract investors, obtain financing or preserve the confidence of your creditors.

Your management abilities will surface when you commit your plans to paper. The business plan will become your road map to operate your business and measure progress along the way. It should be written in such a way that it could be used as a working tool to continue guiding you throughout your business venture.

Writing and assembling a business plan will take a lot of time and research  It has to be done when you first start your business and updated regularly to keep up with the development of your business. It is a living, growing plan that is flexible and can track and respond to change. This working document can be produced with the assistance of outside advisers but remember, it's your working document and it must reflect your ideas. The plan should become part of your management routine.

1.1   Business Plan Guide
The Business Plan Guide is a fact sheet intended to assist entrepreneurs in writing a business plan for the establishment, the purchase or the expansion of an existing business. Please see the document Business Plan Guide for more information on business plan development.

1.2   Interactive Business Planner (IBP )
The Canada Business Service Centres offer an Interactive Business Plan (IBP ), the first business planning software product designed specifically to operate on the World Wide Web. The IBP uses the capabilities of the Internet to assist entrepreneurs in preparing a 3-year business plan for their new or existing business. For additional information, please see the Interactive Business Plan's Web site at: http://www.cbsc.org/ibp/en/index.cfm

1.3  Community Economic Development Officers (CEDO's)
Community Economic Development Officers are located in most First Nation communities to provide advice and support to develop your business plan. Contact your local First Nation band or the Canada / New Brunswick Business Service Centre at 1-800-668-1010 to determine if your community has a CEDO in place to assist you with your business plan.

2.   First Nation Band Policies and Procedures

Band policies and community by-laws may have an impact on the development of your business. It is important to be aware of such things as zoning by-laws and land possession policies, which may differ from community to community. Consult your local First Nation band council to find out what specific existing federal or provincial agreements and local by-laws and policies currently exist within your First Nation community which may affect the operation of your business.

2.1  Community By-laws and Land Usage
The Chief and Council hold the right to develop community by-laws with the power to establish zones in First Nation communities. Zoning by-laws may place restrictions on certain types of development on First Nation land. These zones may restrict the development, in certain locations, of commercial, residential, farming, or manufacturing land development. Community by-laws may include the prohibition of construction or maintenance of any class of buildings or the carrying on of any class of business, trade or calling in any zone.  

Please see section 4.7  of this document and consult your local First Nation band council to find out what specific by-laws may exist in your community.

2.2  Band Council Resolution
A Band Council Resolution is a recorded decision made by a First Nation band council. This decision requires the support of a majority of chief and councilors, at a meeting of the council. A Band Council Resolution is required to pass or approve many decisions made by a First Nation band, including the allotment of land in most First Nation communities.
 
2.3  Certificate of Possession
In order to lawfully be in possession of First Nation land, your band council must allot a portion of land to you. Under section 20.1 of theIndianAct, a certificate of possession can be issued showing an individual's right to possession of land and ownership of property. If you do not have a Certificate of Possession, a Band Council Resolution may be required to obtain one.

2.4  Certificate of Occupation
Where a certificate of possession is withheld, a certificate of occupation may be issued under section 20.5 of the Indian Act. A certificate of occupation entitles an individual to temporary occupation of a piece of First Nation land.

For more information on land occupation rights, consult the following Indian and Northern Affairs Canada Web site:  www.ainc-inac.gc.ca/pr/pub/matr/iob_e.html.

3.  Taxation

3.1  GST/HST and Aboriginal People
April 1, 1997 marked the beginning of the single value-added tax called the Harmonized Sales Tax (HST) for the provinces of New Brunswick , Nova Scotia and Newfoundland and Labrador . The HST combines the provincial retail sales taxes (PST) with the federal Goods and Services Tax (GST). This harmonization is an important development for small business, which have to apply the HST at a single rate of 15% (the 7% federal component plus an 8% provincial component* ). If your worldwide revenues from taxable goods and services are over $30,000 in any four consecutive calendar quarters, you will have to register your business for the HST.

* Effective July 1st, 2006, the rate of the GST has been reduced from 7% to 6% and the rate of the HST from 15% to 14%.

Under section 87 of the Indian Act, the personal property of an Indian or Indian band situated on a reserve and their interests in reserve lands are not subject to tax. This tax-exempt status is statutory and is limited to registered or status Indians, First Nation bands and band empowered entities only. Guidelines taking into consideration the section 87 tax exemption are in place to direct the application of HST by Aboriginal business in New Brunswick .  

For information pertaining to the application of GST/HST and how the section 87 tax exemption contained within theIndian Act may affect your business, contact the Canada Revenue Agency (CRA ) Business Window at1-800-959-5525 or see the following documents:

• Goods and Services Tax and Harmonized Sales Tax - GST/HST
• GST/HST and Indians
• Information for Aboriginal Peoples
  www.cra-arc.gc.ca/aboriginals/menu-e.html
• GST Administrative Policy Application of GST to Indians
  http://www.cra-arc.gc.ca/E/pub/gm/b-039r2/README.html

3.2  Indian Taxation Advisory Board (ITAB)
The Indian Taxation Advisory Board provides advice and assistance to First Nation communities on general tax policy and real property taxation.

For more information visit the Web site at: http://www.itab.ca/english/home/default.asp   or contact:

ITAB- Atlantic Region
David Paul
Telephone:      506- 273-6071
Fax:                 506- 273-4409

4.  Regulations and Licences

Our government is responsible for passing laws and regulations to protect consumers. Businesses in First Nation communities may be required to observe certain laws and regulations depending on the products or services they offer. These laws and regulations may include applying for certain licences designed to protect public safety and meet standards established by government.
 
The issue of First Nation legislative jurisdiction is often a complicated one. Federal, provincial, municipal or band legislation may apply to you depending on the circumstances unique to your business. You are encouraged to contact the appropriate federal, provincial, municipal department and your band council or the  Canada / New Brunswick Business Service Centre in order to help you deal with the complex issue of jurisdiction.

The following are some of the most common requirements affecting businesses in the start-up stage. The extent to which the information will apply to you depends on the circumstances unique to your project.

You may also consult the guide: Jurisdiction Issues to Consider for Operating a Business in a First Nation Community. 

4.1  Business Registration
At the onset of your business, you have to decide on how you will register. You have different options: operating as a sole proprietor, operating as a partnership or incorporating as a corporation. Your business can be incorporated provincially and / or federally. If the business will be operated primarily in one province, then provincial incorporation may be desirable. If the business will be operated in a number of provinces, then federal incorporation may be desirable. If you incorporate federally, to do business in New Brunswick , you must also register with the province.  

For more information on the different types of business registration, see Online Small Business Workshop, session 5 .

Note:  Each form of business registration has its advantages and disadvantages. Before making a decision on the type of registration for your business, you are advised to consult an accountant and / or a lawyer. They will be able to help you decide the type of registration that will best suit your business.  

Provincial registration

Sole Proprietorship
One person performs all the functions required to operate the business successfully. The proprietor is held personally liable for the debts, obligations or acts of the business. The section 87 Indian Act tax exemption will usually apply to a status Indian who registers their business as a proprietorship, and where the business is conducted and located in a First Nation community. The proprietor is said to be self-employed.  

Partnership
Two or more people combine their talents and resources to conduct business. Responsibility for all aspects of the business is usually shared among the partners, regardless of the amount of capital contributed by each individual. Each partner is also responsible for debts incurred by the other partner(s) within the limit of the business. Another form of partnership is a Limited Partnership - a legal partnership where some owners assume responsibility up to the amount invested.  

If the business is conducted and located in a First Nation community, as a status Indian, your share of the partnership will usually be extended the section 87 Indian Act tax exemption.

Corporation
A New Brunswick incorporated corporation has the capacity to carry on business inside and outside of New Brunswick . Both small and large corporations, including multi-national corporations, are incorporated under the laws of New Brunswick .

A New Brunswick corporation, when carrying on business in another province or country, may be required to register in that province or country in order to do business. It should be noted that a New Brunswick corporation is not required to register as an extra-provincial corporation under the laws of the Province of Nova Scotia in order to do business in Nova Scotia . (Other registrations may be required in Nova Scotia depending on the activities of the corporation in that province.)

The formation of a corporation creates a separate legal entity distinct from its shareholders. A corporation generally has all of the powers and capacity of an individual person; however, an Aboriginal-owned corporation usually is not extended the section 87 Indian Act tax exemption.  An Aboriginal-owned corporation will be treated as a separate legal entity and as such is not considered a registered Indian. Therefore an Aboriginal-owned corporation will usually be considered ineligible for the section 87 tax exemption regardless of ownership or location of the business.  

A number of characteristics distinguish corporations from a partnership or proprietorship:

Limited Liability:
Normally no shareholder can be held personally liable for the debts, acts or obligations of the corporation beyond the amount of share capital the shareholder has subscribed;

Perpetual Secession:
Because the corporation is a separate legal entity, its existence does not depend on the continued membership of any of its shareholders;

Shareholders:
Shareholder changes are easily made, as ownership of shares in the corporation may be sold without affecting the corporation's existence or its operations.

Choosing a Name for your Business
Once you have determined the legal structure of your business, there is another important step to take: choosing a name for your business. The name should be short and easy to remember. It should tell your customers who you are. A list of private sector name search firms is available from Corporate Affairs Branch.
 
Once you have decided on a form of business and on a name for your business, you will normally need to register your business with the Corporate Affairs Branch of Service New Brunswick.

If you intend to operate as a sole proprietor or partnership or incorporate as a corporation, or to obtain more information about the above-mentioned subjects, please see Naming Your Business or contact:

Corporate Affairs Branch
Service New Brunswick
432 Queen Street
P. O. Box 1998
Fredericton, N. B.  E3B 1B6
Telephone:      1-888-762-8600
Fax:                 506-453-2613
Web site:         https://www.web11.snb.ca/snb8000/default.aspx?l=e

Please consult the following documents for additional information on business registration:  

• Proprietorships - Provincial Acts and Regulations
• Partnerships - Acts and Procedures
• Incorporation - Provincial Acts and Regulations

Federal Incorporation
If a decision is made to incorporate, this is usually done provincially. However, if the company will carry on business outside of New Brunswick, it may be advantageous to incorporate federally under the Canada Business Corporations Act, which allows the company to do business anywhere in Canada. A federal corporation, when carrying on business in another province or country, may be required to register in that province or country in order to do business.

Once registered as a federal corporation, your business will usually not be extended the section 87 tax exemption as your corporation will be considered a separate entity, and as such, not considered a registered Indian. You may wish to seek legal advice on whether to incorporate provincially or federally.

Note:  Where a federally incorporated corporation carries on business in New Brunswick , it must register as an extra-provincial corporation in New Brunswick . For more information on extra-provincial registration see the document  SNB-Registration of an Extra-Provincial Corporation .

To obtain a Federal incorporation kit, call the Canada / New Brunswick Business Service Centre at 1-800-668-1010 . For more information on Federal incorporation, see the document Federal Business Incorporation - Canada Business Corporations Act (CBCA).

The Canada Business Corporations Act can be accessed from the Internet at the following Web site: http://strategis.gc.ca/epic/internet/incd-dgc.nsf/vwGeneratedInterE/home?OpenDocument.

4.2  Business Number (BN)
The Business Number (BN) is a reference numbering system that replaces the multiple numbers businesses once required to deal with government. New businesses will be issued their BNs when they register for one of the following four accounts that include the BN:

• Corporate Income Tax
• Importer/Exporter account number
• Payroll (source) deductions (Trust accounts)
• Goods and Services Tax / Harmonized Sales Tax

A sample BN might be 12345 6789 RP1234. The first nine (9) digits are the registration number. This registration number will stay the same no matter how many or what types of accounts a business has. The next six (6) digits identify the account, as follows:

• RC - Corporate Income Tax
• RM - Importer / Exporter Account Number
• RP - Payroll Deductions
• RT - GST / HST

For more information, see the document Business Number - BN, contact the Business Window nearest you by dialing toll-free 1-800-959-5525 or visit the Canada Revenue Agency Web site at: http://www.cra-arc.gc.ca/menu-e.html.

4.2.1  Corporate Income Tax
Under the Income Tax Act, all corporations have to file a T2 orT2 Short return, even if there is no tax payable. This includes non-profit organizations, tax-exempt corporations and inactive corporations. The only exception to this rule is a corporation that was a registered charity throughout the year.  

For more information see the document  Income Tax Returns - the T2 Corporate Income Tax Return and the T2 Short Return or contact the CRA at: 1-800-959-5525 .

4.2.2  Importer / Exporter Account Number
All Canadian individuals or businesses importing or exporting on a commercial basis must get a BN in order to account for their goods. Foreign-based or non-resident importers must also get a BN.

For more information see the document Importer/Exporter Account Number.

4.2.3  Payroll Deductions (Trust Accounts) / Employer Number
If your business is located on-reserve, and you employ status or registered Indians, the income and income-related contributions and deductions, such as CPP, Employment Insurance, of your employees may be considered tax exempt under section 87 of the Indian Act.

For more information, see the document Trust Accounts Division or contact the Canada Revenue Agency http://www.cra-arc.gc.ca/menu-f.html or the CRA Business Windows nearest you by dialing toll-free 1-800-959-5525 .

4.2.4  Goods and Services Tax / Harmonized Sales Tax
For more information on the GST/HST and its applicability to your business, see the document Goods and Services Tax and Harmonized Sales Tax - GST/HST or refer to section 3.1 of this document.

4.3  Labour Legislation & Employment Standards
If you have employees, you will need information on payroll requirements and employment standards such as paid holidays, vacation leave, minimum wage, etc. Separate federal and provincial labour legislation exists, therefore it is important to determine which legislation may apply to your business.

Determining who has Labour Legislation jurisdiction over your business can be complicated and is best left to the appropriate federal or provincial department. You are encouraged to contact the appropriate department to see under which jurisdiction your business may fall, as jurisdiction is often determined on a case-by-case basis.

Provincial Information
For more information on the New Brunswick labour legislation and employment standards, or to receive your New Brunswick payroll and employment standards information kit please contact the Department of:

Post-Secondary Education, Training and Labour
Chestnut Complex
470 York Street
P. O. Box 6000
Fredericton , New Brunswick   E3B 3P7
Telephone:      506-453-3902
Toll-free:          1-888-452-2687
Fax:                 506-453-3806

Information on the New Brunswick labour legislation can be found on the following Web site:
http://www.gnb.ca/0308/0001e.htm.

Federal Information
For more information on federal labour legislation and employment standards, please contact:

Human Resources and Social Development Canada
Regional Office and the Labour Services Centre
1045 Main Street, 1st Floor
P. O. Box 1166
Moncton, New Brunswick  E1C 8P9
Telephone:      506-851-6640
Fax:                 506-851-6645

Information on federal labour legislation can be found on the following Web site:
www.hrsdc.gc.ca/en/gateways/nav/top_nav/program/labour.shtml

4.4   Days of Rest Act and An Act Respecting Sunday Shopping

Days of Rest Act
The Days of Rest Act recognizes and declares that it is necessary to provide for days of rest from work, and it is desirable to provide as much as is practicable that such days of rest be uniform. Retail businesses (other than those specifically exempted from the application of the Act), are not permitted to be open on any of the ten (10) prescribed days of rest: Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, New Year's Day, Good Friday, Victoria Day, Canada Day and New Brunswick Day.

An Act Respecting Sunday Shopping
Municipalities have the authority to determine, through bylaws, whether there is to be Sunday shopping within their community. A Local Service District (LSD) that wishes to have Sunday shopping within its boundaries may petition the minister, and a public meeting will be called to allow residents to decide whether they support Sunday shopping in their LSD. The minister may then issue a permit authorizing retail businesses to operate on the weekly day of rest.

For more information, contact the Department of:

Local Government
P. O. Box 6000
Fredericton , New Brunswick   E3B5H1
Telephone:      506-453-2434
Fax:                 506-457-4991
Web site:         http://www.gnb.ca/0370/index-e.asp

For more information on provincial acts and regulations see the New Brunswick Department of Justice and Consumer Affairs' Web site at:  http://www.gnb.ca/0062/acts/index-e.asp.

4.5  Workplace Safety
Employers must be aware of their obligations with regard to ensuring the safety of their employees. Both federal and provincial workplace safety organizations have been established to help employers create and maintain a safe working environment.  

Your business may be required to register, affiliate or follow the guidelines set out by either the provincial or federal health and safety organization. Workplace safety jurisdiction is often determined on a case-by-case basis. You are encouraged to contact your local health and safety organization to determine under which jurisdiction your business may fall.

Note:  As a general rule, where provincial labour legislation applies, provincial health and safety regulations should apply. Conversely, where federal labour legislation applies, federal health and safety regulations should apply.  

Provincial information
Employers in First Nation communities, with three or more persons in their employ, full-time or part-time, may have to register with the Workplace Health, Safety and Compensation Commission of New Brunswick (WHSCC).  

For additional information, visit the WHSCC Web site at: http://www.whscc.nb.ca/index_e.asp or contact the office of the:

Workplace Health, Safety and Compensation Commission of New Brunswick        
P. O. Box 160
Saint John, New Brunswick  E2L 3X9
Telephone:      506-632-2200
Toll-free:          1-800-222-9775

Federal information
For federal occupational health and safety criteria and regulations visit the Human Resources and Social Development Canada's Web site at: http://www.hrsdc.gc.ca/en/gateways/nav/top_nav/program/labour.shtml or  http://www.hrsdc.gc.ca/en/gateways/topics/oxs-gxr.shtml or contact : 

HRSDC Labour Services Centre - New Brunswick Region
1045 Main Street, 1st Floor
P. O. Box 1166
Moncton, New Brunswick  E1C 8P9
Telephone:      506-851-6640
Fax:                 506-851-6645

4.6  Home-based Business
Operating a business from home may require complying with zoning by-laws on property use and development in your area. In many jurisdictions zoning approval could be required for certain types of business.

Please refer to sections 2, 2.1 and 4.7  of this document for information on by-laws that may affect the operation of your home-based business.  

You may require additional licences depending on the type of business you will be operating. Please refer to section 4.9 of this guide for more information on licensing and registration and consult your local First Nation band council to find out what specific by-laws exist or licenses may be required in your community.

Please keep in mind that home-based businesses will not be covered by regular house insurance. See section 4.14.

4.7  Development and Zoning By-laws
Your local band council has the authority to pass by-laws that may affect the establishment, or operation of your business in a First Nation Community. For regulations on zoning by-laws and building permits specific to your community, you will need to contact your local First Nation band council or the Registration, Revenues and Band Governance Branch of the Department of Indian and Northern Affairs.  

Also see the Department of Indian and Northern Affairs Canada web page on by-laws for more information: Lands and Trust Services- By-laws:  http://www.ainc-inac.gc.ca/ps/lts/nelts/blw/index_e.html.

Federal Information

Indian and Northern Affairs Canada
Atlantic Regional Office
P. O. Box 160
40 Havelock St.
Amherst , Nova Scotia   B4H 3Z3
Telephone:      902-661-6200
Fax:                 902-661-6237

4.8  Human Rights
An employer in New Brunswick must maintain a workplace that is free from discrimination and harassment. The Canadian Human Rights Act and New Brunswick Human Rights Act outline specific prohibitions against discrimination in employment, housing and public services.

Human Rights jurisdiction is regularly decided on a case-by-case basis and as such you are encouraged to contact your local Human Rights office to determine the regulations your business may have to follow. Your local Human Rights office will be able to assist you in determining if federal or provincial Human Rights regulations may apply to your business.

Provincial Information
For more information on the New Brunswick Human Rights Commission, call toll-free 1-888-471-2233 or visit the Web site at: http://www.gnb.ca/hrc-cdp/e/index.htm.

New Brunswick Human Rights Commission
P. O. Box 6000
Fredericton , New Brunswick   E3B 5H1
Telephone:      506-453-2301
Toll-free:          1-888-471-2233    
Fax:                 506-453-2653
Email:              hrc.cdp@gnb.ca

Federal Information
For more information on the Canada Human Rights Commission, visit the Web site at: http://www.chrc-ccdp.ca/default-en.asp?lang_update=1 or call your nearest office:

Atlantic Region Office
5475 Spring Garden Road, Suite 504
Halifax , Nova Scotia , B3J 3T2
Telephone:      902-426-8380
Toll Free:         1-800-999-6899
TTY:                 1-888-643-3304
Fax:                 902-426-2685

4.9  Health Inspections and Licences
Health inspections for businesses in First Nation communities are usually conducted by Health Canada ; however, the issuing of most licences and establishment of many safety guidelines affecting business are arranged at the provincial level by the Department of Health. As an owner of a business in a First Nation community, you may wish to apply for certain licences in an effort to protect your customers.  

The Department of Health has set guidelines for businesses to follow to in order to maintain a safe standard of service. For information on health standards for the operation of any type of food service establishment, sleeping accommodations, senior citizens home, day care centre, etc., contact the regional office of the New Brunswick Department of Health nearest you. For information on federal health inspections for your business in a First Nation community, contact the Atlantic office of Health Canada .

Refer to the blue pages of the provincial section of your telephone directory under Public Health Services to find out about the nearest office or contact the head office:

Provincial Information

Public Health Services
Department of Health
P. O. Box 5100
Fredericton, New Brunswick  E3B 5G8
Telephone:      506-453-2536
Fax:                 506-454-4697

Federal Information

Health Canada  - Atlantic Regional Office
Suite 1525 , 15th Floor, Maritime Centre
1505 Barrington St.
Halifax , Nova Scotia   B3J 3Y6
Telephone:      902-426-2038
Fax:                 902-426-3768

4.10  Controlled Access to Roads and Highways
If you plan to set up your business inside municipal boundaries, you are urged to contact the local municipal government for further information on controlled access to roads and highways.

You will find the telephone number in the white pages section of your telephone directory under City of..., Town of..., or Village of...

If you plan to set up your business outside municipal boundaries, you are urged to contact your local First Nation band council and your nearest provincial Department of Transportation District Engineer's office in New Brunswick regarding controlled access regulations on controlled roads and highways:

Department of Transportation
P. O. Box 6000
Fredericton, New Brunswick  E 3B 5H1
Telephone:      506-453-3939
Toll Free:         1-888-922-9399

District Offices (area code 506):

Bathurst	547-2144	Perth-Andover	273-4768
Campbellton	789-2060	Rexton	523-7622
Chipman	339-7171	Saint John	643-7463
Edmundston	735-2050	St. Stephen	466-7340
Fredericton	453-2611	Sussex	432-2014
Miramichi	778-6046	Woodstock	325-4450
Moncton	856-2000

For more information on how controlled access to roads and highways may affect your business, contact the Lands and Trust Services branch of the Department of Indian and Northern Affairs Canada or the Government Relations branch of the Department of Indian and Northern Affairs Canada.

Federal Information

Indian and Northern Affairs Canada
Atlantic Regional Office
P. O. Box 160
40 Havelock St.
Amherst , Nova Scotia   B4H 3Z3
Telephone:      902-661-6200
Fax:                 902-661-6237

4.11  Music Licence
Performance of music in public, i.e.: restaurants, clubs, hotels, dance halls, offices, stores, etc., requires a licence. This licence is necessary whether the music is performed by live or recorded means.

For additional information, contact the Society of Composers, Authors and Music Publishers of Canada (SOCAN) in Dartmouth (Nova Scotia ) at: 1-800-707-6226 or you may also visit the SOCAN Web site at the following address: http://www.socan.ca/jsp/en/index.jsp.

4.12  Environmental Requirements
Whether your business in a First Nation community is in the start-up stage, established and operating, or looking to expand, you should be aware of the potential impact your venture may have on the environment. If you plan to be involved with any product or by-product that may affect the air, water or land quality, mining, wood industry, watercourses, plants, animals, petroleum products, pesticides, etc., you should contact the Department of Indian and Northern Affairs Canada.  

The Lands Environment and Natural Resources sector of the Department of Indian and Northern Affairs Canada will be able to assist you in finding out what federal or provincial environmental acts, assessments or regulations you may have to take into consideration prior to starting your business or prior to expanding your business. The circumstances unique to your business will often dictate what type of environmental regulations may apply. You are urged to contact the department to determine what regulations may apply to your business and in order to ensure your business is operating safely and within the boundaries of environmental regulations.  

For further information on the above mentioned sectors see the documents:

• Environmental Acts and Regulations - Web Site
• Environmental Assessment in Canada
• Storage Tank Systems for Petroleum Products and Allied Petroleum Products on Federal Lands or Aboriginal Lands

Federal Information

Indian and Northern Affairs Canada
Atlantic Regional Office
P. O. Box 160
40 Havelock St.
Amherst , Nova Scotia   B4H 3Z3
Telephone:      902-661-6200
Fax:                 902-661-6237

4.13  Promotion and Advertising
Your business must attract and maintain a steady base of satisfied customers. The motive behind a purchase is usually one or more of the following: choice of merchandise or service, comfort, convenience, price, prestige, etc. But first, you have to attract the customers to your business. For this, you will have to advertise. Publicity can be either free or paid for. Naturally, free publicity is the preferred route, as long as it is positive publicity. However, a company rarely manages to obtain enough free publicity to meet its needs.

Free publicity:
For many business owners, word-of-mouth is a great advertising tool. Satisfied customers will bring family and friends to your door and will sell your products or services for you. News reports in the local newspaper or on the radio concerning the owners and employees of the business is another way to enhance your firm's public image. Be imaginative and client-oriented and you will get the coverage.

Paid publicity:
These can be either verbal or visual messages that are directed at the public for the purpose of informing and influencing them to either buy or use your services. In this case, it is imperative that you decide how much you are able to invest in advertising, how frequently you will deliver your message and by what means.

The federal Competition Act governs misleading advertising and deceptive marketing practices for all businesses in Canada . The Act defines which marketing practices are illegal and the process of complaint investigation.

For additional information, see the document Competition Act - Misleading Advertising and Deceptive Marketing Practices, administered by Industry Canada or visit the Competition Bureau Web site at:
http://cb-bc.gc.ca/epic/internet/incb-bc.nsf/vwGeneratedInterE/home.

4.14  Insurance
To protect your investment against serious losses from theft, fire and other misfortunes, you will need an insurance package designed for the size and type of your operation (home-based businesses will not be covered by regular house insurance).

Insurance needs for businesses vary greatly. It is best to choose an insurance agent or broker familiar with your size of business and, in particular, an agent familiar with your type of operation.  If you don't have an insurance agent, it could be a wise decision to ask other business owners in your area to recommend one.

The following list is included to remind you not to overlook the complex areas of business insurance and liability. It is best, however, to discuss your specific requirements with your insurance agent.

Basic insurance:

• Fire insurance (extended coverage on buildings and contents);
• Liability insurance (depending on type of business);
• Burglary protection (theft coverage);
• Dishonesty insurance (covers thefts by employees);
• Business interruption insurance (covers loss as a result of temporary business shutdown)

Bonding
Depending on the type of business you are in, you may be required (by law) to obtain bonding before you can start work. For information on bonding, please see the document Bonding or contact your local insurance agent.

4.15  Intellectual Property
What is Intellectual Property? Ideas, designs, creativity - these are key to a prosperous and thriving society. They help us work better, to make finer products and to compete more effectively in world trade. A brisk and orderly exchange of ideas is as important to our economy as the flow of money or goods and services.

To promote this exchange, while protecting owners' rights, the Government of Canada considers certain kinds of creative endeavours "intellectual property." You can receive legal recognition for these endeavours in much the same way as you receive title to a piece of land. In addition, the records and the documents that protect intellectual property owners' rights contain valuable information. Much of it is available to the public and may be useful to you in many ways.

For more information, please see the following documents: Patents, Trade-marks, Copyrights, Industrial Designs and Integrated Circuit Topographies. You may also visit the Canadian Intellectual Property Office's web site at: http://strategis.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html.

4.16  Protection of Personal Information: Your Responsibilities
The Guide to Canada 's Personal Information Protection and Electronic Documents Act (PIPEDA) helps businesses understand their obligations and comply to the Act. Since January 1, 2004 , the PIPED Act covers the collection, use or disclosure of personal information in the course of all commercial activities in Canada   except in provinces which have enacted legislation that is deemed to be substantially similar to the federal law.

For more information, see the document Protection of Personal Information - Your Responsibilities, call toll-free 1-800-282-1376 or visit the Web site: www.privcom.gc.ca/information/guide_e.asp.

5.  Other Sources of Information

5.1  Aboriginal Business Service Network
The Aboriginal Business Service Network is a network of business information sites in place to provide improved access to business information for the Aboriginal business community.  

Please see the document N. B. Aboriginal Business Service Network, or contact your local Community Economic Development Officer for more information on the ABSN or visit the New Brunswick ABSN Web site: http://www.cbsc.org/nb/absn.

5.2  Community Economic Development Agencies in New Brunswick (CEDA's)
The Community Economic Development Agencies (CEDA's) constitute the Enterprise Network. The Enterprise Network is designed to create prosperity in communities throughout the province through its network of 15 regional Enterprise agencies. By building stronger communities, the Enterprise Network is helping build a stronger New Brunswick.

New Brunswick's approach to economic development puts communities in the drivers seat of their own economic growth, by giving them real decision-making power and the resources they need to build on their own assets and strengths. It's community development from the ground up based on a partnership between various levels of government and the community. The goal is to help businesses and community organizations take their future in their own hands.

To find out about the nearest Agency, please see the document Community Economic Development Agencies (CEDAs) or visit the Enterprise Agency's Web site at:  http://www.enterprise-entreprise.ca or contact the Canada / New Brunswick Business Service Centre at: 1-800-668-1010 .

5.3  Online Small Business Workshop (OSBW)
The Online Small Business Workshop (OSBW) is a web-based workshop designed to provide you with techniques for developing your business idea, starting a new venture and improving your existing small business. The OSBW will assist you to visualize and develop your business. When appropriate, it will also provide you with links to provincial information. The OSBW is organized into six sessions, each focusing on a different area of business.

For additional information on the OSBW, see the document Online Small Business Workshop - OSBW, or visit the OSBW Web site: http://www.cbsc.org/servlet/ContentServer?cid=1102594891135&pagename=OSBW/CBSC_WebPage/CBSC_WebPage_Temp&lang=en&c=CBSC_WebPage.

5.4  Business Start-Up Assistant (BSA)
The Business Start-Up Assistant (BSA) is a web gateway for information on how to start a business in Canada . Organized by topic and province, the BSA provides information from government and non-government sources.

For additional information, see the document Business Start-Up Assistant (BSA), or contact the Canada / New Brunswick Business Service Centre toll-free at 1-800-668-1010 or visit the Business Start-Up Assistant Web site at: http://bsa.cbsc.org/gol/bsa/site.nsf/en/index.html.

5.5  Community Business Development Corporations (CBDC's)
Atlantic Canada's 41 CBDC's are a strategic and effective community-based development infrastructure. There are 10 CBDC's in New Brunswick . The programs and services they deliver are aimed at helping entrepreneurs and would-be entrepreneurs get the information, advice, and capital they need to make their businesses succeed. The CBDC's are autonomous, not-for-profit corporations servicing the rural regions of Atlantic Canada supported by ACOA. They assist in the creation of small businesses and in the expansion, modernization and stabilization of existing businesses. They offer both technical and financial services for entrepreneurs in their respective regions.

For more information, see the document Community Business Development Corporations (CBDCs), call toll-free 1-800-303-2232 or visit the CBDC's Web site at: http://www.cbdc.ca/english/index.php.

6.  Aboriginal Business Information Guide

The Aboriginal Business guide is a document designed to help you navigate through the different government programs, services and regulations and identify those of interest.  

For additional information, see the document Aboriginal Business, or contact the Canada / New Brunswick Business Service Centre toll-free at 1-800-668-1010 .

7.   Canada / New Brunswick Business Service Centre

The Canada / New Brunswick Business Service Centre is an innovative partnership of federal and provincial government departments. Both levels of government work with key private-sector organizations to create a seamless information network for entrepreneurs.

Our mission is to improve the start-up, survival and growth rates of small and medium sized enterprises by giving business people in every part of New Brunswick access to accurate, timely and relevant information and referrals.

What can we do for you? We can guide you in the right direction! We can give you the information you need! We are your best source of comprehensive business information!

The Canada / New Brunswick Business Service Centre is accessible province-wide and free of charge. You may reach us through our toll-free number or visit us with your questions. Our office is open from 8:30 a.m. to 5:00 p.m. , Monday to Friday. We also provide a 24-hour business information service, seven days a week, through our Web site.

Here's how to reach us:

Canada/New Brunswick Business Service Centre
Ground Floor, Barker House
570 Queen Street
Fredericton, New Brunswick  E3B 6Z6
Telephone: 506-444-6140
Fax: 506-444-6172
Toll-free (information): 1-800-668-1010 (Atlantic region only)
TTY Toll-free (hearing impaired): 1-800-457-8466
E-mail: cbscnb@cbsc.ic.gc.ca
Web site: http://www.cbsc.org/nb
Hours of operation: 8:30 am to 5:00 pm Monday thru Friday - except Government holidays