Business Start-up in New Brunswick

Introduction
As a result of today's information revolution, a multitude of products and services are available that have been designed to meet the needs of entrepreneurs at various stages of business development. Harder to find under one cover, however, are simple, overall approaches to business planning and help for new entrepreneurs to assess their skills and potential, develop an idea, plan a business and finally get that business off to a secure start.

Success in business comes largely from planning and from feeling confident in your own potential. Owning your own business can be a rewarding experience. It's also one that requires dedication and hard work. Right from the start, you have to know what you're getting into!

This document was written to guide you through those planning stages.  It is both a guide to business planning and a tool to help you define your goals and the direction you want to take based on your capabilities and opportunities. Our goal is to make your information-gathering process easier and to assist you in your efforts to create a successful new business.

Note: You will notice that throughout this publication, there are some references made to other relevant documents ("see the document...") If you are using the Web, simply click on the links provided. If you are reading this publication from a print copy and would like to obtain those additional documents, please call the Canada / New Brunswick Business Service Centre at 1-800-668-1010 and we will provide you with copies.

For further information on individual topics identified herein, contact the respective governing body or the Canada / New Brunswick Business Service Centre. Because this document is only meant as a guide, the Canada / New Brunswick Business Service Centre will not accept responsibility for business decisions made based on the information provided.

TABLE OF CONTENTS

1. About the Canada/New Brunswick Business Service Centre

2. Assessing yourself
2.1  Take a good look at yourself 
2.2  Entrepreneurial traits

3. Developing an idea
3.1  Looking for an idea 
3.2  Exploring your opportunities 
3.2.1  Discussing your idea with others 
3.2.2  Stating your idea 
3.2.3  Assessing your market 
3.2.4  Being prepared

4. Planning Your business
The business plan
4.1  Executive summary 
4.2  Business description 
4.3  Marketing plan 
4.4  Financial projections 
4.5  Interactive Business Planner (IBP)

5. Getting Started   
Regulations and Licences 
5.1  Business Registration
5.2  Business Number 
5.3  Labour Legislation & Employment Standards 
5.4  Days of Rest Act and An Act Respecting Sunday Shopping
5.5  Safety in the Workplace 
5.6  Home-based Business 
5.7  Zoning bylaws and Building Permits 
5.8  Human Rights
5.9  Health Inspections and Licences 
5.10  Controlled Access to Roads and Highways 
5.11  Music Licence 
5.12  Environmental Requirements 
5.13  Promotion and Advertising 
5.14  Insurance 
5.15  Intellectual Property 
5.16  Protection of Personal Information : Your Responsibilities 

6. Other Sources of Information
6.1  Community Economic Development Agencies - Enterprise Network
6.2  Online Small Business Workshop - OSBW 
6.3  Business Start-Up Assistant (BSA) 
6.4  Community Business Development Corporations (CBDCs)

1.  About the 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

2.  Assessing yourself  

2.1  Take a good look at yourself
Before considering starting your own business, an endeavour that takes time and money, we suggest that you first take an objective look at yourself. Many of us at one point or another have thought of starting a business; however, we are not all qualified to be entrepreneurs. It is important to know your strengths and your weaknesses so you can maximize your chances for success. You have to be well prepared and you have to know if you're doing what's right for you.

Are you that person?  
When people think about going into business, rewards that come with dedication and hard work are the first thing that comes to mind. It's also appealing to think about being your own boss and making your own decisions; the freedom from routine; the personal satisfaction; and the sense of accomplishment. These are all powerful motivators. However, it takes more than that to be successful in business. You have to ask yourself these questions: Why do I want to be in business? Am I ready to take the risk? Do I really understand what this implies? Am I confident in my services or products? Will I make enough money to support myself and my family?

Do you have what it takes?  
Are you that competitive person who wants to be tops in whatever you choose to do? Are you the type of person who is willing to put in the time to see the job through to the end? Do you do things that need to be done without waiting for someone else to urge you to do them? Being your own boss means being a leader in everything you do. It also means making prompt decisions and setting goals. Your employees will look to you for guidance and support. Are you ready to take on that load?

Do you have support?  
Your family is probably the most important asset you will have to consider as you progress with your business. A new business will demand a great amount of time and commitment - time you will not have for your family. Do you have their moral support? Like you, your family will also have to understand the great commitment that comes with starting a business. Are they ready for this?

What are your odds?  
It's a well-known fact that a large number of small businesses fail during the first three years. A lot of business owners either give up or do not see their businesses through the hard times that may come. A majority of new businesses do not reach the expected financial return in the first few years. Are you persistent enough to want to see this through?

2.2  Entrepreneurial traits
Successful entrepreneurs distinguish themselves by special characteristics that are typical to a particular type of person. They are competitive, ambitious, confident, tolerant, energetic, persistent, risk-takers, problem-solvers and much more. Take the time to think through who you are, not what others perceive you to be. Identify the traits you have and what traits you may need to enhance. Are you an entrepreneur? An entrepreneur:

This certainly does not mean that to be a successful entrepreneur you must possess all of these characteristics; nor does possession of all of these traits necessarily guarantee a successful business venture. However, if only a few of these traits describe you, you might be wise to reconsider your entry into the business world.

3.  Developing an Idea   

3.1  Looking for an idea
It is possible to start a business with one idea. It's also common for someone to want to start up a business without knowing exactly what they would like as a business. However, it has been proven that most successful businesses are built out of several ideas which open doors to several possibilities. This means that if one project doesn't turn out as you hoped, you will have all those other possibilities to draw from. A good business should:

• satisfy your personal goals and interests;
• meet the client's needs;
• find a level of success in the market;
• be able to satisfy your financial goals.

We have put together some ideas that can help you get started:

3.2  Exploring your opportunities
Having an idea is not enough to start up a business. The idea is only good as long as it is possible to turn it into a profitable business opportunity. It also has to be a good "fit" for you if you are going to make it work. There is a tendency for new entrepreneurs to start up a business in a field they know well. However, you should not limit yourself to what you know. It is also just as important to look at what you like. Exploring ideas outside your present line of work may help you find the right opportunities.

Many factors determine the success of an enterprise: an entrepreneur's likes and dislikes; the financial situation; the ability to access extra funding for the business; status of the market in the area where the business will be located; and the possibilities to broaden that market.

Look very closely at what is going on around you. Fads and trends can be good business opportunities. Be careful, however. A fad is short-lived and can generate quick money and a trend may last longer but a business cannot solely be based on fads and trends. This is why having more than one idea is apt to bring you longer success. You have to follow your opportunities and your markets. A successful business is not a stagnant business; it is constantly changing to meet the needs of the market.

Knowing the current trends and the current markets can also help you look at how you can improve your products or services. Below, we have listed some trends that might just be the business opportunity you're looking for:

The greying of the population - The fastest growing group in the country - has greatly influenced the purchasing patterns of the country. What are their concerns?

Concerns with health - Canadians have witnessed significant changes in eating and exercise habits in recent years. The new trends seem to lean toward health maintenance and prevention. What is available in your area?

The changing role of women - Every year, we see a growing percentage of women join the workforce. This brings changes to their purchasing habits and to the purchasing habits of the family as well. Are there adequate facilities in your area to meet their needs?

Computerization - The computer and all that it brings has revolutionized our world and will continue to do so. Changes in this sector are constant and the demands are extensive. Does the consumer find what he / she wants in your area?

Lifestyles - This may bring you endless opportunities. Watch for what is new in home entertainment - the travel industry - specialty items - outdoor sports - health issues. What can you do in your area to improve these markets? 

The opportunities are out there. You will be pleasantly surprised by all the opportunities that are often right there in front of you! You simply need to see them.

3.2.1  Discussing your idea with others
You may now be at a point where you should discuss with others the information you have found on your own. This will help you to evaluate the impact of your new business on your community. Family and close friends could certainly give you valuable feedback but you will also need to contact professionals who could eventually become your most important colleagues throughout your business career:

Your accountant - A good accountant is a valuable member of a management team. It is critical that you have an accountant who is genuinely interested in your business, can provide you with ongoing financial information and help you make sound financial business decisions.

Your banker - A banker should be an important person for a small entrepreneur. Bankers can provide necessary capital and also give you sound business advice. Shop around. Services and expertise will differ from one financial establishment to another. You need to establish that right contact to meet your needs.

Your lawyer - Setting up a small business may occasionally require the advice of a lawyer. It is important at the onset that you take the time to find a lawyer with whom you are comfortable and who will work with you. The expense may bring you savings later.

These people will be your business team. They may not always see eye to eye with you but they are experts in their fields. Their advice can be invaluable not only during the start-up phase but throughout the life of your business. You can never get too much information; every bit you gather will eventually help you make better decisions.

3.2.2  Stating your idea
Now is the time to start putting your ideas down on paper. Write a concise summary of your business idea in one or two sentences. This may seem to be a rather trivial thing to do but a short, clear summary of your business is a must before you begin to design a business plan. It will focus your efforts.

You may be surprised how difficult it can be to sum up your entire business venture in a single sentence. An example of a statement summarizing a "gadget" production operation might be as follows:

"Atlantic Gadget Corporation is a provincially incorporated company engaged in the design, manufacture and marketing of third-generation gadgets for the computer industry."

3.2.3  Assessing your market
Your next task will be to do some preliminary market research. Many people believe that if they have a "good" product or service it will "sell itself". This is very seldom true. Consider the advice of Walter H. Lowy - "Your market has a free choice and only by supplying what the market wants, and not by your efforts to impose your merchandise, will you get your maximum share of the market's potential".

Prospective entrepreneurs should first conduct a very careful assessment of the market for the goods or services they plan to offer. Market research will play an important role in determining whether your business idea is viable. It can be a very simple and straightforward exercise. Basically, it will involve asking your potential customers whether they will buy or use your products or services. How you do the research will really depend on the type of business you want to start and who your customers are.

The market research should help you answer some very important questions such as:

• Are there businesses similar to the one I want to open in my community or neighboring communities? How well are they doing? Can the market be shared? Is this a growing or shrinking market?
• Who will my customers be? Will they buy my products or use my services? How much will they buy? What prices do they expect to pay?
• Will my business be easily accessible to the public? How will they know where to find me? What will determine that the customer will use my services or buy my products rather than my competitors'?

Market research should be brief and to the point. You don't have to ask many questions but the questions you ask must be pertinent. First, decide what information you must have before you start and ask only questions that focus on those areas. A good market survey can contain as few as four to six questions and take less than 10 minutes to complete. Keep this in mind, especially if you are doing a telephone survey in your area.

For more information, see also documents Market Analysis and Guide to Market Research and Analysis

3.2.4  Being prepared
Most entrepreneurs understand that there is a great amount of work involved in starting their own business. Statistics show that five out of ten businesses don't survive the critical first three years. Knowing why businesses fail may help you avoid the same pitfalls. Here are some good business practices worth considering:

Planning - Proper planning establishes a solid base for any successful business. Knowing where you are going before getting there will help you have a clear vision of why you are in business.

Experience - Certainly it is not expected that you have business experience if this is your first time in business. However, the ability to look at others who are successful will provide you with a wealth of information needed to succeed.

Capital - An accurate financial projection will help you determine the funds you'll need to start up and to keep you in business. You will have to determine how much money you have for your business and how much money you will need to borrow.

Markets - Your sales or services will have to meet two sets of expectations - yours and your clients'. That's why it is imperative that you clearly identify the strategy you plan to use to capture and retain your share of the market.

Efficient management along with proper planning will allow you, the entrepreneur, to monitor the health of your business and to conduct an accurate projection of your future earnings. It will allow you to know the position of your business on a day-to-day basis and to respond quickly to early warning signs of potential weaknesses so you may take corrective action.

4.  Planning Your Business
The business plan

A business plan is a written document of the overall activities of your business. It describes what you intend to accomplish and how you plan to organize your resources 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 you can use it 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.

A typical business plan can be divided into four broad categories: the executive summary, the business description, the marketing plan and financial projections. However, each category may also be divided into several different pertinent topics.

The Community Economic Development Agencies in New Brunswick can also provide advice and support to develop your business plan. Please refer to section 6.1 below for additional information.

The Canada / New Brunswick Business Service Centre has various factsheets on business planning. For more information, call 1-800-668-1010 .

4.1  Executive summary 
The executive summary is a very important part of your business plan. It introduces your entire strategy and must capture the reader's attention and stimulate their interest; you definitely want your reader to continue reading.

Often, investors and creditors will make their primary decisions on the basis of your summary. Therefore, this one or two page summary must:

• emphasize concrete and measurable business goals and objectives;
• briefly describe your products and services;
• highlight your marketing strategy;
• clearly identify your financial requirements and projected costs.

Upon completion, the executive summary should be concise and reflect your complete business plan.

4.2  Business description
This section will familiarize the reader with your company. Therefore, it should briefly describe your business beginnings, present position and future potential. To help your reader understand your plans, you should also provide a short description of:

• your products or services;
• the industry within which you will be competing;
• the form of business you will adapt;
• the size of company you will have;
• the volume you expect;
• your short- and long-term goals.

4.3  Marketing plan
Your market consists of your customers and their needs. This is another important part of your plan but does not have to be a difficult one. It is important however, that you keep in mind that your business will depend on your market. This section of your business plan should therefore convince the reader that you clearly understand the market for your products or services. You have to make it your business to know:

• who your customers are;
• what their buying habits are;
• why they will prefer your products or services;
• where you will find your customers;
• how you will reach them.

Knowing your customers and their needs will not be enough. You will have to be able to identify your market size and trends, your competition and your market share. You should also include your advertising and promotion program, your pricing policies and your service and warranty policies. To facilitate the process, you may want to break this section into different parts - the customers, the product, the competition, the price, the promotion and the location.

4.4  Financial projections
This will be the more detailed part of your business plan. To help you assess how much money you will need, you have to determine your present financial situation. By knowing your monthly living expenses precisely, you will be able to go into your new business venture with realistic expectations.

Next, you will have to determine what funding you will need to operate a business. The plan must clearly illustrate your current financial situation and provide a realistic and attainable financial forecast for your business. Your financial plan should also describe:

• the type of financing you are seeking;
• the amount of money needed;
• how you plan to use these funds in the business;
• the terms of repayment and desired interest rate.

Your investors must have a clear overview of the current financial structure of your business. The ideal record-keeping system should be accurate and as simple as possible.

4.5  Interactive Business Planner (IBP )
The IBP is an interactive online tool that will help you prepare a comprehensive business plan for your new or existing business. It's effective, easy to use and is free. Because it is on the Internet, the IBP is available 24 hours a day, 7 days a week. For more information, see the document Interactive Business Planner - IBP or visit the Web site: http://www.cbsc.org/ibp/en/index.cfm.

5.  Getting Started
Regulations and Licences

Our governmental bodies - federal, provincial and municipal - have set down laws and regulations to protect the consumer. All businesses, large or small, must abide by these laws and regulations. Depending on the product or service, businesses will also require certain licences that have been designed to protect public safety and meet the standards established by our elected representatives in government. The following are some of the most common requirements affecting businesses just starting out. The extent to which the information will apply to you depends on the circumstances relating to your project.

For further information on individual topics identified herein, contact the respective governing body or the Canada / New Brunswick Business Service Centre. Because this publication is only meant as a guide, the Canada / New Brunswick  Business Service Centre will not accept responsibility for business decisions made based on the information provided.  

The Canada / New Brunswick Business Service Centre has also produced a series of guides on how to start specific types of businesses in New Brunswick . For more information, see the document: List of New Brunswick Guides or call 1-800-668-1010 .

5.1  Business Registration
At the onset of your business, you have to decide 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.  

Before making a decision on the type of registration for your business, it is well advised to consult an accountant and / or a lawyer.

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 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.

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.)

A corporation creates a legal entity that is separate and distinct from its shareholders. A corporation generally has all of the powers and capacity of an individual person. A number of characteristics distinguish it 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.

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, Service New Brunswick .

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 incorporate as a Corporation, operate as a Partnership or operate as a Sole Proprietor or to obtain more information about the above mentioned subjects, do not hesitate to get in touch with:

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/snb7001/e/2000/2500e.asp

As well, the following documents may be helpful:

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

Please note that all forms can be accessed from Service New Brunswick's Web site and electronic submission is available for Incorporations (including annual return filing) and Sole proprietorships. Visit https://www.web11.snb.ca/snb7001/e/2000/2500e.asp.

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, then it may be advantageous to incorporate federally under the Canada Business Corporations Act which allows the company to do business anywhere in Canada. 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 additional information, 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). It can also be accessed from the Internet, at the following address: http://strategis.gc.ca/epic/internet/incd-dgc.nsf/vwGeneratedInterE/home?OpenDocument

5.2  Business Number - BN
The Business Number (BN) is a reference numbering system that replaces the multiple numbers businesses required to deal with government. New businesses will get their BNs when they register for one or more of the four accounts that the BN includes:

• Corporate Income Tax;
• Importer/Exporter account number;
• Payroll (source) deductions (Trust accounts);
  The Trust Accounts Division works to ensure that employers and workers meet the withholding, remitting and reporting requirements of the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act  and the Excise Tax Act. It also ensures they meet the requirements for provincial tax withheld at source, for all provinces except Québec.
• Goods and Services Tax / Harmonized Sales Tax
  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 Sales Tax (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 14%* (the 6% federal component plus an 8% provincial component*). The Canada Revenue Agency (CRA ) administers the HST. 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 was reduced from 7% to 6% and the rate of the HST, from 15% to 14%.

A sample BN might be 123456789 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

Business Registration on-line
This Business Registration On-line (BRO ) service is provided by the Canada Revenue Agency ( CRA ) and its provincial partners, New Brunswick , Nova Scotia, Ontario and British Columbia . It is designed so that businesses can conveniently register themselves for CRA, New Brunswick, Nova Scotia, Ontario and British Columbia programs at one time.

For more information, see the document Business Number - BN contact the Business Windows 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/tax/business/topics/bn/bro/menu-e.html

5.3   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:

Post-Secondary Education, Training and Labour
Employment Standards Branch Central Office
Chestnut Complex
470 York Street
P. O. Box 6000
Fredericton , New Brunswick E3B 5H1
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 Skills 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

5.4   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 at: 506-453-2434 .

5.5  Safety in the Workplace
Employers must be aware of their obligations with regard to ensuring the safety of their employees. Employers with three or more persons in their employ, full-time or part-time, have to register with the Workplace Health, Safety and Compensation Commission of New Brunswick (WHSCC).

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

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

5.6  Home-based Business
Operating a business from home requires meeting the zoning by-laws controlling property uses in your area. In many jurisdictions zoning approval is required.

Please refer to section 5.7 to find out where to call for information. 

You may require additional licences depending on the type of business you will be operating. For instance, if you are opening a food catering business, you will require a licence from the Department of Health. Please refer to other sections of this guide for more information on licensing and registration.

Please keep in mind that home-based businesses will not be covered by regular house insurance. See section 5.14.

5.7  Zoning bylaws and Building Permits
For regulations on zoning bylaws, building permits, etc. within a municipality, you will need to contact your local municipality.  

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

For information on zoning bylaws and building permits outside your local municipality, check with your local District Planning Commission (area code 506):

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

For more information, call toll-free 1-888-471-2233 or 506-453-2301 , visit the New Brunswick Human Rights Commission Internet site at: http://www.gnb.ca/hrc-cdp/e/index.htm

5.9  Health Inspections and Licences
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 Department of Health nearest you.

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:

Public Health and Medical Services
Department of Health
P. O. Box 5100
Fredericton , N. B.  E3B 5G8
Telephone:  506-457-4800
Fax :            506-453-5243

5.10  Controlled Access to Roads and Highways
If you plan to set up your business inside municipal boundaries, you should contact the local municipal government regarding controlled access regulations on controlled 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 locate outside municipal boundaries, contact your nearest provincial Department of Transportation District Engineer's office in New Brunswick (area code 506 :

5.11  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 Web site at the following address: http://www.socan.ca/jsp/en/index.jsp

5.12  Environmental Requirements
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 are required to contact the regional offices of the Department of Environment nearest you (area code 506):

Or contact:

Department of Environment
P. O. Box 6000
Fredericton , N. B.  E3B 5H1
Telephone:  506-444-3635
Fax:             506-457-7333

5.13  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 .

The Canada / New Brunswick Business Service Centre has various factsheets on advertising. For more information, call 1-800-668-1010.

5.14  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. 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 what 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 document Bonding or contact your local insurance agent.

5.15  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 website at: http://strategis.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html.

5.16   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 Your Responsibilities, call toll-free 1-800-282-1376 or visit the Web site: www.privcom.gc.ca/information/guide_e.asp.

6.  Other Sources of Information

6.1  Community Economic Development Agencies - Enterprise Network
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 .

6.2  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. It is organized in 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 at: http://www.cbsc.org/servlet/ContentServer?cid=1102594891135&pagename=OSBW/CBSC_WebPage/CBSC_WebPage_Temp&lang=en&c=CBSC_WebPage.

6.3  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), 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://sade.rcsec.org/gol/bsa/site.nsf/en/index.html.

6.4  Community Business Development Corporations (CBDCs)
Atlantic Canada's 41 CBDCs are a strategic and effective community-based development infrastructure. There are 10 CBDCs 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 CBDCs 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 1-888-303-2232 or visit the CBDCs Web site at: http://www.cbdc.ca/english/index.php.

DISCLAIMER
Information contained in this document is of a general nature only and is not intended to constitute advice for any specific fact situation. Users concerned about the reliability of the information should consult directly with the source, or seek legal counsel.

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