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Start Up Info-Guide for New Canadians
Last Verified:
2006-09-18
This guide has been prepared by Canada Ontario Business Service Centre (COBSC), a single point of access to information on federal and provincial government programs, services, and regulations.
Need more information?
Click: Canada-Ontario Business Service Centre
Call: 1-800-567-2345
Visit: The
Regional Access Program Location Index for a listing of offices in Ontario.
TABLE OF CONTENTS
- Getting Started
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- Foreign Investment
- Business Immigration
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- Resources and Web Sites of Interest
1. Getting Started
Owning Your Own Business: New, Existing and Franchise Opportunities
There are three common ways to get into business. You may wish to start the business as a new enterprise, you could buy an existing business, or you may decide to purchase a franchise.
For further information:
see these documents:
Points to Consider When Starting Your Own Business
Checklists for Going Into Business
Feasibility Checklist for Starting a Small Business
You could also try the Online Small Business Workshop, a step-by-step Web-based program designed to help develop your business idea, start a new venture, or improve an existing small business.
For further information:
please call 1-800-567-2345 or (416) 775-3456
visit the Web site:Online Small Business Workshop
see the document
Online Small Business Workshop - OSBW
Doing Business In Canada-An Interactive Tool
This online tool provides information for investing and establishing a business in Canada. You can also search for specific industry sectors and regulatory information.
For further information:
visit these Web sites:
Canada at a Glance
http://www.investincanada.gc.ca/en/1788/Canada_at_a_Glance.html
Doing Business with Canada
Invest in Canada
The Invest in Canada website provides a variety of resources, links to services, and expertise to help non-Canadians with their investment or in the creation of a new business.
For further information:
visit the Web site:Invest in Canada
2. Choosing Your Business Structure
The right structure for your business will depend on a number of factors including legal considerations, the location of the business and taxation.
For further information:
visit the Web site Establishing A Business In Canada
Sole Proprietor/ Partnerships
Sole Proprietorships and partnerships are easier to start but there are still some legal obligations and licensing might still be required.
In Canada, the provinces maintain exclusive jurisdiction with respect to sole proprietorships and partnerships. To learn more please inquire with the province's specific legislation.
For further information:
visit the Web site Start-up a Sole Proprietor/ Partnerships
Corporations
Many foreign companies decide to operate in Canada as a corporation. A corporation is a business that is legally separate from its owners. You can incorporate in Canada under two jurisdictions:
Under provincial law - If the business will operate in only one province, the company is incorporated provincially.
Under federal law - Companies that plan to do business across Canada must be incorporated under federal law. Some types of business, such as banks, are subject to industry-specific legislation.
For further information:
visit the Web site Start-up a Corporation in Canada
3. Foreign Investment
Choosing the right business structure and understanding how your foreign investment is governed in Canada are important first steps.
What are the Laws governing foreign investment in Canada?
The establishment of a new business in Canada or the acquisition of Canadian businesses by non-Canadians is regulated under the Investment Canada Act. The purpose of the Act is to encourage both Canadians and non-Canadians to invest in Canada as a way of contributing to economic growth and employment opportunities.
To Whom does it apply?
If you are not a Canadian citizen or a permanent resident, within the meaning of the Immigration Act then you are a non-Canadian and must comply with the provisions of the Investment Canada Act.
For further information:
Please call: 1-800-567-2345
Visit the Web site Investment Canada Act
see the document
Community Investment Support Program (CISP)
4. Business Immigration
Business immigrants are people who can invest in, or start businesses in Canada and are expected to support the development of a strong and prosperous Canadian economy. The Business Immigration Program of Citizenship and Immigration Canada seeks to attract people experienced in business to Canada.
For further information:
visit the Web site
Business Immigration Ontario
http://www.2ontario.com/bi/home.asp
Useful Links
http://www.2ontario.com/bi/bi_links.asp
see the document:
Business Immigration Program - Ontario
The three different types of the Business Immigration Program are:
Immigrating to Canada as an Entrepreneur
The Entrepreneur Program allows applicants with business experience and a legally obtained minimum net worth of $300,000 to immigrate to Canada provided that they commit to managing and owning at least one-third of a business of a defined size for at least one year within three years of landing in Canada.
For further information:
visit the Web site Immigrating to Canada as an Entrepreneur
Immigrating to Canada as an Investor
The Immigrant Investor Program (IIP) allows applicants with business experience and a legally obtained minimum net worth of $800,000 to immigrate to Canada provided that they make an investment of $400,000.
For further information:
visit the Web site Immigrating to Canada as an Investor
Immigrating to Canada as a Self-Employed Person
The Self-Employed Person Program allows applicants with relevant experience in culture, athletics or farm management to immigrate to Canada provided that they make a significant contribution to the cultural or athletic life of Canada or purchase and manage a farm in Canada.
For further information:
visit the Web site Immigrating to Canada as a Self-Employed Person
5. Regulations
For regulatory or legal questions, it may be useful to contact a lawyer through the Law Society of Upper Canada's Lawyer Referral Service .
For further information:
please call (416) 947-3300 or 1-800-668-7380
visit the Web site Law Society of Upper Canada
see the document
Selecting Professional Services
These are some of the regulations that will apply to your business as a new Canadian.
Investment Canada Act
The purpose of this Act is to encourage investment in Canada by Canadians and non-Canadians that contributes to economic growth and employment opportunities and to provide for the review of significant investments in Canada by non-Canadians.
For Further Information:
visit these Web sites:
Investment Canada Act
Invest in Canada
Immigration and Refugee Protection Act
http://laws.justice.gc.ca/en/I-2.5/
Depending on what your product or service you are supplying, different regulations will apply. Below are some basic governmental regulations that apply to all businesses in Ontario.
Municipal Requirements
Each municipal government has the authority to issue its own business licences within its jurisdiction. Since there is no uniformity throughout the province regarding municipal licences for businesses, you should consult with the appropriate local officials to determine whether your business will be affected by local regulations and licensing requirements. Businesses (including home-based businesses) must also meet the zoning by-laws that control property uses in their municipality.
For further information:
visit the Web site:
Association of Ontario Municipalities
http://www.amo.on.ca//AM/Template.cfm?Section=Home
see the document
Municipal Requirements to Start a Business
The Pay Equity Act
The Pay Equity Act requires that different jobs be evaluated and work mostly or traditionally done by women be compared to work mostly and traditionally done by men. An employer could, for example, compare the value of the work of a secretary, a traditionally female job, to the value of a shipper, a traditionally male job. If the value to the organization is equal or comparable, the secretary must receive at least the same job rate as the shipper.
For further information:
please call 1-800-387-8813 or (416) 314-1896
visit the Web site:
PAY EQUITY AND EQUAL PAY; What is the Difference?
http://www.payequity.gov.on.ca/peo/english/pubs/difference.html
The Pay Equity Commission
http://www.payequity.gov.on.ca/index_pec.html
see the document:
Employer’s Introduction to Pay Equity
Ontario Human Rights Code
All employers in Ontario must adhere to the Ontario Human Rights Code. The code states that all Employment decisions should be based on the applicant's ability to do the job and not on factors that are unrelated to the job.
For further information:
please call 1-800-387-9080 or (416) 326-9511
visit the Web site:
Hiring : Your rights and responsibilities
http://www.ohrc.on.ca/english/guides/hiring.shtml
Employment Standards Act
The Employment Standards Branch of the Ontario Ministry of Labour is responsible for the administration and enforcement of the Employment Standards Act, which provides for minimum terms and conditions of employment in most industries.
For further information:
please call (416) 326-7160 or 1-800-531-5551
visit these Web sites:
What You Should Know About The Ontario Employment Standards Act
http://www.labour.gov.on.ca/english/es/poster.html
Employment Standards Claim
http://www.labour.gov.on.ca/english/es/claim/index.html
Employee Self Help Kit
http://www.labour.gov.on.ca/english/es/selfhelp/index.html
see the documents:
Employment Regulations Info-Guide
Employment and Training Assistance Programs Info-Guide
Are You an Employee or Self-Employed?
6. Taxation
Dealing with Business Taxes
All businesses must be aware of the various taxes that may apply to their product or service. Depending on the type and location of products or services being offered, federal, provincial and/or municipal business taxes may apply.
For further information:
visit these Web sites:
Provincial Tax Forms and Publications
http://www.trd.fin.gov.on.ca/userfiles/HTML/cma_3_158_1.html
Small Business Tax Help
http://www.trd.fin.gov.on.ca/userfiles/HTML/cma_3_160_1.html
CRA Business Tax Web Page
http://www.cra-arc.gc.ca/tax/business/menu-e.html
see the document:
Taxation Info-Guide
Income Tax Information
Business owners must be aware of the requirements of Income tax that may apply to their product or service. There are different tax implications for incorporated and non-incorporated businesses. For information specific to your organization you should consult an accountant or financial professional.
For further information:
please call: 1-800-959-5525
visit the Web site:
Ontario Income Tax
http://www.trd.fin.gov.on.ca/userfiles/HTML/cma_3_2447_1.html
Canada Revenue Taxes Menu
http://www.cra-arc.gc.ca/tax/individuals/menu-e.html
see the document:
Taxation Info-Guide
Below are links to publications that cover some of the general tax requirements for business owners in Ontario.
Ontario Small Business Guide
This booklet will guide you through various aspects of Retail Sales Tax, Corporations Tax and Employer Health Tax. This booklet also answers some of the frequently asked questions of small business owners regarding tax obligations.
http://www.trd.fin.gov.on.ca/userfiles/HTML/cma_3_24414_1.html
Employer Health Tax (EHT)
Describes the main features of the EHT, including taxpayer rights and responsibilities under the Employer Health Tax Act
http://www.trd.fin.gov.on.ca/userfiles/HTML/cma_3_2697_1.html
For further information:
see the document
Employer Health Tax - EHT
Retention/Destruction of Books & Records
Explains the retention period required for Ontario tax purposes, before books and records can be destroyed.
http://www.trd.fin.gov.on.ca/userfiles/HTML/cma_3_20001_1.html
Voluntary Disclosure
Explains what voluntary compliance is and the basic principles under which Ontario's tax system operates.
http://www.trd.fin.gov.on.ca/userfiles/HTML/cma_3_19999_1.html
7. Resources and Web Sites of Interest
Citizenship and Immigration Canada
Ontario Council of Agencies Serving Immigrants
http://www.ocasi.org/index.php
Ministry of Citizenship and Immigration
http://www.citizenship.gov.on.ca/english/index.html
Opening Doors for Internationally Trained Individuals
http://www.citizenship.gov.on.ca/english/citdiv/apt/
Canada International
http://canadainternational.gc.ca/ci/main_menu-en.aspx
Settlement.Org - Welcome to Ontario
http://settlement.org/
Microskills
http://www.microskills.ca/
Canadian Information Centre for International Credentials
http://www.cicic.ca/indexe.stm
Hireimmigrants.ca
http://hireimmigrants.ca/home.htm
Toronto Region Immigrant Employment Council (TRIEC)
http://www.triec.ca/mentoring/
CanadaInfoNet.org (Canadian Information and Networking Services)
http://www.canadainfonet.org/home/default.asp?s=1
World Education Services- International Academic Credential Assessments and Evaluation
http://www.wes.org/ca/
Related Reading
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.
Links Policy
Some of the hypertext links lead to non-federal government sites which are not subject to the Official Languages Act and the material is available in one language only.
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