Understanding Your Company’s Legal Obligations
The information provided below is for informational purposes only, is not intended to be construed as legal or any other type of professional advice or guidance and may not be accurate or suitable for your specific situation.
You have an incredible idea for a business. You’ve put in the time and written a comprehensive business plan. You’ve started building a brand and making efforts to engage your target audience. But before you start trading, it’s important to step back and consider whether your business needs to comply with any relevant federal or provincial legal requirements.
Whatever the industry in which you wish to operate, who you want to buy from or sell to, and how many (if any) people you employ, you are likely to run into compliance issues as a consequence of doing business. The more aware you are of these, the easier it will be to build your operational infrastructure around the relevant compliance issues.
Here’s what Canadian small business owners need to know.
Do I need a license or permit to do business in Canada?
Broadly speaking, there is no federal or provincial licensing system for businesses in Canada. Most start-ups can begin trading without a federal license or permit. The only exceptions for this are:
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Broadcasters
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Telecommunications companies
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Occasionally medical colleges may also require licensing or certification from relevant professional organizations
There may be requirements for provincial or municipal licensing depending on what you want to sell, where you want to sell it and to whom. Let’s take a look at some of the licenses and permits that you may be required to obtain in Canada.
Most common licenses and permits
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General business license – Your municipality may require you to have a general business license in order for you to start trading
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Federal business registration – If your businesses earns in excess of $30,000 per year, you must register with the Canada Revenue Agency (CRA)
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Provincial registration – Depending on the location of your business, you may need to register in your province. Check the requirements for your territory in the “useful resources” section below
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Doing Business As (DBA) license – This is necessary if your business operates under an assumed name, even a sole proprietorship
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Environmental permit – If your company handles or processes contaminants or pollutants, you need to obtain an environmental permit to ensure you handle and dispose of these materials properly
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Health permit – If you handle food and beverages, you require a health permit
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Police and fire permit – If your company admits members of the public as well as employees, you may require a police or fire permit
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Sales tax permit – If your business sells physical goods either online or offline, you may require a sales tax permit or seller’s permit
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Signage permit – If you operate from physical premises, your municipality may require you to acquire a permit for your signage
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Zoning permit – Municipal authorities must approve which businesses can operate within the city’s limits. Check with your local city hall to see which zoning permits you may need
Do I need to register my business?
Not all businesses need to register with the CRA. If your business, or its employees, earns less than $30,000 per year, you will not need to register. If you exceed this threshold, however, you must obtain a Business Number from the CRA. Depending on the nature of your operations, you may also need to register with some of the following programs:
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Goods and Services Tax (GST) or Harmonized Sales Tax (HST)
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Payroll taxes, including Canada Pension Plan contributions
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Corporate income tax
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Import or export duties
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Excise duties
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Registered charity work
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Insurance premium tax
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Air travellers security charge
Do I need a license to work from home?
Many freelancers and sole proprietors work from home, including:
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Graphic designers
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Web and app developers
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Copywriters
These would most likely not need a license to work from home. However, if you use your home as a business premises that admits members of the public (like daycare operators or private tutors), you may need to obtain a license to run your business from home. Business insurance, such as public liability insurance, would likely also need to be obtained.
Understanding data privacy compliance
As a consequence of doing business, your company may well find itself handling sensitive personal data for customers, employees and stakeholders. Therefore, you must adhere to strict data privacy regulations in order to ensure that data is handled, stored and disposed of properly.
Common examples of sensitive data include:
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Names
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ID numbers
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Employee income details
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Credit records
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Loan records
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Medical records
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Dispute records
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Opinions, comments and personal disclosures
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Employee files and evaluations
PIPEDA
Although there is no single uniform set of regulations for Canadian data compliance, the Personal Information Protection and Electronic Documents Act (PIPEDA) is as close as it gets.
PIPEDA applies to all businesses and organizations that collect, use or disclose personal data through the course of their business operations.
Alberta, British Columbia and Quebec have their own data privacy laws pertaining to the private sector. However, these are functionally very similar to PIPEDA.
In order to protect personal data, you must follow 10 principles of fair information in all data governance. These are:
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Accountability
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Identifying purposes
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Consent
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Limiting use, disclosure and retention
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Limiting collection
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Accuracy
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Safeguards
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Openness
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Individual access
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Challenging compliance
GDPR
Businesses that are international in scope may need to adhere to the data protection and privacy laws of other nations. The most prominent example of this is Europe’s General Data Protection Regulation, or GDPR. This set of regulations applies to Canadian businesses that either:
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Offer goods or services to customers within the European Union (EU)
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Monitor the behaviour of individuals within the EU
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Have an establishment within the EU
You can find out more about GDPR compliance from the European Commission website.
Labour and employment laws
If your company has (or will have) employees, you are also liable for compliance with labour and employment laws. Depending on the areas in which your company operates, federal or provincial laws may apply. While these are numerous, here is a brief summary of employers’ minimum obligations to their employees under Canada Employment Law:
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Most provinces define a working week as 40 hours, although there is some variance between provinces
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States such as Ontario also have enshrined a “right to disconnect” for employees
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Employees are entitled to statutory benefits such as employment insurance, sick leave, maternity/paternity leave and Canadian Pension Plan contributions
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Employers have an obligation to pay employees at least the statutory minimum wage for their province
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Federal employees are generally entitled to a minimum of two weeks of annual vacation, while many provinces allow a minimum of three weeks
Ensuring tax compliance
As well as paying business income tax on your company’s earnings, you may be liable for Goods and Services Tax (GST) or Harmonized Sales Tax (HST). Unless you are classed as a small supplier (a company earning less than $30,000 per year), this will apply if you sell goods or services anywhere in Canada. Non-profit organizations and public service bodies may earn up to $50,000 per year without paying GST. Rates range from 5% to 15% depending on your province.
Choosing the right business structure
When setting up your business, it is important to set up the right business structure to ensure that your tax liability is appropriate.
There are three main business structures in Canada:
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Sole proprietorship
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Partnership
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Corporation
Sole proprietors can still have employees, but they are personally liable for their tax payments and other debts.
Partnerships are not recognized as distinct entities for tax purposes, and partners share tax liability. However, in some provinces a Limited Liability Partnership may be available.
Corporations are separate entities distinct from the company owners. The business is liable for any tax payments outstanding, rather than any individuals that own it.
Provincial registration explained
When it comes to sales tax, registration may vary depending on your province. Alberta and the Northern territories, for instance, have no sales tax, while other provinces have harmonized their sales tax with that of the federal government. Some territories like Nova Scotia have their own independent provincial sales tax.
It is your responsibility to determine which tax regimes apply to your company.
Useful resources
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Get an overview of your obligations at a glance. Take a look at this small business checklist from the Canada Revenue Agency
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If your business earns over $30,000 per year, visit the CRA website to register your company
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Feeling nervous about reporting your taxes? The CRA has a useful guide to business income tax reporting
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If you want to ensure labour law compliance, the Canada Employment Law section of the government website is an invaluable guide
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If you want to obtain a business number for your company, the CRA has the form you will need
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You can find everything you need to know about PIPEDA compliance from the Office of the Privacy Commissioner of Canada’s website
Still not sure which regulations apply to you? Take a look at the business registration requirements for:
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