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QUEBEC LEGAL
ENVIRONMENT:
GREAT FOR BUSINESSES
Bernard Colas, LL.D.
CEDEC
Doing Business in Quebec
March 2016
CMKZ
CMKZ is a law firm founded in 2008 by a group of highly
specialized lawyers in international trade and business law
w...
Bernard Colas, LL.D.
• Has over 30 years of experience advising manufacturing,
technology and service businesses as well a...
Recipe
1. Create and operate a company in Quebec
2. Hire and fire local and foreign employees
3. Commercialize products an...
Create and Operate a Company
1. Find a Company Name
 With a French version or generic term
bcolas@cmkz.ca Quebec Legal Bu...
Create and Operate a Company
2. Incorporate a company under:
 Canada Business Corporations Act or
 Business Corporations...
Hire Foreign Employees
1. Temporary Work Permit for foreigners
 Labour Market Impact Assessment (unless
exempted)
 Certi...
Hire and Fire Employees
2. Work Contract - Employee/Consultant
 Minimum wage: $10.55
 Assignment of intellectual propert...
Commercialize Products
1. Product Certification
2. Product Packaging
and Labelling
 Bilingual Labelling
Information to
Co...
Commercialize Products and Services
3. Company Website and Advertisement
 Available in French
4. Services
 Regulated Pro...
Protect Intellectual Property
1. Patents and industrial designs
 Register with Canadian Intellectual Property Office
2. T...
Negotiate Contracts
1. Know your partner
2. Negotiate in good faith
 Obligation of good faith (Quebec Civil Code)
3. Draf...
Resolve Disputes - Courts
1. Alternative dispute settlement
 Mediation (Quebec Code of Civil Procedure)
2. Quebec Courts
...
Resolve Disputes - ADR
1. Mediation and ADR
 Mediators Certified by the Quebec Bar
 Institut de Médiation et d’Arbitrage...
Access Foreign Markets
• Free-Trade Agreements & WTO
bcolas@cmkz.ca Quebec Legal Business Environment 15
What is specific to Quebec ?
1. Create and operate a company
2. Hire and fire local and foreign employees
3. Commercialize...
Thank you
17
Bernard Colas, LL.D
Avocat | Attorney
T 514 288-2726 # 241 | bcolas@cmkz.ca
2020, boul. Robert-Bourassa #1920...
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Quebec legal environment: Great for businesses

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Quebec legal environment: Great for businesses

  1. 1. QUEBEC LEGAL ENVIRONMENT: GREAT FOR BUSINESSES Bernard Colas, LL.D. CEDEC Doing Business in Quebec March 2016
  2. 2. CMKZ CMKZ is a law firm founded in 2008 by a group of highly specialized lawyers in international trade and business law whose common vision is to advise companies globally and guide them locally. CMKZ provides legal services to entrepreneurs in their conquest of international markets and operations in Canada. CMKZ has a unique expertise in international trade and business law, as well as in the implementation of international trade agreements. cmkz.ca 2bcolas@cmkz.ca Quebec Legal Business Environment
  3. 3. Bernard Colas, LL.D. • Has over 30 years of experience advising manufacturing, technology and service businesses as well as foreign governments • Practiced international trade and intellectual property law in London (IFPI), Paris (OECD) and Montreal (CMKZ) • Presides the International Law Association, Canadian chapter and is Honorary Consul of Mauritania • Lectures and writes in international trade law bcolas@cmkz.ca Quebec Legal Business Environment 3
  4. 4. Recipe 1. Create and operate a company in Quebec 2. Hire and fire local and foreign employees 3. Commercialize products and services 4. Protect intellectual property 5. Negotiate contracts 6. Resolve disputes 7. Access foreign markets 4Quebec Legal Business Environmentbcolas@cmkz.ca
  5. 5. Create and Operate a Company 1. Find a Company Name  With a French version or generic term bcolas@cmkz.ca Quebec Legal Business Environment 5
  6. 6. Create and Operate a Company 2. Incorporate a company under:  Canada Business Corporations Act or  Business Corporations Act (Quebec) 3. Register the company  Quebec Company Registry 4. Get a GST/PST tax number 5. Pay corporate revenue taxes (Quebec)  Canadian controlled private corporations: 19%  Other corporations: 26% 6. Take advantage of International Tax Treaties bcolas@cmkz.ca Quebec Legal Business Environment 6
  7. 7. Hire Foreign Employees 1. Temporary Work Permit for foreigners  Labour Market Impact Assessment (unless exempted)  Certificate of acceptance of Quebec bcolas@cmkz.ca Quebec Legal Business Environment 7
  8. 8. Hire and Fire Employees 2. Work Contract - Employee/Consultant  Minimum wage: $10.55  Assignment of intellectual property  Protection of confidentiality information  Non-competition and non-solicitation (duration, territory) 3. Termination a. With cause  Termination notice with immediate effect b. Without cause  Reasonable notice of termination bcolas@cmkz.ca Quebec Legal Business Environment 8
  9. 9. Commercialize Products 1. Product Certification 2. Product Packaging and Labelling  Bilingual Labelling Information to Consumers  Prohibition against false information  Food, Drug, Textile and Hazardous Product Regulations bcolas@cmkz.ca Quebec Legal Business Environment 9
  10. 10. Commercialize Products and Services 3. Company Website and Advertisement  Available in French 4. Services  Regulated Professions  Construction codes and regulations bcolas@cmkz.ca Quebec Legal Business Environment 10
  11. 11. Protect Intellectual Property 1. Patents and industrial designs  Register with Canadian Intellectual Property Office 2. Trademarks  Register with Canadian Intellectual Property Office  Common law protection 3. Copyright  Optional registration of works with Copyright Office 4. Trade Secrets  Non-Disclosure Agreements bcolas@cmkz.ca Quebec Legal Business Environment 11
  12. 12. Negotiate Contracts 1. Know your partner 2. Negotiate in good faith  Obligation of good faith (Quebec Civil Code) 3. Draft clearly  In French, unless agreed otherwise (Quebec French Charter) 4. Select the governing Law  Freedom to select the governing law (QCC)  Quebec Law: Direct Damages… 5. Interpret the Contract  Intention of the parties (QCC) bcolas@cmkz.ca Quebec Legal Business Environment 12
  13. 13. Resolve Disputes - Courts 1. Alternative dispute settlement  Mediation (Quebec Code of Civil Procedure) 2. Quebec Courts a. Jurisdictions  Small Claims Court: - $15,000  Court of Quebec: - $85,000  Superior Court of Quebec: + $85,000 b. Procedure  Trials in English or French  Experienced judges  Documentary and witness evidence but no US style discovery bcolas@cmkz.ca Quebec Legal Business Environment 13
  14. 14. Resolve Disputes - ADR 1. Mediation and ADR  Mediators Certified by the Quebec Bar  Institut de Médiation et d’Arbitrage du Quebec 2. Arbitration a. Ad hoc  Quebec Code of Civil Procedure b. Institutional  Institut de Médiation et d’Arbitrage du Quebec  Canadian Commercial Arbitration Center  ADR Institute of Canada  ADR Chambers of Canada bcolas@cmkz.ca Quebec Legal Business Environment 14
  15. 15. Access Foreign Markets • Free-Trade Agreements & WTO bcolas@cmkz.ca Quebec Legal Business Environment 15
  16. 16. What is specific to Quebec ? 1. Create and operate a company 2. Hire and fire local and foreign employees 3. Commercialize products and services 4. Protect intellectual property 5. Negotiate contracts 6. Resolve disputes 7. Access foreign markets 16Quebec Legal Business Environmentbcolas@cmkz.ca
  17. 17. Thank you 17 Bernard Colas, LL.D Avocat | Attorney T 514 288-2726 # 241 | bcolas@cmkz.ca 2020, boul. Robert-Bourassa #1920, Montréal, QC, H3A 2A5, Canada Droit des affaires et du commerce international | International Trade and Business Law bcolas@cmkz.ca Quebec Legal Business Environment

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