IMMIGRAFFAIRES - Bienvenue - Montréal · PDF fileThe masculine form is used in this...

2010 EDITION

IMMIGRAFFAIRESGuide for immigrants who want to start a business in Québec

This guide was produced by SAJE

This guide was designed and produced by :SAJE505 René-Lévesque West, suite 510Montréal (Québec) H2Z 1Y7514-861-7253www.sajeenaffaires.orgwww.immigraffaires.org

This guide was produced with the financial support of the ministère des Affaires municipales, des Régions et de l’Occupation du territoire.

All rights reserved. Reproduction in whole or in part, by any graphic, electronic or mechanical means whatsoever is strictly prohibited without the express permission of the author.

Legal deposit: Bibliothèque et Archives nationales du Québec, 2009.National Library of Canada, 2009.ISBN 978-2-9811546-0-6

Project supervision: Vincent LecorneCoordination: Hélène VeilleuxResearch: Hélène Veilleux, Mihail Matache, Caroline Delorme, Nawal HananiWriting: Hélène Veilleux, Mihail Matache, Caroline Delorme, André Menand, Me Frédéric Letendre, Me Maude FréchetteCopywriting: Yasmina El JamaïTranslation: Wendi Peterson, C.Tr.Graphic design: Denise DupaulPrinting: Gibraltar

The information in this guide should be considered a guideline. To determine whether any changes have been made to this information, we recommend that you contact the reference organizations directly.

The masculine form is used in this document for the sole purpose of simplifying the text.

The interior pages of this guide are printed on 100 % recycled paper

The ImmigrAffaires guide is the result of extensive collaboration with many participants without whom the project would never have been achieved.

First and foremost, the SAJE would like to thank our financial partner, the ministère des Affaires municipales, des Régions et de l’Occupation du territoire,

for its interest in immigrant entrepreneurship.

Vincent Lecorne, assistant executive director of the SAJE, supervised the project with skill and enthusiasm, and for this we thank him. Hélène Veilleux, management and orientation consultant with the SAJE,

coordinated the project, and we owe her our thanks and congratulations for her commitment and attention to detail.

Several organizations also contributed to the creation of the ImmigrAffaires guide. We would like to thank all the following contributors and organizations

whose invaluable assistance made it possible for the SAJE to provide promoters and entrepreneurs with a complete and thorough guide:

the ministère de l’Immigration et des Communautés culturelles, the ministère des Affaires municipales, des Régions et de l’Occupation du territoire,

Valérie Vinuesa from Acto-Marketing, Vanessa Kanga from the Carrefour jeunesse-emploi Côte-des-Neiges,

Marie-Pierre Veilleux from the Montréal Metropolitan Chamber of Commerce, Saliou Coundoul from the Chantier d’Afrique du Canada, Danny Roy and Ricardo Acevedo

from the Conférence régionale des élus de Montréal, Robinson Moïse from the Corporation de développement économique communautaire Ahuntsic-Cartierville,

Anissa Kherrati from the Corporation de développement économique communautaire Côte-des-Neiges/Notre-Dame-de-Grâce, Didier-K. Muamba

from the Corporation de développement économique communautaire Rosemont/Petite-Patrie, Aziz Guellouz from Développement économique LaSalle, Jacinthe Daoust from Info entrepreneurs,

Cyriaque Sumu from Interconnexion Nord-Sud, Linda Boughettaïa from the PITREM, Komlan Messie from the Réseau des Entrepreneurs et Professionnels Africains,

Abderrahmane Bénariba from the Service d’aide aux jeunes entrepreneurs Montréal Centre and Nawal Hanani, Sylvain Martin, Jérôme Matas, Caroline Trudel,

Julia Vallelunga, Nizar Zaghdani, Manon Bisaillon, and Aurélie Alaume from the SAJE.

Several immigrant entrepreneurs also helped enrich this guide by sharing their experiences with us: Nguyen Dinh Ba from Dinh Ba Design, Gilles Barbot from Esprit de corps, Alexandre Pernetta from

La Cuisine de Lili Margot, Mourad Ghariani from Les Aliments Magrebia inc., Yasmina El Jamaï from Média et Rédacktica Pro, Susana Jimenez from Pâtisserie S&S, Medhi Benboubakeur from

Magazine Réussir Ici and Magatte Fall from Transafrique Canada inc.

Finally, our warmest thanks to our legal advisors Maude Fréchette and Frédéric Letendre of Lafortune Cadieux, s.e.n.c.r.l., whose wealth of knowledge afforded us valuable advice.

Michel FortinExecutive Director

SAJE

SAJE acknowledgements

IMMIGRAFFAIRES - 3

Here in Québec, immigrant entrepreneurs are welcomed with open arms!

In recent years, more and more immigrants have been deciding to settle in Québec. The newcomers are mainly from Morocco, France, China, Algeria, Romania, Columbia, Mexico, India, Haiti and Lebanon. Many decide to leave their home country to improve their economic situation. Québec society has to be ready to welcome these immigrants and assist them in their social and professional adjustment process. Some of these newcomers will look for jobs, but others will decide to create their own businesses as entrepreneurs. These new arrivals have as much to offer the business world as people of Québec origin.

Our primary goal is to give them information and training. Then we will give them the tools to make the Québec business model work for them, so their business will be a success. We welcome all immigrants who want to set up a business in Montréal. Their expertise and cultural background can be significant factors in the creation of their own business. It is up to us to support them and direct them toward the appropriate resources.

SAJE is increasingly aware of the needs of our immigrant clients, and as such we have signed agreements with organizations that deal directly with newcomers. The various cultural communities are among the most effective incubators of entrepreneurship in Montréal, so it is particularly important to build a solid and united network of entrepreneurs.

Since our challenge is to open up to the new realities and emerging needs of our clients, it made a lot of sense for us to develop a reference guide. Today we are especially proud to unveil the ImmigrAffaires guide. ImmigrAffaires is a resource that provides a wealth of information to immigrants about the job market and the business world in Québec. We hope that all this information and these references will help a growing number of immigrants leverage their own expertise to create thriving businesses here in Québec.

I wish all the best to all our immigrants.

Michel FortinExecutive DirectorSAJE

IMMIGR AFFAIRESa message from our executive director

IMMIGR AFFAIRESfinancial partner

Going into business is an adventure, one that requires proper preparation, especially if you are starting out in a place that is not your country of origin, where you must decode a different business culture and learn what to do.

This is what makes the ImmigrAffaires guide such an important tool. It assembles all kinds of information to give immigrants who want to start businesses in Québec valuable data and references. Using the guide will make it easier to set up and launch a planned business, as well as integrate it with the city’s business community.

Every new arrival who comes to Québec has a cultural background, knowledge and experience that enrich our society. This is especially true of entrepreneurs, go-getters who have determination and vision. Their drive, creativity, innovative approach and original ideas propel the development of Québec’s economy.

I wish every success to those who dare to take on the challenge.

Laurent LessardMinister for Municipal Affairs, Regions and Land Occupancy

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IMMIGRAFFAIRES - 5

IMMIGR AFFAIREStable of contents

PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

LEGAL PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

FROM IDEA TO BUSINESS OPPORTUNITY

Part 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11BEING AN IMMIGRANT ENTREPRENEUR IN QUÉBEC• Yourstatus• Importanceoftheofficiallanguage• Recognitionofdiplomas,trades,permitsand

competency certificates• Challengesforentrepreneursduringstart-up

Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15BUSINESS RULES AND CULTURE IN QUÉBEC• Importanceofcultureinbusiness• Interpersonalrelationshipsinbusiness• SpecificcharacteristicsofthebusinesscultureinQuébec• ImportanceandpracticalitiesofbusinessnetworkinginQuébec

Part 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19EVALUATING THE POTENTIAL SUCCESS OF YOUR PROJECT• Areyoumeanttobeanentrepreneur?• Isyourideareallyabusinessopportunity?

FROM PLANNING TO START-UP

Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23BUSINESS START-UP PROCESS IN QUÉBEC• Differentwaystogointobusiness• Importanceofthebusinessplanandmodelsofbusinessplans• Choiceofcorporatestructure• Businessregistration• Requiredpermits,licensesandinsurances• Intellectualproperty

• Marketingstrategiesandcustomerservice• Sourcesoffinancing• Locationandwheretolookforbusinesspremises• Commerciallease• Importsandexports

Part 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39PROGRAMS AND COURSES FOR ENTREPRENEURS AND SELF-EMPLOYED WORKERS IN QUEBEC

Part 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43THE ACCOUNTING AND TAX SYSTEM IN QUÉBEC• Incometaxes• GST(goodsandservicestax)andQST(Québecsalestax)• Sourcedeductionsandcontributions• Bookkeeping

Part 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49LABOUR STANDARDS IN QUÉBEC• Humanresourcesmanagement• Publicholidays• ActrespectingLabourStandards• Recourse• Minimumwage• Withholdingtaxesandcontributions• Hireanemployee• Humanrights• Self-employedworkers’rightstoemploymentinsurancebenefits

and parental leave benefits

ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

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IMMIGR AFFAIREStable of contents

IMMIGRAFFAIRES - 7

From Algeria to Québec

Having started two businesses in Algeria, I understand that achieving a goal can take some time. The task can be a challenge, and the road is all the harder when the entrepreneur is an immigrant. When I arrived in Montréal, my decision to start a business was not solely motivated by the desire to create wealth by bringing a business idea to life. I also viewed the project as an important factor in my own integration.

Whether or not they are immigrants, entrepreneurs all come bearing plans that exemplify the challenge of innovation. They venture outside their comfort zones and face down their fears. And it is not unusual for entrepreneurs to encounter resistance concerning the originality or viability of their projects. They need lots of willpower and patience to achieve their goals.

The face of Québec has changed profoundly in the last few decades. In anticipation of major economic and demographic challenges, Québec has begun to rely on the contributions of immigrants. I am convinced that the ideas of people from the four corners of the earth have helped establish and communicate the image of a creative and innovative Québec society.

According to small business financing surveys carried out by Industry Canada, the number of businesses belonging to visible minorities increased by 25% from 2004 to 2007. Those belonging to new arrivals doubled. Furthermore, visible minorities and new arrivals hold a majority stake in about 20% of businesses in the knowledge industry.

The entrepreneurs who direct these businesses demonstrate great creativity, in part due to their cultural background in a market where economic competition is fierce. And let’s remember that for centuries, business has nurtured not only the economic integration of business owners but their social integration as well.

Encouraging integration through business creation relies on coaching, but the specific needs of every entrepreneur are very different. That’s only to be expected, given the incredible diversity of entrepreneurial profiles: a retailer does not necessarily have the same needs as a small business owner, an entrepreneur in the start-up phase or someone practising one of the liberal professions.

In addition to coaching, what new entrepreneurs really need is a reliable source of information that clearly explains the ins and outs of the Québec business world. The ImmigrAffaires guide fulfils this very need by combining valuable information, a wealth of practical tips and guidelines, as well as the contact information for a variety of stakeholders, organizations, and financial institutions that can contribute to the success of the business venture.

Finally, we can improve our chances of success by developing a solid business network and accessing mentors who can share with us the most valuable fruit of their efforts: their knowledge.

Mehdi BenboubakeurCo-founder and CEOMagazine Réussir Ici

IMMIGR AFFAIRES preface

Everyone is presumed to know the law!

When you launch a start-up or acquire an existing business, you will no doubt encounter a whole variety of pitfalls, but you will achieve victories as well. One of the best ways to make sure this experience is a success is to surround yourself with the right people. It’s true: one of the keys to business success is the team you work with. It’s risky to suppose you can do it all by yourself.

In Québec, an accountant and a lawyer are indispensable partners in business start-up or acquisition. These professionals should be part of your team, because everyone is presumed to know the law. Whether they’re born in Québec, have just arrived in Canada or have been here for 10 years, all Quebecers are subject to the same laws and are treated equally under the law. Don’t imagine that since you’ve only been here six months you’ll be exempted from any of the rules related to the signature of your commercial lease or the incorporation of your firm. Too often, in my job, I run into tricky situations that have a significant negative impact on entrepreneurs, their finances and their families – situations that could easily have been avoided if the entrepreneur had consulted a lawyer.

Unlike some other countries, North American business lawyers can be engaged to act as business consultants when there are no matters in dispute, thus providing preventive advice. For example, entrepreneurs should hire a lawyer even before they incorporate in order to avoid common errors and anticipate various aspects of the new company’s growth.

Likewise, corporate bylaws and legal structure may differ enormously from one country to another. To some extent, laws reflect the choices and values of the society that creates them. Not surprisingly, issues and disputes are not organized and resolved in the same way all over the world. When it comes to contracts, business relations, incorporation and many other business-related issues, Québec is governed by its own legal rules. Even though we have a Civil Code and speak French, our legal practices are not identical to those of France or Belgium. So it is important to be well informed before doing anything you will later regret. The ImmigrAffaires guide includes chapters on legal matters.

The success or failure of your business project will depend on a host of social, cultural, human, accounting, legal, taxation, and marketing factors, etc. The purpose of the ImmigrAffaires guide is to put you in touch with resources that can help you understand and take charge of all these success factors. I hope that SAJE and the ImmigrAffaires guide will be an integral part of your team.

Frédéric LetendreLawyer and Trademark AgentLafortune Cadieux, s.e.n.c.r.l.andChair of the Board of Directors of SAJE

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IMMIGR AFFAIRESlegal preface

IMMIGRAFFAIRES - 9

IMMIGR AFFAIRESintroduction

Dear readers,

We hope you enjoy ImmigrAffaires, the guide for immigrants who want to start a business in Québec. This volume will guide you throughout the process of your business start-up.

Portrait of Québec businesses “Small businesses” account for nearly 50% of all jobs in Québec. About three-quarters of

Québec companies employ five or fewer people, and about 98% of them employ fewer than 100. The threshold of 100 employees or fewer is often used to define what we call “small” businesses.

According to a May 2008 study by the ministère du Développement économique, de l’Innovation et de l’Exportation du Québec, nearly 30,000 businesses are created every year in Québec, 92% of which have fewer than five employees. These new businesses exhibit keen resolve in developing new niches, using new technologies and marketing innovative goods and services. Companies that have been in business for just one year create about 20-25% of the new jobs in Québec.

Small businesses with fewer than 100 employees are the main driver of the economy. In 2002, small businesses contributed to the creation of nearly 90% of new jobs. And almost nothing has changed since then, because small businesses are still creating new jobs, even during the current economic slowdown.

As an immigrant, you have skills and professional experience that may set you apart from established Québec businesses. Entrepreneurship draws deeply on your knowledge and your personal background. All you have to do is transform your idea into a business opportunity that will be rewarding for you and for Québec.

This guide is a reference tool. To make your business project a success, you should – and we strongly recommend that you do – make contact with one of the business start-up assistance organizations described in this document. The information presented here provides the main guidelines for starting a business in Québec, but your efforts will only be complete if you seek the help of competent resources.

Before you get started…Before you take the first steps toward creating your business, you need to ask yourself whether

youarecomfortablysettledinQuébec.Areyourbasicneedsmet(housing,food,clothing,etc.)?If not, please go to Appendix 1 to find the names of some organizations that can help you. It is important for you to be well settled before you go into business. That way you can dedicate yourself fully to your business project and devote your attention to achieving your business idea.

IMMIGRAFFAIRES - 11

Nguyen Dinh BaOriginally from Viet Nam

President and designerDinh Ba Design

www.dinhbadesign.com

IMMIGR AFFAIRES

“It is important to surround yourself with experienced people, to establish a vision of the future, and to pay close

attention to every point of sale, because they are your guarantee of a prosperous future for the company.”

PART 1

being an immigrant entrepreneur in Québec

PART 1

PART

1IMMIGR AFFAIRES

If you are an immigrant, starting a business can be a way to contribute to your new country and achieve one of your own dreams. No matter what your personal situation is, you have to be a permanent resident (landed immigrant) or a Canadian citizen in order to create or operate a business in Canada.

Your statusIt is very important for you to know

what your status is before embarking on a business start-up. If you are uncertain about the status of your immigration file, you can find out from Citizenship and Immigration Canada.

To obtain integration services for immigrants, please consult the ministère de l’Immigration et des Communautés culturelles website at www .immigration-quebec .gouv .qc .ca

“I am a landed immigrant or

Canadian citizen and I want to start a business”

If you want to create or start a business, you can get information about a variety of services, training opportunities, activities, etc., from the following business support organizations:

K Info entrepreneurs : 514-496-4636 or www .entreprisescanada .ca

K Services Québec-Entreprises : 514-644-4545 or www .entreprises .gouv .qc .ca

K SAJE : 514-861-7253 or www .sajeenaffaires .org

K Service d’aide aux jeunes entrepreneurs Montréal Centre : 514-485-7253 or www .sajemontrealcentre .com

KCentrelocaldedéveloppement(CLD)(localdevelopmentcentre)orCorporationde développement économique communautaire(CDEC)(community

economicdevelopmentcorporation) in your borough: see the list of CLDs and CDECs in Montréal in Appendix 2 or visit one of the following sites: www .acldq .qc .ca, www .mdeie .gouv .qc .ca or www .mamrot .gouv .qc .ca

KCarrefoursjeunesse-emploi(CJE)(youthemploymentcentre)forentrepreneurshipinformation: see the list of CJEs in Montréal in Appendix 3 or go to the CJE Network website at www .cjereseau .org

K YESMontréal(YouthEmployment Services) – services for Anglo- phones: 514-878-9788 or www .yesmtl .org

K Compagnie-F – Entrepreneurship for women: 514-381-7333 or www .compagnie-f .org

K Other resources can be found in Appendix 4.

Importance of the official languageFrench in Québec

In the rest of Canada, the official languages are English and French, but in Québec French is the only official language. The French Language Charter, often called “Bill 101,” obliges businesses in Québec to use French in their commercial signage. All companies must also offer both oral and written services in French. Businesses that do not comply with Bill 101 on French signs are in violation of the law and liable to a fine.

In Québec, the language of business is French, but companies may also use other languages.

French coursesThere are a number of organizations

that assist immigrants in their efforts to learnFrench.Youcanenrolinaprogramthatreflects your grasp of the language and your needs. The Québec government places a good deal of importance on learning French. Many free French courses are available, and grants are offered by the ministère de l’Immigration et des Communùutés culturelles (MICC)undercetainconditions.

PART 1

Citizenship and Immigration Canada1-888-242-2100 www.cic.gc.ca

Immigration-Québec 514-864-9191 www.immigration-quebec.gouv.qc.ca

To find out more about the use of French in businesses, general obligations concerning the language of work, commerce and business, violations, fines and sanctions, contact the Office québécois de la langue française1-888-873-6202www.olf.gouv.qc.ca

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PART 1

Full-time and part-time courses are offered in all the regions of Québec. Anyone can sign up through the MICC website at www .immigration-quebec .gouv .qc .ca, in the ‘‘Learn French in Québec’’ section. YoucanalsoimproveyourFrenchdirectlyonlineat www .francisationenligne .gouv .qc .ca. The school boards offer French courses too.

For more information, visit the ministère de l’Éducation, du Loisir et du Sport website at www .mels .gouv .qc .ca

Recognition of diplomas, trades, permits and competency certificatesRegulated professions and tradesDepending on the profession or trade you want to practise in your business, you may need to obtain authorization from a regulatory organization. This is the case if, for example, you want to practise a profession that is governed by a professional order or a trade in the construction industry.

For information on regulated professions and trades, please go to the Immigration-Québec website at www .immigration-quebec .gouv .qc .ca, and look in the “Employment” section. This section also offers information on obtaining an Évaluation comparative des études effectuées hors du Québec(ComparativeEvaluationforStudiesDoneOutsideQuébec).

Professions governed by a professional order

Professional orders are mandated to protect the public, and as such they have the power to set access criteria and standards of practice, to evaluate competencies and diplomas, and

to grant certificates or permits to qualified individuals. A list of professions governed by professional orders can be found in Appendix 5.

If you did your training abroad, you have to submit to a competency recognition process. To recognize your training or diploma, the order may also require you to complete a study program, internship or examination. It is in your best interests to contact the professional order in question before you come to Québec, so you can evaluate the steps you will have to take to obtain a license and register with the order.

Trades in the construction industry

The Building Act requires everyone who wishes to act as a construction contractor to hold a license issued by the Régie du bâtiment duQuébec(RBQ).Formoreinformation, please refer to the RBQ website at www .rbq .gouv .qc .ca .

Furthermore, to practise a regulated construction trade in Québec, you need a competency certificate issued by the Commission de la construction du Québec (CCQ).Thecertificateatteststhatyouhavetheskills needed to work on Québec worksites.

The construction industry comprises two major job categories: trades and occupations. Unlike occupations, trades are subject to an apprenticeship process that is established by regulation. There are 26 trades and some 40 occupations. To learn more about construction industry trades and occupations, refer to the Commission de la construction du Québec (CCQ)websiteatwww .ccq .org or call 514-341-2686.

Challenges for entrepreneurs during start-up

The decision to start or take over a business may be rooted in a business opportunity, a need for personal achievement, a dream clamouring to be realized or any number of other reasons. Challenges of varying degrees may arise before, during or after the start-up process, so you have to be ready for them in order to respond effectively. Here are a few of the obstacles you might encounter.

PART 1

Immigration-Québec

www.immigration-quebec.gouv.qc.ca

IMMIGRAFFAIRES - 13

Office des professions du Québec

www.opq.gouv.qc.ca or 1-800-643-6912

Conseil interprofessionnel du Québec

(Theassociation of professional orders

ofQuébec) www. professions-quebec.org

or 514 288-3574

Commission de la construction du

Québec(CCQ)www.ccq.org or

514-341-2686

Régie du bâtiment du Québec

www.rbq.gouv.qc.ca 514-873-0976


PART

13 Financial

The initial start-up investment is often the biggest obstacle to financing it. There are, however, many financial institutions and organizationsthatofferloans(undercertainconditions)toentrepreneurswhohaveagoodidea and an excellent business plan.

3 InformationalThe business start-up process will not necessarily be self-explanatory to you as an immigrant and future entrepreneur. The most important thing is to knock at the right doors. One fast, reliable way to find business information is to phone Info Entrepreneurs at 514-496-4636 or go to www .entreprisescanada .ca

Counsellors at one of the many business start-uporganizations(seelistinAppendix2)can also help you find your way – for free!

3 LinguisticTo start a business in Québec, it is crucial

to know the province’s official language, which is French. If you can’t communicate well in French, you can sign up for French courses with a recognized organization.

3 TechnicalYouwillalmostalwaysneedabusiness

plan to get any type of financing – loans or grants. A business plan is a document that helps you structure your business idea, from the business offer to planning and market studies to market planning, operations management and financial projections. Yourbusinessplanisyourpassporttoachieving your business goals.

3 CulturalWhat is considered “normal” in one

culture may be anything but in another. Yourculturalbackgroundwillaffectyourreaction to the cultural differences you encounter as you adjust to your new home – and even for many years afterward. If you feel that you are going through culture shock, visit the Canadian International Development Agency at www .acdi-cida .gc .ca for information and advice.

3 NetworkingAs a future entrepreneur, you need

to expand your professional networks in

order to maximize your business opportunities. Part 2 of this guide will provide you with more details on this important aspect of your business success.

Risks and personal implications

Being an entrepreneur requires energy and time. To understand the commitment demanded by entrepreneurship, you need to learn more aboutitandeverythingitinvolves.Youshouldbe aware of the personal and professional implications it entails. Are you ready to deal withalltheseconditionsandobstacles? Here is some food for thought to help you figure out whether you are suited for the entrepreneurial lifestyle and whether you have what it takes to make your project a success.

Advantages : 3 Create your own job3 Take advantage of a business

opportunity that allows you to bring your ideas to life

3 Make use of your full potential and feel accomplished

3 Spend your time doing something other than the typical 9-to-5 routine, etc.

Personal implications: 3 Work long hours for the company3 Dedicate a lot of time to your

business project 3 Earn a lower income for a given

period, etc.

Professional implications:3 Understand that the start-up process

is slow3 Take – and take responsibility for –

calculated risks 3 Understand that everything is resting

on your shoulders3 Deal with economic difficulties and manage

almost constant stress3Takeonseveralroles(prospecting,

production,development),etc.

Advice:Youmayneedtotakeajobinanother organization if your own business is bringing in little or no income. This will allow you to pay your personal bills. It can also be a good opportunity to get more work experience and develop your network of contacts in Québec, which will be useful in your future business dealings. •

PART 1

14 - IMMIGRAFFAIRES


PART 2

business rules and culture in Québec

PART 2

Yasmina El JamaïOriginally from Morocco

President and certified editorMédia et Rédaktica Pro

www.media-redaktica.com

“It is crucial to spread the word about your company by joining associations and chambers of commerce, and by getting involved as a volunteer on a board of directors.

That visibility will definitely pay off.”

IMMIGR AFFAIRES

IMMIGRAFFAIRES - 15

IMMIGR AFFImportance of culture in business

From one country to another, lifestyle, customs and daily habits may change. That’s why it is so crucially important, for the success of your business, to understand the cultural differences, perceptions, stereotypes and values of Québec.

Some cultural mistakes can cost you clients or cause you to lose a business opportunity.Youneedtomodelyourbehaviour on the people who come from the country where you will be doing business.

To improve your understanding of Québec culture, make a list of the specific characteristics of your native country, the reasons you emigrated, the languages you speak and write, your religion, your old jobs, your personal and professional status, your beliefs, your family background, and so on. By becoming more aware of who you are and where you are from, you will improve your understanding of Québec culture. Montréal is a multicultural city where business is carried out in a variety of ways, so it is important to watch and learn.

Interpersonal relationships in business

To help you improve your interpersonal and professional relationships and nurture their development, we would like to share some tips and advice:

K Get involved in a business network

K Go to shopping centres and watch how people interact

K Buy books on Québec culture and expression

K Read books by Québec authors

K Speak to your neighbours

K Read your neighbourhood newspaper and take part in community activities

K Go see a performance or play at your local Maison de la culture

K Volunteer at your local community centre

K Go to neighbourhood events and chat with other families

K Take note of people’s reactions to the things you say

Specific characteristics of the business culture in Québec

In Québec, there are a few business rules that are very important to uphold, even though they may seem official and officious. It is very important for immigrants to pay close attention to the specific characteristics of the Québec business world.

Attitudes and behaviours to adopt

We have put together a short description of some common behavioural traits of Québec businesspeople, but it is only by spending time with them that you will learn how to behave and react in various situations.

Customary practices1. In Québec, when you meet someone

for the first time and you are speaking to them in French, it is best to say “Monsieur” or “Madame” and to address them as “vous.” In English, say “Mr.” or “Ms.” and use the person’s last name.

2. After meeting with the same clients or business partners a few times, you can usually start calling them by their first name.

3. At business meetings, it is customary to shake hands firmly when you arrive and when you leave.

4. Quebecers are punctual and associate punctuality with respect. Always be on time, and if you think you might be delayed, call the person you are meeting before the meeting begins. Apologize for being late as soon as you arrive.

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PART

2

and greeting people are appreciated and expected.

Professional and business discussions1. In Québec, business meetings are

structured around a schedule that outlines the points of discussion.

2. It is common to begin the discussion with some informal talk about sports, the weather, etc., and to end on a positive note. Business is discussed in the middle of the meeting.

3. Business cards are exchanged at a first meeting.

4. In Québec, men and women are treated equally in business. If a woman asks you a question, make eye contact and direct your response to her.

5. If you invite a business partner to a restaurant, make sure you take care of the bill, because the inviter is usually expected to pay.

6. For a business meeting at a restaurant, we recommend that you go somewhere you know well, so you can be sure there are no nasty surprises. If your guest orders adrink(wine,beer,etc.),itisconsideredpolite to order one too. If your guest does not order any alcohol, it is considered impolite to do so.

7. Calmness and tolerance are valued by Quebecers during negotiations. Personal or disrespectful statements can spoil your business relations. Above all, avoid raising your voice and getting into conflict with your partners or clients! In general, people who stay calm are highly regarded.

8. During negotiations, be prepared to give reasons to justify an offer or a price.

9. During a business or negotiation meeting, Quebecers speak in turn. It is not considered polite to interrupt each other.

10. In conversation, it is better to go directly to the point, rather than speaking for a long time.

Importance and practicalities of business networking in Québec

Business networking means meeting with other people to develop relationships that will be beneficial for the business.

5. It is best to arrive five minutes early for any meeting.

6. It is considered rude to speak in a foreign language in front of people who don’t understand it well.

7. It is best to turn off your cell phone during meetings. If you are expecting an important call, put your phone on vibrate, slip out of the room quietly and excuse yourself when you return.

8. When you promise someone a service, a price, etc., you have to deliver what you agreed.Yourcredibilitymaybeaffectedif you do not deliver what you promised. The value of your word is at stake!

9. In Québec, the hierarchy is relatively flexible.Youmaycontactahigher-up or an executive directly, with no intermediary, to invite them to come and meet with you. Relationships tend to be friendly rather than formal.

10.Quebecers are curious and may ask you questions about your background without necessarily wanting to establish a personal friendship.

11.Government employees cannot accepts donations or presents in anyway related to their official functions.

Recommended business attire1. Depending on the kind of meetings you

are attending, the appropriate attire may range from classic and conservative to relaxed(forexample,businesssuitandtie for a negotiation meeting and more casual attire for a happy hour inarestaurant).

2. To avoid displeasing or distracting your clients or partners, please do not wear cologne. Some of the people you are meeting with may even be allergic to perfume.

Body language and eye contact1. Direct eye contact is valued and

appreciated in conversations between two or several people. For Quebecers, this attitude demonstrates your sincerity and interest in the conversation.

2. Quebecers rarely touch each other while conversing. They maintain a distance of about 60 centimetres. They feel uncomfortable when this personal space is invaded.

3. Common courtesies such as opening and holding the door for others, smiling,

PART 2business rules and culture in Québec

IMMIGRAFFAIRES - 17

PART 2

Youcanparticipateindifferentactivitiesorganized by people in the business world in order to expand your network of professional contacts. These activities are often great opportunities to find business partners, clients, suppliers, mentors, and so on.

The kind of activities offered include breakfasts, lunches or dinner, cocktail hours, presentations, training events, etc. These events are often organized by Chambers of Commerce, associations or business groups. To become a member of a Chamber of Commerce or to learn more about the different business groups in your area or industry, turn to Appendix 6.

Tips and advice1. Join a business group as soon as you can

and get involved in organizing activities related to your area of expertise.

2. Québec businesspeople love networking activities – so join in and get talking. And don’t forget to pass out your business card!

Sample business card :

Here is the information you should put on your business card

NOTE: YoumusthaveFrenchbusinesscards,although you may have cards in another language or bilingual cards. If the card is bilingual, the French must be at least as prominent as the other language.

K Name of your businessK Yourfirstandlastnamesandtitle

(e.g.,accountant,landscaper,owner,president,etc.)

K Contactinformation(mailingaddress,phone number, fax number, email address, websiteaddress,etc.)

3. If you are embarrassed to go to a networking activity alone, find a friend to go with you the first few times. Over time, you will develop more confidence and be less embarrassed to go alone.

4. Be prepared to shake hands and smile. These small gestures help start your business conversations on the right foot.

5. Don’t be passive at networking activities. Speak to others and take part in discussions to show that you are interested.

6. Find a mentor. A mentor can guide you and offer valuable advice and references.•

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Repair Experts inc. Joseph Adams

Business owner

505, René-Lévesque blvd. West Montréal (Québec) H2Z 1Y7

Phone : 514 [email protected]

www.repair-experts.com PART

2

IMMIGRAFFAIRES - 19

PART 3

evaluating the potential success of your project

PART 3

Magatte FallOriginally from Senegal

PresidentTransafrique Canada Inc.

www.transafriquecanada.com

“To make your business project a success, you need to be self-confident, you need to be determined, and you

need to really know your sector.”

IMMIGR AFFAIRES

PART

3IMMIGR AFFAIRES

Are you meant to be an entrepreneur?

Entrepreneurial traits and characteristics

If you want to start a business and be your own boss, it’s a good idea to figure out whether you have the interests and personality to do it – in short, whether you fit the entrepreneurial profile.

Youwillfindhereasummaryofseveral studies on the traits and characteristics most often associated with entrepreneurs. This will help you decide whether you see yourself in these descriptions and whether the profile reflects your personality.

Management skillsSome management skills are very useful

in business. The Portail d’affaires des jeunes entrepreneur website has created a list of skills and entrepreneurial abilities that can be developed with experience or through training.

Personality traits:3 Be dynamic: be motivated by practical

things and by the idea of using your energy to the fullest

3 Have ambition, be positive and optimistic: be able to see the good side of things, believe in your own capacities

3 Be resourceful: don’t get caught up with a problem, find solutions no matter what

3 Have a sense of responsibility: be accountable, know how to live with the consequences of your decisions

3 Be tenacious and determined: keep your objectives in mind and persevere even when the going gets tough

3 Be creative and imaginative: be original, set yourself apart

3 Have intuition, good business sense, curiosity: go beyond appearances, rely on your instincts

3 Demonstrate adaptability, flexibility: be able to adjust to changing situations

3 Have good time management skills and excellent self-discipline: know how to make the most of your time and avoid wasting time

3 Be independent: be able to function on your own, using your resources to the fullest

3 Like risk: enjoy challenges 3 Be pragmatic, have good judgment: have

common sense, be practical and know how to question yourself

3 Be versatile: know how to do many things…sometimes all at once

3 Have an iron constitution, nerves of steel, and unassailable moral force

Management and direction traits:3 Be able to make decisions quickly: identify

possibilities, choose and take action 3 Know how to delegate, direct, take

leadership: be able to mobilize a group of people to direct them toward a shared goal

3 Have foresight and planning ability: be able to establish objectives, develop action plans, make predictions and resolve problems

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Table 1: Behavioural traits of an entrepreneur 1

Characteristics

3 Self-confidence3 Tenacity, determination, commitment 3 Energy3 Talent3 Ability to take calculated risks3 Need for self-actualization3 Creativity3 Initiative3 Flexibility3 Responsibility in the face of challenges3 Independence3 Foresight3 Enthusiasm 3 Versatility, knowledge: product,

market, equipment3 Technological skills3 Good people skills3 Open to suggestion and criticism3 Profit-oriented3 Vision3 Optimism3 Tolerant of ambiguity and uncertainty3 Non-conformist3 Leadership

1. Timmons, 1978; Hornaday, 1982; Chell, 1986; Blawatt, 1995.

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PART 3

3 Know how to organize work: divide tasks, coordinate and achieve objectives and mould diverse components into a coherent whole

3 Think systematically: know how to organize your work and follow a vital lead

3 Have initiative: be able to recognize opportunities and take action to achieve objectives

3 Have clear vision: be able to imagine the target future and develop various scenarios for achieving it

Social traits:3 Communicate easily and be sociable:

understand verbal and non-verbal communications and transmit clear messages

3 Know how to negotiate: be able to convince others, sell your ideas

3 Know how to surround yourself with the right people: be able to create a good network of business relations and a team that is competent, responsible and committed

Entrepreneurial profile Most entrepreneurs are leaders. They have

strong entrepreneurial skills and traits. Before you embark on the process of starting your business, you should consider evaluating your entrepreneurial profile. This self-reflection exercise may help you make choices about your approach to entering the Québec workforce.

To find out whether you match the entrepreneurial profile, we suggest you visit this website: www .profilentrepreneurial .org

If you are interested in doing other entrepreneur profile evaluation questionnaires, take a look at the following sites: 3 Online self-evaluation questionnaire: AmItheentrepreneurtype?2 www .potentielentrepreneur .ca

3 Entrepreneurial self-assessment www .bdc .ca(under“Tools”)

The results won’t guarantee the success of your business, but they will help you decide whether you are predisposed to entrepreneurship. The questionnaire may help you figure out whether you have the aptitudes and temperament you need to be a good businessperson.

Is your idea really a business opportunity?

Every business idea has to be subjected to severalassessmentcriteria(technical,social,marketing,businessriskconsiderations)todetermine whether it has commercial value.

Suppose you have a business idea, but you don’t know whether it is really a business opportunity. Have you thought about every factor that will influence the achievement processforyouridea?Tohelpyoudothis,wehave developed a list of criteria3 and points for reflection that you should answer before launching into your business start-up (Appendix7).•


IMMIGRAFFAIRES - 21

2. Business Development Bank of Canada, www.bdc.ca 3. Canada Business, www.entreprisescanada.ca

Author: M. Jean-Benoît Aubé

Feasibility checklistGo to www.bdc.ca

and look under “Starting a Business/

Are you ready to be an entrepreneur?”

IMMIGRAFFAIRES - 23

PART 4

business start-up process in Québec

PART 4

Gilles BarbotOriginally from France

PresidentEsprit de corps

www.espritdecorps.biz

“Establish a business plan that reduces your fixed costs to the absolute minimum. Incorporate and apply for

one of the grants available to under-25s.”

IMMIGR AFFAIRES

PART

4IMMIGR AFFAIRES

Choosing to start a business or create your own job is an important decision. You need to keep in mind all the steps to follow before your business will open its doors for the first time. The choices you make will have long-term consequences.

Different ways to go into business

There are three main ways to become a business owner. Each method has its own advantages and challenges that you should know about before you make a decision.

1. Starting from zero3 This is the route chosen by most

entrepreneurs.3Youareinchargeofallthearrangements

for setting up the business.3 The risks are greater than when you

purchase an existing business, but you have full control over everything.

ADVANTAGES

More freedom to make decisions.

Changes can be made relatively quickly.

The cost of the start-up can be changed more easily, if necessary.

DISADVANTAGES

Planning the start-up can take a long time.

There is no existing customer base.

Starting from zero involves higher risks, depending on the type of business, and financing can be hard to obtain.

2. Buying the shares and assets of an existing company

3 This is the easiest way to go into business. 3 The business risks are often lower than

with the other methods, depending on the business that you buy.

3 Before you seal the purchase offer, you have to do serious research.

3 There are two main ways to buy an existing business:

•Buythecompany’sassets(e.g.,furniture,buildings,goodwill,brandname,etc.).Youneed to choose a new corporate structure to operate the business and transfer all the assets to it.

•Buythesharesofthebusiness(ifitisacorporationoracompany).Inthiswayyou buy the entire business, with its continuity and assets.

ADVANTAGES

Youarestartingwithanestablishedbasis.

The client base is established and the network of suppliers and distributors already exists.

Youmaybenefitfromthecredibilityestablished by the former owner.

DISADVANTAGES

Meeting the commitments of the former owner.

Harder to make changes.

Harder to develop credibility if the former owner had a bad reputation.

From success to succession The HEC Montréal Chair of Small and

Medium-size Business Development and Succession interactive website offers extensive information and many tools for owner-assignors and entrepreneur-successors. If you want to take over the family business, you will find a lot of advice and useful information for a successful handover. Go to www .fromsuccesstosuccession .com

3. Acquire a franchise or concessionA franchise is an authorization to intel-

lectual property rights related to brand names, distinctive signs or knowledge for the sale and distribution of goods or services. Acquiring a franchise gives you the right, for a specific period of time, to operate your business

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www.entreprises.gouv.qc.ca www.entreprisescanada.ca

www.succesreleve.com www.acquizition.bizwww.quebeccommerce.com

PART 4

using the intellectual property rights of the franchisor. McDonald’s, Subway and Rôtisserie St-Hubert are example of franchises that can be purchased by individuals or groups.

3Yousignacontractualagreementwithafranchisor that lets you sell a product or service, based on the provisions of the franchise contract and usually within a specific protected territory.

3 In practice, you own the business and assume the risks and management but are still accountable to the franchisor and have royalties to pay.

3 If you acquire a franchise or a concession, you will probably have to start a company or corporation, depending on the requirements of the franchisor.

ADVANTAGES

Lower risks.

The client base is targeted.

The brand name is established.

DISADVANTAGES

The cost of a franchise is often high.

The franchisor’s products and services must be used and respected.

Little room for creativity.

Importance of the business plan and models of business plans

What is a business plan?4 A business plan is a recognized

management tool used by prosperous businesses and future businesses in every industry. It defines the company objectives and sets out steps for achieving these goals within a specific timeframe. It is a written document that describes who you are, what you hope to accomplish, where your business is located, when you expect to start your activities and how you intend to overcome the risks inherent in your business idea to earn your projected income.

Why do you need a business plan?

A business plan is absolutely indispensable to you as an entrepreneur. It allows you to structure your ideas and establish a development strategy.

A business plan also provides information about your business to financial institutions, investors and suppliers by showing them how you plan to use their money, which definitely contributes to your project’s credibility.

When should you prepare a business plan?The sooner the better. The final version of your business plan will probably differ from the first draft, because you will be updating it, revising it and refining it as time goes by, but it is important for you to consider all the relevant factorsassoonaspossible.Youdon’twanttohave any nasty surprises after your business is already in operation.

Who should prepare the business plan?The business plan should be prepared by the people who will be running the business. Advisors, consultants, accountants, bookkeepers and experienced entrepreneurs can be of great help, of course, but you have to draw up the initial plan yourself. Think long and hard about every aspect of your business plan in order to be sure you have a good overall understanding as well as intimate knowledge of all the details. To get help, show your business plan to other people to get constructive criticism and advice, and to draw on their experience to modify your plan, if needed.

Models of business plansYoucanfindguidesforwritingbusiness

plans, at one of the following websites:3 Canada Business, Templates and Samples : www .newcanadabusiness .ca

PART 4

www. occasionfranchise.ca

www.franchise-guide.org


IMMIGRAFFAIRES - 25

4. Info entrepreneurs : www.entreprisescanada.ca

3 Small business: www .smallbusinessbc .ca3 Scotia Bank: www .scotiabank .com 3 RBC Royal Bank www .rbcroyalbank .com

We recommend that you base the first draft of your business plan on a model plan.

Choice of corporate structure

The legal forms of business5, 6, 7

There are several legal forms of business in Québec, including sole proprietorship (entreprise individuelleinFrench),generalpartnership(société en nom collectif),sharecorporation(calledcompagnie when constituted under Québec provincial law and a société par actions when constituted under federallaw),limitedpartnership(société en commandite),cooperative(cooperative)andnot-for-profitorganization(organisme sans but lucratif).Severalfactorsmayinfluencethe choice of the legal form of your business: the number of people involved, whether or not it is for-profit, the projected sales figures, the inherent implications of each form, and so on. Depending on the criteria established, a business might be a for-profit organization, a not-for-profit organization or a cooperative. Every business has to operate under a specific legal form, so it is very important for you to find out about these main forms in order to choose the one that best suits your needs and objectives.

Sole proprietorship3 It consists of a single individual who

operates a business alone.3 It is the simplest corporate structure.3 The entrepreneur assumes all of the risks

associated with the business.3 Start-up costs are low and minimum

working capital is required.3 The business owner keeps all the benefits.3 Liability for all of the business debts

remains with the owner; creditors can seize the owner’s personal assets.

3 It may be difficult to find funding.3 There is no distinction between the juridical

personality of the business and that of the owner.

Share corporation (“compagnie” or “société par actions”)3 A share corporation is a legal person

(“bodycorporate”)withitsownjuridicalpersonality.

3 It is the only corporate structure that allows shares to be issued.

3 The corporation is independent from its owners, the shareholders.

3 It is identified by the words Limited/Ltd.(limitée/ltée)orIncorporated/Inc.(incorporée/inc.).

3 Theliabilityoftheadministrator(s) orshareholder(s)islimited.

3 It is easier to find capital.3 This corporate structure is highly regulated

and among the most expensive.3 The tax rules are often complex.3 The profits are redistributed, often

as dividends.3 Decisions are made by the administrators

(orbyvotingshareholdersifthereisaunanimousshareholderagreement).

Cooperative3 A company organized by people who

share a need. 3 It is owned and managed by its members.3 The control is democratic.3 The distribution of profits to the members

is done by way of member dividends (oftencalledristournesinQuébec).

3 The decision-making process is democratic.

General partnership 3 Results from a contract under which

two or more physical or legal people (e.g.,companies)establishapartnership to exercise an activity, pooling their resources(assets,knowledgeorefforts) and sharing the profits.

Limited partnership 3 A limited partnership is formed between

one or more general partners who administer the company and one or more limited partners who contribute to the company’spooledassets(e.g.,money orassets).

3 Unless otherwise specified, the limited partners do not have any decision-making authority in the company.

3 The limited partners assume the risk of losing their contribution to the company.

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26 - IMMIGRAFFAIRES


5. Services Québec – Entreprises, www.entreprisesgouv.qc.ca6.Portaild’affairesdesjeunesentrepreneurs(PAJE),www.paje.ca 7. Entreprises Canada, www.entreprisescanada.ca

PART

4

PART 4

Not-for-profit organization 3 A not-for-profit organization(often

calleda“non-profit”)isanon-sharecorporation whose members share a moral, not-for-profit goal. Not-for-profit organizations do not pay dividends.

3 Social economy businesses are considered to be not-for-profit. These enterprises are sustainable business collectives that are run like businesses, producing goods and services for the market economy, but they manage their operations and redirect their surpluses to the pursuit of social and environmental goals.

Whether you want to work with partners or be a sole proprietor, you need to be informed about the liabilities that the corporate structure of your business entails. We suggest that you look at the comparison chart in Appendix 8, which provides information about steps to take, start-up costs, legal consequences and other important issues.

Business nameNo matter what legal form you choose for

your business, you must comply with the legal requirements of these two laws when you choose your business name:3 Act respecting the legal publicity of sole

proprietorships, partnerships and legal persons

3 Québec Charter of the French Language

Don’t forget to do a name search as well, so you won’t be sued by another company that feels your business name may be confused with theirs.SAVIEZ-VOUS QUE ?L’Association du jeune barreau de Montréal, l’AJBM, offre une heure de consultation gratuite aux entrepreneurs en démarrage. En effet, le service Juri-Conseils aux entreprises vous permet de bénéficier d’une heure en compagnie d’un avocat bénévole. Pour une consultation juridique concernant votreentreprise(lesdossierslitigieuxsontexclusdeceprogramme),inscrivez-vousenligne au www.ajbm.qc.ca, section « services au public », téléphonez au 514 954-3450 ou envoyez un courrier électronique à juriconseil@ajbm .qc .ca.

Business registration

In Québec, most businesses have to register with the Registraire des entreprises (businessregistry)atwww .registreentreprises .gouv .qc .ca and declare theirlegalform(seeAppendix8).Registrationis mandatory except for sole proprietorships that operate under a business name that contains the first and last names of the owner. Registration protects the chosen name of your business. Annual fees must be paid each year to maintain your registration.

Depending on the legal form you have chosen, the registration costs may vary. Go to the Registraire des entreprises website to findouttheexactcost.Youcanalsorefertothecomparison chart in Appendix 8 to gain a better understanding of the steps to take to register your business and of the responsibilities with regard to it. Once you have completed all the formalities, the Registraire des entreprises will assignyouaQuébecbusinessnumber(NEQ).

Provincial incorporation (Québec)Registraire des entreprisesConstitution des personnes morales2050, De Bleury, RC 10 Montréal(Québec)H3A2J5Phone: 514-644-4545 Registering your business name and getting a business number

Thebusinessnumber(BN)isanumberassigned by the federal government that businesses need when they deal with the Canada Revenue Agency concerning corporate taxes, goods and services taxes and harmonized sales tax, source deductions and import/export accounts. To get your business number, please go to www .entreprisescanada .ca .

Federal incorporation (Canada)Industry CanadaCorporations Canada5 Place Ville-Marie, suite 700Montréal(Québec)H3B2G2Phone: 514-496-1797

PART 4business start-up process in Québec

IMMIGRAFFAIRES - 27

Association du jeune barreau de Montréal

(YoungBar Association)provides

online access to its business start-up

guide, which focuses on legal issues.

www.ajbm.qc.ca

Registering a business name 8

To find out whether the name you want to give

your business already exists, consult the

NUANS database at www.nuans.com

8. Canada Business, www.canadabusiness.ca

PART

4Required permits, licenses and insurance

Regulations, licenses and permits 9

In the national business market, three levels ofgovernment(municipal,provincial,federal)enact laws or regulations that may affect your business in different ways. All of this legal documentation is important. Businesses that don’t pay attention to and don’t comply with certain legal requirements, do so at their own risk and peril.

Certain legal or regulatory requirements apply to specific sectors. In Québec alone, thereareHACCP(HazardAnalysisCriticalControlPoints)standardsonfoodsafety,ISO/IEC17025(InternationalOrganizationforStandardization/International Electrotechnical Commission)forlaboratorycertification,OHSAS18001(OccupationalHealthandSafetyAssessmentSeries)forworkplacehealthandsafety, QS 9000 standards for the automobile industry, and the list goes on. For any type of business related to animal or plant production, commercial fishing and aquaculture, food distribution and processing, restaurants and retail sale, you can contact Ministère de l’Agriculture, des Pêcheries et de l’Alimentation, the MAPAQ, www .mapaq .gouv .qc .ca, to learn about the various regulations you need to uphold and the permits you need to acquire. If you serve or sell alcohol in your business, don’t forget to get an alcohol permit from the Régie des alcools, des courses et des jeux, www .racj .gouv .qc .ca. And if you are selling anything to individuals or consumers, you must uphold the provisions oftheConsumerProtectionAct(www .opc .gouv .qc .ca).Dependingonyoursector,youmay also have to apply for certain permits and licenses from the Office de la protection du consommateur.

In addition to these regulatory standards, certain legal regulations are of a more general scope and apply to all stakeholders in the business world. Physical and legal persons are subject to the general and specific provisions of the Civil Code of Québec. More specifically, another type of civil liability related to manufacturing defects may lead to legal

proceedings in the courts. Under the Civil Code, in certain cases the liability for manufacturing defects can also have repercussions for the entire distribution chain, including the wholesaler, the retailer and the salesperson.

Other legal regulations are in effect to protect the environment. They have a direct impact on businesses whose manufacturing processes result in pollution.

Obviously, there are many other regulations besides the ones mentioned above, so it is very important for you, as an entrepreneur, to carefully research the laws and regulations in effect in the industry you plan to participate in. Find out more by contacting the Ministries in question through the Québec government site at www .gouv .qc .ca

Other regulatory requirements3 Register your business, if necessary

(businessnumber).3 Register for the GST and QST, if applicable,

payroll deductions, income tax, your tax account, etc.

3 Comply with export laws and regulations (Permitsandlicensesforregulatedgoods,import-export account of the Business Number, reporting exports, customs tariffs andHarmonizedSystem(HS)code,etc.).

3 Comply with import laws and regulations (Customslaws,HarmonizedSystem(HS)code, permits and import controls, reporting,penalties,etc.).

3 Comply with hiring and personnel managementlawsandregulations(SocialInsuranceNumber(SIN),EmploymentInsurance(EI),RecordofEmployment (ROE),protectionofpersonalinformation).For more information on this point, go to www .revenu .gouv .qc .ca and www .cra .arc .gc .ca

3 If you have employees, enrol your business with the CSST.

3 If you are renting commercial premises, get your occupation permit from the city.

Required and suggested insurance

An insurance policy protects you from unpredictable risks and damage to third parties. When you start your business, you have to at least purchase insurance to cover the company’s assets and its civil liability.

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9. Service Canada, www.servicecanada.ca

PART 4

Youcanalsopurchaseother,optionalinsurancecoverage. For more information, ask an insurance broker, and get quotes from different insurance companies to find the best price for what you need.

Mandatory insurance

1 . Business property insuranceThis covers losses that affect buildings and

buildingcontents(officesupplies,equipment)such as: 3 Fire, theft and embezzlement 3 Equipment breakdown3 Operating losses

2 . Civil liability insuranceThis protects the insured against the

pecuniary consequences of civil liability resultingfrombodilyharm(includingdeath) or material damages to third parties (clients,employees,suppliers,etc.)caused by business activities. It includes product civil liability insurance. It indemnifies consumers who may be victims of consequential damage due to the use of your company’s products or services.

Optional insurance

1 . Disability insurance (illness and accident)

It covers:3Businesscosts(phone,advertising,rent)

for one year 3 Salary for long-term coverage to age 65

2 . Term or whole life insurance It provides a certain amount of coverage in the event of death.

3 . Health care insuranceThis is complementary to RAMQ drug

insurance.

4 . Critical illness insuranceIt provides some coverage in the event

of critical illnesses identified in the insurance contract, such as cancer. It is recommended that self-employed workers purchase these optional kinds of insurance when the business reaches cruising speed. The basic costs of the premiums for a personalized insurance policy

(optionalinsurance)areoftenlessthan3%ofthe entrepreneur’s gross salary after business expenses.

5 . Directors’ and officers’ liability insurance

It protects the company directors from any proceedings against them due to decisions made in their official capacity and personal proceedings due to damages caused by a decision made for and on behalf of the company.

For information on the costs of these different types of insurance, please contact your financial institution or several insurance agencies. Feel free to call several companies to shop for the best price.

Intellectual propertyCopyright and intellectual property

We can define intellectual property very simply as “intangible property that is the result of creativity and is protected by rights.” Although there are different types of intellectual property rights, we will only present the four most common ones here: copyright, trademarks, industrial designs and patents.

The definitions of these four rights are drawn from the Canadian Intellectual Property Office(CIPO)website,www .cipo .ic .gc .ca.

“In the simplest terms, “copyright” means “the right to copy.” Only the owner of copy-right, very often the creator of the work, is allowed to produce or reproduce the work in question or to permit anyone else to do so. Suppose, for example, that you have written a novel. Copyright law rewards and protects your creative endeavour by giving you the sole right to publish or use your work in any number ofways.Youmayalsochoosenottopublishyour work and to prevent anyone else from doing so.”10

“A trademark is a word, a symbol, a design (oracombinationofthesefeatures),usedtodistinguish the wares or services of one person

PART 4

Insurance Bureau of Canada

www.bac-quebec.qc.ca or

www.infoassurance.ca

Canadian Life and Health Insurance Association

www.clhia.ca


IMMIGRAFFAIRES - 29

10. Canadian Intellectual Property Office, www.cipo.ic.gc.ca

PART

4or organization from those of others in the marketplace. Trademarks come to represent not only actual wares and services, but the reputation of the producer. As such, they are considered valuable intellectual property. A registered trademark can be protected through legal proceedings from misuse and imitation.”11

“An industrial design is the features of shape,configuration,patternorornament(oranycombinationofthesefeatures)appliedtoafinished article made by hand, tool or machine. It may be, for example, the shape of a table or the shape and ornamentation of a spoon. The design must have features that appeal to the eye. To be eligible for registration with the Industrial Design Office, your design must be original.” 12

“Patents are for new inventions or proces-ses that offer innovative and useful functions. Canadian law regards the functional aspects and design aspects of articles quite separately. Therefore, you cannot list a function as an elementofyourindustrialdesign.Youmay,however, be able to obtain a patent for your article’s functional aspects and an industrial design for its aesthetic ones. Suppose you develop a new kind of folding chair. The way the chair folds, its lightweight construction, its strength and its durability are all functional qualities. The industrial design features could include the shape or configuration of the chair, and any patterns or ornamentation on it or any combination thereof.” 13

The CIPO’s mission is to apply Canada’s intellectual property laws and regulations. For example, you have to file your applications to register intellectual property rights with the CIPO, and it is the CIPO that manages the various databases related to intellectual property rights.

When filing for intellectual property rights, it is strongly recommended that you hire a specialist, such as a patent or trademark agent. A specialist in the field can save you time and is in a better position to fully protect your rights.

Of course, you can also license your own intellectual property rights to someone else, or purchase a licence to someone else’s intellectual property rights. In either case, youhavetosignalicenceagreement(i.e.,something similar to a “rental lease” on the rights)oratransferagreement(i.e.,whichisthesameas“selling”therights).Hereagain,it is highly recommended that you consult specialized intellectual property lawyers to ensure you are well protected.

Marketing strategies and customer service Importance of a market study to define and reach your target client base

A market study is an important step in the success of your business project. Before you launch your business, you should research and analyse the data about the environment you’ll be working in, about your potential customers and about the competition you’ll be facing. This will reduce your risk of failure, because you will have verified that the clients really are out there, you’ll be familiar with their behaviour, needs and expectations, and you will know the strengths and weaknesses of your future competitors.

Studying the market allows you to verify and validate a business opportunity by:

1. Revealing the other players in your sector(suppliers,customers,partnersandcompetitors),wheretheyoperateandwhatthey charge

2. Analysing market trends – in other words, social phenomena that drive consumption

3. Evaluating your projected sales and validating your project financially

4. Making the right choices to succeed with the project

5. Making your start-up process more credible in the eyes of potential partners

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11. Canadian Intellectual Property Office, www.cipo.ic.gc.ca 12 - 13. Id.

Canadian Intellectual PropertyOffice(CIPO)www.cipo.ic.gc.ca 1-866-997-1936

CIPO IP Toolkitwww.opic.ic.gc.ca

Fondation du Barreau duQuébec“YourRights, your Business ” www. fondationdubarreau.qc.ca

PART 4

Tips and advice1. Just thinking about doing a market study

is overwhelming for some entrepreneurs. Others find it a waste of time. But they’re wrong.Youcanneverhavetoomuchinformation. Doing a market study is a matter of good sense.

2. If you do not find any direct competitors, there must be indirect competitors – that is, someone that meets the same needs you plan to meet, in a different way. For example, an ice cream shop competes with shops that sell other products, like pastries and chocolates.

3. Look at the habits of the other suppliers and your potential customers. It is important to confirm the conclusions of yourtheoreticalstudy(history,statistics,etc.)usingfieldresearch.

4. Present your project to job creation networks to get advice.

Getting the word outYouhavetospendatleastanhoura

day promoting your business. The tools and approaches that will spread the word about your business differ depending on your sector. A chocolate maker will not choose the same promotional strategies as a dentist or a specialized aeronautics firm.

When it comes to promoting your business, you have to remember a number of parameters:3Scopeofthecompany(local,regional,

national,international)3 Target clientele3 Type of offer3 Budget 3 Number of competitors

In terms of means, there are at least three categories to consider:

1. Advertising to attract customers to the product.

For example, an ad on the radio, the internet, or a newspaper.

2. Promotion to attract customers to the product.

For example, offer your product or service at a reduced rate for a limited time.

3. Prospecting to make direct contact with the customer.

As an entrepreneur from another country, you can also look for cultural business asso-ciations, which can give you access to an entire network of contacts to get to know .

If your budget allows, you can use an advertising agency to choose the best strategy. Even if that’s not possible, that is no reason to neglect this very important factor. Buy business cards, call potential clients to set up meetings, get testimony from satisfied customers to show at your presentations, and take part in networking activities.

Tips and advice1. Establish a uniform and consistent business

image. In other words, always use your logo and name, the same colours, the same font and the same layout on anything and everything that communicates your visual identity(productpackaging,signs,vehicles,letterhead,brochures,ads,etc.).Yourclientsand suppliers will soon recognize you at a glance. Don’t forget that your image can change and develop as design and colour trends change.

2. Feel free to be a little original in the way you present your business. In Québec, people like new ideas and using originality will help set you apart from the herd. It is also a good idea to have your promotional strategy assessed by communications and marketing professionals or asking an honest opinion from your friends, family and professional contacts.

Customer service in QuébecIn Québec, businesses place a good deal of

importance on customer service. Naturally the same is true in many places around the world, but there are a few local peculiarities you should know.

The first thing to remember is that it is important to be able to address your customers in Québec’s official language: French. In fact, as was explained earlier, the French Language Charter obliges all businesses to serve and provide information to their customers in French. The same goes for advertising and business offers.

Second, Quebecers are generally warm and helpful, and they expected to be treated the same way. Feel free to chat about this


IMMIGRAFFAIRES - 31

PART

4andthat(weather,weekendactivities,etc.). Pay attention and smile. Be pleasant but maintain a professional distance.

Third, use your instinct and listen to the reactions of your partners, customers, etc. If you are not yet familiar with Québec culture, you might affront people with your words or gestures, even if you don’t intend to. Be tolerant and clear up any misunderstandings by staying calm and being respectful.

The customer is king!

In Québec, the customer is king. This isn’t just an expression: it is applied in customer service policies. In restaurants, retail stores, businesses and other organizations, Quebecers expect to be treated like kings and to receive service with a smile and the full attention of the server, owners, salesperson, etc. Avoid making your customers wait, disappointing them or contradicting them! They’ll think you don’t respect them.

The idea of being “customer-focused” is

veryimportantinQuébecbusinesses.Youhaveto adjust to the customer’s demands, because if the customer isn’t happy, they’ll go do business with someone else, eat in another restaurant and stock up with another supplier. In Québec, customers like to negotiate the price of major purchases, because they’re looking for the lowest price and the best quality. That’s why some businesses reward loyal customers by giving them discounts, special deals and gifts.

Customer satisfaction has to be your number-one consideration. Many businesses develop their promotional strategy around the customer, because their growth and longevity depends on it. They know that if they don’t satisfy their customers, their competitors will be happy to.

Sources of financing Importance of a credit file for entrepreneurs seeking financing

It is important, in Québec, to have a solid credit record. As an immigrant, you have to build a credit history in Québec. When you arrived in Québec, you may have had some money set aside, but one day you will need

to buy office supplies, rent a car or premises, own a Canadian credit card to make a purchase online, etc. For all these things, your credit history(creditcards,loans)willbecheckedto ensure that you repay your debts. If you have a good credit history, you should have no problems getting financing. It is easiest to get loans if you have a credit history, because it means you have proven your ability to repay debts.

Credit is a very practical payment method for current expenses related to your future business. But you have to make sure you maintainagood“creditrating.”Yourcreditrating measures your solvency and your repaymentreputation.Yourcreditratingisassigned based on your credit history, so it’s important to adopt responsible credit and debt habits to keep your rating high.

It is not considered bad in Québec to have debts, especially if they are repaid on time as arranged. Many people get loans to buy things.

Youhavetoremember,though,thatyourcredit history in your native country will not be considered here.

Do you need help managing your personal budget?

Find out more from one of these organizations:3 Association coopérative d’économie

familiale(ACEF)del’EstdeMontréal: 514-257-6622 or www .consommateur .qc .ca/acefest

3 ACEF du Nord de Montréal : 514-277-7959 or www .acefdunorddemontreal .org

3 ACEF du Sud-Ouest de Montréal : 514-362-1771 or www .consommateur .qc .ca/acef-som

3 Option consommateurs : 514-598-7288 or www .option-consommateurs .org

Sources of financingBefore you start looking for financing,

you need a Québec bank account. If you don’t have one, contact the financial institution of your choice and open a personal account. Depending on the type of business you plan to open, you may also need a business account.

Thereareseveralsourcesoffinancing(loansorgrants)thatcanhelpyoustartyourbusiness.

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PART 4

Every loan and grant has its own particular features and is geared toward a particular

Youtype.clienteleorbusiness won’thaveaccess to every type of business financial assistance.

In any case, you need a business plan. Based on your business plan and your financial projections, you can get money in the form of a loan or a grant to start your business project.

• Personal investment and “love money”Before you apply for financial assistance,

it is a good idea to establish your personal balance sheet to see whether you have savings you could invest in your own business. The government and banking institutions do not usually require a personal investment, but it is always preferable. If you are thinking of applying for a grant from a para-governmental organization, a personal investment is mandatory.

It is easier to get financing for your business if you invest some of your own capital in the project, but if you don’t have any personal money to invest, you can ask your friends and family to invest, in the form of a gift or loan. This is what is called “love money,” and it is a good way to gather together the initial investment you need to start a business.

• CLD and CDEC financial toolsThe Centre locaux de développement

(localdevelopmentcentres–CLDs)andCorporations de développement économique communautaire(communityeconomicdevelopmentcorporations–CDECs),offer advisory services and support for entrepreneurs, including help setting up a business plan, business consolidation and expansion support, assistance in finding financing, entrepreneurship training, business networking activities, and other relevant services. These organizations also manage different funds you can go to for financing. Every fund has its own eligibility criteria.

The CDECs offer all the same support as the CLDs, but they are also involved in local economic planning and development.

These are their main financial tools:

Loans 1. Fonds local d’invesstissement or FLI (Local

investmentfunds)

2. Société locale d’investissement dans le développement de l’emploi or SOLIDE (Localemploymentdevelopment societies)

Fonds de développement Emploi-Montréal 3. or FDEM (Montréaljobdevelopmentfund)

Subsidies 1. Fonds d’économie sociale or FÉS (Social

economyfunds), managed by certain CLDs and CDECs

2. Jeunes promoteurs or JP (YoungPromotersProgram)

* An explanatory chart for each tool can be found in Appendix 9.

YoucanalsocallyourlocalCLDorCDEC for more information on the services they

Youprovide. canfindthecontactinformationfor the CLD or CDEC in your area in Appendix 2.

• Fondation du maire de Montréal pour la jeunesse

The foundation is a not-for-profit organization that offers grants and services to help young Montrealers aged 18 to 35 to start their own business. The Fondation’s target group includes entrepreneurs from the cultural communities.

* See explanatory table in Appendix 10.

For more information:Phone : 514-872-8401Website : www .fondationdumaire .ca

• Canadian Youth Business Foundation (CYBF)

FoundationYouthTheCanadian Business is a charitable organization that provides start-up coaching, business resources, start-up financing and mentoring for youth aged 18 to 34 who are starting their own businesses.

* See explanatory table in Appendix 11.

For more information: Phone: 1-800-464-2923 Website: www .cybf .ca


IMMIGRAFFAIRES - 33

If you have a credit history in Québec,

you can get your credit file and check your “credit rating”

with one of these organizations:

Trans Union Canada inc. Customer Relations

1 Place Laval, suite 370 Laval(Québec)H7N1A1

1-877-713-3393 or 514-335-0374

www.transunion.ca

EQUIFAX Canada inc.

Consumer Relations Service PO Box 190,

station Jean-Talon Montréal(Québec)

H1S 2Z2 514-493-2314

or 1-800-465-7166 www.equifax.ca

Canadian Bankers Association

www.cba.ca

PART

4• Business Development Bank of Canada (BDC)The Business Development Bank of Canada, commonly called the BDC, offers several financing solutions that may meet your needs as an entrepreneur, including term loans, subsidized funding and risk capital.

For more information: Phone: 1-877-232-2269Website: www .bdc .ca

• Crédit communautaire (Community credit)

The people targeted by community credit services generally have an excellent business project and the skills they need to deliver their products or services. But they lack entrepreneurial skills or need regular monitoring and follow-up. Community credit has managed to develop the specific expertise of combining close entrepreneurial development and support for underprivileged people. Community credit supports self-employment projects, small individual or group businesses and social economy businesses.

The main eligibility criteria are: 3 Have a business idea or project3 Attend an information meeting3 Agree to be coached by the local

community credit member organization3 Live in the territory of the organization

you get the funding from

For more information, contact one of the organizations listed below:

K Association communautaire d’emprunt deMontréal(ACEM)

Phone: 514-843-7296 Website:

www .acemcreditcommunautaire .qc .ca K Aurora – Compagnie F Phone: 514-381-7333 Website: www .compagnie-f .org

K Cercles d’emprunt de Montréal Phone: 514-849-3271 Website: www .cerclesdemprunt .com

K Cercles d’emprunt de la Corporation de développementdel’Est(CDEST)

* Only for residents of Mercier/ Hochelaga-Maisonneuve borough

Phone: 514-256-6825 Website: www .cdest .qc .ca

• FilactionFilaction is a not-for-profit organization

for Québec small businesses in every sector, but especially in the cultural and social economy sectors. Filaction offers development capital for projects designed to create and maintain jobs. The organization offers assistance at every stage of business development: start-up, development, expansion, consolidation or employee takeover.

For more information or to apply for financing:Phone: 514-525-2042Website: www .filaction .qc .ca Here are some complementary financing funds (for specific client groups) managed by Filaction and its partners:

K Investissement Femmes Montréal For women entrepreneurs Phone: 514-270-3964 Website: www .fondsifm .ca

K Fonds Afro-entrepreneurs For entrepreneurs from the Black

communities Phone: 1-888-525-2075 Website: www .filaction .qc .ca K Fonds Capital Équitable For Québec importers of fair-trade products Phone: 514-525-3346 Website: www .capitalequitable .org

K Fonds régional pour le développement coopératif

For entrepreneurs who want to start a cooperative

Phone: 514-340-6056 Website: www .cdr .coop • Investissement Québec

Investissement Québec is both a financial institution and an economic development agency where consultants can help you find financial solutions that suit your needs.

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PART 4

Financial products: Loans, repayment guarantees, financing

for tax credits. For more information:Phone:514-873-9292(easternMontréal)Phone:514-873-4375(westernMontréal)Phone:514-873-1401(boroughofSt-Laurent)Website: www .investquebec .com

Financial institutionsAs we mentioned earlier, you can apply

for a business loan at your own financial institution. Caisses populaires and Canadian banks offer a variety of financing solutions for businesses, often in the form of loans and lines of credit.

Ask your bank manager about the Canada SmallBusinessFinancingProgram(CSBF). This program helps improve access to loans for starting, expanding, modernizing or improving small businesses by encouraging financial institutions to provide services to small businesses. Under the terms of the program, the small business owner must apply for a loan from a bank or caisse populaire.

For more information: www .ic .gc .ca

• Société de développement des entreprises culturelles-SODECBe it for development, production,

promotion, publishing or exposure, the SODEC has the mission to support various cultural endeavours by administering government assistance for cultural businesses.

This assistance, which is given in the form of project investments, grants or repayable loans, helps artists to produce or publish their work in Québec, Canada or internationally.

Areas of intervention:

Cinema and visual productions, music and variety, books and special publishing, fine arts, heritage buildings.

For more information about their funds:Phone: 1-800-363-0401Website: www .sodec .gouv .qc .ca

• Export Development Canada – EDCThe EDC has developed products to help

businesses of all sizes and in all sectors rise

to the challenge of foreign sales. The EDC’s products and services may meet the needs of businesses in any stage of growth or development. Whether they need funds to pay initial fees for transactions with new clients or a loan to promote or expand activities, the EDC offers support to businesses that want to export their products and services.

For more information:Phone: 1-866-283-2957Website: www .edc .ca

• Info entrepreneursInfo entrepreneurs is the leading provider

of information about federal, provincial and private services, programs, and products for business people. The organization offers a wealth of business information to help small businesses grow.

For information about anything related to business start-up, including sources of financing, go to the Info Entrepreneurs website or call one of their consultants.

For more information:Phone: 514-496-4636Website: www .entreprisescanada .ca

• Types of financing14

Depending on the size of your business, you will have to figure out what kind of financing is appropriate.Youwillfindherealistofthetypesof financing available. We suggest that you go to www .entreprises .gouv .qc .ca to learn more about these different types of financing and their advantages and disadvantages.

3 Asset-based Financing 3 Capital Lease/Operating Lease 3 Conditional Sales Contract 3 Credit Card 3 Export Financing 3 Factoring 3 Leasing 3 Non-residential Mortgage 3 Operating Loan/Line of Credit 3 Quasi-Equity 3 Sale and Leaseback 3 Term Loan 3 Vehicle Lease 3 Venture Capital/Seed Capital 3 Working Capital* Definitions in the Glossary.


IMMIGRAFFAIRES - 35

14. Canada Business, www.canadabusiness.ca

Small Business Financing in Canada

www.rbcroyalbank.com

This guide was developed by the Royal

Bank to help entre-preneurs discover the

means of financing and the lenders

that best suit their business needs.

PART

4Location and where to look for business premises

How to choose a location and find business premises?15

Choosing the right business location is critical.Yourchoicewillhaveamajorimpacton the viability of your business, especially for retail commerce. If your business must be located on a main street to facilitate the sale of your products or services, you need to keep a few basic principles in mind.

In Appendix 12, you will find a handy tool to help you choose the ideal location for your business.

A few places to look for business premises

To find the ideal location for your business, you can do your own research by visiting locations for rent on the main commercial street in the neighbourhood that interests you. Youcanalsolookatpremisesavailableinanindustrial or technological park.

If you want to set up your business close to home, pay special attention to advertisements in the local paper that is distributed free in yourmailbox.Youmayfindtheideallocationadvertised right there.

If you can afford it, you can also hire a real estate agent to do the research for you.

A few good addresses: 3 Commercial space posting network:

www .carrefour-immobilier .com

3 To find the address of industrial parks in each area of Montréal, go to www .ville .montreal .qc .ca and select the borough where you want to set up your business. For additional information, call the borough office.

3 For more information on building recycling and main street improvement projects, visit Convercité at : www .convercite .org

Commercial leaseDefinition: A lease is a contract through which a physical or legal person grants, for a defined period, to another person and in exchange for a sum of money, the right to use an asset or property under the terms stipulated in the contract or by law.

GENERAL RULES GOVERNING COMMERCIAL LEASES16

Paragraph 1851 of the Civil Code of Québec (C.C.Q.)definesleasingasfollows:“Lease is a contract by which a person, the lessor, undertakes to provide another person, the lessee, in return for a rent, with the enjoyment of a movable or immovable property for a certain time. The term of a lease is fixed or indeterminate.”

Registering a lease It is very important to register your lease

withthelandregistry(www.registrefoncier.gouv.qc.ca)byfilingtheappropriatedocumentswith the rights registry office in your area. In this way, if the owner of the building sells it, you will be assured that the new owner of the building, the acquirer, will uphold the term of your lease. If the lease is not registered, the new owner can end your lease at the moment of acquisition. As the Québec Civil Code points out:

‘‘‘ 1887 .(…)Inthecaseoftheleaseofan immovable with a fixed term and if more than twelve months remain from the date of alienation or extinction of title, he may resiliate it upon expiry of the twelve months by giving the lessee written notice of six months. He may not resiliate the lease if it was registered in the registry office before the deed of alienation or the act by which the title is extinguished was so registered .”

Questions to ask before signing a lease17

3 How long is the lease and how much is therent?

3 How much will the rent go up and can I renewattheendofthelease?

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?

15. Canada Business, www.canadabusiness.ca 16. Based on Clinique juridique de l’UQAM, www.cliniquejuridique.uquam.ca

?

PART 4

3 Isthereanadditionalrenttopay?

3 CanIsublet?

3 CanIrenewthelease?

3 Whathappensiftheownergoesbankrupt?

3 Whoisresponsiblefortheinsurance?

3 WhatserviceswillIget?

3 Whoelsecanmovein?

3 Who pays for improvements and what costsaremyresponsibility?

Before signing the lease, check with your borough office to see whether the zoning allows your type of business at that location.

NOTE: The Régie du logement(rentalboard)has no jurisdiction to act in matters involving commercial leases.

Imports and exports This part of the guide is for entrepre-

neurs looking for basic import-export information and related international trade concepts .

Exporting: a carefully planned process

Exporting refers to goods or services transactions with a customer in another country. In general, exporting should only be considered when the business is well established in the local market and already enjoying regular and profitable sales. It is crucial for the business to have compelling reasons for turning to the export market, and the reasons should be consistent with the business’s development plan.

For the business, exporting requires the same efforts as sales to customers in the national market, plus all the difficulties related to language, culture, customs, logistics, terms of payment and currency, the standards and regulatory context in the target country. In other words, it is not a process to take lightly, and it is important to be well informed and prepared before undertaking such a major operation.

To start the export process, there are several successive steps to take:

3 Determine why you want to export (increasesales,greaterprofitability,economiesofscale,etc.)

3 Target and study potential markets

3 Evaluate the product’s export potential and its state of readiness

3 Identify technical and financial resources that may be useful

3 Start the legal steps to register as an exporter with the Canadian government

3 Draw up an export plan to define objectives, means, and phases of the export project

3 Begin market penetration operations, starting with a test

The export process generally takes three years before it provides a return on the investment. That means that you’ll be spending more money than you earn in the beginning. So it is very important that your national market is generating enough cashflow to allow you to make this kind of investment without putting your business in danger.

Steps to follow

To begin your export project, you have to undertake a series of legal and commercial steps. In each step, you will be able to get help from a variety of organizations.1. The market study: evaluating your potential

For your market study, an organization such as the Info Entrepreneurs business resource centre can help by giving you access to existing studies, directories and professional databases. There are information specialists on site to help you. The Canadian government site


IMMIGRAFFAIRES - 37

17. Info Entrepreneurs, www.entreprisescanada.ca

PART

4Export Source also provides access to lots of technical information about exporting (suchashowtodrawupanexportplan,etc.).The network of Canadian trade commissioners, based in Canadian embassies around the world, can give you information about specific sectors and geographic zones, and help you throughout your export process. Their provincial counterparts in the Québec foreign offices can do likewise.

2. Legal steps

Before you become an active exporter or importer, you have to obtain an exporter or importer number, which allows the govern-ment to identify you as an active exporter or importer as long as you are in business. Apply to the Canada Revenue Agency: www .cra-arc .gc .ca

Youalsohavetofigureoutthecodethatmatches your product, to make sure there are no restrictions, quotas or export prohibitions. This code also helps determine the customs rate that will apply, if your product is subject to customs duty. This information can be found on the Canadian Border Services Agency website at www .cbsa-asfc .gc .ca

3. Sources of financial and technical assistance

There are several organizations that can help you in your export process, on either the technical or financial level. The list is too long to be reproduced here, but the Info Entrepreneurs website contains two guides that provide a very thorough list of these resources, so make sure you look carefully at the Export and Financing a Business info-guides at www .entreprisescanada .ca

4. Government services

There are several Canadian and Québec government services that can help businesses in their export endeavours, and their services are generally free. In addition to the expertise of their officers, they have tools, market studies, and contact and reference lists that may be very useful. Make the most of it!

- Canadian trade commissioner network: www .international .gc .ca- Export Source

www .exportsource .ca

- Québec foreign offices: www .mdeie .gouv .qc .ca (exportsection)

- Canadian Border Services Agency: www .cbsa-asfc .gc .ca- Canada Revenue Agency: www .cra-arc .gc .ca

- Export Development Canada: www .edc .ca

ImportingImporting consists of bringing merchandise

into Canada to use or sell. For the former, the importer has to ascertain the availability of the product, the reliability of the supplier, and all the problems related to logistics, transportation, the exchange rate, insurance and standards and regulations governing the import and use of the product in Canada.

In the latter case, in addition to all these

issues, the importer must consider factors related to the existence of a market for the distribution of the product. In other words, a market study and a competitor analysis are in order.

To begin import transactions, your organization must first register with the Canada Revenue Agency as an importer.

Importing involves a lot of legal and prescriptive procedures. We recommend that you really do your research before you start. For an overview of all of the verifications and procedures to undertake for an import project, we suggest that you read the Info Entrepreneurs Info-Guide on importing, which is a very good starting point for thiskindofproject.Youcanfinditat www .entreprisescanada .ca in the Importingsection.•

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Info entrepreneurs: www.entreprisescanada.ca

Network of Canadian Trade Commissioners: www.international.gc.ca

Export Source: www.exportsource.ca

Québec Foreign Offices: www.mdeie.gouv.qc.ca (exportsection)

PART 5

programs and courses for entrepreneurs and self-employed workers in Québec

PART 5

Mourad GharianiOriginally from Tunisia

PresidentLes Aliments Magrebia inc.

www.magrebia.com

“There are plenty of government resources for entrepreneurs – including training – and they are

available to everyone. You just have to find the one that suits you and sign up! That is your first step

on the road to success…”

IMMIGR AFFAIRES

IMMIGRAFFAIRES - 39

IMMIGR AFFAIRESThere are several training programs

designed to help entrepreneurs, directors and people in management positions develop their skills. If you think that a training program might help you achieve your entrepreneurial goals, then invest some time in one.

The following programs are listed

by subject so any businessperson or would-be businessperson (entrepreneur, director, self-employed worker) can easily find the appropriate program.

Programs for entrepreneurs and self-employed workers

Self-Employment Support Measure

SAJE and Service d’aide aux jeunes entrepreneurs Montréal Centre are two leading organizations with the mission of helping new entrepreneurs succeed by offering consulting services, mentoring and training.

Under a mandate from Emploi-Québec, the SAJEs offer the self-employment support measure which helps give people the independence they need to get established in the labour force. By offering technical and financial support, this measure helps self-employed workers establish themselves and helps future entrepreneurs create or develop their business.

Eligible promoters whose projects are accepted receive a base allowance per week for a maximum period of 52 weeks. This allowance is to complement the income generated by the business during this period.

Eligible promoters whose projects are accepted receive technical support for two years. The technical support consists of management advice and start-up assistance from an expert entrepreneurial development consultant.

Youcanfindoutmoreaboutthe Self-Employment Support measure in Appendix 13.

For more information:SAJEPhone: 514-861-7253 Website: www .sajeenaffaires .org

Service d’aide aux jeunes entrepreneurs Montréal CentrePhone: 514-485-3311Website: www .sajemontrealcentre .com

Office franco-québécois pour la jeunesse – Synergie entreprises program

The Synergie entreprises program seeks to develop entrepreneurial culture among young people and supports the creation and development of Québec businesses by offering them experience abroad. The Synergie entreprises program offers young entrepreneurs the opportunity to do a professional sojourn in France to develop activities, products, or markets or to learn practices that will benefit their company.

For more information about eligibility criteria and membership fees:Phone: 514-873-4255Website: www .ofqj .org

Business management3 Lancement d’une entreprise–French courses

(Marguerite-BourgeoysSchoolBoard)3Succès-Relève(coursesforacquirersof

existingbusinesses)For further information: SAJE www .sajeenaffaires .org

3 Starting a business (Womenonly)

For further information: Centre d’entrepreneuriat féminin du Québec www .cefq .ca

3 Pilot project for immigrant women entrepreneurs

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programs and courses for entrepreneurs and self-employed workers in Québec

Courses for entrepreneurs and self-employed workersPART

5

PARTIE 4

3 How to prove your business competency in two minutes

3 Meeting face-to-face with a potential clientFor further information: Centre d’entreprises et d’innovation de Montréal, www .ceim .org

Don’t forget to contact the CLD or CDEC in your borough for information about their training programs.

* For the complete list of training programs related to marketing and sales for promoters and entrepreneurs, go to Formaffaires at www .formaffaires .com

Human resources 3 Human resources managementFor further information: Services aux entreprises d’Emploi-Québec www .emploiquebec .net

3 Human resources management guideFor further information: Commission des normes du travailwww .cnt .gouv .qc .ca

Don’t forget to contact the CLD or the CDEC in your borough for information on their training programs.

* For the complete list of training programs related to human resources for promoters and entrepreneurs, go to Formaffaires at www .formaffaires .com•

3 Aurora training program, for Anglophone and Allophone women

For further information: Compagnie-F www .compagnie-f .org

Several Centres locaux de développement (CLDs)andCorporationsdedéveloppementéconomiquecommunautaire(CDECs)inboroughs around Montréal offer training programs for people who want to become entrepreneurs or self-employed workers. Contact the CLD or CDEC in your borough(seeAppendix2)forinformationabout the programs they offer.

* For the complete list of training programs related to business management for promoters and entrepreneurs, go to Formaffaires at www .formaffaires .com

Accounting3 Fiscalité immatriculée (Taxation

forregisteredbusinesses)3 Fiscalité incorporée (Taxation

forincorporatedbusinesses)3 GST/QST3 Prévisio software3 Comptabilium softwareFor information or to register: SAJEwww .sajeenaffaires .org

Don’t forget to contact the CLD or CDEC in your borough for information about their training programs.

* For the complete list of training programs related to accounting for promoters and entrepreneurs, go to Formaffaires at

www .formaffaires .com

Marketing / Sales3 Marketing, sales and communicationsFor further information: Compagnie-Fwww .compagnie-f .org

3 Créer votre site Web (Websitecreation)3 Techniques de vente (Salestechniques)For further information: SAJE www .sajeenaffaires .org

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IMMIGRAFFAIRES - 41

programs and courses for entrepreneurs and self-employed workers in QuébecPA

RT 5

PART 6

the accounting and tax system in Québec

PART 6IMMIGR AFFAIRES

IMMIGRAFFAIRES - 43

Susana JimenezOriginally from the Dominican Republic

Co-owner and Vice-President, Production Pâtisserie S&S

www.susyspecials.com

“I recommend that entrepreneurs take a business start-up course to validate their business project and learn about the various

laws and tax obligations in Québec. Accounting errors can be costly. Give yourself the benefit of starting off

with a solid foundation!”

PART

6IMMIGR AFFAIRES

Do you want to go into business and learn how to meet your tax obligations? Whether you are inte-rested in self-employment or starting a business, this section will provide you with all the information you need to get started.

Self-employed worker (registered or not)

“For fiscal purposes, a self-employed person is an individual who, under a verbal or written agreement, undertakes to provide a service or perform a task for a client in exchange for an agreed amount. Such an individual may also own a business or be a commission salesperson.” Source : www .revenu .gouv .qc .ca

Here are a few criteria that differentiate self-employed people and salaried workers . These points should help you determine whether you are indeed self-employed:

3 The relationship between the person who provides work and a self-employed person is not one of subordination.

3 There is no employer-employee relationship, as there is for a salaried worker.

3 Most of the time, self-employed workers cover their own work-related expenses.

3 They assume the financial risks associated with their work.

3 They provide their own material and equipment, but are not required to carry out the work themselves.

3 They may hire employees or other self-employed workers to do the job.

3 They may determine the location at which the work will be carried out and even the hours of work.

Legal personThe legal form chosen for your business

affects your tax obligations to Revenu Québec and the Canada Revenue Agency, and the degree of liability you assume for the business’s debts.

Income taxesRights and obligations of the self-employed worker The income of a self-employed worker orapartnerinageneralpartnership(i.e.,sociétéencommandite)istaxedinthatperson’s personal income tax return, which is the inverse of the income earned by a corporation or incorporated company, where the income is taxed in a separate return from that of the shareholders.

Example: for 2009, a self-employed worker must file an income tax return before June 15, 2010, and pay income taxes before April 30, 2010.

Rights and obligations of an incorporated company

Incorporated companies must file a tax return at the end of each fiscal year, separate from the returns of its shareholders. For the first year, the incorporated company can choose the year-end date. The first “year” can be less than 12 months. Once the incorporated company chooses the date of its fiscal year-end, it is almost impossible to change it. So it is important to choose carefully.

An incorporated company has six months to file its taxes after the year-end it has chosen. It is important to know that Canadian-controlled private corporations have three months to pay their taxes to the Canada Revenue Agency and two months to pay their taxes to Revenu Québec. Companies that do not pay on time are charged interest.

Quarterly instalments – self-employed workers and registered companies

If you are self-employed and not a salaried worker, you do not have source deductions on your salary. To plan the taxes that you have to pay on your annual income, you have to make quarterly payments. These spread your income tax payments to Revenu Québec and the Canada Revenue Agency out over the year.

These partial payments are made every three months to cover income taxes and any other contributions. By making these instalments, you

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Ideas to consider when choosing a fiscal year-end datewww.agentsolo.com

PARTIE 4

PART 6

more than one year. The total cost of this type of purchase is not deducted in the year of acquisition. Only a portion of it, which is called depreciation or capital cost allowance, is deductible each year, based on percentages and categories established by the Canada Revenue Agency and Revenu Québec.

3 If you carry on your business in one of the rooms in your own home, you can deduct the relative percentage for that room in your income tax return each year. For example, if you have a four-room apartment that costs $1000 a month and one room is reserved for your business, you can deduct 25%, or $250, for the rent of that work space each month.

To complete your income tax return more efficiently, you can go to the Revenu Québec website at www .revenu .gouv .qc .ca and click on Self-employed person / Fiscal obligations /Incometaxreturn.Youcanalsogethelpby phoning 514-864-6299 for individuals in business or 514-873-4692 for businesses and employers. On the federal side, you can get more information from the Canada Revenue Agency website at www .cra-arc .gc .ca or by phoning 1-800-959-7383.

Basic tax deductions for incorporated companies

Incorporated companies can deduct expenses incurred to do business. These expenses must be reasonable and backed up with supporting documents(invoices,contracts,etc.)thatmust be kept for at least 6 years, including the current year.

Here are some tax-deductible purchases:

3 Current expenses and asset acquisitions (thecurrentexpensesare100%deductibleimmediately and asset acquisitions are amortized)

3 Current or rapid consumption expenses are, for example, merchandise purchased for resale, office supplies, salaries, etc.

3 Asset acquisitions are, for example, computers, printers, desks, etc. The total cost of this type of purchase is not deductible in the year of acquisition. A portion called depreciation or capital cost allowance can be deducted, based on percentages and categories established by the Canada Revenue Agency and Revenu Québec.

reduce the amount of income tax you have to pay when you file your annual income tax return.

Advice for the first year in business: Before the end of the first year of business

activity, the Québec and Canadian government do not yet know that you are in business, because you have never filed a tax return (incomedeclaration)foryourbusiness.Bothlevels of government will expect you to pay the taxes that you did not pay in instalments during the first year in business, so it is very important to set aside some money to cover these costs.

Instalments – Incorporated business

Depending on the start-date of the incorporated business’s current fiscal year, it must make quarterly instalments if it paid morethan$1000inincometaxes(ifthetaxyearbeganbeforeJanuary1)or$3000intaxes(ifthetaxyearbeganJanuary1orlater)theyear before.

The company will be charged interest on any unpaid instalments. The instalments are paid at the end of every month. The minimum amount of the instalment to pay to avoid interest is one-twelfth of the previous year’s tax bill. This rule applies to both Revenu Québec and the Canada Revenue Agency. The only time you can make a smaller instalment is if you know that your income will be lower than the previous year. Otherwise the company will be liable for penalties and interest.

Tax deductions for self-employed workers

Self-employed workers can deduct any expense incurred in relation to the entrepreneurial activity. These expenses must be backed by supporting documents, including invoices and contracts.

3 Current expenses and asset acquisitions are eligible self-employment deductions. Current expenses are usually deducted immediately,at100%(merchandisepurchased for resale, office supplies, salaries,etc.).

3 Assets are amortized and constitute a long-term benefit for the company. These assets(software,computer,car,officefurniture,etc.)areusefulandusablefor

PART 6the accounting and tax system in Québec

IMMIGRAFFAIRES - 45

Payment of instalments and late payment

penaltiesRevenu Québec /

Self-employed person / Fiscal obligations

www.revenu.gouv.qc.ca

PART

6It is very important to produce your company tax return on time in order to avoid interest and penalties.

SAVIEZ-VOUS QUE ?En tant que travailleurs autonomes,

entreprises immatriculées ou incorporées, vous devez mettre à jour annuellement les renseignements concernant votre entreprise. N’hésitez pas à vous renseigner auprès de Revenu Québec et de l’Agence du Revenu du Canada.

Income taxes – Sole proprietorship, general partnership and partnership

Depending on the legal form of your business, your income tax return may be different. For more information on deductions and tax credits you may have a right to claim, go to www .revenu .gouv .qc .ca. It is important for you to understand certain income tax rules if you are starting a business – make sure you get the information you need.

GST (goods and services tax) and QST (Québec sales tax)

Under an agreement between the government of Canada and the government of Québec, Revenu Québec administers the GST in Québec. That means that Revenu Québec collects and processes GST registration applications for anyone who carries on business activities in the province.

General rules

The GST and QST are taxes that apply to most goods and services that a business can sell or offer.

3 The GST is calculated at a rate of 5%

(asofJune1,2009)onthesaleprice.

3 The QST is calculated at a rate of 7.5% (asofJune1,2009)ontheprice including GST.

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Need more details aboutthesetaxes?www.revenu.gouv.qc.ca

Example for a $100 purchaseCost of product or service: 100,00 $5%GST($100.00×5%)= 5,00$Subtotal($100.00+$5.00)= 105,00$7.5%QST($105.00×7.5%)=7,88$ Total payable by the customer: $100.00 +$5.00(5%GST)+$7.88(7.5%QST)=$112.88

It is not mandatory to register for the GST and the QST to create a business. In fact, it is only when you have generated income of over $30,000(beforetaxes)inthefourpreviousquarters that you have to register. Analyse your projected financial statements before you make a decision.

GST and QST registrationWhen a business conducts taxable sales,

it generally has to collect the taxes. This makes it an agent of Revenu Québec, and as such it must register for the consumption taxes on the Revenu Québec website at www .revenu .gouv .qc .ca . This site also provides information about how to collect, calculate and remit the taxes, how to apply both taxes to various transactions, the use of coupons, expenses related to meals and entertainment, sales made to diplomats or governments, and refund applications.

The Canada Revenue Agency provides information to self-employed workers and businesses about registering for the GST.Youcanfinemoreinformationat www . cra-arc .gc .ca in the Business section under “My Business Account” or by calling 1-800-959-7775.

Source deductions and contributions

If you expect to pay a salary or compensation to one or more employees, you have to hold back certain source deductions on your employees’ salary and, as the employer, remitcertaincontributions.Youwillneedtoregister as an employer with Revenu Québec at www .revenu .gouv .qc .ca or by calling 514-873-4692 and with the Canada Revenue Agency at www .cra-arc .gc .ca in the “My Business Account” section or by calling 1-800-959-7775.

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IMMIGRAFFAIRES - 47

You have to keep certain proofs to support this information: 3 The daily statement of your income, with

your invoices and cash register tape 3 The daily statement of your operating

expenses, with cancelled cheques and receipts

3 A mileage report for every vehicle used partly for your professional or business activity and partly for personal use

3 Supporting documents for business-related travel

3 Supporting documents for property expenses

3 Invoices and monthly statements for credit card transactions

3 Records indicating the names of your employees, their salary and deductions madeforeachofthem.•

As an employer, you always have to withhold taxes and contributions on the remunerationyoupaytoyouremployees.Youalso have to pay certain contributions yourself. In the “Businesses” section of the Revenu Québec website at www .revenu .gouv .qc .ca and the “Business” section of the Canada Revenue Agency website at www .cra-arc .gc .ca, you will find documents to complete and information about withholding taxes, employer contributions, remitting withholding taxes and contributions, and so on.

All employers must register with Revenu Québec and the Canada Revenue Agency to receive an identification number. This number must be used to pay source deductions, employer contributions and, for specified financial institutions that are not corporations, compensation tax.

To get your identification number, please

contact Revenu Québec and the Canada Revenue Agency.

BookkeepingIf you operate a business in Québec, you

have to keep records. These documents, like your supporting documents, must be kept for six (6) years in paper or electronic form in your place of business, your home or any other place designated by Revenu Québec.

The information in these documents must allow Revenu Québec to verify:3Yourbusinessincomeandexpensesto

establish any amounts payable 3 Amounts collected for the GST and QST 3 Taxes you have paid, if you apply for an

inputtaxcredit(ITC)orinputtaxrebate(ITR)

3 All information used to calculate withholding taxes and employer contributions

PART 6

www.revenu.gouv.qc.ca /self-employed person /

registers and supporting documents


PART 7

labour standards in Québec

PART 7IMMIGR AFFAIRES

IMMIGRAFFAIRES - 49

Alexandre PernettaOriginally from France

Chef–co-ownerLa cuisine de Lili Margot

www.lilimargot.com

“When you owe money to the government, including source deductions, never pay them late – not even one

day late. The penalties are really high!”

PART

7IMMIGR AFFAIRES

Human resources management

The Commission des normes du travail (labourstandardsboard)hasdesignedahuman resources guide for employers. This document will provide you with information about all aspects of personnel management, from hiring to firing.

The guide includes four sections:3 General administrative tools for the

employer(salaryrecords,payslips,etc.)3 What you need to know to hire an

employee(salary,schedule,holidays,absences,etc.)

3 Workobligations(holidays,vacation,parental leave, illness, psychological harassment,etc.)

3 Jobterminationprocedures(resignation,endofcontract,dismissal,etc.).

Public holidays

As an entrepreneur and an employer, you need to know that…

The Act respecting Labour Standards includes provisions concerning public holidays that protect most salaried workers in Québec, whether they work full time or part time.

Most salaried workers in Québec have the right to a day off with compensation for each of the following statutory general holidays: 3January1(NewYear’sDay)3 Good Friday or Easter Monday

(employer’schoice)3 TheMondaybeforeMay25(Patriot’sDay,

alsoknownasVictoriaDay)3 June24(Québecnationalholiday,also

knownasSt.JohntheBaptistDay)3 July1(CanadaDay)3 FirstMondayinSeptember(LabourDay)3 SecondMondayinOctober(Thanksgiving)3 December25(ChristmasDay)

Salaried workers in the clothing industry also have the right to the following holidays:3 January 2 3 Good Friday and Easter Monday

People who work in clothing boutiques are not considered to be part of this industry.

Employers should know that salaried workers who have to work on any of these statutory holidays have the right to a compensatory indemnity or day off. For more information, visit the Commission des normes du travail website at www .cnt .gouv .qc .ca or ask for information by phone, at 514-873-7061.

Act respecting Labour Standards

Since 1980, the working conditions for non-unionized workers in Québec in businesses under provincial jurisdiction have been governed by the Act respecting Labour Standards. This law establishes the minimum working conditions that are the right of salaried workers. Further stipulations are set out in related regulations such as the Regulation respecting Labour Standards.

Labour standards such as those described

in the law and government regulations are public. Everyone – employers and salaried workers – must comply with them, and any agreement to the contrary is deemed null and void(section93).TheCommission des normes du travail (QuébecLabourStandardsBoardorCNT)isthegovernmentorganizationmandatedto apply the Act respecting Labour Standards and its related regulations. The Board receives complaints from salaried workers who feel they have been wronged by their employer. To this end, it has a number of powers related to investigation, mediation, prosecution and representation.

The Act respecting Labour Standards governs the following:3 Application of the law3 Salary3 Length of work day3 Holidays3 Leave for family or parental reasons3 Child labour3 Labour in certain sectors of the clothing

industry3 Termination of employer-employee

relationship

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The guide can be found atwww.cnt.gouv.qc.ca

PARTIE 4

PART 7

3 Complaints to the Commission des normes du travail

3 Psychological harassment at work

For more information about holidays, leaves of absence, salary, payroll, work, job termination, events not covered by a standard and more, please go to the CNT website at www .cnt .gouv .qc .ca

The Act respecting Labour Standards and the self-employed worker

The labour standards act protects most salaried workers in Québec, but some people are completely excluded, including self-employedworkers.Youcanfindoutmoreatwww .cnt .gouv .qc .ca in the “Not Covered” section under “Worker not covered by the Act respecting Labour Standards.”

Recourse

For entrepreneurs with employees

Before terminating an employee for bad behaviour or inadequate performance, you have to go through a progressive system of corrective sanctions.

These are the steps you have to follow before you fire an employee:

1. Warn the employee verbally2. Warntheemployeeinwriting(lettergiven

in person or by registered mail to the employee’shome)

3. Subject the employee to a short suspension

4. Subject the employee to a long suspension

If, after all these warnings and measures, the employee’s performance is still inadequate, you must meet with the employee and discuss the following points: 3 Inform the employee of your expectations

as an employer and review the company’s policies

3 Point out the employee’s shortcomings3 Provide adequate support for the employee

to correct the situation and achieve the objectives

3 Give the employee enough time to adjust3 Inform the employee clearly of the risk of

being fired if things do not improve

Youcanonlyfireasalariedworkerifallthesemeasures do not produce the desired result.

Disagreement between you and your employee

In the event of a disagreement, talk to your employee, because by taking action quickly, you can reduce the risk of complaints against you to the Commission des normes du travail (CNT).

Minimum wage

Since May 1, 2009, the general minimum wage has been set at $9.00 an hour, or $8.00 for employees who earn tips. The government changes the minimum wage periodically.

Withholding taxes and contributions

As the owner or future owner of a business, youhavetomakesourcedeductions(withholdcertain taxes and contributions from your employees’salaries)andpaycontributions andcompensationtax(es)totheQuébec (provincial)andCanadian(federal)governments.

* Youwillfindalistofallwithholdingtaxesand contributions in Appendix 14.

To access all the forms and calculation guides for withholding taxes and employer contributions, please go to the Services Québec-Entreprises website to find and print the documents you need.

Your obligation to pay contributions as an entrepreneur (business owner)

All businesses in Québec and elsewhere in Canada have to pay withholding taxes and contributions to the governments. If you do not pay, you will be charged costly fines and your reputation will be affected.

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IMMIGRAFFAIRES - 51

For more information:

Commission des normes du travail

www.cnt.gouv.qc.ca514-873-7061

To find out more about…* The steps for

processing a complaint against

your business * The details about

admissible and inadmissible complaints

* The powers of the CNT if the complaint is accepted

Go towww.cnt.gouv.qc.ca

PART

7Hire an employee

Recruiting employeesAs an entrepreneur and a business owner,

you may have to hire employees. On the Emploi-Québec website you can use the Online Placement service to recruit personnel. This service allows you to write your own job offer and review the applications received.

For more information: Emploi-Québec Online Placement Phone: 1-866-640-3058Website: www .emploiquebec .net

* See a sample job ad in Appendix 15.

• As soon as you hire a new employee, it is important to clarify certain points .

Salary3 Specify the salary and the method of

remuneration: by the hour, weekly, performance-based, commission or other basis.

3 Explain how the salary will be paid: in cash, by cheque or by automatic deposit into the employee’s bank account.

3 Tell the employee the pay period: weekly, every two weeks, monthly.

3 If the employee will receive tips, explain the tip distribution or tip sharing arrangements inbusiness(ifany).

Gross and net salary3 The gross salary is calculated as follows:

hourly rate times the number of hours workedintheweek(example:$15.00/hour×35hours=$525.00).

3 The net salary is the gross salary less the deductions the employee has to pay on every paycheque.

3 The mandatory deductions that a business manager has to take off of the employees’ paycheques are indicated on the payslip. In Québec, the deductions are federal and provincial income taxes, Québec pension plan(QPP),employmentinsuranceandparental insurance contributions, and union dues, if the employee is unionized. Theremayalsobeotherdeductions(suchas contributions to a social club, a pension plan,RRSP,etc.).

3 The Commission des normes du travail website(www .cnt .gouv .qc .ca)offersanarray of interesting information on how to

calculate net salary. A section called Calculation tools allows you to test certain calculations based on your own salary, for free.

Hours of work3 Determine the schedule, the length of meal

breaks, coffee breaks and other types of breaks, if applicable.

3 Explain the length of the normal work week (forexample,35hoursaweek).

Holidays and leaves of absence3 Inform the employee of the reference year

in effect in the business.3 Specify whether the business closes during

vacations, at Christmas, etc.3 Give the employee a list of the holidays he

or she has a right to.

Probation period3 In Québec, most employees are hired

permanently if they successfully complete theprobationperiod(trialperiod).

3 A newly hired employee is subjected to a trial period of varying length, usually from three to six months.

3 This period allows the employer to determine whether the employee meets the hiring criteria and performs up to the business’s standards.

3 When the trial period is over, the employer and employee meet to evaluate whether the employee will stay on.

3 If the employee has not fulfilled the minimum requirements of the position, he or she may lose the job or be subject to an extended trial period.

Offer letter3 When you hire a new employee, it is a good

idea to write an offer letter to make the employee’s arrival in your business official and to identify in writing all the conditions related to the position in question.

3 The offer letter must be written by the employer and signed by the new employee and his or her immediate supervisor (ortheemployer).

* See a sample offer letter in Appendix 16

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PARTIE 4

PART 7

Human rightsThe Charter of Human Rights and

Freedoms is a law. The Charter confirms and protects the rights and freedoms of everyone living in Québec. Its major objective is to smooth relations among people, and between people and institutions, in order to uphold human dignity.

For more information about the Charter of Human Rights and Freedoms, its provisions, who must comply with it, and the limits to the exercise of fundamental rights, please go to the Commission des droits de la personne et des droits de la jeunesse website at www .cdpdj .qc .ca or refer to Appendix 17.

Self-employed workers’ rights to employment insurance benefits and parental leave benefits Can self-employed workers get parental leave benefits?

As of January 1, 2006, all self-employed workers who earn $2000 or more must contribute to the Québec Parental Insurance Program. They can therefore receive parental leave benefits if they are eligible, as well as maternity or paternity benefits.

For more details, go to the Québec Parental Insurance Program website at www .rqap .gouv .qc .ca

Can self-employed workers get employment insurance benefits?

According to the Canada Revenue Agency (CRA)Income Tax Act, these are the kinds of businesses that are not usually insured under the employment insurance program:3 A business carried on by an independent

worker, a self-employed worker who has a service contract with a business or an individual where the worker determines the hours.

3 A business directed by a sole proprietor who carries out all activities, assumes all powers and obligations and is personally responsible for the debts of the business.

To find out more about all the rules surrounding the Income Tax Act, go to www .servicecanada .gc .ca

Additional information: self-employed workers and the Commission de la santé et sécurité au travail (CSST or workplace health and safety board)

Are self-employed workers covered by CSST?

No, not unless they decide to contribute to the plan personally. There are individual criteria to fulfil in order to be considered a self-employed worker under the Act respecting industrial accidents and occupations diseases

• For more information on your personal situation, go to the CSST website at www.csst.qc.ca or call 1-866-302-2778. •

PART 7labour standards in Québec

IMMIGRAFFAIRES - 53

IMMIGR AFFAIRESacknowledgements

54 - IMMIGRAFFAIRES

The SAJE would like to thank all the organizations and individuals who contributed to the creation of the ImmigrAffaires guide . We especially thank the following organizations, whose contributions allowed us to provide promoters and entrepreneurs with a much more thorough and complete guide .

Financial partner

Ministère des Affaires municipales, des Régions et de l’Occupation du territoire

Reading committee

Acto-Marketing Valérie Vinuesa, entrepreneur

Carrefour jeunesse-emploi Côte-des-Neiges Vanessa Kanga, entrepreneurship officer

Chambre de commerce du Montréal métropolitain Marie-Pierre Veilleux, chargée de projet

Chantier d’Afrique du Canada – CHAFRIC Saliou Coundoul, project manager

Conférence régionale des élus de Montréal Danny Roy, project manager, Entrepreneurship Ricardo Acevedo, development officer, Immigration

Corporation de développement économique communautaire (CDEC) Ahuntsic-Cartierville Robinson Moïse, management consultant – Financing of private companies

Corporation de développement économique communautaire (CDEC) Côte-des-Neiges/ Notre-Dame-de-Grâce Anissa Kherrati, business consultant

Corporation de développement économique communautaire (CDEC) Rosemont/Petite-Patrie Didier-K. Muamba, management consultant

Développement économique LaSalle Aziz Guellouz, development officer

Info entrepreneurs Jacinthe Daoust, content editor – Regionalization coordinator

Interconnexion Nord-Sud Cyriaque Sumu, entrepreneur

Programme d’information sur le travail et la recherche d’emploi de Montréal – PITREM Linda Boughettaïa, employment consultant and immigration sector

Réseau des Entrepreneurs et Professionnels Africains – RÉPAF Komlan Messie, entrepreneur

Service d’aide aux jeunes entrepreneurs Montréal Centre Abderrahmane Bénariba, consultant

SAJENawal Hanani, management consultant Sylvain Martin, project manager Jérôme Matas, training consultant Caroline Trudel, training consultant Julia Vallelunga, training consultant Nizar Zaghdani, training consultant

Businesses

Dinh Ba DesignNguyen Dinh Ba, entrepreneur

Esprit de corpsGilles Barbot, entrepreneur

La Cuisine de Lili MargotAlexandre Pernetta, entrepreneur

Les Aliments Magrebia inc .Mourad Ghariani, entrepreneur

Média et Rédacktica ProYasminaElJamaï,entrepreneur

Pâtisserie S&SSusana Jimenez, entrepreneur

Magazine Réussir IciMedhi Benboubakeur, entrepreneur

Transafrique Canada inc .Magatte Fall, entrepreneur

Advisory committee

Lafortune Cadieux Avocats, s .e .n .c .r .l .Me Maude Fréchette Me Frédéric Letendre

Ministère de l’Immigration et des Communautés culturelles

SAJEManon Bisaillon, accountant Aurélie Alaume, communications officer

Project supervision

SAJE Vincent Lecorne, assistant executive director

Project coordination

SAJEHélène Veilleux, management and orientation consultant

IMMIGR AFFAIRESconclusion

Theentrepreneuristhecornerstoneofthebusiness’ssuccess.Youmayhaveagoodbusinessidea,butareyoucertaintheproject is right foryou?Beforeyoustartyourbusiness,youneedto know yourself personally and professionally.What do you like and dislike?What are yourstrengthsandweaknesses?Whydoyouwanttobecomeanentrepreneur?AsyoulearnedintheImmigrAffaires guide, you need to have the typical qualities of an entrepreneur or be interested in developing them. If you are enthusiastic about what you are doing, why not turn it into a business project?It’suptoyou!

When you make the decision to go into business, make sure you look for help. Now you know that there are a great many organizations that help business start-ups. It is crucial for you to get in contact with the resources that can help you, no matter where you are in the business creation process. Whether you need help to evaluate the potential of your business idea, structure your project, write your business plan, do a market study, or look for financing, you can contact an expert in any of these areas using the extensive references provided in this guide.

We have repeatedly encouraged you to join a business network. The best way to make yourself

known as an entrepreneur is to get involved in the many activities related to your line of business. Take part in Chamber of Commerce events, get involved in a board of directors, volunteer at a community centre in your neighbourhood. The more people see you, the more likely they will be to think of you when they need your products or services.

Finally, remember that no one is a born entrepreneur. It is a trade that must be learned, so if you think you need to do some training to improve your technical, managerial or sales skills, then goforit!Surroundyourselfwithpeoplewhohavetheskillsyoulack.Yourteamwillbeallthestronger for it!

Good luck!

IMMIGRAFFAIRES - 55

K Agent solo, Solo Agent News and Tips, www .agentsolo .com, August 2009.

K Association des CLD du Québec, CLD contact information, www .acldq .qc .ca, April 2009.

K Association du Jeune Barreau de Montréal, Juri-Conseils aux entreprises, www .ajbm .qc .ca, June 2009.

K BOUTIN, Eric, Les droits, obligations et déductions fiscales de base d’une société incorporée, www.agentsolo.com, October 17, 2008.

K Business Development Bank of Canada, Self-Assessment Questionnaire, www .potentielentrepreneur .ca, June 2009.

K Canada Business, Regulations, Licenses and Permits, www .canadabusiness .ca, July 2009.

K Canada Revenue Agency, Business, www .cra-arc .gc .ca, May 2009

K Canadian Intellectual Property Office, Patents, Trade-marks, Copyright, Industrial designs, www .cipo .ic .gc .ca, August 2009.

K Canadian International Development Agency, www .acdi-cida .gc .ca, May 2009.

K Citizenship and Immigration Canada, Adapting to culture shock, www .cic .gc .ca, May 2009.

K Commission de la construction du Québec, Competency certificates, www .ccq .org, April 2009.

K Commission de la santé et sécurité au travail, Workers, www .csst .qc .ca, July 2009.

K Commission des droits de la personne et des droits de la jeunesse, Human Rights, www .cdpdj .qc .ca, August 2009.

K Commission des normes du travail, Human Resource Management Guide, www .cnt .gouv .qc .ca, July 2009.

K Compagnie-F, Entrepreneurship for women, www .compagnie-f .org, April 2009.

K Conseil interprofessionnel du Québec, Professional Orders, www .professions-quebec .org, April 2009.

K Desjardins, Business Owners, www .desjardins .com, June 2009.

K Emploi-Québec, Online Placement, www .emploiquebec .net, March-August 2009.

K Filaction, Fonds de développement, www .filaction .qc .ca, June 2009.

K Fondation de l’alphabétisation, Ligne Info-alpha, www .fondationalphabetisation .org, April 2009.

K Hautesétudescommerciales(HEC),Chair of SMB Development and Succession, www .fromsuccesstosuccession .com, July 2009.

K Immigration-Québec, Francization Partners, www .immigration-quebec .gouv .qc .ca, April 2009.

K Immigration-Québec, Regulated professions and trades, www .immigration-quebec .gouv .qc .ca, April 2009.

IMMIGR AFFAIRESbibliography

56 - IMMIGRAFFAIRES

IMMIGR AFFAIRESbibliography

K Info Entrepreneurs, Programs, services and resources for entrepreneurs, www .entreprisescanada .ca, July 2009.

K Ma garderie, Search for available daycare spaces, www .magarderie .com, March 2009.

K Ministère de la Famille et des Aînés, Guichetsrégionauxd’accèsauxplacesenservicedegarde(regionaldaycareaccessservice), www .mfa .gouv .qc .ca, March 2009.

K Moisson Montréal, Distribution to agencies, www .moissonmontreal .org, February 2009.

K Office des professions du Québec, Code des professions, www .opq .gouv .qc .ca, April 2009.

K Office québécois de la langue française, Charter of the French Language, www .olf .gouv .qc .ca, April 2009.

K Portail d’affaires des jeunes entrepreneurs, Boîte à outils, www .paje .ca, June 2009.

K Portail d’affaires des jeunes entrepreneurs, Parcours, www .paje .ca, April 2009.

K Registre des entreprises du Québec, Business registry, www .registreentreprises .gouv .qc .ca, June 2009.

K Regroupement des comités Logement et Associations de Locataires du Québec, Groupes logement, www .rclalq .qc .ca, February 2009.

K Regroupement des cuisines collectives du Québec, Collective Kitchens/member lists, www .rccq .org, February 2009.

K Réseau des carrefours jeunesse-emploi du Québec, Find your CJE, www .cjereseau .org, March 2009.

K Réseau juridique du Québec, Guide de la franchise, www .avocat .qc .ca, June 2009.

K Revenu Québec, Businesses, www .revenu .gouv .qc .ca, May 2009.

K Salvation Army, Second-hand stores, www .salvationarmy .ca, February 2009.

K SAJE, Services, www .sajeenaffaires .org, March 2009.

K Service Québec-Entreprises, Human resources, www .entreprises .gouv .qc .ca, August 2009.

K Services Québec, Businesses, www .entreprises .gouv .qc .ca, March-August 2009.

K Statistics Canada, 2006 census, www .statcan .gc .ca, April 2009.

K Statistics Canada, Employment Dynamics, 1983-1999, www .statcan .gc .ca, 2009.

K VALLERAND, Nathalie, magazine Les Affaires Plus, March 2009, page 22, volume 32, no. 3.

K Value Village, www .valuevillage .ca, February 2009.

K YouthEmploymentServices, Services for entrepreneurs, www .yesmontreal .ca, March 2009.

IMMIGRAFFAIRES - 57

58 - IMMIGRAFFAIRES

APPENDICESIMMIGR AFFAIRES

IMMIGRAFFAIRES - 59

APPENDIX 1Basic needs

HOUSING NEEDS

List of housing committees in Montréal

60 - IMMIGRAFFAIRES

HOUSING COMMITTEEBY RESIDENTIAL TERRITORY PHONE

Action Dignité St-Léonard 514 251-2874

Association des locataires de l’Île-des-Sœurs 514 767-1003

Association des locataires de Villeray 514 270-6703

Comité de base pour l’action et l’information sur le logement social Hochelaga-Maisonneuve 514 522-1817

Comité d’action des citoyennes et des citoyens de Verdun 514 769-2228

Comité d’action de Parc Extension 514 278-6028

Comité logement Ahunstic-Cartierville 514 331-1773

Comité logement Centre-Sud 514 521-5992

Comité logement de Lachine 514 639-8070

Comité logement de Montréal-Nord 514 852-9253

Comité logement du Plateau 514 527-3495

Comité logement Petite Patrie 514 272-9006

Comité logement Rosemont 514 597-2581

Comité logement de St-Henri 514 935-4649

Conseil communautaire de Notre-Dame-de-Grâce 514 484-1471

Entraide logement Hochelaga-Maisonneuve 514 528-1634

InfoLogis de l’Est de l’île de Montréal 514 354-7373

OEIL (Organisation d’éducation et d’information logement) de Côte-des-Neiges 514 738-0101

Projet Genèse de Côte-des-Neiges 514 738-2036

Regroupement information logement de Pointe Saint-Charles 514 932-7742

IMMIGRAFFAIRES - 61

PUBLIC SERVICES

DaycaresIn Québec, children may be eligible for subsidized daycare. The number of available places is limited, however. The Québec government grants subsidies to recognized daycare establish-ments, so the parents only have to pay $7 (February 2010) per day. Parents who want to access a spot in a subsidized daycare, either in a Centre de la petite enfance (CPE) or a family-run daycare, must first put their child(ren) on a waiting list. For more information about daycares in Montréal and services available for parents, go to the Ma Garderie website at www.magarderie.com or the ministère de la Famille et des Aînés website at www.mfa.gouv.qc.ca

Job search Even though your objective is to become an entrepreneur, you may need to find a job in the meantime. In Québec, most job-search organizations are subsidized by the ministère de l’Emploi et de la Solidarité sociale – that is, Emploi-Québec. At the Emploi-Québec website (www.emploiquebec.net) you can look at job offers that might interest you. You’ll also find all sorts of valuable information about the job market in Québec and about employment opportunities in the various sectors of the economy.

Other services For other public services, such as consumption, housing, health problems, cards, permits and certificates, the Québec parental insurance program, community services directory and so on, you can ask at Services Québec by calling 514-644-4545 or 1-877-644-4545. You’ll also find information at www.servicesquebec.gouv.qc.ca

FOOD NEEDS

There are many resources and community activities in Montréal that promote the sharing of economical recipes to help people who need to feed themselves on a small budget.

Montréal collective kitchensTo help people achieve food self-sufficiency, small groups of people pool their time and cooking skills to make healthy, affordable meals. By sharing and helping each other, these groups have ongoing, long-term access to enough food on a daily basis. If you would like to join a collective kitchen, you’ll find all the information you need on the Regroupement des cuisines collectives du Québec website at www.rccq.org (look on the French side – the English side has only basic information).

Food banks in MontréalFood banks collect, manage and share food to help underprivileged people. Their efforts are rooted in donations, sharing and volunteering. To find the food bank closest to you, go to the Moisson Montréal website at www.moissonmontreal.org

CLOTHING NEEDS

If you need low-cost clothing, you can go to one of the many discount stores in Québec. Try the following websites: Salvation Army, www.armeedusalut.ca/magasins (the French site has a list of stores under Québec/magasins) or www.valuevillage.ca, to find the store closest to your home.

APPENDIX 2Contact information for local development centres (CLDs) and

Community economic development corporations (CDECs) in Montréal

CDEC Ahuntsic-Cartierville433, Chabanel Ouest, suite 304 (niveau M-2)Montréal (Québec) H2N 2J4Phone: 514-858-1018Website: www.cdec.qc.caCDEC Centre-Nord7000 du Parc ave., suite 201Montréal (Québec) H3N 1X1Phone: 514-948-6117Website: www.cdec-centrenord.orgCDEC Centre-Sud/ Plateau Mont-Royal3565 Berri, suite 200Montréal (Québec) H2L 4G3Phone: 514-845-2332Website: www.cdec-cspmr.org CDEC Notre-Dame-de-Grâce/ Côte-des-Neiges4950 Queen Mary, suite 101Montréal (Québec) H3W 1X3Phone: 514-342-4842Website: www.cdeccdnndg.org CDEC Rosemont/Petite-Patrie6224 St-HubertMontréal (Québec) H2S 2M2Phone: 514-723-0030Website: www.cdec-rpp.ca CLD Anjou7104 Joseph-Renaud blvd.Anjou (Québec) H1K 3V5Phone: 514-493-5113Website: www.cldanjou.com CLD Centre-Ouest710 Saint-GermainSaint-Laurent (Québec) H4L 3R5Phone: 514-855-5757Website: www.destl.ca CLD de l’Ouest-de-l’Île207 Place FrontenacPointe-Claire (Québec) H9R 4Z7Phone: 514-426-2888Website: www.cldwi.com CLD de Lachine1024 Notre-DameLachine (Québec) H8C 2C2Phone: 514-469-9808

CLD Les 3 Monts10 Roosevelt ave.Mont-Royal (Québec) H3R 1Z4Phone: 514-737-1253Website: www.cldles3monts.com CLD Montréal-Nord11 211 Hébert ave.Montréal-Nord (Québec) H1H 3X5Phone: 514-353-7171Website: www.cldmn.qc.ca CLD Verdun4400 LaSalle blvd.Verdun (Québec) H4G 2A8Phone: 514-362-1555Website: www.cldverdun.org Corporation de développement de l’Est (CDEST)2030 Pie-IX blvd., suite 201Montréal (Québec) H1V 2C8Phone: 514-256-6825Website: www.cdest.qc.ca Développement économique LaSalle (DEL)55 Dupras ave.LaSalle (Québec) H8R 4A8Phone: 514-367-6380Website: www.cdelasalle.com Corporation de relance économique et communautaire St-Léonard (CREC)5960 Jean-Talon East, suite 310Montréal (Québec) H1S 1M2Phone: 514-256-6767Website: www.crec-stleonard.qc.ca Regroupement économique et social du Sud-Ouest (RÉSO)1751 Richardson, suite 6509Montréal (Québec) H3K 1G6Phone: 514-931-5737Website: www.resomtl.com Société de développement économique Ville-Marie (SDÉVM)615 René-Lévesque blvd. West, suite 720Montréal (Québec) H3B 1P5Phone: 514-879-0555Website: www.sdevm.ca Société de développement économique Rivière-des-Prairies/Pointe-aux-Trembles/Montréal-Est (SODEC)7305 Henri-Bourassa East, suite 200Montréal (Québec) H1E 2Z6Phone: 514-494-2606Website: www.sodec.qc.ca

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IMMIGRAFFAIRES - 63

APPENDIX 3List of Carrefours jeunesse-emploi (youth job centres or CJEs) in Montréal

CJE Ahuntsic-Bordeaux-Cartierville10794 LajeunesseMontréal (Québec) H3L 2E8Phone: 514-383-1136Website: www.cje-abc.qc.ca CJE Anjou/St-Justin7100 Joseph-Renaud blvd.Montréal (Québec) H1K 3V5Phone: 514-353-5400Website: www.cjeanjou.com CJE Bourassa-Sauvé (Montréal-Nord)4981 Charleroi, suite 202Montréal (Québec) H1G 2Z2Phone: 514-327-5555Website: www.cjebourassasauve.com CJE Centre-Nord (Villeray, St-Michel, Parc Extension)7000 du Parc Ave., suite 407Montréal (Québec) H3N 1X1Phone: 514-729-9777Website: www.cje-centrenord.com CJE Centre-Sud/Plateau Mont-Royal / Mile-End1035 Rachel East, 3rd floorMontréal (Québec) H2J 2J5Phone: 514-528-6838Website: www.cjemploi.org CJE Côte-des-Neiges6555 Côte-des-Neiges, suite 240Montréal (Québec) H3S 2A6Phone: 514-342-5678Website: www.cjecdn.qc.ca CJE Hochelaga-Maisonneuve3440 Ontario East, 3rd floorMontréal (Québec) H1W 1P9Phone: 514-523-2400Website: www.cdest.qc.ca CJE LaSalle1191 90e avenue, suite 200LaSalle (Québec) H8R 3A6Phone: 514-368-1832Website: www.destinationtravail.org CJE Marquette633 George VLachine (Québec) H8S 2R9Phone: 514-634-0450Website: www.cjemarquette.qc.ca CJE Mercier7962 Hochelaga, 2nd floorMontréal (Québec) H1L 2K8Phone: 514-354-5552Website: www.pitrem.org

CJE Montréal Centre-Ville1184 Ste-Catherine West, suite 300Montréal (Québec) H3B 1K1Phone: 514-875-9770Website: www.cjemontreal.org CJE Notre-Dame-de-Grâce6370 Sherbrooke WestMontréal (Québec) H4B 1M9Phone: 514-482-6665Website: www.cje-ndg.com CJE Ouest-de-l’Île225-F HymusPointe-Claire (Québec) H9R 1G4Phone: 514-782-0433Website: www.cjeouestile.qc.ca CJE Pointe-aux-Trembles/Montréal-Est1400 St-Jean-Baptiste blvd., suite 27Montréal (Québec) H1B 4A5Phone: 514-640-4700Website: www.saee.net/cje CJE Rivière-des-Prairies8595 Maurice-Duplessis blvd., suite 209Montréal (Québec) H1E 4H7Phone: 514-648-8008Website: www.cje-rdp.org CJE Rosemont/Petite-Patrie1453 Beaubien East, suite 302Montréal (Québec) H2G 3C6Phone: 514-279-8725Website: www.gcsd.qc.ca CJE Saint-Laurent1482 de l’Église, suite 200Saint-Laurent (Québec) H4L 2H6Phone: 514-855-1616Website: www.cjestlaurent.orgCJE Sud-Ouest de Montréal 3173 D St-Jacques WestMontréal (Québec) H4C 1G7Phone: 514-934-2242Website: www.cjeso-mtl.org CJE Verdun4005 WellingtonVerdun (Québec) H4G 1V6Phone: 514-767-9971Website: www.sipcje.org CJE Viger/Jeanne-Mance5960 Jean-Talon East, suite 308Montréal (Québec) H1S 1M2Phone: 514-256-5051Website: www.cjest-leonard.com

APPENDIX 4List of entrepreneurial assistance organizations

This chart does not include for-profit businesses

ORGANIZATION CATEGORY CONTACT

Fondation de l’entrepreneurship Mentorship – Business networking Québec City: 418-646-1994Montréal: 514-873-3262

1-800-661-2160 (toll free)www.entrepreneurship.qc.ca

Groupement des chefs d’entreprises du Québec Mentorship – Business networking Montréal: 514-523-2836 or 514-274-3961General information: 819-477-7535

www.groupement.ca

Various chambers of commerce Mentorship – Business networking * See Appendix 7.

Réseau de la coopération du travail du Québec (work co-op network)

Social economy Québec City: 418-651-0388, ext. 334 Montréal: 514-526-6267

www.reseau.coop

Fédération des coopératives de développement régional du Québec(Québec City co-op federation)

Social economy 418-656-1335www.fcdrq.coop

Coopérative de développement régional de Montréal-Laval (CDR) (Montréal regional development co-op)

Social economy Montréal : 514-340-6056Laval : 450-629-4488

www.cdr.coop

Cercles d’emprunt de Montréal (loan circles)

Social economy 514-849-3271www.cercledemprunt.com

Association communautaire d’emprunt de Montréal Social economy 514-843-7296www.acemcreditcommunautaire.qc.ca

Coopérative de travail Interface Social economy 514-866-8303www.coopinterface.qc.ca

Centre d’entrepreneurship HEC-Poly-Université de Montréal

University – Incubator 514-340-5693http://neumann.hec.ca/entrepreneurship

Dobson Centre McGill University University 514-398-4065www.dobsonmcgill.ca

McGill Business Consulting Group University 514-398-5846www.mbcg.com

Concordia Small Business Consulting Bureau University 514-848-2424, ext 7593www.johnmolson.concordia.ca

64 - IMMIGRAFFAIRES

APPENDIX 4 - List of entrepreneurial assistance organizations

Institute for Community entrepreneurship and development – John Molson school of business at Concordia University (Montréal)

University 514-848-2424, est. 2790www.johnmolson.concordia.ca

Centre d’entrepreneurship et d’innovation de l’UQAM

University – Incubator 514-987-3000, ext. 4395www.entrepreneuriat.uqam.ca

Centre d’entrepreneuriat et d’essaimage de l’UQAC University 418-545-5011, ext. 4655www.uqac.ca/ceeuqac

Centre d’entrepreneuriat et de PME – Université Laval

University 418-656-2490www.fsa.ulaval.ca/cepme

Centre de l’entrepreneurship technologique (ETS) - Centech

University – Incubator 514-396-8552www.etsmtl.ca

Centre d’entreprises et d’innovation de Montréal (CEIM)

University – Off-campus 514-866-0575, ext. 200www.ceim.org

Inno-Centre University – Off-campus 514-987-95501-877-987-9550 (toll free)www.inno-centre.com

Réseau des Carrefour jeunesse-emploi du Québec Entrepreneurial culture – business awareness (16-35-year-olds)

514-393-9155 1-877-393-9155 (toll free)

www.cjereseau.org

Junior Achievement of Canada Entrepreneurial culture – business awareness

514-285-8944www.jequebec.org

Association des clubs entrepreneurs étudiants du Québec (ACEE)

Entrepreneurial culture – business awareness

819-478-2582www.acee.qc.ca

Conseil des industries bioalimentaires de l’île de Montréal (biofood council)

Sectoral 514-256-6330www.cibim.org

SPINC (Société de Soutien aux Projets d’Imagerie Numérique pour le Cinéma) (digital imaging for film)

Sectoral 514-932-8877www.alliancenumerique.com

Info entrepreneurs Referral 514-496-46361-888-576-4444 (toll free)

www.infoentrepreneurs.org

Fondation du maire de Montréal pour la jeunesse Youth (18-35 years) 514-872-8401www.fondationdumaire.ca

IMMIGRAFFAIRES - 65

66 - IMMIGRAFFAIRES

Canadian Youth Business Foundation Youth (18-35 years) 1-800-464-2923www.fcje.ca

Y des femmes de Montréal (Women’s Y) Women 514-866-9941www.ydesfemmesmtl.org

Mon projet d’affaires Women 514-273-8740www.monprojetdaffaires.com

Women Entrepreneurial Centre of Québec Women 514-521-5733www.cefq.ca

Chantier d’Afrique du Canada Ethno-cultural 514-767-6200www.chafric.ca

Regroupement des entrepreneurs et professionnels Africains (African Professional and Business Network)

Ethno-cultural 514-737-3723www.repaf.org

Innovex Exportation-Innovation 514-855-5757www.destl.ca

APPENDIX 4 - List of entrepreneurial assistance organizations

APPENDIX 5Professions governed by a professional order

The 45 professional orders have a total membership of over 326,000 individuals, practising 51 regulated professions. The chart below shows the reserved title of each of these professions and the related professional order.

PROFESSION PROFESSIONAL ORDER WEBSITE

Acupuncturist Ordre des acupuncteurs du Québec www.ordredesacupuncteurs.qc.ca

Advocate Barreau du Québec www.barreau.qc.ca

Agrologist Ordre des agronomes du Québec www.oaq.qc.ca

Architect Ordre des architectes du Québec www.oag.qc.ca

Audiologist Ordre des orthophonistes et audiologistes du Québec www.ooaq.qc.ca

Bailiff Ordre des huissiers de justice du Québec www.huissiersquebec.qc.ca

Certified general accountant Ordre des comptables généraux licenciés du Québec www.cga-online.org

Certified human resources professional or Certified industrial relations counsellor

Ordre des conseillers en ressources humaines et en relations industrielles agréés du Québec

www.orhri.org

Certified interpreter Ordre des traducteurs, terminologues et interprètes agréés du Québec

www.ottiaq.org

Certified management accountant Ordre des comptables en management accrédités du Québec

www.cma-quebec.org

Certified terminologist or Certified translator Ordre des traducteurs, terminologues et interprètes agréés du Québec

www.ottiaq.org

Chartered accountant Ordre des comptables agréés du Québec www.ocaq.qc.ca

Chartered administrator Ordre des administrateurs agréés du Québec www.adma.qc.ca

Chartered appraiser Ordre des évaluateurs agréés du Québec www.oeaq.qc.ca

Chemist Ordre des chimistes du Québec www.ocq.qc.ca

Chiropractor Ordre des chiropraticiens du Québec www.ordredeschiropraticiens.qc.ca

Dental hygienist Ordre des hygiénistes dentaires du Québec www.ohdq.com

Dental technician Ordre des techniciens dentaires du Québec www.ottdq.com

Dentist Ordre des dentistes du Québec www.ordredesdentistesduquebec.qc.ca

Denturologist Ordre des denturologistes du Québec www.odq.com

Dietician Ordre professionnel des diététistes du Québec www.opdq.org

Dispensing optician Ordre des opticiens d’ordonnances du Québec www.oodq.qc.ca

Engineer Ordre des ingénieurs du Québec www.oiq.qc.ca

Forest engineer Ordre des ingénieurs forestiers du Québec www.oifq.com

Geologist Ordre professionnel des géologues du Québec www.ogq.qc.ca

Guidance counsellor Ordre des conseillers et conseillères d’orientation et des psychoéducateurs et psychoéducatrices du Québec

www.occoppq.qc.ca

IMMIGRAFFAIRES - 67

Hearing-aid acoustician Ordre des audioprothésistes du Québec www.ordreaudio.qc.ca

Land surveyor Ordre des arpenteurs-géomètres du Québec www.oagq.qc.ca

Marital and family therapist Ordre des travailleurs sociaux et des thérapeutes conjugaux et familiaux du Québec

www.optsq.org

Medical technologist Ordre professionnel des technologistes médicaux du Québec

www.optmq.org

Midwife Ordre des sages-femmes du Québec www.osfq.org

Notary Chambre des notaires du Québec www.cdnq.org

Nurse Ordre des infirmières et infirmiers du Québec www.oiiq.org

Nursing assistant Ordre des infirmières et infirmiers auxiliaires du Québec

www.oiiaq.org

Occupational therapist Ordre des ergothérapeutes du Québec www.oeq.org

Optometrist Ordre des optométristes du Québec www.ooq.org

Pharmacist Ordre des pharmaciens du Québec www.opq.qc.ca

Physical rehabilitation therapist Ordre professionnel de la physiothérapie du Québec

www.oppq.qc.ca

Physician Collège des médecins du Québec www.cmq.org

Physiotherapist Ordre professionnel de la physiothérapie du Québec

www.oppq.qc.ca

Podiatrist Ordre des podiatres du Québec www.ordredespodiatres.qc.ca

Professional technologist Ordre des technologues professionnels du Québec

www.otpq.qc.ca

Psychoeducator Ordre des conseillers d’orientation et des psychoéducateurs du Québec

www.occoppq.qc.ca

Psychologist Ordre des psychologues du Québec www.ordrepsy.qc.ca

Radiology technologist Ordre des technologues en radiologie du Québec www.otrq.qc.ca

Respiratory therapist Ordre professionnel des inhalothérapeutes du Québec

www.opiq.qc.ca

Speech therapist Ordre des orthophonistes et audiologistes du Québec

www.ooaq.qc.ca

Town planner Ordre des urbanistes du Québec www.ouq.qc.ca

Veterinary surgeon Ordre des médecins vétérinaires du Québec www.omvq.qc.ca

APPENDIX 5 - Professions governed by a professional order

68 - IMMIGRAFFAIRES

APPENDIX 6Chambers of commerce, business associations, groups and networks

K Jeune chambre de commerce de Montréal: 514-845-4951 or www.jccm.org

K Board of trade of Metropolitan Montréal: 514-871-4000 or www.btmm.qc.ca

K Chambre de commerce et d’industrie de l’Est de l’île de Montréal: 514-354-5378 or www.ccieim.qc.ca

K Jeune chambre de commerce haïtienne: 514-383-7191 or www.jcch.ca

K The West Island of Montréal Chamber of Commerce: 514-697-4228 or www.ccoim.ca

K Chambre de commerce et d’industrie de Montréal-Nord: 514-329-4453 or www.ccimn.qc.ca

K Chambre de commerce de St-Léonard: www.ccstleonard.qc.ca

K Chambre de commerce et d’industrie de Saint-Laurent : 514-333-5222 ou www.ccstl.qc.ca

K Chambre de commerce et d’industrie du Sud-Ouest de l’île de Montréal: 514-365-4575 or www.ccisom.ca

K Chambre de commerce française au Canada: 514-281-3203 or www.ccfcmtl.ca

K Italian Chamber of Commerce in Canada: 514-844-4249 or www.italchamber.qc.ca

K Canadian Algerian Chamber of Commerce and Industry: 514-849-4572 or www.ccica.com

K Ireland-Canada Chamber of Commerce: 514-845-0973 or www.avantimontreal.com/iccc

K Canada-Poland Chamber of Commerce: 514-278-7617 or www.chambrecp.ca

K Mexico-Canada Chamber of Commerce: 514-525-9068

K Canadian Lebanese Chamber of Commerce and Industry: 514-495-8000 or www.ccicl.net

K Swiss-Canadian Chamber of Commerce: 514-848-0595 or www.cccsmtl.com

K Hungarian-Canadian Chamber of Commerce: 514-932-5188 or www.hungariancc.ca

K Chamber of Commerce Finno-Canadienne: 514-802-3377 or www.finlandmontreal.com

K Québec Latin-American Chamber of Commerce: 514-875-7886 or www.cclaq.ca

K Regroupement des jeunes chambres de commerce du Québec: 514-933-7595 or www.rjccq.com

K Mentor network for immigrants in Québec: 1-819-791-0665 or www.remiq.org

K African Professional and Business Network (REPAF): 514-737-3723 or www.repaf.org

K Chantier d’Afrique du Canada: 514-767-6200 ou www.chafric.ca

K Greater Montréal Mentors Group (GM 2): 514-873-3262 or www.entrepreneurship.qc.ca

IMMIGRAFFAIRES - 69

APPENDIX 7Business idea: criteria and points for consideration

3 Legality Is your idea legal? Yes No 3 Security Is your idea safe (i.e., physical safety of customers, workers)? Yes No 3 Environmental impact Will your business have a positive or negative effect on the environment?

3 Social impact Will your business have a positive or negative effect for society?

3 Phase of development Is your idea ready for the market? Yes No 3 Investment costs Do you know how much it will cost to launch your business? Yes No 3 Potential market Is there a potential market for the product or service your plan to sell? Yes No 3 Need Is there a need for your product or service among your target client group? Yes No 3 Demand stability Do your products or services meet a steady demand in your target clientele? Yes No (A business opportunity sometimes reflects current, sporadic or seasonal demand. If that is your situation, you should consider diversifying your products or services). 3 Potential sales What is the maximum number of sales you can achieve in your target market?

3 Demand trends Is demand for the service or product you plan to offer going up or down?

3 Business life cycle Have you evaluated the life cycle of your business idea Yes No (launch, growth, maturity and decline)? (see www.netpme.fr )

3 Profitability Profitability is the relationship between expected or earned income and the resources used to earn it. Will your business be profitable in the short, medium or long term?

3 Product visibility Do you know where you will sell your product? Yes No 3 Distribution Will your products be sold at other service points or other retailers? Yes No 3 Appearance How have you designed your product to be attractive, eye-catching and attention-grabbing?

Answer “yes” or “no” to each of the following points. Every time you answer “no,” check whether you are missing crucial information before you start your business. Do research and check with an advisor at your local organization (see Appendix 2). Ref.: Canada Business.

70 - IMMIGRAFFAIRES

3 Price Have you determined the prices of your products or services? Yes No 3 Service What services will you offer on the sale of your product (after-sales service)?

3 Potential for a product line Is your business idea likely to result in a line of products, so you can expand your market activities? Yes No 3 Production feasibility Does your product require a production feasibility study? Will you be able to go into large-scale production to meet future demand? Yes No

3 Durability Will you have a durability policy for your products? Yes No

3 Product learning curve Will you have to offer training on the use of your product? Yes No

3 Product independance Does your product depend on the purchase of another product (equipment, tools)? Yes No

3 Current competition Who are your competitors? What businesses offer the same products or services as you? List your competitors, including their strengths and weaknesses in comparison to yours.

3 New competition Have you thought about existing businesses that may start to offer the same products or services as you? Yes No

3 Promotion How will you get the message out about your products or services? What advertising strategies have you planned for your business?

3 Refund limit What will your refund policy be for purchases made by your business intermediaries?

3 Market research Marketing involves many decisions. The main decisions made by marketing managers are known as the “4Ps of marketing”: product, price, place (or distribution channel) and promotion. What is your pricing strategy? What features of your product or service will satisfy customer needs? What promotional tools have you prepared? Where and how will you publish or display your advertisements?

3 Research and development Will your products or services change with the market? Yes No Do you plan to offer additional or complementary products that will entail significant R&D investments?

Now that you have answered all these questions, we recommend that you make an appointment with an advisor. Your advisor will answer all your questions and help you take the next steps

toward the creation of your business.

APPENDIX 7 - Business idea: criteria and points for consideration

IMMIGRAFFAIRES - 71

APPENDIX 8Legal form comparison chart

Legal forms

Sole proprietorship

General partnership

Share corporation

Limited partnership Cooperative

Advantages

• Easy to form• Easy to close• Simple operations• Unshared profits

• Few government formalities for creation or closure

• Partners pool their money and/or assets and/or services and/or expertise

• Flexibility to make changes

• Profits belong to the partners personally, not to the business

• Limited liability of shareholders, administrators and directors

• Exists independently from the shareholders, administrators and directors

• Easier to transfer ownership than with a general partnership

• Financing may be easier to obtain than for other legal forms

• Operations governed by law, internal regulations and shareholder agreements (to be written)

• Possible to integrate new “partners” (e.g., shareholders or administrators)

• Lower tax rate

• Limited liability of limited partners

• Access to financing possible through public offering

• Limited liability of members

• Division of work is fair and products or services obtained at good prices

• Members choose the orientation of the cooperative

• No takeover possible

Disadvantages

• Unlimited liability of entrepreneur with regard to the business and its debts

• The business does not survive the death of the entrepreneur

• More limited access to capital

• Higher tax rate than a corporation/company

• Unlimited joint and several liability of the partners for the business and its debts

• Trouble finding financing for expansion

• Highly recommended to have a written agreement between the partners because the law does not govern the operations of this kind of business

• Danger of disagreement among partners “paralysing” the business

• May be difficult to leave the partnership (or buy a partner out)

• Higher tax rate than a corporation/ company

• Requires more formalities for its constitution

• Governed by many laws that are crucial to uphold

• Cost of creation is higher than for general partnership or sole proprietorship

• Legal restrictions on who can be appointed an administrator and who can be a shareholder

• More complex structure than other legal forms

• Unlimited liability of general partners

• Partners’ contributions become the property of the business

• Limited partners have no authority over the administration

• Limited partners cannot withdraw their contributions for the lifetime of the business without the agreement of the majority of the other partners

• Limited growth• No increase in value

of proprietary equity• Long, complex

constitution• Reserve cannot be

shared among the members

• Sometimes limited by general regulations

• Long decision-making process

72 - IMMIGRAFFAIRES

APPENDIX 8 - Legal form comparison chart

IMMIGRAFFAIRES - 73

Legal forms

Sole proprietorship

General partnership

Share corporation


Composition• Sole owner • At least two

partners• Sole owner or several

owners• At least two partners

(the general partner and the limited partner)

• Minimum of three for a work co-op and five for other co-ops

Types

• For small businesses or trades

• Local or regional activities

• Limited assets and financial needs

• For liberal professions, services and trades

• Organized economic activity

• To generate returns to distribute among the owners

• For activities that require major external financial contributions and are risky

• For professional sports, film industry, prospecting

• To meet shared needs

• To advocate savings, solidarity, fair consumption and sharing

Constitution

• Very simple• Registered or not

(if the name of the business includes the owner’s first and last names)

• Simple• Mandatory

registration

• Complex• Mandatory

incorporation and registration

• Complex• Mandatory

registration

• May be long and complicated

• Based on the Cooperatives Act

Cost

• Low ($30 to $50)

• Moderate to high, partly because of the shareholders agreement ($100 to $3000)

• High ($500 to $2000) plus fees to write up a possible shareholders agreement ($1500 and +)

• High ($1000 to $10,000)

• Low to moderate ($100 to $1000)

Control

• Absolute control by the owner

• Control shared between the partners as per the agreement

• Decisions made by the administrators (1 vote/adm.), who are elected by the voting shareholders (or by the shareholders if they have signed a unanimous shareholder agreement)

• Limited partners have no management rights over the company

• Control shared by the members (1 vote/member)

APPENDIX 8 - Legal form comparison chart

* Acto-Marketing, Valérie Vinuesa, 2009.

74 - IMMIGRAFFAIRES

Legal forms

Sole proprietorship

General partnership

Share corporation


Legal and tax implications

• No separate legal existence, cannot go to court

• Business income added to personal income (owner’s marginal tax rate)

• No sales tax to collect if annual sales $30,000

• Can appear in court under own name

• Shareholder agreement recommended

• Business income added to personal income (owner’s marginal tax rate, for owner’s share of income)

• No sales tax to collect if annual sales $30,000


• Net profits left in Retained Earnings can be paid as dividends

• Business files its own income tax return

• Numerous recurring obligations with regard to ministries and organizations

• Registration for sales tax required if business has taxable income


• Written contract between two types of partners

• Profits shared based on contract established between partners (not general partners)

• No separate existence from a tax point of view

• Business income added to personal income of each partner (partner’s marginal tax rate, for partner’s share of income)

• Numerous recurring obligations with regard to ministries and organizations


• Numerous government constraints

• Governed by internal regulations of the cooperative

• Distribution of part of the profits as member dividends, based on use or equal shares

• After taxes, the surplus is paid to the reserve and as member dividends

• The member dividends are deductible from the cooperative’s income taxes

• Obligations governed by the Cooperative Act

Ownership asset

• No sharing of assets or profits

• All assets belong to the business and the profits are shared equally or as set out in the shareholders agreement

• All goods and assets belong to the business and a portion of the profits are distributed as dividends

• All goods and assets belong to the business

• Limited to value of subscribed shares The partners all share the profits as set out in the contract

• Surpluses are distributed among the members and as proportional member dividends

Financial liability

• Unlimited (including personal assets)

• Unlimited (including personal assets)

• Each partner is jointly and severally liable

• Limited, only the corporation is liable for its debts (personal guarantees are often required to get a loan)

• Unlimited, joint and several for the general partners

• Limited to investment for limited partners

• Limited to value of subscribed shares

Financing

• Limited to the borrowing capacity and capital outlay of the owner

• Limited to the borrowing capacity and capital outlay of the owners

• Broad possibility of financing by share issue

• Good possibility of capital investment by general partners and contributions of limited partner

• The shares represent the investment and they increase with the number of members

• Possibilities increase as membership increases

Continuity in the event of death

• No guarantee of continuity

• Continuity is not usually compromised because the partners can continue the business, as long as there are still at least 2 partners after the death

• Continuity is guaranteed (unless there is a written agreement to the contrary, the deceased shareholder’s estate acquires the shares)

• Continuity is related to the success of the project

• Continuity is guaranteed as long as there are members

IMMIGRAFFAIRES - 75

APP

END

IX 9

Fina

ncia

l too

ls o

ffer

ed b

y th

e CL

Ds

and

CDEC

s

Nam

e of f

und

Brief

des

crip

tion

Type

of i

nves

tmen

tTa

rget

clien

t gro

ups

Elig

ibilit

y crit

eria

Fees

and

reim

burs

emen

t

Fond

s loc

al d’i

nves

tisse

ment

or

FLI

(Loc

al in

vest

men

t fu

nd)

Finan

cial s

uppo

rt for

ind

ividu

al or

grou

p en

trepr

eneu

rs wi

th job

-cre

ation

or m

ainten

ance

pr

ojects

that

demo

nstra

te sh

ort -

and l

ong -

term

fea

sibilit

y and

viab

ility

Amou

nts ra

nging

from

$5

000 t

o $50

,000 (

in mo

st ar

eas,

but s

ome

CLDs

may

offer

mor

e)

• For

-pro

fit bu

sines

ses

• Self

-emp

loyed

wor

kers

• Not-

for-p

rofit

orga

nizati

ons i

n the

so

cial e

cono

my se

ctor

• Wor

k or s

olida

rity co

oper

ative

s

• Le

gally

cons

tituted

busin

ess

• Bus

iness

that

create

s or m

aintai

ns jo

bs th

at ar

e acc

essib

le

to the

loca

l wor

kforce

• Bus

iness

in on

e of th

e prio

rity se

ctors

• Mini

mum

inves

tmen

t of 2

0% of

total

cost

of the

proje

ct• H

ave a

nothe

r sou

rce of

fund

ing in

addit

ion to

this

fund

• The

fund

cann

ot be

used

for o

pera

tions

, deb

t ser

vicing

, loan

re

imbu

rseme

nt or

finan

cing a

n alre

ady c

omple

ted pr

oject

• The

econ

omic

viabil

ity of

the b

usine

ss is

the b

asic

inves

tmen

t cri

terion

• Non

-elig

ible s

ector

s: im

port/

expo

rt bu

sines

ses,

retai

l bu

sines

ses (

exce

pt un

usua

l bus

iness

es lo

cated

on

a com

merci

al ar

tery)

File a

nalys

is fee

s, file

mo

nitor

ing fe

es, a

nd in

teres

t ra

tes va

ry fro

m ce

ntre t

o cen

tre.

Inquir

e at th

e CLD

in th

e bu

sines

s ter

ritory.

Socié

té loc

ale

d’inv

estis

seme

nt da

ns le

déve

lop-

peme

nt de

l’emp

loi

or S

OLID

E (L

ocal

job

deve

lopm

ent

inve

stm

ent

socie

ty)

SOLID

E cre

ates j

obs b

y fin

ancin

g new

busin

ess

start-

ups a

nd ex

pans

ions

of ex

isting

bus

iness

es

that w

ill ha

ve a

struc

turing

im

pact

in the

boro

ugh

Equit

y loa

n of a

mi

nimum

of $5

000

and a

max

imum

of

$50,0

00

• Inc

orpo

rated

for-p

rofit

busin

esse

s tha

t gen

erate

econ

omic

activ

ity• P

refer

red s

ector

s: se

e the

CLD

or

CDE

C in

the st

art-u

p ter

ritory

• Exc

luded

secto

rs: re

tail b

usine

ss

and s

ervic

es

• Man

dator

y pro

moter

inve

stmen

t of a

t leas

t 20%

• Cre

ation

of pe

rman

ent jo

bs or

main

tenan

ce of

exist

ing jo

bs• D

emon

strati

on of

econ

omic

viabil

ity of

the b

usine

ss• C

omple

menta

rity w

ith ot

her s

ource

s of fi

nanc

ing (p

rivate

or

gove

rnme

nt)

File a

nalys

is fee

s, file

mo

nitor

ing fe

es an

d inte

rest

rates

vary

from

centr

e to c

entre

.Inq

uire a

t the C

LD in

the

busin

ess t

errito

ry.* O

ther c

ondit

ions

Fond

s de

déve

loppe

ment

Emplo

i-Mon

tréal

- FD

EM(E

mpl

oym

ent-

Mont

réal

deve

lopm

ent

fund

)

This

fund p

romo

tes th

e ec

onom

ic de

velop

ment

of Mo

ntréa

l neig

hbou

rhoo

ds

by in

vesti

ng ris

k cap

ital

in via

ble, p

rofita

ble sm

all

busin

esse

s, in

start-

up

or de

velop

ment,

that

demo

nstra

te a s

tructu

ring

impa

ct on

a sp

ecific

loca

tion

and a

n imp

act o

n the

ma

inten

ance

or cr

eatio

n of

local

jobs

Equit

y loa

n of a

mi

nimum

of $5

000

and a

max

imum

of

$100

,000 (

or $1

50,00

0 for

profi

table

busin

esse

s tha

t hav

e exis

ted fo

r mo

re th

an 2

year

s

• Inc

orpo

rated

for-p

rofit

busin

esse

s• P

refer

red s

ector

s: inq

uire a

t the

CLD

or C

DEC

in the

busin

ess

territo

ry• E

xclud

ed se

ctors:

retai

l com

merce

, re

al es

tate,

servi

ces a

nd

resta

uran

ts

• Man

dator

y pro

moter

inve

stmen

t of a

t leas

t 20%

• Cre

ation

of pe

rman

ent jo

bs or

main

tenan

ce of

exist

ing jo

bs• D

emon

strati

on of

econ

omic

viabil

ity of

the b

usine

ss• C

omple

menta

rity w

ith ot

her s

ource

s of fi

nanc

ing

(priv

ate or

gove

rnme

nt)

File a

nalys

is fee

s, file

mo

nitor

ing fe

es an

d inte

rest

rates

vary

from

centr

e to c

entre

.Inq

uire a

t the C

LD in

the

busin

ess t

errito

ry.* O

ther a

pplic

able

cond

itions

76 - IMMIGRAFFAIRES

Prog

ramm

e Je

unes

prom

oteur

s (Y

oung

Pr

omot

ers

Prog

ram

)

This

subs

idy pr

ogra

m he

lps

youn

g entr

epre

neur

s cre

ate

a first

busin

ess b

y offe

ring

them

techn

ical a

nd fin

ancia

l su

ppor

t

Betw

een $

3,000

and

$10,0

00 pe

r pro

moter

an

d max

imum

of tw

o gr

ants

per b

usine

ss

proje

ct

• Be a

Can

adian

citiz

en or

land

ed

immi

gran

t• B

e betw

een 1

8 and

35 ye

ars o

ld

• Star

t a bu

sines

s in a

boro

ugh i

n the

city

of Mo

ntréa

l• H

ave e

xper

ience

or tr

aining

relev

ant to

the b

usine

ss pr

oject

• Com

mit to

wor

king f

ull tim

e on t

he bu

sines

s pro

ject

• Hav

e a bu

sines

s plan

that

demo

nstra

tes th

at the

busin

ess h

as

a goo

d cha

nce o

f bein

g pro

fitable

and v

iable

(bus

iness

plan

wi

th fin

ancia

l pro

jectio

ns in

cludin

g bud

gets

for th

e first

two

year

s of o

pera

tion)

• L

ead t

o the

crea

tion o

f at le

ast tw

o per

mane

nt job

s (inc

luding

the

job o

f the e

ntrep

rene

ur w

ho ap

plies

for t

he gr

ant)

durin

g the

first

two y

ears

of op

erati

on• B

e par

tly fin

ance

d by a

n inv

estm

ent fr

om th

e entr

epre

neur

eq

uivale

nt to

the am

ount

of the

gran

t

No fe

es.

To ap

ply, in

quire

at th

e CLD

or

CDEC

in th

e bus

iness

terri

tory.

Fond

s en

écon

omie

socia

le - F

ÉS(S

ocial

econ

omy

fund

)

This

gran

t sup

ports

grou

p en

trepr

eneu

rship

proje

cts

that c

ontrib

ute to

the w

ealth

of

the co

mmun

ity an

d mee

t its

need

s

Gran

t of u

p to $

50,00

0 (so

me C

LDs o

ffer m

ore)

Prom

oters

must

make

an

inve

stmen

t (ch

eck

the pe

rcenta

ge w

ith th

e CL

D or

CDE

C)

• Soc

ial ec

onom

y bus

iness

es• C

oope

rativ

es• I

ncor

pora

ted no

t-for

-pro

fit or

ganiz

ation

sPr

iority

secto

rs:

Inquir

e at th

e CLD

or C

DEC

in

the bu

sines

s ter

ritory.

• The

busin

ess m

ust b

e loc

ated i

n the

terri

tory o

f the C

LD

or C

DEC

wher

e the

entre

pren

eur a

pplie

s for

the g

rant

• Hav

e a bu

sines

s plan

that

demo

nstra

tes on

going

profi

tabilit

y, go

od fu

ture p

rosp

ects

and e

cono

mic i

mpac

t on t

he te

rritor

y• G

ener

ate en

ough

inco

me to

self-fi

nanc

e the

busin

ess

activ

ities

• Inv

olve c

ontrib

ution

s fro

m se

vera

l par

tners

• Use

the f

und f

or ex

pens

es re

lated

to pr

oject

deve

lopme

nt,

capit

al ne

eds,

oper

ating

fund

and t

echn

ology

(fo

r the

first

year

)• B

e rec

ogniz

ed in

the a

rea a

s a st

ructu

ring p

rojec

t

No fe

es.

Inquir

e at th

e CLD

or C

DEC

in the

busin

ess t

errito

ry for

detai

ls on

the s

electi

on pr

oces

s and

ter

ms of

regis

tratio

n.

Othe

r fun

ds

In dif

feren

t terri

tories

, othe

r fun

ds m

ay be

man

aged

by

these

orga

nizati

ons

We s

ugge

st tha

t you

inqu

ire

at the

CLD

or C

DEC

in yo

ur

busin

ess t

errito

ry.

APP

END

IX 9

- Fi

nanc

ial t

ools

off

ered

by

the

CLD

s an

d CD

ECs

IMMIGRAFFAIRES - 77

APP

END

IX 10

Gra

nts

from

the

Fon

dati

on d

u m

aire

de

Mon

tréa

l pou

r la

jeun

esse

Nam

e of f

und

Brief

des

crip

tion

Type

of i

nves

tmen

tTa

rget

gro

ups

Elig

ibilit

y crit

eria

Fees

and

reim

burs

emen

t

Gran

ts fr

om th

e Fo

ndat

ion

du m

aire

de M

ontré

al po

ur la

jeu

ness

e

Prog

rams

that

offer

gran

ts an

d se

rvice

s to h

elp yo

ung

Montr

ealer

s star

t a bu

sines

s

Gran

ts (n

on-re

imbu

rsable

)Th

e gra

nts of

fered

cove

r up

to 25

% of

the s

tart-u

p cos

ts,

up to

$20,0

00

Youn

g Mon

treale

rs

aged

18 to

35 w

ho w

ant to

star

t a b

usine

ss

• Be 1

8 to 3

5 yea

rs old

(inclu

sive)

• Be a

Can

adian

citiz

en

or pe

rman

ent r

eside

nt

• Hav

e per

sona

l inco

me of

$35,0

00

or le

ss or

be re

ceivi

ng go

vern

ment

assis

tance

bene

fits (e

mploy

ment

insur

ance

, inco

me se

curity

or S

TA)

• Hav

e a pe

rsona

l bala

nce s

heet

with

a net

worth

of $2

5,000

or

less

• Hav

e live

d in g

reate

r Mon

tréal

for

at le

ast th

ree c

onse

cutiv

e mo

nths

• Hav

e star

ted a

busin

ess i

n the

ter

ritory

of gr

eater

Mon

tréal

withi

n the

last

twelv

e mon

ths or

plan

to

do so

with

in on

e yea

r of th

e pr

oject’

s acc

eptan

ce

• Hold

a ma

jority

of th

e sha

res

of the

busin

ess (

over

50%

) or

hold

them

jointl

y with

othe

r en

trepr

eneu

rs wh

o are

also

eli

gible

for th

e gra

nt

Entre

pren

eurs

who

wish

to

rece

ive a

gran

t mus

t:

• Mee

t all t

he el

igibil

ity cr

iteria

• Atte

nd an

infor

matio

n ses

sion

(

www.

fond

atio

ndum

aire.c

a)

• Mee

t with

a FM

MJ co

ordin

ator

at lea

st on

e wee

k befo

re th

e file

subm

ission

date

• Sub

mit a

comp

lete fi

le to

the

Fond

ation

du m

aire d

e Mon

tréal

pour

la je

unes

se by

the d

eadli

ne

• Pre

sent

the pr

oject

to an

ev

aluati

on co

mmitte

e

78 - IMMIGRAFFAIRES

APP

END

IX 11

Cana

dian

You

th B

usin

ess

Foun

dati

on (C

YBF)

Nam

e of f

und

Brief

des

crip

tion

Type

of

inve

stm

ent

Targ

et cl

ients

Elig

ibilit

y crit

eria

Fees

and

reim

burs

emen

t

Cana

dian

Yo

uth

Busin

ess

Foun

datio

n (C

YBF)

Loan

of up

to $1

5,000

to

start

a bus

iness

See m

ore i

nform

ation

at

www.

cybf

.ca

Loan

s• E

ntrep

rene

urs

aged

18 to

34• B

e age

d 18 t

o 34

• Elig

ible t

o wor

k in C

anad

a (la

nded

immi

gran

ts ar

e ac

cepte

d)

• Dem

onstr

ate th

e viab

ility o

f the

busin

ess b

y sub

mittin

g a c

omple

te bu

sines

s plan

• Be i

n bus

iness

, fully

oper

ating

, for

less

than

12 m

onths

• Live

in or

oper

ate th

e bus

iness

in

a com

munit

y tha

t offe

rs CY

BF

prog

rams

• Hav

e the

train

ing/ex

perie

nced

re

quire

d for

the p

rojec

t

• Agr

ee to

wor

k with

a bu

sines

s me

ntor

• Hav

e a bu

sines

s ide

a tha

t will

create

full-t

ime s

ustai

nable

em

ploym

ent

• Hold

a ma

jority

of th

e sha

res

• Not

be a

full-ti

me st

uden

t

• $10

0 file

open

ing fe

e

• $50

admi

nistra

tion f

ee (s

tart-u

p) fo

r CYB

F loa

n • $

10 m

onthl

y adm

inistr

ation

fee

• Loa

n can

be re

paid

over

thre

e to fi

ve ye

ars

Inter

est r

ate:

For t

he fir

st ye

ar: C

IBC

prim

e rate

plus

2%

Seco

nd ye

ar an

d if p

ayme

nts ar

e mad

e on t

ime:

CIBC

prim

e rate

plus

1%

Third

year

and i

f pay

ments

are m

ade o

n tim

e: CI

BC pr

ime r

ate

Term

s of lo

an

Amor

tized

over

thre

e yea

rs for

amou

nts up

to $7

,500

Amor

tized

over

five y

ears

for am

ounts

over

$7,50

0

Only

inter

est is

paid

for th

e first

twelv

e mon

ths af

ter th

e loa

n is g

rante

d

The c

apita

l is re

imbu

rsed i

n set

month

ly pa

ymen

ts plu

s inte

rest

over

the n

ext

two o

r fou

r yea

rs, de

pend

ing on

the a

moun

t due

.

APPENDIX 12A few basic principles for choosing a business location

1. Is the location in a city or neighbourhood or on a street, etc., where your future clients are? Yes No

2. Is the location easily accessible for your future clients? Is the location served by public transit (near a metro station, bus stop, highway exit, close parking, etc.)?

Yes No

3. Is the location situated near any of your competitors? Yes No

If so, you might think about looking for another location so you will not have to share your future clients with your competitor. On the other hand, you might want to be near them so you can take advantage of the business traffic they generate in the area.

4. Is the location on a commercial artery that is recognized by a merchant or tradesmen’s association? Yes No

A strong merchant’s association can, with group backing, succeed in doing something a single store owner cannot dream of alone. This kind of group is particularly effective at promoting stores with shared themes or joint events. Promotions of this type usually have a far greater power of attraction than a retailer can achieve alone.

5. Does the owner of the premises impose restrictions on the placement and size of signs? Does the owner delay or neglect repair and upkeep work? Yes No

Inquire at the businesses around the location you have your eye on.

IMMIGRAFFAIRES - 79

80 - IMMIGRAFFAIRES

APP

END

IX 13

Self

-Em

ploy

men

t Su

ppor

t M

easu

re (E

mpl

oi-Q

uébe

c)

Self-

empl

oym

ent

supp

ort m

easu

re

The S

AJE

is ma

ndate

d by

Emp

loi-Q

uébe

c to o

ffer

the S

TA m

easu

re, w

hich

helps

peop

le att

ain th

e ind

epen

denc

e the

y nee

d to

integ

rate

smoo

thly i

nto

the w

orkfo

rce.

Thro

ugh t

echn

ical a

nd

finan

cial s

uppo

rt, th

is me

asur

e help

s peo

ple

set u

p as s

elf-e

mploy

ed

worke

rs an

d help

s en

trepr

eneu

rs cre

ate

or de

velop

a bu

sines

s. If t

he pr

oject

is ac

cepte

d, the

prom

oter r

eceiv

es

techn

ical s

uppo

rt for

tw

o yea

rs. T

he te

chnic

al su

ppor

t con

sists

of ma

nage

ment

cons

ulting

an

d bus

iness

star

t-up

assis

tance

from

a sp

ecial

ized e

ntrep

rene

urial

de

velop

ment

cons

ultan

t.

All p

romo

ters a

ccep

ted in

the

STA

prog

ram

also t

ake

a 12-

week

train

ing pr

ogra

m wh

ich is

usefu

l for d

rawi

ng

up a

busin

ess p

lan.

Wee

kly fin

ancia

l su

ppor

t for a

ma

ximum

of

52 w

eeks

Inter

est in

beco

ming

an

entre

pren

eur

or se

lf-emp

loyed

wo

rker

No ag

e crite

ria

* See

othe

r crite

ria

for ta

rget

clien

tele

below

Be re

ceivi

ng em

ploym

ent in

sura

nce b

enefi

tsOR Ha

ve re

ceive

d emp

loyme

nt ins

uran

ce be

nefits

in th

e las

t thre

e yea

rs an

d be c

urre

ntly u

nemp

loyed

OR

Be re

ceivi

ng so

cial a

ssist

ance

/inco

me se

curity

bene

fitsOR Ha

ve re

ceive

d mate

rnity

/pare

ntal le

ave b

enefi

ts in

the

last

five y

ears

Othe

r crite

ria:

Be le

gally

autho

rized

to w

ork i

n Can

ada

Show

an in

teres

t in be

comi

ng a

self-e

mploy

ed w

orke

r an

d hav

e the

capa

city t

o do s

o (ex

pertis

e rele

vant

to

the pr

oject)

Ha

ve a

spec

ific en

ough

proje

ct to

be ab

le to

start

a b

usine

ss in

the s

hort

term

Be di

scha

rged

from

any b

ankru

ptcy j

udgm

ent

Partic

ipate

finan

cially

, that

is, in

vest

suffic

iently

(1

5% of

the a

moun

t rec

eived

over

one y

ear u

nder

the

self-e

mploy

ment

meas

ure s

uppo

rt).

Durin

g the

entire

perio

d whe

n fina

ncial

assis

tance

is

rece

ived,

wor

k full

-time o

n the

busin

ess s

tart-u

p AN

D ag

ree t

o be m

onito

red b

y an a

dviso

r dur

ing th

e de

velop

ment

and i

mplem

entat

ion of

the p

rojec

t No

t rec

eive i

ncom

e rep

lacem

ent b

enefi

ts fro

m the

CS

ST or

the S

AAQ

Whe

n wor

king w

ith pa

rtner

s who

are n

ot eli

gible

for

the se

lf-emp

loyme

nt su

ppor

t mea

sure

, dem

onstr

ate

contr

ol ov

er th

e bus

iness

(at le

ast 5

1% ow

nersh

ip)

* The

se ar

e the

basic

eligi

bility

crite

ria. Y

our p

rojec

t mu

st the

n be s

electe

d by a

comm

ittee t

o rec

eive

techn

ical a

nd fin

ancia

l sup

port

No co

st to

open

the fi

le

You m

ust fi

rst at

tend a

n info

rmati

on se

ssion

to le

arn m

ore

abou

t the m

easu

re.

At S

AJE

514-

861-

SAJE

(725

3) fo

r res

idents

of:

Centr

e-Su

d, Pl

ateau

Mon

t-Roy

al, M

ile-E

nd, V

ille-M

arie,

La

chine

, LaS

alle,

Verd

un, W

estm

ount,

Griffi

ntown

, St-H

enri,

Point

e-St

-Cha

rles,

Ville

-Éma

rd, C

ôte-S

t-Pau

l, Peti

te-Bo

urgo

gne,

Point

e-au

x-Tre

mbles

, Rivi

ère-

des-P

rairie

s, Me

rcier,

Hoc

helag

a-Ma

isonn

euve

, St-L

éona

rd, A

njou,

Ahun

tsic-B

orde

aux-C

artie

rville

, Mon

tréal-

Nord

, Ros

emon

t/Pe

tite-P

atrie,

Ville

ray,

Parc

Exten

sion,

St-M

ichel

At S

AJE

Mont

réal

Cent

re51

4-48

5-33

11 fo

r res

idents

of:

Côte-

St-L

uc, C

ôte-d

es-N

eiges

, Notr

e-Da

me-d

e-Gr

âce,

Vi

lle S

t-Lau

rent,

Ville

Mon

t-Roy

al, O

utrem

ont, H

amps

tead

514-

694-

0260

for r

eside

nts of

:Pi

erre

fonds

, Île-

Biza

rd, D

ollar

-des

-Orm

eaux

, Kirk

land,

Do

rval, P

ointe-

Clair

e, Be

acon

sfield

, Baie

-d’U

rfé,

St-A

nne-

de-B

ellev

ue, S

enne

ville,

Rox

boro

APPENDIX 14List of source deductions and contributions

Employment insurance The employer and the employee both contribute to employment insurance. You have to apply the right contribution rates. Website: www.servicecanada.gc.ca

Commission des normes du travail (CNT) (labour standards board)Employers must pay a contribution to Revenu Québec to finance the Commission des normes du travail in the pursuit of its missionWebsite : www.cnt.gouv.qc.ca

Commission de la santé et de la sécurité du travail (CSST) ) (workplace health and safety board)Employers contribute to the CSST to finance its insurance and prevention services. Website : www.csst.qc.ca

Fonds des services de santé (health services fund)Employers contribute to the health services fund to support the Québec public health care regime. Website : www.revenu.gouv.qc.ca

Fonds national de formation de la main-d’œuvre (Québec workforce training fund)When your payroll exceeds $1 million, you have to invest at least 1% in workforce training.Website : www.emploiquebec.net

Québec Pension Plan (QPP)The employer and the employee both contribute to the Québec Pension Plan. Self-employed workers must contribute both the employer and the employee portion.Website : www.rrq.gouv.qc.ca

Canada Pension PlanEmployers and employees outside of Québec contribute to the Canada Pension Plan. Website : www.rhdcc.gc.ca

Québec Parental Insurance Program (QPIP)Employers, employees and self-employed workers all contribute to the QPIP. Website : www.rqap.gouv.qc.ca

Deduction of support paymentsIf an employee is having support payments garnisheed from his or her wages, the employer must deduct the amount and turn it over to Revenu Québec. Website : www.servicesquebec.gouv.qc.ca

Employees working outside of CanadaEmployees working outside of Canada must complete schedule 17 and pay social security contributions. Website : www.servicesquebec.gouv.qc.ca

IMMIGRAFFAIRES - 81

APPENDIX 15Sample job offer

REcEptIONISt(title of position to be filled)

Description of position (briefly describe the position to be filled)

This position consists mainly of answering phone calls and providing information about our services to clients who come to the office in person.

The receptionist will also provide administrative support for some development projects related to offering new services to our clients.

Qualifications (skills and experience required)

3 2 years of experience in a similar position

3 Experience greeting customers

3 Able to respond to different demands simultaneously (walk-in, phone, administration)

3 Secretarial diploma

3 Bilingual

3 Good communication skills, tact and diplomacy

3 Ability to listen

3 Solid knowledge of MS Office in Windows

Responsibilities

3 Answer phone requests and emails from entrepreneurs who are interested in the organization’s services

3 Based on the type of request, direct clients to the appropriate service for their situation

3 Regularly update the contact database

3 Actively participate in the development and improvement of services offered, especially by analysing the needs of entrepreneurs who contact the organization and tracking unfulfilled needs

3 All other related tasks

Benefits (enter the salary and other benefits for the employee)

3 Salary of $15 an hour

Send your CV by January 10, 2010 (enter a deadline for receiving CVs) to (your name) at:

Entreprise 1234 inc. (enter the name of your business)1234 Maisonneuve EastMontréal (Québec) H12 3Y4 (enter your mailing address)[email protected] (enter your email address)

82 - IMMIGRAFFAIRES

APPENDIX 16Sample offer letter

Place and date: _______________________

Name of employee: _______________________________________

Address of employee: _______________________________________

_______________________________________

_______________________________________

Subject: Job confirmation

Dear Mr./Ms. Employee,

It is our pleasure to inform you that your application for the position of _______________________ has been accepted.

As agreed, you will begin your new position at ______________________________________ (name of the business)

on _________________ (date) at ________ (time).

We are very pleased to have you on our team.

These are the terms of our agreement:

Reporting to:Probation period:Salary (hourly rate):Work schedule: Social benefits (if applicable):Vacation (number of weeks):

On behalf of the entire team, I would like to welcome you to _______________________________________

(name of the business).

Sincerely,

__________________________(Signature of immediate supervisor)

Name of supervisorPositionBusiness

__________________________ ___________________________Employee’s signature Date

IMMIGRAFFAIRES - 83

APPENDIX 17Rights and freedoms recognized by the Québec Charter of Human Rights and Freedoms

Fundamental freedoms and rights 3 The right to life, and to personal security, inviolability and freedom, as well as recognition of his juridical personality (article 1)

3 The right to assistance (article 2)

3 Freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association (article 3)

3 The right to the safeguard of his dignity, honour and reputation (article 4)

3 The right to respect for his private life (article 5)

3 The right to the peaceful enjoyment and free disposition of his property, except to the extent provided by law (article 6)

3 The right to the inviolability of his home (articles 7 and 8)

3 The right to non-disclosure of confidential information (article 9)

The right to equality3 The right to full and equal recognition and exercise of the human rights and freedoms granted under the Charter, without discrimination or harassment (articles 10 and 11)

Economic and social rights3 Every child has a right to the protection, security and attention that his parents or the persons acting in their stead are capable of providing (article 39)

3 Every person has a right, to the extent and according to the standards provided for by law, to free public education (article 40)

3 Parents or the persons acting in their stead have a right to give their children a religious and moral education in keeping with their convictions and with proper regard for their children’s rights and interests (article 41)

3 The right to choose private educational establishments for their children, provided such establishments comply with the standards prescribed or approved by virtue of the law (article 42)

3 Persons belonging to ethnic minorities have a right to maintain and develop their own cultural interests with the other members of their group (article 43)

3 The right to information to the extent provided by law (article 44)

3 For every person in need, the right to measures of financial assistance and social measures provided for by law, susceptible of ensuring an acceptable standard of living (article 45)

3 The right, in accordance with the law, to fair and reasonable conditions of employment which have proper regard for his health, safety and physical well-being (article 46)

3 The right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law

3 Equal rights between spouses, in marriage or civil union, and equal responsibility for the moral guidance and material support of the family and the education of their common offspring (article 47)

3 Every aged person and every handicapped person has a right to protection against any form of exploitation, as well as the right to the protection and security that must be provided to him by his family or the persons acting in their stead (article 48)

Judicial rights3 The right to a full and equal, public and fair hearing by an independent and impartial tribunal (article 23)

3 No one may be deprived of his liberty or of his rights except on grounds provided by law and in accordance with prescribed procedure (article 24)

3 The right to be protected from unreasonable search or seizure (article 24.1)

84 - IMMIGRAFFAIRES

In case of arrest or detention3 The right to be treated with humanity and respect (article 25)

3 The right to treatment appropriate to his sex, his age and his physical or mental condition (article 26)

3 The right to be kept apart, until final judgment, from prisoners serving sentence (article 27)

3 The right to be promptly informed, in a language he understands, of the grounds of his arrest or detention (article 28) and of the specific offence with which he is charged (article 28.1)

3 The right to be informed promptly of his rights, to immediately advise his next of kin and to have recourse to the assistance of an advocate (article 29)

3 The right to be brought promptly before the competent tribunal or released (article 30)

3 The right of recourse to habeas corpus (article 31)

Before the courts3 The right to be released on undertaking to appear before the court, with or without deposit or surety (article 31)

3 The right to be tried within a reasonable time (article 32)

3 The right to presumed innocence (article 33)

3 The right not to be compelled to testify against himself at his trial (article 33.1)

3 The right to be assisted or represented by an advocate (article 34)

3 The right to a full and complete defence and the right to examine and cross-examine witnesses (article 35)

3 The right to be assisted free of charge by an interpreter if he does not understand the language used at the hearing or if he is deaf (article 36)

3 The right to the non-retroactivity of the law (article 37)

3 The right not to be tried twice for the same infraction (article 37.1)

3 The right to a lesser sentence if the law has changed since the infraction (article 37.2)

3 The right not to be incriminated by his own testimony, except in a prosecution for perjury or for the giving of contradictory evidence (article 38)

Political rights3 The right of petition to the National Assembly (article 21)

3 Every person legally capable and qualified has the right to be a candidate and to vote at an election (article 22)

IMMIGRAFFAIRES - 85

GLOSSARY

1. Asset-based financing: Loans granted by a financial institution under which the financed asset constitutes the sole guarantee granted to the

creditor. The asset may be a building, technological equipment, etc. The credit risk is assumed by the creditor, but the cost of the loan is higher for the investor.

2. Capital lease/operating lease: A capital lease usually serves to finance the equipment for the major portion of its useful life, and the leaser is

reasonably assured of becoming its owner at the expiry of the lease.

An operating lease usually serves to finance the equipment for a shorter period than its useful life, and the lessee can return it to the lessor with no other obligation at the term of the lease.

3. Conditional sales contract: A contract under which the seller retains the title to the goods sold and delivered to the buyer until the goods are paid

in full. Ownership passes to the buyer once the payments are complete.

4. Credit card: A credit card is a type of loan. It can be used to obtain goods, services and cash up to the limit authorized by the card

issuer. The merchant is paid by the credit card company, which will subsequently be paid back by the cardholder. The cardholder has to pay interest at the end of the grace period if the balance is not completely reimbursed.

5. Export financing: This type of financing allows Canadian businesses to seize business opportunities on foreign markets by selling goods

and services to buyers in other countries.

6. Factoring: Transfer of a business’s accounts receivable to a financing company which takes care of collecting them.

7. Lease: A rental contract of determined duration between a renter (industrial or commercial business) and a lender (bank or

specialized establishment). The contract implies a promise to sell at the end of the contract.

8. Non-residential mortgage: A loan that uses non-residential real estate as a guarantee, under which a mortgage is used to guarantee the payment

of the principal and interest. This type of loan is commonly called a commercial mortgage.

9. Operating loan/line of credit: This loan, usually short term, is granted to a business to increase its working capital. It is used to finance current

production, distribution and accounts payable.

10. Quasi-capital: This is generally considered debt but with characteristics of equity capital, e.g. flexible repayment, higher expected rate

of return and for the most part unsecured. Money granted to a company by the shareholders or some other party in the form of a loan might be classified as quasi-equity provided the repayment of such a loan is formally postponed to the benefit of other creditors.

86 - IMMIGRAFFAIRES

GLOSSARY

11. Sale and leaseback: A form of leasing arrangement whereby the company sells its property or other asset to a leasing company and

immediately leases it back and continues to use it as before. In this way the company raises money immediately without losing the use of the asset. The ownership passes to the lessor, while the lessee pays a rental fee for the duration of the life of the asset.

12. SMB: SMB is an acronym sometimes used to mean small and medium businesses, more commonly known as small

businesses, based on the number of employees, the impact of the activities and the company earnings. The French equivalent is PME (for petite et moyenne entreprise).

13. Term loan: Guaranteed commercial loan granted to a business for an agreed period (usually three to ten years). It is repaid with

interest, normally in regular instalments. This type of loan is usually offered to acquire a building, land, etc.

14. Vehicle lease: Specific financing arrangement also called rent with purchase option. A vehicle is put at your disposal for a determined

period of time and a monthly cost. At the end of the contract, you can purchase the vehicle at the pre-established price. It is also possible to prolong the lease or return the vehicle to the dealer under the conditions set out in the contract.

15. Venture capital/seed capital: Venture capital means shareholder’s equity and loan capital invested in a new business in the start-up phase, or

invested by people other than the owner.

The capital may come from business banks, private investors and specialized venture capital investment companies. Seed capital is used to finance business start-ups.

16. Working capital: This fund represents the business’s cash on hand and capacity to meet its short-term obligations. It fluctuates based on

short-term assets, rate of stock rotation and credit conditions.

IMMIGRAFFAIRES - 87

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