At some point, every Canadian is virtually guaranteed to come across some sort of business law issue. Businesses, large and small, are the backbone of the Canadian economy, and we interact with them every day Whether you’re a business owner already, looking to start a new business, just have questions about business law, or even want to file a lawsuit against a business, Right Legal can help connect you to lawyers with experience in any area of business law that you need.
What is “business law?”
The general area of “business” law includes any law done for a business, including, but not limited to, incorporated companies under any provincial Business Corporations Act or the Canadian Business Corporations Act. An individual operating as a sole proprietorship, two or more people doing business as a partnership, or individuals or corporations engaged in a joint venture are all areas of business law. Any legal issue related to a business can be considered under the heading of “business law”, including purchase or sale of business units or another business, regulatory compliance issues, contracts, and intellectual property.
What laws govern business in Canada?
The Federal Canadian Business Corporations Act governs the structure and organization of corporations at the federal level. Companies incorporated through the CBCA are registered across Canada and can do business in any province. All provinces also have their own Acts for the registration of business corporations, which will usually be called the Business Corporations Act. Each province will also have a Partnerships Act, and often also a Limited Partnerships Act (which may or may not be covered under the Partnerships Act). These Acts establish the rules governing partnerships, including limited partnerships and limited liability partnerships.
Beyond the legislation governing business structures, there are a vast number of statutes that regulate some aspect of business in Canada, including the Sale of Goods Act, the Statute of Frauds, the Personal Property Security Act, and statutes relating to specific areas of law such as the Construction Act, the Personal Information Protection and Electronic Documents Act, the Bank Act, and many others. Statutes regulating business activities exist at both the federal and provincial levels.
What sort of work would business lawyers be involved in?
A business lawyer would regularly handle the following types of work for their clients. Some of the following work could be more complex, especially for larger businesses, and as a result, could require the work of lawyers more specialized in particular areas of business law.
- Negotiation of contracts for the business, such as purchase or sale contracts and contracts of employment
- Regulatory compliance work such as environmental compliance or compliance with provincial and federal privacy regulations, such as the Personal Information Protection and Electronic Documents Act.
- Intellectual property work such as infringement checking or registration.
- Business licensing and zoning issues.
- Drafting of documents and agreements for the business, such as non-disclosure agreements.
- Secured transactions and guarantees.
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