immigraffaires - Montréal International
Transcription
immigraffaires - Montréal International
IMMIGR AFFAIRES Guide for immigrants who want to start a business in Québec 2010 EDITION This guide was produced by SAJE This guide was designed and produced by : SAJE 505 René-Lévesque West, suite 510 Montréal (Québec) H2Z 1Y7 514-861-7253 www.sajeenaffaires.org www.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 Lecorne Coordination: Hélène Veilleux Research: Hélène Veilleux, Mihail Matache, Caroline Delorme, Nawal Hanani Writing: Hélène Veilleux, Mihail Matache, Caroline Delorme, André Menand, Me Frédéric Letendre, Me Maude Fréchette Copywriting: Yasmina El Jamaï Translation: Wendi Peterson, C.Tr. Graphic design: Denise Dupaul Printing: 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 SAJE acknowledgements 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 Fortin Executive Director SAJE IMMIGR AFFAIRES a message from our executive director 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 Fortin Executive Director SAJE IMMIGR AFFAIRES - 3 IMMIGR AFFAIRES financial 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 Lessard Minister for Municipal Affairs, Regions and Land Occupancy 4 - IMMIGR AFFAIRES IMMIGR AFFAIRES table of contents PREFACE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 LEGAL PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 FROM IDEA TO BUSINESS OPPORTUNITY Part 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 BEING AN IMMIGRANT ENTREPRENEUR IN QUÉBEC • Your status • Importance of the official language • Recognition of diplomas, trades, permits and competency certificates • Challenges for entrepreneurs during start-up Part 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 BUSINESS RULES AND CULTURE IN QUÉBEC • Importance of culture in business • Interpersonal relationships in business • Specific characteristics of the business culture in Québec • Importance and practicalities of business networking in Québec Part 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 EVALUATING THE POTENTIAL SUCCESS OF YOUR PROJECT • Are you meant to be an entrepreneur? • Is your idea really a business opportunity? FROM PLANNING TO START-UP Part 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 BUSINESS START-UP PROCESS IN QUÉBEC • Different ways to go into business • Importance of the business plan and models of business plans • Choice of corporate structure • Business registration • Required permits, licenses and insurances • Intellectual property IMMIGR AFFAIRES - 5 IMMIGR AFFAIRES table of contents • • • • • Marketing strategies and customer service Sources of financing Location and where to look for business premises Commercial lease Imports and exports Part 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 PROGRAMS AND COURSES FOR ENTREPRENEURS AND SELF-EMPLOYED WORKERS IN QUEBEC Part 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 THE ACCOUNTING AND TAX SYSTEM IN QUÉBEC • Income taxes • GST (goods and services tax) and QST (Québec sales tax) • Source deductions and contributions • Bookkeeping Part 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 LABOUR STANDARDS IN QUÉBEC • Human resources management • Public holidays • Act respecting Labour Standards • Recourse • Minimum wage • Withholding taxes and contributions • Hire an employee • Human rights • Self-employed workers’ rights to employment insurance benefits and parental leave benefits ACKNOWLEDGEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 BIBLIOGRAPHY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 APPENDICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 GLOSSARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 6 - IMMIGR AFFAIRES IMMIGR AFFAIRES preface 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 Benboubakeur Co-founder and CEO Magazine Réussir Ici IMMIGR AFFAIRES - 7 IMMIGR AFFAIRES legal 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 Letendre Lawyer and Trademark Agent Lafortune Cadieux, s.e.n.c.r.l. and Chair of the Board of Directors of SAJE 8 - IMMIGR AFFAIRES IMMIGR AFFAIRES introduction 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 you are comfortably settled in Québec. Are your basic needs met (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. IMMIGR AFFAIRES - 9 IMMIGR AFFAIRES PART 1 being an immigrant entrepreneur in Québec Originally from Viet Nam President and designer Dinh Ba Design www.dinhbadesign.com PART 1 Nguyen Dinh Ba “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.” IMMIGR AFFAIRES - 11 IMMIGR AFFAIRES PART 1 being an immigrant entrepreneur in Québec PART 1 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 status Citizenship and Immigration Canada 1-888-242-2100 www.cic.gc.ca Immigration-Québec 514-864-9191 www.immigrationquebec.gouv.qc.ca It 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: 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 française 1-888-873-6202 www.olf.gouv.qc.ca 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 K Centre local de développement (CLD) (local development centre) or Corporation de développement économique communautaire (CDEC) (community 12 - IMMIGR AFFAIRES economic development corporation) 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 K Carrefours jeunesse-emploi (CJE) (youth employment centre) for entrepreneurship information: see the list of CJEs in Montréal in Appendix 3 or go to the CJE Network website at www.cjereseau.org K YES Montréal (Youth Employment Services) – services for Anglophones: 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 language French 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 courses There are a number of organizations that assist immigrants in their efforts to learn French. You can enrol in a program that reflects 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) under cetain conditions. PART 1 being an immigrant entrepreneur in Québec to grant certificates or permits to qualified individuals. A list of professions governed by professional orders can be found in Appendix 5. 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 certificates Regulated professions and trades Depending 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 (Comparative Evaluation for Studies Done Outside Québec). 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 Trades in the construction industry 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. You can also improve your French directly online at www.francisationenligne.gouv.qc.ca. The school boards offer French courses too. 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. The Building Act requires everyone who wishes to act as a construction contractor to hold a license issued by the Régie du bâtiment du Québec (RBQ). For more information, 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). The certificate attests that you have the skills needed to work on Québec worksites. Office des professions du Québec www.opq.gouv.qc.ca or 1-800-643-6912 Conseil interprofessionnel du Québec (The association of professional orders of Québec) 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 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) website at www.ccq.org or call 514-341-2686. Challenges for entrepreneurs during start-up Immigration-Québec www.immigration-quebec. gouv.qc.ca 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. IMMIGR AFFAIRES - 13 PART 1 being an immigrant entrepreneur in Québec 3 Financial PART 1 The initial start-up investment is often the biggest obstacle to financing it. There are, however, many financial institutions and organizations that offer loans (under certain conditions) to entrepreneurs who have a good idea and an excellent business plan. 3 Informational The 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-up organizations (see list in Appendix 2) can also help you find your way – for free! 3 Linguistic To 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 Technical You will almost always need a business 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. Your business plan is your passport to achieving your business goals. 3 Cultural What is considered “normal” in one culture may be anything but in another. Your cultural background will affect your reaction 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 Networking As a future entrepreneur, you need to expand your professional networks in 14 - IMMIGR AFFAIRES 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 about it and everything it involves. You should be aware of the personal and professional implications it entails. Are you ready to deal with all these conditions and obstacles? 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 job 3 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 company 3 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 slow 3 Take – and take responsibility for – calculated risks 3 Understand that everything is resting on your shoulders 3 Deal with economic difficulties and manage almost constant stress 3 Take on several roles (prospecting, production, development), etc. Advice: You may need to take a job in another 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. • IMMIGR AFFAIRES PART 2 Yasmina El Jamaï Originally from Morocco President and certified editor Média et Rédaktica Pro www.media-redaktica.com PART 2 business rules and culture in Québec “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 - 15 IMMIGR AFF PART 2 business rules and culture in Québec Importance of culture in business PART 2 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. You need to model your behaviour 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 16 - IMMIGR AFFAIRES 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 practices 1. 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. PART 2 business rules and culture in Québec Recommended business attire 1. Depending on the kind of meetings you are attending, the appropriate attire may range from classic and conservative to relaxed (for example, business suit and tie for a negotiation meeting and more casual attire for a happy hour in a restaurant). 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 contact 1. 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, and greeting people are appreciated and expected. Professional and business discussions 1. 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 a drink (wine, beer, etc.), it is considered polite 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. PART 2 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. Your credibility may be affected if you do not deliver what you promised. The value of your word is at stake! 9. In Québec, the hierarchy is relatively flexible. You may contact a higherup 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. 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. IMMIGR AFFAIRES - 17 PART 2 business rules and culture in Québec PART 2 You can participate in different activities organized 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 advice 1. 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! K Name of your business K Your first and last names and title (e.g., accountant, landscaper, owner, president, etc.) K Contact information (mailing address, phone number, fax number, email address, website address, 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.• Sample business card : Repair Experts inc. Joseph Adams Business owner 505, René-Lévesque blvd. West Montréal (Québec) H2Z 1Y7 Phone : 514 555-1234 [email protected] www.repair-experts.com Here is the information you should put on your business card NOTE: You must have French business cards, 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. 18 - IMMIGR AFFAIRES IMMIGR AFFAIRES PART 3 evaluating the potential success of your project Originally from Senegal President Transafrique Canada Inc. www.transafriquecanada.com PART 3 Magatte Fall “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 - 19 IMMIGR AFFAIRES PART 3 evaluating the potential success of your project Are you meant to be an entrepreneur? PART 3 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. You will find here a summary of several 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. Table 1: Behavioural traits of an entrepreneur 1 Characteristics 3 Self-confidence 3 Tenacity, determination, commitment 3 Energy 3 Talent 3 Ability to take calculated risks 3 Need for self-actualization 3 Creativity 3 Initiative 3 Flexibility 3 Responsibility in the face of challenges 3 Independence 3 Foresight 3 Enthusiasm 3 Versatility, knowledge: product, 3 3 3 3 3 3 3 3 3 market, equipment Technological skills Good people skills Open to suggestion and criticism Profit-oriented Vision Optimism Tolerant of ambiguity and uncertainty Non-conformist Leadership 1. Timmons, 1978; Hornaday, 1982; Chell, 1986; Blawatt, 1995. 20 - IMMIGR AFFAIRES Management skills Some 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 3 3 3 3 3 3 3 3 3 3 3 3 3 things and by the idea of using your energy to the fullest Have ambition, be positive and optimistic: be able to see the good side of things, believe in your own capacities Be resourceful: don’t get caught up with a problem, find solutions no matter what Have a sense of responsibility: be accountable, know how to live with the consequences of your decisions Be tenacious and determined: keep your objectives in mind and persevere even when the going gets tough Be creative and imaginative: be original, set yourself apart Have intuition, good business sense, curiosity: go beyond appearances, rely on your instincts Demonstrate adaptability, flexibility: be able to adjust to changing situations Have good time management skills and excellent self-discipline: know how to make the most of your time and avoid wasting time Be independent: be able to function on your own, using your resources to the fullest Like risk: enjoy challenges Be pragmatic, have good judgment: have common sense, be practical and know how to question yourself Be versatile: know how to do many things…sometimes all at once 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 PART 3 evaluating the potential success of your project 3 Know how to organize work: divide tasks, 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 Author: M. Jean-Benoît Aubé 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 3 Entrepreneurial self-assessment www.bdc.ca (under “Tools”) PART 3 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 If you are interested in doing other entrepreneur profile evaluation questionnaires, take a look at the following sites: 3 Online self-evaluation questionnaire: Am I the entrepreneur type?2 www.potentielentrepreneur.ca 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 several assessment criteria (technical, social, marketing, business risk considerations) to determine 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 process for your idea? To help you do this, we have developed a list of criteria3 and points for reflection that you should answer before launching into your business start-up (Appendix 7). • Feasibility checklist Go to www.bdc.ca and look under “Starting a Business/ Are you ready to be an entrepreneur?” 2. Business Development Bank of Canada, www.bdc.ca 3. Canada Business, www.entreprisescanada.ca IMMIGR AFFAIRES - 21 IMMIGR AFFAIRES PART 4 business start-up process in Québec Originally from France President Esprit de corps www.espritdecorps.biz PART 4 Gilles Barbot “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 - 23 IMMIGR AFFAIRES PART 4 business start-up process in Québec PART 4 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 zero 3 This is the route chosen by most entrepreneurs. 3 You are in charge of all the arrangements for setting up the business. 3 The risks are greater than when you purchase an existing business, but you have full control over everything. www.entreprises.gouv.qc.ca www.entreprisescanada.ca ADVANTAGES • Buy the company’s assets (e.g., furniture, buildings, goodwill, brand name, etc.). You need to choose a new corporate structure to operate the business and transfer all the assets to it. • Buy the shares of the business (if it is a corporation or a company). In this way you buy the entire business, with its continuity and assets. ADVANTAGES You are starting with an established basis. The client base is established and the network of suppliers and distributors already exists. You may benefit from the credibility established by the former owner. DISADVANTAGES Meeting the commitments of the former owner. Changes can be made relatively quickly. Harder to make changes. The cost of the start-up can be changed more easily, if necessary. Harder to develop credibility if the former owner had a bad reputation. DISADVANTAGES 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 3 24 - IMMIGR AFFAIRES business: More freedom to make decisions. Planning the start-up can take a long time. www.succesreleve.com www.acquizition.biz www.quebeccommerce.com 3 There are two main ways to buy an existing with the other methods, depending on the business that you buy. Before you seal the purchase offer, you have to do serious research. 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 ownerassignors 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 concession A franchise is an authorization to intellectual 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 PART 4 business start-up process in Québec 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. 3 You sign a contractual agreement with a 3 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? PART 4 3 franchisor that lets you sell a product or service, based on the provisions of the franchise contract and usually within a specific protected territory. In practice, you own the business and assume the risks and management but are still accountable to the franchisor and have royalties to pay. 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. 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 factors as soon as possible. You don’t want to have 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. www. occasionfranchise.ca www.franchiseguide.org Models of business plans You can find guides for writing business plans, at one of the following websites: 3 Canada Business, Templates and Samples : www.newcanadabusiness.ca 4. Info entrepreneurs : www.entreprisescanada.ca IMMIGR AFFAIRES - 25 PART 4 business start-up process in Québec 3 Small business: www.smallbusinessbc.ca 3 Scotia Bank: www.scotiabank.com 3 RBC Royal Bank www.rbcroyalbank.com PART 4 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 individuelle in French), general partnership (société en nom collectif), share corporation (called compagnie when constituted under Québec provincial law and a société par actions when constituted under federal law), limited partnership (société en commandite), cooperative (cooperative) and not-for-profit organization (organisme sans but lucratif). Several factors may influence the 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 proprietorship 3 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. 5. Services Québec – Entreprises, www.entreprisesgouv.qc.ca 6. Portail d’affaires des jeunes entrepreneurs (PAJE), www.paje.ca 7. Entreprises Canada, www.entreprisescanada.ca 26 - IMMIGR AFFAIRES Share corporation (“compagnie” or “société par actions”) 3 A share corporation is a legal person (“body corporate”) with its own juridical personality. 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) or Incorporated/Inc. (incorporée/inc.). 3 The liability of the administrator(s) or shareholder(s) is limited. 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 (or by voting shareholders if there is a unanimous shareholder agreement). Cooperative 3 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 (often called ristournes in Québec). 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) establish a partnership to exercise an activity, pooling their resources (assets, knowledge or efforts) 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’s pooled assets (e.g., money or assets). 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. PART 4 business start-up process in Québec Not-for-profit organization 3 A not-for-profit organization (often called a “non-profit”) is a non-share corporation whose members share a moral, not-for-profit goal. Not-for-profit organizations do not pay dividends. 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 name No 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 votre entreprise (les dossiers litigieux sont exclus de ce programme), inscrivez-vous en ligne au www.ajbm.qc.ca, section « services au public », téléphonez au 514 954-3450 ou envoyez un courrier électronique à [email protected]. In Québec, most businesses have to register with the Registraire des entreprises (business registry) at www. registreentreprises.gouv.qc.ca and declare their legal form (see Appendix 8). Registration is 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. PART 4 3 Social economy businesses are Business registration Depending on the legal form you have chosen, the registration costs may vary. Go to the Registraire des entreprises website to find out the exact cost. You can also refer to the comparison 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 assign you a Québec business number (NEQ). Provincial incorporation (Québec) Registraire des entreprises Constitution des personnes morales 2050, De Bleury, RC 10 Montréal (Québec) H3A 2J5 Phone: 514-644-4545 Association du jeune barreau de Montréal (Young Bar Association) provides online access to its business start-up guide, which focuses on legal issues. www.ajbm.qc.ca Registering your business name and getting a business number The business number (BN) is a number assigned 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. 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 Federal incorporation (Canada) Industry Canada Corporations Canada 5 Place Ville-Marie, suite 700 Montréal (Québec) H3B 2G2 Phone: 514-496-1797 8. Canada Business, www.canadabusiness.ca IMMIGR AFFAIRES - 27 PART 4 business start-up process in Québec Required permits, licenses and insurance PART 4 Regulations, licenses and permits 9 In the national business market, three levels of government (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, there are HACCP (Hazard Analysis Critical Control Points) standards on food safety, ISO/ IEC 17025 (International Organization for Standardization/International Electrotechnical Commission) for laboratory certification, OHSAS 18001 (Occupational Health and Safety Assessment Series) for workplace health and safety, 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 of the Consumer Protection Act (www.opc. gouv.qc.ca). Depending on your sector, you may 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 9. Service Canada, www.servicecanada.ca 28 - IMMIGR AFFAIRES 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 requirements 3 Register your business, if necessary (business number). 3 Register for the GST and QST, if applicable, 3 3 3 3 3 payroll deductions, income tax, your tax account, etc. Comply with export laws and regulations (Permits and licenses for regulated goods, import-export account of the Business Number, reporting exports, customs tariffs and Harmonized System (HS) code, etc.). Comply with import laws and regulations (Customs laws, Harmonized System (HS) code, permits and import controls, reporting, penalties, etc.). Comply with hiring and personnel management laws and regulations (Social Insurance Number (SIN), Employment Insurance (EI), Record of Employment (ROE), protection of personal information). For more information on this point, go to www.revenu.gouv.qc.ca and www.cra.arc.gc.ca If you have employees, enrol your business with the CSST. 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. PART 4 business start-up process in Québec You can also purchase other, optional insurance coverage. 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 2. Civil liability insurance This protects the insured against the pecuniary consequences of civil liability resulting from bodily harm (including death) 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: 3 Business costs (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 insurance This is complementary to RAMQ drug insurance. 4. Critical illness insurance It 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 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. PART 4 1. Business property insurance This covers losses that affect buildings and building contents (office supplies, equipment) such as: 3 Fire, theft and embezzlement 3 Equipment breakdown 3 Operating losses (optional insurance) are often less than 3% of the entrepreneur’s gross salary after business expenses. 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 property Copyright 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 copyright, 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 of ways. You may also choose not to publish your work and to prevent anyone else from doing so.”10 Insurance Bureau of Canada www.bac-quebec.qc.ca or www.infoassurance.ca Canadian Life and Health Insurance Association www.clhia.ca “A trademark is a word, a symbol, a design (or a combination of these features), used to distinguish the wares or services of one person 10. Canadian Intellectual Property Office, www.cipo.ic.gc.ca IMMIGR AFFAIRES - 29 PART 4 business start-up process in Québec PART 4 or 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 Canadian Intellectual Property Office (CIPO) www.cipo.ic.gc.ca 1-866-997-1936 CIPO IP Toolkit www.opic.ic.gc.ca Fondation du Barreau du Québec “Your Rights, your Business ” www. fondationdubarreau.qc.ca “An industrial design is the features of shape, configuration, pattern or ornament (or any combination of these features) applied to a finished 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 processes 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 element of your industrial design. You may, 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. 11. Canadian Intellectual Property Office, www.cipo.ic.gc.ca 12 - 13. Id. 30 - IMMIGR AFFAIRES 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, you have to sign a licence agreement (i.e., something similar to a “rental lease” on the rights) or a transfer agreement (i.e., which is the same as “selling” the rights). Here again, 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, partners and competitors), where they operate and what they 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 PART 4 business start-up process in Québec Tips and advice Getting the word out You have to spend at least an hour a 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: 3 Scope of the company (local, regional, national, international) 3 Target clientele 3 Type of offer 3 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 associations, 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 advice PART 4 1. Just thinking about doing a market study is overwhelming for some entrepreneurs. Others find it a waste of time. But they’re wrong. You can never have too much information. 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 your theoretical study (history, statistics, etc.) using field research. 4. Present your project to job creation networks to get advice. 1. 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 (product packaging, signs, vehicles, letterhead, brochures, ads, etc.). Your clients and 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 Québec In 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 IMMIGR AFFAIRES - 31 PART 4 business start-up process in Québec and that (weather, weekend activities, etc.). Pay attention and smile. Be pleasant but maintain a professional distance. PART 4 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 very important in Québec businesses. You have to 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 32 - IMMIGR AFFAIRES 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 (credit cards, loans) will be checked to 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 maintain a good “credit rating.” Your credit rating measures your solvency and your repayment reputation. Your credit rating is assigned 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. You have to remember, though, that your credit 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) de l’Est de Montréal: 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 financing Before 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. There are several sources of financing (loans or grants) that can help you start your business. PART 4 business start-up process in Québec Every loan and grant has its own particular features and is geared toward a particular clienteleorbusinesstype.Youwon’thave access to every type of business financial assistance. • 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 tools The Centre locaux de développement (localdevelopmentcentres–CLDs)and Corporations de développement économique communautaire(communityeconomic developmentcorporations–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) 3. Fonds de développement Emploi-Montréal 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) PART 4 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. 2. Société locale d’investissement dans le développement de l’emploi or SOLIDE (Localemploymentdevelopment societies) * An explanatory chart for each tool can be found in Appendix 9. YoucanalsocallyourlocalCLDorCDEC for more information on the services they provide.Youcanfindthecontactinformation for 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 : 514-872-8401 Website : www .fondationdumaire .ca • Canadian Youth Business Foundation (CYBF) TheCanadianYouthBusinessFoundation 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. 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 For more information: Phone: 1-800-464-2923 Website: www .cybf .ca IMMIGR AFFAIRES - 33 PART 4 business start-up process in Québec • Business Development Bank of Canada (BDC) PART 4 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: 1-877-232-2269 Website: 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 selfemployment projects, small individual or group businesses and social economy businesses. The main eligibility criteria are: 3 Have a business idea or project 3 Attend an information meeting 3 Agree to be coached by the local community credit member organization 3 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 de Montréal (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 développement de l’Est (CDEST) 34 - IMMIGR AFFAIRES * Only for residents of Mercier/ Hochelaga-Maisonneuve borough Phone: 514-256-6825 Website: www.cdest.qc.ca • Filaction Filaction 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: 514-525-2042 Website: 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. PART 4 business start-up process in Québec 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. Financial institutions For more information: Phone: 1-866-283-2957 Website: www.edc.ca As 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 Small Business Financing Program (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-SODEC Be 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: 1-800-363-0401 Website: www.sodec.gouv.qc.ca • Export Development Canada – EDC The EDC has developed products to help businesses of all sizes and in all sectors rise • Info entrepreneurs Info 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. PART 4 Financial products: Loans, repayment guarantees, financing for tax credits. For more information: Phone: 514-873-9292 (eastern Montréal) Phone: 514-873-4375 (western Montréal) Phone: 514-873-1401 (borough of St-Laurent) Website: www.investquebec.com 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: 514-496-4636 Website: 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. You will find here a list of the types of 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 Small Business Financing in Canada www.rbcroyalbank.com This guide was developed by the Royal Bank to help entrepreneurs discover the means of financing and the lenders that best suit their business needs. * Definitions in the Glossary. 14. Canada Business, www.canadabusiness.ca IMMIGR AFFAIRES - 35 PART 4 business start-up process in Québec Location and where to look for business premises PART 4 ? How to choose a location and find business premises?15 Choosing the right business location is critical. Your choice will have a major impact on 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. You can also look at premises available in an industrial 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 your mailbox. You may find the ideal location advertised 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 lease Definition: 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.) defines leasing as follows: “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 with the land registry (www.registrefoncier. gouv.qc.ca) by filing the appropriate documents with 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. (…) In the case of the lease of an 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 the rent? 3 How much will the rent go up and can I renew at the end of the lease? 15. Canada Business, www.canadabusiness.ca 16. Based on Clinique juridique de l’UQAM, www.cliniquejuridique.uquam.ca 36 - IMMIGR AFFAIRES PART 4 business start-up process in Québec costs are my responsibility? 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 (rental board) has no jurisdiction to act in matters involving commercial leases. 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 (increase sales, greater profitability, economies of scale, 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 Imports and exports This part of the guide is for entrepreneurs 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. PART 4 3 Is there an additional rent to pay? 3 Can I sublet? 3 Can I renew the lease? 3 What happens if the owner goes bankrupt? 3 Who is responsible for the insurance? 3 What services will I get? 3 Who else can move in? 3 Who pays for improvements and what 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 17. Info Entrepreneurs, www.entreprisescanada.ca IMMIGR AFFAIRES - 37 PART 4 business start-up process in Québec - Québec foreign offices: www.mdeie.gouv.qc.ca (export section) - Canadian Border Services Agency: www.cbsa-asfc.gc.ca - Canada Revenue Agency: www.cra-arc.gc.ca - Export Development Canada: www.edc.ca 2. Legal steps Importing 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. PART 4 Export Source also provides access to lots of technical information about exporting (such as how to draw up an export plan, 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. 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 (export section) Before you become an active exporter or importer, you have to obtain an exporter or importer number, which allows the government 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 You also have to figure out the code that matches 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 infoguides 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 38 - IMMIGR AFFAIRES Importing 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 this kind of project. You can find it at www.entreprisescanada.ca in the Importing section. • IMMIGR AFFAIRES PART 5 Mourad Ghariani Originally from Tunisia President Les Aliments Magrebia inc. www.magrebia.com PART 5 programs and courses for entrepreneurs and self-employed workers in Québec “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 - 39 IMMIGR AFFAIRES PART 5 programs and courses for entrepreneurs and self-employed workers in Québec PART 5 There 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 selfemployed 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. You can find out more about the Self-Employment Support measure in Appendix 13. 40 - IMMIGR AFFAIRES For more information: SAJE Phone: 514-861-7253 Website: www.sajeenaffaires.org Service d’aide aux jeunes entrepreneurs Montréal Centre Phone: 514-485-3311 Website: 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: 514-873-4255 Website: www.ofqj.org Courses for entrepreneurs and self-employed workers Business management 3 Lancement d’une entreprise–French courses (Marguerite-Bourgeoys School Board) 3 Succès-Relève (courses for acquirers of existing businesses) For further information: SAJE www.sajeenaffaires.org 3 Starting a business (Women only) For further information: Centre d’entrepreneuriat féminin du Québec www.cefq.ca 3 Pilot project for immigrant women entrepreneurs PART 5 programs and courses for entrepreneurs and self-employed workers in Québec and Allophone women For further information: Compagnie-F www.compagnie-f.org Several Centres locaux de développement (CLDs) and Corporations de développement économique communautaire (CDECs) in boroughs around Montréal offer training programs for people who want to become entrepreneurs or self-employed workers. Contact the CLD or CDEC in your borough (see Appendix 2) for information about 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 3 How to prove your business competency in two minutes 3 Meeting face-to-face with a potential client For 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 management Accounting 3 Fiscalité immatriculée (Taxation For further information: Services aux entreprises d’Emploi-Québec www.emploiquebec.net 3 Fiscalité incorporée (Taxation 3 Human resources management guide for registered businesses) for incorporated businesses) 3 GST/QST 3 Prévisio software 3 Comptabilium software For information or to register: SAJE www.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 / Sales 3 Marketing, sales and communications For further information: Compagnie-F www.compagnie-f.org PARTIE PART 54 3 Aurora training program, for Anglophone For further information: Commission des normes du travail www.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 Créer votre site Web (Website creation) 3 Techniques de vente (Sales techniques) For further information: SAJE www.sajeenaffaires.org IMMIGR AFFAIRES - 41 IMMIGR AFFAIRES PART 6 the accounting and tax system in Québec PART 6 Susana Jimenez Originally 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!” IMMIGR AFFAIRES - 43 IMMIGR AFFAIRES PART 6 the accounting and tax system in Québec PART 6 Do you want to go into business and learn how to meet your tax obligations? Whether you are interested 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: Ideas to consider when choosing a fiscal year-end date www.agentsolo.com 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 selfemployed 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 person The 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 taxes Rights and obligations of the self-employed worker The income of a self-employed worker or a partner in a general partnership (i.e., société en commandite) is taxed in that person’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 Canadiancontrolled 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 44 - IMMIGR AFFAIRES PART 6 the accounting and tax system in Québec 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 (income declaration) for your business. Both levels 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 more than $1000 in income taxes (if the tax year began before January 1) or $3000 in taxes (if the tax year began January 1 or later) the year 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, at 100% (merchandise purchased for resale, office supplies, salaries, etc.). 3 Assets are amortized and constitute a long-term benefit for the company. These assets (software, computer, car, office furniture, etc.) are useful and usable for 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. PARTIE PART 64 reduce the amount of income tax you have to pay when you file your annual income tax return. 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 / Income tax return. You can also get help by 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.) that must be kept for at least 6 years, including the current year. Here are some tax-deductible purchases: 3 Current expenses and asset acquisitions Payment of instalments and late payment penalties Revenu Québec / Self-employed person / Fiscal obligations www.revenu.gouv.qc.ca (the current expenses are 100% deductible immediately 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. IMMIGR AFFAIRES - 45 PART 6 the accounting and tax system in Québec PART 6 It 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. Need more details about these taxes? www.revenu.gouv.qc.ca 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% (as of June 1, 2009) on the sale price. 3 The QST is calculated at a rate of 7.5% (as of June 1, 2009) on the price including GST. 46 - IMMIGR AFFAIRES Example for a $100 purchase Cost 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 (before taxes) in the four previous quarters that you have to register. Analyse your projected financial statements before you make a decision. GST and QST registration When 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. You can fine more information at 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, remit certain contributions. You will need to register 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. PART 6 the accounting and tax system in Québec 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. Bookkeeping If 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: 3 Your business income and expenses to establish any amounts payable 3 Amounts collected for the GST and QST 3 Taxes you have paid, if you apply for an input tax credit (ITC) or input tax rebate (ITR) 3 All information used to calculate withholding taxes and employer contributions 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 made for each of them. • PARTIE PART 64 As an employer, you always have to withhold taxes and contributions on the remuneration you pay to your employees. You also 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. www.revenu.gouv.qc.ca / self-employed person / registers and supporting documents IMMIGR AFFAIRES - 47 IMMIGR AFFAIRES PART 7 labour standards in Québec Originally from France Chef–co-owner La cuisine de Lili Margot www.lilimargot.com PART 7 Alexandre Pernetta “When you owe money to the government, including source deductions, never pay them late – not even one day late. The penalties are really high!” IMMIGR AFFAIRES - 49 IMMIGR AFFAIRES PART 7 labour standards in Québec Human resources management PART 7 The Commission des normes du travail (labour standards board) has designed a human resources guide for employers. This document will provide you with information about all aspects of personnel management, from hiring to firing. The guide can be found at www.cnt.gouv.qc.ca The guide includes four sections: 3 General administrative tools for the employer (salary records, pay slips, etc.) 3 What you need to know to hire an employee (salary, schedule, holidays, absences, etc.) 3 Work obligations (holidays, vacation, parental leave, illness, psychological harassment, etc.) 3 Job termination procedures (resignation, end of contract, 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: 3 January 1 (New Year’s Day) 3 Good Friday or Easter Monday (employer’s choice) 3 The Monday before May 25 (Patriot’s Day, also known as Victoria Day) 3 June 24 (Québec national holiday, also known as St. John the Baptist Day) 3 July 1 (Canada Day) 3 First Monday in September (Labour Day) 3 Second Monday in October (Thanksgiving) 3 December 25 (Christmas Day) Salaried workers in the clothing industry also have the right to the following holidays: 3 January 2 3 Good Friday and Easter Monday 50 - IMMIGR AFFAIRES 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 (section 93). The Commission des normes du travail (Québec Labour Standards Board or CNT) is the government organization mandated to 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 law 3 Salary 3 Length of work day 3 Holidays 3 Leave for family or parental reasons 3 Child labour 3 Labour in certain sectors of the clothing industry 3 Termination of employer-employee relationship PART 7 labour standards in Québec 3 Complaints to the Commission des normes 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 selfemployed workers. You can find out more at www.cnt.gouv.qc.ca in the “Not Covered” section under “Worker not covered by the Act respecting Labour Standards.” Recourse 3 Give the employee enough time to adjust 3 Inform the employee clearly of the risk of being fired if things do not improve PARTIE PART 74 du travail 3 Psychological harassment at work You can only fire a salaried worker if all these measures 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. For entrepreneurs with employees Withholding taxes and contributions These are the steps you have to follow before you fire an employee: As the owner or future owner of a business, you have to make source deductions (withhold certain taxes and contributions from your employees’ salaries) and pay contributions and compensation tax(es) to the Québec (provincial) and Canadian (federal) governments. Before terminating an employee for bad behaviour or inadequate performance, you have to go through a progressive system of corrective sanctions. 1. Warn the employee verbally 2. Warn the employee in writing (letter given in person or by registered mail to the employee’s home) 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 shortcomings 3 Provide adequate support for the employee to correct the situation and achieve the objectives For more information: Commission des normes du travail www.cnt.gouv.qc.ca 514-873-7061 * You will find a list of all withholding taxes and 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) 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 to www.cnt.gouv.qc.ca 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. IMMIGR AFFAIRES - 51 PART 7 labour standards in Québec Hire an employee Recruiting employees PART 7 As 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: 1-866-640-3058 Website: 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. Salary 3 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 in business (if any). Gross and net salary 3 The gross salary is calculated as follows: hourly rate times the number of hours worked in the week (example: $15.00 / hour × 35 hours = $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), employment insurance and parental insurance contributions, and union dues, if the employee is unionized. There may also be other deductions (such as contributions to a social club, a pension plan, RRSP, etc.). 3 The Commission des normes du travail website (www.cnt.gouv.qc.ca) offers an array of interesting information on how to 52 - IMMIGR AFFAIRES calculate net salary. A section called Calculation tools allows you to test certain calculations based on your own salary, for free. Hours of work 3 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 (for example, 35 hours a week). Holidays and leaves of absence 3 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 period 3 In Québec, most employees are hired permanently if they successfully complete the probation period (trial period). 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 letter 3 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 (or the employer). * See a sample offer letter in Appendix 16 PART 7 labour standards in Québec The 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? PARTIE PART 74 Human rights 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. • IMMIGR AFFAIRES - 53 IMMIGR AFFAIRES acknowledgements 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 SAJE Nawal Hanani, management consultant Sylvain Martin, project manager Jérôme Matas, training consultant Caroline Trudel, training consultant Julia Vallelunga, training consultant Nizar Zaghdani, training consultant Businesses Carrefour jeunesse-emploi Côte-des-Neiges Vanessa Kanga, entrepreneurship officer Dinh Ba Design Nguyen Dinh Ba, entrepreneur Chambre de commerce du Montréal métropolitain Marie-Pierre Veilleux, chargée de projet Esprit de corps Gilles Barbot, entrepreneur Chantier d’Afrique du Canada – CHAFRIC Saliou Coundoul, project manager La Cuisine de Lili Margot Alexandre Pernetta, entrepreneur Conférence régionale des élus de Montréal Danny Roy, project manager, Entrepreneurship Ricardo Acevedo, development officer, Immigration Les Aliments Magrebia inc. Mourad Ghariani, entrepreneur 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 Média et Rédacktica Pro Yasmina El Jamaï, entrepreneur Pâtisserie S&S Susana Jimenez, entrepreneur Magazine Réussir Ici Medhi Benboubakeur, entrepreneur Transafrique Canada inc. Magatte Fall, entrepreneur Advisory committee Développement économique LaSalle Aziz Guellouz, development officer Lafortune Cadieux Avocats, s.e.n.c.r.l. Me Maude Fréchette Me Frédéric Letendre Info entrepreneurs Jacinthe Daoust, content editor – Regionalization coordinator Ministère de l’Immigration et des Communautés culturelles Interconnexion Nord-Sud Cyriaque Sumu, entrepreneur SAJE Manon Bisaillon, accountant Aurélie Alaume, communications officer 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 54 - IMMIGR AFFAIRES Project supervision SAJE Vincent Lecorne, assistant executive director Project coordination SAJE Hélène Veilleux, management and orientation consultant IMMIGR AFFAIRES conclusion The entrepreneur is the cornerstone of the business’s success. You may have a good business idea, but are you certain the project is right for you? Before you start your business, you need to know yourself personally and professionally. What do you like and dislike? What are your strengths and weaknesses? Why do you want to become an entrepreneur? As you learned in the ImmigrAffaires 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’s up to you! 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 go for it! Surround yourself with people who have the skills you lack. Your team will be all the stronger for it! Good luck! IMMIGR AFFAIRES - 55 IMMIGR AFFAIRES bibliography 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 Hautes études commerciales (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. 56 - IMMIGR AFFAIRES IMMIGR AFFAIRES bibliography 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, Guichets régionaux d’accès aux places en service de garde (regional daycare access service), 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 Youth Employment Services, Services for entrepreneurs, www.yesmontreal.ca, March 2009. IMMIGR AFFAIRES - 57 58 - IMMIGR AFFAIRES APPENDICES IMMIGR AFFAIRES IMMIGR AFFAIRES - 59 APPENDIX 1 Basic needs HOUSING NEEDS List of housing committees in Montréal HOUSING COMMITTEE BY 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 60 - IMMIGR AFFAIRES FOOD NEEDS PUBLIC SERVICES 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. Daycares Montréal collective kitchens To 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 Montréal Food 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. In Québec, children may be eligible for subsidized daycare. The number of available places is limited, however. The Québec government grants subsidies to recognized daycare establishments, 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 IMMIGR AFFAIRES - 61 APPENDIX 2 Contact information for local development centres (CLDs) and Community economic development corporations (CDECs) in Montréal CDEC Ahuntsic-Cartierville CLD Les 3 Monts 433, Chabanel Ouest, suite 304 (niveau M-2) Montréal (Québec) H2N 2J4 Phone: 514-858-1018 Website: www.cdec.qc.ca 10 Roosevelt ave. Mont-Royal (Québec) H3R 1Z4 Phone: 514-737-1253 Website: www.cldles3monts.com CDEC Centre-Nord CLD Montréal-Nord 7000 du Parc ave., suite 201 Montréal (Québec) H3N 1X1 Phone: 514-948-6117 Website: www.cdec-centrenord.org 11 211 Hébert ave. Montréal-Nord (Québec) H1H 3X5 Phone: 514-353-7171 Website: www.cldmn.qc.ca CDEC Centre-Sud/ Plateau Mont-Royal CLD Verdun 3565 Berri, suite 200 Montréal (Québec) H2L 4G3 Phone: 514-845-2332 Website: www.cdec-cspmr.org CDEC Notre-Dame-de-Grâce/ Côte-des-Neiges 4950 Queen Mary, suite 101 Montréal (Québec) H3W 1X3 Phone: 514-342-4842 Website: www.cdeccdnndg.org CDEC Rosemont/Petite-Patrie 6224 St-Hubert Montréal (Québec) H2S 2M2 Phone: 514-723-0030 Website: www.cdec-rpp.ca CLD Anjou 7104 Joseph-Renaud blvd. Anjou (Québec) H1K 3V5 Phone: 514-493-5113 Website: www.cldanjou.com CLD Centre-Ouest 710 Saint-Germain Saint-Laurent (Québec) H4L 3R5 Phone: 514-855-5757 Website: www.destl.ca CLD de l’Ouest-de-l’Île 207 Place Frontenac Pointe-Claire (Québec) H9R 4Z7 Phone: 514-426-2888 Website: www.cldwi.com CLD de Lachine 1024 Notre-Dame Lachine (Québec) H8C 2C2 Phone: 514-469-9808 62 - IMMIGR AFFAIRES 4400 LaSalle blvd. Verdun (Québec) H4G 2A8 Phone: 514-362-1555 Website: www.cldverdun.org Corporation de développement de l’Est (CDEST) 2030 Pie-IX blvd., suite 201 Montréal (Québec) H1V 2C8 Phone: 514-256-6825 Website: www.cdest.qc.ca Développement économique LaSalle (DEL) 55 Dupras ave. LaSalle (Québec) H8R 4A8 Phone: 514-367-6380 Website: www.cdelasalle.com Corporation de relance économique et communautaire St-Léonard (CREC) 5960 Jean-Talon East, suite 310 Montréal (Québec) H1S 1M2 Phone: 514-256-6767 Website: www.crec-stleonard.qc.ca Regroupement économique et social du Sud-Ouest (RÉSO) 1751 Richardson, suite 6509 Montréal (Québec) H3K 1G6 Phone: 514-931-5737 Website: www.resomtl.com Société de développement économique Ville-Marie (SDÉVM) 615 René-Lévesque blvd. West, suite 720 Montréal (Québec) H3B 1P5 Phone: 514-879-0555 Website: www.sdevm.ca Société de développement économique Rivière-des-Prairies/ Pointe-aux-Trembles/Montréal-Est (SODEC) 7305 Henri-Bourassa East, suite 200 Montréal (Québec) H1E 2Z6 Phone: 514-494-2606 Website: www.sodec.qc.ca APPENDIX 3 List of Carrefours jeunesse-emploi (youth job centres or CJEs) in Montréal CJE Ahuntsic-Bordeaux-Cartierville CJE Montréal Centre-Ville 10794 Lajeunesse Montréal (Québec) H3L 2E8 Phone: 514-383-1136 Website: www.cje-abc.qc.ca 1184 Ste-Catherine West, suite 300 Montréal (Québec) H3B 1K1 Phone: 514-875-9770 Website: www.cjemontreal.org CJE Anjou/St-Justin CJE Notre-Dame-de-Grâce 7100 Joseph-Renaud blvd. Montréal (Québec) H1K 3V5 Phone: 514-353-5400 Website: www.cjeanjou.com 6370 Sherbrooke West Montréal (Québec) H4B 1M9 Phone: 514-482-6665 Website: www.cje-ndg.com CJE Bourassa-Sauvé (Montréal-Nord) CJE Ouest-de-l’Île 4981 Charleroi, suite 202 Montréal (Québec) H1G 2Z2 Phone: 514-327-5555 Website: www.cjebourassasauve.com 225-F Hymus Pointe-Claire (Québec) H9R 1G4 Phone: 514-782-0433 Website: www.cjeouestile.qc.ca CJE Centre-Nord (Villeray, St-Michel, Parc Extension) CJE Pointe-aux-Trembles/Montréal-Est 7000 du Parc Ave., suite 407 Montréal (Québec) H3N 1X1 Phone: 514-729-9777 Website: www.cje-centrenord.com 1400 St-Jean-Baptiste blvd., suite 27 Montréal (Québec) H1B 4A5 Phone: 514-640-4700 Website: www.saee.net/cje CJE Centre-Sud/Plateau Mont-Royal / Mile-End CJE Rivière-des-Prairies 1035 Rachel East, 3rd floor Montréal (Québec) H2J 2J5 Phone: 514-528-6838 Website: www.cjemploi.org 8595 Maurice-Duplessis blvd., suite 209 Montréal (Québec) H1E 4H7 Phone: 514-648-8008 Website: www.cje-rdp.org CJE Côte-des-Neiges CJE Rosemont/Petite-Patrie 6555 Côte-des-Neiges, suite 240 Montréal (Québec) H3S 2A6 Phone: 514-342-5678 Website: www.cjecdn.qc.ca 1453 Beaubien East, suite 302 Montréal (Québec) H2G 3C6 Phone: 514-279-8725 Website: www.gcsd.qc.ca CJE Hochelaga-Maisonneuve CJE Saint-Laurent 3440 Ontario East, 3rd floor Montréal (Québec) H1W 1P9 Phone: 514-523-2400 Website: www.cdest.qc.ca 1482 de l’Église, suite 200 Saint-Laurent (Québec) H4L 2H6 Phone: 514-855-1616 Website: www.cjestlaurent.org CJE LaSalle CJE Sud-Ouest de Montréal 1191 90 avenue, suite 200 LaSalle (Québec) H8R 3A6 Phone: 514-368-1832 Website: www.destinationtravail.org 3173 D St-Jacques West Montréal (Québec) H4C 1G7 Phone: 514-934-2242 Website: www.cjeso-mtl.org CJE Marquette CJE Verdun 633 George V Lachine (Québec) H8S 2R9 Phone: 514-634-0450 Website: www.cjemarquette.qc.ca 4005 Wellington Verdun (Québec) H4G 1V6 Phone: 514-767-9971 Website: www.sipcje.org CJE Mercier CJE Viger/Jeanne-Mance 7962 Hochelaga, 2nd floor Montréal (Québec) H1L 2K8 Phone: 514-354-5552 Website: www.pitrem.org 5960 Jean-Talon East, suite 308 Montréal (Québec) H1S 1M2 Phone: 514-256-5051 Website: www.cjest-leonard.com e IMMIGR AFFAIRES - 63 APPENDIX 4 List of entrepreneurial assistance organizations This chart does not include for-profit businesses ORGANIZATION CATEGORY CONTACT Fondation de l’entrepreneurship Mentorship – Business networking Québec City: 418-646-1994 Montréal: 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 514-274-3961 General 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 418-656-1335 www.fcdrq.coop Coopérative de développement régional de Montréal-Laval (CDR) (Montréal regional development co-op) Social economy Montréal : 514-340-6056 Laval : 450-629-4488 www.cdr.coop Cercles d’emprunt de Montréal (loan circles) Social economy 514-849-3271 www.cercledemprunt.com Association communautaire d’emprunt de Montréal Social economy 514-843-7296 www.acemcreditcommunautaire.qc.ca Coopérative de travail Interface Social economy 514-866-8303 www.coopinterface.qc.ca Centre d’entrepreneurship HEC-Poly-Université de Montréal University – Incubator Dobson Centre McGill University University 514-398-4065 www.dobsonmcgill.ca McGill Business Consulting Group University 514-398-5846 www.mbcg.com Concordia Small Business Consulting Bureau University 514-848-2424, ext 7593 www.johnmolson.concordia.ca 64 - IMMIGR AFFAIRES 514-340-5693 http://neumann.hec.ca/entrepreneurship 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. 2790 www.johnmolson.concordia.ca Centre d’entrepreneurship et d’innovation de l’UQAM University – Incubator 514-987-3000, ext. 4395 www.entrepreneuriat.uqam.ca Centre d’entrepreneuriat et d’essaimage de l’UQAC University 418-545-5011, ext. 4655 www.uqac.ca/ceeuqac Centre d’entrepreneuriat et de PME – Université Laval University 418-656-2490 www.fsa.ulaval.ca/cepme Centre de l’entrepreneurship technologique (ETS) Centech University – Incubator Centre d’entreprises et d’innovation de Montréal (CEIM) University – Off-campus 514-866-0575, ext. 200 www.ceim.org Inno-Centre University – Off-campus 514-987-9550 1-877-987-9550 (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 514-285-8944 www.jequebec.org Association des clubs entrepreneurs étudiants du Québec (ACEE) Entrepreneurial culture – business awareness 819-478-2582 www.acee.qc.ca Conseil des industries bioalimentaires de l’île de Montréal (biofood council) Sectoral 514-256-6330 www.cibim.org SPINC (Société de Soutien aux Projets d’Imagerie Numérique pour le Cinéma) (digital imaging for film) Sectoral 514-932-8877 www.alliancenumerique.com Info entrepreneurs Referral 514-496-4636 1-888-576-4444 (toll free) www.infoentrepreneurs.org Fondation du maire de Montréal pour la jeunesse Youth (18-35 years) 514-872-8401 www.fondationdumaire.ca 514-396-8552 www.etsmtl.ca IMMIGR AFFAIRES - 65 APPENDIX 4 - List of entrepreneurial assistance organizations Canadian Youth Business Foundation Youth (18-35 years) Y des femmes de Montréal (Women’s Y) Women 514-866-9941 www.ydesfemmesmtl.org Mon projet d’affaires Women 514-273-8740 www.monprojetdaffaires.com Women Entrepreneurial Centre of Québec Women 514-521-5733 www.cefq.ca Chantier d’Afrique du Canada Ethno-cultural 514-767-6200 www.chafric.ca Regroupement des entrepreneurs et professionnels Africains (African Professional and Business Network) Ethno-cultural 514-737-3723 www.repaf.org Innovex Exportation-Innovation 514-855-5757 www.destl.ca 66 - IMMIGR AFFAIRES 1-800-464-2923 www.fcje.ca APPENDIX 5 Professions 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 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 www.cma-quebec.org du Québec 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 www.huissiersquebec.qc.ca IMMIGR AFFAIRES - 67 APPENDIX 5 - Professions governed by a professional order 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 68 - IMMIGR AFFAIRES APPENDIX 6 Chambers 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 IMMIGR AFFAIRES - 69 APPENDIX 7 Business idea: criteria and points for consideration 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. 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 (launch, growth, maturity and decline)? (see www.netpme.fr ) No 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? 70 - IMMIGR AFFAIRES APPENDIX 7 - Business idea: criteria and points for consideration 3 Price Have you determined the prices of your products or services? 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? � 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? 3 Durability Will you have a durability policy for your products? 3 Product learning curve Will you have to offer training on the use of your product? 3 Product independance Does your product depend on the purchase of another product (equipment, tools)? Yes � No � Yes No Yes No Yes No Yes No � Yes No 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? 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 Do you plan to offer additional or complementary products that will entail significant R&D investments? No 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. IMMIGR AFFAIRES - 71 APPENDIX 8 Legal form comparison chart Legal forms Sole proprietorship • Easy to form •Easy to close •Simple operations •Unshared profits General partnership • Few government formalities for creation or closure Limited partnership Cooperative • Limited liability of shareholders, administrators and directors • Limited liability of limited partners • Limited liability of members •Access to financing possible through public offering •Division of work is fair and products or services obtained at good prices •Partners pool their money and/or assets •Exists independently and/or services and/ from the shareholders, or expertise administrators and directors •Flexibility to make changes •Profits belong to the partners personally, not to the business Advantages Share corporation •Members choose the orientation of the cooperative •Easier to transfer ownership than with a general partnership •No takeover possible •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 • Unlimited liability of entrepreneur with regard to the business and its debts • Unlimited joint and several liability of the partners for the business and its debts •The business does not survive the death of the entrepreneur •Trouble finding financing for expansion •More limited access to capital Disadvantages • Higher tax rate than a corporation/ company •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 72 - IMMIGR AFFAIRES • Requires more formalities for its constitution • More complex structure than other legal forms • Limited growth •Governed by many laws that are crucial to uphold •Unlimited liability of general partners •Long, complex constitution •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 •No increase in value of proprietary equity •Partners’ •Reserve cannot be contributions become shared among the the property of the members business •Sometimes •Limited partners have limited by general no authority over the regulations administration •Long decision•Limited partners making process cannot withdraw their contributions for the lifetime of the business without the agreement of the majority of the other partners APPENDIX 8 - Legal form comparison chart Legal forms Sole proprietorship Constitution Cost Control Share corporation • Sole owner • At least two partners • For small businesses or trades • For liberal • To generate returns to professions, services distribute among the and trades owners •Local or regional activities •Organized economic activity Composition Types General partnership • Sole owner or several owners Limited partnership • 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 • For activities that require major external financial contributions and are risky • To meet shared needs •For professional sports, film industry, prospecting •Limited assets and financial needs Cooperative •To advocate savings, solidarity, fair consumption and sharing • Very simple • Simple • Complex • Complex •Registered or not (if the name of the business includes the owner’s first and last names) •Mandatory registration • Mandatory incorporation and registration • Mandatory registration • May be long and complicated • 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) • 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 • Control shared by no management the members rights over the (1 vote/member) company • Based on the Cooperatives Act • Low to moderate ($100 to $1000) IMMIGR AFFAIRES - 73 APPENDIX 8 - Legal form comparison chart Legal forms Sole proprietorship • 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 Legal and tax implications General partnership Share corporation Limited partnership • Can appear in court under own name • Can appear in court under own name • Can appear in court under own name • Can appear in court under own name • Shareholder agreement recommended • Net profits left in Retained Earnings can be paid as dividends • Written contract between two types of partners • Numerous government constraints • Business income added to personal income (owner’s marginal tax rate, for owner’s share of income) • Business files its own income tax return • Profits shared based on contract established between partners (not general partners) • Governed by internal regulations of the cooperative • No sales tax to collect if annual sales $30,000 • Registration for sales tax required if business has taxable income • Numerous recurring obligations with regard to ministries and organizations • 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 • No sharing of assets or profits Ownership asset Financial liability Financing • Each partner is jointly and severally liable • 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 • Limited to the borrowing capacity and capital outlay of the owners • 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 value of subscribed shares • Limited to investment for limited partners • Broad possibility of • Good possibility of financing by share issue 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 • No guarantee of continuity Continuity in the event of death * Acto-Marketing, Valérie Vinuesa, 2009. 74 - IMMIGR AFFAIRES • Distribution of part of the profits as member dividends, based on use or equal shares • All assets belong to • All goods and assets • All goods and • Surpluses are the business and the belong to the business assets belong to the distributed among profits are shared and a portion of the business the members and as equally or as set out profits are distributed as •Limited to value of proportional member in the shareholders dividends dividends subscribed shares agreement The partners all share the profits as set out in the contract • Unlimited (including • Unlimited (including personal assets) personal assets) • Limited to the borrowing capacity and capital outlay of the owner Cooperative • Continuity is not • Continuity is guaranteed • Continuity is related usually compromised (unless there is a to the success of because the written agreement to the the project partners can contrary, the deceased continue the shareholder’s estate business, as long as acquires the shares) there are still at least 2 partners after the death • Continuity is guaranteed as long as there are members IMMIGR AFFAIRES - 75 Fonds de développement Emploi-Montréal FDEM (EmploymentMontréal development fund) Société locale d’investissement dans le développement de l’emploi or SOLIDE (Local job development investment society) Fonds local d’investissement or FLI (Local investment fund) Name of fund • Self-employed workers Equity loan of a • Incorporated for-profit businesses minimum of $5000 • Preferred sectors: inquire at the and a maximum of CLD or CDEC in the business $100,000 (or $150,000 territory for profitable businesses • Excluded sectors: retail commerce, that have existed for real estate, services and more than 2 years restaurants • Excluded sectors: retail business and services • Preferred sectors: see the CLD or CDEC in the start-up territory This fund promotes the economic development of Montréal neighbourhoods by investing risk capital in viable, profitable small businesses, in start-up or development, that demonstrate a structuring impact on a specific location and an impact on the maintenance or creation of local jobs • Incorporated for-profit businesses that generate economic activity • Work or solidarity cooperatives • Not-for-profit organizations in the social economy sector • Business that creates or maintains jobs that are accessible to the local workforce • Complementarity with other sources of financing (private or government) • Demonstration of economic viability of the business • Creation of permanent jobs or maintenance of existing jobs • Mandatory promoter investment of at least 20% • Complementarity with other sources of financing (private or government) • Demonstration of economic viability of the business • Creation of permanent jobs or maintenance of existing jobs • Mandatory promoter investment of at least 20% • Non-eligible sectors: import/export businesses, retail businesses (except unusual businesses located on a commercial artery) • The economic viability of the business is the basic investment criterion • The fund cannot be used for operations, debt servicing, loan reimbursement or financing an already completed project • Have another source of funding in addition to this fund • Minimum investment of 20% of total cost of the project • Business in one of the priority sectors • Legally constituted business Eligibility criteria • For-profit businesses Target client groups Equity loan of a minimum of $5000 and a maximum of $50,000 Amounts ranging from $5000 to $50,000 (in most areas, but some CLDs may offer more) Type of investment SOLIDE creates jobs by financing new business start-ups and expansions of existing businesses that will have a structuring impact in the borough Financial support for individual or group entrepreneurs with jobcreation or maintenance projects that demonstrate short - and long - term feasibility and viability Brief description APPENDIX 9 Financial tools offered by the CLDs and CDECs * Other applicable conditions Inquire at the CLD in the business territory. File analysis fees, file monitoring fees and interest rates vary from centre to centre. * Other conditions Inquire at the CLD in the business territory. File analysis fees, file monitoring fees and interest rates vary from centre to centre. Inquire at the CLD in the business territory. File analysis fees, file monitoring fees, and interest rates vary from centre to centre. Fees and reimbursement 76 - IMMIGR AFFAIRES Other funds Fonds en économie sociale - FÉS (Social economy fund) Programme Jeunes promoteurs (Young Promoters Program) We suggest that you inquire at the CLD or CDEC in your business territory. In different territories, other funds may be managed by these organizations This grant supports group entrepreneurship projects that contribute to the wealth of the community and meet its needs This subsidy program helps young entrepreneurs create a first business by offering them technical and financial support Promoters must make an investment (check the percentage with the CLD or CDEC) Grant of up to $50,000 (some CLDs offer more) Between $3,000 and $10,000 per promoter and maximum of two grants per business project Inquire at the CLD or CDEC in the business territory. Priority sectors: • Incorporated not-for-profit organizations • Cooperatives • Social economy businesses • Be between 18 and 35 years old • Be a Canadian citizen or landed immigrant • Be recognized in the area as a structuring project • Use the fund for expenses related to project development, capital needs, operating fund and technology (for the first year) • Involve contributions from several partners • Generate enough income to self-finance the business activities • Have a business plan that demonstrates ongoing profitability, good future prospects and economic impact on the territory • The business must be located in the territory of the CLD or CDEC where the entrepreneur applies for the grant • Be partly financed by an investment from the entrepreneur equivalent to the amount of the grant • Lead to the creation of at least two permanent jobs (including the job of the entrepreneur who applies for the grant) during the first two years of operation • Have a business plan that demonstrates that the business has a good chance of being profitable and viable (business plan with financial projections including budgets for the first two years of operation) Inquire at the CLD or CDEC in the business territory for details on the selection process and terms of registration. No fees. To apply, inquire at the CLD or CDEC in the business territory. • Have experience or training relevant to the business project • Commit to working full time on the business project No fees. • Start a business in a borough in the city of Montréal APPENDIX 9 - Financial tools offered by the CLDs and CDECs IMMIGR AFFAIRES - 77 Grants from the Fondation du maire de Montréal pour la jeunesse Name of fund Programs that offer grants and services to help young Montrealers start a business Brief description The grants offered cover up to 25% of the start-up costs, up to $20,000 Grants (non-reimbursable) Type of investment Young Montrealers aged 18 to 35 who want to start a business Target groups • Meet all the eligibility criteria Entrepreneurs who wish to receive a grant must: Fees and reimbursement • Hold a majority of the shares of the business (over 50%) or hold them jointly with other entrepreneurs who are also eligible for the grant • Have personal income of $35,000 • Attend an information session or less or be receiving government (www.fondationdumaire.ca) assistance benefits (employment insurance, income security or STA) • Meet with a FMMJ coordinator at least one week before the file • Have a personal balance sheet submission date with a net worth of $25,000 or less • Submit a complete file to the Fondation du maire de Montréal • Have lived in greater Montréal pour la jeunesse by the deadline for at least three consecutive months • Present the project to an evaluation committee • Have started a business in the territory of greater Montréal within the last twelve months or plan to do so within one year of the project’s acceptance • Be a Canadian citizen or permanent resident • Be 18 to 35 years old (inclusive) Eligibility criteria Grants from the Fondation du maire de Montréal pour la jeunesse APPENDIX 10 78 - IMMIGR AFFAIRES Canadian Youth Business Foundation (CYBF) Name of fund See more information at www.cybf.ca Loan of up to $15,000 to start a business Brief description Loans Type of investment • Entrepreneurs aged 18 to 34 Target clients • Not be a full-time student • Hold a majority of the shares • Have a business idea that will create full-time sustainable employment • Agree to work with a business mentor • Have the training/experienced required for the project • Live in or operate the business in a community that offers CYBF programs • Be in business, fully operating, for less than 12 months • Demonstrate the viability of the business by submitting a complete business plan • $50 administration fee (start-up) for CYBF loan • Eligible to work in Canada (landed immigrants are accepted) The capital is reimbursed in set monthly payments plus interest over the next two or four years, depending on the amount due. Only interest is paid for the first twelve months after the loan is granted Amortized over five years for amounts over $7,500 Terms of loan Amortized over three years for amounts up to $7,500 Third year and if payments are made on time: CIBC prime rate Second year and if payments are made on time: CIBC prime rate plus 1% Interest rate: For the first year: CIBC prime rate plus 2% • Loan can be repaid over three to five years • $10 monthly administration fee • $100 file opening fee Fees and reimbursement • Be aged 18 to 34 Eligibility criteria APPENDIX 11 Canadian Youth Business Foundation (CYBF) APPENDIX 12 A 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. IMMIGR AFFAIRES - 79 80 - IMMIGR AFFAIRES Self-employment support measure All promoters accepted in the STA program also take a 12-week training program which is useful for drawing up a business plan. If the project is accepted, the promoter receives technical support for two years. The technical support consists of management consulting and business startup assistance from a specialized entrepreneurial development consultant. Through technical and financial support, this measure helps people set up as self-employed workers and helps entrepreneurs create or develop a business. The SAJE is mandated by Emploi-Québec to offer the STA measure, which helps people attain the independence they need to integrate smoothly into the workforce. Weekly financial support for a maximum of 52 weeks * See other criteria for target clientele below No age criteria Interest in becoming an entrepreneur or self-employed worker * These are the basic eligibility criteria. Your project must then be selected by a committee to receive technical and financial support When working with partners who are not eligible for the self-employment support measure, demonstrate control over the business (at least 51% ownership) Not receive income replacement benefits from the CSST or the SAAQ During the entire period when financial assistance is received, work full-time on the business start-up AND agree to be monitored by an advisor during the development and implementation of the project Participate financially, that is, invest sufficiently (15% of the amount received over one year under the self-employment measure support). Be discharged from any bankruptcy judgment Have a specific enough project to be able to start a business in the short term Show an interest in becoming a self-employed worker and have the capacity to do so (expertise relevant to the project) Other criteria: Be legally authorized to work in Canada Have received maternity/parental leave benefits in the last five years OR Be receiving social assistance/income security benefits OR Have received employment insurance benefits in the last three years and be currently unemployed OR Be receiving employment insurance benefits APPENDIX 13 Self-Employment Support Measure (Emploi-Québec) 514-694-0260 for residents of: Pierrefonds, Île-Bizard, Dollar-des-Ormeaux, Kirkland, Dorval, Pointe-Claire, Beaconsfield, Baie-d’Urfé, St-Anne-de-Bellevue, Senneville, Roxboro At SAJE Montréal Centre 514-485-3311 for residents of: Côte-St-Luc, Côte-des-Neiges, Notre-Dame-de-Grâce, Ville St-Laurent, Ville Mont-Royal, Outremont, Hampstead At SAJE 514-861-SAJE (7253) for residents of: Centre-Sud, Plateau Mont-Royal, Mile-End, Ville-Marie, Lachine, LaSalle, Verdun, Westmount, Griffintown, St-Henri, Pointe-St-Charles, Ville-Émard, Côte-St-Paul, PetiteBourgogne, Pointe-aux-Trembles, Rivière-des-Prairies, Mercier, Hochelaga-Maisonneuve, St-Léonard, Anjou, Ahuntsic-Bordeaux-Cartierville, Montréal-Nord, Rosemont/ Petite-Patrie, Villeray, Parc Extension, St-Michel You must first attend an information session to learn more about the measure. No cost to open the file APPENDIX 14 List 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 mission Website : 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 Plan Employers 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 payments If 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 Canada Employees working outside of Canada must complete schedule 17 and pay social security contributions. Website : www.servicesquebec.gouv.qc.ca IMMIGR AFFAIRES - 81 APPENDIX 15 Sample 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 3 3 3 3 3 3 3 2 years of experience in a similar position Experience greeting customers Able to respond to different demands simultaneously (walk-in, phone, administration) Secretarial diploma Bilingual Good communication skills, tact and diplomacy Ability to listen Solid knowledge of MS Office in Windows Responsibilities 3 3 3 3 Answer phone requests and emails from entrepreneurs who are interested in the organization’s services Based on the type of request, direct clients to the appropriate service for their situation Regularly update the contact database 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 East Montréal (Québec) H12 3Y4 (enter your mailing address) Or [email protected] (enter your email address) 82 - IMMIGR AFFAIRES APPENDIX 16 Sample 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 supervisor Position Business __________________________ Employee’s signature ___________________________ Date IMMIGR AFFAIRES - 83 APPENDIX 17 Rights 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 3 3 3 3 The right to the safeguard of his dignity, honour and reputation (article 4) The right to respect for his private life (article 5) The right to the peaceful enjoyment and free disposition of his property, except to the extent provided by law (article 6) The right to the inviolability of his home (articles 7 and 8) The right to non-disclosure of confidential information (article 9) The right to equality 3 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 rights 3 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 rights 3 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 - IMMIGR AFFAIRES In case of arrest or detention 3 3 3 3 The right to be treated with humanity and respect (article 25) The right to treatment appropriate to his sex, his age and his physical or mental condition (article 26) The right to be kept apart, until final judgment, from prisoners serving sentence (article 27) 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 courts 3 3 3 3 3 3 3 The right to be released on undertaking to appear before the court, with or without deposit or surety (article 31) The right to be tried within a reasonable time (article 32) The right to presumed innocence (article 33) The right not to be compelled to testify against himself at his trial (article 33.1) The right to be assisted or represented by an advocate (article 34) The right to a full and complete defence and the right to examine and cross-examine witnesses (article 35) 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 3 3 3 The right to the non-retroactivity of the law (article 37) The right not to be tried twice for the same infraction (article 37.1) The right to a lesser sentence if the law has changed since the infraction (article 37.2) 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 rights 3 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) IMMIGR AFFAIRES - 85 GLOSSARY 1. Asset-based financing: 2. Capital lease/operating 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. 4. 5. 6. 7. 8. 9. 10. 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. 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. 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. 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. 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. Factoring: Transfer of a business’s accounts receivable to a financing company which takes care of collecting them. 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. 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. 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. 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 - IMMIGR AFFAIRES GLOSSARY 11. 12. 13. 14. 15. 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. 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). 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. 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. 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. IMMIGR AFFAIRES - 87 IMMIGR AFFAIRES 88 - IMMIGR AFFAIRES notes g n i d a e R S E R I A F F A IMMIGR makes s s e n i s u b good sense! aires f f a r g i m m i . www .org