Muskoka Small Business Centre
35A Manitoba Street
Bracebridge, ON

705-646-9021

info@muskokaenterprisecentre.com


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Regulations, Registrations & Contacts

The Muskoka Small Business Centre can assist with registrations

Muskoka

Provincial

Federal

Muskoka

Municipal By-Laws

Questions regarding licences, permits, signage, or rezoning can be directed to the muncipal by-law office or building department.

  • Bracebridge:
(705) 646-5264  
  • Burks Falls:  
(705) 382-3138  
  • Gravenhurst:
(705) 687-3412  
  • District of Muskoka
(705) 645-2231  
  • Huntsville:  
(705) 789-1751  
  • Kearney:
(705) 636-7752  
  • Lake of Bays:
(705) 635-2272  
  • Muskoka Lakes:
(705) 765-3156  
  • Perry Township:
(705) 636-5941  
  • Township of Georgian Bay
(705) 538-2337  

                 

                   

                   

                   

                        

 

 

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Fire Regulations

  These departments can address fire regulations that your business may need to follow.

  • Bracebridge:
(705) 645-5264
  • Gravenhurst:
(705) 687-3414
  • Huntsville:
(705) 789-5201
  • Muskoka Lakes District:
(705) 765-3156
  • Township of Georgian Bay
(705) 538-2765

                                     

                                  

                                  

             

 

 

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Food Preparation/Health and Beauty/Day Care:

Simcoe-Muskoka District Health Unit

A health inspector will provide information on licensing for businesses involved in food preparation, hair and body care, and day care.

  • 1-877-721-7520
 www.simcoemuskokahealth.org

 

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Business Improvement Areas (BIA's) 

A BIA allows local business people and property owners to join together, and with the support of the municipality, organize, finance and carry out physical improvements and promote economic development in their BIA. The municipality collects a special charge on all industrial and commercial properties in a BIA area based on a BIA budget approved by Council.  The funds are then transferred to the BIA organization to carry out its work. BIA's serve and support its members and their customers, by creating a vibrant, accessible, and safe commercial, shopping and entertainment climate, with a wide variety of offerings. In Muskoka, there are 3 BIA's:

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Chambers of Commerce

Your local Chamber of Commerce is a membership-driven business organization, which has a mission to support the economic and social growth of its members through networking, public awareness, and community promotion. Active membership in your Chamber allows you to participate in the development of policies that support economic growth and promote business excellence.

Bracebridge: (705) 645-5231 www.bracebridgechamber.com/
Gravenhurst: (705) 687-4432 www.gravenhurstchamber.com
Huntsville/Lake of Bays: (705) 789-4771 www.huntsvillelakeofbays.on.ca
Honey Harbour /Port Severn: (705) 756-4863 www.segbay.ca
Muskoka Lakes: (705) 762-5663 www.muskokalakeschamber.com
Port Sydney:   www.portsydneycofc.com

                                       

                                          

                              

                                                             

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Provincial

Business Name Search and Business Name Registration

Business Name Search

Before making a final decision on a business name, it is a good idea to check whether the name you have in mind is already in use. The most complete searches are done, for a fee, by private search houses. You can conduct your own business name searches, however it is important to make your search as complete as possible, including businesses registered in Ontario and other provinces, as well as incorporations and trade-marks.

One of the searches would be to search the records of the Companies and Personal Property Security Branch of the Ontario Ministry of Government Services. This searches business names registered with the Province of Ontario. In Muskoka, there are several places where this search can be conducted. The cost is $ 8. Method of payment varies. Please follow this link for the searches: Name Searches in Muskoka

Please note: if a business incorporates using the business operating name, (as opposed to a number) the corporation is not obligated to also register that business name with the Companies and Personal Property Security Branch of the Ontario Ministry of Government Services.

Incorporated business names are protected. You may be sued if you use a name that is the same as the legal name of an incorporated business or its registered trademark. Incorporated businesses are registered with the Canada-wide corporate and business name registry called the Newly Upgraded Automated Name Search (NUANS). A NUANS search report will display corporations, business names and trademarks which are similar to the name you have searched. For more information, please follow this link: (NUANS).

You can check business names registered in other provinces through the business registration authority of the other provinces.

For more information, follow this link: Naming your Business, or the Ministry of Government Services website.

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Business Name Registration

The Business Names Act requires any business operating in Ontario with a name other than the owner’s exact name to be registered with the Province. Corporations must register all names they use to carry on business if these are not the same as the corporate name.

A Master Business Licence will be issued upon registration of your business name. Proof of business name registration is required by financial institutions in order to open a business bank account.

A unique name will help identify your business to customers; however unincorporated business names are not protected.  Registration places your business name on the public record maintained by the Ontario Ministry of Government Services, allowing consumers and business people to find the owners or principals behind a business name. Registering a business name does not give you exclusive use of the name. The Business Names Act does not prohibit registration of identical names, but if you decide to use the same name, or if you use a name that is confusingly similar to that of an existing business, it could result in a lawsuit.

The person registering the name assumes full responsibility for any risk of confusion with an existing corporation, business name, or trademark. You can get protection for your business name through a trademark.

In Muskoka, if your business is a sole proprietorship, a partnership or existing corporation, you have several choices to register your business name with the Province of Ontario. The cost and method of payment varies. Please follow this link for the choices: Business Name Registration in Muskoka.

For more information, follow this link: Registering a Business Name or contact Ontario Business Connects:(416) 314-9151, 1(800) 565-1921, OBC website.

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Provincial/Retail Sales Tax (PST/RST)

You must apply for a vendor’s permit if the products or services you are selling are subject to PST, also known as RST. If you are uncertain whether or not you must charge the PST, call the Ministry of Finance, (866) 668-8297 or visit www.trd.fin.gov.on.ca

When you register your business name provincially, the application for a vendor’s permit is processed at the same time. The Muskoka Small Business Centre can help you with PST registration.

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Employment Regulations

When you are ready to hire employees, then there are several Provincial regulations to consider:

Ontario Human Rights Code

Human rights law is based on the principle that employment decisions should be based on the applicant's ability to do the job rather than on factors that are unrelated to job requirements. Employers are advised to ask on ly those questions on application forms that relate to job requirements and qualifications, and not ask questions that may contravene the Ontario Human Rights Code. Here is a link to a document published by the Ontario Human Rights Commission with guidelines on what questions employers can ask; it also includes a sample application form.

Hiring? A Human Rights Guide

Employment Standards Act

The Employment Standards Branch of the Ontario Ministry of Labour (MOL), is responsible for the administration and enforcement of the Employment Standards Act. This Act provides for the minimu terms and conditions of employment, such as minimum wage, statutory holidays, hours of work. Ministry of Labour: 1-800-531-5551 Website: Employment Standards

Worker’s Safety & Insurance Board (WSIB)

If you are hiring employees or contractors, you are responsible for payments to the WSIB. In accordance with the Act, employers must notify the WSIB within 10 days of hiring someone. WSIB will send you an application form and notify you of the payments.

When you register your business name provincially, this application is automatically sent. For more information, visit http://www.wsib.on.ca.

Further information on WSIB can be found by following this link: Employer's Introduction to Workplace Safety and Insurance

To better understand your obligations under the Workplace Safety and Insurance Act, contact the Office of the Employer Advisor (OEA), 1(800) 387-0774

www.employeradviser.ca The OEA is an independent agency of the Ontario Ministry of Labour and has been helping Ontario employers manage their workplace safety and insurance costs, since 1985. It provides expert advice to any size employer; including mediation, negotiation, and representation throughout the workplace safety and insurance system to employers who primarily employ fewer than 100 employees. The service is completely confidential and free.

Contractors: Be sure to check out OEA's information on Independent Operators. Also, the Canada Revenue Agency has a very good tool to help you in determining if a worker is an employee or a self-employed individual. Please follow this link to Employee or Self-Employed.

Occupational Health & Safety

The Occupational Health and Safety Act sets out the rights and duties of all parties in the workplace. Its main purpose is to protect workers against health and safety hazards on the job. The Act establishes procedures for dealing with workplace hazards, and it provides for enforcement of the law where compliance has not been achieved voluntarily. For more information, visit Health and Safety

 

Employer Health Tax

Employers who have a permanent establishment in Ontario pay employer Health Tax (EHT). For the first $400,000 of the payroll, eligible employers are exempt from paying the Employer Health Tax. For further information, visit EHT

 

For further information, visit Employment Regulations Info-Guide

You must also register federally, to submit payroll deductions.

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Other

Many businesses including retail and service outlets, restaurants and lounges, manufacturing, and processing operations, may be subject to licenses to protect the interests and safety of the public regarding the use, application, or sale of certain items or services. These include, but are not limited to: food, drugs, alcoholic beverages, wood products, optical lenses, motor vehicle operations, railroad and water transportation, pressure vessels and pressure regulators, and upholstered and stuffed articles.

 

There are 19 regulatory acts administered by the Business Practices Division of the Ministry of Consumer and Business Services relevant to businesses that sell products or services to the public. These Acts promote fair business practices and a high level of ethical conduct in the marketplace, and serve to protect the rights and needs of the individual consumer. The Business Practices Act is of particular concern to most businesses. For further information, go to: Regulated Business Practices / Consumer Complaints

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Federal

Federal Business Number (BN):

The BN is a numbering system that simplifies and streamlines the way businesses deal wih the federal government. It is based on the idea of one business, one number. The BN includes the four major Canada Revenue Agency (CRA) business accounts:

1. Goods & Services Tax (GST)

If your businesses’ gross earnings are expected to be over $30,000/year, you must apply for a GST number. Businesses grossing under this amount can voluntarily register for a GST number. Further information on GST can be found at this Canada Revenue Agency website

2. Payroll Deductions

Employers must register with the federal government, and make deductions for Income Tax, Employment Insurance (EI) and Canada Pension Plan (CPP) from your employess and remit the deductions and the employer's portion to the Canada Revenue Agency. For further information, visit Employment Regulations Info-Guide

Contractors: Please note, the Canada Revenue Agency as a very good tool to help you in determining if a worker is an employee or a self-employed individual. Please follow this link to Employee or Self-Employed.

 

3. Import/Export

If your business will be importing commercial shipments from a foreign country, or exporting commercial goods to other countries, your should register for an import/export account. Here are some links to further information:

Importing:    

Importing Info-Guide

Exporting:   

Ontario Exports Inc. is Ontario's export development agency helping the province's new and experienced exporters expand their export sales, compete in world markets, and assist foreign buyers in finding Ontario suppliers for their purchasing requirements

Exporting - Preparing for World Markets Info-Guide
Exporting - Entering World Markets Info-Guide

Exporting to the United States Info-Guide
Team Canada Inc Functioning as a virtual network, it provides the export community with a single point of access to the broad range of government export service providers.

4. Corporate Income Tax

If your business is federally or provincially incorporated, or if you are a non-resident corporation operating in Canada, you must file a corporate income tax return. In most cases, new corporations will automatically receive a BN from the CRA within 45 days of incorporating at the federal or provincial level.

 

Registration for the federal BN can be performed on-line at: www.businessregistration.gc.ca, by phone, 1-800-959-5525, or through the Muskoka Small Business Centre.

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Consumer Products/Labelling

Most products sold to consumers in Canada have some type of labelling requirements associated with the product's use, warnings and claims. These labelling requirements apply to anyone who manufactures, sells, buys and/or imports products for public use or consumption.

Labelling Fact Sheet

Food: The Canadian Food Inspection Agency is responsible for food safety, and administers the federal labelling requirements for pre-packaged foods under the Food and Drugs Act and the Consumer Packaging and Labelling Act. Further information, visit Food Labelling

Non-Food Items: Industry Canada administers the packaging and labelling of non-food items, through the Consumer Packaging and Labelling Act.

Cosmetics, Toys and Children's Clothing are regulated by Health Canada, through the Hazardous Products Act, and the Product Safety Programme.

Textiles: Most consumer textile articles offered for sale in Canada, including clothing, carpets, upholstered articles etc., must bear a label with informaton on fibre content and dealer identity. For further information, see: Labelling Textiles. The Technical Standards and Safety Act regulates items such as stuffed articles such as furniture, bedding products, clothing materials, toys, sports equipment and miscellaneous articles. The filling materials used are inspected for compliance with safety regulations and tested for quality and cleanliness. Further information can be found at www.tssa.org

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Intellectual Property

Sometimes a person of business will want to protect an image or identity, a newly created product, an innovative design or a creative work. You can receive legal recognition and protection for these endeavours, which are known as "intellectual property." Many intellectual property rights are administered through a federal agency called the Canadian Intellectual Property Office (CIPO).

Copyright is the exclusive right of the holder to reproduce a work of allow someone else to do so.The owner of a copyright has the sole right to control any publication, production, reproduction and performance of a work or its translation. Generally, if you are the creator of the work, you won the copyright. However, if you create a work in the course of employment, the copyright belongs to your employer, unless there is an agreement to the contrary. You can choose to register a copyright with CIPO; it can be a useful proof of ownership. For further information, see Copyrights.

Patents are legal documents protecting the rights of inventors. Patents can be sold, licensed or used as an asset to negotiate funding. For further information, see Patents

Trade-marks are words, symbols, designs, or a combinaton of these, used to distinguish the wares or services of one person of organization from those of others in the marketplace. For further information, see Trade-marks

Industrial Designs are the visual features of shape, configuration, pattern or ornament (or any combination of these features), applied to a finished article of manufacture. For further information, see Industrial Designs

Integrated Circuit Topographies are innovative three-dimensional configurations of the materials that form integrated circuits. For further information, see Integrated Circuit Topographies

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