Corporate & Commercial, Small Business, Corporate Services
Momentum Team
Incorporation: Federal or Ontario? Updated ...

Some significant changes to Ontario corporate law and the launch of the new Ontario Business Registry has led the Momentum team to update our advice. Deciding between incorporation at the Federal level or the Provincial level is a key decision in the incorporation process. Updated considerations …

Incorporation: Federal or Ontario? Updated Advice
Megan Cornell
Legal Basics of Personal Real Estate ...

As of October 1, 2020, real estate agents in Ontario are able to form personal real estate corporations (PRECs). This allows agents the flexibility which many other professions have, to operate as corporations instead of sole proprietors. Although PRECs are now available, they are not required.

This can allow significant tax planning advantages for real estate salespeople or brokers. The sole purpose of the PREC is to receive compensation from a brokerage which is earned by a registered broker or salesperson. The PREC does not directly provide the services of a salesperson or broker.

Legal Basics of Personal Real Estate Corporations (PRECs)
Megan Cornell
Holiday Employment Rules

For many entrepreneurs the holidays are one of the most lucrative, but also stressful times of the year! More work for the business means that employees need to work more, at the same time that many employees as well as the business owner, are hoping to spend time with family!

During this time of year it is important to be mindful of Ontario employment rules and ensure that your business is not exposed to being offside of the Ontario Employment Standards Act. Here are some of the key points to keep in mind

Holiday Employment Rules
Megan Cornell
Canadian Trademark Changes - June 17, 2019: How ...

Trademark registrations are powerful tools for protecting brands, and now is the time to prioritize registering your trademarks in Canada. Canadian trademark law is undergoing a major shift on June 17, 2019, and among the changes are an increase in the fees for trademark registrations, but also new registration requirements that will make it easier to register marks in Canada. The period between now and June 17 is the sweet-spot where you can file a trademark application and get the best of both systems – lower fees and fewer registration requirements.

Canadian Trademark Changes - June 17, 2019: How to Protect Your Brand and Save Money
Cannabis, Corporate & Commercial, Employment (HR), Business Purchase, Small Business
Guest User
AGCO Retail Cannabis Regulations

With all the talk about retail cannabis in Ontario, a lot of small business owners are being left with more questions than when they started. For the folks who just want to know what it is going to take to get a store open, here is the article for you.

AGCO Retail Cannabis Regulations

Better Workplaces

Excess Hours: Are You In Compliance?

If you have employees in Ontario who work more than 48 hours per week, the Employment Standards Act (“ESA”) requires you to  obtain an Excess Hours authorization from the Ontario Ministry of Labour, unless certain exemptions apply.

The ESA generally places two limits on working hours: 8 hours per day and 48 hours per week.  By way of agreement between the employee and employer, the 8 hours per day can be altered.  In order to exceed the 48 hours per week, an employer must follow a specific process to obtain an Excess Hours authorization from the Minister of Labour

If an approval is granted by the Ministry it is granted for three years, unless the number of hours per week exceeds 60, in which case the approval is only for one year.

Exemptions:

There are numerous industries and professions which are exempt from these rules, including those whose work is supervisory or managerial in nature, most professionals, student professionals and information technology professionals. A complete list can be found in Regulation 285.

Application Process:

To be on-side with the legislation an application must be filed in advance of the excess hours being worked.  It must be filed in accordance with the directions which can be found here:

http://www.labour.gov.on.ca/english/es/pdf/hours_guide.pdf

The ESA allows for the excess hours to begin to be worked if approval has not already been given (and the employer has not been advised that it will NOT be given) 30 days after the application has been filed.  The application depends upon a written agreement between the employee and employer and it must be entered into voluntarily on the part of the employee.    The employee (or class of employees which the exemption will apply to) must be provided with a copy of the Employee Rights Document produced by the Ministry BEFORE they enter into the agreement.  It can be found here: http://www.labour.gov.on.ca/english/es/pubs/hours/infosheet.php

The employees must be given sufficient time to review the information booklet and consider the application before they sign the Agreement.  The application for the excess hours must be displayed in the workplace.

Section 19 of the ESA does provide for excess hours under exceptional circumstances in the case of emergencies or unforeseen circumstances.  This provision can not be relied upon to regularly exceed the maximum hours.

Overtime Pay and other considerations:

It is important to also consider whether overtime pay obligations, which initiate after 44 hours per week, have been met.  Even if an employee is on salary, the ESA requires that there be a regular pay and an overtime pay calculation if more than 44 hours are being worked per week.  An approval for excess hours does not modify this requirement at all.  If an application is made to exceed 48 hours of work per week the Ministry will likely canvass this issue with the employer before granting the exemption.

An employer must also comply with the ESA requirements for time off between work days and shifts.  An employer must also ensure that they comply with the requirement for no employee to work more than 5 hours before they receive at least a 30 minute break free from work.

Finally, no change should be made to hours of work without a revision to the employment contract.  Any revision to the contract must be accompanied by adequate consideration to ensure that the new contract will be binding.

As always, consulting an employment lawyer is strongly advised before making these sorts of changes.