Many businesses in Canada are becoming more aware that they have privacy obligations, but are still confused about which laws apply to them.  

This post will break down the various pieces of privacy legislation and when they may apply to your business.

PIPEDA (The Personal Information Protection and Electronic Documents Act) - this is Canadian federal legislation.  It applies to businesses who collect "personal information" in the course of their commercial activities.  "Personal information" includes any information that is linked to an identifiable individual.  This applies to all businesses in most of Canada (see below).

Province Specific Privacy Laws - Some provinces in Canada have made their own privacy laws that apply either in place of PIPEDA (Quebec, Alberta, BC) or in addition to PIPEDA (i.e. for health-related information - Ontario, NB, NL and NS).  To read further on these provincial laws - click here.  For some organizations, the...

This video gives you an overview of how your content is protected by copyright law and where to put your copyright notices.

For more information about copyright (as well as trademarks and trade secrets), you can check out this free download - Download Here.

And a reminder that this content is protected by copyright law :)

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In this video, I talk about the three main types of business contracts to have in your business:

1.  Client Contracts

2.  Hiring Contracts

3.  Rental Contracts

If you have any questions about this topic, you can reach me at [email protected]

In this second part of the "Get it Writing 2020" series, you will learn whether emails back and forth can form a legal contract.  You will also learn things to look out for using e-mails to form agreements.

You may have a client or two who are not prompt in paying their invoices with you.  This is an issue for the cash flow and financial stability of the business.

Here are some tips for collecting accounts receivable now outstanding, and improving the situation in the future:

Check the Contract

Are the fees due clear in your client contract? What about payment terms? Have you provided that interest will be charge on overdue accounts? Should you require a deposit, interim payments at certain milestones, or a credit check?

Follow Up

It is best to have an established practice for following up with clients regarding their overdue account. The invoice may have been forgotten, misplaced or sent to an old address. A follow up phone call may be uncomfortable but is a good way to find out if the client is having cash flow problems or has some other reason why they haven’t paid.

Demand Letter

A lawyer can send your client a scary letter indicating why the debt is owed and when it...

Has anyone ever told you that as a business owner that you NEED to have a shareholders’ agreement?  Did you wonder what it was?

This article sets out some of the basics.

Why?

• Without a SA, shareholders can have difficulty resolving disagreements.
• Unlike publicly traded shares, shares of a private company are difficult to sell or transfer.
• The founder and majority shareholder usually wants to maintain a certain degree of control over who can become a shareholder.
• A minority shareholder who does not have voting control of the company, will be concerned about having a mechanism to transfer his or her shares if he or she wants to.

Who?

• If a company has one shareholder only, a SA is not required.
• If a company is incorporated with more than one shareholder or where additional shareholders are added, a SA is recommended.
• If the business is a partnership, the equivalent of a SA is a partnership agreement.
• If current shareholders are considering transferring shares, they may...