A guide to business regulations, licenses and other considerations.
Visit the Small Business Enterprise Centre |
The Niagara Falls Small Business Enterprise Centre is your first stop for information on starting and growing your small business.
Resources Available Include:
- One-on-one business consultations (by appointment)
- Business name search and registration assistance
- Assistance with various licensing and registration needs
- Market research assistance
- Business plan development
- Business seminars, workshops and events
- Summer Company, Starter Company Plus and Futurpreneur Program access
- Business Innovation Zone (BIZ) mixed-use incubation services
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Prepare your Business Plan |
Your business plan is one of the most important elements of your business start-up. It is also often a critical element when applying to a financial institution for financing; or a government funded program. Prepare your business plan in the start-up stage of your business, and revise it on an ongoing basis.
Why write a business plan?
- To define your business and give you a better understanding of the industry
- To show potential strengths, weaknesses, opportunities and threats of your business
- To identify your goals and give you focus
- To allow you to measure your success
- To serve as your company’s resume
- To help obtain financing or attract investors
The bottom line – the purpose of a business plan is to improve the success rate of any venture.
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Attend a Business Seminar, Workshop or Event |
You can check out our current listing of events and register online: Listing of Business Seminars, Workshops and Events
Please note that registration is required to ensure space is available. You can register online or directly with the Centre by calling 905-356-7521 extension 5130.
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Check Municipal Regulations |
Municipalities across the Niagara Region will have specific regulations regarding business operation within their municipality. Ensure that you check with the various departments listed below for any regulations affecting your business.
A listing of municipal offices within the Niagara Region is provided on the last page of this guide.
Licensing
Municipalities across the Niagara Region (and Province of Ontario) will license certain types of businesses. Each municipality will have a different licensing by-law and the types of business licenses will vary from municipality to municipality.
In Port Colborne, you can contact Kristina Domenicucci in the Clerk’s Department at 905-835-2900 extension 121.
NOTE: If required, your application will be circulated to the necessary departments, including Building, Fire, Police and Public Health.
Zoning/Planning
To ensure that the building, land or establishment where you will be operating your business is appropriately zoned, contact your municipalities zoning administrator. If you operate a home-based business, there is likely a home occupation by-law which you must adhere to. Christopher Roome is the Planning Tech/Clerk at the City of Port Colborne and can be contacted at 905-835-2900 extension 205.
You may also want to have your lawyer and accountant evaluate any leases or purchase and sale agreements you are contemplating to ensure you are aware of all the legal and financial implications associated with your decision.
Building
If you are installing or erecting a sign for your business, or making renovations to your business premise, make sure to check with your City Hall’s Building department for any required building permits and inspections.
Building Services is responsible to ensure that all building construction governed by a building permit meets the minimum acceptable standard as required by statutory authority under the Building Code Act. This is accomplished through the processing of all building permits, the review of applications for compliance with the Ontario Building Code, and the site inspection of all construction projects.
Building Services is also responsible to ensure that minimum standards of property maintenance are enforced through the Property Standards By-law in order to protect the members of the public from situations that may be unsafe or aesthetically unacceptable. The Department responds to complaints from members of the public. Inspections are then required to confirm a by-law violation. In addition, the Building Division is responsible for the issuance of Sign Permits.
In Port Colborne, the City’s Building Department can be reached by telephone at 905-835-2900 extension 229.
Fire Department
As part of the building, zoning and licensing requirements, you may require inspection from the Fire Department. You are also required to ensure you meet all Fire code regulations. To contact the Port Colborne Fire Department, please call 905-834-4512.
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Regional and Provincial Regulations |
Niagara Region Business Licensing
As of June 1, 2019 certain businesses previously licensed by the NRPS will be licensed, inspected and enforced by the Niagara Region Business Licensing Department. For a complete list, contact the Licensing Department at 905-980-6000 ext. 6380 or visit: Niagara Region Business Licensing
- Adult Entertainment
- Salvage Yards
- Scrap Metal Dealers and Collectors
- Auto Wrecking Yards
- Second Hand Stores
- Second Hand Goods Dealers
- TNC (Transportation Network Company)
- Vehicles for hire (including taxicabs, tow trucks, limousines, sightseeing shuttles and specialty vehicles)
Public Health Department
The Niagara Regional Public Health Department will inspect the equipment and conditions for certain businesses. For more information you can contact the Public Health Department at 905-356-1538 or visit: Niagara Public Health Department
- Food service (including restaurants, food sales establishments, refreshment vehicles etc)
- Hairdressing salons and barber shops
- Tanning salons
- Tattoo and body piercing studios
- Convenience stores
- Water Haulers
- Public Pools
The Public Health department also offers the safe food handler safety and certification program: Food Handler Certification Program
Provincial Licenses
Certain business may require special Provincial licenses. A partial list is provided below
- Day Care Services – Ministry of Children and Youth Services
- Liquor Licenses – Alcohol and Gaming Commission of Ontario
- Custom’s Brokers – Canada Border Services Agency
- Travel Agents – Travel Industry Council of Ontario (TICO)
- Music License – Performances of music in public require a license from SOCAN
- Motor Vehicle Dealers – Ontario Motor Vehicle Industry Council
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Decide on the Form of Business |
There are 3 main business structures including:
Sole Proprietorship
Refers to an unincorporated business with one (sole) owner.
- The owner must be an individual. It is not a corporation.
- This is the easiest form of business to set up.
General Partnership
Refers to an unincorporated business with 2 or more owners.
- The general partnership may consist of individuals. This is not the same as a limited partnership.
Corporation
An entity with rights and responsibilities as a distinct person under the law.
- A corporation is owned by the shareholders and managed by directors chosen by the shareholders.
- The owners of a corporation are not personally responsible for the debts of the corporation.
- The corporation is responsible for its debts.
- The purpose of a business corporation is to make a profit for its owners.
- A business corporation is distinguished by the use of the following legal elements within the corporate name: "Limited", "Incorporated" or "Corporation" or the corresponding abbreviations "Ltd.", "Inc." or "Corp."
- A corporation may operate under a name other than its legal corporate name by filing a Registration Form 2 under the Business Names Act. The operating name cannot have the legal elements of "Limited", "Incorporated", "Corporation", "Ltd.", "Inc." or "Corp." within the name.
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Register Your Business Name |
- Registration of your business name (Master Business License) is mandatory under the Business Names Act if you operate a business under a name other than your own.
- This registration is also required to open a business bank account.
- Registration costs $60.00 and is valid for 5 years.
- Name Search is optional and costs $8.00 per name searched.
- Registering your business name does NOT give you exclusive use of the name.
Online: Online Master Business Licence Registration
In Person: Niagara Falls Small Business Enterprise Centre
4343 Morrison Street, Behind City Hall
905-356-7521 x 5130
If you choose to operate your business using your legal name (for example: John Smith) with no additional words in your business name, a business name registration is optional.
Most financial institutions will require you to provide a Master Business License or Articles of Incorporation prior to opening a commercial bank account.
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Federal and Provincial Taxes |
Harmonized Sales Tax (HST)
The HST tax rate of 13% is comprised of Ontario’s 8% portion, and a 5% federal portion.
You meet the CRA small supplier definition if you generate revenue of $30,000 or less in the last four consecutive calendar quarters and in any single calendar quarter.
You can register voluntarily if your taxable sales are less than $30,000, but once registered you must begin collecting and remitting the HST. There is no charge for this Business Number (BN).
Contact the Canada Revenue Agency for more information about claiming your input tax credits.
Canada Revenue Agency
32 Church Street, St Catharines
1-800-959-5525 | Canada Revenue Agency or Online Business Number Registration
Employer Health Tax (EHT)
If your business has a cumulative annual payroll in excess of $450,000 or are considered an associated employer, you are required to register and remit Employer Health Tax. Contact the Ministry of Finance for more information.
Ministry of Finance – Tax Revenue Division
1-866-668-8297| Employer Health Tax
Corporate Income Tax
If you have incorporated your business you will have to remit income tax to the federal government. In most cases, new corporations will receive a Business Number from Revenue Canada within 45 days of incorporating. For more information contact:
Canada Revenue Agency
32 Church Street, St Catharines
1-800-959-5525 | Canada Revenue Agency or Online Business Number Registration
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Insurance |
Insurance needs for businesses vary greatly. It is best to choose an insurance agent or broker familiar with your size of business and, in particular, an agent familiar with your type of operation. If you don't have an insurance agent, you may wish to ask other business owners in your area to recommend one.
The following list is included to remind you not to overlook the complex areas of business insurance. It is best, however, to discuss your specific requirements with your insurance agent.
Basic insurance:
- Fire insurance (extended coverage on buildings and contents);
- Liability insurance (depending on the type of business);
- Burglary protection (theft coverage); and
- Dishonesty insurance (covers thefts by employees).
Importing/Exporting
If you import goods into Canada or export goods to other countries, you should register for an import/export account number. This number is used to process customs documents. To avoid delays in releasing your goods at the border, open your account before you import or export goods.
Canada Revenue Agency
32 Church Street, St Catharines
1-800-959-5525 | Canada Revenue Agency or Online Business Number Registration
Canada Border Services Agency
1-800-461-9999 | CBSA Website
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Intellectual Property |
There are 5 types of intellectual property including:
- Trade-marks are used to distinguish the goods or services of one person or company from those of another. Slogans, names of products, distinctive packages or unique product shapes are all examples of features that are eligible for registration as trade-marks.
- Patents cover new inventions (process, machine, manufacture, composition of matter), or any new and useful improvement of an existing invention;
- Copyrights provide protection for literary, artistic, dramatic or musical works (including computer programs), and three other subject-matter known as: performance, sound recording and communication signal;
- 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;
- Integrated circuit topographies refer to the three-dimensional configuration of the electronic circuits embodied in integrated circuit products or layout designs.
Canadian Intellectual Property Office (CIPO)
1-866-997-1936 | CIPO Website
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Employee Regulations |
Payroll Account
You will need a CRA payroll account if hiring employees. All businesses are required to make payroll deductions from their employees for: Canada Pension Plan (CPP), Employment Insurance (EI) and Income Tax. For more information contact:
Canada Revenue Agency
32 Church Street, St Catharines
1-800-959-5525 | Canada Revenue Agency or Online Business Number Registration
Workplace Safety and Insurance Board(WSIB)
Most businesses in Ontario that employ workers (including family and sub-contractors) must register and make remittance to the Workplace Safety and Insurance Board (WSIB). It’s the law.
- You will need to contact WSIB within 10 days of hiring your first full or part-time worker.
- Employers who do not register are subject to prosecution and penalties.
- Owners, partners and executive officers are not automatically covered under the WSIB insurance plan, but you can apply for optional insurance.
- Owners/operators in the construction industry require coverage if you are engaging in commercial work
Workplace Safety and Insurance Board
905-687-8622 or 1-800-387-0750 | WSIB Website
Employment Standards
- The Employment Standards Act (ESA) provides for minimum terms and conditions of employment in most industries.
- The poster (now available in 20 languages), "What You Should Know About the Ontario Employment Standards Act", outlines employees’ rights and employers’ responsibilities at work and must be posted in most workplaces.
Ministry of Labour
1-800-809-4731, Ministry of Labour Website
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Contacts
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Municipal Business Licences
City Of Port Colborne
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Clerks Department, City Hall
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905-835-2900 x121
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Zoning/Planning Information
City of Port Colborne
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Planning Department, City Hall
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905-835-2900 x205
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Building Permits
City of Port Colborne
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Building Department, City Hall
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905-835-2900 x129
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Fire Department
City of Port Colborne
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Port Colborne Fire & Emergency Services, 3 Killaly Street W
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905-834-4512
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Property Taxes
City of Port Colborne
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Finance Department, City Hall
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905-835-2900
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Public Health Department
Niagara Region
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Inspection Department
5710 Kitchener Street, N.F.
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905-356-1538
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Niagara Region Business Licensing Department
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Licensing Department
5853 Peer Street, 2nd floor, N.F.
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905-980-6000
x6380
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Business Name Registration
Service Ontario
Ministry of Government and Consumer Services
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Register Online at:
Service Ontario
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Helpline:
1-800-565-1921
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Employer Health Tax (EHT)
Ministry of Revenue
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Ministry of Finance
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1-866-668-8297
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Workplace Safety & Insurance Board
(Formerly known as Worker’s Compensation)
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301 St. Paul Street, 8th floor
St. Catharines, ON
WSIB
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905-687-8622
1-800-387-0750
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Provincial Incorporation
Ministry of Government and Consumer Services
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Land Registry Office
59 Church Street, St. Catharines
Service Ontario
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905-684-6351
1-800-268-1142
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Liquor License/Gaming Supplier Licensing
Alcohol and Gaming Commission of Ontario
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90 Sheppard Avenue E., Suite 200
Toronto, ON, M2N 0A4
AGCO
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416-326-8700
1-800-522-2876
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Harmonized Sales Tax (HST), Payroll Deductions, Import/Export Account Canada Revenue Agency
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32 Church Street, P.O. Box 3038
St. Catharines ON L2R 3B9
Canada Revenue Agency
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1-800-959-5525
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Federal Incorporation
Corporations Canada
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151 Younge Street
Toronto, ON M5C 2W7
Federal Incorporation
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416-954-2714
1-866-333-5556
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Intellectual Property -
Copyrights, Patents, Trademarks.
Canadian Intellectual Property Office
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CIPO
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1-866-997-1936
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Business Assistance & Guidance
Niagara Falls Small Business Enterprise Centre
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Niagara Falls City Hall
Small Business Consultant
Business Information Officer
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905-356-7521
x 5004
x 5005
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Business Information
Canada Ontario Business Service Centre
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Canada Business
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1-800-567-2345
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