Laws Flashcards
What is covered in the Canadian Constitution?
- The constitution act 1867 - Division of Power
- heads of power and areas of provincial/federal gov can make laws - The constitution act 1982 - The Canadian Charter of Rights and freedoms
- Supreme law
What is ALPE
Act Respecting the Legal Publicity of Enterprises
States basically everything regarding sole prop
AND startup process of partnership (who must register and by when
Naming of provincial corporation
What is CCQ?
Civil code of Quebec.
- partnership (liability, transfer, profits, ownership,etc)
- shareholder liability and exceptions from the lack thereof (promises, fraud, corp veil)
- Contract law, forming contracts, accepting, defect of consent, capacity, etc
- contract of sale
-defects of consent
What is QBCA
Quebec Business corporations Act.
- incorporating a business venture in Quebec
What is CBCA?
Canada business corporations act
- incorporating a business venture in Canada (federally incorporated or operating in industried regulated by FED)
What law states that you must register with the registrar within 30 days instead of 60?
Tabacco Control act and the Act to Prevent Skin Cancer Caused by Artificial tanning
What is a prestation?
Payment or performance, rendering of a service, or doing/not doing something (reason for contract)
Oakes Test
applied in the instance that a law violates the constitution to see if it will continue to operate
Not withstanding clause
Allows any government to except a particular law from the conditions of the charter
how can you adminster and enforce laws?
Court, arbitration (3rd party makes decision), mediator (helps find common ground, doesnt make decision)
How does ownership transfer work for partnership?
-transfer is possible
-partners agree on how to deal with each partners’ share of the assets
special vs general partner in limited partnership
special: only up to contributions, cannot make decisions
General: solidary and unlimited liability
What is the stratup process of corporation
- fed v prov
- determine by-laws
- ID principal place of business
- select name
- certificate of incorporation
what criteria must be met by someone who wants to incorporate a business (federal)
-CBCA
-not less than 18
-not incapable
-not bankrupt
what criteria must be met by someone who wants to incorporate a business (provincial)
-civil code of QC
-minors, persons of full age under tutorship or under a protection mandate, bankrupts and persons prohibited by the court from holding such office are disqualified for office as directors
