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Law Dictionary
Fulcrum Law is a Business Law Firm in Vancouver, BC. This dictionary was designed for Canadian Business Owners to better understand legal terms and how it relates to them and their business.
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Statutory regulations
Statutory regulations
Regulations are rules made under the authority of a statute by the government or another delegated body, rather than passed directly by the legislature. They fill in details such as forms, fees, standards, deadlines and exemptions. A regulation has the force of law only if it falls within the power the parent statute grants.
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Statutory requirements
Statutory requirements
Statutory requirements are conditions a business must meet because legislation requires them, such as holding a licence, filing reports, keeping records, collecting taxes or following safety standards. The phrase is descriptive; the actual requirements depend on the statute, the industry and where the business operates.
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Statutory right of way
Statutory right of way
A statutory right of way is a registered charge on title that lets a public body, utility or other authorized party use part of a property in British Columbia, for example for pipes, cables or public access. Under section 218 of the Land Title Act it needs no neighbouring benefiting land and binds future owners.
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Strata bylaws
Strata bylaws
Strata bylaws are the rules that govern a strata corporation in BC, covering matters such as use of strata lots and common property, pets, rentals, noise, repairs and council procedures. The Standard Bylaws in the Strata Property Act apply unless the owners amend them. Owners, tenants, occupants and visitors must follow the bylaws.
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Strata corporation
Strata corporation
A strata corporation is the legal entity created automatically when a strata plan is deposited in the land title office under British Columbia's Strata Property Act. Every strata lot owner is a member. It manages common property and common assets, enforces bylaws through an elected strata council, and collects strata fees.
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Strata corporation
Strata corporation
A strata corporation is the legal entity created when a strata plan is deposited in the Land Title Office in BC. Its members are all the owners of strata lots in the development. It manages and maintains the common property and common assets, enforces the bylaws, sets the budget and collects strata fees, acting mainly through an elected strata council.
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Strata council
Strata council
A strata council is the group of owners elected at the annual general meeting to exercise the powers and perform the duties of a strata corporation in BC. The council manages day to day affairs, such as maintenance, finances, bylaw enforcement and hiring a strata manager, subject to the Strata Property Act, the bylaws and decisions made by owners at general meetings.
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Strata disputes
Strata disputes
Strata disputes are disagreements involving a strata corporation, its council, owners, tenants or occupants, such as bylaw enforcement and fines, repair and maintenance responsibilities, water leaks, levies, access to records and decisions made at meetings. In BC, most of these disputes go first to the Civil Resolution Tribunal rather than to court.
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Strata property
Strata property
Strata property is British Columbia's form of condominium ownership under the Strata Property Act. Each owner holds title to an individual strata lot and shares ownership of the common property with the other owners. A strata corporation, run by an elected council and governed by bylaws, manages the building and collects strata fees.
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Strata property
Strata property
Strata property is a form of ownership in BC in which a building or development is divided into separately owned strata lots, while hallways, roofs, grounds and other common property are owned by all the owners together through the strata corporation. It covers condominiums, townhouses and commercial or mixed use buildings, and is the BC equivalent of what other provinces call condominiums.
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Taxation
Taxation
Taxation is the imposition and collection of taxes by government. A BC business typically deals with federal and provincial income tax, the federal goods and services tax (GST), BC provincial sales tax (PST), payroll deductions, property tax and property transfer tax. Each tax has its own rules about who must register, file and pay.
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Technology consulting
Technology consulting
Technology consulting is the business of advising organizations on technology, such as strategy, system selection, software development, integration, cybersecurity and project management. It is a business service rather than a legal term, but the legal issues usually arise from the consulting contract that defines the scope, fees, deliverables and responsibilities.
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Technology contracts
Technology contracts
A technology contract is an agreement to develop, license, host, support or buy software, hardware or digital services, such as a SaaS agreement, software licence or development agreement. In British Columbia business to business technology contracts are governed mainly by the common law of contract, so the written terms decide ownership, data use, warranties and liability.
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Technology development
Technology development
Technology development is the process of designing, building, testing and improving software, hardware or other technology products. It is a business and engineering term rather than a legal one, but it raises legal issues about who owns what is developed, how development partners are paid, confidentiality, and compliance with any regulatory requirements for the product.
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Technology innovation
Technology innovation
Technology innovation means developing new or improved technology, such as software, devices or processes, and bringing it to market. It is a business concept rather than a legal term. The legal questions it raises are mainly about protecting the innovation through intellectual property and contracts, and complying with laws that apply to the new product or service.
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Technology patents
Technology patents
A technology patent is a patent granted for a technological invention, such as a device, process or, in limited cases, a computer implemented invention. In Canada, a patent gives the owner the exclusive right to make, use and sell the invention for up to 20 years from filing, in exchange for publicly disclosing how it works. The invention must be new, useful and not obvious.
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Technology startups
Technology startups
A technology startup is a new business built around developing and commercializing technology, often aiming for rapid growth and outside investment. It is a business term rather than a legal one. Typical legal steps include incorporating, issuing founder shares with vesting, securing intellectual property, signing customer and contractor agreements, and raising capital in compliance with securities law.
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Technology transfer
Technology transfer
Technology transfer is the commercial movement of patents, software, know-how or other technology from its owner, often a university or research company, to another business by licence, assignment, option or joint venture. The agreement sets ownership, permitted field and territory of use, royalties, rights to improvements, confidentiality and export obligations.
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Telecommunications
Telecommunications
Telecommunications is the transmission of voice, data or video over distance by wire, radio, optical or other electronic means, including phone, internet and wireless services. It is federally regulated in Canada. For most BC businesses, the relevant legal issues are service contracts with carriers, privacy, anti-spam rules for electronic marketing, and telemarketing rules.
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Tenant rights
Tenant rights
For a business that rents premises in BC, tenant rights are mainly the rights set out in its commercial lease, supplemented by the common law and a few statutes. Commercial tenants have no rent control or statutory eviction protection; their key protections are the lease terms they negotiate, quiet enjoyment, and relief from forfeiture if the landlord tries to terminate.
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Termination clauses
Termination clauses
A termination clause sets out when and how a party may end a contract early, such as for convenience, for cause after notice and a chance to cure, or on insolvency, and what is owed when it ends. In British Columbia an employment termination clause that gives less than the Employment Standards Act minimum is void.
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Title representations and warranties
Title representations and warranties
Title representations and warranties are a seller's contractual promises that it owns the shares, assets or goods being sold and can transfer them free of liens and other claims. In British Columbia share and asset purchases they are usually treated as fundamental warranties. For land, buyers rely mainly on registered title under the Land Title Act.
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Title searches
Title searches
A title search is a search of the British Columbia land title register, obtained through the Land Title and Survey Authority (LTSA), showing a parcel's registered owner and every registered charge against it, such as mortgages, liens, easements and covenants. Because BC uses the Torrens system, the current register is the starting point for any purchase, lease or loan.
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Tort law
Tort law
Tort law is the body of common law and statute that lets a person sue for a civil wrong outside contract, such as negligence, nuisance, defamation, conversion, deceit or inducing breach of contract. The usual remedy is damages. In British Columbia most tort claims must be started within two years of discovery under the Limitation Act.
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Trade agreements
Trade agreements
Trade agreements are treaties between countries, or agreements among Canadian governments, that set rules for trade, such as tariffs, market access, investment protection and government procurement. Examples include the Canada United States Mexico Agreement (CUSMA), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and, domestically, the Canadian Free Trade Agreement among the provinces and territories.
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