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Squirrelly Cakes - Canadian Copyright Laws

post #1 of 10
Thread Starter 
Squirrelly Cakes,

Have you done any research on copyright laws in Canada? How does the Bulk Barn rent pans? Someone mentioned this was illegal in a different post. They're a pretty big company to be doing something like this illegally. Do you know if we differ from the States in our laws? I would imagine we do. Can we sell character cakes...in character pans...with a buttercream transfer? If not, I had better get them off my site...I can't afford a hefty fine.

Let me know...if you know...thanks in advance,
Suzanne M.
post #2 of 10
Hi Kiddo,
Honestly, I haven't a clue as to how the law applies. Like I said, they rent out the pans, they don't stipulate you cannot use them for other than family, perhaps the same law applies, I really don't know. I guess I would also take them off my site if I were you. It is something most of us don't get into the discussions about, because, sometimes it can turn a non-issue into an issue.
I tend to do cakes for cost, most especially for these character type cakes, so it isn't a problem for me.
Since in most communities it is illegal to advertise if you are not licensed, and by most I mean the ones I am aware of in this country, well then this isn't an issue.
But I can tell you that I have rented these pans for years from various companies and bakeries and such and not once did I see any stipulations about the illegality of making these cakes for sale. They generally don't have the whole insert in them, perhaps too, they are covered by the rental fee, although at $2 a pop, I find that a bit hard to believe.
But I think that we are probably bettter off not making this a forum issue, haha! tapedshut.gif
Personally I find the whole issue a bit silly and to avoid any problems with posting pictures, as long as they are for family members or for cost, post them, otherwise don't.
Hugs Squirrelly Cakes
post #3 of 10
Thread Starter 
Thanks.

Suzanne M.
post #4 of 10
Hi SquirrellyCakes!

I am very new to cake decorating myself and trying to start some kind of home based business. How do we get ourselves licensed? What does this entail? I live in Barrie, Ontario and must admit I don't have the first clue as to where to start. I have so many questions that I get a little overwhelmed sometimes.

My husband is behind me 110%, which is awesome, and I really don't want to let him down. This site has proven to be absolutely amazing and I am slowly trying to work my way through all of the forums and ideas and everyone is so supportive.

Anything you have to offer would be greatly appreciated!

Thanks,

Tripletmom
post #5 of 10
Hi fellow Canuck in the Near North!
Well it is more complicated than ever it was with the amalgamation of various towns and cities throughout our lovely province. Also, some of the government ministries have changed names in the last 10 years or so.
First off, I would contact your municipality. The zoning and building by-laws vary so much throughout this province, what is the same for me would not be the same for you. So you want to deal with the closest thing you have to a city hall, where you go to get your building licenses. You may or may not be able to operate as a bakery in the home, according to having to meet certain criteria, like a separate entrance, a separate hand washing sink, a double or triple sink for bakery use only, no pets in the home, certain types of materials for your flooring, dedicated refridgerator and freezer space etc. Then there is the issue that some residential areas have zoning restrictions where absolutely no business can be operated from the home due to possible increases in traffic etc. Some can be operated from the home, but no pick-ups are allowed. It varies a lot.
Your local Chamber of Commerce may be a valuable asset. Many have a fair amount of knowledge or can steer you in the right direction. Many offer small business courses and information.
Then you need to look into registering your business, especially for G.S.T. purposes, so you will be dealing at the provincial level. I believe that a lot of the health and safety regulations are also at the provincial level, though there has been some exhanging of powers over the last few years and they may well be mostly enforced at the municipal level.
You will likely need to take a Food Safety course.
Where to start would be at the municipal level because if you cannot operate in you area, this is what you need to know first. before you worry about taxes and such.
Sorry not much help, I am not current on the status the way it stands now.
Hugs Squirrelly Cakes
post #6 of 10
Thanks for your reply!

Wow! I am barely out of the gate and already not feeling too confident!

It's a really daunting task, isn't it? Have you gone through all of this yourself? I wanted to maybe get some business cards done so I could give them to people who are buying cakes from me know however I am afraid of getting in trouble....ya know, Revenue Canada and all that. I know, ya pays yer money, ya takes yer chances!
post #7 of 10
I started investigating it at one time and changed my mind. However I know a number of people that have and the process for some, took a year and more. Revenue Canada, doesn't care what you do as long as they get their taxes, licensed or not. The province wants their sales tax. The municipality is more concerned with fire hazards, building code, health and safety, food inspection and zoning. If you are able to have a business in the home, you will need to take out a building permit to make renovatons to the accomodations. So you submit your plan and if it is approved, then you start the work and have inspections done after you have done things like wirign and plumbing and before you finish off walls, so that they can inspect. Then you need a final inspection.
Most of our American friends can renovate and meet standards for around $5000. The price here is likely to be about a bare minimum of $10, 000 to around $30,000, but once you know what has to be done, you will be in a better position to figure out the costs. Plus you have to pay for your building permit and also to register your business. On the plus side, once you are a legal business you will be able to purchase your supplies at wholesale prices, which are a lot cheaper than retail. You will have to keep books and do monthly, quarterly and annual statements of income, depreciation of equipment etc., so talking with an accountant is a good idea.
You will also need to talk to your insurance company about the special liability insurance you will need and any other insurance needs as a result of operating a business from your home. Your regular home insurance will not cover you and in fact, if your insurance company is not told of this new use of your home, they can cancel your coverage and refuse to pay out any claims, so speak to them prior to starting construction.
Hugs Squirrelly Cakes
post #8 of 10
Not sure where you're getting your renovation $$$ for your American friends. It all depends on what you start with and where you are located. Here we still have Federal, State, County and Town taxes and regulations (whichever are applicable to where you live) and zoning issues, permits issues, etc. Any plumbing or electrical work needs to be inspected before being covered and each inspection costs along with each permit. Heck, where I live we can't even replace a water heater without paying for a permit! I don't have all of the details but I know enough to know I stopped looking into it for now and my husband is in the business! icon_cry.gif Sounds very similar to what you have in Canada.

Good Luck to you!

Debbie
Hope your day is a piece of cake!
Reply
Hope your day is a piece of cake!
Reply
post #9 of 10
Haha, Debbie, actually a few folks have used that figure for renovations on a few of the sites, Wilton being one of them. I thought it was ridiculously low, myself, but then you guys generally pay so much less for everything, that it sounded like it was possible. Heck the newer model of Kitchen Aid is $700 here, so you can pretty well take your prices and at least double them for most things in Canada - cake related. So $5000 won't do it where you are? It won't do much here either.
It is a shame with your hubby being in the business that it is still going to be ridiculous to give it a try!

Hugs Squirrelly Cakes
post #10 of 10
If that's all it took i'd be well on my way by now! Who knows - some day... In the mean time i'll continue with what i'm doing! Of course when I get discovered and my cakes go for $1,000 + each I might be able to afford to do it the "right" way! icon_razz.gif

Debbie
Hope your day is a piece of cake!
Reply
Hope your day is a piece of cake!
Reply
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