extra provincial registration

 

Thinking of expanding your business outside of your home province? Whether you have a very successful business in Ontario and want to expand into British Columbia or you’re eyeing Alberta as your next big market, you’ll need “extra-provincial registration”.

But what does that mean, and why should you care? Well, Extra-provincial registration is the legal step you need to take to ensure your business is recognized and can operate in another province. It’s like getting a special “passport” for your business to travel across Canada.

In this blog, we’re going to walk you through the top three tips to make sure your extra-provincial registration is as smooth and stress-free as possible. Let’s begin!

Why Register Extra-Provincially?

You might question why it is considered necessary to go through all the effort of extra-provincial registration. Here are the key benefits:

  • Legal Recognition: It will make sure that your business is recognized and can legally operate in the new province.
  • OpensAccess to Local Markets: Registering in a new province opens up new market opportunities for your products or services.
  • Better Credibility: This adds a lot of legitimacy to your business and shows that you are serious about expanding your operations.
  • Tax Benefits: You may be eligible for certain tax benefits or incentives to do business in some provinces.

Now that we have established why this is necessary, let us dive deep into the top three tips to make this extra-provincial registration process as smooth as possible.

Tip #1: Check Your Business Name Availability

Why It’s Important

Before registering in another province, you must check to see if your business name is available. The name that worked in your home province might already be taken in the new province, and if so, you won’t be able to use it.

How to Do It

Each province has a name approval process. For example, in Ontario, there’s the NUANS system that allows you to search for similar business names. In other provinces, you’ll have a similar tool to check if your name is available.

For NUANS search Report, you can visit

Online Business Registry
Incorp Master
NUANS Report

For Pre-Approval of your business name, visit NUANS CANADA website.

Here’s how you can ensure that your name is good to go:

  • Use Online Search Tools: Most provinces provide an online database where you can verify if your business name is already registered. This is usually free or for a very small fee.
  • Consider Your Branding: Even if the name is available, it’s good to think about how it will be received in the new province. Will it resonate with local customers? Is it easy to remember?
  • Apply for Name Approval: Once you have confirmed that the name is available, you will have to apply for official approval in the new province.

Tip: If you are not sure whether your desired business name is available or how to confirm availability, you can turn to a professional service like IncorpPro for help with this step.

Tip #2: Know What Each Province Requires

If you wish to expand your business into a new province, you need to understand what that province has for extra-provincial registration rules. Each province has its own set of guidelines, and the Extra-Provincial Corporations Act is what governs the process of registering a business that was originally incorporated in another province. Hence, it is a good idea to know what you will need well in advance before starting the process.

What You Need to Do:

Check the Local Rules: Different provinces may require different paperwork, such as a business registration certificate, proof of the location of your business, or your business number BN. Be sure to check what is required for your particular province of registration.
Get an Agent for Service: Some provinces may require that you have a local agent with a fixed location where there is any need for receipt of legal documents that may be against your business, hence in regard to this you will be required to appoint one.

Tip: If you are still confused about the rules in the new province, do not sweat it! You can always get professional services from providers like IncorpPro, which will see you through with ease and keep you on track.

Tip #3: Maintain Ongoing Compliance

Keeping Your Registration Active

Once your business is registered in the new province, your work isn’t done. You need to stay on top of ongoing compliance in order to keep your registration valid and avoid penalties.
Here’s what to keep in mind:

  • Annual Returns: Provinces require businesses to file an annual return to maintain their registration. If you miss a filing, your registration could be dissolved.
  • Taxes: You will also have to register for provincial taxes, including HST for some provinces or provincial sales tax (PST). Depending on your type of business, you may be required to collect taxes and submit filings regularly.
  • Business Licenses: You will have to apply for different licenses or permits based on the type of business you have in the new province.
  • Other Regulations: Certain provinces may have specific rules around advertising, health regulations, or employee rights. Make sure you’re familiar with the provincial rules to avoid any issues.

Benefits of Staying Compliant

  • Avoiding Penalties: Staying compliant means that one will not face any penalties or fines for missed filings or payments.
  • Good Standing: Good standing means your filings and taxes are up to date in order for your business to be in good standing with the provincial government.
  • Growing with Confidence: When you’re compliant, you can expand your business without worrying about legal issues or surprises.

Tip: Set events such as annual returns and deadline dates for taxes. For these filings, you will hire a service to do them in your stead, for convenience to save you time and save headaches.

Requirements for Major Provinces

Province

Key Requirements for Extra-Provincial Registration

Ontario
  • Certificate of Status from the home province
  • Completed Form 2 (Initial Return/Extra-Provincial Corporation Information)
  • NUANS name search if applicable
British Columbia
  • Name Request (NR) if not using your legal name
  • Certificate of Incorporation from the home province
  • Registered office in BC
  • Filing via BC Registry
Alberta
  • NUANS report for name approval
  • Copy of incorporation documents
  • Appoint an Alberta-based agent for service
  • Register through the Alberta Corporate Registry
Quebec
  • Declaration of Registration (Déclaration d’immatriculation)
  • Translated documents (if applicable)
  • Québec-based address
  • File with the Registraire des entreprises
Manitoba
  • Copy of Certificate of Incorporation
  • NUANS search report
  • Manitoba-based registered office
  • Application via Manitoba Companies Office
Saskatchewan
  • Corporate name search (if required)
  • Certificate of Incorporation
  • Appoint a Saskatchewan-based agent
  • Submit via Information Services Corporation (ISC)
Nova Scotia
  • Certificate of Incorporation from the originating province
  • Reserve or confirm the corporate name
  • Nova Scotia-based address for service
  • File with Registry of Joint Stock Companies

Need Help with Extra-Provincial Registration?

Expanding your business in new provinces opens up avenues for growth but you have to follow the rules that come with Extra-Provincial Corporations Act. This Act makes sure all businesses go through the legal processes before operating in another province. Being able to expand your business into new provinces is an exciting opportunity that can bring growth and new markets. While extra-provincial registration may sound like a rather complicated process, following these three tips will make it much easier and more manageable.

If you are not comfortable with the process, then it’s better to consult any professional service like IncorpPro. We can guide you through every step of extra-provincial registration to ensure that you are well set up for success in your new market.