Any company that is incorporated in Canada which wishes to carry on business in another province or territory other than the province or territory in which it is incorporated in most cases will need to be registered in that province to carry on business. This is called an extra-provincial registration.
Each province or territory has its own definition of what “carrying on business” means. It can be costly to register in another jurisdiction so you should ensure that you review the statute for the jurisdiction in which you wish to carry on business first to see if it will be necessary.
Registering a Business Operating Trade Name in Another Province – For an Extra-Provincial Registration of a Company
If your company carries on business under an operating trade name and it wishes to conduct business under that name in another province in Canada, outside of the province in which the company was incorporated, it will need to (1) register an extra-provincial registration of the company in that province, and (2) register the operating trade name. It is a two-step process.
Approval of Business Names For An Extra-Provincial Registration in another Province
There is no guarantee your company name or operating trade name will be accepted for registration in another province. If your company is a Canadian federal company your company name will be accepted.
In most cases, there will be no problem with having your name accepted even if your company was incorporated provincially or territorially.
If you are registering in a number of different provinces and territories, then clearing your company name and/or operating trade name in the provinces and/or territories which have more lenient name clearance guidelines will make it easier. The reason for this is that if you can show that you have three or four name clearance reports already in place prior to approaching those difficult provinces, they may accept your name regardless. We are familiar with this process and can assist.
Therefore, in the case of a situation where you are wishing to register in a number of different provinces, it is a good idea to obtain your name clearances in advance so that you will be able to determine if you will be able to register the names you wish in all of the provinces or territories where you wish to conduct business.
if a situation occurs where you are not able to conduct business under your corporate name in a particular province you may be able to conduct business under an operating name.