Carry on Business in Saskatchewan – Statute Requirements

If a Canadian company, registered in any of the provinces or territories in Canada, wishes to register to conduct business in the province of Saskatchewan, that company may need to be extra-provincially registered in the province of Saskatchewan.

Alternatively, if a company which has been formed in a country outside of Canada, wishes to conduct business in the province of Saskatchewan it may also need to be extra-provincially registered in the province of Saskatchewan.

Requirements to Carry on Business in Saskatchewan

 Carry on Business in Saskatchewan
Carry on Business in Saskatchewan

The requirements of a domestic Canadian company to carry on business in Saskatchewan may be entirely different from a foreign registered company carry on business in Saskatchewan since the government will require more information for a company registered outside of Canada before it will grant its approval.

Statute Requirements to be Extra-Provincially Registered in Saskatchewan

This Article’s main scope is to discuss the legal basis for being mandated to register your business in order to carry on business in Saskatchewan.

The Business Corporations Act (Saskatchewan) governs foreign companies carrying on business in Manitoba which includes any company or business registered outside of Saskatchewan.

Before taking steps to register in this province consider what the requirements are since only businesses that fall under the requirements to register must complete and file the documents.

The Business Corporations Act (Saskatchewan) says:

(1) if a business holds a title or interest in a property or land in Saskatchewan, it must be registered, and it may need to be registered before it purchases the land or property in Saskatchewan;

(2)  if a business maintains an office or a warehouse or any other type of place of business in Saskatchewan it must be registered;

(3)  if a business maintains a telephone number in Saskatchewan it must be registered; and

(4)  if the business has an individual(2) who represent the business in Saskatchewan it must be registered.

If your business falls or will be falling under any of the above requirements then it must take steps to register in that province.

Statute Requirements to Register Extra-Provincially in Saskatchewan

The following is the EXACT wording of Section 262 of The Business Corporations Act for those who would like to read the requirements of the statute themselves:

Section 262 of the Act provides “that carrying on business in Saskatchewan occurs if (a) the company holds title or interest in land, (b) the company maintains an office, warehouse or place of business in Saskatchewan, (c) the company has a telephone number in Saskatchewan, (d) the company has a resident agent or representative in that province or (e) otherwise carries on business in Saskatchewan.”

Economy of Saskatchewan

Saskatchewan’s main economy is agriculture.  The capital and main commerce centre in the province of Saskatchewan is the City of Regina.

Saskatchewan
Saskatchewan – Agriculture Economy

 

Carry-on-business-in-bc

Carry on Business in British Columbia – Statute Requirements

When considering conducting business in British Columbia is is a good idea to consider whether the business you wish to register needs to be registered to conduct business in British Columbia.

Types of Businesses that must Register to Carry on Business in British Columbia

These requirements will apply to any business in Canada registered outside of British Columbia (domestic business) which wishes to conduct business in British Columbia, and as well, for those foreign businesses that wish to conduct business in Canada (businesses registered outside of Canada in another country).

When a business registered in a jurisdiction outside of British Columbia wishes to sell or provide services in BC, the registration is called an Extra-Provincial Registration.

 

Summary of Requirements to Carry on Business in British Columbia

A simplified list of what the BC government constitutes conducting business in BC is as follows:

 

A company registered outside of British Columbia carrying on business in British Columbia MUST register within 2 months.

A company is deemed to be conducting business in BC if

  1. its name is listed in a telephone directory
  2. its name is in an advertisement with a BC address or telephone number
  3. the foreign entity has a warehouse or office in BC
  4. the foreign entity owns land in BC

 

carry-on-business-in-british-columbia

Statute Language – Carry on Business in British Columbia

For those who would like to know the exact wording of the statute, below is an excerpt from the Business Corporations Act (British Columbia):

Sections 375 (1), (2) and (3) describe what constitutes the necessity to register a foreign business in British Columbia:

(1) A foreign entity must register as an extraprovincial company in accordance with this Act within 2 months after the foreign entity begins to carry on business in British Columbia.  

(2) For the purposes of this Act and subject to subsection (3), a foreign entity is deemed to carry on business in British Columbia if (a) its name, or any name under which it carries on business, is listed in a telephone directory (i) for any part of British Columbia, and (ii) in which an address or telephone number in British Columbia is given for the foreign entity, (b) its name, or any name under which it carries on business, appears or is announced in any advertisement in which an address or telephone number in British Columbia is given for the foreign entity, (c) a resident agent, or (ii) a warehouse, office or place of business, or (d) it otherwise carries on business in British Columbia.

(3) A foreign entity does not carry on business in British Columbia (a) if it is a bank, (b) if its only business in British Columbia is constructing and operating a railway, or (c) merely because it has an interest as a limited partner in a limited partnership carrying on business in British Columbia.

(4) A foreign entity need not be registered under this Act or comply with this Part other than subsection (5) [subsection (5) relates to agent or representative] of this section, and may carry on business in British Columbia as if it were registered under this Act, if (a) the principal business of the foreign entity consists of the operation of one or more ships, and (b) the foreign entity does not maintain in British Columbia a warehouse, office or place of business under its own control or under the control of a person on behalf of the foreign entity.”

Register a Non-Resident Canadian Company