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Canada Not-for-profit Corporations Regulations (SOR/2011-223)

Regulations are current to 2022-06-01 and last amended on 2020-01-15. Previous Versions

AMENDMENTS NOT IN FORCE

  • — SOR/2022-40, s. 44

    • 44 Section 38 of the Canada Not-for-profit Corporations RegulationsFootnote 3 is replaced by the following:

      • 38 For the purpose of section 238 of the Act, the prescribed period is six years beginning on the day on which the corporation is dissolved.

  • — SOR/2022-40, s. 45

    • 45 Section 41 of the Regulations is replaced by the following:

        • 41 (1) For the purpose of subsection 283(3) of the Act, the prescribed documents and classes of documents are

          • (a) a notice of registered office referred to in subsection 20(2) or (3) of the Act;

          • (b) a notice of directors referred to in subsection 128(1) of the Act;

          • (c) a notice of change referred to in subsection 134(1) of the Act;

          • (d) the documents referred to in section 153 of the Act; and

          • (e) letters patent and supplementary letters patent.

        • (2) For the purpose of subsection 283(3) of the Act, the prescribed periods are

          • (a) in respect of an application for an exemption referred to in section 88 of these Regulations, six years beginning on the day on which the application is received by the Director;

          • (b) in respect of a copy of the documents sent under subsection 176(1) of the Act, three years beginning on the day on which the copy is received by the Director;

          • (c) in respect of a document evidencing the satisfaction of the Director for the purpose of subsection 213(1) of the Act, two years beginning on the day on which the document is issued by the Director; and

          • (d) in respect of an annual return referred to in section 278 of the Act, two years beginning on the day on which it is received by the Director.

  • — SOR/2022-40, s. 46

      • 46 (1) The definition corporate name in subsection 42(1) of the English version of the Regulations is repealed.

      • (2) Subsection 42(1) of the Regulations is amended by adding the following in alphabetical order:

        deceptively misdescriptive

        deceptively misdescriptive means, in respect of a corporate name, that the name is likely to mislead the public, in any language, with respect to any of the following:

        • (a) the activities, goods or services in association with which it is proposed to be used;

        • (b) the conditions under which the goods or services will be produced or supplied or the persons to be employed in the production or supply of the goods or services; and

        • (c) the place of origin of the goods or services. (fausse et trompeuse)

  • — SOR/2022-40, s. 47

    • 47 Section 50 of the Regulations is replaced by the following:

      • 50 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it is confusing with a name that is reserved under subsection 12(1) of the Act, unless the person for whom the name was reserved consents in writing to the use of the name.

  • — SOR/2022-40, s. 48

    • 48 Paragraph 51(a) of the Regulations is replaced by the following:

      • (a) “cooperative”, “coopérative” or “co-op” when it connotes a cooperative venture;

  • — SOR/2022-40, s. 49

    • 49 Paragraph 52(d) of the Regulations is replaced by the following:

      • (d) carries on the business of a bank, loan company, insurance company, trust company or another financial intermediary that is regulated by the laws of Canada, unless the Superintendent of Financial Institutions confirms in writing that the words that are used in the name and that are regulated by section 983 of the Bank Act, section 47 of the Insurance Companies Act or section 47 of the Trust and Loan Companies Act are authorized to be used under the applicable Act; or

  • — SOR/2022-40, s. 50

    • 50 Section 54 of the Regulations is replaced by the following:

        • 54 (1) For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if an element of the name is the family name – whether or not it is preceded by the given name or initials – of an individual who is living or has died within 30 years before the day on which the Director receives the document referred to in section 9 or 201 or subsection 208(4), 211(5), 215(5), 216(6) or 219(3) of the Act or a request to reserve the name under subsection 12(1) of the Act.

        • (2) Despite subsection (1), the corporate name is not prohibited if

          • (a) the individual or their heir or personal representative consents in writing to the use of the individual’s name and the individual has or had a personal or other connection to the corporation; or

          • (b) the person proposing to use the corporate name establishes that it has been used in Canada or elsewhere by them or their predecessors so as to have become distinctive in Canada.

  • — SOR/2022-40, s. 51

      • 51 (1) Paragraph 56(1)(b) of the Regulations is replaced by the following:

        • (b) is primarily or only the name — or the first name or family name used alone — of an individual; or

      • (2) Subsection 56(2) of the Regulations is replaced by the following:

        • (2) Despite subsection (1), the corporate name is not prohibited if a person proposing to use the corporate name establishes that it has been used in Canada or elsewhere by them or by their predecessors so as to have become distinctive in Canada.

  • — SOR/2022-40, s. 52

    • 52 The heading before section 57 of the French version of the Regulations is replaced by the following:

      Dénominations fausses et trompeuses

  • — SOR/2022-40, s. 53

    • 53 Section 57 of the Regulations is replaced by the following:

      • 57 For the purpose of subsection 13(1) of the Act, a corporate name is prohibited if it is deceptively misdescriptive.

  • — SOR/2022-40, s. 54

    • 54 Subsection 89(3) of the French version of the Regulations is replaced by the following:

      • (3) Malgré l’alinéa (2)c), le directeur proroge le délai de présentation de la demande de dispense si le demandeur établit que la prorogation ne causera aucun préjudice.

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