Articles & Resources

What Is It?

Extra-provincial registration/licence is when a corporation incorporated under laws outside Ontario is required to obtain a licence from the Government of Ontario before they carry on business in Ontario.

What Does “Carrying On Business” Mean?

It includes, without limit to, having an agent, representative, warehouse, office, and/or an interest in real property (other than a security interest, such as a mortgage) in Ontario. A single transaction in Ontario may constitute “carrying on business”. Give us a call before you carry on business in Ontario, and we can assist in determining whether you require a license or not.

Who Needs An Extra-Provincial Licence?

Non-Canadian corporations DO require extra-provincial licences. Some of the steps required to secure a licence are:

– Application for Extra-Provincial Licence with the Government of Ontario;

– Appoint an agent for service;

– Submit an Ontario NUANS name search report;

– Provide “Certificates of Status/Compliance” from the corporation’s home governments/ministries.

Canadian non-Ontario corporations DO NOT require extra-provincial licences to operate and carry on business in Ontario. It must, however, file with the Ministry a Form 2 Initial Return/Notice of Change – within 60 days after the date the corporation begins to carry on business in Ontario.

What Happens If I Don’t Get One When I’m Supposed To?

Failing to register can have very serious consequences, including a fine on of up to $2,000 for individuals or up to $25,000 for corporations.

 

Please note the content on this web site is provided for general information purposes only and does not constitute legal or other professional advice of any kind.