Acts and Regulations

81-35 - Partnerships and Business Names Registration

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Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 81-35
under the
Partnerships and Business Names Registration Act
(O.C. 81-252)
Filed April 2, 1981
Under section 20 of the Partnerships and Business Names Registration Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Partnerships and Business Names Registration Regulation - Partnerships and Business Names Registration Act.
Firm and Business Names
2No firm or business shall register any certificate under the Act stating as its firm or business name a name
(a) which includes the word or words
(i) “New Brunswick”, “N.B.”, “Nouveau-Brunswick” or “N.-B.” as the first words of the firm or business name unless the use of the words “New Brunswick”, “N.B.”, “Nouveau-Brunswick” or “N.-B.” is approved by the Minister of Service New Brunswick;
(ii) “municipal”, “limited”, “corporation”, “incorporation” or the abbreviations “Ltd.”, “Inc.” or “Corp.”;
(iii) “consultant” in the name of a firm, person or corporation whose business is insurance agency work;
(iv) “engineer”, “professional engineer” or “engineering” if the name implies
(A) that such firm or business is practising engineering and that such firm or business is a member or licensee of the Association of Professional Engineers of the Province of New Brunswick referred to in the Engineering Profession Act, or
(B) that a member of such firm or a person who carries on such business is a member or a licensee of the Association of Professional Engineers of the Province of New Brunswick referred to in the Engineering Profession Act,
and such firm, business, member or person is not a member or a licensee of the Association, unless the Association consents thereto;
(v) “cooperative”, “co-operative”, “coop” or “co-op” without receiving an exemption from the Director of Cooperatives under subsection 17(2) of the Cooperatives Act; or
(vi) “credit union” without the consent of the Superintendent appointed under the Credit Unions Act;
(b) which indicates that the firm or person is connected with or established or supported by the government of Canada, the government of a province, the government of a country other than Canada, or the governing authority of any city, town, municipality or rural community or has authority from or exercises any function of government;
(b.1) that is identical with
(i) a firm name or business name registered under the Partnerships and Business Names Registration Act (Nova Scotia) by a firm or person exempted under section 2.1,
(ii) the name of an extra-provincial corporation exempted under section 11.1 of the General Regulation - Business Corporations Act, or
(iii) the name of an extra-provincial limited partnership exempted under section 3.1 of the General Regulation - Limited Partnership Act,
or that so nearly resembles such a name that it is likely to deceive, unless the existing firm, person, extra-provincial corporation or extra-provincial limited partnership consents;
(c) which is the known name within the Province of a recognized club, association, group, program or person, whether incorporated or registered within the Province or not incorporated or not registered, without the consent of such club, association, group, program or person;
(c.1) which includes a word or expression that is scandalous, obscene or immoral or that is otherwise objectionable on public grounds; or
(d) which is not distinctive because it is too general.
84-197; 88-170; 94-9; 2001-18; 2002, c.29, s.13; 2005-54; 2016, c.37, s.134; 2019, c.24, s.192; 2019, c.25, s.315; 2023, c.2, s.195
2.1(1)This section applies to the following firms and persons:
(a) a firm existing under the laws of the Province of Nova Scotia;
(b) a limited partnership organized under the laws of the Province of Nova Scotia;
(c) an individual ordinarily resident in the Province of Nova Scotia; and
(d) a corporation or body corporate incorporated under the laws of the Province of Nova Scotia.
2.1(2)A firm or person referred to in subsection (1) is exempted from the Act in relation to a firm name or business name under which that firm or person carries on business if and for so long as the firm name or business name is registered under the Partnerships and Business Names Registration Act (Nova Scotia).
94-9
Forms
3A certificate of partnership and a certificate of renewal of partnership shall be in Form 1.
4A certificate of change of membership of a partnership shall be in Form 2.
5A certificate of change of firm name shall be in Form 3.
6A certificate of dissolution of partnership shall be in Form 4.
2022, c.2, s.2
7A certificate of business name and a certificate of renewal of business name shall be in Form 5.
8A certificate of cessation of business or of use of business name shall be in Form 6.
9A certificate of appointment of agent for service or change of agent for service shall be in Form 7.
9.1A certificate of designation shall be in Form 7.1.
2003-89
9.2A certificate of cancellation of designation shall be in Form 7.2.
2003-89
10The registrar shall provide the certificates referred to in sections 3, 4, 5, 6, 7, 8, 9, 9.1 and 9.2.
2003-89
Late Registration
11Repealed: 2003-61
2003-61
12(1)The following fees are prescribed for the purposes of the Act and this Regulation:
(a)registration of certificate of partnership
$100.00
 
(b)Repealed: 91-147
 
(c)registration of certificate of change of name of firm
$50.00
 
(d)registration of certificate of renewal of partnership
$50.00
 
(e)registration of certificate of business name
$100.00
 
(f)registration of certificate of renewal of business name
$50.00
 
(f.1)filing of certificate of designation
$100.00
 
(f.2)filing of certificate of cancellation of designation
$100.00
 
(g)Repealed: 2003-61
 
(g.1)photocopy of register under s.12(1) of the Act
$10.00
 
(g.2)certified copy of a document under s.12(2) of the Act
$20.00
 
(h)Repealed: 91-147
12(2)Where a reservation of a name is requested under section 12.4 of the Act, a fee of forty dollars shall be paid for the search of the name to consider its suitability in addition to the fee prescribed in paragraph (1)(a), (c) or (e) but, where more than one search is made with respect to the same reservation, the maximum additional fee is sixty dollars.
12(3)Where no name has been requested to be reserved under section 12.4 of the Act and for the purpose of considering the suitability of a name upon a registration referred to in paragraph (1)(a), (c) or (e), a fee of forty dollars shall be paid for the search of the name in addition to the fee prescribed in paragraph (1)(a), (c) or (e) but, where more than one search is made with respect to the same registration, the maximum additional fee is sixty dollars.
83-95; 85-207; 91-147; 2001-18; 2003-61; 2003-89
13Any firm
(a) which has registered a certificate of partnership at the time of the coming into force of paragraph 3(1)(c) of the Act, and
(b) which registers a certificate of renewal of partnership within three years of the coming into force of paragraph 3(1)(c) of the Act
shall not be required to pay the fees prescribed in section 12.
14Any person
(a) who has registered a certificate of business name at the time of the coming into force of paragraph 9(7)(b) of the Act, and
(b) who registers a certificate of renewal of business name within three years of the coming into force of paragraph 9(7)(b) of the Act
shall not be required to pay the fee prescribed in section 12.
15Regulation 74-187 under the Partnerships Registration Act is repealed.
16This Regulation comes into force on May 1, 1981.
FORM 8
Repealed: 2003-61
82-65; 2003-61
FORM 9
Repealed: 2003-61
2003-61
N.B. This Regulation is consolidated to June 16, 2023.