Acts and Regulations

B-9.1 - Business Corporations Act

Section 10
Disposition versions

Full text
Prohibited and assigned names
2023, c.2, s.156
10(1)A corporation shall not be incorporated with, continued with or have a name
(a) that is the name or deceptively similar to the name of another corporation, a body corporate registered under Part XVII, a company under the Companies Act, a limited partnership formed or continued under the Limited Partnership Act, an extra-provincial partnership that has filed a declaration under the Limited Partnership Act or a firm or person that has registered under the Partnerships and Business Names Registration Act unless such corporation, body corporate, partnership, firm or person consents and, in the case of a corporation, company under the Companies Act, partnership, other than an extra-provincial partnership, firm or person, except in such circumstances as may be prescribed, undertakes to change its name within six months of giving its consent;
(a.1) that is the name of a body corporate incorporated by or under an Act of the Parliament of Canada;
(b) that is prohibited by regulation or is deceptively misdescriptive;
(c) that is reserved for another corporation or intended corporation under section 9;
(d) that is reserved for an extra-provincial corporation or an intended extra-provincial corporation under section 198; or
(e) that is reserved for a body corporate, firm or person under any other Act of the Legislature.
10(2)If, through inadvertence or otherwise, a corporation
(a) comes into existence or is continued with a name, or
(b) upon an application to change its name, is granted a name,
that contravenes this section, the Director may
(c) with the consent of the corporation, change the name of the corporation, or
(d) after giving the corporation an opportunity to be heard, direct the corporation to change its name in accordance with section 113.
10(3)When a corporation has been directed under subsection (2) to change its name and has not within sixty days from the service of the directive to that effect changed its name to a name that complies with this Act, the Director may revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
10(4)When a corporation gives an undertaking to change its name and does not carry out the undertaking or dissolve within the time specified, the Director may, after giving the corporation an opportunity to be heard, revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
10(5)When a person who is not a corporation gives an undertaking to change the name under which that person carries on business and does not carry out the undertaking or cease to carry on business under that name within the time specified, the Director may, after giving the corporation that acquired the name by virtue of the undertaking an opportunity to be heard, revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
1983, c.15, s.3; 1984, c.17, s.2; 1984, c.L-9.1, s.48; 1986, c.62, s.22; 1989, c.6, s.2; 2000, c.9, s.3; 2023, c.2, s.8; 2023, c.2, s.155; 2023, c.2, s.156
Prohibited and assigned names
10(1)A corporation shall not be incorporated with, continued with or have a name
(a) that is the name or deceptively similar to the name of another corporation, a body corporate registered under Part XVII, a company under the Companies Act, a limited partnership formed or continued under the Limited Partnership Act, an extra-provincial partnership that has filed a declaration under the Limited Partnership Act or a firm or person that has registered under the Partnerships and Business Names Registration Act unless such corporation, body corporate, partnership, firm or person consents and, in the case of a corporation, company under the Companies Act, partnership, other than an extra-provincial partnership, firm or person, except in such circumstances as may be prescribed, undertakes to change its name within six months of giving its consent;
(b) that is prohibited by regulation or is deceptively misdescriptive;
(c) that is reserved for another corporation or intended corporation under section 9;
(d) that is reserved for an extra-provincial corporation or an intended extra-provincial corporation under section 198; or
(e) that is reserved for a body corporate, firm or person under any other Act of the Legislature.
10(2)If, through inadvertence or otherwise, a corporation
(a) comes into existence or is continued with a name, or
(b) upon an application to change its name, is granted a name,
that contravenes this section, the Director may
(c) with the consent of the corporation, change the name of the corporation, or
(d) after giving the corporation an opportunity to be heard, direct the corporation to change its name in accordance with section 113.
10(3)When a corporation has been directed under subsection (2) to change its name and has not within sixty days from the service of the directive to that effect changed its name to a name that complies with this Act, the Director may revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
10(4)When a corporation gives an undertaking to change its name and does not carry out the undertaking or dissolve within the time specified, the Director may, after giving the corporation an opportunity to be heard, revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
10(5)When a person who is not a corporation gives an undertaking to change the name under which that person carries on business and does not carry out the undertaking or cease to carry on business under that name within the time specified, the Director may, after giving the corporation that acquired the name by virtue of the undertaking an opportunity to be heard, revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
1983, c.15, s.3; 1984, c.17, s.2; 1984, c.L-9.1, s.48; 1986, c.62, s.22; 1989, c.6, s.2; 2000, c.9, s.3
Prohibited and assigned names
10(1)A corporation shall not be incorporated with, continued with or have a name
(a) that is the name or deceptively similar to the name of another corporation, a body corporate registered under Part XVII, a company under the Companies Act, a limited partnership formed or continued under the Limited Partnership Act, an extra-provincial partnership that has filed a declaration under the Limited Partnership Act or a firm or person that has registered under the Partnerships and Business Names Registration Act unless such corporation, body corporate, partnership, firm or person consents and, in the case of a corporation, company under the Companies Act, partnership, other than an extra-provincial partnership, firm or person, except in such circumstances as may be prescribed, undertakes to change its name within six months of giving its consent;
(b) that is prohibited by regulation or is deceptively misdescriptive;
(c) that is reserved for another corporation or intended corporation under section 9;
(d) that is reserved for an extra-provincial corporation or an intended extra-provincial corporation under section 198; or
(e) that is reserved for a body corporate, firm or person under any other Act of the Legislature.
10(2)If, through inadvertence or otherwise, a corporation
(a) comes into existence or is continued with a name, or
(b) upon an application to change its name, is granted a name,
that contravenes this section, the Director may
(c) with the consent of the corporation, change the name of the corporation, or
(d) after giving the corporation an opportunity to be heard, direct the corporation to change its name in accordance with section 113.
10(3)When a corporation has been directed under subsection (2) to change its name and has not within sixty days from the service of the directive to that effect changed its name to a name that complies with this Act, the Director may revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
10(4)When a corporation gives an undertaking to change its name and does not carry out the undertaking or dissolve within the time specified, the Director may, after giving the corporation an opportunity to be heard, revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
10(5)When a person who is not a corporation gives an undertaking to change the name under which that person carries on business and does not carry out the undertaking or cease to carry on business under that name within the time specified, the Director may, after giving the corporation that acquired the name by virtue of the undertaking an opportunity to be heard, revoke the name of the corporation and assign to it a name and, until changed in accordance with section 113, the name of the corporation is thereafter the name so assigned.
1983, c.15, s.3; 1984, c.17, s.2; 1984, c.L-9.1, s.48; 1986, c.62, s.22; 1989, c.6, s.2; 2000, c.9, s.3