Do I need to register my business name in Canada?

When do I have to register a business name?

The federal government’s business guide puts it simply: if you are a sole proprietor operating under your own legal name (its example is “Jane Doe”), you generally don’t need to register a business name. In all other cases you need to register the name, either as a corporate name or as a trade name.

Two common cases that need registration:

• You add something to your own name. “Jane Doe Consulting” is no longer just your legal name.
• You market the business under another name. If your company is “Smith Bakeries Inc.” but your sign says “Bob Smith’s Bakery”, the second name has to be registered as a trade name.

The same guide warns that failing to register a name you are using can lead to significant fines and other legal consequences.

Is registering a name the same as incorporating?

No. Registering a trade name records the name you do business under. It does not create a separate legal entity or protect your personal assets.

Incorporating creates a corporation, and the corporate name is registered as part of that process. You can incorporate federally, through Corporations Canada, or in a province or territory:

• Federal incorporation gives you exclusive use of the corporate name across Canada.
• Provincial or territorial incorporation gives you exclusive use of the name in that province or territory.

Choosing between a sole proprietorship, a partnership and a corporation is a bigger decision than the name. An accountant or lawyer can help you weigh it for your situation.

I incorporated federally. Do I still register in my province?

Yes, in most cases. Corporations Canada says corporations are required to register in the provinces where they will conduct business. When you incorporate federally online, you can register in Ontario, Nova Scotia, and Newfoundland and Labrador at the same time. For Saskatchewan, you register after you incorporate. For other provinces and territories, check with that province’s registry.

Where do I register a trade name in my province?

Registering trade names is a provincial and territorial responsibility, so you register with each province or territory where you plan to do business. The federal guide links to every registry, including:

• Alberta: Register a Business Name (the guide notes it can’t be done online).
• British Columbia: Name Approval.
• Ontario: Business Name Registration, through the Ontario Business Registry.
• Quebec: Registraire des entreprises.
• Manitoba, New Brunswick, Nova Scotia, Prince Edward Island, Saskatchewan, the Northwest Territories, Nunavut and Yukon each have their own registration or name reservation service.

Newfoundland and Labrador doesn’t register trade names at all; registration there is only required for corporations and cooperatives.

Are there rules that differ by province?

Yes, and they are worth checking before you print anything. Two examples:

• Ontario: a business name registration expires every 5 years. You can renew it from 6 months before to 60 days after the expiry date. If it has been expired for more than 60 days, you have to register the name again as a new registration.
• Quebec: a sole proprietor must register with the Registraire des entreprises if the business name doesn’t include their first and last names. Quebec also requires registration for some businesses even under the owner’s own name, such as a tobacco retail outlet or a tanning salon.

Does a registered name stop others from using it?

Only partly. A registered trade name records who is using it; a corporate name is protected within its jurisdiction (or across Canada for a federal corporation). To protect a brand nationally, the federal guide suggests also registering a trademark, which gives exclusive rights across Canada. The Canadian Intellectual Property Office (CIPO) says a registration is kept up by paying a renewal fee every 10 years.

Before you commit to a name, it is also worth checking that a matching domain is free. Our domain checker shows the .ca, .com and .net in one search.