R.R.O. 1990, Reg. 17: NAMES

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Agricultural and Horticultural Organizations Act

R.R.O. 1990, REGULATION 17

NAMES

Consolidation Period:  From June 13, 2006 to the e-Laws currency date.

Last amendment: 279/06.

Legislative History: 279/06.

This is the English version of a bilingual regulation.

1. Agricultural associations shall provide the following information on applying for incorporation under the Act:

1. An original Ontario biased or weighted computer printed search report for the same name as the name proposed in the Articles of Incorporation from the updated automated name search system (NUANS) owned by the Department of Consumer and Corporate Affairs, Canada, dated not more than ninety days before the submission of the application.

2. If the proposed name is similar or identical to a name that is already in use, a consent to the use of the name from its owners.  R.R.O. 1990, Reg. 17, s. 1.

2. The following words and expressions shall not be used in the name of an agricultural association:

1. “Association” or “Ontario”, or any other word or expression that denotes that the agricultural association is a representative body, unless two-thirds of the persons represented by the agricultural association’s name will be members of it.

2. “College”, “institute” or “university”, except with a consent in writing on behalf of the Ministry of Colleges and Universities.

3. “Engineer” or “engineering” or any variation of these words, except with the consent in writing of the Association of Professional Engineers of the Province of Ontario.

4. “Housing”, unless the agricultural association is owned by, sponsored by or connected with the Government of Canada, the Government of Ontario or a municipal government in Ontario.

5. “Royal”, where used as a prefix, unless the consent of the Crown has been obtained through the Secretary of State.

6. Numerals indicating the year of incorporation.

7. Any word or expression that would lead to an inference that the agricultural association is a business corporation.  R.R.O. 1990, Reg. 17, s. 2.

3. Unless the proposed name for an agricultural association has been in continuous use for at least twenty years before the date of filing the application, or unless the proposed name has, through use, acquired a meaning that renders the name distinctive, an agricultural association’s name shall not be,

(a) too general;

(b) primarily or only a given name or surname used alone of an individual who is living or has died within thirty years preceding the date of filing an application for Articles of Incorporation containing the name;

(c) primarily or only a geographic name used alone.  R.R.O. 1990, Reg. 17, s. 3.

4. An agricultural association’s name shall not contain a word or expression, an element of which is the surname of a particular individual, who is living or who has died within the previous thirty years whether or not preceded by a given name or initials, unless the individual, his or her heir, executor, administrator, assigns or guardian consents in writing to the use of the name.  R.R.O. 1990, Reg. 17, s. 4.

5. An agricultural association’s name shall not contain any word or expression in any language that describes in a misleading manner the activities or services in association with which the name is proposed to be used.  R.R.O. 1990, Reg. 17, s. 5.

6. (1) Only letters from the Roman alphabet or Arabic numerals or a combination of them, and punctuation marks and other marks set out in subsection (2), may form part of the name of an agricultural association.  R.R.O. 1990, Reg. 17, s. 6 (1).

(2) The following punctuation marks and other marks are permitted as part of an agricultural association’s name:

! “ # % & ’ ( ) * + , - . / : ; < = >? [ ]

R.R.O. 1990, Reg. 17, s. 6 (2).

(3) An agricultural association’s name shall not consist only or primarily of a combination of marks set out in subsection (2).  R.R.O. 1990, Reg. 17, s. 6 (3).

(4) At least the first three characters of an agricultural association’s name shall be letters from the Roman alphabet or Arabic numerals, or a combination of them.  R.R.O. 1990, Reg. 17, s. 6 (4).

7. The name of an agricultural association shall,

(a) not exceed 120 characters in length, including punctuation marks and spaces;

(b) be set out in block capital letters in every application filed under the Act.  R.R.O. 1990, Reg. 17, s. 7.

8. The names of agricultural societies and horticultural societies incorporated, respectively, under Parts III and IV of the Act shall contain, respectively, the words “agricultural society” and “horticultural society”.  R.R.O. 1990, Reg. 17, s. 8.

 

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