O. Reg. 397/21: GENERAL
filed June 3, 2021 under Corporations Act, R.S.O. 1990, c. C.38
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made under the
Corporations Act
Made: May 6, 2021
Filed: June 3, 2021
Published on e-Laws: June 3, 2021
Printed in The Ontario Gazette: June 19, 2021
Amending Reg. 181 of R.R.O. 1990
(GENERAL)
1. Section 1 of Regulation 181 of the Revised Regulations of Ontario, 1990 is revoked.
2. Section 2 of the Regulation is revoked and the following substituted:
2. No name that is identified in a Nuans report referred to in clause 3 (1) (a) of Ontario Regulation 393/21 (Filings) made under the Act as proposed shall be used as a corporate name by a person other than the one who first proposed the name unless a written consent has been obtained from that person.
3. (1) Paragraph 1 of subsection 3 (1) of the Regulation is amended by striking out “in French”.
(2) Paragraphs 3 and 4 of subsection 3 (1) of the Regulation are revoked and the following substituted:
3. “College”, “collège”, “institute”, “institut”, “university” or “université”, if the word would lead to the inference that the corporation is a university, college of applied arts and technology or other post-secondary educational institution, except with the written consent of the Minister of Colleges and Universities or such other member of the Executive Council as may be assigned the administration of the Ministry of Training, Colleges and Universities Act under the Executive Council Act.
4. “Engineer”, “ingénieur”, “engineering”, “génie” or “ingénierie” or any variation of those words, if the word suggests the practice of the profession, except with the written consent of the Association of Professional Engineers of Ontario.
(3) Paragraph 6 of subsection 3 (1) of the Regulation is amended by striking out “the Secretary of State” at the end and substituting “the Government of Canada”.
4. Section 4 of the Regulation is amended by adding the following subsection:
(2) After the issuance of letters patent of amalgamation, the corporation may amend its letters patent to change its name to a name identical to the name of one of the amalgamating corporations only if another corporation has not acquired the name in accordance with the Act and the regulations made under the Act.
5. Section 8 of the Regulation is revoked and the following substituted:
8. (1) Only letters from the Roman alphabet or Arabic numerals or a combination of them, and punctuation marks and other marks permitted under subsection (2), may form part of the name of a corporation.
(2) The following punctuation marks and other marks are the only ones permitted as part of the name of a corporation:
! “ ” « » # $ % & ’ ( ) * + , – . / \ : ; < = > ? [ ] ' ˄ ≤ ≥ @¸ ´ ` ^ ¨
(3) A corporate name shall not be primarily or only a combination of marks permitted under subsection (2).
(4) The following marks permitted under subsection (2) may be used only as part of a French character, and not separately:
¸ ´ ` ^ ¨
8.1 The first character of a corporate name shall be,
(a) a letter of the Roman alphabet;
(b) an Arabic numeral; or
(c) one of the following marks permitted under subsection 8 (2):
! # @
6. Section 9 of the Regulation is revoked and the following substituted:
9. The name of a corporation shall not exceed 120 characters in length, including punctuation marks and spaces.
9.1 A name set out in the letters patent or supplementary letters patent of a corporation pursuant to section 22 of the Act shall be a direct translation of the corporate name, but changes may be made to ensure that the name is idiomatically correct.
9.2 If letters patent or supplementary letters patent set out an English form and a French form for a name of a corporation, the “/” mark shall separate the two forms of the name.
9.3 (1) After incorporation, the current corporate name set out in the letters patent, supplementary letters patent or other documents filed with the Minister under the Act or the Regulations shall be identical to,
(a) the name set out in the letters patent if the name has not been changed; or
(b) the name set out in the most recent letters patent or supplementary letters patent changing the name.
(2) For the purposes of subsection (1), a name is not identical if there is any variation in spacing or punctuation marks or other marks.
7. Section 12 of the Regulation is revoked and the following substituted:
12. The proposed objects of a corporation shall not include dog racing, but may include the breeding of racing dogs.
8. Sections 15, 16, 16.1, 19, 23, 24, 27 and 33 of the Regulation are revoked.
Commencement
9. This Regulation comes into force on the later of the day subsection 72 (5) of Schedule 7 to the Cutting Unnecessary Red Tape Act, 2017 comes into force and the day this Regulation is filed.