- Statute
- Canada Business Corporations Act
- Name search
- NUANS report required for a named company
- Turnaround
- Often same day to one business day
- Directors
- Canadian residency requirement applies to a proportion
Incorporate federally in Canada
Incorporation under the Canada Business Corporations Act, giving name protection across the country and a corporation that can operate in any province once registered there.
- Country
- Canada
- Usual entity
- Corporation
Why founders choose Federal, and when they should not.
Federal incorporation creates a corporation that exists throughout Canada, with its name protected nationally rather than in one province. For a business that trades across provincial lines, or one whose brand is worth defending beyond its home province, that protection is the main reason to choose it.
It does not remove provincial registration. A federally incorporated company still registers extra provincially in each province where it carries on business, including its own. Federal incorporation is therefore an addition to provincial registration rather than a replacement for it, which is the single most misunderstood point on the subject.
The other constraint is the board. The CBCA imposes a Canadian residency requirement on a proportion of directors, which is why founders without Canadian residents on the board often incorporate provincially in British Columbia instead.
Who Federal fits.
Federal usually suits
- Businesses trading in more than one province
- Companies whose brand needs protection beyond a single province
- Corporations that expect to move or expand across Canada
- Businesses that want the standing that federal incorporation carries with some counterparties
On fees. Government filing fees are set by the jurisdiction and change without notice, sometimes mid year. We quote the current fee for your specific filing at intake, confirmed against the authority on the day, rather than publishing a figure here that may be stale by the time you read it. Our own service fee is on the pricing page and does not change.
- Order matters
- Doing these out of sequence causes rework
Filing in Federal, step by step.
The sequence specific to Federal, including the parts that differ from other jurisdictions.
Name
Obtain a NUANS report and clear the proposed name, or elect a numbered corporation and skip the search entirely
Directors
Confirm the board satisfies the CBCA Canadian residency requirement
If it cannot, provincial incorporation in British Columbia is usually the alternative.
Articles
File the articles of incorporation with Corporations Canada
This is frequently completed the same day.
Organisation
Prepare the minute book: bylaws, directors' and shareholders' resolutions, share issuance and the share register
Registrations
Obtain the CRA business number, register for GST/HST where the threshold applies, open a payroll account if anyone will be paid, and register extra provincially in each province where you carry on business
- Missing one
- How we track these
What a Federal entity owes each year.
| Obligation | Who wants it | When and how much |
|---|---|---|
| Corporate annual return | Corporations Canada | Annually. This is a corporate filing and is not the T2 tax return |
| T2 corporate return | Canada Revenue Agency | Annually, due six months after year end, whether or not the corporation traded |
| Extra provincial registration | Each province | Renewed on each province's own cycle |
| GST/HST returns | CRA, once registered | Monthly, quarterly or annually depending on revenue |
- Honest comparison
- Including where another jurisdiction wins
Federal against provincial
The federal advantage is name protection across Canada. If your brand matters, or you expect to trade in several provinces, that protection is the reason to pay for the federal layer.
The federal disadvantage is that it is a layer rather than a replacement. You still register extra provincially wherever you carry on business, including in your home province, so federal incorporation adds filings rather than consolidating them.
The deciding constraint is often the board. The CBCA requires a proportion of directors to be Canadian residents. A founder outside Canada with no Canadian director available will usually end up incorporating in British Columbia, which imposes no such requirement, and that is a structural answer rather than a preference.
What people get wrong about federal incorporation
Extra provincial registration is still required wherever you carry on business. Federal incorporation adds a layer, it does not remove one.
Corporations Canada requires a corporate annual return. The CRA requires a T2. They are different filings to different bodies with different deadlines, and confusing them is a common route to losing good standing.
If your board has no Canadian residents, the CBCA requirement may make provincial incorporation the practical choice.
Federal questions
Federal if you trade across provinces or need the name protected nationally. Provincial if your business sits in one province. Both still require provincial registration where you operate.
A search of existing corporate names and trademarks across Canada, required for a named federal corporation. A numbered company avoids it.
Frequently same day or next business day once the name is cleared.
Forming in Federal?
We will confirm the entity, the current government fee and the realistic timeline before anything is filed.