Canada Corporations Act Part II - Application for Supplementary Letters Patent - Change of Name

Policy Statement 13.3
May 1, 2007

• PDF Version – Policy Statement 13.3 (PDF Format, 359 KB — 7 pages)

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Table of contents

• Why use this policy?
• What does Corporations Canada do?
• What happens when an application for Supplementary Letters Patent is deficient or incomplete?
• What documents must be filed in order to obtain Supplementary Letters Patent?
• NUANS® Report
• Bilingual Name
• Additional Information and how to reach Corporations Canada
• Annex 1 – Sample Letter to Corporations Canada for Supplementary Letters Patent Changing the Corporate Name (PDF Version, 71 KB — 1 page)
• Annex 2 – Application for Supplementary Letters Patent Changing the Corporate Name (PDF Version, 58 KB — 1 page)
• Annex 3 – Special Resolution (PDF Version, 57 KB — 1 page)
• Annex 4 – Statutory Declaration of Officer (PDF Version, 61 KB — 1 page)

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Why use this policy?

The purpose of this policy is to help you submit an application for Supplementary Letters Patent to change the name of a not-for-profit corporation under Part II of the Canada Corporations Act (CCA). By ensuring that you provide all the required information with your initial application, you can help Corporations Canada process your application swiftly. If the amendments include changes to other provisions in the Letters Patent, please see the "Application for Supplementary Letters Patent to Amend Provisions of Letters Patent Policy" for information specific to those types of changes.

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What does Corporations Canada do?

Corporations Canada will check that your documents comply with the CCA and other requirements, are in proper form, and that the proposed name is acceptable. If so, Corporations Canada will issue Supplementary Letters Patent showing the date of receipt of your application as the effective date. If you prefer, you may instead request a later effective date.

A notice setting out your corporation's amended name and other information will be published in Part I of the Canada Gazette. In addition, Corporations Canada will publish your corporation's amended name on our website in the section "Corporations Canada's Monthly Transactions".

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What happens when an application for Supplementary Letters Patent is deficient or incomplete?

Applications that are deficient or incomplete will be returned to the applicant with a notice stating the nature of the deficiency.

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What documents must be filed in order to obtain Supplementary Letters Patent?

An application for Supplementary Letters Patent must include a covering letter (see sample in Annex 1 (PDF Version, 71 KB — 1 page)) together with the following documents:

1. Two (2) original signed copies of an application for Supplementary Letters Patent (see sample in Annex 2 (PDF Version, 58 KB — 1 page));
2. Two (2) certified copies of the supporting special resolution of the members (see sample in Annex 3 (PDF Version, 57 KB — 1 page));
3. A statutory declaration of an authorized officer, sworn before a commissioner for takings oaths, attesting to the due passage of the resolution (by the directors and the members) (see sample in Annex 4 (PDF Version, 61 KB — 1 page));
4. A Canada-biased NUANS®¹ name search report not more than 90 days old, of the proposed name. Alternatively, Corporations Canada can obtain a name search report for you for $15 per search report. A bilingual name normally requires two (2) searches. If you requested prior approval of your name, attach a copy of the letter from Corporations Canada approving your name with the copy of the NUANS® report;
5. Payment of the $50 filing fee. No fee is payable on an application for Supplementary Letters Patent issued under section 29 of the CCA if the purpose of the change of name is to add an English or French version to the corporation's name.

NUANS® Report

You must provide a NUANS® search report that will assist Corporations Canada in determining whether the name you are proposing is available. A NUANS® report is a five-page document setting out the business names (3 pages) and trade-marks registered in Canada (2 pages) that sound or look similar to the name you are proposing. The list is drawn from a national data bank of existing and reserved trade names as well as trade-marks that have been registered and applied for in Canada.

A NUANS® report may be obtained in three ways:

1. A NUANS® report may be requested from a private company known as a search house. You can find a list of these firms on Corporations Canada's website by following the links "Choosing A Name" and "NUANS® Registered Search Houses" or in the Yellow Pages of your telephone directory under incorporating companies, incorporation name search, searchers of records or trade-mark agents – registered. There is a fee for this service.
2. A NUANS® report may be ordered online at Corporations Canada's website by following the links "Choosing a Name" and "NUANS® Real Time System (RTS)". The fee is $20 payable by credit card (American Express®, MasterCard® or Visa®). The system provides direct access to the NUANS® search service. Applicants should note that a NUANS® report that is generated may be rejected if the proposed name does not meet the requirements of the CCA.
3. The applicant may request Corporations Canada to obtain the necessary NUANS® reports for the proposed name. The fee for this service is $15 a search. Bilingual names normally require two (2) searches.

When you order a NUANS® report, that report has a life of 90 days from the date it is requested. A search house can advise you whether your proposed name is likely to be accepted by the Director. The final decision, however, always rests with the Director.

Bilingual Name

If your proposed corporation intends to carry on business in a region or regions where both English and French are spoken, you may wish to consider adopting a bilingual corporate name.

The procedure is the same as for a unilingual name, except that one NUANS® report is required for each name or variation requested. For example, two NUANS® reports must be filed in order to verify that the phonetically dissimilar English and French forms of a name are both distinctive.

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Additional Information and how to reach Corporations Canada

For additional information on Corporations Canada's products and services, please visit the Corporations Canada's website or call 1-866-333-5556.

You can also contact Corporations Canada at:

Client Services Section
Corporations Canada
Industry Canada
9th floor, Jean Edmonds Tower South
365 Laurier Avenue West
Ottawa, Ontario K1A 0C8
Toll free: 1-866-333-5556
Fax: 613-941-0601
Corporations Canada's website

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• Annex 1 – Sample Letter to Corporations Canada for Supplementary Letters Patent Changing the Corporate Name (PDF Version, 71 KB — 1 page)
• Annex 2 – Application for Supplementary Letters Patent Changing the Corporate Name (PDF Version, 58 KB — 1 page)
• Annex 3 – Special Resolution (PDF Version, 57 KB — 1 page)
• Annex 4 – Statutory Declaration of Officer (PDF Version, 61 KB — 1 page)

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1. More information on the NUANS® report is provided below. Return to 1.

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