REGISTERING A BUSINESS NAME

A sole proprietor can trade under their own name or under a business name. Using a name other than the owner's exact legal name usually has to be registered with the province or territory where the business operates. Registration lets customers, banks and governments identify who is behind the business, but it does not give the owner exclusive rights to the name. This page explains when registration is required, how to choose and check a name, how registration works using Ontario as the example, how other provinces differ, and how to protect a name beyond basic registration. The list of other start-up registrations is on the Compliance page.

WHEN REGISTRATION IS REQUIRED

• Own legal name only: a proprietor trading under their exact first and last name, such as "Manika Juneja", generally does not need to register in most provinces.

• Anything added: adding words to the owner's name, such as "Manika Juneja Consulting", or using a different name, such as "Northbridge Bookkeeping", generally requires registration.

• Each province where the business operates: registration is provincial, so a business operating under a name in more than one province may need to register in each.

• Before trading: register before using the name on signs, invoices, websites or contracts, and before opening a business bank account in that name.

CHOOSING AND CHECKING A NAME

• No corporate words: a sole proprietorship cannot use "Incorporated", "Inc.", "Limited", "Ltd.", "Corporation" or "Corp.", which are reserved for corporations.

• Search first: check the provincial business registry, the federal trademarks database, domain name availability and social media handles before settling on a name.

• Avoid confusion: a name that is similar to an existing business or trademark can lead to a demand to stop using it, even if the provincial registry accepted the registration.

• Restricted terms: words suggesting a regulated profession or government connection, such as "engineering", "accounting" or "Royal", may need approval or be refused.

REGISTERING IN ONTARIO

• Where: through the Ontario Business Registry online, under the Business Names Act.

• What is issued: a Master Business Licence, which shows the registered name and the business identification number and is often requested by banks and suppliers.

• Fee and term: a registration fee applies, and the registration is valid for five years. It must be renewed before it expires to stay in effect.

• Changes: changes to the owner's address, the business activity or other registered details must be filed promptly, and the registration should be cancelled when the business stops using the name.

• Not registering: a business that fails to register cannot start a lawsuit in the unregistered name until it registers, and can be fined.

HOW OTHER PROVINCES DIFFER

• British Columbia: the name must usually be approved through a name request before the proprietorship is registered with BC Registries.

• Alberta: a trade name is registered through a licensed registry agent.

• Quebec: a sole proprietor using any name that does not include their own first and last name must register with the Registraire des entreprises, and names must comply with the Charter of the French Language.

• Other provinces and territories: each has its own registry and renewal period. The Federal and Provincial Requirements pages give the details for each.

USING THE NAME

• Contracts: because the proprietorship is not a separate person, contracts are signed by the owner, for example "Manika Juneja, operating as Northbridge Bookkeeping".

• Banking: banks normally ask for the provincial registration before opening an account or accepting cheques in the business name.

• CRA: the business name registered with the province should match the operating name given to the CRA for the business number and GST/HST account.

• Invoices and signage: use the registered name consistently on invoices, receipts, the website and signage.

PROTECTING THE NAME

• Registration gives no ownership: provincial registration records who is using a name; it does not stop others from using the same or a similar name.

• Federal trademark: registering the name as a trademark with the Canadian Intellectual Property Office gives exclusive rights across Canada for the goods and services listed. The process can take more than a year.

• Unregistered rights: a business that has used a name for some time may have common law rights in the area where it is known, but these are harder to enforce than a registered trademark.

• Domain names: registering the matching .ca and .com domains early prevents others from taking them.

KEY POINTS

• Register any name beyond your own: in each province where you operate, before trading.

• No "Inc." or "Ltd.": those words are only for corporations.

• Renew on time: Ontario registrations last five years.

• Registration is not protection: use a federal trademark for exclusive rights.

SOURCES

• Ontario: Business Names Act; Ontario Business Registry.

• Canadian Intellectual Property Office: Trademarks guide and Canadian Trademarks Database.

• Provincial registries: BC Registries and Online Services; Alberta Corporate Registry; Registraire des entreprises du Québec.