Canada · New Brunswick

How to issue shares in New Brunswick corporations

The Business Corporations Act (New Brunswick) follows the federal CBCA template with provincial variations. New Brunswick is Canada's officially bilingual province; corporations may operate in English, French, or both. The Financial and Consumer Services Commission of New Brunswick (FCNB) administers provincial securities law.

Governing statute
Business Corporations Act (New Brunswick), S.N.B. 1981, c. B-9.1
NBBCA s. 26Issuance of shares
NBBCA s. 27Consideration for shares
NBBCA s. 47Stock certificates
NBBCA s. 48Securities register
NBBCA s. 21.1Individuals with Significant Control register
NB Securities ActProvincial securities-law administration via FCNB
At a glance
  • Authorized by the directors under NBBCA s. 26
  • Future services and promissory notes not permitted (CBCA-pattern restrictions)
  • Bilingual operations permitted: English, French, or both
  • Securities register under s. 48; ISC register under s. 21.1
  • FCNB administers provincial securities law

Board authorization under NBBCA s. 26

Stock issuance is authorized by the directors under the New Brunswick Business Corporations Act s. 26. Consideration is determined under s. 27 and follows the Canadian pattern: money, property, or past services.

Consideration restrictions

NBBCA mirrors CBCA restrictions: no future services, no promissory notes.

Bilingual operational framework

New Brunswick is Canada's only officially bilingual province (English and French). NB-incorporated corporations may operate in either or both languages, and corporate records, certificates, and filings may be in English, French, or bilingual. This is distinct from Quebec (where French is required) and other provinces (where English is the default).

Securities register and ISC register

NBBCA s. 48 requires the securities register; s. 21.1 (effective May 2022 in NB) requires the ISC register modelled on the CBCA.

FCNB administration

The Financial and Consumer Services Commission of New Brunswick (FCNB) administers provincial securities law. New Brunswick participates in the NI 45-106 passport regime. Form 45-106F1 is filed with FCNB within 10 days of distribution closing.

Common mistakes

Common New Brunswick-specific failure points in share issuance:

  • Issuing shares for future services or promissory notes (prohibited)
  • Not maintaining the s. 48 securities register or s. 21.1 ISC register
  • Not addressing the bilingual operational framework when relevant (e.g., French-only certificates if French operations only)
  • Failing to file Form 45-106F1 with FCNB within 10 days
In Octelligence
A share register that's right for New Brunswick.

Octelligence handles NBBCA specifics in the share register, certificates, board resolutions, and beneficial-ownership filings: jurisdiction-aware templates, statute citations on each record, and the right reconciliation cadence for the corporation.

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FAQ

Common questions in New Brunswick

Yes. New Brunswick is Canada's officially bilingual province. NB-incorporated corporations may maintain corporate records, issue certificates, and conduct business in English, French, or both. This is more flexible than Quebec (French-required under Charter of the French Language) and most other provinces (English default).

Substantively similar with NB-specific variations: bilingual operational framework, NB-specific securities-law administration via FCNB, provincial filing through Service New Brunswick (rather than Corporations Canada). For most operational matters, results are nearly identical.

For NB-headquartered corporations, alignment with provincial operations. NB is rarely chosen by non-NB corporations. The bilingual operational framework is distinctive and makes NB a logical choice for Acadian-region corporations.
Records that comply with NBBCA
Issue shares the right way in New Brunswick.

Octelligence handles NBBCA-specific share issuance: register, certificates, resolutions, and beneficial-ownership records aligned with statute.