🇨🇦 Canada · Canada (Federal / CBCA)

Federal Canadian (CBCA) corporate records guide

Federally-incorporated Canadian corporations operate under the CBCA, a model statute that most provincial Acts are aligned with. Filings go to Corporations Canada, and operating provinces typically require extra-provincial registrations alongside the federal CBCA filings.

Quick facts
Canada Business Corporations Act, R.S.C. 1985, c. C-44
RegistryCorporations Canada
Registered officeMust be in Canada (any province)
Director residency25% Canadian-resident (or 1 of 1-3 directors)
Beneficial ownershipISC register required (s. 21.1)
Annual returnWithin 60 days of anniversary, $12 online

Topic guides for Canada (Federal / CBCA)

Four jurisdiction-specific guides covering the records you must keep and the filings you must make under CBCA:

About federal Canadian incorporation

The Canada Business Corporations Act is the federal corporate statute and the model for most provincial business corporations Acts. Federal incorporation gives a corporation the right to operate in any province and to use a corporate name protected federally. It is the natural choice for businesses operating nationally or planning to.

The trade-off is administrative: a CBCA corporation operating in a province typically registers extra-provincially in that province as well, leading to a federal CBCA filing pipeline plus one extra-provincial pipeline per operating province. Ontario, BC, Alberta, and Quebec each have their own annual filings and notices of change.

Distinctive features of the CBCA

Three CBCA features worth noting:

  • Canadian-resident director requirement: at least 25% of directors must be Canadian-resident (s. 105). For corporations with fewer than four directors, at least one must be Canadian-resident. This shaped many cross-border structures.
  • ISC register (s. 21.1): introduced in 2019, identifies individuals with significant control (typically 25%+ ownership). Filed with Corporations Canada; access is restricted to law enforcement, tax authorities, and certain regulators.
  • Broad inspection rights (s. 21): shareholders and creditors have absolute inspection rights of the corporate records, no proper-purpose requirement, unlike Delaware. This is one of the practical differences between Canadian and US corporate practice.
In Octelligence
Federal CBCA records, jurisdiction-aware from day one.

Octelligence's CBCA structure includes all the records s. 20-21 requires, the ISC register under s. 21.1, and the document templates Corporations Canada expects to see in diligence, articles, bylaws, securities register, resolutions, and certificates with the right form under s. 49.

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