{"id":5123,"date":"2015-11-12T00:00:00","date_gmt":"2023-08-12T08:04:04","guid":{"rendered":"https:\/\/www.millerthomson.com\/issues-with-naming-societies-and-not-for\/"},"modified":"2024-09-16T11:04:24","modified_gmt":"2024-09-16T15:04:24","slug":"issues-with-naming-societies-and-not-for","status":"publish","type":"post","link":"https:\/\/www.millerthomson.com\/en\/insights\/social-impact\/issues-with-naming-societies-and-not-for\/","title":{"rendered":"Issues with Naming Societies and Not-For-Profits in Canada"},"content":{"rendered":"

One of the first things a not-for-profit is faced with on incorporation is what name it will have. Names are important because they play a role in developing an organization\u2019s reputation. A name can also cause issues for an organization, such as where the name is too similar to another organization\u2019s name.<\/p>\n

Before becoming invested in a particular name, an organization should be aware of the naming requirements in the particular jurisdiction in which it will incorporate. This article sets out the naming requirements for BC societies and federal not-for-profits.<\/p>\n

Naming Requirements for BC Societies<\/strong><\/p>\n

The naming requirements for BC societies are in the BC Business Corporations Act<\/em> and its regulations. According to these, names must not resemble another company\u2019s name, a name reservation or a registered extra-provincial company\u2019s name such that it would likely confuse or mislead the public. If the name an organization wants to use is too similar to one that is currently reserved or registered, it will have to obtain the consent of the holder of the other name.<\/p>\n

BC societies\u2019 names generally have three elements: a distinctive element, a descriptive element, and a designation. A distinctive element differentiates the name from that of another organization (e.g. Star). A descriptive element describes the nature of the society (e.g. Soccer). The general policy of the BC Registry is to require the designations Association, Foundation, Society or Club. If the name contains \u201c Church\u201d or \u201cMinistry\u201d, these designations are not required. A uniquely coined word used with a designation is usually sufficiently distinctive that a descriptive element is not required (e.g. Starla Society).<\/p>\n

The name cannot connote any connection with the government, Crown or Royal Family, unless the appropriate authority has consented. A society will have to obtain the BC Office of Protocol\u2019s consent to use \u201cBritish Columbia\u201d or \u201cBC\u201d, unless they are immediately before the designation.<\/p>\n

Names must not include words that are restricted by other statutes or imply a connection with a university or a professional association. Words restricted by statute include: \u201cBoard of Trade\u201d, \u201cChamber of Commerce\u201d, \u201cbank\u201d, \u201cR.C.M.P.\u201d, \u201cFarmers Institute\u201d, \u201cprovince\u201d, \u201ctrust\u201d and \u201cco-op\u201d.<\/p>\n

Bill 24, the new Societies Act<\/em>, received royal assent on May 14, 2015 and will replace the Society Act<\/em>. The new Societies Act<\/em> will set out its own naming requirements. The draft regulations are not yet out, so it is too soon to see if the requirements will change.<\/p>\n

Naming Requirements for Federal Corporations<\/strong><\/p>\n

Federal not-for-profit corporations have different requirements that they have to comply with under the Canada Not-for-Profit Corporations Act<\/em> (\u201cCNCA\u201d). The prohibitions in the CNCA\u2019s regulations include names that:<\/p>\n