Canada: two levels of government, two sets of name rules
A Canadian business can incorporate federally with Corporations Canada or provincially in the province where it operates. The name rules are similar in spirit but differ in procedure. The biggest difference catches people relying on older guides: federal incorporation now has the name search built into the online filing, while Ontario still requires a NUANS report bought from a private search house.
Corporations Canada now builds the name search into the application in its Online Filing Centre. For a federal business incorporation you propose the name in the application, and no separate NUANS report is needed beforehand. Federal NUANS reports are still required for some other filings, such as certain not-for-profit and cooperative transactions. Corporations Canada says name search reports bought before 20 September 2023 are not accepted.
The three parts of a corporate name
Federal guidance describes a corporate name in three parts. Provincial registries generally use the same model.
| Element | Purpose | Example |
|---|---|---|
| Distinctive | Sets the business apart from others. Invented words and unusual combinations work best | Northwind |
| Descriptive | Says what the business does. Not compulsory, but it can help show the name is not confusing | Marine Services |
| Legal element | States that it is a corporation | Inc. |
For a federal business corporation, the legal element must be one of: Limited, Ltd., Incorporated, Inc., Corporation, Corp., or the French forms Limitée, Ltée, Incorporée or S.A.R.F. (société par actions de régime fédéral).
What makes a name unacceptable
- Not distinctive. A name made only of descriptive words, a geographic name used alone, or, generally, a person's name on its own. “Toronto Plumbing Inc.” is likely to be refused for lack of a distinctive element.
- Confusing. A name that could lead someone to think it is the same business as an existing corporation, registered business name or trademark. The federal test looks at the goods or services, the nature of the trade, the clientele and the geographic area. You can submit an explanation of why the names are not confusing.
- Misdescriptive. A name that misleads about the business, its goods or services, or their origin.
- Implying sponsorship. Without written consent, a name cannot suggest government sponsorship, royal patronage, a connection with a university or professional body, or that the business is a financial institution or stock exchange.
- Specific prohibitions. The federal list includes terms such as “RCMP” and “Parliament Hill”, “United Nations” where it suggests a connection, cooperative terms for non-cooperatives, and obscene words.
Note that trademarks are part of the federal confusion test. Unlike US state registers, Canadian name examination considers trademarks as well as other corporate names. That is useful, but it does not replace your own trademark clearance, because examiners compare names, not markets.
Federal: how the name is approved now
- Choose a numbered name or propose a word name. A numbered corporation is assigned a name by Corporations Canada and needs no search. You can trade under a separate business name, registered provincially.
- Propose the name in the Online Filing Centre as part of the incorporation. The search is built in. Adding a short explanation of your business, clientele and how you chose the distinctive element can speed up review.
- Optional pre-approval. You can apply to pre-approve a name before incorporating, valid for 90 days. Corporations Canada notes that choosing the name during incorporation is usually more efficient.
- The name becomes legal only when the certificate of incorporation is issued.
A federal corporation has the right to use its name across Canada. To actually carry on business in a province, it still has to register there as an extra-provincial corporation.
Ontario: the NUANS report is still required
Ontario's guidance says that to incorporate a business corporation with a word name, you need an Ontario-biased NUANS name search report from a private search house, filed with the articles of incorporation. A federally biased NUANS report is not accepted, and neither the Ontario Business Registry nor the ministry runs the search itself. Ontario also states that identical corporation names cannot be incorporated. A numbered company avoids the search entirely. NUANS reports are generally treated as valid for 90 days from the date they are generated, so order the report when you are ready to file.
Other provinces have their own procedures. Some use NUANS and others run their own name-request systems, so check the registry of the province concerned.
Questions
Does a NUANS report reserve the name?
In jurisdictions that use it, the report fixes the comparison for its validity period, and some registries treat that as a name reservation. Corporations Canada is explicit that getting a NUANS report does not mean the name is pre-approved or approved. The registry decides when it reviews the filing.
Is a numbered company a sensible way to avoid all this?
For speed, yes. Many Canadian businesses incorporate as a numbered company and trade under a registered business name. The business name still has to be registered provincially, and a numbered company has no trademark value. The brand question has only been postponed.
Does approval mean I can use the name as a brand?
No. Approval is an administrative decision about the corporate register. Trademark rights in Canada come from use and from registration with the Canadian Intellectual Property Office, and an approved corporate name can still infringe a trademark.
Related
- All company-name jurisdictionsHow the other registries compare
- Searching the registersIncluding the Canadian trademark database
Published 2026-10-18 and checked against Corporations Canada's naming guidance and Ontario's published incorporation guidance. Procedures and fees change. Confirm with Corporations Canada or the relevant provincial registry before filing. Not legal advice.