Relocating your medical professional corporation to a different province or territory in Canada involves several important considerations and steps. Here’s a rewritten summary of the original blog post: 

Relocating Your Medical Professional Corporation Across Provinces: Key Considerations 

 

Understanding the Complexity: 

  • Moving a medical professional corporation across Canadian provinces or territories requires careful consideration of various regulatory requirements. 
  • Consulting with legal, accounting, and tax advisors is crucial before making any decisions. 

Feasibility of Moving an Existing Corporation: 

  • It’s possible to move your medical professional corporation to another province, but this depends on meeting the specific rules of the destination province. 
  • Consider if moving is practical, as it might involve complex restructuring. 

Steps for Continuance: 

  • “Continuance” allows a corporation to reincorporate under different provincial legislation. 
  • The process varies by province, influenced by local business incorporation laws, medical profession regulations, and rules of the relevant college or professional body. 

 

Requirements to Consider: 

  • Medical College or Professional Body Requirements: 
  • Obtain a new medical practice license in the destination province. 
  • Ensure your corporation meets the new province’s licensure requirements. 
  • Submit draft articles of continuance for pre-approval. 
  • Apply for a corporation license in the new province, including filing fees. 

 

  • Legal Requirements: 
  • Comply with the legal requirements for corporation licensure in the new province. 
  • Conduct a name search to ensure compliance with business names legislation. 
  • Get shareholder approval for the continuance. 
  • Obtain consent from the relevant financial authority. 
  • File necessary applications and documents with the corporate registries of both provinces. 

Costs Involved: 

  • Costs vary based on licensing differences, filing fees, and compliance complexities between provinces. 
  • Restructuring may be necessary, affecting costs, especially if the new province has different rules regarding shareholders like holding companies or family trusts. 
  • Sometimes, forming a new corporation in the new province might be more efficient and cost-effective. 

Options for an Existing Corporation: 

  • You can maintain corporations in different provinces, provided each meets local requirements. 
  • Some provinces allow retaining your corporation even after moving, with conditions like maintaining a local license and address. 
  • Decertification of the existing corporation is an option, followed by using it for non-professional business or investment, or dissolving it under applicable legislation. 

Financial Planning Implications: 

  • Relocating your corporation can impact your financial planning, retirement, and estate plans due to varying provincial tax rates and legal differences. 
  • Adjustments in investment strategies, including RRSP and TFSA, might be necessary