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
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