Restrictions Respecting Names

There are some restrictions respecting names under the Business Names Act in Ontario, as outlined in the following:

Ontario Regulation 122/91: Restrictions Respecting Names

Consolidation Period: From June 1, 2005 to the e-Laws currency date.

Last amendment: O.Reg. 247/05.

This is the English version of a bilingual regulation.

General

1. The first character of a name shown in a registration must be a letter of the Roman alphabet or an Arabic numeral. O. Reg. 122/91, s. 1.

2. (1) For the purposes of subsection 4 (3) of the Act, the following are prescribed as the punctuation marks and other marks that may form part of a registered name:

! ” # $ % & ’ ( ) * + , – . / : ; > = < ? [ ] \ ^ ` ´ ¸ @

O. Reg. 122/91, s. 2 (1); O. Reg. 247/05, s. 1 (1).

(2) A name shown in a registration must not consist only or primarily of a combination of punctuation marks and other marks. O. Reg. 122/91, s. 2 (2).

(3) A name shall be set out in a registration with only one space between each word. O. Reg. 247/05, s. 1 (2).

3. If the name contains characters from an alphabet other than the Roman alphabet, the name shown in the registration must consist of a translation of the name into a language which contains only letters from the Roman alphabet. O. Reg. 122/91, s. 3.

Prohibited Usage

4. (1) A name shown in a registration must not include, in any language, a word or expression that is contrary to public policy, including a word or expression that is scandalous, obscene or immoral. O. Reg. 122/91, s. 4 (1).

(2) A name shown in a registration must not use a word or expression that would suggest that the registrant is engaged in an activity that is contrary to public policy. O. Reg. 122/91, s. 4 (2).

5. A name shown in a registration must not include a word, an expression or an abbreviation the use of which is prohibited under a federal Act or an Ontario Act. O. Reg. 122/91, s. 5.

6. A name shown in a registration must not use Arabic numerals or a word or expression that would suggest that the name is a corporate number name. O. Reg. 122/91, s. 6.

7. A name shown in a registration must not use a word or expression that would suggest that the registrant is a form of organization that the registrant is not. O. Reg. 122/91, s. 7.

Restrictions Respecting Names

8. (1) A name shown in a registration must not include the name of a specific individual,

(a) unless, at any time before or during the period of the registration of the name, the individual has or had a material interest in the business or activity carried on by the registrant; and

(b) unless the individual consents in writing to the use of his or her name. O. Reg. 122/91, s. 8 (1).

(2) For the purpose of clause (1) (b), if the individual is deceased and his or her death occurred within thirty years before the name is registered, the heir, executor or administrator of the individual may consent in writing to the use of the individual’s name. O. Reg. 122/91, s. 8 (2).

(3) This section does not apply if the individual is deceased and his or her death occurred thirty years or more before the name is registered. O. Reg. 122/91, s. 8 (3).

9. A name shown in a registration must not include a word, expression or abbreviation the use of which is restricted under a federal Act or an Ontario Act unless the registrant satisfies the restriction. O. Reg. 122/91, s. 9.

10. (1) Subject to subsection (2), a name shown in a registration must not include a word or expression that suggests that the business or activity of the registrant is connected with,

(a) the Crown in right of Canada or in right of a province;

(b) the Government of Canada, of a territory or of a province;

(c) a municipality; or

(d) an agency of the Crown, government or municipality. O. Reg. 122/91, s. 10 (1).

(2) If the registrant obtains the written consent of the applicable Crown, government, municipality or agency, a name shown in a registration may include a word or expression described in subsection (1). O. Reg. 122/91, s. 10 (2).

11. A name shown in a registration must not include in any language the word “college”, “institute” or “university”, if the use of the word would suggest that the registrant is a post-secondary educational institution, unless the Minister of Colleges and Universities gives written consent to the use of the word. O. Reg. 122/91, s. 11.

Exceptions

12. (1) Sections 1, 2, 3, 6, 7, 8, 10 and 11 do not apply with respect to a name shown in a registration if, on the 30th day of April, 1991,

(a) the registrant was using the name; and

(b) the registrant was not required to file a declaration under the Partnerships Registration Act(R.S.O. 1980, c. 371) respecting the name. O. Reg. 122/91, s. 12 (1).

(2) Sections 1, 2, 3, 6, 7, 8, 10 and 11 do not apply with respect to a name shown in a registration,

(a) if the registrant was using the name on the 30th day of April, 1991; and

(b) if the registrant was required, on the 30th day of April, 1991, to file a declaration under the Partnerships Registration Act (R.S.O. 1980, c. 371) respecting the name before the 1st day of July, 1991. O. Reg. 122/91, s. 12 (2).

13. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 122/91, s. 13.

The text of this Ontario regulation is subject to change, so please click and read the official version at:

http://www.ontario.ca/laws/regulation/910122

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