Business Names Registration Regulations, 2020, B-11 Reg 3

1 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 The Business Names Registration Regulations, 2020 being Chapter B-11 Reg 3 (effective June 27, 2020). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 Table of Contents PART 1 18 Saskatchewan residency Preliminary Matters 19 Deemed receipt of registrar’s letter 1 Title 20 Service on limited partnership 2 Definitions and interpretation PART 3 PART 2 Designated Extraprovincial Limited Partnerships General 21 Interpretation re designated extraprovincial limited 3 Registration of business name partnerships 4 Dissolution of partnership 22 Designations 5 Renewal of registration 23 Disclosure of information 6 Registration of Saskatchewan limited partnership, 24 Search and notification from MRAS and collection extraprovincial limited partnership of information 7 Power of attorney 25 Registrations and filings of designated extraprovincial limited partnerships 8 Request for name search and availability 26 Electronic submission and provision of 9 Change in membership information through MRAS 10 Change of business or mailing address 27 Fee exemption 11 Information required re sections 18 and 21.3 of Act PART 4 12 Cancellation of registration Repeal, Transitional and Coming into Force 13 General rules re forms, etc. 28 RRS c B-11 Reg 1 repealed 14 Other printed forms 29 RRS c B-11 Reg 2 repealed 15 Restrictions on approval 30 Transitional – designation of certain 16 Confusing names extraprovincial limited partnerships 17 Grants and reservations 31 Coming into force 3 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 CHAPTER B-11 REG 3 The Business Names Registration Act PART 1 Preliminary Matters Title 1 These regulations may be cited as The Business Names Registration Regulations, 2020. Definitions and interpretation 2(1) In these regulations: “Act” means The Business Names Registration Act; “business day” means a day other than a Saturday, Sunday or holiday; “form” means a form containing the information set out in these regulations; “home jurisdiction”, with respect to an extraprovincial limited partnership, means the jurisdiction in which the extraprovincial limited partnership was formed; “signature” includes a signature that consists of one or more letters, characters, numbers or other symbols in digital form that is incorporated in, attached to or associated with a form, notice, document or other information required to be provided or submitted in accordance with these regulations. (2) As an alternative to using a printed form, a person may submit a form to the registrar in an electronic format, but only if: (a) the format is approved by the registrar; and (b) the form contains the information required to be included by these regulations in the form. 1 May 2020 c B-11 Reg 3 s2. PART 2 General Registration of business name 3(1) For the purposes of subsection 6(2) of the Act, the form of an application for registration of a business name is provided in this section. (2) An application for registration of a business name must include the following: (a) if the business name has expired or been cancelled by the registrar in the last 90 days, the number previously assigned to the business by the registrar; 4 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (b) if the business name has not expired or been cancelled by the registrar in the last 90 days, the name reservation number; (c) the name of the business; (d) confirmation that the business will operate as: (i) a sole proprietorship; (ii) a partnership; (iii) a joint venture; or (iv) a syndicate; (e) any conditions imposed by the registrar in the name reservation; (f) the primary physical address of the business, consisting of one of the following: (i) the street address of the business, if any; (ii) if there is no street address, a legal land description of the land on which the business is located, including the rural municipality name and number; (g) any other physical address of the business; (h) the mailing address of the business, if different from the primary physical address; (i) subject to subsection 13(3), the email address of the business, if any; (j) for the sole proprietor or each member of the business, as the case may be: (i) the full name of the sole proprietor or member; (ii) confirmation that the sole proprietor or member is: (A) an individual; (B) a trust; (C) a body corporate; (D) a limited partnership; or (E) an Indian band; (iii) if the sole proprietor or member is an individual or a trust: (A) the sole proprietor’s or member’s physical address; and (B) the sole proprietor’s or member’s mailing address, if different from the physical address; (iv) if the sole proprietor or member is a body corporate, limited partnership or Indian band, the number assigned to the sole proprietor or member by the registrar; (v) subject to subsection 13(3), the email address of the sole proprietor or member, if any; 5 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 (k) the proposed registration date, if a specified future date is requested as the date of registration; (l) the name and contact information of the individual submitting the application for registration of a business name; (m) a statement by the individual submitting the application for registration of a business name that: (i) the contents of the application are true; (ii) the individual has authority to file the application with the registrar; and (iii) if the business is a partnership, any individuals that are partners are 18 years of age or older; (n) the signature of the individual submitting the application for registration of a business name. 1 May 2020 c B-11 Reg 3 s3. Dissolution of partnership 4(1) For the purposes of section 13 of the Act, the form of a declaration for dissolution of partnership is provided in this section. (2) A declaration for dissolution of partnership must include the following: (a) the name of the partnership; (b) the number assigned to the partnership by the registrar; (c) the date of dissolution of the partnership; (d) the name and contact information of the individual submitting the declaration for dissolution of partnership; (e) a statement by the individual submitting the declaration for dissolution of partnership that: (i) the contents of the declaration are true; and (ii) the individual has authority to file the declaration with the registrar; (f) the signature of the individual submitting the declaration for dissolution of partnership. 1 May 2020 c B-11 Reg 3 s4. Renewal of registration 5(1) Subject to subsection (2), for the purposes of subsection 9(3) of the Act, a renewal of registration must be submitted in a form provided by the registrar and confirm that the registrar has current and accurate records regarding the business as of the date of renewal. 6 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (2) If the registrar does not have current and accurate records regarding the business as of the date of renewal, the business must include with the renewal of registration each of the following that is necessary to ensure that the registrar has current and accurate records for the business: (a) a change of business or mailing address, in accordance with section 10; (b) a change in membership, in accordance with section 9; (c) any change in the legal name or address of the sole proprietor or a member of the business, in a form provided by the registrar; (d) a power of attorney, in accordance with section 7; (e) a description of any changes to its main activity or business. 1 May 2020 c B-11 Reg 3 s5. Registration of Saskatchewan limited partnership, extraprovincial limited partnership 6(1) A declaration of a Saskatchewan limited partnership in accordance with section 16 of the Act must be accompanied by an application containing the following information: (a) if the registration of the limited partnership has expired or been cancelled by the registrar in the last 90 days, the number assigned to the limited partnership by the registrar; (b) if the registration of the limited partnership has not expired or been cancelled by the registrar in the last 90 days, the name reservation number; (c) the name of the limited partnership; (d) any conditions imposed by the registrar in the name reservation; (e) the term for which the limited partnership is to subsist, if any; (f) the physical address of the limited partnership, consisting of one of the following: (i) the street address of the limited partnership, if any; (ii) if there is no street address, a legal land description of the land on which the limited partnership is located, including the rural municipality name and number; (g) the mailing address of the limited partnership, if different from the physical address; (h) subject to subsection 13(3), the email address of the limited partnership, if any; (i) for each general partner of the limited partnership: (i) the full name of the general partner; (ii) confirmation that the general partner is: (A) an individual; (B) a trust; 7 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 (C) a body corporate; (D) a limited partnership; or (E) an Indian band; (iii) if the general partner is an individual or a trust: (A) the general partner’s physical address; and (B) the general partner’s mailing address, if different from the physical address; (iv) if the general partner is a body corporate, limited partnership or Indian band, the number assigned to the general partner by the registrar; (v) subject to subsection 13(3), the email address of the general partner, if any; (j) the name and contact information of the individual submitting the application and declaration; (k) a statement by the individual submitting the application and declaration: (i) that the contents of the application and declaration are true; (ii) that the individual has authority to file the application and declaration with the registrar; and (iii) confirming that the declaration includes the required information pursuant to section 16 of the Act to the extent that the information applies to the limited partnership and is signed by all of the general and limited partners of the limited partnership; (l) the signature of the individual submitting the application and declaration. (2) An application for registration of an extraprovincial limited partnership in accordance with section 21.1 of the Act must include the following information: (a) the home jurisdiction of the limited partnership; (b) any unique identification number or code assigned to the limited partnership in its home jurisdiction; (c) the date of registration of the limited partnership in its home jurisdiction; (d) a copy of the registration documents and any subsequent amendments filed in the home jurisdiction; (e) if the date of registration in the home jurisdiction is more than 6 months before the date of the application, a certificate of status or letter of good standing from the home jurisdiction; (f) the information required by clauses (1)(a) to (j); (g) a statement by the individual submitting the application for registration: (i) that the contents of the application for registration are true; (ii) that the individual has authority to file the application for registration with the registrar; and 8 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (iii) confirming that the individual understands that: (A) the registrar must be notified if the limited partnership becomes inactive in its home jurisdiction; and (B) the limited partnership must not continue to do business in Saskatchewan while it is inactive in its home jurisdiction; (h) the signature of the individual submitting the application for registration. 1 May 2020 c B-11 Reg 3 s6. Power of attorney 7(1) For the purposes of sections 9.3, 21.1 and 21.2 of the Act, the form of a power of attorney is provided in this section. (2) A power of attorney must include the following: (a) the name of the business; (b) the number assigned to the business by the registrar; (c) in the case of an extraprovincial limited partnership, any unique identification number or code assigned to the limited partnership in its home jurisdiction; (d) for each attorney appointed for the business: (i) the full name of the attorney and the name of the attorney’s firm, if applicable; (ii) the physical address of the attorney; (iii) the mailing address of the attorney, if different from the physical address; (iv) the email address of the attorney, if any; and (v) a signed declaration of the attorney, declaring that the attorney has consented to act as attorney; (e) the date on which the power of attorney comes into effect, if applicable; (f) the name and contact information of the individual submitting the power of attorney; (g) a statement by the individual submitting the power of attorney that: (i) the contents of the power of attorney are true; and (ii) the individual has authority to file the power of attorney with the registrar; (h) the signature of the individual submitting the power of attorney. (3) For each attorney who is added or with respect to whom a change is made, a notice of change of power of attorney must include the following: (a) the full name of the business; (b) the number assigned to the business by the registrar; 9 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 (c) in the case of an extraprovincial limited partnership, any unique identification number or code assigned to the limited partnership in its home jurisdiction; (d) the full name of the attorney and the name of the attorney’s firm, if applicable; (e) if applicable: (i) confirmation that the person is added as an attorney for the business; (ii) confirmation that there has been a change to the attorney’s name or to any of the information mentioned in subclauses (iii) to (v); (iii) the physical address of the attorney; (iv) the mailing address of the attorney, if different from the physical address; (v) the email address of the attorney, if any; (vi) a signed declaration of the attorney, declaring that the attorney has consented to act as attorney; (f) the date on which the addition or change takes effect; (g) the name and contact information of the individual submitting the notice of change of power of attorney; (h) a statement by the individual submitting the notice of change of power of attorney that: (i) the contents of the notice of change of power of attorney are true; and (ii) the individual has authority to file the notice of change of power of attorney with the registrar; (i) the signature of the individual submitting the notice of change of power of attorney. (4) For each attorney who is removed or who resigns, a notice of change of power of attorney must include the following: (a) the full name of the business; (b) the number assigned to the business by the registrar; (c) in the case of an extraprovincial limited partnership, any unique identification number or code assigned to the limited partnership in its home jurisdiction; (d) the full name of the attorney and the name of the attorney’s firm, if applicable; (e) confirmation that: (i) the attorney is removed as an attorney for the business; or (ii) the attorney has resigned as an attorney for the business; 10 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (f) in the case of an attorney who has resigned, a copy of the written resignation; (g) the date on which the removal or resignation takes effect; (h) the name and contact information of the individual submitting the notice of change of power of attorney; (i) a statement by the individual submitting the notice of change of power of attorney that: (i) the contents of the notice of change of power of attorney are true; and (ii) the individual has authority to file the notice of change of power of attorney with the registrar; (j) the signature of the individual submitting the notice of change of power of attorney. 1 May 2020 c B-11 Reg 3 s7. Request for name search and availability 8 A request for name search and reservation pursuant to section 8.1 of the Act must be in the form provided by the registrar. 1 May 2020 c B-11 Reg 3 s8. Change in membership 9(1) For the purposes of section 12 of the Act, the form of a change in membership is provided in this section. (2) A change in membership must include: (a) the name of the business; (b) the number assigned to the business by the registrar; (c) for each member that is added or removed from the business: (i) the full name of the member; (ii) confirmation that the member is added or removed as a member; (iii) the date that the member is added or removed; (iv) confirmation that the member is: (A) an individual; (B) a trust; (C) a body corporate; (D) a limited partnership; or (E) an Indian band; 11 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 (v) if the member is an individual or trust: (A) the member’s physical address; and (B) the member’s mailing address, if different from the physical address; (vi) if the member is a body corporate, limited partnership or Indian band, the number assigned to the member by the registrar; (vii) subject to subsection 13(3), the email address of the member, if any; (d) the name and contact information of the individual submitting the change in membership; (e) a statement by the individual submitting the change in membership: (i) that the contents of the change in membership are true; (ii) confirming that an attachment has been included that contains the full name and signatures of all members, including members who are added or removed as part of the change in membership and existing members who have not changed; and (iii) the individual has authority to file the change in membership with the registrar; (f) the signature of the individual submitting the change in membership. 1 May 2020 c B-11 Reg 3 s9. Change of business or mailing address 10(1) For the purposes of subsection 11(5) of the Act, the form of a change of business or mailing address is provided in this section. (2) A change of business or mailing address must include the following: (a) the name of the business; (b) the number assigned to the business by the registrar; (c) the updated primary physical address of the business, consisting of one of the following: (i) the street address of the business, if any; (ii) if there is no street address, a legal land description of the land on which the business is located, including the rural municipality name and number; (d) in the case of a business other than a limited partnership, any other physical address of the business; (e) the updated mailing address of the business, if different from the primary physical address; (f) subject to subsection 13(3), the updated email address of the business, if any; 12 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (g) the date on which the changes take effect; (h) the name and contact information of the individual submitting the change of business or mailing address; (i) a statement by the individual submitting the change of business or mailing address that: (i) the contents of the change of business or mailing address are true; and (ii) the individual has authority to file the change of business or mailing address with the registrar; (j) the signature of the individual submitting the change of business or mailing address. 1 May 2020 c B-11 Reg 3 s10. Information required re sections 18 and 21.3 of Act 11(1) An amendment of declaration for a limited partnership, other than an extraprovincial limited partnership, pursuant to section 18 of the Act must be accompanied by a form containing the following information: (a) the name of the limited partnership; (b) the number assigned to the limited partnership by the registrar; (c) if the name of the limited partnership has changed: (i) the reserved name; (ii) the name reservation number; (iii) any conditions imposed by the registrar in the name reservation; and (iv) if applicable, the new mailing name; (d) a description of any changes to the main activity or business of the limited partnership; (e) the new expiry date of the limited partnership, if applicable; (f) for each general partner with respect to whom a change is made: (i) the full name of the general partner; (ii) confirmation that the general partner is: (A) an individual; (B) a trust; (C) a body corporate; (D) a limited partnership; or (E) an Indian band; (iii) if applicable, confirmation that: (A) the general partner is added as a general partner of the limited partnership; 13 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 (B) the general partner is removed as a general partner of the limited partnership; or (C) there has been a change to the name or the physical, mailing or email address of the general partner; (iv) if the general partner is an individual or trust: (A) the general partner’s physical address; and (B) the general partner’s mailing address, if different from the physical address; (v) if the general partner is a body corporate, limited partnership or Indian band, the number assigned to the general partner by the registrar; (vi) subject to subsection 13(3), the email address of the general partner, if any; (g) the date on which any changes take effect; (h) the name and contact information of the individual submitting the amendment of declaration for a limited partnership; (i) a statement by the individual submitting the amendment of declaration for a limited partnership: (i) that the contents of the amendment of declaration are true; (ii) confirming that an attachment containing the required information pursuant to subsection 18(1) of the Act and that is signed by all of the general and limited partners of the limited partnership has been included; and (iii) that the individual has authority to file the amendment of declaration with the registrar; (j) the signature of the individual submitting the amendment of declaration for a limited partnership. (2) A notice of change for an extraprovincial limited partnership submitted pursuant to section 21.3 of the Act must be accompanied by a form containing the following information: (a) the name of the extraprovincial limited partnership; (b) the number assigned to the extraprovincial limited partnership by the registrar; (c) any unique identification number or code assigned to the extraprovincial limited partnership in its home jurisdiction; (d) the information required by clauses (1)(c) to (f); 14 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (e) the physical address of the extraprovincial limited partnership, consisting of one of the following: (i) the street address of the extraprovincial limited partnership, if any; (ii) if there is no street address, a legal land description of the land on which the extraprovincial limited partnership is located, including the rural municipality name and number; (f) the mailing address of the extraprovincial limited partnership, if different from the physical address; (g) subject to subsection 13(3), the email address of the extraprovincial limited partnership, if any; (h) the date on which any changes take effect; (i) the effective date of any changes in the home jurisdiction; (j) the name and contact information of the individual submitting the notice of change; (k) a statement by the individual submitting the notice of change that: (i) the contents of the notice of change are true; (ii) the extraprovincial limited partnership is active in its home jurisdiction; and (iii) the individual has authority to file the notice of change with the registrar; (l) the signature of the individual submitting the notice of change. 1 May 2020 c B-11 Reg 3 s11. Cancellation of registration 12 A cancellation of registration pursuant to section 11, 17 or 21.4 of the Act must be in a form containing the following information: (a) the name of the business; (b) the number assigned to the business by the registrar; (c) confirmation that the registration of the business is cancelled for one of the following reasons: (i) the firm has ceased to carry on business and is providing a notice in accordance with subsection 11(1) of the Act; (ii) the firm is providing a reply letter in accordance with clause 11(4 (b) of the Act; (iii) in the case of a Saskatchewan limited partnership: (A) the Saskatchewan limited partnership is dissolved; or (B) all of the limited partners in the Saskatchewan limited partnership have ceased to be limited partners; 15 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 (iv) in the case of an extraprovincial limited partnership: (A) the extraprovincial limited partnership is providing notice to cancel the registration in accordance with clause 21.4(1)(b) of the Act; (B) the extraprovincial limited partnership is inactive in its home jurisdiction; (C) all of the limited partners in the extraprovincial limited partnership have ceased to be limited partners; (D) the extraprovincial limited partnership is dissolved; or (E) the extraprovincial limited partnership is bankrupt within the meaning of the Bankruptcy and Insolvency Act (Canada); (d) the date on which the cancellation takes effect; (e) if paragraph (c)(iii)(A) or (B) is identified as the reason for cancellation, confirmation that an attachment containing the names and signatures of all general and limited partners in accordance with subsection 17(2) of the Act has been included; (f) if paragraph (c)(iv)(A) is identified as the reason for cancellation, confirmation that an attachment containing the name and signature of at least one of the general partners has been included; (g) the name and contact information of the individual submitting the cancellation of registration; (h) a statement by the individual submitting the cancellation of registration that: (i) the contents of the cancellation of registration are true; and (ii) the individual has authority to file the cancellation of registration with the registrar; (i) the signature of the individual submitting the cancellation of registration. 1 May 2020 c B-11 Reg 3 s12. General rules re forms, etc. 13(1) A requirement to provide information in a form, notice or other document in accordance with these regulations, other than a signature or statement by the individual submitting the form, notice or other document, is satisfied by providing the information as an attachment to the form, notice or other document in a manner that is satisfactory to the registrar. (2) A requirement that a signature is to be provided according to these regulations is satisfied if it meets the requirements, if any, of the registrar as to the method of making the signature and as to the reliability of the signature. 16 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (3) Any form, notice or other document required by the Act or these regulations to be provided to the registrar must contain a statement that, if an email address is provided in the form, notice or other document, the registrar may use the email address for the purpose of providing any notice or document required to be sent by the registrar by the Act or these regulations, except: (a) a notice of default pursuant to subsection 21.4(2) of the Act sent by the registrar to an extraprovincial limited partnership in accordance with subsection 21.4(3) of the Act; and (b) if the business notifies the registrar that it wishes to receive notices and documents in a non-electronic form. (4) Nothing in these regulations prohibits the registrar from requiring additional information or documentation to be submitted with a form, notice or other document if that information or documentation is necessary to directly support any information that is required in the form, notice or other document in accordance with these regulations. 1 May 2020 c B-11 Reg 3 s13. Other printed forms 14 If a person intends to use a form in a printed format but does not use a printed form that has been obtained from the registrar, the form to be used must contain the information that these regulations require to be included in the form. 1 May 2020 c B-11 Reg 3 s14. Restrictions on approval 15(1) No business name shall be registered pursuant to the Act if it is to be composed entirely of general words, and any general words are to be prefixed by a distinctive word or initials unless the name has become established by a long and continuous prior use. (2) The registrar shall consider the business name as a whole and not only its separate elements in determining whether to approve or not approve the name. (3) The registrar may refuse registration of a business name that contains: (a) the word “Canada” or “Saskatchewan” or the name of any province; or (b) a word or phrase that is obscene or connotes an undertaking that is scandalous, obscene or immoral. 1 May 2020 c B-11 Reg 3 s15. Confusing names 16 The registrar shall not prohibit a business name for the sole reason that it is confusingly similar to the name of another firm or a body corporate if: (a) the request for the business name relates to a proposed business name that is the successor to the firm or body corporate, and the firm or body corporate has ceased or will cease to carry on business; 17 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 (b) the firm or body corporate undertakes in writing to dissolve or to change its name within 6 months or any longer period that the registrar may approve; and (c) the business name sets out the year of registration in numerals and in parentheses as the last word in the name before any other word that the registrar may approve. 1 May 2020 c B-11 Reg 3 s16. Grants and reservations 17 If a business name appears to be available and is granted or reserved, the granting or reservation, as the case may be, is deemed not to be a guarantee by the registrar that the business name is not: (a) confusingly similar to an existing corporate name, business name or trade mark; or (b) objectionable for another reason. 1 May 2020 c B-11 Reg 3 s17. Saskatchewan residency 18 For the purposes of section 9.3 of the Act, an individual is a resident of Saskatchewan only if that individual maintains the individual’s usual place of residence in Saskatchewan. 1 May 2020 c B-11 Reg 3 s18. Deemed receipt of registrar’s letter 19 For the purposes of clauses 11.1(3)(b) and (5)(b) of the Act, the date a letter sent pursuant to section 11 of the Act is deemed to have been received is the fifth business day after the date the letter was mailed, or sent by other authorized method, by the registrar. 1 May 2020 c B-11 Reg 3 s19. Service on limited partnership 20(1) Subject to section 21.4 of the Act and subsection 13(3), a notice or document may be served on a limited partnership: (a) by leaving it at the physical address of the limited partnership; (b) by mailing it by registered mail addressed to: (i) the physical address of the limited partnership; or (ii) the mailing address of the limited partnership, if different from the physical address; or (c) by leaving it at the office of, by mailing it by registered mail addressed to or by personally serving the general partner or any attorney of the limited partnership. 18 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (2) A notice or document may be served on a sole proprietorship, partnership, joint venture or syndicate: (a) by leaving it at the physical address of the sole proprietorship, partnership, joint venture or syndicate; (b) by mailing it by registered mail addressed to: (i) the physical address of the sole proprietorship, partnership, joint venture or syndicate; or (ii) the mailing address of the sole proprietorship, partnership, joint venture or syndicate, if different from the physical address; or (c) by leaving it at the office of, by mailing it by registered mail addressed to or by personally serving: (i) in the case of a sole proprietorship, the sole proprietor; or (ii) in the case of a partnership, joint venture or syndicate, any member of the partnership, joint venture or syndicate. (3) A notice or document sent by registered mail pursuant to this section is deemed to have been received or served on the earlier of: (a) the day the intended recipient actually receives it; and (b) 5 business days after it is sent. 1 May 2020 c B-11 Reg 3 s20. PART 3 Designated Extraprovincial Limited Partnerships Interpretation re designated extraprovincial limited partnerships 21(1) In this Part: “agreement” means an agreement pursuant to section 21.6 of the Act; “designated extraprovincial registrar” means an extraprovincial registrar designated pursuant to subsection 22(1); “MRAS” means the electronic Multijurisdictional Registry Access Service that allows for the sharing and exchange of information and data respecting designated extraprovincial limited partnerships by the registrar and designated extraprovincial registrars. (2) In this Part and in Part 4, “designated extraprovincial limited partnership” means an extraprovincial limited partnership designated pursuant to subsection 22(2). 1 May 2020 c B-11 Reg 3 s21. 19 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 Designations 22(1) The following are designated as extraprovincial registrars to which these regulations apply: (a) the Registrar of Companies appointed pursuant to the Business Corporations Act (British Columbia); (b) the Registrar of Corporations appointed pursuant to the Business Corporations Act (Alberta); (c) the Director appointed pursuant to The Corporations Act (Manitoba). (2) The following are designated as extraprovincial limited partnerships to which these regulations apply: (a) extraprovincial limited partnerships that are limited partnerships within the meaning of the Partnership Act (British Columbia); (b) extraprovincial limited partnerships that are limited partnerships within the meaning of the Partnership Act (Alberta); and (c) extraprovincial limited partnerships that are limited partnerships within the meaning of The Partnership Act (Manitoba). 1 May 2020 c B-11 Reg 3 s22. Disclosure of information 23(1) Information with respect to a limited partnership, extraprovincial limited partnership or designated extraprovincial limited partnership that the registrar obtains in accordance with the Act or these regulations may be disclosed by the registrar to a designated extraprovincial registrar, in accordance with any applicable agreement, for the following purposes: (a) facilitating search and registration functions respecting limited partnerships, extraprovincial limited partnerships or designated extraprovincial limited partnerships; (b) other matters the registrar and designated extraprovincial registrar consider appropriate. (2) The registrar may disclose information pursuant to subsection (1) by submitting the information, or allowing the information to be submitted, into MRAS. (3) The authority to disclose information pursuant to this section applies notwithstanding any provision of any enactment restricting or prohibiting the disclosure of information. 1 May 2020 c B-11 Reg 3 s23. Search and notification from MRAS and collection of information 24(1) The registrar may search for and access any information from MRAS respecting a designated extraprovincial limited partnership, in accordance with the applicable agreement, for the following purposes: (a) to assist with the registration of the designated extraprovincial limited partnership; 20 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 (b) to obtain, verify or update any information respecting the designated extraprovincial limited partnership that is required to be provided to the registrar pursuant to the Act or these regulations; (c) to obtain, verify or update any information respecting the designated extraprovincial limited partnership that will assist the registrar in determining whether to cancel a registration of the designated extraprovincial limited partnership; (d) to assist the registrar with any other matter respecting the designated extraprovincial limited partnership. (2) The registrar may collect from a designated extraprovincial registrar any information or documents specified in the applicable agreement that are submitted to or held by the designated extraprovincial registrar, including, without limitation, information and documents for the purposes mentioned in clauses (1)(a) to (d). (3) The registrar may file any information or documents collected pursuant to subsection (1) or (2). 1 May 2020 c B-11 Reg 3 s24. Registrations and filings of designated extraprovincial limited partnerships 25 A designated extraprovincial limited partnership shall not apply for registration or submit information or documents for filing pursuant to Part III of the Act except in accordance with these regulations. 1 May 2020 c B-11 Reg 3 s25. Electronic submission and provision of information through MRAS 26(1) Unless otherwise permitted by the registrar, any application, form or other information required from a designated extraprovincial limited partnership by the Act and these regulations must be in an electronic format acceptable to the registrar. (2) The registrar may refuse to receive, file or register any application, form or other information from a designated extraprovincial limited partnership if it is not: (a) completed to the satisfaction of the registrar; or (b) submitted in an electronic format acceptable to the registrar. (3) Unless otherwise required by the registrar, the requirement for a designated extraprovincial limited partnership to provide any information or notice to the registrar pursuant to the Act or these regulations, including any information required in an application or form, is deemed to be met if the registrar is able to access the information through or receive notice respecting the information from MRAS. 1 May 2020 c B-11 Reg 3 s26. Fee exemption 27(1) A designated extraprovincial limited partnership is exempt from the requirement to pay a fee with respect to its application for registration, or the filing of information and documents related to its registration pursuant to Part III of the Act. (2) The exemption set out in subsection (1) does not apply to any fees related to a name search and reservation pursuant to section 8.1 of the Act. 1 May 2020 c B-11 Reg 3 s27. 21 BUSINESS NAMES REGISTRATION, 2020 B-11 REG 3 PART 4 Repeal, Transitional and Coming into Force RRS c B-11 Reg 1 repealed 28 The Business Names Registration Regulations are repealed. 1 May 2020 c B-11 Reg 3 s28. RRS c B-11 Reg 2 repealed 29 The Business Names Registration (Designated Extra-provincial Limited Partnerships) Regulations are repealed. 1 May 2020 c B-11 Reg 3 s29. Transitional – designation of certain extraprovincial limited partnerships 30(1) On the coming into force of this subsection, all extraprovincial limited partnerships that are designated extra-provincial limited partnerships pursuant to subsection 3(3) or (4) of The Business Names Registration (Designated Extra- provincial Limited Partnerships) Regulations, as those subsections existed on the day before the day on which this Part comes into force, are continued as designated extraprovincial limited partnerships. (2) On the coming into force of this subsection, all extraprovincial limited partnerships mentioned in clause 22(2)(c) are designated extraprovincial limited partnerships. (3) For the purpose of facilitating the transition of an existing extraprovincial limited partnership to a designated extraprovincial limited partnership pursuant to subsection (1) or (2), the registrar may correct any error or omission found in the records of the register of corporations or brought to the registrar’s attention by a designated extraprovincial registrar in accordance with the applicable agreement. 1 May 2020 c B-11 Reg 3 s30. Coming into force 31(1) Subject to subsection (2), these regulations come into force on June 27, 2020. (2) If these regulations are filed with the Registrar of Regulations after June 27, 2020, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 1 May 2020 c B-11 Reg 3 s31. 22 B-11 REG 3 BUSINESS NAMES REGISTRATION, 2020 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2020