Changing a board of trade

After a board of trade has been registered, the board could need to change its name or its district. There may also come a time when the board wants to stop its activities and dissolve.

Note

To find information on changes to by-laws, see Board of trade by-laws.

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Governor-in-Council approval

The Boards of Trade Act (BOTA) requires the Governor-in-Council to make the decision on the following changes to a board of trade:

  • change of name
  • change of district boundaries
  • dissolution.

The Governor-in-Council is the Governor General acting on the advice of the Prime Minister and the Cabinet. Decisions of the Governor-in-Council, called "Orders in Council", are notices of an administrative decision made by the federal cabinet and signed by the Governor General.

Once Corporations Canada receives a complete application, it will ensure that the application meets the requirements. Then, Corporations Canada will prepare the required documentation and submit the request to the Governor-in-Council. Neither the Minister of Innovation, Science and Economic Development nor Corporations Canada can make the decision in these cases.

The process of obtaining Governor-in-Council approval can take many months. Corporations Canada will contact you only when the process is complete.

Once the change is approved by the Governor-in-Council, a copy of the Order-in-Council will be sent to the board of trade. In the case of a change of name, Corporations Canada will have the change published in the Canada Gazette. The effective date of the change is shown on the Order-in-Council.

Change of name and district boundaries

Generally, the name of a board of trade reflects the district in which it operates. For example, the Small Town Chamber of Commerce operates within the boundaries of the Small Town.

A board of trade often changes its district and its name at the same time. While these are two separate applications, Corporations Canada processes them together because both need to be approved at the same time.

Documents to file to request a change of name

An application for change of name must include:

Documents to file to request a change of district

An application to change the boundaries of the district for a board of trade must include:

For more information on filing a BOTA application, see How do I file my application under the Boards of Trade Act?.

Name must match its district

The name of a board of trade must reflect the district within which its activities are conducted.

Corporations Canada will review the documents to ensure that the description of the district is the same in the petition and the resolution, and that the description corresponds to the boundaries of the district indicated on the map.

If a change of name application has also been filed, Corporations Canada will ensure that the name of the board of trade reflects its revised district.

Overlapping districts

If the district, as described or as outlined on the map, overlaps with the district of another board of trade, then there is a special process to be followed for the registration of the new board of trade and for changes of a district. This process may require consents to allow the overlapping districts to coexist. For more information on that process, see Overlapping districts.

Dissolution of a board of trade

Dissolution is the legal termination of a board of trade. In other words, dissolution is the act of ending the existence of a board of trade. A board of trade is dissolved when an Order-in-Council is issued. The effective date is shown on the Order-in-Council.

Dissolution application

If a board of trade is active and operating, it can apply for its own dissolution. The members of the board of trade approve the dissolution.

Documents to file to request a dissolution – Request filed by board

When a board of trade applies to dissolve itself, the application must include:

For more information on filing a BOTA application, see How do I file my application under the Boards of Trade Act?.

Mayor's or other authority's application

If a board of trade is no longer active or operating, there might be no one representing the board of trade that can obtain members' approval to dissolve the board of trade and apply for dissolution. In these cases, a mayor or other authority of the district represented by the board of trade may submit a request for dissolution.

Documents to file to request a dissolution – Request filed by a mayor

When a mayor requests the dissolution of a board of trade, the application must include a completed and signed statutory declaration requesting dissolution of a board of trade (see Statutory declaration requesting dissolution of a board of trade under section 43 of the Boards of Trade Act). The signed statutory declaration must include the following:  

  • information on the mayor, including his or her name, as well as the municipality and province that he or she represents,
  • the full name of the board of trade,
  • the fact that the board of trade is no longer active and has ceased to operate,
  • the fact that there is no one remaining to represent the board of trade who can obtain members' approval to dissolve the board of trade and apply for dissolution,
  • the confirmation that dissolution of the board of trade is being requested.

Application from an authority other than a mayor

On occasion, a person other than the mayor may request the dissolution of a board of trade. If the territory of the board is not governed by a mayor, the statutory declaration can be signed by another authorized person within the district, as long as there is an explanation and justification for that person to be authorized to request the dissolution. For example:

  • the district of the board of trade could be governed by a county council with the head of the council having a different title than mayor, such as reeve, or
  • there may be more than one mayor if the board of trade consists of more than one town.

Contact Corporations Canada (see Contact us) to obtain a model statutory declaration for this situation.

Amalgamating boards of trade

When municipalities are merged, the boards of trade for the pre-merged municipalities may want to merge as well. Unfortunately, BOTA does not provide a mechanism to amalgamate boards of trade. There are two options:

  • the district of one of the individual boards is expanded to include the district(s) of the other board(s) which simultaneously dissolve(s), or
  • there is a simultaneous creation of a new board of trade and dissolution of the individual boards.

Consider consulting a lawyer or another professional advisor to ensure that the specific needs of your board of trade are met.

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