P-44.1, r. 1 - Regulation respecting the application of the Act respecting the legal publicity of enterprises

Updated to 12 December 2023

This document has official status.

chapter P-44.1, r. 1

Regulation respecting the application of the Act respecting the legal publicity of enterprises

Act respecting the legal publicity of enterprises

(chapter P-44.1, s. 148).

M.O. 2012-02-09; S.Q. 2021, c. 19, s. 30.

DIVISION I STATEMENT OF INFORMATION

1. The statement of information in respect of each registrant who is registered or was previously registered shall contain the following elements, where applicable:

(1)  the information referred to in sections 33 to 35.2 of the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  the date of registration;

(3)  an entry indicating that the registrant is proceeding with its liquidation or dissolution;

(4)  an entry in respect of the registrant’s bankruptcy;

(5)  the year for which the registrant has met the annual updating obligation;

(6)  an entry in respect of the cancellation of the registrant’s registration, including the date and circumstances;

(7)  an entry in respect of a waiver of the communication of information or a waiver of the filing of a document granted in accordance with section 74 of the Act;

(8)  the date of deposit of the registrant’s most recent updating declaration;

(9)  an entry indicating that one of the requests referred to in sections 132 to 134 of the Act has been submitted to the enterprise registrar;

(10)  an entry indicating that a decision has been rendered by the Administrative Tribunal of Québec;

(11)  the end date of the period, determined under Division III, during which the registrant must meet the annual updating obligation;

(12)  an entry in respect of a waiver of the communication of information under Division V.

The statement of information shall also indicate, if applicable, that a document has been deposited but that the content thereof has not yet been added to the statement of information.

M.O. 2012-02-09, s. 1; S.Q. 2021, c. 19, s. 27.

DIVISION II CLASSIFICATION SYSTEM

2. For the purposes of subparagraphs 7 to 9 of the second paragraph of section 33 of the Act, the classification system for registrants’ activities corresponds to the Classification des activités économiques du Québec published by the Bureau de la statistique du Québec in 1990 and its updates.

M.O. 2012-02-09, s. 2.

DIVISION III PERIOD FOR FILING AN ANNUAL UPDATING DECLARATION

3. The period for filing a registrant’s annual updating declaration corresponds to,

(1)  in the case of a legal person required to file a fiscal return under section 1000 of the Taxation Act (chapter I-3), the period that starts on the day after the end date of its taxation year and ends on the day that is 6 months after that date;

(2)  in the case of a trust required to file a fiscal return under section 1000 of the Taxation Act, the period that starts on the day after the end date of its taxation year and ends on the day that is three months after that date;

(3)  in the case of a natural person or a partnership, the period that starts on 1 January and ends on 15 June; and

(4)  in all other cases, the period that starts on 15 May and ends on 15 November.

M.O. 2012-02-09, s. 3.

DIVISION IV REGISTRANTS EXEMPTED FROM DESIGNATING AN ATTORNEY

4. Registrants based in Ontario and domiciled in Canada, with the exception of limited partnerships, who are building contractors subject to the Ontario-Quebec Agreement on Public Procurement and Construction Labour Mobility of 24 December 1993 or to any other subsequent agreement entered into by the Gouvernement du Québec and the Government of Ontario as regards mobility in the construction industry are exempted from the requirement to designate an attorney in accordance with section 26 of the Act.

M.O. 2012-02-09, s. 4.

DIVISION IV.1 REGISTRANTS EXEMPTED FROM PAYING THE FEE FOR THE REGISTRATION DECLARATION

M.O. 2022-001, s. 1.

4.1. A registrant that is a legal person governed by a law of Ontario is exempted from paying the fee referred to in the first paragraph of section 32 of the Act.

M.O. 2022-001, s. 1.

DIVISION V REGISTRANTS EXEMPTED FROM DECLARING CERTAIN INFORMATION

5. Registrants who offer shelter to victims of violence and registrants composed of persons or groups of persons offering shelter to such victims are exempted from declaring

(1)  the domicile referred to in subparagraph 1 of the first paragraph of section 33 of the Act and the information referred to in subparagraphs 1 and 8 of the second paragraph of that section;

(2)  the domicile of the persons referred to in subparagraphs 2 and 4 of the second paragraph of section 33 of the Act.

Registrants who offer support services to victims of violence and registrants composed of persons or groups of persons offering such services are also exempted from declaring the information referred to in the first paragraph where the disclosure of such information represents a serious threat to their safety.

M.O. 2012-02-09, s. 5; S.Q. 2021, c. 19, s. 28.

5.1. A registrant who is a syndicate constituted under article 1039 of the Civil Code is exempted from declaring the information provided for in subparagraphs 2.1 and 2.2 of the second paragraph of section 33 of the Act.

M.O. 2023-001, s. 1.

DIVISION VI TRANSITIONAL, REVOKING AND FINAL PROVISIONS

6. Despite the application of paragraph 2 of section 3, a registrant who is a trust already registered before 1 July 2014 is required to meet the annual updating obligation for the calendar year that includes that date only once, and must do so on or before either the end date of the period provided for in paragraph 2 of that section or 15 November.

M.O. 2012-02-09, s. 6.

7. This regulation revokes Divisions IV to V.2 of the Regulation respecting the application of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45, r. 1).

M.O. 2012-02-09, s. 7.

8. The provisions of subparagraph 1 of the first paragraph of section 1 concerning information in respect of a trust, the provisions of paragraph 2 of section 3 and the provisions of section 6 will come into force on the date of coming into force of paragraph 2 of section 31 of chapter 40 of the statutes of 2010.

M.O. 2012-02-09, s. 8.

REFERENCES

M.O. 2012-02-09, 2012 G.O. 2, 572

S.Q. 2021, c. 19, s. 30

M.O. 2022-001, 2022 G.O. 2, 3491

S.Q. 2021, c. 19, ss. 27 and 28

M.O. 2023-001, 2023 G.O. 2, 443