Canadian Presence Requirements For Registrants

To register a .CA domain name, the registrant must meet CIRA’s [Canadian Internet Registration Authority, the .CA registry] strict rules and guidelines for Canadian presence.

The following is the full document from CIRA’s website to view the Canadian Presence Requirements. You can view this document in PDF format by going here.

Below the list of Presence options are examples of valid names and formats for each option.

CIRA POLICIES, RULES, AND PROCEDURES
Canadian Presence Requirements For Registrants
Version 1.3

1. Overview. After public consultation, CIRA has determined that the .ca domain space should be developed as a key public resource for the social and economic development of all Canadians. Accordingly, persons who wish to register a .ca domain name or sub-domain name on and after November 8, 2000 must meet certain Canadian Presence Requirements.

While the Canadian Presence Requirements for Registrants set out below still require a connection to Canada, they will enable a much broader group of persons to register a .ca domain name than under the rules of the University of British Columbia (UBC) registry.

Existing Registrants under the UBC system will not have to meet these Canadian presence requirements when they apply to re-register with CIRA a domain name that is the subject of an existing registration. CIRA hopes this will make it easier for existing registrants of the registry operated by UBC when they apply to CIRA for a new registration.

CIRA is committed to reviewing these Canadian Presence Requirements from time to time in order to ensure they remain in the best interests of Canadians and the .ca registry.

2. Canadian Presence Requirements. On and after November 8, 2000 only the following individuals and entities will be permitted to apply to CIRA (through a CIRA certified registrar) for the registration of, and to hold and maintain the registration of, a .ca domain name:

1. Canadian citizen. A Canadian citizen of the age of majority under the laws of the province or territory in Canada in which he or she resides or last resided;
2. Permanent resident. A permanent resident as defined in the Immigration and Refugee Protection Act, (Canada) S.C. 2001, c. 27, as amended from time to time, who is ordinarily resident in Canada (as defined below) and of the age of majority under the laws of the province or territory in Canada in which he or she resides or last resided;(amended June 5, 2003)
3. Legal representative. An executor, administrator or other legal representative of a Person listed in paragraph (a) and (b) above;
4. Corporation. A corporation under the laws of Canada or any province or territory of Canada;
5. Trust. A trust established and subsisting under the laws of a province or territory of Canada, more than 66.6% of whose trustees meet one of the conditions set out in paragraphs (a) to (d) above;
6. Partnership. A partnership, more than 66.6% of whose partners meet one of the conditions set out in paragraphs (a) to (e) above, which is registered as a partnership under the laws of any province or territory of Canada;
7. Association. An unincorporated organization, association or club:
   1. at least 80% of whose members: (A) are ordinarily resident in Canada (if such members are individuals); or (B) meet one of the conditions set out in paragraphs (a) to (f) above (if such members are not individuals); and
   2. at least 80% of whose directors, officers, employees, managers, administrators or other representatives are ordinarily resident in Canada;
8. Trade union. A trade union which is recognized by a labour board under the laws of Canada or any province or territory of Canada and which has its head office in Canada;
9. Political party. A political party registered under a relevant electoral law of Canada or any province or territory of Canada;
10. Educational institution. Any of the following:
    1. a university or college which is located in Canada and which is authorized or recognized as a university or college under an Act of the legislature of a province or territory of Canada; or
    2. a college, post-secondary school, vocational school, secondary school, pre-school or other school or educational institution which is located in Canada and which is recognized by the educational authorities of a province or territory of Canada or licensed under or maintained by an Act of Parliament of Canada or of the legislature of a province or territory of Canada;
11. Library, Archive or Museum. An institution, whether or not incorporated, that:
    1. is located in Canada; and
    2. is not established or conducted for profit or does not form part of, or is not administered or directly or indirectly controlled by, a body that is established or conducted for profit, in which is held and maintained a collection of documents and other materials that is open to the public or to researchers;
12. Hospital. A hospital which is located in Canada and which is licensed, authorized or approved to operate as a hospital under an Act of the legislature of a province or territory of Canada;
13. Her Majesty the Queen. Her Majesty Queen Elizabeth the Second and her successors;
14. Indian band. Any Indian band as defined in the Indian Act, R.S.C. 1985, c. I-5, as amended from time to time, and any group of Indian bands;
15. Aboriginal Peoples. Any Inuit, First Nation, Metis or other people indigenous to Canada, any individual belonging to any Inuit, First Nation, Metis or other people indigenous to Canada and any collectivity of such Aboriginal peoples;
16. Government. Her Majesty the Queen in right of Canada, a province or a territory; an agent of Her Majesty the Queen in right of Canada, of a province or of a territory; a federal, provincial or territorial Crown corporation, government agency or government entity; or a regional, municipal or local area government;
17. Trade-mark registered in Canada. A Person which does not meet any of the foregoing conditions, but which is the owner of a trade-mark which is the subject of a registration under the Trade-marks Act (Canada) R.S.C. 1985, c.T-13 as amended from time to time, but in this case such permission is limited to an application to register a .ca domain name consisting of or including the exact word component of that registered trade-mark; or
18. Official marks. A Person which does not meet any of the foregoing conditions, but which is a Person intended to be protected by Subsection 9(1) of the TradeMarks Act (Canada) at whose request the Registrar of Trade-marks has published notice of adoption of any badge, crest, emblem, official mark or other mark pursuant to Subsection 9(1), but in this case such permission is limited to an application to register a .ca domain name consisting of or including the exact word component of such badge, crest, emblem, official mark or other mark in respect of which such Person requested publications.

3. For the purposes of this policy:

Notwithstanding paragraph 1 above, each registrant of a .ca domain name or subdomain name registration which is registered in the .ca registry operated by UBC prior to November 8, 2000 shall be deemed to satisfy the Canadian presence requirements described in paragraph 1 above with respect only to an application by such registrant to CIRA to register such .ca domain name or sub-domain name.

1. “ordinarily resident in Canada” means an individual who resides in Canada for more than 183 days in the twelve month period immediately preceding the date of the applicable application for registration of the .ca domain name or sub-domain name and in each twelve month period thereafter for the duration of the domain name registration; and
2. “Person” includes an individual, a corporation, a partnership, a trust, an unincorporated organization, association or club, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity, a “person” as defined in the Trade-marks Act (Canada) and a Person intended to be protected by Subsection 9(1) of the Trademarks Act (Canada).

4. Notwithstanding paragraph 1 above, each registrant of a .ca domain name or subdomain name registration which is registered in the .ca registry operated by UBC prior to November 8, 2000 shall be deemed to satisfy the Canadian presence requirements described in paragraph 1 above with respect only to an application by such registrant to CIRA to register such .ca domain name or sub-domain name.

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To aid in knowing the format that will be considered valid by .CA (CIRA), please refer to the following examples for each Canadian entity or individual status.

1. Canadian citizen
Valid:
John Smith
Jane Da Silva
John Tang o/a Tang’s Plumbing

Invalid:
Web Master
Acme Water Ltd.
blank
N/A
John’s Records

2. Permanent Resident
the same requirement of format as a Canadian citizen, it must be the legal name of an individual

3. Legal representative
Valid:
Jane Fletcher (John Fletcher, executor)

Invalid:
Stone LLP
Doe & Sons Ltd

4. Corporation
Valid:
2568893 Ontario Inc. o/a Luis Electrical
Treetop Corporation of Alberta
Acme Financial Ltd.

Invalid:
Manuel & Sons
Jones Partners
Murphy’s

5. Trust
Valid:
Rossi Trust (100%)
Louis Garcia (85%)

Invalid:
John Doe
Acme Water Ltd.
Rossi Trust (35%)

6. Partnership
Valid:
Gonzalez Partnership (Quebec)
Burnaby Ferris Partnership, Manitoba

Invalid:
Joan Doe
John Doe Partnership

7. Association
Valid:
St Mike’s Church of Moncton
Halifax Minor Lacrosse Association

Invalid:
Jane Doe’s Card Club Inc
Sahra Ali
BCFAH’s

8. Trade Union
Valid:
Canadian Union of Public Employees (CUPE)
Directors Guild of Canada (DGC)

Invalid:
John Doe
Treetop Corporation of Alberta
Local 300 UVNI

9. Political Party
Valid:
Green Party of Canada
The Libertarian Party of Canada
Progressive Conservative Party of Ontario

Invalid:
Republican Party
Jane Doe
Communist Party

10. Educational Institution
Valid:
The University of Toronto (UofT)
St. Bernadette Elementary School of Surrey

Invalid:
Edgehill Public School
McGill Athletics Association
John Doe

11. Library, Archive, or Museum
Valid:
National Gallery of Canada
Bibliothèque et Archives nationales du Québec

Invalid:
Jim’s Personal Archive
Doe’s Books

12. Hospital
Valid:
Royal Alexandra Hospital of Edmonton
Inuvik Regional Hospital
Queen Elizabeth Hospital, Charlottetown

Invalid:
Dr John Doe
Shields Medical
Jane Doe

13. Her Majesty The Queen – currently CIRA still has the Queen as the option and not updated to King
Valid:
Can only be the name of the reigning monarch

Invalid:
Any name but the reigning monarch

14. Indian Band
Valid:
Fountain Indian Band
Inuvik Native Band

Invalid:
Cree Forestry
John Doe

15. Aboriginal Peoples (groups) indigenous to Canada
Valid:
Haida Tribal Council

Invalid:
Jane Doe
Acme Water Ltd.

16. Government
Valid:
Government of Nova Scotia
The Corporation of the City of North Vancouver
Canada Deposit Insurance Corporation (CDIC)

Invalid:
Jane Doe Lawn Services
John Doe

17. Trade-mark registered in Canada by non-Canadian owner
Valid:
Infinities S.p.A – TMB55632922

Invalid:
Infinities S.p.A

18. Official Marks registered in Canada
Valid:
The United Nations Educational, Scientific and Cultural Organization (UNESCO) – 097038

Invalid:
Infinities S.p.A
John Doe Corp.