Under the Regulated Health Professions Act (RHPA) and the Ontario Business Corporations Act (BCA), regulated health professionals are permitted to incorporate for the purpose of practising a health profession, providing they obtain Certificates of Authorization from their respective health profession colleges. The following are the conditions and requirements that must be met in order to obtain a Certificate of Authorization from a health profession college:
all of the issued and outstanding shares of the corporation shall be legally and beneficially owned, directly or indirectly, by one or more members of the same profession, who hold a certificate of registration issued by the CMRITO;
all officers and directors of the corporation must be shareholders of the corporation;
the articles of the professional corporation must provide that the corporation cannot carry on a business other than the practice of the profession governed by the CMRITO and activities related to or ancillary to the practice of the profession;
the name of the corporation must include the words "Professional Corporation" or "Société professionnelle" and comply with the rules respecting the names of professional corporations set out in the regulations and with the rules respecting names set in the regulations made under the RHPA.
In order to obtain an initial Certificate of Authorization from the CMRITO, a corporation must complete and submit to the CMRITO an application, in a form approved by the CMRITO, along with certain information and documents as required by regulation. There are five sections which must be completed. You may wish to refer to section 3.2 of the BCA and Ontario Regulation 39/02 under the RHPA, "Certificates of Authorization" (the regulation) which are appended to this Guide.