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Free Legal Tool

Incorporation Jurisdiction Calculator

Answer four quick questions about your directors, footprint, and naming needs — see whether Ontario or federal incorporation fits, with an itemized government-fee comparison.

1 · Directors & Canadian residency

This determines whether federal (CBCA) incorporation is even available to you.

Total directors
Of those, Canadian residents

Meets the CBCA residency requirement — federal incorporation is available to you.

2 · Where you'll operate

Ontario-only businesses can use either jurisdiction; multi-province plans lean federal.

3 · National name protection

Federal incorporation assesses your name against businesses across Canada, not just Ontario.

4 · Timeline (optional)

Doesn't change the recommendation — just how we frame next steps.

Your recommendation appears here

Answer where you'll operate and whether a national name matters — we'll compare Ontario and federal incorporation for you.

Legal Guide

Ontario vs. federal incorporation, explained

Choosing where to incorporate is a real legal decision with real trade-offs — here's what sits behind the recommendation above.

01

OBCA vs. CBCA, in short

The Ontario Business Corporations Act (OBCA) creates a provincial corporation registered with the Ontario Business Registry. The Canada Business Corporations Act (CBCA) creates a federal corporation registered with Corporations Canada, which then registers extra-provincially wherever it actually operates — including Ontario.

02

The CBCA director-residency rule

At least 25% of a CBCA corporation's directors must be Canadian residents, with a minimum of one resident-Canadian director if the board has fewer than four members. The OBCA has no director-residency requirement at all, which is why it's the fallback whenever the CBCA rule can't be met.

03

Name protection: Ontario-scoped vs. national

An Ontario name search only checks similarity against other Ontario names. A federal name is assessed against businesses across Canada, giving broader — though not absolute — protection nationally. Neither is a substitute for a trademark search if the name itself is a real brand asset.

04

Extra-provincial registration either way

Incorporating federally doesn't exempt you from registering in the provinces where you actually operate — it just means Ontario's registration is handled through the joint federal process at no extra fee. If you expand into other provinces later, expect separate provincial registration steps there too.

05

What the online filing fee doesn't buy

The $200–$300 government fee gets your corporation legally formed — nothing more. Share structure, founder protections, minute-book compliance, and strategic advice on which jurisdiction actually fits your plans all come from a lawyer, not the filing portal.

06

Confirm before you file

Government fees change periodically, and this tool's figures are reviewed on that cadence, not in real time. Confirm current fees with Corporations Canada or the Ontario Business Registry — or let us confirm them for you — before you submit anything.

Should I incorporate in Ontario or federally?

It depends on three things: whether your board can meet the CBCA's director-residency rule, whether you'll operate in more than one province, and whether national name protection matters to you. If the residency rule can't be met, Ontario (OBCA) is your only option. If you meet it, plan to operate across provinces, and want the name protected nationally, federal (CBCA) usually fits better. Otherwise, either works — the choice comes down to a modest cost difference and your longer-term plans.

What is the CBCA director-residency requirement?

Under the Canada Business Corporations Act, at least 25% of a corporation's directors must be Canadian residents. If the board has fewer than four directors, at least one must be a resident Canadian. There is no equivalent requirement under Ontario's Business Corporations Act (OBCA).

How much does it cost to incorporate in Ontario vs. federally?

As of August 1, 2026: Ontario online incorporation is $300 CAD, with no fee for the Ontario annual return. Federal online incorporation is $200 CAD, plus a $12/year federal annual return; registering that federal corporation in Ontario through the joint process is free, with no separate Ontario annual return required. These are government filing fees only — they don't include legal fees, share-structure drafting, or minute-book preparation.

Does a federally incorporated name protect me everywhere in Canada?

It gives broader protection than an Ontario-only name search — a federal name is checked against businesses across the country, not just Ontario — but it isn't the same as a trademark. Real brand protection, especially if you're building a name customers will recognize, usually calls for a separate trademark search and registration alongside incorporation.

What isn't included in a $200–$300 online filing?

A bare online filing gets you incorporated — nothing more. It doesn't include a custom share structure or multiple share classes, a shareholders' agreement, a properly prepared minute book, correctly documented organizing resolutions, or legal advice on whether your chosen structure and jurisdiction actually fit your business.

Is this calculator legal advice?

No. It's a free educational tool that applies a known rule (CBCA director residency) and known government fees to your answers. It doesn't account for every fact pattern — tax planning, investor requirements, or industry-specific rules can all change the right answer for your business. Confirm your specific situation with a lawyer before you incorporate.