Corporations and businesses

Licensees who own their own businesses must meet certain requirements related to business naming and, where applicable, incorporation.

    A Health Profession Corporation, or HPC, operates on a business model that is unique to the Health Professions and Occupations Act (HPOA) and is therefore subject to specific regulations.

    Section 35(1)(a) of the HPOA indicates that only a corporation holding an HPC permit issued by CHCPBC may carry on the business of providing health services to the public, if those health services are provided by licensees who practise optometry or physical therapy. (Licensees in other professions regulated by CHCPBC are not issued HPC permits.) In other words, an optometrist or physical therapist who wishes to incorporate to provide healthcare services must hold an HPC permit in order to do so.

    Licensees who wish to obtain HPC permits must comply with Part 3, Division 4 of the HPOA and the College Bylaws.

    Choosing to set up a Health Profession Corporation

    Only Full licensees in the professions of optometry and physical therapy are eligible to apply for HPC permits.

    Whether a Health Profession Corporation—or “incorporation”—is a suitable business structure for you will depend on your individual situation. You may benefit from obtaining legal and/or accounting advice when making decisions related to incorporation and when setting up a corporation, to ensure compliance with all applicable regulations.

    Please be aware that CHCPBC staff do not have the expertise to provide business, legal, financial, or tax advice.

    Setting up your Health Profession Corporation

    CHCPBC is required to regulate the naming of Health Profession Corporations. The approval process for your HPC name will depend on the elements of the name you propose:

    Option A

    Bylaw 8.12 allows the CHCPBC Registrar to approve HPC names that meet all of the following criteria:

    1. The name is not in use by another corporation holding a valid HPC permit.
    2. The name doesn’t so nearly resemble the name of another corporation holding a valid HPC permit that it is likely to confuse or mislead the public.
    3. The name complies with all Practice Standards and Ethics Standards relating to advertising, marketing, or promotion as if it were a licensee (Bylaw 8.42(b)).
    4. The name consists of the surname and any combination of the given names or initials of every licensee who is a voting shareholder of the HPC and who will provide professional services through or on behalf of the HPC.
    5. The name includes the words or abbreviations “Professional Corporation,” “Corporation,” “Corp,” “Incorporated,” or “Inc.”
    6. If a voting shareholder of the HPC is authorized to use the title of “doctor,” the name includes the title “Doctor” or “Dr.” or the initial of the licensee’s degree, combined with the name of each voting shareholder.

    Option B

    Proposed HPC names that do not meet the criteria of Option A must be approved by the Permit Committee and must meet all of the following criteria identified in Bylaw 8.6:

    1. The name is not in use by another corporation holding a valid HPC permit.
    2. The name doesn’t so nearly resemble the name of another corporation holding a valid HPC permit that it is likely to confuse or mislead the public.
    3. The name complies with all Practice Standards and Ethics Standards relating to advertising, marketing, or promotion as if it were a licensee (Bylaw 8.42(b))

    Before requesting name approval, we recommend the following:

    • Conduct due diligence, which may include:
      • Reviewing the College Bylaws and Ethics and Practice Standards with consideration for business naming in the context of marketing/advertising
      • Checking with BC Registry Services for names that are identical/similar to the one you are considering
      • Conducting an online search for identical/similar names, understanding that not every business registers their name with BC Registry Services
      • Checking to see whether or not the name is already trademarked
    • Where the name may resemble that of another business, ensure that it does not do so in a way that is likely to confuse or mislead the public and/or cause conflict with the other business.

    To request approval of your HPC name and, if relevant, to authorize a lawyer to act on your behalf in the preparation of your HPC, complete the Authorization for Naming and Preparation of a HPC form (PDF) and email it to corporations@chcpbc.org.

    Apply to register your corporation with BC Registry Services under the Business Corporations Act.

    The structure of your HPC must meet requirements set out in Part 3, Division 4 of the HPOA and the College Bylaws. Remember that you may benefit from obtaining legal and/or accounting advice when structuring your HPC, as CHCPBC staff are not qualified to give advice about such matters.

    Once your HPC has been registered with BC Registry Services under the Business Corporations Act, you may apply for a permit through CHCPBC by:

    • Submitting the following documents in a single email to corporations@chcpbc.org:
      • Certified true copy of the Certificate of Incorporation, issued by BC Registry Services
      • Certificate of Good Standing, issued by BC Registry Services
      • Register of Directors
      • Central Securities Register
      • Documentation confirming compliance with the applicable requirements for professional liability protection/insurance, in accordance with Bylaw 8.13
      • HPC permit application (PDF)
      • Certificate of Solicitor (included in the HPC permit application), completed by a lawyer/solicitor
        A Certificate of Solicitor is required to ensure that an HPC meets all the requirements of Part 3, Division 4 of the HPOA and the College Bylaws, including that an eligible CHCPBC licensee has been nominated as the “designated person” in accordance with the Bylaws.
        This Certificate must be signed by a member in good standing of the Law Society of British Columbia (see the Lawyer Directory). Consider choosing a lawyer who specializes in business law or has a corporation or commercial legal practice.
    • Paying the application fee
      (You will receive notice of an invoice by email)

    When considering the timing of your application, please note that HPC permits expire annually on March 31, regardless of initial application date. Fees are not pro-rated.

    The application fee is due at the time of application (Step 2).

    The permit fee is due once your application has been processed by CHCPBC staff and you have received confirmation of conditional approval (pending payment) by email. Your permit is not valid, and your corporation must not provide health services, until you have paid the permit fee.

    Payment is completed through the Licensee Portal, where your downloadable permit and tax receipt will also become available once the process is complete.

    Renewing your Health Profession Corporation permit

    HPC permits expire annually on March 31, regardless of initial application date.

    Find out how to renew your HPC permit

    Where to find support

    Email us at corporations@chcpbc.org