Eligibility requirements
To qualify for a corporation permit under the HPOA, both the health profession corporation and licensees involved must meet the requirements and the eligibility standards established under the HPOA, Regulations, and CPSBC Bylaws.
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Corporation requirements
A corporation must meet all of the following eligibility requirements to be issued a health profession corporation permit or have an existing permit varied, renewed or reinstated.
- The corporation is a company in good standing under the Business Corporations Act (British Columbia)
- All directors of the corporation are eligible licensees
- The corporate name includes any required words or phrases prescribed under section 25(3)(c) of the HPOA (no terms currently prescribed) and any naming requirements set out in the CPSBC Bylaws
- All voting and non-voting shares of the corporation are owned, held, or vested as required under section 59 of the HPOA
- If a collaboration agreement applies, the permit must be issued, varied, renewed, or reinstated in accordance with that agreement (none are currently in effect)
- All employees who will provide health services through the corporation are practising licensees, or will be supervised by a practising licensee
- The corporation satisfies the eligibility standards set out in section 7-4 of the CPSBC Bylaws
Licensee requirements
A licensee intending to provide health services through a corporation must:
- be an eligible licensee, meaning a licensee who holds a practising licence and meets the definition of eligible licensee under the HPOA
- legally and beneficially own the voting shares of the corporation, either directly or indirectly through a holding company permitted under section 59 of the HPOA
- provide the acknowledgement required under section 7-3(2)(a) of the CPSBC Bylaws confirming their understanding of the statutory and bylaw obligations that continue to apply when practising through a corporation
- provide the attestation of compliance required under section 7-3(2)(d) of the CPSBC Bylaws confirming compliance with eligibility standards and corporate requirements.
Ongoing requirements
A health profession corporation must notify CPSBC as soon as practicable of any change regarding the corporation (section 7-9 of the CPSBC Bylaws). This includes any change in the practising status of an eligible licensee (including voting shareholders and directors), such as a move to "temporarily inactive" or "not practising in BC" status.
Permit eligibility is subject to the licensee holding a practising licence, which must be maintained for the duration of the permit.
Share ownership requirements
All shareholdings of a corporation must comply with the ownership and control requirements in section 59 of the HPOA.
Must be legally and beneficially owned by:
- eligible licensees, or
- a company, provided that:
- all voting shares of the holding company are legally and beneficially owned by eligible licensees
- all non-voting shares of the holding company are legally and beneficially owned by eligible licensees or family members of eligible licensees
Must be legally and beneficially owned by:
- eligible licensees or family members of eligible licensees
- a company, provided that:
- all voting shares of the company are legally and beneficially owned by eligible licensees or family members of eligible licensees
- all non-voting shares of the company are legally and beneficially owned by eligible licensees or family members of eligible licensees, or
- a trust that meets the requirements under Trusts
The Family Member Definition policy explains the meaning of "family member" for the purposes of section 59 of the HPOA.