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.

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.

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
  • holding company, provided that:
    • all voting shares of the holding company are owned by eligible licensees
    • all non-voting shares of the holding company are 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 holding company, provided that all non-voting shares are owned by eligible licensees or family members of eligible licensees
  • a trust, where:
    • the trustee is a Canadian resident approved by CPSBC
    • the trust is governed by the laws of a Canadian jurisdiction
    • all beneficiaries are eligible licensees or family members of eligible licensees

Voting and non-voting shares may be vested in:

  • an executor or administrator of a deceased eligible licensee’s estate
  • a trustee in bankruptcy for an eligible licensee or a corporation

These situations are permitted only to allow the discharge of duties related to the estate or bankruptcy.