With the coming into force of revisions to The Optometry Act on February 16, 2021, professional incorporation is now available for optometrists. Below you will find The Optometry Act, the By-Laws of the Manitoba Association of Optometrists, the Application for Approval of Corporate Name, and the Application for Registration of a Professional Corporation and Application for Initial Permit.

If you are a professional advisor and need further information, please contact Laureen Goodridge, Executive Director, at 204-899-4419 or lgoodridge@mb-opto.ca.

 

The Optometry Act

Manitoba Association of Optometrists By-Law 21/1

Application for Approval of Corporate Name

Application for Registration of a Professional Corporation and Application for Initial Permit

 

Professional corporations must be Manitoba corporations that comply with the requirements set out in The Optometry Act and the MAO By-Laws.

MAO is now accepting Applications for Approval of Corporate Name and Applications for Registration of a Professional Corporation and Initial Permit. Forms are available below.

The steps to set up a professional corporation are as follows:

  1. Obtain name reservation from the Companies Office. If you would like the MAO office to review your corporate name before you request the name reservation from the companies office, we are happy to do so.
  2. Submit the Application for Approval of Corporate Name to the MAO office (form is available below) together with draft Articles of Incorporation (or amendment/amalgamation) for approval by the Registrar. Provisions related to share ownership and to restrictions on the business that can be carried on by a corporation are required to be included in Boxes 7 and 8 of the Articles of Incorporation, or a Schedule. The following wording will be acceptable to MAO:
         Box 7: So long as the corporation carries on the practice of optometry: (a) legal and beneficial ownership of each voting share may only be transferred to a registered member of the Manitoba Association of Optometrists or to another professional corporation holding a valid permit to practice optometry issued by the registrar of the Manitoba Association of Optometrists; and (b) legal and beneficial ownership of each other share in the capital stock of the corporation may only be transferred to a person who is: (i) a voting shareholder of the corporation, (ii) a spouse, common-law partner or child of a voting shareholder of the corporation, or (iii) a corporation, each share of which is legally and beneficially owned by a person referred to in clause (i) or (ii).
         Box 8: The corporation may not carry on any business or activity other than the practice of optometry and the provision of other services directly associated with that practice.
  3. Upon approval of your corporate name by the Registrar, the MAO office will provide the Consent to Incorporation.
  4. Complete the incorporation with the Companies Office. The MAO Consent to Incorporation will be required by the Companies Office.
  5. Submit the Application for Registration of a Professional Corporation and Initial Permit to the MAO office.
  6. Upon approval of your professional corporation's registration by the Registrar, the MAO office will issue a permit to be posted in your office. The corporation cannot practice optometry in Manitoba until after it is approved and registered with MAO.
  7. Every December, with annual membership renewal, you will need to submit a renewal for your corporation's permit.

Naming Protocol

Professional corporation names must include "Optometric Corporation" or "Optometry Corporation" and may be in the following format:

  • A full name or initial for each given name or initial shown on your Registration Certificate; and,
  • Your full surname as shown on your Registration Certificate.

The Registrar may approve names that are not in the above format, on a case-by-case basis.

Names in the format below will be approved:

  • If Registration Certificate says "Dr. Alpha Beta Smith":
    • Dr. A. B. Smith
    • Dr. Alpha B. Smith
    • Dr. A. Beta Smith
    • Dr. Alpha Beta Smith
  • If Registration Certificate says "Dr. Alpha Smith":
    • Dr. A. Smith
    • Dr. Alpha Smith
  • If Registration Certificate says "Dr. A. Beta Smith":
    • Dr. A. B. Smith
    • Dr. Alpha B. Smith
    • Dr. A. Beta Smith
    • Dr. Alpha Beta Smith
  • In addition to the names shown above, the corporate name must end with "Optometric Corporation" or "Optometry Corporation".