Canadian Presence Requirements for Registrants
Overview
After public consultation, CIRA has determined that the .ca domain space should be developed as
a key public resource for the social and economic development of all Canadians. Persons who
wish to register a .ca domain name or sub-domain name must meet certain Canadian Presence
Requirements. CIRA is committed to reviewing these Canadian Presence Requirements from
time to time in order to ensure they remain in the best interests of Canadians and the .ca
registry.
Canadian Presence Requirements
On and after the Operational Transfer Date only the following individuals and entities will be
permitted to apply to CIRA (through a CIRA certified registrar) for the registration of, and to hold
and maintain the registration of, a .ca domain name:
Canadian citizen A Canadian citizen of the age of majority under the laws of the province or
territory in Canada in which he or she resides or last resided
Permanent resident A permanent resident as defined in the Immigration Act (Canada) who is
ordinarily resident in Canada (as defined below) and of the age of majority under the laws of the
province or territory in Canada in which he or she resides or last resided
Legal representative An executor, administrator or other legal representative of the Persons
listed in paragraph (a) and (b) above
Corporation A corporation under the laws of Canada or any province or territory of Canada
Trust A trust established and subsisting under the laws of a province or territory of Canada,
more than 66 2/3 % of whose trustees meet one of the conditions set out in paragraphs (a) to
(d) above
Partnership A partnership, more than 66 2/3 % of whose partners meet one of the conditions
set out in paragraphs (a) to (e) above, which is registered as a partnership under the laws of any
province or territory of Canada
Association An unincorporated organization, association or club:
- a) at least 80% of whose members: (A) are ordinarily resident in Canada (if such members are
individuals); or (B) meet one of the conditions set out in paragraphs (a) to (f) above (if such
members are not individuals); and
- b) at least 80% of whose directors, officers, employees, managers, administrators or other
representatives are ordinarily resident in Canada
Trade union A trade union which is recognized by a labour board under the laws of Canada or
any province or territory of Canada and which has its head office in Canada
Political party A political party registered under a relevant electoral law of Canada or any
province or territory of Canada
Educational institution Any of the following: (i) a university or college which is located in
Canada and which is authorized or recognized as a university or college under an Act of the
legislature of a province or territory of Canada; (ii) a college, post-secondary school, vocational
school, secondary school, pre-school or other school or educational institution which is located in
Canada and which is recognized by the educational authorities of a province or territory of
Canada or licensed under or maintained by an Act of Parliament of Canada or of the legislature of
a province or territory of Canada
Library, Archive or Museum An institution, whether or not incorporated, that (i) is located in
Canada and (ii) is not established or conducted for profit or does not form part of, or is not
administered or directly or indirectly controlled by, a body that is established or conducted for
profit, in which is held and maintained a collection of documents and other materials that is open
to the public or to researchers
Hospital A hospital which is located in Canada and which is licensed, authorized or approved to
operate as a hospital under an Act of the legislature of a province or territory of Canada
Indian band Any Indian band as defined in the Indian Act, R.S.C. 1985, c. I-5, as amended
from time to time, and any group of Indian bands
Aboriginal Peoples Any Inuit, First Nation, Metis or other people indigenous to Canada, any
individual belonging to any Inuit, First Nation, Metis or other people indigenous to Canada and
any collectivity of such Aboriginal peoples
Government Her Majesty the Queen in right of Canada, a province or a territory; an agent of
Her Majesty the Queen in right of Canada, of a province or of a territory; a federal, provincial or
territorial Crown corporation, government agency or government entity; and a regional, municipal
or local area government
Trade-mark registered in Canada A Person which does not meet any of the foregoing
conditions, but which is the owner of a trade-mark which is the subject of a registration under
the Trade-marks Act (Canada), but in this case such permission is limited to an application to
register a .ca domain name consisting of or including the exact word component of that
registered trade-mark; or
Official marks A Person which does not meet any of the foregoing conditions, but which is a
Person intended to be protected by Subsection 9(1) of the Trade-Marks Act (Canada) at whose
request the Registrar of Trade-marks has published notice of adoption of any badge, crest,
emblem, official mark or other mark pursuant to Subsection 9(1), but in this case such
permission is limited to an application to register a .ca domain name consisting of or including
the exact word component of such badge, crest, emblem, official mark or other mark in respect
of which such Person requested publications.
For the purposes of this policy:
- (a) “ordinarily resident in Canada” means an individual who resides in Canada for
more than 183 days in the twelve month period immediately preceding the date of
the applicable application for registration of the .ca domain name or sub-domain
name and in each twelve month period thereafter for the duration of the domain
name registration; and
- (b) “Person” includes an individual, a corporation, a partnership, a trust, an
unincorporated organization, association or club, the government of a country or any
political subdivision thereof, or any agency or department of any such government,
and the executors, administrators or other legal representatives of an individual in
such capacity, a “person” as defined in the Trade-marks Act (Canada) and a Person
intended to be protected by Subsection 9(1) of the Trade-marks Act (Canada).