Registration

Overview

The basic principles pertaining to professional incorporation, as set out in The Medical Profession Act, 1981 are the following:

1. A physician cannot practice medicine through a professional corporation unless that professional corporation is registered with the College of Physicians and Surgeons of Saskatchewan.

2. The corporation must be incorporated under The Business Corporations Act of Saskatchewan.

3. The corporate name must indicate that the corporation is engaged in the practice of medicine, and must contain the words "Professional Corporation" or one of the approved abbreviations.

4. The incorporating documents cannot restrict any aspect of the corporation's practice of medicine.

5. Physicians remain liable for medical negligence, whether they practice medicine in their personal capacity, or through a corporation.

6. Physicians remain accountable to the College of Physicians and Surgeons for their conduct, whether they practice medicine in their personal capacity or through a professional corporation.

7. Physicians have the same legal and ethical responsibilities to their patients, whether they practice medicine in their personal capacity or through a professional corporation.

8. All directors of the corporation must be members of the College (physicians holding a regular license, a special license, ministerial license, or a provisional license).

9. All holders of voting shares must be members of the College (physicians holding a regular license, a special license, ministerial license, or a provisional license).

10. All physicians who practice medicine through the corporation must be registered under
The Medical Profession Act, 1981. As of August 1, 2002, this permits a physician to allow persons on temporary licences (locum tenens permits) and Educational licences (residents and persons in their final year of medical school) to practice medicine by or through the professional corporation. The prohibition against persons holding such licences continues, so that such individuals still cannot be shareholders of the Professional Corporation or directors of the professional corporation.

11. No person can have a right to exercise voting control over voting shares, other than a member of the College (physicians holding a regular license, a special license, ministerial license, or a provisional license).

12. No person can have a right to exercise voting control over voting shares, other than a member of the College. 
Non-voting shares can only be owned by:
a. a member of the College; or
b. that member's spouse; or
c. that member's children; or
d. that member's parents; or
e. a corporation that meets the requirements of the Act; or
f.  a trust that meets the requirements of the Act.

13. All physicians who practice medicine through the corporation must have insurance that meets the requirements of the College's regulatory bylaws.

Corporation Information Package

 

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