space should be developed as a key public resource for the social and economic development of
all Canadians. Accordingly, persons who wish to register a .ca domain name or sub-domain
name on and after the Operational Transfer Date (when the University of British Columbia
("
UBC") transfers operation of the .ca registry to CIRA) must meet certain Canadian PresenceRequirements.
While the Canadian Presence Requirements for Registrants set out below still
require a connection to Canada, they will enable a much broader group of persons to register a
.ca domain name than under the existing rules of UBC.
Existing Registrants under the UBC system will not have to meet these Canadian
presence requirements when they apply to re-register with CIRA a domain name that is the
subject of an existing registration. CIRA hopes this will make it easier for existing registrants of
the registry operated by UBC when they apply to CIRA for a new registration prior to the
Operational Transfer Date.
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.
2.
Canadian Presence Requirements. On and after the Operational TransferDate 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 citize
n. A Canadian citizen of the age of majority under the laws of the province orterritory in Canada in which he or she resides or last resided;
Permanent residen
t. A permanent resident as defined in the Immigration Act (Canada) who isordinarily 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 representativ
e. An executor, administrator or other legal representative of the Personslisted in paragraph (a) and (b) above;
Corporatio
n. A corporation under the laws of Canada or any province or territory of Canada;Trus
t. 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;
Partnershi
p. A partnership, more than 66 2/3 % of whose partners meet one of the conditionsset out in paragraphs (a) to (e) above, which is registered as a partnership under the laws of any
province or territory of Canada;
Associatio
n. An unincorporated organization, association or club:(i) 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
(ii) at least 80% of whose directors, officers, employees, managers,
administrators or other representatives are ordinarily resident in Canada;
Trade unio
n. A trade union which is recognized by a labour board under the laws of Canada orany province or territory of Canada and which has its head office in Canada;
Political part
y. A political party registered under a relevant electoral law of Canada or anyprovince or territory of Canada;
Educational institutio
n. Any of the following: (i) a university or college which is located inCanada 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 Museu
m. An institution, whether or not incorporated, that (i) is located inCanada 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;
Hospita
l. A hospital which is located in Canada and which is licensed, authorized or approved tooperate as a hospital under an Act of the legislature of a province or territory of Canada;
Her Majesty the Quee
n. Her Majesty Queen Elizabeth the Second and her successors;Indian ban
d. Any Indian band as defined in the Indian Act, R.S.C. 1985, c. I-5, as amendedfrom time to time, and any group of Indian bands;
Aboriginal People
s. Any Inuit, First Nation, Metis or other people indigenous to Canada, anyindividual belonging to any Inuit, First Nation, Metis or other people indigenous to Canada and
any collectivity of such Aboriginal peoples;
Governmen
t. Her Majesty the Queen in right of Canada, a province or a territory; an agent ofHer 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 Canad
a. A Person which does not meet any of the foregoingconditions, 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 mark
s. A Person which does not meet any of the foregoing conditions, but which is aPerson 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.
2. For the purposes of this policy:
(a)
"ordinarily resident in Canada" means an individual who resides in Canadafor 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, anunincorporated 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).
3. Notwithstanding paragraph 1 above, each registrant of a .ca domain name or
sub-domain name registration which is registered in the .ca registry operated by UBC prior to the
Operational Transfer Date shall be deemed to satisfy the Canadian presence requirements
described in paragraph 1 above with respect only to an application by such registrant to CIRA to
register such .ca domain name or sub-domain name.