In Quebec, by virtue of an Act respecting the Legal Publicity of Enterprises, automatic radiation of the registration of a business corporation has the effect of engendering the dissolution of the business corporation which was constituted in Quebec. However, it is possible to remedy such automatic radiation by submitting an application for the revocation of radiation.
In Canada, by virtue of the Canada Business Corporations Act, a business corporation of federal jurisdiction can be dissolved if it omitted among others to file its annual report during a period of one year. It is also possible to remedy retroactively this situation by filing an application for that purpose.
In Quebec, according to an Act respecting the Legal Publicity of Enterprises, the enterprise registrar can automatically radiate, having informed beforehand the business corporation about it, the registration of a business corporation which did not file its declaration of annual update during two consecutive years. If the business corporation was automatically radiated, the enterprise registrar can revoke the radiation that it made upon presentation by the business corporation of an application for revocation of the radiation accompanied by the various documents required by the aforementioned law; this business corporation will then preserve the NEQ (number of the business corporation in Quebec) which it possessed before its radiation. Revocation of radiation of the registration of a business corporation which was constituted in Quebec, has the effect of making it resume its existence and in such a case, this business corporation is deemed never to have been dissolved and its registration is deemed never to have been radiated.
In Canada, according to the Canada Business Corporations Act, the director of Corporations-Canada can dissolve, by delivering a certificate of dissolution, a business corporation of federal jurisdiction which omitted, during a period of one year, to send him the fees, notices or documents required by the aforementioned law, among others its annual report. However, the director cannot dissolve a business corporation before having given to the latter, as well as to each of its directors, an advanced notice of 120 days of his decision and before having published his notice of intention in a publication accessible to the general public. If the business corporation of federal jurisdiction has its registered office in the province of Quebec, the enterprise registrar of Quebec can, in turn, automatically radiate the registration of this business corporation if the latter did not file its declaration of annual update during two consecutive years by virtue of an Act respecting the Legal Publicity of Enterprises.