Most charities in Canada are focused on their annual T3010 filing with the CRA. Generally, charities incorporated outside of Ontario also have an annual corporate filing with their home jurisdiction. Since 2008, Ontario charities have been able to fulfill this obligation by filing an additional schedule with the T3010 return and the CRA has shared this information with the Ontario government. For reasons which we surmise are related to the humiliation that this is debacle of the Ontario Not for Profit Corporations Act, this cooperation has now ended.
As of May 15, the schedule to the T3010, the RC 232 Corporations Information Act Annual Return will no longer be accepted by the CRA. While we have not yet seen amendments made to the Ontario Corporations Information Act, we expect that changes will be instituted as of May 15 requiring Ontario corporations to return to filing the appropriate annual form with the Ministry of Government and Consumer Services.
It bears mentioning that there are penalties that may be levied against corporations that fail to file the appropriate forms (which technically include dissolution of the corporation), so filing this annual return should be diarized with the annual resolutions and taken care of accordingly.
We expect that more news on this will become available and we will share it with you.
For more information on the appropriate filing check back on our website or the Ministry of Government and Consumer Services.
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By: Adam Aptowitzer
Adam Aptowitzer is the managing partner at Drache Aptowitzer LLP. He practices in the area of Charity Law and Tax Litigation. He can be reached at aaptowitzer@drache.ca.