Corporations Canada, under Industry Canada, has started sending out default notices to organizations that are under the new CNCA but have not filed their Form 4022 - Annual Return. The Annual Return is quite easy to complete. Here is a link to it:
http://www.ic.gc.ca/eic/site/cd-dgc.nsf/vwapj/FRM-4022-e.pdf/$file/FRM-4022-e.pdf It can also be filed online at http://www.ic.gc.ca/eic/site/cd-dgc.nsf/eng/cs04956.html
Here is the notice from Industry Canada with names removed:
“Annual Filing In Default
Canada Not-for-profit Corporations Act (NFP Act)
The above-mentioned corporation is in default of filing its 2013 annual return which was due to be filed between 2013-01-24 and
Failure to file an Annual Return may result in the dissolution of the corporation. Dissolution terminates the existence of a corporation and can have serious legal repercussions, particularly if the corporation is a registered charity under the Income Tax
File ONLINE (and pay less)- filing fee is $20.
Visit http://www.corporationscanada.ic.gc.ca and choose “File an Annual Return.”
File by EMAIL, FAX OR MAIL- filing fee is $40.
Download Form 4022 -Annual Return from our website in PDF format or contact us. Email the completed form with credit card information to . Fax the completed form to 613-941-4803 with credit card information or mail it with credit card information or with a cheque payable to the Receiver General for Canada.
OTHER REPORTING OBLIGATIONS
The corporation must keep the information regarding its registered office address and its board of directors up-to-date.
Visit the “Search for a Federal Corporation” section of our website to verify the corporation’s information and consult “Your Reporting Obligations under the Canada Not-for-profit Corporations Act (NFP Act)” to find out how to file these changes.”
Do you require legal advice with respect to Canadian or Ontario non-profits or charities?
Mark Blumberg is a partner at the law firm of Blumberg Segal LLP in Toronto and works almost exclusively in the areas of non-profit and charity law.