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O. Reg. 262/08: GENERAL


Published: 2008-07-28

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ontario regulation 262/08

made under the

Corporations information act

Made: June 17, 2008
Filed: July 28, 2008
Published on e-Laws: July 29, 2008
Printed in The Ontario Gazette: August 16, 2008


Amending Reg. 182 of R.R.O. 1990

(General)

1. Subsection 1a (3) of Regulation 182 of the Revised Regulations of Ontario, 1990 is amended by striking out “if different from its head or registered office” at the end.

2. Section 2 of the Regulation is amended by striking out “An initial notice” in the portion before paragraph 1 and substituting “An initial return”.

3. Sections 2.1 and 2.2 of the Regulation are revoked and the following substituted:

2.1 (1) If a corporation’s last completed fiscal year ended before January 1, 2009 and it is required to file an annual return under section 3.1 of the Act, it shall deliver the return to the person or entity and in the manner and within the time specified in this section.

(2) A corporation, other than a corporation without share capital, shall deliver the annual return to the Minister of Revenue.

(3) Instead of delivering an annual return to the Minister of Revenue, a corporation referred to in subsection (2) may deliver the return to the Minister if the return is in electronic format in accordance with subsection 3 (1).

(4) A corporation referred to in subsection (2) that is not required to deliver a tax return under section 75 of the Corporations Tax Act shall deliver the annual return within six months of its financial year end.

(5) A corporation referred to in subsection (2) that is required to deliver a tax return under section 75 of the Corporations Tax Act shall,

(a) deliver the annual return, together with its tax return for its last completed taxation year, within the time period for delivery of the tax return; or

(b) deliver the annual return within the time period for delivery of the tax return, if it delivers the annual return to the Minister under subsection (3).

(6) A corporation referred to in subsection (2) that is required to deliver more than one tax return in a year under section 75 of the Corporations Tax Act is required to deliver the annual return only within the time period

that it is required to deliver its first tax return during the year.

(7) A corporation without share capital shall deliver the annual return to the Minister on the anniversary of the date of its incorporation or amalgamation, whichever is later, or within 60 days after the anniversary.

(8) An annual return under subsection (7) may be delivered to the Minister in paper form or in electronic format in accordance with subsection 3 (1).

(9) In this section,

“tax return” means a return for a taxation year that section 75 of the Corporations Tax Act

requires a corporation to deliver to the Minister of Revenue.

2.2 An annual return delivered under section 2.1 shall set out the following information in respect of the corporation as of the date of delivery:

1. The name of the corporation.

2. The Ontario corporation number of the corporation.

3. All changes in the information set out in the notice or return that the corporation most recently filed under the Act, if applicable.

4. An indication that there has been no change in the information set out in the notice or return that the corporation most recently filed under the Act, if applicable.

2.3 (1) If a corporation’s last completed fiscal year ends on or after January 1, 2009 and it is required to file an annual return under section 3.1 of the Act, it shall deliver the return to the person or entity and in the manner and within the time specified in this section.

(2) A corporation that is required to file a tax return under section 150 of the Income Tax Act (Canada) or an information return under subsection 149.1 (14) of the Income Tax Act (Canada) shall deliver the annual return to the Canada Revenue Agency.

(3) Instead of delivering an annual return to the Canada Revenue Agency, a corporation referred to in subsection (2) may deliver the return to the Minister in electronic format in accordance with subsection 3 (1) or in such other manner as the Minister approves.

(4) A corporation that is required to file a tax return under section 150 of the Income Tax Act (Canada) shall,

(a) deliver the annual return, together with its tax return for its last completed taxation year, within the time period for delivery of the tax return; or

(b) deliver the annual return within the time period for delivery of the tax return, if it delivers the annual return to the Minister under subsection (3).

(5) A corporation that is required to file an information return under subsection 149.1 (14) of the Income Tax Act (Canada) shall,

(a) deliver the annual return, together with its information return for its last completed taxation year, within the time period for delivery of the information return; or

(b) deliver the annual return within the time period for delivery of the information return, if it delivers the annual return to the Minister under subsection (3).

(6) A corporation that is required to file both a tax return under section 150 of the Income Tax Act (Canada) and an information return under subsection 149.1 (14) of the Income Tax Act

(Canada) in a year, or more than one tax return or information return in a year, is required to file the annual return only within the time period that it is required to file its first tax return or information return during the year.

(7) In this section,

“information return” means a return for a taxation year that subsection 149.1 (14) of the Income Tax Act (Canada) requires a corporation to file with the Minister of National Revenue; (“déclaration de renseignements”)

“tax return” means a return for a taxation year that section 150 of the Income Tax Act

(Canada) requires a corporation to file with the Minister of National Revenue. (“déclaration de revenu”)

2.4 An annual return delivered under section 2.3 shall set out the following information in respect of the corporation as of the date of delivery:

1. If the corporation is delivering the annual return to the Minister, the year of the return.

2. The name of the corporation.

3. The Ontario corporation number of the corporation.

4. The date of the corporation’s incorporation or amalgamation, whichever is the most recent.

5. The address of the corporation’s head or registered office, including municipality, street and number, if any, and postal code, or, if applicable, an indication that the address pre-printed on the form provided by the Minister is correct.

6. If the corporation is an extra-provincial corporation, the name of the jurisdiction in which it was incorporated, continued or amalgamated, whichever is the most recent.

7. An indication as to whether there has been a change in the information set out in the notice or return that the corporation most recently filed under the Act and, if applicable, all changes in the information.

2.5 (1) Sections 2.1 and 2.3 of this Regulation do not apply in respect of an annual return that a corporation was required to deliver before January 1, 2009 under section 3.1 of the Act as it read before the day subsection 1 (2) of Schedule B to the Strengthening Business through a Simpler Tax System Act, 2007

came into force, but that the corporation did not deliver within the required time.

(2) A corporation may deliver the annual return referred to in subsection (1) to the Minister of Revenue in paper form or in electronic format if the Minister of Revenue has approved the electronic format or to the Minister if the return is in electronic format in accordance with subsection 3 (1).

(3) A corporation may not deliver the annual return referred to in subsection (1) to the Canada Revenue Agency.

(4) An annual return delivered under this section shall set out the information listed in paragraphs 1 to 4 of section 2.2 in respect of the corporation as of the date of delivery.

2.6 A notice or return filed with the Minister under the Act in respect of a corporation shall set out the name of the corporation with only one space between each word.

4. Subsections 3 (3) and (4) of the Regulation are revoked.

5. The Regulation is amended by adding the following sections:

4. For the purposes of subsection 4 (2) of the Act, the notice of change shall repeat the information required under subsection 2 (1) or 3 (1) of the Act, whichever is applicable, and shall specify any changes that have taken place and the dates of the changes.

5. For the purposes of subsection 8 (2) of the Act, the effective date of filing for every notice and return received under the Act shall be the date that the Minister records it.

6. Section 6 of the Regulation is amended by adding the following subsection:

(3) Despite subsection (2), a corporation is exempt from filing under section 3.1 of the Act in a year if the corporation is required to file a tax return under section 150 of the Income Tax Act (Canada) but is not required to file a tax return in that year.

7. This Regulation comes into force on January 1, 2009.

 

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