We are advocates for transparency but privacy is also an important value. Does the public deserve to know the home address of each of your board members? We think probably not.
When being asked to list an address for service for an incorporator, director or officer in forms under the new Ontario Not-for-profit Corporations Act (“ONCA”), such as Articles of Incorporation (Form 5270E) and Notice of Change (Form 5284E), we suggest avoiding the listing of residential addresses where possible.
In some cases, the address for service for an incorporator, director or officer will be displayed on public documents upon request. For example, an Ontario Profile Report and issued Restated Certificate of Incorporation (together with Restated Articles of Incorporation) will display the listing of current directors and officers (including their addresses for service) on record with the Ontario Ministry of Government and Consumer Services.
It is not a requirement under ONCA that a residential address be listed as an incorporator, director or officer’s address for service. An address for service is an address where legal documents must be accepted by the incorporator / director / officer or someone on their behalf. To protect the privacy of these individuals, a place of business (provided it is not a PO Box address) or the registered office address of the corporation could be used as an alternative address for service rather than listing a residential address for each board member.
If you have 15 board members, do you really want someone to know where each of your board members lives? If not, you might want to do something about it.
The good news is that it is relatively easy to change the address listed with the Ontario government.
By the way, the same applies for Canada Not-for-profit Corporations Act (“CNCA”) corporations – you can use an address for service.
Please remember that CRA still requires home addresses for directors on a charity application and T3010 annual return but the difference is that CRA keeps that information confidential and is not available to the public.