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Notice from Service Ontario about filings under OCA as ONCA is being launched

We received a notice from Service Ontario relating to filings prior to ONCA coming into force on October 19, 2021.  Essentially any filings done by mail under the OCA need to be completed by September 17, 2021 even though ONCA is only coming in a month later.    If they are not filed by September 17 they may be returned and will then need to be redone under the new Ontario Not-For-Profit Corporations Act (ONCA).  This is quite a gap but perhaps unavoidable with the changes coming down the path.  Hopefully, it does not cause too much disruption for Ontario corporations.

We are working with many clients on a potential move to ONCA under the new act as well as assisting Ontario corporations to move to the Federal Canada Not-for-profit Corporations Act (“CNCA”) and avoid staying in Ontario.   Contact us if you need assistance.

 

As you know, the Ontario Business Registry will launch on October 19, 2021. Please see below for reminders to be aware of as we approach the launch of the new registry.

Service Notice
On October 18, 2021, current business registry services and transactions will be paused as migration work is completed to the new Ontario Business Registry. We encourage all businesses and not-for-profit corporations to plan around this date accordingly.

To ensure that registrations, filings and other important requests submitted by mail are processed before October 18, 2021, documents must be received prior to September 17, 2021.

Documents not processed before October 18, 2021 will be returned for resubmission using the new Ontario Business Registry or by mail or email (if applicable), on new forms.

For information on the new Ontario Business Registry, please visit: Ontario.ca/BusinessRegistry.

Service Counters and Online Business Applications
As the new registry will reduce our reliance on paper-based manual processes by moving to a digital platform, six service counters across the province will no longer endorse articles submitted under the Business Corporations Act effective October 14th, and the ServiceOntario counter at 375 University Avenue in Toronto will close on October 18th.

In cases where qualified intermediaries require urgent processing of documents, there will be an option in certain circumstances to visit the ServiceOntario counter at 375 University Avenue by appointment only.  Please contact our operations specialist by phone: 647-824-5945 or email: Dilkusheen.Jayawardene@ontario.ca, to discuss your request for urgent processing.

In addition to the counter closures, as of 6:00 a.m. on October 13th, the Integrated Business Services Application (IBSA) and the Change of Business Information (COBI) application will be unavailable to allow time for data entry.

Annual Returns Exemption
Corporations with annual return filings that fall between May 15, 2021 and October 18, 2021 are exempt from filing an annual return this year. This one-time exemption only applies if the return is due during this period. Corporations that meet the criteria for the exemption should return to their regular filing schedule in 2022.

The exemption from the annual return filing requirement does not apply if your corporation’s annual return due date is October 19, 2021 or later.

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