All condominium corporations are now legally required to file condo returns with the Condominium Authority of Ontario (the “CAO”). Corporations have until March 31, 2018 to file their Transitional Returns and Annual Return. Such filing is done online, directly with the CAO.
What are the new Condo Returns?
The newly required Condo Returns will provide the CAO with specific information about each corporations, such as the date the corporation was created, the date of its turn-over meeting, its address for service and information about the current board of directors and management.
There are 4 types of Condo Returns:
- The Initial Return: to be filed within 90 days of the registration of a condominium corporation;
- The Turn-over Return: to be filed within 90 days of the turn-over meeting;
- The Annual Return: required to be filed every year between January 1 and March 31;
- The Transitional Return: to be filed by March 31, 2018 for all corporations created before January 1, 2018. This is a one-time requirement.
The CAO has put together a useful chart showing the differences between each of these returns.
According to the CAO’s website, all corporations in existence as of January 1, 2018 will have to file both a Transitional Return and an Annual return by March 31, 2018. Not sure why both returns are required. I would have assumed that one would have suffice. Similarly, it appears there will also be a duplication for corporations created between January 1 and March 31 of each years. These corporations will have 90 days to file their Initial Return as well as an Annual Return.
Who can file them?
The filing can be done by either:
- A director or officer of the corporation;
- The manager; or,
- An individual with knowledge of the affairs of the corporation (for example, their lawyer, accountant or auditor…).
How do you file them?
Filing can be done online, on the CAO’s website. Those corporations having registered with the CAO (… and that should be all of you!) should have received an invitation by email with key instructions on how to file your returns. The CAO has developed a very useful Guide on the required Returns and on how to file them.
What if the corporation’s information change?
In addition to these returns, corporations will have to file a Notice of change every time there is a prescribed change such as :
- a change to the address for service or to the electronic address of the corporation;
- a change in the directors elected or appointed to the board;
- a change in the condo management provider, the condo manager or a change in their address for service;
- a change in the appointment of an inspector or administrator;
Corporations will have to file these Notice of change within 30 days of such changes.
It is important to note that the re-election of a director at an AGM does not constitute a change. It is only if there is a “change” in the directors that a Notice of change must be filed.