

Quick Answer
- A CRA Notice of Non-Compliance (NoNC) is a formal notice issued by the Canada Revenue Agency under Bill C-31 when a taxpayer has failed to comply with an information or document request during an audit or review.
- The recipient has 90 days to either comply with the underlying request or file a review of the notice.
- If the taxpayer does not comply and the CRA later obtains a compliance order from the Federal Court, a penalty of 10% of the tax payable for each year the notice remains outstanding may apply, but only where the tax owing for that year exceeds $50,000.
- The NoNC regime applies Canada-wide to individuals, sole proprietors, corporations, and trusts.
- Ignoring a NoNC is costly; a timely, documented response is almost always the cheaper path.
Why Canadians are suddenly hearing about Notices of Non-Compliance
A small business owner in Mississauga opens the mail, sees the CRA logo, and feels her stomach drop. The letter is not a reassessment or a familiar audit request. It is something new: a Notice of Non-Compliance, with a 90-day clock printed near the top.
If that scenario sounds unsettling, you are not alone. The NoNC is a tool the Canada Revenue Agency only recently gained under Bill C-31, and it quietly changes the cost of ignoring a CRA information request. Where a missed request used to lead to escalating letters, it can now lead to a Federal Court compliance order and a penalty worth 10% of the tax owing for each year the notice stayed open.
The good news is that the regime is predictable, the timeline is clear, and the right response in the first week usually prevents the worst outcomes. For broader context on how CRA powers have expanded recently, see our overview of the new CRA compliance regulations.
Quick start: pick your path
If you are not sure which path fits, start by browsing more guidance on the ClearWealth Insights blog and then move into the body of this article.
What a Notice of Non-Compliance actually is (and what it is not)
The notice is new under Bill C-31, but it builds on existing CRA audit powers in sections 231.1 and 231.2 of the Income Tax Act. Those sections give the CRA the right to request records, interviews, and other information from any taxpayer or third party. The NoNC is what the CRA may now issue when that request is refused or ignored.
Three things it is not. It is not a Notice of Reassessment, which changes the tax you owe for a given year. It is not a Notice of Objection, which is the formal taxpayer tool for disputing a reassessment. And it is not an audit itself; it is a consequence of not cooperating with one. For a wider overview of how CRA audits unfold, see our guide to surviving a CRA audit.
Notice of Non-Compliance vs other CRA notices: a side-by-side view
CRA correspondence can feel interchangeable until you compare the notices side by side. Knowing which type of letter you are holding changes the deadline that matters, the risk you face, and the kind of help you need.
The Notice of Non-Compliance sits between a Requirement letter (the formal request for information) and a Compliance Order (the Federal Court order that activates the 10% penalty). Treating all three as the same type of letter is a common and expensive mistake. If your file involves disagreement with a reassessment rather than a compliance request, see our walkthrough on filing a Notice of Objection.
| Notice type | What triggers it | Response window | Penalty exposure | Appeal route |
|---|---|---|---|---|
| Notice of Non-Compliance | Failure to comply with a CRA information request | 90 days | 10% of tax owing per year, if compliance order granted | Review within 90 days |
| Notice of Reassessment | CRA changes the tax owing after a return has been filed | 90 days to file objection | Additional tax, interest, possible gross-negligence penalty | Notice of Objection |
| Requirement to Provide Information | Formal CRA demand for records or information | Set out in the letter, often 30 days | Risk of escalation to NoNC or court application | Limited – mostly judicial review |
| Compliance Order | Federal Court order sought after NoNC is ignored | Set by the Court | Activates the 10% penalty per year outstanding | Federal Court of Appeal |
The new penalties: how the 10% charge is calculated
The mechanics are easier to follow with a working example. Imagine an incorporated contractor who owes $200,000 of corporate tax for the 2024 tax year and does not respond to the CRA document request. After the 90-day NoNC window closes, the CRA applies to the Federal Court for a compliance order. If the order is granted and non-compliance has stretched across two tax years, the penalty exposure may reach 10% of the tax owing per year, which can produce a figure in the tens of thousands of dollars on top of the original tax.
Three features of this penalty matter most. It applies per year, not once; it does not apply if your tax owing for the year is $50,000 or less; and it comes on top of any other penalties the CRA may assess, such as late-filing penalties on T4 and T5 information returns. The intent of Bill C-31 is to make non-cooperation more expensive than cooperation.
Step-by-step: what to do in the 90 days after you receive a NoNC
A Notice of Non-Compliance is intimidating, but the response path is reasonably clear. Working through the steps below in order typically produces the best outcome and the lowest cost.
- 1Confirm the notice is genuineVerify the CRA sender details, cross-check against your CRA My Business Account or My Account, and never provide personal information in response to a phone call or email until you have logged in and confirmed the file exists.
- 2Log the dates immediatelyMark the date of issue, the Day 90 deadline, and intermediate check-in dates in two places (calendar plus a working file). The 90-day window is strict.
- 3Read the underlying information request carefullyThe NoNC is tied to a specific earlier request from the CRA; locate it, re-read it, and list exactly what is being asked for.
- 4Gather the records being requestedPull invoices, bank statements, contracts, HST filings, payroll records, or whatever the CRA has listed. Partial compliance is usually better than silence, but complete compliance is best.
- 5Decide between complying and challenging the noticeMost taxpayers should comply. If you believe the notice is factually wrong or the request is unreasonable, you can file for review within the 90-day window.
- 6Engage a qualified accountant before you respondAn accountant can shape your response, identify any protected information, and communicate with the CRA on your behalf under authorization.
- 7Document every exchangeKeep copies of every submission, every CRA reply, and every phone log. If the matter later escalates to Federal Court, this record becomes essential evidence.
Can voluntary disclosure help if you expect a NoNC?
Sometimes a taxpayer sees a NoNC coming because they already know a return is incomplete or that income was not fully reported. In those cases, acting first through the CRA Voluntary Disclosures Program (VDP) can be far cheaper than waiting.
The VDP is a CRA relief program that allows taxpayers to proactively correct past tax filings and, if the application is accepted, receive relief from penalties and partial relief from interest. Importantly, the VDP generally cannot be used once the CRA has already contacted you about the issue, which is why the window often closes the moment a Requirement letter or NoNC arrives. Our deep-dive on the Voluntary Disclosures Program covers eligibility in detail.
Common mistakes taxpayers make with a Notice of Non-Compliance
Most of the cost from a NoNC comes from avoidable missteps in the first few weeks, not from the underlying tax issue. The patterns below show up in our files consistently.
- →Assuming the notice is a scam and discarding it. Scam letters imitate CRA formatting, so a real NoNC often gets filed with the junk mail. Always verify through your CRA online account before deciding a letter is fake.
- →Missing the 90-day window by a few days. The clock does not pause for holidays, vacations, or illness, and reinstatement after Day 90 is rare.
- →Partial compliance that leaves the main request unanswered. Sending some documents but not the ones the CRA asked for is treated as non-compliance.
- →Attempting a DIY response to a Federal Court application. Once the CRA moves for a compliance order, you need professional representation.
- →Destroying records to avoid producing them. This creates separate and typically more serious penalties under the Income Tax Act, and in some cases criminal exposure.
- →Ignoring the CRA follow-up questions after you submit documents. The 90-day clock may be met, but the file stays open until the CRA closes it in writing. For a wider view, see our list of CRA audit mistakes small businesses make.
Frequently asked questions
What is a CRA Notice of Non-Compliance in plain language?
How long do I have to respond to a CRA Notice of Non-Compliance?
How is the 10% CRA compliance order penalty actually calculated?
Does the Notice of Non-Compliance apply to me if my tax owing is under $50,000?
Can I appeal a Notice of Non-Compliance?
What is the difference between a Notice of Non-Compliance and a Notice of Reassessment?
Will the CRA take me to court if I ignore a Notice of Non-Compliance?
Can an accountant respond to a CRA Notice of Non-Compliance on my behalf?
Dealing with a CRA notice? Get the first 48 hours right.
ClearWealth Accounting Advisors represents individuals, sole proprietors, and incorporated businesses across Ontario in CRA disputes and audits, with deep experience in voluntary disclosures and compliance order responses. Book a confidential consultation to walk through your notice, your options, and your 90-day plan.
Book a ConsultationSources & References
- Canada Revenue Agency — Notices of Non-Compliance and expanded information gathering powers: canada.ca/en/revenue-agency
- Department of Finance Canada — Bill C-31 technical notes: canada.ca/en/department-finance
- Income Tax Act (Canada), sections 231.1, 231.2, 231.7: laws-lois.justice.gc.ca
- CRA Audits of businesses: canada.ca audits page
- CRA Voluntary Disclosures Program: canada.ca VDP overview
- CRA Departmental Results Report: canada.ca departmental results
