Guides · Written by a Canadian CPA · Not legal or tax advice

The 90-day objection deadline, explained

Most CRA objection deadlines are expressed as 90 days — but 90 days from what, and what happens on day 91? Here's the full picture.

Day 0: the date printed on the notice

A notice of assessment is legally presumed sent on the date printed on it (ITA s.244(14)). Not when you opened it, not when it arrived — the printed date is Day 0, and counting starts the day after. Note the statute says "sending", not "mailing".

Electronic notices in My Account / My Business Account have their own deemed-sent rules (s.244(14.1)–(14.2)). If your notice was electronic, confirm which date counts.

The three deadline rules

SituationDeadlineSource
Income tax — individual (or graduated rate estate)The later of: one year after the tax year's filing-due date, and 90 days after the notice was sentITA s.165(1)
Income tax — corporation or other trust90 days after the day of sendingITA s.165(1)
GST/HST90 days after the day the notice is sentETA s.301(1.1)

The individual's "later of" rule is generous in a specific way: if you were assessed very late — say, three years after you filed — the one-year-after-filing-due-date limb may already have expired, and the 90-days-from-notice limb is what saves you. Either way, compute both and take the later date.

Weekends and holidays

If the deadline lands on a weekend or a federal holiday, file by the next business day to be safe. Our free deadline calculator does this shift for you automatically.

Missed it? The extension path (ITA s.166.1 / ETA s.303)

If the deadline passed, you may apply to the Minister for an extension within one year after the deadline expired. The Minister may grant or refuse — it's discretionary — if:

  1. you were unable to act, or you genuinely intended to object;
  2. granting the extension would be just and equitable;
  3. you applied as soon as circumstances permitted.

If the Minister refuses — or doesn't respond within 90 days — you may apply to the Tax Court of Canada to have the extension granted (s.166.2 for income tax, s.304 for GST/HST), within 90 days of the refusal notice.

CRA may refuse — urgency, not a safety net. The extension is a discretionary favour, not a right. If your deadline has passed, act today, not next month.

Check your deadline now

Free, no account needed. Enter the date printed on your notice and get your estimated deadline with the weekend/holiday shift applied.