Response:

You are correct to be cautious here — Section 216 returns cannot be filed “through” the VDP, because Section 216 is an election, and elections are generally excluded from VDP relief.

A few key points to clarify the process:

1.VDP vs. Section 216 elections

The Voluntary Disclosures Program is intended to correct failures to report income or file required returns. It does not allow taxpayers to retroactively make or change elections under the Income Tax Act.

Since Section 216 is an elective regime (net taxation instead of 25% gross withholding), CRA does not permit a Section 216 election to be made as part of a VDP application.

2.Late-filed Section 216 returns

CRA has a separate administrative policy for accepting late-filed Section 216(1) returns, outside of VDP. This policy allows CRA, at its discretion, to accept late Section 216 filings and assess tax on net rental income, subject to conditions.

See CRA policy here:
https://www.canada.ca/en/revenue-agency/services/tax/international-non-residents/competent-authority-agreements-notices/subsection-216-1-late-filing-policy.html

Importantly:

• This is not automatic
• Penalties may be waived, but interest generally applies
• CRA may deny relief if there was prior compliance action, approved NR6 filings, or prior CRA contact on Part XIII obligations

3.How many years to file

While the rental activity dates back to 1995, in practice:

• CRA generally limits assessments to the last 10 years
• Earlier years should still be fully disclosed in the narrative, even if returns are not required for those years

Filing Form 199 for all 31 years would generally be unnecessary and impractical.

4.NR4 pension income since 2017

Canadian pension income reported on NR4 slips is already disclosed to CRA. Provided withholding was done correctly and no Part I filing (e.g. Section 217) was required, that income is typically outside the scope of the VDP.

Bottom line:
VDP can be used to disclose unreported rental income and obtain penalty relief, but Section 216 elections must be handled separately under CRA’s late-filing policy, not within the VDP itself.