Note: The following is a letter provided by the Canadian Recreational Vehicle Association (CRVA), offering insight from Transport Canada into the impact of the Canada Post Strike on compliance notices and mandatory reporting.
Effective Sept. 26, The Canadian Union of Postal Workers (CUPW) launched a national strike, which will result in mail and parcels not be processed or delivered for the duration of the national strike in Canada.
All mail and parcels in the postal network will be secured and delivered as quickly as possible once operations resume.
We have received correspondence from Transport Canada who have asked us to forward to CRVA’s Membership recalling recall notices.
Transport Canada is aware of the ongoing strike by the Canadian Union of Postal Workers which may impact the delivery of notices of defect and/or notices of noncompliance to vehicle owners.
Historically, companies have employed Canada Post to deliver these notices and, in some isolated cases, couriers where expedited delivery was required. Under paragraphs 10(1)(b) and 10.1(1)(b) of the Motor Vehicle Safety Act (MVSA), companies who become aware of a defect that affects or is likely to affect the safety of any person, or a noncompliance with the regulations, are required to give a notice of defect or noncompliance to all current owners of affected vehicles or equipment and to other prescribed persons (e.g., dealers).
The MVSA and attendant regulations stipulate that owners and prescribed persons are to be notified in writing as soon as feasible, but not later than 60 days after the day the notice is given to the Minister. A strike may affect Canada Post’s ability to deliver notices to owners. Given the requirements of the MVSA and attendant regulations, any delay in delivery of notices beyond the prescribed timeframe would result in the company being in noncompliance with the MVSA.
For greater clarity, a postal strike would not absolve a company of its obligations under the MVSA to notify owners and other prescribed persons. In 2019, the regulations were amended to allow notices of defect or noncompliance to be provided electronically.
Therefore, if a company has the email addresses of its vehicle owners or can use direct to-vehicle or infotainment system notifications, those methods of communication are acceptable. Alternatively, companies may consider using courier services to ensure timely delivery of notices and compliance with the MVSA.
Read full Transport Canada letter here.
Please contact CRVA if you have any questions or need additional information.
