Newsflash: What to Do with Condo Notices if Canada Post Goes on Strike

by Shibley Righton LLP

With a possible Canada Post strike on the horizon, condominium corporations must consider how to comply with the service of notice requirements of the Condominium Act, 1998 (the Act) when mail service may be unavailable.

 The Act permits service on owners by:

• email, if the owner has provided an email address to the corporation (even by emailing property management) and the owner has not opted out of email service in writing;

• personal delivery;

• delivery to the unit or its mailbox if that is the address for service in the condominium’s records; or

• prepaid mail.
  

An owner’s address for service must be in Ontario. If an off-site address is not provided, the corporation may serve the unit.

However, if there is a postal strike and:

• the owner has given an off-site address for service in Ontario;

• the owner has either not provided an email address or has opted out of email service in writing; and

• courier notice is impractical or not feasible (e.g., too expensive),

  then:

• service may not be possible; and

• non-urgent notices (e.g., meeting notices or rule changes) may need to be postponed. This may mean delaying meetings or making changes to the rules until owners can be properly served through notices.

Condominium corporations should consider mailing a letter to owners who have not provided an email address to the corporation and who have an off-site address in Ontario. Here is a sample message:

 Subject: Help Us Keep You Informed During a Postal Strike

Dear Owner,

If Canada Post services are disrupted, we may not be able to deliver important notices by mail. To ensure you continue to receive communications promptly, please provide your email address to [Property Manager’s Email].

Thank you.

If you have questions about this, or for matters such as liens and notices of lien or other matters that are time-sensitive, consider consulting legal counsel to confirm the proper steps. Requirements for service under the Act are strict, and alternative service methods may be necessary if Canada Post services are unavailable.