Canada Post engages city of Hamilton in legal battle

News Apr 26, 2015 by Kevin Werner Hamilton Mountain News

Canada Post is fighting back against the city of Hamilton's legal shots to prevent the installation of super mail boxes across the mountain.

On April 24, Canada Post filed a motion to Ontario Superior Court to declare Hamilton’s recently approved bylaw invalid. The first hearing for the legal battle is scheduled for April 28.

“Canada Post has the exclusive jurisdiction over postal services in Canada and has the legal authority to install community mail boxes on municipal-owned property,” stated Canada Post spokesperson Jon Hamilton in a release.

Earlier this month Hamilton politicians approved a new section under its roads-equipment installation bylaw requiring a $200 permit and involvement of city officials in where Canada Post can locate the super mail boxes. The cost of the permit, says city officials, is to offset administrative expenses Hamilton is expected to incur.

Last week city staff acknowledged that Canada Post continued to mark and install pre-cast concrete for mail boxes despite the bylaw being in effect. Hamilton staff laid eight charges against Canada Post and its contractors.

Councillors approved a motion to institute a “restraining” order against Canada Post to stop the super mail box installations.

Canada Post has continued the installation of community mail boxes because “the bylaw referenced is invalid as it is directly in conflict with the Canada Post Corporation Act,” stated Hamilton.

The corporation is eliminating 117,000 door-to-door delivery to Hamilton homes as part of its efforts to provide more efficient service.  About 34,000 Hamilton residents already have super mail boxes.

Hamilton councillors have said other Canadian municipalities are watching to see how the legal outcome unfolds between the city and Canada Post.

City solicitor Janice Atwood-Petkovski said lawyers from the city and Canada Post have been in contact about the legal issue, but there has been limited progress.

She said the issue could “rise and fall” over the authority of Hamilton to restrict a federal agency.

“This is a Constitutional issue,” she said.

Canada Post engages city of Hamilton in legal battle

News Apr 26, 2015 by Kevin Werner Hamilton Mountain News

Canada Post is fighting back against the city of Hamilton's legal shots to prevent the installation of super mail boxes across the mountain.

On April 24, Canada Post filed a motion to Ontario Superior Court to declare Hamilton’s recently approved bylaw invalid. The first hearing for the legal battle is scheduled for April 28.

“Canada Post has the exclusive jurisdiction over postal services in Canada and has the legal authority to install community mail boxes on municipal-owned property,” stated Canada Post spokesperson Jon Hamilton in a release.

Earlier this month Hamilton politicians approved a new section under its roads-equipment installation bylaw requiring a $200 permit and involvement of city officials in where Canada Post can locate the super mail boxes. The cost of the permit, says city officials, is to offset administrative expenses Hamilton is expected to incur.

Last week city staff acknowledged that Canada Post continued to mark and install pre-cast concrete for mail boxes despite the bylaw being in effect. Hamilton staff laid eight charges against Canada Post and its contractors.

Councillors approved a motion to institute a “restraining” order against Canada Post to stop the super mail box installations.

Canada Post has continued the installation of community mail boxes because “the bylaw referenced is invalid as it is directly in conflict with the Canada Post Corporation Act,” stated Hamilton.

The corporation is eliminating 117,000 door-to-door delivery to Hamilton homes as part of its efforts to provide more efficient service.  About 34,000 Hamilton residents already have super mail boxes.

Hamilton councillors have said other Canadian municipalities are watching to see how the legal outcome unfolds between the city and Canada Post.

City solicitor Janice Atwood-Petkovski said lawyers from the city and Canada Post have been in contact about the legal issue, but there has been limited progress.

She said the issue could “rise and fall” over the authority of Hamilton to restrict a federal agency.

“This is a Constitutional issue,” she said.

Canada Post engages city of Hamilton in legal battle

News Apr 26, 2015 by Kevin Werner Hamilton Mountain News

Canada Post is fighting back against the city of Hamilton's legal shots to prevent the installation of super mail boxes across the mountain.

On April 24, Canada Post filed a motion to Ontario Superior Court to declare Hamilton’s recently approved bylaw invalid. The first hearing for the legal battle is scheduled for April 28.

“Canada Post has the exclusive jurisdiction over postal services in Canada and has the legal authority to install community mail boxes on municipal-owned property,” stated Canada Post spokesperson Jon Hamilton in a release.

Earlier this month Hamilton politicians approved a new section under its roads-equipment installation bylaw requiring a $200 permit and involvement of city officials in where Canada Post can locate the super mail boxes. The cost of the permit, says city officials, is to offset administrative expenses Hamilton is expected to incur.

Last week city staff acknowledged that Canada Post continued to mark and install pre-cast concrete for mail boxes despite the bylaw being in effect. Hamilton staff laid eight charges against Canada Post and its contractors.

Councillors approved a motion to institute a “restraining” order against Canada Post to stop the super mail box installations.

Canada Post has continued the installation of community mail boxes because “the bylaw referenced is invalid as it is directly in conflict with the Canada Post Corporation Act,” stated Hamilton.

The corporation is eliminating 117,000 door-to-door delivery to Hamilton homes as part of its efforts to provide more efficient service.  About 34,000 Hamilton residents already have super mail boxes.

Hamilton councillors have said other Canadian municipalities are watching to see how the legal outcome unfolds between the city and Canada Post.

City solicitor Janice Atwood-Petkovski said lawyers from the city and Canada Post have been in contact about the legal issue, but there has been limited progress.

She said the issue could “rise and fall” over the authority of Hamilton to restrict a federal agency.

“This is a Constitutional issue,” she said.