November 24 2016
HAMILTON, ON – November 24, 2016 - The following statement was issued to the Mayor Eisenberger and Members of Council today.
The following summarizes Council's decision on November 23, 2016.
The City will not appeal the decision that it's by-law is ineffective to regulate Canada Post's installation community mailboxes within the municipal road right-of-way and Canada Post will not seek any of its costs on either the application or the appeal. The City's own costs amount to $75,000. The Court of Appeal decision overturns much of the lower court ruling, in particular, re-instating the by-law which the lower court had quashed, finding that the City is within its jurisdiction in regulating equipment installations the road right-of-way, and that the by-law is not invalid or vague because it delegates discretion to the Director to grant or refuse permits.
The City will reiterate it's request to the Federal Government that it amend Canada Post's receptacles regulation to require consultation with municipalities around location when installing community mail boxes.
City of Hamilton