HAMILTON – Local governments should have a say in the placement of large community mailboxes even if federal law states they can go on municipal property, a lawyer for a southern Ontario city argued in court Wednesday.
Canada Post and the City of Hamilton are locking horns over a local bylaw that requires Canada Post to obtain a $200 permit per site to install the mailboxes on municipal land.
The Crown corporation argues the bylaw infringes on federal rules that grant Canada Post final say over the location of mail receptacles.
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It also says Hamilton officials had the chance to weigh in on where the mailboxes would go but chose not to engage.
The city’s lawyer told a Hamilton court that the dispute isn’t about wresting control away from Canada Post, but about ensuring the city “has a role to play.”
The bylaw was put in place to formalize the consultation process and set out specific criteria with which to review the proposed sites, Justyna Hidalgo said.
“The city isn’t choosing a location, it’s just confirming the location chosen by Canada Post,” she said.
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The judge overseeing the case questioned whether it was necessary to create an additional layer of bureaucracy when informal consultations have worked in the past.
But Hidalgo argued the approval process must be centralized to make sure the mailboxes don’t conflict with existing infrastructure and permits.
She admitted, however, that the city hasn’t reviewed the hundreds of locations submitted by Canada Post and thus doesn’t know whether they meet the standards laid out in the bylaw.
Canada Post is in the process of installing the super mailboxes as it discontinues home mail delivery.
The case could have broad implications as similar situations arise in other Canadian municipalities.
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