DOCUMENT 1 – Proposed Taxi Licensing By-law

 

BY-LAW NO.

 

                        A by-law of the City of Ottawa to provide for the licensing, regulating and governing of taxicabs, taxicab drivers, taxi plate holders and taxicab brokers in the regulated area of the City of Ottawa.

 

                        WHEREAS subsection 150(1) of the Municipal Act, 2001, S.O. 2001, Chap. 25, as amended, authorizes a municipality to license, regulate and govern any business carried out wholly or partly within the municipality;

 

                        AND WHEREAS section 155 of the Municipal Act, 2001 provides further authority for the licensing, regulating and governing of the owners and drivers of taxicabs;

 

                        AND WHEREAS subsection 150(2) of the Municipal Act, 2001 provides that a municipality may only exercise its licensing powers for the purposes of health and safety, nuisance control or consumer protection;

 

                        AND WHEREAS the City of Ottawa Act (Taxicabs), 2001 permits council to define the area or areas within the City to which a by-law to license, regulate and govern the owners and drivers of taxicabs will apply;

 

                        AND WHEREAS City Council at its meeting of       , determined that it is appropriate to license taxicab drivers, taxicab plate holders and taxicab brokers for the purposes of health and safety and consumer protection to ensure an efficient taxicab service is available to all persons within the regulated area of the City of Ottawa and that such taxicab service is provided in a manner that provides a safe environment for both passengers and drivers;

 

                        THEREFORE the Council of the City of Ottawa enacts as follows:

 

DEFINITIONS AND INTERPRETATION

 

DEFINITIONS

 

1.                     In this by-law,

 

“Accessible Priority List” means the list of eligible persons maintained by the Chief Licence Inspector in accordance with the provisions of this by-law;

 

“accessible taxicab” means a taxicab,

(a)        that is used for the provision of taxicab service to persons with disabilities;

(b)        that is subject to federal and provincial legislation applicable to the transportation of persons with disabilities; and

(c)                that has been issued an accessible taxi plate;

 

“accessible taxicab driver” means an individual engaged in the driving or operating of an accessible taxicab for the provision of taxicab service;

 

“accessible taxicab driver licence” means a licence issued to an accessible taxicab driver pursuant to the by-law;

 

“Accessible Taxicab Training Course” means the accessible taxicab training course as customized and licensed to the City of Ottawa by the City of Toronto;

 

“accessible taxi plate holder” means a person to whom an accessible taxi plate holder licence and accompanying taxi plate have been issued pursuant to this by-law;

 

“applicant” means a person applying for a licence or for the renewal of a licence pursuant this by-law;

 

“By-law Officer” means a person appointed by Council to enforce the provisions of this by-law and who may be referred to as an Inspector or Officer;

 

“Chief Licence Inspector” means the person occupying the position of Director of By-law Services in the Community and Protective Services Department of the City of Ottawa or authorized subordinates or assistants or By-law Officers;

 

“Chief of Police” means the Chief of Police of the Ottawa Police Service or an authorized representative;

 

“City Solicitor” means the person occupying the position of City Solicitor of the City of Ottawa or an authorized representative;

 

“City” means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires:

 

“Council” means the Council of the City of Ottawa;

 

“dispatch” means the act or service of sending or directing a taxicab, by electronic or any other means, to a person or persons who have requested taxicab service but does not include a request made directly to a taxicab driver;

 

“fare” means  the charge or fee for taxicab service as displayed on a taximeter;

 

“Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, c, H.8, as amended and any regulations made thereunder;

 

“his or her taxicab” ,when used in reference to a taxicab driver, means the taxicab being driven by the particular driver;

 

“licence” means a licence issued under this by-law;

 

“Licence Committee” means the committee of Council known as the Licence Committee;

 

“licensee” means a person holding a licence in accordance with this by-law;

 

“limousine” means a motor vehicle that is used for hire for the purpose of transporting persons and is licensed as a limousine pursuant to By-law No. 2002-189, as amended, being the Licensing By-law;

 

“low emission vehicle” means a motor vehicle that is equipped to operate on propane or natural gas;

 

“motor vehicle” means a motor vehicle as defined in the Highway Traffic Act;

 

“Notice of Election” means the form approved by the Chief Licence Inspector outlining options available with respect to attendance at the Accessible Taxicab Training Course;

 

“passenger” means an individual in a taxicab other than the taxicab driver;

 

“person with a disability” means a person who has a persistent physical, mental, psychiatric or sensory impairment;

 

“protective shield” means a complete barrier installed between the front and rear seats of a motor vehicle that prevents physical contact between the driver and a rear seat passenger, and that is designed to meet the requirements of:

(a)                the Highway Traffic Act with respect to the use of the vehicle’s seat belts and driver clear vision to the rear of the motor vehicle by its mirrors; and

(b)               the Motor Vehicle Safety Act, 1993, S.C. c.16, as amended, and regulations made thereunder;

 

“Refresher Training Course” means the refresher taxicab driver training course approved by the Chief Licence Inspector and provided by the City or a recognized educational institution on behalf of the City;

 

“regulated area” means the area set out in Schedule “A” to this by-law;

 

“service animal” means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a special skills dog for other persons with a disability and includes an animal used in therapy, registered with a recognized organization for that purpose;

 

“standard taxicab” means a taxicab in respect of which an original taxi plate was issued prior to January 1, 2004 with the licence and includes any replacement plate issued for the original taxi plate regardless of when such replacement plate is issued.;

 

“standard taxicab driver” means an individual engaged in the driving or operating of a standard taxicab for the provision of taxicab service;

 

“standard taxicab driver licence” means a licence issued by the City to a standard taxicab driver pursuant to this by-law;

 

“standard taxi plate holder” means a person to whom a standard taxi plate holder licence and accompanying taxi plate have been issued pursuant to this by-law;

 

“tariff” means the rate for calculating a fare permitted by the City to be charged to a passenger in accordance with Schedule “B” to this by-law;

 

“tariff card” means the card issued by the City setting out the tariff permitted to be charged to a passenger in accordance with Schedule “B” to this by-law;

 

“taxi plate” means the metal plate issued by the City to be affixed to the taxicab;

 

“taxicab” means a motor vehicle with seating capacity of not more than seven (7) individuals, including the driver, that is intended to be used or is actually used for hire for the purpose of transporting a person and includes an accessible taxicab and a standard taxicab but does not include a limousine;

 

”taxicab broker” means a person who accepts calls in any manner for the dispatch of taxicabs and which taxicabs are not owned by that person or that person’s immediate family or employer;

 

“taxicab broker licence” means a licence issued by the City to a taxicab broker pursuant to this by-law;

 

“Taxicab Driver Education Program” means the standard taxicab training course approved by the Chief Licence Inspector and provided by the City or a recognized educational institution on behalf of the City;

 

“taxicab service” means the transportation of a passenger by taxicab from a point in the regulated area to any point within or beyond the regulated area;

 

“taxicab stand” means an area or zone designated as an exclusive stopping place for taxicabs at which a passenger may enter or exit a taxicab;

 

“taximeter” means a mechanical or electronic device that,

(a)                  is operated by a power drive cable attached to the transmission of the taxicab,

(b)                 measures mechanically the distance travelled and computes the fare to be charged, and

(c)                  contains a timing device to compute that portion of the fare to be charged for waiting time;

 

“to provide” when used in relation to taxicab services includes to furnish, perform, solicit or give such services and “providing” or “provision” have corresponding meanings;

 

“trip” means the distance and time traveled measured from the time and location at  which the passenger enters the taxicab until the time the passenger exits from the taxicab at the final destination.

 

INTERPRETATION

 

2.         (1)        This by-law includes the schedules annexed here to and the schedules are hereby

declared to form part of this by-law and enact the regulation, the description or

the map they contain.

 

            (2)        The rules in this section apply to this by-law, unless a contrary intention is

evident from the context.

 

            (3)        Unless otherwise defined, the words and phrases used in this by-law have their

normal and ordinary meaning.

 

(4)        This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.

 

(5)        Words in the singular include the plural and words in the plural include the singular.

 

(6 )       It is declared that any section, subsection or part thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

 

(7)        Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

 

(8)        Upon the expiration of the time prescribed for the doing of any act or the taking of any proceeding, the Chief Licence Inspector, the Licence Committee and the Council are divested of all jurisdiction to deal with the application and the times prescribed shall not be enlarged or abridged or attempted to be enlarged or abridged by any of them.

 

(9)        Where notice is sent by registered mail, the date of service on the applicant is the date of the next workday following the date of mailing.

 

(10)      Where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be standard time, provided however, if what is known as “daylight saving time” has been generally adopted in the City for any period of the year, under any statute, order-in-council, by-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law.

 

GENERAL REQUIREMENTS

 

PROVISION OF TAXICAB SERVICE

 

3.                                          No person shall drive or operate a taxicab for the purpose of providing taxicab service unless the person is the holder of a current taxicab driver licence.

 

4.                     No person shall provide taxicab service unless the motor vehicle used for the provision of such service has a current taxi plate affixed to the motor vehicle with such plate bearing a validation sticker for the current licensing year.

 

5.                     No person who is licensed as a taxi plate holder shall permit his or her taxi plate to be affixed to a motor vehicle other than the motor vehicle for which the plate was issued.

 

6.                     No person shall dispatch taxicabs within the regulated area unless the person is the holder of a valid taxicab broker licence. 

 

7.                     No licensed standard taxicab driver shall drive or operate an accessible taxicab for the purpose of providing taxicab service.

 

LICENCE REQUIREMENTS

 

STANDARD TAXICAB DRIVER LICENCE REQUIREMENTS

 

8.                  (1)      No applicant for a standard taxicab driver licence shall be issued a licence unless and until the applicant has provided the Chief Licence Inspector with the following information:

                        (a)        a completed application for a taxicab driver licence;

                        (b)        satisfactory proof that the applicant is eighteen (18) years of age or more;

                        (c)        a current valid Class G driver’s licence issued by the Province of Ontario pursuant to the Highway Traffic Act or a current valid driver’s licence of the appropriate class issued by the Province of Quebec;

                        (d)        original documents from the issuing agency outlining the results of investigations related to the applicant for a Police Record Check for persons seeking employment to serve the vulnerable sector of the population dated less than thirty (30) days prior to the date of the application for a licence;

(e)        an acceptable Statement of Driving Record issued within thirty (30) days prior to the application by the Ontario Ministry of Transportation- Safety and Regulations Division or the Quebec Controle du Transport Routier;

(f)         on or before August 31, 2006, a Certificate confirming that he or she has successfully completed the Taxicab Driver Education Program within two (2) years immediately preceding the application;

(g)        on or after September 1, 2006, a Certificate confirming that he or she has successfully completed the Taxicab Driver Education Program within two (2) years immediately preceding the application and confirming that he or she has successfully completed the Accessible Taxicab Training Course within two (2) years immediately preceding the application;

(h)        a declaration signed by the applicant confirming that he or she does not have any current outstanding criminal charges or warrants pending before any courts;

(i)         the name and address of the taxi plate holder who will be the business affiliate or employer of the applicant;

(j)         satisfactory proof that the applicant does not have a driver’s licence under suspension in any province or territory; and

(k)               the fees set out in Schedule “C” to this by-law.

 

            (2)        Despite clause (k) of subsection (1), where the original application for a standard taxicab driver licence is filed after the expiry of the first six months of the licence period, the applicant shall pay one-half of the licence fee set out in Schedule “C”.

 

            (3)        Upon issuance of a standard taxicab driver licence, the Chief Licence Inspector shall furnish to the licensee the licence certificate.

 

STANDARD TAXICAB DRIVER LICENCE – CONDITIONS OF RENEWAL

 

9.         (1)        A standard taxicab driver licence issued pursuant to this by-law shall be valid for a period not exceeding one (1) year and shall expire on the date set out in Schedule “C”.

 

            (2)        A standard taxicab driver licence may be renewed upon the standard taxicab driver providing the following information to the Chief Licence Inspector prior to the expiry date of his or her current taxicab driver licence:

(a)                a completed renewal application for a standard taxicab driver licence;

(b)               all information to be submitted pursuant to Section 8 save and except the information required by clauses 8(a), 8(b), 8(f) and 8(g);

(c)        proof of successful completion of the Refresher Taxicab Training Course in accordance with Section 58; and

(d)                 the renewal fee and late fee, if applicable, as set out in Schedule “C” to this by-law.

 

10.                   Despite subsection 9(2) clause (b), the information required by Section 8, clause (d) shall only be required every two years commencing on March 1, 2008.

 

11.       (1)        In the event of a standard taxicab driver licensee not renewing the licence on or before its expiration, the standard taxicab driver licensee may renew the licence by making application therefor as provided in Section 9 up to and including the thirtieth day after the expiration of the licence and shall pay at the time of the issuance of the standard taxicab driver licence the licence fee and the late fee as set out in Schedule “C”.

 

            (2)        In the event the standard taxicab driver licence is not renewed on or before the thirtieth day after its expiration, the standard taxicab driver licensee ceases to be a licensee.

 

ACCESSIBLE TAXICAB DRIVER LICENCE REQUIREMENTS AND RENEWAL CONDITIONS

 

12.       (1)        The provisions of Section 8 shall apply to the applicant for an accessible taxicab driver licence.

 

(2)        In addition to the requirements of subsection (1), no applicant for an accessible taxicab driver licence shall be issued a licence unless the applicant files a Certificate confirming that he or she has successfully completed the Accessible Taxicab Training Course within two (2) years immediately preceding the application.

 

            (3)        Upon issuance of an accessible taxicab driver licence, the chief Licence Inspector shall furnish to the licensee the licence certificate.

 

13.                   The provisions of Sections 9, 10 and 11 shall apply to an application by an accessible taxicab driver licensee to renew an accessible taxicab driver licence.

 

STANDARD TAXI PLATE HOLDER LICENCE REQUIREMENTS

 

14.       (1)        No applicant for a standard taxi plate holder licence shall be issued a licence unless the applicant has provided the Chief Licence Inspector with the following information:

(a)                a completed application for a taxi plate holder licence;

(b)               proof that the applicant is not less than eighteen (18) years of age, where the applicant is an individual;

                        (c)        if a corporation, file copies of the letters of incorporation or other incorporating documents, duly certified by the proper government official or department, together with an annual return which contains a list of all shareholders of the corporation;

                        (d)        if a partnership, provide the names and addresses of each member of the partnership as well as the name under which the partnership intends to carry on business;

(e)        proof that the applicant holds a valid taxicab driver licence issued by the City, where the applicant is an individual;

            (f)         proof of insurance in accordance with the requirements of Section 48 of this by-law;

            (g)        proof that the motor vehicle in respect of which the taxi plate holder licence is applied for complies with the vehicle standards set out in Sections 41, 43 and 46 of this by-law;

            (h)        a current Ontario Ministry of Transportation Safety Standards Certificate for the motor vehicle for which the taxi plate holder licence is applied;

            (i)         proof that the applicant is the holder of a current valid motor vehicle permit issued pursuant to the Highway Traffic Act for the motor vehicle for which the taxi plate holder licence is applied or the applicant has provided a signed copy of a leasing agreement for the provision of a motor vehicle as provided for in Section 40 hereof.

            (j)         the vehicle identification number (“VIN”) of the motor vehicle for which the taxi plate holder licence is applied and to which the applicant shall affix the taxi plate;

(k)               the fee set out in Schedule “C” to this by-law.

 

            (2)        Despite clause (k) of subsection (1), where the original application for a standard taxi plate holder licence is filed after the expiry of the first six months of the licence period, the applicant shall pay one-half of the licence fee set out in Schedule “C”.

 

ISSUANCE OF STANDARD TAXI PLATES

 

15.       (1)        A separate standard taxi plate holder licence shall be obtained for each standard taxicab to be provided pursuant to this by-law.

 

            (2)        Upon issuance of a standard taxi plate holder licence, the Chief Licence Inspector shall furnish to the licensee the licence certificate, the taxi plate and the validation sticker bearing the current taxi licensing year.

 

            (3)        A taxi plate issued by the Chief Licence Inspector pursuant to subsection (2) shall be affixed to the motor vehicle indicated on the application form and the taxi plate shall have a validation sticker issued by the Chief Licence Inspector bearing the current taxi licensing year.

 

(4)               All taxi plates shall remain the sole and exclusive property of the City at all times.

 

 

CONDITIONS OF RENEWAL – STANDARD TAXI PLATE HOLDER LICENCE

 

16.       (1)        A standard taxi plate holder licence issued by the City shall be valid for a period not exceeding one (1) year and shall expire on the expiry date set out in Schedule “C” to this by-law.

 

            (2)        A standard taxi plate holder licence may be renewed upon the standard taxi plate holder licensee providing to the Chief Licence Inspector prior to the expiry date of his or her existing standard taxi plate holder licence the following information:

(a)        a completed renewal application form for a standard taxi plate holder licence;

(b)        proof of insurance in accordance with Section 48;

(c)        a current valid motor vehicle permit issued pursuant to the Highway Traffic Act with respect to the motor vehicle upon which the taxi plate holder shall affix the taxi plate;

(d)        a valid taxicab driver licence, if an individual; and

(e)        the renewal fee and late fee if applicable, as set out in Schedule “C” to this by-law.

 

17.       (1)        In the event of a standard taxi plate holder licensee not renewing the licence on or before its expiration, the standard taxi plate holder licensee may renew the licence by making application therefore as provided in Section 16 up to and including the thirtieth day after the expiration of the licence and shall pay at the time of the issuance of the standard taxi plate holder licence the licence fee and the late fee as set out in Schedule “C”.

 

            (2)        In the event the standard taxi plate holder licence is not renewed on or before the thirtieth day after its expiration, the standard taxi plate holder licensee ceases to be a licensee and the plate shall be forfeited and returned immediately to the Chief Licence Inspector who may offer the plate as an accessible plate holder licence to the persons on the Accessible Priority List in order of priority.

 

            (3)        If the standard taxi plate holder licensee has not made application for renewal by the fifteenth day after expiration of the licence, the Chief Licence Inspector shall provide written notice to the licensee by registered mail to the last known address of the licensee.

 

(4)        The notice shall contain information regarding the last date for renewal and notification that if the licensee fails to renew by the thirtieth day after expiration of the licence, the standard taxi plate holder licensee ceases to be a licensee and the taxi plate is forfeited.

 

ACCESSIBLE TAXI PLATE HOLDER LICENCES AND RENEWAL CONDITIONS

 

18.                   The applicant for an accessible taxi plate holder licence shall comply with the requirements of Section 14 and shall also provide proof that the motor vehicle meets the federal and provincial requirements applicable to the transportation of persons with a disability and that the applicant holds a valid accessible taxicab driver licence.

 

           

 

19.                   The provisions of Sections 16 and 17 apply to the renewal of an accessible taxi plate holder licence.

 

ISSUANCE OF ACCESSIBLE TAXI PLATES

 

20.       (1)        A separate accessible taxi plate holder licence shall be obtained for each accessible taxicab to be provided pursuant to this by-law.

 

            (2)        Upon issuance of an accessible taxi plate holder licence, the Chief Licence Inspector shall furnish to the licensee the licence certificate, the taxi plate and the validation sticker bearing the current taxi licensing year.

 

            (3)        A taxi plate issued by the Chief Licence Inspector pursuant to subsection (2) shall be affixed to the motor vehicle indicated on the application form and the taxi plate shall have a validation sticker issued by the Chief Licence Inspector bearing the current taxi licensing year.

 

(4)        All taxi plates shall remain the sole and exclusive property of the City at all times.

 

NUMBER OF STANDARD AND ACCESSIBLE TAXI PLATE HOLDER LICENCES

 

21.       (1)        The maximum number of standard taxi plate holder licences and accessible taxi plate holder licences shall not, at any time, exceed one (1) licence for every seven hundred and eighty four (784) residents in the regulated area.

 

(2)               Despite subsection (1), commencing in 2006 until the end of 2009, the Chief Licence Inspector shall issue no more than 40 accessible taxi plate holder licences annually to persons on the Accessible Priority list who qualify for such licences.

 

            (3)        Despite subsection (2), the Chief Licence Inspector is authorized to carry over and issue in subsequent years non-issued accessible taxi plate holder licences until the end of 2009 or until all the 160 accessible taxi plate holder licences are issued, whichever event comes first.

 

APPLICATION FOR TAXICAB BROKER LICENCE

 

22.       (1)        No applicant for a taxicab broker licence shall be issued a licence unless the applicant has provided the Chief Licence Inspector with the following:

                        (a)        a completed application for a taxicab broker licence;

                        (b)        proof that the applicant is at least eighteen (18) years of age, where the applicant is an individual;

                        (c)        if a corporation, file copies of the letters of incorporation or other incorporating documents, duly certified by the proper government official or department, together with an annual return which contains a list of all shareholders of the corporation;

                        (d)        if a partnership, provide the names and addresses of each member of the partnership as well as the name under which the partnership intends to carry on business;

                        (e)        the municipal address from which the applicant will be providing dispatching services;

                        (f)         the fee set out in Schedule “C” to this by-law.

 

            (2)        Upon issuance of a taxicab broker licence, the Chief Licence Inspector shall furnish to the licensee the licence certificate.

 

            (3)        Despite clause (f) of subsection (1), where the original application for a taxicab broker licence is filed after the expiry of the first six months of the licence period, the applicant shall pay one-half of the licence fee set out in Schedule “C”.

 

CONDITIONS OF RENEWAL

 

23.       (1)        A taxicab broker licence issued by the City shall be valid for a period not exceeding one (1) year and shall expire on the expiry date set out in Schedule “C” to this by-law.

 

            (2)        A taxicab broker licence may be renewed by the City upon the licensed taxicab broker providing to the Chief Licence Inspector, prior to the expiry date of his or her current taxicab broker licence:

(a)                a completed renewal application for a taxicab broker licence;

(b)               proof of  compliance with the requirement to maintain a permanent office for conducting dispatch service; and

(c)                the renewal fee and late fee, if applicable, as set out in Schedule “C” to this by-law.

 

24.       (1)        In the event of a taxicab broker licensee not renewing the licence on or before its expiration, the licensee may renew the licence by making application therefor as provided in Section 23 up to and including the thirtieth day after the expiration of the licence and shall pay at the time of the issuance of the licence the licence fee and the late fee as set out in Schedule “C”.

 

            (2)        In the event the licence is not renewed on or before the thirtieth day after its expiration, the taxicab broker licensee ceases to be a licensee.

 

REGULATIONS

 

STANDARD AND ACCESSIBLE TAXICAB DRIVER REGULATIONS

 

25.                   No licensed standard taxicab driver or licensed accessible taxicab driver, while engaged in the provision of taxicab service, shall fail to,

 

(1)               carry his or her licence on his or her person or in his or her taxicab;

 

(2)               produce for inspection his or her licence when requested to do so by a By-law Officer;

 

(3)               be neat and clean in personal appearance and well-dressed;

 

(4)               behave civilly and courteously at all times to passengers and other members of the public;

 

            (5)        carry only the number of passengers or less in his or her taxicab that is set out in the manufacturer’s rating of seating capacity;

 

            (6)        place luggage or any object in, on or attached to the taxicab in a manner so as not to obstruct the taxicab driver’s view of the highway;

 

            (7)        use the current tariff card obtained from the Chief Licence Inspector;

 

(8)               charge a passenger any fare other than the one calculated in accordance with the current tariff card issued by the City;

 

(9)        charge only a single fare for each trip;

 

            (10)      accept as payment for the fare, any one or a combination of Canadian currency, United States currency or any other acceptable method of payment;

 

            (11)      calculate the conversion to Canadian currency if United States currency is tendered by the passenger in payment of the fare on the basis of the current rate of exchange as disclosed by a chartered bank or financial institution on the date that the currency is tendered by the passenger;

 

(12)           accept credit card payments;

 

            (13)      ensure the current taxicab driver identification card issued by the City is prominently displayed in the vehicle so as to be readable under daytime and night time conditions by any passenger inside the vehicle;

                       

            (14)      ensure that the current tariff card issued by the City is prominently displayed in the taxicab at all times so that it is readable under daytime and night time conditions;

 

(15)           provide taxicab service with the taximeter in operation;

 

(16)           take the most direct route possible to the requested destination unless directed otherwise by the passenger;

 

(17)           keep all appointments and engagements punctually;

 

(18)           deliver all property, goods or money left in error by any passenger in the taxicab within twenty-four (24) hours to such passenger or notify the passenger where such property, goods or money may be recovered or, if such passenger is unknown, deliver the property, goods or money to the office of the taxicab broker that dispatched the request for taxicab service immediately;

 

(19)           examine the taxicab for any visible or audible mechanical defects and interior or exterior damage each day before commencing the operation of the taxicab;

 

(20)      report any known defects in the taxicab or damage occasioned in the taxicab forthwith to the owner of the taxicab;

 

(21)      ensure that the taxicab which he or she is driving is maintained,

(a)                in a clean condition as to its exterior;

(b)               in a clean, dry and odour-free condition as to its interior;

(c)                free of articles or debris left by passengers after each trip; and

(d)               free of personal property of the taxicab driver not required in the conduct of ordinary driving duties;

 

            (22)      ensure that the roof sign provided by the taxi plate holder is securely affixed to the roof of the taxicab provided that the roof sign may be removed when the taxicab is used for personal use;

 

            (23)      ensure that the roof sign is illuminated one-half hour before sunset until one-half hour after sunrise while the taxicab is available for hire;

 

            (24)      ensure that the roof sign and the taximeter are connected in such a manner that the illumination in the roof sign is automatically extinguished when the taximeter is engaged and is illuminated when the taxicab is available for hire;

 

(25)      provide to a passenger, if requested, a receipt showing:

(a)                the name and signature of the taxicab driver;

(b)               the taxicab driver’s number;

(c)                the taxi plate number for the taxicab;

(d)               the date and time of the trip;

(e)                the points of origin and destination of the trip;

(f)                 the cost of the trip, indicating the Goods and Services Tax (GST) included in the fare;

 

            (26)      take a position at the back of any line formed by taxicabs already in a taxicab stand upon entering the taxicab stand;

 

(27)      open the trunk of the taxicab for a passenger to assist in the loading and unloading of articles;

 

(28)      open the door of the taxicab for any person requesting taxicab service;

 

(29)      be sufficiently close to the taxicab to have it under constant observation while parked in a taxicab stand or public place while waiting for hire;

 

(30)      have a current street guide of the City of Ottawa and the City of Gatineau available in the taxicab at all times;

 

(31)      personally advise a person with a disability that the taxicab has arrived;

 

            (32)      identify himself or herself to a person who is blind.

 

 

26.                   No licensed standard taxicab driver or licensed accessible taxicab driver shall:

 

            (1)        operate the taxicab for the provision of taxicab service when the seal affixed to the taximeter is not in tact;

 

            (2)        charge a passenger for the cost of proceeding to an establishment for change or for waiting time while a passenger obtains change when the difference between the amount tendered in payment for the fare and the sum due is twenty dollars ($20.00) or less;

 

(3)        engage the taximeter until the trip commences;

 

(4)        charge for time lost arising from defects in or inefficient operation of the taxicab or incompetence in driving;

 

(5)        charge for time consumed in providing taxicab service to a person who has not made an appointment for taxicab service in advance until the passenger and the taxicab driver are seated in the taxicab;

 

(6)        obstruct or interfere with,

(a)        the use of any taxicab stand,

(b)        the use of a public place, or

(c)        the surrounding traffic patterns,

while waiting in a taxicab or at a taxicab stand or at any public parking place;

 

(7)        refuse to provide taxicab service, except as provided in Sections 27 and 28, to

(a)        the first individual requesting taxicab service; or

(b)        a person with a disability when accompanied by a service animal;

 

(8)        induce any person to engage a taxicab through any misleading or deceiving statements or representations to that person concerning:

(a)        the location of any destination named by that person;

(b)        the approximate distance to any destination named by that person; or

(c)        the approximate fare for the proposed trip;

 

(9)        take, consume, be under the influence of or have in his or her possession any alcohol, drugs or other intoxicants;

 

27.                   Despite any other provision of this by-law, a licensed standard taxicab driver or a licensed accessible taxicab driver shall be entitled to refuse to provide taxicab service to any person requesting the services of his or her taxicab, if:

(a)        the taxicab is already engaged in providing taxicab service;

(b)        the person requesting taxicab service has not paid the fare for a previous trip;

(c)        the person requesting taxicab service refuses to pay in a form of remuneration as provided in this by-law;

(d)        the person requesting taxicab service refuses to disclose the final destination for the trip upon entering the taxicab;

(e)        the person requesting taxicab service asks the taxicab driver to drive him or her to a destination that the taxicab driver believes to be unsafe;

(f)         the person requesting taxicab service has an excessive number of packages or personal articles that will not fit safely in the taxicab;

(g)        the person requesting taxicab service seeks to be accompanied by a number of passengers which exceeds the number of seat belt assemblies available for passengers;

(h)        the person requesting service is unreasonably obnoxious or abusive;

(i)         the person requesting taxicab service is accompanied by an animal that is not a service animal.

 

28.                   A licensed standard taxicab or a licensed accessible taxicab driver operating a taxicab equipped with a protective shield may:

(a)                refuse taxicab services where the size of the group of passengers seeking taxicab service would require one or more passengers to be seated in front of the protective shield, and

(b)               refuse taxicab services for a person or persons who are unwilling to sit in the rear of the taxicab.

 

29.       (1)        Where a licensed standard taxicab driver or a licensed accessible taxicab driver refuses to provide taxicab service to a person or persons pursuant to Sections 27 or 28 of this by-law, the taxicab driver shall immediately record in writing the reasons for his or her refusal and shall retain the record for a period of thirty (30) days.

 

            (2)        The record retained pursuant to subsection (1) shall be produced for inspection immediately upon request by the Chief Licence Inspector.

 


STANDARD AND ACCESSIBLE TAXI PLATE HOLDER REQUIREMENTS

 

30.                   No licensed standard taxi plate holder or licensed accessible taxi plate holder shall fail to:

           

            (1)        securely affix the taxi plate with the validation sticker bearing the current taxi licensing year to the right side of the rear of the taxicab for which it was issued in a location that is visible in daytime or night time conditions;

 

            (2)        ensure that the taxi plate remains securely affixed to the taxicab and that it is clearly visible to any person behind the taxicab;

 

            (3)        ensure that, at all times, the original or a photocopy of the following information is kept in the taxicab to which the corresponding taxi plate is affixed:

                        (a)        the current valid Province of Ontario motor vehicle permit issued for that motor vehicle;

                        (b)        the standard taxi plate holder licence or the accessible taxi plate holder licence, as applicable; and

                        (c)        the certificate of insurance confirming that the taxi plate holder has obtained insurance coverage in accordance with Section 48 of this by-law;

           

            (4)        ensure that any person operating the taxicab upon which the taxi plate is affixed holds a current standard taxi cab driver licence or an accessible taxicab driver licence, as applicable;

 

            (5)        ensure that the taxicab upon which the standard taxi plate holder’s taxi plate or accessible taxi plate holder’s taxi plate is affixed complies in all respects with the taxicab vehicle standards set out in Sections 41, 42 ,43 and 46, as applicable;

 

            (6)        inspect the taxicab upon which the taxi plate is affixed within twenty-four (24) hours of being notified or otherwise becoming aware of any defect in or of an accident involving a taxicab in order to ensure it continues to meet all taxicab vehicle standards set out in Sections 41, 42, 43 and 46, as applicable;

 

            (7)        maintain a record of the names and taxicab driver licence numbers of all standard taxicab drivers and accessible taxicab drivers operating the taxicab upon which the standard taxi plate holder’s taxi plate or the accessible taxi plate holder’s taxi plate is affixed including the dates and times during which each taxicab driver provided taxicab service;

 

            (8)        immediately produce the record maintained pursuant to subsection (7) upon request by the Chief Licence Inspector;

 

            (9)        ensure that the taxicab upon which the standard taxi plate holder’s plate or the accessible taxi plate holder’s plate is affixed is equipped with the following:

                        (a)        the current taxicab driver identification card issued by the City prominently displayed in the taxicab so that it is readable under daytime and night time conditions by any passenger in the taxicab, and

                        (b)        the current tariff card issued by the City prominently displayed in the taxicab so that it is readable under daytime and night time conditions by any passenger in the taxicab.

 

31.                   No licensed standard taxi plate holder or licensed accessible taxi plate holder shall fail to ensure that his or her taxicab:

           

            (1)        has an encased body equipped with at least three (3) passenger doors;

 

            (2)        is maintained in a good state of repair;

 

            (3)        has no interior or exterior damage;

 

            (4)        is maintained in a clean condition as to its exterior;

 

            (5)        is maintained in a clean, dry and odour-free condition as to its interior;

 

            (6)        is equipped to accept credit card payments;

 

            (7)        is free of all personal property left by previous passengers;

 

            (8)        is free of the personal effects of the taxicab driver or any other person, not required in the conduct of ordinary driving duties;

 

            (9)        has an operative heating and cooling system capable of supplying sufficient heat or cool air, as the season requires, for the comfort of passengers;

 

            (10)      subject to clause (11), is equipped with at least five (5) serviceable tires one of which shall be available as a spare and each of which complies with the Highway Traffic Act;

 

            (11)      is equipped with four (4) snow tires from November 1 to April 15 of each year;

 

            (12)      is equipped with four (4) matching hub caps or wheel covers.

           

32.                   No licensed standard taxi plate holder or accessible taxi plate holder shall fail to permanently affix the identifying number that is on the taxi plate to each front fender in an area between the top of the wheel well and the upper front door panel in reflective characters that are not less than ten (10 cm) centimetres in height in a colour that contrasts with the vehicle’s colour.

 

33.                   No licensed standard taxi plate holder or accessible taxi plate holder shall fail to display a copy of the Rights and Responsibilities of Taxi Drivers and Taxi Passengers, appended as Schedule “D” to this by-law, in a prominent location in the taxicab so that it is readable under daytime and night time conditions by any passenger in the taxicab.

 

34.                   No licensed standard taxi plate holder or accessible taxi plate holder shall fail to ensure that his or her taxicab is equipped with a roof sign that:

           

            (1)        is securely affixed to the roof of the taxicab;

 

(2)               is electric;

 

(3)               displays the taxicab broker affiliation with visible lettering and colour coding;

 

(4)        is affixed with the same identifying number that is on the taxi plate affixed to the taxicab so that the number faces the front and rear of the taxicab in characters measuring five (5 cm) centimetres so as to be readable in daytime and night time conditions;

 

            (5)        is connected to the taximeter in such a manner that the roof sign is automatically extinguished when the taximeter is engaged; and

 

            (6)        is connected to the taximeter in such a manner that the roof sign is illuminated one-half hour before sunset to one-half hour after sunrise while the taximeter is not engaged, except where the taxicab is not engaged for hire.

 

35.       (1)        No licensed standard taxi plate holder or licensed accessible plate holder shall equip a taxicab with a propane or natural gas tank unless the propane or natural gas tank has been installed and certified by a licensed, certified gas fitter and complies in all respects with applicable provincial regulations.

 

            (2)        Upon request of the Chief Licence Inspector, the licensed standard taxi plate holder or the licensed accessible plate holder shall produce for inspection a certificate of installation with respect to a taxicab equipped with a propane or natural gas tank.

 

36.       (1)        No licensed standard taxi plate holder or licensed accessible taxi plate holder shall fail to ensure that the taxicab is equipped with a taximeter that:

                        (a)        is attached to the taxicab in such a position that the fare computed thereon is visible from any seated position in the taxicab;

                        (b)        is clearly illuminated so as to be visible to passengers in the taxicab;

(c)        s maintained in good working condition at all times;

(d)        is sealed with a seal approved and installed by the City;

(e)        is used only when the seal is intact;

(f)         is submitted for inspection and testing upon request of the Chief Licence Inspector to ensure compliance with the current tariff; and

(g)        is tested and sealed by the City before being put into service where the taximeter has been replaced, repaired, altered, adjusted or broken.

 

            (2)        In addition to the requirements of clause 36(1)(f), no licensed standard taxi plate holder or licensed accessible taxi plate holder shall fail to ensure that the taxicab upon which their taxi plate is affixed is also submitted semi-annually for testing and re-sealing of the taximeter at an appointed time and place when notified to do so by the Chief Licence Inspector.

 

REQUIREMENTS OF A TAXICAB BROKER LICENSEE

 

37.                   No licensed taxicab broker shall fail to:

 

            (1)        maintain a permanent office from which the dispatching of taxicabs is conducted;

 

            (2)        provide a list of all taxi plate holders with whom the taxicab broker has entered into any form of arrangement to provide taxicab dispatch service upon request of the Chief Licence Inspector;

 

            (3)        provide or ensure that taxicab dispatch service is provided twenty-four (24) hours per day, seven (7) days per week to persons requesting taxicab service;

 

            (4)        ensure that every taxicab dispatched on a trip is equipped to accept credit card payments;

 

(5)        ensure where taxicab dispatch service is provided on behalf of the taxicab broker by a person other than the taxicab broker or his or her or its employee, that such person is:

(a)                also a taxicab broker licensed under this by-law; and

(b)        directed to inform persons requesting taxicab service that a taxicab affiliated with another broker will be responding to their request for taxicab service;

 

            (6)        maintain a record for a period of not less than ninety (90) days of all taxicabs dispatched by the taxicab broker which record shall include:

(a)                the time and date of each dispatch;

(b)               the taxi plate number for each taxicab dispatched for each trip; and

(c)                the commencement point and destination point of each trip;

 

            (7)        provide the records maintained in accordance with subsection (8) immediately upon request by a By-law Officer or Police Officer;

 

            (8)        inform an individual requesting taxicab service of any potential delay in providing such taxicab service prior to accepting a request for taxicab service;

 

            (9)        take reasonable steps to ensure that his, her or its employees behave civilly and courteously in the performance of their duties;

 

            (10)      provide or make available to all taxicab drivers a United States currency conversion table on a daily basis;

 

            (11)      ensure that a request for accessible taxicab service from or for a person with a disability shall be dispatched on a priority basis to the next available accessible taxicab located nearest the location of the request for service.

 

38.                   No licensed taxicab broker shall permit any individual, other than a taxicab driver licensed under this by-law, to operate a taxicab displaying identifying marks or signs suggesting that such a taxicab is affiliated with another broker.

 

39.                   No licensed taxicab broker shall dispatch a taxicab where the taxi plate holder associated with the particular taxicab is not currently licensed under this by-law.

 

MOTOR VEHICLE LEASING AGREEMENTS

 

40.                   An applicant for a standard taxi plate holder licence or an accessible taxi plate holder licence or for renewal of a licence may, in lieu of purchasing a motor vehicle for use as a taxicab, obtain a motor vehicle by a leasing agreement provided that the leasing agreement for the motor vehicle to be used with the applicable taxi plate holder licence:

(a)                is with the holder of the current motor vehicle permit issued pursuant to the Highway Traffic Act,

(b)               specifies as a minimum requirement,

(i)                  the date of execution of the leasing agreement,

(ii)        the name and address of the lessee and lessor,

(iii)       the make, model, serial number and year of the vehicle,

(iv)       the motor vehicle permit plate number issued pursuant to the Highway Traffic Act,

(v)        the Ottawa taxi plate number and year, where applicable,

(vi)       the term and expiry date of the leasing agreement,

(vii)      the lessee has the right to possession and control of the vehicle, under specified terms and conditions,

(viii)      the consideration,

(ix)       the signature of the lessee, the lessor and the witnesses thereto, and

                        (c)        is filed with the Chief Licence Inspector.

 

TAXICAB VEHICLE STANDARDS

 

AGE OF VEHICLES – STANDARD TAXICABS

 

41.       (1)        No motor vehicle shall be used as a standard taxicab unless it is less than seven (7) model years old at the time of the fall inspection.

 

            (2)        Despite subsection (1), a standard taxicab that is equipped as a low emission vehicle shall be less than eight (8) model years old at the time of the fall inspection.

 

AGE OF VEHICLES – ACCESSIBLE TAXICABS

 

42.       (1)        No motor vehicle shall be used as an accessible taxicab unless it is less than seven (7) model years old at the time of the fall inspection.

 

            (2)        Despite subsection (1), an accessible taxicab that is equipped as a low emission vehicle shall be less than eight (8) model years old at the time of the fall inspection.

 

            (3)        Despite subsection (1), no London Black Cab shall be used as an accessible taxicab unless it is less than eleven (11) model years old at the time of the fall inspection.

 

AGE OF VEHICLES – REPLACEMENT VEHICLES

 

43.                   No licensed standard taxi plate holder or licensed accessible taxi plate holder shall replace his or her taxicab with a replacement motor vehicle unless the replacement motor vehicle is less than two (2) model years old at the time the application is made to replace the taxicab.

 

AGE OF VEHICLE CALCULATIONS

 

44.                   For the purpose of calculating the age of the vehicles in Sections 41, 42 and 43, the model year of the vehicle is not included in the calculation.

 

45.                   In Sections 41 and 42, “fall inspection” means the second regularly scheduled mechanical inspection conducted pursuant to Section 47.

 

ADDITIONAL VEHICLE STANDARDS

 

46.                   The following motor vehicle standards apply to standard taxicabs and accessible taxicabs:

(a)                the motor vehicle shall have air conditioning,

(b)               the windshield and windows shall be clear glass or lightly tinted, provided that the light tint:

(i)         is non-reflective,

(ii)        is not darker than 35% visible light transmission, and

(iii)       complies with Section 73 of the Highway Traffic Act,

(c)                every safety and comfort system for passengers shall be functioning,

(d)               the vehicle shall have an encased automobile body that is:

(i)            a sedan that is at least 483 centimetres (185 inches) in length and designed with available trunk capacity of at leas 0.45 cubic metres (16 cubic feet), or

(ii)          a mini-van that is at least 470 centimetres (185 inches) in length and designed with available luggage storage space behind the rear-most seat of at least 0.45 cubic metres (16 cubic feet), and

(iii)         capable of seating at least five (5) and no more than seven (7) individuals including the driver,

                        (e)        despite clause (d), the available trunk capacity or the available luggage storage space for a natural gas powered vehicle shall be at least 0.4 cubic metres (14.2 cubic feet).

           

TAXICAB INSPECTIONS

 

47.       (1)        Every licensed standard taxi plate holder and every licensed accessible taxi plate holder shall ensure that his or her taxicab is submitted for an inspection, including inspections at safety lanes twice a year at an appointed time and place when notified to do so by the Chief Licence Inspector.

 

            (2)        At the time of the inspection, the licensed standard taxi plate holder or authorized agent or licensed accessible taxi plate holder, as applicable, shall provide the following documentation to the Chief Licence Inspector or By-law Officer conducting the inspection:

                        (a)        a current valid Ontario Ministry of Transportation Safety Standards Certificate;

                        (b)        a copy of any work order or other documentation issued by a licensed garage in the processing or granting of the above-noted Safety Standards Certificate;

                        (c)        the standard taxi plate holder licence or accessible taxi plate holder licence, as applicable;

                        (d)        a certificate of insurance confirming that the licensed standard taxi plate holder or licensed accessible taxi plate holder, as applicable, continues to maintain insurance coverage in accordance with the requirements of Section 48 of this by-law;

(e)        the current valid Ontario Ministry of Transportation motor vehicle permit with respect to the taxicab under inspection;

(f)         a current valid certificate of installation where the taxicab under inspection is equipped with a propane or natural gas tank.

 

            (3)        If the inspection results in the taxicab being found to be in an unsafe condition, the Chief Licence Inspector,

(a)                shall require the taxicab to be placed in a safe condition, and

(b)        may suspend the licence.

 

            (4)        No person shall obstruct, hinder, or otherwise interfere with any of the inspections undertaken pursuant to this Section.

                       

INSURANCE

 

48.                   Every licensed standard taxi plate holder and every licensed accessible taxi plate holder shall maintain on file with the Chief Licence Inspector a certificate of insurance for each of his or her taxicabs identifying and confirming the following minimum insurance requirements:

                        (a)        Commercial General Liability insurance and Motor Vehicle Liability insurance both subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property with the City named as an additional insured under the Commercial General Liability insurance policy;

(b)               an endorsement to provide that the Chief Licence Inspector shall receive at least ten (10) days prior written notice from the insurer of any cancellation, expiration or decrease in the amount of coverage;

(c)                confirmation that insurance coverage includes each taxicab driver who operates the taxicab to which the taxi plate holder’s plate is affixed.

 

49.                   No licensed standard taxi plate holder or licensed accessible taxi plate holder shall fail to maintain the minimum insurance coverage set out in Section 48 during the licence period.

 

REPLACEMENT VEHICLES

 

50.       (1)        Every licensed standard taxi plate holder and every licensed accessible taxi plate holder who replaces his or her taxicab shall apply to the Chief Licence Inspector to change the taxicab with respect to which the taxi plate holder licence is designated and shall comply with clauses (f), (g), (h), (i) and (j) of Section 14 and Sections 18, 36, 43, 46 and 47, as applicable.

 

            (2)        Upon the Chief Licence Inspector being furnished with satisfactory proof that the applicant has complied with the requirements of subsection (1) and has paid the fee set out in Schedule “C” to this by-law, the Chief Licence Inspector shall change vehicle with respect to which the taxi plate holder licence is designated.

 

(3)        No licensed standard taxi plate holder or licensed accessible taxi plate holder shall affix the taxi plate to the proposed replacement vehicle until the Chief Licence Inspector provides authorization to do so.

 

SEALING OF TAXIMETER AND TARIFF

 

51.                   The Chief Licence Inspector shall seal or reseal the taximeter by, lacing a wire through the hole in the base bracket bolt head, through the eyelets on the taximeter and threaded through a seal in such a manner that it prevents the removal of the outer cover.

 

52.                   The tariff is hereby established as provided by and set out in Schedule “B”.

 

53        (1)        Taximeter rates shall not be adjusted more than once a year.

 

            (2)        The date of the meter rate adjustment, if any, shall be October 1st .

 

            (3)        Applications for adjustment to the taxi meter rate shall be submitted to the Chief Licence Inspector on or before June 1st of the year in which the adjustment is to take effect.

 

            (4)        If no application for a taximeter adjustment is received by the Chief Licence Inspector on or before June 1st, there shall be no consideration of a taxi meter adjustment until June 1st of the following year.

 

            (5)        The amount of the adjustment shall not exceed the percentage annual increment in the Taxi Cost Index (“TCI”) as set out in Schedule “E” from April 30th of the previous year to April 30th of the current year that the rate is to take effect.

 

(6)        Consideration shall be given to a taximeter rate adjustment only upon application from a licensed driver or a certified union or association representing licensed drivers.

 

DRIVER EDUCATION PROGRAMS

 

TAXICAB DRIVER EDUCATION PROGRAM

 

54.       (1)        An applicant for a standard taxicab driver licence shall enrol in the Taxicab Driver Education Program hereinafter referred to in this Section as the training program and shall write the examinations required for the training program.

 

            (2)        Subsection (1) does not apply to a person who is the holder of a Taxicab Driver Education Certificate issued within the two (2) years preceding the application.

 

            (3)        When the applicant is enrolled in the training program, the applicant shall attend at the times, dates and places specified for training program.

 

            (4)        An applicant must receive a mark of at least seventy-five percent (75%) to qualify for a standard taxicab driver licence.

 

            (5)        An applicant who fails to pass the examinations required for the training program may apply to re-attend the training program and re-write the examinations by paying the fee prescribed for the training program.

 

(6)        An applicant who fails to pass the re-examinations permitted by subsection (5) is not entitled to re-attend the training program within one (1) year of the re-examination unless there is room available for the applicant in the training program within seventy-two (72) hours of the commencement of the training program.

 

ACCESSIBLE TRAINING COURSE

 

55.       (1)        When a person on the Accessible Priority List is selected for issuance of an accessible taxi plate holder licence by reason of such person’s position on the Accessible Priority List, the Chief License Inspector shall notify such person of such selection by a notice in writing sent by regular pre-paid mail to such person’s last known address on file with the By-law Services Branch.

 

(2)        This notice shall include the date of the next available Accessible Taxicab Training Course and a Notice of Election.

 

56.       (1)        A person on the Accessible Priority List who is selected for the issuance of an accessible taxi plate holder licence by reason of such person’s position on the Accessible Priority List shall within 30 days of the notice:

(a)        elect to attend the next available Accessible Taxicab Training Course, or

(b)        elect to defer attendance to the next available Accessible Taxicab Training Course, or

(c)        elect not to attend the Accessible Taxicab Training Course, by completing a Notice of Election and filing it with the Chief Licence Inspector.

 

(2)        A person who fails to file the Notice of Election within 30 days shall be deemed to have elected to defer attendance to the next available Accessible Taxicab Training Course.

 

(3)        A person who has elected to defer attendance at the Accessible Taxicab Training course shall retain his or her position on the Accessible Priority List unless such person has deferred attendance more than twice, in which case such person shall be re-positioned at the bottom of the Accessible Priority List.

 

(4)        A person who has elected not to attend the Accessible Taxicab Training Course shall be re-positioned at the bottom of the Accessible Priority List.

 

(5)        A person who elects to attend the next available Accessible Taxicab Training Course shall register with the Accessible Taxicab Training Course provider.

 

(6)        A person who elects to attend the next available Accessible Taxicab Training Course but does not register for the said course or does not meet the minimum attendance requirement of the said course shall be deemed to have elected to defer attendance at the Accessible Taxicab Training Course until the next available Accessible Taxicab Training Course.

 

57.       (1)        A person on the Accessible Taxicab Priority List who fails the Accessible Taxicab Training Course shall retain his or her position on the Accessible Priority List and may re-attend at the next available Accessible Taxicab Training Course or if eligible to do so may re-take the Accessible Taxicab Training Course examinations at the next available Accessible Taxicab Training Course.

 

(2)        Despite the above paragraph, a person on the Accessible Priority List who fails the Accessible Taxicab Training Course more than once, or who does not re-attend at the said Course or re-take the examinations shall be re-positioned to the bottom of the Accessible Priority List.

 

REFRESHER TAXICAB TRAINING COURSE

 

58.                   By March 1, 2010, every licensed standard taxicab driver and licensed accessible taxicab driver shall be required to successfully complete the Refresher Taxicab Training Course and every five (5) years thereafter from the date of successful completion. 

 

ACCESSIBLE PRIORITY LIST

 

ESTABLISHMENT OF LIST

 

59.                   The Accessible Priority List as created by By-law No. 2003-97 amending By-law No. 41 of 1998 of the old Corporation of the City of Gloucester as it exists on the date this by-law is in full force and effect is carried over and becomes the Accessible Priority List.

 

MAINTENANCE OF LIST

 

60.       (1)        The Chief Licence Inspector shall keep the Accessible Priority List and this list shall be open and accessible to the public and subject to all other conditions and qualifications set out in this by-law.

 

            (2)        When accessible taxi plate holder licences are to be issued, priority is to be established by the order of the Accessible Priority List and thereafter continued by order of seniority of application.

 

(3)               Subject to subsection (4), every person applying to be placed on the Accessible Priority List shall at the time of application pay the prescribed fee and file with the Chief Licence Inspector, the following information:

(a)                the name and address of the applicant, and

(b)        the standard taxicab driver licence number.

 

(4)        A person applying to be placed on the Accessible Priority List is only entitled to be placed on the list one time.

 

(5)        Every person on the Accessible Priority List shall on or before April 30th in every year thereafter file with the Chief Licence Inspector a request for renewal setting out the name and address of the person and the taxi driver licence number and pay the prescribed renewal fee as set out in Schedule “C”.

 

(6)        A person on the Accessible Priority List ceases to continue to be eligible for an accessible taxi plate holder licence and shall be struck off the Accessible Priority List if at any time thereafter but before an accessible taxicab holder licence has been issued:

                        (a)        the person’s taxi driver licence lapses or is revoked,

                        (b)        the person fails to file with the Chief Licence Inspector any of the prescribed information on an annual basis, or

                        (c)        the person fails to pay the prescribed fees.

 

            (7)        A person who has been struck off the Accessible Priority List shall be notified forthwith by the Chief Licence Inspector by letter addressed to the person at the last address of record furnished by the person to the By-law Services Branch.

 

            (8)        A person who is struck off the Accessible Priority List may within fourteen (14) days of receipt of the notice apply in writing for a review of such action by the Licence Committee by filing a request with the Chief Licence Inspector.  The procedures related to a hearing before the Licence Committee will apply.

 

TRANSFERS OF LICENCES

 

TRANSFER OF TAXICAB DRIVER AND BROKER LICENCES

 

61.       (1)        No standard taxicab driver licence shall be transferred.

 

(2)               No accessible taxicab driver licence shall be transferred.

 

            (3)        No taxicab broker licence shall be transferred.

 

TRANSFER OF STANDARD TAXI PLATE HOLDER LICENCE

 

62.       (1)        No application for the transfer of a standard taxi plate holder licence shall be processed unless and until the person to whom the licence is to be transferred has satisfied the Chief Licence Inspector that the proposed transferee is in compliance with subsection (2) hereof.   

 

            (2)        The proposed transferee has provided the Chief Licence Inspector with the following:

                        (a)        a completed application for the transfer of the standard taxi plate holder licence;

                        (b)        proof that the proposed transferee complies with the provisions of the by-law as if the proposed transferee was an original applicant by providing the information required by Section 14;

                        (c)         the licence transfer fee as set out in Schedule “C”;

                        (d)        a duly executed copy of the written sale agreement between the proposed transferor and the proposed transferee containing the details of their dealings in respect of such taxicab, equipment, taximeter, good will, if any, and any other thing included in the sale agreement;

                        (e)        two (2) affidavits, one made by the proposed transferor and the other made by the proposed transferee setting out the following information:

                                    (i)         the true consideration for the taxicab, equipment, taximeter, good will, if any, and any other thing included in the sale agreement, and

                                    (ii)        the dealings that they have had with each other have been at arm’s length.

           

            (3)        When the Chief Licence Inspector has been satisfied of the compliance of the proposed transferee with subsections (1) and (2), the Chief Licence Inspector shall notify the proposed transferee to arrange for the motor vehicle to be submitted for inspection in order to confirm that the motor vehicle complies with all vehicle standards for standard taxicabs set out in the by-law.

 

            (4)        When the Chief Licence Inspector has inspected and confirmed that the motor vehicle complies with all vehicle standards for taxicabs set out in the by-law, the Chief Licence Inspector shall give notice to the proposed transferor and to the proposed transferee of the approval of the transfer.

 

            (5)        The proposed transferor in receipt of such notice shall forthwith file the taxi plate with the Chief Licence Inspector, and a licence shall not be issued to the transferee until such taxi plate is filed.

 

TRANSFER OF ACCESSIBLE TAXI PLATE HOLDER LICENCE

 

63.       (1)        No licensed accessible taxi plate holder shall transfer the licence for five (5) years after the date of issuance of the original accessible taxi plate holder licence.

 

            (2)        No application for the transfer of an accessible taxi plate holder licence shall be processed unless and until:

                        (a)        the transferor has held the accessible taxi plate licence for more than five (5) years after the date of issuance of the original accessible taxi plate holders license, and

                        (b)        the person to whom the licence is to be transferred has satisfied the Chief Licence Inspector that the proposed transferee is in compliance with subsection (3) hereof.           

 

            (3)        The proposed transferee has provided the Chief Licence Inspector with the following:

                        (a)        a completed application for the transfer of the accessible taxi plate holder licence;

                        (b)        proof that the proposed transferee complies with the provisions of the by-law as if the proposed transferee was an original applicant by providing the information required by Section 18;

                        (c)         the licence transfer fee as set out in Schedule “C”;

                        (d)        a duly executed copy of the written sale agreement between the proposed transferor and the proposed transferee containing the details of their dealings in respect of such taxicab, equipment, taximeter, good will, if any, and any other thing included in the sale agreement;

                        (e)        two (2) affidavits, one made by the proposed transferor and the other made by the proposed transferee setting out the following information:

                                    (i)         the true consideration for the taxicab, equipment, taximeter, good will, if any, and any other thing included in the sale agreement, and

                                    (ii)        the dealings that they have had with each other have been at arm’s length.

           

            (4)        When the Chief Licence Inspector has been satisfied of the compliance of the proposed transferee with subsections (2) and (3), the Chief Licence Inspector shall notify the proposed transferee to arrange for the motor vehicle to be submitted for inspection in order to confirm that the motor vehicle complies with all vehicle standards for accessible taxicabs set out in the by-law.

 

            (5)        When the Chief Licence Inspector has inspected and confirmed that the motor vehicle complies with all vehicle standards for accessible taxicabs set out in the by-law, the Chief Licence Inspector shall give notice to the proposed transferor and to the proposed transferee of the approval of the transfer.

 

            (6)        The proposed transferor in receipt of such notice shall forthwith file the taxi plate with the Chief Licence Inspector, and a licence shall not be issued to the transferee until such taxi plate is filed.

 

DEATH OF TAXI PLATE HOLDER

 

64.       (1)        In the event of the death of the holder of a standard taxi plate licence or an accessible taxi plate holder licence, the heirs, executors, administrators, successors or assigns or other legal representatives shall have a period of twelve (12) months within which to arrange for the continuance or transfer of the licence without the licence being revoked, provided that:

                        (a)        the death of the licensee was reported to the Chief Licence Inspector, and

                        (b)        an original or notarized copy of the licensee’s death certificate was filed with the Chief Licence Inspector,

                        within sixty (60) calendar days of the death of the licensee.       

 

            (2)        If the licence expires within the aforesaid period of twelve (12) months, the heirs, executors, administrators, successors or assigns or other legal representatives may renew the licence on the condition that it will expire on the termination of the aforesaid period of twelve (12) months.

 

            (3)        In the event that the continuance or transfer of the licence is arranged pursuant to subsection (1), the Chief Licence Inspector shall transfer the licence upon being provided with satisfactory proof that the person to whom the transfer is to be made shall comply with the requirements of this by-law as if the person was an original applicant.

                       

            (4)        When the legal spouse or child of a deceased holder of a standard taxi plate licence or an accessible taxi plate holder licence applies for the transfer of the deceased’s standard taxi plate holders licence or accessible taxi plate holder licence pursuant to subsection (1), and provided that the legal spouse or child is the heir to the deceased’s standard taxi plate holders licence or accessible taxi plate holder licence in respect of the standard taxi plate holders business or accessible taxi plate holders business, the provisions of clauses (b), (c), (d) and (e) of subsection 62(2)do not apply to the standard taxi plate holder transfer and the provisions of clauses (b), (c), (d) and (e) of subsection 63(3) do not apply to the accessible taxi plate holder transfer.

 

OPERATION OF ACCESSIBLE TAXI

 

65.                   No holder of an accessible taxi plate holder license shall permit any licensed accessible taxicab driver to drive his or her taxicab on a shift basis, unless the holder of the accessible taxi plate licence:

                        (a)        keeps and maintains a list of every taxicab driver driving his or her accessible taxicab;

                        (b)        produces the list for inspection on request by the Chief Licence Inspector or By-law Officer; and

                        (c)        ensures that each driver of his or her accessible taxicab gives priority to requests for accessible taxicab service from persons with a disability.

 

ESTABLISHMENT OF LICENCE COMMITTEE

 

COMPOSITION

 

66.                   The Licence Committee shall be composed of any three (3) members of the Emergency and Protective Services Committee of the City of Ottawa.

 

COMMITTEE COORDINATOR

 

67.                   The Committee Coordinator of the Emergency and Protective Services Committee is designated the Committee Coordinator of the Licence Committee.

 

MEETINGS

 

68.       (1)        The Licence Committee shall meet regularly at 9:30 a.m. on the first and third Monday of every month of the year.

 

            (2)        A special meeting may be summoned at such a time and date as requested by the Chief Licence Inspector.

 

POWERS

 

LICENCE COMMITTEE POWERS

 

69.       (1)        The Licence Committee is authorized to administer the provisions of this by-law.

 

            (2)        The Licence Committee is authorized to make the final decision in respect of the revocation or suspension of any license issued or the imposition of conditions on any licensee.

 

            (3)        A majority of the three (3) members of the Licence Committee constitutes a quorum.

 

            (4)        The Licence Committee, after a hearing, may revoke any or each of the licenses held by a licensee for cause and without limiting the generality of the foregoing for:

                        (a)        a breach of the law,

                        (b)        anything which may be in any way adverse to the public interest,

                        (c)        the belief that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity,

                        (d)        any other matter which the Licence Committee is authorized by law to consider, or

                        (e)        any violation of the provisions of this by-law.

 

            (5)        The Licence Committee may suspend a license for cause for any period that is less than the unexpired part of the period for which it was issued in lieu of revocation as provided in subsection (4).

 

            (6)        The Licence Committee may impose conditions as a requirement of obtaining, continuing to hold or renewing the license, including special conditions.

 

CHIEF LICENCE INSPECTOR’S AND BY-LAW OFFICER’S POWERS

 

70.       (1)        The Chief Licence Inspector is authorized to administer the provisions of this by-law on behalf of the City, including enforcement, together with such other By-law Officers as may be necessary.

 

            (2)        In addition to subsection (1), the Chief Licence Inspector and such other By-law Officers are appointed by by-law of the City as Municipal Law Enforcement Officers pursuant to section 15 of the Police Services Act, R.S.O. 1990, Chap. P.15, as amended.

 

            (3)        The Chief Licence Inspector may report to the Licence Committee any breaches by the licensee of this by-law with a request to consider the status of the licence.

 

            (4)        The Chief Licence Inspector may suspend any license in an emergency situation for the time and subject to the conditions set out in Section 84.

 

INSPECTION POWERS

 

71.       (1)        The Chief Licence Inspector is hereby authorized to:

                        (a)        inspect:

                                    (i)         as much of any place or premise as is used for the carrying on of the business,

                                    (ii)        any books, records or other documents of or relating to any such business, or

                                    (iii)       each motor vehicle operated, provided or used in the business,

                        (b)        require that each motor vehicle operated, provided or used in the business  be submitted for inspection pursuant to Section 46, and

                        (c)        ensure that each licensee produces his or her motor vehicle for inspection at the time and place designated by the Chief Licence Inspector.

 

            (2)        Upon the demand of the Chief Licence Inspector, the driver of any class of motor vehicle that is regulated under this by-law shall surrender for reasonable inspection, his or her driver's license issued under section 32 of the said Highway Traffic Act or under the law of another jurisdiction and the permit for the vehicle issued under section 7 of the said Highway Traffic Act or under the law of another jurisdiction.

 

            (3)        No person shall obstruct, hinder or otherwise interfere with any of the inspections referred to in this section.

 

REFUSAL, REVOCATION AND SUSPENSION OF A LICENCE

 

REFUSAL OF ISSUANCE OF LICENCE

 

72.       (1)        The Chief Licence Inspector shall refuse to issue to the applicant the license applied for if the conditions for issuance of an original licence in Sections 8, 12, 14, 18 and 22 or of a renewal of a licence in Sections 16, 19 and 23 have not been met.

 

            (2)        The Chief Licence Inspector shall give the applicant notice of the refusal to issue the licence applied for in writing, said notice to be served personally or by registered mail to the applicant at the address shown on the application.

 

            (3)        The Chief Licence Inspector shall return the license fee paid at the time of the application in respect of such license after the expiration of fourteen (14) days of having served the notice provided that an application for review of the refusal to issue the license has not been filed.

 

APPLICATION FOR REVIEW OF REFUSAL TO ISSUE

 

73.                   An applicant in receipt of a notice of refusal given pursuant to Section 72 may, within fourteen (14) days of having been served the notice, apply in writing for a review of the refusal to issue the licence applied for by filing the request for a review with the Chief Licence Inspector, and the provisions of Sections 75 to 79 inclusive shall apply.

 

 

REPORT FOR REVIEW OF STATUS OF LICENSEE

 

74.                   The Chief Licence Inspector may report to the Licence Committee any breaches by the licensee of this by-law with a request to consider the status of the license.

 

DATE OF REVIEW HEARING

 

75.                   The Chief Licence Inspector,

                        (a)        upon receipt of the application referred to in Section 73, or

                        (b)        upon reporting to the Licence Committee as set out in Section 74,

shall determine a date with the Committee Coordinator of the Licence Committee for the review hearing by the Licence Committee which shall be at least fourteen (14) days hence.

 

NOTICE OF REVIEW HEARING

 

76.                   Upon determination of the review hearing date, the Chief Licence Inspector shall give notice in writing to the applicant or licensee, said notice to:

                        (a)        include a statement,

                                    (i)         as to the time, date, place and purpose of the review hearing, and

                                    (ii)        that, if the applicant does not attend the review hearing, the Licence Committee may proceed in the absence of the applicant or licensee and the applicant or licensee will not be entitled to any further notice,

                        (b)        be served personally or by registered mail to the applicant or licensee at the address last on file with the Chief Licence Inspector, and

                        (c)        where the good character, propriety of conduct or competence of a licensee is an issue, contain reasonable information of any allegations with respect thereto.

 

HEARING

 

77.       (1)        The Licence Committee shall hold the review hearing at the time, place and date set out in the notice referred to in Section 76.

 

            (2)        The applicant or licensee may be represented at the review hearing by counsel, and the applicant or licensee or the counsel shall have the right to adduce evidence, submit argument in support of the application for a licence or the status quo of the license and cross-examine witnesses adverse in interest.

 

            (3)        The City shall be represented at the review hearing by either the Chief Licence Inspector or the City Solicitor, who is entitled to adduce evidence and submit arguments in reply to evidence and argument on behalf of the applicant or licensee.

 

            (4)        At the review hearing, the onus shall be upon the applicant or licensee to show cause why,

                        (a)        the licence applied for should be granted,

                        (b)        the licence should not be suspended or revoked , or

                        (c)        conditions should not be imposed on the licence.

 

            (5)        All review hearings shall be public hearings unless the applicant or licensee requests that the hearing be held in camera and the License Committee may approve the request by a simple majority in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended.

 

            (6)        The Licence Committee’s decision shall be final and binding.

 

LICENCE COMMITTEE DECISION

 

78.                   The Licence Committee shall give its decision in writing to the Chief Licence Inspector within seven (7) days of the date of the completion of the review hearing.

 

WAIVER OF HEARING

 

79.                   Despite any of the provisions of this by-law, any proceedings may be disposed of by a decision of the Licence Committee given,

                        (a)        without a hearing, or

                        (b)        without compliance with any other requirements of the Statutory Powers Procedure Act, R.S.O. 1990, Chap. S.22, as amended, or of this by-law incorporating such requirements,

where the licensee has waived such hearing or compliance.

 

IMPLEMENTATION OF LICENCE COMMITTEE DECISION

 

80.       (1)        The Chief Licence Inspector shall notify the applicant or licensee of the decision by serving a copy personally or by registered mail to:

                        (a)        the applicant or licensee at the address shown on the application, or last on file with the Chief Licence Inspector, or

                        (b)        the counsel or agent of the applicant or licensee, if any, at the address as stated to the Licence Committee.

 

            (2)        If the decision rendered is to grant the applicant the licence applied for, the licence shall be issued.

 

            (3)        If the decision is to suspend or revoke the licence, the licensee shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, return the licence to the Chief License Inspector, and the Chief License Inspector shall have access to any premises or other property of the licensee for the purpose of receiving or taking the same.

 

            (4)        If the decision is to impose conditions on the licence, the licensee shall within twenty-four (24) hours of service of notice by registered mail, or immediately if the notice is personally served, advise the Chief Licence Inspector as to his or her acceptance of the conditions.

 

            (5)        Prior to suspending a licence, the Chief Licence Inspector shall provide the licensee with the reasons for the suspension either orally or in writing and an opportunity to respond to them.

 

            (6)        The Chief Licence Inspector will be advised immediately of all summary suspensions.

 

            (7)        The Licence Committee will be advised on a quarterly basis of all suspension actions initiated summarily.

 

            (8)        The suspension of a licence pursuant to this section is lifted after the expiration of two (2) weeks from the date of suspension or after the first meeting of the Licence Committee after the suspension, whichever occurs first.

 

81.                   Where a licence has been suspended or revoked, no person shall refuse to deliver the license to the Chief Licence Inspector or shall in any way prevent or hinder the Chief Licence Inspector from receiving or taking the same.

 

82.                   No licensee shall operate or carry on the business for which the licence was issued while the licence is under suspension.

 

LICENCE SUSPENSION OR REVOCATION

 

83.                   In addition to any other penalty imposed under this by-law, a licence issued under the authority of this by-law may be suspended or revoked upon such grounds and in accordance with such procedural provisions as are set out in this by-law.

 

84.       (1)        With respect to the temporary suspension of a licence, summary suspensions may be for a minimum period of twenty-four (24) hours and for a maximum period of fourteen (14) days; if the violation has been corrected after the twenty-four (24) hour period, the licence may be reinstated.

 

            (2)        Summary suspensions may be initiated by the Chief Licence Inspector or By-law Officer in any situation that has resulted or may reasonably be expected to result in an emergency situation and without limiting the generality of the foregoing, these situations may include:

                        (a)        where the licensee has breached any law,

                        (b)        where the licensee has done anything that is in any way adverse to the public interest,

                        (c)        where a motor vehicle is deemed to be mechanically unsafe, including but not limited to body damage with sharp edges, holes in the floor boards, unserviceable tires, doors not closing properly, wire protruding from the seat or any other mechanical defect that would render the motor vehicle unsafe,

                        (d)        where a cheque is returned marked “NSF” for the payment of a licence fee and in such cases, the licence shall be suspended until the license fee is paid,

                        (e)        where there is misuse of a licence by a licensee taking a licence decal from one vehicle and affixing it to another vehicle which is not approved for licensing purposes,

                        (f)         where an inspection has been performed on a motor vehicle for transfer of a licence and the licensee fails to effect the transfer, the licence shall be suspended should the operator carry on business with the replacement vehicle,

                        (g)        where a leasing agreement has expired and the lessee has failed to renew it, the licence may be suspended if the lessor continues to work while the licensing agreement is expired, or

                        (h)        where a licensee’s liability insurance has expired and he or she continues to carry on business for which the licence was issued, the license shall be suspended.

 

            (3)        Prior to suspending a licence, the Chief Licence Inspector shall provide the licensee with the reasons for the suspension either orally or in writing and an opportunity to respond to them.

 

            (4)        The Chief Licence Inspector will be advised immediately of all summary suspensions.

 

            (5)        The Licence Committee will be advised on a quarterly basis of all suspension actions initiated summarily.

 

            (6)        The suspension of a licence pursuant to this section is lifted after the expiration of two (2) weeks from the date of suspension or after the first meeting of the Licence Committee after the suspension, whichever occurs first.

 

85.                   Where a license has been suspended or revoked, no person shall refuse to deliver the license to the Chief Licence Inspector or shall in any way prevent or hinder the Chief Licence Inspector from receiving or taking the same.

 

86.                   No licensee shall operate or carry on the business for which the licence was issued while the licence is under suspension.

 

NOTIFICATION OF CHANGES

 

NOTIFICATION ON HAPPENING OF CERTAIN EVENTS

 

87.       (1)        Every licensee shall notify or cause to be notified the Chief Licence Inspector in writing within seven (7) days of the happening of the following events:

                        (a)        any change in the licensee’s address or telephone number,

                        (b)        sale, transfer or termination of the business,

                        (c)        retirement,

                        (d)        in the situation where the licensee provided the name and address of his or her business affiliate or employer, any change in the named business affiliate or employer, or

                        (e)        any change of address, telephone number or Ontario Licence Plate Number of a motor vehicle that is registered with the Ontario Ministry of Transportation and any change of motor vehicle ownership and appropriate insurance endorsement.

 

            (2)        In the case of the death of the licensee, the person administering the estate should notify or cause to be notified the Chief Licence Inspector in writing.

 

 

GENERAL REGULATIONS

 

LICENCE AVAILABILITY

 

88.       (1)        Subject to subsection (3), every person obtaining a licence under this by-law shall carry the said license upon his or her person.

 

            (2)        Every licensee shall, when so requested by the Chief Licence Inspector, produce the license for inspection.

 

            (3)        Every person obtaining a licence under this by-law where the same applies to premises shall ensure that his or her licence is posted up in some prominent position on the premises, so as to visible to the public.

 

FALSE OR INCORRECT INFORMATION

 

89.                   No person shall give false or incorrect information for the purposes of obtaining a licence.

 

SUBJECT TO LAWS

 

90.                   All licences are subject to all applicable Acts, regulations and by-laws.

 

PROPERTY OF THE CITY

 

91.       (1)        No person shall enjoy a vested right in the continuance of a licence and upon the issue, cancellation or suspension thereof, the value of a licence shall be the property of the City.

 

            (2)        Every taxi plate furnished pursuant to this by-law shall be and remain the property of the City and shall be returned to the City or removed whenever required to  do so by the Chief Licence Inspector.

 

DUTY TO COMPLY

 

92.                   Every person applying for or holding a licence under this by-law shall, in such application or in carrying on or engaging in the business in respect of which the licence is issued, observe, comply with and be governed by this by-law.

 

NO DISCRIMINATION

 

93.                   No person licensed under this by-law shall, because of race, colour, creed or disability, discriminate against any member of the public in the carrying on of the business in respect of which the licence is issued.

 

EMPLOYEES ACTS

 

94.                   Every licensee shall be responsible for the act or acts of any of his or her employees or any person associated with the licensee in the carrying on of any of the businesses authorized by his or her licence in the same manner and to the same extent as though such act or acts were done by the licensee.

 

 

CONDITIONAL LICENCES

 

95.       (1)        Every licensee shall comply with every condition imposed upon the licence.

 

            (2)        Every licensee who fails to comply with subsection (1) is guilty of an offence.

 

OFFENCES AND PENALTIES

 

OFFENCES

 

96.                   Every person who contravenes any of the provisions of this by-law is guilty of an offence.

 

FINES

 

97.       (1)        Every person who is convicted of an offence under this by-law is liable to a fine of not more than twenty-five thousand ($25,000.00) dollars as provided for in the Municipal Act, R.S.O. 1990, Chap. M.45, as amended.

 

            (2)        Where a corporation is convicted of an offence under this by-law, the maximum penalty that may be imposed on the corporation is fifty thousand ($50,000) dollars and not as provided by subsection (1) in accordance with the Municipal Act.

 

PROHIBITION ORDER

 

98.                   When a person has been convicted of an offence under this by-law,

                        (a)        the Ontario Court of Justice, or

                        (b)        any court of competent jurisdiction thereafter

may, in addition to any other penalty imposed on the person convicted, make  an order prohibiting the continuation or repetition of the offence by the person convicted.

 

REPEAL AND TRANSITIONAL PROVISIONS

 

REPEAL OF OLD MUNICIPALITIES’ BY-LAWS

 

99.       (1)        By-law No 56-99 of the old Corporation of the City of Cumberland entitled “Being a by-law of the Corporation of the City of Cumberland to provide for the licensing, regulating and governing of taxis”, as amended, is repealed.

 

            (2)        By-law No. 41 of 1998 of the old Corporation of the City of Gloucester entitled “A by-law to provide for the licensing, regulating and governing of taxicabs, taxicab owners and drivers, and taxicab brokers”, as amended, is repealed.

 

            (3)        By-law No. 120-97 of the old Corporation of the City of Kanata entitled “Being a by-law of the Corporation of the City of Kanata to provide for the licensing, regulating and governing of taxis”, as amended, is repealed.

 

            (4)        By-law No. 115-2000 of the old Corporation of the City of Nepean entitled “Being a by-law of the Corporation of the City of Nepean to provide for the licensing, regulating and governing of taxis”, as amended, is repealed.

 

            (5)      By-law Number L6-2000 of the old Corporation of the City of Ottawa entitled “A by-law of the Corporation of the City of Ottawa respecting licenses”, as amended, is amended:

                      (a)        by repealing paragraphs (78A), (95) to (99) inclusive of Section 1;

                      (b)        by repealing paragraphs (30), (31) and (32) of Section 2;

                      (c)        by repealing Section 5;

                      (d)        by repealing subsection (2A) of Section 9;

                      (e)        by repealing subsections (3) and (10) of Section 17;

                      (f)         by repealing subsection (2) of Section 19;

                      (g)        by repealing subsection (2) of Section 24;

                      (h)        by striking out the item “Taxicabs” and “Taxicab Owner – license transfer fee” in Schedule No. 1; and

 

                      (i)         by repealing Schedule No. 19 Relating to Brokers, Drivers and Owners of Taxicabs.

 

            (6)        By-law No. 39-00 of the old Corporation of the City of Vanier entitled “Being a By-law to license, regulate and govern Owners, Drivers and Brokers of Taxicabs in the City of Vanier”, as amended, is repealed.

 

TRANSITION

 

100.     (1)        All licenses issued pursuant to the by-laws, or portions thereof, referred to in Section 99 shall be deemed to be issued under this by-law, during the period for which they have been issued, and remain in full force and effect until the expiry date set out in Schedule “C” unless for some other reason than the repeal of the by-laws they are forfeited or revoked and without limiting the generality of the foregoing,

                        (a)        the licence period for taxicab drivers, taxicab owners and taxicab brokers licences issued pursuant to By-law Number L6-2000 of the old Corporation of the City of Ottawa is extended and the licences remain in full force and effect until April 30, 2006;

(b)        the licence period for taxicab drivers, taxicab owners and taxicab brokers licences issued pursuant to By-law No. 39-00 of the old Corporation of the City of Vanier is extended and the licences remain in full force and effect until April 30, 2006;

                        (c)        the licence period for taxicab drivers, taxicab owners and taxicab brokers licences issued pursuant to By-law No. 120-97 of the old Corporation of the City of Kanata is extended and the licences and the licences remain in full force and effect until April 30, 2006; and

                        (d)        the licence period for taxicab drivers, taxicab owners and taxicab brokers licences issued pursuant to By-law No. 115-2000 of the old Corporation of the City of Nepean is extended and the licences and the licences remain in full force and effect until April 30, 2006.

 

            (2)        The repeal of the by-laws, or portions thereof, referred to in Section 99, shall not affect any offence committed against the provisions of the by-law or any penalty incurred in respect thereof or any investigative proceedings thereunder.

 

EFFECTIVE DATE

 

101.                 This by-law shall come into force and take effect on the 1st day of January, 2006.

 


SHORT TITLE

 

102.                 This by-law may be referred to as the "Taxi By-law".

 

 

                        ENACTED AND PASSED this      day of              , 2005.

 

 

 

 

 

 

 

                        CITY CLERK                                     MAYOR



SCHEDULE “B”

 

TARIFF

 

 

 

1.         One to Six Passengers

 

                        For the first 101 metres or part thereof…………………….$ 2.85      

 

                        For each additional 101 metres or part thereof…………….$ 0.15

 

                        For each twenty-three (23) seconds waiting time

                        or part thereof while under engagement……………………$ 0.15

 

 

2.         Baggage:                                                                                              Per Item

 

Brief case, hand baggage, grocery bag, parcel or

carton of comparable size (over 4 items)………………….. $  0.25

(not to exceed $3.00)

 

Wheelchair…………………………………………………No Charge

 

Trunks and other bulky items not referred to herein,

the tariff shall be agreed upon between the Driver

and the Passenger(s) before commencement of the

trip, but shall not exceed……………………………………$  10.00

 

 

3.                  Cleaning of Taxicab………………………………………………$50.00

 

           

Date

 

 

Inside Address

 

 

 

 

 

 


 

SCHEDULE

 

Description of Fees

“C”

 

Fee in $

 

 

Expiry Date (where applicable)

 

Application Processing Fees

- for original licence

- for renewal of licence

 

 

50.00

50.00

 

Licence Fees

 

 

Initial Application

 

 

- Taxicab Driver

130.00

April 30

- Taxi Plate Holder – Standard Taxicab

420.00

April 30

- Taxi Plate Holder – Accessible Taxicab

420.00

April 30

- Taxicab Broker – 1 to 24 taxicabs

620.00

April 30

- Taxicab Broker – 25 to 99 taxicabs

         1,900.00

April 30

- Taxicab Broker – 100 and more taxicabs

         5,600.00

April 30

Where an initial application is filed after the expiry of the first 6 months of the licence period, the applicant shall pay at the time of issuance of the licence one-half of the licence fee.

 

 

Renewal Application

 

 

- Taxicab Driver

130.00

April 30

- Taxi Plate Holder – Standard Taxicab

420.00

April 30

 

 

 

- Taxi Plate Holder – Accessible Taxicab

420.00

April 30

 

 

 

- Taxicab Broker – 1 to 24 taxicabs

620.00

April 30

- Taxicab Broker – 25 to 99 taxicabs

         1,900.00

April 30

- Taxicab Broker – 100 and more taxicabs

         5,600.00

April 30

Where an initial application is filed after the expiry of the first 6 months of the licence period, the applicant shall pay at the time of issuance of the licence one-half of the licence fee.

 

 

 

 

 

Late Fee (in addition to licence fee)

 

 

 

- Taxicab Driver and Taxicab Broker

 

- Taxi Plate Holder – Standard and Accessible                              

          

          50.00

 

         100.00

 

 

 

 

 

 

 

Licence Transfer Fees

 

 

- Taxi Plate Holder to Taxi Plate Holder

          3800.00

 

- Taxi Plate Holder – licence transfer fee from deceased taxicab owner to legal spouse or child within 3 months of death of licensee

300.00

 

- Vehicle to Replacement Vehicle

50.00

 

 

Replacement or Duplicate Fees

 

 

- Licence Plate

30.00

 

- Licence Certificate

20.00

 

- Change to Certificate

10.00

 

- Photo Identification

20.00

 

- Tariff Card

10.00

 

 

Inspection Fee per Vehicle

 

 

- Meter Check after initial check

50.00

 

- Vehicle Re-inspection

50.00

 

 

 

 

Addition to Priority List

50.00

 

Renewal Fee for Priority List

 

50.00

 

 


SCHEDULE “D”

 

RIGHTS AND RESPONSIBILITIES FOR TAXI DRIVERS AND TAXI PASSENGERS

 

 

Taxi passengers have a RIGHT to:

 

·        A professional driver

·        Direct the driver on the route to be taken by choosing a preferred route to any destination in the Ottawa/National Capital Region

·        Have the heater, air-conditioner and radio on or off

·        Be accompanied by a service animal

·        Use valid credit card as displayed in the cab

·        Be given a receipt for the trip

·        See the driver’s name, photo and identification number prominently displayed

·        See the metered fare

·        A free ride if the meter is not “on” or functioning

·        An effective customer complaints process

 

            Taxi passengers have a RESPONSIBILITY to:

 

·        Pay correct fare including any listed fees

·        Wear a seatbelt

·        Not request the driver to exceed the number of passengers permitted to be carried in the taxi

·        Not smoke or drink in the taxicab

·        Not expect the taxi to carry animals without the agreement of the taxi driver

 

 


SCHEDULE “E”

 

TAXI COST INDEX

BASIS FOR TAXI METER RATE ADJUSTMENTS

 

 

 

            Component                                 Series                                                            % of Index

 

1.         Stand Rent, Licenses,            CPI Ottawa; All-items (v737251)                        11.3%

            Union Dues, Other

 

2.         Insurance                               CPI Ontario; Automotive vehicle                          7.5%

                                                         insurance premiums (v736366)

           

3.         Fuel                                       CPI Ontario: Gasoline (v736363)                        17.1%

 

4.         Routine Repairs and               CPI Ontario: Automotive vehicle                            4.5%

            Maintenance                          parts, maintenance and repairs

                                                         (v736364)

 

5.         Amortized cost of                  CPI Ontario; Purchase of automotive                    7.7%

            vehicle, Radio and                 vehicles (v736361)                                             

            Equipment                            

           

6.         Earnings-all drivers                Ontario; Average hourly wage rate;                      52.00%

                                                         Full-time employees; Transportation and

                                                         Warehousing (v2153229)                                   

 

           

                                                                                                      TOTAL                    100%