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1. ILLEGAL (BANDIT) TAXICABS – ADDITIONAL eNFORCEMENT pOWERS TAXIS
ILLÉGAUX (PIRATES) – POUVOIRS SUPPLÉMENTAIRES D’APPLICATION DES RÈGLEMENTS |
COMMITTEE
RECOMMENDATIONS
That Council direct staff to apply to the
Province of Ontario for legislative amendments:
1.
to allow the
City of Ottawa’s municipal law enforcement officers to enforce s. 39.1 of the Highway Traffic Act in respect of the
unauthorized pick-up of passengers for compensation by unlicensed taxicabs, or
alternatively to seek similar enforcement powers through amendments in other
legislation; and,
2.
to allow the
City of Ottawa’s municipal law enforcement officers to seize and impound
vehicles where the owners, drivers or brokers of such vehicles have been found
to be operating as unlicensed taxicabs or dispatching unlicensed taxicabs.
RecommandationS DU Comité
Que le Conseil donne la directive au personnel de demander au
gouvernement de l’Ontario des modifications législatives afin :
1.
de permettre aux agents
d’application des règlements municipaux de la Ville d’Ottawa d’appliquer l’art.
39.1 du Code de la route concernant l’embarquement non autorisé de passager
moyennant rémunération par des taxis sans permis ou, sinon, de les doter de
pouvoirs d’application similaires par la modification d’autres lois;
2.
de permettre aux agents
d’application des règlements municipaux de la Ville d’Ottawa de saisir des
véhicules lorsque leur propriétaire, chauffeur ou exploitant a été reconnu
coupable de les avoir utilisés ou envoyés comme taxis sans permis.
Documentation
1.
Deputy
City Manager, City Operations report dated 6 June 2011 (ACS2011-COS-EPS-0024).
Community and Protective Services Committee
Comité des services
communautaires et de protection
and Council / et au
Conseil
Submitted by/Soumis par : Steve
Kanellakos, Deputy City Manager/Directeur municipal adjoint, City
Operations/Opérations municipales
Contact Person/Personne
ressource : Linda Anderson, Chief, By-law and Regulatory Services
Emergency and Protective
Services/Services de protection et d'urgence
(613) 580-2424 x29257,
Linda.Anderson@ottawa.ca
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Ref N°: ACS2011-COS-EPS-0024 |
SUBJECT:
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OBJET :
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TAXIS ILLÉGAUX (PIRATES) – POUVOIRS SUPPLÉMENTAIRES D’APPLICATION DES
RÈGLEMENTS |
That the Community and Protective Services Committee recommend that
Council direct staff to apply to the Province of Ontario for legislative amendments:
1.
to allow the
City of Ottawa’s municipal law enforcement officers to enforce s. 39.1 of the Highway Traffic Act in respect of the
unauthorized pick-up of passengers for compensation by unlicensed taxicabs, or
alternatively to seek similar enforcement powers through amendments in other
legislation; and,
2.
to allow the
City of Ottawa’s municipal law enforcement officers to seize and impound
vehicles where the owners, drivers or brokers of such vehicles have been found
to be operating as unlicensed taxicabs or dispatching unlicensed taxicabs.
Que le Comité des
services communautaires et de protection recommande que le Conseil donne la
directive au personnel de demander au gouvernement de l’Ontario des
modifications législatives afin :
1.
de
permettre aux agents d’application des règlements municipaux de la Ville
d’Ottawa d’appliquer l’art. 39.1 du Code de la route concernant l’embarquement non autorisé de passager moyennant rémunération par des
taxis sans permis ou, sinon, de les doter de pouvoirs d’application similaires
par la modification d’autres lois;
2.
de permettre aux agents
d’application des règlements municipaux de la Ville d’Ottawa de saisir des
véhicules lorsque leur propriétaire, chauffeur ou exploitant a été reconnu
coupable de les avoir utilisés ou envoyés comme taxis sans permis.
Executive
Summary
While the City of Ottawa currently
regulates and licenses taxicab drivers, plateholders and brokers under its Taxi
By-law (By-law No. 2005-481), unlicensed and underground taxicab companies and
drivers continue to operate in the City.
While often successful, enforcement and prosecution of these illegal
operators under this by-law offers little relief in terms of the collection of
fines where convictions have been obtained.
The Highway Traffic Act creates
an offence under Section 39.1(1), (2) and (3) for any driver, owner or
dispatcher of an unlicensed taxicab that picks up passengers for compensation
where there is a municipal system of licenses in place in that area. Currently, this section of the Highway Traffic Act is only enforceable by a police officer or other officer appointed
under the Highway Traffic Act. Municipal law enforcement
officers are not currently authorized to enforce this provision.
Legislative amendments are needed to allow municipal law enforcement
officers to enforce this provision of the Highway Traffic Act and, further, to seize and impound vehicles
in cases where the driver, owner, or dispatcher has been operating a taxicab
service without having a valid taxicab license. These powers, and the ensuing
consequences of potentially seizing and impounding vehicles, are likely to
create a greater deterrent to the illegal operation of taxicabs than the simple
imposition of fines at the by-law level.
The
General Manager of Emergency and Protective Services has conducted an initial
consultation with Provincial officials, as well as representatives of the
licensed taxi industry and the Taxi Union, with the initial feedback being
positive. The Police Chief has also been
advised of this initiative and is supportive.
RÉSUMÉ
Bien que la Ville d’Ottawa vérifie et octroie des permis régulièrement
aux chauffeurs, détenteurs de plaques ou exploitants de taxis en vertu du
règlement municipal sur les taxis (règlement municipal no 2005-481),
des entreprises et chauffeurs de taxis sans permis et illégaux sont toujours en
activité dans la ville.
Bien qu’elles soient souvent
efficaces, les mesures d’application de la loi et de poursuite de ces
exploitants illégaux en vertu du règlement municipal sont peu utiles en matière
de recouvrement d’amendes lorsqu’il y a eu condamnation.
Selon les paragraphes
39.1(1), (2) et (3) du Code de la
route, l’utilisation par un chauffeur, un propriétaire ou
un répartiteur d’un taxi sans permis pour embarquer des passagers moyennant
rémunération lorsqu’un système municipal de permis est en place constitue une
infraction. Actuellement, cette disposition du Code de la route ne peut être appliquée que par des
policiers ou autres agents autorisés en vertu du Code de la route. Les agents d’application des règlements
municipaux ne sont actuellement pas autorisés à appliquer cette disposition.
Des modifications
législatives sont nécessaires pour permettre aux agents d’application des
règlements municipaux d’appliquer cette disposition du Code de la route et
de saisir des véhicules lorsque le chauffeur, le propriétaire ou le répartiteur
a utilisé un taxi sans permis valide. Ces pouvoirs, et les
conséquences qui découlent de la saisie de véhicules, devraient avoir un effet
dissuasif plus important que les simples amendes prévues par le règlement
municipal.
La directrice générale des Services de protection et
d’urgence a mené une consultation initiale avec des représentants du
gouvernement provincial, ainsi que des représentants de l’industrie des taxis
autorisés et du syndicat des chauffeurs de taxis, et les commentaires initiaux
ont été positifs. Le chef de police a également été informé de cette initiative
et appuie l’idée.
On June 23, 2010, as part of its consideration of a taxi-related report (ACS2010-COS-EPS-0025), Council directed staff to request that the
Province of Ontario grant municipalities the authority to impound vehicles that
are known to have operated as bandit cabs or that are operating as bandit cabs. While an initial negative response was
received in January 2011 from the Minister of Transportation in this regard
(attached as Document 1 and discussed below), given the growing significance of
the illegal taxicab industry in Ottawa, staff proposes to continue its efforts
to seek the desired legislative amendments.
Charges imposed under the City’s Taxi By-law for unlicensed operation of
taxicabs are not sufficient to deter the illegal taxicab industry in the
City. Staff therefore recommends that
legislative amendments continue to be sought to allow greater enforcement
powers for municipal law enforcement officers under the Highway Traffic Act or other relevant legislation.
Staff also recommends that additional powers be given to municipal law
enforcement officers, in cooperation with Ottawa Police Service, to potentially
seize and impound vehicles used in the illegal taxi trade.
Currently,
the City of Ottawa has in place a by-law that provides for the licensing and
regulation of taxicabs as well as taxicab drivers, plate holders (owners) and
brokers. Any licensee found to be in
contravention of the standards and requirements of the Taxi By-law may be the
subject of enforcement action and charges under the by-law. One such offence is operating a taxicab
without first obtaining a valid license to do so.
Between
2007 and 2009, 47 companies and drivers were charged under the Taxi By-law for
operating without a license, with the total fines levied amounting to $124,000. However, there is significant difficulty in
collecting these fines from the offenders and many remain unpaid. In the case of such offences, the Provincial
Offences Act does not provide that these outstanding fines may be applied to
the renewal of a driver’s license or vehicle plate and therefore, bandit cabs
companies continue to operate and thrive in Ottawa.
The
administration of a licensed taxicab regime is essential in ensuring the safety
of taxicab users. Licensed taxicab
drivers are the subject of a number of regulatory provisions including but not
limited to having proper insurance, undergoing periodic criminal records checks,
and successfully completing both a basic and an accessible drivers’ training course
at Algonquin College prior to driving a taxicab. In addition, the taxicab vehicles themselves
are subject to safety standards and must be clearly identified and regularly
inspected. All licensed taxicabs must be
equipped with working security cameras to ensure the safety of both drivers and
passengers. Further, taxi fares are
regulated under the by-law and licensees must also collect and pay the
harmonized sales tax.
Conversely,
unlicensed taxicabs operate on a completely unregulated basis creating a risk to
the safety of passengers that they pick-up and convey, and to other motorists
due to potentially unsafe vehicles and the lack of adequate insurance coverage. These unlicensed operators are also very difficult
to trace if an incident does occur and a complaint is lodged since there are no
visible markings on the vehicle except the Ontario license plate which is often
difficult to see and to remember.
Experiences of other Ontario Municipalities
The
Niagara Regional Police are responsible for the regulating of taxicabs in their
jurisdiction. They report that their
continuing enforcement efforts have resulted in multiple by-law and even
criminal charges against bandit cab operators and further confirm that these
underground drivers are on the increase.
While they are currently in a position to enforce the appropriate
section of the Highway Traffic Act,
they are fully supportive of amendments to applicable legislation to enable
enforcement officers to seize and impound unlicensed taxicabs.
Taxicab
regulations are also enforced by Police Services at Pearson International
Airport in Mississauga. During the
summer of 2010, there were 183 charges on the docket in the Mississauga Court
for airport illegal “scoopers” (bandit cabs).
Mississauga is also witnessing a growing problem.
With
the exception of the aforementioned examples, police services in Ontario do not
consider the regulation of taxicabs to be a priority leaving the responsibility
to municipal law enforcement officers who, despite seeing a growing number of
successful prosecutions and significant fines, observe the bandit taxicab
industry being unaffected and continuing to grow.
Current Initiatives to Address Bandit Taxicabs in the City of Ottawa
Being
mindful of the impact that illegal taxicab operators have on the regulated
industry, staff has initiated a joint enforcement operation with Ottawa Police
Services in order to enforce Section 39.1 of the Highway Traffic Act.
Additionally,
noting the increase in the number of bandit cabs in the two entertainment
districts in Ottawa – Elgin Street and the By Ward Market – By-law and
Regulatory Services is working in partnership with the Traffic Management and
Operational Support Branch of Public Works to re-purpose a large number of the
available parking spaces in these areas as “Taxis Only” zones between the hours
of midnight and 3:00a.m. This initiative
will ensure that only licensed taxicabs are at the curb to transport residents
home. As well, as part of the
Licensing By-law review and re-enactment expected to be before Committee in the
Fall, staff will consider the addition of a provision to that regulation which
would make it illegal for businesses licensed by the City, such as restaurants,
to post or allow to be posted any materials (e.g. posters, handbills, etc.)
advertising illegal activities such as, but not limited to, bandit
taxicabs.
The
additional powers being sought in respect of illegal taxicabs are two-fold:
Recommendation 1 – Ability to enforce s. 39.1 of the Highway Traffic Act or seek similar enforcement powers in other legislation
Currently,
only police officers or appointed officers can enforce s. 39.1 of the Highway Traffic Act. Allowing municipal law enforcement officers
to enforce this section of the Act would significantly increase the enforcement
efforts deployed in this regard and would likely have a greater impact on the
illegal taxicab industry in Ottawa.
Municipal law enforcement officers are already familiar with the taxi
industry and vehicles in the area since the municipality regulates vehicles,
operators and brokers under the Taxi By-law.
As well, fine amounts are significantly higher under this Act and it
provides that unpaid fines can be applied against a provincial driver’s
license.
Recommendation 2 – Ability to seize and impound vehicles found
operating as unlicensed taxicabs
The
power to seize and impound at the municipal level any vehicles that have been
operating as illegal cabs will create a greater deterrent for illegal operators
since, currently, fines obtained on conviction are difficult to collect and do
not appear to have sufficient impact. If these additional enforcement powers
are obtained, they would be implemented in cooperation and coordination with
existing law enforcement efforts of the Ottawa Police in this regard. As well, issues of affecting seizures and
impounding vehicles, including procedures to secure and store the vehicles in a
lawful manner, would be addressed and reinforced. It is anticipated there would be a
requirement for additional training of municipal law enforcement officers.
It
should be noted that a letter received by the Minister of Transportation of
Ontario in January 2011 (attached as Document 1) indicated that she did not
consider the granting of seizing and impounding authority to municipal entities
a viable solution due to potential problems involving illegal search and
seizure provisions of the Canadian Charter of Rights and Freedoms. It is recommended that staff, together with
the Ottawa Police Service, continue to correspond with the Minister and the
Ministry of Transportation and other Provincial ministries, as necessary, to
ascertain whether solutions to these problems can be found and if so, to work
out sound and viable legislative amendments that achieve the City’s goals.
There are no specific rural implications associated with the recommendations.
The
General Manager of Emergency and Protective Services has conducted an initial
consultation with Provincial officials, as well as representatives of the
licensed taxi industry and the Taxi Union, with the initial feedback being
positive. The Police Chief has also been
advised of this initiative and is supportive.
Notification
of the proposals was also posted on the City’s website in accordance with the
Notice By-law, as amended. A copy of the
staff report was forwarded to the members of the Taxi Stakeholder Consultation Group.
There are no legal impediments to the implementation of the recommendations of this report. As noted by staff, legislative amendments will be required to obtain the additional enforcement powers that are sought at the municipal level.
RISK MANAGEMENT IMPLICATIONS
There are no risk management implications associated with the recommendation.
There are no financial implications associated with the recommendation as the costs, if any, are included in the current budget for By-law and Regulatory Services. No incremental costs are anticipated.
There are no technological implications associated with the recommendation.
This report has no direct impact on the City Strategic Directions.
Document 1 – Correspondence dated January 18, 2011 from Minister Kathleen Wynne, Minister of Transportation
If approved by Council, staff of By-law and Regulatory Services, in consultation with the City Clerk and Solicitor Branch, will renew correspondence with the Office of the Minister of Transportation and other affected provincial ministries, as well as the Ottawa Police Service, the licensed taxi industry and other stakeholders in order to explore the recommended legislative amendments.