DOCUMENT 1

BY-LAW NO. 2012 –

A by-law of the City of Ottawa to amend By-law No. 2007-268 respecting public transit.

The Council of the City of Ottawa enacts as follows:

1. The definitions of “Director” “proof of payment or POP” “transit pass” and “transit property” in Section 1 of By-law No. 2007-268 entitled “A by-law of the City of Ottawa respecting public transit”, as amended, are repealed and the following definitions are substituted therefor:

“Director” means the General Manager of the Transit Services Department, in the City Operations Portfolio of the City of Ottawa, or authorized representative;

“proof of payment” or “POP” means a valid transit pass, valid transfer slip or other authorized receipt, a valid transit employee identification card, a valid U-Pass during the period between September 1^st of one year and April 30^th of the following year, a Smartcard with a valid period pass or a record of a valid e-purse deduction for the trip, an Attendant Card, or other card, receipt for fare payment, or fare instrument acceptable to the Director;

“transit pass” means either

(a) a photo identification card plus a renewable voucher or a one-part photo ID card and voucher, both of which are issued by the City and indicate a fare category,

(b) a U-Pass, or

(c) a monthly or other fare instrument issued by the Director in accordance with the applicable policies of the City for a specific class of user;

“transit property” means all property owned, leased, or used by the City for the purposes of providing a passenger transportation system and includes the transitway, the transit station platform areas, the platforms, the transit stations, the transit vehicles, the transit shelters, the bus stops, the light rail facility, the Park and Ride Lots, and the properties and buildings located at 1500 St. Laurent Boulevard including the North and South garages, 899, 875 and 805 Belfast Road, 2550 Queensview Drive, 164 Colonnade Road, 3101 Albion Road, and 745 and 755 Industrial Road;

2. Section 1 of said By-law 2007-268 is amended by adding the following definitions thereto:

“Smartcard” means the Presto Smartcard fare instrument approved by City Council in the form of a card onto which funds or period passes of varying classes can be loaded electronically and used to pay the fare for a trip on a transit vehicle by means of tapping the card on an electronic reader provided for the purpose on the transit vehicle or on the light rail station platform area;

“U-Pass” means the fare instrument in the form of a card approved by the Director and issued to eligible students of applicable post-secondary educational institutions to be used from September 1^st of one year to April 30^th of the following year as part of the Council-approved Universal Transit Pass program.

3. Paragraph (a) of subsection 5(1), paragraph (c) of subsection 5(2), and paragraph (d) of subsection 5(3) of said By-law 2007-268 are all amended by repealing the words “Director, Traffic and Parking Operations” where they appear therein and substituting the words “General Manager, Public Works” therefor , and by repealing the words “Director, By-law Services” where they appear therein and substituting the words “General Manager, Emergency and Protective Services” therefor.

4. Paragraph (b) of subsection 8(1) of said By-law 2007-268 is repealed and the following paragraph is substituted therefor:

(b) the ride is authorized by a valid POP transfer, transit pass, Smartcard, transit ticket or other fare medium from time to time approved by the City;

5. Section 8 (1) of said By-law 2007-268 is amended by adding the following subsections thereto:

(3) When using a Smartcard to tender payment as required under subsection (1), no person shall fail to pay for a fare by means of tapping the Smartcard on the electronic reader provided for that purpose on the transit vehicle or on the light rail platform area immediately prior to or upon boarding the transit vehicle, and ensuring that the electronic reader has indicated that the fare payment has occurred.

(4) No person shall pay a fare or attempt to pay for a fare by using a transit pass or Smartcard of a fare category to which he or she is not entitled.

(5) No person shall apply for or obtain a transit pass or Smartcard of a category to which he or she is not entitled.

(6) No person shall fail to provide satisfactory proof that he or she has paid the required fare when requested to do so by a municipal law enforcement officer.

6. Section 11 of said By-law 2007-268 is repealed and the following subsection is substituted therefor:

11. No person shall fail to produce proof of payment of the proper fare, including proof of eligibility for a reduced fare, when requested to do so by a proper authority while travelling upon any transit vehicle designated by the Director as a POP vehicle.

7. The heading “STUDENT TRANSIT PASS” and the Section 14 of said By-law 2007-268 are repealed in their entirety and the following heading and Section are substituted therefor:

STUDENT AND SENIOR TRANSIT PASS AND SMARTCARD

14. (1) No person, other than a student as provided for in subsection (2), shall use a transit pass or Smartcard of a fare category for students.

(2) No person shall apply for or obtain a transit pass or a Smartcard of a fare category for students unless the person

(a) is a full-time student at a recognized educational institution in Ontario and is at least thirteen (13) years of age but is not older than nineteen (19) years of age; and

(b) presents a valid student identification card issued by such educational institution.

(3) Despite paragraph (a) of subsection (2), where a person is resident in Ontario and attends a recognized educational institution in Quebec, the person may present a valid student identification card from the Quebec educational institution when applying for a transit pass or Smartcard of a fare category for students.

(4) No person shall apply for, obtain, or use a transit pass or Smartcard

of a fare category for seniors unless the person is at least sixty-five

(65) years of age.

8. Section 15 of said By-law 2007-268 is amended by adding the following subsection thereto

(5) Failure to comply with subsections (1) to (5) may result in the confiscation

of the transit pass or POP transfer.

9. Subsection (1) of Section 27 of said By-law 2007-268 is repealed and the following subsection (1) is substituted therefor:

(1) Pursuant to subsection 62(15) of the Highway Traffic Act, those motor vehicles used by the City for transit law enforcement purposes may carry roof-mounted lights that case a red and blue light to the front.

10. Section 56 of Schedule “A” of said By-law 2007-268 is amended by adding the following paragraph (b) thereto:

(b) No person in charge of a vehicle shall fail to stop or fail to immediately come to a safe stop when requested to do so signalled by a person with proper authority.

11. This By-law comes into force on July 1, 2012.

ENACTED AND PASSED this day of , 2012.

CITY CLERK MAYOR