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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1678
TAXI BYLAW
TOWN OF CARDSTON
BYLAW 1678
PAGE 1 OF 12
Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 2
TITLE ...................................................................................................................2
PURPOSE .............................................................................................................2
DEFINITIONS .......................................................................................................2
RULES FOR INTERPRETATION ............................................................................4
PART II - GENERAL AUTHORITY .............................................................. 4
TAXI INSPECTOR AUTHORITIES ..........................................................................4
BUSINESS AND VEHICLES ..................................................................................4
OPERATOR PERMITS ...........................................................................................6
OPERATORS PERMIT APPEALS ...........................................................................8
OBLIGATIONS AND RESTRICTIONS .....................................................................8
OBSTRUCTION .....................................................................................................10
OFFENCES AND PENLATIES................................................................................10
SEVERABILITY PROVISION ..................................................................................12
EFFECTIVE DATE ................................................................................................12
TOWN OF CARDSTON
BYLAW 1678
PAGE 2 OF 12
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1678
TAXI BYLAW
A BYLAW OF THE TOWN OF CARDSTON IN THE PROVINCE OF ALBERTA TO REGULATE THE
OPERATION OF TAXIS WITHIN THE TOWN.
WHEREAS, the Municipal Government Act, RSA2000, c/. M-26 authorizes Council to pass
bylaws for purposes respecting the following matters: safety, health and welfare of people and
the protection of people and property; people, activities and things in, on or near a public place
that is open to the public; businesses, business activities, and persons engaged is business;
AND WHEREAS, Council deems it necessary and in the public interest to regulate the safe
operation, licensing and registering of Taxi Driver(s) and taxi vehicles within the Town of
Cardston,
AND WHEREAS, the Traffic Safety Act R.S.A. 2000, c. T-6 provides that a Peace Officer may
stop, enter and inspect a commercial vehicle, including a Taxi, and to make inquiries of the
person operating the vehicle,
NOW THEREFORE, the Council of the Town of Cardston, duly assembled, enacts as follows:
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1. This bylaw shall be known as the "Taxi Bylaw" of the Town of
Cardston.
PURPOSE
2. The Purpose of this Bylaw is to regulate the operation of Taxis
within the Municipality of the Town of Cardston.
DEFINITIONS
3. In this bylaw:
(3.1) "Applicant" means a person who applies for a Taxi
Driver Permit,
(3.2) "Council" means the Council of the Town of Cardston,
(3.3) "Driver" means a person who is driving or is in actual
care and control of a vehicle,
(3.4) "Licensed Mechanic" means the holder of a Certificate
of Proficiency as a motor mechanic or heavy-duty
TOWN OF CARDSTON
BYLAW 1678
PAGE 3 OF 12
mechanic or equivalent certificate of accreditation;
(3.5) "Municipal Ticket" means a tag or similar document
issued by the Town of Cardston pursuant to the
Municipal Government Act.
(3.6) "Operate" means the driving of a Taxi, or the care and
control of a Taxi, whether or not it is in motion;
(3.7) "Peace Officer" means a Bylaw Enforcement Officer
appointed by the CAO of the Town of Cardston,
pursuant to Section 555 of the Municipal Government
Act and for the purpose of enforcement of this Bylaw
and shall include a Peace Officer appointed by the
Province of Alberta or a Member of the RCMP.
(3.8) "Provincial Violation Ticket" means a violation ticket
issued in accordance with the Provincial Offences
Procedures Act;
(3.9) "Registration Certificate" means the identification
certificate issued by the Town of Cardston pursuant to
this Bylaw to indicate that the vehicle may be used as a
Taxi. A Registration Certificate shall expire on the date
specified by the Licensing Officer;
(3.10) "Taxi" means a motor vehicle, in compliance with the
requirements of this Bylaw, that is operated by a
Licenced Taxi Operator within the Town of Cardston
and is used or intended to be used in the business of
conveying passengers or goods to destinations by the
passengers for hire, for gain or reward; and
3.10.1. is available for on demand service/hire by
members of the general public to travel to a
destination requested by the customer;
3.10.2. includes shuttle-buses (buses for transporting
large numbers of people at special events) and
limousines that are for hire, gain or reward;
3.10.3. does not include a motor vehicle authorized as
a school bus,
3.10.4. its fare or charge to its customers is based on
the distance travelled, or the amount of time
for which the vehicle is the vehicle is hired, or
a combination of the same;
(3.11) "Taxi Business" means the business of operating Taxis,
including accepting calls for the dispatch of Taxis in
any manner and/or the operation of any motor vehicle
TOWN OF CARDSTON
BYLAW 1678
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for hire by the public-at-large and has a valid Town of
Cardston Business Licence;
(3.12) "Taxi Inspector" means
3.12.1. the Chief Administrative Officer (CAO) of the
Town of Cardston or his/her designate for the
purposes of carrying out the responsibilities
defined under this Bylaw and;
3.12.2. Any Peace Officer as defined by this bylaw;
(3.13) "Taxi Operator" means a person who holds a valid and
subsisting Taxi Operator Permit issued by the Taxi
Inspector pursuant to this Bylaw;
(3.14) "Town" means the municipal corporation of the Town
of Cardston, or the geographical area falling within the
municipal boundaries of the Town of Cardston, as the
context requires.
RULES FOR
INTERPRETATION
4. The table of contents, marginal notes and headings in this bylaw
are for reference purposes only.
PART II - GENERAL AUTHORITY
TAXI INSPECTOR
AUTHORITIES
5. The Taxi Inspector is hereby delegated the authority to:
(5.1) carry out any inspections to determine compliance with
this Bylaw;
(5.2) take any steps or carry out any actions required to enforce
this Bylaw;
(5.3) take any steps or carry out any actions required to remedy
any contravention of this Bylaw;
(5.4) establish investigation and enforcement procedures with
respect to any contravention of this Bylaw;
(5.5) issue permits with such terms and conditions as are
deemed appropriate;
(5.6) delegate any powers, duties or functions under this Bylaw
to an employee of the Town of Cardston.
PART III - TAXI BUSINESSES AND VEHICLES
BUSINESS AND
VEHICLES
6. No person shall carry on a Taxi Business within the Town,
without complying with this Bylaw and being the holder of a
TOWN OF CARDSTON
BYLAW 1678
PAGE 5 OF 12
valid business licence, for such purpose, issued by the Town.
7. Upon application for a business licence, the annual renewal of
the business licence, or at such other time as may be directed by
the Taxi Inspector or Peace Officer, the person shall produce the
following:
(7.1) name of Taxi Company including the Certificate of
Incorporation;
(7.2) name(s) of the registered owner(s) and driver(s) of the
vehicle(s) the applicant owns or uses for the Taxi
business;
(7.3) proof of registration of the vehicle(s) to be used as Taxis;
(7.4) make, year, colour, and serial number of the vehicle(s);
(7.5) a written, and current within 6 months, mechanical
inspection check of vehicle(s) to be operated as a Taxi;
(7.6) a certificate from an insurance company licensed to carry
on business in the Province of Alberta, showing that the
applicant is the holder of a current existing policy of
insurance in respect of the vehicle(s) for which the
applicant intends to operate as a Taxi.
8. No person shall operate, cause to operate or permit a Taxi driver
to operate a vehicle as a Taxi:
(8.1) without first having obtained an approval for such vehicle
and placing the Registration Certificate on the right
bottom corner of the vehicle's windshield;
(8.2) if that vehicle has not completed a satisfactory
mechanical inspection in accordance with this Bylaw,
within the previous 12 months.
9. The name of the Taxi Business and unit number of the Taxi
shall be prominently displayed on each Taxi or its roof light in
lettering no less than 50mm in height.
10. The Registration Certificate must be prominently displayed on
the Taxi prior to it being utilized as a Taxi.
11. Every Taxi must have a mechanical inspection performed on it
by a Licenced Mechanic who shall inspect the steering, brake
system; windows, electrical light and signal systems, exhaust
system, and tire wear annually and all other provincial safety
standards for motor vehicles.
12. Every person who operates a Taxi shall ensure the Taxi is
equipped with a:
TOWN OF CARDSTON
BYLAW 1678
PAGE 6 OF 12
(12.1) first Aid kit;
(12.2) class 5BC fire extinguisher;
(12.3) two-way radio or phone system capable of
communicating with their Taxi Business office.
PART IV - TAXI OPERATORS PERMITS
OPERATOR
PERMITS
13. No person shall operate, or cause permit or hire another person
to operate, a vehicle as a Taxi within the Town without first
applying for and being issued a Valid Taxi Operators Permit for
the driver and having complied with the requirements of this
Bylaw.
14. An application for a Taxi Operators Permit, in accordance with
Schedule "A", shall be fully completed and signed by the
Applicant. The completed form shall be submitted to the
Licensing Officer with all required documents.
15. Eligibility requirements for a Taxi Operators Permit include a:
(15.1) valid Class of driver's licence that allows the driver to
operate a Taxi;
(15.2) letter stating 'acceptance for employment' from a Taxi
Business for which the driver will be employed;
(15.3) drivers Abstract; which must not include a finding of
guilt or conviction of an offence under the Traffic
Safety Act that in the opinion of the Licencing Officer,
posed a threat to public safety, within the last three
years preceding the application;
(15.4) criminal Records Check from the RCMP which must
not include a conviction for a an offence under Part V
or Part VIII of the Criminal Code of Canada or a
conviction for an offence that in the opinion of the Taxi
Inspector, posed a threat to public safety under any
other criminal statute of Canada or any other country
within the five years preceding the application; if a
Criminal Records Check reveals a "possible match" the
applicant must then provide an enhanced Criminal
Records Check to the Licencing Officer;
(15.5) confirmation that the driver has not been found in
breach of the Taxi Bylaw or had any conviction
pursuant to any municipal Bylaw or provincial statute
which would adversely affect the driver's ability to
properly conduct their duties as a Taxi Operator.
TOWN OF CARDSTON
BYLAW 1678
PAGE 7 OF 12
16. Should the applicant be selected for an enhanced Criminal
Records Check to further verify applicant eligibility
requirement specified in section 15(d), the Licencing Officer
may issue a Taxi Operators Permit extension of no more than
one hundred-twenty (120) days if the:
(16.1) applicant has met all other eligibility requirements to
the satisfaction of the Licencing Officer;
(16.2) applicant's current Taxi Operator Permit has not
expired; and
(16.3) the applicant pays a $100.00 fee to the Town of
Cardston that will be held as a security deposit until
satisfactory Criminal Records Check has been
provided, within the one hundred-twenty (120) day
extension period, to the Licencing Officer. Should the
Taxi Operator Permit applicant fail to submit a
Criminal Records Check, the $100.00 fee is not
refundable.
17. Upon receipt of an application for a Taxi Operators Permit and
all supporting documents, the Licencing Officer, or designate,
shall take such steps as deemed necessary to verify the accuracy
of the information contained in the application.
18. If the Licencing Officer determines that the applicant is eligible
to operate a Taxi and all documentation is submitted with
payment of an annual fee of $50.00, a Taxi Operators Permit
may be issued.
19. A Taxi Operators Permit expires one (1) year from the date of
issuance, or earlier if the Permit is suspended or cancelled by a
Peace Officer or the Taxi Inspector.
20. The Taxi Inspector shall refuse to issue a Taxi Operators Permit
if the applicant is ineligible for a permit in accordance with this
Bylaw.
21. A Peace Officer shall cancel a Taxi Operators Permit if the
permit holder becomes ineligible for a permit in accordance
with this Bylaw.
22. A Peace Officer may suspend a Taxi Operators Permit for a
time not exceeding the unexpired term of the permit or licence
for non-compliance with any requirement of this Bylaw or if the
person is charged with violations that may pose a threat to
public safety under any provincial or federal statute. The
suspension may be until such time as the requirements of the
Bylaw have been complied with or charges are cleared.
TOWN OF CARDSTON
BYLAW 1678
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23. In the event of a refusal, cancellation or suspension of a Taxi
Operators Permit, the applicant or holder of Taxi Operators
Permit shall receive written notification by the Taxi Inspector
stating:
(23.1) the decision of the Taxi Inspector;
(23.2) reasons for the decisions;
(23.3) appeal process available.
PART V - TAXI OPERATORS PERMIT APPEALS
OPERATORS
PERMIT APPEALS
24. If the owner of a Taxi Business, or a Taxi Operator Permit
holder or applicant receives notice of refusal, cancellation or
suspension of a Taxi Operators Permit, within seven (7)
calendar days of receiving the notice, the person so affected
may appeal the decisions to Council by
(24.1) personally delivering written notice of appeal and
reasons for the appeal to the office of the CAO; or,
(24.2) mailing a double registered written notice of appeal and
reasons for the appeal to the CAO.
25. Council shall conduct a hearing within twenty-one (21) calendar
days of receipt of the written notice of appeal.
26. Council shall render a decision to:
(26.1) uphold the appeal and direct that the permit be issued or
reinstated; or,
(26.2) dismiss the appeal and direct that the decision of the
Taxi Inspector is final.
27. If the refusal, cancellation or suspension of a Taxi Operators
Permit is appealed, the Taxi Inspector's decision shall be in
effect until Council renders a decision. Council's decision shall
be final and binding.
PART VI - OBLIGATIONS AND RESTRICTIONS ON TAXI
OPERATORS
OBLIGATIONS
AND
RESTRICTIONS
28. The holder of a Taxi Operators Permit shall:
(28.1) at all times while operating a Taxi, display his/her
permit in a place where all customers can view the
permit;
(28.2) report the loss or theft of the Taxi Operators Permit to
the Taxi Inspector;
TOWN OF CARDSTON
BYLAW 1678
PAGE 9 OF 12
(28.3) surrender the Taxi Operators Permit to a Peace Officer
when such permit has been cancelled or suspended;
(28.4) immediately notify the Taxi Inspector if he/she has
been charged with an offence under the Criminal Code
of Canada or the Controlled Drugs and Substances Act;
(28.5) immediately notify the Taxi Inspector if he/she has
been charged with any offence which would have made
him/her ineligible to apply for a Taxi Operators Permit.
29. Every person operating a Taxi shall produce any documents
relating to the operation of a Taxi to a Peace Officer upon
request.
30. No person operating a Taxi shall:
(30.1) drink any alcoholic beverage or be in any way
intoxicated or "under the influence" of any substance
while on duty;
(30.2) carry more passengers than there are legal seat belts
for;
(30.3) knowingly or negligently misinform or deceive any
person as to the time, place, arrival, or departure of any
public conveyances, or location of any place, structure
or building of destination;
(30.4) induce or coerce a person to hire a Taxi under false
pretences;
(30.5) smoke any tobacco products or electronic cigarettes in a
Taxi at any time in accordance with the Tobacco and
Smoking Reduction Act S.A. 2005, cT-3.8 and the Town
of Cardston Smoking Bylaw;
(30.6) knowingly carry any dangerous, illegal or contraband
goods or substances.
31. Every Taxi Operator shall accept all persons as customers
except when the person:
(31.1) is drunk, disorderly or in any way under the influence
of any substance that affects their better judgement;
(31.2) is indebted to Taxi Business with which the driver is
affiliated;
(31.3) is apparently unable to pay for the Taxi service;
(31.4) requests the Taxi to transport an animal or any article
which may affect the cleanliness of the Taxi, with the
exception of dogs trained for and used to guide the
TOWN OF CARDSTON
BYLAW 1678
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visually impaired, the hearing impaired or a person
with another physical disability;
(31.5) requests the Taxi to transport any prohibited item, or
request the Taxi driver to break any federal, provincial
or municipal laws.
PART VI - OBSTRUCTION
OBSTRUCTION
32. No person shall;
(32.1) obstruct or attempt to mislead a Peace Officer during
the course of his/her investigation into a contravention
of any section of this bylaw;
(32.2) provide false or misleading information to a Taxi
Inspector on any permit or business licence application.
PART VII - OFFENCES AND PENALTIES
OFFENCES AND
PENLATIES
33. An person or corporation that contravenes any provision of this
Bylaw is guilty of an offence pursuant to this Bylaw and is
liable on a:
(33.1) first conviction to a penalty not less than that
established in Schedule "B" of this Bylaw, and not
exceeding $10,000.00 or imprisonment for not more
than 1 year, or both, and in default of payment, to
imprisonment for a term not exceeding one year;
(33.2) second conviction, within a calendar year, to a penalty
not less than twice the amount of the penalty in
accordance with Schedule "B";
(33.3) third conviction, and subsequent offences within a
calendar year, to a penalty not less than three times the
penalty amount in accordance with Schedule "B".
34. When Peace Officer believes that a person has contravened any
provision of this Bylaw, the Peace Officer may commence
proceedings against the person by doing any of the following;
(34.1) serve the person with a Municipal Ticket, a Provincial
Violation Ticket, or a summons to appear in court;
(34.2) issue an order in accordance with the Municipal
Government Act, R.S.A. 2000, c-M26 as amended to
remedy the infraction;
(34.3) take whatever steps are necessary to remedy the breach
of the Bylaw and the cost of doing so becomes debt
TOWN OF CARDSTON
BYLAW 1678
PAGE 11 OF 12
owing to the Town by the person whom the order was
issued in accordance with the Municipal Government
Act R.S.A. 2000, c-M26 as amended.
35. If the person to whom an action under section 34 has been
issued, fails to comply with the action issued under section 34
within the specified time indicated, that person is guilty of an
offence under this section and a Peace Officer may take any or
all of the actions listed in section 34 regardless of any action
which has already been taken pursuant to section 34.
36. Where a contravention of this Bylaw is of a continuing nature,
further tickets may be issued by a Peace Officer provided,
however, that no more than one ticket shall be issued for each
day the contravention continues.
37. A ticket or summons shall be deemed to have been sufficiently
served if either:
(37.1) served personally on the accused;
(37.2) delivered by registered mail;
(37.3) left at the accused's usual place of residence with a
person who appears to be at least sixteen (16) years of
age; or,
(37.4) where the accused is a corporation, association, or
partnership, service shall be deemed sufficient if
delivered by registered mail or provided to a person
who is an employee or officer of the corporation,
association, or partnership.
38. If a Municipal Ticket is issued it must specify the fine amount
established in accordance with Schedule "B" of this Bylaw.
39. The person receiving the Municipal Ticket may either
(39.1) voluntarily pay the fine within (30) days of the date it
was issued, by delivering the Ticket and the full fine
amount, in person, to the Town of Cardston at 67 3
Avenue West, Cardston, Alberta, or by mailing the
Ticket and full fine amount to the Town of Cardston at
P.O. Box 280, Cardston, Alberta (T0K 0K0), or
(39.2) prior to the required date, request that a Provincial
Violation Ticket be issued in place of a Municipal
Ticket to allow that person to attend court with respect
to the offence.
(39.3) Neglecting to pay a Municipal Ticket within the Thirty
(30) days, will result in the Ticket becoming a
TOWN OF CARDSTON
BYLAW 1678
PAGE 12 OF 12
Received First Reading this 22 day of January, 2019
Received Second Reading this 12 day of February, 2019
Received Third & Final Reading this 12 day of February, 2019
Signed by the Mayor and the Chief Administrative Officer this 25 day of February, 2019
TOWN OF CARDSTON
MAYOR - Maggie Kronen
CHIEF ADMINISTRATIVE OFFICER - Jeff Shaw
Provincial Violation Ticket.
40. Payment of a specified penalty or fine or prosecution or
conviction for an offence under this Bylaw does not relieve a
person from compliance with any provision of this Bylaw.
Further, nothing in this Bylaw relieves a person from complying
with any federal, provincial, municipal bylaw, or any lawful
permit, order or consent.
SEVERABILITY
PROVISION
41. It is the intention of Council that each separate provision of this
Bylaw shall be deemed independent of all other provisions
herein and it is the further intention of Council that if any
provision of this Bylaw is declared invalid by a court or tribunal
of competent jurisdiction, all other provisions hereof shall
remain valid and enforceable.
EFFECTIVE DATE
42. This Bylaw shall come in force upon the date of its third and
final reading.