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BYLAW 30-2016
VEHICLE FOR HIRE
STRATHCONA COUNTY
WHEREAS pursuant to sections 7 and 8 of the Municipal Government Act, RSA
2000, c M-26, Council may pass bylaws for municipal purposes respecting:
(A) the safety, health and welfare of people and the protection of people and
property;
(B) licences, permits and approvals; and
(C) the enforcement of bylaws.
NOW THEREFORE, the Council of Strathcona County enacts as follows:
PART I
CITATION, PURPOSE, INTERPRETATION, AND DEFINITIONS
Citation
1
This bylaw may be cited as the "Vehicle for Hire Bylaw".
Purpose
2
The purposes of this bylaw are:
(1) to ensure safety for customers and service providers in
the vehicle for hire industry; and
(2) to establish a system of permitting of vehicles for hire.
Interpretation
3
The headings in this bylaw are for reference purposes only.
Definitions
4
Unless otherwise specified, words used in this bylaw have
the same meaning as defined in the Traffic Safety Act.
5
In this bylaw:
(1) "Accessible Taxi" means a taxi that is equipped to
provide transportation services to persons using a
mobility aid;
(2) "Chief Commissioner" means the chief administrative
officer of the County or delegate;
(3) "County" means the municipal corporation of
Strathcona County;
(4) "driver's permit" means a permit to drive a vehicle for
Bylaw 30-2016
Page 2 of 17
hire issued pursuant to this bylaw, and includes:
(a) an accessible taxi driver's permit;
(b) a limousine and taxi driver's permit;
(5) "Fees, Rates and Charges Bylaw" means the County's
Fees, Rates and Charges Bylaw, being County Bylaw 5-
2016, as amended and replaced from time to time;
(6) "highway", for clarity, has the same meaning as
defined in the Traffic Safety Act which is any
thoroughfare, street, road, trail, avenue, parkway,
driveway, viaduct, lane, alley, square, bridge,
causeway, trestleway or other place or any part of
them, whether publicly or privately owned, that the
public is ordinarily entitled or permitted to use for the
passage or parking of vehicles and includes:
(a) a sidewalk, including a boulevard adjacent to the
sidewalk,
(b) if a ditch lies adjacent to and parallel with the
roadway, the ditch, and
(c)
if a highway right of way is contained between
fences or between a fence and one side of the
roadway, all the land between the fences, or all
the land between the fence and the edge of the
roadway, as the case may be,
but does not include a place declared by regulation not
to be a highway;
(7) "limousine" means a luxury motor vehicle that provides
pre-arranged transportation services and includes but
is not limited to a vehicle for which a limousine permit
has been issued;
(8) "peace officer" has the same meaning as defined in the
Provincial Offences Procedure Act;
(9) "permittee" means a person named on a permit issued
pursuant to this bylaw;
(10) "Provincial Offences Procedure Act" means the
Provincial Offences Procedure Act, RSA 2000, c P-34;
Bylaw 30-2016
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(11) "shuttle" means a motor vehicle that provides
transportation services to passengers based on a pre-
determined schedule and route;
(12) "taxi" means a motor vehicle that provides
transportation services to passengers as requested by
the passenger based on the distance travelled and
includes but is not limited to a vehicle for which a taxi
permit has been issued, but does not include a
limousine, a transportation network automobile, or a
shuttle;
(13) "Traffic Safety Act" means the Traffic Safety Act, RSA
2000, c T-6;
(14) "transportation network" has the same meaning as
defined in the Transportation Network Companies
Regulation;
(15) "transportation network automobile" has the same
meaning as defined in the Transportation Network
Companies Regulation, which for clarity means a motor
vehicle with a manufacturer's seating capacity
originally designed for 8 or fewer passengers, including
the driver, used to provide pre-arranged transportation
of passengers for compensation through the use of a
transportation network;
(16) "Transportation Network Companies Regulation"
means the Transportation Network Companies
Regulation, Alta Reg 100/2016;
(17) "vehicle for hire":
(a) means a motor vehicle used or offered for the
transportation of at least one passenger in return
for a fee from any place within the County to a
destination either within or outside of the County,
and includes but is not limited to:
(i)
an accessible taxi;
(ii)
a limousine;
(iii) a taxi;
(b) does not include:
Bylaw 30-2016
Page 4 of 17
(i)
a transportation network automobile;
(ii)
a shuttle;
(iii) any vehicle or class of vehicle exempted by
the Chief Commissioner;
(c)
without limiting the generality of clause (a), if the
transportation of a passenger is provided as part
of a package of additional goods or services for
which there is a fee, then the transportation of
the passenger is considered to be in return for a
fee unless the transportation is shown, on a
balance of probabilities, to be merely ancillary to
the goods or services;
(18) "vehicle permit" means a permit issued for a vehicle
for hire pursuant to this bylaw, and includes:
(a) an accessible taxi permit;
(b) a limousine permit;
(c)
a taxi permit.
(19) "violation ticket" has the same meaning as defined in
the Provincial Offences Procedure Act.
PART II
VEHICLE FOR HIRE OPERATION
Permit
Required
6
No person may drive, or cause or permit the driving, of a
vehicle for hire unless the person holds a valid driver's
permit.
7
No person may drive, or cause or permit the driving, of a
vehicle for hire unless a valid vehicle permit has been
issued for that vehicle.
8
No person may undertake, cause, or permit any of the
actions in sections 6 and 7 of this bylaw contrary to any
term or condition imposed on a permit.
9
Sections 6 through 8 of this bylaw do not apply to:
(1) a motor vehicle used as part of a transit system
operated by a municipality;
Bylaw 30-2016
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(2) a motor vehicle permitted and used as part of an inter-
municipal or inter-provincial bus service; or
(3) an emergency vehicle.
10
Sections 6 through 8 of this bylaw do not apply to:
(1) an accessible taxi for which a valid licence, permit or
approval has been issued by another municipality that
meets or exceeds the requirements of section 29 of
this bylaw as determined by the Chief Commissioner;
(2) a person driving an accessible taxi to whom a valid
licence, permit or approval has been issued by another
municipality that meets or exceeds the requirements
of section 32 of this bylaw as determined by the Chief
Commissioner;
(3) a limousine for which a valid licence, permit or
approval has been issued by another municipality that
meets or exceeds the requirements of section 29 of
this bylaw as determined by the Chief Commissioner;
or
(4) a person driving a limousine to whom a valid licence,
permit or approval has been issued by another
municipality that meets or exceeds the requirements
of section 32 of this bylaw as determined by the Chief
Commissioner.
Display of
Information
11
No person may drive, or cause or permit the driving, of a
vehicle for hire unless the valid driver's permit issued to the
person driving the vehicle for hire is:
(1) clearly and prominently displayed on or within the
vehicle in a location that is visible to all passengers; or
(2) provided to all passengers electronically through a
mobile application.
12
No person may drive, or cause or permit the driving, of a
vehicle for hire unless the valid vehicle permit issued for
that vehicle or other marking approved by the Chief
Commissioner is displayed so that it is visible from the
exterior of the vehicle.
Bylaw 30-2016
Page 6 of 17
Documents for
Inspection
13
On the request of a peace officer, the driver of a vehicle for
hire must produce to the peace officer any of the following:
(1) the person's valid driver's permit;
(2) a valid mechanical inspection certificate, in a form
satisfactory to the Chief Commissioner, for that vehicle
dated within one year prior to the date of the request;
(3) the valid vehicle permit for that vehicle;
(4) a valid certificate of insurance that meets the
requirements of section 29(5) of this bylaw;
(5) the person's valid provincial operator's licence;
(6) a valid provincial registration certificate for that
vehicle; and
(7) any other information pertaining to the operation of
the vehicle for hire requested by the peace officer.
Vehicle for
Inspection
14
Upon the direction of a peace officer or the Chief
Commissioner, a vehicle permit permittee must provide the
peace officer or Chief Commissioner with a valid mechanical
inspection certificate, in a form satisfactory to the Chief
Commissioner, for that vehicle dated within five days of the
date of the direction.
Seizure of
Permit
15
If a peace officer has reasonable grounds to believe that a
vehicle for hire is being driven in a manner contrary to this
bylaw, the peace officer may seize and take possession of:
(1) the vehicle permit issued for that vehicle;
(2) the driver's permit of the driver of the vehicle for hire;
or
(3) the vehicle permit issued for that vehicle and the
driver's permit of the driver of the vehicle for hire.
16
A permit seized pursuant to this section must be returned
to the Chief Commissioner as soon as practicable, along
with a written summary of the basis of the peace officer's
reasonable belief in support of the seizure.
17
Upon receipt of a seized permit, the Chief Commissioner
must either return the permit or decide to suspend, cancel,
Bylaw 30-2016
Page 7 of 17
or impose terms and conditions on the permit in accordance
with section 41 of this bylaw.
Service
Refusal
18
A person driving a vehicle for hire must not refuse a
request for service from a potential passenger.
19
Notwithstanding section 18 of this bylaw, a person driving a
vehicle for hire may refuse a request for service from a
potential passenger if, based on the circumstances, the
person reasonably believes there is a danger to their
personal safety or of serious damage to property.
20
The fact that a potential passenger is accompanied by an
assistance animal cannot be used to support a reasonable
belief as referred to in section 19 of this bylaw.
Driver of
Accessible
Taxi,
Limousine and
Taxi
21
No person may drive an accessible taxi unless that person
holds a valid accessible taxi driver's permit.
22
No person may drive a limousine or taxi unless that person
holds a valid limousine and taxi driver's permit.
PART III
VEHICLE FOR HIRE PERMITTING
Types of
Permits
23
Subject to the requirements of this Part, the Chief
Commissioner may issue the following permits:
(1) vehicle permit; and
(2) driver's permit.
Vehicle
Permits
24
Subject to the requirements of this Part, the Chief
Commissioner may issue the following types of vehicle
permits:
(1) accessible taxi permit;
(2) limousine permit;
(3) taxi permit.
Driver's
Permits
25
Subject to the requirements of this Part, the Chief
Commissioner may issue the following types of driver's
permits:
(1) accessible taxi driver's permit;
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Page 8 of 17
(2) limousine and taxi driver's permit.
Property of
County
26
Every permit issued pursuant to this bylaw or County Bylaw
20-2013 does not confer any property rights and remains at
all times the sole property of the County.
27
A permittee or other person in possession of a permit
issued pursuant to this bylaw may not sell, assign, lease, or
otherwise dispose of or give up control of a permit and
must surrender the permit to the County immediately if
requested by the Chief Commissioner.
Transferability
28
All permits are non-transferable.
Vehicle Permit
Issue
29
A person applying for a vehicle permit must provide all of
the following to the Chief Commissioner:
(1) a completed application form;
(2) the fee prescribed by the Fees, Rates and Charges
Bylaw;
(3) proof in a form satisfactory to the Chief Commissioner
that the person has a sufficient ownership interest in
the vehicle for which the vehicle permit will be issued;
(4) proof in a form satisfactory to the Chief Commissioner
that the vehicle for which the vehicle permit will be
issued has a valid provincial registration certificate;
(5) proof in a form satisfactory to the Chief Commissioner
that the vehicle for which the vehicle permit will be
issued and all persons who may drive that vehicle are
covered under a valid commercial insurance policy or
other valid insurance policy that meets all applicable
requirements for driving a vehicle for hire in the
Province of Alberta;
(6) a recent, and in any event dated within 90 days prior
to the date of application, valid mechanical inspection
certificate, in a form satisfactory to the Chief
Commissioner, for the vehicle for which the vehicle
permit will be issued;
(7) if the person is applying for an accessible taxi permit,
proof in a form satisfactory to the Chief Commissioner
that the vehicle for which the accessible taxi permit
Bylaw 30-2016
Page 9 of 17
will be issued is equipped to provide transportation
services to persons using mobility aids; and
(8) any other information reasonably required by the Chief
Commissioner to process the application.
Vehicle Permit
Expiry
30
Unless cancelled pursuant to this bylaw or as otherwise
specified on the vehicle permit, every vehicle permit expires
on the date that is one year following the date the vehicle
permit is issued.
Automatic
Cancellation of
Vehicle Permit
31
If a permittee's provincial registration certificate or
insurance policy is suspended, cancelled, or expires at any
time during the term of a vehicle permit, the vehicle permit
is deemed to be immediately cancelled without prior notice
to the permittee.
Driver's Permit
Issue
32
A person applying for a driver's permit must provide all of
the following to the Chief Commissioner:
(1) a completed application form;
(2) the fee prescribed by the Fees, Rates and Charges
Bylaw;
(3) proof in a form satisfactory to the Chief Commissioner
that the applicant holds a valid provincial operator's
licence that meets all applicable requirements for
driving a vehicle for hire in the Province of Alberta;
(4) a recent, and in any event dated within 30 days prior
to the date of application, criminal record check and a
vulnerable sector search acceptable to the Chief
Commissioner;
(5) a photograph of the applicant's face for incorporation
into the driver's permit to be taken by the Chief
Commissioner at the time of application;
(6) if the person is applying for an accessible taxi driver's
permit, proof of successful completion of an accessible
taxi driver training program acceptable to the Chief
Commissioner; and
(7) any other information reasonably required by the Chief
Commissioner to process the application.
Bylaw 30-2016
Page 10 of 17
Driver's Permit
Expiry
33
Unless cancelled pursuant to this bylaw or as otherwise
specified on the driver's permit, every driver's permit
expires on the date that is one year following the date the
driver's permit is issued.
Automatic
Refusal of
Driver's Permit
34
The Chief Commissioner shall refuse to issue a permit to
any person if during the 10 years immediately preceding
the person's application for a driver's permit the person was
convicted of an offence under the Criminal Code (Canada)
or the Controlled Drugs and Substances Act (Canada) that
is related to the functions, duties or business of a driver of
a vehicle for hire, including, without limitation,
(1) any offences of a violent nature, including firearms
and weapons offences,
(2) any offence involving sexual assault, sexual
exploitation, sexual interference, procuring or
invitation to sexual touching,
(3) trafficking,
(4) any offence involving fraud or fraudulent transactions,
conspiracy to defraud, the use of false pretences,
bribery, extortion or theft, or
(5) any offences relating to the unlawful operation of a
motor vehicle.
Automatic
Cancellation of
Driver's Permit
35
If a permittee is convicted of an offence under the Criminal
Code (Canada) or the Controlled Drugs and Substances Act
(Canada) that is related to the functions, duties or business
of a driver of a vehicle for hire, including, without limitation,
(1) any offences of a violent nature, including firearms
and weapons offences,
(2) any offence involving sexual assault, sexual
exploitation, sexual interference, procuring or
invitation to sexual touching,
(3) trafficking,
(4) any offence involving fraud or fraudulent transactions,
conspiracy to defraud, the use of false pretences,
bribery, extortion or theft, or
(5) any offences relating to the unlawful operation of a
Bylaw 30-2016
Page 11 of 17
motor vehicle,
that permittee's driver's permit is deemed to be
immediately cancelled without prior notice to the permittee.
36
If a permittee's provincial operator's licence is suspended,
cancelled, or expires at any time during the term of a
driver's permit, the driver's permit is deemed to be
immediately cancelled without prior notice to the permittee.
Duty to Inform 37
If, at any time during the term of a vehicle permit, the
provincial registration certificate or insurance policy
required by section 29 of this bylaw expires or is suspended
or cancelled, the permittee must immediately notify the
Chief Commissioner.
38
If, at any time during the term of a driver's permit, any
information contained in the criminal record check or
vulnerable sector search required by section 32 of this
bylaw changes, the permittee must immediately notify the
Chief Commissioner and provide an updated criminal record
check or vulnerable sector search.
39
If, at any time during the term of a driver's permit, the
permittee's provincial operator's licence expires or is
suspended or cancelled, the permittee must immediately
notify the Chief Commissioner.
PART IV
ROLE OF THE CHIEF COMMISSIONER
Permit Review
40
The Chief Commissioner may refuse to issue, suspend, or
cancel any permit issued pursuant to this bylaw, and may
impose any terms and conditions on any permit for any of
the following reasons:
(1) the applicant or permittee does not or no longer meets
the requirements of this bylaw;
(2) the applicant or the permittee or any of its officers,
employees, agents, or affiliates:
(a) furnishes false information or misrepresents any
fact or circumstance to a peace officer or the
Chief Commissioner;
(b) has, in the opinion of the Chief Commissioner
based on reasonable grounds, contravened this
Bylaw 30-2016
Page 12 of 17
bylaw whether or not the contravention has been
prosecuted;
(c)
fails to pay a fine or obey any order issued by a
court for a contravention of this bylaw;
(d) fails to pay any fee required by this bylaw;
(e) provides a cheque or other negotiable instrument
for payment of a fee required by this bylaw that
is returned to the County based on non-sufficient
funds; or
(3) in the opinion of the Chief Commissioner based on
reasonable grounds it is in the public interest to do so.
Service of
Decision
41
A decision to refuse to issue, suspend, cancel, or impose
terms and conditions on any permit issued pursuant to this
bylaw must be in writing and served on the applicant or
permittee by:
(1) sending the decision by regular mail to the mailing
address of the applicant or permittee; or
(2) personally serving the decision on the applicant or
permittee.
42
Service of a decision in accordance with section 41(1) of
this bylaw is presumed to be effected:
(1) 7 days from the date of mailing if the decision is
mailed to an address in Alberta; or
(2) 14 days from the date of mailing if the decision is
mailed to an address outside of Alberta but within
Canada.
43
Service of a decision in accordance with section 41(2) of
this bylaw is effected on the date of delivery.
Appeal
44
A person:
(1) who has been refused a permit;
(2) whose permit has been suspended or cancelled;
(3) whose permit has been made subject to terms or
conditions;
Bylaw 30-2016
Page 13 of 17
may appeal the decision to the General Appeals and Review
Committee by providing the fee prescribed by the Fees,
Rates and Charges Bylaw and filing a notice of appeal,
including reasons for the appeal, with the Chief
Commissioner within 14 days of the date the decision is
served on the person.
45
Notwithstanding section 44 of this Bylaw:
(1) a person may not appeal a refusal to issue a permit if
the reason for the refusal is the failure to provide
those items listed in this Bylaw and otherwise required
by the Chief Commissioner to process the application;
(2) a person may not appeal a refusal to issue a permit if
the refusal is pursuant to section 34 of this Bylaw;
(3) a person may not appeal a cancellation of a permit if
the cancellation is pursuant to section 35 of this
Bylaw;
(4) a person may not appeal a suspension of a permit
imposed automatically by the provisions of this Bylaw;
and
(5) a person may not appeal a cancellation of a permit
imposed automatically by the provisions of this Bylaw.
46
In deciding an appeal filed pursuant to section 44 of this
bylaw, the General Appeals and Review Committee has the
same powers granted to the Chief Commissioner under this
Bylaw.
Chief
Commissioner
Role
47
In addition to any other power, duty, or function prescribed
by this bylaw, the Chief Commissioner may:
(1) issue, refuse, suspend, cancel, or impose terms and
conditions on any permit authorized by this bylaw;
(2) designate vehicles or classes of vehicles as exempt
vehicles for hire;
(3) prescribe the form of valid mechanical inspection
certificate;
(4) prescribe the forms of vehicle permits and driver's
permits;
Bylaw 30-2016
Page 14 of 17
(5) prescribe application forms for permits issued pursuant
to this bylaw;
(6) prescribe minimum ownership interest requirements
for issuance of a vehicle permit;
(7) prescribe the form of and minimum requirements for
criminal record checks, vulnerable sector searches,
insurance policies, and provincial registration
certificates;
(8) prescribe criteria for any requirements or approvals
not otherwise specified in this section;
(9) modify or waive any requirement for issuance of a
permit pursuant to this bylaw, including reducing or
waiving the applicable fee;
(10) certify a record of the County as a true copy of the
original;
(11) carry out any inspection necessary to determine
compliance with this bylaw; and
(12) delegate any power, duty, or function under this
bylaw.
Permit
Replacement
Fee
48
If a permit issued pursuant to this bylaw is lost, damaged,
stolen, or destroyed, the Chief Commissioner may issue a
replacement permit of the same type, term, and with the
same terms and conditions upon payment of the permit
replacement fee prescribed in the Fees, Rates and Charges
Bylaw.
PART V
ENFORCEMENT
Offence
49
A person who contravenes this bylaw is guilty of an offence.
Continuing
Offence
50
In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of
each day, or part of a day, on which it continues and a
person guilty of such an offence is liable to a fine for each
such day.
Bylaw 30-2016
Page 15 of 17
Fine
51
A person found guilty of an offence under this bylaw is
liable to a fine in an amount not less than that established
in this section:
(1) $250 for any offence for which a fine is not otherwise
established in this section;
(2) $1000 for an offence under sections 6, 7 or 8 of this
bylaw.
52
If a person is guilty of a subsequent offence, the fine
amounts established in this bylaw are doubled.
Violation
Ticket
53
If a violation ticket is issued for an offence under this
bylaw, the violation ticket may:
(1) specify the fine amount established by this bylaw for
the offence; or
(2) require a person to appear in court without the
alternative of making a voluntary payment.
54
A person who commits an offence may, if a violation ticket
is issued specifying the fine amount established by this
bylaw for the offence, make a voluntary payment equal to
the specified fine amount.
Proof of
Permit
55
The onus of proving that a person has a valid permit for the
purpose of this bylaw is on the person alleging the permit
on a balance of probabilities.
Proof of
Exemption
56
The onus of proving that a person is exempt from a
requirement of this bylaw is on the person alleging the
exemption on a balance of probabilities.
Certified Copy
57
A copy of a record of the County, certified by the Chief
Commissioner as a true copy of the original, will be
admitted in evidence as prima facie proof of the facts stated
in the record without proof of the appointment or signature
of the person signing it.
Vicarious
Liability
58
For the purposes of this bylaw, an act or omission by an
employee or agent of a person is deemed to be an act or
omission of the person if the act or omission occurred in the
course of the employee's employment or agency
relationship with the person.
Bylaw 30-2016
Page 16 of 17
Corporations
59
If a corporation commits an offence under this bylaw, every
principal, director, manager, officer, employee, or agent of
the corporation who authorized, assented to, acquiesced, or
participated in the act or omission that constitutes the
offence is guilty of the offence whether or not the
corporation has been prosecuted for the offence.
Partnership
60
If a partner in a partnership is guilty of an offence under
this bylaw, each partner in that partnership who authorized,
assented to, acquiesced, or participated in the act or
omission that constitutes the offence is guilty of the
offence.
PART VI
TRANSITIONAL PROVISIONS, REPEAL AND COMING INTO FORCE
Transitional
61
On the coming into force of this bylaw and subject to
section 62 of this bylaw, the following transitional provisions
will apply to permits issued pursuant to County Bylaw 20-
2013 until the expiry, suspension, or cancellation of the
permit pursuant to this bylaw:
(1) a valid Taxi Driver's Permit is deemed to be a valid
limousine and taxi driver's permit; and
(2) a valid Taxi Vehicle Permit is deemed to be a valid taxi
permit.
62
If any permit deemed valid by the operation of section 61 of
this bylaw was subject to terms and conditions prior to the
coming into force of this bylaw, those same terms and
conditions are deemed to be applicable to the permit issued
pursuant to this bylaw.
Repeal
63
County Bylaw 20-2013 is repealed.
Coming into
Force
64
This bylaw comes into force on the 1st day of July, 2017.
READ A FIRST TIME THIS _21___ day of ___February__________, 2017.
READ A SECOND TIME THIS __21__ day of ___February__________, 2017.
READ A THIRD TIME THIS _21___ day of ____February_________, 2017.
Bylaw 30-2016
Page 17 of 17
SIGNED THIS __22__ day of ___February__________, 2017.
__Roxanne Carr________________
MAYOR
__Mavis Nathoo_________________
DIRECTOR, LEGISLATIVE AND LEGAL
SERVICES