Transportation Network Services (Ride-Hailing) Intermunicipal Business Licence Bylaw Number 5311, 2023 — full text

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CoQuitlam CityofCoquitlam BYLAW BYLAW NO. 5311, 2023 A Bylaw to establish a regional intermunicipal business licence for transportation network services (ride-hailing) and to provide for its administration WHEREAS: A. The Passenger Transportation Board has issued licences to transportation network services businesses ("TNS Businesses") to operate within a geographic region known as "Region I", which is comprised of the Metro Vancouver, Fraser Valley and Squamish-Lillooet areas; and B. Many of the Region 1 municipalities have expressed an intention to enact an intermunicipal business licence scheme, supported by an administration agreement, to enable TN5 Businesses to operate across thejurisdictional boundaries of those municipalities that adopt the necessary bylaw and agreement (the "Participating Municipalities"), thereby eliminating the need to obtain a separate business licence in each jurisdiction, NOW THEREFORE, the Council of the City ofCoquitlam, in open meeting lawfully assembled, ENACTS AS FOLLOWS: Part 1: Inter-municipal Business Licence Scheme 1. There is hereby established an Inter-municipal TNS Business Licence scheme among the Participating Municipalities, pursuant to section 14 of the Community Charter and section 192.1 of the Vancouver Charter. 2. In this Bylaw, the following words have the following meanings: "Accessible Vehicle" means a motor vehicle designed and manufactured, or converted, for the purpose of transporting persons who use mobility aids; "Business" has the same meaning as in the Community Charter; "Community Charter" means the Community Charter, S. B.C. 2003, c. 26, as may be amended or replaced from time to time; "Inter-municipal TNS Business" means a TN5 Business that has been licensed to operate in the Region l operating area by the Passenger Transportation Board; "Inter-municipal TN5 Business Licence" means a business licence which authorizes an Inter-municipal TNS Business to be carried on within thejurisdictional boundaries of any or all of the Participating Municipalities; File #: 09-3900-20/5311/1 Doc #: 4771069. V1 Page 2 BYLAW NO. 5311, 2023 "Mobility Aid" has the same meaning as in the Passenger Transportation Act, S. B.C 2004, c. 39. as may be amended or replaced from time to time; "Municipal Business Licence" means a licence or permit, other than an Inter-municipal TNS Business Licence, issued by a Participating Municipality that authorizes a Business to be carried on within the jurisdictional boundaries of that Participating Municipality; "Participating Municipality" means any one of the Participating Municipalities; "Premises" means one or more fixed or permanent locations where the TNS Business ordinarily carries on Business; 'TNS Business" means a person carrying on the business of providing Transportation Network Services; "Transportation Network Services" has the same meaning as in the Passenger Transportation Act, S. B.C 2004, c. 39, as may be amended or replaced from time to time; "Vancouver Charter" means the Vancouver Charter, S. B.C. 1953, c. 55, as may be amended or replaced from time to time;and "Zero Emission Vehicle" means a motor vehicle that is exclusively propelled by electricity or hydrogen from an external source. 3. Subject to the provisions of this By-law, each Participating Municipality will permit a TNS Business that has obtained an Inter-municipal TNS Business Licence to carry on the Business of providing Transportation Network Services within that Participating Municipality for the term authorized by the Inter-municipal TNS Business Licence without obtaining a Municipal Business Licence for the TNS Business in that Participating Municipality. 4. All Inter-municipal TNS Business Licences will be issued by the City of Vancouver. 5. The City of Vancouver may issue an Inter-munidpal TNS Business Licence to a TNS Business if the TN5 Business is an Inter-munidpal TN5 Business and meets the requirements of this By-law, in addition to the requirements of the City of Vancouver's License By-law No. 4450. 6. Notwithstanding that a 7A/5 Business may hold an Inter-munidpal TNS Business Licence that would make it unnecessary to obtain a Municipal Business Licence for the TN5 Business in the Participating Municipalities, the TN5 Business must still comply with all orders and regulations under any municipal business licence by-law in addition to those under any other by-laws, regulations, or provincial or federal laws that may apply within any jurisdiction in which the TN5 Business carries on Business. File #: 09-3900-20/5311/1 Doc #: 4771069. V1 Page 3 BYLAW NO. 5311, 2023 7. Any Participating Municipality may require that the holder of an Inter-munidpal TNS Business Licence also obtain a Municipal Business Licence for any Premises that are maintained by the licence holder within the jurisdiction of the Participating Municipality. 8. The annual Inter-municipal TNS Business Licence fee is $155, plus $150 for each vehicle operating under the authority of the Inter-municipal TNS Business, except that the per vehicle fee for Zero Emission Vehicles will be $30, and there will be no per vehicle fee charged for Accessible Vehicles. 9. The fee for any additional vehicles that begin operating under the authority of an Inter- municipal TNS Business License ho\der after the anr\ua\ license fee is paid will be the per vehicle fee set out in section 8, pro-rated by dividing the applicable annual per vehicle fee by 12 and multiplying the resulting number by the number of months remaining in that calendar year, including any partial months which will be counted as whole months. 10. The length of term of an Inter-municipal TNS Business Licence is 12 months, except that the length of term of the initial Inter-municipal TNS Business Licence issued to an Inter-municipal TN5 Business by the City of Vancouver may be less than 12 months in order to harmonize the expiry date of the Inter-municipal TN5 Business Licence with the calendaryear, in which case the annual fee will be pro-rated by dividing the applicable annual license fee by 12 and multiplying the resulting number by the numberof months remaining in that calendar year, including any partial months which will be counted as whole months. 11. An Inter-municipal TNS Business Licence will be valid within thejurisdictional boundaries of all of the Participating Municipalities until its term expires, unless the Inter-municipal TNS Business Licence is suspended or cancelled. If a Participating Municipality withdraws from the Inter- municipal TN5 Business Licence scheme among the Participating Municipalities in accordance with this By-law, then the Inter-municipal TNS Business Licence will cease to be valid within the jurisdictional boundary of that former Participating Municipality. 12. A Participating Municipality may exercise the authority of the City of Vancouver as the issuing municipality and suspend an Inter-municipal TNS Business Licence in relation to conduct by the holder within the Participating Municipality which would give rise to the power to suspend a business licence under the Community Charter or Vancouver Charter or under the business licence by-law of the Participating Municipality. The suspension will be in effect throughout all of the Participating Municipalities and it will be unlawful for the holder to carry on the Business authorized by the Inter-municipal TN5 Business Licence in any Participating Municipality for t\^e period of the suspension. File #: 09-3900-20/5311/1 Doc #: 4771069-vl Page 4 BYLAW NO. 5311, 2023 13. A Participating Municipality may exercise the authority of the City of Vancouver as the issuing municipality and cancel an Inter-municipal TN5 Business Licence in relation to conduct by the holder within the Participating Municipality which would give rise to the power to cancel a business licence undertheCommunity Charter or Vancouver Charter or the business licence by- law of the Participating Municipality. The cancellation will be in effect throughout all of the Participating Municipalities. 14. The suspension or cancellation of an Inter-munidpal TNS Business Licence under section 12 or 13 will not affect the authority of a Participating Municipality to issue a Municipal Business Licence, other than an Inter-municipal TNS Business Licence, to the holder of the suspended or cancelled Inter-municipal TN5 Business Licence. 15. Nothing in this By-law affects the authority of a Participating Municipality to suspend or cancel any Municipal Business Licence \ssued by that municipality or to enact regulations in respect of any category of Business under section 15 of the Community Charter or sections 272, 273, 279A, 279A. 1, 279B, and 279C of the Vancouver Charter. 16. A Participating Municipality may, by notice in writing to each of the other Participating Municipalities, withdraw from the Inter-municipal TNS Business Licence, scheme among the Participating Municipalities, and the notice must: (a) set out the date on which the withdrawing municipality will no longer recognize the validity within its boundaries of Inter-munidpal TN5 Business Licences, which date must be at least 6 months from the date of the notice; and (b) include a certified copy of the municipal Council resolution or by-law authorizing the municipality's withdrawal from the Inter-municipal TNS Business Licence scheme. 17. The invalidity or unenforceability of any provision of this By-law shall not affect the validity or enforceability of any other provisions of this By-law and any such invalid or unenforceable provision shall be deemed to be severable. 18. Despite any other provision of this By-law, an Inter-munidpal TNS Business Licence granted in accordance with this By-law does not grant the holder a licence to operate in any jurisdiction other than within the jurisdictional boundaries of the Participating Municipalities. 19. A business licence granted under any other inter-municipal TNS Business licence scheme is deemed not to exist for the purposes of this By-law, even if a Participating Municipality is a participating member of the other inter-municipal TN5 Business licence scheme. File #: 09-3900-20/5311/1 Doc #: 4771069-vl Pages BYLAW NO. 5311, 2023 Part 2: Intermunicipal Business Licence Administration Agreement Authorization 20. The Mayor and City Clerk are authorized to execute on behalf of the City of Coquitlam an agreement with the Participating Municipalities in a form and with content satisfactory to the General Manager Legislative Services generally as set out in Schedule "A" to this Bylaw. Part 3: General Provisions 21. This Bylaw may be cited for all purposes as the "Transportation Network Services (Ride-Hailing) Intermunicipal Business Licence Bylaw No. 5311, 2023. 22. Transportation Network Services (Ride-Hailing) Intermunicipal Business Licence Bylaw No. 5036, 2020 is hereby repealed. 23. This Bylaw shall come into force and take effect on June 1, 2023. READ A FIRST TIME this 24th day of April, 2023. READ A SECOND TIME this 24th day of April, 2023. READ A THIRD TIME this 24th day of April, 2023. GIVEN FOURTH AND FINAL READING and the Seal of the Corporation affixed this 15th day of May, 2023. MAYOR .^x-^_ CLERK File #: 09-3900-20/5311/1 Doc #: 4771069. V1 Page 6 BYLAW NO. 5311, 2023 Schedule "A" - Inter-municipal TNS Business Licence Agreement WHEREAS the City ofAbbotsford, the Village ofAnmore, the Bowen Island Municipality, the City of Burnaby, theCityof Chilliwack, the City of Coquitlam, the City of Delta, the Village of Harrison Hot Springs, the District of Hope, the District of Kent, the Corporation of the City of Langley, the Corporation of the Township ofLangley, the Village of Lions Bay, the City of Maple Ridge, the City of Mission, the Corporation of the City of New Westminster, the Corporation of the City of North Vancouver, the Corporation of the District of North Vancouver, the City of Pitt Meadows, the Corporation of the City of Port Coquitlam, the City of Port Moody, the City of Richmond, the District of Squamish, the City of Surrey, the City of Vancouver, the Corporation of the District of West Vancouver, the ResortMunicipality of Whistler, and the Corporation of the City of White Rock (the "Participating Municipalities"), wish to permit transportation network services ("TA/5") businesses to operate across their jurisdictional boundaries thereby eliminating the need to obtain a separate municipal business licence in each jurisdiction; NOW THEREFORE the Participating Municipalities agree as follows: 1. The Participating Municipalities agree to establish an Inter-municipal TNS Business Licence scheme among the Participating Municipalities, pursuant to section 14 of the Community Charter and section 192.1 of the Vancouver Charter. 2. The Participating Municipalities will request their respective municipal Councils to each ratify this Agreement and enact a by-law to implement an Inter-municipal TNS Business Licence scheme effective June 1, 2023. 3. In this Agreement: "Accessible Vehicle" means a motor vehicle designed and manufactured, or converted, for the purpose of transporting persons who use mobility aids; "Administrative Costs" means the direct and indirect costs and investments attributable to ad{Y\\n\stenng\. helnter-municipalTNS Business Licence scheme, including wages, materials, corporate overhead and rent; "Business" has the same meaning as in the Community Charter; "Community Charter" meansthe Community Charter, S. B.C. 2003, c. 26, as may be amended or replaced from time to time; "Inter-municipal TNS Business" means a TNS Business that has been licensed to operate in the Region 1 operating area by the Passenger Transportation Board; File #: 09-3900-20/5311/1 Doc #: 4771069. V1 Page 7 BYLAW NO. 5311, 2023 "Inter-municipal TN5 Business Licence" means a business licence that authorizes an Inter-municipal TN5 Business to be carried on within thejurisdictional boundaries of any or all of the Participating Municipalities; "Inter-municipal TNS Business Licence By-law" means the by-law adopted by the Council of each Participating Municipality to implement the Inter-municipal TNS Business Licence scheme contemplated by this Agreement; "Mobility Aid" has the same meaning as in the Passenger Transportation Act, S. B.C 2004, c. 39, as may be amended or replaced from time to time; "Municipal Business Licence" means a licence or permit, other than an Inter-municipal TNS Business Licence, issued by a Participating Municipality that authorizes a Business to be carried on within thejurisdictional boundaries of that Participating Municipality; "Participating Municipality" means any one of the Participating Municipalities; "Premises" means one or more fixed or permanent locations where the TNS Business ordinarily carries on Business; "TNS Business" means a person carrying on the business of providing Transportation Network Services; "Transportation Network Services" has the same meaning as in the Passenger Transportation Act, S. B.C 2004, c. 39, as may be amended or replaced from time to time; "Vancouver Charter" means the Vancouver Charter, S. B.C. 1953, c. 55, as may be amended or replaced from time to time;and "Zero Emission Vehicle" means a motor vehicle that is exclusively propelled by electricity or hydrogen from an external source. 4. Subject to the provisions of the Inter-municipal TN5 Business Licence By-law, each Participating Municipality will permit a TN5 Business that has obtained an Inter-municipal TNS Business Licence to carry on the Business of providing Transportation Network Services within that Participating Municipality-for the term authorized by the Inter-munidpal TNS Business Licence without obtaining a Municipal Business Licence for the TN5 Business in that Participating Municipality. 5. All Inter-munidpal TNS Business Licences will be issued by the City of Vancouver. File #: 09-3900-20/5311/1 Doc #: 4771069.vl PageS BYLAW NO. 5311, 2023 6. The City of Vancouver may issue an Inter-municipal TN5 Business Licence to a TN5 Business if the TN5 Business is an Inter-munidpal TN5 Business and meets the requirements of the Inter- municipal TNS Business Licence By-law, in addition to the requirements of the City of Vancouver's License By-law No. 4450. 7. Notwithstanding that a TA/5 Business may hold an Inter-municipal TN5 Business Licence that would make it unnecessary to obtain a Municipal Business Licence for the TNS Business in the Participating Municipalities, the TNS Business must still comply with all orders and regulations under any municipal business licence by-law in addition to those under any other by-laws, regulations, or provincial or federal laws that may apply within any jurisdiction in which the TNS Business carries on Business. 8. Any Participating Municipality may require that the holder of an Inter-municipal TNS Business Licence also obtain a Municipal Business Licence for any Premises that are maintained by the licence holder within the jurisdiction of the Participating Municipality. 9. The annual Inter-municipal TN5 Business Licence fee is $155, plus $150 for each vehicle operating under the authority of the Inter-municipal TN5 Business, except that the per vehicle fee for Zero Emission Vehicles will be $30, and there will be no per vehicle fee charged for Accessible Vehicles. 10. The fee for any additional vehicles that begin operating under the authority of an Inter- municipal TNS Business License ho\der after t]r\eannua\ license fee is paid will be the per vehicle fee set out in section 9, pro-rated by dividing the applicable annual per vehicle fee by 12 and multiplying the resulting number by the number of months remaining in that calendar year, including any partial months which will be counted as whole months. 11. The City of Vancouver will distribute the revenue generated from Inter-municipal TNS Business Licence fees amongst all Participating Municipalities based on the City of Vancouver retaining an amount to cover its Administrative Costs, with the remaining fees to be distributed proportionally to the Participating Municipalities, includingthe City of Vancouver, based on the number of pick-ups and drop-offs in that Participating Municipality. The City of Vancouver will provide the other Participating Municipalities with an itemized accounting of the fees collected and disbursed, including an accountingof its/Ac/m/n/sf/'af/ve Costs, at the time it distributes the remaining fees to those Participating Municipalities. File #: 09-3900-20/5311/1 Doc #: 4771069-vl Page 9 BYLAW NO. 5311, 2023 12. The revenue generated from Inter-municipal TNS Business Licence fees collected from January l to December 31 inclusive that is to be distributed to the Participating Municipalities in accordance with section 11, including the fees collected for any additional vehicles under section 10, will be distributed by the City of Vancouver by February 28 of the year following the year in which fees were collected. 13. The length of term of an Inter-municipal TN5 Business Licence is 12 months, except that the length of term of the initial Inter-municipal TNS Business Licence issued to an Inter-municipal TN5 Business by the City of Vancouver may be less than 12 months in order to harmonize the expiry date of the Inter-munidpal TNS Business Licence with the calendaryear, in which case the annual fee will be pro-rated by dividing the applicable annual license fee by 12 and multiplying the resulting number by the number of months remaining in that calendaryear, including any partial months which will be counted as whole months. 14. An Inter-municipal TNS Business Licence will be valid within the jurisdictional boundaries of all of the Participating Municipalities until its term expires, unless the Inter-municipal TNS Business Licence is suspended or cancelled. If a Participating Municipality withdraws from the Inter- municipal TNS Business Licence scheme among the Participating Municipalities in accordance with the Inter-munidpal TNS Business Licence By-law, then the Inter-municipal TN5 Business Licence will cease to be valid within the jurisdictional boundary of that former Participating Municipality. 15. A Participating Municipality may exercise the authority of the City of Vancouver as the issuing municipality and suspend an Inter-municipal TNS Business Licence in relation to conduct by the holder within the Participating Municipality which would give rise to the power to suspend a business licence under the Community Charter or Vancouver Charter or under the business licence by-law of the Participating Municipality. The suspension will be in effect throughout all of the Participating Municipalities and it will be unlawful for the holder to carry on the Business authorized by the Inter-municipal TNS Business Licence in any Participating Municipality for the period of the suspension. 16. A Participating Municipality may exercise the authority of the City of Vancouver as the issuing municipality and cancel an Inter-munkipal TN5 Business Licence in relation to conduct by the holder within the Participating Municipality which would give rise to the power to cancel a business licence under the Community Charterer Vancouver Charter or the business licence by- law of the Participating Municipality. The cancellation will be in effect throughout all of the Participating Municipalities. File #: 09-3900-20/5311/1 Doc #: 4771069.V1 Page 10 BYLAW NO. 5311, 2023 17. The suspension or cancellation of an Inter-municipal TNS Business Licence under section 15 or 16 will not affect the authority of a Participating Municipality to issue a Municipal Business Licence, other than an Inter-munidpal TN5 Business Licence, to the holder of the suspended or cancelled Inter-municipal TN5 Business Licence. 18. Nothing in this Agreement affects the authority of a Participating Municipality to suspend or cancel any Municipal Business Licence issued by that municipality or to enact regulations in respect of any category of Business under section 15 of the Community Charterer sections 272, 273, 279A, 279A. 1, 279B, and 279C of the Vancouver Charter. 19. A Participating Municipality may, by notice in writing to each of the other Participating Municipalities, withdraw from the Inter-munidpal TNS Business Licence scheme among the Participating Municipalities, and the notice must: (a) set out the date on which the withdrawing municipality will no longer recognize the validity within its boundaries of Inter-munidpal TN5 Business Licences, which date must be at least 6 months from the date of the notice; and (b) include a certified copy of the municipal Council resolution or by-law authorizing the municipality's withdrawal from the Inter-munidpal TN5 Business Licence scheme. 20. Nothing contained or implied in this Agreement shall fetter in any way the discretion of the Councils of the Participating Municipalities. Further, nothing contained or implied in this Agreement shall prejudice or affect the Participating Municipalities' rights, powers, duties or obligations in the exercise of their functions pursuant to the Community Charter, Vancouver Charter, or the Local Government Act, as amended or replaced from time to time, or act to fetter or otherwise affect the Participating Municipalities' d\scret\on, and the rights, powers, duties and obligations under all public and private statutes, by-laws, orders and regulations, which may be, if each Participating Municipality so elects, as fully and effectively exercised as if this Agreement had not been executed and delivered by the Participating Municipalities. 21. Despite any other provision of this Agreement, an Inter-municipal TNS Business Licence granted in accordance with the Inter-munidpal TNS Business Licence Bylaw does not grant the holder a licence to operate in any jurisdiction other than within the jurisdictional boundaries of the Participating Municipalities. Furthermore, a business licence granted under any other inter- municipal TNS Business licence scheme is deemed not to exist for the purposes of this Agreement even if a Participating Municipality is a participating member of the other inter-municipal TN5 Business licence scheme. File #: 09-3900-20/5311/1 Doc #: 4771069.V1 Page ll BYLAW NO. 5311, 2023 22. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original, and may be delivered by email or facsimile transmission, and each such counterpart, howsoever delivered, shall be deemed to be an original. Such counterparts together shall constitute one and the same instrument, notwithstanding that all of the Participating Municipalities are not signatories to the original or the same counterpart. 23. This Agreement replaces and supercedes the Inter-municipal TNS Business Licence Agreement entered into by the City of Abbotsford, the Village ofAnmore, the Bowen Island Municipality, the City of Burnaby, the City of Chilliwack, the City of Coquitlam, the City of Delta, the Village of Harrison Hot Springs, the Corporation of the City of Langley, the Corporation of the Township of Langley, the Village of Lions Bay, the City of Maple Ridge, the Corporation oftheCityofNew Westminster, the Corporation of the City of North Vancouver, the Corporation of the District of North Vancouver, the City of Pitt Meadows, the Corporation of the City of Port Coquitlam, the City of Port Moody, the City of Richmond, the District of Squamish, the City of Surrey, the City of Vancouver, the Corporation of the District of West Vancouver, the Resort Municipality of Whistler, and the Corporation of the City of White Rock in 2020. 24. In the event that the municipal Council of a Participating Municipality other than the City of Vancouver does not ratify this Agreement, then that municipality will not be considered a Participating Municipality for the purposes of this Agreement, and the terms and conditions of this Agreement shall be effective as among the other Participating Municipalities. Signed and delivered on behalf of the Participating Municipalities, the Councils of each of which have, by By-law, ratified this Agreement and authorized their signatories to sign on behalf of the respective Councils, on the dates indicated below. The City ofAbbotsford Mayor Corporate Officer Date File #: 09-3900-20/5311/1 Doc #: 4771069-vl Page 12 BYLAW NO. 5311, 2023 Village of Anmore Mayor Corporate Officer Date Bowen Island Municipality Mayor Corporate Officer Date CityofBurnaby City Clerk Date CityofChilliwack Mayor Corporate Officer Date File #: 09-3900-20/5311/1 Doc #: 4771069-vl Page 13 BYLAW NO. 5311, 2023 CityofCoquitlam Mayor City Clerk Date ^A^^ 1^^2-3 City of Delta Mayor City Clerk Date Village of Harrison Hot Springs Mayor Corporate Officer Date The District of Hope Mayor Corporate Officer Date File #: 09-3900-20/5311/1 Doc #: 4771069.V1 Page 14 BYLAW NO. 5311, 2023 The District of Kent Mayor Corporate Officer Date The Corporation of the City of Langley Mayor Corporate Officer Date The Corporation of the Township of Langley Mayor Township Clerk Date Village of Lions Bay Mayor Corporate Officer Date File #: 09-3900-20/5311/1 Doc #: 4771069.V1 Page 15 BYLAW NO. 5311, 2023 City of Maple Ridge Presiding Member Corporate Officer Date TheCity of Mission Mayor Corporate Officer Date The Corporation of the City of New Westminster Mayor City Clerk Date The Corporation of the City of North Vancouver Mayor City Clerk Date File #: 09-3900-20/5311/1 Doc #: 4771069.V1 Page 16 BYLAW NO. 5311, 2023 The Corporation of the District of North Vancouver Mayor Municipal Clerk Date The City of Pitt Meadows Mayor Corporate Officer Date The Corporation of the City of Port Coquitlam Mayor Corporate Officer Date City of Port Moody Mayor Corporate Officer Date File #: 09-3900-20/5311/1 Doc #: 4771069. V1 Page 17 BYLAW NO. 5311, 2023 The City of Richmond Chief Administrative Officer General Manager Corporate and Financial Services Date District of Squamish Mayor Corporate Officer Date City of Surrey Mayor City Clerk Date The City of Vancouver Director of Legal Services Date File #: 09-3900-20/5311/1 Doc #: 4771069. V1 Page 18 BYLAW NO. 5311, 2023 The Corporation of the District of West Vancouver Mayor Corporate Officer Date Resort Municipality of Whistler Mayor Municipal Clerk Date The Corporation of the City of White Rock Mayor Director of Corporate Administration Date File #: 09-3900-20/5311/1 Doc #: 4771069-vl