Inter-municipal Transportation Network Services Business Licence Bylaw No. 3121 — full text

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Inter-municipal Transportation Network Services Business Licence Bylaw, 2020 Bylaw No. 3121 A Bylaw to enter into an Inter-municipal TNS Business Licence Scheme WHEREAS the municipalities that have entered or will enter into the Inter- municipal TNS Business Licence Agreement (the "Participating Municipalities") wish to permit licensed transportation network services ("TNS") businesses to operate across their jurisdictional boundaries thereby eliminating the need to obtain a separate municipal business licence in each jurisdiction; AND WHEREAS each of the Participating Municipalities has or will adopt a similar Bylaw to implement the Inter-municipal TNS Business Licence scheme; NOW THEREFORE, the Council of the City of Langley, in open meeting assembled, enacts as follows: Title 1. This Bylaw may be cited for all purposes as "Inter-municipal Transportation Network Services Business Licence Bylaw, 2020, No. 3121". Establishment 2. 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. Definitions 3. In this Bylaw: "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 TNS Business that has been licensed to operate in the Region 1 operating area by the Passenger Transportation Board; Inter-municipal Transportation Network Services Business Licence Bylaw, 2020, No. 3121 Page 2 "Inter-municipal TNS Business Licence" means a business licence which authorizes an Inter-municipal TNS Business to be carried on within the jurisdictional boundaries of any or all of the Participating Municipalities; "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. Provisions 4. Subject to the provisions of this Bylaw, 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. 5. All Inter-municipal TNS Business Licences will be issued by the City of Vancouver. 6. The City of Vancouver may issue an Inter-municipal TNS Business Licence to a TNS Business if the TNS Business is an Inter-municipal TNS Business and meets the requirements of this Bylaw, in addition to the requirements of the City of Vancouver's License Bylaw No. 4450. Inter-municipal Transportation Network Services Business Licence Bylaw, 2020, No. 3121 Page 3 7. Notwithstanding that a TNS Business may hold an Inter-municipal TNS 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 bylaw in addition to those under any other Bylaws, 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 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. Any fees paid by an applicant to any Participating Municipality for a Municipal Business Licence for the TNS Business prior to the availability of the Inter- municipal TNS Business Licence that are not refunded by that Participating Municipality will be credited against the initial Inter-municipal TNS Business Licence fee owing under this section 9. 10. The fee for any additional vehicles that begin operating under the authority of an Inter-municipal TNS Business License holder after the annual 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 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 TNS Business by the City of Vancouver may be less than 12 months in order to harmonize the expiry date of the Intermunicipal TNS Business Licence with the calendar year, 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 calendar year, including any partial months which will be counted as whole months. 12. 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 this Bylaw, then the Inter-municipal TNS Business Licence will cease to be valid within the jurisdictional boundary of that former Participating Municipality. Inter-municipal Transportation Network Services Business Licence Bylaw, 2020, No. 3121 Page 4 13. 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 Bylaw 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. 14. A Participating Municipality may exercise the authority of the City of Vancouver as the issuing municipality and cancel 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 cancel a business licence under the Community Charter or Vancouver Charter or the business licence Bylaw of the Participating Municipality. The cancellation will be in effect throughout all of the Participating Municipalities. 15. The suspension or cancellation of an Inter-municipal TNS Business Licence under section 13 or 14 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 TNS Business Licence. 16. Nothing in this Bylaw 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 Charter or sections 272, 273, 279A, 279A.1, 279B, and 279C of the Vancouver Charter. 17. 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-municipal TNS 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 Bylaw authorizing the municipality's withdrawal from the Inter-municipal TNS Business Licence scheme. 18. Despite any other provision of this Bylaw, an Inter-municipal TNS Business Licence granted in accordance with this Bylaw does not grant the holder a Inter-municipal Transportation Network Services Business Licence Bylaw, 2020, No. 3121 Page 5 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 Bylaw, even if a Participating Municipality is a participating member of the other inter- municipal TNS Business licence scheme. Severability 20. The invalidity or unenforceability of any provision of this Bylaw shall not affect the validity or enforceability of any other provisions of this Bylaw and any such invalid or unenforceable provision shall be deemed to be severable. Force and Effect 21. This bylaw shall come into force and effect on April 1, 2020. READ A FIRST, SECOND AND THIRD TIME this ninth day of March, 2020. FINALLY ADOPTED this twenty-third day of March, 2020. ________________________ MAYOR _________________________ CORPORATE OFFICER