Pitt Meadows, British Columbia
· adopted 2023-06-20
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CITY OF PITT MEADOWS
INTER-MUNICIPAL TRANSPORTATION NETWORK SERVICES
BUSINESS LICENCE AGREEMENT BYLAW
Bylaw No. 2955, 2023
181947v1
A bylaw to enter into an agreement among the Participating Municipalities regarding
an Inter-municipal Transportation Network Services Business License Scheme
The Council of the City of Pitt Meadows enacts as follows:
Citation/Title
This Bylaw may be cited as the "Inter-municipal Transportation Network Services
Business Licence Bylaw No. 2955, 2023".
Authorization of Inter-municipal TNS Business Licence Agreement
Council authorizes the City to enter into an Agreement (the "Agreement") with
Participating Municipalities
a) to establish an Inter-municipal Transportation Network Services Business
Licence Scheme; and
b) in substantially the form and substance of the Agreement attached to, and
forming part of, this Bylaw as Schedule A.
The Mayor and Corporate Officer are authorized to sign the Agreement.
Repeal
Inter-municipal Transportation Network Services Business License Bylaw No.
2846, 2020 is repealed.
READ a FIRST, SECOND and THIRD time on June 13, 2023.
ADOPTED on June 20, 2023.
Nicole MacDonald
Mayor
Kate Barchard
Corporate Officer
Bylaw No. 2955, 2023
Page 2
181947v1
SCHEDULE A
Inter-municipal TNS Business Licence Agreement
WHEREAS the City of Abbotsford, the Village of Anmore, 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 District of Hope, the District of Kent, 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
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 Resort Municipality of Whistler, and the Corporation of the City of White
Rock (the "Participating Municipalities"), wish to permit 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;
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:
a) "Accessible Vehicle" means a motor vehicle designed and manufactured, or
converted, for the purpose of transporting persons who use mobility aids;
b) "Administrative Costs" means the direct and indirect costs and investments
attributable to administering the Inter-municipal TNS Business Licence scheme,
including wages, materials, corporate overhead and rent;
c) "Business" has the same meaning as in the Community Charter;
d) "Community Charter" means the Community Charter, S.B.C. 2003, c. 26, as may
be amended or replaced from time to time;
e) "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;
f) "Inter-municipal TNS Business Licence" means a business licence that authorizes
an
Inter-municipal TNS Business to be carried on within the jurisdictional boundaries
of any or all of the Participating Municipalities;
Bylaw No. 2955, 2023
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181947v1
g) "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;
h) "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;
i)
"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;
j)
"Participating Municipality" means any one of the Participating Municipalities;
k) "Premises" means one or more fixed or permanent locations where the TNS
Business ordinarily carries on Business;
l)
"TNS Business" means a person carrying on the business of providing
Transportation Network Services;
m) "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;
n) "Vancouver Charter" means the Vancouver Charter, S.B.C. 1953, c. 55, as may be
amended or replaced from time to time; and
o) "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 TNS Business Licence 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.
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 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 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 by-law in
Bylaw No. 2955, 2023
Page 4
181947v1
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 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.
10.
The fee for any additional vehicles that begin operating under the authority of an
Inter-municipal TNS Business Licence holder after the annual licence 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, including the
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
accounting of its Administrative Costs, at the time it distributes the remaining fees to
those Participating Municipalities.
12.
The revenue generated from Inter-municipal TNS Business Licence fees collected
from January 1 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 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 licence 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.
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
Bylaw No. 2955, 2023
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181947v1
the Participating Municipalities in accordance with the Inter-municipal TNS Business
Licence By-law, then the Inter-municipal TNS 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-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 by-law of the Participating Municipality. The
cancellation will be in effect throughout all of the Participating Municipalities.
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-municipal TNS Business Licence, to
the holder of the suspended or cancelled Inter-municipal TNS 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 Charter or 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-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 by-law authorizing
the municipality's withdrawal from the Inter-municipal TNS 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
Bylaw No. 2955, 2023
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181947v1
or replaced from time to time, or act to fetter or otherwise affect the Participating
Municipalities' discretion, 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-municipal 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 TNS Business
licence scheme.
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 of Anmore, 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 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 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 of Abbotsford
Mayor
_________________________________
Bylaw No. 2955, 2023
Page 7
181947v1
Corporate Officer
_________________________________
Date
_________________________________
Village of Anmore
Mayor
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
Bowen Island Municipality
Mayor
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
City of Burnaby
City Clerk
_________________________________
Date
_________________________________
City of Chilliwack
Mayor
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
City of Coquitlam
Mayor
_________________________________
City Clerk
_________________________________
Date
_________________________________
City of Delta
Bylaw No. 2955, 2023
Page 8
181947v1
Mayor
_________________________________
City Clerk
_________________________________
Date
_________________________________
Village of Harrison Hot Springs
Mayor
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
The District of Hope
Mayor
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
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
_________________________________
Bylaw No. 2955, 2023
Page 9
181947v1
Village of Lions Bay
Mayor
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
City of Maple Ridge
Presiding Member
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
The City 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
_________________________________
Bylaw No. 2955, 2023
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181947v1
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
_________________________________
The City of Richmond
Chief Administrative Officer
_________________________________
General Manager
_________________________________
Corporate and Financial Services
_________________________________
Date
_________________________________
Bylaw No. 2955, 2023
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181947v1
District of Squamish
Mayor
_________________________________
Corporate Officer
_________________________________
Date
_________________________________
City of Surrey
Mayor
_________________________________
City Clerk
_________________________________
Date
_________________________________
The City of Vancouver
Director of Legal Services
_________________________________
Date
_________________________________
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
_________________________________