Inter-municipal Transportation Network Services Business Licence Agreement Bylaw No. 2955, 2023

Pitt Meadows, British Columbia · adopted 2023-06-20

This is the exact embedded text of the captured official document. Snapshot 28c3c451c76c · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

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 Repeal Inter-municipal Transportation Network Services Business License Bylaw No. 2846, 2020 is repealed.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 Page 3 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 Page 5 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 Page 6 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 Page 10 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 Page 11 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 _________________________________