Vehicles for Hire By-law No. 5336 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 091f5b258ce7 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TITLE: VEHICLES FOR HIRE BY-LAW NUMBER: 5336 PREAMBLE: TO SET OUT THE PROVISIONS FOR VEHICLES FOR HIRE WITHIN THE BOUNDARIES OF THE CITY OF SELKIRK DATE PASSED: OCTOBER 28, 2019 ## OBJECTIVES The objectives of this By-law are to - establish the operating requirements for a Vehicle for Hire and a Vehicle for Hire Business within the boundaries of the City of Selkirk. - set out By-law contraventions. ## INDEX 1. By-law Title 2. Definitions 3. Exclusion 4. Vehicle for Hire Business 5. By-law Contraventions 6. Right to Revoke or Suspend Business Permit 7. Chief Administrative Officer Authority 8. Fees, Charges and Costs 9. By-law Review 10. Severability 11. Sunset 12. Repealing 13. Effective Date 14. Authority The Council of the City of Selkirk enacts as follows: ## 1. BY-LAW TITLE This By-law shall be known as the Vehicles for Hire By-law. ## 2. DEFINITIONS "Accessibility Service" means using vehicles that have been designed or modified to assist person(s) who require additional mobility/accessibility transportation that is for profit. "Administrative Penalty" means the administrative penalties which maybe required to be paid for the contravention of designated by-laws. "Business Permit Holder" means a person who holds an existing Business Permit for a Vehicle for Hire Business issued by the City of Selkirk. "Business Permit" means, for the purpose of this By-law, a permit issued by the City which gives permission to operate a Vehicle for Hire Business within the City. "By-Law Enforcement Officer" means a person appointed or designated under The Municipal Act to enforce the by-laws of the City of Selkirk. "Charter Service" means using vehicles (a) with a manufacturer's seating capacity originally designed for 11 or more occupants including the driver; and - (b) that is used to transport a passenger for compensation where - (i) the vehicle is hired for a specific trip established in advance, and - (ii) the passenger controls the route travelled or the destination; "Chief Administrative Officer" means the Chief Administrative Officer for the City of Selkirk as designated by By-law. "City" means the City of Selkirk. "Director" means the Director of Protective Services, its successor position, or a City employee deemed responsible for the Vehicles for Hire By-law by the Chief Administrative Officer. "Vehicle for Hire" means a vehicle (a) with a manufacturer's seating capacity originally designed for 10 or fewer occupants including the driver; and - (b) that is used to transport a passenger for compensation where - (i) the vehicle is hired for a single trip, and - (ii) the passenger controls the route travelled or the destination; "Vehicle for Hire Business" means an authorized business operating within the City of Selkirk, including Vehicle for Hire, Charter Service or Accessibility Service. ## 3. EXCLUSION The Selkirk Transit Authority and subsidiaries are excluded from the requirements of this By-law. ## 4. VEHICLE FOR HIRE BUSINESS - 4.1 An Applicant must obtain a City Business Permit prior to commencing a Vehicle for Hire Business within the City. - 4.2 An Applicant must enter into a Vehicle for Hire Business Agreement prior to making an application for a City Business Permit. - 4.3 The City will not consider an application or grant a Business Permit without a valid Vehicle for Hire Business Agreement being included with the application for a Business Permit. - 4.4 A Vehicle for Hire Business must be in compliance with all applicable legislation, City By-laws; and obtain and keep current all necessary permits, licenses and liability insurances associated with the operation of a Vehicle for Hire Business. ## BY-LAW CONTRAVENTIONS - 5.1 Any person hindering or preventing a By-law Enforcement Officer in the course of carrying out the responsibilities of this By-law is a contravention of this By-law. - 5.2 One transaction of operating a Vehicle for Hire Business without a valid Business Permit and Vehicle for Hire Business Agreement is proof of a contravention of this By-Law. - 5.3 A Vehicle for Hire Business that is not in compliance with conditions of the Vehicle for Hire Business Agreement, the Business Permit, this By-law or any other applicable City By-law is in contravention of this By-law. ## 6. RIGHT TO REVOKE OR SUSPEND BUSINESS PERMIT The City has the right to revoke or suspend any Business Permit immediately if the Vehicle for Hire Business is not in compliance with conditions of the Vehicle for Hire Business Agreement, the Business Permit, this By-law or any other applicable City By- ## CHIEF ADMINISTRATIVE OFFICER DELEGATED AUTHORITY - 7.1 Unless otherwise set out in this By-law, the Chief Administrative Officer is delegated the authority to make regulations, implement policies, initiate works, establish fees and charges, rules or practice and procedures considered necessary to carry out the purpose and responsibilities of this By-law. - 7.2 The Chief Administrative Officer is delegated the authority to develop agreements and impose conditions which are required to be met to obtain and retain a Business Permit for a Vehicle for Hire Business. ## FEES, CHARGES AND COSTS - 8.1 A person who contravenes this By-law is liable for any fees, charges or costs associated with or resulting from enforcing this By-law, in addition to any Administrative Penalty. - 8.2 Fees, charges, and costs associated with the enforcement of this By-law include but are not limited to the actual costs incurred for responding to a complaint and response by the City By-law Enforcement Officer, legal and administrative related resources, and collection costs. - 8.3 Any costs associated with or resulting from enforcing this By-law are an amount owing to the City and may be collected in any manner as provided for in The Municipal Act. ## BY-LAW REVIEW This By-law shall be reviewed no less than every five years from the date it is passed. ## 10. SEVERABILITY The invalidity of any provisions of this By-law with an Act or Regulation in force in the Province of Manitoba or a decision of Court, shall not affect the validity or enforceability of any other provisions of this By-law, which shall remain in full force and effect. ## 11. SUNSET This By-law shall continue in force and effect until repealed. ## 12. REPEALING By-law No. 5089, being the Taxicab By-law, is hereby repealed. ## 13. EFFECTIVE DATE The effective date of this By-law shall be the day after it is passed. ## 14. AUTHORITY The Local Vehicles for Hire Act provides as follows: - 3(1) The council of a municipality may make by-laws under The Municipal Act for the purpose of regulating the vehicle-for-hire industry, including vehicles for hire and vehicle-for-hire businesses. - 3(2) In addition to the by-law powers set out in The Municipal Act, a by-law regulating the vehicle-for-hire industry may contain provisions - (a) determining the manner in which licences are to be allocated, including limiting the total number of licences, or the number of licences within a particular class, that are to be issued; - (b) prohibiting, controlling or limiting the transfer of licences; - (c) establishing requirements for persons who carry on or are engaged in the vehiclefor-hire business or any aspect of it, including the character and fitness of an Applicant or licence holder; - (d) prohibiting anyone other than a particular class of licence holder from being hired to transport a passenger - (i) by hail, being a request made by a verbal action such as calling out, yelling or whistling, or a visible physical action such as the raising of a hand or arm, or - (ii) as a result of the passenger first attending a location where a vehicle for hire is standing or parked; - (e) regulating the location and use of ranks or stands for the purpose of hiring a vehicle - (f) authorizing conditions for obtaining, holding or renewing a licence to be imposed on a member of a class without imposing them on all members of the class; - (g) authorizing conditions to be imposed at any time during the term of a licence as a requirement for continuing to hold the licence; - (h) specifying standards and other requirements for the vehicle-for-hire industry or any aspect of it, which may include standards and requirements for vehicles used as vehicles for hire and equipment used in the vehicle-for-hire business; - (i) respecting fees, rates, fares, tolls, tariffs or other charges that passengers may be charged, including - (i) establishing and specifying those charges or the manner in which those charges are to be determined, including by zones, meters or any other method, - (ii) permitting different amounts to be charged outside a municipality, - (iii) providing for the collection of those charges, and - (iv) regulating the disclosure of those charges, including the form and manner in which those charges must be disclosed to passengers; - (i) respecting the type and amount of insurance that must be obtained and held by an Applicant or licence holder; - (k) requiring records to be maintained by a licence holder and specifying their content and the length of time for which and the location at which those records must be retained; - (I) respecting information, including personal information as defined in The Freedom of Information and Protection of Privacy Act, that must be collected and provided to the municipality by a licence holder, and specifying the form and manner in which the information is to be provided and the time for doing so; - (m) establishing a Vehicles For Hire Commission, including - (i) providing for the appointment of members of the commission and remuneration - of those members who are not members of the council, - (ii) establishing rules governing the commission and its practices and procedures, and - (ili) assigning the commission the responsibilities set out in the by-law, such as administering the vehicle-for-hire by-law, hearing and deciding appeals concerning matters under the by-law, and making recommendations to the council about the matters relating to the vehicle-for-hire industry, including matters about public safety, service quality and consumer protection for passengers, and matters affecting those who work in the industry; - (n) respecting any transitional matters relating to the regulation of the vehicle-for-hire industry under vehicle-for-hire by-laws. - In regulating the vehicle-for-hire industry, a municipality must have regard for the desire to create and maintain a sustainable industry that meets the needs of the travelling public within the municipality as well as those who work in the industry. - If a passenger trip in a vehicle for hire crosses one or more municipal boundaries, the applicable vehicle-for-hire by-law is the by-law of the municipality in which the trip originated and that by-law applies for the entire trip unless the relevant municipalities agree otherwise. ## The Municipal Act provides as follows - 232(1) A council may pass by-laws for municipal purposes respecting the following matters: - (a) the safety, health, protection and well-being of people, and the safety and protection of property; - (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation; - (c) subject to section 233, activities or things in or on private property; - (c.1) subject to section 233.1, the condition and maintenance of vacant dwellings and non-residential buildings; - (c.2) subject to section 233.2, the conversion of rental units into units under The Condominium Act; - (d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads; - (e) private works on, over, along or under municipal roads; - (f) property adjacent to highways or municipal roads, whether the property is publicly or privately owned; - (g) the operation of off-road vehicles on public or private property; - (h) drains and drainage on private or public property; - (i) preventing and fighting fires; - (i) the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other firearms, and the use of bows and arrows and other devices; - (k) wild and domestic animals and activities in relation to them, including by-laws differentiating on the basis of sex, breed, size or weight; - (I) public utilities; - (m) local transportation systems; - (n) businesses, business activities and persons engaged in business; - (n. 1) the establishment of a program of property tax credits to encourage and assist in the renovation of buildings that have been designated as municipal heritage sites under The Heritage Resources Act; - (o) the enforcement of by-laws. - 232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division - (a) regulate or prohibit; - (b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard; - (c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways; - (d) establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, direction, management or control of the municipality; - (e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following: - (i) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation, - (ii) establishing fees for licences, permits and approvals that are higher for persons - or businesses who do not reside or maintain a place of business in the municipality, - (iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted, - (iv) providing that terms and conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them, - (v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law, and - (vi) providing for the posting of a bond or other security to ensure compliance with a term or condition; - (f) except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters; - (g) require persons who do not reside or have a place of business in the municipality to - report to the municipal office before conducting business in the municipality; and (h) require pawnbrokers to report all transactions by pawn or purchase to the head of - council or to the police. City of Selkirk Business Permit By-law No. 5273 (or successor by-law)        READ A FIRST TIME THIS 15th - DAY OF - , th READ A SECOND TIME THIS 28 th READ A THIRD TIME THIS 28 DAY OF \_ October Actober , 2019. , 2019. , 2019. DONE AND PASSED by the Council of the City of Selkirk, assembled at Selkirk, Manitoba, this 28th day of L eL, 2019. D. NICOL, CHIEF ADMINISTRATIVE OFFICER