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THE CORPORATION OF THE TOWN OF AMHERSTBURG
BY-LAW NO. 2023-091
A By-law to provide for the Licensing, Regulating and governing Taxicabs,
Taxicab drivers, Taxicab owners and Taxicab Brokers in the Town of
Amherstburg
WHEREAS the Council of the Corporation of the Town of Amherstburg hereby deems it
expedient to amend By-law 2012-114, being a By-law to provide for the licensing,
regulating and governing Taxicabs, Taxicab Drivers, Taxicab owners and Taxicab
Brokers in the Town of Amherstburg;
AND WHEREAS Section 151 (1) of the Municipal Act, 2001, S.O. 2001, c.25 as
amended (the "Act"), provides that a municipality may provide for a system of licenses
with respect to a business;
AND WHEREAS Section 156 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a By-law under Section 156 with respect to the owners and drivers of
taxicabs, may establish the rates and far,es to be charged for the conveyance of
property or passengers either wholly witnin the municipality or from any point in the
municipality to any point outside the municipality and for the collection of the rates or
fares charged for the conveyance, and for limiting the number of taxicabs or any class
of them, in addition to any provisions the municipality may enact pursuant to its general
powers enumerated in Sections 9, 10 and 11 of the Act;
NOW THEREFORE the Council of the Corporation of the Town of Amherstburg hereby
enacts as follows:
1. THAT By-law 2023-091 attached hereto, is hereby adopted as the by-law to
provide for the licensing, regulating and governing Taxicabs, Taxicab Drivers,
Taxicab owners and Taxicab Brokers in the Town of Amherstburg.
2. THAT By-law 2023-091 may also be referred to as the Taxicab By-law
Read three times and finally passed this 27th day of November, 2023.
~ l---~UR-z_
ICHAEL PRUE
~~
C!:J:RK - KEVIN FOX
_,/
Amended December 12, 2022 B/L 2022-115
Amended B/L 2023-091, November 27, 2023
BY-LAW NUMBER 2012-114
OF THE CORPORATION OF THE
TOWN OF AMHERSTBURG
By-law to provide for the licensing, regulating and governing of
Taxicabs, Wheelchair Accessible Taxicabs,Taxicab Drivers,
Taxicab Owners and Taxicab Brokers in the Town of
Amherstburg
SECTION 1:
SECTION 2:
SECTION 3:
SECTION 4:
SECTION 5:
SECTION 6:
SECTION 7:
SECTION 8:
SECTION 9:
SECTION 10:
SECTION 11:
SECTION 12:
SECTION 13:
SECTION 14:
SECTION 15:
SECTION 16:
SECTION 17:
SECTION 18:
SECTION 19:
SECTION 20:
SECTION 21:
SECTION 22:
SECTION 23:
SECTION 24:
SECTION 25:
SECTION 26:
SECTION 27:
SECTION 28:
SECTION 29:
SECTION 30:
SECTION 31:
SECTION 32:
SECTION 33:
SECTION 34:
SECTION 35:
SECTION 36:
SECTION 37:
SECTION 38:
SECTION 39:
SECTION 40:
INDEX
DEFINITIONS
SHORT TITLE
INTERPRETATION
LICENCE REQUIRED
EXEMPTIONS
GENERAL PROVISIONS
GENERAL DUTIES - ISSUER OF LICENCES
LICENSING REQUIREMENTS - DRIVER
DRIVER DUTIES
LICENSING REQUIREMENTS - OWNER
INSURANCE
OWNERS DUTIES
LICENSING REQUIREMENTS - BROKER LICENCE
BROKER DUTIES
TERMS AND CONDITIONS
TIME FOR RENEWAL
GROUNDS FOR REFUSAL TO ISSUE OR RENEW LICENCE
SUSPENDING/REVOKING/CANCELLING A LICENCE
RETURN OF LICENCE
REQUEST FOR HEARING
NOTICE OF HEARING
HEARING
COUNCIL DECISION
DISPOSAL OF TAXICAB
REPLACMENT VEHICLE APPROVAL
RIGHT OF INSPECTION OF PREMISES OR VEHICLES
CHANGE OF LICENCE
CHANGES
LOST OR DESTROYED PLATES/LICENCE STICKER
COMPLIANCE WITH OTHER BY-LAWS
TRANSITION
FALSE ADVERTISTING
TRANSFER OF LICENCE
LIMITATION OF AN OWNER'S LICENCES/PLATE LIMIT
TAXICAB PLATE ISSUANCE WAITING LIST
ISSUANCE OF PLATE
ENFORCEMENT
OFFENCE AND PENAL TIES
SEVERABILITY
EFFECTIVE DA TE AND REPEAL
Amended B/L 2023-091 , November 27, 2023
BY-LAW NUMBER 2012-114 OF
THE CORPORATION OF THE
TOWN OF AMHERSTBURG
By-law to provide for the licensing, regulating and governing of
Taxicabs, Taxicab Drivers, Taxicab Owners and Taxicab Brokers
in the Town of Amherstburg
FINALLY PASSED the 20 day of March, 2012
WHEREAS Section 151 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
{the "Act"), provides that a municipality may provide for a system of licences with
respect to a business;
AND WHERAS s. 156(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a By-law under Section 156 with respect to the owners and drivers of
taxicabs, may establish the rates or fares to be charged for the conveyance of
property or passengers either wholly within the municipality or from any point in the
municipality to a y point outside the municipality and for the collection of the rates or
fares charged for the conveyance, and for limiting the number of taxicabs or any
class of them, in addition to any provisions the municipality may enact pursuant to its
general powers enumerated in Sections 9, 10 and 11 of the Act;
AND WHEREAS Council of the Town of Amherstburg considers it desirable and
necessary to license, regulate and govern Taxicab Drivers, Taxicab Owners and
Taxicab Brokers;
BE IT THEREFORE ENACTED by the Corporation of the Town of Amherstburg as
By-law thereof as follows:
SECTION 1: DEFINITIONS
In this By-law:
"Applicant" means a Person applying for a Licence in the first instance or for a
renewal under this By-law. If the Applicant is a corporation, then the Applicant shall
mean the individual holding more than 50% of the voting shares of such corporation
and if not one holds more than 50% of the voting shares, the Applicant shall mean
the shareholders of the corporation;
"CIR" means a Criminal Information Report containing the result of a search of the
Canadian Police Information Centre;
"Conveyance Service" means conveying one or more persons in exchange for a
fee or other consideration;
"Council" means the Council of the Corporation of the Town of Amherstburg;
"Dispatch" means the communication of an Order or other information in any
manner between a Broker and a Taxicab Driver;
"Dispatch Order" means a request for the Conveyance of Passengers by a
Taxicab;
"Fare" means the amount of money displayed on the Taxicab Meter at the
termination of a Trip, or the flat rate allowed under this By-law ;
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H. 8, as
amended, and the regulations thereunder;
"Issuer of Licences" shall mean the Clerk or his or her designate;
"Licence" means a licence issued under this By-law designating a specific vehicle
for use as a Taxicab within the Town of Amherstburg;
Town of Amherstburg Taxi By-law
Page2
Amended BIL 2023-091, November 27, 2023
"Licensee" means any Person to whom a current Licence is issued under this By-
law;
"Licence Sticker" means colored consecutively numbered sticker issued to the
Taxicab Owner's indicating the expiry year of the Taxicab Owner's Licence;
"Licence Renewal Sticker" means the colored consecutively numbered sticker
issued with the renewal of the Taxicab Owner's Licence, to be attached to the
Taxicab Owner's Plate. The sticker indicates the expiry year of the Taxicab Owner's
Licence.
"Mobility Aids" means an auxiliary aid such as canes, crutches, wheelchairs. May
also be referred to as Mobility Assistive Devices.
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and
any regulations thereunder;
"Officer" means a police officer or any Person appointed by the Town to enforce
this By-law;
"Operate" when used in reference to a Taxicab or Wheelchair Accessible Taxicab,
includes to drive the said vehicle and to make it available to the public for use as a
Taxicab or Wheelchair Accessible Taxicab; (Amended BIL 2023-091, November 27,
2023)
"Owner's Plate" means a metal or plastic number plate issued to the Taxicab
Owner under this By-law;
"Passenger" means any individual, not including the Driver, seated in a Taxicab,
and includes a Person engaging or attempting to engage a Taxicab to provide a
Conveyance Service;
"Person" means an individual, as ociation, firm, partnership, corporation, trust,
organization, trustee or agent, and the heirs, executors or legal representatives of
the Person to whom the context can apply according to law;
"Safety Standards Certificate" means a Safety Standards Certificate issued by the
Ministry of Transportation pursuant to the Highway Traffic Act;
"Tariff Card" means a card, showing the current tariff of rates, issued by the Clerk
for display in a Taxicab;
"Taxicab" means a motor vehicle as defined under the Highway Traffic Act having a
seating capacity of not more than six persons, exclusive of the driver, which vehicle
is for hire, kept or used for the conveyance of Passengers wholly or partly within the
Town of Amherstburg but does not include vehicles Operated by non-profit
organizations for the purpose of transporting disabled persons, or public vehicles as
defined under the Public Vehicles Act, or successor legislation.
"Taxicab Broker" means any Person who carries on the business of accepting
Orders for, or dispatching in any manner to, vehicles licensed under this By-law, that
are not owned by the Person.
"Taxicab Driver" means the driver of a Taxicab that is licensed or is required to be
licensed under this By-law. Where a Taxicab Owner personally drives or operates
the Taxicab, the term shall include the owner;
"Taxicab Meter" means a measuring device approved by the Clerk and used in a
Taxicab to calculate, amongst other things, the rate payable for a Trip;
"Taxicab Owner" means the Person who holds a Taxicab Owner Licence issued
under this By-law;
"Taxicab Plate" means the numbered metal plate issued by the Town under this By-
law to be affixed to the taxicab;
Town of Amherstburg Taxi By-law
Page 21
Amended B/L 2023-091, November 27, 2023
"Taxicab Wheelchair Accessible Plate Holder" means a person to whom a taxicab
wheelchair accessible plate holder licence and accompanying taxicab wheelchair
accessible plate have been issued pursuant to this By-law; (Amended B/L 2023-091
November 27, 2023)
"Taxicab Wheelchair Accessible Plate Holder Licence" means a certificate issued
by the Town to a taxicab wheelchair accessible plate holder pursuant to this By-law;
(Amended B/L 2023-091, November 27, 2023)
"Taxicab Wheelchair Vehicle" means a taxicab that is wheelchair-accessible,
permitting the loading, transportation and off-loading of a person with a disability
confined to a wheelchair or in reliance on a similar device, and is available for or
providing conveyance service; (Amended B/L 2023-091, November 27, 2023)
"Taxicab Wheelchair Accessible Plate Holder" means a person to whom a taxicab
wheelchair accessible plate holder licence and accompanying taxicab wheelchair
accessible plate have been issued pursuant to this By-law; (Amended B/L 2023-091,
November 27, 2023)
"Trip" means the distance and time traveled, measured from the place and time at
which a Passenger first enters a Taxicab or when a Taxicab Meter is first engaged,
whichever comes first, to the place and time-at which the Passenger finally leaves
the Taxicab or the Taxicab Meter is disengaged, whichever comes last;
Trip Sheet" means the written or digital record of the details of each Trip;
SECTION 2: SHORT TITLE
2.1
This By-law may be referred to as the "Taxi By-law".
SECTION 3: INTERPRETATION
3.1
The following Schedules attached hereto form part of this By-law:
I Schedule Al Tariff of Rates
-'-='-'-'-'--=-'-="-"'-----------
SECTION 4: LICENCE REQUIRED
4.1
No Person shall:
a)
Own or operate a Taxicab
or a Wheelchair
Accessible Taxicab
b)
Act as a Taxicab Broker,
unless the Person is licensed under this By-law.
SECTION 5: EXEMPTIONS
5.1
This By-law does not apply to the operation of:
a}
a motor vehicle with a seating capacity of 11 or more individuals,
including the Driver;
(b}
an ambulance or funeral hearse;
(c)
a motor vehicle that is inspected as a bus under Regulation 611 of the
Highway Traffic Act; or,
Town of Amherstburg Taxi By-law
Page 22
Amended B/L 2023-091, November 27, 2023
(d)
a school bus, as defined under subsection 175(1) of the Highway
Traffic Act, that is licensed under the Public Vehicles Act, R.S.O. 1990,
c. 54, as amended, while it conveys students to and from school, as
defined under subsection 175(1) of the Highway Traffic Act.
SECTION 6: GENERAL PROVISIONS
6.1
Every Taxicab Driver, Taxicab Owner and Taxicab Broker shall have a
Licence from the Town authorizing such Person to carry on or to engage in
the business of Conveyance of Passengers within the Town of Amherstburg.
6.2
No Person shall use or permit the use of a Taxicab or Wheelchair Accessbile
Taxicab without first obtaining a Licence for such vehicle and unless such
vehicle has affixed to it in a manner approved by the Clerk, a current Taxicab
Plate or Wheelchair Accessible Plate and current Licence Sticker. (Amended
B/L 2023-091, November 27, 2023)
6.3
Every Licence is at all times the property of the Town and is non-transferable
unless stated otherwise in this By-law and shall be valid only in respect of the
Person and specific vehicle named therein.
SECTION 7: GENERAL DUTIES - ISSUER OF LICENCES
7.1
The Issuer of Licences shall be responsible:
a)
To receive and process all applications for Licences and for the
renewal of Licences to be issued under this By-law.
b)
To date-stamp upon receipt all applications and process applications
in the order in which they are received, unless otherwise stated within
this By-law.
c)
To perform all of the administrative functions required by this By-law.
d)
Upon receipt of an application referred to in Sections 8, 10 and 12 of
this By-law, make or cause to be made all investigations required by
the By-law relative to such application.
e)
To issue all Licences under this By-law.
SECTION 8: LICENSING REQUIREMENTS - DRIVER
8.1
Any Person, providing such Person fulfills the requirements of this By-law,
may make an application to the Issuer of Licences for a Taxicab Driver's
Licence.
8.2
Every application for a Taxicab Driver's Licence under this By-law or for a
renewal thereof, shall be made in writing, upon the appropriate form provided
by the Issuer of Licences, and shall be accompanied by:
a)
Proof satisfactory to the Issuer of Licences that the Applicant is at
least eighteen (18) years of age, which shall include a copy of a valid
birth certificate or passport;
b)
Proof satisfactory to the Issuer of Licences that the Applicant holds in
their name, a current valid Class "G" (minimum) driver's licence issued
by the Province of Ontario, which is in good standing according to the
records of the Ministry of Transportation;
c)
An Ontario Driver's record from the Ministry of Transportation (Driver's
Abstract) dated not more than thirty (30) days prior to the date of the
Licence Application;
Town of Amherstburg Taxi By-law
Page 23
Amended Bil 2023-091, November 27, 2023
d)
An original CIR (Criminal information Report) from the appropriate
police agency dated within thirty (30) days before the date of the
application;
e)
A colour photograph taken by the Issuer of Licenses;
t)
The applicable Licence fee, as set out in the Town's User Fee By-law,
as may be amended from time to time.
8.3
If at any time the Applicant's photograph required under this By-law is not a
reasonable likeness of the Taxicab Driver because of physical changes, the
passage of time or poor quality photography, the Issuer of Licenses may
require the Taxicab Driver to have another photograph taken.
8.4
No Person shall be granted a Taxicab Driver's Licence where an investigation
under Section 8 of this By-law reveals that the Person is not entitled to be
licensed under this By-law.
8.5
A Person may be denied a Taxicab Driver's Licence where an investigation
reveals that such Person has failed to meet the requirements of Section 9 of
this By-law relating to Taxicab Driver's Duties;
SECTION 9: DRIVER DUTIES
9.1
Every Taxicab Driver licensed hereunder shall:
a)
Have displayed in the interior of the Taxicab his or her Taxicab
Driver's Licence as issued by the Issuer of Licenses and the Tariff
Card. The Taxicab Driver's Licence and Tariff Card shall be displayed
so that they are clearly visible to any Passenger in the Taxicab.
b)
Charge rates and fares for Taxicab service in accordance with the
Tariff Card as may be amended by Council from time to time.
c)
Not charge a higher fare or an additional fee for persons with
disabilities than for persons without disabilities for the same trip;
d)
Not charge a fee for the storage of Mobility Aids or Mobility Assistive
Devices;
e)
Take the Taxicab the most direct traveled route from the point of
pickup of the Passenger to the point of destination, unless otherwise
directed by the Passenger.
t)
Properly dressed and neat and clean.
g}
Be civil and courteous, and refrain from using profanity.
h)
Upon request of any Passenger, give in writing his/her name, the
name, and business address, and business telephone number of the
Taxicab Owner and the Cab Dispatch Company, and the Taxicab
Licence number for the Taxicab being operated.
i)
Upon request of any Passenger, make available vehicle registration
and identification information in an accessible format to persons with
disabilities who are Passengers and that the information met the
· requirements of subsection 58(3) of the Accessibility for Ontarians with
Disabilities Act, 2005.
j}
Not transport a child under the age of twelve (12) years old in the front
seat of the Taxicab without first disengaging the front seat Passenger
air bag.
Town of Amherstburg Taxi By-law
Page 24
Amended Bil 2023-091, November 27, 2023
k)
Upon being required to do so by the Issuer of Licenses or any Officer,
provide information regarding the address of the house or place to or
from which they have driven any Passenger with a description, name,
and address of the Passenger, if known to the Taxicab Driver.
I)
Not be under the influence of any intoxicant or take, consume or have
in his or her possession any intoxicant while in charge of a Taxicab.
m}
Not smoke in the Taxicab.
n)
Have the right to refuse a customer on the basis that the Taxicab
Driver is concerned for his or her personal safety.
o)
Notify the Issuer of Licenses immediately if the Taxicab Driver is
charged or convicted of an Offence.
p)
Operate a Taxicab when he or she is aware it would not comply with
requirements under the Safety Standards Certificate.
q)
Operate a Taxicab whose Taxicab Owner does not have Taxicab
Owner Licence and Plate.
r)
Operate a Taxicab for which there is no current insurance under the
Compulsory Automobile Insurance Act, R.S.O. 1990, c.C25 or other
applicable legislation.
s)
Operate a Taxicab whose Plate is not displayed on the rear bumper of
the Taxicab in accordance with Section 12.1 (q) of this By-law.
t)
Operate a Taxicab whose Meter:
1.
Has not been adjusted in accordance with Schedule "A" of the
By-law;
11.
Has not been approved by the Issuer of Licenses;
iii.
Does not operate properly;
iv.
Is not affixed or is affixed improperly.
SECTION 10: LICENSING REQUIREMENTS- OWNER
10.1
Any Person, providing such Person fulfills the requirements of this By-law,
may make an application to the Issuer of Licenses for a Cab Owner's
Licence.
10.2
Every application for a Taxicab Owner's Licence under this By-law or for a
renewal thereof, shall be made in writing, upon the appropriate form provided
by the Issuer of Licenses. If the Applicant is a Partnership, the partner must
complete the appropriate form provided by the Issuer of Licenses for such
Licence. If the Applicant is a corporation, the officer or director of the
corporation having signing authority must complete the appropriate form
provided by the Issuer of Licenses.
10.3
If the Applicant is an individual, hold a valid Taxicab Driver's Licence under
this By-law. If the Applicant is a corporation, one officer of the corporation
must hold a valid Taxicab Driver's Licence issued under this By-law.
10.4
Every application for a Taxicab Owner's Licence under this By-law or for a
renewal thereof, shall be accompanied by:
a)
A copy of the current motor vehicle ownership issued in the Applicant's
name or if the owner of the vehicle is a Corporation, a permit is issued
in the Corporation's name by the Ministry of Transportation for the
Town of Amherstburg Taxi By-law
Page 25
Amended B/L 2023-091, November 27, 2023
motor vehicle(s) of which the Applicant is the owner;
b)
An original current Safety Standards Certificate issued by the Ministry
of Transportation pursuant to the Highway Traffic Act with respect to
each Taxicab to be licensed;
c)
A copy of Insurance Certificate as required under Section 11 of this
By-law;
d)
The applicable Licence fee, as set out in the Town's User Fee By-law,
as may be amended from time to time.
10.5
If the Applicant is a Corporation, provide a copy of the incorporating
documentation to the Issuer of Licenses together with list of directors and
officers.
10.6
No Person shall be granted a Taxicab Owner's Licence:
a)
Where an investigation reveals that such Person has failed to meet the
requirements of Section 12 of this By-law relating to Taxicab Owner's
Duties;
b)
Where an investigation under Section 10 reveals that the Applicant is
not entitled to be licensed under this By-law.
10.7
Every Owner of more than one Taxicab required to be licensed under this By-
law shall apply for and obtain separate Taxicab Owner's Licence for each
Taxicab.
SECTION 11: INSURANCE
11.1
Every Taxicab Owner is required to provide the Issuer of Licenses a copy of a
current Ontario Standard Automobile Insurance Policy for the Applicant's
vehicle, evidencing a policy of insurance to the limit of at least two million
dollars ($2,000,000.00), exclusive of interest and costs, against loss or
damage resulting from bodily injury to or death of one or more persons and
loss of damage to property. Said policy to be endorsed to the effect that the
Municipality shall be given at least ten (10) days' notice in writing of any
cancellation, expiration or change in the amount of the policy, for each vehicle
being licensed;
11.2
The owner of the Taxicab or Wheelchair Accessible Taxicab shall be named as the
insured in said policy. (Amended B/L 2023-091, November 27, 2023)
11.3
Every licensed Taxicab Owner shall file with the Issuer of Licenses at least
five {5) days prior to the expiry date of the current insurance policy all
insurance renewal policies or certificates of insurance.
11.4
When a licensed Taxicab Owner ceases to have a current and valid Ontario
standard automobile insurance policy in good standing and properly
endorsed, the Licence shall be deemed to be suspended as of the date on
which the cessation of insurance came into effect, and the Licence shall only
be reinstated on there being delivered to the Issuer of Licenses, written proof
of insurance in accordance with the provisions of this By-law and to the
satisfaction of the Issuer of Licenses.
11.5
When a Taxicab Owner cancels his current insurance before the expiry date
of the policy, the Owner must produce a certificate of newly acquired
insurance.
SECTION 12: OWNER DUTIES
12.1
Every Taxicab Owner licensed hereunder shall:
Town of Amherstburg Taxi By-law
Page 26
Amended B/L 2023-091, November 27, 2023
a)
Employ only Taxicab Drivers who have current Taxicab Driver
Licenses issued under this By-law.
b)
Notify the Issuer of Licenses immediately if any Person in the employ
of the Taxicab Owner is charged or convicted of an Offence.
c)
If the Taxicab Owner utilizes the services of a Taxicab Broker for
Dispatch services, provide the Issuer of Licenses with a written
acknowledgement executed by the Affiliated Taxicab Broker that the
Taxicab Broker will provide Dispatch services to the Taxicab Owner.
d)
Not Affiliate with any Taxicab Broker for Dispatch services who is· not
licensed as a Taxicab Broker under this By-law.
e)
Notify the Issuer of Licenses immediately of any changes in the use of
the Taxicab Broker used for Dispatch services.
f)
Obtain from the Issuer of Licenses at time of renewal for each year a
Tariff Card to be used for the upcoming year, said Tariff Card shall be
in accordance with the provisions of the Schedules attached hereto, as
may be amended from time to time by Council.
g)
Ensure that the rates and fares charged for Taxicab service are as set
out in the Tariff Schedule attached hereto, as amended by Council
from time to time.
h)
Not charge a higher fare or an additional fee for persons with
disabilities than for persons without disabilities for the same trip.
i)
Not charge a fee for the storage of Mobility Aids or Mobility Assistive
Devices.
j)
Every Taxicab shall be equipped with a clear container to hold the
Taxicab Driver's Licence and Tariff Card and such container shall be
placed in a position that the Licence is visible and thereby readable by
any passenger in the Taxicab at all times.
k}
Upon request of any Passenger make available vehicle-registration
and identification information in an accessible format to persons with
disabilities who are passengers and that the information met the
requirements of subsection 58(3) of the Accessibility for Ontarians with
Disabilities Act, 2005.
I)
i.
ii.
iii.
m)
Keep a daily Trip Sheet showing:
the name of the Taxicab Driver, the date and the Vehicle
Owner's Plate number;
the location and time of the beginning and end of every Trip
made;
the amount of the Fare collected for each Trip;
Retain all Trip Sheets for at least twelve (12) months and make them
available for inspection at the request of an Officer or the Issuer of
Licenses.
n)
Ensure that the interior of all of the Taxicabs are in a clean condition
and in good repair and that the exterior of such Taxicab is clean and in
good repair.
o)
Ensure that propane and natural gas vehicles employed as Taxicabs
have annual inspections by a qualified inspector and have affixed to
the windshield a valid inspection sticker issued by a qualified
inspector. Provide proof satisfactory to the Issuer of Licenses, when
requested.
Town of Amherstburg Taxi By-law
Page 27
Amended B/L 2023-091, November 27, 2023
p)
Ensure that a current Plate and current Licence Sticker are affixed to
the rear bumper of the Taxicab in a manner approved by the Issuer of
Licenses to all Taxicabs owned by the Taxicab Owner and licensed
under this By-law.
q)
Every Taxicab and Wheelchair Accessible Taxicab shall have a
Taxicab Meter of a type approved by the Issuer of Licenses and so
located in the Taxicab as to be clearly visible to the Passenger at all
times. (Amended B/L 2023-091, November 27, 2023)
r)
Not operate a Taxicab or Wheelchair Accessible Taxicab when
the Taxicab Meter is out of order or defective in any way.
(Amended B/L 2023-091, November 27, 2023)
s)
Ensure that all Taxicab and Wheelchair Accessible Taxicab Meters are:
i.
Attached to the Taxicab in a location approved by the Issuer of
Licenses;
ii.
Adjusted in accordance with the Tariff provided in this By-law;
iii.
Submitted to the Issuer of Licenses whenever deemed
necessary for testing, inspection and further sealing;
iv.
Kept in good working condition at all times.
t)
Every year upon renewal of the Owner's Licence, have all Taxicabs
owned by the Taxicab Owner inspected for mechanical safety by a
licensed, third party mechanic registered with the Ministry of
Transportation and provide an original copy of the Safety Standards
Certificate Inspection to the Issuer of Licenses.
u)
When requested by the Issuer of Licenses, or any Officer, produce the
Taxicab for inspection.
v)
Ensure that all Taxicabs and Wheelchair Accessible Taxicabs
owned by the Taxicab Owner which are licensed under this By-law
are insured for the entire period of such Taxicab Licence in
accordance with the provisions of Section 11. (Amended B/L 2023-
091, November 27, 2023)
SECTION 13: LICENSING REQUIREMENTS - BROKER LICENCE
13.1
Any Person, provided such Person fulfills the requirements of this By-law,
may make an application to the Issuer of Licenses for a Taxicab Broker
Licence.
13.2
Every application for a Taxicab Broker Licence or for a renewal thereof, shall
be made in writing, using the appropriate form as provided by the Issuer of
Licenses, and shall be accompanied by:
(a)
Proof satisfactory to the Issuer of Licenses that the Applicant is at
least eighteen (18) years of age, which shall include a copy of a valid
birth certificate or passport;
(b)
Proof that he or she has a system for receiving Orders and
Dispatching Taxicabs;
(c}
The applicable Licence fee, as set out in the User Fee By-law, as may
be amended from time to time.
13.3
No Person shall be granted a Taxicab Broker Licence where:
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Amended B/L 2023-091, November 27, 2023
(a)
Where an investigation reveals that such Person has failed to meet the
requirements of Section 14 of this By-law relating to Broker Duties;
(b)
Where an investigation under Section 13 determines that the Applicant
is not entitled to be licensed under this By-law.
SECTION 14: BROKER DUTIES
14.1
Every Taxicab Broker licensed hereunder shall:
(a)
Keep a record of all Taxicab Owners in association with him or her,
such record to show the Plate number of the Taxicab, and Taxicab
Owner's name and address.
(b)
Notify the Issuer of Licenses within 72 hours of any addition to or
deletion of a Taxicab Owner from association with him or her.
(c)
Before providing Dispatch service for any Taxicab Owner, make
certain that every Taxicab Owner or Taxicab Driver associated with
such Taxicab Broker is duly licensed under this By-law.
(d)
Maintain a record of all calls received or dispatched giving date, time,
origin and Taxicab Driver's name. Records shall be retained in an
orderly manner, filed by date, for at least twelve (12) months, and shall
be made available for inspection at the request of the Issuer of
Licenses.
SECTION 15: TERMS AND CONDITIONS
15.1
Notwithstanding any other provisions of this By-law, Council may issue a
Licence or may renew a Licence subject to terms and conditions including
special conditions as are necessary to give effect to this By-law and the
attached Schedules and, such terms and conditions may include, but are not
limited to, conditions restricting the hours of business or conditions under
which the Taxicab may operate to ensure public safety, convenience and
comfort.
SECTION 16: TIME FOR RENEWAL
16.1
Any Licence issued pursuant to the provisions of this By-law to any Person
shall expire annually on December 31st or when surrendered to the Issuer of
Licenses.
16.2
A Licensee shall apply for a renewal of a Taxicab Driver's Licence by
November 30th of each year allowing for renewals to be in place by January
1st of each year.
16.3
A Licensee shall apply for a renewal of a Taxicab Owner's or Taxicab Broker
Licence by November 30th of each year allowing for renewals to be in place
by January 1st of each year.
16.4
The licensing fees shall be set out in the User Fee By-law, as may be
amended from time to time.
16.5
Licensing fees for Taxicab Owners and Taxicab Brokers are not refundable in
whole or part for any reason.
16.6
Licensing fees for any new Taxicab Driver Licence received after July 1st of
each year may be granted a 25% percent discount from the licensing fee.
16.7
Where an application for a Licence or for a Licence renewal is made in
accordance with the provisions of this By-law and where the Applicant meets
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Amended B/L 2023-091, November 27, 2023
all requirements as provided for in Sections of this By-law, the Issuer of
Licenses may issue or renew the Licence.
16.8
Taxicab Licenses issued pursuant to the provisions of this By-law and not
renewed in accordance with this By-law shall revert to the Town of
Amherstburg.
SECTION 17: GROUNDS FOR REFUSAL TO ISSUE, RENEW OR TRANSFER
LICENCE
17.1
The Issuer of Licenses shall issue, renew or transfer a Licence to an
Applicant whose application meets all the requirements of this By-law and its
Schedules, except where:
(a)
There are reasonable grounds to believe that any application or other
document provided to the Issuer of Licenses by or on behalf of the
Applicant contains a false statement or provides false information;
(b)
The past or present conduct of the Applicant, or of any partner, in the
case of an Applicant which is a partnership, or any director, officer or
shareholder of the corporation, if the Applicant is a corporation,
provides the Issuer of Licenses reasonable grounds to believe that
the business in respect of which the application for Licence is made
will not be carried on in compliance with any federal or provincial law
or municipal By-law or with integrity and honesty;
(c)
There are reasonable grounds to believe that the Applicant does not
meet all the requirements of this By-law;
( d)
The Applicant is in default in payment of any fine arising from a
conviction for an offence under this By-law;
( e)
There are reasonable grounds to believe that the premises in which
the business is carried on or is intended to be carried on does not
comply with the provisions of a municipal By-law, or with any other
law, including any applicable zoning and building requirements, or the
premises are dangerous or unsafe;
(f)
There are reasonable grounds to believe that the equipment, vehicles
and other personal property used or kept for hire in connection with
the carrying on of or engaging in the business licensed hereunder are
dangerous or unsafe; or
(g)
The fee payable in respect of the Licence applied for has not been
paid.
SECTION 18: SUSPENDING/REVOKING/CANCELLING A LICENCE
18.1
The Issuer of Licenses may suspend, revoke or cancel a Licence where:
(a)
The conduct of any Person, including the conduct of any officer,
director, employee or agent of a corporation gives reasonable grounds
to believe that the Person has not carried on or engaged in the
business in accordance with the law or with honesty and integrity;
(b)
The continuation ·of the Licence would be contrary to the health, safety
or well-being of people in the Town of Amherstburg;
( c)
The Licensee is convicted of an Offence or has past convictions under
any provision of this By-law, or any other By-law, statute or regulation;
(d)
The Licensee is carrying on an activity that is in contravention of this
By-law, or any other By-law, statute or regulation;
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Amended B/L 2023-091, November 27, 2023
( e)
It is determined that the business does not comply with applicable
legislation including but not limited to land use control By-laws,
requirements under the Planning Act, the Building Code, the Fire
Protection and Prevention Act, and the Town's Property Standards By-
law;
(f)
The Licence was issued in error based on incorrect or incomplete
information provided by the Applicant;
(g)
The Licensee would be disentitled to a Licence for any other reason
set out in this By-law;
(h)
There are reasonable grounds to believe that the equipment, vehicles
and other personal property used or kept for hire in connection with
the carrying on of or engaging in the business licensed hereunder are
dangerous or unsafe; or
(i)
The fee payable in respect of the Licence applied for has not been
paid.
18.2
The Issuer of Licenses may, for the time and on such conditions as it
considers appropriate, suspend a License, without a hearing, if the Issuer of
Licenses is satisfied that the continuation of a business poses an immediate
danger to the health or safety of any person or to any property and subject to
the following:
(a)
Before suspending the licence, the Issuer of Licenses shall provide the
Licensee with the reasons for the suspension, either orally or in
writing, and an opportunity to respond to them.
(b)
The suspension shall not exceed fourteen (14) days.
18.3
Except for a suspension of a License as described in 18.2, the Issuer of
Licenses shall not suspend, revoke or cancel a Licence until a hearing has
been held in accordance with Section 22.
SECTION 19: RETURN OF LICENCE
19.1
Every Taxicab Plate shall remain the property of the Town of Amherstburg
and shall be returned to the Issuer of Licenses upon demand. No Person
shall enjoy a vested right to a Licence issued under this By-law.
19.2
Taxicab Plates are non-transferable unless otherwise stated in this By-law.
19.3
When a licence has been suspended, revoked or cancelled, the holder of the
Licence shall return the Licence and the Taxicab Plate (if applicable), to the
Issuer of Licenses within forty-eight (48) hours of receipt of written notice of
the decision and the Issuer of Licenses or any Officer may enter upon the
business premises or vehicles of the Licensee during business hours for the
purpose of receiving, taking or removing said Licence or Taxicab Plate.
19.4
If a Taxicab Driver's Ontario Driver's licence has been suspended, cancelled
or revoked, or where the Ontario Driver's licence has expired and is no longer
valid, the Taxicab Driver's Licence issued under this By-law shall be deemed
to be suspended as of the date of suspension, expiration, cancellation or
revocation of the Ontario Driver's licence and the Taxicab Driver shall
immediately return to the Issuer of Licenses the Taxicab Driver's Licence
issued under this By-law.
SECTION 20: REQUEST FOR HEARING
20.1
Where the Issuer of Licenses refuses to issue, renew or transfer a Licence, or
intends to suspend, revoke or cancel a Licence, the Issuer of Licenses shall
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Amended B/L 2023-091, November 27, 2023
notify the Applicant in writing of such decision. The notice shall set out the
grounds upon which the issue of the said Licence is refused or the grounds
that the Licence is or has been suspended, revoked or cancelled. In addition,
the notice shall include:
(a)
In the case of a refusal to issue, renew or transfer a Licence, the
notice shall state that the Applicant or Licensee may request a hearing
before Council to review the decision of the Issuer of Licenses by filing
a request for such hearing in writing with the Issuer of Licenses within
fourteen (14) business days of the date of the decision.
(b)
In the case of a suspension, revocation or cancellation of a License,
the notice shall state that a hearing will be held before Council to
determine the issue and include the following:
i)
the date and time and location of the hearing; and,
ii) a statement that, if the Applicant does not attend the hearing,
Council may proceed in the absence of the Licensee and the
Licensee will not be entitled to any further notice.
20.2
At any time before the Issuer of Licenses makes a determination to issue,
renew or transfer a Licence or to refuse to issue or renew a Licence, the
Issuer of Licenses may, or on the request of the Applicant shall, refer the
application for the issuance or renewal of a Licence, to Council for a hearing.
The Issuer of Licenses shall notify the Applicant in writing of the decision to
refer the issue for a hearing and shall include the information set out in 20.1
(b )(i) and (ii) in the notice.
20.3
All requests for a hearing pursuant to aforementioned sections shall be in
writing and shall include:
(a)
The reason(s) for the request for a hearing;
(b)
Identification of the Applicant and any other party who will participate
in the hearing;
(c)
The name of the agent, representative or lawyer representing the
Applicant; and
(d)
The municipal address, telephone numbers, facsimile numbers and
email addresses for each person identified in clause (b) and (c).
SECTION 21: NOTICE OF HEARING
21.1
Where there has been request for a hearing pursuant to the aforementioned
sections, the Issuer of Licenses shall provide a notice of hearing in writing to
the Applicant which shall include:
(a)
The time, date, place and purpose of the hearing, and
{b)
That, if the Applicant does not attend the hearing, Council may
proceed in the absence of the Applicant and the Applicant will not be
entitled to any further notice.
21.2
All notices required to be given to an Applicant or a Licensee shall be served
personally or by registered mail to the Applicant or Licensee at the address
last on file with the Issuer of Licenses.
SECTION 22: HEARING
22.1
Council shall hold the hearing at the time, place and date as set out in the
notice reference 1 to in Sections 20 or 21.
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Amended BIL 2023-091, November 27, 2023
22.2
The Issuer of Licenses shall present evidence first at the hearing and shall
have the onus of proving on a balance of probabilities that the action he or
she has taken or intends to take is justified.
22.3
All hearings shall be open to the public unless the matter meets one of the
exceptions included in Section 239 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended.
SECTION 23: COUNCIL DECISION
23.1
Where reasonably appropriate, Council, as an alternative or in addition to
refusing to grant or renew or revoke or suspend a licence, may impose
special conditions upon the Applicant or Licensee as a requirement of being
issued or holding a License.
23.2
Council has the final decision on these matters.
23.3
The Issuer of Licenses shall notify the Applicant or Licensee of the decision
by serving a copy personally or by registered mail to the address shown on
the application, or the last address on file with the Issuer of Licenses.
23.4
If the decision rendered is to grant the application of the Licence applied for,
or grant the request for transfer, the Licence shall be issued.
23.5
If the decision is to suspend or revoke the Licence, the Licensee shall within
twenty-four (24) hours of service of notice by registered mail, or immediately if
the notice is personally served, return the Licence to the Issuer of Licences,
and the Issuer of Licenses shall have access to any premises or other
property of the Licence for the purpose of receiving or taking same.
23.6
If the decision is to impose conditions on the Licence, the licensee shall within
twenty-four (24) hours of service of notice by registered mail, or immediately
if the notice is served personally, advise the Issuer of Licenses in writing as to
his or her acceptance of conditions.
23. 7
If Council's decision is to confirm the Issuer of Licence original decision or
modify the Issuer of Licenses original decision, as the case may be, the
decision shall be carried out within the time and in the manner specified or by
the time and manner specified in Council's decision.
SECTION 24: DISPOSAL OF TAXICAB
24.1
Upon disposing of a Taxicab licensed under this By-law, the Taxicab Owner
shall, within forty-eight (48) hours of such disposal attend at the office of the
Issuer of Licenses and surrender the Taxicab Plate and the Licence Sticker
with respect to such Taxicab.
24.2
The Taxicab Owner shall immediately remove from the said vehicle being
disposed of:
(a)
All identifying decals or markings;
(b)
Fender or side numbers and letters; and
(c)
All other items that make the vehicle appear to the public as a
Taxicab.
SECTION 25: REPLACEMENT VEHICLE APPROVAL
25.1
In the event that the Taxicab Owner acquires a replacement vehicle to be
used as a Taxicab or a Wheelchair Accessible Taxicab, the Taxicab Owner
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Amended B/L 2023-091 , November 27, 2023
shall before using the vehicle as a Taxicab, attend the office of the Issuer
of Licenses to: (Amended B/L 2023-091, November 27, 2023)
(a)
Complete a Transfer of Vehicle form as provided by the Issuer of
Licenses;
(b)
Provide a copy of the current motor vehicle ownership issued in the
Applicant's name, or if the owner of the vehicle is a Corporation, a
permit is issued in the Corporation's name by the Ministry of
Transportation for the motor vehicle(s) of which the Applicant is the
owner;
(c)
Provide an original current Safety Standards Certificate issued by the
Ministry of Transportation pursuant to the Highway Traffic Act with
respect to each Taxicab to be licensed;
(d)
Provide a copy of Insurance Certificate as required under Section 11
of this By-law;
(e)
Pay the applicable transfer fee, as set out in the Town User Fee By-
law, as may be amended from time to time.
25.2
When the Taxicab Owner meets all the requirements of this Section, the
vehicle shall be deemed to be approved for use as Taxicab.
25.3
Any Taxicab Licence issued for the substituted Taxicab pursuant to the
provisions of this Section shall be in full force and effect for the balance of the
current licensing year only and be renewed in accordance with Section 16 of
this By-law.
SECTION 26: RIGHT OF INSPECTION OF PREMISES OR VEHICLES
26.1
Where the Issuer of Licenses believes a Taxicab or Wheelchair Accessible
Taxicab licensed hereunder may be mechanically defective or unsafe, the
Issuer of Licenses may require the Taxicab Owner or the Taxicab Driver to
submit the Taxicab for inspection by a qualified, third party mechanic, or the
Issuer of Licenses may remove the Taxicab's Plate and Licence Sticker from
the Taxicab and require the Taxicab
Owner or Taxicab Driver to submit the Taxicab forthwith for examination by a
qualified mechanic. (Amended B/L 2023-091 , November 27, 2023)
26.2
Where the Issuer of Licenses has ordered an inspection of a Taxicab or
Wheelchair Accessible Taxicab in accordance with Section 26.1 of this By-
law and such Taxicab is not produced for inspection, the Issuer of Licenses
shall, notwithstanding any other provision of this By-law, suspend the Taxicab
Licence in respect of such Taxicab pursuant to section 18. (Amended B/L
2023-091 , November 27, 2023)
26.3
No Person shall operate or permit to be operated a Taxicab or Wheelchair
Accessible Taxicab in respect of which the Issuer of Licenses has ordered
an examination or inspection, prior to completion of passing of such
examination and inspection to the satisfaction of the Issuer of Licenses.
(Amended B/L 2023-091, November 27, 2023)
26.4
The Issuer of Licenses is entitled to inspect all books of account, vouchers,
correspondence and the records of the Person being inspected that are
relevant to the purposes of the inspection.
26.5
No Person shall hinder or obstruct, or attempt to obstruct, the Issuer of
Licenses or any Officer, exercising a power or performing a duty under this
By-law pursuant to section 426 of the Municipal Act, 2001.
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Amended B/L 2023-091, November 27, 2023
SECTION 27: CHANGE OF LICENCE
27.1
No Person to whom a Licence has been issued under this By-law shall alter,
erase or modify or permit the alteration, erasure or modification of that
Licence, Taxicab Plate or Licence Sticker or any part thereof, unless
approved by the Issuer of Licenses.
SECTION 28: CHANGES
28.1
Every Licensee shall notify the Issuer of Licenses in writing within fourteen
(14) days before the event of:
(a)
Any change in the Licensee's business address or telephone number;
(b)
Maintain the premises from which the Taxicab Owner intends to carry
on business as a Taxicab Owner, within the geographical boundaries
of the Town of Amherstburg, are appropriately zoned and will continue
to be so located and zoned throughout the term of the Licence.
(c)
Any change in the number or composition of officers, or directors, if a
corporation, or in partners, if a partnership;
(d)
Any change in the business name;
(e)
Any change in Brokerage services;
(f)
Sale or termination of business;
(g)
Retirement; or
(h)
In the situation where the Licensee provided the name and address of
his or her business affiliate or employer, any change in the named
business affiliate or employer.
28.2
The Issuer of Licenses shall review the aforesaid changes in accordance with
the provisions of this By-law and determine whether to approve of such
changes in which case the Issuer of Licenses shall amend the Licensee's
existing Licence. Where notice of such change is given, every Licensee shall
attend within forty eight (48) hours of the date of notification to the Issuer of
Licenses and produce the Licence for amendment.
28.3
In the case of the death of the Licensee, the person administering the estate
should notify or cause to be notified the Issuer of Licenses in writing.
SECTION 29: LOST OR DESTROYED PLATES/LICENCE STICKER
29.1
Lost, destroyed or defaced Plates may be replaced by the Issuer of Licenses
upon the Taxi Owner accounting for the original Taxicab Plate to the
satisfaction of the Issuer of Licenses and, upon payment of the fee for a
replacement Owner's Plate as included in the Town's User Fee By-law, as
may be amended from time to time.
29.2
No Person shall use any Taxicab Plate for which a replacement has been
issued by the Issuer of Licenses hereunder.
29.3
Lost, destroyed or defaced Licence Sticker may be replaced by the Issuer of
Licenses upon the Taxi Owner accounting for the original Sticker to the
satisfaction of the Issuer of Licenses and, upon payment of the fee for a
replacement Licence Sticker as included in the Town's User Fee By-law, as
may be amended from time to time.
SECTION 30: COMPLIANCE WITH OTHER BY-LAWS
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Amended Bil 2023-091, November 27, 2023
30.1
If there is a conflict between a provision of this By-law and a provision of any
other Town of Amherstburg By-law, then the more restrictive provision shall
apply.
SECTION 31: TRANSITION
31.1
Every Taxicab Owner, Taxicab Driver, and /or Taxicab Broker Licence issued
pursuant to By-law 2009-44 shall be deemed to be a Licence issued under
this By-law and every such Licence, unless revoked, shall continue to be valid
until its normal date of expiry being December 31, 2012.
31.2
Every act taken pursuant to the predecessor to this By-I w shall, as
necessary, be deemed to have been taken pursuant to this By-law and every
such act may be carried to its conclusion pursuant to the authority granted by
this By-law.
31.3
If an act has been validly commenced pursuant to the predecessor to this By-
law and authority for such act does not exist pursuant to this By-law then
such act may be continued to its conclusion and the portions of the
predecessor to this By-law necessary to permit such act to be concluded shall
be deemed to remain in effect for the purposes of bringing such act to a
conclusion.
SECTION 32: FALSE ADVERTISTING
32.1
No Person shall:
(a)
Advertise the use of:
i.
A Taxicab without first having obtained a Taxicab Owner Licence;
ii.
An Accessible Taxicab without first having obtained a Taxicab
Owner Licence; or
(b)
Publish or cause to be published any representation that he or she is
licensed if he or she is not.
SECTION 33: TRANSFER OF LICENCE
33.1
No Taxicab Licence shall be transferred by the Taxicab Owner to any other
Person without the approval of the Issuer of Licenses.
33.2
No Person holding a Taxicab Licence may apply for permission to transfer
such license to another person for a period of at least five (5) consecutive
years from the date of the issuance of the first Taxicab Licence to the
applicant.
33.3
Notwithstanding the provisions of subsection 33.2 herein, the Issuer of
Licenses may in his/her sole discretion accept an application for and allow the
transfer of a Taxicab Owner Licence within the said five (5) year period in the
event the Issuer of Licences is satisfied, by virtue of obtaining a medical
certificate, that the applicant owner of the Taxicab Licence became ill after
the receipt of the said Licence, and is unable to continue as the owner of a
Taxicab. Production of a medical certificate must be provided to the Issuer of
Licenses.
33.4
In the event the Issuer of Licenses has agreed to approve the transfer of a
Taxicab Owner Licence to another Person or company pursuant to Section
33.1, the person or company to whom the said license is to be transferred,
may apply to the Issuer of Licenses to transfer the Taxicab Licence upon
filing the following:
(a)
An application to transfer a Taxicab Owner Licence duly completed
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Amended B/L 2023-091, November 27, 2023
and executed by the current owner to the Taxicab Licence and the
proposed transferee of the Taxicab Licence;
(b)
The proposed transferee of the Taxicab Licence has satisfied all of the
requirements of this By-law regarding the issuance of a Licence to a
Taxicab Owner;
(c)
Evidence of insurance coverage as required under this By-law;
( d)
A current Safety Standards Certificate-;
(e)
The transfer fees as set out in the Town's User Fee By-law, as may be
amended from time to time; and
(l)
A copy of an agreement executed by both applicants setting forth the
conditions of the transfer of the Taxicab Owner Licence, the reasons
for the transfer and the consideration for such transfer.
33.5
Pursuant to the provisions of Section 33.3 of this By-law, the owner of a
Taxicab Licence may sell the Taxicab or Wheelchair Accessible Taxicab and
equipment that are the subject of the said Licence to any person who
qualifies for a Taxicab Owner Licence pursuant to the provisions of this By-
law, and who has been approved by the Issuer of Licenses as a transferee of
the Taxicab Owner Licence pursuant to Section 33.4. Upon the completion
of the sale of the said Taxicab to the
approved purchaser, the Taxicab Owner Licence issued to the former
Taxicab Owner shall be deemed to be terminated and a new Taxicab Owner
Licence shall be issued to the approved purchaser upon producing evidence
to the Issuer of Licenses that the purchase of the said Taxicab and equipment
has been completed. (Amended B/L 2023-091, November 27, 2023)
33.6
Where the owner of a Taxicab or Wheelchair Accessible Taxicab Licence
wishes to substitute a new Taxicab for the Taxicab currently licensed under this
By-law, the said Owner shall comply with Section 25 of this By-law. (Amended
B/L 2023-091, November 27, 2023)
33. 7
The Issuer of Licenses may, upon receiving satisfactory evidence of the
death of a Taxicab Owner, transfer such Taxicab Owner Licence into the
name of the Estate of the said deceased Taxicab Owner upon being satisfied
that the personal representative of the said Estate is qualified to be the owner
of a Taxicab Licence pursuant to the provisions of this By-law.
33.8
Where a Taxicab Owner Licence has been transferred to the Estate of a
deceased Taxicab Owner, the personal representative of the deceased shall
be deemed to be the owner of the Taxicab for the purposes of this By-law.
33.9
Upon the sale, transfer or other disposition of a Taxicab by the Estate or the
personal representative of the deceased Taxicab Owner, the said Taxicab
Owner Licence issued in respect of the said Taxicab shall be deemed to be
revoked. The Issuer of Licenses may, in his/her sole discretion, issue a new
Taxicab Owner Licence to the person purchasing or otherwise obtaining title
to the Taxicab, provided that the purchaser is qualified to be a Taxicab Owner
pursuant to the provisions of this By-law.
33.10 Where a Taxicab Licence is issued in accordance with the provisions of this
Section to the spouse of the deceased Taxicab Owner, which spouse is
deemed to be the personal representative of the deceased Taxicab Owner, or
to a corporation owned and controlled by the said deceased Taxicab Owner,
no transfer fee shall be payable. For the purposes of this subsection,
"spouse" shall mean a person as defined under the provisions of the Family
Law Act, as amended.
SECTION 34: LIMITATION OF AN OWNER'S LICENCES/PLATE LIMIT
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Amended B/L 2023-091, November 27, 2023
34.1
The number of Taxicab Plates to be issued by the Issuer of Licenses shall be
limited to one plate for each 5,000 population.
34.2
At least every four (4) years, the Issuer of Licenses shall review the number
of Taxicab Plates in issuance and determine if the number of Licenses shall
be amended. The Issuer of Licenses shall consider such factors as:
(a)
Changes in population - as provided by the latest revised population
figures available from Statistics Canada;
(b)
Wait times and demand for service;
(c)
Number of trips dispatched;
(d)
Changes in tourism-related activity; and
{e)
Changes in public transit and/or accessible transit.
34.3 Notwithstanding Section 34.1, the Issuer of Licenses reserves the right to
increase the number of Taxicab Owner's Licenses at any time.
34.4 The Issuer of Licenses shall issue any new Taxicab Owner's Licenses to only
those who satisfy the requirements under this By-law.
34.5 Any additional plates will be handed out in accordance with Section 35 of this
By-law, unless otherwise stated within this By-law.
SECTION 35: TAXICAB PLATE ISSUANCE WA!TING LIST
35.1
Where a completed application for a Taxicab Owner's Licence is received by
the Issuer of Licenses but an Owner's Taxicab Licence cannot be issued due
to limitations on the number of Taxicab or Wheelchair Accessible Owner's
Licenses permitted, the Applicant's name shall be placed at the bottom of a
Taxicab or Wheelchair Accessible Plate Issuance Waiting List and the
application form placed on file. (Amended B/L 2023-091, November 27, 2023)
35.2
A yearly review of the Taxicab Plate and Wheelchair Accessible Plates
Issuance Waiting List will be conducted by the Issuer of Licenses.
(Amended B/L 2023-091, November 27, 2023)
35.3
A Taxicab Plate and Wheelchair Accessible Plate Issuance Waiting
List shall be on going and not expire annually. (Amended B/L 2023-091,
November 27, 2023)
35.4
No Person shall hold more than one position on the Taxicab or Wheelchair
Accessible Plate Issuance Waiting List at any one time. Where it is
considered that two (2) or more persons are related to each other, or not
operating at arm's length, in the sole discretion of the Issuer of Licenses,
such Persons will be considered to be one and the same. (Amended B/L
2023-091, November 27, 2023)
35.5
No Person, by virtue of the submission of an application for a Taxicab
Owner's Licence and Taxicab Plate and/or Wheelchair Accessible Plate or
by virtue of placing of their name on a Taxicab and Wheelchair Accessible
Plate Issuance Waiting List, shall obtain a vested right to a Taxicab Owner
Licence and/or Taxicab/Wheelchair Accessible Plate, or to remain on the
Taxicab and Wheelchair Accessible Plate Issuance Waiting List at any time
and Council reserves the right to amend or repeal this By-law and any
successor By-laws and to place further or additional requirements or
restrictions on such Applicants or Persons at any time and from time to time,
or to purge or eliminate the Taxicab and Wheelchair Accessible Plate
Issuance Waiting List at any time, from time to time. (Amended B/L 2023-
091, November 27, 2023)
Town of Amherstburg Taxi By-law
Page 38
Amended Bil 2023-091, November 27, 2023
SECTION 36: ISSUANCE OF PLATE
36.1
When, pursuant to the provisions of this by-law, a Taxicab or Wheelchair
Accessible Plate becomes available for issuance, the Issuer of Licenses
shall provide written notice to the Applicant whose name appears first on
the Taxicab or Wheelchair Accessible Plate Issuance Waiting List, in
writing. (Amended Bil 2023-091, November 27, 2023)
36.2
The Issuer of Licenses shall include in the letter required under Section 36.1,
a request that the Applicant:
(a)
Attend the office of the Issuer of Licenses forthwith to update the
application form filed, pay the required licensing fee and submit all
required information and documentation as required under this By-law
for a Taxicab Owner; and
(b)
Satisfy the Issuer of Licenses that the Applicant meets all criteria as
set out in this By-law.
36.3
Failure to update the application form and meet the criteria established for the
issuance of a Taxicab Owner's Licence as noted in this By-law within fourteen
(14) days of the date of the letter noted in 36.1 will result in such Applicant's
name being struck from the Taxicab or Wheelchair Accessible Plate Issuance
Waiting Lists by the Issuer of Licenses. (Amended Bil 2023-091, November
27, 2023)
36.4
The Issuer of Licenses shall then write the Applicant whose name next
appears at the top of the Taxicab or Wheelchair Accessible Plate
Issuance Waiting List and shall continue to do so until an Applicant
thereon does attend the office of the Issuer of Licenses and meets the
criteria established for the issuance of a Taxicab Owner's Licence as
noted in this By-law. (Amended Bil 2023-091, November 27, 2023)
36.5
When a Plate is issued to an Applicant whose name is on the Taxicab or
Wheelchair Accessible Plate Issuance Waiting List, the name of the
Applicant shall be removed from the Waiting List by the Issuer of Licenses
and all other Applicant's names on the Taxicab or Wheelchair Accessible
Plate Issuance Waiting List shall be moved forward one position. (Amended
Bil 2023-091, November 27, 2023)
SECTION 37:ENFORCEMENT
37.1
The provisions of this By-law may be enforced by any Police Officer for the
Town of Amherstburg or the Ontario Provincial Police and/or a By-law officer
appointed by the Town of Amherstburg for the administration and
enforcement of this By-law.
37 .2
Any person who hinders or obstructs a person lawfully carrying out the
enforcement of this By-law is guilty of an offence.
SECTION 38: OFFENCE AND PENAL TIES
38.1
Any person who contravenes any provisions of this by-law is guilty of an
offence under the Provincial Offences Act R.SO. 1990 c.P.33, as amended.
38.2
Any Officer or Director of a Corporation who knowingly concurs in the
contravention of any provision of this by-law is guilty of an offence.
38.3
Any person who is guilty of an offence under this by-law shall be liable to a
fine not exceeding $5,000.00.
SECTION 39: SEVERABILITY
Town of Amherstburg Taxi By-law
Page 39
Amended B/L 2023-091 , November 27, 2023
39.1
If any provision or part of a provision of this by-law is declared by any court or
tribunal of competent jurisdiction to be illegal or inoperative, in whole or in
part, or inoperative in particular circumstances, the balance of the by-law, or
its application in other circumstances, shall not be affected and shall continue
to be in full force and effect.
SECTION 40: EFFECTIVE DATE AND REPEAL
40.1
Schedules A-54, A-55 and A-56 of By-law 2009-44 of the Town of
Amherstburg is hereby repealed.
40.2
This By-law shall come into force and take effect upon being passed.
READ A FIRST, SECOND AND THIRD TIME this 10 of December
2012.
l
¾, ffeda M. Percy, Clerk
Town of Amherstburg Taxi By-law
Page 40
Amended B/L 2023-091 , November 27, 2023
SCHEDULE "A"
Taxicab Tariff of Rates
TAXICABS BY DISTANCE
Meter Throw, for the first one frfteenth of a km or fraction thereof
$3.50
For each additional one tenth of a km or fraction thereof
$0.17
For waiting time under engagement, for each one minute
$0.22
For each trunk {steamer size or smaller)
Not less than $0.25
or more than $0.50
TAXICABS BY THE HOUR/FLAT RATE
For the first hour or any part thereof, and thereafter at the same
$25.00
rate per hour for the time actually under hire
All rates include HST.
Town of Amherstburg Taxi By-law
Page 41
Amended Bil 2023-091, November 28, 2023
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIJ COURT OF JUSTICE
WEST REGION
!ID DUNDAS STREET, lo·- FLOOR, UNIT L
LONDON, ONTARIO NGA 6A8
March 20, 2014
Ms. Brenda M. Percy
Manager, Council & Legislative Services
27 I Sandwich St. South
Amherstburg, ON
N9V2A5
Dear Ms. Percy:
-
. .
.
Re: Set Fines - Provincial Offences Act - Part I
By-law Number 2012-114 of the Town of Amherstburg
CABINET DU JUGE PRINCIPAL REGION;\L
GOUR DE JUSTICE DE L'ONTARIO
R£GION DE L'OUEST
80. RUE.DUNDAS, 1 O- ET AGE, UNITE L
LONDON (ONTARIO} NGA 6A8
TELEPHONE/TELEPHONE (S 19) 060-2292
FAXITELECOF:EUR (519) 660-3138
Enclosed herewith is the Order, and the schedule of set fines for the above referenced By-Law,
the By-law indicated in the schedule.
The setting of the fines does not constitute my approval of the short form of wording used to
describe the offences.
I have forwarded copies of the Order and the schedule of set fines to the Provincial Offences
Court in Windsor, together with a certified copy of the By-law.
Yours truly,
Kathleen E. McGowan
Regional Senior Justice
West Region
Enclosures
/jg
Amended B/L 2023-091 , November 28, 2023
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules
for the Ontario Court of Justice that the amount set opposite each of the offences in
the schedule of offences under the Provincial Statutes and Regulations thereunder
and Municipal By-law No. 2012-114, of the Town of Amherstburg, attached hereto are
the set fines for those offences. This Order is to take effect March 20, 2014.
Dated at London this 20th day of March 2014.
·Z----- - - .
Kathleen E. McGowan
Regional Senior Justice
West Region
Amended B/L 2023-091, November 28, 2023
The Corporation of the Town of Amherstburg
By-Law No. 2012-114; By-Law to provide for the licensing, regulation and governing of
Taxicabs, Taxicab Drivers, Taxicab Owners, Taxicab Brokers in the Town of Amherstburg
Part 1 Provincial Offences Act - Set Fine Schedule
ITEM
Column 1
SHORT FORM WORDING
Column 2
PROVISION
CREATING
OR
DEFINING
OFFENCE
Column 3
SET
FINES
1.
Fail to ensure licence is obtained
6.1
$200.00
2.
Use/Permit use of taxicab - no taxicab licence
6.2
$200.00
3.
Driver - Fail to display taxicab driver's licence
9.1(a)
$100.00
4.
Driver - Fail to display tariff card
9.1(a)
$100.00
5.
Driver - Fail to charge rates and fares for taxicab service
in accordance with tariff card
9.1(b)
$150.00
6.
Driver - Charge higher fare or additional fee for persons
with disabilities
9.1(c)
$100.00
7.
Driver - Charge a fee for storage mobility aids or mobility
assistive devices
9.1(d)
$100.00
8.
Driver - Fail to drive most direct route
9.1(e)
$100.00
9.
Driver - Fail to give requested information in writing to
any passenger
9.1(h)
$100.00
10.
Driver - Fail to make available vehicle registration and
identification information in accessible format
9.1(i)
$100.00
11.
Driver - Transport child under the age of 12 in front seat
without first disengaging the airbag
9.1(j)
$100.00
12.
Driver - Fail to provide information to Issuer of Licences
or Officer
9.1(k)
$200.00
13.
Driver - Smoke in taxicab
9.1(m)
$100.00
14.
Driver - Fail to notify Issuer of Licences of an offence
9.1(o)
$100.00
15.
Owner - Affiliate with an unlicensed dispatch company
12.1(d)
$100.00
16.
Owner - Fail to notify Issuer of Licences of any changes
in dispatch services
12.1(e)
$100.00
17.
Owner - Fail to obtain Tariff Card for upcoming year
12.1(f)
$100.00
18.
Owner - Fail to ensure that the appropriate rates and
fares charged
12.1(g)
$250.00
19.
Owner - Charge higher fare or additional fee for persons
with disabilities
12.1(h)
$100.00
20.
Owner - Charge for storage of mobility aids or mobility
service devices
12.1(i)
$100.00
21.
Owner - Fail to make available vehicle registration and
identification information in accessible format
12.1(k)
$100.00
Amended B/L 2023-091, November 28, 2023
22.
Owner - Fail to keep daily trip sheets
12.1(l)
$100.00
23.
Owner - Fail to retain any trip sheets for at least 12
months
12.1(m)
$100.00
24.
Owner - Fail to make available trip sheets for inspection
12.1(m)
$100.00
25.
Owner - Fail to ensure taxicab is clean and in good
repair
12.1(n)
$100.00
26.
Owner - Fail to ensure annual inspections of taxicabs
12.1(o)
$200.00
27.
Owner - Fail to affix to windshield valid inspection
sticker
12.1(o)
$100.00
28.
Owner - Fail to ensure plate and/or sticker affixed
12.1(p)
$200.00
29.
Owner - Fail to have approved taxicab meter
12.1(q)
$200.00
30.
Owner - Operate taxicab when meter out of order or
defective
12.1(r)
$250.00
31.
Owner - Fail to attach meter in an approved location
12.1(s)(i)
$100.00
32.
Owner - Fail to adjust meter in accordance with tariff
12.1(s)(ii)
$200.00
33.
Owner - Fail to provide safety inspection certificate
12.1(t)
$100.00
34.
Owner - Fail to produce taxicab for inspection
12.1(u)
$200.00
35.
Owner - Fail to insure taxicab
12.1(v)
$200.00
36.
Broker - Fail to maintain records of taxicab owners
14.1(a)
$100.00
37.
Broker - Fail to maintain records of all calls dispatched
14.1(d)
$100.00
38.
Fail to return taxicab plate on demand
19.1
$200.00
39.
Fail to return suspended/revoked/cancelled licence
19.3
$100.00
40.
Fail to carry our Decision
23.7
$100.00
41.
Fail to surrender taxicab plate and licence sticker
24.1
$200.00
42.
Fail to remove vehicle decals, marking, fencer or side
numbers and letters
24.2
$100.00
43.
Fail to provide documentation for transfer
25.1
$100.00
44.
Operate a taxicab ordered for examination or inspection
26.3
$200.00
45.
Obstruct the enforcement or administration of by-law
26.5
$200.00
46.
Alter, erase, modify or permit alteration of licence
27.1
$100.00
47.
Fail to notify Issuer of Licences of any changes
28.1
$100.00
48.
Use of plate for which replacement been issued
29.2
$100.00
49.
Transfer taxicab licence without approval of Issuer of
Licences
33.1
$100.00
Note: Penalty provision for the offences indicated above 1s Section 38 of By-Law 2012-114,
a certified copy which has been filed.