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OFFICE CONSOLIDATION
Mobile Licensing By-law 101-2025
To provide for a system of Licensing for Mobile Businesses, to repeal
Licensing By-law 67-2014
(Amended by By-law 142-2025, 90-2026)
RECITALS
Subsection 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
("Municipal Act, 2001") provides that the powers of a municipality shall be
interpreted broadly so as to confer broad authority on municipalities to enable
them to govern their affairs as they consider appropriate, and to enhance their
ability to respond to municipal issues;
Section 9 of the Municipal Act, 2001, provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under any Act;
Subsection 11(1) of the Municipal Act, 2001, provides that a municipality may
provide any service or thing that the municipality considers necessary or
desirable for the public;
Subsection 11(2) of the Municipal Act, 2001, provides that a municipality may
pass by-laws respecting: in paragraph 5, economic, social and environmental
well-being of the municipality; in paragraph 6, health, safety and well-being of
persons; in paragraph 7, services and things that the municipality is authorized to
provide under subsection (1); and in paragraph 8, protection of persons and
property;
Subsection 11(3) of the Municipal Act, 2001, provides that a municipality may
pass by-laws respecting: in paragraph 11, Business Licensing;
Section 23.2 of the Municipal Act, 2001, permits a municipality to delegate
certain legislative and quasi-judicial powers where the council of the municipality
is of the opinion that the power being deleted is of a minor nature;
Pursuant to the provisions of Part IV - Licences of the Municipal Act, 2001, a
municipality may pass by-laws for licensing, regulating and governing any
business wholly or partly carried on within a municipality even if the business is
being carried on from a location outside the municipality;
Subsection 151(1) of the Municipal Act, 2001, provides that a municipality may
provide for a system of licences with respect to a business and may prohibit the
carrying on or engaging in the business without a licence, refusing, revoking or
suspending a licence, imposing conditions on a licence, regulating property used
for a business that requires a licence and regulating persons carrying on a
business that requires a licence;
Subsection 391(1) of the Municipal Act, 2001, provides that a municipality may
impose fees and charges on persons for services or activities provided or done
by or on behalf of it;
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Section 426 of the Municipal Act, 2001 provides that no person shall hinder or
obstruct, or attempt to hinder or obstruct, any person who is exercising a power
or performing a duty under a by-law passed under the Municipal Act, 2001;
Section 429 of the Municipal Act, 2001 provides for a municipality to establish a
system of fines for offences under a by-law of the municipality passed under the
Municipal Act;
Section 434.1 of the Municipal Act, 2001 provides that a municipality may require
a person to pay an Administrative Monetary Penalty if the municipality is satisfied
that the person has failed to comply with a by-law of the municipality passed
under the Municipal Act, 2001;
Section 444 of the Municipal Act, 2001 provides for a municipality that is satisfied
that a contravention of a by-law of the municipality passed under the Municipal
Act, 2001 has occurred to make an order requiring the person who contravened
the by-law or who caused or permitted the contravention or the owner or occupier
of the land on which the contravention occurred to discontinue the contravening
activity; and
The Council of the City of Brampton considers it desirable and necessary to
license, regulate and govern the mobile businesses listed within this By-law.
NOW THEREFORE the Council of The Corporation of the City of Brampton
ENACTS AS FOLLOWS:
PART I - TITLE, INTERPRETATION AND SEVERABILITY
1.
This By-law may be referred to as the "Mobile Licensing By-law".
2. (1) Wherever a word is used in this By-law with its first letter capitalized, the
term is being used as it is defined in this By-law. Where any word appears in
ordinary case, the commonly applied English language meaning is intended.
(2) Wherever a word defined in this By-law is used in the form of a noun,
verb, adverb or adjective, it shall be interpreted as having a corresponding
defined meaning even if it is in ordinary case.
(3) All words importing the singular shall include the plural, and words
imparting the masculine gender shall include the feminine, and the converse
of the foregoing also applies, unless the context of the By-law requires
otherwise.
3. If a court of competent jurisdiction declares any provision or part of a
provision of this By-law to be invalid or to be of no force and effect, it is the
intention of Council in enacting this By-law that the remainder of this By-law
shall continue in force and be applied and enforced in accordance with its
terms to the fullest extent possible according to law.
PART II - DEFINITIONS
4. For the purposes of this By-law:
"Additional Fee" means a fee, in addition to the Licence Fee, imposed by the
City on a business at any time during the term of the Licence for costs
incurred by the City that are attributable to the activities of the business;
"App" means a mobile application that can be downloaded onto or accessed
on a mobile phone, tablet or other digital electronic device used in a vehicle
to calculate the fare payable for transportation services and which performs
one or more of the following functions:
(a) Allows a person to identify the locations of available Vehicles and
allows a Driver to identify the location of a person who is seeking the
services of a Vehicle;
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(b) Allows a person to request a Vehicle via the mobile phone, tablet or
other digital electronic device;
(c) Allows a Driver to receive a request from a potential Passenger; or
(d) Allows for the payment of transportation services through electronic
means.
"Applicant" means a Person applying for a new Licence or Licence renewal under
this By-law;
"Application" means an Application for a Licence in the form provided by the
Licence Issuer, and shall include an Application for a Licence renewal,
accompanied by appropriate documentation and fee;
"By-law" means this By-law;
"City" means The Corporation of the City of Brampton or the land within the
municipal boundaries of the City of Brampton, as the context requires;
"Clerk" means the Clerk of the City of Brampton or the Clerk's duly appointed
Deputy or designate;
"Closed File Administrative Fee" means the fee as set out in Appendix A that is
required when an application file is closed under this By-law;
"Council" means the Council of The Corporation of the City of Brampton;
"Criminal Record" means a record of past crimes of which an individual has been
convicted;
"Driver" means any Person who requires a Licence to drive a Motor Vehicle
under this By-law and includes a Driving School Instructor;
"Highway" includes a common and public highway, any part of which is intended
for or used by the general public for the passage of vehicles and pedestrians and
includes the area between the lateral property lines thereof;
"Hinder" means willfully interfering with an inspector while they are performing
their duties. This includes, but is not limited to, evasion of inspection, or
preventing inspection through deception;
"Inspector" means any one of the following:
(a) Municipal Law Enforcement Officer;
(b) Peel Regional Health Inspector,
(c) Fire Inspector in the Brampton Fire and Emergency Services; or
(d) Police, as defined in this By-law;
"Late Renewal Fee" means the fees set out in Appendix A that are required for
the late renewal of a Licence;
"Licence" means the Licence issued under this By-law, or predecessor By-law;
"Licence Fee" means the fee set out in Appendix A that is required to be paid to
the City for a new Licence or a Licence renewal;
"Licence Issuer" means the person appointed under this By-law and includes
their delegate(s);
"Licensed Premises" means the premises referred to in a Licence;
"Licensee" means any Person licensed under this By-law;
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"Manager, Licensing Enforcement" means the Manager, Licensing Enforcement
for the City of Brampton or their delegate;
"Medical Officer of Health" means the Medical Officer of Health for the Regional
Municipality of Peel and includes any public health inspector acting as their
designate;
"Mobile Licensing" means the licensing of Owners, Drivers and Businesses
relating to Vehicles in the City of Brampton;
"Motor Vehicle" includes an automobile or any other Vehicle propelled or driven
otherwise than by muscular power, but does not include the cars of electric or
steam railways or other Motor Vehicles running only upon rails or motorized
snow Vehicles, traction engines, farm tractors, self-propelled implements of
husbandry or road building machines with the meaning of the Highway Traffic
Act;
"Municipal Law Enforcement Officer" or "Officer" means a person employed by
the City as a Municipal Law Enforcement Officer;
"Notice of Additional Fee" means a written notice from the Licence Issuer to a
Licensee advising of the requirements to pay an Additional Fee;
"Owner" means a Person who, alone or with others, fits into any one or more of
the following categories:
(a) is the owner of the Vehicle or Business;
(b) has control over the Vehicle or Business;
(c) directs the operation of the Vehicle or Business;
"Passenger" means any Person in a Motor Vehicle other than the Driver;
"Person" includes an individual, corporation, partnership or limited partnership;
"Plate" means a numbered plate or sticker issued by the City pursuant to this By-
law;
"Police" means a police officer employed by Peel Regional Police or the Ontario
Provincial Police;
"Premises" means land and includes the structures on the land, such as fences,
buildings and sheds;
"Refreshment" means drinks (other than alcoholic) or food that are provided or
sold or offered for sale to the public;
"Safety Certificate" means a Certificate of Mechanical Fitness or a Commercial
Vehicle Inspection Certificate as issued by the Ministry of Transportation for
Ontario;
"Site Map" means an accurate drawing or representation of the location on the
property in question which shows existing and proposed conditions for a given
area, to be used to satisfy and allow the officer, plans examiner or zoning review
to make an accurate assessment of site needs and allowable use and locations
for use
"Special Event" shall mean an event which is sponsored, authorized or
conducted by the City of Brampton, or on behalf of the City of Brampton, or on
behalf of a registered not-for-profit or registered charity, or other community
group with the approval of the City of Brampton;
"Tribunal" means the Tribunal appointed by Council to conduct hearings under
the Brampton Appeal Tribunal By-law, No. 48-2008, as amended, or any
successor By-law;
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"Vehicle" includes a Motor Vehicle, trailer, farm tractor, road building machine,
motorized snow vehicle, bicycle, and any vehicle drawn, propelled or driven by
any kind of power, including muscular power;
"Vehicle Owner" means a Person who is registered with the Registrar of Motor
Vehicles for the Province of Ontario as the plate owner of the Vehicle;
"Zoning Approval" means a Licence Application that has been examined and
approved by the City's Zoning Services staff for compliance with the Zoning By-
law; and
"Zoning By-law" means the City's Zoning By-law No. 270-04, as amended, or any
successor by-law.
PART III - LICENSING REQUIRED
5. (1) A Licence shall be taken out under this By-law by every Person who:
(a) runs, operates or carries on the business of a Driving School (Driving School
Operator - Sch. 1);
(b) for compensation, teaches others to drive a Motor Vehicle (Driving School
Instructor - Sch. 1);
(c) owns a Motor Vehicle used for Driving School instruction (Driving School
Motor Vehicle Owner - Sch. 1);
(d) owns a Limousine (Limousine Owner - Sch. 2);
(e) drives a Limousine (Limousine Driver - Sch. 2);
(f) owns a Refreshment Vehicle (Refreshment Vehicle Owner - Sch. 3); (g)
drives a Refreshment Vehicle (Refreshment Vehicle Driver - Sch 3); (h) owns a
Taxicab (Taxicab Owner - Sch. 4);
(i) owns an Accessible Taxicab (Accessible Taxicab Owner - Sch. 4);
(j) drives a Taxicab or Accessible Taxicab (Taxicab Driver - Sch. 4);
(k) owns a Taxicab Brokerage (Taxicab Broker - Sch. 4).
(l) runs, operates or carries on the business of a Personal Transportation
Company (Personal Transportation Company - Sch.5).
(m) runs, operates or carries on the business of peddling goods (Peddler- Sch. 6)
(2) Any Person who falls within subsections 5(1) (a) through to and including (m) is
engaged in a business for the purposes of this By-law.
(3) The defined terms for the businesses listed within subsections 5(1) (a) through to
and including (m) are found in the schedules referred to in the subsections and are
attached to this By-law.
(4) No Person shall carry on or engage in any business listed in subsections 5(1) (a)
through to and including (m) unless the Person is licensed under this By-law.
(5) No Person shall hold themself out to be licensed if they are not licensed under
this By-law.
(6) No Person shall publish or cause to be published any representation that the
Person is licensed under this By-law if the Person is not so licensed.
(7) No Person shall provide false or misleading information or documents when
applying for a Licence or Licence renewal, or when required to provide any
information or documents under this By-law.
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(8) For the purposes of this By-law, a business shall be deemed to be carried on
within the City if any part of the business is carried on in the City, even if the business
is being conducted from a location outside the City or has its registered head office at
a location outside of the City.
PART IV - REQUIREMENTS FOR LICENSEES
6. (1) Every Applicant shall be:
(a) at least 18 years of age; and
(b) a Canadian Citizen, a permanent resident of Canada or have a valid
employment authorization issued by the Government of Canada.
(2) Every Applicant for a Taxicab or Limousine Driver's Licence shall be able to
communicate in English.
PART V - LICENCE ISSUER
7. (1) The Manager, Licensing Enforcement, or any successor position is appointed as
the Licence Issuer for the purposes of this By-law.
(2) Council delegates to the Licence Issuer, the power to issue, refuse to issue,
renew, refuse to renew, cancel, revoke, suspend, reinstate or impose conditions on a
Licence under this By-law.
(3) The Licence issuer may refuse to issue a licence under this Bylaw if it is
determined that the issuance of the licence may be detrimental or adverse to the
City's Policies, Limitations or Standard Operating Procedures.
(4) Council is of the opinion that the delegation under subsection 7(2) is minor in
nature.
8. Where the Licence Issuer is of the opinion that:
(a) a new Licence or a Licence renewal should be issued;
(b) an Application for a Licence or a Licence renewal should be refused;
(c) a Licence should be cancelled;
(d) a Licence should be revoked;
(e) a Licence should be suspended;
(f) a Licence should be reinstated, or
(g) a term or condition of a Licence should be imposed,
the License Issuer, or designate, shall make that decision.
9. The Licence Issuer shall:
(a) receive and process all Applications for Licences and Licence renewals;
(b) issue a Licence or Licence renewal when:
(i) an Application is made in accordance with the provisions of this By-law;
(ii) the Application is complete;
(iii) the applicable Licence Fee is paid;
(iv) the Application meets all the requirements under this By-law; and
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(v) there are no grounds to refuse to issue a Licence or Licence renewal
as set out in Section 31 of this By-law;
(c) impose terms and conditions on a Licence when in the opinion of the Licence
Issuer a term or condition of a Licence should be imposed under Section 30 of
this By-law;
(d) maintain complete records showing all Applications received and Licences
issued;
(e) prepare or cause to be prepared all notices, forms and any other document,
including any amendments thereto, that are necessary for the administration of
this By-law;
(f) enforce or cause to be enforced the provisions of this By-law; and
(g) generally perform all the administrative functions required to give effect to this
By-law.
PART VI - APPLICATION FOR A LICENCE AND FOR A LICENCE RENEWAL
10. (1) In order to apply for a new Licence or a Licence renewal, the Applicant shall:
(a) pay 50% of the Licence Fee as set out in Appendix A to commence the
processing of the application. This fee is non-refundable upon making initial
application and this portion of the fee will be applied to the completed application
upon final issuance of the Licence. After 30 days, if the Applicant abandons the
Application the initial 50% of fee shall be forfeited;
(b) complete and submit an Application in the form approved by the Licence
Issuer;
(c) submit any documentation required under this By-law or requested by the
Licence Issuer;
(d) submit the appropriate Licence Fee as set out in Appendix A;
(e) where applicable, submit proof of HST Registration; and
(f) where applicable, submit a zoning approval.
(2) An Application for a new Licence or for a Licence renewal shall not be processed
by the City until all the requirements of subsection (1) are met and any outstanding
Licence Fee(s) and any outstanding Additional Fees have been paid.
(3) An Application for Licence renewal shall be submitted in accordance with the
procedures established by the Licence Issuer.
11. The Licence Issuer may require one or more of the following as part of the
Application:
(a) proof of citizenship, permanent resident status or other employment
authorization issued by the Government of Canada;
(b) a statement from the Applicant as to whether charges against the Applicant
are pending under the Criminal Code, the Controlled Drugs and Substances Act,
the Building Code Act 1992, the Fire Protection and Prevention Act, 1997, the
City's Zoning By-law, or any other law or City By-law;
(c) a Criminal Record Search conducted by any Police Service in Ontario or from
an approved provider of criminal record checks in Canada (subject to approval of
the Licence Issuer); and/or
(d) proof of payments made for any City imposed fines or tax levy.
12. Every Applicant for a Driver's Licence shall:
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(a) attend personally before the Licence Issuer and submit to being
photographed;
(b) at the same time the photograph is taken, deliver the completed Application in
person to the Licence Issuer; and
(c) provide a statement of the driving record of the Applicant, from the Ministry of
Transportation, dated no earlier than 30 days prior to the Application for a
Driver's Licence.
13. No Person shall obtain or keep a Driver's Licence without holding a current, valid
driver's licence issued under the Highway Traffic Act.
14. Every renewal of Driver's Licence shall be valid for a period of two years when
accompanied by the Licence Fee for the two-year period unless otherwise revoked or
suspended by the Licence Issuer or fails to meet other conditions imposed by the By-
law.
14.1. Notwithstanding section 14, where an Applicant for a renewal of a Driver's Licence
has had no Criminal Record and a clean driving record for five (5) or more licence years
the Driver's Licence may be valid for up to four (4) years when accompanied by the
Licence Fee for the four-year period.
15. Every Application for an Owner's Licence shall include:
(a) a valid Safety Certificate with respect to the Motor Vehicle;
(b) a valid alternate fuel certificate, if applicable;
(c) the certificate of insurance; and
(d) the Vehicle registration (ownership).
16. The Licence Issuer may in his or her discretion waive the requirement of a Safety
Certificate under Section 15, provided that the Vehicle has 1000 km or fewer on the
odometer and has been manufactured within the last 12 months.
17. If at any time, in the opinion of the Licence Issuer, the photo identification required
by this By-law does not represent a reasonable likeness of the Person licensed under
this By-law because of physical changes, passage of time or poor-quality photography,
the Person shall submit to being photographed by the Licence Issuer.
18.
(1) Where the Owner is a corporation, the Application shall be accompanied by a
copy of the incorporating documents, a copy of the last annual return filed and a copy
of the business name registration.
(2) Where the Owner is a sole proprietor, the Application shall be accompanied by a
copy of the business name registration.
(3) Where the Owner is a registered partnership, the Application shall be
accompanied by a copy of the registered declaration of partnership and a copy of the
business name registration.
(4) Despite subsection 18(1) where a corporation applies for a renewal of a Licence
and there has been no change in the officers or directors of the corporation, only a
copy of the last annual return filed must be submitted by the Owner with the
Application.
(5) A Licence issued to a partnership may be issued in the name of one partner.
(6) In lieu of a business name registration, a Master Business Licence shall be
acceptable. (By-law 142-2025)
19.
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(1) Despite, subsection 10(f), where an Application is made for a Licence renewal
and where a Zoning Approval was received with the original Licence Application
approving the use of the Premises, a new Zoning Approval may not be required
subject to a licence review by the Licence Issuer
(2) Where an Application is made for a new Licence or Licence renewal and where a
Zoning Approval has been issued based upon the use being allowed by a Committee
of Adjustment decision, the Zoning Approval is subject to all conditions and
restrictions imposed on the use by the Committee of Adjustment, including a time
limit for the use and upon expiry of any time limit imposed on the use by the
Committee of Adjustment, the Zoning Approval shall no longer be valid.
20.
(1) Where an Application for a Licence or Licence renewal is withdrawn by the
Applicant, the initial 50% of fee shall be forfeited without exception.
(2) Where an Application for a Licence or a Licence renewal is refused, 50% of the
Licence Fee paid shall be refunded.
(3) Any Licence Fee refund calculated pursuant to subsections 20(1) or (2) shall be
reduced by any Additional Fee amount, or part thereof, that is outstanding at the time
of the refund.
21.
An Owner must obtain a separate Licence for every Premises or Vehicle where
the Owner carries on business for which a Licence is required under this By-law.
22.
(1) Where a Person who has a Licence fails to renew the Licence by the renewal
date, the Person shall, upon submitting an Application for renewal, be subject to
the current late Renewal Fee in accordance with Appendix A to this By-law, in
addition to the initial 50% application fee.
(2) Where an Applicant applies for a Licence renewal and for a period of 30 days
after the Licence expiry date the Application is incomplete or any fee under this
By-law is unpaid, the Application will be deemed as abandoned.
(3) Where a Person holding a Licence fails to renew the Licence within 30 days
of the specified renewal date, the Application shall be deemed abandoned and
the Person shall be considered as a new Applicant and shall be required to apply
for a new Licence under this By-law, subject to the payment of such fees as may
be required.
23.
Notwithstanding that a Licence has been issued or renewed, the Licence Issuer
may require that the Applicant file further information or provide updated or
further documentation at any time.
24.
Any Person licensed by any regulatory body where that licence is a requirement
for the issuance of a Licence under this By-law, shall immediately report to the
Licence Issuer any suspension of the licence issued by the regulatory body.
25.
(1) Where an Applicant has failed to provide any fee or document required under
this By-law for the issuance or renewal of a Licence, the Application shall be
considered incomplete.
(2) If the Application remains incomplete after 30 days from the date the
Application was submitted, the Licence Issuer will issue a Notice of Incomplete
Application and close the file.
(3) Where an Application file is closed, the Applicant is required to pay the
Closed File Administrative Fee to the City in accordance with Appendix A and
shall forfeit the initial 50% of new application processing fee.
(4) The Closed File Administrative Fee in subsection 25(3) must be paid before
the Licence Issuer can open a new Application file.
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(5) The issuance of a Notice of Incomplete Application is not a statutory power of
decision and is not subject to appeal to the Tribunal.
PART VII - ISSUANCE OF A LICENCE OR LICENCE RENEWAL
26.
When an Application for a Licence or Licence renewal is made in accordance
with the provisions of this By-law and the Applicant meets all the requirements of
this By-law, which include any requirements that may be requested by the
Licence Issuer, a Licence shall be issued to the Applicant.
27.
Any Person applying for a Licence renewal may do so within 30 days before the
expiry of the Licence.
28.
Despite Section 27, the Licence Issuer may in his or her discretion accept
Applications for a Licence renewal prior to 30 days before the expiry of the
Licence.
PART VIII - LICENCE EXPIRY DATES
29.
Subject to Section 14 and Appendix B every Licence shall be valid for a period of
one year, effective from the driver's date of birth except where:
(a) the initial Licence issued is within 91 days prior to his or her birthday, such
Licence shall be valid to the next following birthday;
(b) the initial Licence issued is issued on a date greater than 91 days prior to his
or her birthday, such Licence shall be valid until the next birthday; or
(c) the Driver's birthday is February 29TH, the expiry date for such Driver'
Licence shall be February 28th for licensing purposes only.
PART IX - TERMS AND CONDITIONS
30.
(1) Notwithstanding any other provision in this By-law, the Licence Issuer may
impose terms and conditions on any Applicant or Licensee at issuance, renewal
or any time during the Licence period, including special conditions as are
necessary to give effect to this By-law.
(2) The Licence Issuer may impose conditions on a business in a class that have
not been imposed on all of the businesses in that class in order to obtain,
continue to hold or renew a Licence.
(3) Notwithstanding any other provision in this By-law, the Licence Issuer may
impose Additional Fees on a Licensee or a Business that requires a licence and
fails to obtain one under this By-law by way of Notice of Additional Fee at any
time during the term of the Licence or the duration of time the business is
operating within the City for any costs incurred by the City attributable to the
activities of the Licensee.
(4) Licensees and other persons charged with an additional fee imposed by the
City shall make payment of outstanding fees owed prior to commencement of
licence issuance
(5) The Notice of Additional Fee shall be sent to the Licensee by personal
delivery, e-mail or fax delivery, or by regular mail and the notice shall provide the
Licensee with 30 days to pay the Additional Fee from the date of the notice.
PART X - GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
31.
Notwithstanding Section 26, the Licence Issuer may refuse to issue a Licence or
renew a Licence, if the Licence Issuer is of the opinion that any one or more of
the following has or may occur, and in coming to this belief the Licence Issuer
shall have regard to the policy set out in Appendix E:
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(a) The issuance of or the holding of a Licence would be contrary to the public
interest in respect of:
(i) the health and safety of any person
(ii) a nuisance affecting any land , or
(iii) the protection of any consumer.
(b) The conduct of the Applicant or Licensee or other circumstances afford
reasonable grounds for belief that the carrying on of the business has infringed,
or would infringe, the rights of other members of the public.
(c) Any Application or other document provided to the Licence Issuer by or on
behalf of the Applicant or Licensee contains a false statement or provides false
information.
(d) The financial position of the Applicant or Licensee demonstrates that the
business has not or will not be carried on in a financially responsible manner.
(e) The business of the Applicant or Licensee is carried on or intended to be
carried on in an area where it is prohibited.
(f) The Applicant or Licensee has failed to pay a fine or administrative penalty
owing to the City.
(g) The Premises in which the business is carried on does not comply with the
provisions of this By-law or with any other law, regulation or City by-law, including
the Zoning By-law, and the Building Code Act, 1992 and Building Code, O.Reg.
350/06 as amended and the Fire Protection and Prevention Act, 1997, Fire Code,
O.Reg. 213/07 as amended or any successor regulations.
(h) The conduct of the Applicant or Licensee affords reasonable grounds for
belief that the Applicant or Licensee has not carried on or will not carry on his or
her trade, business or occupation in accordance with law and with integrity and
honesty.
(i) There are reasonable grounds for belief that the carrying on of the business or
occupation by the Applicant or Licensee has resulted or will result in a breach of
this By-law or any other law.
(j) The fee payable for the Licence has not been paid.
(k) Any fee imposed on an Applicant or Licensee under this By-law remains
unpaid.
PART XI - GROUNDS FOR REVOKING OR SUSPENDING A LICENCE
32.
The Licence Issuer may revoke or suspend a Licence for any one or more of the
grounds listed in Section 31.
33.
If the Licence Issuer is satisfied that the continuation of a business poses an
immediate danger to the health or safety of any person or property, the Licence
Issuer may, without a hearing, suspend a Licence, for the time and on such
conditions as the Licence Issuer considers appropriate, subject to the following:
(a) before suspending the Licence, the Licence Issuer shall, either orally or in
writing, provide the Licensee with the reasons for the suspension and allow the
Licensee with an opportunity to respond; and
(b) the suspension shall not exceed 14 days
PART XII - WRITTEN NOTICE AND SERVICE
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34.
(1) After a decision is made by the Licence Issuer to refuse, cancel, revoke or
suspend a Licence, written notice of that decision shall be given forthwith to the
Applicant or Licensee.
(2) The written notice provided under subsection 34(1) shall:
(a) set out the grounds for the decision;
(b) give reasonable particulars of the grounds for the decision;
(c) be signed by the Licence Issuer; and
(d) state that the Applicant or Licensee is entitled to a hearing by the
Tribunal if the Applicant or Licensee delivers to the City Clerks office
within 15 days after the notice is served, a notice in writing requesting a
hearing by the Tribunal accompanied by the appropriate fee.
(3) Any written notice given under this By-law shall be deemed to be received on
the receipt date which is one of the following:
(a) in the case of mailed documents, 5 days following the mailing as
determined from the post mark;
(b) in the case of personal delivery, e-mail or faxed document, the day of
delivery; and
(c) where more than one method of delivery is used, the operative receipt
date for the calculation of the time for an appeal is the latest of the
possible receipt dates.
(4) Where any written notice is mailed under this By-law, it is sufficient to use the
Applicant's or Licensee's last known business or residential address.
PART XIII - RIGHT TO APPEAL
35.
(1) The Applicant or Licensee may appeal the Licence Issuer's decision to
refuse, cancel, revoke, suspend, or to impose any condition on a Licence, to the
Tribunal by filing a written notice of appeal with the Clerk, with reasons in support
of the appeal, accompanied by the appropriate appeal fee as set out in the City's
User Fee By-law within 15 days following the receipt of written notice of the
Licence Issuer's decision.
(2) On receipt of a written request for a hearing from the Applicant or Licensee,
the Clerk shall schedule a hearing of the Tribunal and shall give the Applicant or
Licensee and Licence Issuer reasonable written notice of the date, time and
place of the hearing in accordance with the Brampton Appeal Tribunal By-law,
No. 48-2008, as amended, or any successor by-law.
(3) The filing of an appeal does not operate to suspend the Licence Issuer's
decision.
(4) The decision of the Licence Issuer shall be final if the Clerk does not receive
an appeal by the 15th day following the receipt date of the written notice of the
Licence Issuer's decision.
(5) Where the Tribunal has ordered that a Licence be granted, reinstated, a
suspension to a Licence ended or a change to the condition(s) of a Licence, the
Applicant or Licensee shall fulfill any outstanding requirements for the Licence
under this By-law.
(6) The provisions of the Brampton Appeal Tribunal By-law, No.48-2008, as
amended, or any successor by-law, apply to any appeal that is made under this
section.
PART XIV - RETURN OF LICENCE
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36.
(1) Where a Licence has been revoked or suspended, and written notification as
set out in section 34 is provided and deemed received, the Applicant or Licensee
shall return the Licence to the Licence Issuer within 10 business days.
(2) A Person whose Licence has been revoked or suspended shall not refuse to
deliver the Licence to the Licence Issuer or in any way obstruct, hinder or prevent
the Licence Issuer from receiving or taking the Licence.
(3) Where a Licence has been revoked or suspended, the Licence Issuer, Officer
or Inspector may enter upon the business premises of the Licensee for the
purpose of receiving, seizing or removing the Licence.
PART XV - CHANGE OF INFORMATION
37.
(1) A Licensee shall carry on business in the City only in the name which is set
out on the Licence and shall not carry on business in the City in any other name
unless the Licensee has first notified the Licence Issuer and complied with the
relevant provisions of this By-law.
(2) A Licensee shall notify the Licence Issuer within 7 days of any change of
name, address or any other change to the information related to the Licence, and
where the Licensee is a corporation, it shall notify the Licence Issuer of any
change in the names and addresses of officers and directors, the location of the
corporate head office and change of ownership of shares within 7 days of the
change, and if necessary, the Licence shall be returned immediately to the
Licence Issuer for amendment.
(3) A Licensee shall not alter, erase or modify or permit such alteration, erasure
or modification of the Licensee's Licence or part thereof unless approved by the
Licence Issuer.
PART XVI - GENERAL PROVISIONS
38. An Applicant or Licensee whose Licence has been refused or revoked, shall not be
entitled to make a new Application for a similar type of Licence for a period of 12
months from the date of the refusal or revocation.
39. The Licence Issuer may reinstate any Licence that has been suspended or revoked
upon satisfactory proof that the administrative and legislative requirements under this
By-law have been met.
40. Any Licence issued under this By-law may be cancelled at any time upon the written
request of the Licensee.
41. A Person shall not enjoy a vested right in the continuance of a Licence and upon the
issuance, renewal, transfer, cancellation or suspension thereof, the value of a Licence
shall be the property of the City.
42. A Licensee shall not advertise, promote or carry on the business under any name
other than the name endorsed upon the Licence, without the approval of the Licence
Issuer.
43.
(1) Any Licence issued under this By-law shall be posted on the premises, to
which the Licence relates in a conspicuous place that is clearly visible to the
public.
(2) Where a Licensee does not have a licensed premise, the Licensee shall carry
the Licence with them at all times when engaged in the activity for which the
Licence has been issued.
44. The Licence Issuer shall not accept any new Application for a Taxicab or Accessible
Taxicab Owner's Plate, from any Person not on the Priority List, nor shall any new
names be added to the Priority List
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45. No member of the Tribunal, Council, or Employee of the City is personally liable for
anything done under the authority of this By-law.
46. A Licensee shall not be permitted to transfer a Licence unless specifically allowed
under a Schedule in this By-law and approved by the Licence Issuer.
PART XVII - INSURANCE
47.
(1) Every Person shall, before the issuance of an Owner's Licence to them for a:
(a) Driving School Motor Vehicle Owner (Schedule 1);
(b) Limousine Owner (Schedule 2);
(c) Refreshment Vehicle Owner except for Class B, non-motorized, and
Class C, stationary in a permanent location (Schedule 3);
(d) Taxicab Owner (Schedule 4); or
(e) Peddler Licence (Schedule 6), non-motorized,
provide proof of third-party Motor Vehicle liability insurance for each vehicle used
in the business, to the minimum amount of at least two million dollars
($2,000,000), exclusive of costs and interest, per occurrence. Perils will include
bodily injury, death of one or more persons, and loss or damage to property.
(2) The Licence Issuer shall be given at least 10 days' notice in writing, by
regular mail, personal delivery, e-mail or fax delivery, of cancellation, expiration
or variation in the amount or conditions of the policy.
(3) Every Person required to be licensed as a Driving School Operator,
Refreshment Vehicle Owner, Peddler or a Taxicab Broker shall, before the
issuance of a Licence to them, provide proof of commercial general liability
insurance against all claims for personal injury including bodily injury resulting in
death, and property damage with an inclusive limit of not less than two million
dollars ($2,000,000) per occurrence insuring them against liability imposed by
law for any loss or damage resulting from the carrying on of the business to
which the Licence relates.
(4) The certificate of insurance issued in respect of the insurance policy in
Section 47 shall be provided to the Licence Issuer on the approved City mobile
licensing form prior to the issuance of the Licence that it applies to in the form of
proof set out in Appendix C to this By-law.
PART XVIII - INSPECTION
48. Upon request of the Licence Issuer, Inspector, Medical Officer of Health or Fire
Chief the Licensee shall produce the Licence and any other requested documents
forthwith.
49. No Person who has or is required to have a Licence under this By-law, shall
obstruct or hinder the conducting of an inspection by the Licence Issuer, or Inspector,
or cause or permit an inspection to be obstructed or hindered.
50. Where the Officer, Inspector or Licence Issuer finds that any provision of this By-
law is being contravened, a notice may be issued in writing directing compliance with
the provision.
51.
(1) An Inspector may enter on any land and building, structure thereon or inspect
a Vehicle at any reasonable time for the purpose of carrying out an inspection to
determine whether any one or more of the following are being complied with:
(a) the provisions of this By-law;
(b) an order made under this By-law;
(c) a condition of a Licence issued under this By-law; or
(d) an order made under section 431 of the Municipal Act, 2001.
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(2) For the purposes of an inspection under subsection 51. (1) the person
carrying out the inspection may do any one or more of the following:
(a) require the production for inspection of any goods, articles, books,
records, other documents or Vehicles of or relating to any business or
occupation licensed under this By-law;
(b) inspect and remove documents or things relevant to the inspection,
including anything listed in subsection 51. (2) (a), for the purpose of
making copies or extracts;
(c) require information from any Person concerning a matter related to the
inspection; or
(d) alone or in conjunction with a Person possessing special or expert
knowledge make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
(3) Where an Inspector has been or is likely to be prevented from carrying out an
inspection pursuant to subsection 51. (1), the Officer or Inspector may apply for an
order, under section 438 (2) of the Act, from a Provincial Judge or Justice of the Peace
authorizing them to carry out an inspection for the purposes of subsections 51. (1) or
(2).
PART XIX - ORDER TO COMPLY
52.
(1) Where an Inspector believes that a contravention of this By-law has occurred,
they may issue:
(a) an order to discontinue the contravening activity;
(b) an order to correct the contravention; or
(c) an order to discontinue the contravening activity and correct the
contravention.
(2) The orders contemplated in subsection 52. (1) shall set out:
(a) the name of the Person who is believed to have contravened this By-law and
the municipal address or the legal description of the land to which the
contravention or Licence applies;
(b) reasonable particulars of the contravention;
(c) the date by which there must be compliance with the order; and
(d) if applicable, the work to be done and the date by which the work must be
done.
(3) An order issued under this By-law may be served personally or served by mail
to the last known address of the Person and such other persons affected by it as
determined by the Licence Issuer or Inspector and a copy of the order may be
posted on any property to which the contravention or Licence applies.
(4) If an order is served by registered mail, the service shall be deemed to have
been made 5 days after the mailing.
(5) Where service cannot be carried out in accordance with subsection 52. (3),
the Licence Issuer, Officer or Inspector may place a placard containing the terms
of the order in a conspicuous place on the property to which the contravention or
Licence applies, and the placing of the placard shall be deemed to be sufficient
service of the order on the Person or persons to whom the order is directed.
(6) Every Person who fails to comply with an order made under this section is
guilty of an offence.
PART XX - PLATE (Sticker) REMOVAL
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53. Where the Licence Issuer, acting reasonably, has reason to believe that one or
more of the sections listed in Appendix D is or has been contravened, they may
physically remove the Plate (Sticker) from the Vehicle.
54. The Licence Issuer may retain the Plate (Sticker) until the contravention has been
rectified to the satisfaction of the Licence Issuer.
PART XXI - CONTRAVENTION AND PENALTIES
55. (1) Every Person who contravenes any provision of this By-Law, and every director
or officer of a corporation who concurs in such contravention by the corporation, is
guilty of an offence and is liable to a fine, and such other penalties, as provided for
in the Provincial Offences Act, R.S.O. 1990, c. P.33, and the Municipal Act, 2001,
as both may be amended from time to time.\
(2) In addition to subsection 55. (1), any Person who is charged with an offence
under this By-law by the laying of an information under Part III of the Provincial
Offences Act and is found guilty of the offence is liable, pursuant to the fine
provisions of the Municipal Act, 2001, to the following fines:
(a) the minimum fine for an offence is $500 and the maximum fine for an offence
is $100,000;
(b) in the case of a continuing offence, for each day or part of a day that the
offence continues, the minimum fine shall be $500 and the maximum fine shall
be $10,000 and the total of all daily fines for the offence is not limited to
$100,000;
(c) in the case of a multiple offence, for each offence included in the multiple
offence, the minimum fine shall be $500 and the maximum fine shall be $10,000
and the total of all fines for each included offence is not limited to $100,000;
(d) in addition to the fine provisions in subsection 55. (2) (a) to (c), if a Person is
convicted of an offence under this By-law, any economic advantage or gain
obtained by the Person from operating a business without a Licence may be
considered an aggravating factor for sentencing purposes which may attract a
special fine, which shall be equal to or greater than the economic advantage or
gain obtained by the Person from operating the business without a Licence; and
(e) the maximum amount for a special fine in subsection 55. (2)(d) may exceed
$100,000.
(3) If a Person is convicted of an offence under this By-law, in addition to any other
remedy or any penalty imposed, the court in which the conviction has been entered,
and any court of competent jurisdiction, may make an order:
(a) prohibiting the continuation or repetition of the offence by the Person
convicted; and
(b) requiring the Person convicted to correct the contravention in the manner and
within the period that the court considers appropriate.
(4) Where a Person fails to pay any part of a fine for a contravention of this By-law
and the fine is due and payable under section 66 of the Provincial Offences Act,
including any extension of time to pay the fine provided under that section, the City
Treasurer, or the Treasurer's delegate may give the person a written notice
specifying the amount of the fine payable and the final date on which it is payable,
which date shall not be less than 21 days after the date of the notice.
(5) If any part of a fine for a contravention of this By-law remains unpaid after the
final date specified in the notice given under subsection 55. (4), the outstanding fine
is deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act,
2001.
(6) Administrative Penalties (Non-Parking) By-law 218-2019, as amended, applies
to this By-law. Every Person who contravenes a provision of this By-law designated
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in Schedule A of the Administrative Penalties (Non-Parking) By-law 218-2019, shall
upon issuance of a Penalty Notice be and is liable to pay to the City of Brampton an
administrative penalty in the amount set out in the Administrative Penalties (Non-
Parking) By-law 218-2019.
PART VI - ADMINISTRATIVE PENALTIES
56. An Officer or Inspector may require a Person, subject to the conditions set out within
the Administrative Penalties (Non-Parking) By-law 218-2019, as amended, or successor
by-law, to pay an administrative penalty if the Officer or Inspector is satisfied that the
Person has failed to comply with:
(a)
a provision of this by-law; or
(b) an Order of an Officer.
57. Every Person who is served a penalty notice pursuant to section 16 is liable to pay
to the City and administrative penalty in the amount set out in the Administrative Penalty
(Non-Parking) By-law 218-2019, as amended.
PART XXII - FEES
58. The Licence Fees required under this By-law are set out in Appendix A attached to
this By-law
PART XXIII - DISCRIMINATION
59.
(1) No Person, in carrying out a business licensed under this By-law shall
discriminate against any member of the public on the basis of race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender
identity, gender expression, age, marital status, family status or disability.
(2) No Person, in carrying out a business licensed under this By-law shall, with
respect to any person being guided or assisted by a service animal:
(a) refuse to service the person;
(b) refuse to permit the person to enter with the animal into or upon any
place or premises to which the Licence relates; or
(c) refuse to permit the person and such animal to remain in or upon such
place or premises by reason only of the presence of such animal.
PART XXIV - SCHEDULES AND APPENDIXES
60. (1) All Schedules and Appendixes attached to this By-law shall form part of this
By- law.
(2) In the event of a conflict between any of the general provisions of this By-law
and any provisions set out in the Schedules attached to this By-law, the
provisions of the Schedules shall prevail.
(3) The expiry dates of Licences issued under this By-law, except for those
issued per day or per event, are set out in Appendix B to this By-law.
PART XXV - TRANSITION
61.
(1) Despite section 60, if a Licence or a Licence renewal has been issued for a
business under the City's Licensing By-law, 67-2014 , as amended, and the
applicable by-law provisions and schedule for that Licence have been repealed
under this By-law, the provisions of Licensing By-law No. 67-2014, as amended
and the applicable appendices and schedule in effect at the time of the Licence
issuance or Licence renewal continue to apply for the term of that Licence or
Licence renewal.
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(2) This By-law, including all appendices and schedules under this By-law apply
to all Licences and Licence renewals issued after this By-law comes into effect,
even in the case of a Licence renewal that relates to a Licence issued under
Licensing By-law 67-2014, as amended.
PART XXVI - BY-LAW AMENDMENTS, REPEAL AND EFFECTIVE DATE
62.
This By-law comes into force and effect on the date of its passing by Council.
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SCHEDULE 1 - Mobile Licensing By-Law
Relating to Persons who carry on the Business of Teaching Persons to Operate
Motor Vehicles, including Truck Driving Schools, and Driving School Instructors
Employed in Such Business
PART I - DEFINITIONS
1. For the purpose of this Schedule:
"Driving School" means any business or establishment which employs Instructors, to
teach persons to operate Motor Vehicles;
"Driving School Instructor" or "Instructor" means a Person who for compensation
teaches others to drive a Motor Vehicle as a Driving Instructor and is required to be
licensed as such under this By-law and who is Employed by a Driving School Operator
licensed under this By-law in the business of teaching persons to operate a Motor
Vehicle;
"Driving School Motor Vehicle Owner" means the registered owner or lessee of a Motor
Vehicle used for driving school instruction;
"Driving School Operator" or "Operator" means a Person who runs, operates or carries
on the business of a Driving School;
"Employed" includes any business relationship between an Operator and Instructor,
whether on a salary, hourly wage, commission or independent contract or other basis,
and the terms "employee" and "employment" have a corresponding meaning; and
"Parkland" means any and all land owned by or made available by lease, agreement or
otherwise to the City that:
(a) has been or hereafter may be set apart, designated, dedicated or established
by the City as public parkland, including the water areas and shoreline of such
property, or
(b) is maintained by the City as a boulevard, median, landscaped buffer area or
walkway.
PART II - REQUIREMENTS OF LICENSEES
2.
(1) Where an Applicant for an Operator's or Instructor's Licence is the Registered
Owner or lessee of the Motor Vehicle to be used in the Driving School business,
in addition to the general licensing provisions of this By-law, they shall file with
the Licence Issuer a list of all Motor Vehicles to be used by them as an Operator
or Instructor setting out the provincial plate number, year, make and model of the
Motor Vehicle.
(2) Any Person who is licensed as an Operator or Instructor and has filed the list
required under subsection (1) shall notify the Licence Issuer within 72 hours of
any change to the list.
(3) Where the Applicant for an Operator's or Instructor's Licence is entitled to be
licensed under this By-law, the Licence Issuer shall issue a Driving School Motor
Vehicle Owner's Licence and a Plate for each Motor Vehicle set out on the list
required under subsection (1) as long as all the provisions of this Schedule and
By-law dealing with Motor Vehicles are met.
3.
An Applicant for an Instructor's Licence and a Licensee applying for a Licence
renewal shall:
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(a) produce a current valid Ontario driver instructor's licence and a current valid
Ontario driver's licence both issued under the Highway Traffic Act, R.S.O. 1990,
c.H.8, as amended; and
(b) provide written notice of the name and address of the Operator for whom they
will be instructing.
PART III - DRIVING INSTRUCTOR
4.
Every Instructor shall:
(a) when giving instruction to any student driver place the Instructor's Licence
with the photo ID card in the Motor Vehicle, in a location that is plainly visible to
the student driver;
(b) when giving driving instruction, ensure that the Motor Vehicle is equipped with
an extra rearview mirror for the use of the Instructor;
(c) when giving driving instruction, ensure that the Motor Vehicle is equipped with
identical wheel coverings and or wheel design;
(d) while giving driving instructions ensure that the Motor Vehicle is equipped
with extra braking equipment in good working condition placed in a position for
ready use by the Instructor; and
(e) ensure that every student driver produces a current Ontario driver's licence or
a current valid Ontario temporary driver's licence, or, in the case of a student
driver who has not resided in Ontario for more than 30 days, a valid driver's
licence in accordance with the laws of the province in which the driver was
resident.
5.
No Instructor shall give driving instructions:
(a) unless a roof sign on the Motor Vehicle showing the business name of the
Driving School as shown on its Licence is affixed to the roof of the Motor Vehicle
or in a location approved by the Licence Issuer so that it is clearly visible at a
distance of at least 15 metres (49.2 feet);
(b) unless the Plate is properly affixed to the exterior of the Motor Vehicle in a
location approved by the Licence Issuer;
(c) if his or her ability to drive or instruct is impaired by alcoholic beverages,
drugs or narcotics;
(d) to any G1 or equivalent licensed student who is not a client at the Ministry
Approved Beginner Driver Education Course Provider Driving School where the
Instructor is Employed;
(e) to any student driver whose driving ability appears to be affected by alcoholic
beverages, drugs or narcotics;
(f) to a student driver on private property without the prior consent of the private
property owner;
(g) subject to 5(h), to any student driver when a Person other than:
(i) the Instructor;
(ii) the student driver; or
(iii) the Operator or an employee of the Operator; is in the Motor Vehicle in
which the instruction is being given;
(h) subsection 5(g), does not prevent the giving of instruction where all the
students are under the age of twenty-five years, and when the instruction is
pursuant to a driving course accredited by the Province of Ontario;
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(i) in any Motor Vehicle unless the Motor Vehicle has been approved and
licensed by the Licence Issuer; or
(j) without a valid and current Ontario driving instructor's licence issued pursuant
to the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended.
PART IV - DRIVING SCHOOL OPERATOR
6.
Every Driving School Operator shall:
(a) only employ as an Instructor a Person licensed under this By-law;
(b) before instruction is given, furnish each student with a written statement of all
rates and charges for services provided by the school, which statement shall be
in a form approved by the Licence Issuer, and shall commence with the words,
"The following is a complete Schedule of rates and charges for all services
provided by (name of Driving School) and no other rates or charges shall be
demanded or received by the school or by any of its Instructors";
(c) adhere to the rates and charges indicated in the published statement and give
15 days advance notice to the Licence Issuer of any new statement of rates and
charges;
(d) keep a permanent record of the name and address of each student, the date
of the commencement of instruction, the date, time and name of the Instructor for
each lesson and the number of the student's provincial driver's licence;
(e) allow the Licence Issuer to have access to all premises, Motor Vehicles,
equipment, books and records used in the business and submit any Motor
Vehicle for inspection whenever required;
(f) notify the Licence Issuer in writing of the name and address of each Driving
School Instructor Employed by them and of the date of commencement of such
employment, such notification to be given no later than the first day of the
following month.
(g) notify the Licence Issuer in writing of the name and address of each Driving
School Instructor whose employment by them has terminated, and the date of
the termination, and such notification shall be given no later than 72 hours after
the employment has terminated;
(h) ensure that every registered owner or lessee of every Motor Vehicle to be
used in the Driving School business is licensed under this By-law; and
(i) have printed or otherwise impressed on all business stationery, files, bills,
statements and any written advertising materials his or her business name as
licensed.
7.
Where an Operator is also an Instructor they shall also be licensed as an
Instructor under this By-law.
PART V - DRIVING SCHOOL MOTOR VEHICLE OWNER
8.
Where the Applicant for a Driving School Motor Vehicle Owner's Licence is the
Lessee of the Motor Vehicle the Applicant shall file a copy of the lease with the
Licence Issuer.
9.
Every Driving School Motor Vehicle Owner shall:
(a) present the Motor Vehicle for inspection and approval by the Licence Issuer;
(b) advise the Licence Issuer forthwith when any licensed Motor Vehicle ceases
to be used; and
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(c) immediately return to the Licence Issuer all Plates (Stickers) in respect of
Motor Vehicles that have ceased to be used in the business.
PART VI - RESTRICTED AREAS
10.
(1) No Instructor shall:
(a) give any driving instructions on any public road or highway in the areas
hatched and marked "Restricted Area" in Appendix F; or
(b) Use any part of parkland for the purpose of instructing, teaching or
coaching any person in the driving or operation of a motorized vehicle,
except within designated teaching zones at the community centres listed
in Appendix 'K'. No more than five (5) instructor vehicles may conduct
instruction at any one time at any designated location. (replaced by by-
law number pursuant to By-law 090-2026)
(2) No Driving School Operator shall cause or permit any driving instruction to be
given in any area described in subsections 10. (a) and (b).
(3) Despite subsection 10(a), an Instructor may give instruction to a student who
lives in the Restricted Area, provided that:
(a) while in the Restricted Area the student carries with them proof of the
student's residence and presents it on demand to any Inspector or the
Police; and
(b) the Instructor ensures that the student proceeds to and from their
residence using the most direct route to and from the closest area outside
the Restricted Area.
PART VII - PROHIBITIONS
11. No Person shall conduct business of being a driving school instructor when non-
compliant with a provision of the By-Law or this schedule.
12. No Person shall conduct business of being a driving school operator when non-
compliant with a provision of the By-Law or this schedule.
13. Every non-compliance of the provision of this by-law shall be deemed as a separate
offence.
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SCHEDULE 2 - Mobile Licensing By-law
Relating to Persons who carry on the Business of Owning and Operating
Limousines, Limousine Drivers and Owners
PART I - DEFINITIONS
1. For the purposes of this Schedule:
"Limousine" means a Vehicle for hire for the transportation of passengers at a flat rate
by agreement, and includes a luxury passenger vehicle, with four or more doors, which
is not a station wagon, panel truck, bus or van, but does not include a Meter (as defined
in the Taxicab Schedule 4); and
"Limousine Driver" means any person who drives a Limousine.
PART II - REQUIREMENTS OF LICENSEES
2. In addition to the general licensing provisions of this By-law, an Applicant for a
Limousine Driver's Licence shall produce a letter verifying employment from a
Licensed Limousine Owner.
3. In addition to the general licensing provisions of this By-law, an Applicant for a
Limousine Owner's Licence shall:
(a) be an Ontario or Canada corporation; and
(b) file substantive documentation the licence Issuer of potential and viable
Limousine business for at least 35 hours per week in the city
PART III - LIMOUSINE DRIVER
4. Every Limousine Driver shall:
(a) be professionally attired;
(b) be civil and behave courteously, refraining from using profanity and offer to
assist any Passenger when it is evident that the Passenger is a Person with a
disability, elderly or in need of assistance;
(c) not smoke or vape any cigar, cigarette, tobacco or any other substance in the
Limousine;
(d) give a Passenger a receipt on an authorized form showing the Driver's name
and Driver's Licence number and an identifying number for the Limousine when
requested or whenever there is a dispute over the fare;
(e) have available at all times and produce on request of the Licence Issuer or
Passenger a current Driver's identification card with photograph, issued by the
Licence Issuer;
(f) produce the Limousine rate sheet when requested by a Passenger;
(g) keep at all times in the Limousine while under contract, a copy of the signed
contract either in a paper or electronic format;
(h) produce a copy of the contract when requested by the Licence Issuer;
(i) be required to serve a pre-arranged Passenger in the City, except when the
person:
(i) is intoxicated or disorderly;
(ii) is in possession of an animal other than a service animal;
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(iii) is in the opinion of the Driver unable or unwilling to pay the Fare and
has been unable or unwilling to satisfy the Driver that they have the funds
to pay the Fare;
(iv) is a grossly unclean person; or
(v) refuses to wear a seat belt and either fails to produce a medical
certificate exempting them from wearing a seat belt assembly, or fails to
satisfy the Driver that his or her weight is under eighteen (18) kilograms
(40 lbs);
(j) ensure that all business conducted is through pre-arranged trips;
(k) take due care of all property, delivered or entrusted to the Driver for
conveyance, and immediately upon termination of any hiring engagement with a
fare shall carefully search the Limousine for any property lost or left in the
Limousine and, all property or money left in the Limousine shall be forthwith
delivered over to the person owning the property or money and if the owner of
the property or money cannot at once be found, the Driver shall deliver the
property or money to the nearest police station with all the information in the
Driver's possession regarding the property or money, and immediately notify the
Plate Owner;
(l) each day, before commencing the operation of the Limousine, examine the
Limousine for mechanical defects or interior or exterior damage and report
forthwith any defects found, to the Owner of the Limousine; and
(m) each day, upon completion of the operation of the Limousine, report all
defects and all accidents to the Owner.
5. No Limousine Driver shall:
(a) solicit or accept Passengers without a pre-arranged contract for hire;
(b) place in, hang on or attach to the Limousine any luggage or object, in a
manner that might obstruct the Driver's view;
(c) carry a greater number of passengers than is set out in the manufacturer's
rating of seating capacity for such Limousine and a seat belt is available for each
passenger;
(d) take, consume or have in his possession any alcohol, drugs prohibited by law,
prescription or non-prescription drugs or intoxicant's which impair the Limousine
Driver's ability to operate a Limousine;
(e) be required to accept any order when the expenditure of money by the
Limousine Driver is required on behalf of the Passenger;
(f) recommend hotels, restaurants or other like facilities unless requested to do
so by the Passenger;
(g) recover or receive any fare or charge from any Passenger or Persons who
had demanded his or her services, which is greater or less than the fare or
charge filed with the Licence Issuer except for a tip, gratuity or credit card service
charge;
(h) make any charge for time lost through defects or inefficiency of the Limousine
or the incompetence of the Limousine Driver;
(i) hold themselves out as being available for hire in any public place;
(j) take on any additional Passengers after the Limousine has departed with one
or more Passengers from any one starting point, except under the following
circumstances:
(i) when done at the request of a Passenger already in the Limousine; or
25
(ii) in an emergency;
(k) permit a Passenger to stand in the Limousine while the Limousine is in
motion;
(l) refuse to serve a Passenger with a service animal, except where:
(i) the Driver has an allergy, and has filed with the Licence Issuer a
certificate from his doctor evidencing that due to the allergy the Driver is
unable to provide service to a Passenger with a service animal; and
(ii) when the Driver in unable to service a Passenger for the reason set out
in subsection 5(l)(i), the Driver shall make proper arrangements for service
before proceeding to his or her next engagement;
(m) speak in an obscene, foul, boisterous, racist, loud, threatening or abusive
manner to any person while operating a Limousine;
(n) except in an emergency, use a cell phone while the Limousine is engaged;
(o) operate or permit to be operated as a Limousine, any Motor Vehicle which is
not
licensed pursuant to this By-law;
(p) drive a Limousine which does not have an Owner's Plate affixed thereto;
(q) operate a Limousine, unless such Motor Vehicle meets all the standards of
this By-law; or
(r) operate or permit to be operated as a Limousine any Motor Vehicle in respect
of which the Licence Issuer has required an inspection be carried out, prior to
such inspection being passed to the satisfaction of the Licence Issuer.
PART IV - LIMOUSINE OWNER DUTIES
6. Every Limousine Owner shall:
(a) ensure that there is a signed contract for each passenger trip and the contract
shall include:
(i) client identification;
(ii) Driver identification;
(iii) service rendered;
(iv) rate charged; and
(v) date and time of service;
(b) keep at all times in the Limousine for which they are the Owner, the original,
or a photocopy of the original, of each of the following documents:
(i) the current Motor Vehicle permit which is in good standing and was
issued in the Owner's name by the Province of Ontario for the Motor
Vehicle;
(ii) the certificate of liability insurance for the Motor Vehicle, in accordance
with the By-law; and
(iii) the current Limousine Owner's Licence issued under this By-law;
(c) when they dispose of, or ceases to use the Limousine for the purposes
permitted under this By-law and they acquired another Limousine for the
purposes permitted under this By-law, they shall ensure that the new Limousine
is properly registered and licensed;
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(d) immediately remove from the Limousine being disposed of:
(i) all identifying decals and markings; and
(ii) all other items which make the Limousine appear to the public to be a
Limousine;
(e) maintain an up-to-date list of all Drivers operating Limousines for that Owner,
which list shall show the name, address, telephone number and current Licence
number of each Driver;
(f) provide the Licence Issuer with a copy of the list referred to in subsection 6(e);
(g) ensure that every person employed by that Owner as a Driver shall, during
working hours, be properly attired in an appropriate uniform approved by the
Licence Issuer;
(h) affix the Owner's Plate on the Limousine in a location approved by the
Licence Issuer;
(i) file with the Licence Issuer annually, a copy of the rates to be charged for the
use of the Limousine and give 15 days advance notice to the Licence Issuer of
any new statement of rates and charges;
(j) abide by the rates filed with the Licence Issuer; and
(k) upon request of the Licence Issuer, provide access to any books of account,
vouchers, correspondence or other business documents relevant to the
business.
7. No Limousine Owner shall:
(a) operate a Limousine or permit a Limousine to be operated under this By-law,
with mechanical defects of which he is aware;
(b) operate a Limousine or permit a Limousine to be operated under this By-law,
without the Limousine Owner's Plate or sticker for that Limousine attached
thereto;
(c) operate a Limousine or permit a Limousine to be operated which is not
licensed under this By-law;
(d) use any Plate (Sticker) or duplicate Plate (Sticker) other than the one issued
under this By-law;
(e) equip a Limousine with a two-way radio, fare meter, or roof sign;
(f) display any advertising on the exterior of the Limousine, except the name of
the Limousine company may be affixed to the rear of the Limousine or the rear
window in lettering not exceeding two inches, in a manner approved by the
Licence Issuer;
(g) charge, publish or advertise any fare different than those filed with the
Licence Issuer; or
(h) Use an App that has not been approved by the Licence Issuer.
PART V - LIMOUSINE INSPECTION
8.
(1) The Licence Issuer may require at any time, that a Limousine Owner or
Limousine Driver submit the Limousine for inspection at an appointed time and
place.
(2) No Limousine Driver or Limousine Owner shall refuse to submit the Limousine
for inspection when required or prevent or hinder the Licence Issuer from
27
inspecting the Limousine or entering any garage or other building for such
purpose.
PART VI - LIMOUSINE STANDARDS
9. Every Limousine Owner and Limousine Driver shall:
(a) ensure that the Limousine has useable trunk capacity so that the Limousine
can accommodate a wheelchair, walker or similar device;
(b) only use a Limousine that is equipped with air-conditioning and heating in
both the driver and passenger compartments;
(c) only use a Limousine that is equipped with working seatbelts for each
occupant of the Motor Vehicle;
(d) maintain the interior of the Limousine in a clean and tidy condition, including
maintaining the interior:
(i) free from all dust, dirt, grease, oil, adhesive resin and any other item
that can be transferred onto the person, clothing or possessions of a
Passenger;
(ii) free of all wastepaper, cans, garbage or any other item not intrinsic to
the operation of the Motor Vehicle;
(iii) free of noxious substances;
(iv) free of excess wear including tears and cigarette burns in the
upholstery;
(v) in a dry condition;
(vi) in good repair;
(vii) with working seat belts;
(viii) with side windows designed to open and close;
(ix) with every seat securely mounted maintaining its position and
adjustment; and
(x) with a working dome light;
(e) maintain the exterior of the Limousine:
(i) free from all dust, dirt, grease, oil, adhesive resin and any other item
that
can be transferred on the Person, clothing or possessions of a Passenger,
except water or snow;
(ii) in good repair;
(iii) free from exterior body damage;
(iv) with no missing or removed fender(s), grill or molding;
(v) with securely closing doors and trunk lid;
(vi) with all handles and catches in good repair;
(vii) properly painted or finished; and
(viii) with identical wheel coverings and or wheel design.
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11.
No Motor Vehicle shall be used or permitted to be used if it is older than 9 years.
In determining the age of the Motor Vehicle:
a) the model year shall be considered zero;
b) the vehicle will be deemed to age one year on the first day of the month
following the expiry date as outlined in Appendix B;
Example: In the year 2020, a Motor Vehicle with a model year of 2019 is 1 year
old. After the 2030 renewal date, the vehicle will no longer be permitted to be
used. (By-law 269-201
PART VII - PROHIBITIONS
12.
No Person shall conduct business of being a Limousine Driver when non-
compliant with a provision of the By-Law or this schedule.
13.
No Person shall conduct business of being a Limousine Owner when non-
compliant with a provision of the By-Law or this schedule.
14.
Every non-compliance of the provision of this by-law shall be deemed as a
separate offence.
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SCHEDULE 3 - Mobile Licensing By-law
Relating to Persons who carry on the Business of Owners and Operators of
Vehicles from which Refreshments are Sold for Consumption by the Public
PART I - DEFINITIONS
1.
For the purposes of this Schedule:
"Approved Area" means a location on a property site map that is reviewed by City
of Brampton staff and deemed fit for the purpose of operating a Refreshment
Vehicle by the licence issuer and does not include soft landscape. Additionally, the
area does not obstruct pedestrian travel or a multi-use passage.
"Drive Aisle" means a space in a parking lot or garage that allows vehicles to
circulate.
"High pressure fuel source" means a fuel source consisting of compressed gas,
including propane, and butane.
"Oversized Motor Vehicle" means any motor vehicle having a height greater than
2.6 metres or overall length greater than 6.7 metres or combination of both.
External attachments to the vehicle are included in the measurement of height and
length;
"Parking Stall" means a designated area for parking a vehicle, usually marked by
lines, curbs, or signs.
"Property Owner" means the owner of the property that shall provide written
permission to refreshment vehicle owners and operators who wish to operate on
the property
"Refreshment Vehicle" means a motorized or towable unit from which
Refreshments are sold for consumption by the public;
"Refreshment Vehicle Class A" means a Refreshment Vehicle from which the food
or refreshments sold are prepared in a commissary or are prepared or apportioned
at the Refreshment Vehicle, but which is not exclusively a vendor of factory pre-
packaged frozen products and does not remain at a static location;
"Refreshment Vehicle Class B" means a Refreshment Vehicle which is non-
motorized and does not require a health certificate from the Region of Peel's
Medical Officer of Health because it is exclusively a vendor of factory prepackaged
frozen products;
"Refreshment Vehicle Class C" means a Refreshment Vehicle or Refreshment
Vehicle Trailer which is stationary in a Static Location and from which any food or
refreshment sold is prepared or apportioned at the Vehicle;
"Refreshment Vehicle Class D" means a motorized Refreshment Vehicle which
sells soft or hard ice cream prepared or apportioned at the Vehicle but which is not
stationary in a static location, unless otherwise approved by the Licence Issuer;
"Refreshment Vehicle Driver" means any Person who drives or operates a
Refreshment Vehicle Class A through to and including Class D;
"Refreshment Vehicle Owner" means any Person who is the owner of a
Refreshment Vehicle and includes a Person who is leasing a Refreshment
Vehicle;
"Refreshment Vehicle Trailer" means a non-motorized, towable unit designed or
equipped for the sale or offering of Refreshments to the public but must be towed
and is not capable of self-propulsion;
"Special Event" shall mean an event which is sponsored, authorized or conducted
by the City of Brampton, or on behalf of the City of Brampton, or on behalf of a
registered not-for-profit or registered charity, or other community group with the
approval of the City of Brampton;
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"Site Map" means an accurate drawing or representation of the location on the
property in question which shows existing and proposed conditions for a given
area, to be used to satisfy and allow the officer, inspector, plans examiner or zoning
review to make an accurate assessment of site needs and allowable use and
locations for use
"Static Location" means a location on private property where any refreshment
vehicle is stopped and is operating from, in excess of 30 minutes in any 24 hour
period
"Tent" means a temporary structure that is put together which is stationary and
from which any food or refreshment sold is prepared or apportioned at the location
of the structure including areas where open air cooking is taking place for intent of
sale of goods.
"Visibility Triangle" means the area of land that is required to be kept free of
obstructions that could impede the vision of a pedestrian or a driver of a motor
vehicle exiting onto or driving on the highway or private road;
"Washroom Facility" means a facility that has running water and flushable toilets
and does not include portable toilets.
PART II - REQUIREMENTS FOR LICENSEES
2.
Every Applicant for a Refreshment Vehicle Owner's Licence Class A, Class C,
Class D shall produce from a Medical Officer of Health an approval for the
Refreshment Vehicle to which the Licence is to be issued.
3.
Every Owner and Driver of a Refreshment Vehicle shall comply with the provisions
of this Schedule.
4.
Every Owner and Driver of a Refreshment Vehicle shall submit the Refreshment
Vehicle for inspection to an Inspector, as determined by the Licence Issuer, at a
time and place requested by the Licence Issuer.
5.
Every Applicant for a Refreshment Vehicle Owner's Licence Class C shall produce
an approved site map, clearly outlining the Approved Area where they will be
operating the Refreshment Vehicle.
6.
Every Applicant for a Refreshment Vehicle that requires a high-pressured fuel
source to operate must submit valid a Fire Suppression System Certificate along
with a copy of a current Technical Standards and Safety Authority certification,
unless no such certification is issued.
7.
Every Property Owner must provide 'written permission' to the city for a
refreshment vehicle to operate on their property, and shall;
a. Confirm the property is zoned as either commercial or industrial;
b. Provide a site map identifying an Approved Area from which the refreshment
vehicle may operate on site, in compliance with municipal By-laws;
c. Confirm that the refreshment vehicle is licensed by the City;
d. Provide full legal name and contact information of the property owner or
authorized representative;
e. Provide full legal name and contact info of the food truck vendor/operator;
f.
Provided address of the property where the food truck will operate;
g. Provide operating terms, as necessary; and,
h. Provide confirmation that the Refreshment Vehicle staff and patrons have full
access to the washroom facilities on the property.
PART III - DRIVERS
8.
Every Refreshment Vehicle Driver shall:
(a) produce his Licence and a copy of the Owner's Licence when requested to do
so by the Licence Issuer, or Inspector; and
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(b) wear clean clothes, be clean and neat in appearance, and have clean hands.
No Refreshment Vehicle Driver shall:
(c) not operate a Refreshment Vehicle that has not been issued a valid and
current Owner's Licence under authority of this By-law;
(d) not stop any Refreshment Vehicle to sell refreshments within 100 metres of
the entrance or exit to any school grounds, public park, or intersection, or within
30 metres of any school ground, or public park;
(e) not sell any alcohol, cannabis or tobacco products from the Refreshment
Vehicle;
(f) not stop, park, or operate any Refreshment Vehicle within 50 meters of a
Fixed Food Premise as defined in the Business Licensing By-law 332-2013 or its
successor;
(g) not stop, park, or operate within 5 meters of any other refreshment vehicle. If
there are three refreshment vehicles operating at the same location, once there
are any additional refreshment vehicles at that location in excess of the three,
shall maintain a 10 meter distance between them and the additional refreshment
vehicle(s)
(h) stop or park a Refreshment Vehicle on any Highway or public roadway for the
purpose of selling goods, unless otherwise permitted within another section of
this by-law or approved by the Licence Issuer.
PART IV - OWNERS
9.
Every Refreshment Vehicle Owner shall:
(a) take out a separate Licence for each Refreshment Vehicle owned, which is to
be used in the City; and
(b) ensure that the Owner's Plate is properly affixed to the rear of the
Refreshment Vehicle for which it is issued, or in another location, in a manner
and position approved by the Licence Issuer.
(c ) ensure that the operator(s) has a copy of the property owners written
permission and have same available upon request by an inspector or officer
(d) No Refreshment Vehicle Owner shall permit an unlicensed Person to operate
their Refreshment Vehicle.
10.
All refreshments sold from a Refreshment Vehicle shall be clean, fresh and
wholesome.
11.
Every Refreshment Vehicle shall be equipped with either of the following
containers that are to be used for the disposal of all refuse:
(a) a metal refuse container with a self-closing lid which shall be kept at all times
in a clean and sanitary condition and emptied at least once daily; or
(b) a disposable litter container which shall be replaced daily.
12.
Every Refreshment Vehicle and all parts and equipment for use in the dispensing
of refreshments shall be kept in a clean and sanitary condition and in good repair.
13.
No Person shall solicit business to a Refreshment Vehicle through the use of any
noise-making device.
14.
No Refreshment Vehicle Owner shall:
(a) permit a Refreshment Vehicle to stop, park, or operate within 50 metres of a
Fixed Food Premise, as defined in the Business Licensing By-law 332-2013 or its
successor.
32
(b) permit a Refreshment Vehicle to stop on any Highway or public roadway for
the purpose of selling goods, unless otherwise permitted within another section
of this By-law or approved by the Licence Issuer;
(c) permit a Refreshment vehicle to stop, park, or operate within 5 meters of any
other refreshment vehicle. If there are three refreshment vehicles operating at the
same location, once there are any additional refreshment vehicles at that location
in excess of the three, shall maintain a 10-meter distance between them and the
additional refreshment vehicle(s);
(d) permit the sale of any alcohol, vape or tobacco products from a Refreshment
Vehicle.
PART V - CLASS A REFRESHMENT VEHICLES
15.
No Class A Refreshment Vehicle Driver shall:
(a) sell any refreshments unless they are prepared, assembled and wrapped in a
commissary approved by the Medical Officer of Health or are prepared or
apportioned at the Refreshment Vehicle; or
(b) stop the Vehicle on a highway to sell refreshments unless servicing a
construction site or work crew, and in no case shall the duration of such a stop
exceed 10 minutes;
16.
Prior to the issuance of the Licence, every Applicant for a Class A Refreshment
Vehicle Owner's Licence shall furnish to the Licence Issuer the source of the
supply for the refreshments to be sold from the Vehicle.
17.
Every Owner of a Class A Refreshment Vehicle shall:
(a) notify the Licence Issuer forthwith of any change in the source of the supply
for the refreshments to be sold from the Vehicle; and
(b) equip the Vehicle with a device that issues an audible warning when the
vehicle is placed in reverse gear.
18.
No Person shall disconnect or disable the device required in Section 17(b).
19.
No Person shall drive a Refreshment Vehicle that is not equipped with the device
required in Section 17(b).
20.
Every Owner and every Driver of a Class A Refreshment Vehicle shall:
(a) refrain from selling or permitting to be sold from the Vehicle any refreshments
from a source of supply other than that specified by the Owner to the Licence
Issuer;
(b) ensure that all condiments, shall be dispensed from containers approved by
the Licence Issuer;
(c) ensure that only single-service disposable cups, plates, containers, forks,
spoons and serviettes provided in dispensers approved by the Licence Issuer
or individually wrapped shall be used in the sale of refreshments;
(d) ensure that all milk and any cold perishable foodstuffs sold from the Vehicle
shall be kept in dry storage at a temperature no higher than 5 degrees
Celsius and shall be sold only in individual, disposable containers;
(e) ensure that the Vehicle shall be equipped so as to maintain hot prepared
foods at a temperature of not less than 66 degrees Celsius and such foods
shall be kept so heated;
(f) ensure that that the Licensee's phone number is visibly displayed on both
sides of the Refreshment Vehicle; and
(g) ensure that all sandwiches, cakes, doughnuts, hot dogs, hamburgers, pies,
and other similar foods prepared at a commissary shall be wrapped and sold
33
in individual servings, and the date of preparation or expiry shall be clearly
and legibly marked as such on or affixed to the wrapper of all such foods.
21.
Where following an inspection under section 4 an Inspector does not approve a
Class A Refreshment Vehicle, the Owner shall remove and return to the Licence
Issuer the Owner's Plate and the Owner shall not operate the Vehicle until the
Owner obtains and produces to the Licence Issuer the appropriate approval from
the Inspector.
22.
No Person shall hinder or obstruct an Inspector conducting an inspection, or
withhold, destroy, conceal or refuse to furnish any information or thing required by
the Inspector for the purpose of the inspection.
23.
No Owner or Driver of a Class A Refreshment Vehicle shall permit or allow any
Person other than a licensed Driver employed by the Owner to drive the
Refreshment Vehicle.
24.
Every Class A Refreshment Vehicle shall:
(a) be of sufficiently sound construction to provide reasonable protection against
dust, dirt, flies, and other injurious matter or things;
(b) have a light-coloured interior, and shall be repainted or refinished as often as
the Licence Issuer may require; and
(c) have all surfaces covered with a suitable impervious material, free of holes,
cracks or crevices, and the surface thereof shall be readily washable and
shall be kept clean and in good condition.
PART VI - CLASS B REFRESHMENT VEHICLES
25.
All Drivers of Class B Refreshment Vehicles shall observe and obey the rules of
the road and ensure that their vehicles are operated in a safe manner.
26.
No Drivers of a Class B Refreshment Vehicle shall:
(a) stop on a highway to sell refreshments unless servicing a construction site or
work crew, and in no case shall the duration of such stop exceed 10 minutes; or
(b) operate in such a fashion which impedes the flow of vehicular traffic.
27.
Every Owner of a Class B Refreshment Vehicle shall ensure that:
(a) the Driver of such Vehicle is physically capable of handling the same under
all conditions;
(b) the registered business name of the Owner is displayed on both sides of the
Refreshment Vehicle or on another location as approved in advance by the
Licence Issuer in letters and numbers at least 18 centimetres in height and in a
colour that contrasts with the background colour so as to be plainly visible in its
entirety at all times;
(c) only single serving individually wrapped items are provided in dispensers
approved by the Licence Issuer; and
(d) a temperature no higher than -15 degrees Celsius is maintained in the
storage area.
28.
No Owner of a Class B Refreshment Vehicle shall:
(a) operate or allow a Vehicle to be operated unless the body of the Vehicle is of
sound construction so as to provide reasonable protection against dust, dirt,
insects and other injurious matters or things;
(b) operate or allow the Vehicle to be operated unless the storage shelves are
clean and covered with suitably hard material;
34
(c) operate or allow an individual to operate the Vehicle where the refreshments
are thawed or partially thawed or with products which have been refrozen; or
(d) allow more than 1 individual at any one time, to operate the Vehicle.
29.
Class B Refreshment Vehicles shall not operate before 8:00 AM or after 9:00 PM,
unless authorized by the City.
30.
Every Owner and Driver of a Class B Refreshment Vehicle shall submit the
Vehicle for inspection at any time and at an appointed place when requested by
the Licence Issuer.
31.
Where following an inspection under section 4 an Inspector does not approve a
Class B Refreshment Vehicle the Owner shall remove and return to the Licence
Issuer the Owner's Plate and the Owner shall not operate the Vehicle until the
Owner obtains and produces evidence to the Licence Issuer that approval by the
Inspector has been given.
32.
No Person shall obstruct an Inspector conducting an inspection, or withhold,
destroy, conceal or refuse to furnish any information or thing required by the
Inspector for the purpose of the inspection.
PART VII - CLASS C REFRESHMENT VEHICLES
33.
No Refreshment Vehicle Driver or Owner of a Class C Refreshment Vehicle shall:
(a) locate, or sell refreshments, on any property,
i. Which is not zoned as commercial or Industrial;
ii. Without the written permission of the property owner or occupant.
The permission letter shall be available for production upon request
and shall include:
a. Confirmation that the property owner has complied with
Section 7 of this schedule, and
(b) be located on any required landscaping or parking space, drive aisle, or
within any loading bay parking stall;
(c) obstruct a loading bay parking stall;
(d) park or permit the vehicle to park within a Visibility Triangle as outlined in
Appendix D;
(e) park or permit the vehicle or equipment related to the business to park
outside the Approved Area;
(f) operate or permit the vehicle to operate outside the Approved Area; and
(g) operate without Class C Refreshment Vehicle Licence
(h) operate or be located outside of an Authorized Area, approved by the
property owner of the site in which the Refreshment Vehicle is operating;
(i) stop, park, or operate within 5 meters of any other refreshment vehicle. If
there are three refreshment vehicles operating at the same location, once
there are any additional refreshment vehicles at that location in excess of the
three, shall maintain a 10-meter distance between them and the additional
refreshment vehicle(s)
(j) operate or be located within 50 metres of a Fixed Food Premise, as defined in
the Business Licensing By-law 332-2013 or its successor;
(k) operate in a manner that may cause potential adverse safety effects on
something or someone;
35
(l) operate in a manner that may affect the safety, visibility, or passage of the
public;
(m) operate in a manner that obstructs the visibility of motorists or pedestrians,
traffic sightlines or which obstructs or detracts from the visibility or
effectiveness of any traffic sign or control device including within a Visibility
Triangle as outlined in Appendix D;
(n) operate in contravention of another municipal by-law, including the Zoning By-
law, as amended, or any successor by-law.
34.
Every Owner of a Class C Refreshment Vehicle shall ensure that the registered
business name of the Refreshment Vehicle Owner is displayed on both sides of
the Refreshment Vehicle or on another location as approved in advance by the
Licence Issuer in letters and numbers at least 18 centimetres in height and in a
colour that contrasts with the background colour so as to be plainly visible in its
entirety at all times.
35.
Where a Refreshment Vehicle operates from a Refreshment Vehicle Trailer, the
Motor Vehicle used to transport the Refreshment Vehicle Trailer may be detached
from the trailer while the Refreshment Vehicle is actively engaged in business
operations.
36.
Where a Refreshment Vehicle remains on site when not actively engaged in
business operations, it shall comply with the Zoning By-law, as amended, or any
successor by-law.
37.
Every Owner and Driver of a Class C Refreshment Vehicle shall ensure that:
a. all condiments, shall be dispensed from containers approved by the Licence
Issuer;
b. only single-service disposable cups, plates, containers, forks, spoons and
serviettes provided in dispensers approved by the Licence Issuer or
individually wrapped shall be used in the sale of refreshments;
c. all milk and any cold perishable foodstuffs sold from the Vehicle shall be kept
in dry storage at a temperature no higher than 5 degrees Celsius and shall be
sold only in individual, disposable containers;
d. the Vehicle shall be equipped so as to maintain hot prepared foods at a
temperature of not less than 66 degrees Celsius and such foods shall be kept
so heated;
e. no prepared foods other than those kept in unopened cans shall be sold more
than 24 hours after their preparation;
f. when requested by the Licence Issuer, submit the Vehicle for inspection at
any time and at an appointed place;
g. no items or equipment related to the business (chairs, tables, tent, carts, etc.)
shall be stored or placed outside or near the Refreshment vehicle at any time;
h. keep the interior of the Vehicle clean, and in good repair;
i. a garbage receptacle is present at the service location and emptied out and
stored every night before closing;
j. clean up any debris, refuse or garbage resulting from the operation of the
Vehicle in the immediate vicinity of the serving location for the vehicle
ensuring that the area remains clean and tidy throughout the business day
and removed or discarded in appropriate garbage receptacles at end of
business day;
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k. the service area is not located in the driveway aisle and the customers are not
impeding any vehicular traffic;
l. obtain written permission by property owner to operate Vehicle on premises
and produce the permission upon demand by the licence issuer or designate
and
m. obtain Class C Refreshment Vehicle Licence prior to operating.
38.
Where following an inspection under section 4 an Inspector does not approve a
Class C Refreshment Vehicle, the Owner shall remove and return to the Licence
Issuer the Owner's Plate and the Owner shall not operate the Class C Refreshment
Vehicle until the Owner obtains and produces evidence to the Licence Issuer that
approval by the Inspector has been given.
39.
No Person shall obstruct an Inspector conducting an inspection, or withhold,
destroy, conceal or refuse to furnish any information or thing required by the
Inspector for the purpose of the inspection.
40.
Every Class C Refreshment Vehicle equipped with any high-pressured fuel source
shall also be equipped with a fire extinguisher having a minimum 2A/10BC rating
and shall be tagged confirming annual maintenance and required monthly checks.
PART VIII - CLASS D REFRESHMENT VEHICLES
41.
Every Class D Refreshment Vehicle Driver shall:
(a) keep the interior of the Vehicle clean, and in good repair;
(b) clean up any debris, refuse or garbage resulting from the operation of the
Vehicle in the immediate vicinity of the serving location for the Vehicle;
(c) make a complete safety tour around the Vehicle and check the mirror system
around the Vehicle before departing from any stop made for the purpose of
selling articles for sale; and
(d) refuse to serve any customer standing on a Highway.
42.
No Class D Refreshment Vehicle Driver shall:
i. stop on a highway to sell refreshments unless servicing a construction site or
work crew, and in no case shall the duration of such stop exceed 10 minutes;
ii. stop to sell refreshments on any property zoned residential;
iii. operate a Vehicle on private property without written permission of the
property Owner; or
iv. operate a Vehicle between the hours of 10:00 p.m. of one day and 10:00 a.m.
of the next day unless authorized by the City.
43.
Every Owner and Driver of a Class D Refreshment Vehicle shall ensure that:
i. the Vehicle has in a conspicuous place on the rear of the Vehicle in a
contrasting colour on the Vehicle the words "Watch for Children". Such letters
shall be no less than 15 cm in height;
ii. all condiments, are be dispensed from containers approved by the Licence
Issuer;
iii. only single-service disposable cups, plates, containers, forks, spoons and
serviettes provided in dispensers approved by the Licence Issuer or individually
wrapped shall be used in the sale of refreshments;
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iv. all milk and any cold perishable foodstuffs sold from the vehicle shall be kept in
dry storage at a temperature no higher than 5 degrees Celsius and shall be
sold only in individual, disposable containers;
v. no prepared foods other than those kept in unopened cans shall be sold more
than 24 hours after their preparation;
vi. two amber lights are attached at the top or near the highest point of the Vehicle
and must be at least visible by a Person 1.52 metres in height at a distance of
not more than 1.2 metres in front of or behind the Vehicle, and the Vehicle shall
be equipped with a mechanical device causing such amber lights to flash
alternately at all times when the Vehicle is stopped to sell articles for sale and
such device shall be so operated at all such times;
vii. a cover is attached over each of its bumpers which shall be on a curve or angle
to prevent a Person from standing, stepping on or hanging from the bumpers;
viii. the Vehicle is equipped with a "Mirror System" which makes it possible for the
Driver to complete a 360 degree visual inspection of the area around the
Vehicle;
ix. the body, doors and windows of the Vehicle are of sufficient sound construction
to provide reasonable protection against dust, dirt, flies and other injurious
matter or things;
x. the Vehicle has a floor made of a suitable impervious material, free of holes,
cracks or crevices, and the surface thereof shall be readily washable and shall
be kept clean and in good condition;
xi. the Vehicle has storage shelves painted or consisting of a suitable impervious
material;
xii. all parts and equipment are maintained in a clean and sanitary condition and in
good repair;
xiii. a storage area for hard ice cream and related products is maintained at a
temperature no higher than -15 degrees Celsius and equipped with an accurate
thermometer;
xiv. hard ice cream and related products are maintained in a hard condition in the
Vehicle at all times and no thawed, or partially thawed products shall be
refrozen, stored or sold from the Vehicle; and
xv. there is adequate insulation to prevent fumes from the engine or engines from
reaching the vending and dispensing section of the Vehicle.
44.
Where following an inspection under section 4 an Inspector does not approve a
Class D Refreshment Vehicle the Owner shall remove and return to the Licence
Issuer the Owner's Plate and the Owner shall not operate Vehicle until the Owner
obtains and produces evidence to the Licence Issuer that approval by the Inspector
has been given.
45.
No Person shall obstruct an Officer or Inspector conducting an inspection, or
withhold, destroy, conceal or refuse to furnish any information or thing required by
the Inspector for the purpose of the inspection.
46.
No Class D Refreshment Vehicle Owner or Driver shall operate or permit the
vehicle to be operated unless all of the following equipment is present on or in the
Vehicle and is in a good state of repair:
i. a portable litter basket which shall be carried inside the Vehicle while in motion
and shall be suspended from the outside of the Vehicle in such a position so as
to be easily accessible by Persons making purchases while the Vehicle is
stopped for the purpose of Selling Articles for Sale;
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ii. two sinks of adequate size and non-corrodible material equipped with hot
running water;
iii. a tank to receive sink wastes;
iv. a refrigerated cabinet for storage of ice cream mix and other milk products
which cabinet shall be maintained at a temperature no higher than 5 degrees
Celsius and shall be equipped with an accurate, indicating thermometer;
v. storage for dry products, sundae toppings, and syrups, which storage shall be
easily cleanable and where necessary of a type readily dismantled for cleaning;
vi. all dispensing equipment, whether for dry cones, single service be emptied and
sterilized each night;
vii. mechanical air-conditioning in the vending and dispensing part of the Vehicle;
viii. screens or other devices to ensure adequate protection against flies and dust;
and
ix. a diesel generator for the refrigeration system of the Vehicle.
47.
Every Owner of a Class D Refreshment Vehicle shall equip the Vehicle with a
device that issues an audible warning when the Vehicle is placed in reverse gear.
48.
No person shall disconnect or disable the device required in Section 47.
49.
No person shall drive a Class D Refreshment Vehicle that is not equipped with the
device required in Section 47.
50.
No Owner or Driver of a Class D Refreshment Vehicle shall permit or allow any
Person other than a licensed Driver employed by the Owner to drive the Vehicle.
51.
Notwithstanding any other provision in this By-law, a Class D Refreshment Vehicle
may sell soft or hand ice cream in a public park subject to the following:
i. that the Licensee has entered into a signed agreement with the City of
Brampton;
ii. that the site specific location from which the Vehicle is permitted to sell be
approved by the Chief Public Services Officer, or his or her delegate and form
part of the agreement with the City of Brampton;
iii. that the hours of operation form part of the agreement with the City of
Brampton; and
iv. no Driver shall sell or offer for sale refreshments in contravention of the signed
agreement with the City of Brampton.
PART IX - SPECIAL EVENT LICENCES
52.
Where a Refreshment Vehicle or a Tent is required to be used at a Special Event,
the Owner shall obtain a Special Event Licence and;
i. The driver or operator of the Refreshment Vehicle or Tent must have a valid
operator licence from the City or Brampton or another municipality where part of
the licence application includes a level 2 Criminal Record Check that complies
with the municipality's threshold policy.
53.
The provisions of Section 52 do not apply to a Refreshment Vehicle Owner or
Driver who hold a valid and current Refreshment Vehicle Owner or Driver Licence
issued by the City.
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54.
Notwithstanding the provisions of this schedule, refreshment vehicles that are
operating at a special event as defined, shall be exempt from restrictions:
a. not stop any Refreshment Vehicle to sell refreshments within 100 metres of
the entrance or exit to any school grounds, public park, or intersection, or
within 30 metres of any school ground, or public park;
b. not stop, park, or operate any Refreshment Vehicle within 50 meters of a
Fixed Food Premise as defined in the Business Licensing By-law 332-2013 or
its successor;
c. not stop, park, or operate within 5 meters of any other refreshment vehicle. If
there are three refreshment vehicles operating at the same location, once
there are any additional refreshment vehicles at that location in excess of the
three, shall maintain a 10 meter distance between them and the additional
refreshment vehicle(s)
54.1
Notwithstanding sections 11 and 52 By-law 101-2025, the driver or operator of
a Refreshment Vehicle, Tent or Vendor at a Special Event do not require a
Level 2 Criminal Record Check. Section 54.1 of By-law 101-2025 expires at
midnight on December 31, 2025. (By-law 142-2025)
55.
A Licence may be issued in conjunction with a Special Event; provided all relevant
criteria of this By-law are met.
i. An Applicant for a Licence issued in conjunction with a Special Event shall file
with the Licence Issuer a letter from the Special Event Organizer confirming
that the Refreshment Vehicle or tent will operate in conjunction with the Special
Event, and indicating where and when the Special Event will occur.
ii. A Licence issued in conjunction with a Special Event is valid only for the
duration of the Special Event, and where the Special Event occurs periodically
throughout the year, the Licence is valid only on those periodic occasions.
iii. A person who holds a Licence with respect to a Special Event may sell
refreshments on the property on which the Special Event occurs.
iv. If a special event permit application is for a tent, the applicant must obtain
permission from the Zoning department and approved by Brampton Fire, prior
to obtaining a special event permit.
v. Prior to the issuance of the special event permit to a tent, every applicant shall
furnish to the Licence Issuer the source of the supply for the refreshments to be
sold from the tent.
vi. All hot refreshments apportioned at the special event, which are served from a
tent, must be prepared and provided from the source of the supply provided in
the application.
PART X - PROHIBITIONS
56.
No Person shall conduct business of being a Refreshment Vehicle Driver when
non-compliant with a provision of the By-Law or this schedule.
57.
No Person shall conduct business of being a Refreshment Vehicle Owner when
non-compliant with a provision of the By-Law or this schedule.
58.
Every non-compliance of the provision of this By-law shall be deemed as a
separate offence.
PART XI - TRANSITION
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59.
(1)
Licences issued pursuant to By-law 67-2014 that are in effect as of the date
of passage of this By-law shall remain valid for the 45 days immediately following.
(2)
Upon the expiry of the 45-day period, the terms of the Licence that are
non-compliant with this By-law shall become null and void and the terms of this
By-law shall take effect.
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SCHEDULE 4 - Mobile Licensing By-law
Relating to Persons who carry on the Business of Taxicab Owners
and Drivers and Taxicab Brokers
PART I - DEFINITIONS
1. For the purposes of this Schedule:
"Accessible Taxicab" means an Accessible Motor Vehicle that provides dedicated
service for the transportation of disabled Passengers and/or goods for hire or reward;
"Accessible Taxicab Plate" means a metal number Plate issued to a Person licensed as
a Plate Owner with respect to an Accessible Motor Vehicle;
"Accessible Motor Vehicle" means a Motor Vehicle originally constructed or
subsequently modified to permit the loading, transportation and off-loading without
Transfer of Persons confined to a wheelchair or other similar device used to assist the
Disabled, and which Motor Vehicles comply with all relevant provincial legislation;
"Airport Permitted Taxicabs" means those Taxicabs operating under a concession
agreement at Toronto Pearson International Airport;
"Ambassador Taxicab" means a taxicab that has an ambassador class licence. It must
be operated by the person who holds the ambassador licence. No other drivers are
allowed to operate the Vehicle, and the Vehicle cannot be on the road more than 12
hours per day;
"Conditional Licence Renewal - No Vehicle" means a Licence issued in accordance
with Part XXVIII of this By-law.
"Broker" means any Person who carries on the business of accepting calls and
dispatching Taxicabs including those belonging to the Broker;
"Disabled" means a person who requires the use of an Accessible Taxicab or an
Accessible Motor Vehicle that is licensed as a Taxicab for transportation;
"Dispatch" means the communication given in any manner of an order or information in
any manner to a Driver;
"Dispatcher" any Person who is employed by a licensed Broker and Dispatches
Taxicabs for a brokerage;
"Driver" means any person who drives an Accessible Taxicab or a Taxicab;
"Fare" means the amount displayed on the Taxicab Meter at the conclusion of a Trip, or
the flat rate allowed pursuant to this By-law for the Trip, together with any additional
charges allowed pursuant to this By-law;
"Lease" means any contract, agreement, understanding or other arrangement whereby
a Plate Owner permits another Person to manage, operate, control, have custody of, or
otherwise employ his or her Taxicab Plate, and "to Lease a Plate" includes the act of
any Plate Owner entering into or becoming a party to such a contract, agreement,
understanding or other arrangement. Without limiting the generality of this paragraph,
Lease includes a power of attorney, management contract, "cash-in" agreement, and
any other arrangement or agreement whereby any Person other than a Plate Owner or
designated custodian is allowed to exercise or does exercise any of the rights set out in
this definition;
"Lessee" means, when used in reference to a Taxicab Plate or to a Lease of a Taxicab
Plate, any Person who enters into or is a party to a Lease with a Taxicab Owner;
"Lessor" means, when used in reference to a Taxicab Plate or to the Lease of a Taxicab
Plate, a Plate Owner who enters into or is a party to a Lease of his or her Taxicab Plate;
"Meter" means a measuring device used in a Taxicab to calculate the Fare payable for
the Trip, including an electronic device which uses an application for this purpose;
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"Office Manager" refers to any Person who is employed by a licensed Broker who
operates, manages, runs or controls the Taxicab brokerage;
"Plate Owner" means the Owner of a Taxicab Plate or Accessible Taxicab Plate and
includes any Lessee of that Plate;
"Priority List" means a list of Applicants for a Plate Owner's Licence which is maintained
by the Licence Issuer;
"Tariff Card" means a card, issued by the City of Brampton showing the rates, as
approved by Council;
"Taxicab" means a Motor Vehicle used for the transport of goods and/or Passengers for
hire or reward with a minimum of 4 Passenger doors and includes an Accessible Motor
Vehicle;
"Taxicab Stand" or "Stand" means an area designated by the property owner and
approved by the Licence Issuer to be used by a Taxicab while waiting for or picking up
goods or Passengers;
"Transfer" means an arrangement between a Plate Owner and another, whereby the
Plate Owner permanently assigns all interest in the Plate to the other;
"Trip" means the distance and time travelled or the distance and time to be travelled,
measured from the time and point at which the Passenger first enters the Taxicab to the
point at which the Passenger finally leaves the Taxicab;
"Trip Record" means a daily written or electronic record of the details of each Trip; and
"Unlicensed Motor Vehicle" means a Motor Vehicle that is not licensed by the City of
Brampton.
PART II - GENERAL
2. No corporation may be licensed as a Driver pursuant to this By-law.
3. A replacement Plate may be issued to replace a Plate if the Owner satisfactorily
accounts for the circumstances of loss of the original Plate to the Licence Issuer and
pays the cost of a replacement Plate.
PART III - SPECIAL REQUIREMENTS REGARDING ACCESSIBLE TAXICABS
4. The total number of Accessible Taxicab Plates shall be limited to 12 unless
otherwise determined by Council.
5. Every Accessible Taxicab shall be affiliated with a Taxicab Brokerage.
6. An Accessible Taxicab Plate may be Transferred in accordance with the provisions
of Part XI of this Schedule, the provisions of which apply to such a Transfer.
7. Every Accessible Taxicab Driver, Owner and Lessee is subject to the provisions of
this By-law and Schedule, unless these conflict with the specific provisions of the
Accessible Taxicab sections, in which case the specific provisions of the Accessible
Taxicab sections shall prevail.
8. Every Driver of an Accessible Taxicab shall:
(a) Be a Driver;
(b) Submit proof of successful completion of a training program dealing with
transportation of the disabled as approved by the Licence Issuer; and
(c) Produce to the Licence Issuer their Taxicab Driver Licence for endorsement as a
Licensed Accessible Taxicab Driver by the Licence Issuer.
(d) Every Driver of an Accessible Taxicab shall securely fasten all wheelchairs so
that they are prevented from moving when in motion.
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PART IV - DRIVERS
9. Every Driver shall:
(a) before operating a Taxicab or Accessible Taxicab examine the Motor Vehicle for
mechanical defects, and interior and exterior damage to the Motor Vehicle, and
report forthwith any defects found to the Owner of the Taxicab or Accessible
Taxicab and the Broker;
(b) each day upon completion of the operation of a Taxicab or Accessible Taxicab,
return the Motor Vehicle to the Driver's employer and examine the Motor Vehicle
as provided above and report all defects in the Motor Vehicle and all collisions to
the Taxicab or Accessible Taxicab Owner and the Broker;
(c) carry the Taxicab Drivers Licence issued under this By-law and the driver's
licence issued under the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended,
with them at all times when operating a licensed Motor Vehicle;
(d) maintain good grooming, and proper hygiene;
(e) behave courteously;
(f) provide Passengers with a receipt showing the Driver's name, Licence number
and an identifying number for the Taxicab or Accessible Taxicab whenever
requested or whenever there is a dispute over the Fare;
(g) display the Driver's photograph card in the holder provided;
(h) take the shortest possible route to the destination desired by the Passenger,
unless the Passenger designates otherwise;
(i) serve the first Person requiring the service of the Taxicab or Accessible Taxicab
and take the Passenger to any place within the City of Brampton, at any time of
the day or night;
(j) punctually keep all appointments, and shall not make any new appointment if a
previous engagement would prevent the fulfilling of the new appointment;
(k) immediately engage the Meter when a Passenger first enters the Taxicab or
Accessible Taxicab, which Meter shall remain engaged throughout the Trip
except where the destination of a Trip extends beyond the boundaries of the City
of Brampton, in which case the driver may offer a flat rate agreement before the
Trip to the Passenger and where the Passenger and Driver agree the Meter must
be engaged while the Taxicab or Accessible Taxicab is within the City of
Brampton;
(l) at the conclusion of a Trip, charge only the Fare shown on the Meter, which shall
be brought to the Passenger's attention when in the hold position, except that
between the hours of 8:00 pm and 6:00 am the Driver may require a deposit not
exceeding $20.00 or the estimated cost of the Trip which-ever is less; and
(m)Subsections 9. (k) and 9. (l) do not apply to Airport Permitted Taxicabs when the
Trip originates from the Arrivals areas of Toronto Pearson International Airport or
is going to the Departure areas of Toronto Pearson International Airport. The
Greater Toronto Airport Authority current flat rates shall apply.
10.When a Driver uses a Taxicab or Accessible Taxicab for transportation of
Passengers or goods not for hire or reward, the Driver must:
a) remove the roof sign from the Taxicab or Accessible Taxicab; and
b) put the Meter in a non-recording mode.
11.No Driver shall:
a) drive an Unlicensed Motor Vehicle;
b) carry in the Taxicab or Accessible Taxicab a greater number of Passengers than
set out in the manufacturers rating of seating for the Taxicab or Accessible
Taxicab;
c) drive a Taxicab or Accessible Taxicab with luggage or any object placed in, hung
on, or attached to the Taxicab or Accessible Taxicab in such a manner as may
obstruct the Driver's view of the highway;
d) take, consume or have in his or her possession any alcohol, drugs or intoxicants
while in charge of a Taxicab or Accessible Taxicab;
e) take on any additional Passenger(s) except with permission of the Passenger(s)
already in the Taxicab or Accessible Taxicab;
f) induce any Person to engage the Taxicab or Accessible Taxicab by any
misleading or deceiving statement or representation about the location or
distance to any destination;
44
g) publish or use any tariff other than the tariff which has been authorized by this
By-law;
h) recover or receive any Fare or charge from any Passenger or Person who has
demanded their services which is greater or lesser than the Fare or charge
authorized by this By-law except for a tip, gratuity or credit card service charge;
i) recover or receive any Fare or charge from any Passenger who has not been
shown the Tariff Card;
j) make any charge under this By-law for time lost through defects or inefficiency of
the Taxicab or Accessible Taxicab or the incompetence of the Driver;
k) make any charge for the time elapsed due to early arrival of the Taxicab or
Accessible Taxicab in response to a call to arrive at a fixed time;
l) wash a Taxicab or Accessible Taxicab at a public place;
m) make repairs to a Taxicab or Accessible Taxicab which is in a public place,
unless such repairs are immediately necessary;
n) be required to accept a Fare where a Person is disorderly, refuses to give his or
her destination or refuses to pay any deposit as required by this By-law;
o) refuse to serve a Person with a service animal, except where the Driver has an
allergy, and has filed with the Licence Issuer a certificate from a doctor evidencing
that due to the allergy the Driver is unable to provide service to a Passenger with
a service animal and When the Driver in unable to service a Person for this reason
the Driver shall make proper arrangements for service before proceeding to their
next engagement;
p) be required to accept an order from a Person who owes a previous Fare or
service;
q) obstruct or interfere with the traffic pattern at a public place; or
r) Smoke or vape or permit anyone to smoke or vape in the Taxicab or Accessible
Taxicab.
PART V - PLATE OWNERS
10. Every Taxicab or Accessible Taxicab Owner shall:
(a) employ or use only the services of licensed Drivers;
(b) submit the Taxicab or Accessible Taxicab for inspection and approval by the
Licence Issuer when Transferring a current Plate to a new Motor Vehicle; and
(c) ensure that any Plate issued under this By-law is affixed to the Taxicab or
Accessible Taxicab in a manner and location approved by the Licence Issuer;
11. No Taxicab or Accessible Taxicab Owner shall:
(a) use a cancelled Plate; or operate a Taxicab or Accessible Taxicab without a
Plate or with an illegible Plate.
PART VI - DRIVERS AND PLATE OWNERS
12. No Person shall operate or permit to be operated any Taxicab or Accessible
Taxicab that is not in good mechanical condition.
13. Every Driver shall keep at all times the original or a photocopy of the current
Plate Owner's Licence in the Taxicab or Accessible Taxicab to which it pertains.
14. No Person licensed to drive a Taxicab or Accessible Taxicab shall drive more
than an average of 12 hours per day calculated over any 7 day period.
15. Any Person with a Taxicab Driver's Licence shall immediately report any
suspension of their Ontario driver's licence to the Licence Issuer.
16. No Person shall be permitted to have exclusive rights to or enter or become a
party to any exclusive concession agreement for any Taxicab Stand in the City.
PART VII - DESIGNATED AGENT/MANAGER
17. (1) No Person shall act as an agent for a Plate Owner in respect of a Taxicab or
Accessible Taxicab except as permitted by this section.
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(2) A Taxicab or Accessible Taxicab Owner may designate as an agent to
operate the Plate on the Plate Owner's behalf, any Person who is a licensed
Driver, Plate Owner or Broker.
A notice of designated agent shall include:
(a) the full name of the Taxicab or Accessible Taxicab Owner;
(b) the number of the Licence and Plate(s) for the Taxicab or Accessible Taxicab
to which such designation relates;
(c) the term for which the Person designated therein is granted authority by the
Plate Owner in respect of the Taxicab or Accessible Taxicab; and
(d) the terms of the agency agreement, including any consideration paid,
therefore.
(e) If the authority of an agent designated under this section terminates before
the end of the term set out in the notice of designated agent, the Taxicab or
Accessible Taxicab Owner shall forthwith file a written notice thereof with the
Licence Issuer, and for the purposes of this By-law, the obligations and
requirements applicable to such authorized agent shall cease upon the filing
of such notice.
(f) The designation of an agent by a Taxicab or Accessible Taxicab Owner
pursuant to this section shall not be deemed to be a Lease for the purposes
of this By-law unless the agent operates the Taxicab or Accessible Taxicab,
in which case the provisions of this By-law shall apply.
PART VIII - LEASE OF PLATE
18. Except as provided for in this Part, no Taxicab or Accessible Taxicab Owner shall
Lease his or her Taxicab
19. Every Lessee must meet all requirements of this By-law pertaining to Plate
Owners and must provide the Licence Issuer with any documents required by
this By-law.
20. A Plate Owner or his or her designated agent may Lease his or her Taxicab,
Accessible Taxicab, provided that:
(a) if the Lessee is a corporation all the corporate requirements under this By-
law are met;
(b) the Motor Vehicle to be Plated is submitted for inspection and meets the
requirements of this By-law and the Plate issued to such Plate Owner,
affixed to the Taxicab or Accessible Taxicab, is included in the subject-
matter of the Lease, and remains affixed thereto throughout the term of
the Lease;
(c) the Lease provides that it may be terminated by either party on giving the
other party an agreed upon period of time in writing to the termination
date;
(d) the Lease is reduced to writing and signed by the parties thereto; and
(e) a written Lease is filed with the Licence Issuer on the first day upon which
it comes into effect, or the day upon which the exercise of any rights or
obligations pursuant thereto, takes place or becomes effective, whichever
occurs first.
21. The written Lease may be in a form approved by Licence Issuer, or may be in
any form agreed to by the parties thereto, provided that it complies with this By-
law, and discloses and gives full particulars of:
(a) the date of its execution;
(b) the names of the parties thereto; its effective date;
(c) its termination date;
(d) full particulars of the consideration given by each party to the Lease, including
the amount of the leasing fee or rental and a breakdown of all other amounts
to be paid by the Lessee to the Lessor arising out of the Lease, together with
46
a list of all services, rights or other consideration given to the Lessee by the
Lessor in return therefor; and
(e) full particulars as to the responsibility of the parties for the maintenance,
repairs, gas and oil for the Taxicab or Accessible Taxicab, and any
requirements as to where and how any such repairs or purchases are to be
made and as to payment therefor.
22. Every Owner shall notify the Licence Issuer in writing of the expiration or other
sooner termination of any Lease to which he or she they are is a party, or of any
change in custody and control over his or her Plate, forthwith after the expiration
or cancellation of the Lease, or the change, has occurred. Such notice shall
include any notice of designation or new Lease entered into by the Plate Owner
with respect to his or her Plate, and a statement as to the identity of the party
having custody and control over the Plate at that time, and of any person
managing or operating the Plate.
PART IX - BROKERS
23. Every Broker shall:
(a) maintain a permanent business office within the City of Brampton;
(b) require all Plate Owners, Lessees and Drivers who have entered into
arrangements with the Broker for the provisions of brokerage services to use
a design of roof sign approved by the Licence Issuer;
(c) provide the Licence Issuer with a list of all Plate Owners to whom the Broker
Dispatches or with whom the Broker has entered into any arrangement for
services. Such list shall include every Taxicab and Accessible Taxicab to
whom the Broker Dispatches and shall identify all Motor Vehicle Plate
numbers;
(d) notify the Licence Issuer, in writing, within 3 days of any additions to or
deletions from the list provided above;
(e) provide the Licence Issuer with the number of completed Dispatched Trips for
the previous year by March 1st of the following year;
(f) not accept calls for, or in any way Dispatch or direct calls to Unlicensed Motor
Vehicles;
(g) not accept calls for, or in any way Dispatch or direct calls to a Taxicab or
Accessible Taxicabs where the activity would be an illegal or an unlawful act;
(h) supply the Licence Issuer with a copy of the Broker's Federal Radio Licence
"call" sign and frequency number;
(i) inform customers of the approximate time of day where delay is anticipated
before accepting the order;
(j) dispatch only to licensed Drivers;
(k) when Dispatching to Accessible Taxicabs, keep accurate records of the
number of Trips each has made for Disabled and non-Disabled Passengers
which shall be available for inspection by the Licence Issuer on a monthly
basis;
(l) ensure that where one or more Accessible Taxicabs are affiliated with the
Broker, there is a least one Accessible Taxicab available to service an order
for a Disabled Passenger anytime day or night;
(m)where service requested is of a type which would require an Accessible
Taxicab and the Broker is unable to provide such service, direct the Person
requesting such service to a Broker that can provide such service;
(n) where the Broker provides Accessible Taxicabs and such service is
requested by a Disabled Person, provide priority service for such request; and
(o) ensure prompt and courteous service to the public.
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24. No Broker shall be compelled to accept an order from a Person who has not
made payment for any previous Trip.
PART X - PLATE OWNER OR LESSEE TERMINATION WITH BROKER
25. Where a Plate Owner ceases to operate through a Broker, the Plate Owner shall
forthwith:
(a) remove from the Taxicab or Accessible Taxicab:
(i) the roof sign, telephone number;
(ii) colour scheme, any decals or other Broker markings; and
(iii) the radio frequency for the Broker they have ceased to operate
through and they shall provide proof of this action to the Licence
Issuer;
(b) return all business cards and other equipment belonging to the Broker; and
(c) erase any Brokerage data from any mobile data terminal (MDT) or return the
MDT to the Brokerage.
PART XI - TRANSFER
26. No Plate shall be Transferred except with the written consent of the Licence
Issuer.
27. Every Owner who Transfers their Licence shall:
(a) complete and file a declaration, in the form provided by the Licence Issuer;
(b) provide to the Licence Issuer a fully executed copy of the complete Transfer
agreement with respect to the Plate being Transferred; and
(c) return to the Licence Issuer the Owner's Licence and Plate which are being
Transferred.
28. No Licence may be Transferred to any Person who does not meet all other
relevant requirements of this By-law.
PART XIII - DISPOSAL OF TAXICAB OR ACCESSIBLE TAXICAB
29. (1) Where the Plate Owner ceases to Operate a Taxicab or Accessible Taxicab,
it must be converted to a Motor Vehicle without Taxicab or Accessible Taxicab
identification by removing:
(a) the roof sign with indicator light;
(b) the Meter;
(c) all identifying decals or markings;
(d) fender numbers; and
(e) any other markings, which would identify the Motor Vehicle as a Taxicab
or Accessible Taxicab.
(2)
Where a Motor Vehicle ceases to be operated as a Taxicab or Accessible
Taxicab, the Plate Owner shall immediately notify the Licence Issuer.
PART XIV - TAXICAB STANDS
30. Every Driver shall:
(a) enter only at the end of the line when entering a line of Taxicab or
Accessible Taxicabs at a Stand;
(b) direct the Person to the first Taxicab or Accessible Taxicab in line if a
Person enters a Taxicab or Accessible Taxicab which is not the first
Taxicab or Accessible Taxicab in line at the Stand;
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(c) stay sufficiently close to the Taxicab or Accessible Taxicab in line at a
Stand to have it under constant observation; and
(d) when next in line at a Stand, advance his or her Taxicab or Accessible
Taxicab when a vacancy occurs at the Stand.
31. No Driver shall:
(a) wash a Taxicab or Accessible Taxicab at a Stand;
(b) make repairs to a Taxicab or Accessible Taxicab, which is in line at a
Stand, unless such repairs are immediately necessary;
(c) allow a Taxicab or Accessible Taxicab to push or bump any other Taxicab
or Accessible Taxicab;
(d) Pick up any Passenger within 200 metres of a Stand when there is a
Taxicab or Accessible Taxicab at the Stand, unless the Driver has
previously arranged to pick up the Passenger at that location; or
(e) Obstruct or interfere with the traffic pattern at a Taxicab Stand.
PART XV - MOTOR VEHICLE MARKINGS, EQUIPMENT AND MAINTENANCE
(Amended by By-law 230-2016)
32. (1) Each of the following is mandatory equipment for any Taxicab or Accessible
Taxicab:
(a) if the Taxicab is not an Accessible Taxicab, a roof sign with indicator light
in a mode of operation approved by the Licence Issuer;
(b) if the Driver of the Taxicab or Accessible Taxicab is affiliated with a
Broker, the Broker's name on the roof sign;
(c) if the Driver of the Taxicab or Accessible Taxicab is not affiliated with a
Broker, the roof sign must indicate that the Motor Vehicle is a Taxicab or
Accessible Taxicab, and be approved by the Licence Issuer;
(d) the Plate number affixed to the front fenders or a location approved by the
licence issuer. The numbers shall be six inches in height, either black or
white in colour.
(e) a Meter;
(f) equipment to permit the Driver to accept major credit card or debit card
payments;
(g) if the Taxicab or Accessible Taxicab is powered by propane or natural
gas, a valid sticker or certificate affixed to the windshield and in plain view;
(h) no smoking signs;
(i) 2 decals approved by the Licence Issuer stating that photographic images
of Passengers in the Taxicab or Accessible Taxicab are being recorded;
(j) identical wheel coverings and or wheel design; and
(k) an operable air conditioning and heating system
(2) No Driver shall drive or permit to be driven any Taxicab or Accessible Taxicab
without the mandatory equipment set out in Section 32(1) or with equipment
that is not in good working order.
(3) Where the Licence Issuer believes a licensed Taxicab or Accessible Taxicab
may be mechanically defective or unsafe, the Licence Issuer may require the
Plate Owner or Driver to submit the Taxicab or Accessible Taxicab for
inspection by the Licence Issuer, or for examination by a qualified mechanic, or
the Licence Issuer may remove the Plate and require the Owner or Driver to
submit the Motor Vehicle forthwith for examination by a mechanic.
(4) If the Licence Issuer is not satisfied with an inspection, he or she they may
require the Taxicab or Accessible Taxicab to be re-examined by a mechanic of
the Licence Issuer's choice.
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(5) No person shall drive or permit to be driven a Taxicab or Accessible Taxicab
with after-market tint or window marking that is not approved by the Licence
Issuer.
(6) The licensed Taxicab or Accessible Taxicab must have useable trunk capacity
such that the Motor Vehicle can accommodate a wheelchair, walker or similar
device used to aid the Disabled.
(7) No Motor Vehicle shall be initially licensed under this By-law as a Taxicab or
Accessible Taxicab unless the model year of the Motor Vehicle is not older than
seven (7) model years. In determining the age of the Motor Vehicle:
a) the model year shall be considered zero;
b) the Vehicle will be deemed to age one year on the first day of the month
following the expiry date as outlined in Appendix B;
Example: In the year 2021, a Motor Vehicle with a model year of 2020 is 1 year
old. After the 2028 renewal date, the Vehicle will no longer be permitted to be
used.
Example: If the annual renewal date is February, as of March 1 the Vehicle will
be deemed to be one year older.
33. (1) A Plate Owner may apply for an extension of up to four (4) years on the
model year for a Motor Vehicle licensed under this By-law as a Taxicab provided
the appropriate fee is paid, the Taxicab meets all of the Motor Vehicle marking,
equipment and maintenance provisions of this By-law, and the Motor Vehicle
successfully completes all inspections as required by the Licence Issuer.
(2) A Plate Owner may apply for an extension of up to 4 years on the model year
for a Motor Vehicle licensed under this By-law as an Accessible Taxicab provided
the appropriate fee is paid, the Accessible Taxicab meets all of the Motor Vehicle
marking, equipment and maintenance provisions of this By-law, and the Motor
Vehicle successfully completes all inspections as required by the Licence Issuer.
(3) No Person who operates a Taxicab or Accessible Taxicab shall display any
emblem, decal, advertisement or other markings on or in the Taxicab or
Accessible Taxicab which has not been approved as to form and location by the
Licence Issuer.
PART XVI - TAXICAB METER
34. (1) Following are the rules to be applied to the Meter referred to in subsection
32(1)(e):
(a) the Meter shall be submitted for testing, inspection and sealing where
applicable as required by the Licence Issuer;
(b) the Meter shall be illuminated between sunset and sunrise;
(c) the Meter shall be in a raised position, in plain view of the Passengers,
and approved by the Licence Issuer;
(d) the Meter shall be adjusted in accordance with the rates prescribed in
Appendix G;
(e) the Meter shall be tested by running the Taxicab or Accessible Taxicab to
which it is attached over a measured track or distance before being
sealed, or by such mechanical means as the Licence Issuer may approve;
(f) the Meter shall be kept in good working condition at all times and not used
when defective in any way;
(g) the Meter shall be of a make and model approved by the Licence Issuer;
and
(2) No Person shall drive or permit a Taxicab or Accessible Taxicab to be driven
for a Fare when any of the rules in section 34(1) are not complied with.
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PART XVII - TARIFF CARD AND TRIP RECORDS
35. (1) Every Plate Owner or Lessee shall obtain from the Licence Issuer a Tariff
Card that shall be displayed in the Taxicab or Accessible Taxicab in a
conspicuous place clearly visible to the Passenger(s).
(2) Every Driver shall ensure the Tariff Card is displayed in the Taxicab or
Accessible Taxicab in a conspicuous place clearly visible to the Passenger(s).
36. The Tariff will be reviewed each year and any changes to the Tariff will come into
effect with the Owner's Licence renewal.
37. (1) Every Driver shall keep a Trip Record and such record shall be completed
prior to the commencement of the next following Trip and shall include the
following:
(a) the Ontario Motor Vehicle permit number and the City of Brampton
Taxicab or Accessible Taxicab number of the Motor Vehicle used;
(b) the name and identification number of the Driver;
(c) the date, time and location of the beginning and end of each Trip; and
(d) the amount of the Fare collected for each Trip.
(2) A Driver shall not obstruct traffic while writing up the Trip Record.
(3) Every Driver shall retain for a period of at least 3 years, all Trip Records and
shall make these records available for inspection by the Licence Issuer.
PART XVIII - MOTOR VEHICLE INSPECTIONS
38. (1) No Plate Owner shall operate or permit to be operated any unlicensed Motor
Vehicle.
(2) If the Licence Issuer or Inspector suspects that a Motor Vehicle is or may
cause a danger to the health or safety of any Person or property, the Licence
Issuer or Inspector shall advise the Plate Owner or Driver in control of the Motor
Vehicle and they shall immediately submit the Motor Vehicle for inspection to the
Licence Issuer.
(3) A Motor Vehicle that the Licence Issuer or Inspector has requested be
inspected or is submitted to the Licence Issuer under subsection 40. (2) shall not
be operated or permitted to be operated until it has passed the inspection.
(4) The Licence Issuer may immediately suspend the Licence of a Person who
fails to comply with Sections 38(1), 38(2) or 38(3).
39. (1) Every Person who Operates or permits to be Operated a Motor Vehicle
licensed under this By-law shall submit the Motor Vehicle for inspection as
directed by the Licence Issuer.
(2) It is an offence for a Owner of a Motor Vehicle that is intended to be or is
being used as a Taxicab or Accessible Taxicab to fail to submit such Motor
Vehicle for inspection after being directed to do so by the Licence Issuer.
40. It is the responsibility of every Plate Owner and Driver of any Taxicab or
Accessible Taxicab licensed under this By-law to ensure that the Taxicab or
Accessible Taxicab is:
(a) clean;
(b) free of any mechanical defects;
(c) in good repair as to its interior and exterior portions; and
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(d) free from exterior body damage and has a well maintained exterior
paint finish and trim.
PART XIX - PLACEMENT ON THE PRIORITY LIST
41. The Licence Issuer shall not accept any new Applications for a Taxicab or
Accessible Taxicab Owner's Plate from any Person not on the Priority List, nor
shall any new names be added to the Priority List
42. Any Person who Transfers an Owner's Plate shall relinquish their present
position on the Priority List
PART XX - STAYING ON THE PRIORITY LIST
43. (1) In order to remain on the Priority List, a Person must pay the appropriate fee.
(2) Any Person on the Priority List who fails to pay the appropriate annual fee
shall be removed from the Priority List.
PART XXI - INSPECTION OF PRIORITY LIST
44. The Priority List shall be available for inspection during business hours, at the
office of the Licence Issuer.
PART XXII - REVIEW OF THE PRIORITY LIST
45. The Licence Issuer will review the Priority List at quarterly intervals , to determine
that the listed Persons are in compliance with the provisions of this Schedule and
any Person whose name is on the list who fails to comply with the provisions for
this Schedule, shall be notified by the Licence Issuer that their name is to be
removed from the Priority List and such a Person may appeal this decision.
PART XXIII - INVESTIGATION OF COMPLAINTS
46. Where a complaint is received from any source, at any time, related to the
qualifications of a Person to be on or remain on the Priority List, the Licence
Issuer shall:
(a)
note beside the name on the Priority List that an objection has been
received; and
(b)
investigate the reasons for the complaint, and based on the findings
the Licence Issuer shall;
(i) if the findings of the investigation indicate non-compliance of the
Priority List requirements, issue a notice to the Person on the
Priority List named in the objection, his or her intentions to
remove the name from the Priority List; or
(ii) if the findings of the investigation indicate compliance of the
Priority List requirements, no further action shall be taken.
PART XXIV - REMOVAL FROM THE LIST
47. A Person who has been notified that his or her name has been removed from the
Priority List shall have 15 days from the date of such notification of removal, to
file a written request to the Tribunal for an appeal hearing. Such appeal hearing
shall be heard as soon as possible by the Tribunal and the provisions of this By-
law relating to appeal hearing shall apply.
PART XXV - ONUS OF PROOF
48. Where the Person named in the notice fails to meet any of the requirements to
remain on the Priority List the onus of proving compliance with the provisions of
this Schedule before the Tribunal shall rest with the Person named in the notice.
PART XXVI - ISSUANCE OF PLATE FROM PRIORITY LIST
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49. The formula for the issuance of Taxicab Owner's Licences (Plates) shall include
four criteria, factors within each of those criteria and the weighting of the criteria
as set out in Appendix I.
a) Where the number of Taxicab Owner Licences with no vehicles registered in
October exceeds the number of licences to be issued based on the plate
issuance formula, there will be no issuance of additional Plates.
b) The statistical information related to the factors within the four criteria
referred to in subsection 50 shall be obtained from such sources as the
Licence Issuer deems to be reliable so that valid comparisons can be made
year over year.
PART XXVII - OBJECTION
50. (1) Any person objecting to the issuance of a Taxicab Plate, must file an
objection within 10 days following the date of publication of the notice.
(2) Objections will be heard by the Tribunal at the next meeting following the
expiry of the time for objections.
(3) The Person objecting to the issuance of the Licence shall be the appellant on
the hearing and shall have the onus of proof before the Tribunal.
PART XXVIII - LICENCE BECOMES AN ASSET OF AN ESTATE
51. The provisions of Section 29 of this Schedule do not apply where the Licence
becomes the asset of the estate of a deceased Owner.
52. Where the Owner of a Taxicab or Accessible Taxicab Licence dies the Licence
becomes an asset of the estate and may be held in the name of the estate for a
period of one year from the transfer and if it is not disposed of in that period it
may be revoked by the Licence Issuer.
53. Where the Owner of a Taxicab or Accessible Taxicab Licence dies and where
the Motor Vehicle Ownership is not solely in the Lessee's name, the following
shall be filed with the Licence Issuer by the personal representative of the estate:
(a) a copy of the death certificate;
(b) proof of insurance in the name of the estate; and
(c) proof of ownership in the name of the estate;
54. Where the Owner of a Taxicab or Accessible Taxicab Licence dies and where
the Motor Vehicle ownership is solely in the Lessee's name, the following shall
be filed with the Licence Issuer by the personal representative of the estate:
(a) a copy of the death certificate; and
(b) proof of insurance in the name of the estate.
55. Where the Owner of a Taxicab or Accessible Taxicab Licence dies, the Licence
may only be transferred or otherwise disposed of by the personal representative
of the estate who shall confirm their status by filing with the Licence issuer either:
(a) a Certificate of Appointment for Estate Trustee with a Will; or
(b) a Certificate of Appointment for Estate Trustee without a Will.
Part XXIX - CONDITIONAL LICENCE RENEWAL - NO VEHICLE
56. Every Applicant for a renewal of a Taxicab Owner or Accessible Taxicab Owner
Licence who meets all the requirements of this By-law except having an
approved vehicle capable of being registered to the Licence, may be issued a
Conditional Licence - No Vehicle. By-law sections are subject for review if the
practice in relation to the section is changed for the neighbouring Greater
Toronto Area municipalities.
57. An application for a Conditional Licence - No Vehicle shall be submitted to the
Licence Issuer in accordance with the requirements set out in the By-law and may
be subject to any additional requirements as set by the Licence Issuer.
58. An Application for a Conditional Licence
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a) No Vehicle shall be accompanied by the prescribed Conditional Licence
b) Every Licensee of a Conditional Licence shall be issued in accordance with
subsection 57 and who subsequently registers an approved vehicle, shall be
issued a full Licence.
c) An application to register a vehicle to a Conditional Licence shall be made to
the Licence Issuer and shall be accompanied by a fee equal to the then
applicable Taxicab or Accessible Taxicab Licence Renewal Fee minus the
Conditional Licence Renewal Fee paid by the applicant.
d) Upon expiry of twenty-four consecutive or aggregate months of Conditional
Licence a full Licence shall no longer be issued and the Plate shall be offered
to those Persons next named in the Priority List.
e) No Person shall use or permit the use of a Conditional Licence issued in
accordance with this Part.
PART XXX - PROHIBITIONS
59. No Person shall conduct business of being a Taxicab Driver when non-compliant
with a provision of the By-Law or this schedule.
60. No Person shall conduct business of being a Taxicab when non-compliant with a
provision of the By-Law or this schedule.
61. No Person shall conduct business of being a Taxicab Broker when non-compliant
with a provision of the By-Law or this schedule.
62. Every non-compliance of the provision of this by-law shall be deemed as a
separate offence.
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SCHEDULE 5 - Mobile Licensing By-law
Relating to Persons who carry on the Business of Owning and Operating a
Personal Transportation Company
(By-law 134-2018)
PART I - DEFINITIONS
1. In addition to the terms defined in Part II of this By-Law, for the purpose of this
Schedule:
"Facilitate" includes, but is not limited to, advertising, offering, operating, receiving,
relaying, authorizing, enabling, communicating or providing;
"Personal Transportation Company" means a Person that, in any manner, Facilitates
Transportation Services using a Platform to connect a Passenger with a PTC Driver
or a PTC Vehicle, and may also be referred to as a "PTC";
"Personal Transportation Company Driver" means a Person registered or affiliated
with a PTC that transports a Passenger using a PTC Platform and may also be
referred to as a "PTC Driver";
"Personal Transportation Company Identifier" means a sign, including a decal,
displaying the logo or name of the PTC, in a form approved by the Licence Issuer
and may also be referred to as a "PTC Identifier";
"Personal Transportation Company Licence" means a Licence issued under this
Schedule to a PTC and may also be referred to as a "PTC Licence";
"Personal Transportation Company Vehicle" means a Motor Vehicle used by a PTC
Driver to provide Transportation Services to a Passenger using the PTC Platform
and may also be referred to as a "PTC Vehicle";
"Platform" means any software, technology, or service, including a smartphone
application
"Solicit" means to appeal for a Passenger by sound, words, signs, or gestures
directed at any Person, but does not include communication over a PTC Platform;
"Street Hail" means to appeal for a ride by any Person using sounds, words, signs,
or gestures directed at a PTC Driver, but does not include communication over a
PTC Platform;
"Transportation Service" means a trip arranged through a Platform commencing
when a Passenger enters the PTC Vehicle, continuing for the period that the PTC
Vehicle is continuously occupied, and ending when all Passengers or goods exit the
PTC Vehicle.
PART II - APPLICATION OF SCHEDULE
2. This Schedule does not apply to:
(1) Taxicab services dispatched by a licensed Taxicab Broker and Taxicab services
provided by a licensed Taxicab plate holder or a licensed Taxicab driver under the
authority of Schedule 4: Taxicabs of By-law 67-2014, as amended;
(2) Limousine services provided by a Limousine service provider under the authority
of Schedule 2: Limousines of By-law, as amended;
(3) a Motor Vehicle used as part of a transit system offered by the City of Brampton
or the Region of Peel such as the public transit services known as Züm/Brampton
Transit and TransHelp;
(4) a Person who Facilitates "carpooling" as defined by the Public Vehicles Act; or
(5) an emergency Motor Vehicle including but not limited to ambulance, fire
department, or police vehicle.
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PART III - GENERAL PROHIBITIONS AND OBLIGATIONS
In addition to any other provisions of this By-Law, for purposes of this Schedule:
3. No Person shall Facilitate Transportation Services unless authorized to do so by a
Licence issued pursuant to this By-law.
4. No Person shall permit, accept, or condone Street Hails for a ride with a PTC Driver
or in a PTC Vehicle, whether on the street or at a Taxi Stand or in any other manner
at any other location.
5. No Person shall Solicit or condone the Solicitation of a Passenger by a PTC Driver
or PTC Vehicle, whether on the street or at a Taxi Stand or in any other manner at
any other location.
6. No Person shall Facilitate a Transportation Service that does not comply with this
Schedule.
7. No Person shall obstruct the Licence Issuer's use of the Platform to ensure
compliance with this By-law, including, but not limited to the creation and use of
accounts as either a Passenger or PTC Driver.
8. No Person shall permit a PTC Driver or a PTC Vehicle to provide Transportation
Services if the PTC Driver does not have the insurance required under this
Schedule.
9. No Person shall permit payment by cash for a Transportation Service.
10. No Person shall permit any Passenger to smoke or vape in the PTC Vehicle while it
is providing 1Transportation Services.
11. No PTC Driver or PTC Vehicle shall provide Transportation Services unless they
hold a valid Identification Card issued by a PTC required under section 36 of this
Schedule.
12. No PTC Driver or PTC Vehicle shall obstruct or hinder the making of an inspection
by the Licence Issuer or Inspector, or cause or permit an inspection to be obstructed
or hindered.
13. No PTC Driver or PTC vehicle shall provide Transportation Services when non-
compliant with a provision of the By-Law or this schedule.
14. Every non-compliance of the provision of this By-law shall be deemed as a separate
offence.
15. Every PTC and PTC Driver shall ensure that a valid Identification Card required
under section 36 of this Schedule is:
(1) in the PTC Vehicle at all times when Transportation Services affiliated with
the PTC are offered or provided; and
(2) is produced immediately upon demand of an Inspector.
16. Every PTC Driver shall produce on demand of the Licence Issuer or an Inspector,
the following documents:
(1) the PTC Driver's Identification Card, required under section 36 of this
Schedule;
(2) proof of valid insurance that meets the requirements of this Schedule; and
(3) any other information pertaining to the PTC Driver or the operation of the PTC
Vehicle as requested by the Inspector.
17. Every PTC shall where Transportation Service requested is a type which would
require an accessible Motor Vehicle and the PTC is not able to provide such
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Transportation Service, direct the Person requesting such Transportation Service to
a Person who can provide such Transportation Service.
PART IV - REQUIREMENTS OF PTC LICENCE APPLICATION
18. In addition to the general licensing provisions of this By-law, an Application for a new
PTC Licence or a renewal of a PTC Licence shall be accompanied by:
(1) if the Applicant is a corporation, proof that it is legally entitled to operate in
Ontario, including but not limited to:
(a) a copy of the incorporating documents;
(b) a copy of the last initial notice/notice of change which has been filed with
the appropriate government department;
(c) a Certificate of Status issued by the Ministry of Government and
Consumer Services; or
(d) a certified copy of an annual return and a list of all shareholders of the
corporation.
(2) the address and contact information of the PTC's registered business address in
the Province of Ontario, which is not a post office box, to which the City may
send during business hours any notice or documentation or communication
that may be required under this By-law and at which the Applicant or the
Applicant's agent will accept receipt of such notice, documentation or
communication together with the name, telephone, and email contact
information for the person authorized to receive and respond on behalf of the
PTC to any and all communications from the City relating to the PTC's Licence
or the PTC's conduct of the business;
(3) a PTC Identifier for approval by the Licence Issuer;
(4) adequate demonstration that there are data security measures in place to protect
the personal data collected by the PTC relating to Passengers and Drivers, to
the satisfaction of the Licence Issuer;
(5) documentation demonstrating that the Platform used:
(a) at the time the Transportation Service is arranged, provides to the
Passenger requesting the Transportation Service:
(i) the PTC name and contact information;
(ii) the first name and photograph of the PTC Driver;
(iii) a description of the make, model and licence plate of the PTC Vehicle;
(iv) the surcharge, if any;
(v) an estimate of the total cost; and
(vi) the current location of the PTC Vehicle;
(b) provides a link to rate or provide comment on the PTC Driver and PTC
Vehicle.
(c) provides a process allowing the Passenger to accept or refuse the
Transportation Service prior to it commencing and keeps a record of such
acceptance or refusal;
(d) provides a secure payment mechanism;
(e) provides a printed or electronic receipt to the Passenger at the end of the
Transportation Service that includes the following information confirming:
(i) the fare rate and/or surcharges;
(ii) total amount paid;
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(iii) date and time of pickup;
(iv) locations where the Passenger was picked up and dropped off;
and
(v) the first name of the PTC Driver;
(f) incorporates a global positioning system (GPS) in which all Transportation
Services are recorded; and
(g) is accessible for persons with disabilities;
(6) a list of every affiliated PTC Driver and PTC Vehicle in a readily accessible
format that includes:
(i) the full name and address of every PTC Driver; and
(ii) the make, model and licence plate of every PTC Vehicle;
(7) proof of the insurance required under this Schedule to the satisfaction of the
Licence Issuer;
(8) payment of the appropriate Licence Fee as set out in Appendix A of the By-Law;
and
(9) any other information required by the Licence Issuer.
19. Every PTC shall make available to the public on its Platform, and by any other
means of its choice, the following information:
(1) the insurance coverage required to be maintained by the PTC and by the PTC
Drivers;
(2) the Transportation Services offered by PTC Drivers;
(3) the applicable screening process for PTC Drivers and PTC Vehicles;
(4) that PTC Drivers can only provide Transportation Services that are prearranged
using the platform of the PTC and not accept Street Hails or pick up fares at taxi
stands; and
(5) that PTC Drivers cannot accept cash payment for Transportation Services.
PART V - INSURANCE
For purposes of this Schedule, the following insurance requirements shall apply:
20. (1) Every PTC shall provide proof of commercial general liability insurance against
all claims for personal injury including bodily injury resulting in death, and property
damage with an inclusive limit of not less than five million ($5,000,000.00) per
occurrence insuring them against liability imposed by law for any loss or damage
resulting from the carrying on of the business to which the Licence relates.
(2) The commercial general Liability policy in subsection 20(1) shall be in the name
of the PTC and the City of Brampton shall be included as an additional insured.
(3) Every PTC shall obtain and maintain on behalf of every PTC Driver, at all times
during the provision of Transportation Services, Automobile Liability Insurance
for owned, non-owned, or leased PTC Vehicles, with limits of not less than two
million dollars ($2,000,000.00) exclusive of costs and interest, per occurrence for
bodily injury, death, and loss or damage to property occurring while in the post
acceptance period. The Automobile Liability Insurance shall include the IPCF
6TN Permission to Carry Paying Passengers for a Transportation Network
endorsement or an equivalent endorsement acceptable to the Licence Issuer.
(4) The insurance coverage required under Section 20 shall include a provision that
requires the Insurer to provide the City of Brampton with no less than 10 days
prior written notice of any cancellation or variation to the policy.
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21. The certificate of insurance issued in respect of the policy in Section 20 shall be
provided to the Licence Issuer prior to the issuance of the Licence in the form of
proof set out in Appendix C of the By-law.
22. Every PTC shall keep such records of the PTC Driver's insurance coverage for a
period of 3 years after the PTC Driver ceases to be affiliated with the PTC.
23. Every PTC shall produce proof of any PTC Driver's insurance coverage to the
Licence Issuer upon demand.
24. The Licence Issuer may suspend the PTC licence if the PTC fails to comply with this
Part until such time as the PTC provides proof of insurance coverage to the
satisfaction of the Licence Issuer.
25. The PTC shall provide the Licence Issuer with such information as the Licence
Issuer shall require, from time to time upon demand, to demonstrate that this Part is
being complied with.
PART VI - PTC REQUIREMENTS
26. Every PTC shall ensure that the Licence Issuer's use of the Platform as either a
Passenger or PTC Driver will not be obstructed.
27. Every PTC shall keep an up-to-date list of every registered or affiliated PTC Driver
and PTC Vehicle in a readily accessible format that includes, but is not limited to:
(1) the full name and address of every PTC Driver; and
(2) the make, model and licence plate of every PTC Vehicle.
28. Every PTC shall ensure that, prior to commencing as a PTC Driver and at all times
when providing Transportation Services, a registered or affiliated PTC Driver:
(1) is at least 18 years of age;
(2) has a valid G licence or higher;
(3) is able to communicate in English; and
(4) has been advised and consents in writing to the personal information being
submitted to the Licence Issuer for the purpose of auditing compliance with this
Schedule.
29. (1) Every PTC shall require a Criminal Record search and driving record abstract to
be submitted by the PTC Driver prior to providing Transportation Services and
annually thereafter, for as long as the PTC Driver is registered or affiliated with the
PTC.
(2) Every PTC shall obtain a Criminal Record search and a driving record abstract
for each PTC Driver as follows:
(a) the driving record abstract should be no older than 30 days from the date the
PTC Driver applied for affiliation with the PTC.
(b) the Criminal Record search must be conducted by a Police Service within the
Province of Ontario and should be no older than 30 days from the date the driver
applied for affiliation with the PTC.
(3) Every PTC shall ensure that no PTC Driver exceeds the thresholds found in
Appendix E- Threshold Policy of this By-law.
30. No PTC shall impose any mandatory arbitration clause on PTC Drivers or
Passengers whose Transportation Services are Facilitated by the PTC.
31. No PTC shall require that the law of any jurisdiction other than Ontario be applied in
relation to the use of the relevant PTC Platform in the City by PTC Drivers or
Passengers.
59
32. No PTC shall permit a PTC Driver's access to the Platform immediately upon being
notified by the Licence Issuer that a PTC Driver has acted in a manner that is
adverse to the public interest, public safety or upon discovering that a PTC Driver is
not insured under subsection 20(3) for so long as required by the Licence Issuer.
33. Every PTC shall provide the Licence Issuer with such information as they shall be
required to demonstrate that section 32 is being complied with.
34. Every PTC shall ensure that a PTC driver complies with Part XXIII, Discrimination of
the By-law.
35. Every PTC shall ensure that a PTC Vehicle meets the following requirements at all
times when providing a Transportation Service:
(1) the PTC Vehicle has a valid Motor Vehicle registration and ownership, prior to
commencement of use as a PTC Vehicle, and then annually thereafter;
(2) the PTC Vehicle has a valid and current Ontario Ministry of Transportation Safety
Standards Certificate, prior to commencement of use as a PTC Vehicle, and then
annually thereafter;
(3) if the vehicle accumulates more than 50,000 km in any calendar year, an
additional Ontario Ministry of Transportation Safety Standards Certificate must be
obtained;
(4) the PTC Vehicle is no more than 7 years old, excluding the manufactured year;
(5) the PTC Vehicle has four (4) doors and a maximum seating capacity of seven (7)
Passengers excluding the PTC Driver;
(6) the PTC Vehicle is clean and in good repair as to its exterior and interior; and
(7) the PTC Vehicle is equipped with:
(a) fully functioning air-conditioning and heating system; and
(b) fully functioning seatbelts that are plainly visible and accessible to
Passengers.
(8) the PTC Identifier displayed in the location approved by the Licence Issuer.
36. Every PTC shall issue to every affiliated PTC Driver an Identification Card in written
or accessible electronic form providing the following information:
(1) the first and last name and photograph of the PTC Driver;
(2) the make, model and licence plate number of the PTC Vehicle(s) used by the
PTC Driver
(3) the name and contact information of the PTC; and
(4) the Insurance policy coverage for the PTC Vehicle.
37. Every PTC shall keep copies of the documents and information required under this
Part for 3 years.
38. Every PTC shall make available to the Licence Issuer the records or information
required in this Part within forty-eight (48) hours following a written demand by the
Licence Issuer.
39. The Licence Issuer may refuse to grant or renew and may revoke or suspend a PTC
Licence if the PTC fails to comply with any requirement of this Schedule or any
provision of this By-Law.
PART VII - PROHIBITIONS
40. No Person shall conduct business of being a PTC Driver when non-compliant with a
provision of the By-Law or this schedule.
60
41. Every non-compliance of the provision of this by-law shall be deemed as a separate
offence.
61
SCHEDULE 6 - Mobile Licensing By-law
Relating to Persons who carry on the Business or runs, operates or carries
on the business of peddling goods
PART I - DEFINITIONS
1.
In addition to the terms defined in Part II of this By-Law, for the purpose of this
Schedule:
"Approved Area" means a location on a property site map that is reviewed by the
Zoning Department and deemed fit for the purpose of operating as a Peddler by
the licence issuer and does not include soft landscape. Additionally, the area does
not obstruct pedestrian travel or a multi-use passage.
"Goods" means wares, crops, merchandise or services for which there is no
requirement for another licence under any other schedule of this By-Law or the
Business Licensing By-Law (184-2023).
"Peddler" means a Person who goes from place to place or is stationed in an
approved area for the purpose of supplying goods, or who carries any goods that
are provided to the customer immediately, and includes the registered plate
owner of a motor vehicle when any operation of the peddler business involves a
motor vehicle.
"Site Map" means an accurate drawing or representation of the location on the
property in question which shows existing and proposed conditions for a given
area, to be used to satisfy and allow the inspector, officer, plans examiner or zoning
review to make an accurate assessment of site needs and allowable use and
locations for use
"Special Event" shall mean an event which is sponsored, authorized or conducted
by the City of Brampton, or on behalf of the City of Brampton, or on behalf of a
registered not-for-profit or registered charity, or other community group with the
approval of the City of Brampton;.
"Crop" means a cultivated plant that is grown as food, especially a grain, fruit, or
vegetable, but does not include tobacco or cannabis.
PART II - GENERAL PROHIBITIONS AND OBLIGATIONS
2.
Every Person or Owner of a Peddler Licence shall submit all goods for inspection
to an inspector upon request.
3.
Every Person or Owner of a Peddler License shall provide all relevant paperwork
to the inspector upon request.
4.
Every Applicant for a Peddler Owner Licence shall:
a) Submit a list in writing, containing a full description of the goods to be sold
or offered for sale under this Licence;
b) Submit written permission for the use of the property from the property
owner, landlord or agent of the property, before offering goods, or
merchandise for sale;
c) Submit an accurate drawing of the location from which any goods will be
hawked, peddled, or sold, where applicable. This drawing shall include the
location of all sidewalks, driveways, edges of roads and parking areas, and
shall be drawn to the satisfaction of the Licence Issuer;
5.
No Owner of a Peddler Licence shall:
a) peddle or sell any goods in any manner as to impede or confine vehicular
or pedestrian traffic;
62
b) peddle or sell any goods outside of the approved area;
c) peddle or sell any goods within 30 metres of any entrance to school
grounds, a public park, or bus stop where busses may take on or
discharge passengers.
d) Peddle or sell from any highway or city property unless approved by
licence issuer;
e) Peddle or sell on private property without written permission from the
property owner;
f) Peddle or sell any alcohol, cannabis or tobacco products.
6.
A Licence issued under this By-law is permission to sell only from the location for
which the Licence has been issued.
7.
Every Person or individual carrying on the business of Peddling shall be
responsible for maintaining the Premises and property in a sanitary, clean and litter
free condition.
8.
The requirement for a peddler's licence shall be exempt for peddlers operating or
conducting business at a special event sponsored by the City or operating on city
property
PART III - PROHIBITIONS
9.
No Owner shall conduct business of being a Peddler when non-compliant with a
provision of the By-Law or this schedule.
10.
No Person shall operate a Peddling business without a licence.
11.
Every non-compliance of the provision of this by-law shall be deemed as a
separate offence.
63
Appendix A - Mobile Licensing By-law Licence Fees
Effective January 1, 2025
Mobile Licence Fees
2025 Fees
Schedule 1 - Driving Schools
Driving School Operators
$187.00
Driving School Instructors - 1 year
$116.00
Driving School Instructors - 2 year
$234.00
Driving School Instructors - 3 year
$350.00
Driving School Instructors - 4 year
$466.00
Driving School Motor Vehicle Owner
$207.00
Schedule 2 - Limousines
Limousine Owner
$324.00
Limousine Drivers - 1 year
$116.00
Limousine Drivers - 2 year
$234.00
Limousine Drivers - 3 year
$350.00
Limousine Drivers - 4 year
$466.00
Schedule 3 - Refreshment Vehicles
Refreshment Plates- Class A (Coffee Truck)
$353.00
Refreshment Plates- Class B (Ice Cream
Bike)
$285.00
Refreshment Plates- Class C (Hot Dog
Cart/Chip Truck)
$285.00
Refreshment Plates- Class D (Ice Cream
Truck)
$353.00
Refreshment Vehicle Driver Class A - 1 year
$116.00
Refreshment Vehicle Driver Class A - 2 year
$234.00
Refreshment Vehicle Driver Class A - 3 year
$350.00
Refreshment Vehicle Driver Class A - 4 year
$466.00
Refreshment Vehicle Driver Class B - 1 year
$116.00
Refreshment Vehicle Driver Class B - 2 year
$234.00
Refreshment Vehicle Driver Class B - 3 year
$350.00
Refreshment Vehicle Driver Class B - 4 year
$466.00
Refreshment Vehicle Driver Class C - 1 year
$116.00
Refreshment Vehicle Driver Class C - 2 year
$234.00
Refreshment Vehicle Driver Class C - 3 year
$350.00
Refreshment Vehicle Driver Class C - 4 year
$466.00
64
Refreshment Vehicle Driver Class D - 1 year
$116.00
Refreshment Vehicle Driver Class D - 2 year
$234.00
Refreshment Vehicle Driver Class D - 3 year
$350.00
Refreshment Vehicle Driver Class D - 4 year
$466.00
Refreshment - Special Events
$134.00
Schedule 4 - Taxicabs
Broker - New
$744.00
Broker - Renewal
$583.00
Taxicab/Accessible Taxicab Owner - New
$4,623.00
Taxicab/Accessible Taxicab Owner -
Renewal
$418.00
Conditional Licence Renewal - No Vehicle
$61.00
Taxicab/Accessible Taxicab Owner -
Transfer
$441.00
Taxicab/ Accessible Taxicab Owner -
Transfer from an Owner to their Spouse
$441.00
Taxicab/ Accessible Taxicab Owner -
Transfer from the registered Owner to a
sibling child of the Owner
$441.00
Taxicab/ Accessible Taxicab Owner -
Transfer to a corporation controlled by that
Owner
$441.00
Taxi Drivers - 1 year
$116.00
Taxi Drivers - 2 year
$234.00
Taxi Drivers - 3 year
$350.00
Taxi Drivers - 4 year
$466.00
Schedule 5 - Personal Transportation Company
Personal Transportation Company - New
and Yearly
Renewal
$24,519.00
Personal Transportation Company -
Monthly paid on the 15th of every month for
every Transportation Service that took
place the previous month.
Schedule 6 -
Peddlers Licence 1-year
$116
All Schedules - ADDITIONAL FEES
Replacement of Driver or Owner Licence
$44.00
Closed Application Fee
$79.00
Late Renewal
$66.00
Replacement of Plate
$79.00
65
Vehicle Inspection Fee (Not applied to
Taxicab/Accessible Taxicabs)
$153.00
Extension of Vehicle Model Year
$153.00
Filing of Lease
$79.00
Replacement of Driver's Photo I.D. Card
$44.00
Replacement of Tariff card
$44.00
Taxicab Priority List - Initial Application
$153.00
Taxicab Priority List - Renewal
$79.00
These rates shall automatically increase and be rounded up to the nearest dollar on the
first day of January in each year by the percentage increase in the All Items Index of the
Consumer Price Index (not seasonally adjusted) for the Toronto Census Metropolitan
Area, published by Statistics Canada, during the 12-month period ending on September
30 in the year immediately preceding the rate increase date.
66
Appendix B - Mobile Licensing By-law Licence Expiry Date
(Amended by By-laws 187-2014, 134-2018, 26-2021)
EXPIRY DATES
MOBILE LICENSING EXPIRY
DATES
2025
2026
2027
Schedule 1- Driving Schools:
Driving School Operator
February 28
January 31
January 31
Driving School Instructor
Date of Birth Date of Birth Date of Birth
Driving School Motor Vehicle
Owner
April 30
April 30
April 30
Schedule 2 - Limousines:
Limousine Owner
September
30
September
30
September
30
Limousine Driver
Date of Birth Date of Birth Date of Birth
Schedule 3 - Refreshment
Vehicles:
Refreshment Vehicle Class A
(Coffee Truck)
June 30
June 30
June 30
Refreshment Vehicle Class B (Ice
Cream Bike)
June 30
June 30
June 30
Refreshment Vehicle Class C (Hot
Dog Cart/ Chip Truck)
June 30
June 30
June 30
Refreshment Vehicle Class D (Ice
Cream Truck)
June 30
June 30
June 30
Refreshment Vehicle Driver Class
A
Date of Birth Date of Birth Date of Birth
Refreshment Vehicle Driver Class
B
Date of Birth
Date of Birth
Date of Birth
Refreshment Vehicle Driver Class
C
Date of Birth Date of Birth Date of Birth
Refreshment Vehicle Driver Class
D
Date of Birth
Date of Birth
Date of Birth
Special Event
Last day
of Special
Event.
Last day
of Special
Event.
Last day
of Special
Event.
Schedule 4 - Taxicabs:
Broker
February 28 February 28 February 28
Taxicab/Accessible Taxicab
Owner
February 28 February 28
Taxicab Driver
Date of Birth Date of Birth Date of Birth
Taxicab Priority List
Date of Birth Date of Birth Date of Birth
Schedule 5- Personal
Transportation Companies:
Personal Transportation Company
1 year
from the
Issuance
of the
Licence
1 year
from the
Issuance
of the
Licence
1 year
from the
Issuance
of the
Licence
Schedule 6 - Peddler:
Peddler - Owner
April 30
April 30
April 30
67
Appendix C (By-law 134-2018)
(Amended by By-laws 187-2014, 134-2018)
**PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY**
LICENCE
TYPE
Taxicab Brokerage
Taxicab Operator
Limousine
Personal
Transportatio
n Company
PLATE NO.:
Vehicle(s)
Make
Year
Model
Serial
Number
Owner
This is to certify that the policies of insurance as described below have
been issued by the undersigned to the insured named below and are in
force at this time.
NAME OF INSURED
(LESSOR, if applicable)
TELEPHONE
AREA CODE
NUMBER
⊳ (
) -
-
ADDRESS
CITY POSTAL CODE
NAME OF INSURED
(LESSEE, if applicable)
TELEPHONE
AREA CODE
NUMBER
⊳ (
) -
-
ADDRESS
CITY POSTAL CODE
TYPE OF
INSURANCE
INSURER'S
NAME
POLICY
NUMBER
EFFECTIVE
(YR./MO./DAY)
EXPIRY DATE
(YR./MO./DAY)
LIMITS OF
LIABILITY
Commercial
General
Liability
AUTO
LIABILITY
UMBRELLA
This will confirm the above vehicle insurance, with an OPCF 6A
Endorsement (Taxi & Limousine Licence ONLY) or an IPCF 6TN
Endorsement (Personal Transportation Company ONLY) is in full force and
effect as of this date and issued in compliance with The Corporation of the
City of Brampton, Licensing By-Laws.
If any of the above insurance policies are cancelled or changed so as to
reduce the coverage during the coverage period as stated above, so as to
68
affect this certificate, 10 days' notice of cancellation for non- payment or 30
days' notice for cancellation of the policy will be given by the insurer to:
The Corporation of the City of Brampton - Licensing 485 Chrysler Drive
Brampton, Ontario L6S 6G3
Phone: 905-458-3424 ext. 63225 Fax: 905-458-3903
[email protected] .
NOTE: In the event of a change in vehicles, a Substitution Endorsement is
to be filed with the Licensing Section.
This certificate is executed and issued to the aforesaid Corporation of the
City of Brampton, the day and date herein written below:
DATE YR. MO. DAY
⊳
NAME OF INSURANCE COMPANY (not
broker)
NAME OF INSURANCE BROKER
AUTHORIZED
REPRESENTATIVE OR
OFFICIAL
BY:
*** THIS FORM MUST BE COMPLETED & SIGNED BY YOUR INSURANCE
BROKER ***
69
The Corporation of the City of Brampton
Enforcement and By-law Services - Licensing
**PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM
ONLY**
LICENCE TYPE
Driving School (DS) Driving School
Vehicle Tow Truck Refreshment
Vehicle
PLATE
NO.:
Vehicle(s) Make
Year
Model
Serial
Number
Owner
This is to certify that the policies of insurance as described below have
been issued by the undersigned to the insured named below and are in
force at this time.
NAME OF INSURED (LESSOR, if
applicable)
TELEPHONE
AREA CODE
NUMBER
⊳ (
) -
-
ADDRESS
CITY POSTAL CODE
NAME OF INSURED (LESSEE, if
applicable)
TELEPHONE
AREA CODE
NUMBER
⊳ (
) -
-
ADDRESS
CITY POSTAL CODE
TYPE OF
INSURANCE
INSURER'S
NAME
POLICY
NUMBER
EFFECTIVE
(YR./MO./DAY)
EXPIRY DATE
(YR./MO./DAY)
LIMITS OF
LIABILITY
Commercial
General
Liability
AUTO
LIABILITY
UMBRELLA
LIABILITY FOR
DAMAGE TO
TOWED
VEHICLE
$100,000
Damage to
Cargo in Towed
Vehicle
$ 50,000
This will confirm the above vehicle insurance, with an OPCF 6D (Driving
School Vehicle) is in full force and effect as of this date and issued in
70
compliance with The Corporation of the City of Brampton, Licensing By-
Laws.
If any of the above insurance policies are cancelled or changed so as to
reduce the coverage during the coverage period as stated above, so as to
affect this certificate, 10 days' notice of cancellation for non- payment or 30
days' notice for cancellation of the policy will be given by the insurer to:
The Corporation of the City of Brampton - Licensing 485 Chrysler Drive
Brampton, Ontario L6S 6G3
Phone: 905-458-3424 ext. 63225 Fax: 905-458-3903
[email protected] .
NOTE: In the event of a change in vehicles, a Substitution Endorsement is
to be filed with the Licensing Section. This certificate is executed and
issued to the aforesaid Corporation of the City of Brampton, the day and
date herein written below:
DATE YR. MO. DAY
⊳
NAME OF INSURANCE COMPANY (not broker)
NAME OF INSURANCE BROKER
AUTHORIZED REPRESENTATIVE
OR OFFICIAL
BY:
*** THIS FORM MUST BE COMPLETED & SIGNED BY YOUR INSURANCE
BROKER ***
71
Appendix D - Visibility Triangle
72
Appendix E - Mobile Licensing By-law
THRESHOLD POLICY
POLICY STATEMENT:
This policy deals with Applicants or Licensees who must submit a Criminal Record or
driver's abstract as part of their Licence Application. When a police check reveals a
prior conviction for a serious offence, the Licence Issuer must conclude that it is not in
the public interest for the person to be licensed and shall refuse or suspend the licence.
When a Licence is refused or suspended, the Licence Issuer will advise the Applicant or
Licensee in writing, setting out the specific conviction that forms the basis of the
decision, and tell the Applicant or Licensee of the right to appeal to the Brampton
Appeal Tribunal and the deadline for appealing. Any appeal letter must contain reasons
in support and be accompanied by the appropriate appeal fee as set out in the City's
User Fee By-law. The Tribunal makes the final decision and there is no further right to
appeal to City Council.
In the course of an application, the Licence Issuer may also inquire into pending court
cases and issue a conditional Licence to the date of the expected court date.
Withholding the fact of a pending court date from the Licence Issuer is itself a ground for
suspension of the Licence.
In respect of Schedule 6 of this by-law, this Policy must be applied by a PTC to all
Persons applying to access a PTC Platform as a PTC Driver. If the Person's documents
do meet the threshold set out in this policy, the PTC must conclude that it is not in the
public interest for the person to be on the Platform.
SCOPE:
The thresholds will apply to Licences issued by the City of Brampton pursuant to the
following Schedules under Mobile Licensing By-law:
Schedule 1 Driving Schools
Schedule 2 Limousines
Schedule 3 Refreshment Vehicles
Schedule 4 Taxicabs
Schedule 5 Personal Transportation Company
A. Despite an application being complete and all fees paid the Licence Issuer shall refuse
to issue or renew a Licence and in the case of an existing Licence, the Licence Issuer
shall suspend the Licence, if an Applicant or Licensee has:
1. any code 01 conviction;
2. any code 02 conviction within the last ten years;
3. any code 03 conviction within the last five years;
4. two or more code 03 convictions within the last ten years;
5. any code 04 conviction within the last three years;
6. two or more code 04 convictions within the last five years;
7. any code 05 or 07 conviction within the last year;
8. any code 06 conviction within the last three years;
9. two or more code 6 convictions within the last five years;
10. three or more code 08 convictions within the last year;
11. nine or more demerit points, as defined in the Highway Traffic Act, on the driver's
abstract provided to the Licensing Department;
73
12. six or more by-law related* convictions within the last year concerning the licensed
business or individual, or any other of the individual's businesses that are licensed or
are required to be licensed, or any of the individual's prior businesses that were
licensed or were required to be licensed; four or more by-law and related*
convictions within the twelve-months immediately preceding the date of issuance;
13. any code 09 event within the last year; or
14. overdue by-law fines or other monies owed to the City, unless the Applicant or
Licensee provides proof that such fines have been subsequently paid.
B. The Licence Issuer shall issue, renew or reinstate a Licence, if at the time of the
Application for a Licence or Licence renewal, the conviction or event has reached the
age set out below.
1. The code 02 conviction is more than ten years old;
2. If the Licence was not issued because of a single code 03 conviction, when that
conviction becomes more than five years old,
3. If the Licence was not issued because of two or more code 03 convictions, when at
least two of those convictions become more than ten years old;
4. If the Licence was not issued because of a single code 04 conviction, when that
conviction is more than three years old;
5. If the Licence was not issued because of two or more code 04 convictions, when at
least two of those convictions are more than five years old;
6. If the Licence was not issued because of a single code 05 or code 07 conviction,
when that conviction is more than a year old;
7. If the Licence was not issued because of a single code 06 conviction, when that
conviction is more than three years old;
8. If the Licence was not issued because of two or more code 06 convictions, when at
least two of those convictions are more than five years old;
9. If the Licence was not issued because of a single code 07 conviction, when that
conviction is more than one year old;
10. If the Licence was not issued because of nine (9) or more demerit points, as defined
in the Highway Traffic Act, on the driver's abstract provided to the Licence Issuer;
when the driver's abstract falls below nine (9) demerit points;
11. If the Licence was not issued because of three or more code 08 convictions, when
three of those convictions are more than one year old;
12. If the Licence was not issued because of a code 09 event, when that code 09 event
is more than a year old; and
13. If the Licence was not issued because overdue by-law fines or other monies owed to
the City, when those fines have been paid.
These thresholds shall be applied threshold for threshold. For example, if the
Applicant's or Licensee's Licence was not granted by reason of a recent code 02
conviction, the Licence shall be reinstated or issued when the code 02 conviction is
more than 10 years old, provided there are no other applicable thresholds.
1-C The Licence Issuer may place conditions and issue a warning letter on a Licence if
an investigation of a Licensee reveals circumstances that may in the future cause the
Licensee to be in contravention of any of the thresholds listed.
1-D The Licence Issuer may issue a warning letter to be placed in an Applicant's or
Licensee's file if, at the time of an Application for a Licence or renewal, the Applicant
has four or more by-law and related* convictions concerning the licensed business or
individual, or any other of the individual's businesses that are licensed or are required to
be licensed, or any of the individual's prior businesses that were licensed or required to
74
be licensed, within the twelve months immediately preceding the date of issuance or
renewal.
The warning letter must advise the Applicant or Licensee about the specific applicable
threshold.
* Related legislation may include, but is not limited to, City of Brampton Business
Licensing By-law
Criminal Code
Offences
Description
Code
Sexual Offences
(minors)
Interference, invitation, exploitation,
procuring sexual activity (parent or
guardian), permitting sexual activity
(householder) corrupting children, luring
a child, exposure, incest (with minor)
01
Terrorism
Providing, collecting property; using,
possessing property; providing, making
available property
02
Homicide
Homicide, manslaughter, infanticide,
murder, attempt to commit, accessory
02
Major assault and
sexual assault offences
Sexual assault with weapon, causing
bodily harm, aggravated, assault with
weapon, causing bodily harm
02
Sexual offences
(against person other
than minor)
Exploitation of persons with a disability,
incest, indecent act, sexual assault
03
Confinement
Kidnapping, hostage taking, abduction
03
Hate propaganda
Advocating genocide, public incitement
of hatred
03
Robbery, extortion
All offences
03
Criminal organization
Participating in activities of
03
Criminal Negligence
Criminal negligence, causing death,
causing bodily harm
04
Assault
Assault, of a peace officer
04
Noxious thing, poison
Administering to harm
04
Harassment, threats
Criminal harassment, uttering threats
04
Explosives
Using, possession
04
Weapons
Possession, carrying, trafficking
04
Firearms
Using in commission of offence, careless
use, pointing, possession, acquisition
without certificate, causing bodily
harm with intent (firearm, air gun, or
pistol)
04
Theft offences
All offences
04
Forgery offences
All offences
04
Traps
Setting
05
Break and enter
Break and enter
04
Crime- possession of
property
Possession of property obtained by
crime
04
Fraud
Fraud offences, falsifying documents
04
Arson
All offences
04
Counterfeit money
Uttering, advertising, dealing
04
Proceeds of crime
Laundering
04
Noxious thing, poison
Administering to annoy, to aggrieve
05
Mischief
Mischief
05
Conspiracy
Conspiracy to commit an indictable
offence
05
Prostitution
Offences related to
05
Bawdy houses
Keeping, transporting person to,
procuring
05
75
Operation of motor
vehicle, vessels, or
aircraft
Dangerous operation, failing to stop for
police, failure to stop at scene of
accident, operation while impaired,
operation with more than 80 milligrams of
alcohol in blood, driving
while disqualified
06
Other
All other Criminal Code Convictions
07
Controlled Drugs and
Substances Act
Offences
Description
Code
Possession
Possession
05
Trafficking
Of Schedule I or II substance
Of Schedule III substance
Of Schedule IV substance
03
04
05
Importing, exporting
Of Schedule I or II substance
Of Schedule III substance
Of Schedule IV substance
03
04
05
Production
Of Schedule I or II substance (except
marijuana)
Of Marijuana
Of Schedule III substance
Of Schedule IV substance
03
04
04
05
Highway Traffic Act
Description
Code
36
Driving while licence suspended
07
43(1)
Driving while licence suspended
06
Speeding
Exceeding speed by 50 km/hr
06
Careless
Careless / Distracted driving
06
Fail to remain
Fail to remain at the scene of an
accident
06
Fail to stop
Fail to stop when signaled or requested
by a police officer
06
Racing
Racing
06
Fail to stop
Fail to stop for a school bus
06
By-Law
Description
Code
Discriminate against a member of the
public
08
Refuse to serve a blind person guided by
a dog
08
Refuse to serve a physically challenged
person
08
Any instance of plate removal
09
Obstruct or Hinder By-Law Inspection
09
76
Appendix F - Mobile Licensing By-law
Driving Schools
77
Appendix G - Mobile Licensing By-law Taxicab Tariff
Meter tariffs,
a.
By distance: for the first 125 metres
b.
$4.75, for each additional 125 metres
c.
$0.25 Waiting time, while under engagement: for each 30 seconds $0.27
Additional Charges
a.
For passengers exceeding four or for special requests for Vans $10.95
*Additional passenger surcharge does not apply to Personal Care Attendants for
disabled passenger(s)
b.
For each odd item, parcel, or container over .085 cubic metres (3 cu. ft.) or over
27 kilograms (60lbs.) in weight not covered by this Fare, charges should be agreed
upon between the driver and the passenger before commencement of the Trip.
78
Calculation
Except as otherwise noted, the calculation shall be applied by applying the percentage
change in the factor year over year.
To determine the number of additional Taxicab Owner's Licences (plates) to
be issued, the Licence Issuer shall:
- Obtain statistical information for the each of the factors set out in the four criteria
for:
o the year prior to the last time taxicab owner's licenses (plates) were issued
(Year A), and
o the year prior to the time that the calculation is being made (Year B)
- Calculate the percentage change for each of the factor's year over year For Criteria
1, 2 and 4 - Calculate the average percentage change
- For Criteria 3 -- Calculate the average percentage change for the "Sectors",
then calculate the average percentage change of the "Total Population" and
the "Sectors"
o Calculate the average percentage change for the averages of the four
criteria
79
o Calculate the "weighted percentage change" for each of the four criteria by
multiplying the average percentage change for each by the weighted
percentage
o Calculate the net percentage change by averaging weighted percentages
of the four criteria
o Multiply the net percentage change by the total number of taxicabs
owner's licences at the time the formula is being applied
That resultant calculation identifies the number of additional Licences to be issued.
If the number is positive, that number of Licences shall be issued.
If the number is negative, no Licences shall be issued.
80
Appendix J - Outdoor Storage
81
ENACTED and PASSED this 28th day of May 2025.
________________________________
Patrick Brown, Mayor
________________________________
Genevieve Scharback, City Clerk
Approved as to
form.
2025/05/21
C. Grant
Approved as to
content.
2025/05/21
R. Higgs