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THE CORPORATION OF THE TOWN OF GREATER NAPANEE
BY-LAW NO. 2025-0023
Being A By-law to Licence, Regulate and Govern
Taxicab Owners and Drivers in the Town of Greater Napanee
WHEREAS pursuant to Section 151 (1) of the Municipal Act, S.O. 2001 c.25 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 and may refuse to
grant a licence or to revoke or suspend a licence;
AND WHEREAS pursuant to Section 151 (1) of the Municipal Act, S.O. 2001 c.25 a
municipality may impose conditions as a requirement of obtaining, continuing to hold or
renewing a licence, including special conditions, as a requirement of continuing to hold
a licence at any time during the term of the licence; and to licence, regulate or govern
real and personal property used for the business and the persons carrying it on or
engaged in it;
AND WHEREAS Council deems it advisable, having regard among other matters to the
health and safety of the public, the protection of consumers, and the potential for public
nuisance, to enact a by-law to licence, regulate and govern Taxicabs cited as the 'Taxi
Licensing By-law'.
NOW THEREFORE the Council of The Corporation of the Town of Greater Napanee
hereby enacts as follows:
PART 1 - DEFINITIONS
1.1
In this By-law:
"Appeals Committee" means the current Council of the Town of Greater Napanee, or
any other body as appointed by future by-law;
"Applicant" means a person applying for a licence pursuant to this by-law;
"By-law Enforcement Officer" means any person appointed by the Town to enforce its
by-laws;
"Clerk" means the person appointed by by-law of the Town of Greater Napanee as the
Municipal Clerk, and their deputies and designates;
"Corporation" means The Corporation of the Town of Greater Napanee;
"Council" means the Council for The Corporation of the Town of Greater Napanee;
Town of Greater Napanee
Taxi Licensing By-law No. 2025-0023
Page 2 of 3
"Driver" means a person who drives a Taxicab and shall include any person engaged in
driving or operating any Taxicab for themselves or on behalf of any person and shall
include an Owner (as hereinafter defined) who drives or operates their own car as a
Taxicab;
"Driver's Abstract" means an Ontario Ministry of Transportation Driver Record
indicating the number of demerit points a driver has, if any, and any types of driving-
related offences in the previous three (3) years;
"Fare" means the amount charged to a person on a trip, together with any additional
charges allowed pursuant to this by-law;
"Licence" means authorization under this by-law to carry on the trade, business or
activity specified herein; and shall include the licence of a Taxicab Owner or a Driver;
"Licenced" means licenced under this by-law and not in breach of the provisions hereof;
"Licensing Officer" means such person or persons as may be designated by the Clerk
to administer and enforce this by-law;
"Limousine" means a motor vehicle kept or used for hire for the conveyance of
passengers by reservation only and solely on an hourly basis;
"Owner" means any person owning a Taxicab or Taxicabs licenced as such or required
to be licenced as such under this by-law and includes a person having the possession or
control of a Taxicab under a conditional sale agreement, rental, leasing agreement or
arrangement;
"Owner's Plate" means a laminated sticker issued to a Taxicab Owner containing the
assigned and registered Taxicab number;
"Passenger" means any person other than the Driver who is seated or otherwise situated
within a Taxicab;
"Person" shall include a natural individual and their heirs, executors, administrators or
other legally appointed representatives, a corporation, partnership or other form of
business association;
"Provincial Offences Officer" means a person appointed as such by Council pursuant
to the authority of the Provincial Offences Act and shall also include a police officer;
"Safety Standards Certificate" means a safety standards certificate issued pursuant to
the Highway Traffic Act and Regulations for a specific vehicle, which attests to the
mechanical fitness of such vehicle, signed by a registered mechanic who is not the Owner
or employed by the Owner of the Taxicab;
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Taxi Licensing By-law No. 2025-0023
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"Service Animal" means an animal required by a person with a disability for assistance,
and the person has documentation from one of the following regulated health
professionals confirming that the person requires the animal for reasons relating to their
disability:
i. A member of the College of Audiologists and Speech-Language Pathologists of
Ontario,
ii. A member of the College of Chiropractors of Ontario,
iii. A member of the College of Nurses of Ontario,
iv. A member of the College of Occupational Therapists of Ontario,
v. A member of the College of Optometrists of Ontario,
vi. A member of the College of Physicians and Surgeons of Ontario,
vii. A member of the College of Physiotherapists of Ontario,
viii. A member of the College of Psychologists of Ontario, or
ix. A member of the College of Registered Psychotherapists and Registered Mental
Health Therapists of Ontario.
"Taxicab" means any motor vehicle used for hire by any person for the conveyance of
persons or goods from place to place within the limits of the Town of Greater Napanee
but does not include a limousine, bus, ambulance, hearse or a vehicle operated by a non-
profit organization that is supplying a service to persons with disabilities;
"Town" means the geographic limits of the Town of Greater Napanee;
"Trip" means the distance and time traveled or estimated to be traveled, measured from
the time and location where the passenger or goods entered the Taxicab to the time and
location where the passenger or goods reached their destination, and left the Taxicab;
"Trip Sheet" means the written record of the details of each trip as recorded by the Taxi
Driver;
"Vulnerable Sector Check" means the documentation from a screening done by the
Ontario Provincial Police or a local police service for those working or volunteering with
vulnerable persons.
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Taxi Licensing By-law No. 2025-0023
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PART 2 - LICENSING REQUIREMENTS
Duties of the Clerk
2.1
Administration of this by-law shall be the responsibility of the Clerk who is hereby
authorized to issue Licences to Owners and Drivers in accordance with the
provisions of this by-law.
2.2
The Clerk is authorized to delegate enforcement of the by-law to a Licensing
Officer, By-law Enforcement Officer and/or a police officer as necessary and the
Clerk may continue to exercise such delegated powers despite the delegation.
2.3
The Licensing Officer will keep appropriate records of all Taxicab Licences
issued.
2.4
The Clerk is responsible for reviewing and responding to any complaints or non-
compliance issues in respect to this by-law.
General Licensing Requirements
2.5
No person shall operate a Taxicab in the Town as a Driver unless that person
has obtained a Taxicab Driver's Licence issued by the Town and said Licence
has not been suspended, revoked, or expired.
2.6
No Owner shall operate or permit to be operated a Taxicab or accept calls in any
manner for Taxicabs within the Town, unless that Owner has obtained a Taxicab
Owner's Licence and said Licence has not been suspended, revoked, or expired.
2.7
Notwithstanding Subsection 2.6, no Licence shall be required for the operation of
a Taxicab within the Town provided such Taxicab is licenced in another
municipality and is operating for the sole purpose of discharging a passenger
who was picked up outside the boundaries of the Town or under contract with a
school board, municipal, provincial, or federal agency.
2.8
No person shall promote or carry on a Taxicab business under any name other
than the name endorsed upon the Licence, except in accordance with the
provisions of this by-law.
2.9
No Licence may be leased, subleased, transferred, assigned, or used by any
person other than the licensee.
2.10 The term of each Licence shall, unless otherwise expressed in the Licence, be
valid from the first day of January or the date it is issued or renewed until the 1st
day of March of the following year, unless said Licence is suspended, revoked,
amended, or voluntarily relinquished to the Clerk sooner.
2.11 Every application for a renewal of any Licence issued pursuant to this by-law
shall be submitted to the Licensing Officer between January 1st and March 1st
prior to the Licence expiration. If a complete application for renewal of a Licence
is not delivered to the Licensing Officer by the expiry date of the licence (March
1), the licence shall be suspended until the renewal is complete, and the
applicant shall pay the late renewal fee as set out in Schedule "C" upon renewal.
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Taxi Licensing By-law No. 2025-0023
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2.12 Where a Taxicab Owner or Driver establishes a Taxicab company or starts
working as a Taxicab Driver for the first time within the municipality after
September 30th of any year, at the time of registration the Owner or Driver may
pay one-half of the applicable new license fee as set out in Schedule "C", as may
be amended by Council from time to time.
2.13 No person shall be licenced as a Taxicab Owner or Driver unless they:
a)
are a citizen of Canada, or are legally able to work in Canada;
b)
are at least 20 years of age;
c)
hold a valid Driver's Licence issued by the Province of Ontario which
permits the operation of a passenger vehicle;
d)
provide a completed application in the form required by the Licensing
Officer as well as all documentation required by this by-law;
e)
pay the prescribed licence fee to the Licensing Officer as set out in
Schedule "C"; and
f)
otherwise comply with all provisions of this by-law.
2.14 The Licensing Officer may require an applicant to provide additional information
that the Licensing Officer in their sole discretion deems relevant to the
application.
2.15 Acceptance of the application and fee by the Clerk or Licensing Officer shall not
represent approval of the application for the issuance of a Licence, nor shall it
obligate the Clerk and/or Licensing Officer to issue a Licence.
2.16 Applicants are required to submit applications in complete form and the Licensing
Officer is not required to accept an application unless it is in complete form.
Notice of Change of Information
2.17 When a licensee changes their name, address or any information relating to the
Licence, the licensee shall notify the Licensing Officer within 48 hours after the
change of information relating to the Licence and shall return the Licence
immediately to the Licensing Officer for amendment.
PART 3 - TAXICAB OWNER REGULATIONS
Owner Licence Application
3.1
In order to obtain an Owner's Licence an applicant must submit to the Licensing
Officer:
a)
a completed application in the form required by the Licensing Officer
which includes the make, model, year and seating capacity of each
vehicle to be Licenced, and the name, address, and contact information of
the Owner;
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Taxi Licensing By-law No. 2025-0023
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b)
the current Ontario Ministry of Transportation passenger motor vehicle
ownership permit in the applicant's name for the vehicle or vehicles to be
Licenced, or a copy of a lease agreement showing them as lessee of the
vehicle or vehicles to be Licenced;
c)
a Safety Standards Certificate issued within 36 days of the date of the
application for the vehicle or vehicles to be Licenced;
d)
a valid Ontario Standards Automobile Insurance Policy to show the vehicle
or vehicles to be Licenced are insured;
e)
a valid Certificate of Insurance which shows compliance with the
provisions of Part 5 of this by-law;
f)
the prescribed licence fees paid in full, and in addition to the provisions of
this section, the vehicle(s) to be used shall be submitted for inspection by
a By-law Officer or other person appointed by the Town, and the Owner
must provide proof of same to the Licensing Officer and the vehicle(s)
must not be used as a Taxicab until the inspection has taken place which
verifies compliance of the vehicle(s) with the requirements of this by-law.
3.2
Upon a Taxicab Owner's initial registration and upon each annual renewal, one
licence shall be issued to the Taxicab owner which notes the year, make, model,
and Vehicle Identification Number of each vehicle licenced under the Taxicab
Owner for that year. When an Owner disposes of a Taxicab and/or acquires a
replacement vehicle, the Owner shall, before operating the replacement vehicle,
or permitting it to be operated as a Taxicab:
a)
submit the replacement vehicle to the Licensing Officer for inspection and
provide the original documentation required under this by-law for an
Owner's Licence; and
b)
return the disposed vehicle's Owner's Plate to the Licensing Officer and
have the Licensing Officer amend the Owner's Licence by removing
reference to the Taxicab disposed of and adding reference to the
replacement Taxicab and receiving a new Owner's Plate for the
replacement Taxicab.
Vehicle Requirements
3.3
Every Licenced Taxicab Owner shall:
a)
keep at all times in the Taxicab a copy of the original of each of the
following documents:
i. the current Ontario Ministry of Transportation passenger motor
vehicle ownership permit issued for that Taxicab;
ii. a current Ontario Standards Automobile Insurance Policy for that
Taxicab;
b)
have in or on the Taxicab, as appropriate:
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Taxi Licensing By-law No. 2025-0023
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i. a current Owner's Plate, which shall include the vehicle
registration number as provided by the Town, placed and visible
on the rear bumper of the taxicab;
ii. affixed, the current fare rate in a location visible to passengers at
all times;
iii. affixed, the current Taxicab Owner's Licence issued under this
by-law; and
iv. an electronically illuminated sign which is securely attached to the
top of the Taxicab indicating that the vehicle is a Taxicab and
showing the name or telephone number of the Owner of the
Licenced Taxicab; and the status light must be illuminated when
the headlights are on and the Taxicab is vacant;
c)
repair any mechanical defect in the Taxicab within a reasonable time;
d)
keep a daily Trip Sheet showing the following information, for each
Taxicab:
i. the Provincial motor vehicle permit number for the Taxicab;
ii. the name of the Taxicab Driver(s);
iii. a record of all trips made by the Taxicab that day;
iv. the date, time, and location of the beginning and the termination
of each trip; and
v. the amount of the fare collected for each trip;
e)
retain all Trip Sheets for at least twelve (12) months and make them
available for inspection at the request of the Clerk, Licensing Officer or
Provincial Offences Officer; and
f)
make available vehicle registration and identification information in an
accessible format to persons with disabilities who are passengers.
Owner Prohibitions
3.4
An Owner shall not:
a)
permit a Taxicab to be operated with mechanical defects of which the
Owner is aware;
b)
affix, or permit any person to affix, any Owner's Plate issued pursuant to
this by-law to any vehicles except the vehicle for which it was issued;
c)
operate a Taxicab, or permit a Taxicab to be operated, which is not
Licenced under this by-law;
d)
allow or permit a Taxicab to be operated when it is not clean, sanitary and
dry and the interior is in good repair;
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e)
allow or permit a Taxicab to be operated when the exterior is not clean or
it has exterior body damage or significant rust;
f)
operate or permit a Taxicab to be operated for the purpose of transporting
children to or from schools, except in compliance with the provisions of
Schedule "D" of this by-law;
g)
fail to display the name of the Owner clearly on the exterior of the Taxicab;
h)
permit the operation of a Taxicab by a person who does not possess a
valid Taxicab Driver's Licence issued under this by-law;
i)
charge a higher fare or an additional fee for persons with disabilities than
for persons without disabilities for the same trip; and
j)
charge a fee for the storage of mobility aids or mobility assistive devices.
General Taxicab Inspections
3.5
The Licensing Officer may give notice to the Licenced Taxicab Owner of a
general inspection during the Licence year for each Taxicab owned. Such
inspection may be done on a random basis at a time and place determined by
the Licensing Officer.
3.6
Upon receipt of a notice of inspection under the foregoing section, the Owner or
a Licenced Driver shall attend with the Taxicab at the appointed time and place.
After such inspection, the Licensing Officer may require the Taxicab Owner to
produce a Safety Standards Certificate issued pursuant to the Highway Traffic
Act attesting to the mechanical fitness of the vehicle issued within 36 days of the
inspection date.
PART 4 - TAXICAB DRIVER REGULATIONS
Driver Licence Application
4.1
In order to obtain a Taxicab Driver's Licence an applicant must submit to the
Licensing Officer:
a)
a completed application in the form required by the Licensing Officer;
b)
a valid Driver's Licence issued by the Province of Ontario which permits
the operation of a passenger vehicle;
c)
a current Vulnerable Sector Check, dated within 60 days of the application
date, for the applicant which shall be obtained by the applicant at their
own expense which indicates that there are no criminal convictions
against the applicant in accordance with the Criminal and Driver Record
Screening Policy attached as Schedule "A";
d)
a current Driver's Abstract, dated within 60 days of the application date,
which shall be obtained by the applicant at their own expense which
indicates that there are no criminal convictions against the applicant in
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Taxi Licensing By-law No. 2025-0023
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accordance with the Criminal and Driver Record Screening Policy
attached as Schedule "A"; and
e)
the prescribed licence fees paid in full.
4.2
Notwithstanding paragraph 4.1(c), in the case of renewal applications, the
applicant may provide every other year a signed declaration that there are no
active charges on their record at the time of the annual renewal.
4.3
The Licensing Officer or designate shall take a photograph of every applicant to
be placed on their licence, which shall be filed and used upon renewal
applications of each applicant, until a new photograph is to be taken as
necessary, as determined by the Licensing Officer.
Taxicab Driver Regulations
4.4
Every Licenced Taxicab Driver must:
a)
at all times while driving a Taxicab, display the Taxicab Driver's Licence
issued under this by-law visible to passengers using the Taxicab;
b)
upon the request of any passenger, or when there is any complaint or any
dispute about the fare, give the passenger a receipt that includes the
Taxicab Driver's name, Taxicab Driver's Licence number, Owner's Plate
number, the amount of the fare, and the name of the Owner of the
Taxicab; and refer any dispute to the police;
c)
carry a valid Ontario driver's licence at all times when operating a Taxicab;
d)
punctually keep all appointments and engagements and shall not make
any appointment if a previous engagement would prevent the Driver from
fulfilling it;
e)
be at liberty to refuse to serve any person who:
i. is threatening or disorderly;
ii. refuses to give the destination;
iii. is in possession of an animal, other than a Service Animal;
iv. is eating or drinking any food or beverage;
v. has not paid a previous fare; or is, in the opinion of the Driver,
unable or unwilling to pay the fare and has been unable to satisfy
the Driver that they have the funds to pay the fare;
vi. refuses to extinguish smoking materials;
vii. is in possession of any banned or toxic substances;
viii. has in their possession any weapons or devices that may cause
bodily harm in the opinion of the Driver; and/or
ix. wants to be driven to a remote or isolated location;
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f)
render such assistance as may be necessary so that the passenger may
enter or leave the Taxicab, however no Driver shall be required to carry a
passenger;
g)
be civil, speak in an appropriate manner and behave courteously;
h)
be properly dressed, well groomed, neat and clean in personal
appearance;
i)
drive the Taxicab in the most direct travelled route to the point of
destination unless otherwise directed by the passenger;
j)
keep in the Taxicab a current street guide or map of the Town and
surrounding area satisfactory to the Licensing Officer;
k)
turn off any radio, cd player or any other sound producing mechanical
device in the Taxicab, with the exception of the two way radio, upon being
requested to do so by any passenger, and in having done so, shall leave
such devices in the off or turned down position until termination of the trip
with the passenger;
l)
before commencing their assigned daily duties, inspect the Taxicab for
interior and exterior cleanliness and damage and for any mechanical
defects and shall immediately report any defects or damage to the
Taxicab Owner;
m)
throughout the operating period, ensure that the vehicle is in good repair
and is maintained in a clean and sanitary condition;
n)
report any and/or all defects in the Taxicab to the Owner at the end of
each shift or upon discovery if the condition is unsafe and/or unsanitary;
o)
take due care of all personal property entrusted to their care for pick up
and/or delivery as part of their assigned duties that are not prohibited
commodities;
p)
immediately upon termination of any hiring engagement, search the
Taxicab for any property lost or left therein and, all property or money left
in the Taxicab shall forthwith be delivered to the office of the Owner for
safekeeping;
q)
levy taxi fares in a transparent manner;
r)
when called to a house or other place for picking up passengers, notify the
person calling the Taxicab of their presence; and
s)
make available vehicle registration and identification information in an
accessible format to persons with disabilities who are passengers.
Taxicab Driver Prohibitions
4.5
A Taxicab Driver shall not:
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a)
carry liquor, wine or beer in any Taxicab at any time provided that this
paragraph shall not be intended to exclude the carrying of the liquor, wine
or beer of any passenger who is a bona fide passenger in the Taxicab;
b)
smoke, or permit anyone to smoke, any pipe, cigar, cigarette, e-cigarette,
or any tobacco or cannabis products in any Taxicab;
c)
carry any passenger, other than paying passengers, while the vehicle is
being used as a Taxicab or while on duty,
d)
carry in a Taxicab a greater number of passengers than is set out in the
vehicle manufacturer's rating of seating capacity for such vehicle;
e)
while waiting at a Taxicab stand or any other public place:
i. obstruct or interfere in any way with the normal use of the
Taxicab stand or public place or interfere with the surrounding
traffic patterns;
ii. park in any signed and/or prohibited 'no parking', 'no stopping'
zones in accordance with the Town of Greater Napanee's Parking
By-law;
iii. make any loud noise or disturbance;
iv. be unable to observe the Taxicab at all times; or
v. make repairs to the Taxicab unless the repairs are immediately
necessary;
f)
drive a Taxicab with luggage or any object placed in, hung on, or attached
to the vehicle in such a manner as will obstruct the Driver's view of the
highway;
g)
take, consume or have in the Driver's possession any alcohol, drugs or
intoxicants while they are in charge of a Taxicab;
h)
take on any additional passengers after the Taxicab has departed with
one or more passengers from any one starting point except under the
following circumstances:
i. when done at the request of the passenger already in the vehicle;
ii. in an emergency situation;
iii. when operating a vehicle which is being exclusively used for the
transportation of children to and from school;
i)
drive a Taxicab which does not have an Owner's Plate, as provided by the
Town, placed and visible on the rear bumper of the Taxicab;
j)
drive a Taxicab whose Owner is not a Licenced Taxicab Owner;
k)
be required to accept any parcel/product when the expenditure of money
by the licenced Taxicab Driver is required on behalf of the passenger;
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l)
engage in soliciting their passengers for any purpose whatsoever,
including recommending hotels, restaurants or other like facilities unless
requested to do so by the passenger;
m)
be required to provide change for any note larger than fifty ($50.00) dollars
unless the Fare is at least one-half (½) of the value of the said note;
n)
operate a Taxicab unless such vehicle:
i. is equipped with a spare tire and jack ready for use for that
vehicle;
ii. meets the standards for the issue of a Safety Standards
Certificate;
iii. interior is clean, dry, sanitary, free from debris and in good repair;
iv. exterior is clean and in good repair - free from significant rust
and/or exterior body damage and with a well-maintained exterior
paint finish;
o)
induce any person to engage the Taxicab by any misleading or deceiving
statement or representation to that person about the location or distance
of any destination named by that person;
p)
induce or permit any person to engage the Taxicab when the Driver is
aware that another Taxicab has been dispatched to pick up the person
provided that when the passenger exhibits a preference for that Taxicab,
and if so, the chosen Driver shall notify the other Taxicab Driver who has
been dispatched;
q)
have in a Taxicab or on the Driver while on duty, the use of any device
capable of scanning two-way radio calls;
r)
subject to the provisions of this by-law and except for a tip, gratuity or
credit card service charge, recover or receive any fare from any
passenger or persons including persons with disabilities, who demanded
the services, which is a higher fare than the fare displayed;
s)
recover or receive any fare or charge from any person to whom the Driver
has refused to show the fare rates;
t)
make any charge for time lost through defects or inefficiency of the
Taxicab or incompetence of the Driver;
u)
make any charge for the time elapsed due to early arrival of the Taxicab in
response to a call for the vehicle to arrive at a fixed time; or
v)
charge a fee for the storage of mobility aids or mobility assistive devices.
PART 5 - INSURANCE
5.1
A licenced Owner must provide proof of current and valid Ontario standard
automobile insurance in the amount of a minimum of $2,000,000.00 per
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occurrence (exclusive of interest and costs) against loss or damage resulting in
bodily injury to or the death of one or more persons, or from loss or damage to
property resulting from any one incident; and the said policy shall make provision
for passenger hazard in an amount of not less than $2,000,000.00.
5.2
The insurance policies shall clearly acknowledge that the vehicle is being used
for purposes of a Taxicab and shall include all necessary coverages as are
reasonable for the transportation of persons and/or property.
5.3
The insurance policy shall be endorsed to provide that the policy or policies shall
not be altered, cancelled, or allowed to lapse without 30 days written notice to the
Town.
5.4
No Owner shall be issued a Taxicab Owner's Licence without a Certificate of
Insurance from the Owner's insurance company submitted to the Licensing
Officer which shows the required coverage and endorsements.
5.5
When a Licenced Taxicab Owner ceases to have a current and valid Ontario
standard automobile insurance policy in good standing and properly endorsed in
accordance with the provisions of this by-law, the Licence shall be deemed to be
suspended as of the date on which the cessation of insurance came to the
attention of the Licensing Officer, and the Licence shall only be reinstated if the
Licensing Officer is provided with written proof of insurance in accordance with
the provisions of this by-law.
5.6
When the Licenced Taxicab Owner has its Licence(s) suspended under the
foregoing section, the Owner shall forthwith remove the Owner's Plate and return
the Owner's Plate and the Licence to the Licensing Officer.
5.7
When a Licenced Taxicab Owner cancels the current insurance before the expiry
date of the policy, the Owner must produce a certificate of newly acquired
insurance or return the Taxicab Owner's Plate to the Licensing Officer on the
date and time of the cancellation.
5.8
All insurance renewal policies or certificates of insurance shall be filed with the
Licensing Officer five (5) days prior to the expiry date of the current insurance
policy.
PART 6 - REVOCATION, SUSPENSION OR CANCELLATION OF LICENCE
6.1
The Clerk may revoke, suspend, cancel, or refuse to issue or renew a Licence
where the licensee has been found by the Clerk or Licensing Officer to be:
a)
in breach of any provision of this by-law;
b)
conducting activities which may be averse to the public interest; or
c)
in breach of any other law.
6.2
When a Licenced Taxicab Driver has had their Province of Ontario Driver's
Licence suspended, cancelled, or revoked, or where the Ontario Driver's Licence
has expired, the Licence issued under this by-law shall be deemed to be
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Taxi Licensing By-law No. 2025-0023
Page 14 of 15
suspended as of the date of suspension, cancellation, revocation, or expiration of
the Province of Ontario Driver's Licence.
6.3
A Licence issued to an Owner under this by-law may be cancelled by the Clerk at
any time if the Owner fails to operate a Taxicab for a period exceeding one
month, unless the Owner can show to the satisfaction of the Clerk just cause for
such failure.
6.4
Notice of a decision by the Clerk to revoke, suspend, cancel, or refuse to issue or
renew a Licence shall be given to the applicant by personal delivery or prepaid
mail.
Surrender of Licence
6.5
When a Licence issued under this by-law has been suspended, cancelled, or
revoked, the holder of the Licence shall return the Licence and if applicable, the
Owner's Plate to the Licensing Officer within 24 hours of service of written notice
of such suspension, cancellation, or revocation. The Licensing Officer shall return
the Licence and if applicable, the Owner's Plate to the holder of the Licence if the
Taxicab is returned to service within 60 days of such suspension or revocation,
failing which such Licence shall be deemed to be cancelled.
6.6
If an Owner fails to renew a Licence or, when a person has had the Licence
revoked, cancelled, or suspended, under this by-law, the person shall not refuse
to deliver, or in any way, obstruct or prevent the Licensing Officer from obtaining
the Licence and the Owner's Plate.
Hearing
6.7
Where the Clerk or Licensing Officer has revoked, cancelled, suspended, or
refused to issue or renew a Licence under this by-law, the applicant or licensee
may appeal this decision to the Appeals Committee by submitting, within 14
calendar days of receiving notice, a notice of appeal of the said decision in
writing, together with the fee as provided in Schedule "C" to the Clerk.
6.8
Upon receiving an appeal from an applicant, the Appeals Committee shall
conduct a public hearing in accordance with the procedures set out in the
Statutory Powers Procedure Act, R.S.O. 190, c. S.22.
6.9
The applicant shall be given at least 7 days written notice of such hearing,
mailed, or delivered to the address shown in their application.
6.10 At the review hearing, the onus shall be upon the applicant of licensee to show
cause why:
a)
the licence applied for should be granted;
b)
conditions should not be imposed on the Licence; or
c)
the Licence should not be revoked.
6.11 Any motion made at the hearing resulting in a tied vote means the motion is
defeated.
Town of Greater Napanee
Taxi Licensing By-law No. 2025-0023
Page 15 of 16
6.12 Following the public hearing, the Appeals Committee may;
a)
Issue a Licence with or without conditions; or
b)
Deny any application for a Licence or revoke a Licence if it is satisfied that
issuing the Licence or permitting it to continue would be averse to public
interest, or for failure to comply with any of the provisions of this by-law.
6.13 A decision of the Appeals Committee is final and binding upon the applicant or
licensee.
PART 7 - PENALTY
7.1
Any person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to:
a)
such fines and other penalties as provided for under the Provincial
Offences Act, R.S.O. 1990, c.P-33, as amended; or
b)
suspension or revocation of any Licence issued under this by-law; or
c)
both a) and b).
PART 8 - SCHEDULES
8.1
All schedules referred to in this by-law and attached hereto are deemed to be
part of this by-law.
PART 9 - ENACTMENT
9.1
That Town of Greater Napanee By-law No. 2011-06, as amended, is hereby
repealed.
9.2
This By-law shall come into full force and effect on the date of its passing.
PART 10 - VALIDITY
10.1 If any section, clause or provision of this by-law is for any reason declared by a
Court of competent jurisdiction to be invalid, the same shall not affect the validity
of the by-law as a whole or any part thereof, other than the section, clause or
provision so declared to be invalid and it is hereby declared to be the intention of
Council that the remaining sections, clauses or provisions of the by-law shall
remain in full force and effect until repealed, notwithstanding that one or more
provisions of this by-law shall have been declared to be invalid.
Read a first and second time and finally passed this 25th day of March, 2025.
___________________________
_____________________________
Terry Richardson, Mayor
Jessica Walters, Clerk
Town of Greater Napanee
Taxi Licensing By-law No. 2025-0023
Page 16 of 17
TOWN OF GREATER NAPANEE
Schedule "A" to By-law 2025-0023, Taxi Licensing By-law
Criminal and Driver Record Screening Policy
The Town of Greater Napanee accepts their responsibility to the citizens of Greater
Napanee for many special events, programs, services, committees, licensing
responsibilities, and community activities involved in its municipal government
operations and duties and is committed to the following policy to support the provision of
a safe, sound, and positive experience within our areas of responsibility and programs.
Vulnerable Sector Check
For all Taxicab Owners and Drivers, a Vulnerable Sector Check is completed. Every
Licenced Taxicab Owner or Driver is obliged to immediately inform the Town if they are
charged, tried, convicted or involved in any way in a police investigated matter related to
any of the below-noted offences under the Criminal Code or under other provincial or
federal statutes. A declaration of this must be completed every other year.
A copy of a Vulnerable Sector Check shall be supplied with all applications for Taxicab
Owners or Drivers Licences and will be kept on record in accordance with the Municipal
Freedom of Information and Protection of Privacy Act.
In general, individuals with past Criminal Code convictions for certain offences will not
be granted a Licence under this by-law.
These offences include, but are not limited to, the following with exclusion time frames
listed:
a) If imposed in the last five years:
i.
any criminal offence involving the use of a motor vehicle, including but not
limited to impaired driving; or
ii.
Any violations for trafficking under the Controlled Drug and Substances
Act.
b) If imposed in the last ten years:
i.
Any crime of violence including but not limited to, all forms of assault; or
ii.
Any criminal offence involving a minor or minors.
c) If imposed at any time:
i.
any criminal offence involving the possession, distribution, or sale of any
child-related pornography;
ii.
any sexual offence involving a minor or minors; or
iii.
any offence involving fraud.
After the exclusion timeframes have elapsed the applicant is not automatically
reinstated in good standing. The Clerk will review their application and decide if the
applicant should be accepted. If the applicant is accepted, they will be on a probationary
term of two (2) years during which time their participation will be monitored. There will
be no review or appeal on a lifetime ban.
Town of Greater Napanee
Taxi Licensing By-law No. 2025-0023
Page 17 of 18
Applicants may also be rejected as a result of other information gained during the
Driver's Abstract screening process as a whole, or as a consequence of other factors
which are directly relevant to the requirements of the position, and to the ability of the
applicant to carry out their duties in an effective, safe manner. Individuals with more
than nine (9) demerit points in the previous thirty-six (36) months showing against their
Ontario Driver's Licence at the time of application will be denied a Licence.
The applicant has the right to know why they are being refused and may appeal in
accordance with this by-law.
Town of Greater Napanee
Taxi Licensing By-law No. 2025-0023
Page 18 of 19
TOWN OF GREATER NAPANEE
Schedule "B" to By-law 2025-0023, Taxi Licensing By-law
Taxi Rates and Fares
1. Trip fare fees shall be set at the discretion of the Licenced Taxicab Owner and shall
be communicated to the passenger prior to engagement.
2. An Owner may enter into contractual agreements for services described in this by-
law and may establish fees for such contractual services at their discretion.
3. In accordance with the Accessibility for Ontarians with Disabilities Act (AODA), 2005
and Ontario Regulation 191/11- Integrated Accessibility Standards, owners and
drivers of Taxicabs are hereby prohibited;
a) from charging a higher fare or an additional fee for persons with disabilities than
for persons without disabilities for the same trip; and
b) from charging a fee for the storage of mobility aids or mobility assistive devices.
Town of Greater Napanee
Taxi Licensing By-law No. 2025-0023
Page 19 of 20
TOWN OF GREATER NAPANEE
Schedule "C" to By-law 2025-0023, Taxi Licensing By-law
Licence Fees
Type of Licence
New Licence Fee
Renewal Licence Fee
Taxicab Owner's Licence
(first Taxicab)
$150.00
$125.00
Taxicab Owner's Licence
(each additional Taxicab)
$30.00 per vehicle
$25.00 per vehicle
Taxicab Driver's Licence
$40.00
$30.00
Other Fees
Replacement for Taxicab Driver's or
Owner's Licence
$15.00
Replacement fee for loss of Owner's Plate
$30.00
Fee to Appeal a Decision under the By-
law
$30.00
Late Renewal Fee (Taxicab Driver)
$80.00
Late Renewal Fee (Taxicab Owner)
$150 for first vehicle, $60 for each additional
vehicle
Town of Greater Napanee
Taxi Licensing By-law No. 2025-0023
Page 20 of 20
TOWN OF GREATER NAPANEE
Schedule "D" to By-law 2025-0023, Taxi Licensing By-law
Regulation for the Use of Taxicabs for the Transportation of
Children to and from School
1.
No licenced Taxicab Owner and no licenced Taxicab Driver shall use any vehicle
for the transportation of children to and from school unless such vehicle is
licenced as a Taxicab by the municipality.
2.
A Taxicab Driver shall not permit a child to stand in the Taxicab while it is in
motion.
3.
A Taxicab Driver must not operate a Taxicab unless every child is secured with a
seatbelt.
4.
The Taxicab shall carry, on the rear, signs not less than 275 mm by 350 mm in
size, clearly and visibly displaying the words "School Vehicle" in black letters on
white or yellow background.
5.
The sign referred to in clause (4) shall be carried only when the Taxicab is
actually engaged in transporting children to and from school and shall be
removed when the Taxicab is engaged in any other business.