By-law No. 2025-17 To provide for the Licensing of Vehicle(s) For Hire (taxis and limousines)

Huntsville, Ontario · No. 2025-17 · adopted 2025-02-24 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 9eb6c7de6cf9 · verified 2026-10-19 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE TOWN OF HUNTSVILLE BY-LAW NUMBER 2025-17 Being a By-law to provide the Licensing of Vehicle(s) For Hire with the Town of Huntsville WHEREAS section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of the Municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on municipalities to enable municipalities to govern their affairs as they consider appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purposes of exercising authority under the Municipal Act or any other Act; AND WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a lower tier municipality may pass By-laws within the spheres of jurisdiction set out therein; AND WHEREAS sections 151 and 160 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that a municipality may provide for a system of licenses with respect to a business and pass By-laws licensing businesses under any section of the Municipal Act or any other Act; AND WHEREAS section 425(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, states that a municipality may pass By-laws providing that a person who contravenes a By-law of the municipality passed under this Act is guilty of an offence; AND WHEREAS section 426(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, states 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 this Act or under a by- law passed under this Act; AND WHEREAS section 429 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, permits a municipality to establish a system of fines for offences under a By-law of the municipality passed under this Act and designates an offence as a continuing offence; AND WHEREAS the Council for the Town of Huntsville deems it expedient to establish regulations to control business activities relating to the Vehicle for Hire industry in the Town of Huntsville. AND WHEREAS Section 80 of O, Reg. 191/11 Integrated Accessibility Standards, under the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended, states that the Municipality shall ensure that owners and operators of taxicabs are prohibited from charging a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip and from charging a fee for the storage of mobility aids or mobility assistive devices; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF HUNTSVILLE ENACTS AS FOLLOWS: By-law 2025-17 - Vehicle for Hire Page 2 1.0 Definitions In this By-law: 1.1 "Approved Driver" means a Driver specified and approved under a valid License; 1.2 "Approved Premises" means all premises from which all or part of the Vehicle for Hire business, including Dispatch services, is operated, or at which three or more Vehicles for Hire may be parked at any time, as specified and approved under a valid License; 1.3 "Approved Vehicle" means a Vehicle for Hire specified and approved under a License; 1.4 "Broker" means any Person who owns or operates a Vehicle for Hire business, and/or dispatches Vehicles for Hire owned or operated by others; 1.5 "Broker/Driver" means a Broker that operates a Vehicle for Hire business with less than 3 registered vehicles; 1.6 "Call" means any request for the use of a Vehicle for Hire by a person(s), communicated in any manner which results in the transportation of a person(s) from one location to another for a fee, rate, renumeration, reimbursement or other monetary consideration of any kind paid, payable, promised, received or demanded, directly or indirectly; 1.7 "Certificate of Insurance" means a Certificate of Insurance as prescribed by the Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25, as amended, certifying that the Approved Vehicle is insured for public liability property damage and passenger hazard, with a minimum of $2,000,000 coverage per incident or occurrence; 1.8 "Charge" means to impose, advertise, or quote in written or verbal form a fee; 1.9 "Committee" means a committee that sits as an Appeals Committee as per the Appeals Committee By-law and the Appeals Committee Appointing By-law; 1.10 "Council" means the Council of The Corporation of the Town of Huntsville; 1.11 "Dispatch" means the communication of a Call, in any manner, between a Broker and their employees, contractors or agents, to provide a Vehicle for Hire to a Person(s); 1.12 "Driver" means a Person who operates a Motor Vehicle as a Vehicle for Hire; 1.13 "Fees and Charges By-law " means the Municipal By-law adopted by council which establishes fees schedule for the Town's services.; 1.14 "Highway" as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8; 1.15 "IASR" means the Integrated Accessibility Standards Regulation, O.Reg. 191/11; 1.16 "Initial Application" means an application for a License received from a Person not currently licensed or an application for renewal of a License received from an existing Licensed Broker after March 31 of the year in which that Broker's License is due to expire; 1.17 "Interim Application" means an amending application seeking to add additional drivers or vehicles to an existing active license prior to a renewal application becoming due; By-law 2025-17 - Vehicle for Hire Page 3 1.18 "License" means a License issued to a Broker under the provisions of this By-law and "Licensed Broker" has a corresponding meaning; 1.19 "Motor Vehicle" means a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8; 1.20 "Officer" means a person who is appointed by Council to enforce By-laws enacted and passed by Council; 1.21 "Person" means any person, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply, according to law; 1.22 "Replacement Motor Vehicle" means a Motor Vehicle intended to replace an Approved Motor Vehicle the Broker seeks to remove from the list of Approved Motor Vehicles authorized under the License; 1.23 "Safety Standards Certificate" means a Safety Standards Certificate as prescribed by the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended, that was issued within 60 days of an application being filed that includes the Motor Vehicle for which the certificate was issued; 1.24 "Town" means the Corporation of the Town of Huntsville and/or its geographical boundaries; 1.25 "Unregistered Driver, Premises and Vehicle" mean, respectively, a Driver, a Vehicle for Hire, or a Premises that is not specified and approved under a valid License; 1.26 "Vehicle for Hire" includes any Motor Vehicle that is kept, used or made available for use or service in response to any direct or indirect request, communicated in any manner, in exchange for a fee or other monetary consideration, which results in the transportation of one or more persons from one location to another where at least one such location is within the Town of Huntsville, but does not include a Motor Vehicle capable of carrying more than 8 passengers, a limousine, a bus, a vehicle used solely for courier services, an ambulance, a hearse or a vehicle used by a registered nonprofit or charitable organization; 2.0 Administration 2.1 Officers shall be responsible for the administration and enforcement of this By-law. 2.2 Upon receipt of an application for a License, an Officer shall review the application to ensure it complies with this By-law. Issued licenses and contact information will be posted on the Town's website. 2.3 No Person, including but not limited to a Broker, shall have a vested right to the continuation or re-issuance of a License. A License issued under this By-law is not transferable. 3.0 Prohibitions 3.1 No Person shall own or operate a Vehicle for Hire business in the Town without a valid License. 3.2 No Person shall operate, within the Town, an Unregistered Vehicle for Hire. 3.3 No Person shall act, within the Town, as an Unregistered Driver. By-law 2025-17 - Vehicle for Hire Page 4 3.4 No Person, including but not limited to a Broker, shall use Unregistered Premises for the operation of a Vehicle for Hire business. 3.5 No Person, including but not limited to a Broker, shall transfer, or direct the transfer of, a License. 3.6 No Person, including but not limited to a Broker or a Driver, shall: a. charge a person with disabilities an additional fee or a higher fare than persons without disabilities would be charged for the same trip; b. charge a fee for the loading, carriage or unloading of mobility aids or mobility assistive devices; c. dispatch or operate a Vehicle for Hire that is unfit for the road; or d. dispatch or operate a Vehicle for Hire that is not insured for commercial use under a Certificate of Insurance. 4.0 Timing and Terms of Licenses 4.1 An application (including fees) for a License that is requested for a full term (May 1 to April 30 of the following year) shall be submitted by March 31. Issuance of Licenses for which applications are received after March 31 may be delayed past May 1. The fee for applications submitted after March 31 shall not be prorated. 4.2 A License issued pursuant to this By-law shall expire upon the earliest of the following events: a. The next 30th day of April following the date of issuance; b. At the request of the license holder; c. Upon revocation or cancellation in accordance with this By-law. 4.3 A License issued pursuant to this By-law shall include a list of all Drivers, Premises and Vehicles approved under that License. Inclusion in such a list makes the named persons, places and vehicles, respectively, Approved Drivers, Approved Premises and Approved Vehicles. 4.4 Every Licensed Broker shall make available at least one Vehicle for Hire 24 hours a day 7 days a week 365 days a year. 4.5 Every Licensed Broker shall place vehicle registration and identification information on the rear bumper and within the taxicab as prescribed in the IASR. 4.6 Every Licensed Broker shall make available vehicle registration and identification information in an accessible format to persons with disabilities who are passengers as prescribed in the IASR. 4.7 The Director of Development Services may extend any active License for up to 1 calendar year, should there be a declared emergency that directly affects Licensed Brokers. 5.0 Licensing Requirements 5.1 All applicants under this By-law shall be 18 years of age or over. 5.2 An Initial Application for a License shall include: By-law 2025-17 - Vehicle for Hire Page 5 a. a list containing the names of all Drivers the applicant seeks to be Approved Drivers under the said License; b. a list containing addresses of all locations within the Town that the applicant seeks to use as Approved Premises under the said License, specifying how each such premises shall be used; c. a copy of the ownership of each Motor Vehicle the applicant seeks to operate as an Approved Vehicles under the said License; d. a Certificate of Insurance for each Motor Vehicle the applicant seeks to operate as an Approved Vehicles under the said License, which shows that vehicle is insured for commercial use; e. a Safety Standards Certificate for each Motor Vehicle the applicant seeks to operate as an Approved Vehicle under the said License; f. a Vulnerable Sector Check for the applicant seeking to become a Broker, and for each proposed Approved Driver; g. the completion of the Consent to Disclose Personal Information form contained in Schedule "B"; and h. the fee(s) as prescribed in the Fees and Charges By-law. 5.3 An Interim Application for additional Vehicles or Drivers shall include: a. a copy of the ownership of each additional or Replacement Motor Vehicle the applicant seeks to add to the Approved Vehicles list under the said License; b. a Certificate of Insurance for each additional or Replacement Motor Vehicle the applicant seeks to operate as an Approved Vehicles under the said License, which shows that vehicle is insured for commercial use; and c. a Safety Standards Certificate for each additional or Replacement Motor Vehicle the applicant seeks to operate as an Approved Vehicle under the said License; or in the case of proposed additional Driver d. a Vulnerable Sector Check for each additional Driver the applicant seeks to add to the Approved Drivers list under the said License; and with respect to either or both Motor Vehicles and Drivers e. any additional fee(s) as prescribed in the Fees and Charges By-law. 5.4 An application to renew a Broker's License shall include: a. Lists of all Approved Drivers no longer driving for the Broker and of all Drivers the Broker seeks to add to the list of Approved Drivers; b. Lists of all Approved Premises no longer being used by the Broker or for the Broker's Vehicle for Hire Business, and of all locations within the Town that the applicant seeks to add as Approved Premises, specifying how each such premises shall be used; c. Lists of all Approved Vehicles no longer being used in the Broker's Vehicle for Hire business, of Approved Vehicles the ownership of which has changed since the current License was issued, and of all Motor Vehicles the applicant seeks to add to the list of Approved Vehicles; d. A copy of the ownership of each Approved Vehicle whose ownership has changed, and of each proposed Approved Vehicle; e. A Certificate of Insurance for each Approved and proposed Approved Vehicle, which shows that vehicle is insured for commercial use; f. A Safety Standards Certificate for each proposed Approved Vehicle and an annual vehicle safety checklist completed for each Approved Vehicle; g. A Criminal Background Check for the Broker and each Approved Driver; h. A Vulnerable Sector Check for any proposed Approved Driver(s) and for a By-law 2025-17 - Vehicle for Hire Page 6 Broker and any Driver who will in the next year reach their 5th (fifth) anniversary of their last Vulnerable Sector Check; i. The completion of the Consent to Disclose Personal Information form contained in Schedule "B"; and j. The fee(s) as prescribed in the Fees and Charges By-law. 6.0 Issuance, Revocation, Suspension, Conditions and Grounds for Refusal of Licens 6.1 After reviewing an application and making any further enquiries they deem reasonably necessary, an Officer has the authority to issue, refuse, or renew a License, to revoke or suspend a License, and to impose terms and conditions on a License, including withholding approval of a specific Driver, Premises or Vehicle listed in the application. 6.2 An Officer shall refuse to issue a License to any Broker: a. who has been convicted of any offence included in sections 150 to 174 inclusive of the Criminal Code of Canada R.S.C. 1985 c. C46, as amended, (Sexual Offences), for which a pardon has not been granted; b. who submits false information or documents; c. who has not satisfied all of the requirements of this By-law; 6.3 No License shall be issued to any Person whose application does not include any premises of which the Officer approves. In particular the Officer shall not approve any premises in which the carrying on or operation of the business for which the application is being made is in contravention of any By-law of the Town or any applicable Provincial or Federal legislation. 6.4 An Officer may revoke a License if it was issued in error or granted based on incorrect or false information. 6.5 Upon confirmation of a contravention of this By-law, an Officer will record the associated strike against the License as outlined in Schedule A for no more than 1 year. 6.6 An Officer may revoke a license where 5 or more strikes have been accumulated over a 1-year period. 7.0 Appeals 7.1 Any and all appeals of a decision of the Licensing Issuer to refuse to issue or renew a License, to revoke or suspend a License, and/or to impose terms and conditions on a License shall be heard by the Committee. 8.0 Refunds 8.1 No refunds will be provided once an application has been reviewed, denied, revoked, or issued by an Officer. 9.0 Obstruction 9.1 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. By-law 2025-17 - Vehicle for Hire Page 7 9.2 Every Person who has been alleged to have contravened any of the provisions of this By-law, shall identify themselves to an Officer upon request. Failure to do so shall be deemed to have hindered or obstructed an Officer under section 9.1 of this By- law. 10.0 Penalties 10.1 Every Person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 10.2 Every Person guilty of an offence under this By-law may, if permitted under the Provincial Offences Act, R.S.O. 1990, c. P.33 pay a set fine and the Chief Judge of the Ontario Court Provincial division, shall be requested to establish set fines in accordance with Schedule "C" attached to this By-law. 10.3 Every individual who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine not exceeding $5,000, in accordance with the provisions of section 429(1) of the Municipal Act, S.O. 2001, c. 25, as amended. 10.4 Every corporation that contravenes any provision of this By-law is guilty of an offence and, upon conviction, is liable to a fine not exceeding $50,000 in accordance with the provisions of section 429(1) of the Municipal Act, S.O. 2001, c. 25, as amended. 11.0 Administrative Penalties 11.1 Every Person who contravenes any of the provisions of this By-law, including those contained in any of the Schedules, and every director or officer of a corporation which contravenes any provision of this By-law is guilty of an offence and may be subject to an Administrative Penalty or liable to a fine in keeping with the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 11.2 An Officer who finds that a Person has contravened any provision of this By-law may issue a penalty notice addressed to that Person. 11.3 Any Person who contravenes any provision of this By-law shall, upon issuance of a penalty notice pursuant to Section 11.2, be liable to pay to the Municipality an administrative penalty in the amount as noted within the Fee and Charges By-law. 11.4 An Officer has the right to issue an elevated fine as noted under the Fee and Charges By-law number, when a violation has reoccurred at the same property, or by the same Person. 11.5 The penalty notice shall be given to the Person to whom or to which it is addressed as soon as is reasonably practicable and shall include the following information: a. Particulars of the contravention, including to which business, vehicle or property it applies; b. The amount of the administrative penalty; and c. A statement advising that an administrative penalty will constitute a debt to the Municipality. 11.6 A person who has been issued a penalty notice shall pay the administrative penalty within fifteen (15) days from the date the notice was issued. By-law 2025-17 - Vehicle for Hire Page 8 11.7 An administrative penalty that is deemed to be confirmed constitutes a debt to the Municipality and may be added to the tax roll of the property on which the offence occurred. 12.0 Severability 12.1 If a Court of competent jurisdiction should declare any section or part of a section of this By-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the By-law and it is hereby declared that the remainder of the By-law shall be valid and shall remain in force. 13.0 Enforcement 13.1 This By-law shall be enforced by an Officer. 13.2 Nothing herein shall be deemed to limit the ability of the Ontario Provincial Police to enforce this By-law at any time. 14.0 Schedules 14.1 Schedules A, B and C attached form part of this By-law. 15.0 Repeal of By-laws 15.1 That By-law No. 2022-52 and any amendments thereto are hereby repealed upon receiving approval from the Ministry of the Attorney General for all the set fines as identified in Schedule "C" of this By-law. 16.0 Short Title 16.1 This By-law shall be known as the "Vehicle for Hire By-law." Enacted and passed this 24th day of February, 2025. __Signed_________________________ __Signed_______________________ Mayor (Nancy Alcock) Clerk (Tanya Calleja) By-law 2025-17 - Vehicle for Hire Page 9 THE CORPORATION OF THE TOWN OF HUNTSVILLE By-law No. 2025-17, Vehicle for Hire 'SCHEDULE "A" Offence Ranking Tool Item Short Form Wording Provision creating Defining Offence Associated Strike 1. Operate an Unregistered Vehicle for Hire 3.2 3 2. Charge a higher fare or an additional fee for persons with disabilities 3.6 (a) 2 3. Charge a fee for the storage of mobility aids or mobility assistive devise 3.6(b) 2 4. Fail to keep a Vehicle for hire in good repair 3.6(c) 3 5. Fail to maintain insurance for a Vehicle for Hire 3.6(d) 3 6. Hinder or obstruct an officer from performing their duty 9.1 3 By-law 2025-17 - Vehicle for Hire Page 10 THE CORPORATION OF THE TOWN OF HUNTSVILLE By-law No. 2025-17, Vehicle for Hire 'SCHEDULE "B" "Consent to Disclose Personal Information Form" Town of Huntsville, By-law Department Vehicle for Hire Consent to Disclose Personal Release of Records under the Municipal Freedom of Information and Protection of Privacy Act By signing the below you are acknowledging that the Town of Huntsville will be posting you business information including Company name and contact number of the municipal site. This allowance is to encourage Public transparency for those companies who remain in good standing with the Town of Huntsville's Vehicle for Hire By-law. Please note any reason for loss of license or non-renewal will result in the removal of this information from the municipal website. I, (first and last name) , authorize The Town of Huntsville to disclose the following information on the Municipal Website: Company Name: Company Contact Number: I understand the Purpose for Disclosing this information is to allow the Town of Huntsville to make this Publicly available as they seem fit. I understand that I can refuse to sign this consent form. This authorization is valid for the term of the license unless revoked. *Please note: If you are giving consent on behalf of someone else, you need to provide supporting documentation such as: power of attorney, guardianship, custody agreement, or certificate of appointment of estate trustee. Parents and guardians with custody may request information for minors under the age of 16 years. Notice of Collection: Personal information contained on this form is collected under the Freedom of Information and Protection of Privacy Act and will be used to answer your request. Questions about this collection should be directed to the Municipal Clerk. My Name (First and Last name) Telephone Number Signature Date (yyyy/mm/dd) By-law 2025-17 - Vehicle for Hire Page 11 THE CORPORATION OF THE TOWN OF HUNTSVILLE By-law No. 2025-17, Vehicle for Hire 'SCHEDULE "C" PART I PROVINCIAL OFFENCES ACT Item Short Form Wording Provision creating Defining Offence Set Fine 1. Operate without a Broker License 3.1 $1,000.00 2. 3. Operate an Unregistered Vehicle for Hire Act as an Unregistered Driver 3.2 3.3 $ 300.00 $300.00 4. Use Unregistered Premises 3.4 $300.00 5. Transfer a Broker License 3.5 $300.00 6. Charge a higher fare or an additional fee for persons with disabilities 3.6 (a) $1,000.00 7. Charge a fee for the storage of mobility aids or mobility assistive devise 3.6(b) $500.00 8. Dispatch or operate Vehicle for Hire unfit for road 3.6(c) $ 300.00 9. Dispatch or operate Vehicle for Hire that is not insured for commercial use 3.6(d) $ 300.00 10. Hinder or obstruct an Officer from performing their duty 9.1 $ 300.00 NOTE: The general penalty section for the offences indicated above is Section 7.0 of By-law No. 2022-52, as amended, a certified copy of which has been filed.