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The Corporation of the Municipality of Leamington
By-Iaw 30-26
By--Iaw to Provide for the Licensing, Regulating and Governing
of Taxicab Owners and Taxicab Drivers in the Municipality of Leamington
WHEREAS the Corporation of The Municipality of Leamington is empowered under
section 150(1) ofthe Municipal Act, 2001, S.O. 2001,
c. 25, as amended (the
"Act"), to
provide for a system of licences with respect to a business;
AND WHEREAS section 156(1) ofthe Act provides for the licensing, regulating and
governing of owners and drivers of taxicabs;
AND WHEREAS Council has determined that
it is appropriate and desirable to licence
taxicab drivers and taxicab owners for the purposes of ensuring the health and safety of
passengers and drivers alike, to ensure consumer protection, and to ensure that an
efficient taxicab service is available to all persons within the regulated area of the
Municipality of Leamington;
THEREFORE the Council of The Corporation ofthe Municipality of Leamington hereby
enacts as follows:
DEFINITIONS
1.
Forthe purposes ofthis by-law and annexed schedules:
"Appeal Committee" means the committee established by Council to hear appeals
from decisions of administrative officials made pursuant to a delegated power or duty;
"Applicant"
shall mean a Person applying for or renewing a Licence;
"Application"
shall mean the form of application, as provided by the Issuer of Licences;
"Building Code Act" shall mean the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, and the Regulations made thereunder;
"Business Premises" shall mean the address from which a Taxicab Owner carries on
the business of operating Taxicabs as identified in the Application submitted by the
Taxicab Owner for a Taxicab Licence or the address as changed by the Taxicab Owner
and approved by the Issuer of Licences;
"Comprehensive Zoning By-Iaw" shall mean the comprehensive zoning by-law
passed by Council pursuant to section 34 ofthe Planning Act, R.S.O. 1990, c. P.13, as
amended from time to time;
By-law 30-26, Taxicab By-Iaw
2
"Council" means the Council of The Corporation ofthe Municipality of Leamington;
"Dispatch" means the communication of an Order or information transmitted by radio,
radiophone or other electronic means between an owner or dispatcher and a driver;
"Fare" shall mean the charge or fee for a taxicab service as displayed on the Taxi Meter;
"Fee"
shall mean the fee as set out in the by-law passed by Council setting the user fees
for municipal services, as amended from time to time;
"FPPA" shall mean the Fire Protection and Prevention Act, 1997, 8.0. 1997, c. 4, as
amended, and the Regulations made thereunder;
"Highway Traffic Act" shall mean the Highway Traffic Act, R.S.O. 1990, c. H. 8, as
amended, and the Regulations made thereunder;
"inspection Checklist" shall mean the form of inspection checklist, as provided by the
Issuer of Licences, used to record the mechanical, safety and sanitary condition ofthe
Taxicab;
"issuer of Licences" shall mean the Director of Legal and Legislative Services, or his or
her designate;
"Licence"
shall mean the licence document issued pursuant to this by--law;
"Licensee" shall mean any Person to whom a current Licence is issued;
"Mobility Aids" shall mean an auxiliary aid such as a cane, crutches, or wheelchair
used, intended or required to be used by a Passenger;
"Model Year" shall mean the age ofthe Vehicle calculated from January 1st ofthe
Vehicle model year;
"Municipality" shall mean The Corporation ofthe Municipality of Leamington;
"0bstruct"
shall mean to hinder, mislead, knowingly provide false information or make
false claim or statement, or to prevent the execution of a duty;
"Offence" shall mean a conviction under the Criminal Code of Canada, R.S.Cl, 1985,
c.
C-46; the Controlled Drugs and Substance Act, S.C. 1996, c.
19; the Customs Act,
R.S.C., 1985, c.
1
(2nd Supp); the Food and Drugs Act, R.S.C., 1985, c. F-27; orthe
Highway Traffic Act;
"Officer"
shall mean a police officer, a provincial offences officer, a municipal law
enforcement officer or any other person as may be appointed by Council to enforce this
by--law;
By-Iaw 30--26, Taxicab By--law
3
"Order"
shall mean a request for the conveyance ofa Passenger by a Taxicab received
by a Taxicab Driver;
"Passenger" shall mean a person
in a Taxicab other than the Taxicab Driver;
"Person" means an individual, a partnership, or a corporation and the heirs, executors,
administrators or other legal representatives ofthe Person, as the case may be;
"Property Standards By--law" shall mean the by-law prescribing standards for the
maintenance and occupancy of all property passed by Council pursuant to section 15.1
ofthe Building Code Act, as amended from time to time;
"Safety Standards Certificate" shall mean a Safety Standards Certificate issued under
the Highway Traffic Act;
"Shift" shall mean the time within which a Taxicab Driver operates or is scheduled to
operate a Taxicab;
"Tariff" shall mean the rate for calculating a Fare permitted by the Municipality to be
charged to a Passenger in accordance with Schedule C of this by--law.
"Tariff Card" shall mean the card issued by the Issuer of Licences setting out the Tariff
permitted to be charged to a Passenger in accordance with Schedule C to this by-law;
"Taxicab" shall mean a motor vehicle with a seating capacity of six (6) or fewer
individuals, not including the driver, that transports Passengers for compensation or
reward;
"Taxicab Driver" shall mean a driver ofa Taxicab who has been issued a Taxicab
Driver's Licence by the Issuer of Licences;
"Taxicab Driver's Licence" shall mean the Licence issued to a Taxicab Driver;
"Taxicab Licence" shall mean a Licence issued to a Taxicab Owner designating a
specific Vehicle for use as a Taxicab;
"Taxicab Meter" means a measuring device approved by the lssuer of Licences and
used
in a Taxicab to calculate, amongst other things, the Fare payable for a Trip;
"Taxicab Owner" shall mean a Person who is the registered owner of a Taxicab and
who has been issued a Taxicab Licence;
"Taxicab Plate" or "Plate"
shall mean a metal or plastic plate issued to the Taxicab
Owner by the lssuer of Licences, which identifies a specific Taxicab;
"Taxicab Stand" shall mean an area or zone designated by a property owner and
approved by the Municipality to be used as an exclusive stopping place for Taxicabs to
By-Iaw 30--26, Taxicab By-law
4
await a Passenger;
"Trip" shall mean the distance traveiled with a Passenger or the distance to be travelled
with a Passenger, measured from the point at which the Passengertirst enters the
Taxicab to the point at which the Passenger finally leaves the Taxicab;
"Trip Record" shall mean the form of record which contains information about the Trip
travelled, including, but not limited to the date, the name ofthe Taxicab Driver, the
number ofthe Taxicab Plate, the location at which the Passenger first entered the
Taxicab, the location at which the Passenger finally exited the Taxicab, and the amount
of the Fare collected;
"Validation Tag" shall mean a tag or sticker issued to the Taxicab Owner by the Issuer
of Licences to be affixed to the Taxicab Plate on a yearly basis which identifies a
specific Taxicab;
"Vehicle" shall mean a motor vehicle.
INTERPRETATION
2.
The following schedules are attached hereto and form part ofthis by-law:
Schedule A -- Tariff of Rates
Schedule B -- Specifications for Roof Light
3.
If any section, subsection, schedule or part of parts ofthis by-law are declared by
any court of law to be bad, illegal or ultra vires, such section, subsection or part or
parts shall be deemed to be severable and all parts hereof are declared to be
separate and independent and enacted as such.
4.
Unless othen/vise defined, the words and phrases used in this by-law have their
normal and ordinary meaning.
5.
This by-law is gender-neutral and, accordingly, any reference to one gender
includes the other.
6.
References to items in the plural include the singular, as applicable, unless used
with a number modifying the term.
7.
Headings are inserted for convenience of reference purposes only, form no part of
this by--law and shall not affect in any way the meaning or interpretation ofthe
provisions ofthis by--law.
EXEMPTIONS
8.
This by-law shall not apply to:
By-law 30--26, Taxicab By-law
(a)
delivery Vehicles that transport only goods; and
(b)
Vehicles which are operating under written contracts for specialized services
including, but not limited to, the transportation of schoolchildren or workers.
GENERAL PROVISIONS
9.
No Person shall own a Taxicab without:
(a)
a Taxicab Licence;
10.
No Person shall:
(a)
operate a Taxicab; or
(b)
permit another Person to operate a Taxicab
without a Taxicab Plate being affixed to the Taxicab in a manner approved by the
Issuer of Licences.
11.
No Person shall:
(a)
operate a Taxicab; or
(b)
permit another Person to operate a Taxicab
without a current Validation Tag being affixed to the Taxicab Plate in a manner
approved by the Issuer of Licences.
12.
No Person shall:
(a)
affix a Taxicab Plate; or
(b)
permit a Taxicab Plate to be affixed
to any Taxicab except the Taxicab for which the Taxicab Plate was issued.
13.
No Person shall:
(a)
affix a Validation Tag; or
(b)
permit a Validation Tag to be affixed to any Taxicab except the Taxicab for
which the Validation Tag was issued.
14.
No Person shall operate a Taxicab without:
By--Iaw 30--26, Taxicab By-law
6
(a)
a Taxicab Driver's Licence; and
15.
No Person shall permit the operation of a Taxicab by a person without a Taxicab
Driver's Licence.
16.
No Person shali:
(a)
operate a Taxicab with a suspended Taxicab Licence; or
(b)
operate a Taxicab with a suspended Taxicab Driver's Licence.
17.
No Person shaii:
(a)
alter, erase or modify a Licence, Taxicab Plate or Validation Tag or any part
thereof; or
(b)
permit the alteration, erasure or modification of a Licence, Taxicab Plate or
Validation Tag or any part thereof.
18.
If a Taxicab Plate has been issued for a Taxicab, no Person shall use or operate
that Taxicab under a written contract for specialized services including, but not
limited to, the transportation of school children or workers.
19.
No Person shall:
(a)
operate a Taxicab; or
(b)
cause or permit a Taxicab to be operated
unless the Taxicab is insured under a policy of insurance as described in section
42 of this by--law.
20.
No Person shall:
(a)
operate a Taxicab without the Taxicab being equipped with a roof sign placed
on the roof ofthe Taxicab; or
(b)
cause or permit a Taxicab to be operated without a roof sign placed on the
roof of the taxicab
21.
No Person shall:
(a)
operate a Taxicab without a working Meter; or
(b)
cause or permit a Taxicab to be operated without a working Meter.
By-Iaw 30-26, Taxicab By-law
22.
No Person shall:
(a)
fail to place the Meter in a recording position when the Passenger first enters
the Taxicab and keep
it in a recording position throughout the entire Trip.
23.
No Person shall affix a Taxicab Plate to a Taxicab ifthe Taxicab Plate was
cancelled pursuant to section 57 of this by--law.
24.
Sections 9, 10, 11, 14, 15, 19 do not apply to Persons who own, operate or permit
the operation of a Taxicab transporting Passengers from a location outside the
geographic boundaries ofthe Municipality to a destination within the geographic
boundaries of the Municipality only.
25.
No Licensee shall:
(a)
use a Taxicab in the commission of or in aid of the commission of any
Offence;
(b)
knowingly permit a Taxicab to be used in the commission of or in aid ofthe
commission of any Offence.
26.
No Person shall Obstruct or attempt to Obstruct any Officer or the Issuer of
Licences or any other person having authority for the enforcement or
administration of this by-law.
ISSUER OF LICENCES
27.
The Issuer of Licences shall be responsible:
(a)
To perform or cause to be performed all ofthe administrative functions
required by this by-law.
(b)
To make or cause to be made all investigations required to give effect to this
by-law.
(c)
To receive, process and make a decision in respect of all Applications.
28.
Notwithstanding any other provisions ofthis by--law, the Issuer of Licences may,
in
his or her sole discretion, issue or renew a Licence on a temporary basis, or may
issue or renew a Licence subject to terms and conditions including special
conditions as he or she deems necessary to give effect to this by-law and, such
terms and conditions may include, but are not limited to, conditions to ensure
public safety, convenience and comfort of Passengers.
By--Iaw 30--26, Taxicab By-law
8
APPLICATION AND RENEWAL FEE
29.
The Fee payable with an Application for a Taxicab Licence or renewal thereof shall
not be refunded in whole or part for any reason.
30.
The Fee payable with an Application for a Taxicab Driver's Licence received after
October 315t
shall be prorated accordingly.
APPLICATION FOR A LICENCE -- TAXICAB OWNER
31.
Every Applicant for a Taxicab Licence or for a renewal thereof, shall complete and
submit the Application to the Issuer of Licences which Application shall be signed
by:
(a)
ifthe Applicant is an individual, the individual;
(b)
ifthe Applicant is a partnership, at least one partner; and
(c)
if the Applicant is a corporation, the officer or director having the authority to
bind the corporation.
32.
Every Application for a Taxicab Licence or for a renewal thereof, shall be
accompanied by:
(a)
ifthe Applicant is an individual or a partnership, proof satisfactory to the
Issuer of Licences that the individual or all partners in the partnership, as the
case may be, is/are at least eighteen (18) years of age;
(b)
if the Applicant is a corporation, a copy ofthe incorporating document
together with a list of the names and addresses of all current officers and
directors;
(c)
the applicable Fee;
(d)
a copy ofthe current passenger motor vehicle permit (ownership) issued in
the Applicant's name;
(e)
an original current Safety Standards Certificate dated no more than thirty
(30) days prior to the submission ofthe Application;
(f)
a copy of any work order or other documentation issued in the processing or
granting of the Safety Standards Certificate;
(g)
a current Ontario Standard Automobile Insurance Certificate and a Certificate
of Insurance issued and signed by a licensed insurance broker for the
(i)
By--law 30--26, Taxicab By--Iaw
Province of Ontario or an agent or employee of the insurer, which Certificate
of Insurance shall include:
i.
description of the coverage;
ii.
the policy number;
iii.
the effective date;
iv,
the expiry date;
v.
the details ofthe Vehicle covered;
vi.
a provision that the insured has no right to cancel the insurance policy
without fifteen (15) days' notice to the insurance company;
vii.
a provision that the insurance company will provide fifteen (15) days'
notice to the Municipality of any cancellation request, modification
and/or involuntary cancellation; and
viii.
confirmation ofthe insurance as set out in section 49 ofthis by--law;
a certificate of accuracy for any Meter for testing, inspection and sealing,
in a
form satisfactory to the Issuer of Licences; and
any other document that may be specifically requested by the Issuer of
Licences, including, but not limited to, an inspection certificate dated no more
than thirty (30) days prior to the submission ofthe Application in relation to
propane and natural gas Taxicabs.
DUTIES OF A TAXICAB OWNER
33.
Every Taxicab Owner shall:
Business Premises and Business Name
(a)
(b)
establish and maintain a Business Premises within the geographical
boundaries ofthe Municipality that is open and accessible to the public and
that is in compliance with the Comprehensive Zoning By-Iaw; the Building
Code Act, the FPPA and the Property Standards By-Iaw;
establish and maintain parking spaces, the size of which shall be in
accordance with the Comprehensive Zoning By--Iaw; the location of which
shall be in accordance with a sketch approved by the Municipality showing
sufficient parking spaces to accommodate every Taxicab owned by the
Taxicab Owner, which parking spaces shall be located:
(i)
atthe Business Premises, and/or
(ii)
at one (1) location that is not the Business Premises,
and in no case shall such parking spaces be located on municipally
owned lands or highways, nor shall the number of parking spaces be
less than as required by the Comprehensive Zoning By-Iaw;
By-law 30--26, Taxicab By--law
10
(c)
not promote or carry on business under any names other than the name
endorsed upon the Licence;
Minimum Number of Taxicab Licences
(d)
be issued and maintain a minimum of five (5) Taxicab Licences;
Insurance
(e)
keep and maintain insurance in accordance with section 49;
Orders
(f)
keep a record filed by date of all Orders including the date, time, address of
origin and name of the Taxicab Driver who received the Order,
(g)
retain the record required by subsection 30(9) for at least twenty--four (24)
months;
Trip Record
(h)
ensure the completion of a Trip Record by every Taxicab Driver;
(i)
keep a Trip Record for each Trip filed by the date ofthe Trip;
(j)
retain the Trip Record required by subsection 30(i) for at least
twenty--four (24) months;
Inspection Checklist
(k)
ensure the completion ofthe Inspection Checklist by every Taxicab Driver;
(I)
immediately repair all defective items that are required for the safe operation
ofthe Taxicab;
(m)
within thirty (30) days, repair all defective items that are not required for the
safe operation of the Taxicab;
(n)
keep a record filed by date of all Inspection Checklists;
(o)
retain the record required by subsection 33(n) for at least twenty four (24)
months from the date of inspection;
Tariff Card
(p)
place and maintain a current Tariff Card in every Taxicab in a location
designated by the Issuer of Licences;
By--law 30--26, Taxicab By-law
11
Taxicab
(q)
(r)
(S)
maintain a Taxicab to the standards as set out in section 51
of this by--iaw;
paint and keep painted a Taxicab with distinctive colours and different from
those coiours used to paint a Taxicab owned by any other Taxicab Owner;
provide and maintain a place in the Taxicab for the Taxicab Driver to place
his Taxicab Driver's Licence in the Taxicab in a location designated by the
Issuer of Licences;
Produce Taxicab for Inspection
(t)
upon notice of an Officer or the Issuer of Licences, produce a Taxicab for an
inspection at an appointed time and place, together with the following
documentation:
(i)
a copy ofthe current passenger motor vehicle permit (ownership) issued
in Applicant's name;
(ii)
a current Ontario Standard Automobile Insurance Certificate and a
Certificate of Insurance issued and signed by a Licensed insurance
broker for the Province of Ontario or an agent or employee ofthe
insurer, which Certificate of Insurance shall include:
1)
a description of the coverage;
2)
the policy number;
the effective date;
the expiry date;
the details ofthe vehicle covered;
a provision that the insured has no right to cancel the insurance
policy without fifteen (15) days' notice to the insurance company;
a provision that the insurance company will provide fifteen
(15) days' notice to the Municipality of any cancellation request
and/or involuntary cancellation; and
8)
confirmation ofthe insurance as set out in section 49 ofthis by-Iaw.
(iii)
Any other document that may be specifically requested by the Issuer of
Licences, including, but not limited to, an inspection certificate dated no
more than thirty (30) days prior to the submission ofthe Application in
By--Iaw 30--26, Taxicab By-law
12
relation to propane and natural gas Taxicabs.
not operate or permit to be operated a Taxicab in respect of which an Officer
or the Issuer of Licences has required an examination or inspection, prior to
the compietion of such examination and inspection to the satisfaction of the
Officer or the Issuer of Licences;
Produce all Documents for Inspection
(V)
upon request of an Officer or the Issuer of Licences, produce any and all
records that are relevant for the purposes ofthe administration and / or the
enforcement ofthis by-law, including but not limited to, Licences, Orders, Trip
Records, Inspection Checklists, maintenance records, insurance certificates,
and books of account;
Taxicab Driver
(X)
notify the Issuer of Licences within three (3) days of a Taxicab Driver no
longer being an employee ofthe Taxicab Owner;
notify the Issuer of Licences within three (3) days ofa Taxicab Driver
becoming an employee ofthe Taxicab Owner; and
Change of Information
(Y)
notify the Issuer of Licences within three (3) days of any change of the
information contained within the last Application submitted.
APPLICATION FOR A LICENCE - TAXICAB DRIVER
34.
Every Applicant for a Taxicab Driver's Licence or for a renewal thereof, shall
complete and submit the Application to the Issuer of Licences, which shall be
signed by the Applicant.
35.
An Applicant shall not be a partnership nor a corporation.
36.
Every Application for a Taxicab Driver's Licence or for a renewal thereof, shall be
accompanied by:
(a)
(b)
proof satisfactory to the Issuer of Licences that the Applicant is at least
eighteen (18) years of age;
proof satisfactory to the Issuer of Licences that the Applicant holds a valid
Class "G" Driver's Licence issued by the Province of Ontario according to the
records of the Ministry of Transportation;
(W)
By-law 30-26, Taxicab By-law
13
(C)
(d)
(e)
(f)
(g)
(h)
DUTIES OF A TAXICAB DRIVER
a copy ofthe Applicant's Ontario Driver Abstract record issued by the Ministry
of Transportation and the Driver Abstract record issued by each jurisdiction in
which the Applicant has been resident during the prior three hundred and
sixty-five (365) days, dated no more than thirty (30) days prior to the
submission ofthe Application;
proof satisfactory to the Issuer of Licences that the Applicant is a Canadian
citizen, landed immigrant, a permanent resident or has a work permit which
would permit the Applicant to work as a Taxicab Driver;
the original search results ofa Police Vulnerable Sector Check, enhanced
screening for those employed in positions working with vulnerable persons,
from each police service's jurisdiction in Canada in which the Applicant has
been resident during the prior three hundred and sixty-five (365) days, dated no
more than thirty (30) days prior to the submission of the Application;
two (2) original passport sized photographs ofthe Applicant, which shall be
acceptable for one renewal;
written confirmation from a Taxicab Owner in a form approved by the Issuer
of Licences that the Applicant shall be employed by the Taxicab Owner if the
Taxicab Driver's Licence is issued; and
the applicable Fee.
37.
Every Taxicab Driver shall:
Identification
(a)
(b)
place and maintain his Taxicab Driver's Licence in the Taxicab in a location
designated by the Issuer of Licences;
upon request of any Passenger, provide the following:
(i)
his name;
(ii)
the name, address, and telephone number ofthe Taxicab Company;
and
(iii)
the Taxicab Plate number;
upon request of any Passenger, make available the information set out in
subsection 37(b) available in an accessible format to persons with disabilities
By-law 30--26, Taxicab By--law
14
who are Passengers;
Appearance and Demeanour
(d)
(e)
present a neat and clean appearance and act in a professional and courteous
manner towards Passengers and the pubiic generally;
not be under the influence of any intoxicant or take, consume or have in
his/her possession any intoxicant;
Passengers
(f)
(g)
operate a Taxicab with no more Passengers than a number equal to the
maximum capacity of the Taxicab;
not have a Passenger under the age oftwelve (12) years old
in the front seat
of the Taxicab without first disengaging the front seat Passenger air bag;
subject to subsection 34(m), provide service to the first Passenger requiring
such;
not provide service to a second Passenger who is not travelling with the first
Passenger, except with the consent of both Passengers;
not have a person in a Taxicab who is not a Fare-paying Passenger;
drive the Taxicab in the most direct route from the location at which the
Passenger enters the Taxicab to the location of destination, unless otherwise
directed by the Passenger;
when a Passenger first enters a Taxicab, the Driver shall immediately place
the Taxi Meter in a recording position and keep
it in a recording position
throughout the Trip.
Notwithstanding section
(l), for Trips from any point in the municipality to any
point greater than 5km outside ofthe limits ofthe municipality, the Driver and
the Passenger may agree, before the start of the Trip to a flat rate.
At the conclusion of a Trip, the Driver shall call the Passenger's attention to
the amount of the Fare registered on the Taxi Meter and then place the Taxi
Meter into a non-recording position.
Taxicab Stands
(0)
use a Taxicab Stand
if a Taxicab Stand is present;
By-law 30--26, Taxicab By-Iaw
15
(p)
when entering a Taxicab Stand, position the Taxicab at the end of any line
formed by other Taxicabs and await his turn to accept a Passenger;
(q)
when the first Taxicab in line, accept the next Passenger requiring service;
(r)
remain in the Taxicab while using a Taxicab Stand;
(s)
while using a Taxicab Stand, not obstruct nor interfere with:
(i)
the use of the Taxicab Stand by any person;
(ii)
the surrounding traffic patterns;
Trip Record
(t)
complete a Trip Record for each Trip;
(u)
deliver the completed Trip Record to the Taxicab Owner at the end ofthe
Taxicab Driver's Shift;
Inspection Checklist
(v)
immediately prior to each Shift, inspect the Taxicab for all defective items
listed on the Inspection Checklist;
(w)
record on the Inspection Checklist all defective items noted or identified
during the inspection;
(x)
immediately report to the Taxicab Owner all defective items noted on the
Inspection Checklist;
(y)
retain the inspection Checklist with him during his Shift;
(z)
deliver the Inspection Checklist to the Taxicab Owner at the end of his Shift;
Tariff Card
(aa)
maintain a current Tariff Card in the Taxicab in a location designated by the
Issuer of Licences;
Taxicab
(bb)
while operating the Taxicab; keep and maintain both the interior and the
exterior ofthe Taxicab in a clean condition;
(cc)
not smoke; or permit any person to smoke, any pipe, cigar, cigarette or any
tobacco products in any Taxicab;
By--law 30--26, Taxicab By--law
16
Produce Taxicab for Inspection
(dd)
upon notice of an Officer or the Issuer of Licences, produce a Taxicab for an
inspection at an appointed time and place, including a designated mechanic
or a designated representative of the manufacturer of a Taxi Meter.
Produce ail Documents for Inspection
(ee)
upon request of an Officer ofthe Issuer of Licences, produce any and all
records that are relevant to the purposes ofthe administration and / or the
enforcement ofthis by--law, including but not limited to, Licences, Orders, Trip
Records, Inspection Checklists, maintenance records, insurance certificates,
and books of account;
Change of Information, Convicted of an Offence
(ff)
(99)
Parking
(hh)
notify the Issuer of Licences immediately upon any change of information
from the information provided within the last Application submitted; and
notify the Issuer of Licences immediately upon being charged or convicted of
an Offence.
not use any space made available for public parking whether for a fee or
otherwise, except for the purpose of and while actually engaged in picking up
or dropping off a Passenger.
Taxicab Meters
38.
Every Taxicab Owner shall affix to each Taxicab,
in respect of which such Owner
is licensed, a Taxi Meter which shall register distances traveled, record trips and
units, and compute Fares to be paid.
39.
Each Taxi Meter shall be:
(a)
illuminated between dusk and dawn;
(b)
in plain view of all Passengers;
(c)
adjusted
in accordance with the Tariffs prescribed
in Schedule
A of this by-law;
(d)
kept in good working condition at all times and not used when
defective in any way.
By-Iaw 30--26, Taxicab By--law
17
40.
No Taxicab Driver or Owner shall operate a Taxicab when a Taxi Meter has not
been adjusted
in accordance with the existing current Tariffs as set out in
Schedule A ofthis by--Iaw or when the operation of the Taxi Meter has not been
approved by the Issuer of Licences.
41.
No Taxicab Driver or Owner shall charge a Fare in excess ofthe amount recorded
by the Taxi Meter other than that permitted by Schedule A attached to this by-Iaw
and the Taxicab Driver or Owner shall keep the Taxi Meter in operation at all times
when the Taxicab is under hire.
Tariffs
42.
A Licensee shall charge a Passenger the Fare as calculated using the approved
Tariffs set out in Schedule A.
43.
No Licensee shall charge a higher Fare or a fee of any nature or kind to persons
with disabilities.
44.
No Licensee shall charge a higher Fare or a fee of any nature or kind for the
carrying or transporting a Passenger with Mobility Aids.
45.
Notwithstanding section 42, when a Trip will extend five (5) kilometers beyond the
geographic boundaries ofthe Municipality, prior to the commencement ofthe
Trip,
a Licensee and the Passenger may agree on a flat Fare for the Trip, but in no case
shall such Fare be less than that Fare as set out in Schedule A.
46.
No Licensee shall accept any form of payment ofthe Fare other than cash, debit or
credit card.
For greater clarity, no Licensee shall accept any other form of
currency, including, but not limited to coupons or other documents purporting to
take the place of currency.
47.
A Taxicab Driver may refuse a Passenger ifthe Taxicab Driver reasonably
believes that his personal safety is in jeopardy or that Passenger will not pay the
Fare.
INSURANCE
48.
A Taxicab Owner shall keep and maintain Standard OAP
1 Automobile policies of
insurance for each Taxicab which include a limit of liability not less than
$2,000,000.00 per accident exclusive of interest and costs for each Taxicab, which
includes loss or damage resulting from bodily injury to or death of one or more
persons or from loss or damage to property resulting from any one accident and
any standard OPCF endorsements required by a Taxicab Owner including but not
limited to OPCF 6A and OPCF 44.
49.
Notwithstanding any other provision of this by-law, when a Taxicab Owner, for any
By-law 30--26, Taxicab By--law
18
reason, ceases to have the insurance required pursuant to section 49, the Taxicab
Licence shall, as ofthe date on which the cessation of insurance came into effect,
be automatically suspended.
TAXICAB STANDARDS
50.
The following standards shall apply to Taxicabs:
(a)
(b)
(C)
(d)
(e)
The Taxicab shall have air conditioning.
All safety equipment and comfort systems shall be functioning including air
conditioning, windows, door handles, locks and seatbelts.
The interior of Taxicabs shall be clean and in good repair.
The exterior of a Taxicab shall be clean and free from visible signs of rust or
dents and paint shall be finished without scratches, chips or flakes.
The Taxicab shall be equipped with an electrically illuminated roof sign. The
sign shall be:
(i)
Designed and attached to the Taxicab in accordance with the
specifications set out in Schedule B;
(ii)
illuminated from one half hour before sunset to one half hour after
sunrise; and
(iii)
extinguished when a Taxicab is engaged for hire, en-route to a
Dispatched to pick up a Passenger, or othenNise unavailable for service.
No sign, emblem, decal, ornament or advertisement shall be displayed on the
interior or exterior ofthe Taxicab which has not been first approved,
in writing,
by the Issuer of Licences.
(g)
A Taxicab shall not be more than ten (10) Model Years old.
Advertising -- General
51.
No Person shall cause or permit advertising on the exterior or interior of a Taxicab
that does not comply with the following:
a)
all advertisements shall be approved by the Issuer of Licences, prior to being
placed on the interior or exterior of the Taxicab;
b)
only businesses operating
in the Municipality of Leamington shall be
advertised on the interior or exterior of a Taxicab;
By-law 30-26, Taxicab By-law
19
C)
placement ofthe advertising shall not create a distraction or safety hazard for
pedestrians or other motorists nor obstruct the Taxicab Driver's or
Passenger's View;
advertising shall not be offensive. inflammatory, obscene, racist, sexist,
discriminatory or distasteful in nature;
advertising shall not contain images or messages which relate to matters of
public controversy and sensitivity;
the Issuer of Licences shall determine the propriety of any advertising content
taking into account the protection and enhancement of the aesthetic qualities
and visual character ofthe Municipality;
9)
advertisements shall be manufactured and affixed by a professional company
or competent person. All material shall be maintained in good condition at all
times.
Manufacturers' recommendations should be followed to maintain and
clean the material;
reflective material shall not be used in any proposed advertisements;
when any advertising
is removed, should the vehicle paintwork be damaged
or discoloured, the Owner shall respray the Taxicab back to a recognized
manufacturer's base colour.
Exterior Advertising
J)
roof top or cartop advertising shall not be permitted on Taxicab;
k)
the use of electronic advertising on the exterior of the Taxicab shall not be
permitted;
advertisements on the exterior ofthe vehicle shall be restricted to decals and
lettering;
exterior advertising shall not extend beyond the dimensions ofthe Taxicab;
all exterior advertisements shall be securely attached to the Taxicab;
advertising shall not reduce the visibility of any Taxicab markings and
identifications required by this by-law.
Interior Advertising
P)
only (1) advertisement or electronic advertisement device shall be permitted
on the interior of the Taxicab;
By-law 30--26, Taxicab By--Iaw
20
q)
any screen shall be no larger than 15" (measured diagonally);
r)
the intensity of any screen shall not be such as to be visually intrusive. The
position ofthe screen shall not obstruct the Passenger's view ofthe Taxi
Meter and the visibility of the screen;
all equipment installed in the headrests ofthe Taxicab shall not be visible
from the Taxicab Driver position. The screen may be installed in the driver
and front passenger seat headrests, or other suitable locations agreed to by
the lssuer of Licences;
the installation shall not be such as to weaken the structure or any other
component part of the Taxicab or interfere with the integrity of the
manufacturer's original equipment;
in the case of digital media, the advertisement must not pose a health and
safety risk to the Taxicab Driver and the Passengers as a result of flickering
or other visual imagery.
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
52.
The lssuer of Licences may refuse to issue or renew a Licence to an Applicant
if:
(a)
(b)
(C)
(d)
(e)
(f)
The Applicant does not meet all ofthe requirements ofthis by--law.
The Application or other document provided to the lssuer of Licences by or on
behalf ofthe Applicant contains a false statement or provides false
information.
The past or present conduct ofthe Applicant, or of any partner,
in the case of
an Applicant which is a partnership, or any director, officer or shareholder of
the corporation, ifthe Applicant is a corporation, provides the lssuer of
Licences reasonable grounds to believe that the Applicant will not comply
with any federal or provincial statute or regulation or this by- law.
The Applicant has been convicted of an Offence.
The Business Premises or intended Business Premises do not comply with
the Comprehensive Zoning By-law; the Building Code Act, the FPPA and/or
the Property Standards By--law or the Business Premises or the intended
Business Premises are otherwise dangerous or unsafe.
The Applicant is not entitled to a Licence for any other reason set out in this
by--Iaw.
By-law 30--26, Taxicab By-Iaw
21
(g)
The Applicant is in default in payment of any fine arising from a conviction for
an offence under a municipal by-law.
APPEAL OF DECISION NOT TO ISSUE OR RENEW A LICENCE
53.
Where the Issuer of Licences refuses to issue or renew a Licence. upon payment
of the applicable Fee, an Applicant may appeal the decision of the lssuer of
Licences to the Appeal Committee.
54.
The lssuer of Licences shall provide notice,
in writing, to the Applicant of a decision
to refuse to issue or renew a Licence. The notice shall:
(a)
set out the grounds upon which the issuance ofthe said Licence is refused;
and
(b)
state that the Applicant may appeal the decision to refuse to issue or renew a
Licence by requesting a hearing before the Appeal Committee within fourteen
(14) days of receipt ofthe decision; and set out the process that the Applicant
or Licensee must follow in order to request such hearing as set out in the
Rules of Procedure ofthe Appeal Committee.
APPEAL OF DECISION TO ADD CONDITION TO A LICENCE
55.
Where the lssuer of Licences issues or renews a Licence subject to terms and
conditions including special conditions as the lssuer of Licences deems necessary
to give effect to this by-law and, an Applicant, upon payment of the applicable Fee,
may appeal the condition / or decision ofthe lssuer of Licences to the Appeal
Committee.
GROUNDS FOR SUSPENDING OR REVOKING A LICENCE
56.
In addition to any automatic suspension of a Licence pursuant to section 50, the
lssuer of Licences may suspend or revoke a Licence where:
(a)
The Licence was issued in error or was based on incorrect or incomplete
information provided by the Applicant or based on a false statement or false
information.
(b)
The conduct of any Licensee, or of any partner,
in the case of any Licensee
which is a partnership, or any director, officer or shareholder of the
corporation, ifthe Licensee is a corporation, provides the lssuer of Licences
reasonable grounds to believe that the Licensee will not comply with any
federal or provincial statute or regulation or this by--law,
(c)
The Licensee has been convicted of an Offence.
By-law 30--26, Taxicab By--Iaw
22
(d)
(e)
(g)
(h)
The Licensee has breached his duties as a Taxicab Owner or a Taxicab
Driver as set out in section 33 or section 37 as the case may be.
A Taxicab Owner has taken a Taxicab out of service contrary to the
provisions of sections 68 and 69.
The Licensee has faiied to comply with restrictions placed on his or her Taxi
Licence;
The Licensee wouid not be entitled to a Licence for any other reason set out
in this by-law.
The Licensee is carrying on an activity that is in contravention ofthis by-law,
or any other by-law, federal or provincial statute or regulation
(i)
The Applicant is in default in payment of any fine arising from a
conviction for an offence under a municipal by--law.
HEARING REGARDING SUSPENSION OR REVOCATION OF A LICENCE
57.
Where the Issuer of Licences believes that grounds exist to suspend or revoke a
Licence, the issuer of Licences shall provide notice,
in writing, to the Licensee that
a hearing ofthe matter will be held before the Appeal Committee. The notice shall:
(a)
(b)
in the case of a suspension of a Licence:
(i)
set out the grounds for suspending the Licence;
(ii)
set out the steps that the Licensee must take in order for the Issuer of
Licences to cancel the suspension of the Licence;
(iii)
set out the time within which those steps described in subsection
58(b)(ii) must be taken;
(iv)
state that failure to complete the steps required to be taken within the
time set out shall result in a revocation of the Licence;
(v)
set out the process that the Licensee must follow in order to be heard as
a party before the Appeal Committee as set out in the Rules of
Procedure ofthe Appeal Committee; and
(vi)
provide the date, the time and the place of the hearing.
in the case of a revocation of a Licence:
(i)
set out the grounds for revoking the Licence;
By--Iaw 30--26, Taxicab By-law
23
(ii)
set out the process that the Licensee must follow in order to be heard as
a party before the Appeal Committee as set out in the Rules of
Procedure of the Appeal Committee; and
(iii)
provide the date, the time and the place ofthe hearing.
SUSPENSION OF LICENCE WITHOUT A HEARING
58.
Notwithstanding subsection 58(a),
if the Issuer of Licences is satisfied that the
continuation ofthe Licence poses an immediate danger to the health or safety of
any person or to any property, the Issuer of Licences may, for the time and on
such conditions as he or she considers appropriate, without a hearing, suspend a
Licence subject to the following:
(a)
before suspending the Licence, the Issuer of Licences shall provide the
Licensee with the reasons for the suspension, either orally or in writing, and
an opportunity to respond to them; and
(b)
the suspension shall not exceed fourteen (14) days.
RETURN OF LICENCE AND TAXICAB PLATE
59.
Every Licence and every Taxicab Plate is, at all times, the property ofthe
Municipality;
is non--transferable unless stated otherwise in this by-law; and shall
be valid only in respect ofthe Person or the specific Taxicab identified therein, as
the case may be. No person enjoys a vested interest in the continuance of a
Licence and upon issuance, renewal, cancellation or suspension; all Licences
remain the property of the Municipality.
60.
When a Licence has been suspended or revoked, the Licensee shall return the
Licence and the Taxicab Plate and Validation Tag, as the case may be, to the
Issuer of Licences forthwith upon the suspension or the revocation, as the case
may be, failing which, a Licensee shall, upon demand, provide the same to an
Officer or the Issuer of Licences.
EXPIRY, RENEWAL AND SURRENDER OF A LICENCE
61.
A Licence shall expire annually on October 315'.
62.
Applications for renewal of a Licence shall be submitted to the Issuer of Licences
by September 30'" of each year allowing for renewals to be in place by November
13' of each year.
63.
A Licensee may surrender a Licence:
(a)
in the case of a Taxicab Driver, by delivering notice, in writing, together with
the Licence to the Issuer of Licences; or
By--law 30--26, Taxicab By-law
24
(b)
in the case of a Taxicab Licence, by delivering notice,
in writing, together with
the Licence and the Taxicab Plate and Validation Tag to the issuer of
Licences.
REMOVAL FROM VEHICLE
64.
When a Taxicab Licence has been revoked or when Taxicab Owner has
surrendered a Taxicab Licence, the Taxicab Owner shall remove from the Vehicle
that was used as a Taxicab:
(a)
the roof sign;
(b)
all identifying decals or markings;
(c)
taxi meter; and
(d)
all other items or markings that make the Vehicle appear to the public as a
Taxicab.
TRANSFER OF TAXICAB PLATE AND VALIDATION TAG
65.
In the event that a Taxicab Owner wishes to transfer a Taxicab Plate and
Validation Tag to a Vehicle, the Taxicab Owner shall, before using the Vehicle as
a Taxicab, complete and submit the Application to the issuer of Licences, which
Application shall be signed by:
(a)
ifthe Applicant is an individual, the individual;
(b)
ifthe Applicant is a partnership, at least one partner; and
(c)
ifthe Applicant is a corporation, the officer or director having
authority to bind
the corporation.
66.
Every Application for a transfer of a Taxicab Plate and Validation
Tag shall be accompanied by:
(a)
the applicable Fee;
(b)
a copy ofthe current passenger motor vehicle permit (ownership) issued in
Applicant's name;
(c)
an original current Safety Standards Certificate dated no more than thirty
(30) days prior to the submission ofthe Application; and
(d)
a copy of any work order or other documentation issued in the processing or
granting ofthe Safety Standards Certificate;
By-law 30--26, Taxicab By--law
25
(e)
a current Ontario Standard Automobile Insurance Certificate and a Certificate
of Insurance issued and signed by a Licensed insurance brokerforthe
Province of Ontario or an agent or employee of the insurer, which Certificate
of Insurance shall include:
(i)
a description of the coverage;
(ii)
the policy number;
(iii)
the effective date;
(iv)
the expiry date;
(v)
the details ofthe vehicle covered;
(vi)
a provision that the insured has no right to cancel the insurance policy
without fifteen (15) days' notice to the insurance company;
(vii)
a provision that the insurance company will provide fifteen (15) days'
notice to the Municipality of any cancellation request and/or involuntary
cancellation; and
(viii)
confirmation of the insurance as set out in section 49 ofthis by-Iaw,
any other document that may be specifically requested by the Issuer of Licences,
including, but not limited to, an inspection certificate dated no more than thirty (30)
days prior to the submission ofthe Application in relation to propane and natural
gas Taxicabs.
TAXICAB OUT OF SERVICE
67.
A Taxicab Owner shall notify the Issuer of Licences.
in writing, when a Taxicab has
been taken out of service for more than three (3) days.
Such notice shall include
the date upon which the Taxicab was taken out of service and shall be delivered to
the Issuer of Licences by the fourth (4th) day following such date.
68.
A Taxicab Owner shall not take a Taxicab out of service for more than fifteen (15)
consecutive days, nor an aggregate total number of thirty (30) days in a calendar
year, without the prior written consent ofthe Issuer of Licences.
LOST OR DESTROYED PLATES
69.
Lost, destroyed or defaced Taxicab Plates may be cancelled and replaced by the
Issuer of Licences upon the completing and submitting of an Application by the
Taxicab Owner accounting for the original Taxicab Plate to the satisfaction of the
Issuer of Licences and upon payment ofthe applicable Fee.
By--Iaw 30--26, Taxicab By-Iaw
26
NOTICE
70.
Any notice required by this by--law may be served personally or by registered mail
sent:
ifto the Licensee:
To the address included on the Licensee's
Application, or any change to that address which has
been provided by the Licensee
ifto the Issuer of Licences:
111
Erie Street North
Leamington, Ontario N8H 229
Attention: Issuer of Licences
71.
If a notice is served by registered mail, the service shall be deemed to have been
made on the fifth (5th) day after the day of mailing.
TRANSITION
72.
Every Licence issued pursuant to By--law 603-05, as amended, shall be deemed to
be a Licence issued under this by-iaw and every such Licence, unless revoked,
shall continue to be valid until October 315t, 2026, or when surrendered to or
revoked by the Issuer of Licences, whichever comes first.
73.
If an act has been validly commenced pursuant to the predecessor to this by-Iaw
and whether or not the authority for such act exists pursuant to this by-Iaw, such
act may be continued to its conclusion and,
if necessary, the portions of the
predecessor to this by-Iaw necessary to permit such act to be concluded shall be
deemed to remain
in effect for the purposes of bringing such act to a conclusion.
ENFORCEMENT PROVISIONS
74.
Any Officer or the Issuer of Licences may, at any time, enter upon or into a
Business Premises for the purpose of inspecting the Business Premises and any
and all records of a Licensee that are relevant to the purposes ofthe
administration and/or the enforcement ofthis by-Iaw, including but not limited to,
Orders, Trip Records, Inspection Checklists, maintenance records and books of
account.
75.
Any Officer or the Issuer of Licences may, at any time, enter a Taxicab or examine
or inspect a Taxicab or cause the examination or inspection of a Taxicab for the
purposes ofthe administration and/or the enforcement ofthis by-Iaw.
76.
Every Person who contravenes any section of the 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.
By-Iaw 30-26, Taxicab By--law
27
77.
Notwithstanding section 77 of this by-law, every Person who contravenes any
provision ofthis by-law and every director or officer of a corporation who concurs in
such contravention by the corporation is guilty of an offence and on conviction is
liable to a fine not exceeding $25,000i00.
78.
Notwithstanding section 77 ofthis by--law, a corporation that contravenes any
provision ofthis by-law is guilty of an offence and, upon conviction,
is liable for a
fine not exceeding $50,000.00.
79.
The court in which a conviction has been entered, and any court of competent
jurisdiction, thereafter, may make an order prohibiting the continuation or repetition
ofthe offence by the person convicted, and such order shall be in addition to any
other remedy and to any penalty imposed on the person convicted.
80.
lfthe fine remains unpaid the fine shall be deemed to be unpaid taxes for the
purposes of section 351 of the Act.
81.
Instead of laying a charge underthe Provincial Offences Act, R.S.O. 1990, c. P.33,
as amended, for a contravention of any provision ofthis By-law, an Officer may
issue an Administrative Penalty to the Person who has contravened this By-law,
in
accordance with the Municipality's Administrative Penalty System By--law 01--26.
82.
An Officer has the discretion to either proceed by way of an Administrative Penalty
or a charge laid under the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended.
If an Administrative Penalty is issued to the Person for a contravention
ofthis By-law, no Charge shall be laid against that same Person for the same
contravention.
83.
The amount ofthe Administrative Penalty for a contravention of a provision of this
By--Law is fixed as set out in Municipality's Administrative Penalty System By--law
01-26, as amended from time to time, or any successor by-law.
84.
A Person who is issued an Administrative Penalty shall be subject to the
procedures provided for in the Administrative Penalty System By-law 01-26, as
amended from time to time, or any successor by-law.
85.
An Administrative Penalty imposed on a Person pursuant to this By-law that is
not paid within fifteen (15) days after the day
it becomes due and payable,
constitutes a debt of the Person to the Municipality and may be added to a
municipal tax roll and collected in the same manner as municipal taxes.
REPEAL
86.
By-law 63--16 is hereby repealed.
By--Iaw 30-26, Taxicab By-law
28
87.
This by-law shall come into full force and effect upon the final passing thereof.
Read a first, second and third time and finally enacted this 10m day of March 10, 2026.
J29
I
r
All?
Hilda MacDonald, Mayor
l
gr
w»
Brenda M.
rcy,Clerk
This By-law was approved by Leamington Council on March 10, 2026. Written approval
of the by--law was given by Mayoral Decision MD-OO5-2026 dated March 10, 2026
By-law 30-26, Taxicab By-Iaw
Schedule A
Tariffs
29
For Trips from any point in the municipahty to
any point greater than 5km outside of the
municipality'
As determined by the Taxicab Driver
and agreed to by the Passenger
(before commencement of trip)
Metered Tariffs
Drop Rate/Tariff
$ 4.25
Meter Rate/Tariff
$ 1.58/km
Waiting per minute or fraction thereof
$.
5O
By--law 30-26, Taxicab By--Iaw
30
Schedule B
Specmcations for Roof Light
BOTI'OM VIEW
LENGTH
WIDTH
MINIMUM -- 10 INCHES
MINIMUM --4 INCHES
MAXIMUM--2O INCHES
MAXIMUM-- 10 INCHES
(DO
OO
FRONT VIEW
HEIGHT
MINIMUM -- 4.5 INCHES
MAXIMUM -- 12 INCHES
MUST BE HARD--WIRED OR BE ABLE TO PLUG INTO 12V LIGHTER OUTLET
MAGNET MOUNTED OR PERMANENTLY FASTENED TO ROOF OF THE VEHICLE
o
MUST BE ABLE TO BE TURNED ON/OFF TO SHOW IN SERVICE/OUT OF SERVICE
o
WHITE OR AMBER LIGHT SOURCE
o
MUST HAVE COMPANY NAME AND PHONE NUMBER