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By-law 2022-20
A BY-LAW TO PROVIDE FOR THE LICENSING AND REGULATION OF
MOBILE BUSINESSES IN THE CITY OF MARKHAM
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
("Municipal Act") provides that a municipality may pass by-laws respecting health,
safety and well-being of persons and protection of persons and property, including
consumer protection; and
WHEREAS Section 150 of the Municipal Act defines a business as any business,
activity or undertaking wholly or partly carried on within the municipality even if the
business is being carried on from a location outside the municipality; and
WHEREAS Section 151(1) of the Municipal Act provides that a municipality may
provide for a system of licenses with respect to a business, as defined in section 150
of the Municipal Act, and may prohibit the carrying on or engaging in the business
without a license, refuse to grant a license or revoke or suspend a license, impose
conditions as a requirement of obtaining, holding, or renewing a license, and license,
regulate or govern real and personal property used for a business and the persons
carrying it on or engaged in it; and
WHEREAS Section 391(1) of the Municipal Act provides that a municipality may
impose fees and charges on persons for services or activities provided or done by or
on behalf of it; and
WHEREAS Section 434.1 of the Municipal Act provides that a municipality may
require a person to pay an administrative penalty if the municipality is satisfied that a
person has failed to comply with a by-law of the municipality passed under the
Municipal Act; and
WHEREAS Section 434.2(1) of the Municipal Act provides that an administrative
penalty imposed by a municipality on a person constitutes a debt of the person to the
municipality;
NOW THEREFORE the Council of The Corporation of the City of Markham enacts
as follows:
1.0
DEFINITIONS
"Accessible Taxicab" means a Taxicab which can be used for the transportation of
passengers unable to board regular vehicles due to physical disability, and for
transporting of passengers in wheelchairs or who use other accessibility devices for
hire or reward and which has been approved by the Licensing Officer for this
purpose
"Accessible Taxicab Driver" means the operator of an Accessible Taxicab who
holds and maintains or is required to hold and maintain a valid Accessible Taxicab
Drivers License and who transports ambulatory and/or non-ambulatory passengers
"Accessible Taxicab Owner" means the owner of an Accessible Taxicab who is
licensed or required to be licensed under the provisions of this By-law
By-law 2022-20
Page 2
"Additional Fee" means a fee, in addition to the Licence fee, imposed by the City
on a Business at any time during the term of the Licence for cost incurred by the City
attributable to the activities of the Business.
"Airport Taxicab" means a Taxicab with a valid Greater Toronto Airport Authority
Taxicab permit to Operate at Toronto Pearson International Airport as a Taxicab.
"Applicant" means a Person applying for a Licence or Licence renewal under this
By-law.
"Appellant" means a Licensee that is appealing a decision of the Licensing Officer
under the provisions of this By-law.
"Business" has the same meaning as provided for in Section 150 of the Municipal
Act and means any business wholly or partly carried on within a municipality even if
the business is being carried on from a location outside the municipality and
includes,
(a) trades and occupations,
(b) exhibitions, concerts, festivals and other organized public amusements
held for profit or otherwise,
(c) the sale or hire of goods or services on an intermittent or one-time basis
and the activities of a transient trader,
(d) the display of samples, patterns or specimens of goods for the purpose of
sale or hire.
"Certified Driver's Abstract" means a certified three (3) year driver's record
issued by the Ministry of Transportation.
"City" means The Corporation of the City of Markham.
"Clerk" or "City Clerk" means the Clerk of the City, as appointed under the
authority of the Municipal Act, 2001, S.O. 2001, c.25, as amended.
"Collision" means unintended contact resulting from the motion of a Motor Vehicle
and/or its load with another Motor Vehicle or other thing.
"Collision Scene" means the general location or place where a Collision occurred.
"Conditions" includes special Conditions which are imposed upon a Business in a
class that have not been imposed on all of the businesses in that class, as a
requirement of obtaining, continuing to hold or renewing a Licence.
"Council" means the Council for The Corporation of the City of Markham.
"Customer" extends to any Person with whom a Business transacts, engages, or
deals directly.
"Customer Bill of Rights" is a statement of principles outlining the rights,
responsibilities and expectations of Taxicab Drivers and Passengers while engaged
in the provision of Taxicab service.
"Dispatch" means the communication of a Taxicab Order or information in any
manner between a Taxicab Broker and a Taxicab Driver, and includes the act or
service of sending or directing a Taxicab, by electronic or any other means, to a
Person who has requested Taxicab service, but does not include a request made
directly to a Taxicab Driver.
By-law 2022-20
Page 3
"Driver" means a Person who is licensed or required to be licensed under this By-
law to drive a Taxicab, Limousine, Tow Truck, Driving School Vehicle, or
Refreshment Vehicle.
"Driving School" means any place or part thereof operated for the purpose of
instructing a Person to Operate a Motor Vehicle or for preparing a Person for any
examination for a Driver's Licence issued by the Province of Ontario.
"Driving School Instructor" means a Person who is in the Business of teaching or
giving instruction from within a motor vehicle to another Person on how to drive or
operate a Motor Vehicle.
"Driving School Owner" means a Person who is the Owner of a Driving School
Vehicle who is licensed or is required to be licensed to carry on the Business of
teaching a Person to drive or Operate a Motor Vehicle, who may Employ a Driving
School Driver, and who to teach or give instruction in the operation of a motor
vehicle, and who owns a Driving School.
"Drop Fee" means any fee or commission paid to the Owner or Driver of a Tow
Truck or to a Tow Truck Company in return for the Towing or otherwise conveying
of a Vehicle to a particular place, which fee is in addition to the amount which the
Owner or Driver of the Tow Truck is authorized to charge to the Customer in
accordance with the provisions of Schedule 6.
"Dues" means any amount charged by a Taxicab Broker to a Taxicab Owner or to
the Lessee of a Taxicab, to receive Taxicab Orders from the Taxicab Broker.
"Employed" includes any Business relationship between an Owner and Driver or
Operator, whether on a salary, hourly wage, commission or independent contract or
other basis, and the terms employee and employment have a corresponding meaning.
"Exclusive Concession Agreement" means an agreement which gives a Person the
sole right to provide Taxicab service to or from any public transportation terminal,
hotel, motel, Taxicab Stand or any other similar point of public assembly.
"Fare" means the amount that shall be calculated using a Taxicab Meter or PTC
Platform in accordance with this By-law
"Food Handler's Certificate" means a certificate issued by the Regional
Municipality of York Public Health Department to a Person who has completed their
Food Handling Certification Program.
"Hearing" means a proceeding held in person, by conference telephone, or by some
other City-approved form of communication using Electronic Technology Devices
allowing persons to communicate with one another and in accordance with the
process set out in Section 15 of this By-law;
"Hearing Non-appearance Fee" means an Administrative Fee established by
Council from time to time in respect of a Person's failure to appear at the time and
place scheduled for a review before a Hearing Officer
"Hearing Officer" means a person duly appointed to conduct Hearings under By-
law 2022-XX, as amended.
"Highway" includes a common and public Highway, street, avenue, parkway, lane,
driveway, square, place, bridge, viaduct or trestle, including the area between the
lateral property lines thereof and includes unopened and unassumed road allowances.
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H.8, as
amended.
By-law 2022-20
Page 4
"Illuminated Roof Light" is a device containing a light and that is mounted on the
roof of a Taxicab for the purpose of identifying the Vehicle as such, and which,
when the Taxicab Meter is engaged, the light in the device is not illuminated
indicating that the Taxicab is not available for hire.
"Lease" means an agreement between an Owner and a Driver, under which the
Owner provides their Taxicab Owner's Plate or Licence sticker to be used by the
Taxicab Driver to Operate a Vehicle as a Taxicab.
"Lessee" means a Person who is in possession of a Taxicab Licence Plate under a
Lease agreement with the Taxicab Licence Owner.
"Licence" means the plate or identification card issued under this By-law.
"Licensee" means any Person licensed under this By-law.
"Licensing Officer" means the Supervisor of Business Licensing & Standards and
includes their designate(s)
"Licence Renewal Sticker" means an annual validation sticker issued to a Licensee
for the term of the Licence.
"Licensing Section" means the Business Licensing & Standards Unit within the
Legislative Services and Communications Department of the City of Markham.
"Limousine" means a Motor Vehicle which is not a Taxicab, not equipped with a
Taxicab Meter, with a seating capacity for not less than five (5) Passengers and not
more than eight (8) Passengers including the Driver. This definition includes
Vehicles which are recognized by the automobile industry as luxury Vehicles and
which may have been altered from the original manufacturer's length dimensions,
and are operated by a Driver used for hire for the purpose of the transportation of
Passengers for gain or reward. This definition includes a luxury sport utility Vehicle,
but does not include a panel truck, bus, or van.
"Mechanical Defect" means damage to, or failure of a part, component or feature
of, a Motor
Vehicle
"Motor Vehicle" includes an automobile and any other Vehicle propelled or driven
other than by muscular power, but does not include the cars of electric or steam
railways or other Motor Vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, or road building machine within the meaning
of the Highway Traffic Act.
"Motor Vehicle Permit" means a permit issued by Registrar of Motor Vehicles for
a Vehicle by the Ministry of Transportation.
"Officer" means a person designated by the City for the enforcement of this By-law
and includes but is not limited to a Municipal Law Enforcement Officer employed by
the City, an Ontario Provincial Police Officer, a York Regional Police Officer, or
any other Person authorized by the City to enforce or perform inspections pursuant to
this By-law;
"Ontario Driver's Licence" means a Licence issued under Section 32 of the
Highway Traffic Act to drive a Motor Vehicle on a Highway.
"Operate" means to drive or have care and control of a Vehicle whether the Vehicle
is in motion or not and includes to hold oneself out for hire or Solicit for the
transport, Towing or conveying of a Person or Vehicle and/or equipment.
By-law 2022-20
Page 5
"Operator" means the person directly or indirectly responsible for the operation of a
vehicle including the conduct of the driver of the vehicle and the carriage of goods or
passengers, if any, in the vehicle
"Owner" means a Person who is licensed or required to be licensed under this By-
law as the Owner or Lessee of a Taxicab, Limousine, Tow Truck, Driving School
Vehicle, or Refreshment Vehicle.
"Park" means land and land covered by water and all portions thereof owned or
made available by lease, agreement or otherwise to the City of Markham that is or
hereafter may be established, dedicated, set apart, or made available for use as public
open space including a natural park area or as environmentally significant area,
"Passenger" means any Person in a Vehicle licensed by the City other than the
Driver.
"Person" includes an individual, a corporation, partnership, proprietorship or other
form of Business association and their heirs, executors, administrators, successors
and assigns, or other legal representatives .
"Person with a Disability" means a Person who has a disability as defined in
Section 2 of the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005,
Chapter 11, as amended.
"Plate" means any Licence Plate, metal or otherwise, issued by the City for the
purposes of this By-law.
"Platform" means any software, technology, or service, including a radio, telephone
line, website, or smartphone application, intended to connect passengers with a
Private Transportation Company, and may also include the facilitation of payment.
"Prearranged" means a written or oral reservation made with a Limousine in
advance of the service by a Person requesting Limousine service for a specified time.
"Premises" means any premises licensed or required to be licensed under this By-
law and includes any trade or calling required to be so licensed.
"Private Transportation Company" or "PTC" means any Person who facilitates
or operates a Ride-Sharing Service through a Platform
"Private Transportation Company (PTC) Driver" means any Person who drives a
Motor Vehicle to provide Ride-Sharing Services.
"Products" includes goods, wares, crafts, jewellery, refreshments, foodstuffs,
merchandise or any other items whatsoever.
"Property" means a building or part of a building, and includes the lands and
properties appurtenant thereto and all mobile homes, mobile buildings, mobile
structures, outbuildings, fences and fixtures thereon whether heretofore or hereafter
erected, and includes vacant Property;
"Public Garage" means a parking station or parking lot where a charge is made for
such service, a building or place where motor vehicles are hired or kept or used for
hire, a building or place where gasoline or oils are stored or kept for sale, a building
or place used as a motor vehicle repair shop, a building or place used for washing or
cleaning motor vehicles, or a Vehicle Pound.
"Public Place" means a place to which the public has access.
"Refreshment" means any food, beverage, or any other edible commodity meant for
human consumption.
By-law 2022-20
Page 6
"Refreshment Vehicle" means a Vehicle which is used or is intended to be used for
the Sale of Refreshments and includes a Refreshment Vehicle - Type 1, 2, and 3.
"Refreshment Vehicle Operator" means a Person licensed or required to be
licensed who is employed by a Refreshment Vehicle Owner and Operates or assists
in any Refreshment Vehicle.
"Refreshment Vehicle - Type 1" means a Motor Vehicle that is licensed or
required to be licensed and is designed for or intended to be used for the Selling,
offering for sale, serving, and/or dispensing of Refreshments, and includes but is not
limited to Vehicles such as coffee trucks.
"Refreshment Vehicle - Type 2" means a trailer or cart that is licensed or required
to be licensed and is designed for or intended to be used for the Selling, offering for
sale, serving, and/or dispensing of Refreshments, and includes but is not limited to
hot dog carts.
"Refreshment Vehicle - Type 3" means a Vehicle licensed or required to be
licensed and is designed for or intended to be used for the Selling, offering for sale,
serving, and/or dispensing of ice cream;
"Refreshment Vehicle - Type 4" means a large motorized vehicle, equipped with
facilities for cooking, selling, and offering for sale, serving and/or dispensing food or
refreshments, including but not limited to Vehicles such as Food Trucks;
"Registered Lessee" means a Person licensed as a Driver and operating a licensed
Taxicab, under the terms of a Lease which is filed with the Licensing Section.
"Registered Owner" means the person shown to be the Owner of a Motor Vehicle
according to the records maintained by the Registrar of Vehicles for the Province of
Ontario.
"Ride Sharing Service" means the use of a Platform of a PTC and a Motor Vehicle
with a capacity of fewer than eight Passengers, other than a licensed Taxicab,
Accessible Taxicab, or Limousine, for the conveyance of Passengers for a fee.
"Run Sheet" means a record of Tows and/or conveyances made by a Tow Truck
Driver.
"Safety Standard Certificate" means a Safety Standard Certificate issued pursuant
to Sections 88 to 100 of the Highway Traffic Act and is issued by a government-
approved Motor Vehicle inspection station after a Vehicle passes an inspection
which covers the minimum safety requirements for vehicles in the Province of
Ontario.
"Schedule" means one or all the Schedules attached to this By-law.
"Schedule of Rates" means the rates charged by a Licensee for service performed.
"Secretary" means the Licensing Co-ordinator of the Business Licensing &
Standards Department
"Sell" or "Sale" means to display, place or expose any refreshments to a customer.
"Smoke or Smoking" includes the holding or carrying of a lighted cigar, cigarette,
pipe, e-cigarette, electronic vaporizer or any other lighted, heated or otherwise
activated smoking or vaporizing equipment, used to smoke or consume any tobacco
or non-tobacco substance or product;
By-law 2022-20
Page 7
"Solicit" means to present for consideration, acceptance or refusal, and/or to express
readiness or show intention to be made available by verbal, gesture, printed, or
graphic connotations, and includes the graphic or printed detailing on a Vehicle.
"Special Event" means any event which is being held either as a community, social,
sporting, cultural group celebration, or other similar event where Refreshments are
offered for Sale;
"Special Event Organizer" means the organizer and/or coordinator of a Special
Event;
"Special Event Vendor" means an Owner or Operator of a Refreshment Vehicle,
licensed or required to be licenced, that is participating in a Special Event;
"Stage" means stopping, parking or otherwise placing a Limousine in a loading or
curb side area, not including a parking lot, where the Limousine is not engaged in a
Prearranged Trip.
"Student Driver" means a Person that receives driving instruction from a Driving
School Driver.
"Taxicab" means a Motor Vehicle as defined in the Highway Traffic Act and
includes any Motor Vehicle used for hire in the conveying of a Person from place to
place within the City to any point inside or outside that area, but does not include a
Limousine or Vehicle operated by a PTC Driver
"Taxicab Broker" means any Person who carries on the Business of accepting
Taxicab Orders for, or Dispatching Taxicabs in any manner.
"Taxicab Meter" means a measuring device used in a Taxicab to calculate the Fare
payable for a Trip.
"Taxicab Order" means a request for Taxicab service received by a Taxicab
Broker.
"Taxicab Stand" means the area set aside and designated by the City to be used by
a Taxicab while it is waiting for, or picking up, goods or Passengers.
"Tow Truck" means a Motor Vehicle used for hire for Towing or otherwise
conveying Vehicles.
"Tow Truck Company" means a Person who in pursuance of a trade, calling
business, or occupation arranges for the provision for hire to a customer of the
services of a Tow Truck;
"Towing" means the movement of a Vehicle by a Tow Truck, whether such Vehicle
is picked up at, or delivered to, a location within the City, and the terms Tow and
Towed have a corresponding meaning.
"Trip" means each journey in a Taxicab, Limousine or PTC vehicle commencing
when a Passenger enters the Vehicle, continuing for the period that the Vehicle is
continuously occupied, and ending when all Passengers exit the Vehicle.
"Trip Sheet" means a record of Trips made by a Driver where required pursuant to
this By-law.
"Vehicle" means a Motor Vehicle that is operated for the purpose of driving
instruction, as a Taxicab or Limousine for the conveying of Passengers, a Tow Truck
used for either Towing or otherwise conveying Vehicles, a Ride Sharing Service, or
a Motor Vehicle from which Refreshments are sold.
By-law 2022-20
Page 8
"Vehicle Pound" means any Property used for the temporary storage or impounding
of Vehicles taken from a Collision Scene or otherwise Towed and awaiting repair or
demolition or retrieval.
"Vending" means the supplying of any good or service.
"Vulnerable Sector Screening Report" means a criminal background check
designed to ensure a Person dealing with vulnerable Customers through Employment
do not have a criminal history, or any other history which may indicate that they may
pose a threat to a vulnerable Customer.
"Work Order" means an order issued under this By-law to a Person who
contravened the by-law or who caused or permitted the contravention to discontinue
the contravening activity or to do work to correct the contravention.
2.0
SCHEDULES
2.1
The following Schedules form part of this By-law:
SCHEDULE 1
Threshold Policy for Conditional Issuance and Refusal,
Suspension, or Revocation of Mobile Licence Applicants
SCHEDULE 2
Driving School Owners and Drivers
SCHEDULE 3
Refreshment Vehicle Owners and Operators
SCHEDULE 4
Limousine Owners and Drivers
SCHEDULE 5
Taxicab Owners, Drivers, and Brokers
SCHEDULE 6
Tow Truck Owners, Drivers and Companies
SCHEDULE 7
Private Transportation Companies and Drivers
3.0
LICENCE REQUIREMENT
3.1
The following Persons must be in possession of a licence authorizing them to
carry on their Business in the City, and shall pay to the City upon application
for, or renewing the Licence the required fee:
(a)
every Person who owns or Operates a Driving School;
(b)
every Driving School Instructor;
(c)
every Person who owns or Operates a Refreshment Vehicle;
(d)
every Special Event Vendor;
(e)
every Person who owns or Operates a Limousine;
(f)
every Person who drives a Limousine;
(g)
every Taxicab Broker;
(h)
every Person who owns or Operates a Taxicab;
(i)
every Person who drives a Taxicab;
(j)
every Tow Truck Company;
(k)
every Person who owns or Operates a Tow Truck;
(l)
every Person who drives a Tow Truck; and
(m)
every Taxicab Broker.
(n)
every Private Transportation Company
By-law 2022-20
Page 9
4.0
GENERAL PROVISIONS
4.1
No Person shall:
(a)
carry on, Operate or engage in a Business referred to in Section 3 unless a
current and valid Licence has been issued in their name by the City under
this By-law;
(b)
enter into any lease agreement pertaining to the Owner's Plate;
(c)
be permitted to transfer a Licence issued under this By-law;
(d)
smoke or permit smoking within a Vehicle affiliated to a Licence under
this By-law;
(e)
Operate a Vehicle required to be licensed in this By-law until the
Vehicle has been inspected and approved for use by the Licensing
Officer;
(f)
enjoy a vested right in the continuance of a Licence or Plate and upon
the issuance, revocation, cancellation or suspension thereof;
(g)
alter or permit an alteration of any Licence or Plate or part thereof;
(h)
attach the Plate other than to the Vehicle for which the Plate was issued;
(i)
Drive or act as a Driver within the City unless the Owner, or where
applicable the Lessee, of the Vehicle being driven is licensed pursuant
to this By-law;
(j)
as an Owner, employ a Driver unless the Driver is licensed pursuant to
this By-law;
(k)
Drive or Operate or permit a licenced Vehicle to be driven or Operated
with mechanical defects of which they are aware;
(l)
discriminate against any member of the public in the carrying on of the
Business on the basis of race, ancestry, place of origin, colour, ethnic
origin, citizenship, creed, sex, sexual orientation, gender identity,
gender expression, age, marital status, family status, or disability; or
(m) refuse to permit any Person with a Disability being accompanied by a
service animal to enter or remain in their Vehicle, by only the presence
of the service animal.
4.2
Every Person shall:
(a)
carry their Licence with them at all times while they are Operating a
Vehicle;
(b)
surrender the Licence for inspection upon demand by the Licensing
Officer or Officer;
(c)
submit their Vehicle for inspection when required to do so by the
Licensing Officer or Officer for inspection at an appointed date, time,
and place;
(d)
affix the Plate issued by the Licensing Officer in a secure and visible
manner to the rear window of the Vehicle to be utilized in a licensed
Business;
By-law 2022-20
Page 10
(e)
affix the Licence Renewal Sticker to the Plate issued by the Licensing
Officer in a secure manner;
(f)
who is the Owner of more than one Vehicle, obtain a separate Licence
and Plate for each Vehicle which is to be Operated as a part of a
Business licensed under this By-law;
(g)
carry on Business only in the name in which they are licensed;
(h)
when a Plate, Licence Renewal Sticker, or a Licence is damaged, lost,
or faded, the Licensee shall apply to the Licensing Section for a
replacement and shall pay the appropriate fee as required under the
Licensing, Permit and Services Fees By-law 2012-137, as amended;
(i)
as an Owner or Lessee, keep the current Vehicles Owner's Licence
issued under this By-law at all times in the Vehicle of which they are
the Owner or Lessee;
(j)
before commencing Operation, and at the end of each work shift,
examine the licenced Vehicle for defects, and report forthwith and
defects to the Owner or Lessee.
(k)
return or have removed a Licence or Plate whenever required to do so
by the Licensing Officer or Officer; and
(l)
return a Plate when the licensed Vehicle is sold or disposed of to the
Licensing Officer within seven (7) days of any such sale or disposal.
4.3
Every Licence and Plate issued pursuant to this By-law shall be and remain
the property of the City.
5.0
DUTIES OF THE LICENSING OFFICER
5.1
The duties of the Licensing Officer include:
(a)
receiving and processing all applications for Licences and renewals of
Licences;
(b)
ensuring that applications are complete and signed by the Applicant, or
where the application is from a partnership or corporation respectively,
signed by a partner or the president or other authorized signing officer of
the corporation;
(c)
ensuring that the Applicant has paid the fees required for the term of the
Licence, prior to processing the application;
(d)
imposing Conditions on a Licence where the Licensing Officer is of the
opinion that a term or Condition of a Licence should be imposed;
(e) refusing to issue or renew a Licence, or revoke or suspend a Licence
where the Licensing Officer is of the opinion that the Applicant is not
entitled to a Licence under Section 12;
(f) the maintenance and retention of all applications received and Licences
issued, refused, revoked or suspended as provided for by the City
Record Retention By-law and policies;
(g) generally performing all the administrative functions conferred upon the
Licensing Officer by this By-law; and
(h) the coordination and direction of enforcement of this By-law.
By-law 2022-20
Page 11
6.0
APPLICATION REQUIREMENTS
6.1
Every Applicant for a Licence and for the renewal of a Licence issued under
this By-law shall:
(a)
submit a completed and truthful application for a Licence or the
renewal of a Licence on the forms provided by the Licensing Section;
(b)
at least eighteen (18) years of age;
(c)
a Canadian citizen, a permanent resident of Canada, or hold a valid
employment authorization issued by the Government of Canada;
(d)
submit to the taking of photographs for the production of a photo
identification Licence card and for general identification purposes;
(e)
where the Applicant is a corporation, provide a copy of the
incorporating documents, a copy of the last annual information return,
and a copy of the business name registration;
(f)
where the Applicant is a registered partnership, provide a copy of the
registered declaration of partnership and a copy of the Business name
registration;
(g)
where the applicant is a sole proprietor, provide a copy of the Business
name registration;
(h)
proof of Harmonized Sales Tax (HST) registration;
(i)
a Vulnerable Sector Screening Report furnished by the Police Service
having jurisdiction where they reside dated within thirty (30) days
preceding the application date upon initial application or request of the
Licensing Officer;
(j)
a Criminal Record Check dated within thirty (30) days prior to the date
of the annual renewal date;
(f)
meet the thresholds as provided for in Schedule 1 of this By-law;
(g)
be able to read, write, and speak the English and/or French language
with sufficient fluency as to render them, in the opinion of the
Licensing Officer, competent to exercise their business;
(h)
pay the required fee set out in the City Licensing, Permit and Services
Fees By-law 2012-137 as amended;
(i)
pay any additional fee imposed under City Licensing, Permit and
Services Fees By-law 2012-137, as amended;
(j)
pay any outstanding fine owed to the City; and
(k)
any other document or information of the Applicant as may be required
by the Licensing Officer.
6.2
Every application for an Owner's Licence and Plate shall include:
(a)
the Owner's Licence and Plate in the case of a renewal of the Licence;
(b)
the Vehicle to be licensed for an inspection and approval;
(c)
a valid Motor Vehicle Permit issued by the Ministry of
Transportation in the Applicant's name; or, if the Motor Vehicle is a
By-law 2022-20
Page 12
leased Motor Vehicle, provide a copy of the lease agreement for the
Motor Vehicle;
(d)
a valid Safety Standards Certificate with respect to the Vehicle, dated
not more than thirty (30) days prior to the application date or yearly
renewal date;
(e)
a valid alternate fuel certificate with respect to the Vehicle, if
applicable; and
(f)
a valid insurance policy with respect to the Vehicle which shall;
(i)
be endorsed to provide the Licensing Officer with at least ten (10)
days' notice in writing of a proposed cancellation or expiration of
the insurance policy, or of a variation in the amount of the policy;
and
(ii)
provide coverage in the amount of least two million dollars
($2,000,000) inclusive of bodily injury, death, and property
damage resulting from any one accident.
6.3
Every Applicant for a Driver's/Operator's Licence issued under this By-law
shall:
(a)
be the holder of a valid Ontario Driver's Licence - Class G issued
pursuant to the Highway Traffic Act;
(b)
provide a Certified Driver's Abstract from the Ministry of
Transportation dated not more than thirty (30) days prior to the
application date or yearly renewal date;
(c)
provide a letter of potential Employment from a licenced Owner, if
applicable; and
(d)
the Licensing Officer may require a Driver to provide them with a
certificate prepared by a physician, attesting as to whether or not the
Driver is physically fit and able to operate a Motor Vehicle, at any time
if they feel it may be in the public interest.
6.4
Except where electronic internet applications for Licences and renewals are
accepted by the Licensing Officer, or where renewals applications are
accepted through postal or other methods, all applications for a Licence or
renewal of a Licence shall be made personally to the Licensing Section by:
(a)
the Applicant, as Sole Proprietor of the Business;
(b)
an officer or director of the corporation;
(c)
one of the partners in a Partnership; or
(d)
an authorized agent, provided they have written authorization to do so
from the Applicant and provides one piece of Canadian government
photo identification deemed suitable by the Licensing Officer.
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7.0
APPLICATION FORMS RETURNED
7.1
Where an Applicant fails to comply with any requirements of Section 6, or
instructions in that regard, the application shall be returned or disposed of and
not processed further.
7.2
Where the application is refused under Section 6, the Applicant may be advised
personally if present and the application returned, or may be advised by letter
sent by regular, email, or facsimile to the Applicant's Business or email address
as disclosed by the application, or previous last known address, if any.
8. 0 NEW MOTOR VEHICLE
8.1
Where an Owner licensed under this By-law disposes or otherwise ceases to
use their Vehicle and acquires another vehicle for the purposes permitted
under this By-law, before using the Vehicle shall:
(a)
return the City issued Plate for the Vehicle;
(b)
submit the newly acquired Vehicle for inspection and approval;
(c)
produce either a Ministry of Transportation Vehicle Inspection Report
showing that the Vehicle has been accepted within the previous thirty
(30) days, or a Safety Standard Certificate issued under the Highway
Traffic Act within thirty (30) days of the application; and
(d)
file with the Licensing Section all documents required to record the
change, including, if applicable, a leasing arrangement or similar
documentation relating to ownership, or Vehicle operation.
9.0
CHANGES IN INFORMATION
9.1
When a Licensee changes their name or address or any information relating
to their Licence, the Licensee shall attend within seven (7) days of the date of
the change to the Licensing Section to have the License and licensing records
amended accordingly.
9.2
If at any time the Driver's photograph required on the application for a
Licence is not a reasonable likeness of the Driver for any reason, the
Licensing Officer may require the Driver to have another photograph taken.
9.3
Every licensed Owner shall file with the Licensing Section at least seven (7)
days prior to the expiry date of the current insurance policy all insurance
renewal policies or certificates of insurance.
10.0
TIME FOR RENEWAL
10.1
An application for renewal of a Licence shall be delivered to the Licensing
Section on or before the expiry date.
10.2
An expired Licence may be renewed without being subject to any new
application requirements within sixty (60) days of the Licence expiry date
providing all Licence fees, including late fees, and charges are paid in full
and where all required documentation is submitted.
10.3
When an application for renewal of a Licence is delivered to the Licensing
Section any time after sixty (60) days after the expiry date of the Licence, the
Applicant shall complete an application as a new Applicant.
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10.4
Fees may be pro-rated by calculating the fee based upon the month in which
the application is made to the Licensing Section to the expiry date of the
Licence.
11.0
TERM OF LICENCE
11.1
Every Licence listed in this By-law is valid for the corresponding term of the
Licence unless:
(a)
the Licence has been suspended or revoked;
(b)
the Licence has been cancelled at the request of the Licensee; or
(c)
payment of the said Licence has not been made.
11.2
Every Licence expires annually on the expiry date as follows:
LICENCE TYPE
EXPIRY DATE
Driving School Owners and Drivers
September 30th
Refreshment Vehicle Owners and Operators
March 31st
Limousine Owners
December 31st
Limousine Drivers
Annual on Birthday
Taxi Brokers
April 30th
Taxi Owners
April 30th
Taxi Drivers
Annual on Birthday
Tow Truck Owners, Drivers and Companies
June 30th
Private Transportation Companies
April 1st
12.0
AUTHORITY REGARDING THE ISSUANCE AND STATUS OF
LICENCES
12.1
An Applicant whose application meets all the requirements of this By-law is
entitled to a Licence, or renewal of a Licence, except where:
(a)
there are reasonable grounds to believe that any application or other
document provided contains a false statement or false information;
(b)
past or present conduct of the Applicant or Licensee, or of any partner,
in the case of a partnership, or of any director, shareholder or officer of
the corporation, if the Applicant or Licensee or a party having a direct
or indirect interest in the Business is a corporation, affords reasonable
grounds to believe that such Applicant or Licensee will not carry on or
has not carried on their Business or other activity in accordance with the
law or with honesty and integrity;
(c)
the financial position of the Applicant affords reasonable grounds to
believe that the activity for which the Business is to be licensed or to
continue to be licensed, will not be carried on in a financially
responsible manner;
(d)
there are reasonable grounds to believe that the carrying on of the
Business by the Applicant or Licensee may be adverse to the public
interest;
(e)
the Applicant has failed to pay a fine(s) imposed by a court as a
sentence arising from convictions for breach of a By-law enacted by the
City;
(f)
the fee payable in respect of the Licence applied for has not been paid;
By-law 2022-20
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(g)
any Additional Fee imposed on a Licence remains unpaid;
(h)
a complaint which, in the opinion of the Licensing Officer, is not
frivolous or vexatious, has been received about the Applicant;
(i)
the Applicant failed to comply with an attached Licence Condition;
(j)
the Licensee failed to attend and complete any training required by the
Licensing Officer;
(k)
there are reasonable grounds to believe that the Applicant is carrying on
activities that are, or would be in contravention of the By-law;
(l)
the Applicant fails to comply with any requirement in the By-law to
obtain or maintain or renew a Licence under this By-law;
(m) the Applicant fails to meet a threshold set out in Schedule 1; or
(n)
a Licence was issued in error.
12.2 Upon reasonable grounds the Licensing Officer may make the decision to:
(a)
refuse an application for a Licence or renewal of a Licence;
(b)
refuse the reinstatement of a Licence;
(c)
revoke a Licence;
(d)
suspend a Licence;
(e)
cancel a Licence; or
(f)
impose Conditions on a Licence.
12.3
An Applicant or a Licensee whose Licence has been refused or revoked, shall
not be entitled to make a new application for a similar type of Licence for a
period of twelve (12) months from the date of refusal or revocation.
12.4 If the Licensing Officer is satisfied that the continuation of a Business
licensed under this By-law poses an immediate danger to the health or safety
of Person or Property, the Licensing Officer may suspend the Licence
without a Hearing on conditions it considers appropriate, subject to the
following:
(a)
before suspending the Licence, the Licensing Supervisor shall provide
the Licensee with reasons for the suspension, either orally or in writing,
and an opportunity to respond to them; and
(b)
the suspension shall not exceed 14 days.
12.5
Any Licence issued under this By-law may be cancelled by the Licensing
Officer at any time upon the written request of the Licensee.
13.
WRITTEN DECISION OF THE LICENSING OFFICER
13.1
The Licensing Officer shall provide written notice of the decision with
respect to the Licence application, renewal, or its status.
13.2 The written notice under Subsection 13.1 shall:
(a)
set out the grounds for the decision;
By-law 2022-20
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(b)
give reasonable particulars of the grounds;
(c)
be signed by the Licensing Officer; and
(d)
state that the Applicant or Licensee is entitled to request a Hearing to be
conducted by the Hearing Officer.
14.0
LICENCE APPEAL
(a) The powers and authority to hear appeals from decisions made by the
Licensing Officer pursuant to section 12 are hereby delegated to the
Hearings Officer.
(b) The Hearings Officer shall hear all appeals from decisions made by the
Licensing Officer pursuant to section 12.
14.1
An Applicant or Licensee may appeal the Licencing Officer's decision to
refuse, cancel, revoke, suspend, or to impose any Condition on a Licence to
the Hearing Officer by sending a request for appeal by email to
[email protected] within ten (10) days of the written notice.
14.2
Where no appeal is registered within the required time period, the decision of
the Licensing Officer shall be final.
14.3
An appeal of a decision does not act as a stay of that decision.
14.4
The City Clerk, upon receipt of the notice of appeal, shall determine and give
notice in writing to all parties of:
(a)
the place, date and time of the Hearing;
(b)
the purpose of the Hearing; and
(c)
a statement that if the party notified does not attend at the Hearing, the
Hearing Officer, may proceed in the party's absence and the party will
not be entitled to any further notice in the proceeding.
15.0
LICENCE APPEAL HEARING
15.1
The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22,
as amended, apply to all Hearings by the Hearing Officer under this By-law.
15.2
There shall be a Secretary to the Hearing Officer, who shall attend all meetings
of the Hearing Officer and shall keep all necessary records and perform such
other duties required by the Hearing Officer.
15.3
At a Hearing the onus shall be upon the Appellant to show cause why the
Licence should be granted, or why it should not be cancelled, refused,
revoked or suspended, with or without Conditions.
15.4
The Hearing Officer may dismiss a proceeding without a Hearing if the
proceeding is frivolous, vexatious or is commenced in bad faith.
15.5
When the Appellant who has been given written notice of the Hearing does
not attend at the appointed time and place, the Hearing Officer may proceed
with the Hearing in the Appellant's absence and the Appellant shall not be
entitled to any further notice of the proceedings and the Appellant shall pay
to the City a Hearing Non-appearance Fee pursuant to By-law 2022-15,
Schedule "A".
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15.6
A Hearing shall be open to the public except where the Hearing Officer is of the
opinion that:
(a)
matters involving public security may be disclosed; or
(b)
intimate financial or personal or other matters may be disclosed at the
Hearing that are of such a nature, having regard to the circumstances,
that the desirability of avoiding disclosure thereof in the interests of any
person affected or in the public interest outweighs the desirability of
adhering to the principle that Hearings be open to the public;
in which case the Hearing Officer may hold the Hearing, or portion thereof,
in the absence of the public.
15.7 The Hearing Officer shall have regard to the following matters where relevant,
as may be raised at a Hearing:
(a)
this By-law and other applicable law;
(b)
circumstances and facts raised by the evidence of the parties involved;
(c)
if the Business puts or could put public safety at risk; and
(d)
the belief that the Appellant will not carry on, or engage in the Business in
accordance with the law or with honesty or integrity.
15.8
The Hearing Officer may make any decision that the Licensing Officer was
entitled to make in the first instance, and the Hearing Officer may:
(a)
modify, rescind or confirm a decision or any Condition; or
(b) extend time for complying with a decision or any Condition.
15.9
At the conclusion of a Hearing, the Hearing Officer may give their decision
orally or reserve their decision, but in any case shall provide their decision in
writing, with reasons, within fourteen (14) days of the Hearing to the
applicant or Licensee or to the Person who represented the party by:
(a)
regular mail; or
(b)
email or facsimile.
15.10 A decision that has been confirmed, modified or rescinded by the Hearing
Officer, as the case may be, shall be final and binding upon the Appellant or
City who shall comply with the decision within the time specified and in the
manner specified in the decision where applicable.
16.0
RETURN OF LICENCE AFTER REVOCATION OR SUSPENSION
16.1
When a Licence has been revoked, cancelled or suspended, the holder of the
Licence shall return the Licence to the Licensing Section within twenty-four
(24) hours of service of written notice of the decision of the Licensing Officer
or, where an Appeal had been filed, the decision of the Hearing Officer.
17.0
LICENCE DEEMED SUSPENDED
17.1
When a licensed Driver has had their Ontario Driver's Licence cancelled,
suspended or revoked or has expired, the Licence issued under this By-law
shall be deemed to be suspended as of the date of cancellation, suspension,
revocation or expiry under the Highway Traffic Act and the Driver shall
By-law 2022-20
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within twenty-four (24) hours return the Licence issued under this By-law to
the Licensing Section.
17.2
When a licensed Owner ceases to have a current and valid Ontario standard
automobile insurance policy in good standing and properly endorsed, the
Licence shall be deemed to be suspended and the Owner shall within twenty-
four (24) hours return the Owner's Plate and Licence issued under this By-
law to the Licensing Section.
17.3
When a Licensee is convicted of an offence that causes them to be in
contravention of any thresholds listed in Schedule 1, the Licence shall be
deemed to be suspended and the Licensee shall within twenty-four (24) hours
return any Plate and Licence issued under this By-law to the Licensing
Section.
17.4
A Licence or Plate shall only be reinstated under this Section by providing to
the Licensing Officer:
(a)
proof of valid insurance;
(b)
a valid Ontario Driver's Licence; and
(c)
proof that all thresholds set out in Schedule 1 are met.
18.0
ADDITIONAL FEES
18.1
Notwithstanding any other provisions of the By-law, the Licensing Officer
may impose Additional Fees on a Licence, by way of a notice of Additional
Fee at any time during the term of the Licence for costs incurred by the City
attributable to the activities of the Business.
18.2
The notice of Additional Fee shall be sent to the Licensee and provide the
Licensee with sixty (60) days from the date the notice of Additional Fee is
deemed served to pay the outstanding amount.
19.0
WORK ORDERS
19.1 Where a Person contravenes any provision of this By-law, an Officer may
issue a Work Order to the Person, directing them to do the work or
discontinue the contravening activity set out in the Work Order to correct the
contravention.
19.2
The Person shall bring all contraventions identified in the Work Order into
compliance within the time specified in the Work Order, failing which the
City may do so at the Person's expense and may enter upon a Property at any
reasonable time for such purpose.
19.3
A Work Order shall set out:
(a)
the reasonable particulars of the contravention adequate to identify the
contravention and the location of the property on which the
contravention occurred; and
(b)
the work to be done and the date by which the work must be done.
19.4
A Work Order may be given in writing in any of the following ways and is
deemed served:
(a)
on the date served personally upon the person whom it is addressed;
(b)
posted on site;
By-law 2022-20
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(c)
immediately upon the sending of an email; or
(d)
on the fifth (5) day when sent by regular mail.
19.5
For the purpose of Section 19.4, the Person's last known address and last
known email address shall be deemed to include those disclosed by the
application, or previous last known address, if any.
20.0
NOTICES
20.1 A written notice, notice of Additional Fee, or any other notice pursuant to this
By-law may be given in writing in any of the following ways and is deemed
served:
(a) on the date served personally upon the Person whom it is addressed;
(b) on the fifth (5) day when sent by regular mail;
(c) upon the conclusion of the transmission by facsimile; or
(d)
immediately upon the sending of an email.
20.2 For the purpose of Section 20.1, the Person's last known address, last known
facsimile transmission number, and last known email address shall be
deemed to include those disclosed by the application, or previous last known
address, if any.
21.0
POWERS OF ENTRY AND INSPECTION
21.1 An Officer or other Person so authorized who is performing a duty or
exercising a power under this By-law may at any reasonable time enter upon
and inspect a Property or inspect a Vehicle, of any Licensee or Person
requiring to be licensed, to ensure that the provisions of this By-law have
been complied with.
21.2
An Officer is authorized for the purposes of inspection to determine
compliance with the By-law to:
(a)
require the production for inspection of documents or things relevant to
the inspection, including the removal of the documents for the purposes
of making copies or extracts;
(b)
alone or in conjunction with a Person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of inspection; and
(c)
require information from any Person concerning a matter related to the
inspection.
22.
ADMINISTRATION AND ENFORCEMENT
22.1 Administration of this By-law shall be by the staff of the Licensing Section in
the Legislative Services and Communications Department of the City.
22.2 The provisions of this By-law may be enforced by an Officer.
22.3 An Officer or other Person so authorized who has reasonable grounds to
believe that a Person has contravened any provision of this By-law may
require that Person to provide their identification and City Licence to the
Officer.
By-law 2022-20
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22.4 Every person who is required by an Officer or other Person so authorized to
provide identification under Section 22.3 shall identify themselves to the
Officer. Giving their correct name, date of birth, and address shall constitute
sufficient identification. Failure to provide sufficient identification shall
constitute obstruction of the Officer as set out in Section 23.2 of this By-law.
23.0
OFFENCES
23.1
Any Person who contravenes or fails to comply with any provision of this
By-law or any Work Order or notice issued under this By-law is guilty of an
offence.
23.2 No Person shall hinder or obstruct, or attempt to hinder or obstruct an Officer
or other Person so authorized who is performing a duty or exercising a power
under this By-law.
23.3 If there is a contravention of any provision of this By-law, and the
contravention has not been corrected, the contravention of the provision shall
be deemed to be a continuing offence for each day or part of a day that the
contravention remains uncorrected.
23.4 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.
24.0
REBUTTABLE PRESUMPTION
24.1
An Owner shall be presumed to have created, caused, allowed, permitted or
continued a violation under this By-law that has occurred in conjunction with
the Owner's Vehicle or Plate, which presumption may be rebutted by
evidence to the contrary on a balance of probabilities.
25.0
ADMINISTRATIVE PENALTIES
25.1 Instead of laying a charge under the Provincial Offences Act, R.S.O. 1990,
Chapter P.33, as amended for a breach of any provision of this By-law, an
Order, a Work Order, or any other order issued pursuant this By-law, an
Officer may issue an administrative penalty to the Person who has
contravened this By-law.
25.2 The 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,
Chapter P.33, as amended. If an administrative penalty is issued to a Person
for the breach, no charge shall be laid against that same Person for the same
breach.
25.3 The amount of the administrative penalty for a breach of a provision of this
By-law, a Work Order or Order issued under this By-law is fixed as set out in
By-Law 2016-84, being a By-law to Implement an Administrative Monetary
Penalty System for Non-Parking Offences, as amended, or any successor by-
law.
25.4 A Person who is issued an administrative penalty shall be subject to the
procedures as provided for in By-Law 2016-84, being a By-law to Implement
an Administrative Monetary Penalty System for Non-Parking Offences, as
amended, or any successor by-law.
By-law 2022-20
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26.0
PENALTIES
26.1
Every Person who is guilty of an offence under this By-law shall be subject
to the following penalties:
(a)
upon a first conviction, to a fine of not less than $400 and not more than
$50,000.
(b)
upon a second or subsequent conviction for the same offence, to a fine
of not less than $500 and not more than $100,000.
(c)
upon conviction for a continuing offence, to a fine of not less than $100
and not more than $10,000 for each day or part of a day that the offence
continues. The total of the daily fines may not exceed $100,000.
(d)
upon conviction for multiple offences, for each offence included in the
multiple offences, to a fine of not less than $100 and not more than
$10,000. The total of all fines for each included offence is not limited to
$100,000.
26.2
Where a Person convicted of an offence is a corporation, the corporation is
liable to a fine not less than $400 and not more than $100,000.
27.0
COLLECTION OF UNPAID FINES
27.1
Where a fine is in default, the City may proceed with civil enforcement
against the Person upon whom the fine has been imposed, pursuant to the
Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
27.2 The City may make a request to the treasurer of a local municipality to add
any part of a fine that is in default to the tax roll for any property in the local
municipality for which all of the owners are responsible for paying the fine,
and collect it in the same manner as municipal taxes.
28.0
SEVERABILITY
28.1 Notwithstanding that any clause, subsection, section or schedule of this By-
law, or any part, or any part thereof, may be found by any court of law to be
invalid or beyond the power of the Council to enact, such clause, subsection,
section or Schedule or parts thereof shall be deemed to be severable, and all
other clauses, subsections, sections and schedules of this By-law or parts
thereof, are separate and independent there from and enacted as such.
29.0
INTERPRETATION
29.1
The provisions of the Legislation Act, 2006, S.O. 2006, c. 21, Sched. F, as
amended shall apply to this By-law.
30.0
REPEAL
30.1
That By-law 2012-92, as amended, be repealed.
31.
EFFECTIVE DATE
By-law 2022-20
Page 22
31.1
This By-law comes into force and takes effect on March 8th, 2022
32.
SHORT TITLE
32.1
This By-law shall be known as the Mobile Business Licensing By-law.
Read a first, second, and third time and passed March 8, 2022.
________________________________
__________________________
Kimberley Kitteringham
Frank Scarpitti
City Clerk
Mayor
By-law 2022-20
Page 23
SCHEDULE 1
Threshold Policy for Conditional Issuance and
Refusal, Suspension, or Revocation of Licence Applicants
1.0
POLICY STATEMENT
1.1
This Schedule is intended to provide and objective and transparent way to
identify Applicants who have been convicted of offences which behaviours
are incompatible with the type of Business based on health and safety and
consumer protection, and an appropriate way to deal with the Licence.
1.2
Notwithstanding this Schedule, the Licensing Officer may refuse or revoke a
Licence due to:
(a)
potential threat to the public;
(b)
number of individual convictions versus multiple convictions during
one incident;
(c)
severity of the conviction;
(d)
any outstanding charges;
(e)
findings of not guilty by reason of a mental condition; or
(f)
probation, prohibition or other judicial order which are in effect.
1.3
In the course of an application, the Licence Officer may inquire into pending
court cases and issue a conditional Licence to the date of the expected court
date. Withholding the fact of a pending court date from the Licence Officer is
itself a ground for refusal, suspension, or revocation of a Licence.
1.4
The Licensing Officer may place Conditions and issue a warning notice on a
Licence if an investigation of a Licensee reveals circumstances that may in
the future cause the Licensee to be in contravention of any of the thresholds
listed.
1.5
The warning notice must advise the Applicant or Licensee about the specific
applicable threshold.
2.0
THRESHOLDS FOR LICENCES
2.1
Despite an application being complete and all fees paid the Licence Officer
shall refuse to issue or renew a Licence and in the case of an existing
Licence, the Licence Officer shall suspend or revoke the Licence, if an
Applicant has:
(a)
any code 01 conviction;
(b)
any code 02 conviction within the last ten years;
(c)
any code 03 conviction in the last seven years;
(d)
two or more code 03 convictions in the last ten years;
(e)
any code 04 conviction within the last three years;
By-law 2022-20
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(f)
two or more code 04 convictions within the last five years;
(g)
any code 05 or 07 conviction within the last year;
(h)
any code 06 conviction within the last three years;
(i)
two or more code 06 convictions within the last five years;
(j)
three or more code 08 convictions within the last year;
(k)
any code 09 event within the last year;
(l)
six or more demerit points, as defined in the Highway Traffic Act on the
driver's abstract provided to the Licensing Section;
(m) four or more driving convictions within the last year;
(n)
six or more by-law related* convictions within the last year concerning
the licensed Business or Applicant, or any other of the Applicant's
Businesses that are licensed or are required to be licensed, or any of the
Applicant's Businesses that were licensed or were required to be
licensed;
(o)
four or more By-law and related* convictions within the twelve months
immediately preceding the date a Licence was issued; or
(p)
overdue By-law fines, unless the Applicant provides proof that such
fines have been subsequently paid.
*Related legislation may include, but is not limited to, City of Markham By-
laws.
Criminal Code
Offences
Description
Code
Sexual Offences
(minors)
Interference, invitation, exploitation, procuring sexual
activity (parent or guardian), permitting sexual activity
(householder) corrupting children, luring a child,
exposure, incest (with minor)
01
Terrorism
Providing, collecting property; using, possessing
property; providing, making available property
02
Homicide
Homicide, manslaughter, infanticide, murder, attempt
to commit, accessory
02
Major Assault and
Sexual Assault
Offences
Sexual assault with weapon, causing bodily harm,
aggravated, assault with weapon
02
Sexual Offences
(other than
minors)
Exploitation of persons with a disability, incest,
indecent act, sexual assault
03
Confinement
Kidnapping, hostage taking, abduction
03
Hate Propaganda
Advocating genocide, public incitement of hatred
03
Robbery,
Extortion
All offences
03
By-law 2022-20
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Criminal
Organization
Participating in activities of
03
Criminal
Negligence
Criminal negligence, causing death, causing bodily
harm
04
Assault
Assault, of a peace officer
04
Harassment,
Threats
Criminal harassment, uttering threats
04
Explosives
Using, possession
04
Weapons
Possession, carrying, trafficking
04
Firearms
Using in commission of offence, careless use,
pointing, possession, acquisition without certificate,
causing bodily harm with intent (firearm, air gun, or
pistol)
04
Theft Offences
All offences
04
Forgery Offences
All offences
04
Break and Enter
Break and enter
04
Crime -
Possession of
Property
Possession of property obtained by crime
04
Fraud
Fraud offences, falsifying documents
04
Arson
All offences
04
Counterfeit Money Uttering, advertising, dealing
04
Proceeds of Crime Laundering
04
Noxious Thing,
Poison
Administering to harm
04
Noxious Thing,
Poison
Administering to annoy, to aggrieve
05
Traps
Setting
05
Mischief
Mischief
05
Conspiracy
Conspiracy to commit an indictable offence
05
Prostitution
Offences related to
05
Bawdy Houses
Keeping, transporting person to, procuring
05
Operation of
Motor Vehicle,
Vessels, or
Aircraft
Dangerous operation, failing to stop for police, failure
to stop at scene of accident, operation while impaired,
operation with more than 80 milligrams of alcohol in
blood, driving while disqualified
06
Other
All other Criminal Code convictions
07
Controlled Drugs
and Substances
Act Offences
Description
Code
Trafficking
Of Schedule I or II substance
Of Schedule III substance
Of Schedule IV substance
03
04
05
Importing,
Exporting
Of Schedule I or II substance
Of Schedule III substance
Of Schedule IV substance
03
04
05
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Production
Of Schedule I or II substance
Of Marijuana
Of Schedule III substance
Of Schedule IV substance
03
04
04
05
Possession
Possession
05
Highway Traffics
Act Offences
Description
Code
Speeding
Exceeding speed by 50 km/hr
06
Careless
Careless driving
06
Fail to remain
Fail to remain at the scene of an accident
06
Fail to Stop
When signaled or requested by a police officer
For a school bus
06
06
Racing
Racing
06
Section 43(1)
Driving while license suspended
06
Section 36
Driving while license suspended
07
By-Law Offences
Description
Code
Discrimination
Discriminate against a member of the public
08
Service Refusal
Refuse to serve a person with a disability
(with or without a service animal)
08
Plate Removal
Any instance of plate removal or licence revocation
09
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SCHEDULE 2
Relating to Driving School Owners and Drivers
1.0
LICENSING REQUIREMENTS FOR DRIVING SCHOOL OWNERS
1.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Driving School Owner Licence shall produce
with their application:
(a)
a list of each Vehicle to be Operated as a Driving School Vehicle in
accordance with the Business, identifying the make, model year,
Provincial licence plate, and vehicle identification number;
(b)
the current Schedule of Rates on the Applicant's letterhead, to be
charged to Customers for all services; and
(c)
a list of the name and address of each Driving School Driver Employed
by them.
2.0
LICENSING REQUIREMENTS FOR DRIVING SCHOOL DRIVERS
2.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Driving School Driver Licence shall produce
with their application:
(a) a valid driving instructor licence issued pursuant to the Highway Traffic
Act.
3.0
REQUIREMENTS OF DRIVING SCHOOL OWNERS
3.1
Every Driving School Owner shall:
(a)
notify the Licensing Officer no later than seventy-two (72) hours, in
writing, of the name and address of each newly Employed or terminated
Driving School Driver with the date of such Employment or
termination;
(b)
provide each Student Driver with their Schedule of Rates before
instruction is given; and
(c)
keep a permanent record of the name and address of each student, the
date of the commencement of instruction, the date, time and name of
the instructor for each lesson, and the number of the Student Driver's
Provincial driver's licence.
4.0
REQUIREMENTS OF DRIVING SCHOOL DRIVERS
4.1 Every Driving School Driver shall:
(a)
be properly dressed, neat and clean;
(b)
be civil and well behaved;
(c)
place their Licence identification card in the frame or other device
for holding the Licence identification card when giving instruction to
any Student Driver;
(d)
ensure that every Student Driver is the holder and in possession of
a current Ontario Driver's Licence - Class G1, G2 or G; and
By-law 2022-20
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(e)
immediately at the end of the driving instruction search the
Driving School Vehicle for any property or money lost or left therein
and forthwith deliver over to the Person owning the property or money,
or if the owner cannot be found, then to the nearest police station with
all pertinent information.
5.0
VEHICLE REQUIREMENTS
5.1
Every Driving School Owner and Driving School Driver shall ensure that
every Vehicle utilized as a Driving School Vehicle in their Business is:
(a)
maintained in good repair so that the exterior is clean and it does not
have body or paint damage, holes in floorboards, unserviceable tires,
doors that do not close or lock properly, cracked or chipped windshield
or windows, or any other mechanical defect that would render the
Vehicle unsafe;
(b)
maintained so that the interior is clean, dry and free from litter, and the
interior upholstery is not torn, worn or soiled;
(c)
equipped with a dual control braking system in good working order
placed in a position for ready use by the instructor seated beside the
Student Driver;
(d)
equipped with an extra rear view mirror for the use of the Driving
School Driver when giving driving instruction;
(e)
equipped with a frame or other device, in visible sight, for holding the
Licence identification card of the Driving School Driver to a Student
Driver; and
(f)
equipped with a plastic roof sign that shall have the name of the Driving
School on the front and back of the sign, be at least twenty (20)
centimeters high by sixty-five (65) centimeters wide, and be securely
affixed to the roof of the Vehicle except when the Vehicle is not being
used for the purpose of Driving School instruction, or as otherwise
approved by the Licensing Officer.
6.0 DRIVING SCHOOL DRIVER PROHIBITIONS
6.1
No Driving School Driver shall:
(a)
provide driving instruction to any Student Driver whose driving ability
appears to be impaired by any means;
(b)
provide driving instruction to any Student Driver who is not
registered as a student at the Driving School where the Driving School
Driver is Employed;
(c)
provide driving instruction without a driving instructor licence
issued pursuant to the Highway Traffic Act in their possession;
(d)
carry a greater number of Passengers than is set out in the
manufacturer's rating of seating capacity for the Vehicle and that a seat
belt is available for each Passenger;
(e)
permit the use of cell phones or other communications devices by
any Person in the Vehicle during the instruction period; and
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(f)
provide instruction on any primary traffic artery, main Highway
route or heavily travelled thoroughfare, during the first hour of any
Student Driver's training period.
7.0
RESTRICTED AREAS
7.1
No Driving School Driver shall give driving instructions:
(a)
in any public park;
(b)
in any City Property; or
(c)
upon any Highway abutting a school or playground, which, together
with the adjoining Highways, forms the block in which such school or
playground is situated.
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SCHEDULE 3
Relating to Refreshment Vehicle Owners and Operators
1.0
LICENSING REQUIREMENTS FOR REFRESHMENT VEHICLE
OWNER'S LICENCE
1.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Refreshment Vehicle Owner's Licence shall
produce with their application:
(a)
where a Refreshment Vehicle uses propane, file annually with the City,
a propane inspection certificate signed by a certified propane inspector,
confirming that the inspection has been done in accordance with the
National Standard of Canada CSA-B149.5-05, and further, all
companies performing this task shall be a registered contractor under
the Technical Standards and Safety Act, as amended under the direction
of the Ministry of Government and Consumer Services;
(b)
a current Food Handler Certificate issued by the York Region
Public Health Department;
(c)
a list of the name and address of each Refreshment Vehicle
Operator Employed by them who Operate the Refreshment Vehicle in
the City;
(d)
for Refreshment Vehicles - Type 2, a letter of authorization from the
Property Owner to operate on the Property; and
(e)
for Refreshment Vehicles - Type 2 where the Business is not Operated
by means of a Motor Vehicle, a valid general liability insurance
coverage in the amount of least two million dollars ($2,000,000).
2.0
LICENSING REQUIREMENTS FOR REFRESHMENT VEHICLE
OPERATOR'S LICENCE
2.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Refreshment Vehicle Operator's Licence shall
produce with their application:
(a)
a current Food Handler Certificate issued by the York Region Public
Health Department.
3.0
REQUIREMENTS OF REFRESHMENT VEHICLE LICENSEES
3.1 Every Refreshment Vehicle Licensee Shall:
(a)
when Selling or handling Refreshments:
(i)
wear clean clothes;
(ii)
wear appropriate headwear that confines their hair;
(iii)
have clean hands; and
(iv)
be civil and well behaved;
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(b)
ensure all Refreshments sold from a Refreshment Vehicle shall be
clean, fresh, and wholesome;
(c)
ensure no prepared Refreshments other than those kept in unopened
cans shall be sold more than 24 hours after their preparation;
(d)
ensure all condiments, milk, cream, and sugar only be dispensed from
containers approved by the Licensing Officer;
(e)
hard ice cream and related products are maintained in a hard condition
in the Vehicle at all times and no thawed, or partially thawed products
shall be refrozen, stored or sold from the Vehicle; and
(f)
have present when Operating the Refreshment Vehicle their current
Food Handler Certificate issued by the York Region Public Health
Department;
3.2 Every Refreshment Vehicle - Type 1 and Type 3 Licensee shall:
(a)
prior to departing from any stop made for the Sale of Refreshments that
all wrappers or other related refuse are disposed of in a proper garbage
or recycling container; and
(b)
make a complete safety tour around the Vehicle and check the mirror
system around the Vehicle before departing from any stop made for the
purpose of selling Refreshments.
3.3 Every Refreshment Vehicle - Type 2 Licensee Shall:
(a)
clean up any debris, refuse or garbage resulting from the Operation of
the Vehicle in the immediate vicinity of the serving location for the
Vehicle.
4.0 VEHICLE REQUIREMENTS
4.1 Every Refreshment Vehicle Licensee shall ensure that every Vehicle utilized
as a Refreshment Vehicle in their Business is:
(a)
at all times, is safe, mechanically sound and free of any defect that may
cause damage to the refreshment carried therein;
(b)
equipped with a refuse or litter container which shall be used for the
disposal of all refuse and be kept clean and sanitary at all times and
emptied at least once per day;
(c)
equipped with a properly maintained and operational audible sound-
emitting warning device which is activated when the Vehicle is
operating in reverse;
(d)
stocked only with single service disposable cups, containers, cutlery,
and serviettes provided in dispensers approved by the Licensing Officer
or individually wrapped shall be used in the sale of all Refreshments;
(e)
present with markings in contrasting colour on both sides in letters and
figures at least ten (10) centimeters high, the name and Business
address of the Owner thereof, and Owner's Plate number preceded by
the letter M;
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(f)
along with all parts and equipment thereof for use in the dispensing of
Refreshments shall at all times be kept in a clean and sanitary condition
and in good repair;
(g)
equipped with storage shelves therein which are painted or covered with
suitable impervious materials; and
(h)
equipped with adequate refrigeration at a temperature no higher than
five (5) degrees Celsius for perishable Refreshments which shall be
kept so refrigerated, and such area be equipped with an accurate,
indicating thermometer.
4.2 Every Refreshment Vehicle - Type 1 Licensee shall ensure that every
Vehicle utilized as a Refreshment Vehicle in their Business is:
(a)
equipped with body, doors and windows of sufficiently sound
construction to provide reasonable protection against dust, dirt, flies and
other nuisances;
(b)
equipped with a floor made of suitable material, in good condition,
kept clean and be readily washable;
(c)
equipped so as to maintain hot prepared Refreshments at a temperature
of not less than sixty-six (66) degrees Celsius, and such Refreshments
shall be kept so heated with such area equipped with an accurate,
indicating thermometer;
(d)
where stocked with milk products, be sold only in individual disposable
containers; and
(e)
where stocked with sandwiches, cakes, doughnuts, hot dogs,
hamburgers, pies and other similar Refreshments, be wrapped and sold
in individual servings clearly marked with the date of preparation.
4.3 Every Refreshment Vehicle - Type 3 Licensee shall ensure that every
Vehicle utilized as a Refreshment Vehicle in their Business is:
(a)
equipped with a properly maintained and operational audible sound-
emitting warning device which is activated when the Vehicle is
operating in reverse;
(b)
equipped with body, doors and windows are of sufficiently sound
construction to provide reasonable protection against dust, dirt, flies and
other nuisances;
(c)
equipped with a floor made of suitable impervious material, free of
holes, cracks or crevices, and the surface thereof shall be readily
washable and shall be kept clean and in good condition;
(d)
equipped with a storage area from which hard ice cream and related
products are sold, maintained at a temperature no higher than minus-
fifteen (-15) degrees Celsius and such area be equipped with an
accurate, indicating thermometer;
(e)
equipped with at least two (2) amber lights attached at the top or near
the highest point of the Vehicle and must be visible by a Person one-
point-five-two (1.52) metres in height at a distance of not more than
one-point-two (1.2) metres in front of or behind the Vehicle, and the
Vehicle shall be equipped with a mechanical device causing such amber
lights to flash alternately at all times when the Vehicle is stopped for
By-law 2022-20
Page 33
the sale of ice cream products and other frozen confections, and such
device shall be so operated at all such times;
(f)
present with and conspicuously displayed on the rear of the Vehicle in
black letters on a yellow background "Watch for Children" in letters at
least fifteen (15) centimetres high, and such background shall be at least
twenty-three (23) centimetres wide;
(g)
equipped with a cover attached over each of its bumpers which shall be
on a curve or angle to prevent a Person from standing, stepping on or
hanging from the bumpers;
(h)
equipped with two (2) sinks of adequate size and non-corrodible
material equipped with hot running water;
(i)
equipped with a tank to receive sink wastes;
(j)
equipped with storage for dry products, sundae toppings, and syrups,
which storage shall be easily cleanable and where necessary of a type
readily dismantled for cleaning;
(k)
equipped with mechanical air-conditioning in the Vending part of the
Vehicle;
(l)
equipped with adequate insulation to prevent fumes from the engine or
engines from reaching the vending section of the Vehicle;
(m) equipped with a "Mirror System" which makes it possible for the Driver
to complete a 360 degree visual inspection of the area around the
Vehicle;
(n)
equipped with a properly maintained and operational device by which
the engine of the vehicle cannot be started or operated while the serving
windows of the vehicle are open; and
(o)
equipped with a diesel generator for the refrigeration system of the
Vehicle.
4.4
Every Refreshment Vehicle - Type 4 Licensee shall:
(a) Where the Refreshment Vehicle is over one hundred eighty (180)
kilograms in weight (fully equipped excluding Food and Drink items for
sale), a Safety Standards Certificate issued by a certified Class "A" or
Class "B" mechanic in Ontario dated not more than thirty-six (36) days
prior to the issuance or renewal of a License;
(b) Ensure that vehicles shall be equipped with a properly maintained and
operational device by which the engine of the vehicle cannot be started or
operated while the service window(s) of the vehicle are open;
(c) Ensure that all vehicles shall be equipped with a properly maintained and
operational audible sound-emitting warning device which is activated
when the vehicle is operating in reverse;
(d) Ensure that the body, doors and windows of such vehicle shall be of
sufficiently sound construction to provide reasonable protection against
dust, dirt, flies and other injurious matter or things;
(e) Ensure that the floor of such vehicle shall be of a suitable impervious
material, free of holes, cracks or crevices, and the surface thereof shall be
readily washable and shall be kept clean and in good condition;
By-law 2022-20
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(f) Ensure that the vehicle shall be equipped with either a metal refuse
container with a self-closing lid which shall be kept at all times in a clean
and sanitary condition and emptied at least once daily, or a disposable
litter container which shall be replaced daily; and such containers shall be
used for the disposal of all refuse;
(g) Ensure that all vehicles where food products are prepared and sold shall
have:
i.
two (2) sinks of adequate size and of non-corrodible material
equipped with hot running water;
ii.
a tank to receive sink wastes;
iii.
a refrigerated cabinet for storage of perishable food products
which cabinet shall be maintained at a temperature no higher
than five (5) degrees Celsius and shall be equipped with an
accurate, indicating thermometer;
iv.
storage for dry products shall be easily cleanable and where
necessary of a type readily dismantled for cleaning;
v.
mechanical air-conditioning in the vending and dispensing
part of the vehicle;
vi.
adequate insulation to prevent fumes from the engine or
engines from reaching the vending and dispensing section of
the vehicle; and,
vii.
Screens or other devices to ensure adequate protection against
flies and dust;
(h) Ensure that every vehicle shall have attached thereto at the top or near the
highest point thereof at least two (2) amber lights visible by a person one-
point-five-two (1.52) metres in height at a distance of not more than one-
point-two (1.2) metres in front of or behind the vehicle, and the vehicle
shall be equipped with a mechanical device causing such amber lights to
flash alternately at all times when the vehicle is stopped for the sale of
food products, and such device shall be so operated at all such times;
(i) Ensure that every vehicle shall have a cover over each of its bumpers
which cover shall be on a curve or angle to the rear of the vehicle;
(j) Ensure that every refreshment vehicle to which this section relates shall
have painted in contrasting colour on both side panels in letters and
figures at least ten (10) centimetres high the name and business address of
the owner thereof; and below such name and address in letters at least six-
point-three (6.3) centimetres high the words "Markham License"
followed by the license number of such vehicle in figures at least fifteen
(15) centimetres high;
(k) Ensure that whenever required so to do by the licensing officer bring such
vehicle to any person designated by the licensing officer for inspection at
the place and time indicated by the licensing officer;
(l) Ensure only single service disposable cups, plates, containers, forks,
spoons and serviettes provided in dispensers approved by the licensing
officer or individually wrapped shall be used in the sale of all food and
refreshments;
By-law 2022-20
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(m) Ensure that every person preparing, selling or handling food or
refreshments:
(i) have clean clothes, appropriate headwear that confines their hair,
(ii) be clean and neat in appearance,
(iii) have clean hands;
(iv) have a current food handler's certificate issued by the York
Region Health Department and shall keep with him and produce
for inspection by the licensing officer such food handler's
certificate at all times.
5.0
REFRESHMENT VEHICLE LICENSEE PROHIBITIONS
5.1
No Refreshment Vehicle Licensee shall:
(a) sell any Refreshment or related product to which this section relates not
prepared, assembled and wrapped under conditions complying entirely
with the requirements of any Regional, Provincial, or Federal
Government agency or law;
(b)
serve any Person Refreshment who is standing on a traveled portion of
a Highway;
(c)
stop or park a Refreshment Vehicle in any way that impedes or
obstructs traffic, private roadways or driveways;
(d)
stop for the Sale of Refreshments within:
(i)
fifteen (15) meters of any intersection;
(ii)
thirty (30) metres of any public park;
(iii)
fifty (50) meters of any stationary eating establishment;
(iv)
one hundred (100) metres of any school grounds; or
(v)
one hundred (100) metres of the boundary of a Special Event,
except when approved as part of a Special Event;
(e)
amplify any sounds, ring any bells or chimes, or utilize any other means
of recognition:
(i)
after 8:30 pm;
(ii)
at intervals of less than five (5) minutes; or
(iii)
not lasting longer than five (5) seconds at a time;
(f)
Operate a Vehicle on private property without written consent of the
Property Owner or management company; and
(g)
Operate on any City property except when permission is first obtained
in writing, dated not more than seven (7) days old, from the Licensing
Officer.
By-law 2022-20
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5.2
No Refreshment Vehicle - Type 1 Licensee shall:
(a)
stop on a Highway for the Sale of Refreshments unless necessary to
service a construction site or work crew, and in no case shall the
duration of such stop exceed ten (10) minutes;
(b)
shall not park on any lot, Highway, or other location, while carrying on
the Business for which it is licensed, for a period of time exceeding two
(2) hours, during any twenty-four (24) hour period; and
(c)
park or stop on any Highway within a residential plan of subdivision for
the Sale of Refreshments, unless such subdivision is still in the process
of development and houses thereon are still in the process of
construction.
5.3
No Refreshment Vehicle - Type 3 Licensee shall:
(a)
Operate a Refreshment Vehicle between the hours of 10:00 p.m. of one
day and 10:00 a.m. of the next day; and
(b)
have the Refreshment Vehicle remain stationary for a period of more
than ten (10) minutes when Refreshments are being Offered for Sale on
a Highway.
5.4
No Refreshment Vehicle - Type 4 Licensee shall:
(a) permit any Refreshment Vehicle operator to sell or offer to sell food or
refreshments from a Refreshment Vehicle - Type 4 without first
obtaining a license;
(b) operate a Refreshment - Type 4 unless it has the license and the owner's
plate issued by the Licensing Officer permanently affixed thereto;
(c) park or stop such vehicle, on any road within a Residential Plan of
Subdivision, unless such subdivision is still in the process of development
and houses thereon are still in the process of construction;
6.0
SPECIAL EVENT VENDOR LICENCES
6.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Special Event Vendor's Licence shall produce
with their application:
(a)
a City Special Event permit where a Special Event is to occur on
City Property;
(b)
a valid general liability insurance coverage in the amount of least
two million dollars ($2,000,000);
(c)
York Region Public Health Department's vendor application
form approval; and
(d)
a letter from the Special Event Organizer:
(i) listing all Refreshment Vehicles Operating in conjunction with
the Special Event;
(ii) indicating the location of the Special Event;
By-law 2022-20
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(iii) indicating the date(s) and time of the Special Event; and
(iv) York
Region
Public
Health
Department's
organizer
application form approval.
6.2
A Special Event Licence issued under this Schedule shall only be valid for
the date(s) and location listed on the Licence.
6.3
All Refreshment Vehicles Owners/Operators and Special Event Vendors
operating at a Special Event shall comply with the provisions of this By-law.
6.4
A Special Event Vendor in lieu of possessing a City issued Refreshment
Vehicle Owner/Operator Licence may provide a copy of a valid Refreshment
Vehicle Owner/Operator Licence or an equivalent Licence from another
municipality in Ontario at the approval of the Licensing Officer.
6.5
A Person is exempt from obtaining a Special Event Vendor's Licence where
Refreshments are those of their owned farmed food products.
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SCHEDULE 4
Relating to the Limousine Owners and Drivers
1.0
LICENSING REQUIREMENTS FOR LIMOUSINE OWNERS
LICENCE
1.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Limousine Owner's Licence shall produce
with their application:
(a)
a list of the name and address of each Limousine Driver Employed by
them who Operate the Limousine in the City; and
(b) the current Schedule of Rates on the Applicant's letterhead, to be
charged to Customers for all services.
2.0
REQUIREMENTS OF LIMOUSINE OWNERS
2.1
Every Limousine Owner shall:
(a)
notify the Licensing Officer no later than seventy-two (72) hours, in
writing, of the name and address of each newly Employed or terminated
Limousine Driver with the date of such employment or termination;
(b)
ensure that each Driver keeps a daily Trip Sheet in the Vehicle at all
times which contain the following information:
(i) the name and licence number of the Limousine Driver;
(ii) Limousine Plate number;
(iii) the total amount paid by the Customer; and
(iv) the date, time and location of the beginning and termination of
each Trip;
(c)
collect all Trip Sheets from the Driver within seven (7) days of the
conclusion of the Driver's shift.
(d)
retain all Trip Sheets for a minimum of six (12) months; and
(e)
Must comply with the Integrated Accessibility Standards Regulation,
O.Reg. 191/11, Section 80.
2.2
For purposes of this Schedule, an Applicant for a Limousine Owner licence
who, in the opinion of the Licensing Officer, is satisfactorily licensed by
another municipality shall be considered licensed by the City of Markham
and may operate within the City's boundaries, subject to the following:
(a) the Applicant is not in breach of the City's Threshold Policy for
Licenses, as per Schedule 1 of this By-law;
(b) the Applicant owes no amounts to the City as a result of outstanding
fees or fines;
(c) the Applicant has paid the required licensing fee
(d) once licensed, the Licensee continues to either:
i.
be licensed with the other municipality and meet the
requirements of this subsection
ii.
meet the renewal requirements for the licence under this by-
law for Limousine Drivers
By-law 2022-20
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2.3
For purposes of complying with application and renewal provisions for
Limousine Drivers, a Limousine Owner holding a valid City of Markham
licence may, on behalf of a Limousine Driver, submit and maintain the
required documents and, under such circumstances, the Limousine Driver
shall be required to consent to access to those documents by the City for
purposes of the administration and enforcement of this By-law.
3.0
REQUIREMENTS OF LIMOUSINE DRIVERS
3.1
Every Limousine Driver shall:
(a)
only provide Limousine service on a pre-arranged basis;
(b)
inform the Customer of the rates to be charged at the time of
contracting conveyance, and no greater amount shall be demanded or
received;
(c)
provided the Passenger with a printed or electronic receipt at
the end of conveyance that includes the amount paid, Driver's name,
and Vehicle Plate number;
(d)
maintain a Trip Sheet of all Trips made by the Limousine
during a shift and turn the Trip Sheet over to the Limousine Owner
within seven (7) days of the conclusion of the shift;
(e)
be attired in a business suit, including a necktie, or a uniform
supplied by the Owner of the Limousine, and such apparel shall be kept
in a neat and tidy condition at all times while conveying Passengers;
(f)
be civil and well behaved;
(g)
take the shortest possible route to the destination desired,
unless the Passenger designates another route;
(h)
take due care of all property delivered or entrusted to them for
conveyance or safekeeping;
(i)
immediately at the end of the conveyance search the Limousine
for any property or money lost or left therein and forthwith deliver over
to the Person owning the property or money, or if the owner cannot be
found, then to the nearest police station with all pertinent information;
(j)
where the Passenger is a person with a disability, make the
receipt available in an "alternate format" suited to the specific needs of
the Passenger; and
(k)
must comply with the Integrated Accessibility Standards
Regulation, O.Reg. 191/11, Section 80.
4.0
VEHICLE REQUIREMENTS
4.1
Every Limousine Owner and Limousine Driver shall ensure that every
Vehicle utilized as a Limousine in their Business is:
(a)
at least a four (4) door Vehicle;
(b)
no more than ten (10) years old;
By-law 2022-20
Page 40
(c)
equipped with fully functioning air-conditioning and heating system;
(d)
equipped with a Trip Sheet as outlined in this Schedule;
(e)
maintained in good repair so that the exterior is clean and it does not
have body or paint damage, holes in floorboards, unserviceable tires,
doors that do not close or lock properly, cracked or chipped windshield
or windows, or any other mechanical defect that would render the
Vehicle unsafe; and
(f)
maintained so that the interior is clean, dry and free from litter,
interior upholstery that is free of tears, wear or soil.
4.2 Notwithstanding Subsection 4.1(b) of this Schedule, a Limousine Owner may
apply to continue to Operate the Limousine for an additional year by making
an application to the Licensing Officer. Such an application may not be made
if the model year of the Limousine is more than eleven (11) years old or for
an initial licensing application.
4.3
An application under subsection 4.2 must be made at the time of renewal and
shall require an inspection and the approval of the Licensing Officer.
5.0
LIMOUSINE OWNER/DRIVER PROHIBITIONS
5.1
No Limousine Owner or Limousine Driver shall:
(a)
Solicit any Person to hire the Limousine or hold out the
Limousine as being available for hire by any Person at or in any Public
Place;
(b)
Stage the Limousine so as to Solicit any Person to hire the
Limousine; and
(c)
carry a greater number of Persons, inclusive of the driver, than
that indicated by the manufacturer's rating of seating capacity for the
Motor and, that a seat belt is available for each Person.
6.0
VEHICLE PROHIBITIONS
6.1
No Limousine shall:
(a)
be equipped with a Taxicab Meter or other device registering distance
travelled or computing a Fare to be paid; or
(b)
be equipped with an Illuminated Roof Light or other advertising
devices.
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SCHEDULE 5
Relating to Taxicab Owners, Drivers, and Brokers
1.0
LICENSING REQUIREMENTS FOR TAXICAB OWNERS
1.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Taxicab Owner Licence shall produce with
their application:
(a)
the current Schedule of Rates on the Applicant's letterhead, to be
charged to Customers for all services;
(b)
a sample of the Illuminated Roof Light and identifying decal;
(c)
where applicable, a contract of the licensed Taxicab Broker
with whom they are associated with;
(d)
where applicable, a copy of the Lease with the licensed Driver;
and
(e)
a list of the name and address of each Taxicab Driver
Employed by them who Operate the Taxicab in the City.
1.2
Notwithstanding any other provisions of the By-law an Airport Taxicab may
make application to be licenced as a Taxicab within the City and shall
produce with their application:
(a)
a valid Greater Toronto Airport Authority Taxicab permit to Operate at
Toronto Pearson International Airport as a Taxicab.
1.3
In addition to the general requirements for licensing established in the City's
Mobile Business Licensing By-law and those for Taxicab Owners, every
Applicant for an Accessible Taxicab Owner's Licence and for the renewal of
an Accessible Taxicab Owner's Licence shall produce with his application:
(a) approval from the Ministry of Transportation to operate as an
accessible vehicle; and
(b) all fares and other charges for services provided from his or her
Accessible Taxicabs.
2.0 LICENSING REQUIREMENTS FOR TAXICAB BROKERS
2.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Taxicab Broker Licence shall produce with
their application:
(a) the current Schedule of Rates on the Applicant's letterhead, to be charged
to Customers for all services;
(b) a list showing in numerical order by Owner's Plate number, the name of
every Driver operating any Taxicab with which they have entered into
any arrangement for the provision of Taxicab Brokerage services;
(c) a sample of the Illuminated Roof Light and identifying decal;
(d) a list of the Taxicab Brokerage rules and procedures, including the terms
and conditions of payment of Taxicab Drivers;
(e) their Federal Radio Licence call sign and frequency number, if any;
By-law 2022-20
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(f) a list showing the number of Taxis available for service to the public on
any particular day, including the times when each such Taxi went on the
road and the time when it was last available for service on that day and
also including the number of Dispatched calls serviced by each such
Taxi;
(g) a description of any Platform and/or Trip Meter used in the provision of
services;
(h) the means by which customers interact with the Platform;
(i) types of data collected from customers;
(j) all types of data provided to customers;
(k) means by which the customer is provided with the fare amount;
(l) how payment is made through the Platform and/or what forms of payment
are accepted;
(m) the basis upon which the Trip meter calculates fares, if applicable;
(n) any additional information the Licensing Officer deems necessary for the
purpose of determining the issuance of a licence; and
(o) must comply with the Integrated Accessibility Standards Regulation
(IASR), O.Reg. 191/11, Section 80.
2.2
No Person shall be licensed as a Taxicab Broker unless they are a Driver
licensed under this By-law.
2.3
When more than one Driver holds shares in a Taxicab brokerage which is a
corporation, the corporation shall designate one of the Drivers as manager, or
as the Person in control of the brokerage.
3.0
REQUIREMENTS OF TAXICAB OWNERS
3.1
Every Taxicab Owner or Registered Lessee shall:
(a)
notify the Licensing Officer no later than seventy-two (72)
hours, in writing, of the name and address of each newly Employed or
terminated Taxicab Driver with the date of such Employment or
termination;
(b)
upon ceasing to deal through a Taxicab Broker:
(i)
remove from their Vehicle the Illuminated Roof Light, radio
crystals and telephone number of the Taxicab Broker they are
leaving;
(ii)
change and remove from the Vehicle the colour scheme and all
decals or other Taxicab Brokerage markings on the Vehicle;
(iii)
return all Business cards and other equipment belonging to that
Taxicab Broker; and
(iv)
within seventy-two (72) hours notify the Licensing Officer of a
change to an affiliated Taxicab Brokerage;
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(c)
when disposing of or otherwise ceasing to use as a Vehicle as a
Taxicab, immediately remove from the said Vehicle:
(i)
the Illuminated Roof Light;
(ii)
the Taxicab Meter;
(iii)
all identifying decals or marking; and
(iv)
all other items which make the Vehicle appear to the public to
be a Taxicab;
(d)
ensure that each Taxicab Driver keeps a daily Trip Sheet in the
Vehicle at all times which contain the following information:
(i)
the name and licence number of the Taxicab Driver;
(ii)
the Taxicab Plate number;
(iii)
the total amount paid by the Customer; and
(iv)
the date, time and location of the beginning and termination of
each trip;
(e)
collect all Trip Sheets from the Taxicab Driver within seven (7)
days of the conclusion of the Driver's shift;
(f)
retain all Trip Sheets for a minimum of twelve (12) months; and
(g)
must comply with the Integrated Accessibility Standards
Regulation (IASR), O.Reg. 191/11, Section 80
4.0
REQUIREMENTS OF TAXICAB DRIVERS
4.1
Every Taxicab Driver shall:
(a)
have a current Schedule of Rate card available at all times and produce
on request to any prospective Customer or Passenger;
(b)
have mounted and displayed at all times, in a location approved by the
Licensing Officer, an information decal approved by the Licensing
officer containing the Customer Bill Of Rights including the Driver's
photograph;
(c)
notwithstanding Subsection (b), where the Passenger is a Person with
a Disability, provide the Customer Bill Of Rights in an alternate format
where requested to do so that meets the needs of the particular
Passenger;
(d)
maintain a Trip Sheet of all Trips made by the Taxicab during a
shift and turn the Trip Sheet over to the Taxicab Owner or Registered
Lessee within seven (7) days of the conclusion of the shift;
(e)
be civil and behave courteously;
(f) be properly dressed, well groomed, neat and clean in appearance;
(g) provided the Passenger with a printed or electronic receipt at the end of
conveyance that includes the amount paid, Driver's name, and Vehicle
Plate number when requested;
By-law 2022-20
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(h) except when they have a previous Taxicab Order or engagement, serve
the first Person requiring the service of their Vehicle at any place within
the City, at any time, except when the Person:
(i)
is intoxicated or disorderly;
(ii)
refuses to state their destination;
(iii)
is in possession of an animal other than a personal assistance
animal;
(iv)
is eating or drinking any food or beverage;
(v) has not paid a previous Fare or cancellation fee; or
(vi) is, in the opinion of the Driver, unable or unwilling to pay the
Fare and has been unable or unwilling to satisfy the Driver that
they have the funds to pay the Fare;
(i)
punctually keep all their hiring engagements, and shall not make any
further engagement or Taxicab Order if a previous engagement would
prevent them from fulfilling it;
(j)
take due care of all property delivered or entrusted to them for
conveyance or safekeeping;
(k)
immediately at the end of the conveyance search the Taxicab for any
property or money lost or left therein and forthwith deliver over to the
Person owning the property or money, or if the owner cannot be found,
then to the nearest police station with all pertinent information;
(l)
take the shortest possible route to the destination desired, unless the
Passenger designates another route;
(m) only enter a Taxicab Stand by taking their position at the end of any line
formed by the Taxicabs already on the stand;
(n)
while waiting at a Taxicab Stand or at any other Public Place:
(i)
not 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) not make any loud noise or disturbance;
(iii)
be sufficiently close to their Taxicab to have it under
observation at all times;
(iv)
not wash the Taxicab; or
(v)
not make repairs to their Taxicab, unless the repairs are
immediately necessary;
(o)
not pick up any Passenger within sixty (60) meters of a Taxicab Stand
when there are one or more Taxicabs upon the stand:
(i)
unless an arrangement has been previously made with the
Passenger to pick them up at that location; or
By-law 2022-20
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(ii)
unless the Passenger exhibits a preference for that Taxicab, and
the chosen Taxicab Driver notifies the Driver of the first
Taxicab on the Taxicab Stand;
(p) engage the Taxicab Meter at the commencement of the Trip and keep it
engaged throughout the Trip, except where a contract exists with the
Regional Municipality of York to provide Taxicab service;
(q) be allowed to engage the Taxicab Meter before the Passenger enters the
Vehicle, only after the Taxicab Driver has notified the Passenger of
their arrival and has waited more than 10 minutes after the due time of
the Order;
(r) at the conclusion of the Trip, place the Taxicab Meter in the time-off
status and after payment, place in the vacant status;
(s) turn off any radio, tape player or any other sound producing mechanical
device in their Taxicab and turn down the volume on the two-way radio
upon being requested to do so by any Passenger, and having done so,
shall leave such devices in the off or turned down position until
termination of the Trip with that Passenger; and
(t) upon ceasing to deal through a Taxicab Broker:
(i)
remove from their Vehicle the Illuminated Roof Light, radio
crystals and telephone number of the Taxicab Broker they are
leaving;
(ii)
change and remove from the Vehicle the colour scheme and all
decals or other Taxicab Brokerage markings on the Vehicle;
(iii)
return all Business cards and other equipment belonging to that
Taxicab Broker; and
(iv)
within seventy-two (72) hours notify the Licensing Officer of a
change to an affiliated Taxicab Brokerage.
(u) Must comply with the Integrated Accessibility Standards Regulation
(IASR), O.Reg. 191/11, Section 80
4.2
In addition to the general requirements for licensing established in the City's
Mobile Business Licensing By-law and those for Taxicab Drivers, every
Applicant for an Accessible Taxicab Driver's Licence and for the renewal of
an Accessible Taxicab Driver's Licence shall produce with his application:
(a) a certificate of completion of an Accredited Securement Training
course, as approved by the Licensing Officer; and
(b) any other documentation or information requested by the
Licensing Officer
4.3
Every Person operating an Accessible Taxicab shall:
(a) offer such assistance as required to facilitate the entry or exit of a
physically disabled Person into or out of an Accessible Taxicab
(b) where a wheelchair is being used by a passenger, ensure that the
wheelchair and occupant restraint system is properly secured in the area
so provided;
(c) ensure that the passenger's seatbelt is properly secured.
By-law 2022-20
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.
5.0
REQUIREMENTS OF TAXICAB BROKERS
5.1
Every Taxicab Broker shall:
(a)
require all Taxicab Owners who have entered into arrangements with
them for the provisions of Taxicab Brokerage services, to use the same
design, shape and colour scheme of Illuminated Roof Light, and to
attach to each front door of the Taxicab an identifying decal which shall
include the name of the Taxicab Broker, in a form approved by the
Licensing Officer;
(b)
notify the Licensing Section, in writing, within ten (3) days of any
additions or deletions from their Employee list;
(c)
keep a record of each Taxicab Dispatched on a Trip, the time and date
of receipt of the Taxicab Order, and the pick-up location, and retain
these records for a period of at least three (6) months;
(d)
upon request, inform any Customer of the anticipated length of time
required for a Taxicab to arrive at the pick-up location;
(e)
when volume of Business is such that service will be delayed to a
prospective Customer, the Taxicab Broker shall inform the Customer of
the approximate length of the delay, before accepting the Taxicab
Order;
(f)
Dispatch a Taxicab to the first Person requesting service within the
City, unless the Person requesting service has not paid for a previous
Trip and these facts are verified by the Taxicab Broker;
(g)
on instructions of the Licensing Officer, not Dispatch calls to any
Taxicab, if the licensed Owner or licensed Driver, in the opinion of the
Licensing Officer, may have contravened any section of this By-law,
which substantially affects the public;
(h)
employ or use only the services of an Owner or Driver licensed as such
by the City; and
(i)
must comply with the Integrated Accessibility Standards
Regulation (IASR), O.Reg. 191/11, Section 80.
6.0
VEHICLE REQUIREMENTS
6.1
Every Taxicab Owner and Taxicab Driver shall ensure that every Vehicle
utilized as a Taxicab in their Business is:
(a)
equipped with four (4) doors;
(b)
equipped with an extra tire wheel and jack;
(c)
equipped with a Trip Sheet as outline in this By-law;
(d)
equipped with fully functioning air-conditioning and heating system;
(e)
present with markings in contrasting colour on both sides in letters and
figures at least ten (10) centimeters high, the Owner's Plate number
preceded by the letter M on both front fenders;
By-law 2022-20
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(f)
affixed to the rear of the front seat, in a holder, or at a location in a
manner approved by the Licensing Officer, the current Schedule of
Rates and Vehicle Plate number;
(g)
equipped with a Taxicab Meter of the type approved, sealed and
mounted in a position approved by the Licensing Officer so that it is
clearly visible to the Passengers in the front and rear seats of the
Taxicab;
(h)
equipped with an electrically Illuminated Roof Light which is securely
attached to the top of the Taxicab in a manner approved by the
Licensing Officer co-ordinated with the operation of the Taxicab Meter
such that, when a Trip is in progress, the Illuminated Rood Light shall
be extinguished and, when no Trip is in progress, the Illuminated Rood
Light shall be illuminated;
(i)
equipped with a sleeve inside the Vehicle facing the backseat displaying
the Customer Bill of Rights and a photograph of the Taxicab Driver;
(j)
maintained in good repair so that the exterior is clean and it does not
have rust, body or paint damage, holes in floorboards, unserviceable
tires, doors that do not close or lock properly, cracked or chipped
windshield or windows, or any other mechanical defect that would
render the Vehicle unsafe;
(k)
maintained so that the interior is clean, dry and free from litter, and the
interior upholstery is not torn, worn or soiled;
(l)
is a model years no older than ten (10) years calculated from and
including the current calendar year; and
(m) when solely engaged in transporting children to and from school,
equipped with a sign at the rear of the Vehicle not less than twenty-
seven (27) centimetres by thirty-five (35) centimetres in size, clearly
visibly displaying the words "School Vehicle" in black letters on a
white or yellow background.
6.2
Notwithstanding Section 6.1(l) of this Schedule, a Taxicab Owner may apply
to continue to Operate the Taxicab for an additional year by making an
application to the City. Such an application may not be made if the model
year of the Taxicab is more than ten (10) years old or for an initial licensing
application.
6.2
Notwithstanding Section 6.1(g) of this Schedule, when the Licensing Officer
is not available to seal the Taxicab Meter, the Licensee who has had the
Taxicab Meter altered, repaired or replaced in the Taxicab, may Operate the
Taxicab on a weekend for a period of up to seventy two (72) hours and
during the week for a period of up to forty-eight (48) hours, provided that the
licensed Taxicab Driver has in their possession a certificate or receipt for the
repair or installation of the Taxicab Meter, signed by the Person who made
the repairs or installation, and the receipt sets out the date, time, and nature of
the repairs or installation.
7.0 TAXICAB OWNER PROHIBITIONS
7.1
No Taxicab Owner or Registered Lessee shall:
(a)
in any manner, permit a Taxicab not owned or Leased by them, to be
Operated under the authority of their Owner's Plate, unless they have
By-law 2022-20
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entered into a Lease or sub-Lease agreement and a copy of the Lease or
sub-Lease has been filed with the Licensing Section;
(b)
permit their Taxicab to be Operated when it has exterior body damage
or rust;
(c)
put any name, address or telephone number or identification other than
that of themselves or the Taxicab Broker with whom they are affiliated,
on their Taxicab or Illuminated Roof Light;
(d)
Operate, use or permit on their Taxicab, any emblem, decal, Illuminated
Roof Light or other markings which are the same shape and/or colour or
similar to any distinctive emblem, decal, Illuminated Roof Light or
other markings being used by any Taxicab Broker with whom they are
not affiliated;
(e)
Operate or permit their Taxicab to be Operated in affiliation with a
Taxicab Broker who is not licensed under this By-law;
(f)
permit their Owner's Licence to be Operated under a Lease which
restricts the movement of the said Licence into or out of any licensed
Taxicab Brokerage, unless the Owner is a Taxicab Broker and wishes to
keep the Owner's Plate in their own Taxicab Brokerage;
(g)
display or permit the display of any sign, emblem, decal, ornament or
advertisement, on or in their Taxicab, except in a form approved by the
Licensing Officer; and
(h)
Operate or permit their Taxicab to be Operated, unless the Taxicab
Meter is an approved type, listed with the Licensing Section, and has
been tested and sealed by the Licensing Officer.
8.0 TAXICAB DRIVER PROHIBITIONS
8.1
No Taxicab Driver shall:
(a)
carry a greater number of Persons, inclusive of the driver, than that
indicated by the manufacturer's rating of seating capacity for the Motor
and, that a seat belt is available for each Person;
(b)
Operate 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;
(c)
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 a Passenger already in the Vehicle;
(ii)
in an emergency situation;
(iii)
when operating a Vehicle which is being used exclusively for
the transportation of children to and from school; or
(iv)
for the transportation of a Person with a Disability provided for
in agreement with the York Region Transit Mobility Plus
services;
By-law 2022-20
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(d)
be required to accept any Taxicab Order when the expenditure of
money by the licensed Taxicab Driver is required on behalf of the
Passenger;
(e)
recommend hotels, restaurants or other like facilities unless requested to
do so by the Passenger;
(f)
be required to provide change for any note larger than fifty dollars
($50.00) unless the Fare is at least one-half (1/2) of the value of the said
note;
(g)
Operate a Taxicab when the Taxicab Meter has not been adjusted in
accordance with the current Schedule of Rates, or when the operation
has not been approved by the Licensing Officer;
(h)
Operate a Taxicab when the Taxicab Meter does not operate properly;
(i)
Operate a Taxicab when the Taxicab Meter seal is improperly affixed;
(j)
Solicit any Person to by any misleading or deceiving statement or
representation to that Person about the location or distance of any
destination named by that Person;
(k)
recover or receive any Fare or charge from any Person to whom they
have refused to show the Schedule of Rates;
(l)
make any charge for time lost through defects or inefficiency of the
Vehicle or the incompetence of the Driver;
(m) make any charge for the time elapsed due to early arrival of the Taxicab
in response to a call for the Taxicab to arrive at a fixed time;
(n)
enter into or become a party to an Exclusive Concession Agreement;
(o)
agree to pay, accept a fee or consideration or do any other act or thing
pursuant to an Exclusive Concession Agreement;
(p)
not charge, demand or received a rate grater to the amount set in the
Businesses Schedule of Rates;
(q)
not charge a senior citizen or a Person with a Disability for any baggage
or wheelchair;
(r)
while waiting for hire or engagement, park the Taxicab they are
Operating on private property except at a Taxicab Stand where Taxicab
Stands are present as listed in this Schedule;
(s)
use or permit to be used a two-way radio or monitoring device in their
Taxicab which enables them to transmit and/or receive any frequency of
a Taxicab Broker licensed under this By-law, with whom they are not
affiliated; and
(t)
be actively affiliated with more than one licensed Taxicab Broker at any
one time.
9.0 TAXICAB BROKER PROHIBITIONS
9.1
No Taxicab Broker shall:
(a)
charge Dues, or increase their Dues unless they have first:
By-law 2022-20
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(i)
submitted in writing, a notice of intent, to the Licensing Officer,
at least one (1) month prior to the proposed effective date of any
increase; and
(ii)
prominently display in the Taxicab Broker office, a copy of the
notice of intent for at least one (1) month prior to the proposed
effective date of any increase;
(b)
display the rules and procedures outlined in Section 2.1(d) of this
Schedule prominently in the Taxicab Brokerage office and abide by
them;
(c)
implement any changes in the rules and procedures outlined in Section
2.1(d) of this Schedule, until the said change is filed with the Licensing
Section and displayed prominently in the Taxicab Broker office;
(d)
accept Taxicab Orders for, or in any way Dispatch or direct Taxicab
Orders to a Taxicab, licensed under this By-law when the activity
would be illegal under another municipal By-law or Provincial statute;
(e)
Dispatch or direct Taxicab Orders for a parcel delivery to a Taxicab
Driver unless the Taxicab Driver first consents to make the parcel
delivery;
(f)
be permitted to have exclusive rights to any Taxicab Stand in the City;
(g)
enter into or become a party to any Exclusive Concession Agreement;
(h)
require any Taxicab Driver to accept any Taxicab Order necessitating
the expenditure of money, by the Taxicab Driver, on behalf of the
Customer;
(i)
enter into an agreement for the provision of Taxicab Broker services
with a Taxicab Driver or Taxicab Owner who is already affiliated with
another Taxicab Broker;
(j)
make any charge or financial demand, directly or indirectly, of a
Taxicab Owner, Lessee or sub-Lessee of a Taxicab, other than Dues;
(k)
not charge, demand or received a rate grater to the amount set in the
Businesses Schedule of Rates; and
(l)
not charge a senior citizen or a Person with a Disability for any baggage
or wheelchair.
10.0 AUTHORIZED STANDS FOR TAXICABS
Municipal
Address
Approximate
Location
Property's
Operating Name
Number
of Spaces
7755 Bayview
Avenue
South West corner
of parking lot
Thornhill Community
Centre
6
6041 Highway
7 East
South East corner of
parking lot
Markham Village
Community Centre
4
377 Church
Street
In front of building
Markham Stouffville
Health Centre
2
50 East
Valhalla Drive
East side of parking
lot, beside entrances
Edward Hotel
Markham
4
7095 Woodbine
Avenue
North side of
parking lot
Courtyard by Marriott
2
By-law 2022-20
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5000 Highway
7 East
South side (In front
of Sporting Life)
Markville Shopping
Centre
2
5000 Highway
7 East
North side (In front
of Best Buy)
Markville Shopping
Centre
2
2900 Steeles
Avenue East
South West corner
of parking lot
The Shoppes on
Steeles and 404
5
4300 Steeles
Avenue East
South West corner
of parking lot
Pacific Mall
3
11.0 CUSTOMER BILL OF RIGHTS
The CORPORATION of the CITY of MARKHAM
CUSTOMER BILL OF RIGHTS
City of Markham taxicab passengers are entitled to a professional driver who:
- prominently displays their taxicab driver licence inside the taxicab;
- is knowledgeable and knows the major routes and destinations in the City of
Markham;
- is well-groomed, neat and clean in personal appearance;
- speaks, reads, and understands English;
- is courteous and provides assistance;
- provides a safe ride;
- knows and obeys City of Markham by-laws and all traffic laws;
- offers a silent ride if desired;
- takes the most direct route to the destination unless otherwise directed by the
passenger;
- is physically able to assist passengers into the vehicle and to assist them with
their belongings;
- keeps the interior of their taxicab clean and free of debris;
- issues a receipt upon request noting the date and time of the trip, place of
pick up, place of discharge, taxicab licence number, Provincial plate number
and the fare charges paid; and
- accommodates a personal service animal.
City of Markham taxicab passengers are entitled to a quality taxicab:
- in good mechanical and physical condition;
- with a properly calibrated and sealed taximeter;
- with a clean exterior, passenger area and trunk;
- which is heated or air conditioned on demand;
- with easy access to seatbelts; and
- is a smoke free environment.
City of Markham taxicab passengers are responsible for:
- paying the required fare;
- not eating, drinking or smoking inside the taxicab; and
- not interfering with the taxicab driver in the conduct of their duties.
Compliments or Complaints
Telephone: (905) 477-7000
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SCHEDULE 6
Relating to the Tow Truck Owners, Drivers and Companies
1.0
LICENSING REQUIREMENTS FOR TOW TRUCK OWNERS
1.1
In addition to the application requirements for licensing established in this
By-law every Applicant for a Tow Truck Owner Licence shall produce with
their application:
(a)
the current Schedule of Rates on the Applicant's letterhead, to be
charged to Customers for all services;
(b)
a sample invoice on the Applicant's letterhead;
(c)
a sample Run Sheet on the Applicant's letterhead;
(d)
a current list of City licensed Tow Truck Drivers Operating the Tow
Truck;
(e)
where applicable, a contract of the licensed Tow Truck Company with
whom they are associated with;
(f)
where affiliated or Operating out of a Public Garage that is located
within or outside of the City shall provide:
(i) the name, address, and telephone number of the Public Garage;
and
(ii) a copy of any agreements with the Public Garage;
(g)
a City zoning search for the Vehicle Pound utilized by the Business
providing the address and use is permitted within the City;
(h)
comprehensive general liability insurance of two million dollars
($2,000.000.00);
(i)
insurance in the amount of at least one-hundred thousand dollars
($100,000.00) against legal liability for damage to Customers'
Vehicles while being Towed or while in the care, custody or control of
the Licensee, caused by Collision, theft or all perils damage; and
(j)
in respect of any one claim, cargo liability insurance in the amount of
at least fifty thousand dollars ($50,000.00) to indemnify the Licensee
against loss by reason of their legal liability for direct physical loss or
damage to Vehicles and other items of property accepted by the
Licensee for Towing or conveyance.
2.0 LICENSING REQUIREMENTS FOR TOW TRUCK COMPANIES
2.1
In addition to the application requirements for licensing established in this
By-law, every Applicant for a Tow Truck Company Licence shall produce
with their application:
(a)
the current Schedule of Rates on the Applicant's letterhead, to be
charged to Customers for all services;
(b)
a list showing in numerical order by Owner's Plate number, the name
of every Driver operating any Tow Truck with which they have entered
into any arrangement for the provision of Tow Truck Company
services;
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(c)
a list of all Tow Truck Owners that operate out of such Company.
(d)
where affiliated or Operating out of a Public Garage that is located
within or outside of the City shall provide:
(i) the name, address, and telephone number of the Public
Garage; and
(ii) a copy of any agreements with the Public Garage;
2.2
No Person shall be licensed as a Tow Truck Company unless they are a Tow
Truck Driver licensed under this By-law.
2.3
When more than one Tow Truck Driver holds shares in a Tow Truck
Company which is a corporation, the corporation shall designate one of the
Drivers as manager, or as the Person in control of the Tow Truck Company.
3.0
REQUIREMENTS OF TOW TRUCK OWNERS
3.1
Every Tow Truck Owner shall:
(a)
notify the Licensing Officer no later than seventy-two (72) hours, in
writing, of the name and address of each newly Employed or
terminated Tow Truck Driver with the date of such Employment or
termination;
(b)
only charge the rates filed with the Licensing Officer and provide
written notice to Licensing Officer thirty (30) days before any change
to such Schedule of Rates;
(c)
before demanding payment for services, present to the Customer an
itemized bill for the services, setting out the cost of all services and
equipment provided, or to be provided on the basis of the rates set out
in the Schedule of Rates filed with the Licensing Officer;
(d)
ensure that each Tow Truck Driver keeps a daily Run Sheet in the
Vehicle at all times which contain the following information:
(i)
the name and address of every Customer;
(ii)
a description of the Vehicle Towed or conveyed including the
Provincial motor vehicle permit number;
(iii)
the name and licence number of the Tow Truck Driver;
(iv)
the Tow Truck Plate number;
(v)
the services provided;
(vi)
the total amount paid by the Customer; and
(vii)
the date, time and location of the beginning and termination of
each Tow or conveyance;
(e)
collect all Run Sheets from the Tow Truck Driver within seven (7)
days of the conclusion of the Driver's shift;
(f)
retain all Run Sheets for at least twelve (12) months; and
(h)
upon ceasing to deal through a Tow Truck Company:
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(i)
change
and remove from the Vehicle all decals or other Tow Truck
Company markings on the Vehicle of the Tow Truck Company
they are leaving;
(ii)
within seventy-two (72) hours notify the Licensing Officer of a
change to an affiliated Tow Truck Company.
4.0
REQUIREMENTS OF TOW TRUCK DRIVERS
4.1
Every Tow Truck Driver shall:
(a)
be civil and behave courteously;
(b)
be properly dressed, well groomed, neat and clean in appearance, and
properly dressed in a uniform shirt displaying the Business name;
(c)
deliver the Vehicle being Tow or otherwise conveyed by the shortest
possible route to the destination desired, unless the Customer
designates another route;
(d)
have a current Schedule of Rate card available at all times and produce
on request to any prospective Customer or Passenger;
(e)
before demanding payment for services, present to the Customer an
itemized bill for the services, setting out the cost of all services and
equipment provided, or to be provided on the basis of the rates set out
in the Schedule of Rates filed with the Licensing Officer;
(f)
clean up any debris, fragments of glass, Vehicle parts or other
materials (excluding loads dumped during the collision) which may be
a danger to the public from any Highway prior to Towing the Vehicle
from the Collision Scene;
(g)
take due care of all Vehicles and property delivered or entrusted to
them for Towing; and
(i)
upon ceasing to deal through a Tow Truck Company:
(i)
change
and remove from the Vehicle all decals or other Tow Truck
Company markings on the Vehicle of the Tow Truck Company
they are leaving; and
(ii)
within seventy-two (72) hours notify the Licensing Officer of a
change to an affiliated Tow Truck Company.
5.0
REQUIREMENTS OF TOW TRUCK COMPANIES
5.1
Every Tow Truck Company shall:
(a)
notify the Licensing Section, in writing, within ten (10) days of any
additions or deletions from their Employee list; and
(b)
Employ or use only the services of an Owner or Driver licensed as such
by the City.
6.0
VEHICLE AND EQUIPTMENT REQUIREMENTS
6.1
Every Tow Truck Owner and Tow Truck Driver shall ensure that every
Vehicle utilized as a Tow Truck in their Business is:
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(a)
a dual rear-wheel truck;
(b)
equipped with a Run Sheet as outline in this By-law;
(c)
equipped with the Schedule of Rates sheet filed with the Licensing
Officer;
(d)
maintained in good repair so that the exterior is clean, does not have
rust, body or paint damage, holes in floorboards, unserviceable tires,
doors that do not close or lock properly, cracked or chipped windshield
or windows, or any other mechanical defect that would render the
Vehicle unsafe;
(e)
maintained so that the interior is clean, dry and free from litter, and the
upholstery is not torn, worn or soiled;
(f)
notwithstanding any other provision of this By-law, equipped to the
rear portion on the outside of the Tow Truck, the Plate issued for the
Tow Truck; and
(g)
present with markings in contrasting colour on both sides of the
Vehicle in letters and figures at least ten (10) centimeters high:
i. the Owner's Plate number preceded by the letter M;
ii. the Tow Truck Owner's Operating name; and
iii. the Tow Truck Company with which the Owner is associated
with.
6.2
Every Tow Truck Owner and Tow Truck Driver shall ensure that every
Vehicle utilized as a Tow Truck in their Business is present with the
following equipment maintained clean and in good repair:
(a)
winching or hoisting device of sufficient capacity to safely lift the
Motor Vehicle to be Towed;
(b)
tow cradle, tow bar or tow sling which is maintained in a manner to
ensure the safe lifting and conveying of a Towed Vehicle, except
where a flatbed type Tow Truck is being used;
(c)
two (2) safety chains having a minimum length of 2.7 metres (9 feet)
each with links of at least 21 millimetre (1 inch) steel;
(d)
an intermittent amber warning light system consisting of at least one
light, which, when activated, is clearly visible in all directions from a
distance of at least one hundred (100) metres;
(e)
magnetic Towing lights, which shall be attached as close to the rear of
the Vehicle in Tow, for illumination and braking;
(f)
2.27 kilogram (5 pound) fire extinguisher with a rating equivalent to
at least 40-B:C;
(g)
device for securing the steering wheel of a Vehicle;
(h)
push broom;
(i)
square shovel;
(j)
first aid kit;
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(k)
pry bar at least 1.5 metres (5 feet) in length with a tapered end;
(l)
two (2) rubber or metal wheel chocks;
(m)
four (4) safety flares or four (4) reflective pylons at a minimum height
of twelve (12) inches, or any combination of each totalling four (4);
(n)
wheel wrenches;
(o)
wheel straps;
(p)
booster cables;
(q)
reflective safety vest;
(r)
absorbent material capable of absorbing or removing any Vehicle
fluid product from the road surface; and
(s)
garbage container with a minimum capacity of ten (10) litres (2.5
gallons).
7.0 TOW TRUCK OWNER/DRIVER PROHIBITIONS
7.1 No Tow Truck Owner or Tow Truck Driver shall:
(a)
put any name, address or telephone number or identification other than
that of the Tow Truck Owner or the Tow Truck Company with whom
they are affiliated, on the Tow Truck;
(b)
be actively affiliated with more than one licensed Tow Truck
Company at any one time
(c)
demand or request payment for the services rendered, or to be
rendered, other than in accordance with the applicable Schedule of
Rates filed with the Licensing Officer;
(d)
recover or receive any payment from any Person to whom they have
refused to show the Schedule of Rates;
(e)
permit any other Person other than a Driver licensed under this By-law
to use, Operate or Drive a Tow Truck licensed under this By-law for
the Towing or otherwise convening of any Vehicle;
(f)
commence to Tow or otherwise convey or move any Vehicle, or hook,
lift or connect a Vehicle to a Tow Truck, or perform any other services
unless first requested so to do by a Customer, or a Police Officer, or
any member of the City fire department, or any Person authorized by
law to direct the removal of the Vehicle from private or public
Property;
(g)
stop, or park within two hundred (200) metres of a Collision Scene
unless the Tow Truck Driver has been summoned to the Collision
Scene by one of the Person referred to in Section 7(1)(f) of this
Schedule;
(h)
ask or seek out a Customer or allow or direct an agent to ask or seek
out a Customer, at a Collision Scene or within two hundred (200)
metres of a Collision Scene;
(i)
remove any Vehicle from a Collison Scene or immediate vicinity of a
Collison Scene in respect of which a report is required by law to be
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made to a Police Officer, until such report has been made and the
investigating Police Officer has completed their investigation in
respect of such Vehicle, or has stated that the presence of such Vehicle
is no longer required for the investigation;
(j)
interfere with any contract for hiring of a Tow Truck where a Person
has hired or has indicated an intention to hire a Tow Truck, except
under direction of a Police Officer in order to assist in an investigation;
(k)
interfere with:
(i)
a Person involved in a motor vehicle collision or otherwise in
need of the services of a tow truck;
(ii)
a Persons responding to a Motor Vehicle Collision including,
but not limited to, Officers, members of a fire department,
members of an ambulance service, and other Tow Truck
Drivers; or
(iii)
pedestrian or vehicular traffic;
(l)
induce any Person to employ or hire a Tow Truck by making any false
representations to any Person, including representations regarding the
location of, or distance to, any place;
(m)
demand, request, or receive a Drop Fee;
(n)
charge a Customer for lost time though defects or inefficiency of the
Tow Truck, or the incompetence of the Tow Truck Owner or Driver;
(o)
suggest or recommend to any Customer that any Motor Vehicle in
respect of which their services are to be given or requested, be Towed,
conveyed, Driven or delivered to any particular Vehicle Pound unless
they have been requested to do so by the Customer;
(p)
demand or receive, directly or indirectly, any gift, payment, Drop Fee,
or other consideration from any Person who owns or has a direct or
indirect interest in any Vehicle Pound or Public Garage with respect to,
or in consideration for, the Towing or conveying of a Vehicle to such
Vehicle Pound or Public garage; and no Owner or Driver shall be a
party to any transaction by which any such gift, payment, Drop Fee, or
other consideration is paid or given, or is required to be paid or given;
or
(q)
permit a Person to be a Passenger in a Tow Truck, except under the
following circumstances:
(i)
the Passenger is the Customer of the Tow Truck;
(ii)
the Passenger has been issued a City Tow Truck Driver's
Licence, and is receiving instructions as to the operation of a
Tow Truck; or
(iii)
the passenger is either the spouse, child, parent or similar
relation of the Tow Truck Driver.
7.3
Section 6.1(p) of this Schedule does not prohibit where the Person making
the payment is the Owner of a Tow Truck or is a Tow Truck Company, the
payment by such Owner to the Driver of a Tow Truck owned or provided by
such Person, provided that:
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(a)
full disclosure in writing of such payment and of the services in
respect of which it is made, is made to the Customer before any charge
is made to such Customer in respect of such services; and
(b)
no charge is made to the Customer in respect of such services other
than as authorized by the Businesses Schedule of Rates as supplied to
the Licensing Officer.
7.4
Where a Person who is permitted to be a Passenger pursuant to Section
5.1(q)(ii) of this By-law is receiving instructions on Driver training such
Passenger shall not be:
(a)
trained for more than one (1) thirty (30) day period commencing from
the date the application for a Driver's License was submitted to the
Licensing Section; or
(b)
permitted more than one (1) such thirty (30) day training session
regardless of the number of applications from a Driver's License the
applicant may have made to the Licensing Section.
7.5
In such cases where a Person is permitted to be a Passenger pursuant to
Section 6.1(q)(iii) of this By-law the Tow Truck Driver is not to Solicit or
engage in any form of Towing or have their Tow Truck within two hundred
(200) metres of a Collision Scene, nor shall the Driver cause or permit their
Passenger to Solicit or take any actions to engage in any form of Towing.
7.6
Nothing contained in this section shall prevent the removal or moving of a
Vehicle for the purpose of preventing injury or damage to any Person or
Property.
7.7
This Schedule does not prohibit the entering into written contract or
agreement between a Tow Truck Owner or a Tow Truck Company and an
automobile association, motor league, any government or local board thereof,
or any limited corporation, containing a Schedule of Rates providing for the
provision of Towing services at rates lower than those shown in the Schedule
of Rates filed by the Tow Truck Owner as required by this Schedule,
provided that:
(a)
a copy of such written Schedule of Rates and the contract or
agreement relating thereto is filed with the City at least thirty (30)
days before any services, to which such contract or agreement applies,
are to be provided;
(b)
any Customer to which such Schedule of Rates or such contract or
agreement applies, is a party to such contract or agreement, or is a
member or employee of such party at the time at which the services
are performed;
(c)
no Owner or Driver to whom such contract or agreement applies shall
demand or request payment for their services other than in accordance
with the applicable Schedule of Rates filed with the Licensing Officer
except to the extent to which such rates are modified by the Schedule
of Rates set out in such contract or agreement, in which case the rates
contained therein shall be charged; and
(d)
Notwithstanding the provisions of any other section of this Schedule,
where an estimate is given to the Customer of the cost of services or
equipment to be provided by an Owner or Driver, the charge to the
Customer shall not exceed the charges indicated in the Schedule of
Rates filed with the Licensing Officer under this Schedule or the
amount of estimate, whichever is lower.
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8.0 TOW TRUCK COMPANY PROHIBITIONS
8.1
No Tow Truck Company shall:
(a)
enter into an agreement for the provision of Tow Truck Company
services with a Tow Truck Driver or Tow Truck Owner who is already
affiliated with another Tow Truck Company; and
(b)
not charge, demand or received a rate grater to the amount set in the
Businesses Schedule of Rates.
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SCHEDULE 7
Relating to the Licensing, Regulation and
Governing of Private Transportation Companies and Drivers
1.0
LICENSING REQUIREMENTS FOR PRIVATE TRANSPORTATION
COMPANIES (PTC) AND PTC DRIVERS
1.1
In addition to the general requirements for licensing established in the City's
Mobile Business Licensing By-law 2022-20 every Applicant for a PTC
Licence and for the renewal of a PTC Licence shall produce with their
application:
a) a complete listing of all PTC Drivers and Motor Vehicles that have used its
Platform to pick up passengers in the City in the month previous to the filing
of an application.
(b) a description of the Platform used in the provision of services, including:
(i) means by which customers interact with the Platform;
(ii) all types of data collected from Customers;
(iii) all types of data provided to Customers;
(iv) description of method by which the Customer is provided with
the fare amount;
(v) how payment is made through the Platform, if applicable; and
(vi) any other information the Licensing Officer may request;
(c) proof, satisfactory to the Licensing Officer, that the PTC has appropriate
general liability insurance in the amount of $5,000,000 or more; and
(d) either confirmation that the Passenger, prior to commencing a Trip,
receives the full rate to be charged for the Trip or a complete listing of all
Fares and/or basis upon which such Fares are calculated, as well as any other
fees that may be charged customers for the services provided.
1.2
For purposes of this section, any PTC Driver who, in the opinion of the
Licensing Officer, is satisfactorily licensed by another municipality shall be
considered licensed by the City and may operate within the City's
boundaries.
1.3
For purposes of complying with the application and renewal provisions for
PTC Drivers, a PTC holding a valid City licence may, on behalf of a PTC
Driver, submit and maintain the required documents and, under such
circumstances, the PTC Driver shall be required to consent to access to those
documents by the City for purposes of the administration and enforcement of
this By-law.
1.4
A Motor Vehicle may only be licensed as a PTC if it is not older than ten
model years old.
1.5
Despite section 1.4, a PTC Driver may apply to continue to operate a Motor
Vehicle for an additional year by making an application to the City. Such an
application may not be made if the model year of the PTC is more than ten
(10) years old; or for an initial licensing application.
1.6
An application under section 1.5 must be made at the time of renewal and
shall require an inspection and the approval of the Licensing Officer.
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1.7
A PTC Driver's Licence shall be deemed to continue as long as the associated
PTC pays its licensing fees in full and the PTC Driver complies with the
provisions of this By-law.
1.8
Must comply with the Integrated Accessibility Standards Regulation (IASR),
O.Reg. 191/11, Section 80.
2.0
PTC DRIVER DUTIES
2.1
All PTC Drivers shall:
(a) only provide Ride-Sharing Services on a pre-arranged basis which has
been booked and confirmed through the PTC's Platform;
(b) while providing Ride-Sharing Services, display in a conspicuous place
that is readily and easily viewable by any potential Passenger, the City-
approved decal that identifies the name of the PTC;
(c) be civil and well-behaved;
(d) take the shortest possible route to the destination desired, unless the
Passenger designates another route;
(e) not carry a greater number of Persons, inclusive of the PTC Driver, than
that indicated by the manufacturer's rating of seating capacity for the Motor
Vehicle;
(f) while providing Ride-Sharing Services, not operate a Motor Vehicle with
luggage or other material piled or placed in a manner that obstructs the PTC
Driver's view; and
(g) not dismiss or discharge any Passenger at a point other than the
destination without adequate cause.
3.0
PTC DRIVER PROHIBITIONS
3.1
No PTC Driver shall operate, or permit or allow to be operated, a Motor
Vehicle being used to provide Ride-Sharing Services unless it is in good
mechanical condition and in good repair as to both its exterior and interior.
3.2
No PTC Driver shall operate on a PTC Platform which is not licensed by the
City.
4.0
PRIVATE TRANSPORTATION COMPANY DUTIES
4.1
All PTC's shall ensure that:
(a) every Motor Vehicle used to provide Ride-Sharing Services is free from
mechanical defect to both its exterior and interior;
(b) no Motor Vehicle is being used to provide Ride-Sharing Services that the
PTC knows or has reason to know has been damaged in a collision, without
such damage being fully repaired;
(c) every Motor Vehicle that is operating through its Platform is properly
displaying a City-approved decal that identifies the PTC; and
(d) every Motor Vehicle used to provide a Ride Sharing Service is only
operated by the PTC Driver licensed to do so.
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4.2
No PTC shall:
(a) accept orders for, or in any way dispatch or direct orders to, a Person
licensed under this section when doing so would be illegal under another
municipal by-law or provincial statute; or
(b) dispatch or direct orders to a Person other than a licensed PTC Driver.
4.3
Every PTC shall:
(a) provide the City on or before the 15th day of every third month with a
count of the number of rides dispatched through its Platform originating in
the City and shall concurrently, and in accordance with the City's Licensing,
Permits and Service Fees By-law 2012-137, as amended, submit the
corresponding quarterly fee;
(b) provide the Licensing Officer on or before the 15th day of every third
month with a list of PTC Drivers and Motor Vehicles (including plate
numbers) that are using its Platform in the City;
(c) keep for a minimum of six (6) months a record of every Motor Vehicle
dispatched on a Trip, the date and time of dispatch, the place of pick-up and
destination of such Trip;
(d) submit, upon reasonable notice, any such document deemed relevant by
the Licensing Officer to any Person authorized to administer or enforce the
provisions of this By-law;
(e) carry on business only in the name in which the PTC licence has been
issued; and
(f) prior to accepting a Customer's request for service, provide in writing to
the customer the full fare to be charged for the service.
4.4
No owner, director, officer or employee of a PTC shall refuse to provide
information requested by the City for the purposes of an investigation
pertaining to the administration or enforcement of this By-law.
4.5
No owner, director, officer or employee of a PTC shall refuse to cancel the
access to its Platform to any PTC Driver whose licence has been refused,
suspended or revoked by the City.