This is the exact embedded text of the captured official document.
Snapshot d2aca5c8ecdf · verified 2026-10-28 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Page 1 of 41 of By-law No. 050-2023
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 050-2023
BEING A BY-LAW TO REGULATE AND LICENSE VEHICLES FOR HIRE AND TO
REPEAL BY-LAWS 94-2004, 001-2006, 143-2009, 078-2010, 042-2011 and 050-
2011
WHEREAS Section 8 (3) of the Municipal Act 2001, S.O. 2001, c.25, as amended
hereinafter referred to as the "Municipal Act, 2001" authorizes a municipality to provide
for a system of licences; and
WHEREAS Section 9 of the Municipal Act, 2001 provides that a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising the authority under the Act; and
WHEREAS Section 11(2) of the Municipal Act, 2001 authorizes a municipality to pass
a by-law respecting the health, safety and well-being of persons and respecting the
protection of persons and property including consumer protection; and
WHEREAS sections 9, 11 and 391 of the Municipal Act, 2001 authorize a municipality
to impose fees and charges on persons; and
WHEREAS sections 23.1, 23.2 and 23.3 of the Municipal Act, 2001 authorize a
municipality to delegate its powers and duties under the Act to a person; and
WHEREAS Section 151 of the Municipal Act, 2001 provides that a municipality may
provide for a system of licences with respect to a business and may:
(a)
prohibit the carrying on or engaging in the business without a licence;
(b)
refuse to grant a licence or to revoke or suspend a licence;
(c)
impose conditions as a requirement of obtaining, continuing to hold or
renewing a licence;
(d)
impose special conditions on a business in a class that have not been
imposed on all the businesses in that class in order to obtain, continue
to hold or renew a licence;
(e)
impose conditions, including special conditions, as a requirement of
continuing to hold a licence at any time during the term of the licence;
and
(f)
licence, regulate or govern real and personal property used for the
business and the persons carrying it on or engaged in it; and
Page 2 of 41 of By-law No. 050-2023
WHEREAS section 425 of the Municipal Act, 2001 provides that the council of a
municipality may pass by-laws providing that a person who contravenes a by-law of
the municipality passed under the Municipal Act, 2001 is guilty of an offence; and
WHEREAS section 426(4) of the Municipal Act, 2001 deems that any person that
hinders or obstructs, or attempts to hinder or obstruct any person who is exercising or
performing a duty under this By-law created under the Municipal Act, 2001 is guilty of
an offence; and
WHEREAS section 429 of the Municipal Act, 2001 provides that a municipality may
establish a system of fines for offences under a by-law of the municipality passed
under the Municipal Act, 2001; and
WHEREAS Section 431 of the Municipal Act, 2001 authorizes that where any by-law
of a municipality under the Municipal Act, 2001 is contravened and a conviction
entered, in addition to any other remedy and to any penalty imposed by the by-law,
the court in which the conviction has been entered and any court of competent
jurisdiction thereafter may make an order prohibiting the continuation or repetition of
the offence by the person convicted and requiring the person convicted to correct the
contravention; and
WHEREAS section 436 of the Municipal Act, 2001 authorizes a municipality to pass
a by-law providing that the municipality may enter on land to conduct inspections; and
WHEREAS sections 444 and 445 of the Municipal Act, 2001 authorizes a municipality
to make Orders to discontinue, or to correct, the contravention of a by-law; and
WHEREAS section 446 of the Municipal Act, 2001 authorizes a municipality to do a
matter or thing in default of it being done by the person directed or required to do it;
and
WHEREAS the Council for the Town of Milton deems it desirable and in the public
interest to enact a Vehicle for Hire By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
MILTON HEREBY ENACTS AS FOLLOWS:
1
SHORT TITLE
1.1.
The Short Title of this By-law is the "Vehicle for Hire By-law".
2
SCOPE AND INTERPRETATION
a.
Where the provisions of this By-law conflict with the provision of any
other By-law in force in the Town, the provision that establishes the
Page 3 of 41 of By-law No. 050-2023
higher standard to protect the health, safety and welfare of the general
public shall prevail.
b.
In the interpretation and application of the provisions of this By-law,
unless otherwise stated to the contrary, the provisions shall be held to
be the minimum requirements adopted for the promotion of public
health, safety, comfort, convenience and general welfare.
3
DEFINITIONS
a.
"Accessible taxicab" means a motor vehicle that is an accessible vehicle
and that is licenced as a taxicab by a municipality;
b.
"Accessible vehicle" means a motor vehicle or a transit bus, other than
a school bus,
(a)
that is designed or modified to be used for the purpose of
transporting persons with disabilities and is used for that
purpose, whether or not the vehicle is also used to
transport persons without disabilities, and
(b)
that is operated:
(i)
for compensation by, for or on behalf of any person, club,
agency or organization, or
(ii)
not for compensation by, for or on behalf of any person,
club, agency or organization that holds itself out as
providing a transportation service to persons with
disabilities;
c.
"Accessible vehicle training course" means an accessible vehicle
training course approved by the Licensing Officer.
d.
"Appeal Committee" means the Appeal Committee established by the
Town;
e.
"Applicant " means any person applying for a Licence under this By-law;
f.
"Broker" means a person who carries on the business of accepting calls
and dispatching a taxicab;
g.
"Brokerage" means the general business of a Broker, and includes the
land and premises where such business is carried on;
h.
"Clerk" means the Clerk for the Town or any person designated by the
Clerk;
i.
"Criminal Record Check" means a Criminal Records Check performed
by the Halton Regional Police Service, or the Police Service in the
jurisdiction of the Applicant's residence and dated within six (6) months
of the date of application for the business Licence;
j.
"Dispatch" or "Dispatching" means the communication given in any
manner of an order or information to a Driver;
Page 4 of 41 of By-law No. 050-2023
k.
"Driver" means a person who drives a vehicle for hire but does not
include a TNC Driver;
l.
"Driver's abstract" means a driver's abstract issued by the Province of
Ontario, which contains driver identification details, and information
related to a driver's driving record including total demerit points and
active fine suspensions, Highway Traffic Act and Criminal Code of
Canada convictions and suspensions and reinstatements for the past 3
years;
m.
"Fare" means the amount to be calculated using a taxicab meter or TNC
App;
n.
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H.
8, as amended;
o.
"Licence" means an authorization under this By-law to carry on a
business specified herein and the document, certificate, plate or card
issued which provides evidence of such authority as the context may
allow;
p.
"Licencing Officer" means the person appointed as such by Council;
q.
"Licensee" means any person licenced under this By-law;
r.
"Limousine" means a motor vehicle, with a seating capacity of not more
than ten (10) persons, including the Driver, that provides transportation
services, and includes a luxury vehicle, stretch vehicles and classic,
vintage or specialty vehicles, but does not include station wagons,
vehicles designed to accommodate seating for more than ten (10)
persons or a motor vehicle equipped with a taxicab meter;
s.
"Model year" means the age of a motor vehicle as indicated on the
registration documents of said motor vehicle with the Province of
Ontario;
t.
"Motor vehicle" includes an automobile, truck, trailer, motorcycle and any
other vehicle propelled or driven otherwise than by muscular power;
u.
"Nuisance" means excess or unlawful use of one's property to the extent
of unreasonable annoyance or inconvenience to a neighbour or to the
public, including, but not limited to noise, noxious odours, and traffic;
v.
"Ontario Driver's Licence" means a valid and current unrestricted Class
G driver's licence issued by the Province of Ontario in accordance with
the Highway Traffic Act.
w.
"Officer" means a Provincial Offences Officer or Municipal Law
Enforcement Officer of the Town, or any other person appointed by or
under the authority of a Town By-law to enforce this By-law;
x.
"Order" means an Order issued under Section 10 of this By-law;
y.
"Order for transportation" means the act of requesting transportation
services;
Page 5 of 41 of By-law No. 050-2023
z.
"Transportation Network Company" or "TNC" means a person who
receives, relays, authorizes, facilities, enables or communicates an
order for transportation services through a TNC App but does not include
a Broker;
aa.
"Owner" means any person licenced, or required to be licenced to own
or keep or lease or use any taxicab, limousine or TNC vehicle under the
control of this By-law;
bb.
"Owner plate" means a metal number plate issued to the Owner of a
taxicab or limousine under this By-law;
cc.
"Ownership" means the person endorsed under the vehicle portion of a
provincial permit according to the records maintained by the Registrar
of Motor Vehicles for the Province of Ontario;
dd.
"Passenger" means a person in a vehicle for hire other than a Driver or
a TNC Driver
ee.
"Person" includes a natural person and a company, corporation,
cooperative, partnership, firm, sole proprietorship, trust, association,
society, organization or other legal entity;
ff.
"Pre-arranged booking" means an electronic, written, or oral reservation
or booking made in advance to request transportation services;
gg.
"Premises" means lands and structures, or either of them, and includes
a motor vehicle;
hh.
"Provincial Licence Plate" means a number plate issued in accordance
with the Highway Traffic Act.
ii.
"Provincial Offences Act" means the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended.
jj.
"Public Authority" includes the Town, the Region of Halton, the Halton
District and Halton Catholic School Boards, the Crown in Right of
Ontario, the Crown in Right of Canada or any of their ministries,
agencies, boards or other Crown corporations;
kk.
"Region" means the Corporation of the Regional Municipality of Halton;
ll.
"Safety Standards Certificate" means a certificate that confirms a motor
vehicle complies with the equipment and performance standards
prescribed by the Highway Traffic Act;
mm. "Service animal" includes a guide dog and other trained animal easily
identifiable by a harness or vest and used to assist a person with a
disability, as described in subsection 80.45(4) of O. Reg. 191/11,
Integrated Accessibility Standards;
nn.
"Taxicab" means a motor vehicle with a seating capacity of not more
than seven (7) persons, including the driver, and is licenced under this
By-law to provide transportation services and includes an accessible
taxicab;
Page 6 of 41 of By-law No. 050-2023
oo.
"Taxicab meter" means a measuring device used to calculate the fare
payable for a transportation service but does not include a TNC App;
pp.
"Town" means the Corporation of the Town of Milton;
qq.
"Transit bus" means a class of bus which, while operated on a highway,
as defined in the Highway Traffic Act, is designed and intended to be
used for passenger transportation;
rr.
"Transportation Network Company" or "TNC" means a person who
receives, relays, authorizes, facilities, enables or communicates an
order for transportation services through a TNC App but does not include
a Broker;
ss.
"Transportation Network Company App" or "TNC App" means any
software, technology, or service, including a smartphone application or
other comparable technology used to connect passengers with a TNC
Driver for transportation services;
tt.
"Transportation Network Company Driver" or "TNC Driver" means a
person who drives a TNC vehicle;
uu.
"Transportation Network Company Identifier" or "TNC Identifier" means
a sign, decal, emblem, symbol or number displaying the logo or name
of the TNC through which the TNC Driver is providing transportation
service to passengers and such other information as may be required
by the Licensing Officer, in a form approved by the Licensing Officer.
vv.
"Transportation Network Company vehicle" or "TNC vehicle" means a
private vehicle for hire with a seating capacity of not more than seven
(7) persons, including the TNC Driver, that provides transportation
services through a TNC App but does not include a taxicab or limousine;
ww.
"Transportation services" means a journey in a motor vehicle for
compensation or hire and commences when a passenger enters the
motor vehicle, continuing for the period that the motor vehicle is
continuously occupied, and ending when all passengers or goods exit
the motor vehicle;
xx.
"User Fee By-Law" means the applicable Town by-law setting the user
fees in respect of vehicles for hire;
yy.
"Vehicle for hire" means a taxicab, limousine or a TNC vehicle;
zz.
"Wheelchair Securement and Occupant Restraint System Training"
means a training program on wheelchair securement and occupant
restraint systems approved by the Licensing Officer.
aaa. "Zoning By-law" means the applicable in force Zoning By-law of the
Town as amended from time to time.
Page 7 of 41 of By-law No. 050-2023
4
GENERAL ADMINISTRATION AND EXEMPTIONS
4.1.
Provisions of this By-law do not apply to:
(a)
activities or matters undertaken by the Town or the Region or a
local board of the Town or the Region;
(b)
a motor vehicle that is licenced by another municipality or an
airport authority and is conveying passengers from a point in the
Town to an airport;
(c)
a person who facilitates "carpooling" as provided for in the Public
Vehicles Act, R.S.O. 1990, c. P. 54, as amended;
(d)
an emergency motor vehicle including but not limited to an
ambulance, fire department or police vehicle;
(e)
a transit bus;
(f)
a motor vehicle used by not-for-profit organizations registered in
the province of Ontario for the purpose of transporting a person
as a designated driver service for which a designated driver
drives the customer in the customer's motor vehicle to at least
one destination; or
(g)
activities, services or matters undertaken as part of the municipal
transit system.
5
PROHIBITIONS OPERATING WITHOUT A LICENCE
5.1.
No person without a valid Licence shall own, operate or permit the
operation of a:
(a)
TNC;
(b)
Brokerage; or
(c)
vehicle for hire;
5.2. No person shall carry on business other than in the name that appears
on a Licence within;
(a)
Schedule 'A' Taxicab and limousine driver licence requirements
(b)
Schedule 'B' Taxicab and limousine owner licence requirements
(c)
Schedule 'C' Taxicab broker licence requirements
(d)
Schedule 'D' Accessible taxicab owner licence requirements
(e)
Schedule 'F' TNC licence requirements
Page 8 of 41 of By-law No. 050-2023
5.3.
No person shall make a false or intentionally misleading recitals of fact,
statement, or representation, orally or in any agreement, statutory
declaration or application form required by this By-law, to the Town,
Licensing Officer or a Public Authority. The making of such a false or
intentionally misleading recital of fact, statement, or representation
constitutes an offence.
5.4.
No person shall represent to the public that the person is licenced under
this By-law if the person is not so licenced.
5.5.
No person shall employ or engage the services of a Driver or a TNC
Driver that does not meet the requirements of this By-law.
5.6.
No person shall own, operate or permit the operation of a vehicle for hire
that does not meet the requirements of this By-law.
5.7. No person shall own, operate or permit the operation of a TNC, a
Brokerage, or a vehicle for hire, other than in accordance with the terms
and conditions of a Licence and this By-law.
5.8.
No person shall drive a vehicle for hire without evidence of the following
in their possession:
(a)
proof of ownership of the motor vehicle;
(b)
a valid insurance card or slip;
(c)
a valid Ontario Driver's Licence;
(d)
any other document as required by this By-law.
5.9.
No person shall operate or permit the operation of a vehicle for hire that
requires mechanical or exterior repair.
5.10. No person shall remove or tamper with, or cause to be removed or
tampered with a taxicab meter or a taxicab meter seal.
5.11. No person shall permit or accept payment by cash for transportation
services provided by a TNC or TNC Driver.
5.12. No person shall own or operate a TNC vehicle without a valid TNC
Identifier displayed on the TNC vehicle.
5.13. No person shall operate a vehicle with a model year older than ten (10)
years.
Page 9 of 41 of By-law No. 050-2023
6
APPROVAL, REFUSAL, SUSPENSION OR REVOCATION
6.1.
The Licensing Officer shall receive, process and review all applications
for all new Licences and renewals of Licences under this By-law,
provided all the required information has been provided and all
application fees have been paid.
6.2.
The Licensing Officer shall have the power and authority to:
(a)
issue a new Licence;
(b)
renew a Licence;
(c)
deny the issuance or renewal of a Licence;
(d)
revoke a Licence;
(e)
suspend a Licence; and
(f)
impose terms or conditions on a Licence, including a new Licence
or a previously issued Licence.
6.3.
When an application for a new Licence or renewal of a Licence is made
in accordance with this By-law and the Applicant meets all the
requirements of this By-law, the Licensing Officer shall issue a Licence.
6.4.
A Licensing Officer may refuse to issue, renew, revoke, or suspend a
Licence at any time where there are reasonable grounds to believe that:
(a)
the requirements of this By-law are not met;
(b)
the past or present conduct of any person, including any partner
or the officers, directors, employees or agents of a corporation,
affords reasonable cause to believe that the person will not carry
on or engage in the business in respect of which the application
is made in accordance with the law or with honesty or integrity;
(c)
the Applicant or Licensee has been previously found in breach or
contravention of any provision of this By-law or any other
municipal by-law or provincial or federal statute associated with
the carrying on of such business;
(d)
the financial position of the Applicant or Licensee affords
reasonable grounds to believe that the activity for which he is
licenced or is seeking to be licenced will not be carried on in a
financially responsible manner;
(e)
the Applicant or Licensee has failed to pay a fine or fines imposed
by a court for convictions for breach of this By-law or any other
Town by-law;
Page 10 of 41 of By-law No. 050-2023
(f)
the Applicant or Licensee has failed to comply with any term,
condition or direction of the Licensing Officer or Officer or has
failed to permit any investigation or inspection by the Licensing
Officer or Officer;
(g)
the Licensing Officer determines it is in the public interest to do
so, for reasons of public health, safety, well-being of persons, the
protection of persons and property, including consumer
protection, nuisance, or noise.
(h)
the Applicant or Licensee is carrying on or engaging in activities
that are, or will be, if the Applicant or Licensee is licenced, in
contravention of this By-law, or any other applicable law;
(i)
the Applicant or Licensee has not paid the required licence fees;
(j)
in the case of a Driver or TNC, the Applicant or Licensee fails to
meet the requirements set out in this By-law;
(k)
the Applicant or Licensee fails to maintain insurance as required
by this By-law;
(l)
the Ontario Driver's Licence of the Applicant or Licensee expires,
is cancelled, suspended or revoked; or
(m)
the Criminal Record Check disclosed a criminal conviction of a
type set out in Schedule "H" to this By-law.
6.5.
Where the Licensing Officer is satisfied that the continuation of a
business poses an immediate danger to the health or safety of any
person or to any property, the Town may suspend a Licence without a
hearing subject to the following:
(a)
before suspending the Licence, the Town shall provide the
Licensee with the reasons for the suspension, either orally or in
writing, and an opportunity to respond to them; and
(b)
the suspension shall not exceed fourteen (14) days.
6.6. Except with respect to a decision under subsections 6.5 after a decision
is made by the Licensing Officer to refuse, revoke, or suspend a Licence,
written notice of that decision shall be given to the Applicant or Licensee
advising the Applicant or Licensee of the Licensing Officer's decision
with respect to the application or Licence.
6.7.
The written notice to be given under subsection 6.6 shall:
(a)
set out the grounds for the decision;
(b)
give reasonable particulars of the grounds;
(c)
be signed by the Licensing Officer; and
Page 11 of 41 of By-law No. 050-2023
(d)
state that the Applicant or Licensee is entitled to a hearing by the
Appeal Committee if the Applicant or Licensee sends a request
for a hearing to the Licensing Officer within fifteen (15) days after
the notice is delivered, and by paying the required fee pursuant
to the User Fee By-Law, as amended from time to time.
6.8. Where a Licence has been suspended, and a hearing has occurred the
suspension shall remain in force until such time as the Licensee has
satisfied the Licensing Officer as to the Licensee's compliance with this
By-law and Licence conditions, and that the public interest no longer
requires the suspension of such Licence.
6.9. Any Licence that has been under suspension for a period in excess of
120 days is automatically revoked, without further notice of by the
Licensing Officer.
6.10. Where a Licence or application to renew a Licence has been refused,
revoked, suspended or cancelled, the Licensee is not entitled to a refund
of any fee paid under the User Fee By-Law.
6.11. No person shall re-apply to obtain or renew a Licence for a minimum of
one (1) year from the later of:
(a)
the date of the Licensing Officer's decision to refuse to issue,
renew or revoke a Licence;
(b)
where the decision of the Licensing Officer is appealed, the date
of the Appeal Committee's decision if the Appeal Committee
upholds the decision to refuse to issue, renew or revoke the
Licence.
7
APPEAL TO THE APPEAL COMMITTEE
7.1. The decision of the Licensing Officer may be appealed by the applicant
or licensee to the Appeal Committee by sending a request for an appeal
hearing to the Licensing Officer within fifteen (15) days after the notice
set out in subsection 6.6 is delivered. A request for a hearing shall
contain the following information:
(a)
the name of the appellant;
(b)
the decision that is the subject of the appeal;
(c)
the detailed grounds of the appeal; and
(d)
payment of the required appeal fee pursuant to the User Fee By-
Law.
7.2.
Where the Licensing Officer receives notice from the Applicant or
Licensee in accordance with section 7.1, the Licensing Officer shall refer
Page 12 of 41 of By-law No. 050-2023
the matter to the Appeal Committee and give the Applicant or Licensee
notice of the date and time when the Applicant or Licensee will have the
opportunity to be heard on the matter by the Appeal Committee.
7.3.
Service of any notice on the Applicant or Licensee under section 7.2
shall be made by personal delivery, ordinary mail or email transmission.
The notice shall be deemed to have been served on the fifth (5th) day
after the day of mailing or on the date of personal service or on the date
of the email transmission.
7.4. Where the Licensing Officer does not receive a request for an appeal
hearing in accordance with section 7.1, the decision of the Licensing
Officer is final.
8
APPEAL COMMITTEE
8.1. An appeal to the Appeal Committee under section 7.1 is limited to the
grounds articulated as part of the request for appeal.
8.2. The appellant bears the onus in an appeal.
8.3. The Appeal Committee shall have all the powers of a Licensing Officer
under subsection 6.2 of this By-law.
8.4. At least seven (7) days in advance of the date set for the hearing of the
appeal, the appellant and the Licensing Officer shall provide to the
Appeal Committee and to each other:
(a)
a list and copies of any documents to be relied on; and
(b)
a list of any witnesses to be called.
8.5. Where a matter has been referred to the Appeal Committee at the
request of the Applicant or Licensee, and the Applicant or Licensee does
not attend the scheduled hearing, the appeal shall be deemed
abandoned and the decision of the Licensing Officer shall be final.
8.6. At any hearing conducted by the Appeal Committee, the Appeal
Committee may consider evidence presented by the Applicant or
Licensee, the Licensing Officer, other Town staff, or any Public
Authority.
8.7. Upon the conclusion of a hearing conducted by the Appeal Committee
under this By-law, the Appeal Committee shall as soon as reasonably
practicable prepare a written report that includes:
Page 13 of 41 of By-law No. 050-2023
(a)
a brief summary of the evidence and arguments presented by the
parties;
(b)
the findings made by the Appeal Committee; and
(c)
the decision of the Appeal Committee.
8.8. The decision of the Appeal Committee shall be final.
9
LICENCE TERM AND RENEWAL
9.1. Every Licence issued under this By-law shall expire within one (1) year
of being issued, unless otherwise revoked or suspended prior to that
date.
9.2. Each Licensee shall be required to renew the said Licence prior to the
expiry of the original Licence issued under this By-law, and failing such
renewal, the Licensee must discontinue the operation of his or her
business upon the expiry of the Licence.
9.3. A Licensee shall operate in compliance with this By-law, the terms and
conditions of a Licence and all federal and provincial legislation.
9.4. No person may assign, modify, sell, or transfer, any Licence issued
under this By-law.
9.5. When a Licensee changes their address or any information relating to
the Licence, they shall notify the Licensing Officer within five (5) days of
the change and shall return the Licence immediately to the Licensing
Officer for review.
9.6. A person wishing to renew a Licence shall comply with the application
requirements set out in this By-law.
9.7. A person who has been issued a Licence under this By-law shall
immediately return the owner plate issued in accordance with the
Licence to the Licensing Officer if;
(a)
the plate is damaged or has been replaced;
(b)
the motor vehicle ceases to be used as a taxicab or limousine;
9.8.
Upon the request of the Licensing Officer or an Officer, a Licensee shall
submit:
i)
a motor vehicle for an inspection;
ii)
documents and records required to be kept in accordance with
this By-law.
Page 14 of 41 of By-law No. 050-2023
9.9.
Every Licence shall remain at all times the property of the Town and no
person shall enjoy a vested right in a Licence or the continuance of a
Licence.
10
INSPECTIONS AND ORDERS
10.1. An Officer may at any reasonable time, enter upon and inspect the land
of any person to ensure that the provisions of this By-law are complied
with, in accordance with section 436(1) of the Municipal Act, 2001.
10.2. For the purposes of conducting an inspection pursuant to this By-law,
an Officer may:
(a)
require the production for inspection of documents or things
relevant to the inspection;
(b)
inspect and remove documents or things relevant to the
inspection for the purpose of making copies or extracts;
(c)
require information from any person concerning a matter related
to the inspection; and
(d)
alone, or in conjunction with a person possessing special or
expert knowledge, make examinations or take tests, samples or
photographs necessary for the purposes of the inspection.
10.3. No person shall prevent, hinder, or obstruct, or attempt to prevent,
hinder or obstruct, an Officer who is lawfully exercising a power or
performing a duty under this By-law.
10.4. Where an Officer has reason to believe that any provision of this By-law
or any condition of a Licence has been contravened, the Officer may
issue an Order requiring the Owner, Licensee or such any other person
who contravened this By-law or who caused or permitted the
contravention to:
(a)
discontinue the contravention; or
(b)
do work or take action to correct the contravention.
10.5. An Order under section 10.4 shall set out:
(a)
reasonable particulars of the contravention adequate to identify
the contravention;
(b)
the location of the premises on which the contravention occurred,
if any; and
(c)
the date by which compliance with the Order is required.
Page 15 of 41 of By-law No. 050-2023
10.6. Every person shall comply with an Order made pursuant to subsection
10.4.
10.7. Any notice or other document under this By-law may be served by any
of the following means:
(a)
delivered personally;
(b)
emailed to the last known email address of the person to whom
the Order is directed;
(c)
deposited in the mailbox or mail slot of the person to whom the
Order is directed;
(d)
sent by prepaid regular mail to the last known address of the
person to whom the Order is directed; or
(e)
sent by registered mail to the last known address of the person
to whom the Order is directed.
10.8. Where service under section 10.7 is effected by:
(a)
regular mail, it shall be deemed to be made on the fifth (5th) day
after the date of mailing;
(b)
registered mail, it shall be deemed to be made on the second
(2nd) day after the date of mailing;
(c)
any other means, it shall be deemed effective on the day the
document served was delivered, posted, emailed or deposited; or
(d)
service by multiple means, it shall be deemed effective on earliest
applicable date set out in this section.
11
SEVERABILITY
11.1. If a court of competent jurisdiction declares any section or part of this
By-law invalid, the remainder of this By-law shall continue in force unless
the court makes an order to the contrary.
12
ENFORCEMENT AND PENALTY PROVISIONS
12.1. Each person who contravenes any provision of this By-law, an Order or
a condition of a Licence is guilty of an offence and is liable to a fine, and
such other penalties as provided in the Provincial Offences Act and the
Municipal Act, 2001.
12.2. Where a contravention is committed on or continues for more than one
day, the person who commits the contravention is liable to be convicted
for a separate offence for each day on which it is committed or
Page 16 of 41 of By-law No. 050-2023
continued. For clarity, in the case of an Order, a contravention continues
for every day or part of a day past the date set out in the Order by which
the work must be completed, action taken or discontinued, as the case
may be.
12.3. In addition to section 12.1, any person who is charged with an offence
under this By-law by the laying of an information under Part III of the
Provincial Offences Act and is found guilty of the offence, is subject to
the following fines pursuant to section 429 of the Municipal Act, 2001:
(a)
a minimum fine shall not exceed $500 and a maximum fine shall
not exceed $100,000;
(b)
in the case of a continuing offence, for each day or part of a day
that the offence continues, a minimum fine shall not exceed $500,
and a maximum fine shall not exceed $10,000, but the total of all
daily fines for the offence is not limited to $100,000; and
(c)
in the case of a multiple offence, for each offence included in the
multiple offence the minimum fine shall be $500 and the
maximum fine shall be $10,000, but the total of all fines for each
included offence is not limited to $100,000.
13
INTERPRETATION
13.1. References in this By-law to any statute or statutory provision include
references to that statute or statutory provision as it may from time to
time be amended, extended or re-enacted.
13.2. In this By-law, unless the context otherwise requires words importing the
singular shall include the plural and use of the masculine shall include
the feminine, where applicable.
13.3. The Schedules appended to this By-law are incorporated into and form
part of this By-law.
14
REPEAL
14.1. By-laws 94-2004, 001-2006, 143-2009, 078-2010, 042-2011 and 050-
2011 are hereby repealed.
Page 17 of 41 of By-law No. 050-2023
15
EFFECT
THAT this By-law comes into force on the day it is passed.
PASSED IN OPEN COUNCIL ON June 19, 2023.
Mayor
Gordon A. Krantz
Town Clerk
Meaghen Reid
Page 18 of 41 of By-law No. 050-2023
SCHEDULE 'A' to BY-LAW 050-2023
TAXICAB AND LIMOUSINE DRIVER LICENCE REQUIREMENTS
1
APPLICATION REQUIREMENTS
1.1.
A person wishing to operate or permit the operation of a taxicab or
limousine in the Town shall apply for a new Licence or renewal of
Licence by providing the Licensing Officer with the following information
and documents together with an application fee in accordance with the
User Fees By-Law prior to the expiry of the current Licence:
(a)
the applicable licensing fee
(b)
proof of being at least 18 years of age;
(c)
proof of a current and valid Ontario Driver's Licence;
(d)
a Driver's Abstract dated within the previous sixty (60) days;
(e)
a Criminal Record Check dated within the previous sixty (60)
days;
(f)
where an Applicant or Licensee is not the owner of the taxicab or
limousine, correspondence from the Owner confirming his
employment as a Driver in the form provided by the Town;
(g)
where the Applicant or Licensee is a corporation, a copy of the
articles of incorporation or other incorporating documents issued
by the Province of Ontario or the Government of Canada, and the
business name registration, when applicable;
(h)
where the Applicant or Licensee is a sole proprietor, a copy of the
business name registration, when applicable;
(i)
where the Applicant or Licensee is a registered partnership, a
copy of the registered declaration of partnership, the names and
addresses of each member of the partnership as well as name
under which the partnership intends to carry on business and a
copy of the business name registration;
(j)
any documents or required approvals from the approval authority
having jurisdiction; and
(k)
any other documents as may be required by the Licensing Officer.
Page 19 of 41 of By-law No. 050-2023
2
DUTIES AND RESPONSIBILITIES
2.1.
A Driver shall:
(a)
examine the motor vehicle for mechanical defects, interior and
exterior damage, and immediately report any defects to the
Owner and the Broker, prior to operating the motor vehicle;
(b)
carry their Ontario Driver's Licence with them at all times when
operating the motor vehicle;
(c)
carry and display their Licence in such a manner that is visible to
a passenger; and
(d)
immediately report:
i)
any collision to the Owner and Broker; and
ii)
any suspension of his Ontario Driver's Licence to the
Owner, Broker and the Licensing Officer.
2.2.
A Driver shall not:
(a)
operate a motor vehicle when his ability to perform his duties is
impaired by fatigue, illness or otherwise; or
(b)
take on any additional passengers after the motor vehicle has
departed with one or more passengers from any one starting
point except under the following circumstances:
i)
in an emergency situation;
ii)
when operating exclusively for the transportation of
children to and from school in accordance with the
requirements of the applicable School Board; or
iii)
when operating an accessible taxicab which is being used
in accordance with a pre-arranged booking for the
transportation of passengers with a disability.
2.3. A Driver may refuse to provide transportation services where a
passenger:
(a)
has not paid a previous fare;
(b)
in their opinion, is unwilling or unable to pay the fare;
(c)
is in possession of an animal other than a service animal;
(d)
is intoxicated or disorderly;
(e)
refuses to give a destination; or
(f)
is not obeying the law.
Page 20 of 41 of By-law No. 050-2023
2.4.
A Driver of a taxicab shall:
(a)
create and keep daily a record in written or electronic form details
of all transportation services which includes the following:
i)
the Driver's name, the date and the taxicab's Provincial
Licence Plate number;
ii)
the location and time of the beginning and end of each
transportation service provided; and
iii)
the amount of the fare collected for each transportation
service provided; and
(b)
keep and maintain all transportation services records for at least
one (1) year.
2.5. A Driver of a taxicab shall not operate a taxicab when the taxicab meter
seal has been broken or removed.
2.6. A limousine driver shall not:
(a)
solicit without a pre-arranged contract for hire; or
(b)
hold themselves out as being available for hire in any public
place.
Page 21 of 41 of By-law No. 050-2023
SCHEDULE 'B' to BY-LAW 050-2023
TAXICAB AND LIMOUSINE OWNER LICENCE REQUIREMENTS
1
APPLICATION REQUIREMENTS
1.1.
In addition to the requirements set out in this By-law, an Applicant or
Licensee for an Owner's Licence or renewal of an Owner's Licence shall
submit annually the following to the satisfaction of the Licensing Officer:
(a)
the applicable licensing fee
(b)
proof of being at least 18 years of age;
(c)
proof of a current valid Ontario Driver's Licence;
(d)
a Safety Standards Certificate dated within the previous sixty (60)
days;
(e)
proof of ownership of the motor vehicle;
(f)
provide proof of third party motor vehicle liability insurance for the
motor vehicle which shall:
i)
be endorsed to provide the Licensing Officer with at least
fifteen (15) days' notice in writing of a proposed
cancellation or expiration of the insurance policy, or of a
variation in the amount of the policy;
ii)
insure against loss or damage resulting from bodily injury
to or the death of one or more persons, or from loss or
damage to property resulting from any one accident and
include provision for passenger hazard, with limits of not
less than two million dollars ($2,000,000) per occurrence;
iii)
be endorsed to include all persons who have any interest
in the motor vehicle; and
iv)
not exclude coverage for use of the motor vehicle to carry
paying passengers;
(g)
where the motor vehicle runs on propane or natural gas, a safety
check certificate dated within the previous sixty (60) days;
(h)
where the Owner of a taxicab or limousine is issued more than
two (2) Licences under this By-law and the motor vehicles are
stored on a property located in the Town, confirmation of
compliance with the Zoning By-law.
Page 22 of 41 of By-law No. 050-2023
2
VEHICLE REQUIREMENTS
2.1. A taxicab or limousine shall:
(a)
have a minimum of four (4) doors and useable trunk capacity that
is able to accommodate a wheelchair, walker or similar device
used to assist a person with a disability;
(b)
be equipped with operable air-conditioning and heating in both
the driver and passenger compartments;
(c)
be equipped with working seatbelts for its maximum passenger
capacity;
(d)
be equipped with snow tires or all weather tires between
December 1 and April 15;
(e)
be equipped with a taxicab meter which shall be:
i)
identified with a serial number;
ii)
illuminated between dusk and dawn;
ii)
located in a position clearly visible to a passenger;
iii)
adjusted in accordance with the Broker's fare;
iv)
used only when the seal thereon is intact; and
v)
kept in good working condition;
(f)
be clean and maintained in a good repair and free from interior
damage and exterior damage;
(g)
display on the exterior of the taxicab uniform signage that
includes the name of the broker; and
(h)
bear the compliance label required by Motor Vehicle Safety
Regulation C.R.C., c. 1038 of the Motor Vehicle Safety Act, S.C.
1993, c. 16, as amended.
3
DUTIES AND RESPONSIBILITIES
3.1.
The Owner of a taxicab shall:
(a)
provide a taxicab meter calibration and seal certificate prepared
by a qualified mechanic or tradesperson;
(b)
permanently affix the owner plate to the motor vehicle;
(c)
ensure an electrically illuminated roof sign that is securely
attached to the top of the taxicab in working condition, and wired
to the taxicab meter and working in conjunction with the taxicab
meter so that it is illuminated when the taxicab meter is in the
vacant position;
Page 23 of 41 of By-law No. 050-2023
(d)
employ or use only the services of Drivers who are licenced under
this By-law;
(e)
maintain an up to date list of all Drivers operating taxicabs for the
Owner, which list shall show the name, address, telephone
number of each Driver and shall be provided to the Licensing
Officer or other Officer on request;
(f)
report immediately to the Licensing Officer if any Driver is
involved in any accident or collision connected with the operation
of the taxicab; and
(g)
ensure that the taxicab meter seal required by this By-law is not
removed or tampered with in any fashion.
3.2.
The Owner of a limousine shall:
(a)
ensure that there is a signed contract for each transportation
service that includes:
(i)
client identification;
(ii)
Driver identification;
(iii)
service rendered;
(iv)
fare charged; and
(v)
date and time of the transportation service;
(b)
create and maintain in a readily accessible electronic format a
list of all Drivers operating its limousines, which list shall include
the following:
(i)
the name of the Driver;
(ii)
the year, make, model and Provincial Licence Plate
number of the limousine operated by the Driver; and
(iii)
the name of the Owner;
(c)
keep and maintain all records of repair to the limousine including
all invoices for the duration of its operation as a limousine.
3.3.
If a person owns more than one motor vehicle licenced under this By-
law, the Owner shall be affiliated with a Brokerage or be licenced as a
Broker, and comply with the requirements of a Brokerage contained in
this By-law.
3.4.
No Owner licenced under this By-law, shall:
(a)
permit an owner plate to be used with respect to any other motor
vehicle, other than the taxicab for which the owner plate was
issued;
Page 24 of 41 of By-law No. 050-2023
(b)
require or permit a Driver of a motor vehicle of which they are the
Owner to work when that person's ability to perform his duties is
impaired by fatigue, illness or otherwise;
(c)
permit a motor vehicle of which they are the Owner, to be
operated with mechanical defects of which the Owner is aware;
or
(d)
operate a vehicle for hire or permit the operation of a motor
vehicle of which they are the Owner as a vehicle for hire without
an owner plate for that motor vehicle having been issued under
this By-law;
Page 25 of 41 of By-law No. 050-2023
SCHEDULE 'C' to BY-LAW 050-2023
TAXICAB BROKER LICENSE REQUIREMENTS
1
APPLICATION REQUIREMENTS
1.1
In addition to the requirements set out in this By-law an Applicant or
Licensee for a Broker's Licence or renewal of a Broker's Licence shall
submit annually the following to the satisfaction of the Licensing Officer:
(a)
the applicable licensing fee;
(b)
a list of all taxicab Drivers and taxicab Owners affiliated with the
Broker, which list shall include the following information:
i)
the name of the taxicab Driver;
ii)
the year, make, model and Provincial Licence Plate
number
of the taxicab operated by the taxicab Driver;
and
iii)
the name of the taxicab Owner and Provincial Licence
Plate number of the taxicab owned by the Owner;
(b)
proof of commercial general liability insurance which shall:
i)
be endorsed to provide the Licensing Officer with at least
fifteen (15) 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)
insure against all claims for personal injury including bodily
injury resulting in death, and property damage with an
inclusive limit of not less than two million dollars
($2,000,000) per occurrence insuring him against liability
imposed by law for any loss or damage resulting from the
carrying on of the business to which the Licence relates;
(c)
where the Broker has five (5) or more taxicabs affiliated with its
Brokerage, proof that a minimum of one (1) taxicab is an
accessible taxicab; and
(d)
where the Brokerage office is located in the Town, confirmation
that the premises where the Brokerage operates complies with
the Zoning By-law.
2
DUTIES AND RESPONSIBILITIES
2.1.
A Broker shall:
(a)
keep in full force and effect commercial general liability insurance
in accordance with the requirements of this By-law;
Page 26 of 41 of By-law No. 050-2023
(b)
create and maintain in a readily accessible electronic format a list
of all taxicab Drivers and taxicab Owners affiliated with the
Broker, which list shall include the following:
i)
the name of the taxicab Driver; and
ii)
the year, make, model and Provincial Licence Plate
number of the taxicab operated by the taxicab Driver; and
iii)
the name of the taxicab Owner;
(c)
ensure each taxicab that is dispatched is equipped:
i)
to accept credit card and debit card payments; and
ii)
with a fully functioning global positioning system.
2.2.
A Broker shall create and maintain information on all orders in a readily
accessible electronic format which shall include:
(a)
the date, time and receipt of the order;
(b)
the name of the taxicab Driver and the Provincial Licence Plate
number of the taxicab dispatched;
(c)
the pick up location and the destination;
(d)
the date and time the transportation service started and
terminated;
(e)
the length of time elapsed between the order and the start time
of the transportation service.
2.3.
A Broker shall keep and maintain all records required to be kept under
this By-law for a period of three (3) years.
2.4.
A Broker shall:
(a)
inform a customer of the anticipated time for arrival of the taxicab;
(b)
where the transportation service requested requires an
accessible taxicab and the Broker is unable to provide such
service, direct the person requesting the transportation service to
another Broker which can provide the service;
(c)
when a Driver ceases to be affiliated with the Broker, notify the
Licensing Officer within three (3) days of the said termination;
(d)
provide transportation services to all areas in the Town;
(e)
provide for off-street parking within the Town for every vehicle for
hire affiliated with the Broker; and
(f)
ensure that the brokerage service will be available and staffed by
a dispatcher on a continuous 24-hour basis.
Page 27 of 41 of By-law No. 050-2023
2.5.
A Broker with five (5) or more taxicabs in his fleet must have at least
one (1) accessible taxicab in service at all times.
2.6.
A Broker shall not:
i.
require a Driver to accept an order necessitating an expenditure
of money by the Driver on behalf of the passenger;
ii.
dispatch a Driver or a taxicab that does not meet the
requirements of this By-law;
iii.
permit any person to drive a taxicab unless that person is licenced
as a Driver under this By-law;
iv.
employ or engage a Driver that has a criminal conviction of a type
set out in Schedule "H" to this By-law;
v.
dispatch a Driver when his ability to perform his duties is impaired
by fatigue, illness or otherwise;
vi.
require a taxicab Driver to drive more than an average of twelve
(12) hours per day calculated over any seven (7) day period; or
vii.
operate or permit a vehicle for hire to be operated that has known
defects.
2.7.
A Broker may refuse an order where a passenger has not paid a
previous fare.
Page 28 of 41 of By-law No. 050-2023
SCHEDULE 'D' to BY-LAW 050-2023
ACCESSIBLE TAXICAB OWNER LICENCE REQUIREMENTS
1
APPLICATION REQUIREMENTS
1.1.
In addition to the requirements set out in Schedule A of this By-law, an
Applicant or Licensee for an Owner's Licence for an accessible taxicab
or renewal of an Owner's Licence for an accessible taxicab shall submit
annually the following to the satisfaction of the Licensing Officer:
(a)
the applicable licensing fee
(b)
proof of being at least 18 years of age;
(c)
proof of a current valid Ontario Driver's Licence;
(d)
a Safety Standards Certificate dated within the previous sixty (60)
days;
(d)
proof of ownership of the motor vehicle;
(e)
proof of third party motor vehicle liability insurance for the
accessible taxicab in accordance with the requirements of this
By-law;
(f)
where the accessible taxicab runs on propane or natural gas, a
safety standards certificate dated within the previous sixty (60)
days; and
(g)
where the Owner of an accessible taxicab is issued more than
two (2) Licences and the vehicles for hire are stored on a property
in the Town, confirmation of compliance with the Zoning By-law.
1.2.
The Owner of an accessible taxicab shall provide a taxicab meter
calibration and seal certificate prepared by a qualified mechanic or
tradesperson.
1.3.
In addition to the requirements that apply to a Driver of a taxicab, an
Applicant or Licensee who will operate an accessible taxicab shall to
the satisfaction of the Licensing Officer:
(a)
submit proof of successful completion of an accessible vehicle
training course; and
(b)
submit a certificate of completion of a Wheelchair Securement
and Occupant Restraint System Training program with respect to
the handling, safety restraint, transportation care and safety of a
passenger with a disability.
Page 29 of 41 of By-law No. 050-2023
2
DUTIES AND RESPONSIBILITIES
2.1.
The Owner of an accessible taxicab shall:
(a)
keep in full force and effect motor vehicle liability insurance which
shall:
i)
be endorsed to provide the Licensing Officer with at least
fifteen (15) days' notice in writing of a proposed
cancellation or expiration of the insurance policy, or of a
variation in the amount of the policy;
ii)
ensure against loss or damage resulting from bodily injury
to or the death of one or more persons, or from loss or
damage to property resulting from any one accident and
include provision for passenger hazard, with limits of not
less than two million dollars ($2,000,000) per occurrence;
iii)
be endorsed to include all persons who have any interest
in the motor vehicle; and
iv)
not exclude coverage for use of the motor vehicle to carry
paying passengers;
(b)
repair any mechanical defect or exterior repair of a taxicab that is
reported to them or known;
(c)
not permit the operation of taxicab that has been in a collision
until such time as the necessary repairs have been completed;
(d)
when a Driver ceases to be affiliated with a taxicab Owner, notify
the affiliated Broker and the Licensing Officer within three (3)
days of the said termination;
(e)
if a taxicab will not longer be used as a taxicab licensed in
accordance with this By-law, immediately remove from the
taxicab being disposed of:
i)
all identifying decals and markings;
ii)
the taxicab meter;
iii)
all other item which make the taxicab appear to the public
to be a taxicab; and
iv)
keep and maintain all records of repair to the taxicab
including all invoices for the duration of its operation as a
taxicab.
2.2.
Every Driver of an accessible taxicab shall comply with all other
requirements that apply to a Driver under this By-law.
Page 30 of 41 of By-law No. 050-2023
3
ACCESSIBLE TAXICAB REQUIREMENTS
3.1.
In addition to the all requirements that apply to taxicabs in this By-law,
an accessible taxicab shall:
(a)
be equipped with:
i)
approved wheelchair tie downs;
ii)
a first aid kit; and
iii)
a dry chemical fire extinguisher having an effective total
rating of at least 4-B C, and weighing at least 2.27 kb
(approximately 5 lbs); and
(b)
be in compliance with Ontario Regulation 629 of the Highway
Traffic Act.
3.2.
No motor vehicle with a model year greater than five (5) years shall be
used as an accessible taxicab.
Page 31 of 41 of By-law No. 050-2023
SCHEDULE 'E' to BY-LAW 050-2023
FARES
1
FARES
1.1.
A Driver of a taxicab shall:
(a)
take the shortest possible route to the destination when a
passenger enters a taxicab and gives the Driver the desired
destination, unless the passenger directs otherwise;
(b)
commence the calculation of a fare using the taxicab meter and
calculate the fare for providing the transportation service using
the taxicab meter except where a flat rate fare is applicable;
(c)
not commence calculation of the fare until he has notified the
passenger of his arrival and has waited a reasonable time after
the time of the order;
(d)
not charge for time lost through his own incompetence;
(e)
not charge for time elapsed due to early arrival of the taxicab in
response to a call for a taxicab to arrive at a fixed time;
(f)
when there is a dispute with the fare give the passenger a receipt
that includes:
i)
the fare paid;
ii)
the date and time of the transportation service;
iii)
the pick up location and destination;
iv)
the Driver's name;
v)
the Provincial Licence Plate number of the taxicab;
(g)
if there is a dispute with the passenger about the fare, refer the
dispute to the Halton Regional Police.
1.2
When picking up a passenger within the Town for a transportation
service with a destination outside the Town, a taxicab Driver may agree
with the passenger before commencement of the transportation service
to a flat rate fare where the destination is a minimum of five (5)
kilometers outside the limits of the Town.
1.3
In the event that a taxicab meter ceases to function, the taxicab can
continue to operate for a period of no longer than eighteen (18) hours
and the fares may be calculated from an odometer reading. The
odometer reading details shall be recorded by the Driver in his record of
transportation services.
Page 32 of 41 of By-law No. 050-2023
1.4
A Driver of a limousine shall:
(a)
not charge for time lost through their own incompetence;
(b)
when there is a dispute with the fare give the passenger a receipt
that includes:
i)
the fare paid;
ii)
the date and time of the transportation service;
iii)
the pick up location and destination;
iv)
the Driver's name;
v)
the Provincial Licence Plate number of the limousine;
(c)
if there is a dispute with the passenger about the fare, refer the
dispute to the Halton Regional Police.
Page 33 of 41 of By-law No. 050-2023
SCHEDULE 'F' to BY-LAW 050-2023
TNC LICENCE REQUIREMENTS
1.1
In addition to the requirements set out in this By-law, an Applicant or
Licensee for a TNC Licence or renewal of a TNC Licence shall submit
the following annually to the satisfaction of the Licensing Officer:
(a)
a list of all TNC Drivers affiliated with the TNC, which list shall
include the following information:
i)
the applicable licensing fee
ii)
the name of the TNC Driver;
iii)
the model year, make, model and Provincial Licence Plate
number of the TNC vehicle operated by the TNC Driver;
iv)
proof of a current valid Ontario Driver's Licence of the TNC
Driver;
v)
a Driver's Abstract dated within sixty (60) days of applying
for affiliation with the TNC;
vi)
a Criminal Record Check dated within sixty (60) days of
applying for affiliation with the TNC;
vii)
proof of ownership of the TNC vehicle operated by the
TNC Driver;
viii)
a Safety Standards Certificate in respect of the TNC
vehicle dated within sixty (60) days of applying for
affiliation with the TNC; and
ix)
where the TNC vehicle runs on propane or natural gas, a
safety check certificate dated within the previous sixty (60)
days of applying for affiliation with the TNC;
(b)
proof that every TNC Driver affiliated with the TNC has third party
motor vehicle liability insurance for owned, or leased TNC
vehicles, which shall be in effect at all times during the provision
of transportation services:
i)
be endorsed to provide the Licensing Officer with at least
fifteen (15) 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)
insure against loss or damage resulting from bodily injury
to or the death of one or more persons, or from loss or
damage to property occurring while in the post-acceptance
period resulting from any one accident and include the
IPCF 6TN Permission to Carry Paying Passengers for a
Page 34 of 41 of By-law No. 050-2023
TNC endorsement or an equivalent endorsement
acceptable to the Licensing Officer, with limits of not less
than two million dollars ($2,000,000) per occurrence;
(c)
the name, telephone and email contact information for the person
authorized to receive and respond on behalf of the TNC to any
and all communications from the Town relating to the TNC's
Licence or the TNC's conduct of its business;
(d)
proof that there are adequate data security measures in place to
protect the personal data of passengers and TNC Drivers
collected by the TNC, to the satisfaction of the Licensing Officer;
and
(e)
documentation demonstrating that the TNC App:
i)
provides to the passenger requesting the transportation
service at the time the transportation service is arranged:
1.
the TNC name and contact information;
2.
the first name and a photograph of the TNC Driver;
3.
the make, model and Provincial Licence Plate
number of the TNC vehicle;
4.
the estimated fare including any surcharge; and
5.
the current location of the TNC vehicle;
ii)
provides a process allowing a passenger to accept or
refuse the transportation service prior to it commencing
and keeps a record of such acceptance or refusal;
iii)
provides a secure payment mechanism;
iv)
provides a printed or electronic receipt to the passenger at
the end of the transportation service that includes the
following information:
1.
the fare and any surcharges paid;
2.
the date, time, duration and distance of the
transportation service;
3.
the pick-up location and the destination;
4.
the first name of the TNC Driver.
v)
incorporates a global positioning system in which all
transportation services are recorded.
Page 35 of 41 of By-law No. 050-2023
SCHEDULE 'G' to BY-LAW 050-2023
TNC LICENCE TERMS AND CONDITIONS
1
DUTIES AND RESPONSIBILITIES
1.1.
A TNC shall:
(a)
ensure that driver training is available for all affiliated TNC Drivers
on the use of the TNC App;
(b)
where the transportation service requested requires an
accessible vehicle and the TNC is unable to provide such service,
direct the person requesting the transportation service to a TNC
Driver who can provide the service;
(c)
have a dispute resolution process for dealing with any complaints
regarding fares, customer service or any other issues arising from
the TNC's operations;
(d)
not obstruct access or use of the TNC App by the Licensing
Officer or a Municipal Law Enforcement Officer, including but not
limited to the creation and use of an account as a passenger or
as a TNC Driver;
(e)
make available to the public on its TNC App, and by any other
means of its choice, the following information:
i)
the insurance coverage required to be maintained by the
TNC and by a TNC Driver;
ii)
the applicable screening process for a TNC Driver and a
TNC vehicle; and
iii)
that TNC Driver cannot accept cash payment for
transportation services.
(f)
provide to the passenger requesting the transportation service at
the time the transportation service is arranged:
i)
the TNC name and contact information;
ii)
the first name and a photograph of the TNC Driver;
iii)
the make, model and Provincial Licence Plate number of
the TNC vehicle;
iv)
the estimated fare including any surcharge; and
v)
the current location of the TNC vehicle;
(g)
provide a link to the passenger requesting the transportation
service to provide a rating or otherwise comment on the TNC
Driver and the TNC vehicle;
Page 36 of 41 of By-law No. 050-2023
(h)
provide a process allowing a passenger to accept or refuse the
transportation service prior to it commencing;
(i)
provide a secure payment mechanism;
(j)
provide a printed or electronic receipt to the passenger at the end
of the transportation service that includes the following
information:
i)
the fare and any surcharges paid;
ii)
the date, time, duration and distance of the transportation
service;
iii)
the pick-up location and the destination; and
iv)
the first name of the TNC Driver; and
(k)
ensure the TNC App operates in accordance with documentation
submitted as part of the Licence application demonstrating that
the TNC App meets all the required functionality as required by
this By-law.
1.2.
A TNC shall not:
(a)
permit a TNC Driver to access the TNC App:
i)
where the TNC has a reasonable belief that the TNC
Driver does not meet the TNC Driver requirements set out
in this By-law; or
ii)
where the Licensing Officer has notified the TNC that,
based on an investigation, the Town has determined that
the TNC Driver does not meet the TNC Driver
requirements set out in this By-law; and
(iii)
where access to the TNC App has been removed, the TNC
shall not reinstate access until the Licensing Officer is
satisfied the TNC Driver is in compliance with the TNC
Driver requirements set out in this By-law;
iv)
require or permit a Driver of a motor vehicle of which they
are the Owner to work when that person's ability to perform
his duties is impaired by fatigue, illness or otherwise;
(b)
require that the law of any jurisdiction other than Ontario be
applied in relation to the use of the TNC App in the Town by TNC
Drivers or passengers; or
(c)
employ or engage a TNC Driver that has a criminal conviction of
a type set out in Schedule "H" to this By-law; or
(d)
All TNCs are encouraged to ensure that their affiliated TNC App
is accessible to a person with a disability.
Page 37 of 41 of By-law No. 050-2023
2
RECORDS
2.1
A TNC shall create and maintain in a readily accessible electronic
format, which shall be submitted to the Town on an annual basis, or
upon request from the Licensing Officer or other Officer:
(a)
a list of all TNC Drivers affiliated with the TNC, which list shall
include the following:
i)
the name of the TNC Driver; and
ii)
the model year, make, model and Provincial Licence Plate
number of the TNC vehicle operated by the TNC Driver;
(b)
information on all orders and transportation services completed
by affiliated TNC Drivers which shall include:
i)
the date, time and receipt of the order;
ii)
the name of the TNC Driver and the Provincial Licence
Plate number of the TNC vehicle;
iii)
the pick up location and the destination;
iv)
the distance, date and time the transportation service
started and terminated;
v)
the length of time elapsed between the order and the start
of the transportation service; and
vi)
the fare paid for the transportation service;
(c)
information for all transportation services that cannot be
completed by an affiliated TNC Driver including for transportation
services where an accessible vehicle is required.
(d)
the total number of transportation services provided by the TNC;
(e)
the total number of TNC Drivers providing transportation
services; and
(f)
the total number of TNC vehicles providing transportation
services;
(g)
Every 3 months following the issuance of a TNC Licence, the
TNC shall provide the Licensing Officer with an up-to-date list in
a readily accessible electronic format of every affiliated TNC
Driver and TNC vehicle that includes:
i)
the full name and address of every TNC Driver;
ii)
the make, model and Provincial Licence Plate number of
every TNC vehicle; and,
iii)
confirmation that each TNC Driver meets the requirements
in subsection 1.1(a) and (b) of Schedule "F".
Page 38 of 41 of By-law No. 050-2023
2.2
A TNC shall keep and maintain all records required to be kept under this
By-law for a period of three (3) years except:
(a)
motor vehicle insurance coverage records, which shall be
retained for three (3) years after the TNC Driver ceases to be
affiliated with the TNC;
2.3
Prior to the collection of any personal information, a TNC shall obtain
consent from any affiliated TNC Driver for such collection and future
disclosure to the Licensing Officer for the purposes of investigating
complaints and potential breaches of this By-law.
3
TNC VEHICLE REQUIREMENTS
3.1
A TNC vehicle shall:
(a)
have a minimum of four (4) doors and useable trunk capacity;
(b)
be equipped with operable air-conditioning and heating;
(c)
be equipped with working seatbelts for its maximum passenger
capacity;
(e)
be equipped with snow tires or all weather tires from December 1
to April 15;
(f)
be clean and maintained in a good repair and free from interior
damage and exterior damage;
(g)
display in a visible location on the exterior of the TNC Vehicle the
TNC Identifier; and
(h)
bear the compliance label required by Motor vehicle Safety
Regulation C.R.C., c. 1038 of the Motor vehicle Safety Act; S.C.
1993, c. 16, as amended.
Page 39 of 41 of By-law No. 050-2023
SCHEDULE 'H' to BY-LAW 050-2023
CRIMINAL OFFENCES
Criminal Code Offences
Description
Explosives
Using explosives; possession.
Terrorism
Providing or collecting property for certain
activities; providing or making available
property or services for terrorist purposes;
using or possessing property for terrorist
purposes; participation in activity of terrorist
group; facilitating terrorist activity; instructing
to carry out activity for terrorist group;
instructing to carry out terrorist activity.
Firearms and weapons
Using
firearms
(including
imitation)
in
commission of offence; careless use of
firearm; pointing a firearm; possession of
weapon for dangerous purposes; carrying
weapon while attending public meeting;
carrying concealed weapon; unauthorized
possession of firearm; possession of firearm
knowing its possession is unauthorized;
possession
at
unauthorized
place;
unauthorized possession in motor vehicle;
possession of prohibited or restricted firearm
with ammunition; possession of weapon
obtained by commission of offence; breaking
and entering to steal firearm; robbery to steal
firearm; weapons trafficking; possession for
purpose of weapons trafficking; transfer
without authority; making automatic firearm;
discharging firearm with intent; causing bodily
harm with intent -- air gun or pistol.
Sexual offences against Minors
Sexual interference; invitation to sexual
touching;
sexual
exploitation;
sexual
exploitation of person with disability; incest;
making child pornography; parent or guardian
procuring
sexual
activity;
householder
permitting sexual activity; corrupting children;
luring a child; prostitution of person under
eighteen.
Sexual offences against persons
other than minors
Sexual exploitation of person with disability;
incest; indecent acts; sexual assault.
Criminal Negligence
Causing death by criminal negligence;
causing bodily harm by criminal negligence.
Page 40 of 41 of By-law No. 050-2023
Murder
Murder; manslaughter; infanticide; attempt to
commit murder; accessory to murder.
Operation of vehicles, vessels, or
aircraft
Dangerous operation of motor vehicles,
vessels and aircraft; flight; causing death by
criminal negligence (street racing); causing
bodily harm by criminal negligence (street
racing); dangerous operation of motor vehicle
while street racing; failure to stop at scene of
accident; operation while impaired; operation
while disqualified.
Harassment and threats
Criminal
harassment;
uttering
threats;
intimidation.
Assault
Assault; assaulting a peace Officer.
Confinement
Kidnapping; Trafficking in persons; Hostage
taking; Abduction of person under sixteen;
Abduction
of
person
under
fourteen;
Abduction in contravention of custody order;
Abduction.
Theft over, forgery and fraud
Theft over; destroying documents of title;
fraudulent concealment; theft and forgery of
credit card; theft from mail; forgery; uttering
forged document; drawing document without
authority; fraud; using mails to defraud; arson
for fraudulent purpose.
Robbery and extortion
Robbery; extortion.
Page 41 of 41 of By-law No. 050-2023
SCHEDULE 'I' to BY-LAW 050-2023
TNC Voluntary "In-lieu of Accessibility" Surcharge
Certain TNCs have voluntarily agreed to include a trip surcharge on all fares in lieu of
providing accessible transportation services in the Town. Town staff will request that
any other TNCs applying for a TNC Licence agree to a negotiated the same fare
surcharge in lieu of providing accessible transportation services in the Town. All funds
collected from the voluntary accessibility surcharge will be used towards increasing
accessible transportation within the Town, including but not limited to accessible public
transit solutions.