Vehicle for Hire By-law 2022-038 (office consolidation)

Orangeville, Ontario · No. 2022-038 · adopted 2022-04-11 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 389c0c488cd1 · verified 2026-10-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Office Consolidation The Corporation of the Town of Orangeville Vehicle for Hire By-law 2022-038 Amended By: By-law Number Date Amended: 2022-045 2024-074 May 16, 2022 November 18, 2024 August 11, 2025 This by-law is an electronic reproduction made available for information purposes only and is not to be considered the official version of the by-law listed. For accuracy and reliability, please refer to the original and any amending or replacement by-laws. Official versions of all By-laws can be obtained from the Town Clerk's Department. 2025-051 The Corporation of the Town of Orangeville By-law 2022-038 BEING A BY-LAW TO REGULATE AND LICENSE VEHICLES FOR HIRE AND TO REPEAL BY- LAWS 119-2004, 071-2005, 080-2008, 122-2009, 093-2010, 022-2020 and 011-2021 WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25, as amended hereinafter referred to as the "Municipal Act" 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 8 (3) of the Municipal Act authorizes a municipality to provide for a system of licences; and WHEREAS Section 11 of the Municipal Act 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 authorizes a municipality to impose fees and charges on persons; and WHEREAS section 23.1, 23.2 and 23.3 of the Municipal Act authorizes a municipality to delegate its powers and duties under the Act to a person; and decal WHEREAS Section 151 of the Municipal Act, provides that a municipality may provide for a system of licences with respect to a business and may: 3 (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 WHEREAS Section 156 of the Municipal Act, authorizes a local municipality with respect to owners and drivers of taxicabs to establish rates or fares to be charged for the conveyance or property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality and provide for the collection of the rates or fares charged for the conveyance and limit the number of taxicabs or any class of them; and WHEREAS Section 425 (1) of the Municipal Act authorizes a municipality to pass by-laws providing that a person who contravenes a by-law of a municipality passed under the Municipal Act is guilty of an offence; and WHEREAS Section 431 of the Municipal Act authorizes that where any by-law of a municipality under the Municipal Act 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 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 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 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 Orangeville 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 ORANGEVILLE HEREBY ENACTS AS FOLLOWS: SECTION 1 - DEFINITIONS 4 1.1 In this By-law: "Applicant" means a person who files an application for a licence; "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; "Accessible Taxicab" means a motor vehicle with a seating capacity of not more than seven (7) passengers, including the driver and is designed or modified to provide transportation services to a person with a disability; "Appeal Tribunal" means a Committee or an individual appointed by Council to conduct hearings under this By-law; "Broker" means a person who carries on the business of accepting calls and dispatching a taxicab; "Brokerage" means the general business of a broker, and includes the land and premise where such business is carried on; "Bus" means a motor vehicle designed for carrying ten (10) or more passengers; "Town" means the Corporation of the Town of Orangeville and its land within the geographic limit of the Town as the context requires; "Clerk" means the Clerk for the Town or any person designated by the Clerk; "County" means the Corporation of the County of Dufferin; "Criminal Record Check" means a criminal record check issued by an Ontario Police Service; "Dispatch" or "Dispatching" means the communication given in any manner of an order or information to a Driver; "Driver" means a person who drives a vehicle for hire but does not include a TNC Driver; "Driver's Abstract" means a driver's abstract issued by the Province of Ontario; "Fare" means: (a) the amount to be calculated using a taxicab meter or TNC app in accordance with this by-law; (b) the flat rate allowed in accordance with this By-law; or "Administrative Penalty By-law" means the Administrative Penalty By-law of the Town being By-law 2025-049, as amended from time to time, or any successor thereof; (Amended by By-law 2025-051) 5 (c) the amount charged by a limousine owner and limousine driver in accordance with rates submitted to the Licence Issuer; "Green Plate" means a valid Green Vehicle Licence Plate issued by the Province of Ontario; "Hail" means to appeal for a transportation service using sounds, words, signs, or gestures; "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; "Highway Traffic Act" means Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended; "Licence" means a licence issued pursuant to this By-law; "Licence Issuer" means a Town employee responsible for issuing a licence; "Licensee" means a person issued a current valid licence; "Limousine" means a passenger motor vehicle, with a seating capacity of not more than ten (10) persons, including the driver, and 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; "Luxury vehicle" means an unaltered passenger motor vehicle meeting the Motor Vehicle Safety Act, S.C. 1993, c. 16, as amended, standards and having a designed seating capacity of between (4) and ten (10) occupants, including the driver, belonging to the luxury, high performance and full-size model; "Model year" means the age of a motor vehicle as indicated on the Ontario Motor Vehicle registration of said motor vehicle; "Motor vehicle" includes an automobile, truck, trailer, motorcycle and any other vehicle propelled or driven otherwise than by muscular power; "Officer" means a police officer, municipal law enforcement officer, or any other person appointed by by-law to enforce the provisions of this By-law; "Order" means a request for transportation services; 6 "Owner" means a person who, alone or with others, fits into any one or more of the following categories: (a) is the owner of the motor vehicle or business; (b) has control over the motor vehicle or business; (c) directs the operation of the motor vehicle or business; "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; "Passenger" means a person in a motor vehicle other than a Driver or a TNC Driver; "Person" includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other legal representative; "Plate" means a numbered plate or decal issued by the Licence Issuer; "Premise" means lands and structures, or either of them and includes a motor vehicle; "Safety Standards Certificate" means a certificate that confirms a motor vehicle complies with the equipment and performance standards prescribed by the Highway Traffic Act; "Service Animal" means an animal that can be readily identified as one that is being used by the person for reasons relating to the person's disability, as a result of visual indicators such as the vest or harness worn by the animal or the person provides documentation from on the of the following health professionals confirming that the person requires the animal for reasons relating to the disability: (a) a member of the College of Audiologists and Speech-Language Patholoigsts of Ontario (b) a member of the College of Chiropractors of Ontario (c) a member of the College of Nurses or Ontario (d) a member of the College of Occupational Therapists of Ontario (e) a member of the College of Optometrists of Ontario (f) a member of the College of Physicians and Surgeons of Ontario (g) a member of the College of Physiotherapists of Ontario (h) a member of the College of Psychologists of Ontario (i) a member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario; 7 "Solicit" or "Solicitation" means to appeal for a passenger by sound, words, signs, or gestures; "Smoke" or "Smoking" includes the carrying of a lighted cigar, cigarette, pipe, vaping or any other lighted smoking equipment; "Tariff Card" means a card that contains the maximum fares that may be charged in accordance with this by-law; "Taxicab" means a motor vehicle with a seating capacity of not more than seven (7) passengers, including the driver and provides transportation services and includes an Accessible Taxicab; "Taxicab Meter" means a measuring device used to calculate the fare payable for a transportation service but does not include a TNC app; "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; "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; "TNC Driver" means a person who drives a TNC Vehicle; "TNC Identifier" means a sign, including a decal, displaying the logo or name of the TNC; "TNC Vehicle" means a motor vehicle with a seating capacity of not more than seven (7) passengers, including the TNC Driver that provides transportation services through a TNC App but does not include a taxicab or limousine; "Town" means the Corporation of the Town of Orangeville and its land within the geographic limit of the Town as the context requires; "Vehicle for Hire" means a taxicab, limousine or a TNC Vehicle. "Zoning By-law" means any by-law passed by the Town pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P.13, as amended. SECTION 2 - GENERAL ADMINISTRATION AND EXEMPTIONS 2.1 The Short Title of this By-law is the "Vehicle for Hire By-law". 2.2 This By-law applies throughout the whole of the Town. 8 2.3 The provisions of this By-law do not apply to: (a) activities or matters undertaken by the Town or the County or a local board of the Town or the County; (b) a motor vehicle that is licensed 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 bus; (f) a motor vehicle used by not-for-profit organizations registered in the province of Ontario for the purpose of transporting a senior citizen or a person with a disability, a designated driver service for which a designated driver drives the customer in the customer's vehicle to at least one destination; (g) courtesy motor vehicle in association with a motor vehicle repair shop where a customer is driven to a predetermined destination; (h) Town Transit. SECTION 3 - GENERAL PROHIBITIONS AND REGULATIONS 3.1 No person shall own, operate or permit the operation of a: (a) TNC; (b) Brokerage; (c) Vehicle for Hire; without a valid licence. 3.2 No person shall transfer a licence without the approval of the Licence Issuer. 3.3 No person shall carry on business other than in the name that appears on a licence. 3.4 No person shall alter, erase or modify or permit such alteration, erasure or modification of a licence. 9 3.5 No person shall represent to the public that the person is licensed under this By- law if the person is not so licensed. 3.6 No person shall employ or engage the services of a TNC Driver that does not meet the requirements of this By-law. 3.7 No person shall employ or engage the services of a Driver that does not have a valid licence. 3.8 No person shall own, operate or permit the operation of a TNC Vehicle that does not meet the requirements of this By-law. 3.9 No person shall carry a greater number of passengers than is set out in the manufacturer's rating of seating capacity for such motor vehicle. 3.10 No person shall own, operate or permit the operation of a TNC, a Broker, a vehicle for hire, other than in accordance with the terms and conditions of a licence and this By-law. 3.11 No person shall drive a vehicle for hire without the following in their possession: (a) motor vehicle ownership; (b) valid insurance; (c) valid Ontario Driver's Licence; (d) any other document as required by this By-law. 3.12 No person shall operate or permit the operation of a vehicle for hire that requires mechanical or exterior body repair. 3.13 No person shall remove or tamper with, or cause to be removed or tampered with a taxicab meter or a taxicab meter seal. 3.14 No person shall own, operate, or permit the operation of a taxicab or a limousine without a valid plate affixed to the motor vehicle in accordance with the provisions and requirements of this By-law. 3.15 No person shall recover or receive any fare for transportation services greater than the fare prescribed by this By-law except for a tip, gratuity or credit card service charge. 3.16 No person shall permit, accept or condone a hail with a TNC Vehicle or limousine. 3.17 No person shall permit or accept payment by cash for transportation services provided by a TNC or TNC Driver. 10 3.18 No person shall operate as a TNC Driver or a TNC Vehicle without a valid Identification Card issued by a TNC. 3.19 No person shall own or operate a TNC Vehicle without a valid TNC Identifier displayed on the TNC Vehicle. 3.20 No person shall smoke in a vehicle for hire. 3.21 No person shall fail to pay a fare. SECTION 4 -APPLICATION FOR A LICENCE 4.1 A person making an application for a licence or renewal of a licence shall submit to the satisfaction of the Licence Issuer: (a) a complete application in the form provided by the Town; (b) where the applicant 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; (c) where the applicant, is a sole proprietor, a copy of the business name registration, when applicable; (d) where the applicant, 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; (e) the applicable licence fee; (f) any documents, and obtain all required approvals and inspections from the appropriate approval authority having jurisdiction as outlined on the applicable Schedule to this By-law; and (g) any other documents as may be required by the License Issuer. 4.2 Notwithstanding section 4.1, a licensee is not required to submit on renewal of a licence the items listed in sections 4.1 (b), 4.1 (c) or 4.1 (d) provided no changes have occurred in the information contained in those documents. 4.3 A person making application for the renewal of a licence shall submit a complete application and all required documents fourteen (14) days prior to the expiry of the current licence. 11 SECTION 5 - FEES 5.1. A fee for a licence, inspection, approval required, or replacement of a licence or plate shall be as prescribed in Schedule N of this By-law. SECTION 6 - DELEGATED AUTHORITY 6.1 The Licence Issuer is hereby delegated authority to administer this By-law and to issue a licence in accordance with the provisions of this By-law and the applicable Schedules to this By-law. 6.2 The Licence Issuer is hereby delegated authority to impose additional terms and conditions on a licence that in the opinion of the Licence Issuer are reasonable and taking into consideration: (a) the health, safety and well-being of persons; (b) the past conduct of an applicant or licensee. 6.3 The Licence Issuer is hereby delegated authority to revoke, suspend, refuse to issue, or refuse to renew a licence, where the applicant or licensee would not be entitled to a licence, or to the renewal of a licence, on any grounds set out in this By-law. 6.4 The Licence Issuer may cancel a licence at any time upon the written request of the licensee or upon the ceasing of the use of a motor vehicle as a vehicle for hire. 6.5 The Licence Issuer may transfer a licence upon being satisfied that all requirements of this By-law have been met. 6.6 The Licence Issuer shall not issue or renew a Driver's licence to a person that does not meet the threshold criteria established by Town policies or written procedures. 6.7 The Licence Issuer shall not issue or renew a licence to a person that has: (a) two or more related convictions within the last year concerning the licensed business or person; (b) overdue by-law fines, penalties or other monies owing to the Town; (c) outstanding property taxes and late payment charges owing to the Town for the property subject to the licence application, where applicable. 6.8 The Appeal Tribunal shall have the same powers as the Licence Issuer pursuant to this By-law for the purpose of authorizing the issuing of a licence. 12 SECTION 7 -LICENCE 7.1 A Licence shall be issued by the Licence Issuer upon being satisfied that the requirements of this By-law have been met. 7.2 A taxicab broker, taxicab owner, taxicab driver, limousine owner, limousine driver and TNC licence shall expire on the 31st day of October of each year unless otherwise suspended or revoked in accordance with the provisions of this By-law. (By-law 2022-045) 7.3 Section deleted. (By-law 2022-045) 7.4 The issuing of a licence does not relieve a person from any responsibility to obtain all other approvals that may be required from any level of government or authority or agencies thereof having jurisdiction. 7.5 No corporation may be licensed as a Driver. SECTION 8 - TRANSFER OF A LICENCE 8.1 A Driver's licence may not be transferred. 8.2 A Taxicab Owner's licence or a Limousine Owner's licence may be transferred to a replacement motor vehicle, upon submission of all required documents and information identified by the Licence Issuer and the applicable fee. 8.3 A Broker's licence may be transferred from one corporation to another corporation, upon submission of all required documents and information identified by the Licence Issuer and the applicable fee. 8.4 A TNC licence may be transferred from one corporation to another corporation, upon submission of all required documents and information identified by the Licence Issuer and the applicable fee. 8.5 Where the majority shareholder changes in a corporation that is a licensed, it shall be deemed a transfer and all provisions related to ownership and corporations shall apply. 8.6 Where the owner of a taxicab or limousine dies the plate and licence shall be returned to the License Issuer within ninety (90) days of the date of death of the owner of the taxicab or limousine or the licence may be transferred into the name of the estate for six (6) months or until expiry of the licence term which ever occurs later upon submission of: (a) a copy of the death certificate; 13 (b) proof of insurance in the name of the estate; (c) proof of motor vehicle ownership in the name of the estate. 9. LICENCE - TERMS AND CONDITIONS - GENERAL 9.1 A Licensee shall notify the Licence Issuer within seven (7) days: (a) of any change of name, address or any other change to the information related to the Licence; (b) where the Licensee is a corporation, of any change in the names and addresses of officers and directors, the location of the corporate head office and change of ownership of shares; (c) where the Licensee is a registered partnership, of any change in the names and addresses of each member of the partnership; and if necessary, the Licence shall be returned immediately to the Licence Issuer for amendment. 9.2 A Licensee shall operate in compliance with this By-law, the terms and conditions of a licence including the terms and conditions outlined in the applicable Schedule(s) to this By-law and all federal and provincial legislation. 9.3 A Licensee in carrying out a business licensed under this By-law shall provide services that are free from discrimination and respect all grounds protected by the Ontario Human Rights Code. 9.4 A Licensee in carrying out a business licensed under this By-law shall not, with respect to any person being guided or assisted by a service animal: (a) refuse to provide service to a person; (b) refuse to permit a person to enter with the service animal into or upon any place or premise to which the Licence relates; or (c) refuse to permit the person and such service animal to remain in or upon such place or premise by reason only of the presence of such service animal. 9.5 Notwithstanding Section 9.4, a Driver may refuse to service a person with a service animal, where the Driver has an allergy, and has filed with the Licence Issuer a certificate from his doctor evidencing that due to the allergy he is unable to provide service to a passenger with a service animal. A Driver that is unable to service a passenger with a service animal, shall make arrangements for service of the passenger prior to proceeding to his next engagement. 14 9.6 A person who has been issued a licence under this by-law shall immediately return: (a) a damaged or replaced plate; (b) upon ceasing the use of the motor vehicle as a taxicab or limousine the plate; to the Licence Issuer. 9.7 A Licensee upon the request of the Licence Issuer or an Officer shall submit: (a) a motor vehicle for an inspection; (b) documents and records required to be kept in accordance with this by-law. 9.8 A Licensee shall provide notice by means of signage that is clearly visible to the public both inside and outside a vehicle for hire if it is equipped with a in-car surveillance camera. 10. LICENCE - ADMINISTRATIVE SUSPENSIONS 10.1 Where required in accordance with this By-law a Licensee's: (a) policy of liability insurance expires, is cancelled, or is otherwise terminated; or (b) provincial driver's licence expires, is cancelled, suspended or revoked; then the applicable licence shall be automatically suspended effective on the date of such expiration, cancellation, revocation or termination and shall remain so until such insurance or provincial driver's licence has been reinstated. 10.2 An administrative suspension of a licence without a hearing shall be imposed for fourteen (14) days if the Licence Issuer is satisfied that the continuation of the business poses an immediate danger to health and safety of any person or to any premise or in accordance with Section 11. Before any suspension is imposed, the Licence Issuer shall provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them. 10.3 An administrative suspension imposed under Section 10.2 may be imposed on such conditions as the Licence Issuer considers appropriate. 11. LICENCES - GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION 11.1 An applicant or licensee is entitled to a licence upon meeting the requirements of this By-law except where: 15 (a) the past or present conduct of any person, including any partner, 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; or (b) the applicant or licensee has past breaches or contraventions of any law or 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; or (c) the financial position of the applicant or licensee affords reasonable grounds to believe that the activity for which he is licensed or to continue to be licensed in accordance with law will not be carried on in a financially responsible manner; or (d) the applicant or licensee has failed to pay a fine or fines imposed by a Court for convictions for breach of this or any other Town by-law; or (e) the applicant or licensee has failed to comply with any term, condition or direction of the Licence Issuer or Officer or has failed to permit any investigation or inspection by the Licence Issuer or Officer; or (f) the applicant or licensee has failed to comply with the requirements set out in this By-law or any of the applicable Schedules to this By-law; or (g) the issuing of a licence would be contrary to the public interest with respect to health and safety or consumer protection; or (h) the applicant or licensee has submitted an application or other documents to the Town containing false statements, incorrect, incomplete, or misleading information; or (i) the applicant or licensee is carrying on or engaging in activities that are, or will be, if the applicant of licensee is licensed, in contravention of this By-law, or any other applicable law; or (j) the applicant or licensee has exhibited discriminatory behaviour against a person on any grounds protected by the Ontario Human Rights Code; or (k) the applicant or licensee has not paid the required licence fees; or (l) in the case of a driver, the applicant or licensee fails to meet the requirements set out in Section 6.6 of this By-law. 16 11.2 The Licence Issuer may revoke, suspend, refuse to issue, or refuse to renew a licence, where the applicant or licensee would not be entitled to a licence, or to the renewal of a licence, on any grounds set out in this By-law. 11.3 Where the application for a licence has been revoked, suspended or cancelled, the fees paid by the applicant or licensee, in respect of the licence, shall not be refunded. 11.4 Where a licence has been revoked, suspended, or cancelled the licensee shall return the licence and plate to the Licence Issuer within two (2) days of service of the notice of the decision. 11.5 When a revoked, suspended or cancelled licence and plate has not been returned, an Officer may enter upon the premise for the purpose of receiving, taking or removing the said licence and plate and no person shall refuse to return the licence and plate or in any way obstruct or prevent the Licence Issuer or Officer from obtaining the licence and plate. 11.6 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 Licence Issuer's decision to refuse to issue, renew or revoke a licence; (b) where the decision of the Licence Issuer is appealed, the date of the Appeal Tribunal's decision if the Appeal Tribunal upholds the decision to refuse to issue, renew or revoke the licence. 12. LICENCES - GROUNDS FOR REFUSAL, REVOCATION OR SUSPENSION - TERMS AND CONDITIONS - RIGHT TO A HEARING 12.1 With the exception of Section 10, before a licence is refused, revoked, suspended, cancelled or issued with terms or conditions, written notice shall be given by the Licence Issuer to the applicant or licensee. 12.2 Notice shall be served to the applicant's or licensee's last known address or email address filed with the Town and shall: (a) contain sufficient information to specify the nature of, or reason for, any recommendation; (b) inform the applicant or licensee of entitlement to a hearing before the Appeal Tribunal, if a request in writing for a hearing is returned to the Clerk within fourteen (14) days after the date of service of the notice; and 17 (c) inform the applicant or licensee that if no written request is received, the Appeal Tribunal may proceed and make any decision with respect to the licence. 12.3 On receipt of a written request for a hearing from an applicant or licensee, the Clerk shall: (a) schedule a hearing; and (b) give the applicant or licensee notice of the hearing at least twenty (20) days prior to the hearing date; and (c) post notice of the hearing on the Town's website at least twenty (20) days prior to the hearing date. 12.4 Service of any notice on the applicant or licensee under this by-law shall be made by personal delivery, ordinary mail or email transmission. The notice shall be deemed to have been served on the fourth (4th) day after the day of mailing or on the date of personal service or on the date of the email transmission. 13. ESTABLISHMENT OF APPEAL TRIBUNAL 13.1 The Appeal Tribunal shall hear and render decisions regarding the refusal, revocation or suspension of a licence, and the imposing of terms and conditions on a licence. 13.2 The decision of the Appeal Tribunal shall be final and binding. 14. HEARING PROCESS 14.1 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, shall apply to all hearings conducted under this By-law. 14.2 A hearing shall be held in public, unless determined otherwise in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended, and the Appeal Tribunal shall hear the applicant or licensee and every other person who desires to be heard, and the Appeal Tribunal may give its decision orally or adjourn the hearing and reserve its decision but in any case the decision shall be provided in writing. 14.3 The decision of the Appeal Tribunal, shall be in writing and shall set out the reasons for the decision, and shall be signed. 14.4 Any authority or permission granted by the Appeal Tribunal may be for such time and subject to such terms and conditions as the Appeal Tribunal considers advisable and as are set out in the decision. 18 14.5 When a person who has been given written notice of a hearing does not attend at the appointed time and place, the Appeal Tribunal may proceed with the hearing in his absence, and the person shall not be entitled to any further notice of the proceedings. 14.6 The Clerk shall no later than ten (10) days from the making of the decision send one (1) copy of the decision to: (a) the applicant or licensee; (b) each person who appeared in person or by Counsel or by Agent at the hearing and who filed with the Clerk a written request for notice of the decision. 15. ORDERS 15.1 If an Officer has reasonable grounds to believe that a contravention of this By-law or the terms and conditions of a licence has occurred, the Officer may make an Order requiring the person who contravened this By-law or the terms and conditions of a licence or who caused or permitted the contravention to occur to: (a) discontinue the contravening activity; and/or (b) do work or take action to correct the contravention. 15.2 An Order under section 15.1 shall set out: (a) reasonable particulars of the contravention adequate to identify the contravention; (b) the location of the premise on which the contravention occurred; and (c) either: (i) in the case of an Order under section 15.1 (a), the date by which there must be compliance with the Order; or (ii) in the case of an Order under section 15.1 (b), the action to be done and the date by which the action must be done. 15.3 An Order made under this By-law may be served personally, ordinary mail to the last known address or by email transmission to: (a) the person the Officer believes contravened this By-law; and (b) such other persons affected by the Order as the Officer making the Order determines. 19 15.4 The Order shall be deemed to have been served on the fourth (4th) day after the date of mailing or on the date of personal service or on the date of email transmission. 15.5 An Officer who is unable to effect service of an Order pursuant to this By-law shall place a placard containing the Order in a conspicuous place on the premise and the placing of the placard shall be deemed to be sufficient service. The placing of the placard of the Order shall be deemed to be served on the date of placing the placard. 16. ENFORCEMENT AND PENALTY PROVISIONS 16.1 The enforcement of this By-law shall be conducted by an Officer. 16.2 An Officer may enter on land or a premise at any reasonable time for the purpose of carrying out an inspection to determine whether or not: (a) the By-law is complied with; (b) the licence, or the term or condition of a licence, or this By-law is complied with; (c) a direction or Order made under the Municipal Act, S.O. 2001, c.25, as amended, or this By-law is complied with. 16.3 For the purposes of an inspection under 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. 16.4 All documents and records shall be kept in a good and business-like manner for review by the Officer at their request. 16.5 A receipt shall be provided for any document or thing removed under this By-law and the document or thing shall be promptly returned after the copies or extracts are made. 20 16.6 A sample taken under this By-law shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 16.7 If a sample is taken under this By-law and the sample has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 16.8 Every person who contravenes any provision of this By-law, including failing to comply with an Order issued pursuant to this By-law, is guilty of an offence and is liable to a fine, and such other penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, and the Municipal Act, 2001, as amended. 16.9 Every person who is charged with an offence under this By-law or an Order issued pursuant to this By-law or every director or officer of a corporation, who knowingly concurs in the contravention, by the laying of an information under Part III of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended and is found guilty of the offence is liable pursuant to the Municipal Act, 2001, as amended to the following: (a) on a first offence, to a fine not more than $50,000.00; and (b) on a second offence and each subsequent offence, to a fine of not more than$100,000.00 16.10 Every person who is issued a Part 1 offence notice or summons and is convicted is guilty of an offence under this By-law shall be subject to a fine, to a maximum as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 16.11 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. 16.12 Every person who is alleged to have contravened any of the provisions of this be deemed to have hindered or obstructed an Officer in the execution of his or her duties. Upon conviction any penalty imposed under this By-law may be collected under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. If a person is convicted of an offence under this By-law, the court in which the conviction has been entered and any court of competent jurisdiction may, in addition to any other remedy and to any penalty imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. 16.13 16.14 16.15 By-law, shall identify themselves to an Officer upon request, failure to do so shall Sections 3, 16.8 and 16.11 is hereby designated as parts of this By-law to which the Administrative Penalty By-law applies. (Amended by By-law 2025-051) 16.16 Any person who contravenes any Designated Provision shall, upon issuance of a penalty notice in accordance with the Administrative Penalty By-law, be liable to pay an administrative penalty and any applicable administrative fees. (Amended by By-law 2025-051) 21 17.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the intention of Council of the Town that the remainder of this By-law shall continue in force unless the court makes an order to the contrary. 18. INTERPRETATION 18.1 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. 18.2 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. 18.3 The Schedules appended to this By-law are incorporated into and form part of this By-law. 19 TRANSITIONAL RULES 19.1 By-law 119-2004, as amended, shall continue apply to any enforcement proceedings commenced prior to the effective date of this by-law. 19.2 This By-law shall come into effect on May 1, 2022. 20. REPEAL 20.1 By-laws 119-2004, 071-2005, 080-2008, 122-2009, 093-2010, 022-2020 and 011- 2021 are hereby repealed. READ three times and finally passed this 11th day of April, 2022. 17. SEVERABILITY 22 SCHEDULE 'A' to BY-LAW 2022-038 TAXICAB DRIVER LICENCE REQUIREMENTS 1. APPLICATION REQUIREMENTS 1.1 In addition to the requirements set out in Section 4 of this By-law, an Applicant or Licensee for a Taxicab Driver's Licence or renewal of a Taxicab Driver's Licence shall submit the following to the satisfaction of the Licence Issuer: (a) proof of being at least 18 years of age; (b) proof of either: i) Canadian Citizenship; ii) Landed immigrant status; iii) a valid work permit to work as a driver issued by the Government of Canada; or iv) other documentation substantiating permission to legally work in Canada; (c) a current valid Class A, B, C, D, E, F or G driver's licence issued by the Province of Ontario; (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) three (3) copies of a current photograph of passport quality of himself in a format as prescribed by the Licence Issuer; (g) where an applicant or licensee is not the owner of the taxicab, correspondence from taxicab owner and broker of his employment as a taxicab driver. 1.2 Notwithstanding section 1.1, a licensee is not required to submit on renewal of a licence the items listed in section 1.1 (b) provided no changes have occurred in the information contained in those documents. 1.3 An applicant or licensee for a taxicab driver's licence shall be able to communicate to the extent necessary to perform his duties under this By-law. 1.4 In addition to the Taxicab Driver's Licence requirements, an Applicant or Licensee who will operate an Accessible Taxicab shall to the satisfaction of the Licence Issuer read and sign an acknowledgement of receipt of the Town's Accessibility Standards for Customer Service. 23 SCHEDULE 'B' to BY-LAW 2022-038 TAXICAB DRIVER LICENCE TERMS AND CONDITIONS 1. DUTIES AND RESPONSIBILITIES 1.1 A taxicab driver shall: (a) each day, before operating a taxicab examine it for mechanical defects, interior and exterior damage, and immediately report any defects to the taxicab owner and broker; (b) carry his Ontario Driver's Licence with him at all times when operating the taxicab; (c) carry and display his licence in such a manner that is visible to a passenger in the back seat; (d) carry and produce the tariff card upon request; (e) immediately report: i) a collision to the taxicab owner and broker; ii) any suspension of his Ontario driver's licence to the taxicab owner, broker and the Licence Issuer; (f) be civil, behave courteously and refrain from using profanity; (g) offer to assist any passenger when it is evident that the passenger is a person in need of or could benefit from assistance and follow the direction of the passenger on how best to assist them; (h) deliver all property or money left in the taxicab to the owner of the property or money. If the owner of the property or money can not be found, deliver the property or money to the nearest police station and notify the taxicab owner and broker; (i) create and keep daily a record in written or electronic form details of each transportation service which includes the following: i) his name, the date and the taxicab owner's plate number; ii) the location and time of the beginning and end of each transportation service provided; 24 iii) the amount of the fare collected for each transportation service provided; (j) keep and maintain all transportation service records for a period of one (1) year. 1.2. A Taxicab Driver shall not: (a) place in, hang on or attach to the taxicab any luggage or object, in a manner that might obstruct his view; (b) take, consume or have in his possession any alcohol, drugs or intoxicants while he is the driver of the taxicab; (c) operate a taxicab when his ability to perform his duties is impaired by fatigue, illness or otherwise; (d) permit a passenger to stand in the taxicab while it is in motion. (e) take on any additional passengers after the taxicab has departed with one or more passengers from any one starting point except under the following circumstances: i) when done at the request of the current passenger who is sixteen (16) years of age or older; ii) in an emergency situation; iii) when operating exclusively for the transportation of children to and from school in accordance with the requirements of the applicable School Board; iv) when operating an Accessible Taxicab which is being used in accordance with a prearranged contract for the transportation of passengers with a disability. (f) operate a taxicab when the taxicab meter: i) seal has been broken or removed; ii) has not been adjusted in accordance with the fares prescribed by this By-law. 1.3 A taxicab driver may refuse to provide a transportation service where a passenger: (a) has not paid a previous fare; 25 (b) in his 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; (f) is not obeying the law. 2. FARES 2.1 A taxicab driver shall: (a) when a passenger enters a taxicab and gives the driver the desired destination, take the shortest possible route to the 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) where he has notified a passenger of his arrival and has waited a reasonable time after the time of the order he may commence calculation of the fare; (d) not charge for time lost through his own incompetence or defects or inefficiency of the taxicab; (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) date and time of the transportation service; iii) pick up location and destination; iv) his name; v) driver's licence number; and vi) plate number of the taxicab; (g) if there is a dispute with the passenger about the fare, refer the dispute to the police. 26 2.2. A taxicab driver may when he picks up a passenger within the Town for a transportation service with a destination outside the Town, 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. 27 SCHEDULE 'C' to BY-LAW 2022-038 TAXICAB OWNER LICENCE REQUIREMENTS 1. APPLICATION REQUIREMENTS 1.1 In addition to the requirements set out in Section 4 of this By-law an Applicant or Licensee for a Taxicab Owner's Licence or renewal of a Taxicab Owner's Licence shall submit the following to the satisfaction of the Licence Issuer: (a) proof of being at least 18 years of age; (b) proof of either: i) Canadian Citizenship; ii) Landed immigrant status; iii) a valid work permit to work as a driver issued by the Government of Canada; iv) other documentation substantiating permission to legally work in Canada; (c) a current valid Class A, B, C, D, E, F or G driver's licence issued by the Province of Ontario; (d) a Safety Standards Certificate dated within the previous sixty (60) days; (e) a copy of the motor vehicle ownership; (f) provide proof of third party motor vehicle liability insurance for the motor vehicle which shall: i) be endorsed to provide the Licence Issuer 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; 28 (g) a taxicab meter calibration and seal certificate prepared by a qualified mechanic or tradesperson. 1.2 Notwithstanding section 1.1, a licensee is not required to submit on renewal of a licence the items listed in section 1.1 (b) provided no changes have occurred in the information contained in those documents. 1.3 In addition to the requirements set out in Section 4 of this By-law the issuing of a Taxicab Owner's Licence or renewal of a Taxicab Owner's Licence is subject to confirmation of compliance with the Town's Zoning By-law. 29 SCHEDULE 'D' to BY-LAW 2022-038 TAXICAB OWNER AND ACCESSIBLE TAXICAB OWNER LICENCE TERMS AND CONDITIONS 1. DUTIES AND RESPONSIBILITIES 1.1 A taxicab owner shall: (a) keep in full force and effect motor vehicle liability insurance in accordance with the requirements of this By-law for the taxicab; (b) repair any mechanical defect or exterior body repair of a taxicab that is reported to him 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) keep at all times in the taxicab: i) Motor Vehicle ownership; ii) valid insurance; (e) when a driver ceases to be affiliated with a taxicab owner notify the Broker and Licence Issuer within three (3) days of the said termination; (f) immediately remove from the taxicab being disposed of: i) all identifying decals and markings; ii) the taxicab meter; iii) all other items which make the taxicab appear to the public to be a taxicab; (g) keep and maintain all records of repair to the taxicab including all invoices for the duration of its operation as a taxicab. 2. TAXICAB REQUIREMENTS 2.1 A taxicab 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; (c) be equipped with working seatbelts for its maximum passenger capacity; 30 (d) be equipped with an extra tire, wheel and jack ready for use or be equipped with a run-flat free tire system or air compressor/tire sealant combination unit; (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 fares as set in Schedule M; iv) used only when the seal thereon is intact; v) kept in good working condition; (f) be clean and maintained in a good repair and free from interior damage and exterior body damage; (g) have on display in the interior of the taxicab a: i) no smoking sign; ii) tariff card provided by the Licence Issuer; that is visible to a passenger in the back seat; (h) have firmly affixed to the rear exterior passenger side area of the taxicab, the plate together with the renewal sticker issued by the Licence Issuer; (i) display on the exterior of the taxicab uniform signage that includes the: i) name, phone number or other contact details of the broker with whom he is affiliated with on a front or back door side panel or on a roof sign; ii) plate number in figures a minimum of 15.24 cm (6 inches) in height and of a contrasting colour on both front fenders; (j) 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. ACCESSIBLE TAXICAB REQUIREMENTS 3.1 In addition to the taxicab requirements, an accessible taxicab shall: (a) be equipped with: i) wheelchair securement devices that limit the forward, backward, rotational, lateral and vertical motion of every wheelchair in the vehicle 31 at the points of contact of the wheelchair with the vehicle while the vehicle is in normal operation; ii) be equipped with a unitized first aid kit in a sturdy, dustproof removable container containing, (a) packets containing hand cleansers and gauze cleansing pads, (b) adhesive dressings, individually wrapped, (c) compress dressings, (d) eye dressing kits, (e) gauze dressings, (f) gauze bandages, (g) adhesive tape, (h) triangular bandages, (i) rolled metal splint, (j) one pair of scissors, (k) one pair of sliver tweezers, and (l) safety pins. iii) one dry-chemical-type fire extinguisher: (a) bearing the label of a recognized testing agency (b) showing a rating of not less than 2-A: 10-B:C; and (c) equipped with a pressure gauge indicating that the fire extinguisher is adequately charged contained in the extinguisher manufacturer's bracket; (b) be in compliance with Regulation 629 of the Highway Traffic Act. 4. TAXICAB MODEL YEAR RESTRICTIONS 4.1 No motor vehicle with a model year greater than ten (10) years shall be used as a taxicab. 32 SCHEDULE 'E' to BY-LAW 2022-038 BROKER LICENCE REQUIREMENTS 1. In addition to the requirements set out in Section 4 of this By-law an Applicant or Licensee for a Broker's Licence or renewal of a Broker's Licence shall submit the following to the satisfaction of the Licence Issuer: (a) 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 Ontario licence plate number of the taxicab operated by the taxicab driver; iii) the name of the taxicab owner and plate number; (b) proof of commercial general liability insurance which shall: i) be endorsed to provide the Licence Issuer 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 all claims for personal injury including bodily injury resulting in death, and property damage with an inclusive limit of not less than Two Million ($2,000,000.00) 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. 2. In addition to the requirements set out in Section 4 of this By-law the issuing of a Broker's Licence or renewal of a Broker Licence's is subject to the following: (a) where the brokerage office is located in the Town, confirmation that the premise where the brokerage operates from is in compliance with the Town's Zoning By-law. 33 SCHEDULE 'F' to BY-LAW 2022-038 BROKER LICENCE TERMS AND CONDITIONS 1. DUTIES AND RESPONSIBILITIES 1.1 A broker shall: (a) keep in full force and effect commercial general liability insurance in accordance with the requirements of this By-law; (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 Ontario licence plate number of the taxicab operated by the Taxicab Driver; iii) the name of the Taxicab Owner and plate number; (c) ensure each taxicab that is dispatched is equipped: i) to accept credit card and debit card payments; ii) with a fully functioning global positioning system. 1.2 A broker shall create and maintain information on all orders which shall include: (a) the date, time and receipt of the order; (b) the name of the Taxicab Driver and the plate number of the taxicab dispatched; (c) pick up location and the destination; (d) date and time the transportation service started and terminated; (e) length of time elapsed between the order and the start time of the transportation service. 1.3 A Broker shall keep and maintain all records required to be kept under this By-law for a period of two (2) years. 1.4 A Broker shall: (a) inform a customer of the anticipated time for arrival of the taxicab; 34 (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 licensed Broker which can provide the service; (c) where the brokerage provides Accessible Taxicabs, provide priority service to a person with a disability; (d) when a driver ceases to be affiliated with the broker notify the Licence Issuer within three (3) days of the said termination; (e) provide transportation services to all areas in the Town. 1.5 A broker shall not: (a) require a driver to accept an order necessitating an expenditure of money by the driver on behalf of the passenger; (b) dispatch a driver or a taxicab that does not meet the requirements of this By-law; (c) dispatch a driver of a taxicab when their ability to perform his duties is impaired by fatigue, illness or otherwise. 1.6 A broker may refuse an order where a passenger has not paid a previous fare. 35 SCHEDULE 'G' to BY-LAW 2022-038 LIMOUSINE DRIVER LICENCE REQUIREMENTS 1. APPLICATION REQUIREMENTS 1.1 In addition to the requirements set out in Section 4 of this By-law, an Applicant or Licensee for a Limousine Driver's Licence or renewal of a Limousine Driver's Licence shall submit the following to the satisfaction of the Licence Issuer: (a) proof of being at least 18 years of age; (b) proof of either: i) Canadian Citizenship; ii) Landed immigrant status; iii) a valid work permit to work as a driver issued by the Government of Canada; or iv) other documentation substantiating permission to legally work in Canada; (c) a current valid Class A, B, C, D, E, F or G driver's licence issued by the Province of Ontario; (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) three (3) copies of a current photograph of passport quality of himself in a format as prescribed by the Licence Issuer; (g) where an applicant or licensee is not the owner of the limousine, correspondence from limousine owner of his employment as a limousine driver. 1.2 Notwithstanding section 1.1, a licensee is not required to submit on renewal of a licence the items listed in section 1.1 (b) provided no changes have occurred in the information contained in those documents. 1.3 An applicant or licensee for a limousine driver's licence shall be able to communicate to the extent necessary to perform his duties under this By-law. 36 SCHEDULE 'H' to BY-LAW 2022-038 LIMOUSINE DRIVER TERMS AND CONDITIONS 1. DUTIES AND RESPONSIBILITIES 1.1 A limousine driver shall: (a) each day, before operating a limousine examine it for mechanical defects, interior and exterior damage, and immediately report any defects to the limousine owner; (b) carry his Ontario Driver's Licence with him at all times when operating the limousine; (c) carry and display his licence in such a manner that is visible to a passenger in the back seat; (d) carry and produce the Limousine rate sheet and a copy of the signed contract upon request; (e) immediately report: i) a collision to the limousine owner; ii) any suspension of his Ontario driver's licence to the limousine owner and the Licence Issuer; (f) be professionally attired; (g) be civil, behave courteously and refrain from using profanity; (h) offer to assist any passenger when it is evident that the passenger is in need of or could benefit from assistance and follow the direction of the passenger on how best to assist them; (i) deliver all property or money left in the limousine to the owner of the property or money. If the owner of the property or money can not be found, deliver the property or money to the nearest police station and notify the limousine owner. 1.2. A Limousine Driver shall not: (a) place in, hang on or attach to the limousine any luggage or object, in a manner that might obstruct his view; 37 (b) take, consume or have in his possession any alcohol, drugs or intoxicants while he is the driver of the limousine; (c) operate a limousine when his ability to perform his duties is impaired by fatigue, illness or otherwise; (d) permit a passenger to stand in the limousine while it is in motion. (e) take on any additional passengers after the limousine has departed with one or more passengers from any one starting point except under the following circumstances: i) when done at the request of the current passenger who is sixteen (16) years of age or older; ii) in an emergency situation. (f) solicit without a pre-arranged contract for hire; (g) hold himself out as being available for hire in any public place. 1.3 A limousine driver may refuse to provide a transportation service where a passenger: (a) has not paid a previous fare; (b) in his 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) is not obeying the law. 2. FARES 2.1 A limousine driver shall: (a) not charge for time lost through his own incompetence; (b) when there is a dispute with the fare give the passenger a receipt showing his name and driver's licence number and the plate number of the limousine; (c) if there is a dispute with the passenger about the fare, refer the dispute to the police. 38 SCHEDULE 'I' to BY-LAW 2022-038 LIMOUSINE OWNER LICENCE REQUIREMENTS 1. APPLICATION REQUIREMENTS 1.1 In addition to the requirements set out in Section 4 of this By-law an Applicant or Licensee for a Limousine Owner's Licence or renewal of a Limousine Owner's Licence shall submit the following to the satisfaction of the Licence Issuer: (a) proof of being at least 18 years of age; (b) proof of either: i) Canadian Citizenship; ii) Landed immigrant status; iii) a valid work permit to work as a driver issued by the Government of Canada; or iv) other documentation substantiating permission to legally work in Canada; (c) a current valid Class A, B, C, D, E, F or G driver's licence issued by the Province of Ontario; (d) a Safety Standards Certificate dated within the previous sixty (60) days; (e) a copy of the motor vehicle ownership; (f) provide proof of third party motor vehicle liability insurance for the motor vehicle which shall: i) be endorsed to provide the Licence Issuer 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; 39 (g) a list of all limousine drivers operating limousines, which list shall include the following information: i) the name of the limousine driver; ii) the year, make, model and Ontario licence plate number of the limousine operated by the limousine driver; iii) the name of the limousine owner and plate number; (h) a copy of the fares to be charged for the use of the limousine. 1.2 Notwithstanding section 1.1, a licensee is not required to submit on renewal of a licence the items listed in section 1.1 (b) provided no changes have occurred in the information contained in those documents. 1.3 In addition to the requirements set out in Section 4 of this By-law the issuing of a Limousine Owner's Licence or renewal of a Limousine Owner's Licence is subject to confirmation of compliance with the Town's Zoning By-law. 40 SCHEDULE 'J' to BY-LAW 2022-038 LIMOUSINE OWNER TERMS AND CONDITIONS 1. DUTIES AND RESPONSIBILITIES 1.1 A limousine owner shall: (a) keep in full force and effect motor vehicle liability insurance in accordance with the requirements of this By-law for the limousine; (b) repair any mechanical defect or exterior body repair of a limousine that is reported to him or known; (c) not permit the operation of limousine that has been in a collision until such time as the necessary repairs have been completed; (d) keep at all times in the limousine: i) motor vehicle ownership; ii) valid insurance; (e) when a driver ceases to be affiliated with a limousine owner notify the Licence Issuer within three (3) days of the said termination; (f) 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; (g) immediately remove from the limousine being disposed of: (i) all identifying decals and markings; and (ii) all other items which make the limousine appear to the public to be a limousine; (h) create and maintain in a readily accessible electronic format a list of all limousine drivers operating limousines, which list shall include the following: i) the name of the Limousine Driver; ii) the year, make, model and Ontario licence plate number of the limousine operated by the Limousine Driver; 41 iii) the name of the Limousine Owner and plate number; (i) ensure that Limousine Driver shall be professionally attired during working hours; (j) file with the Licence Issuer annually, a copy of the fares to be charged for the use of the limousine and give fifteen (15) days advance notice to the Licence Issuer of any new fares; (k) abide by the fares filed with the Licence Issuer; and (l) keep and maintain all records of repair to the limousine including all invoices for the duration of its operation as a limousine. 1.2 A Limousine Owner shall not equip a limousine with a two-way radio or taxicab meter. 2. LIMOUSINE REQUIREMENTS 2.1 A 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 an extra tire, wheel and jack ready for use or be equipped with a run-flat free tire system or air compressor/tire sealant combination unit; (e) be clean and maintained in a good repair and free from interior damage and exterior body damage; (f) have on display in the interior of the limousine a no smoking sign that is visible to a passenger in the passenger compartment; (g) have firmly affixed to the rear exterior trunk area of the limousine, the plate together with the renewal sticker issued by the Licence Issuer; (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. 42 3. LIMOUSINE MODEL YEAR RESTRICTIONS 3.1 No motor vehicle with a model year greater than (10) years shall be used as a limousine unless the motor vehicle is a classic or vintage limousine that is approved by the Licence Issuer. 43 SCHEDULE 'K' to BY-LAW 2022-038 TNC LICENCE REQUIREMENTS 1. In addition to the requirements set out in Section 4 of this By-law an Applicant or Licensee for a TNC Licence or renewal of a TNC Licence shall submit the following to the satisfaction of the Licence Issuer: (a) a list of all TNC Drivers affiliated with the TNC, which list shall include the following information: i) the name of the TNC Driver; ii) the year, make, model and Ontario licence plate number of the TNC Vehicle operated by the TNC Driver; (b) proof of commercial general liability insurance which shall: i) be endorsed to provide the Licence Issuer 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 all claims for personal injury including bodily injury resulting in death, and property damage with an inclusive limit of not less than Two Million ($2,000,000.00) 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 and naming the Town as an additional insured as it relates to the operation of the TNC; (c) proof on behalf of every TNC Driver third party motor vehicle liability insurance for owned, not owned or leased TNC Vehicle which shall at all times during the provision of transportation services: i) be endorsed to provide the Licence Issuer 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 person(s), 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 TNC endorsement or an equivalent endorsement acceptable to the Licence Issuer, with limits of not less than two million dollars ($2,000,000) per occurrence; 44 (d) 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 the business; (e) the TNC Identifier; (f) documentation demonstrating that the TNC App used: i) at the time the transportation service is arranged, provides to the passenger requesting the transportation service: (a) the TNC name and contact information; (b) the first name and photograph of the TNC Driver; (c) make, model and licence plate of the TNC Vehicle; (d) the estimated fare including any surcharge; (e) the current location of the TNC Vehicle; ii) provides a link to rate or provide comment on the TNC Driver and the TNC Vehicle; iii) 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; iv) provides a secure payment mechanism; v) provides a printed or electronic receipt to the passenger at the end of the transportation service that includes the following information: (a) the fare and any surcharges paid; (b) date, time, duration and distance of the transportation service; (c) pick-up location and the destination; (d) the first name of the TNC Driver. (h) incorporates a global positioning system (GPS) in which all Transportation Services are recorded; (i) is accessible to a person with a disability. 45 SCHEDULE 'L' to BY-LAW 2022-038 TNC LICENCE TERMS AND CONDITIONS 1. DUTIES AND RESPONSIBILITIES 1.1 A TNC shall: (a) keep in full force and effect motor vehicle liability insurance in accordance with the requirements of this By-law for the TNC Vehicle; (b) keep in full force and effect commercial general liability insurance in accordance with the requirements of this By-law; (c) upon request, provide a report prepared by an independent third party auditor confirming the TNC is collecting the information as required by this By-law and that the information provided to the Town is accurate and true; (d) ensure that driver training is available for all affiliated TNC Drivers on the use of the TNC App; (e) where 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 person who can provide the service; (f) have a dispute resolution process for dealing with any complaints regarding fares, customer service or any other issues arising from the TNC operations; (g) not permit, encourage or condone the acceptance of hails or the solicitation of passengers by TNC Drivers; (h) not obstruct access and use of the TNC App by the Licence Issuer or an Officer including but not limited to the creation and use of an account as a passenger and a TNC Driver; (i) 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 transportation services offered by TNC Drivers; iii) the applicable screening process for a TNC Driver and a TNC Vehicle; iv) that TNC Driver cannot accept cash payment for transportation services. 46 (j) at the time the transportation service is arranged, provides to the passenger requesting the transportation service: i) the TNC name and contact information; ii) the first name and photograph of the TNC Driver; iii) make, model and licence plate of the TNC Vehicle; iv) the estimated fare including any surcharge; v) the current location of the TNC Vehicle; (k) provide a link to a passenger to rate or provide comment on the TNC Driver and the TNC Vehicle; (l) provide a process allowing a passenger to accept or refuse the transportation service prior to it commencing; (m) provide a secure payment mechanism; (n) 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) date, time, duration and distance of the transportation service; iii) pick-up location and the destination; iv) the first name of the TNC Driver; (o) not permit a TNC Driver to access the TNC App: i) where the TNC has reasonable belief that the TNC Driver does not meet the TNC Driver requirements set out in this By-law; ii) where the Licence Issuer has notified the TNC that the Town based on an investigation has determined that the TNC Driver does not meet the TNC Driver requirements set out in this By-law; (p) where access to the TNC App has been removed, shall not reinstate access until the Licence Issuer is satisfied the TNC Driver is in compliance with the TNC Driver requirements set out in this By-law; 47 (q) 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; (r) not 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. 2. TNC DRIVER REQUIREMENTS 2.1 A TNC shall: (a) ensure that 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 Licence Issuer of personal information for the purposes of investigating complaints and potential breaches of this By-law; (b) require a TNC Driver to submit when applying for affiliation with the TNC and annually thereafter: i) proof of being at least 18 years of age; ii) proof of either: a) Canadian Citizenship; b) Landed immigrant status; c) a valid work permit to work as a driver issued by the Government of Canada; or d) other documentation substantiating permission to legally work in Canada; iii) a current valid Class A, B, C, D, E, F or G driver's licence issued by the Province of Ontario; iv) a Driver's Abstract dated within sixty (60) days of applying for affiliation with the TNC; v) a Criminal Record Check dated within sixty (60) days of applying for affiliation with the TNC; vi) a copy of the Motor Vehicle ownership; vii) a Safety Standards Certificate dated within sixty (60) days of applying for affiliation with the TNC; ix) is able to communicate to the extent necessary to perform his duties under this By-law; 48 (c) shall not employ or engage a TNC Driver that does not meet the threshold criteria established by the TNC. 3. RECORDS 3.1 A TNC shall create and maintain: (a) in a readily accessible electronic format a list of all TNC Drivers affiliated with the TNC, which list shall include the following: i) the name of the TNC Driver; ii) the year, make, model and Ontario licence plate number of the TNC Vehicle operated by the TNC Driver. 3.2 A TNC shall create and maintain information on all orders and transportation services completed by affiliated TNC Drivers which shall include: (a) date, time and receipt of the order; (b) the name of the TNC Driver and the licence plate number of the TNC Vehicle; (c) pick up location and the destination; (d) distance, date and time the transportation service started and terminated; (e) length of time elapsed between the order and the start of the transportation service; (f) the fare paid for the transportation service. 3.3 A TNC shall create and maintain annual records of the following: (a) the total number of transportation services provided by the TNC; (b) the total number of TNC Drivers providing a transportation services; (c) the total number of TNC Vehicles providing a transportation services. 3.4 A TNC shall create and maintain information for all transportation services that cannot be completed by an affiliated TNC Driver including for transportation services where an accessible vehicle is required. 49 3.5 A TNC shall keep and maintain all records required to be kept under this By-law for a period of two (2) years except motor vehicle insurance coverage records shall be retained for a period of two (2) years after the TNC Driver ceases to be affiliated with the TNC. 4. TNC VEHICLE REQUIREMENTS 4.1 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; (d) be equipped with an extra tire, wheel and jack ready for use or be equipped with a run-flat free tire system or air compressor/tire sealant combination unit; (e) be clean and maintained in a good repair and free from interior damage and exterior body damage; (f) have on display in the interior of the TNC Vehicle a no smoking sign; (g) display in a visible location on the exterior of the TNC Vehicle the TNC Identifier; (h) bears 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; 5 TNC VEHICLE MODEL YEAR RESTRICTIONS 5.1 No motor vehicle with a model year greater than ten (10) years shall be used as a TNC Vehicle. 6 TNC DRIVER REQUIREMENTS 6.1 A TNC Driver shall: (a) carry his Ontario Driver's Licence and Identification Card issued by the TNC with him at all times when operating the TNC Vehicle; (b) only accept a request for transportation services using the TNC App; (c) be civil, behave courteously and refrain from using profanity; 50 (d) offer to assist any passenger when it is evident that the passenger is a need of or could benefit from assistance and follow the direction of the passenger on how best to assist them; (e) shall provide services that are free from discrimination and respect all grounds protected by the Ontario Human Rights Code. 6.2. A TNC Driver shall not: (a) place in, hang on or attach to the TNC Vehicle any luggage or object, in a manner that might obstruct his view; (b) take, consume or have in his possession any alcohol, drugs or intoxicants while he is the driver of the TNC; (c) operate a TNC Vehicle when his ability to perform his duties is impaired by fatigue, illness or otherwise; (d) permit a passenger to stand in the TNC Vehicle while it is in motion; (e) solicit other than through the TNC App; (f) commence the transportation service until the passenger has provided electronic acceptance of the fare; (g) charge the passenger an amount greater than the communicated and accepted fare; (h) accept payment by cash. 6.3 A TNC Driver shall not, with respect to any person being guided or assisted by a service animal: (a) refuse to service a person; (b) refuse to permit a person to enter with the service animal into the TNC Vehicle; or (c) refuse to permit the person and such service animal to remain in the TNC Vehicle by reason only of the presence of such service animal. 6.4 Notwithstanding Section 6.3, a TNC Driver may refuse to service a person with a service animal, where the TNC Driver has an allergy, and has filed with the TNC a certificate from his doctor evidencing that due to the allergy he is unable to provide service to a passenger with a service animal. 51 SCHEDULE 'M' to BY-LAW 2022-038 TARIFF FEES 1. TAXICAB FARES BY DISTANCE The following fares apply to taxicabs: Maximum drop rate $3.55 Maximum rate for each additional kilometer $2.20 WAITING TIME For every minute $0.45* * for a total maximum hourly rate of $27.00 WHEELCHAIR A driver shall not charge a fee for the loading and unloading of a wheelchair, walker or similar device used to assist a person with a disability. Schedule N to By-law 2022-038 (Amended by By-law 2024-074) Fees As per the Fees and Charges By-law currently in effect.