Municipal Code Chapter 725 — Vehicle-for-Hire Licensing
Orillia, Ontario
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Orillia
725.1
February 2024
Licence
Chapter 725
Vehicle-for-Hire Licensing
Chapter Index
Article 1
Short Title
725.1.1
Short Title
Article 2
Scope
725.2.1
Scope
Article 3
Definitions
725.3.1
Applicant - definition
725.3.2
Article of Incorporation - definition
725.3.3
Auxiliary Service - definition
725.3.4
Auxiliary Service Transportation Company - definition
725.3.5
Business - definition
725.3.6
Business address - definition
725.3.7
Call - definition
725.3.8
City - definition
725.3.9
Compensation - definition
725.3.10
Council - definition
725.3.11
Dispatch - definition
725.3.12
Designated Driver Transportation Company - definition
725.3.13
Designated Driver Transportation Company Driver - definition
725.3.14
Electronic cigarette - definition
725.3.15
E-substance - definition
725.3.16
Hail - definition
725.3.17
Highway Traffic Act - definition
Vehicle-For-Hire Licensing
725
Orillia
725.2
February 2024
725.3.18
Licence - definition
725.3.19
Licensee - definition
725.3.20
Manager of Legislative Services - definition
725.3.21
Motor Vehicle - definition
725.3.22
Officer - definition
725.3.23
Operate - TNC Vehicle - definition
725.3.24
Operate - Taxicab - definition
725.3.25
Partnership - definition
725.3.26
Passenger - definition
725.3.27
Person - definition
725.3.28
Person with a disability - definition
725.3.29
Pre-arranged - definition
725.3.30
Prescribed form of identification - definition
725.3.31
Public Vehicle Act - definition
725.3.32
Rate of fare - definition
725.3.33
Safety Standards Certificate - definition
725.3.34
Service animal - definition
725.3.35
Smoke/vape or smoking/vaping - definition
725.3.36
Solicit - definition
725.3.37
Tariff Card - definition
725.3.38
Taxicab - definition
725.3.39
Taxicab Driver's Photo Identification Card - definition
725.3.40
Taxicab Broker - definition
725.3.41
Taxicab Driver - definition
725.3.42
Taxicab Identification Decal - definition
725.3.43
Taxicab meter - definition
725.3.44
Transportation Network Company - definition
725.3.45
TNC Driver - definition
725.3.46
TNC Identification Decal - definition
725.3.47
TNC Platform - definition
725.3.48
TNC Vehicle - definition
Vehicle-For-Hire Licensing
725
Orillia
725.3
February 2024
725.3.49
To provide - definition
725.3.50
Tribunal - definition
725.3.51
Trip - definition
725.3.52
Vehicle-for-hire - definition
725.3.53
Waterpipe - definition
Article 4
General Provisions
725.4.1
Application - in writing
725.4.2
Application - partnership
725.4.3
Licence Fees
725.4.4
Administration Fees
725.4.5
Fees - automatic annual fee increase - effective date
725.4.6
Discrimination - disability
725.4.7
Licence - no vested or property right
725.4.8
Licence - transfer
725.4.9
Licence - alter
725.4.10
Change information - notification
725.4.11
Licence - expiry
725.4.12
Licence - subject to conditions
725.4.13
Conditional licences
725.4.14
Applications - file other information upon request
725.4.15
Incomplete application
725.4.16
Delivery of notice - service
725.4.17
Notice - last known business or residential address
725.4.18
Renewal - procedure - late application fee
Article 5
Refusal, Revocation and Suspension of Licence
725.5.1
Refusal of licence
725.5.2
Refusal of licence - refund
725.5.3
Suspension or revocation - general
Vehicle-For-Hire Licensing
725
Orillia
725.4
February 2024
725.5.4
Suspension - fail to meet administrative requirements
725.5.5
Written notice - refusal, suspension or revocation
725.5.6
Written notice - refusal, suspension or revocation - requirements
725.5.7
Right to appeal
725.5.8
Licensing Appeal Tribunal Chapter applies
725.5.9
Incomplete application - no right to appeal
725.5.10
Content of notice of appeal
725.5.11
Written request - hearing scheduled
725.5.12
Appeal does not suspend decision
725.5.13
Deadline to appeal final
725.5.14
Fulfill outstanding requirements
725.5.15
Licence - revoked or suspended - conduct business - prohibited
Article 6
Transportation Network Company Requirements
725.6.1
Licence requirement - TNC
725.6.2
Application - TNC Licence - General requirements
725.6.3
TNC Licence Application Requirements - Renewal
725.6.4
Insurance Requirements related to TNC
725.6.5
TNC Requirements - Information to Passengers
725.6.6
TNC Requirements - Data Collection Records
725.6.7
TNC - duties - general requirements
Article 7
Transportation Network Company Driver Requirements
725.7.1
Applicant - TNC Driver - general requirements
725.7.2
TNC Driver - duties
Article 8
Transportation Network Company Vehicle Requirements
725.8.1
Application - TNC Vehicle - general requirements
725.8.2
Insurance requirements related to TNC Vehicles and Drivers
725.8.3
TNC Requirements related to TNC Vehicle
Vehicle-For-Hire Licensing
725
Orillia
725.5
February 2024
725.8.4
TNC Driver Requirements related to TNC Vehicle
725.8.5
TNC held liable
Article 9
Taxicab Broker Requirements
725.9.1
Licence required - Taxicab Broker
725.9.2
Application - Taxicab Broker - general requirements
725.9.3
Taxicab Broker Licence Application Requirements - Renewal
725.9.4
Insurance requirements related to Taxicab Broker
725.9.5
Taxicab Broker Requirements - Data Collection Records
725.9.6
Taxicab Broker - duties - general requirements
Article 10
Taxicab Driver Requirements
725.10.1
Application - Taxicab Driver - general requirements
725.10.2
Application - Taxicab Driver - passport photograph requirement
725.10.3
Renewal - passport photograph
725.10.4
Taxicab Driver - duties
Article 11
Taxicab Requirements
725.11.1
Application - Taxicab - general requirements
725.11.2
Insurance requirements related to Taxicabs and Taxicab Drivers
725.11.3
Taxicab Broker requirements related to Taxicab
725.11.4
Taxicab ceases to operate - removal - equipment and markings
725.11.5
Taxicab Broker held liable
Article 12
Exemptions
725.12.1
Exemptions
Article 13
Enforcement
725.13.1
Enforcement
Vehicle-For-Hire Licensing
725
Orillia
725.6
February 2024
725.13.2
Entry and inspection
725.13.3
Hinder or Obstruct
725.13.4
Fine - person - for contravention
725.13.5
Fine - corporation - for contravention
725.13.6
Fine - for contravention - part I offence
725.13.7
Court order - prohibited continuation of offence
725.13.8
Rebuttable presumption - identification
Article 14
Interpretation
725.14.1
Words - intention
725.14.2
Headings
725.14.3
Expression of time
725.14.4
Schedules
Article 15
Validity and Severability
725.15.1
Validity and severability
Article 16
Conflicts
725.16.1
Most restrictive - prevail
Article 17
Effective Date
725.17.1
Effective date
Schedules
Schedule "A" - Licence and Administration Fees
Schedule "B" - Threshold - Convictions
____________
Vehicle-For-Hire Licensing
725
Orillia
725.7
February 2024
Article 1
Short Title
725.1.1
Short Title
This Chapter may be cited as the "Vehicle-for-Hire Licensing Chapter." In the text of the
Chapter, it is referred to as "this Chapter."
Article 2
Scope
725.2.1
Scope
This Chapter is limited to the official boundaries of the City of Orillia only.
Article 3
Definitions
725.3.1
Applicant - definition
"applicant" means a person applying for a licence or for the renewal of a licence
pursuant to this Chapter.
725.3.2
Article of Incorporation - definition
"article of incorporation" means documents related to an incorporated business
pursuant to the Business Corporations Act, R.S.O. 1990 c. B.16, or the Corporation Act,
R.S.O. 1990 c. C.38.
725.3.3
Auxiliary Service - definition
"auxiliary service" means a passenger ground transportation service that, in addition to
transportation, provides to a passenger additional support and assistance including at
minimum door-to-door accompaniment.
725.3.4
Auxiliary Service Transportation Company - definition
"Auxiliary Service Transportation Company" means any person that offers, facilitates, or
operates an auxiliary service for compensation, from a point in the City of Orillia to any
point within or beyond the City of Orillia, but shall not include a Taxicab Broker or TNC.
725.3.5
Business - definition
"business" has the same meaning as provided in section 150 of the Municipal Act,
2001, S.O. 2001, c. 25, as amended, or successor legislation.
725.3.6
Business address - definition
"business address" means the place from which the business operates including a
number, street name, municipality and postal code.
Vehicle-For-Hire Licensing
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Orillia
725.8
February 2024
725.3.7
Call - definition
"call" shall include a request or direction for the use of a taxicab, transmitted by radio,
radiophone, or by personal request of the prospective passenger, or in any other
manner.
725.3.8
City - definition
"City" shall mean the Corporation of the City of Orillia.
725.3.9
Compensation - definition
"compensation" includes any rate, remuneration, reimbursement or reward of any kind
paid, payable or promised, or received or demanded, directly or indirectly.
725.3.10
Council - definition
"Council" shall mean the Council of the Corporation of the City of Orillia.
725.3.11
Dispatch - definition
"dispatch" means the act or service of sending or directing a taxicab, by electronic or
any other means, to a person or persons who have requested taxicab service, but does
not include a request made directly to a Taxicab Driver.
725.3.12
Designated Driver Transportation Company - definition
"Designated Driver Transportation Company" means any person that facilitates,
arranges or books a driver when requested, hired or contracted to provide transport of a
customer in his/her own private vehicle for compensation, from a point in the City of
Orillia to any point within or beyond the City of Orillia.
725.3.13
Designated Driver Transportation Company Driver - definition
"Designated Driver Transportation Company Driver" means an individual who is
affiliated with a Designated Driver Transportation Company that has been requested,
hired or contracted to physically drive the customer in their private vehicle for
compensation, from a point in the City of Orillia to any point within or beyond the City of
Orillia.
725.3.14
Electronic cigarette - definition
"electronic cigarette" means a vaporizer or inhalant-type device, whether called an
electronic cigarette or any other name, that produces or is capable of producing, an
aerosol or vapour that may be inhaled by the user of the device.
725.3.15
E-substance - definition
"e-substance" means a substance that is manufactured or sold to be used in an
electronic cigarette, whether or not the substance contains nicotine.
725.3.16
Hail - definition
"hail" means any appeal for a ride by any person using sounds, words, signs, or
gestures directed at a TNC Driver.
Vehicle-For-Hire Licensing
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Orillia
725.9
February 2024
725.3.17
Highway Traffic Act - definition
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H. 8, as amended,
or successor legislation.
725.3.18
Licence - definition
"licence" means a licence issued by the Manager of Legislative Services under this
Chapter.
725.3.19
Licensee - definition
"licensee" means a person holding a licence in accordance with this Chapter.
725.3.20
Manager of Legislative Services - definition
"Manager of Legislative Services" means the City's Manager of Legislative Services, or
designate.
725.3.21
Motor vehicle - definition
"motor vehicle" means a motor vehicle as defined in the Highway Traffic Act.
725.3.22
Officer - definition
"officer" means a Municipal By-law Enforcement Officer, or Police Officer.
725.3.23
Operate - TNC Vehicle - definition
"operate" when used in reference to a TNC Vehicle, means to drive the said vehicle
while it is available to provide or is providing transportation services to any passengers
and includes when the TNC Driver is logged into or otherwise accessing a TNC
Platform, and "operated" and "operation" shall have corresponding meanings.
725.3.24
Operate - Taxicab - definition
"operate" when used in reference to a taxicab, means to drive the said vehicle while it is
available to provide or is providing transportation services to any passengers, and
"operated" and "operation" shall have corresponding meanings.
725.3.25
Partnership - definition
"partnership" means an association of two or more persons to carry on, as co-owners, a
business or other activity.
725.3.26
Passenger - definition
"passenger" means an individual in a vehicle-for-hire other than the driver.
725.3.27
Person - definition
"person" includes an individual, a corporation, a partnership, and an association, and
includes a licensee or an applicant for a licence under this Chapter as the context
requires.
Vehicle-For-Hire Licensing
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Orillia
725.10
February 2024
725.3.28
Person with a disability - definition
"person with a disability" means a person who has a disability as defined in the Human
Rights Code, R.S.O. 1990, chapter H.19, or successor legislation.
725.3.29
Pre-arranged - definition
"pre-arranged" means an electronic request or booking made in advance to request
motor vehicle pick up and drop off or passenger pick-up and drop off services.
725.3.30
Prescribed form of identification - definition
For the purposes of this Chapter, an item of identification is prescribed if it includes a
photograph of the person, states the person's date of birth and reasonably appears to
have been issued by a government or the Liquor Control Board of Ontario.
725.3.31
Public Vehicles Act - definition
"Public Vehicles Act" means the Public Vehicles Act, R.S.O. 1990, c. P. 54, as
amended, or any successor legislation.
725.3.32
Rate or fare - definition
"rate or fare" means the basis or formula used to calculate the rate or fare paid or
charged to a person or persons for transportation provided by a taxicab, or TNC
Vehicle.
725.3.33
Safety Standards Certificate - definition
"Safety Standards Certificate" means a certificate issued pursuant to the Highway
Traffic Act, upon which indicates that a motor vehicle complies with the equipment and
performance standards prescribed therein.
725.3.34
Service animal - definition
"service animal" means an animal trained by a recognized school for service as a guide
dog for the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a
special skills dog for other persons with a disability and includes an animal used in
therapy, registered with a recognized organization for that purpose.
725.3.35 Smoke/vape or smoking/vaping - definition
"smoke/vape" or "smoking/vaping" includes to carry, hold, or inhale or exhale from:
(a)
a lighted, heated, or activated, cigarette, cigar, pipe, waterpipe, electronic
cigarette; or,
(b)
a lighted, heated, or activated device or equipment not described in (a)
that heats, burns, vaporizes, or aerosolizes any tobacco, cannabis, e-
substance, shisha whether or not it contains tobacco, or any other
material, liquid, or any combination thereof.
Vehicle-For-Hire Licensing
725
Orillia
725.11
February 2024
725.3.36
Solicit - definition
"solicit" means an appeal for customers or passengers by way of sound, words, signs or
gestures directed at a person.
725.3.37
Tariff Card - definition
"Tariff Card" means a list of rates or fares established by the Taxicab Broker, including
but not limited to any scheduled price variances.
725.3.38
Taxicab - definition
"taxicab" means a motor vehicle with a seating capacity of not more than nine (9)
including the driver, that is intended to be used or is actually used for hire for the
purpose of transporting a person or persons for compensation from a point in the City to
any point within or beyond the City, but does not include a TNC Vehicle.
725.3.39
Taxicab Driver's Photo Identification Card - definition
"Taxicab Driver's Photo Identification Card" means a card issued by the Manager of
Legislative for display in a taxicab which contains a photograph of the Taxicab Driver.
725.3.40
Taxicab Broker - definition
"Taxicab Broker" means any person that owns, operates, is in charge of, or has control
of the operation of a business that accepts calls, orders and/or dispatches taxicabs,
using his or her own taxicabs and/or taxicabs not owned by that person, but shall not
include a Transportation Network Company.
725.3.41
Taxicab Driver - definition
"Taxicab Driver" means an individual who transports passengers for compensation
using a taxicab.
725.3.42
Taxicab Identification Decal - definition
"Taxicab Identification Decal" means a decal issued by the Taxicab Broker identifying
the vehicle number issued for the taxicab, in a form and size approved by the Manager
of Legislative Services.
725.3.43
Taxicab meter - definition
"taxicab meter" means a measuring device used in a taxicab for registering distances
travelled and computing fares to be paid.
725.3.44
Transportation Network Company - definition
"Transportation Network Company" or "TNC" means any person that offers, facilitates,
or operates transportation services for compensation, from a point in the City of Orillia to
any point within or beyond the City of Orillia, using any TNC Platform to connect
passengers with TNC Drivers, but shall not include a Taxicab Broker.
725.3.45
TNC Driver - definition
"TNC Driver" means an individual who transports passengers for compensation using a
TNC Vehicle.
Vehicle-For-Hire Licensing
725
Orillia
725.12
February 2024
725.3.46
TNC Identification Decal - definition
"TNC Identification Decal" means a decal issued by the TNC displaying a logo or name
of the TNC through which the driver is providing transportation services to passengers,
in a form and size approved by the Manager of Legislative Services.
725.3.47
TNC Platform - definition
"TNC Platform" means any software or application or telecommunications platform or
digital network to connect passengers with TNC Drivers.
725.3.48
TNC Vehicle - definition
"TNC Vehicle" means a motor vehicle with a seating capacity of not more than nine (9)
including the driver that is intended to be used or is actually used for hire for the
purpose of providing transportation services that are offered or facilitated by the TNC.
725.3.49
To provide - definition
"to provide" when used in relation to vehicle-for-hire services includes to furnish,
perform, solicit or give such services and "providing" or "provision" have corresponding
meanings.
725.3.50
Tribunal - definition
"Tribunal" means the City of Orillia Licensing Appeal Tribunal.
725.3.51
Trip - definition
"trip" means the distance and time travelled measured from the time and location at
which the passenger first enters the vehicle-for-hire until the time the passenger exits
from the vehicle-for-hire at the final destination.
725.3.52
Vehicle-for-hire - definition
"vehicle-for-hire" means a motor vehicle that is used by a person to offer, facilitate or
operate a transportation service of a passenger for compensation, and may include a
taxicab, or TNC Vehicle.
725.3.53
Waterpipe - definition
"waterpipe" means a device, whether called a waterpipe, hookah, or any other name, that
produces or is capable of producing, smoke or vapour which may pass through liquid
prior to being inhaled by a user or users of the device.
Article 4
General Provisions
725.4.1
Application - in writing
Every application for a licence shall be made in writing on a form or forms provided by
the Manager of Legislative Services and the required fee shall be deposited at the time
of application.
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Orillia
725.13
February 2024
725.4.2
Application - partnership
Where two or more persons carry on or engage in partnership in any of the businesses
required to be licensed under this Chapter, the licence shall be issued in the name of
one partner only, but when the application for licence is made, the name and address of
each member of the partnership shall be set out therein as well as the name under
which they carry on or intend to carry on business.
725.4.3
Licence Fees
The licence fee for each licence required shall be set out in Schedule "A" to this
Chapter. The fee for each licence shall not be pro-rated.
725.4.4
Administration Fees
An administration fee as set out in Schedule "A" to this Chapter will apply to the
following:
Duplicate licences
(a)
In the event that a licence issued under this Chapter is lost or destroyed,
the Manager of Legislative Services upon satisfactory proof of such loss or
destruction, and upon payment of a replacement fee, the Manager of
Legislative Services shall issue a duplicate of the original licence, upon
which shall be stamped or marked the word "DUPLICATE".
Change of Name
(b)
Where ownership of a business is not changed or affected but such the
operating name of a business changes, the licensee shall immediately
notify the Manager of Legislative Services and upon payment of a fee and
being satisfied that there have been no other changes in the
circumstances of the licensed business, the Manager of Legislative
Services may issue a replacement of the original licence. The licensee
shall return and surrender his or her licence in order to affect such a
change.
Change of Ownership
(c)
Every licensee shall, upon change of ownership of the licensed business
return and surrender his current licence to the Manager of Legislative
Services. The new owner shall make application for a new licence under
this Chapter.
Change of Premise or Location
(d)
Where a currently licensed business changes location or premise, such
new location or premise shall not be deemed to be licensed. The applicant
must immediately make application for a new licence under this Chapter
and shall surrender to the Manager of Legislative Services the licence
issued in respect of his previous location or premise.
Vehicle-For-Hire Licensing
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Orillia
725.14
February 2024
725.4.5
Fees - automatic annual fee increase - effective date
Licensing and Administrative fees will be subject to an automatic 2% increase rounded
to the nearest dollar effective January 1 of each year.
725.4.6
Discrimination - disability
No person licensed or operating a vehicle-for-hire pursuant to this Chapter shall in
respect to any person with a disability:
(a)
charge a higher fare or an additional fee for persons with disabilities than
for persons without disabilities for the same trip;
(b)
charge a fee for the storage of mobility aids or mobility assistive devices
by reason only of the presence of such a disability.
725.4.7
Licence - no vested or property right
No person shall enjoy a vested or property right in any licence or the continuance of any
licence and such licence and such rights shall remain the property of the City.
725.4.8
Licence - transfer
No licence is transferable unless a transfer is specifically provided for in this Chapter.
725.4.9
Licence - alter
No person shall alter, erase or modify a licence or permit the alteration, erasure or
modification of a licence.
725.4.10
Change information - notification
Every licensee shall notify the Manager of Legislative Services in writing within five (5)
days of the happening of any of the following events:
(a)
any change in the licensee's name, address or telephone number;
(b)
sale, transfer or termination of the business;
(c)
retirement;
(d)
in the situation where the licensee provided the name and address of his
or her business affiliate or employer, any change in the named business
affiliate or employer; and
(e)
where the licensee is a corporation, any change in the location of the
corporate head office, or change of ownership of shares.
725.4.11
Licence - expiry
Every licence issued pursuant to this Chapter, unless sooner revoked shall expire on
the 31st day of January after the date of issue.
Vehicle-For-Hire Licensing
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Orillia
725.15
February 2024
725.4.12
Licence - subject to conditions
In addition to any other powers conferred on the Manager of Legislative Services
pursuant to this Chapter, the Manager of Legislative Services is authorized to impose
any condition on a licence to be issued or renewed under this Chapter as he or she
deems necessary to ensure the safety of public or of property, or for consumer
protection.
725.4.13
Conditional licences
Every licensee shall comply with every condition imposed upon the licence.
725.4.14
Applications - file other information upon request
In addition to the specific application submission requirements set out in this Chapter,
every applicant or licensee on request of the Manager of Legislative Services shall file
such information and material as the Manager of Legislative Services may deem
necessary.
725.4.15
Incomplete application
Where an applicant has failed to provide any fee or document required under this
Chapter for the issuance or renewal of a licence, the application shall be considered
incomplete. If the application remains incomplete after thirty (30) days from the date the
application was submitted, the Manager of Legislative Services may issue a Notice of
Incomplete Application and close the file.
725.4.16
Delivery of notice - service
Any written notice given under this Chapter shall be deemed to be received on the
receipt date which is one of the following:
(a)
in the case of mailed documents, five (5) days following the mailing as
determined from the post mark;
(b)
in the case of personal delivery, email or faxed document, the day of
delivery; and
(c)
where more than one method of delivery is used, the operative receipt
date for the calculation of the time for an appeal is the latest of the
possible receipt dates.
725.4.17
Notice - last known business or residential address
Where any written notice is mailed under this Chapter, it is sufficient to use the
applicant's or licensee's last known business or residential address.
725.4.18
Renewal - procedure - late application fee
Every licensee shall reapply as set out in this Chapter at least fourteen (14) days prior
to the expiry of the said licence by filling out the appropriate application form or forms.
Notwithstanding any licence fee to be paid by any applicant as set out in Schedule "A"
to this Chapter, a late application fee as set out in Schedule "A" shall apply to any
Vehicle-For-Hire Licensing
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Orillia
725.16
February 2024
application received by the City after the due date established for obtaining such
licence. Incomplete applications shall be considered not to have been received and may
be returned to the applicant or held pending further information. In any case where the
application remains incomplete after the date established for obtaining such licence, the
late application fee shall apply.
Article 5
Refusal, Revocation and Suspension of Licence
725.5.1
Refusal of licence
The Manager of Legislative Services shall refuse to grant a licence under this Chapter
to any person if:
(a)
any application or other document provided to the City by or on behalf of
the applicant contains a false statement or provides false information;
(b)
the applicant has failed to comply with the requirements of this Chapter or
other applicable By-laws of the City or of any Local Board thereof, or of
any Statute, Order-in-Council, or Regulation of the Provincial Legislature
or the Parliament of Canada, or of any Agency, Board of Commission
thereof, in, upon or in connection with the applied for licensed activity of
the business or premise, facilities, equipment, vehicles and other property
used or kept for hire in connection with the licensed activity;
(c)
the Manager of Legislative Services believes that the issuing of the licence
would be contrary to the public interest; or
(d)
the applicant has any fine imposed under the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended, or successor legislation, that is in
default for the contravention of any provision of this Chapter or any other
City of Orillia By-law or Provincial Statute where such fine is associated
with an offence that occurred in the City of Orillia and arising out of the
conduct, operation or activity within or in conjunction with such business.
725.5.2
Refusal of licence - refund
Where the Manager of Legislative Services has refused to grant a business licence to
an applicant, the business licence application fee less an administrative fee as set out in
Schedule "A" of this Chapter shall be refunded to the applicant.
725.5.3
Suspension or revocation - general
The Manager of Legislative Services shall suspend or revoke a licence for any one or
more of the grounds listed in Section 725.5.1.
725.5.4
Suspension - fail to meet administrative requirements
Notwithstanding any other provision of this Chapter, the Manager of Legislative
Services may suspend a licence where the licensee has failed to meet the
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administrative requirements upon which the licence is issued, until such time as the
requirements of this Chapter are met. The Manager of Legislative Services shall
reinstate any licence which has been suspended, upon satisfactory proof that the
administrative requirements of this Chapter have been met.
725.5.5
Written notice - refusal, suspension or revocation
After a decision is made by the Manager of Legislative Services to refuse, suspend
or revoke a licence, written notice of that decision shall be given forthwith to the
applicant or licensee.
725.5.6
Written notice - refusal, suspension or revocation - requirements
The written notice to be given under Section 725.5.5 shall:
(a)
set out the grounds for the decision;
(b)
give reasonable particulars of the grounds for the decision;
(c)
be signed by the Manager of Legislative Services; and
(d)
state that the applicant or licensee is entitled to a hearing by the Tribunal if
the applicant or licensee delivers to the City Clerk within fifteen (15) days
after the notice is served, a notice in writing that adheres with Section
725.5.10, requesting a hearing by the Tribunal accompanied by the
appropriate fee as set out in Schedule "A" of this Chapter.
725.5.7
Right to appeal
The applicant or licensee may appeal the Manager of Legislative Services'
decision to refuse, suspend, revoke or to impose any condition on a licence to the
Tribunal by filing a written notice of appeal with the City Clerk, within fifteen (15) days
following the receipt of written notice of the Manager of Legislative Services' decision.
725.5.8
Licensing Appeal Tribunal Chapter applies
The provisions of Chapter 117 of the Municipal Code - Licensing Appeal Tribunal
Chapter apply to any appeal that is made under this article.
725.5.9
Incomplete application - no right to appeal
The issuance of a Notice of Incomplete Application is not a statutory power of
decision and is not subject to appeal to the Tribunal.
725.5.10
Content of notice of appeal
Where an applicant or licensee requests a hearing before the Tribunal, the notice of
appeal shall be in writing to the City Clerk and shall include:
(a)
the original signature of the applicant, or representative;
(b)
the reasons in support of the appeal;
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(c)
the applicant's address, telephone number and, where available, fax
number;
(d)
the name, address, and telephone number of any agent, representative, or
lawyer representing the applicant.
725.5.11
Written request - hearing scheduled
On receipt of a written request for a hearing from the applicant or licensee, the City
Clerk, through the Tribunal Coordinator shall schedule a hearing of the Tribunal and
give reasonable notice of the date, time, and place of the hearing in accordance
with Chapter 117 of the Municipal Code - Licensing Appeal Tribunal Chapter.
725.5.12
Appeal does not suspend decision
The filing of an appeal does not operate to suspend the Manager of Legislative
Services' decision.
725.5.13
Deadline to appeal final
The decision of the Manager of Legislative Services shall be final if the City Clerk
does not receive an appeal by the 15th day following the receipt date of the written
notice of the Manager of Legislative Services' decision. A notice of appeal is
ineffectual to create a right to a hearing unless it is received by the City Clerk on or
before the appeal deadline.
725.5.14
Fulfill outstanding requirements
Where the Tribunal has ordered that a licence be granted, reinstated, a suspension
to a licence ended or a change to the condition(s) of a licence, the applicant or
licensee shall fulfill any outstanding requirements for the licence under this Chapter.
725.5.15
Licence - revoked or suspended - conduct business - prohibited
No person shall engage in, or continue to conduct, or permit any person to engage in or
continue to conduct a business for which a licence is required under this Chapter while
such licence is suspended or revoked under this Chapter.
Article 6
Transportation Network Company Requirements
725.6.1
Licence required - TNC
No person shall own or operate, or permit the operation of a TNC within the City without
first having obtained a licence to do so, and herein referred to as a "TNC Licence."
725.6.2
Application - TNC Licence - general requirements
Every TNC shall provide to the Manager of Legislative Services at the time of
application:
(a)
a completed application using the form or forms required by the Manager
of Legislative Services for a TNC Licence, that is signed by the applicant,
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or where the application is from a partnership or corporation respectively,
signed by a partner or the president or other authorized signing officer of
the corporation;
(b)
payment of the applicable licensing fee as set out in Schedule "A" to this
Chapter;
(c)
proof of the insurance required under this Article to the satisfaction of the
Manager of Legislative Services;
(d)
an indemnity in a form satisfactory to the City, to indemnify and save
harmless the City of Orillia, its employees and agents from any and all
claims, demands, causes or action costs or damages howsoever caused
that the City may suffer, incur or be liable for resulting from the issuance of
a licence under this Chapter or from the performance or non-performance
of the TNC under this Chapter whether or not such performance or non-
performance arises with or without negligence on the part of the TNC, its
employees, directors or agents;
(e)
a statement signed by the applicant confirming that he or she does not
have any fine imposed under the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended, or successor legislation, that is in default for the
contravention of any provision of this Chapter or any other City of Orillia
By-law or Provincial Statute where such fine is associated with an offence
that occurred in the City of Orillia and arising out of the conduct, operation
or activity within or in conjunction with such business;
(f)
if the applicant is an individual, proof that the applicant is at least eighteen
(18) years of age;
(g)
if the applicant is a corporation, proof that the corporation is legally entitled
to conduct business in Ontario, including but not limited to:
(i)
Article of Incorporation or other incorporating documents, duly
certified by the proper government official or department of the
Province of Ontario or of the Government of Canada;
(h)
if the applicant is a partnership, the names and addresses of each
member of the partnership, as well as the name under which the
partnership intends to carry on business and proof of the business name
registration;
(i)
the address and contact information of the TNC's registered business
address in the Province of Ontario, which is not a post office box, to which
the City may send during business hours any notice or documentation or
communication that may be required under this Chapter and at which the
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applicant or the applicant's agent will accept receipt of such notice,
documentation or communication together with 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 City relating
to the TNC's licence or the TNC's conduct of the business;
(j)
a copy of the proposed TNC Identification Decal;
(k)
a list of all persons operating as a TNC Driver and affiliated with the TNC.
Such list shall include the name, address and phone number for each
individual;
(l)
a list of all vehicles operating as TNC Vehicles by TNC drivers affiliated
with the TNC. Such list shall include the licence plate number, make and
model of the vehicle, and the unique identifier issued to each vehicle by
the TNC.
725.6.3
TNC Licence Application Requirements - Renewal
Every TNC at the time of application for a renewal of a TNC Licence shall not be
required to submit the documentation stipulated in Section 725.6.2(g)(i) and (j), unless
requested by the Manager of Legislative Services to do so.
725.6.4
Insurance Requirements related to TNC
Every TNC shall obtain and maintain while licensed under this Chapter the following
minimum insurance requirements:
(a)
Commercial General Liability insurance subject to limits of not less than
Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily
injury, death and damage to property including loss of use, that includes:
(i)
blanket contractual liability; premises, property and operations
liability; and
(ii)
cross liability and severability of interest provision.
(b)
such Commercial General Liability policy shall be in the name of the TNC
and the City of Orillia shall be named or included as an additional insured;
(c)
Non-Owned Automobile Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence; and
(d)
the insurance required under subsections (a) and (c) shall contain an
endorsement to provide the City of Orillia no less than thirty (30) days prior
written notice, from the insurer, of any cancellation.
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725.6.5
TNC Requirements - Information to Passengers
Every TNC shall ensure the TNC Platform used:
(a)
at the time the transportation service is arranged, provides the passenger
requesting the transportation service:
(i)
the TNC name and contact information;
(ii)
the first name and photograph of the TNC Driver;
(iii) the make, model and licence plate number of the TNC Vehicle;
(iv) the estimated cost of a requested trip based on the destination; and
(v)
the current location of the TNC Vehicle.
(b)
provides a link to rate or provide comment of the TNC Driver and TNC
Vehicle;
(c)
provides a process allowing the passenger to accept or refuse the
transportation service prior to it commencing and to keep a record of such
acceptance or refusal;
(d)
provides an electronic receipt to the passenger at the end of the
transportation service that includes information confirming:
(i)
total rate or fare paid inclusive of Harmonized Sales Tax;
(ii)
date and time of pickup;
(iii) total duration and distance of trip;
(iv) the starting and ending locations of the trip; and
(v)
the first name of the TNC Driver.
725.6.6
TNC Requirements - Data Collection Records
1.
Every TNC shall keep an up-to-date list of every affiliated TNC Driver and
TNC Vehicle that includes:
(a)
the full name, address, and phone number of every TNC Driver;
and
(b)
the make, model and licence plate number of every TNC Vehicle,
and the unique identifier issued to each vehicle by the TNC.
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2.
Every TNC shall create and maintain records of the following information:
(a)
the total number of transportation services provided by the TNC,
annually;
(b)
the total number of TNC Drivers providing a transportation service,
annually;
(c)
the total number of TNC Vehicles providing a transportation
service, annually;
(d)
the TNC Driver and TNC Vehicle information corresponding with
each requested transportation service, including:
(i)
the full name of the TNC Driver;
(ii)
the licence plate number of the TNC Vehicle;
(iii)
the date, time and duration of the transportation service;
(iv)
the location where the passenger was picked up and
dropped off.
3.
Every TNC shall retain the records required under Sections 725.6.6(1) and
725.6.6(2), and Articles 7 and 8 for at least two (2) years. Notwithstanding
the foregoing, the information required under Sections 725.6.5(d)(ii)(iii)(iv)
and 725.6.6(2)(d)(iii)(iv), shall not be required to be retained if the
passenger has requested deletion of that information.
4.
Every TNC shall make the records referenced in Section 725.6.6(3)
available electronically to an Officer for investigative or audit purposes
within thirty (30) days of the receipt of the request by the Officer, or within
forty-eight (48) hours if otherwise specifically requested by an Officer.
725.6.7
TNC - duties - general requirements
Every TNC shall:
(a)
pay the appropriate fee increase corresponding with the appropriate
category as set out in Schedule "A" when the number of drivers and
vehicles increase to a different category;
(b)
ensure that the TNC Identification Decal adheres to the following
requirements at all times when the TNC Vehicle is available to provide or
is providing transportation services to passengers:
(i) displays a logo or name of the TNC through which the driver is
providing transportation services to passengers;
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(ii) has a glare-free surface; and
(iii) be consistently shaped and coloured using text that is high colour
contrasted with its background and has the appearance of solid
characters;
(c)
ensure that every driver of a TNC Vehicle is informed of the provisions of
this Chapter;
(d)
ensure that every driver of a TNC Vehicle is the holder of an Ontario
Driver's Licence with a minimum Class G designation, or other provincial
equivalent, and that such licence is valid at all times which such driver is
engaged in operating any TNC Vehicle affiliated with the licensee;
(e)
not permit, encourage or condone, the acceptance of hails or the
solicitation of passengers by TNC Drivers whether on the street or in any
manner or any other location;
(f)
not permit any TNC Driver to provide transportation services to
passengers unless the driver consents to personal information being
submitted to the Manager of Legislatives or designate for the purpose of
auditing compliance with this Chapter;
(g)
ensure that a TNC Driver has no access to the relevant TNC Platform in
any of the following circumstances:
(i)
if the TNC Driver has not provided to the TNC a valid Ontario
Driver's Licence with a minimum Class G designation, or other
provincial equivalent;
(ii)
if the TNC Driver has not provided proof that they are at least
eighteen (18) years of age;
(iii)
if the TNC has not received a driver's abstract, as required by this
Chapter;
(iv)
if the TNC has not received a criminal record check, or vulnerable
sector screening certificate where applicable, as required by this
Chapter;
(v)
if a criminal record check, or vulnerable sector screening
certificate where applicable, shows that the TNC Driver has any
conviction or record suspension as set out in Schedule "B" of this
Chapter;
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(vi)
to receive a requested trip in respect of a particular vehicle unless
the TNC Driver has provided to the TNC, as to that vehicle, the
Safety Standards Certificate as required by this Chapter;
(vii)
to receive a requested trip in respect of a particular vehicle unless
the TNC Driver has provided to the TNC, as to that vehicle, a
motor vehicle permit showing that the TNC Vehicle is no more
than ten (10) model years old, excluding the model year of the
vehicle as reported on the vehicle's motor vehicle permit issued
pursuant to the Highway Traffic Act;
(viii)
if the Manager of Legislative Services has informed the TNC that
he or she has reasonable grounds to believe that a TNC Driver or
a TNC Vehicle presents a risk to public safety; or
(ix)
if the Manager of Legislative Services has informed the TNC that
the TNC Driver has any fine imposed under the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended, or successor
legislation, that is in default for the contravention of any provision
of this Chapter or any other City of Orillia By-law or Provincial
Statute where such fine is associated with an offence that
occurred in the City of Orillia and arising out of the conduct,
operation or activity within or in conjunction with such business.
Article 7
Transportation Network Company Driver Requirements
725.7.1
Applicant - TNC Driver - general requirements
Every TNC shall ensure that every TNC Driver has submitted to the TNC prior to
commencement as a TNC Driver and every twelve (12) months thereafter:
(a)
a copy of a valid Ontario Driver's Licence with a minimum Class G
designation, or other provincial equivalent;
(b)
proof that the person is at least eighteen (18) years of age;
(c)
a copy of a driving record abstract dated within twelve (12) months. For
greater certainty, the driving record abstract required to be submitted
every twelve (12) months thereafter shall be dated no more than twelve
(12) months from the date the prior check was completed by the Ministry
of Transportation or other provincial equivalent; and
(d)
a copy of a criminal record check from a Police enforcement agency or
other duly appointed agency, outlining that the person does not have any
conviction as set out in Schedule "B", and dated within twelve (12)
months. For greater certainty, the criminal record check required to be
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submitted every twelve (12) months thereafter shall be dated no more
than twelve (12) months from the date the prior check was completed by
the Police enforcement agency or other duly appointed agency.
725.7.2
TNC Driver - duties
Every TNC Driver shall:
(a)
operate a TNC Vehicle solely in association with a TNC licensed under
this Chapter;
(b)
be familiar with the provisions of this Chapter;
(c)
immediately report any suspension of his Ontario Driver's Licence, or
other provincial equivalent, to the TNC;
(d)
ensure that any TNC Vehicle operated on behalf of the TNC meets the
standards required for the issue of a Safety Standards Certificate at all
times;
(e)
provide the TNC with a new digital photograph of himself or herself to be
used when operating a TNC Vehicle if the original photograph provided to
the TNC does not have a reasonable likeness and/or clear image of
himself or herself because of physical changes to the appearance of
himself or herself, the passage of time, the poor quality of the photography
or the deterioration of the photograph;
(f)
while in charge of a TNC Vehicle:
(i)
produce their Ontario driver's licence or other provincial equivalent,
the vehicle's motor vehicle permit issued pursuant to the Highway
Traffic Act, valid insurance that meets the requirements of this
Chapter, and evidence that they are operating pursuant to a TNC
Platform immediately upon request of any Officer;
(ii)
ensure that the TNC Identification Decal adheres to the following
requirements:
1.
displays a logo or name of the TNC through which the driver is
providing transportation services to passengers;
2.
located in the rear windshield, on the passenger side, of each
TNC Vehicle;
3.
visible from the exterior and unobstructed;
4.
has a glare-free surface;
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5.
be positioned to avoid shadow areas and glare; and
6.
be consistently shaped and coloured using text that is high
colour contrasted with its background and has the appearance
of solid characters.
(iii)
not solicit any person to take or use the TNC Vehicle he or she is
driving;
(iv)
not accept requests for transportation services that are not pre-
arranged using the TNC Platform of which the TNC Driver is
affiliated including hails, whether on the street or in any manner or
any other location;
(v)
not take, consume or have in his or her possession any intoxicant;
(vi)
not employ or permit any runner or other person to assist or act in
concert with him or her in obtaining any passenger;
(vii)
not carry a greater number of passengers than is set out in the
manufacturer's rating for the TNC Vehicle;
(viii)
not take on any additional passenger(s), except with permission of
the passengers already in the TNC Vehicle;
(ix)
not operate a TNC Vehicle unless the vehicle is not more than ten
(10) model years old, excluding the model year of the vehicle as
reported on the vehicle's motor vehicle permit issued pursuant to the
Highway Traffic Act;
(x)
not smoke/vape or permit any passenger to smoke/vape in the TNC
Vehicle;
(xi)
not refuse to serve a person with a disability or fail to permit a
service animal to enter the TNC Vehicle;
Article 8
Transportation Network Company Vehicle Requirements
725.8.1
Application - TNC Vehicle - general requirements
Every TNC shall ensure that every TNC Driver has submitted to the TNC prior to
commencement as a TNC Driver, and every twelve (12) months thereafter or as
otherwise required by this Chapter:
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(a)
proof that the TNC Vehicle is no more than ten (10) model years old,
excluding the model year of the vehicle as reported on the vehicle's motor
vehicle permit issued pursuant to the Highway Traffic Act;
(b)
a copy of a valid motor vehicle permit issued pursuant to the Highway
Traffic Act for each vehicle operating on behalf of the TNC; and
(c)
a copy of a valid Safety Standards Certificate issued within the previous
thirty-six (36) days for each vehicle operating on behalf of the TNC.
725.8.2 Insurance requirements related to TNC Vehicles and Drivers
1.
Every TNC shall ensure that the TNC Driver, the TNC on behalf of the
TNC Driver, or some combination of both, obtains and maintains
automobile liability insurance for TNC Vehicles, with the following limits:
(a)
During the period of time the TNC Driver is logged on to the TNC
Platform, but is not engaged in a prearranged ride, not less than
one million dollars ($1,000,000) combined single limit for bodily
injury, death, and property damage; and
(b)
During the period of time the TNC Driver is logged on to the TNC
Platform and engaged in a prearranged ride, not less than two
million dollars ($2,000,000.00) combined single limit for bodily
injury, death, and damage to property.
2.
The insurance coverage required under Section 725.8.2(1) shall include a
provision whereby the City of Orillia will be provided with no less than
thirty (30) days prior notice of any cancellation to the policy.
3.
Every TNC shall make available to the public a summary of the insurance
coverage maintained to satisfy this section.
725.8.3
TNC Requirements related to TNC Vehicle
Every TNC shall:
(a)
ensure that each TNC Vehicle is no more than ten (10) model years old,
excluding the model year of the vehicle as reported on the vehicle's motor
vehicle permit issued pursuant to the Highway Traffic Act;
(b)
ensure that each TNC Vehicle is the subject of a valid Safety Standards
Certificate issued within the previous thirty-six (36) days, prior to
commencement of use as a TNC Vehicle, and then every twelve (12)
months thereafter.
(c)
ensure that each TNC Vehicle is submitted for vehicle safety inspection by
or on behalf of the TNC Driver, at any time as required by the Manager of
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Legislative Services, and shall file with the Manager of Legislative
Services a copy of a valid Safety Standards Certificate issued within the
previous thirty-six (36) days for each vehicle affiliated with the company as
required by the Manager of Legislative Services. The Manager of
Legislative Services may require any TNC Vehicle to be re-examined by a
mechanic of the Manager of Legislative Services' choice;
(d)
where the Manager of Legislative Services requires a TNC Vehicle to be
examined or inspected, not permit the vehicle to be operated as a TNC
Vehicle until it has passed such examination or inspection to the
satisfaction of the Manager of Legislative Services; and
(e)
advise the Manager of Legislative Services of any change in any licence
plate issued by the Ministry of Transportation at the time of application for
a renewal of a TNC Licence.
725.8.4
TNC Driver Requirements related to TNC Vehicle
Every TNC Driver shall:
(a)
advise the TNC within fourteen (14) days of any change in any licence
plate issued by the Ministry of Transportation;
(b)
submit each TNC Vehicle for vehicle safety inspection at his or her
expense, at any time as required by the Manager of Legislative Services,
and shall file with the Manager of Legislative Services a copy of a valid
Safety Standards Certificate issued within the previous thirty-six (36) days
for each vehicle operated on behalf of the company as required by the
Manager of Legislative Services. The Manager of Legislative Services
may require any TNC Vehicle to be re-examined by a mechanic of the
Manager of Legislative Services' choice;
(c)
where the Manager of Legislative Services requires a TNC Vehicle to be
examined or inspected, not operate or permit to be operated the vehicle
as a TNC Vehicle until it has passed such examination or inspection to the
satisfaction of the Manager of Legislative Services.
725.8.5
TNC held liable
The TNC shall be held liable for any violations found or misconduct done so by any
TNC Driver or TNC Vehicle, to any provision of this Chapter and may result in the
suspension, revocation or denial of the TNC Licence.
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Article 9
Taxicab Broker Requirements
725.9.1
Licence required - Taxicab Broker
No person shall act as or hold oneself out to be a Taxicab Broker within the City without
first having obtained a licence to do so, and herein referred to as a "Taxicab Broker's
Licence."
725.9.2
Application - Taxicab Broker - general requirements
Every applicant for a Taxicab Broker's Licence shall file with the Manager of Legislative
Services, at the time of application:
(a)
a completed application using the form or forms required by the Manager
of Legislative Services for a Taxicab Broker's Licence, that is signed by
the applicant, or where the application is from a partnership or corporation
respectively, signed by a partner or the president or other authorized
signing officer of the corporation;
(b)
payment of the applicable licensing fee as set out in Schedule "A" to this
Chapter;
(c)
proof of the insurance required under this Article to the satisfaction of the
Manager of Legislative Services;
(d)
an indemnity in a form satisfactory to the City, to indemnify and save
harmless the City of Orillia, its employees and agents from any and all
claims, demands, causes or action costs or damages howsoever caused
that the City may suffer, incur or be liable for resulting from the issuance of
a licence under this Chapter or from the performance or non-performance
of the Taxicab Broker under this Chapter whether or not such performance
or non-performance arises with or without negligence on the part of the
Taxicab Broker, its employees, directors or agents;
(e)
a statement signed by the applicant confirming that he or she does not
have any fine imposed under the Provincial Offences Act, R.S.O. 1990, c.
P. 33, as amended, or successor legislation, that is in default for the
contravention of any provision of this Chapter or any other City of Orillia
By-law or Provincial Statute where such fine is associated with an offence
that occurred in the City of Orillia and arising out of the conduct, operation
or activity within or in conjunction with such business;
(f)
if the applicant is an individual, proof that the applicant is at least eighteen
(18) years of age;
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(g)
if the applicant is a corporation, proof that the corporation is legally entitled
to conduct business in Ontario, including but not limited to:
(i)
Article of Incorporation or other incorporating documents, duly
certified by the proper government official or department of the
Province of Ontario or of the Government of Canada;
(h)
if the applicant is a partnership, the names and addresses of each
member of the partnership, as well as the name under which the
partnership intends to carry on business and proof of the business name
registration;
(i)
the address and contact information of the Taxicab Broker's registered
business address in the Province of Ontario, which is not a post office box,
to which the City may send during business hours any notice or
documentation or communication that may be required under this Chapter
and at which the applicant or the applicant's agent will accept receipt of
such notice, documentation or communication together with the name,
telephone, and email contact information for the person authorized to
receive and respond on behalf of the broker to any and all
communications from the City relating to the Taxicab Broker's licence or
conduct of the business;
(j)
a copy of a proposed Taxicab Identification Decal and Tariff Card;
(k)
a list of all persons operating as a Taxicab Driver on behalf of the Taxicab
Broker. Such list shall include the name, address and phone number for
each individual;
(l)
a list of all taxicabs owned or operated on behalf of the Taxicab Broker.
Such list shall include the licence plate number, make and model of the
vehicle, and the number of the Taxicab Identification Decal.
725.9.3
Taxicab Broker Licence Application Requirements - Renewal
Every Taxicab Broker at the time of application for a renewal of a Taxicab Broker
Licence shall not be required to submit the documentation stipulated in Section
725.9.2(g)(i) and (j), unless requested by the Manager of Legislative Services to do so.
725.9.4
Insurance requirements related to Taxicab Broker
Every Taxicab Broker shall obtain and maintain while licensed under this Chapter the
following minimum insurance requirements:
(a)
Commercial General Liability insurance subject to limits of not less than
Five Million Dollars ($5,000,000.00) inclusive per occurrence for bodily
injury, death and damage to property including loss of use, that includes:
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(i)
blanket contractual liability; premises, property and operations
liability;
(ii)
products and completed operations liability; and
(iii)
cross liability and severability of interest provision.
(b)
such Commercial General Liability policy shall be in the name of the
Taxicab Broker and the City of Orillia shall be named or included as an
additional insured;
(c)
Non-Owned Automobile Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence; and,
(d)
an endorsement to provide the City of Orillia no less than thirty (30) days
prior written notice, from the insurer, of any cancellation.
725.9.5
Taxicab Broker Requirements - Data Collection Records
1.
Every Taxicab Broker shall keep an up-to-date list of every Taxicab Driver
and taxicab that includes:
(a)
the full name, address, and phone number of every Taxicab Driver;
and
(b)
the make, model and licence plate of every Taxicab, and the
number of the Taxicab Identification Decal.
2.
Every Taxicab Broker shall retain the records required under Sections
725.9.5(1) and Articles 10 and 11 for at least two (2) years.
Notwithstanding the foregoing, the information required under Sections
725.10.4(xvii)(2)(3)(4), shall not be required to be retained if the
passenger has requested deletion of that information.
3.
Every Taxicab Broker shall make the records referenced in Section
725.9.5(2) available in paper or electronic format to an Officer for
investigative or audit purposes within thirty (30) days of the receipt of the
request by the Officer, or within forty-eight (48) hours if otherwise
specifically requested by an Officer.
725.9.6
Taxicab Broker - duties - general requirements
Every Taxicab Broker shall:
(a)
pay the appropriate fee increase corresponding with the appropriate
category as set out in Schedule "A" when the number of drivers and
vehicles increase to a different category;
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(b)
ensure that the Tariff Card, and Taxicab Identification Decal adhere to the
following requirements when the taxicab is available to provide or is
providing transportation services to passengers:
(i)
remain unobstructed;
(ii)
has a glare-free surface;
(iii)
be positioned to avoid shadow areas and glare;
(iv)
be consistently shaped and coloured using text that is high colour
contrasted with its background and has the appearance of solid
characters;
(c)
ensure that all rates or fares including any scheduled price variance, is
prominently displayed in characters of at least 0.5 centimetres in height
and in Arial font on the sun visor or dashboard of each taxicab owned or
operated on behalf of the Taxicab Broker so that it is readable by any
passenger situated inside the vehicle when the taxicab is available to
provide or is providing transportation services to any passenger, or
available through an electronic format to every customer prior to
commencement of any conveyance in a transparent fashion;
(d)
ensure that a Taxicab Identification Decal is prominently displayed on a
passenger side door, a driver's side door and the rear of each taxicab
owned or operated on behalf of the Taxicab Broker, and that each decal
prominently displays in characters of at least 10 centimetres in height and
in Arial font, the number of the Taxicab Identification Decal;
(e)
ensure that every driver of a taxicab is informed of the provisions of this
Chapter;
(f)
ensure that every driver of a taxicab is the holder of an Ontario Driver's
Licence with a minimum Class G designation, or other provincial
equivalent, and that such licence is valid at all times when such driver is
engaged in operating any taxicab;
(g)
not permit, encourage or condone the solicitation of passengers by
Taxicab Drivers, whether on the street or in any manner or any other
location;
(h)
not permit any Taxicab Driver to provide transportation services to
passengers unless the driver consents to personal information being
submitted to the Manager of Legislatives or designate for the purpose of
auditing compliance with this Chapter;
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(i)
ensure that each Taxicab Driver prominently displays on the sun visor or
dashboard of each taxicab owned or operated on behalf of the Taxicab
Broker, a Taxicab Driver's Photo Identification Card for each taxicab so
that it is readable by any passenger situated inside the vehicle when the
taxicab is available to provide or is providing transportation services to any
passenger;
(j)
not permit any Taxicab Driver to be on duty for more than twelve (12)
hours in any twenty-four (24) consecutive hours;
(k)
keep an orderly record of all calls dispatched showing date, time, origin,
destination, Taxicab Identification Decal number and the name of the
driver. The records shall be retained for a period of twelve (12) months
from date of entry and shall be open for inspection by any Officer. Such
records may be removed and retained for a reasonable period of time by
such Officer;
(l)
ensure all trip records submitted by the Taxicab Driver include the amount
of the meter upon arrival at the destination, if applicable any discount (in
$) applied, and the total fare charged for each call answered by the
Taxicab Driver;
(m)
not permit any Taxicab Driver to be on duty if the Taxicab Driver has not
provided to the Taxicab Broker a criminal record check, or vulnerable
sector screening certificate where applicable, as required by this Chapter;
(n)
not permit any Taxicab Driver to be on duty if a criminal record check, or
vulnerable sector screening certificate where applicable, shows that the
Taxicab Driver has any conviction or record suspension as set out in
Schedule "B" of this Chapter;
(o)
not permit any Taxicab Driver to provide transportation services to
passengers if the Manager of Legislative Services has informed the
Taxicab Broker that the Taxicab Driver has any fine imposed under the
Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended, or successor
legislation, that is in default for the contravention of any provision of this
Chapter or any other City of Orillia By-law or Provincial Statute where
such fine is associated with an offence that occurred in the City of Orillia
and arising out of the conduct, operation or activity within or in conjunction
with such business.
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Article 10
Taxicab Driver Requirements
725.10.1
Application - Taxicab Driver - general requirements
Every Taxicab Broker shall ensure that every Taxicab Driver has submitted to the
Taxicab Broker prior to commencement as a Taxicab Driver and every twelve (12)
months thereafter:
(a)
a copy of a valid Ontario Driver's Licence with a minimum Class G
designation, or other provincial equivalent;
(b)
proof that the person is at least eighteen (18) years of age;
(c)
a copy of a driving record abstract dated within twelve (12) months. For
greater certainty, the driving record abstract required to be submitted
every twelve (12) months thereafter shall be dated no more than twelve
(12) months from the date the prior check was completed by the Ministry
of Transportation or other provincial equivalent; and
(d)
a copy of a criminal record check from a Police enforcement agency or
other duly appointed agency, outlining that the person does not have any
conviction as set out in Schedule "B", and dated within twelve (12)
months. For greater certainty, the criminal record check required to be
submitted every twelve (12) months thereafter shall be dated no more
than twelve (12) months from the date the prior check was completed by
the Police enforcement agency or other duly appointed agency.
725.10.2
Application - Taxicab Driver - passport photograph requirement
Every Taxicab Broker shall file with the Manager of Legislative Services two (2) recent
suitable passport size photographs of every Taxicab Driver prior to commencement as a
Taxicab Driver and every twelve (12) months thereafter.
725.10.3
Renewal - passport photograph
Despite Section 725.10.2, passport photographs shall not be required to be filed every
twelve (12) months, unless the Taxicab Driver's Photo Identification Card previously
issued by the Manager of Legislative Services does not have a reasonable likeness
and/or clear image of the driver because of physical changes to the appearance of the
driver, the passage of time, the poor quality of the photography or the deterioration of
the photograph or photo identification card.
725.10.4
Taxicab Driver - duties
Every Taxicab Driver shall:
(a)
operate a taxicab solely in association with, and will accept calls only from,
a Taxicab Broker licensed under this Chapter;
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(b)
be familiar with the provisions of this Chapter;
(c)
immediately report any suspension of his or her Ontario Driver's Licence,
or provincial equivalent, to the Manager of Legislative Services;
(d)
keep a daily trip record, such daily trip record may be in paper or
electronic format, of all calls received by him or her which result in the
transporting of a passenger from one location to another and such trip
record shall contain the following information:
(i)
the Taxicab Identification Decal number for the taxicab used for such
trip;
(ii)
the first and last name of the driver;
(iii)
the amount of fare collected for each trip inclusive of Harmonized
Sales Tax;
(iv)
date, time, origin and destination of each trip; and
(v)
ensure all trip records include the amount of the meter upon arrival at
the destination, if applicable, any discount (in $) applied and the total
fare charged for each call answered by the Taxicab Driver.
(e)
produce trip records upon the request of any Officer;
(f)
once in each calendar day that he or she has operated a taxicab, provide
to the Taxicab Broker, the trip record for that day
(g)
ensure that any taxicab operated on behalf of the Taxicab Broker meets
the standards required for the issue of a Safety Standards Certificate at all
times;
(h)
produce two (2) recent suitable passport size photographs to the Manager
of Legislative Services so that a new Taxicab Driver's Photo Identification
Card can be issued if the Taxicab Driver's Photo Identification Card does
not have a reasonable likeness and/or clear image of himself or herself
because of physical changes to the appearance of himself or herself, the
passage of time, the poor quality of the photography or the deterioration of
the photograph or Taxicab Driver's Photo Identification Card;
(i)
while in charge of a taxicab:
(i)
carry at all times and produce immediately upon request of any
Officer, their Taxicab Driver's Photo Identification Card, Ontario
driver's licence or other provincial equivalent, valid insurance that
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meets the requirements of this Chapter, and the vehicle's motor
vehicle permit issued pursuant to the Highway Traffic Act;
(ii)
ensure that the Tariff Card, and Taxicab Vehicle Identification Decal
for the taxicab adhere to the following requirements:
1. remain unobstructed;
2. has a glare-free surface;
3. be positioned to avoid shadow areas and glare;
4. be consistently shaped and coloured using text that is high colour
contrasted with its background and has the appearance of solid
characters;
(iii)
not solicit any person to take or use the taxicab he or she is driving;
(iv)
not take, consume or have in his or her possession any intoxicant;
(v)
not employ or permit any runner or other person to assist or act in
concert with him or her in obtaining any passenger;
(vi)
not carry a greater number of passengers than is set out in the
manufacturer's rating for the taxicab;
(vii) not take on any additional passenger(s), except with permission of
the passengers already in the taxicab;
(viii) not operate a taxicab unless the vehicle is not more than ten (10)
model years old, excluding the model year of the vehicle as
reported on the vehicle's motor vehicle permit issued pursuant to the
Highway Traffic Act;
(ix)
not smoke/vape or permit any passenger to smoke/vape in the
taxicab;
(x)
not refuse to serve a person with a disability or fail to permit a
service animal to enter the taxicab;
(xi)
prominently display on the sun visor or dashboard of each taxicab
owned or operated on behalf of the Taxicab Broker, a Taxicab
Driver's Photo Identification Card so that it is readable by any
passenger situated inside the vehicle;
(xii) ensure that all rates or fares including any scheduled price variance,
is prominently displayed in characters of at least 0.5 centimetres in
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height and in Arial font on the sun visor or dashboard of each
taxicab owned or operated on behalf of the Taxicab Broker so that it
is readable by any passenger situated inside the vehicle when the
taxicab is available to provide or is providing transportation services
to any passenger, or available through an electronic format to every
customer prior to commencement of any conveyance in a
transparent fashion;
(xiii) ensure that a Taxicab Identification Decal is prominently displayed
on a passenger side door, a driver's side door and the rear of each
taxicab owned or operated on behalf of the Taxicab Broker, and that
each decal prominently displays in characters of at least 10
centimetres in height and in Arial font, the number of the Taxicab
Identification Decal;
(xiv) upon request of any passenger, give in writing his or her name, and
number of the Taxicab Identification Decal for the taxicab he or she
is driving;
(xv) not use any space made available for public parking whether for a
fee or otherwise, except for the purpose of and while actually
engaged in picking up or dropping off a customer;
(xvi) take the most direct route possible to the point of destination unless
directed otherwise by the passenger;
(xvii) promptly provide a receipt upon request from a passenger at the
end of the transportation service that includes information
confirming:
1.
total rate or fare paid inclusive of Harmonized Sales Tax;
2.
date and time of pickup;
3.
total duration of trip;
4.
the starting and ending locations of the trip; and
5.
the first name of the Taxicab Driver and number of the
Taxicab Identification Decal for the taxicab he or she is
driving.
(xviii) despite Section 725.10.1(d), not permit any passenger who is less than
eighteen (18) years of age in the taxicab at any time if the passenger is
not accompanied by a person that is eighteen (18) years of age or
older, without first having provided to the Taxicab Broker a vulnerable
sector screening certificate outlining that the Taxicab Driver does not
have any conviction or record suspension as set out in Schedule "B",
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and dated within twelve (12) months. A vulnerable sector screening
certificate required under this subsection shall only need to be provided
once to a Taxicab Broker, but for greater certainty, every twelve (12)
months thereafter a criminal record check would be required to be
provided to the Taxicab Broker as prescribed in Section 725.10.1(d). It
is a defence to a charge under this subsection that the driver
reasonably believed in all the circumstances that the unaccompanied
person in the taxicab was over eighteen (18) years of age. The driver's
belief will be deemed reasonable if the person produces a prescribed
form of identification showing that the person was at least eighteen (18)
years of age and there was no apparent reason to doubt the
authenticity of the document or that it was issued to the person
producing it.
Article 11
Taxicab Requirements
725.11.1
Application - Taxicab - general requirements
Every Taxicab Broker shall obtain and maintain, or ensure that every owner of a taxicab
has submitted to the Taxicab Broker, prior to commencement of use as a taxicab, and
every twelve (12) months thereafter or as otherwise required by this Chapter:
(a)
proof that the taxicab is no more than ten (10) model years old, excluding
the model year of the vehicle as reported on the vehicle's motor vehicle
permit issued pursuant to the Highway Traffic Act;
(b)
a copy of a valid motor vehicle permit issued pursuant to the Highway
Traffic Act for each vehicle operating on behalf of the Taxicab Broker;
(c)
a copy of a valid Safety Standards Certificate issued within the previous
thirty-six (36) days for each vehicle operating on behalf of the Taxicab
Broker.
725.11.2
Insurance requirements related to Taxicabs and Taxicab Drivers
Every Taxicab Broker shall obtain and maintain, or ensure that every owner of a taxicab
obtains and maintains, a certificate of insurance with the following minimum insurance
requirements for each taxicab owned by the Taxicab Broker, and not owned by the
Taxicab Broker but which is intended to be used as a taxicab for the Taxicab Broker:
(a)
Automobile Liability Insurance with limits of not less than Two Million
Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death
and damage to property. The Automobile Liability insurance shall include
the OPCF 6A - Permission to Carry Paying Passengers and OPCF22 -
Damage to Property of Passengers;
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(b)
Non-Owned Automobile insurance with limits of not less than Two Million
Dollars ($2,000,000.00) per occurrence;
(c)
The City of Orillia shall be named or included as an additional insured;
(d)
an endorsement to provide that the City shall receive at no less than thirty
(30) days prior written notice from the insurer of any cancellation; and,
(e)
confirmation that insurance coverage includes each Taxicab Driver who
operates the taxicab to which the Taxicab Identification Decal is affixed.
725.11.3
Taxicab Broker Requirements related to Taxicab
Every Taxicab Broker shall:
(a)
ensure that each taxicab is no more than ten (10) model years old,
excluding the model year of the vehicle as reported on the vehicle's motor
vehicle permit issued pursuant to the Highway Traffic Act;
(b)
ensure that each taxicab is the subject of a valid Safety Standards
Certificate issued within the previous thirty-six (36) days, prior to
commencement of use as a taxicab, and then every six (6) months
thereafter, at his or her expense;
(c)
ensure that each taxicab meets the standards required for the issue of a
Safety Standards Certificate at all times;
(d)
ensure that each taxicab is submitted for vehicle safety inspection at any
time as required by the Manager of Legislative Services, and shall file with
the Manager of Legislative Services a copy of a valid Safety Standards
Certificate issued within the previous thirty-six (36) days for each vehicle
operated on behalf of the company as required by the Manager of
Legislative Services. The Manager of Legislative Services may require
any taxicab to be re-examined by a mechanic of the Manager of
Legislative Services' choice;
(e)
where the Manager of Legislative Services requires a taxicab to be
examined or inspected, not operate or permit to be operated the vehicle
as a taxicab until it has passed such examination or inspection to the
satisfaction of the Manager of Legislative Services;
(f)
advise the Manager of Legislative Services of any change in any licence
plate issued by the Ministry of Transportation at the time of application for
a renewal of a Taxicab Broker's Licence;
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(g)
ensure that each taxicab has an electric sign on top of the taxicab and
securely fixed clearly indicating the vehicle is a taxicab in the trade name
under which the taxicab is being operated;
(h)
ensure that a taxicab meter is affixed to each taxicab;
(i)
ensure that each taxicab meter is:
(i)
so placed as to be conveniently seen at all times by the passenger
or passengers of the taxicab;
(ii)
kept in good working order at all times and not used when defective
in any way;
(iii)
illuminated from one-half hour before sunset to one-half hour after
sunrise.
725.11.4
Taxicab ceases to operate - removal - equipment and markings
Where a taxicab ceases to operate on behalf of the Taxicab Broker, the Taxicab Broker
shall immediately remove from such vehicle:
(a)
the roof sign with indicator light;
(b)
the meter;
(c)
all identifying decals or markings;
(d)
any other markings which would identify the vehicle as a taxicab.
725.11.5
Taxicab Broker held liable
The Taxicab Broker shall be held liable for any violations found or misconduct done so
by any Taxicab Driver or Taxicab, to any provision of this Chapter and may result in the
suspension, revocation or denial of the Taxicab Broker Licence.
Article 12
Exemptions
725.12.1
Exemptions
This Chapter does not apply to:
(a)
a person that is facilitating "carpooling" as set out in the Public Vehicles
Act;
(b)
a passenger transportation system provided by, or on behalf of the City;
(c)
an ambulance service including vehicles and drivers operating on behalf
of the service;
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(d)
a Stretcher Transportation Service Provider (STSP), drivers operating on
behalf of a STSP, and vehicles owned or operated on behalf of a STSP,
provided a passenger is transported on a stretcher or in wheelchair;
(e)
a Designated Driver Transportation Company and a Designated Driver
Transportation Company Driver, provided the driver drives a customer in
the customer's vehicle;
(f)
a retirement home, drivers operating on behalf of a retirement home, and
vehicles owned or operated on behalf of a retirement home, for the
purpose of transporting residents of those homes;
(g)
Helping Hands, drivers operating on behalf of Helping Hands, and
vehicles owned or operated on behalf of Helping Hands;
(h)
The Canadian Cancer Society (CCS), drivers operating on behalf of the
CCS, and vehicles owned or operated on behalf of the CCS, where there
is no fee or other compensation nor is a fee or other compensation paid to
the driver, owner, or lessee of the motor vehicle for a passenger's
transportation except to reimburse the expenses of operating the motor
vehicle on a not-for-profit basis and provided the passenger is being
conveyed to or from a hospital or other medical facility;
(i)
a motor vehicle operated under a public vehicle operating licence issued
pursuant to the Public Vehicles Act;
(j)
motor vehicles operated by or on behalf of an Auxiliary Service
Transportation Company for the purpose of and while actually engaged in
providing an auxiliary service to a person with a disability who has pre-
registered as a client with the company at least twenty-four (24) hours in
advance of being provided transportation services. Notwithstanding the
foregoing, pre-registration is not required in advance of providing an
auxiliary service to a customer with a disability that is picked up from the
Orillia Soldiers' Memorial Hospital.
Article 13
Enforcement
725.13.1
Enforcement
The provisions of this Chapter may be enforced by any Police Officer of the Ontario
Provincial Police, and/or Municipal By-law Enforcement Officer.
725.13.2
Entry and inspection
An Officer may at all reasonable times:
(a)
inspect any vehicle, building, place, premise, equipment and other
property used or kept for hire in connection with the carrying on of a
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business which is licensed or which is required to be licensed pursuant to
this Chapter, and;
(b)
inspect any goods, articles, books, records and other documents of or
relating to any such business.
725.13.3
Hinder or Obstruct
No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising
a power or performing a duty under this Chapter, or any person lawfully acting in aid of
such an Officer. Without limiting the generality of the meaning of "hinder" or "obstruct", a
person shall be deemed to have obstructed or hindered an Officer in the execution of their
duties if he or she:
(a)
provides false information to an Officer; or
(b)
is alleged on reasonable and probable grounds to have contravened any of
the provisions of this Chapter, and fails to identify themselves to an Officer
upon request.
725.13.4
Fine - person - for contravention
Every person who contravenes any of the provisions of this Chapter, and every director
or officer of a corporation who knowingly concurs in such contravention by the
corporation, is guilty of an offence and on conviction is liable to a fine not exceeding
$25,000 for a first offence, and $50,000 for any subsequent offence.
725.13.5
Fine - corporation - for contravention
Where a corporation is convicted of an offence under the provisions of this Chapter, the
maximum penalty that may be imposed on the corporation is $50,000 for a first offence,
and $100,000 for any subsequent offence, and for greater certainty not as provided in
Section 725.13.4.
725.13.6
Fine - for contravention - part I offence
Despite Sections 725.13.4 and 725.13.5, every person who contravenes any of the
provisions of this Chapter, and every director or officer of a corporation who knowingly
concurs in such contravention by the corporation, is guilty of an offence and on conviction
pursuant to Part I of the Provincial Offences Act, is liable to a maximum fine as provided for
in the Provincial Offences Act.
725.13.7
Court order - prohibited continuation of offence
Upon conviction, in addition to any other remedy and to any penalty imposed by this
Chapter, 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.
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725.13.8
Rebuttable presumption - identification
In a prosecution for a contravention of this Chapter, evidence of identification shall be
presumed to be correct and accurate, unless rebutted by evidence to the contrary.
Article 14
Interpretation
725.14.1
Words - intention
In this Chapter, unless the contrary intention is indicated, words used in singular shall
include the plural and words used in the male gender shall include the female gender
and a corporation or vice versa where applicable.
725.14.2
Headings
Headings are inserted for convenience of reference purposes only, form no part of this
Chapter and shall not affect in any way the meaning or interpretation of the provisions of
this Chapter.
725.14.3
Expression of time
Where any expression of time occurs or where any hour or other period of time is stated
the time referred to shall be standard time, provided however, if what is known as
"daylight saving time" has been generally adopted in the City for any period of the year,
under any statute, order-in-council, by-law, resolution or proclamation, whether the
same is effective in law or not, such time shall be the time referred to during such period
in any reference to time in this Chapter.
725.14.4
Schedules
All Schedules to this Chapter shall form part of this Chapter.
Article 15
Validity and Severability
725.15.1
Validity and severability
Every provision of this Chapter is declared to be severable from the remainder of the
Chapter and if any provision of this Chapter shall be declared invalid by a court of
competent jurisdiction, such declaration shall not affect the validity of the remainder.
Article 16
Conflicts
725.16.1
Most restrictive - prevail
If a provision of this Chapter conflicts with an Act or a regulation or another Chapter, the
provision that is most restrictive shall prevail.
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Article 17
Effective Date
725.17.1
Effective date
This Chapter shall come into force and take effect on the date of passing thereof.
Repealed and Replaced: By-law 2020-10, 10 February 2020.
By-law Amendments: By-law 2020-48, 25 May 2020; By-law 2022-136, 8 December
2022; By-law 2023-064, 5 June 2023; By-law 2024-022, 12 February 2024.
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Schedule "A" to Chapter 725 - Licence and Administration Fees
Licence
2026 Fee
Taxicab Broker Licence (1-2 drivers and vehicles in total)
$703
Taxicab Broker Licence (3-10 drivers and vehicles in total)
$1,077
Taxicab Broker Licence (11-25 drivers and vehicles in total)
$2,013
Taxicab Broker Licence (26-50 drivers and vehicles in total)
$2,952
Taxicab Broker Licence (51-150 drivers and vehicles in total)
$3,795
Taxicab Broker Licence (151-250 drivers and vehicles in total)
$5,200
TNC Licence (1-2 drivers and vehicles in total)
$703
TNC Licence (3-10 drivers and vehicles in total)
$1,108
TNC Licence (11-25 drivers and vehicles in total)
$2,013
TNC Licence (26-50 drivers and vehicles in total)
$2,952
TNC Licence (51-150 drivers and vehicles in total
$3,795
TNC Licence (151-250 drivers and vehicles in total)
$5,200
Duplicate Licence
$42
Amendments to Licence - Change of name, Licensee, Location $42
Late Application Fee
$83
Licence Refusal
$83
Appeal -Tribunal
$83
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Schedule "B" to Chapter 725 - Threshold - Convictions
The Manager of Legislative Services shall refuse to grant a licence under this Chapter if
an applicant has:
(a) any code 01 conviction or record suspension;
(b) any code 02 conviction or record suspension within the last twenty years;
(c) any code 03 conviction or record suspension within the last fifteen years;
(d) two or more code 03 convictions or record suspensions within the last twenty
years;
(e) any code 04 conviction within the last five years;
(f) two or more code 04 convictions within the last ten years;
(g) any code 05 or 07 conviction within the last year;
(h) any code 06 conviction within the last three years;
(i) six or more convictions under this Chapter within the last year concerning the
licensed business or individual, or any other of the individual's businesses that
are licensed or are required to be licensed, or any of the individual's prior
businesses that were licensed or were required to be licensed.
Criminal Code
Offences
Description
Code
*Offence committed
against vulnerable
sector (minors, elderly
or persons with a
disability)
Interference, invitation, exploitation,
procuring sexual activity (parent or
guardian), permitting sexual activity
(householder) corrupting children,
luring a child, exposure
Sexual assault, sexual assault with
weapon, causing bodily harm,
aggravated, assault with weapon,
causing bodily harm
Incest, indecent act
Makes, prints, publishes or
possesses for the purpose of
publication any child pornography
Transmits, makes available,
distributes, sells, advertises, imports,
exports or possesses for the purpose
of transmission, making available,
01
Vehicle-For-Hire Licensing
725
Orillia
725.47
February 2024
distribution, sale, advertising or
exportation any child pornography
Possesses, or accesses any child
pornography
Kidnapping, hostage taking,
abduction, trafficking of person
Terrorism
Providing, collecting property; using,
possessing property; providing,
making available property
01
Homicide
Homicide, manslaughter, infanticide,
murder, attempt to commit,
accessory
01
Noxious thing, poison
Administering to harm
01
Major assault and
sexual assault offences
Sexual assault with weapon, causing
bodily harm, aggravated, assault with
weapon, causing bodily harm
02
Sexual offences
Incest, indecent act, sexual assault
03
Confinement
Kidnapping, hostage taking,
abduction, trafficking of person
03
Hate propaganda
Advocating genocide, public
incitement of hatred
03
Robbery, extortion
All offences
03
Criminal organization
Participating in activities of
03
Criminal negligence
Criminal negligence, causing death,
causing bodily harm
04
Assault
Assault, of a peace officer
04
Harassment, threats
Criminal harassment, uttering threats 04
Explosives
Using, possession
04
Weapons
Possession, carrying, trafficking
04
Firearms
Using in commission of offence,
careless use, pointing, possession,
acquisition without certificate,
causing bodily harm with intent
(firearm, air gun, or pistol)
04
Theft offences
All offences
04
Forgery offences
All offences
04
Traps
Setting
05
Vehicle-For-Hire Licensing
725
Orillia
725.48
February 2024
Criminal Code
Offences
Description
Code
Break and enter
Break and enter
04
Crime-possession of
property
Possession of property obtained by
crime
04
Fraud
Fraud offences, falsifying documents 04
Arson
All offences
04
Counterfeit money
Uttering, advertising, dealing
04
Proceeds of crime
Laundering
04
Noxious thing, poison
Administering to annoy, to aggrieve
05
Mischief
Mischief
05
Conspiracy
Conspiracy to commit an indictable
offence
05
Prostitution
Offences related to
05
Bawdy houses
Keeping, transporting person to,
procuring
05
Operation of motor
vehicle, vessels, or
aircraft
Dangerous operation, failing to stop
for police, failure to stop at scene of
accident, operation while impaired,
operation with more than 80
milligrams of alcohol in blood, driving
while disqualified
06
Other
All other Criminal Code Convictions
07
Vehicle-For-Hire Licensing
725
Orillia
725.49
February 2024
Controlled Drugs and
Substances Act
Offences
Description
Code
Possession
Possession
05
Trafficking
Of Schedule I or II substance
Of Schedule III substance
Of Schedule IV substance
03
04
05
Importing, exporting
Of Schedule I or II substance
Of Schedule III substance
Of Schedule IV substance
03
04
05
Production
Of Schedule I or II substance (except
marijuana)
Of Marijuana
Of Schedule III substance
Of Schedule IV substance
03
04
04
05
*For the purposes of this schedule, the following definitions apply:
"minor" shall mean a person under 18 years of age.
"elderly" shall mean a person sixty-five years of age or over.
In the course of an application, the Manager of Legislative Services may inquire into
pending court cases and issue a conditional licence to the date of the expected court
date. Withholding the fact of a pending court date from the Manager of Legislative
Services is itself a ground for suspension of the licence.