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The Corporation of the City of Pembroke
By-law Number 2023-88
Being a by-law to establish rules and regulations for the licensing and
operation of taxicabs within the City of Pembroke
Whereas Section 156 (1) of the Municipal Act, R.S.O. 2001, S.O. 2001,
C.25 as amended states that By-laws may be passed for licensing,
regulating and governing owners and drivers of taxicabs, establishing the
rates or fares to be charged by the owners or drivers of such vehicles for
the conveyance of passengers and for providing for the collection of such
rates or fares and for revoking any such license and limiting the number of
taxicabs or any class of them.
Now therefore the Municipal Council of the Corporation of the City of
Pembroke enacts as follows:
1.
Definitions
a)
"Applicant" shall mean either the Owner or Driver who is applying for a
taxicab license.
b)
"Accessible Cab" means a cab that is wheelchair accessible permitting
the loading of a person with a disability confined to a wheelchair, or other
similar devise and is available for providing conveyance service.
c)
"City Council" shall mean the City of Pembroke Municipal Council or any
of its standing committees.
d)
"By-law Enforcement Officer" shall mean the By-law Enforcement
Officer of the City of Pembroke and subordinates or assistants.
e)
"Taxicab License/License Plate" shall mean a permit granted under the
provisions for this By-law to own and operate a taxicab.
f)
"Certificate" shall mean a certificate completed by an approved licensed
mechanic and can be referred as a vehicle safety inspection certificate as
to the mechanical condition of a vehicle in this By-law.
g)
"Chief Administrative Officer" shall mean the Chief Administrative
Officer for the City of Pembroke or their designate.
h)
"City" shall mean the City of Pembroke.
i)
"Deficiency Notice" shall mean a notice served on a taxicab owner with
respect to major mechanical defect of a taxicab.
j)
"Indecent/Immoral/Disorderly Conduct" shall mean actions that disturb
others including but not limited to public intoxication; disturbing the
peace; threats; loud, disruptive and/or profane language; indecent
exposure; lewd or obscene gestures; racial or ethnic slurs; etc.
k)
"Licensed Premises" shall mean the premises where the owner carries
on the licensed operation.
l)
"Taxicab Driver" shall mean the driver of a taxicab whose vehicle is
licensed under this By-law and who possesses a valid Ontario 'Class G'
Driver's License under the Highway Traffic Act.
m)
"Major Mechanical Defect" shall mean a mechanical defect or defects
directly or indirectly related to any part of the motor vehicle involving or
affecting the:
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- Brakes or braking system; and/or
- Steering system; and/or
- Suspension system; and/or
- Exhaust system; and/or
- Tires
n)
"Owner" shall mean any person owning a taxicab or having possession
or control thereof under an installment purchase agreement or by way of
rental.
o)
"Owner's Permit or Permit" shall mean cab owner's permit/taxi plate
granted under the provisions of this By-law to operate a taxi vehicle by an
Owner of a taxi company in the City of Pembroke.
p)
"Passenger" shall mean any person in a licensed vehicle under this By-
law.
q)
"Person" shall mean and include not only an individual, but also a
partnership and body corporate any association and their hires,
executors, administrators, successors and assigns or other legal
representatives thereof to whom the context may apply and words
reporting to be singular shall include the plural and words importing to be
masculine gender shall include the feminine.
r)
"Sale" shall mean the sale of one or more vehicles in respect to which
licenses are issued by City Council and accompanied by an application to
City Council for issue of a new license.
s)
"Seating Capacity" shall mean the number of passengers limited to the
seating capacity of the vehicle as rated by the manufacturer.
t)
"Taxicab" shall mean a cab, limousine, motor vehicle or other vehicle
kept or used for hire for a conveyance of passengers but does not
include a bus or a transit system, or a bus licensed under the Public
Vehicles Act, or an ambulance or a funeral hearse.
u)
"Taxicab Stand" shall mean a building on any part of a street designated
by City Council to be a stand for three or more licensed taxicabs.
2.
Driver Administration and Licensing
1.
The taxicab owner or driver must possess a valid Ontario Driver's
License void of any restriction that would prohibit the operation of a taxi,
is not a probationary driver, nor a class G1 or G2 driver.
2.
The Taxicab owner shall ensure their Taxicab drivers shall submit the
following and the information shall be retained and kept on file by the
Taxicab owner and will be made available to the City, Ministry of
Transportation or OPP, if requested:
a)
a current valid Class G driver's license issued by the Province of
Ontario or the Province of Quebec;
b)
a Police Record Check for persons seeking employment to serve
the vulnerable section of the populations dated no less than 90
days prior to the date of the application for a license. A Police
Record Check is required every three (3) years and further it must
be no older than 180 days prior to the date of the license renewal
to be considered valid;
c)
an annual Statement of Driving Record issued within 30 days prior
to the application by the Ontario Ministry of Transportation or the
Quebec Controle due Transport Routier;
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d)
a signed declaration by the applicant confirming they do not have
any current outstanding criminal charges or warrants pending
before the courts;
e)
submit two (2) passport style photos taken within three (3) months
of hiring the Taxicab driver and within three (3) months for license
renewal;
f) Provide the required information to the Taxicab owner no later
than December 31st of each year; and
g)
Not drive any cab in the City of Pembroke for longer than 48 hours
or two (2) days, after the license is submitted for renewal to the
Taxicab Owner.
3.
No person shall be granted a license unless:
a) The Applicant has not been found guilty of an indictable offence under
the Criminal Code of Canada or an offence under the Controlled Drug
and Substances Act (Canada) or the Food and Drug Act (Canada)
within the preceding three (3) years;
b) The Applicant has not been found guilty of a criminal offence
pertaining to the operation of a motor vehicle within the preceding
three (3) years;
c) The Applicant has not been found guilty of a sexual offence under the
Criminal Code of Canada;
d) The Applicant is of good character; and,
e) The Applicant does not have an accumulation of more than (7)
demerit points under the Highway Traffic Act (Ontario)
4.
Notwithstanding Section 2(3), the following may apply:
a) An Applicant who has been found guilty of a criminal offence within
the preceding three (3) years and received an absolute discharge
may be granted a license; or
b) An Applicant who has been found guilty of a criminal offence within
the preceding three (3) years and received a conditional discharge
and/or a suspended sentence may be granted on a license; or
c) An Applicant who has been found guilty of a summary conviction
offence under the Criminal Code of Canada may be granted a license.
3.
Driver and Owner Code of Conduct
1.
Every taxicab driver while so employed and engaged, shall at all times
display their photo identification card inside the taxi vehicle and in such a
way that it faces the rear seat of the taxi and in clear view at all times.
2.
No taxi driver shall park or stop a taxicab on any portion of a roadway
and/or sidewalk that obstructs traffic flow, pedestrian flow, and/or
breaches Parking Control By-laws for the City of Pembroke.
3.
Every taxi driver shall upon request, furnish their photo identification card
and their Ontario Driver's License to any OPP, By-law Enforcement
Officer or Ministry of Transportation Officer.
4.
No taxi driver shall pass or ignore a potential fare unless:
a)
the fare fails to provide their destination; and/or
b)
the driver believes the person poses a danger; and/or
c)
the person is unruly, obnoxious or abusive.
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5.
No taxi driver or Owner shall, while conducting business in any taxicab,
purchase and/or transport any liquor product within the boundaries of the
City of Pembroke without the possession of a valid license issued by the
Liquor Control Board of Ontario for the transportation of a liquor product
and conform to the Liquor License Act.
6.
No Taxi driver and/or Owner shall:
a)
smoke any product containing tobacco in a taxicab and/or taxi
stand;
b)
smoke any product containing tobacco in any device designed for
smoking a tobacco product;
c)
hold lighted tobacco and/or lighted tobacco in a device, in a
taxicab and/or taxi stand.
7.
It shall be unlawful for any taxi driver or Owner to permit, allow or assist
any person in a taxicab or taxi stand in contravention of the Smoke Free
Ontario Act or any provisions of this By-law. Any person who is in
contravention of this section shall be dealt with as set out in the following:
a)
1st Offence - fine from the Health Unit
b)
2nd Offence - fine plus a five (5) day suspension of their taxicab
license
c)
3rd Offence - fine plus a ten (10) day suspension of their taxicab
license
d)
4th Offence - fine plus permanent suspension of the taxicab
license.
8.
Every Taxicab owner and driver shall:
a)
keep the interior and exterior of this vehicle in clean and sanitary
condition and in good repair. Whenever the Owner or driver of
any such vehicle is notified by the Ministry of Transportation, OPP
or By-law Enforcement Officer that such vehicle is not so kept, the
owner or driver shall make or cause to be made such repairs as
indicated. All such notification in this section shall be reported to
the Chief Administrative Officer;
b)
upon the request of any passenger, give in writing, their name,
taxicab number issued to them and the provincial motor vehicle
license number of the vehicle;
c)
retain their Provincial Driver's License in their possession at all
times and shall, upon request, surrender the license to any OPP,
Ministry of Transportation and/or By-Law Enforcement Officer;
d)
upon request of any OPP, Ministry of Transportation and/or By-law
Enforcement Officer, provide full information as to the passengers
carried;
e)
give their name and the name of the Owner of the vehicle, if other
than the Driver, upon request by a passenger or by any person to
whom or to whose property damages has been occasion by the
driver and their vehicle;
f)
punctually keep all their appointments and engagements shall,
while on duty, unless their vehicle has been previously engaged,
serve at any place within the City of Pembroke any person who
may lawfully require his vehicle and shall not neglect to fulfil their
appointments or engagements, except for reasons beyond their
control;
g)
travel by the most direct route to the point of destination, unless
otherwise directed by the passenger;
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h)
at the expiration of their work period, return the vehicle and shall
not, at any time, abandon the vehicle;
i)
serve the first person offering to hire them, unless such person
owes them a fare for services or unless there is a justifiable
reason to do otherwise as stated in Section 3(4); and
j)
report forthwith to the Dispatcher or the Owner, any accident in
which case they were involved in or any damage caused while
operating the vehicle.
Taxicab Driver Prohibitions
9.
No Taxicab Driver shall:
a)
operate a taxicab while any condition referred to in this By-law is
not fulfilled or while any taxicab license required by this By-law has
not been obtained;
b)
operate a taxicab while passenger(s) fail to occupy a position for
which a seat belt assembly has not been provided;
c)
carry any passenger who is under the influence of any intoxicant
while the passenger is accompanied by a person who is also
under the influence and not sober;
d)
drive his vehicle with luggage or other material piled in the front
seat in a manner that obstructs their view;
e)
permit any person other than the Owner, an employee or a person
contracted by the Owner to drive his vehicle;
f)
permit any immoral, indecent or disorderly conduct in his vehicle;
g)
other than a cab that is actually being used to transport children to
or from school, take on any additional passenger after the cab has
departed with one (1) or more passengers from any starting point,
except at the request or permission of the passenger already in
the vehicle or in the case of an emergency;
h)
possess a radio frequency scanner in a taxicab, or act upon
information obtained from a radio frequency scanner;
i)
make any changes from the time lost through defects or
inefficiency of their taxicab or incompetence of the Driver thereof
for time consumed by early arrival of the taxicab in response to a
call placed in advance for a taxicab at a specified time;
j)
operate a taxicab when a taximeter, if there is one, has not been
adjusted in accordance with the existing current rates as set out in
Schedule "B" of this By-law or when the operation of the taximeter
has not been approved by the Chief Administrative Officer or the
taximeter is not operating properly;
k)
operate a taxicab when the taximeter seal is improperly affixed;
l)
knowingly mislead a passenger on time or place of arrival or
departure or probable fare;
m)
charge a fare in excess of the amount recorded by the taximeter
other than that permitted by Schedule "B" attached to this By-law
and the Owner or Driver shall keep the taximeter in operation at all
times when the taxicab is under hire;
n)
operate any taxicab not licensed to operate within the boundaries
of the City of Pembroke;
o)
operate a taxicab or convey passengers within the boundaries of
the City of Pembroke without first obtaining a license for the
Taxicab from the City or municipality from which that taxi
originates; and
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p)
any taxicab not licensed to operate within the boundaries of the
City of Pembroke and solicit fares, in compliance with preceding
1(h) such taxicab, may enter the boundaries of the City to receive
and or discharge a fare.
Taxicab Driver Duties
10.
Every Taxicab Driver shall:
a)
keep a daily trip sheet;
b)
be sufficiently close to their taxicab to have it under observation at
all time;
c)
not wash the taxicab on city-owned property;
d)
make repairs to the taxicab;
e)
engage the taximeter, if any, or provide a pre-negotiated rate with
the passenger, at the commencement of the trip when the
passenger enters the taxicab;
f)
when a taxicab driver picks up a passenger within the City of
Pembroke for a trip destination outside the City of Pembroke, the
taxicab Driver and the passenger may agree before the
commencement of the trip to a pre-negotiated rate for the trip;
g)
make available their trip record and give full information thereof to
any OPP, Ministry of Transportation and/or By-law Enforcement
Officer on being required to do so;
h)
report forthwith to the Dispatcher or the Owner of any accident in
which case they were involved or any damage;
i)
while such taxicab is being used for the transportation of children
to and from school:
i.
operate the vehicle in accordance with the Highway Traffic
Act (Ontario), pertaining to school purpose vehicles; and
ii.
ensure that the number of children being carried at any time
does not exceed the number of seating positions for which
a seat belt assembly has been provided in the vehicle; and
iii.
ensure that the Driver has in his possession the name and
address of the children and notification of any medical
condition that may be required if the child needed
assistance from the Driver; and
iv.
ensure all children, where applicable are, transported in
child restraint car seats in accordance with Reg. 613 of the
Highway Traffic Act (Ontario).
4.
Cab Owner Administration
1.
Every Owner shall advise the Chief Administrative Officer of any change
of information regarding a Taxicab License that has been recorded in the
register within three (3) days of such change occurring.
2.
Upon disposing of a vehicle, which will not be replaced, the Owner shall,
within forty-eight (48) hours, attend at the office of the Chief
Administrative Officer and surrender the license held by them in respect
of such vehicle.
3.
Except as provided for in this By-law, no taxicab shall be sold, rented,
leased or hired "sold", "rented" or "hired" includes any arrangement or
agreement whereby the Owner gives up, to some other person, the right
to possession and control of the taxicab, and, also any arrangement
relating to the use of the taxicab by any person other than a bona fide
fare.
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4.
Every Owner shall keep a record in the office of the date, time, origin and
destination of each trip, name of Driver, number of the taxicab and such
records will be retained for at least twelve (12) months. Full information
shall be given by the license holder to any Ontario Provincial Police
Officer, or Municipal by-law Enforcement Officer upon being required to
do so, with reference to the address of the house, or place, to and from,
which they have driven any passengers or with reference to all matters
within their knowledge relating to such passengers.
5.
Every Owner obtaining a taxicab license under this By-law shall keep
their taxi license or a copy thereof posted in some conspicuous place on
the premises from which the business is being operated, when requested
by any person authorized by City Council produce the taxi license for
inspection.
6.
Every Owner shall, to the best of their ability, ensure that all requirements
of this By-law relating to vehicle equipment, Driver's responsibilities and
licensing requirements are adhered to.
7.
No Owner shall permit any Driver to be on duty more than twelve (12)
hours in any period of twenty-four (24) hours, nor shall an Owner contract
with a person to operate his vehicle for more than twelve (12) hours.
8.
Every Owner shall submit any vehicle licensed under this By-law for
inspection as required by the Chief Administrative Officer and shall not
hinder any OPP, Ministry of Transportation or By-law Enforcement Officer
from entering such vehicle for any inspection thereof.
9.
No Owner shall possess a radio frequency scanner on the premises from
which the business is being operated or act upon information obtained
from a radio frequency scanner.
10.
Every Owner with three (3) or more licensed taxicabs in the City of
Pembroke must have a taxicab stand as defined in the definitions of this
By-law. Such taxicab stands shall be open to the public for the purpose
of hiring a taxicab. All taxicab stands with the boundaries of the City of
Pembroke must comply with all zoning requirements as set out by the
Corporation of the City of Pembroke.
11.
Every Owner shall allow the OPP, Ministry of Transportation and/or By-
law Enforcement Officer, at all reasonable times, to inspect as much of
any house, place or premises as is used for the carrying on of any trade,
calling business or occupation in respect of which any person has, or is
required to have a license under this By-law and the OPP, Ministry of
Transportation and/or By-law Enforcement Officer may inspect any
goods, articles, books, records and other documents relating to such
trade, calling business or occupation.
12.
No person or owner shall operate or permit the operation of a taxicab
which exceeds an age of ten (10) years. The age of a vehicle is
determined by subtracting the production date of the vehicle from the
licensing year.
13.
An applicant for a taxicab license shall submit in writing to the Chief
Administrative Officer a request for a new taxicab license. As a result, if
the application proceeds, the applicant will be notified. Successful
applications will have thirty (30) days to comply with all aspects
governing licenses and plates. Failure to meet all terms in the allotted
thirty (30) days will result in the license being cancelled.
14.
Every Owner shall be responsible for providing taxicab drivers with their
photo identification card to be placed in a clearly visible space in the
Page 8 of 19
taxicab. The template for the taxicab driver photo identification card is set
out in Appendix "B" of this by-law.
5.
Taxicab Licenses
1.
An Applicant for a taxicab license permit/license plate shall:
a)
provide evidence that the vehicle is licensed under the authority of
the Highway Traffic Act (Ontario) and is mechanically fit; and
b)
procure in respect to each vehicle licensed under this By-law, a
policy of insurance endorsed to the effect that the Chief
Administrative Officer will be given at least two (2) days notice and
shall deposit a copy or certificate thereof with the Chief
Administrative Officer and such policy will be kept in force as long
as the vehicle remains licensed under this By-law; and
c)
insure Owner and Driver of any such vehicle against loss or
damage resulting from bodily injury or death to the passengers as
well as others and against damage to property to an aggregate
maximum limit of not less than two million dollars ($2,000,000) for
all claims in any one accident, exclusive of interest and costs.
2.
If the license for a taxicab is not purchased within thirty (30) days from
the date the application is granted, the licensee shall at the time that the
license is purchased, provide proof that the vehicle is mechanically fit.
3.
No person shall use or operate any taxicab defined in Section 1, within
the boundaries of the City of Pembroke without obtaining a license issued
by the City authorizing them to carry on their business and occupations
with the boundaries of the City and for which said person shall pay the
City, at the time of taking out said permit, the fee prescribed for by this
By-law in Schedule "A".
4.
Every person who keeps a vehicle as a taxicab shall obtain a license
issued by the City authorizing the use of the vehicle for the purpose
indicated on such a license and shall pay, at the time of taking out such
license, the fee prescribed by this By-law. There shall be a separate
license taken out for every taxicab operated by the Owner.
5.
Where two (2) or more persons carry on or engage in a partnership in a
taxicab, the license may be issued in the name of the partner only, but
when the application for a license is made, the name and address of
each member of the partnership shall be set out therein.
6.
Taxicab licenses shall expire on the thirty-first (31) day of December of
each year.
7.
The annual fee for each license is as set out in Schedule "A".
8.
All fees for renewal of Taxicab licenses under this By-law shall be paid to
the City within thirty (30) days of their expiry, failing which all licenses
become null and void and must be returned to the City. A fine for late
license renewals is set out in Schedule "A". Every application for an
original taxicab license by the Owner under the By-law shall be in writing,
signed by the Applicant on forms provided by the Chief Administrative
Officer and:
a)
shall be filed with the Chief Administrative Officer;
b)
shall be accompanied by the permit fee prescribed in Schedule "A"
by this By-law; and
c)
shall be accompanied by such information and materials as may
be reasonably required by the Chief Administrative Officer.
Page 9 of 19
9.
Every application required under this By-law to be made to the City shall
be submitted to the Chief Administrative Officer, which shall be dealt with
in accordance with this By-law.
10.
The Chief Administrative Officer shall, upon receipt of an application for a
taxicab license, make or cause to be made, all examinations and
investigations required to be made by this By-law as per the attached
Appendix "A", relative to such application. The Chief Administrative
Officer may refuse to issue a taxicab license in cases where it is deemed
in the best interest of the public safety.
11.
If the required investigation and examination into an application for a
taxicab license does not disclose any reason why the application should
not be granted, the Chief Administrative Officer shall issue such a license
unless, in his opinion, the granting of a taxicab license shall be contrary
to the public interest.
12.
All taxicab licenses issued under this By-law shall be issued by the Chief
Administrative Officer in the name of the City on forms supplied by the
Chief Administrative Officer, if any taxicab license is issued subject to
conditions, such conditions shall be sent forth on or attached to the
license.
13.
The City may refuse to grant a taxicab license if applied for or may grant
a conditional taxicab license if the Applicant signifies that they are
prepared to accept the conditions imposed on their taxicab license and to
make no objections to those conditions imposed by the City.
14.
An Applicant for a taxicab license who has been refused a taxicab license
by the Chief Administrative Officer may apply to the City requesting a
hearing before City Council.
15.
The Chief Administrative Officer, upon the issuance of a taxicab license,
shall furnish the applicant with:
a)
the taxicab license which shall be numbered and set forth in the
name of the applicant and the make, model, style and vehicle
identification number of the vehicle they are authorized to drive or
operate to have driven or operated.
16.
A taxicab license issued hereunder shall contain a description of the
particular vehicle to which the license applies along with full insurance
particulars for the said vehicle as mentioned in Section 5(2)(d). The
permit may not be altered or otherwise made to apply to more than one
specific vehicle.
17.
No taxicab license issued under the provisions of this By-law shall be
transferable, but the Owner of any taxicab desiring to obtain an taxicab
license for any new vehicle in substitution for a vehicle duly licensed
hereunder shall make an application in writing for such exchange to the
Chief Administrative Officer, giving a full description of the taxicab to be
retired from service, and a full description of the vehicle to be placed in
service in substitution therefore, along with any other material deemed
necessary by the Chief Administrative Officer and City Council on receipt
of such application, together with the report and recommendation of the
Chief Administrative Officer thereon, may permit the substitution of the
said new vehicle upon payment of a replacement fee as set out in
Schedule "A". In every such case a new taxicab license shall be issued
for the balance of that current year in respect of each such new or
substituted vehicle, and the original taxicab license shall be deemed to
be revoked.
18.
In the event of the death of a holder of a taxicab license, the death shall
be reported to the Chief Administrative Officer within seven (7) days of it
Page 10 of 19
happening, and the widow/widower, or if there is none, the children or
their guardians, or the beneficiary, shall have a period of six (6) months
within which to arrange for the continuance of the business without the
appropriate permit being suspended or cancelled.
19.
The City, in the case of a taxicab license being applied for pursuant to the
death of a license holder, shall require the Applicant, at his/her own
expense, to provide the Chief Administrative Officer with such necessary
information and materials as specified in this By-law in respect to the new
taxicab license in the same manner as though applying for the issuance
of an original license.
20.
Upon the expiry, or revocation of a taxicab license, the license and taxi
license plate shall be returned to the Chief Administrative Officer within
forty-eight (48) hours of the expiry or revocation of such license.
21.
A taxicab license may be held by an Owner who does not use the taxicab
license on an active licensed vehicle for a period of twelve (12) months
after which time the taxicab license and taxi license plate shall be
returned to the Chief Administrative Officer.
22.
If a taxicab license has been issued under this By-law and, prior to the
expiration of the taxicab license, an application for the renewal of the
taxicab license is received as herein provided, the Chief Administrative
Officer may issue a new taxicab license in accordance with the
application.
23.
No person shall enjoy a vested right in the continuance of a taxicab
license and upon the issuance, renewal, expiration, cancellation or
suspension thereof, the value of the taxicab license shall be the property
of the City.
24.
No Owner shall operate, or permit to be operated any wheelchair
accessible vehicle unless said vehicle:
a)
complies with R.R.O. 1990, Reg. 629 Entitled Vehicles for the
Transportation of Physically Disabled Passengers, pursuant to the
Highway Traffic Act; and
b)
complies with Canadian Standards Association Standards D409-
M84 (Motor Vehicles for the Transportation of Persons with
Physical Disabilities) or D409-92 (Motor Vehicles for the
Transportation of Persons with Disabilities); and
c)
has been furnished a valid certificate; and
d)
is in compliance with all aspects of this By-law.
6.
Vehicle Equipment and Maintenance
1.
Every owner of a Licensed Taxicab shall insure an operating taxicab
vehicle:
a)
is equipped with a spare tire and necessary equipment to make
change to; and
b)
is equipped with a first aid kit approved; and
c)
the exterior of the vehicle is clean in appearance as weather
dictates; and
d)
the interior of the vehicle is clean, dry and the upholstery is clean
and free of defects and tears; and
e)
is free from mechanical defects; and
f)
the exterior paint colour of the taxicab is of one colour as
described in the vehicle and free of paint defects.
Page 11 of 19
2.
Every taximeter, if there is one, shall be used when the seal therein is
attached, intact or after due notice has been given to the Chief
Administrative Officer and authority has been obtained to operate until
the taximeter has been resealed by the By-Law Enforcement Officer. If
there is a taximeter, it shall be clearly visible to the passengers at all
times. It shall be adjusted in accordance with Schedule "B" of this by-law
and shall be tested annually by the City of Pembroke's By-law
Enforcement Officers.
3.
Any subsequent resealing within a license year will be subject to a fee as
set in Schedule "A" of this By-law.
4.
Every taxicab shall be equipped with:
a)
The taxi license plate, which is to be prominently displayed on the
rear exterior of the vehicle and
b)
A photo identification card for the driver of the taxicab.
5.
Every Driver shall, on each shift before commencing driving, examine the
vehicle for mechanical defects and shall similarly examine the vehicle at
the end of each shift and, if they are not the Owner of the vehicle, report
forthwith to the Owner any mechanical defect of which they are or
becomes aware of.
6.
Every Owner shall check, immediately, any mechanical defects and shall
similarly examine the vehicle at the end of each shift.
7.
Every Owner shall check, immediately, any mechanical defect in their
vehicle reported to them by the Driver and shall not, in any case, operate
or permit to be operated any vehicle that is not in good mechanical
condition. Every Owner shall maintain their vehicles in a clean and
sanitary condition and in good repair. The Chief Administrative Officer
may, upon breach of this provision, notify the Owner to cease operating
the vehicle under the provisions of this By-law until such time as the
vehicle has been put into a clean and sanitary condition and in good
repair. The Owner shall upon such notice, cease to operate their vehicle.
7.
Vehicle Inspections
1.
Taxi Owners shall submit a Vehicle Safety Inspection Certificate from an
approved licensed mechanic, based on the year of the taxi vehicle as set
out below:
a)
New Vehicle to five (5) years - one (1) certificate per licensed year
b)
Six (6) to ten (10) years - two (2) certificates per licensed year
2.
Vehicle Safety Inspection Certificates are valid for thirty-six (36) days
after the date of issue.
3.
Under an order from the Chief Administrative Officer, any such taxicab
with or without a Vehicle Safety Inspection Certificate can be called into
regard for "Major Mechanical Defect" and subject to inspection by an
approved licensed mechanic and approved licensed facility so
determined by the Chief Administrative Officer. All such orders by the
Chief Administrative Officer shall be adhered to forthwith. All such orders
by the Chief Administrative Officer are declared a "deficiency notice". A
deficiency notice is issued in writing to the Owner of the taxicab and/or
the Driver. All costs for an inspection are borne by the taxicab owner. The
taxicab license plate and permit are seized until final determination of
inspection. Taxi Owners reserve the right to remove and cease to
operate the subject taxicab from operation and relinquish the license
plate and permit registered to the vehicle by the Chief Administrative
Officer, prior to an order for a vehicle inspection. Any such plate and
license will become null and void.
Page 12 of 19
8.
Revocation of Licenses
1.
The Chief Administrative Officer may revoke or suspend any license
issued under the authority of this By-law for non-compliance with the
provisions of this By-law or in cases where it is deemed in the best
interest of public safety. Any person whole license is suspended or
revoked may appeal to City Council.
2.
In the event of any license issued under this By-law being cancelled,
revoked or expired the previous holder thereof shall not, without approval
of the City, apply for another license before the lapse of six (6) months
from the date of such cancellation, revocation or expiration. Issuance of
a new license will have an expiry date consistent with the license time
period as outlined in this By-law.
3.
The Chief Administrative Officer may, at his discretion, continue the
suspension of a license should it be reinstated, revoked, or until the
completion of any investigation into the suspension of the license.
4.
The holder of any license that has been revoked, suspended or expired
shall forthwith surrender such license to the Chief Administrative Officer
and the Chief Administrative Officer shall have access to any premises,
vehicle or other property for the purpose of receiving or taking such
license.
9.
Records
1.
No taxicab driver while operating a taxicab shall obstruct hinder or delay
an OPP, Ministry of Transportation and/or By-law Enforcement Officer
from conducting examinations of the said taxi vehicle and its records
compliance required in this By-law.
10.
Passenger Fares
1.
Every person ordering or arranging to use a vehicle licensed under this
By-law shall pay the fare unless:
a)
the Owner or Driver has demanded more than the authorized fare,
charge or pre-negotiated fee; or
b)
such order or arrangement has been cancelled a reasonable time
prior to the service ordered or arranged for; or
c)
the driver and/or vehicle have not complied with all the
requirements of this By-law.
2.
In the event of a dispute between the Driver and a passenger, they shall
submit such a dispute to the Chief Administrative Officer and if such
dispute cannot be solved amicably, each party shall have his own
recourse according to the law.
3.
Any person employing a vehicle licensed under this By-law may require
the Driver thereof to furnish a receipt for the cash amount of the fare.
Such receipt shall include the driver's name, the name of the Owner of
the taxicab and the date of the transaction.
11. Penalties and Enactment
1.
Any person who contravenes any of the provisions of this by-law is guilty
of an offence and on conviction is liable to the fine or penalties set
opposite such provision in the table of Fines and Penalties as set out in
Schedule "C" of this by-law and/or a penalty pursuant to s. 61 of the
Provincial Offences Act, R,S.O. 1990, c. P.33, as amended.
Page 13 of 19
2.
If a section of this By-law may be found by any court of law to be bad,
illegal or beyond the powers of City Council to enact, such section thereof
shall be deemed to be separate and independent there from and shall be
enacted as such.
3.
Schedules "A", "B" and "C" and Appendix "A" and "B" are hereby adopted
and declared to form part of this By-law.
4.
That By-law 2014-11, By-law 2015-34, By-law 2016-25, By-law 2018-15,
By-law 2021-28 and By-law 2022-39 and any other By-law inconsistent
with the provisions contained in this By-law are hereby repealed.
5.
This By-law shall take effect and become in full force and effect upon the
day of the third reading and passage thereof.
Passed and enacted this 19th day of December 2023
Ron Gervais
Mayor
Heidi Martin
Clerk
Page 14 of 19
Schedule "A" to By-law 2023-88
Number
Type of Fee
Fee
1
Taxicab License
$500.00
2
Taxicab License Renewal
$200.00
3
Replacement License for Taxicab
$75.00
4
Unscheduled Resealing of a taximeter
$50.00
5
Late Fees for Taxicab License
$100.00
6
Unscheduled resealing of a taximeter
$50.00
Taxicab license pro-rated fee shall be the $500 fee divided by the remaining
months to the license expiry date.
Page 15 of 19
Schedule "B" to By-law 2023-88
1.
Maximum fee of five dollars and fifty cents ($5.50).
2.
After the first kilometer, each kilometer thereafter shall be a maximum of
three dollars and thirty cents ($3.30/km or $0.10 for every 30 metres).
3.
Waiting time: A maximum of twenty cents ($0.20) for each thirty (30)
seconds of waiting time requested by the passenger ($24.00 per hour).
Page 16 of 19
Schedule "C"
The Corporation City of Pembroke
By-law 2023-88 - Licensing and Operation of Taxicabs
Part I Provincial Offences Act
Item
Column 1 - Short Form Wording
Column 2 -
Provision
creating or
defining offence
Column 3 -
Set Fine
1
Driver - Fail to display, facing the
rear seat in clear view, valid taxi
driver photo identification card
S. 3 (1)
$85.00
2
Driver - Fail to furnish
identification and license upon
requires of officer
S. 3 (3)
$85.00
3
Driver purchase liquor - Fail to
possess valid LCBO license
S. 3 (5)
$100.00
4
Driver transporting liquor - Fail to
possess valid LCBO license
S. 3 (5)
$100.00
5
Driver/owner - Smoke product
containing tobacco in a
taxicab/stand
S. 3 (6) (a)
$300.00
6
Driver/owner - Hold lighted
tobacco product in a
taxicab/stand
S. 3 (6) (c)
$300.00
7
Driver - Fail to keep
interior/exterior of taxicab in clean
and sanitary condition or in good
repair
S. 3 (8) (a)
$85.00
8
Driver - Fail to provide full
information of passengers carried
S. 3 (8) (d)
$100.00
9
Driver - Fail to travel by most
direct route to point of destination
S. 3 (8) (g)
$100.00
10
Driver - Operate taxicab without
valid taxicab license
S. 3 (9) (a)
$300.00
11
Driver - Operate taxicab while
occupant is seated in position
without seat belt
S. 3 (9) (b)
$100.00
12
Driver - Operate taxicab with
passenger under the influence of
any intoxicant while not
accompanied by sober passenger
S. 3 (9) (c)
$100.00
13
Driver - Operate taxicab with
material piled to obstruct view
S. 3 (9) (d)
$85.00
14
Driver - Permit
immoral/indecent/disorderly
conduct in vehicle
S. 3 (9) (f)
$300.00
Page 17 of 19
Item
Column 1 - Short Form Wording
Column 2 -
Provision
creating or
defining offence
Column 3 -
Set Fine
15
Take on additional passengers
after taxicab has departed
S. 3 (9) (g)
$100.00
16
Possess radio frequency scanner
in taxicab
S. 3 (9) (h)
$85.00
17
Operate taxicab - Fail to adjust
meter with existing current rates
S. 3 (9)(j)
$100.00
18
Charge fare in excess of amount
recorded by taxi meter
S. 3 (9)(m)
$100.00
19
Out of town taxi operating without
license from home municipality
S. 3 (9)(o)
$300.00
20
Driver - Fail to keep daily trip
sheet
S. 3 (10) (a)
$85.00
21
Wash taxicab on city owned
property
s. 3 (10) (c)
$100.00
22
Taxicab - Exceed the age of 10
years
S. 4 (12)
$300.00
Note: The penalty provision for the offences listed above is Section 11 of By-
law 2023-88, a certified copy of which has been filed.
Page 18 of 19
Appendix "A" to By-law 2023-88
Part A
This form is to be completed by Taxicab Owners to be issued a Taxicab
License.
Name:
Company:
Phone Number:
Part B
To be used as a checklist for items required to be issued a Taxicab License:
o Vehicle Safety Certificate
o Proof of Vehicle Ownership
o Proof of Insurance
Page 19 of 19
Appendix "B" to By-law 2023-88
TAXICAB DRIVER'S PHOTO IDENTIFICATION CARD
Driver's Name:
Driver's License Number:
Taxicab Company:
Taxicab Company Phone Number:
Expiry Date: