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Legal Department
Office Consolidation
November 4, 2019
THE CORPORATION OF THE CITY OF SAULT STE. MARIE
BY-LAW 2011-161
TAXIS: (P.3.3.) A by-law to regulate, licence and govern vehicles used
for hire to convey passengers, including brokers, owners, and drivers of
taxicabs, limousines, wheelchair accessible vehicles and hotel shuttles.
THE COUNCIL of the Corporation of the City of Sault Ste. Marie hereby
ENACTS as follows:
1.
REGULATING VEHICLES USED FOR HIRE
The licensing, regulating and governing of vehicles used for hire to convey
passengers, including brokers, owners, and drivers of taxicabs,
limousines, wheelchair accessible vehicles and hotel shuttles, shall be
carried on in accordance with the attached by-law.
2.
BY-LAW 2005-154 REPEALED
By-law 2005-154 is hereby repealed.
3.
SCHEDULE "A" [Amended by By-law 2018-29, 2018-160, 2019-221]
Schedule "A" hereto forms part of this by-law.
(a) SCHEDULE "B" [Enacted by By-law 2019-194]
Schedule "B" hereto forms part of this by-law.
4.
EFFECTIVE DATE
This by-law comes into effect on the day of its final passing.
PASSED in Open Council this 12th day of September, 2011.
"Debbie Amaroso"
__________________________
MAYOR - DEBBIE AMAROSO
"Malcolm White"
__________________________
CLERK - MALCOLM WHITE
cf/by-laws/2011/taxi by-law 2011-161
OFFICE CONSOLIDATION
BY-LAW 2011-161
Amending By-laws to Taxi By-law 2011-161
By-law No.
Dated
Amendments
2011-200
December 5, 2011
Replaces Schedule A
Repealed by By-law 2018-29
2014-72
September 8, 2014
Replaces Schedule A
Repealed by By-law 2018-29
2015-72
April 27, 2015
Replaces Schedule A
Repealed by By-law 2018-29
2018-29
February 5, 2018
Replaces Schedule A
2018-160
July 16, 2018
Amends Subsection 6.1 (i) of Part
II and amends Tariff B
2019-194
October 7, 2019
Enacted Schedule "B"
2019-221
November 4, 2019
Amends Schedule A Part II 6.6
and Part III 7.0(x) deleted
Amends Schedule B Section 34(1(b)
- 1 -
Schedule "A"
TABLE OF CONTENTS
Part I
Definitions
2-5
Part II
Requirements and Issuance of Licenses
General
Broker/Owner Licenses
Vehicle Licenses
Driver's Licenses
6-9
9-12
12-14
14-17
Part III
Duties of Chief of Police
18
Part IV
Duties of Brokers and Owners
19-21
Part V
Driver's Duties and Responsibilities
22-25
Part VI
Vehicle Condition and Equipment
26-29
Part VII
Penalties and General
30
Part VIII
Tariffs
31-33
Part IX:
Tariff "A"
Schedule of License Fees
34
Tariff "B"
Taxicabs
35
Tariff "C"
Limousines
36
Tariff "D"
Enhanced Wheelchair or Ambulatory Service 37
Tariff "E"
Hotel Shuttle
38
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PART I
DEFINITIONS
2.1
(a)
"Accessible Taxicab" means a passenger vehicle that is an
accessible vehicle and that is licensed as a taxicab by a
municipality, as described in the Highway Traffic Act, R.S.O. 1990,
c. H.8 and regulations and amendments thereto
(b)
"Accessible Vehicle" means a passenger vehicle or a bus, other
than a school bus,
(i)
that is designed or modified to be used for the purpose of
transporting persons with disabilities and is used for that
purpose, whether or not the vehicle is also used to transport
persons without disabilities; and
(ii)
that is operated:
(1)
for compensation by, for or on behalf of any person,
club, agency or organization; or
(2)
not for compensation by, for or on behalf of any
person, club, agency or organization that holds itself
out as providing a transportation service to persons
with disabilities;
as described in the Highway Traffic Act and regulations and
amendments thereto
(c)
"Board" means the Sault Ste. Marie Police Services Board
(d)
"Broker" means a person who owns a vehicle for hire business
and operates his/her own vehicles and dispatches for other vehicle
owners operating under that broker's license
(e)
"Broker's License" means a license issued under the provisions
of this bylaw, authorizing a person operate a vehicle for hire
business as a Broker
(f)
"Chief of Police" means the Chief of Police of the City of Sault
Ste. Marie or his/her designate
(g)
"City" means the City of Sault Ste. Marie
(h)
"Corporation" means the Corporation of the City of Sault Ste.
Marie
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(i)
"Council" means the Council of the Corporation of the City of
Sault Ste. Marie
(j)
"Courtesy Shuttle" means a vehicle operated by a hotel or motel
to transport registered guests of the hotel free of charge
(k)
"Driver" means an operator or person with control of a vehicle
for hire, who is licensed under this by-law as such, or who is
required to be licensed under this by-law
(l)
"Licensed" means licensed under the provisions of this by-law
(m)
"Licensed premises" means the premises where the licensee
carries on his/her licensed operation
(n)
"Licensee" means a person licensed under this by-law
(o)
"Ontario Driver's License" means a license issued under the
authority of the Highway Traffic Act and regulations and
amendments thereto
(p)
"Owner" means any person owning, leasing or otherwise having
carriage or control of a vehicle for hire business, who is licensed
as such, or required to be licensed as such, under this by-law
(q)
"Owner's License" means a license issued under the provisions
of this bylaw, authorizing a person operate a vehicle for hire
business as an Owner
(r)
"Passenger" means any person in a licensed vehicle, other than
the driver
(s)
"Person" includes not only an individual, but also a partnership
and body corporate and any association and the heirs, executors,
administrators,
successors
and
assigns
or
other
legal
representatives thereof to whom the context may apply, and words
importing the singular shall include the plural and words importing
the masculine gender shall include the feminine
(t)
"Sale" means the sale of one or more vehicles in respect of which
licenses are issued by the Board, accompanied by an application
to the Board for the issue of a new license
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(u)
"Vehicle for Hire" means any motor vehicle kept or used for the
conveyance of passengers for a fee, or as a benefit to a service
for which a fee is charged. Vehicles for hire shall be classified as
one of the following: a taxicab, limousine, or wheelchair
accessible vehicle, or hotel shuttle
(i)
"Limousine" means a motor vehicle that is kept or used for
hire for hire for the conveyance of passengers for a fee and
is not equipped with a taximeter or a roof light
(ii)
"Taxicab" means a motor vehicle that is kept or used for
hire for the conveyance of passengers for a fee and is
equipped with a taximeter and a roof light, and includes a
Wheelchair Accessible Vehicle when that vehicle is being
used to provide Basic Wheelchair or Ambulatory Service
under a broker or owner's licence ("Wheelchair Accessible
Taxicab")
(iii)
"Wheelchair Accessible Vehicle" means a vehicle kept or
used for hire which is able to provide Wheelchair Service for
persons with mobility disabilities. The Wheelchair Accessible
Vehicle shall be able to pick up, transport and drop off a
person with a mobility disability without requiring them to
alight from their wheelchair
(iv)
"Hotel Shuttle" means a motor vehicle, owned or
contracted by the hotel, which transports hotel guests for a
fare to and from the airport to or from the hotel
(v)
"Vehicle for Hire Licence" means a license issued under the
provisions of this bylaw, authorizing a specific motor vehicle to be
used for the conveyance of passengers and driven or operated for
a fee, or as a benefit to a service for which a fee is charged. This
by-law will refer to "vehicle licence" which will mean the same as
Vehicle for Hire Licence
(w)
"Vehicle for Hire Driver's Licence" means a licence issued
under the provisions of this bylaw, authorizing a person operate a
vehicle for hire as a driver. This by-law will refer to "driver's
licence" which will mean the same as Vehicle for Hire Driver's
Licence
- 5 -
(x)
"Wheelchair Service" means a service established to provide
accessible transportation for persons with mobility disabilities, and
may be either:
(i)
"Basic Wheelchair or Ambulatory Service" which
means that the client is able to meet the vehicle in the
driveway of the pick-up location and able to manoeuvre at
the drop off location both without the assistance of the
driver; or
(ii)
"Enhanced Wheelchair or Ambulatory Service" which
means that the client must be assisted from an area other
than the driveway of the pick up location or the entrance of
the drop off location
- 6 -
PART II
Requirements and Issuance of Licenses
GENERAL
3.0
Every application required by this by-law, to be made to the Sault Ste.
Marie Police Services Board, shall be submitted to the Chief of Police to
be dealt with according to this by-law.
3.1
Every person acting in the capacity of a "vehicle for hire" driver,
owner or broker shall obtain the appropriate licence or licenses
issued by the Board by completing the requisite application and paying to
the Board the required fees.
3.2
Section 3.1 shall apply to every vehicle for hire driver, vehicle for
hire owner, and vehicle for hire broker engaged in the conveyance of
passengers from any point within the City to any point outside the City.
3.3
Every person who keeps a vehicle for hire shall obtain a licence issued
by the Board authorizing the use of the vehicle for the purpose indicated
on such licence and shall pay, at the time of taking out such licence, the
fee prescribed by this by-law. There shall be a separate licence taken
out for every vehicle operated by the owner.
3.4
Every application for a licence under this by-law shall be in writing,
signed by the applicant, on forms prescribed and supplied by the Chief of
Police, and:
(i)
shall be filed with the Chief of Police; and
(ii)
shall be accompanied by such information and material as may
reasonably be required by the Chief of Police.
3.5
The Chief of Police shall upon receipt of an application for a licence,
make or cause to be made all examinations and investigations required to
be made by this by-law or by the Board relative to such application and
shall forward the results of such application and investigations to the
Board, except as hereinafter provided.
3.6
Any member of the public, with the permission of the Board, may attend
and may make submissions to the Board concerning the granting of a
licence.
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3.7
The Board shall consider any application forwarded to it and, if satisfied,
that the issue of the licence would not result in a breach of the law or be
adverse to the public interest, and that the application is complete, the
Board shall direct the Chief of Police to issue the licence to the
applicant and the Chief of Police shall forthwith issue the licence to the
applicant.
3.8
The Board may refuse to grant a licence applied for or may grant a
conditional licence if the applicant signifies he/she is prepared to accept
the conditions imposed on his/her licence and to make no objection to
those conditions imposed by the Board and endorsed on his/her licence.
The Board shall, if requested, give any reason, in writing, for refusing any
license.
3.9
An applicant who has been refused a licence by the Board may apply to
the Board requesting it to hold a public hearing and such hearing will be
held in accordance with the Statutory Powers Procedure Act, R.S.O. 1990,
c. S.22, as amended.
3.10 All licenses issued under this by-law shall be issued by the Chief of
Police in the name of the Board on forms supplied by the Board and, if
any license is issued subject to conditions, such conditions, shall be set
forth on or attached to the licence. All licenses are property of the
Board.
3.11 No licence issued under this by-law is transferable, except with the
written permission of the Board.
3.12 No person shall enjoy a vested right in the continuance of a license and
upon the issue, renewal, transfer, cancellation or suspension thereof, the
value of a licence shall be the property of the Board.
3.13 The Chief of Police may replace any licence that is defaced, lost, stolen
or destroyed. The new license shall be granted provided the license
holder conforms to the conditions of this by-law. The replacement of any
licence is subject to a fee listed in Tariff "A".
3.14 In the event of the death of the holder of a broker or owner licence, an
authorized estate representative shall report the death, in writing to the
Chief of Police within 30 days of the death. The authorized estate
representative shall have a period of six months to arrange for the
appropriate licensing and continuance of the business without the existing
licence being suspended or cancelled.
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3.15 The Board, in the case of transfer being applied for pursuant to
paragraph 3.14, shall require the applicant, at his/her own expense, to
provide the Board with proof of death and the applicant's ability to
comply with all the provisions of this by-law respect to the transfer in the
same manner as though applying for the issuance of an original license.
3.16 If the Board approves the transfer pursuant to subsection 3.15, the
Board shall provide written approval to the transferee. The Chief of
Police shall endorse the license, once the transfer fee has been made.
3.17 In the event of a sale of a business or change of control in the
corporation referred to in paragraph 3.14 without the approval of the
Board, all licenses issued to such broker or owner shall become null
and void and shall be returned immediately to the Chief of Police.
Renewal/Expiry of Licenses - General
3.18 Every application for a renewal of a licence issued under this by-law shall
be in writing, signed by the applicant, on the prescribed form and shall
be:
(i)
filed with the Chief of Police by the date requested,
(ii)
shall be accompanied by the license fee in accordance with Tariff
"A"; and
(iii)
shall be accompanied by such information and material as may be
required by the Chief of Police.
3.19 Any licence issued under this by-law shall be in effect on the day of issue
and shall expire on the 30th day of March following the year of issue.
3.20 Where a licensee has not renewed his/her licence in accordance with
this by-law, such licence is null and void and of no further force or effect.
3.21 If a licence has been issued under this by-law and, prior to the expiration
of the licence, an application for renewal of the licence is received as
herein provided; the Chief of Police may issue a new licence in
accordance with the application.
3.22 Any licence issued under this by-law which is not renewed prior to March
30th, may be renewed prior to April 15th, subject to payment of a late fee
as set out in Tariff "A"
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3.23 Any request for renewal of a licence, which is received after April 15th,
will be referred to the next regular meeting of the Board for
consideration.
3.24 The Board may, upon written application by the holder of a licence
issued under this by-law, grant an extension of the deadline for renewal of
the licence.
3.25 The annual fee for licence applications and issued licence is as set
out in Tariff "A".
Suspension / Revocation of Licenses - General
3.26 The Board may revoke any licence issued under this by-law in its
discretion subject to the Statutory Powers Procedure Act, as amended.
The Board shall, if requested, give any reason, in writing, for suspending
or revoking any licence.
3.27 The Chief of Police may temporarily suspend any licence until the next
meeting of the Board for contraventions or safety concerns relative to the
type of licence in question.
3.28 The Chief of Police shall, if requested, give any reason, in writing, for
suspending any licence.
3.29 The Board may, in its discretion, continue the suspension of a licence
which has been suspended under paragraph 3.27 until the Board is
satisfied that the licence should be reinstated, revoked, or until the
completion of any investigation into the suspension of the licence.
3.30 In the event of any licence being suspended or revoked, the previous
holder thereof shall not be entitled to a new licence unless the Board
approves the granting of such new licence.
3.30 A person whose licence is suspended or revoked is deemed not to hold
a licence under this By-law and is subject to the General Penalty Section
11.2 of this by-law.
3.31 The holder of any licence that has been suspended or revoked shall
forthwith surrender such licence to the Chief of Police.
BROKER'S / OWNER'S LICENSES
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4.0
Every application for a broker or owner's licence shall be in writing,
signed by the applicant, on forms prescribed and supplied by the Chief of
Police and
(i)
shall be filed with the Chief of Police; and
(ii)
shall be accompanied by such information and material as may
reasonably be required by the Chief of Police.
4.1
The Chief of Police shall, upon receipt of an application for a broker or
owner's licence, make or cause to be made all examinations and
investigations required to be made by this by-law or by the Board relative
to such application and shall forward the results of such application and
investigations to the Board.
4.2
The Board shall consider any application forwarded to it and, if satisfied,
that the issue of the licence would not result in a breach of the law or be
adverse to the public interest, and that the application is complete, the
Board shall direct the Chief of Police to issue the licence to the
applicant and the Chief of Police shall forthwith issue the licence to the
applicant.
4.3
The Board shall, upon receiving an application for a broker or owner's
licence, cause the applicant to, at the applicant's expense, place an
advertisement in the local newspaper stating such application has been
made and giving the date of the next meeting of the Board. Such
advertisement shall be in a form as specified by the Board.
4.4
An application for a broker or owner's licence shall indicate the number
of vehicles for hire that will be operated under the licence and such
number shall include:
(i)
the broker's own vehicles;
(ii)
any vehicles operated by other owners; and
(iii)
the number of Accessible Taxicabs included in the number of
vehicles.
4.5
In the event that a licence is granted to an owner, the broker shall not
operate, or allow to be operated, any vehicles for hire in excess of the
number indicated by his/her application and approved by the Board.
4.6
No broker shall be issued any licence in excess of the number of
vehicles he owns plus the number of vehicles operated by independent
owners conducting business under the authority of that broker's
licence.
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4.7
Notwithstanding any other provision of this by-law, the Chief of Police
may issue an owner's licence to an applicant who will be operating
under another person's broker's licence, provided that the number of
licenses allotted by said broker's licence has not been filled. Such
owner's license will be issued on the condition the owner continues to
operate under the broker's licence indicated in the application. If the
owner discontinues operating under said broker, the licence shall
become void and of no effect.
4.8
No owner or broker's licence shall be issued to any broker or owner who
does not conform to Section 8.18 of this by-law.
Renewal/Expiry
4.8
Every application for a renewal of a broker or owner's licence shall be
in writing, signed by the applicant, on forms prescribed and supplied by
the Chief of Police, and:
(i)
shall be filed with the Chief of Police by the date requested; and
(ii)
shall be accompanied by such information and material as may
reasonably be required by the Chief of Police.
4.9
Prior to the expiry of the broker or owner's licence, at a time
designated by the Chief of Police, the broker or owner shall submit, at
no expense to the Board such information and material as may be
required by the Chief of Police to conduct or cause to be made all
examinations and investigations required to be made by this by-law or by
the Board relative to a broker or owner' licence renewal application.
Suspension/Revocation
4.10 The Chief of Police may temporarily suspend a broker or owner's
licence until the next meeting of the Board for:
(i)
for a contravention of this by-law;
(i)
any contravention of the Criminal Code, R.S.C., 1985, c. C-46, as
amended;
(ii)
any contravention of the Controlled Drugs and Substances Act, S.C.
1996, c. 19, as amended;
(iii)
any contravention of the Liquor Licence Act, R.S.O. 1990, c. L.19,
as amended, pertaining to the illegal sale or purchase of liquor; or
- 12 -
(iv)
circumstances, where in the opinion of the Chief of Police, there is
concern for public safety.
4.11 The suspension of the owner or broker's licence in accordance with
Section 4.10 will cause the suspension of all "vehicle for hire" licenses
issued to that owner or any vehicle for hire licenses that are issued to
independent vehicle owners operating under such broker.
4.12 The Board may, in its discretion, continue the suspension of a broker or
owner's licence, which has been suspended under paragraph 4.10, until
the Board is satisfied that the licence should be reinstated, revoked, or
until the completion of any investigation into the suspension of the
licence.
4.13 In the event that the holder of an owner or broker's licence does not
comply with Section 8.18 of this by-law by July 1, 2015, the Chief of Police
may suspend said of owner or broker's licence in accordance with Section
4.10 of this by-law.
VEHICLE LICENSES
5.0
An applicant for a vehicle licence:
(i)
shall provide evidence that the vehicle is currently licensed under
the authority of the Highway Traffic Act and regulations and
amendments thereto;
(ii)
shall provide a valid Safety Standards certificate for the said
vehicle;
(iii)
shall procure, in respect to each vehicle licensed under this by-
law, a policy of insurance endorsed to the effect that the Board
will be given fifteen days notice, in writing, of any cancellation,
expiry or change in the amount of the policy, and shall deposit a
copy or certificate thereof with the Board, and such policy shall be
kept in force as long as the vehicle remains licensed under this
by-law; and
(iv)
shall insure the owner and driver of any such vehicle against loss or
damage resulting from bodily injury or death to passengers as
well as others and against damage to property to a minimum of
one million dollars ($1,000,000.00) for all claims in any one
accident, exclusive of interests and costs.
- 13 -
5.1
If the vehicle licence is not purchased within 36 days from the date the
application is granted, the licensee shall, at the time the licence is
purchased provide proof that the vehicle is mechanically fit.
5.2
If required investigations and examinations into an application for a
vehicle licence do not disclose any reason why the application should not
be granted the Chief of Police shall issue such licence, unless in his/her
opinion, the granting of the licence shall be contrary to public interest.
5.3
If the Chief of Police determines that such vehicle licence should
not
be granted, he may refer the application and any results of any
investigation or examination to the Board for final decision.
5.4
The Chief of Police shall, upon issuing a vehicle licence, furnish to the
licensee, the vehicle licence, which shall be numbered and will set
forth the name of the licensee, the make, model, style, Ontario Licence
Plate number and the vehicle identification number or the vehicle.
5.5
A vehicle licence issued hereunder shall contain a description of the
particular vehicle to which it applies and it may not be altered or
otherwise made to apply to more than one specific vehicle.
5.6
Notwithstanding paragraph 3.11, where a vehicle for which a licence has
been issued, is replaced by another vehicle during the period for which
the licence was issued, a new licence shall not be necessary. A
transfer of the licence shall be granted provided the licence holder
conforms to the conditions of this by-law.
Renewal/ Expiry
5.7
Every application for a renewal of a vehicle licence shall be accompanied
by:
(i)
evidence that the vehicle is currently licensed under the authority
of the Highway Traffic Act and regulations and amendments
thereto;
(ii)
a valid Safety Standards certificate for the said vehicle; and
(iii)
evidence that the vehicle is insured according to this by-law.
5.8
Prior to the expiry of a vehicle licence, at a time designated by the Chief
of Police, the broker or owner shall submit, at no expense to the
Board, such information and material as may be required by the Chief of
Police, to conduct or cause to be made all examinations and
- 14 -
investigations required to be made by this by-law or by the Board relative
to a vehicle licence renewal application.
Suspension/ Revocation
5.9
The Chief of Police may temporarily suspend any vehicle licence until
the next meeting of the Board for any contravention of this by-law; or
where in the opinion of the Chief of Police, there is concern for public
safety as evidenced by the condition of the vehicle or defects that have
not been corrected.
5.10 The Board may, in its discretion, continue the suspension of a vehicle
licence, which has been suspended under paragraph 5.9 until the Board
is satisfied that the licence should be reinstated, revoked, or until the
completion of any investigation into the suspension of the licence.
DRIVER'S LICENSES
6.0
No person shall be granted a driver's licence under this by-law unless
they are the holder of a current minimum of an Ontario class "G" driver's
license issued under the authority of the, Highway Traffic Act and
regulations and amendments thereto.
6.1
The Board shall not grant a licence to any person:
(i)
who has a criminal record for which a pardon has not been
granted, save for wherein the individual has received a
discretionary exception from subsection 6.1 (i) by the Board;
[amended by By-law 2018-160]
(ii)
who has accumulated more than 9 demerit points under the
Highway Traffic Act and regulations and amendments thereto;
(iii)
who has been found guilty within the preceding three years of an
offence under the Liquor Licence Act, as amended, which offence
pertains to the unlawful sale or purchase of liquor; or
(iv)
where circumstances exist such that the Chief of Police is of the
opinion that it would be contrary to public interest.
6.2
Any person who holds a current driver's licence on the day that this by-
law becomes effective shall not be prohibited from holding or renewing
such licence by virtue of section 6.1(i) relative to any past criminal
proceedings.
- 15 -
6.3
Any person, however, applying for a driver's licence other than a
renewal, or replacement for a current lost, stolen or destroyed license
shall be subject to section 6.1(i) regardless if he or she has held a licence
under any previous by-law.
6.4
In addition to the foregoing, an applicant for a "vehicle for hire"
driver's licence:
(i)
shall be in possession of a current Ontario class "G" or higher
driver's licence issued under the authority of the Highway Traffic
Act and regulations and amendments thereto; and
(ii)
shall provide a letter from his/her potential employer, or business
with whom he has contracted, stating the employer's, or business',
name, address and owner's licence number and that the
applicant will be employed or contracted by him/her on a full-time
or a part-time basis, as the case may be.
6.5
Every application for a driver's licence shall be accompanied by:
(i)
two satisfactory photographs of the applicant;
(ii)
a certificate showing the date of birth of the applicant;
(iii)
proof that the applicant holds a valid Ontario driver's licence, class
"G" or higher issued under the Highway Traffic Act and regulations
and amendments thereto; and
(iv)
the application fee in accordance with Tariff "A"
6.6
[Deleted by By-law 2019-221]
6.7
An applicant that fails the examination or fails to show for the examination
without proper excuse, or without 48 hours notification prior to the
appointed time for the test, must commence a new application process
including the appropriate fees.
6.8
If required investigations and examinations into an application for a
driver's licence do not disclose any reason why the application should
not be granted, the Chief of Police shall issue such licence, unless in
opinion of the Chief of Police, the granting of the licence shall be
contrary to public interest.
6.9
If the Chief of Police determines the granting of such licence should
not be granted, he may refer the application and any results of any
investigation or examination to the Board for final decision.
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6.10 Upon being licensed, the licensee shall be furnished with a vehicle for
hire driver's licence, in the form of an identification card, signed by the
licensee in the presence of the issuer.
Renewal/ Expiry
6.11 Every application for a renewal of a driver's licence shall be
accompanied by:
(i)
proof that the applicant continues to hold a valid Ontario Driver's
Licence Class "G" or higher issued under the Highway Traffic Act
and regulations and amendments thereto;
(ii)
two satisfactory photographs of the applicant; and
(iii)
an application fee according to Tariff "A".
6.12 Prior to the expiry of the driver's licence, at a time designated by the
Chief of Police, the broker/owner shall submit such information and
material as may be required by the Chief of Police to conduct or cause
to be made all examinations and investigations required to be made by
this by-law or by the Board relative to a "vehicle for hire" driver's
licence renewal application.
6.13 If required investigations and examinations into a renewal application for
a driver's licence do not disclose any reason why the application should
not be granted, the Chief of Police shall issue such licence, unless in
his/her opinion, the granting of the licence shall be contrary to public
interest.
6.14 If the Chief of Police determines the granting of such licence should
not be granted, he may refer the application and any results of any
investigation or examination to the Board for final decision.
Lost, Destroyed or Stolen Driver's License
6.15 The Chief of Police may re-issue a driver's licence that has been
reported lost, stolen or destroyed. Prior to any driver's licence being re-
issued, the driver must continue to meet the conditions of this by-law,
including the conditions in section 6.1.
6.16 If required investigations and examinations into an application for a lost,
stolen or destroyed driver's licence do not disclose any reason why the
application should not be granted, the Chief of Police shall issue such
- 17 -
licence, unless in his/her opinion, the granting of the licence shall be
contrary to public interest.
6.17 If the Chief of Police determines the granting of such licence should
not be granted, he may refer the application and any results of any
investigation or examination to the Board for final decision.
6.18 Every application for a replacement of a driver's licence shall be
accompanied by:
(i)
proof that the applicant continues to hold a valid Ontario driver's
licence (minimum Class "G") issued under the Highway Traffic Act
and regulations and amendments thereto;
(ii)
two satisfactory photographs of the applicant; and
(iii)
a replacement fee according to Tariff "A".
Revocation / Suspension of a Licence
6.19 The Chief of Police may temporarily suspend any "vehicle for hire"
driver's licence until the next meeting of the Board for:
(i)
any contravention of the Criminal Code, R.S.C., 1985, c. C-46, as
amended;
(ii)
any contravention of the Controlled Drugs and Substances Act, S.C.
1996, c. 19, as amended;
(iii)
the accumulation of more than nine demerit points under the
Highway Traffic Act and regulations and amendments thereto, for
any contravention of this by-law; or
(iv)
in the opinion of the Chief of Police there is concern for public
safety as evidenced by driving history and record.
6.20 The Board may, in its discretion, continue the suspension of a driver's
licence, which has been suspended under paragraph 6.22 until the
Board is satisfied that the licence should be reinstated, revoked, or until
the completion of any investigation into the suspension of the licence.
6.21 The holder of any licence issued pursuant to this by-law and which has
been revoked or suspended shall forthwith surrender such licence to the
Chief of Police.
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PART III
DUTIES OF CHIEF OF POLICE
7.0
The Chief of Police shall be charged with the enforcement of the by-law,
and in connection therewith shall do or cause to be done the following:
(i)
shall, if requested, give any reason, in writing, for not granting,
suspending, or revoking any licence;
(ii)
report to the Board whenever he/she shall be required to do so;
(iii)
submit to the Board applications for broker/owner licenses and
necessary reports pertaining thereto;
(iv)
make all necessary inquiries in connection with the issuance of a
license or the suspension and revocation of licenses, as may be
required by this by-law;
(v)
ensure that a register of all licenses granted by the Board is kept
containing the name and address of the applicant and the number
of vehicles kept by the applicant, the amount paid for and the date
of the license, and such further records as the Board may order;
(vi)
furnish each person taking out a broker's licence or owner's
licence with a copy of this by-law;
(vii)
furnish, to every successful applicant, a certificate indicating the
application has been approved, such certificate to be presented to
the licence issuing office of the Civic Centre where the licence is
purchased;
(viii) cause investigations to be carried out in regards to violations of this
by-law;
(ix)
consider charges against persons who have violated any of the
provisions of this by-law;
(x)
[deleted by By-law 2019-221];
(xi)
cause inspections to be made of all taxicab meters to ensure they
are properly sealed and register accurately;
(xii)
take such other precautions as may be necessary to prevent
interference or tampering with the said meters or their registration;
and
(xiii) Receive all inspection reports required to be submitted regarding
Accessible Taxicabs, and ensure that all licence holders are
complying with the requirements herein.
- 19 -
PART IV
DUTIES OF BROKERS AND OWNERS
8.0
Every broker or owner, after he/she has received the licence approval
from the Board, shall report to the office of the Chief of Police and shall
provide any required information to complete the register.
8.1
Every broker or owner shall advise the Chief of Police of any change
of information that has been recorded in the register, within six days of
such change occurring. Such change shall include any "vehicle for hire"
that has begun or ceased to operate under the broker/owner licence.
8.2
Upon removing a vehicle from service that will not be replaced, the
broker or owner shall, within six days, attend at the office of the Chief
of Police and surrender the license held by him/her in respect of such
vehicle. If the said vehicle is a Wheelchair Accessible Vehicle, the
broker or owner shall ensure that the broker or owner complies with
Section 8.18 of this by-law. In the event the broker or owner does not
comply with Section 8.18 of this by-law, the Chief of Police shall suspend
the said broker or owner's licence in accordance with Section 4.10 of this
by-law.
8.3
Every broker or owner shall advise the Chief of Police within 6 days of
the hiring or terminating of any driver who holds a current licence under
this by-law.
8.4
Every broker and owner shall keep a record in the licensed premise of
the date, time, origin and destination of each trip, name of driver,
number of the vehicle for hire, and such records shall be retained for at
least twelve (12) months. Full information shall be given by the licence
holder to any police officer, upon request, with reference to the address of
house, or place, to and from which he has driven any passenger or with
reference to all matters within his/her knowledge relating to such
passenger.
8.5
Every broker or owner shall, to the best of his/her ability, ensure that all
requirements of this by-law relating to vehicle equipment, driver's
responsibilities, and licensing requirements are adhered to.
8.6
No broker or owner shall permit or allow any unlicensed vehicle for
hire, or driver not licensed under this by-law to operate under his/her
licence.
- 20 -
8.7
Every broker or owner shall ensure that vehicles operating under his/her
licence are operated in accordance with this by-law.
8.8
No broker or owner, licensed under this by-law, shall use another
broker's or owner's radio dispatch system.
8.9
Every broker or owner shall submit any vehicle licensed under this by-
law for any inspection required by the Chief of Police.
8.10 Every person obtaining a broker or owner's license under this by-law
shall keep his/her license or a copy thereof posted in some conspicuous
place in the licensed premises, and every person so licensed shall,
when requested by any person authorized by the Board, produce the
license for inspection.
8.11 Every licensee shall notify the Chief of Police within six days, in writing,
of any change of address or telephone number of the licensee, which
has previously been given to the Chief of Police.
8.12 Notwithstanding the previous section, no broker or owner licensed
under this by-law shall change the address of his/her business premises
without first obtaining approval from the Board. The request for approval
shall include written documentation as outlined in section 4.0 of this by-
law.
8.13 Notwithstanding Section 8.14 of this by-law, every broker/owner,
licensed under this by-law, shall:
(i)
have a telephone system;
(ii)
have its own radio system; and
(iii)
provide twenty-four hour per day service.
8.14 Clauses (ii), and (iii) of section 8.13 do not apply to the holder of a
broker or owner's licence, who only operates limousines or a hotel
shuttle under their licence.
8.15 Owners and Brokers are prohibited from charging higher fares or
additional fees for persons with disabilities than persons without
disabilities for the same trip and from charging a fee for the storage of
mobility aids or mobility assistive devices.
8.16 Owners and Brokers of taxi cabs place vehicle registration and
identification information on the rear bumper of the taxi cab.
- 21 -
8.17 Owners and Brokers of taxi cabs make available vehicle registration and
identification information in an accessible format to persons with
disabilities who are passengers.
8.18 (i)
Owners and Brokers whose business operates or contracts thirty-
five (35) or fewer vehicles under the owner or broker's licence shall
have a minimum of one (1) Wheelchair Accessible Taxicab available
for hire twenty-four hours per day for Basic Wheelchair or
Ambulatory Service.
(ii)
Owners and Brokers whose business operates or contracts more
than thirty-five (35) vehicles under the owner or broker's licence
shall have a minimum of two (2) Wheelchair Accessible Taxicabs
available for hire twenty-four hours per day for Basic Wheelchair or
Ambulatory Service.
- 22 -
PART V
DRIVER'S DUTIES AND RESPONSIBILITIES
9.0
No driver, licensed under this by-law, shall, while in charge of a vehicle
for hire:
(i)
operate a "vehicle for hire" while any condition referred to in this
by-law is not fulfilled, or while any licence required by this by-law
has not been obtained;
(ii)
solicit a person to take or use his/her vehicle for hire by calling
out or shouting or otherwise personally canvassing members of the
general public;
(iii)
employ or allow any runner or other person to assist or act in
concert with him/her in obtaining any passenger or baggage.
(Owners or Brokers may allow another employee to assist a
driver while he/she accompanies the driver for training purposes.);
(iv)
induce any passenger to employ him/her by knowingly deceiving,
misinforming, or misleading such passenger as to the time or
place of arrival or departure of any public conveyance, or the
location or distance to any building or place;
(v)
permit any person, other than the owner, an employee or person
contracted by the owner, to drive his/her vehicle; or
(vi)
take on any additional passenger after the "vehicle for hire" has
departed with one 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, or the "vehicle for hire"
is under contract being used to transport children to or from
school.
9.1
Every driver licensed under this by-law shall:
(i)
make available his/her trip record and give full information thereof
to any police officer on being required so to do;
(ii)
upon the request of any passenger, give in writing, his/her name,
number of license issued to him/her and the Ontario license plate
number of his/her vehicle and the business address of the company
for which the driver is employed;
(iii)
upon request of any police officer, provide full information as to
any passengers transported;
(iv)
take due care of all property delivered or entrusted to him/her and
accepted by him/her for conveyance or safekeeping;
(v)
shall immediately on termination of any hiring or engagement,
search his/her vehicle for any property lost or left therein and all
- 23 -
such property shall be forthwith delivered over to the person
owning the same, or if the owner cannot be found, then to the
officer in charge at the police station, with all information in his/her
possession regarding such property;
(vi)
travel by the most direct route to the point of destination, unless
otherwise directed by the passenger;
(vii)
constantly display clearly visible to any passenger, the driver
licence identification card as furnished by the Board under the
provisions of this by-law, and permit any person to note the driver's
licence number shown therein upon being requested so to do;
(viii) report forthwith to the dispatcher or the owner any accident in
which he was involved or any damage caused while operating the
vehicle and forthwith to the police as required by the Highway
Traffic Act and regulations and amendments thereto;
(ix)
while on duty, and upon request, surrender the "vehicle for hire
driver's licence to any police officer;
(x)
give his/her 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 damage has been caused by
him/herself or his/her vehicle;
(xi)
serve the first person offering to hire him/her, unless such person
owes him/her a fare for services or unless there is a justifiable
reason to do otherwise; and
(xii)
use his/her vehicle only for one specific trip for the transportation
exclusively of one person or group of persons, one fare or charge
only being charged and collected for the trip, unless all passengers
have agreed to share the taxi and fares.
9.2
Every driver shall, on each work shift before commencing driving,
examine for mechanical defects any vehicle for hire which he is to drive
during the shift, and shall similarly examine the same at the end of each
shift, and if he is not the owner of the vehicle for hire, shall forthwith
report to the owner, any mechanical defect of which he is or becomes
aware.
9.3
No driver of a "vehicle for hire" shall charge a fare other than in
accordance with this bylaw as set out in the Tariff "B" for taxicabs or
Tariff "C" for limousines, Tariff 'D" for Enhanced Wheelchair or
Ambulatory Service, or Tariff "E" for hotel shuttle service.
9.4
No driver or owner shall make any charge for the time lost through
defects or inefficiency of his/her vehicle for hire, or the incompetence of
the driver thereof, or for time consumed by early arrival of the vehicle for
- 24 -
hire in advance of the time requested by the person calling to request the
service.
9.5
Any person hiring a vehicle licensed under this by-law may require the
driver thereof to furnish him/her with a receipt for the cash amount of
the fare. Such receipt shall include, in addition to the cash amount:
(i)
the driver's name and "vehicle for hire" driver's licence number;
(ii)
the number of the driver's vehicle;
(iii)
the name of the owner or company; and
(iv)
the date of the transaction.
9.6
Every licensee shall notify the Chief of Police within six days, in writing,
of any change of address or telephone number of the licensee, which
has previously been given to the Chief of Police.
9.7
Every licensee shall notify the Chief of Police within six days, in writing,
of lost or destroyed "vehicle for hire" driver's licence.
9.8
Drivers are prohibited from charging higher fares or additional fees for
persons with disabilities than persons without disabilities for the same trip
and from charging a fee for the storage of mobility aids or mobility
assistive devices.
9.9
Drivers must place vehicle registration and identification information on
the rear bumper of the taxi cab.
9.10 Drivers must make available vehicle registration and identification
information in an accessible format to persons with disabilities who are
passengers.
9.11 While operating a Wheelchair Accessible Taxicab and transporting a
person with a mobility disability, all Drivers shall:
(i)
set up and operate any ramp, lift or other device to assist in the
ingress and egress of the person with a mobility disability to the
Wheelchair Accessible Taxicab;
(ii)
ensure that any passenger with a mobility disability is securely
fastened into the vehicle prior to travel; and
(iii)
shall remove the fasteners from the wheelchair to permit the
passenger to egress from the vehicle upon reaching the
destination.
- 25 -
9.12 While operating a Wheelchair Accessible Taxicab and transporting a
person with a mobility disability, Drivers are not responsible to:
(i)
lift any person from a wheelchair;
(ii)
reposition a person in a wheelchair;
(iii)
ensure that a person is properly secured to a wheelchair; or
(iv)
provide any additional assistance other than as outlined is Section
9.11 of this by-law.
- 26 -
PART VI
VEHICLE CONDITION AND EQUIPMENT
General
10.0 Every driver shall, on each work shift before commencing driving,
examine for mechanical defects any vehicle for hire which he is to drive
during the shift, and shall similarly examine the same at the end of each
shift, and if he is not the owner of the vehicle for hire, shall forthwith
report to the owner, any mechanical defect of which he is or becomes
aware.
10.1 Every broker or owner shall check immediately any mechanical defect in
his/her vehicle for hire reported to him/her by a driver and shall not, in
any case, operate or permit to be operated any vehicle for hire that is
not in good mechanical condition.
10.2 Every broker or owner shall maintain his/her vehicle in a clean and
sanitary condition and in good repair. The Chief of Police may suspend
the licence, upon breach of this provision, and notify the owner to cease
operating his/her vehicle under the provisions of this by-law until such
time as the vehicle has been put in a clean and sanitary condition and in
good repair. The owner shall, upon receipt of such notice, cease to
operate his/her vehicle; provided, however, that an owner be allowed
twenty-one (21) days to repair damage to the body of the vehicle as long
as such damage does not render the vehicle unsafe or unsightly. In the
event the owner is unable to repair the vehicle within the 21-day period
due to unavailability of time or materials, the owner may apply, in
writing, to the Chief of Police for an extension of time to repair the
vehicle.
10.3 Where the Chief of Police has made an appointment for the inspection
of a vehicle and if such vehicle is not produced at the time and place
appointed for such inspection, the Chief of Police may, notwithstanding
anything else contained in this by-law, suspend the vehicle license in
respect of such vehicle for hire until such time as the vehicle for hire
has been tested, inspected and approved.
10.4 No taxicab, for which the model year is more than five years old from
the date of manufacture, may be licensed as a vehicle for hire.
10.5 Notwithstanding section 10.4, a broker or owner may make application
to the Chief of Police to allow for the licensing of a vehicle of which the
- 27 -
model year exceeds the limits in section 10.4. Upon such application the
Chief of Police shall inspect, independent of the mechanical safety
inspection, the vehicle at a cost set out in Tariff "A", payable to the Police
Service and cause a motor vehicle safety inspection certificate in regards
to such vehicle be surrendered at the expense of the broker or owner,
10.6 No owner or broker shall use or permit to be used a "vehicle for hire"
owned by him/her which has a colour scheme or emblem that simulates
an emergency vehicle.
10.7 Vehicles for hire shall not be equipped with a radio or other device
capable of monitoring calls from other companies.
Taxicabs
10.8 Every taxicab shall be equipped by the broker or owner thereof with a
taximeter of a type approved by the Chief of Police and so located in
the taxicab as to be clearly visible to the passengers at all times.
10.9 All taximeters shall be:
(i)
numbered;
(ii)
attached to the vehicle in a location and manner as approved by
the Chief of Police;
(iii)
adjusted in accordance with the tariff provided by this by-law;
(iv)
tested by running the taxicab in which it is attached over a
measured track or distance before being sealed, or by such other
mechanical means as approved by the Chief of Police;
(v)
submitted to the Chief of Police whenever he deems it necessary
for testing, inspection and further sealing;
(vi)
kept in good working condition at all times with its seal intact,
(vii)
used for no longer than twelve months without re-testing and re-
sealing unless permitted by the Chief of Police; and
(viii) clearly illuminated so as to easily be visible by passengers in the
taxicab between dusk and dawn.
10.10 No taxicab shall be operated when the taximeter is out of order,
defective in any way, or where the seal has been broken or tampered with
in any manner.
10.11 Notwithstanding section 10.11, a taxicab may be operated with the
meter unsealed if repairs have been made to the meter by a person who
carries on the trade of repairing such meters, or by an broker or owner
- 28 -
who customarily repairs his/her own meters, subject to the following
conditions:
(i)
the owner must notify the Chief of Police within 6 days of the
meter being unsealed;
(ii)
the meter has been repaired or replaced and is working properly;
and
(iii)
the owner has requested the Chief of Police to test and seal the
meter.
10.12 Every taxicab shall be equipped with an electric sign securely fastened to
the roof of the taxicab. The electric sign shall indicate that the vehicle is
a taxicab and display the trade name under which it operates or the
name of the broker or owner under whose licence the taxicab is
being operated.
10.13 Every electric sign indicated in paragraph 10.12 shall be illuminated to
indicate that it is available unless the taxicab has been hired. Upon hire,
dependent on the design of the electric sign, either the sign shall be
extinguished and the in-service light shall come on or the electric sign
shall change colour.
10.14 Notwithstanding the foregoing, the electric sign and in-service lights may
be removed when the taxicab has been hired for a wedding or a funeral,
or the vehicle is being operated by an owner or a member of the
owner's immediate family for personal use.
10.15 Notwithstanding section 10.12 where a vehicle if of such design that the
lights cannot be securely attached to the roof, the lights may be displayed
in a manner approved by the Chief of Police.
10.16 Every taxicab shall have:
(i)
the name of the broker or owner under whose licence the
taxicab is being operated or the trade name under which it
operates, prominently displayed on both sides and the rear of the
exterior of the vehicle;
(ii)
the number of the taxicab prominently displayed on the dash and
on the exterior of the vehicle on both sides and on the rear;
(iii)
the rate of fare posted in a prominent place clearly visible to all
passengers; and
(iv)
no-smoking signs posted in a prominent place and clearly visible to
all passengers.
- 29 -
Limousines
10.17 Every limousine shall have:
(i)
the name of the broker or owner under whose license the
limousine is being operated or the trade name under which it
operates, prominently displayed on the exterior of the vehicle;
(ii)
the rate of fare posted in a prominent place which is clearly visible
to all passengers; and
(iii)
no smoking signs shall be posted in a prominent place and clearly
visible to all passengers.
Wheelchair Accessible Service Vehicles
10.18 Every Wheelchair Accessible Vehicle shall conform with the requirements
in the Highway Traffic Act and regulations and amendments thereto.
10.19 In addition to Section 10.18, every Wheelchair Accessible Vehicle shall
have:
(i)
Approved wheelchair tie-downs;
(ii)
No-smoking signs posted in a prominent place and clearly visible to
all passengers;
(iii)
The name of the owner or broker under whose licence the vehicle
is being operated clearly displayed on the exterior of the vehicle;
and
(iv)
The number of the vehicle clearly displayed both on the inside and
exterior of the vehicle.
Hotel Shuttles
10.20 Every Hotel Shuttle Vehicle shall have:
(i)
the hotel insignia clearly displayed on the vehicle:
(ii)
the fare to or from the airport clearly displayed
(iii)
no smoking signs posted in a prominent position and clearly visible
to all passengers
- 30 -
PART VII
PENALTIES AND GENERAL
11.0 Brokers and owners shall conduct their businesses in full accordance
with this and all municipal, provincial, and federal by-laws, rules,
regulations, and codes.
11.1 Every licensee may be charged with and convicted of an offence under
this by-law for which he him/herself, an employee, or agent is subject to
be charged and upon conviction the licensee is liable to the penalty
prescribed for the offence.
11.2 Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable to a penalty in accordance with the
provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended.
11.3 By-law No. 154-2005 of the Board is hereby repealed.
11.4 The repeal of by-law 2005-154, as amended, shall not affect any offence
committed against the provisions of said by-law, prior to the enactment of
this by-law, or any penalty incurred in respect thereof or any investigative
proceedings thereunder.
11.5 If any section of this by-law is found by any court of law to be defective,
illegal or beyond the powers of the Board to enact, such section thereof
shall be deemed to be separate and independent therefrom and to be
enacted as such.
11.6 Tariffs "A", "B", "C", "D" and "E" are hereby adopted and declared to form
part of this by-law.
11.7 This by-law takes effect on the day of its final passing.
- 31 -
PART VIII
TARIFFS
General
12.0 The Police Services Board will review all tariffs every 24 months.
12.1 The rate or fares to be charged by the brokers, owners or drivers of
taxicabs, limousines, Enhanced Wheelchair or Ambulatory
Service or hotel shuttles shall be exactly as shown in Tariff "B", Tariff
"C", Tariff "D", or Tariff "E" respectively and no greater or lesser amount
shall be demanded or received.
12.2 No broker, owner or driver shall be entitled to recover or receive any
fare or charge from any person that is not authorized by this by-law.
12.3 A broker or owner may request in writing to the Chief of Police, for an
exemption to Tariff "B", "C", D" or "E" to perform charity work within the
community. The Chief of Police may approve such a request after all
investigations have been completed. The Chief of Police shall, if
requested, give any reason, in writing, for not granting such a request.
12.4 No owner or driver shall publish or use a tariff that is not authorized by
this by-law, whether such rates and charges are determined by distance
or by time.
12.5 The tariff or rates authorized herein shall be computed from the time the
passenger(s) first enters the vehicle for hire until the passenger(s)
discharges the vehicle for hire.
Taxicabs
12.6 When operating on a meter basis, the rate of the fare shall be posted and
clearly visible to any passenger in the vehicle and charged exactly as
shown by the taximeter authorized by Tariff "B".
12.7 The drop rate and meter rate shall be within the range authorized in Tariff
"B", and shall be consistent for all taxicabs and shall be in effect for a
minimum of three (3) months.
12.8 Brokers or owners who choose to change the drop rate or meter rate as
authorized in Tariff "B" shall first provide two (2) weeks written notice to
the Chief of Police.
- 32 -
12.9 At the conclusion of a trip, the driver of a taxicab shall call the
passenger's attention to the amount of the fare registered on the meter.
Limousines
12.10 The rate increase allowable authorized in Tariff "C" shall be consistent for
each limousine and shall be in effect for a minimum of three (3) months.
12.11 Brokers or owners who choose to change the hourly rate authorized in
Tariff "C" shall first provide two (2) weeks written notice to the Chief of
Police.
Enhanced Wheelchair or Ambulatory Service
12.12 Drivers shall advise the passenger of the fee as established by Tariff "D"
at the commencement of the trip.
12.13 Wheelchair accessible vehicles used for Enhanced Wheelchair or
Ambulatory Service shall not be used to transport persons for a fare other
than those who have a disability and their companions.
Exceptions to Tariffs
12.14 Tariff "B", Tariff "C", Tariff "D", or Tariff "E" shall not apply where the
vehicle for hire broker or owner is operating under a valid contract
between the broker or owner and a recognized school board or an
organization which handles the transportation of people with disabilities.
12.15 Tariff "B", Tariff "C", Tariff "D", or Tariff "E" outlined in this by-law shall
not apply to vehicles for hire operating under a valid contract with a
municipal, provincial or federal government agency or a bona fide limited
or incorporated company.
12.16 No such exemption as stated in Section 12.14 and 12.15 shall be allowed
prior to copies of dually executed contracts, or other proof of contract
suitable to the Chief of Police, have been filed and approved by the Chief
of Police.
12.17 Vehicles for hire being used for the transportation of passengers with a
destination of more than 5 kilometres outside of the city limits of Sault
Ste. Marie, may agree with the driver, before the start of the trip to a flat
rate, but the flat rate trip must be recorded on the trip sheet prior to the
start of the trip.
- 33 -
12.18 Nothing in this by-law prohibits the use of a licensed hotel shuttle vehicle
from being used as a "Courtesy Shuttle" provided it complies with the
definition of courtesy vehicle in Part 1 of this by-law.
Services That Are Exempt from This By-law
12.19 Vehicles operated by the following organizations are exempt from this
bylaw:
(i)
Emergency Medical Services (Ambulance);
(ii)
Funeral Homes when using vehicles as part of funeral proceedings;
(iii)
Retirement Homes providing transportation for their own clients in
vehicles leased or owned by the organization;
(iv)
Charter services as set out in Sault Ste. Marie By-law 85-93, as
amended;
(v)
School buses;
(vi)
Community Living Algoma providing transportation for their own
clients in vehicles leased or owned by the organization; and
(vii)
Sault Ste. Marie Transit.
12.20 The Board may consider an application from another organization not
listed above for an exemption from this bylaw.
12.21 The Board may exempt any organization from this by-law where after all
investigations and examinations have been completed it is the opinion of
the Board, it is not contrary to public interest to do so.
- 34 -
PART IX
TARIFF "A"
SCHEDULE OF LICENSE FEES
1.
*New Owner Licence / Owner Licence Late Renewal
$400.00
2.
*Owner Licence Renewal
$100.00
3.
*New Broker Licence / Broker Licence Late Renewal
$400.00
4.
*Broker Licence Renewal
$100.00
5.
New Hotel Shuttle Owner/ Hotel Shuttle Owner Late Renewal
$200.00
6.
Hotel Shuttle Owner Renewal
$50.00
7.
New Vehicle Licence / Vehicle Licence Late Renewal (All
owner's licenses includes first vehicle)
$100.00
8.
Vehicle Licence Renewal
$50.00
9.
Vehicle Licence Transfer Application (Vehicle for vehicle)
$25.00
10.
Driver Licence Application and Examination Fee (Due prior to
processing and is non-refundable)
$15.00
11. Driver Licence Renewal
$25.00
12. Driver New Licence - Late Renewal
$40.00
13. Inspection Fee for Taxicab Where Model Year Exceeds 5
Years
$100.00
14. Replacement of any lost/defaced licence
$15.00
15. Copy of By-Law ( Every owner entitled to a copy inclusive with
licence)
15.00
* Rates 1-4 apply to All Vehicles for Hire except Hotel Shuttles
- 35 -
TARIFF "B" [amended by By-law 2018-160]
RATES AND FARES FOR TAXICABS, INCLUDING BASIC
WHEELCHAIR OR AMBULATORY SERVICE
For conveyance of goods or passengers by taxicabs within the City of Sault
Ste. Marie or to any point not more than 5 kilometres beyond its limits.
BY METER - TAXICABS
For the first one-tenth of a kilometre or part thereof............... Minimum $3.90
A range of each additional one-fifteenth to one-thirtieth kilometre......... $0.10
For waiting time, while under engagement, for each 15 seconds including time
that the vehicle is stopped in traffic, but not to include a three minute grace
period while waiting on a call at a private residence .............................. $0.1875
There will be no charge for hand luggage or for other parcels that are carried
inside the vehicle with the passenger.
Such rates and fares under this part shall include applicable taxes at the current
rate.
Notice Regarding Included Taxes
The broker/owner and driver shall ensure that all vehicles licensed under
this by-law and subject to rates and fares under Tariff "B", display a notice
informing the passenger that the tariff includes ALL applicable taxes.
- 36 -
TARIFF "C"
RATES AND FARES FOR LIMOUSINES
For conveyance of goods or passengers by limousine within the City of Sault
Ste. Marie or to any point not more than 5 kilometres beyond its limits.
LIMOUSINE:
Limousine drivers or operators shall charge an hourly minimum of $90.00 at a
minimum of one half hour service.
FLAT RATES:
Flat rates may be charged for trips to a destination more than 5 kilometres
beyond the city limits of Sault Ste. Marie, Ontario.
NOTICE REGARDING INCLUDED TAXES:
ALL rates and fares under Tariff "C" are to include all applicable taxes at the
current rate.
The broker/owner and driver shall ensure that all vehicles licensed under
this by-law and subject to rates and fares under Tariff "C", display a notice
informing the passenger that the tariff includes ALL applicable taxes.
- 37 -
TARIFF "D"
RATES AND FARES FOR ENHANCED WHEELCHAIR OR
AMBULATORY SERVICE
The following fares shall apply only when transporting persons who require
Enhanced Wheelchair or Ambulatory Service. All fares are for one way travel and
are inclusive of all applicable taxes.
ENHANCED WHEELCHAIR OR AMBULATORY SERVICE
WITHIN MUNICIPAL BOUNDARIES
$30.00
TO/FROM SAULT STE MARIE AIRPORT AND WITHIN MUNICIPAL LIMITS $30.00
The broker/owner and driver shall ensure that all vehicles licensed under
this by-law and subject to rates and fares under Tariff "D", display a notice
informing the passenger that the tariff includes ALL applicable taxes.
- 38 -
TARIFF "E"
HOTEL SHUTTLE SERVICE
HOTEL SHUTTLE SERVICE IS ALLOWED TO TRANSPORT HOTEL GUESTS TO
AND FROM THE HOTEL TO AND FROM THE SAULT STE MARIE AIRPORT.
The fee charged FOR THE ABOVE SERVICE may be determined by the owner of
the hotel shuttle service.
The owner and driver shall ensure that all vehicles licensed under this by-law
and subject to rates and fares under Tariff "E", display a notice informing the
passenger that the tariff includes ALL applicable taxes.
[enacted by By-law 2019-194]
SCHEDULE "B" to By-law 2011-161
PERSONAL TRANSPORTATION PROVIDERS
DEFINITIONS
1.
In this Schedule:
"business day" means a day on which the City's administrative offices are open for
business;
"Class A" means a PTP consisting of a fleet of 36 or more vehicles;
"Class B" means a PTP consisting of a fleet of 35 or fewer vehicles;
"facilitating" in all its forms includes but is not limited to offering, operating or providing;
"personal transportation provider" means any person facilitating prearranged
transportation services for compensation using any platform to connect passengers with
PTP driver and may also be referred to as a "PTP";
"private transportation company" means any person that offers, facilitates, or operates
prearranged transportation services for compensation, from a point in the City of Sault
Ste. Marie, to any point within or beyond the City of Sault Ste. Marie, using any software
or application or telecommunications platform or digital network to connect passengers
with PTC Drivers, excluding a licensed taxicab using an app, and may also be referred to
as "PTC" for the purposes of this by-law;
"personal transportation provider driver" means any person affiliated with a PTP who
transports passengers for compensation using a PTP platform and may also be referred
to as a "PTP driver:;
"personal transportation provider identifier" means a sign, including a decal,
displaying the logo or name of the PTP through which a PTP driver is providing
transportation service to passengers, and such other information as required by the Chief
of Police or his/her designate, in a form approved by the Chief of Police or his/her
designate and may also be referred to as a "PTP identifier";
"personal transportation provider licence" means a licence issued to a PTC under this
Schedule and may also be referred to as a "PTP licence";
"personal transportation provider vehicle" means a motor vehicle used by a PTP
driver to provide transportation to a passenger using a PTP platform and may also be
referred to as a "PTP vehicle";
"platform" means any software, technology, or service, including a smartphone
application, intended to connect passengers with transportation service;
"solicit" means any appeal for customers or passengers by sounds, words, signs, or
gestures directed at any person;
"street hail" means any appeal for a ride by any person using sounds, words, signs, or
gestures directed at a PTP driver, but does not include communication over a PTP
platform; and
"transportation service" means each prearranged trip in a PTP vehicle commencing
when a passenger enters the vehicle, continuing for the period that the vehicle is
continuously occupied, and ending when all passengers or goods exit the vehicle.
APPLICATION OF SCHEDULE
2.
This Schedule does not apply to:
a) taxicab services dispatched by a licensed taxicab broker and taxicab services provided
by a licensed taxi plate holder or a licensed taxicab driver under the authority of By-
law 2015-72;
b) limousine services provided by a limousine service provider;
c) a motor vehicle used as part of a transit system provided by the City of Sault Ste. Marie
such as the public transit service;
d) a person who facilitates "carpooling" as defined by the Public Vehicles Act; or
e) an emergency motor vehicle including but not limited to ambulance, fire department
vehicle, or police vehicle.
GENERAL PROHIBITIONS AND OBLIGATIONS
3.
No person shall hold themselves out to be a PTP or shall engage in the business of a PTP
unless they hold a current and valid PTP licence.
4.
No person shall facilitate or make any representations as a PTP or a PTP driver unless
authorized to do so by a PTP licensed by the City.
5.
No PTP shall permit or condone the acceptance of street hails or the solicitation of
passengers by PTP drivers, whether on the street or at a taxi stand or in any other manner
at any other location.
6.
No PTP shall facilitate a transportation service for compensation using any platform to
connect any passenger with a driver or with a vehicle that does not comply with this
Schedule.
7.
No PTP shall permit an affiliated PTP driver to provide transportation services if the PTP
driver does not have the insurance required under this Schedule.
8.
No PTP shall permit and no PTP driver shall accept payment by cash for a transportation
service facilitated by the PTP.
9.
No PTP and no PTP driver shall permit any person to smoke in the PTP vehicle while it is
providing transportation services.
10.
Every PTP and PTP driver shall ensure that the identification card required under
subsection 22(1):
a) in the PTP vehicle at all times when transportation services affiliated with the PTP are
offered or provided; and
b) is produced immediately upon demand of a Municipal Officer;
11.
On demand of the Chief of Police or his/her designate, the PTP driver shall:
a) produce any of the following:
i) the PTP driver's identification card;
ii) valid insurance that meets the requirements of this Schedule; and
iii) any other information pertaining to the PTP driver or the operation of the PTP
vehicle as requested by the Municipal Officer.
b) submit the PTP vehicle operated by the PTP driver for inspection at a time and location
specified by the Chief of Police or his/her designate.
12.
Every person, PTP or PTP driver who contravenes this Schedule is a guilty of an offence
in accordance with Part III & VII of Schedule "A" of By-law 2011-161.
PTP LICENSING
13.
Every person who owns or operates a PTP shall obtain a PTP licence.
14.
An issued PTP licence is not transferable and remains at all times the property of the City.
15.
An application for a new PTP licence shall be made in accordance with Part II of Schedule
"A" of By-law 2011-161 and the fee set out in Tariff "A" of Schedule "A" paid in full, as
applicable.
16.
In addition to complying with Part II of Schedule "A" of By-law 2011-161, an application for
a new PTP licence shall be accompanied by:
a) if the applicant is a corporation, proof that it is legally entitled to operate in Ontario,
including but not limited to:
i) a copy of the incorporating documents;
ii) a copy of the last initial notice/notice of change which has been filed with the
appropriate government department;
iii) a Certificate of Status is issued by the Ministry of Government and Consumer
Services; and
iv) a certified copy of an annual return and a list of all shareholders of the
corporation.
b) 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;
c) adequate demonstration that there are data security measures in place to protect the
personal data collected by the PTP relating to passengers and drivers, to the
satisfaction of the Chief of Police or his/her designate;
d) proof of the insurance required under this Schedule to the satisfaction of the Chief of
Police or his/her designate; and
e) any other information as required by the Chief of Police or his/her designate.
17.
Every PTP shall:
a) provide the Chief of Police with notice when the number of vehicles in the PTP's fleet
increases to more than 24 or to more than 99 vehicles immediately; and
b) pay the full difference between the fee paid when the licence was issued with 2
business days of providing notice.
18.
If a PTP's fleet decreases during the term of the Licence, the City will not provide a refund
or pro-rated amount to the PTP.
Licence Renewal
19.
In addition to complying with Part II of Schedule "A" of By-law 2011-161, an application for
a renewal PTP licence shall be accompanied by:
a) a completed renewal application;
b) proof of the insurance required under this Schedule to the satisfaction of the Chief of
Police or his/her designate;
c) adequate demonstration that there are data security measures in place to protect the
personal data collected by the PTP relating to passengers and drivers, to the
satisfaction of the Chief of Police or his/her designate;
d) documentation demonstrating the number of vehicles in the PTP fleet on the date of
renewal so as to determine if the PTP is a Class A or Class B; and
e) any other information required by the Chief of Police or his/her designate.
PTP REQUIREMENTS
Information to Passengers
20.
Every PTP shall ensure the platform used:
a) at the time the transportation service is arranged, can provide to the passenger
requesting the transportation service:
i) the PTP name and contact information;
ii) the first name and photograph of the PTP driver;
iii) a description of the make, model and licence plate of the PTP vehicle;
iv) the surcharge, if any;
v) an estimate of the total cost; and
vi) the current location of the PTP vehicle.
b) provides a link to rate or provide comment of PTP driver and PTP 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 a secure payment mechanism;
e) provides a printed or electronic receipt to the passenger at the end of the transportation
service that includes information confirming:
i) the fare rate and/or surcharges;
ii) total amount paid;
iii) date and time of pickup;
iv) locations where the passenger was picked up and dropped off; and
v) the first name of the PTP driver.
21.
Every PTP shall make available to the public on its platform, and by any other means of
its choice, the following information:
a) the automobile liability insurance coverage required to be maintained by the PTP and
by the PTP drivers;
b) the transportation services offered by PTP drivers;
c) the applicable screening process for PTP drivers and PTP vehicles;
d) that PTP drivers can only provide transportation services that are prearranged using
the platform of the PTP and cannot accept street hails or pick up fares at taxi stands;
and
e) that PTP drivers cannot accept cash payment for transportation services.
Identification
22(1) Every PTP shall issue to every affiliated PTP driver a current and up-to-date
identification card in written or electronic form providing the following information:
a) the first and last name and photograph of the PTP driver;
b) the make, model and licence plate number of the PTP vehicle used by the PTP driver
affiliated with the PTP; and
c) the name and contact information of the PTP with which the PTP driver is affiliated.
(2) Every PTP shall issue to every affiliated PTP driver a PTP identifier, to be located in the
front windshield of the PTP vehicle and visible from the exterior at all times while offering
or providing transportation services.
Data Collection Records
23(1) Every PTP shall create and maintain records of the following information:
a) the total number of transportation services provided by the PTP, annually;
b) the total number of PTP drivers providing a transportation service, annually;
c) the total number of PTP vehicles providing a transportation service, annually;
d) the PTP driver and PTP vehicle information corresponding with each requested
transportation service including:
i) the full name of the PTP driver;
ii) the licence plate number of the PTP vehicle;
iii) the date, time and duration of the transportation service;
iv) the location where the passenger was picked up and dropped off; and
v) the hours and minutes spent by the PTP vehicle transporting the passenger(s),
including time spent enroute to pick up the passenger(s).
(2) All information under subsection 23(1) is required to be kept by the PTP for 3 years from
the date the information is created.
24.
Every PTP shall make the records in subsection 23(1) available electronically to the Chief
of Police or his/her designate within 2 business days following a demand in writing by the
Chief of Police or his/her designate.
Access to Software or Platform
25.
A PTP shall be required, if requested by the Chief of Police or his/her designate, to create
anonymous passenger and driver accounts to be used by Municipal Officers for inspection
purposes to ensure compliance with this Schedule.
Insurance
26(1) Every PTP shall obtain and maintain while licensed under this Schedule 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;
ii) products and completed operations liability;
iii) contingent employers liability; personal injury, owners and contractors protective
coverage;
iv) broad form property damage; occurrence property damage; and
v) employees as additional insurer, and cross liability and severability of interest
provision.
b) such Commercial General Liability policy shall be in the name of the PTP and the City
of Sault Ste. Marie shall be named as an additional insured;
c) the PTP shall also obtain Non-Owned Automobile Insurance with limits of not less than
Five Million Dollars ($5,000,000.00) per occurrence; and
d) the insurance required under subsections (a) and (c) shall contain an endorsement to
provide the City of Sault Ste. Marie no less than 30 days prior written notice, from the
insurer, of any cancellation.
(2) a) It is a condition of a PTP licence that the PTP comply with subsection 26(1) at all times.
b) The PTP licence shall be suspended if the PTP fails to comply with subsection 26(1)
until such time as the PTP satisfies the Chief of Police or his/her designate that there
is full compliance.
c) The PTP shall provide the Chief of Police or his/her designate with such information
as the Chief of Police or his/her designate shall require to demonstrate that subsection
26(1) is being complied with.
Requirements Related to PTP Driver
27.
In addition to Part IV & V of Schedule "A" to By-law 2011-116, as applicable, every PTP
shall keep an up-to-date list of every affiliated PTP driver and PTP vehicle in a readily
accessible format that includes:
a) the full name and address of every PTP driver; and
b) the make, model and licence plate of every PTP vehicle.
28.
Every PTP shall ensure that an affiliated PTP driver meets the following requirements prior
to commencing as a PTP drier and at all times when providing transportation services:
a) is at least 18 years of age;
b) has a valid G licence;
c) is able to communicate in English; and
d) has been advised and consents to the personal information being submitted to the
Chief of Police or his/her designate for the purpose of auditing compliance with this
Schedule.
29(1) The PTP shall receive a criminal record check and a driving record abstract for each driver.
(2) The PTP shall review the criminal record check and the driving record abstract and, acting
as a reasonable PTP, determine if the driver is suitable for providing transportation
services.
(3) The criminal record check, no older than 90 days, and the driving record abstract, no older
than 30 days, shall be submitted to and reviewed by the PTP before the driver begins as
a PTP driver and at the end of every subsequent 12-month period while the driver
continues as a PTP driver.
30.
Every PTP shall keep copies of the documents and information required under sections
27, 28, and 29 for 3 years after the PTP driver ceases to be affiliated with the PTP.
31.
Every PTP shall make available to the Chief of Police or his/her designate the records or
information required in sections 27, 28, and 29 within 2 business days following a written
demand by the Chief of Police or his/her designate.
32(1) Every PTP shall ensure that every PTP driver obtains and maintains, at all times during
the provision of transportation services, Automobile Liability Insurance for owned or leased
PTP vehicles, 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 IPCF 6TN Permission to Carry Paying Passengers for a
Transportation Network endorsement or an equivalent endorsement acceptable to the
Chief of Police or his/her designate.
(2) The insurance coverage required under subsection 32(1) shall include a provision
whereby the City of Sault Ste. Marie will be provided with no less than 15 days prior notice
of any cancellation or variation to the policy.
(3) Every PTP shall obtain proof of insurance from every PTP driver evidencing compliance
with the requirements of subsections 32(1) and (2) prior to affiliation with the PTP driver,
and on an annual basis thereafter and shall keep such records for a period of 3 years after
the PTP driver ceases to be affiliated with the PTP and produce it to the Chief of Police or
his/her designate on demand.
33(1) It is a condition of a PTP licence to ensure the denial of a PTP driver's access to the PTP
platform immediately upon being notified by the Chief of Police or his/her designate that
the driver has acted in a manner that is adverse to the public interest, public safety or upon
discovering that a driver is not insured under section 32 and to continue to do so for so
long as required by the Chief of Police or his/her designate.
(2) The PTP shall provide the Chief of Police or his/her designate with such information as he
or she shall require to demonstrate that subsection 33(1) is being complied with.
Requirements Related to PTP Vehicle
34(1) In addition to Part VI of Schedule "A" to By-law 2011-116, every PTP shall ensure that a
PTP vehicle meets the following requirements at all times when providing a transportation
service:
a) the PTP vehicle has a valid and current Ontario Ministry of Transportation Safety
Standards Certificate, prior to commencement of use as a PTP vehicle, and then
annually thereafter; and
b) the PTP vehicle is no more than 10 years old and have less than Three Hundred
Thousand (300,000 km) kilometers on the vehicle. [AMENDED BY BY-LAW 2019-
221]
(2) Every PTP shall obtain and maintain the records required under subsection 34(1) for a
period of 3 years after the PTP vehicle is no longer used to provide transportation service.
(3) Every PTP shall make available to the Chief of Police or his/her designate the records
required to be kept under subsection 34(1) within 2 business days following a demand in
writing from the Chief of Police or his/her designate.
35(1) It is a condition of a PTP licence to ensure the denial of a PTP driver's access to the PTP
platform immediately upon being notified by the Chief of Police or his/her designate that
the driver's vehicle is being operated in a manner that is adverse to the public interest or
to public safety and to continue to do so for so long as required by the Chief of Police or
his/her designate.
(2) The PTP shall produce the Chief of Police or his/her designate with such information as
he or she shall require demonstrating that subsection 35(1) is being complied within 2
business days following a demand in writing from the Chief of Police or his/her designate.
Accessible Vehicles
36(1) A Class B shall have a minimum of one (1) Wheelchair Accessible vehicles available for
hire twenty-four hours per day for Basic Wheelchair or Ambulatory Service.
(2) A Class A the owner or broker's licence shall have a minimum of two (2) Wheelchair Accessible
vehicles available for hire twenty-four hours per day for Basic Wheelchair or Ambulatory Service.
Conflict
37(1) The provision under this Schedule shall prevail regarding a PTP where a conflict between
this Schedule and Schedule "A" of By-law 2011-161 exists.
Validity
38 Should a court of competent jurisdiction declare a part or whole of any provision of this
Schedule to be invalid or of no force and effect, the provision or part is deemed severable from
this Schedule, and it is the intention of Council that the remainder survive and be applied and
enforced in accordance with its terms to the extent possible under the law.