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THE CORPORATION OF THE TOWN OF SMITHS FALLS
THE TAXI BY-LAW
NUMBER 7739-03
A BY-LAW FOR LICENCING, REGULATING AND GOVERNING BROKERS, OWNERS
AND DRIVERS OF TAXI CABS
OFFICE CONSOLIDATION
Amended by:
8154-2008
8720-2014
10419-2023
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THE CORPORATION OF THE TOWN OF SMITHS FALLS
BY-LAW NO. 7739-03
A By-law for licencing, regulating and governing brokers, owners and drivers of Taxi Cabs.
WHEREAS pursuant to the Municipal Act, Chapter M.45, R.S.O. 1990 by-laws may be
passed by the Councils of Towns for licencing, regulating and governing .... owners and
drivers of cabs .... motor or other vehicles used for hire or any class or classes thereof; for
establishing the rates and fees to be charged by the owners or drivers of such vehicles for
the conveyance of goods or passengers either wholly within the municipality or to any point
not more than five (5) kilometres beyond its limits .... and for providing for the collection of
such rates or fares; for limiting the number of cabs ... used for hire ... and for revoking any
such licence; and
WHEREAS pursuant to Section 232(6) of the said Municipal Act, by-laws may be passed
by Councils of Towns for licencing, regulating and governing taxi-cab brokers and for
revoking any such licence and for requiring taxi-cab brokers to provide public liability,
property damage, cargo or other insurance in the form and to the amounts of coverage
prescribed in the by-law;
NOW THEREFORE the Council of the Corporation of the Town of Smiths Falls enacts as
follows:
1.
For the purposes of this by-law,
(A)
Chief of Police shall mean the Chief of Police of the Town of Smiths Falls as
appointed by by-law and any Police Services personnel designated by them
to enforce or administer the provisions of this by-law.
(B)
Driver shall mean and include any person engaged in driving or operating
any taxi cab or other vehicle on behalf of the owner.
(C)
Licence shall mean a licence granted by the Town pursuant to this by-law
and shall include a licence to own (Owner's Licence), to drive (Driver's
Licence) or to act as a broker (Broker's Licence).
(D)
Owner shall include any person having possession or control of any taxicab
or other vehicle under an installment purchase or lease agreement and all
such owners shall operate under the control and management of a taxi cab
broker. In the case of an installment purchase or lease agreement, the
person having control over the use of the vehicle shall be considered the
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owner for the purposes of this by-law and shall provide to the Chief of Police
a copy of such agreement upon application for a licence.
(E)
Taxi cab shall mean a motor vehicle as defined in the Highway Traffic Act,
other than a car pool vehicle, regularly used for profitable hire through the
conveyance of goods or passengers within the municipal boundaries of the
Town of Smiths Falls only. Such definition of taxi cab shall exclude those
vehicles used as an extension of a business for the delivery of goods made,
manufactured or produced by that business or its parent company. Such
definition shall also exclude transportation vehicles used by not-for-profit
agencies, funeral hearses, ambulances, busses, limousines used on an
irregular basis for special events only and contracted out on a per event or
per hour basis.
(F)
Taxi cab broker shall mean any person who maintains a stand where calls
are accepted in any manner for taxi cabs used for hire and who owns,
controls or dispatches a minimum of two (2) taxi cabs.
2.
No person shall offer for hire, gain or reward use of any motor vehicle, other that
those types of vehicles specifically excluded from the definition of taxi cab above,
for the conveyance of goods or passengers within the municipal boundaries of the
Town of Smiths Falls without first obtaining a licence under this by-law entitling him
to do so.
3.
No person, being the owner of a taxi cab, shall carry on the business of conveyance
of goods or passengers for hire, gain or reward, without first obtaining a licence
under this by-law entitling him to do so.
4.
No person shall engage in the occupation of a driver of a taxi cab without first
obtaining a licence under this by-law entitling him to do so.
5.
No person shall carry on the business of a taxi cab broker without first obtaining a
licence under this by-law entitling him to do so.
6.
No licenced taxi cab owner or broker shall employ any person as a taxi cab driver
other than a person licenced under this by-law to drive a taxi cab. No taxi cab
broker shall operate or permit to be operated any taxi cab for which a taxi owner's
licence has not been issued.
7.
Every applicant for a licence issued under this by-law must make application, in
writing, to the Chief of Police of the Town of Smiths Falls, and such licence may or
may not be granted, provided however, that no licence shall be granted until the
Chief of Police has made an inquiry or investigation as to the good character and
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competence of the applicant. Council retains the right to amend a decision to grant
or refuse any licence.
8.
(A)
All taxi cab brokers shall control or dispatch not less than two (2) taxi cabs.
One person may not hold more than one broker's licence at a time. Every
broker is required to operate a cab stand within the boundaries of the Town
of Smiths Falls for the purpose of dispatching the cabs and serving the
public. Further that each cab stand business location shall conform to the
provisions of the current zoning by laws for the Town of Smiths Falls. Only
one broker may operate from a single stand location and the dispatch for all
taxi cabs shall emanate from the designated location. All new applications
for taxi cab brokers licences shall be referred to the Council of the Town of
Smiths Falls for consideration.
(B)
In all instances where two way radio equipment is being used by the broker
to dispatch or communicate with taxi cabs, the required federal radio licence
shall be kept valid at all times and a copy of the current radio licence shall be
filed with the Chief of Police prior to the renewal of the broker's licence.
(C)
No more than twenty-eight (28) taxi-cab owner's licences shall be issued and
be in force at any one time in the Town of Smiths Falls. Between January 1
and January 31 of each year a number of taxi cab owner's licences,
equivalent to the number currently managed by each broker, shall be
reserved for each broker. Failure by the broker to submit application for any
or all of the reserved owner's licences, by February 1 of each year, shall be
deemed to be agreement by the broker to relinquish all rights to reserved
owner's licences not yet issued to that broker. On or after February 1, of
each year licenced taxi cab brokers may apply in writing for additional taxi
cab owner's licences. The excess number of taxi cab owner's licences may
be allocated to the taxi-cab brokers on a first come; first served basis at the
discretion of the Chief of Police.
(D)
Notwithstanding section 8(C) above, effective January 1, 1997 the maximum
number of taxi cab owner's licences issued by the Town of Smiths Falls shall
be nineteen (19). Further, no more that 80% of the total number of owner's
licences shall be affiliated with any one taxi cab broker.
(E)
Every licenced taxi cab broker must provide twenty-four (24) hour a day
service to their community. Failure to meet this requirement will be cause for
the taxi broker's licence to be revoked by the Chief of Police.
9.
Every owner of a taxi cab shall be registered with and be controlled and managed
by a taxi cab broker.
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10.
(A)
No licence issued pursuant to this by-law is transferable, except as provided
for in section 19 and shall not be sold or otherwise disposed of but when
such licence is no longer to be used by the licence holder, the licence shall
be forthwith surrendered to the Chief of Police.
(B)
An owner may sell their taxi cab and its equipment to any person and upon
such sale the owner's licence in respect of such taxi cab shall be terminated.
Subject to subsection (A) hereof the Council, in its discretion, may issue a
new licence to the purchaser of such taxi cab vehicle and equipment subject
to the following conditions:
(i)
That the new applicant qualifies under all other provisions of this by-
law; and
(ii)
That the applicant and the vendor file with the Council an executed
copy of a written agreement containing all the details of the dealings
between the parties in respect to such taxi cab and its equipment.
(C)
Notwithstanding subsection (B) hereof, the Council may in its discretion
refuse to issue a new licence or licences to a purchaser in a transaction
under this section when the Council is of the opinion that it is not in the public
interest, as determined by the Council, that such new licences should be
issued.
11.
(A)
Any owner who, without good cause, fails to actively operate every taxi cab
licenced to them for fifteen consecutive days shall automatically have their
licence revoked and cancelled.
(B)
If a taxi cab owner, driver or taxi cab broker is convicted of any offence
under;
(i)
The Criminal Code of Canada
(ii)
Controlled Substance Act
(iii)
The Food and Drug Act of Canada; or
(iv)
Three (3) times of any other infractions of this by-law or any by-law of
the Town of Smiths Falls regulating traffic on the streets, or the
Highway Traffic Act or the Liquor Licence Act
their licence may be forthwith revoked.
(C)
The possession of a scanner in any taxi cab, on any driver, owner or
shareholder or in any portion of the premises used for receiving or
dispatching of calls for taxi cabs is strictly prohibited and is cause for the
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immediate cancellation and revoking of a taxi brokers licence by the Chief of
Police.
(D)
Any taxi cab owner, driver or taxi cab broker shall permit the Chief of Police
or their designate to inspect any taxi cab or business premises without prior
notice in order to determine that the contents of this by-law are being
adhered to. Failure to allow an inspection to take place upon request shall
be cause for the Chief of Police to immediately cancel and revoke the taxi
broker's licence.
12.
(A)
Every owner of a taxi cab, before operating or permitting same to be
operated for hire, shall obtain an annual licence and shall pay the prescribed
fee, as set out in Schedule "A" which will permit the operation of one taxi cab,
and they shall pay an additional cost, as prescribed by Schedule "A" for each
additional taxi cab to be operated by them.
(B)
No person shall be licenced as an owner of a taxi cab unless they are
registered and licenced as the owner thereof with the Ministry of
Transportation (Ontario) or unless they have filed with the Chief of Police an
appropriate lease or installment purchase agreement respecting the vehicle
to be licenced.
(C)
A separate owner's licence shall be taken out for each taxi cab to be
operated under the provisions of this by-law.
(D)
No person shall be licenced as an owner of a taxi cab unless he is registered
with a licenced broker.
(E)
No person shall be licenced as a taxi cab driver unless they possess a valid
driver's licence for the current year issued under the provisions of The
Highway Traffic Act (Ontario).
13.
As a condition to the issuance of a licence under this by-law to the owner of a taxi
cab, the owner shall deposit with the Chief of Police a written certificate of an insurer
duly licenced under The Compulsory Automobile Insurance Act to carry on in
Ontario the business of automobile insurance, that it has issued to the owner of
such taxi cab, a motor vehicle liability policy which is on the date of the certificate, in
full force and effect, in an amount of not less than 2 million dollars. Every such
policy shall be kept in force by such owner during the period for which the taxi cab
owners licence issued to them or any renewal thereof is in effect and should he fail
to keep such insurance in full force and effect, the taxi cab owner's licence shall be
forthwith suspended. The owner shall immediately advise the Chief of Police of any
cancellation or expiry of the insurance policy.
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14.
(A)
The owner of every licenced taxi cab shall at all times keep the same in a
clean and sanitary condition and in good repair and the Chief of Police may,
upon the breach of this provision, notify the owner thereof to cease operation
of the same as a licenced taxi cab until such time as the same has been put
in a clean and sanitary condition and is in good repair and upon receipt of
such notice the owner shall thereupon cease to operate the same.
(B)
The owner of every taxi cab licenced under this by-law shall produce to the
Chief of Police or any one acting in their stead, a certificate of mechanical
fitness every six (6) months, before a vehicle is licenced as a taxi cab and at
any time when so ordered by a Police Officer or By-law Enforcement Officer.
Such certificate of mechanical fitness shall be signed by a mechanic who is
not the owner or employed by the owner.
(C)
Every owner of one or more licenced taxi cabs operated by others shall file
with the Chief of Police the name and address of such licenced drivers
employed and shall forthwith advise the Chief of Police of all changes in their
staff of licenced drivers.
(D)
Every owner of a licenced taxi cab shall, when required, submit the taxi cab
for the inspection of the Chief of Police and no owner or driver shall at any
time when the vehicle is not employed prevent or hinder the said Chief of
Police or any other officer authorized, from entering such vehicle or the
garage, or other building for the purpose of inspecting such vehicle or the
premises where such vehicle is, or is kept.
(E)
All buildings and premises used in connection with any taxi cab shall be kept
clean at all times.
(F)
The owner of every taxi cab shall equip the unit with a roof sign, such sign to
be installed on the roof of the taxi cab while the vehicle is in use as a taxi
cab. The sign shall display the Company name on the front, the telephone
number on the rear and the taxi-cab number on either side and the sign shall
be illuminated when the vehicle is in operation as a taxi cab between one half
hour before sunset and one half hour after sunrise. The sign used will be
different colours for each taxi cab company so as not to cause any confusion.
(G)
Upon issuance of a taxi cab owner's licence, the Chief of Police shall provide
a numbered metal plate which shall be displayed at all times on the rear
bumper of the taxi cab or in a comparable location acceptable to the Chief of
Police so as to be readily visible.
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15.
(A)
Every application for a taxi cab drivers licence under this by-law shall be
delivered by the applicant to the Chief of Police
(B)
There shall be filed together with every application for a taxi cab drivers
licence two (2) signed photographs of the applicant 2" x 2" in size. One of
the photographs shall be attached by the Chief of Police to the taxi cab
drivers licence which said licence shall be displayed in the interior of the cab
in such place and in such manner and form as set out in Section 21.
(C)
Every licenced taxi cab driver shall be issued, by the Chief of Police, a
numbered disk and shall wear same on the left lapel of the driver's most
exterior clothing at all times while driving a taxi cab. The fee established in
Schedule "A" shall be charged for each disc which amount shall be paid by
the taxi cab driver.
(D)
Every owner or broker shall keep a record of the date, time, origin and
destination of each trip. Name of the driver, number of the taxi cab and the
fare charged for each trip. Such information shall be retained for a period of
twelve (12) months at the broker's place of business and shall be produced
immediately at the request of the Chief of Police or their designate.
(E)
Every person licenced as a taxi cab driver under this by-law shall, when
called upon to do so, assist any police officer by conveying in their taxi cab
any prisoner to the common jail or police station and convey to a hospital or
elsewhere as may be required any person who has been wounded or who
has met with an accident or been taken suddenly ill and shall be entitled to
the fare or charge specified in the tariff provided by this by-law.
(F)
Every licenced taxi cab driver shall, before transferring the employment from
one taxi cab owner or broker to another, report such change to the Chief of
Police and pay such fees as set out in Schedule "A".
16.
(A)
Every driver shall be responsible that;
(i)
the vehicle is in safe driving condition, clean and neat inside and out
and in all respects fit for the purpose;
(ii)
they are neat and clean and polite in manner;
(iii)
reasonable care is taken that no passenger leaves any property in the
vehicle and, when any property is left, shall restore it at once or
deliver it to the Police Station with all relevant information in their
knowledge about the owner;
(iv)
engagements are kept punctually; and
(v)
licence certificate is displayed in the vehicle at all times when
engaged as a driver.
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(vi)
complies at all times with the Provisions of the Highway Traffic Act,
RSO 1990 as amended and the Accessibility for Ontarians with
Disabilities Act, 2005.
(B)
No driver shall;
(i)
take, consume or have in their possession any intoxicating substance
while driving a taxi cab;
(ii)
loiter or solicit business in any street, alley or other public place;
(iii)
permit any immoral, indecent or disorderly conduct in their vehicle;
(iv)
make any loud noise or disturbance, such as the unnecessary blowing
of the horn or use obscene, impertinent or abusive language or
molest, annoy or insult any passenger or other person;
(v)
carry in any vehicle a larger number of persons or goods than the
manufacturer's rating or seating capacity of such vehicle;
(vi)
knowingly carry any passenger suffering from an infectious disease.
(vii)
after leaving a starting point with a passenger take on any other
passenger without the consent of those who have already engaged
him;
(viii)
accept any engagement to the prejudice of a prior engagement; or
(ix)
refuse to permit a dog, while servicing as a guide or leader for a blind
person, to enter and remain in the taxi cab.
17.
Trip fare fees shall be set at the discretion of the Taxi Broker and shall be
communicated to the passenger prior to engagement. Such fare shall be paid by
the passenger prior to exiting the vehicle or in the case of delivery of goods
immediately upon receipt of goods by the person engaging the vehicle. Brokers
may enter into contractual agreements for services described in this by-law and may
establish fees for such contractual services at their discretion. Charges for like
services provided outside the scope of this by-law may also be established by the
Broker. Every owner and operator of a licenced taxi cab shall not charge a higher
fare or additional fee to people with a disability than they would normally charge
without disabilities for the same trip or charge a fee for storage of mobility aids or
mobility assistive devices.
18.
Every licence issued under this by-law shall expire on the thirty-first day of
December next after the date of the issue thereof and the annual fee for such
licence shall be set out in Schedule "A".
19.
Notwithstanding Section 10(a) an owner's licence may be transferred to another taxi
cab purchased by the owner, upon approval of such transfer by the Chief of Police
and upon payment as set out in Schedule "A".
20.
All applications for licences and all licences issued under this by-law shall be in a
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form provided by the Chief of Police.
21.
There shall be displayed, on the front passenger's side sun visor, dropped so as to
be in full view of every passenger, in each taxi cab, one laminated taxi licence,
including number, expiry date, identity of driver and photo. Every owner and
operator of a licenced taxicab shall make vehicle licencing and identification (as
issued under the provisions of this by-law) available in an accessible format to
people with disabilities who are passengers.
22.
Notwithstanding Section 11(b) the Chief of Police may, at any time, for any other
cause appearing to him to be sufficient, suspend the licence issued to any taxi cab
broker, owner or driver and shall in such event report such suspension forthwith to
the Council and the Council may either continue such suspension for such period of
time as it shall determine or may reinstate such licence, or if the circumstances shall
appear to warrant such action, may revoke such licence.
23.
meet annually to discuss fee schedules, complaints, comments and to make
suggestions for the betterment of the taxi service in the Town of Smiths Falls
24.
Any taxi cab broker who changes insurance company's must immediately notify the
Chief of Police and file the necessary documents with the Police Service in order
that their taxi file is up to date. The broker is also required to pay the fee as set out
in Schedule "A" to cover the cost of updating the Police Service taxi file.
25.
Every person who contravenes any provision of this by-law shall, on conviction,
thereof, be liable to a fine not exceeding $1000.00 inclusive of costs.
26.
By-law No. 7179-96 as amended by By-law No. 7182-96 and 7493-99 is hereby
rescinded.
26.
This by-law shall come into force and take effect upon the passing thereof.
Read a first and second time this 22nd, day of April 2003
Read a third time and passed this 22nd, day of April 2003
__________________________________
Mayor
__________________________________
Clerk
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THE CORPORATION OF THE TOWN OF SMITHS FALLS
SCHEDULE "A" TO
TAXI BY-LAW NO. 7739-03
LICENCE FEES
EFFECTIVE February 16, 2016
Amended via By-law 8842-2026
The following licence fees shall be payable to the Chief of Police prior to the issuance of
a licence:
Taxi cab Driver (incl Disc and card)
$70.00
Background Check (incl in initial $70.00) $35.00
(HST included)
Taxi cab Owner
$100.00 per vehicle
Taxi cab Broker
$200.00
Change of Stand by Driver
$30.00
Change of Vehicle
$25.00
Change of Insurance Information
$25.00
Every owner and operator of a licenced taxi cab shall not charge a higher fare or
additional fee to people with a disability than they would normally charge without
disabilities for the same trip or charge a fee for storage of mobility aids or mobility
assistive devices.