Public Vehicles Licensing and Regulation By-law 177-2024
Windsor, Ontario
· adopted 2024-12-09
This is the exact embedded text of the captured official document.
Snapshot 787406528254 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BY-LAW NUMBER 177-2024
A BY-LAW TO AMEND BY-LAW NUMBER 137-2007 BEING A BY-LAW
RESPECTING THE LICENSING AND REGULATING OF PUBLIC VEHICLES
Passed the 9th day of December, 2024.
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes a municipality to, among other things:
(a)
provide for a system of licences with respect to a business
and impose conditions as a requirement of obtaining, continuing to
hold or renewing a licence;
(b)
pass by-laws respecting the health, safety and well-being of
persons;
(c)
pass by-laws respecting the protection of persons including
consumer protection; and
(d)
pass by-laws establishing rates to be charged by tow trucks
and taxicabs.
AND WHEREAS the purposes of this By-law are:
(a)
to ensure public safety, quality of service and consumer
protection for customers and service providers in the livery, taxicab
and prearranged transportation industries;
(b)
to establish a system of licensing of Livery Vehicles, Livery
Drivers, Livery Plate Holders, Taxicabs, Taxicab Drivers, Taxicab
Plate Holders and Transportation Network Companies;
(c)
to establish a system for the inspection of Livery Vehicles,
Taxicabs, and Transportation Network Company Vehicles;
(d)
to maintain sustainable livery, taxicab and prearranged
transportation industries;
AND WHEREAS By-law Number 137-2007 was passed on the 16th day of
July, 2007 and has been hereinbefore amended several times;
AND WHEREAS it is deemed expedient to further amend By-law Number
137-2007;
THEREFORE the Council of the Corporation of the City of Windsor enacts
as follows:
1.
That By-law Number 137-2007 be amended by deleting the entire content
of the By-law, including Schedules 1 to 6, inclusive, and substituting it with
the following:
2
TABLE OF CONTENTS
PART I - DEFINITIONS .............................................................................................. 3
PART II - APPLICATION ............................................................................................ 7
PART III - APPLYING FOR A LICENCE OR RENEWAL .................................................... 7
PART IV - LICENCE FEES ........................................................................................ 8
PART V - LICENCE ................................................................................................ 10
PART VI - POWERS AND DUTIES OF LICENCE COMMISSIONER .................................. 11
PART VII - POWERS AND DUTIES OF LICENSING COMMISSION .................................. 11
PART VIII - ENFORCEMENT ................................................................................... 13
PART IX - OFFENCES ............................................................................................ 13
PART X - GENERAL PROVISIONS ............................................................................ 13
SCHEDULE 1 - DEADLINES FOR OBTAINING LICENCES OR RENEWALS ....................... 15
SCHEDULE 2 - PUBLIC VEHICLE LICENSING FEES .................................................... 16
SCHEDULE 3 - LIVERY VEHICLES ........................................................................... 17
SCHEDULE 4 - TAXICABS ....................................................................................... 24
SCHEDULE 5 - TRANSPORTATION NETWORK COMPANIES ......................................... 46
PART I - DEFINITIONS
1.
In this By-law, where capitalized and bolded:
"Ambulance" means a motor vehicle for hire for the conveyance of sick or
injured people;
"Accessible Vehicle" means a motor vehicle that is wheelchair-accessible,
permitting the loading, transportation and off-loading of a person with a disability
confined to a wheelchair or in reliance on a similar device, and is available for or
providing conveyance service, but does not include a taxicab wheelchair
accessible vehicle;
"Applicant" means any person either applying for a licence in the first instance,
or renewing an existing licence;
"Applicant Information" means fulsome details of a person applying for or the
renewal of a licence under this By-law and shall include their full name, date of
birth, municipal address, telephone number, and if applicable, email address;
"Articles of Incorporation" means documents related to an incorporated
business pursuant to the Business Corporations Act, R.S.O. 1990 c. B. 16, or the
Corporation Act, 1990 c. C.38 or the Canada Business Corporations Act, RSC
1985, c C-44;
"Business" means any business wholly or partly carried on within a municipality
even if the business is being carried on from a location outside the municipality;
"Business address" means the place from which the business operates
including a street number, street name, municipality and postal code and does
not mean a post office box;
"Building Code Act, 1992" means the Building Code Act, 1992, S.O. 1992, c. 23;
"Camera Inspection Report" means a document satisfactory to the Licence
Commissioner that is submitted as proof of a fully operational camera system
installed in a taxicab vehicle; (Added by By-law 69-2014, dated April 22, 2014)
"Car-Pool Vehicle" means a vehicle that is not used for hire and reward or for
profit, to provide shared transportation between individuals. Car-pool vehicles
exclude services booked via a Transportation Network Company, Taxicab
Brokerage or Livery Company;
"City" or "City of Windsor" means The Corporation of the City of Windsor;
"Company" means a corporation with share capital;
"Corporation" means a body corporate incorporated pursuant to the Business
Corporations Act, R.S.O. 1990 c. B. 16, or the Corporation Act, R.S.O. 1990, c.
C.38 or the Canada Business Corporations Act, RSC 1985, c C-44;
"Council" means the Council for The Corporation of the City of Windsor;
"carry on" when used in relation to any trade, occupation, calling or business,
shall include operating, promoting, advertising, soliciting for or offering goods and
services in connection with such trade, occupation, calling or business;
"Compulsory Automobile Insurance Act" means the Compulsory Automobile
Insurance Act, R.S.O. 1990, c. C.25;
"Controlled Drugs and Substances Act", means the Controlled Drugs and
Substances Act , S.C. 1996, c. 19;
4
"Conveyance Service" means the conveying of one or more passengers or of
property in exchange for a fee or other consideration;
"Criminal Code" means the Criminal Code, R.S.C., 1985, c. C-46;
"Drivers' List" means a list of applicants for taxicab and taxicab wheelchair
accessible plate holder licences;
"Drop Fee" means the fee or commission paid to the owner or driver of a tow
truck or to a tow truck broker in return for the towing or other conveyance of a
vehicle to a location, which fee or commission shall be in addition to the amount
the owner or driver of such tow truck is authorized to charge to the hirer in
accordance with the provisions of this By-law and associated schedules;
"Dispatch" means any communication of an order or other information between
a Taxicab Broker and a Taxicab Driver;
"Dispatcher" means a person who sends a Taxicab or a Taxicab Wheelchair
Accessible Vehicle to a destination for the purpose of carrying on the business of
operating a Taxicab;
"Executive Vehicle" means a full-sized, four-door sedan motor vehicle, of a
manufacturer's top-quality line, with a closed body and a maximum seating
capacity of five (5) people including the driver, and an original unaltered
wheelbase of not less than 114.5 inches (290.83 centimetres); or a four-door
motor vehicle having the combined features of a sedan and a truck and identified
as a sport-utility vehicle by the manufacturer, with a closed body and a maximum
seating capacity of nine (9) people including the driver, and an original unaltered
wheelbase of 116.0 inches (294.64 centimetres);
"Fire Protection and Prevention Act" means the Fire Protection and Prevention
Act, 1997, S.O. 1997, c. 4;
"Highway Traffic Act" means the Highway Traffic Act , R.S.O. 1990, c. H.8;
"Hirer" means the owner of a towed vehicle, or in the absence of the owner,
(a) the agent of the owner of the towed vehicle, duly authorized by the
owner to exercise control of the towed vehicle on the owner's behalf;
or,
(b) any person having lawful custody of a towed vehicle or the legal right
to possession thereof ;
"Horse-Drawn Carriage" means vehicles commonly referred to as "carts" or
"carriages" which shall not seat more than the manufacturer's recommended
seating specifications and are propelled by horses, donkeys or other draught
animals;
"Inspector Or Compliance Officer" means police officer, enforcement officer,
provincial offences officer, by-law enforcement officer, or any other person whose
employment duties include enforcement of this By-law;
"Licensing Commission" means the Windsor Licensing Commission;
"Licence Commissioner" means the Licence Commissioner for the City of
Windsor and shall mean and include any delegate or delegates of the Licence
Commissioner for the City of Windsor as well as any successor position to the
Licence Commissioner carrying out the responsibilities of the Licence
Commissioner at the time of the passing of this By-law;
"Licence" means the certificate issued under this By-law as proof of licensing
under this By-law;
5
"Licensee" means any person licensed under this By-law or a person required
to be licensed under this By-law;
"Limousine" means a four-door sedan motor vehicle with a closed body and a
minimum seating capacity of six (6) people and a maximum seating capacity of
nine (9) people including the driver;
"Livery Driver" means any person who drives a Livery Vehicle and who has
been licensed under this By-law to permit the driving of a Livery Vehicle;
"Livery Vehicle" means a vehicle, other than a Taxicab or a Transportation
Network Company Vehicle, used for hire for the conveyance of passengers and
available for hire by the general public;
"Livery Plate" means the numbered metal plate issued by the City to be affixed
to a Livery Vehicle;
"Livery Plate Holder" means a person to whom the livery plate holder licence
and accompanying livery plate have been issued pursuant to this By-law;
"Livery Plate Holder Licence" means a certificate issued by the City to a livery
plate holder under this By-law;
"Model Year" means the model year shown for a vehicle on its registration
issued under the Highway Traffic Act;
"Municipal Freedom of Information and Protection of Privacy Act" means the
Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.
M.56;
"Municipality" means The Corporation of the City of Windsor;
"Operate" means driving a vehicle and making it available to the public for
transportation services;
"Order" means a request from a person for a Taxicab, a Taxicab Wheelchair
Accessible Vehicle, Transportation Network Company Vehicle or a Livery Vehicle
to provide a Conveyance Service;
"Parking" means allowing a vehicle to remain stationary on a street, parking lot
or elsewhere except in obedience of traffic regulations, signs or signals, or for a
longer period of time than is actually required for taking on or discharging
persons or for loading and unloading merchandise;
"Partnership" means an association of two (2) or more persons to carry on, as
co-owners, a business or other activity;
"Passenger" means any individual, not including the driver, seated in a vehicle
engaged to provide a conveyance service;
"Pedicab" means a vehicle driven exclusively by human power, either on foot or
in conjunction with a pedal-driven mechanical device, which seats no more than
the manufacturer's recommended seating specifications;
"Person" means any individual, company, firm, organization, partnership, body
corporate or politic, and the heirs, executors, administrators or other legal
representatives of a person to whom the term may apply in law;
"Provincial Offences Act" means the Provincial Offences Act, R.S.O. 1990, c.
P.33;
"Public Vehicles Act" means the Public Vehicles Act, R.S.O. 1990, c. P.54;
6
"Records Check - Enhanced Screening" means the printed result of a search
of the Canadian Police Information Centre, carried out by authorized personnel
and commonly known as a "police clearance", "criminal records check" or a
"vulnerable sector police record check";
"Safety Standards Certificate" means a safety standards certificate issued
under the Highway Traffic Act;
"Service Animal" means an animal trained by a recognized school for service
as a guide dog for the blind, visually-impaired, deaf or hearing impaired, or as a
service or special-skills dog for other persons with a disability, and shall include
an animal used for therapy which is registered with a recognized organization for
that purpose;
"Tariff Card" means a card showing the current tariff issued by the Licence
Commissioner for display in a taxicab or taxicab wheelchair accessible vehicle;
"Taxicab" means a motor vehicle, other than a Livery Vehicle, a car-pool or
Transportation Network Company Vehicle, having a seating capacity of not more
than six (6) people, not including the driver, hired for one specific trip for the
transportation of one person or group of persons, with one fare or charge being
collected or made for the trip;
"Taxicab Brokerage" means the business of a broker applied specifically to
taxicab operations and shall be deemed to include the land and premises upon
which the business is carried on;
"Taxicab Driver" means any person who drives a Taxicab or Taxicab
Wheelchair Accessible Vehicle who is licenced by the Licensing Commission to
drive a taxicab or taxicab wheelchair accessible vehicle;
"Taxicab Fare" means the amount displayed on the Taxicab Meter at the
conclusion of the trip and does not include any additional charges permitted by
this By-law;
"Taxicab Meter" means a measuring device approved by the Licence
Commissioner and used in a taxicab or a taxicab wheelchair accessible vehicle
to calculate, among other things, the rate payable for a trip;
"Taxicab Plate" means the numbered metal plate issued by the City under this
By-law to be affixed to the taxicab;
"Taxicab Plate Holder" means a person to whom a Taxicab Plate Holder
Licence and accompanying Taxicab Plate have been issued pursuant to this By-
law;
"Taxicab Plate Holder Licence" means a certificate issued by the City to a
Taxicab Plate Holder pursuant to this By-law;
"Taxicab Stand" means an area set aside and designated by the City to be
used exclusively by a Taxicab or Taxicab Wheelchair Accessible Vehicle while it
is waiting for or picking up goods and/or passengers;
"Taxicab Vehicle Standards Inspection Checklist" means a form provided by
the Licence Commissioner outlining taxicab vehicle standards to be inspected;
(Added by By-law 69-2014, dated April 22, 2014)
"Taxicab Wheelchair Accessible Plate" means the numbered metal plate
issued by the City under this By-law to be affixed to the taxicab wheelchair
accessible vehicle;
7
"Taxicab Wheelchair Accessible Plate Holder" means a person to whom a
taxicab wheelchair accessible plate holder licence and accompanying taxicab
wheelchair accessible plate have been issued pursuant to this By-law;
"Taxicab Wheelchair Accessible Plate Holder Licence" means a certificate
issued by the City to a taxicab wheelchair accessible plate holder pursuant to this
By-law;
"Taxicab Wheelchair Accessible Vehicle" means a taxicab that is wheelchair-
accessible, permitting the loading, transportation and off-loading of a person with
a disability confined to a wheelchair or in reliance on a similar device, and is
available for or providing conveyance service;
"Transfer" in reference to any licence in this By-law or any schedule hereto
means the conveyance or passing of the licence from one person, partnership or
corporation to any other person, partnership or corporation, with or without
consideration, and is deemed to include the disposition by any means of all or
any part of the shares in the capital stock of a corporations holding a licence
directly, through another corporation or corporation(s) or as a partner in a
partnership, regardless of whether such a transfer results in a change in control
of the corporation holding the licence directly, through another corporation or
corporation(s), or as a partner in a partnership (added by By-law 94-2008, May
20, 2008);
"Transportation Network Company" or "TNC" means any person who offers,
operates, or facilitates prearranged transportation services using a
Transportation Network Company Platform to connect passengers with
Transportation Network Company Drivers;
"Transportation Network Company Driver" means any person who is
authorized to use a Transportation Network Company Platform to transport
passengers for compensation using a Transportation Network Company Vehicle;
"Transportation Network Company Fare" means the amount displayed on a
Transportation Network Company's platform prior to the engagement of
transportation services and only payable by electronic means including credit
card;
"Transportation Network Company Identifier" means a sign, decal, emblem,
or symbol displaying the logo or name of the Transportation Network Company
through which a Transportation Network Company Driver is providing
transportation service to passengers;
"Transportation Network Company Licence" means a Licence issued by the
City to a Transportation Network Company pursuant to this By-law;
"Transportation Network Company Platform" means any software or
application or telecommunications platform to connect passengers with
Transportation Network Drivers;
"Transportation Network Company Vehicle" means a motor vehicle, other
than a Taxicab or Livery Vehicle, having a seating capacity of not more than (6)
people, not including the driver, hired for one specific trip for the transportation of
one person or group of persons and is limited to Vehicles operating under a
Transportation Network Company licenced by the Licence Commission;
"Trip" means the distance and time travelled or the distance and time to be
travelled, measured from the time and point at which a passenger(s) first enters a
Vehicle to the time and point at which a passenger(s) finally leaves the Vehicle;
"Trip Sheet" means a record whether written or electronic of each trip made by
a Vehicle licenced under this By-law or a Vehicle affiliated with a Transportation
Network Company licenced under this By-law as provided herein;
8
"Van" means a Vehicle that is kept or used for hire on an hourly or flat-rate basis
for the conveyance of passengers, with a minimum capacity of seven (7) persons
and a maximum capacity of ten (10) persons including the driver, unless the Van
is specifically designed for the transport of wheelchairs in which case there shall
be no minimum capacity, and which is not equipped with a taxi meter, top light or
roof sign of any kind;
"Vehicle" means a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, bicycle, cart and any vehicle drawn, propelled or driven by any
kind of power, including muscular power, but does not include a motorized snow
vehicle or a street car;
"Vehicle Standards Inspection Lane" means an inspection period, the dates
and times as established by the Licence Commissioner, during which inspectors
or compliance officers examine vehicles to ensure compliance with this By-Law;
(Added by By-Law 79-2012, July 23, 2012)
PART II - APPLICATION
2.
No person shall:
(a)
carry on business as livery vehicle owner or driver;
(b)
carry on business as a taxicab driver;
(c)
carry on business as a taxicab broker;
(d)
carry on business as a taxicab wheelchair accessible vehicle driver;
or,
(e)
carry on business as a taxicab plate holder or taxicab wheelchair
accessible plate holder (Added by By-law 135-2010 dated
August 23, 2010);
(f)
carry on business as a Transportation Network Company (TNC);
without first obtaining the requisite licence from the Licensing
Commission. (Amended by By-law 135-2010 dated August 23, 2010.)
3.
This By-law does not apply to the operation of:
(a)
a motor vehicle with a seating capacity of eleven (11) or more
people including the driver;
(b)
an ambulance or funeral hearse;
(c)
a motor vehicle that is inspected as a bus pursuant to the Highway
Traffic Act;
(d)
a school bus, as defined in the Highway Traffic Act and licenced
under the Public Vehicles Act R.S.O. 1990 c. P.54;
(e)
any vehicle operated by Transit Windsor, including any vehicle
operated by a person under agreement with Transit Windsor for the
conveyance of senior citizens or persons with disabilities.
9
PART III - APPLYING FOR A LICENCE OR RENEWAL
4.
Applications for licences and renewals shall be made to the Licence
Commissioner.
5.
Applications shall be time and date-stamped upon receipt by the Licence
Commissioner and shall be processed in the order in which they are
received.
6.
Priority will be given to renewal applications for a particular year provided
the application for renewal is received by the Licence Commissioner prior
to the expiration of the licence.
7.
At the time of application, every applicant shall:
(a) complete the application form in full and supply all required
information;
(b) submit the prescribed licence fee specified in Schedule 2; and,
(c) provide any other document or information as may be required by this
By-law.
8.
No person shall provide false or misleading information for the purposes of
obtaining, maintaining or renewing a licence.
9.
Every application will be subject to investigation and approval from such
municipal or provincial departments or agencies as the Licence
Commissioner deems necessary or as may be directed by the Licensing
Commission, which may include, but not be limited to: Windsor Police
Services, Windsor Essex County Health Unit; Windsor Fire and Rescue
Services; the City's Planning and Building Department; the City's Pollution
Control Department and the City's Policy, Gaming, Licensing and By-law
Enforcement Department.
10.
Upon receipt of a complete application in the prescribed form for a licence
or a renewal, the Licence Commissioner shall make all investigations
deemed necessary or required by law and
(a) if the Licence Commissioner's investigation discloses any reason to
believe that the applicant is not of good character or that the carrying
on of the licensed activity by the applicant will likely result in a breach
of the law or be adverse to the public interest, the Licence
Commissioner shall recommend to the Licensing Commission that it
not issue or renew the licence, or that it impose conditions on the
issuance of a licence, otherwise the Licence Commissioner shall
recommend to the Licensing Commission that it issue or renew the
licence; or,
(b) if the Licence Commissioner's investigation does not disclose any
reason to believe that the applicant is not of good character or that the
carrying on of the licensed activity by the applicant will likely result in a
breach of the law or be adverse to the public interest, the Licence
Commissioner shall recommend to the Licensing Commission that it
issue or renew the licence.
11.
Any application which has not received approvals from all municipal or
provincial departments or agencies as the Licence Commissioner deems
necessary within sixty (60) days from the date of filing the application,
shall be deemed to have expired because of the applicant's inability to
comply with the requirements to become licenced, unless the application
is referred to the Licensing Commission for determination.
12.
Where any determination is made that any applicant does not receive an
approval under this By-law, the reason for denial of the approval shall be
specified and the Licence Commissioner shall notify the applicant of the
said reasons.
10
PART IV - LICENCE FEES
13.
No person shall receive any nature of licence from the Licensing
Commission without payment of the applicable fees as defined in
Schedule 2 to this By-law.
14.
Any licence bearing an expiry date listed in Column A may be obtained for
one-half the applicable fee as established in Schedule 2 to this By-law if
the licence is obtained on or after the adjacent date in Column B.
COLUMN A
COLUMN B
Expiry Date of Licence
Half-Price Fee
August 31st (any year)
May 1st (same year)
November 30th (any year)
August 1st (same year)
15.
Every person applying for a renewal of a licence shall procure such
licence from the Licensing Commission in accordance with the deadline
schedule attached as Schedule 1 to this By-law, and shall, at the time of
filing the application, pay the licence fee shown in Schedule 2 to this By-
law, provided however that where a licence is renewed after a deadline,
the applicant shall be liable to pay the licence fee established by this By-
law together with the penalty of 50% over the base fee.
16.
All licence fees are non-refundable if the application is refused for any
reason, or is withdrawn by the applicant prior to the issuance of a licence.
PART V - LICENCE
17.
The issuance or renewal of a licence does not constitute consent by the
City for the licence holder to contravene any federal or provincial law,
regulation or ordinance nor any municipal By-law.
18.
No licence shall be issued in respect of any premises in which the carrying
on or operation of any activity for which the application is being made is in
contravention of any municipal By-law, federal or provincial legislation.
19.
A licence issued under the provisions of this By-law shall be valid only for
the period of time for which it was issued.
20.
Every Licence is at all times the property of the City and shall be valid only
in respect of the person and specific Vehicle named therein and for the
nature of the service and class of Vehicle specified in the Licence.
21.
No Licence may be sold, purchased, leased, mortgaged, charged,
encumbered, assigned pledged, transferred, seized, distrained or
otherwise alienated or dealt with except as provided herein.
22.
Every metal plate shall remain the property of the City and shall be
returned to the Licence Commissioner upon demand.
23.
The Licence Commissioner shall sign all Licences on behalf of the
Licensing Commission, and a printed or mechanically-reproduced
signature shall be deemed to be an original.
24.
All Licences issued under this By-law shall be maintained as follows:
(a) with respect to premises, displayed in a conspicuous place;
(b) with respect to Vehicles, displayed in a conspicuous place;
11
(c) with respect to an individual, kept in the licensed Vehicle operated by
the person while conducting the licenced activity and produced for
inspection when required by any person authorized under this By-law.
25.
All persons shall diligently keep any and all of the records required to be
kept under the provisions of any section of any part of this By-law or
Schedules.
26.
Where an original Licence has been lost or destroyed, the Licence
Commissioner, upon receipt of a police report to that effect furnished by
the original holder thereof or by some person having the authority to act
on behalf of the Licensee, may issue a duplicate Licence to the Licensee
upon payment of the fee set out in Schedule 2 to this By-law.
27.
Every Licence issued or renewed is subject to the following conditions for
obtaining, holding and renewing a licence:
(a) the applicant or licensee shall be required to pay the applicable fee;
(b) the applicant or licensee shall allow the City to inspect the places and
premises used for the business and the equipment, vehicles and other
personal property used or kept for hire in the carrying on of the
business;
(c) the applicant or licensee shall ensure that the places or premises used
for the business are not constructed or equipped so as to hinder the
enforcement of this By-law;
(d) the conduct of the licensee or applicant shall afford reasonable cause
to believe that the applicant or licensee will carry on or engage in
business in accordance with the law or with honesty and integrity;
(e) the applicant or licensee or member of a partnership that is the holder
of a licence shall be a Canadian citizen, a person lawfully admitted to
Canada for permanent residence who is ordinarily a resident in
Canada, or a person permitted to work in Canada as determined by
Citizenship and Immigration Canada;
(f) where the applicant or licensee is a corporation or a partnership of
which a corporation is a member, the conduct of its officers or directors
or of a shareholder who owns or controls ten percent or more of its
issued and outstanding voting and non-voting share shall afford
reasonable cause to believe that the applicant or licence holder will
carry on or engage in the business in accordance with the law or with
honesty and integrity;
(g) where the applicant or licensee is a corporation, it shall notify the
Licence Commissioner in writing within fifteen days of a change in
officer, director or controlling interest in the corporation;
(h) the premises in which the business is located shall at all times be in
compliance with the Building Code Act,1992, the Fire Protection and
Prevention Act (1997), and any amendments, regulations or successor
legislation thereto, as well as any ordinances or requirements of the
Windsor-Essex County Health Unit and any City By-law prescribing
standards for maintenance and occupancy of property;
(i) the zoning of the premises is appropriate for the use by the business;
(j) the owner or operator shall have a contractual or proprietary interest in
the lands and premises upon which the business is to be operated,
enabling the owner or operator to carry on the business;
(k) the applicant or licensee shall pay any and all fines resulting from
contravention of this By-law after it becomes due and payable under
section 66 of the Provincial Offences Act, including any extension of
time permitted under that section however nothing in this By-law
abrogates any right of the applicant or licensee to pursue any appeals
available in respect of such a fine;
12
(l) the applicant or licensee must maintain a current, accurate
photograph;
(m)the applicant or licensee must provide proof of residence address;
(n) the licensee shall maintain insurance in compliance with this By-law,
which insurance shall remain in force by the licensee during the
effective period of the licence and any renewals thereof. Upon receipt
of a notice that a policy of insurance is to expire on a stated date, the
Licence Commissioner shall notify the licensee that unless proof of
adequate insurance is filed on or before the expiry of the existing
policy, a recommendation shall be made to the Licence Commission to
suspend or revoke the licence.
28.
Every Licensee shall be responsible for the act or acts of any employee or
other person associated with the Licensee in the carrying on of any trades,
businesses or occupations authorized by the Licence in the same manner
and to the same extent as if such act or acts were done by the Licensee.
29.
Every Licensee shall notify the Licence Commissioner within seven days:
(a) of any change of business or home address;
(b) of the sale, transfer or termination of the business;
(c) of retirement;
(d) in the situation where the Licensee obtained a Licence on the basis of
the employee's certificate, the termination of the employee's
employment;
(e) any change in the Ontario Licence Number of the licensed motor
vehicle that is registered with the Ministry of Transportation and, if
applicable, the appropriate insurance endorsement in respect of the
motor vehicle.
30.
The Licence Commissioner may revoke a Licence that is voluntarily
surrendered by the holder for revocation.
31.
When a licensee is seriously ill or has received serious injuries, the
licensee may deliver his or her licence to the Licence Commissioner for
safekeeping until the licensee has completely recovered by filing the
following with the Licence Commissioner:
(a) the Licence;
(b) a medical certificate from a duly qualified medical practitioner certifying
that the Licensee is, in the opinion of the practitioner, unfit and unable
to carry on working at the licensed activity; and,
(c) a statutory declaration describing the nature of the incapacity indicated
in the medical certificate and stating that the Licensee is no longer
carrying on the licensed activity.
When the Licensee has recovered from the illness or serious injuries,
before resuming the licensed activity, the licensee shall file with the
Licence Commissioner a further medical certificate from a duly qualified
medical practitioner certifying that the Licensee is, in the opinion of the
medical practitioner, fit and able to carry on the licensed activity.
32.
Upon receipt of the medical certificate, the Licence Commissioner shall
(a) where the Licence has not expired, return it to the licensee;
(b) where the licence has expired, recommend the renewal thereof to the
Licensing Commission in accordance with the terms of this By-law.
33.
Where the medical certificate is filed after the expiry of a licence, the
applicant or licensee shall pay at the time of the issuance of the licence
the fees set out in Schedule 2.
13
34.
No person licensed under this By-law shall discriminate against any
member of the public because of race, ancestry, place of origin, colour,
ethnic origin, citizenship, creed, sex, age, marital status, family status,
sexual orientation, handicap or any other prohibited ground of
discrimination in the carrying on of the licensed activity.
PART VI - POWERS AND DUTIES OF LICENCE COMMISSIONER
35.
The Licence Commissioner has authority to:
(a) inspect those parts of any house, place or premises which may be
used for the carrying on the licensed activity;
(b) inspect goods, wares, merchandise, articles, books, records or other
documents relating to the licensed activity;
(c) inspect every vehicle and other personal property used or kept for hire
in carrying on the licensed activity;
(d) require that each vehicle and other personal property used or kept for
hire in carrying on the licensed activity be submitted for inspection;
and,
(e) ensure that each licensee produces the licensed vehicle for inspection
at the time and place so designated.
36.
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person exercising a power or performing a duty authorized by this By-law.
37.
Any application, comment, recommendation, information, document or
thing in the possession of the Licence Commissioner pursuant to the
provisions of this By-law shall be made available by the Licence
Commissioner for inspection:
(a) by any person responsible for the administration and/or enforcement of
this By-law;
(b) by any other person upon the consent, satisfactory to the Licence
Commissioner, of the person, civic department, board, commission,
authority or other agency which produced or submitted the application,
comment, recommendation, information, document or thing subject
only to the limitations imposed by the Municipal Freedom of
Information and Protection of Privacy Act R.S.O. 1990, c.M.56 or any
replacement or successor legislation.
38.
Where, in the opinion of the Licence Commissioner, the carrying on of a
licensed activity by a licensee will likely result in a breach of the law or be
adverse to the public interest, the Licence Commissioner shall
recommend to the Licensing Commission that it suspend, revoke or
impose conditions on the licence.
PART VII - POWERS AND DUTIES OF LICENSING COMMISSION
39.
At any time before the Licence Commissioner shall issue or renew a
licence, or recommend to the Licensing Commission that it refuse to issue
or refuse to renew a licence, the Licence Commissioner may as he or she
sees fit, or shall at the request of the applicant, refer the application for
issuance or renewal of the licence to the Licensing Commission.
14
40.
Where there is a referral to the Licensing Commission pursuant to this
section, the Licensing Commission shall hold a hearing for the purpose of:
(a) issuing or renewing the licence;
(b) refusing to issue or renew the licence;
(c) suspending the licence;
(d) revoking the licence; or,
(e) issuing or renewing the licence with the imposition of conditions.
41.
Where the Licence Commissioner intends to recommend to the Licensing
Commission that it refuse to issue, refuse to renew, place conditions on,
revoke or suspend a licence, the Licence Commissioner shall give notice
of the intended recommendation and the reasons for the intended
recommendation to the applicant or licensee as well as to such other
persons, civic departments, boards, commissions, authorities and
agencies having an interest in the recommendation. Under this section,
notice to the applicant or licensee shall be written notice served personally
or by registered mail to the address shown on the application or licence.
42.
Where the applicant has been convicted of an offence under the Criminal
Code, R.S.C. 1995 c. C-46, the Controlled Drugs and Substances Act,
S.C. 1995 c. 19, or has been convicted of criminal negligence or impaired
driving charges within four years of the application, the Licence
Commissioner shall refer the application to the Licensing Commission for
a decision based on criteria established by the Commission in consultation
with the Chief of Police.
43
At the hearing, the Licensing Commission may suspend, revoke, and
refuse to issue or impose conditions on any licence under this By-law:
(a) for any reason that would disentitle any licensee to a licence;
(b) where the licensee or applicant is in breach of a condition of the
licence;
(c) where the licensee or applicant is in breach of any of the provisions of
this By-law;
(d) if there are reasonable grounds to believe any of the statements made
on the application for issuance or renewal are false;
(e) if, subsequent to the issuance of the licence, a report is filed by
anybody which originally provided its approval that indicates that the
licensee is no longer in compliance with this By-law;
(f) upon such grounds as are set out in this By-law;
(g) if the applicant has outstanding fees or fines owing to the City, or if the
applicant has not paid the required application fee;
(h) if the conduct or character of the applicant or licensee affords
reasonable cause to believe that the applicant or licensee will not carry
on or engage in the business in accordance with the law or with
honesty and integrity;
(i) if the geographic location of the business does not meet land use
requirements;
(j) if in the case of a corporate applicant or licensee, the conduct of its
officers, directors, employees or agents affords reasonable cause to
believe that the business will not be carried on in accordance with the
law or with honesty and integrity; or,
(k) if issuing the licence is not in the public interest.
15
44.
If the Licensing Commission suspends or revokes a licence, the licensee
shall within twenty-four (24) hours of service of the notice of such
suspension or revocation by registered mail, or immediately in the case of
personal service, return the licence to the Licence Commissioner along
with any plates issued in respect of the suspended or revoked licence, and
the Licence Commissioner shall have access to any premises, vehicle or
other property of the licensee for the purpose of receiving or taking same.
All plates not returned within twenty-four (24) hours of service of the notice
will automatically be deemed invalid.
45.
No person shall refuse to deliver to the Licence Commissioner the licence
and any plates relative to a suspended or revoked licence or shall in any
way prevent or hinder the Licence Commissioner from receiving or taking
same.
46.
Where a licence is revoked, the licensee is entitled to a refund of that part
of the licence fee proportionate to the unexpired part of the term for which
it was granted, such refund to be prorated on a monthly basis.
47.
Where the Licensing Commission renders a decision granting the
applicant the licence applied for, the licence shall be issued upon the
applicant complying with the terms of this By-law and the conditions
imposed on the licence, if any, and the applicant shall complete the
application within fourteen (14) days of the decision of the Licensing
Commission.
PART VIII - ENFORCEMENT
48.
This By-law shall be enforced by the Windsor Police Services, the City's
appointed By-law Enforcement Officers, and any Provincial Offences
Officers appointed by City Council.
49.
Any member of the Windsor Police Services or any person designated by
City Council to enforce this By-law may, at all reasonable times and upon
the production of proper identification, enter and inspect any premise or
part thereof licensed under this By-law.
50.
Any act or duty to be performed by the Chief of Police under this By-law
may be performed by any police officer authorized by the Chief of Police
to do so.
PART IX - OFFENCES
51.
Every person who contravenes any of the provisions of this By-law and
every director and officer of a corporation who concurs in the
contravention by the corporation is guilty of an offence and on conviction
is liable to a fine not exceeding $25,000 or to imprisonment of a term not
exceeding one year, or to both.
52.
Where a corporation is convicted of an offence under subsection 51, the
maximum penalty that may be imposed on a corporation shall be $50,000
16
53.
Pursuant to section 433 of the Municipal Act, 2001 S.O. 2001 c.M.25, if
any part of a fine for contravention of this By-law remains unpaid after the
fine becomes due and payable under section 66 of the Provincial Offences
Act R.S.O. 1990 c.P.33, or any successor provision thereto, including any
extension of time for payment ordered under that section, the City's
Treasurer and Chief Financial Officer or designate may give the person
against whom the fine was imposed written notice specifying the amount
of the fine payable and the final date on which it is payable, which is not
less than 21 days after the date of the notice. This notice shall be sent by
registered mail to be delivered to that person at that person's residence or
place of business.
54.
If the fine referred to in section 53 remains unpaid after the final date on
which it is payable as specified in the notice, the fine shall be deemed to
be unpaid taxes for the purposes of section 398 of the Municipal Act, 2001
S.O. 2001 c.M.25, as amended, or any successor provision.
PART X - GENERAL PROVISIONS
55.
In this By-law, where the time for doing any act or taking any proceeding
expires on a Saturday, Sunday or holiday the act or proceeding may be
done or taken on the next day following the Saturday, Sunday or holiday
upon which the City of Windsor administrative offices are open for
business.
56.
In the event that any provision of this By-law is declared invalid or
unenforceable by a court of competent jurisdiction, that provision shall be
severed and all other provisions of this By-law shall remain valid and
enforceable.
57.
All schedules and appendices to this By-law form part of this By-law.
58.
Where the specific provision of any Schedule or Appendix herein conflicts
with any general provision of this By-law the provision of the Schedule or
Appendix shall prevail over the general provision of this By-law.
59.
Reference in this By-law to any legislation shall be deemed to include any
amendments to and re-enactments thereof, as well as any replacement or
successor legislation.
60.
By-law 396-2004 is hereby repealed.
61.
This By-law shall come into force and take effect on the date of final
passing hereof.
62.
Any reference to a licence issued under this By-law or its Schedules shall
be deemed to include any licenses issued under any predecessor by-laws
governing public vehicle licensing, despite the fact that it may be repealed.
63.
This By-law may be cited as the "Public Vehicles Licensing By-law".
17
SCHEDULE 1 TO BY-LAW NO. 137-2007
Deadline Dates for Licence Categories
Deadline
Licence Category
August 31st*
Taxicab - Plateholder
Taxicab - Driver
Taxicab - Broker
Transportation Network Company (TNC)
August 31st*
Livery - Plateholder
Livery - Driver
18
SCHEDULE 2
Public Vehicle Licensing Fees
CATEGORY
FEE
Livery Vehicle
Plate Holder Licence (Motorized)
$180.00
Plate Holder (Muscular)
$70.00
Driver licence
$110.00
Transfer from vehicle to vehicle
$70.00
Photo I.D. card
$15.00
Replacement Photo I.D. card
$25.00
Vehicle Re-inspection
$60.00
Taxicab
Plate Holder Licence
$400.00
Driver licence
$110.00
Transfer from Plate Holder to Plate Holder
$400.00
Transfer from vehicle to vehicle
$70.00
Broker (per vehicle dispatched)
$60.00
Photo I.D. card
$15.00
Replacement Photo I.D. card
$25.00
(Deleted by By-law 69-2014, dated April 22, 2014)
Filing of leases
$30.00
Drivers' List
$30.00
Vehicle Re-inspection
$60.00
Transportation Network Company (TNC)
"TNCV" means Transportation Network Company Vehicles
1 - 100 TNCV
$5,000 plus 0.11₵ per Trip
101 - 250 TNCV
$7,500 plus 0.11₵ per Trip
251 - 500 TNCV
$15,000 plus 0.11₵ per Trip
501 - 750 TNCV
$20,000 plus 0.11₵ per Trip
751 - 1000 TNCV
$25,000 plus 0.11₵ per Trip
1001 plus TNCV
$30,000 plus 0.11₵ per Trip
19
SCHEDULE 3
Livery Vehicles
1.
Application of this Schedule
1.1 This schedule governs the licensing of the following vehicles:
(a)
DELETED BY BY-LAW 130-2011, dated July 4, 2011
(b)
Class B - Limousine;
(c)
Class C - Executive;
(d)
Class D - Van;
(e)
Class E - Pedicab; and,
(f)
Class F - Horse Drawn Carriage.
1.2 The responsibilities and restrictions set out in this Schedule apply to the
following licensees:
(a)
Livery Drivers
(b)
Livery Plate Holders
2.
Limitations on the Number of Livery Plates
2.1
The following limit on the number of licences shall be established and
reviewed by the Licensing Commission from time to time:
(a)
Class B - Limousine
25 units
(Amended by By-law 130-2011, dated July 4, 2011)
(b)
Class C - Executive
15 units
(c)
Class D - Van
30 units
(d)
Class E - Pedicab
10 units
(e)
Class F - Horse Drawn Carriage
12 units
3.
General Terms
3.1
Livery vehicles shall only operate by pre-arranged contract or payment
from a point within the City to a point either within or outside the City, at a
predetermined rate in accordance with a rate schedule filed with the
Licence Commissioner, and shall not include operation on a fare system
similar to a taxicab either through a meter or zone system, and livery
vehicle operators shall be prohibited from cruising for fares or "standing"
for fares unless awaiting the completion of a pre-arranged engagement.
3.2
No person licensed under this By-law to carry on business as a livery
vehicle owner or livery vehicle driver shall:
(a)
operate or permit to be operated, a livery vehicle which does not
have a current and valid livery plate affixed to it in a manner
approved by the Licence Commissioner;
(b)
accept or solicit passengers without a pre-arranged contract for
hire, nor accept or solicit passengers by knowingly misleading or
deceiving such persons as to the location or distance from any part
of the City to any public place or private residence, or demand or
receive rates and charges other than those authorized by this
schedule;
(c)
use a livery vehicle for the separate conveyance of parcels, letters,
documents, goods, chattels, or groceries;
20
(d)
permit a livery vehicle to be operated as a taxicab as defined under
this By-law; or,
(e)
engage in any class of livery vehicle operation for which a licence
has not been granted.
4.
Application for Licence Governed by this Schedule
4.1
Applicants for livery plate holder licenses in the first instance shall provide
to the Licence Commissioner for consideration by the Licensing
Commission:
(a)
type and number of vehicles to be operated;
(b)
details of the nature of the operation;
(c)
market studies or other information to justify the need for the
service within the current marketplace, including details of any
specific contracts for the service;
(d)
an assessment of the impact of the proposed service on existing
"for hire" transportation services in the municipality; and,
(e)
rate structure proposed for the service for comparison with existing,
competing services.
4.2
In addition to the requirements in 4.1, as may be applicable, no livery
vehicle plate and associated livery plate holder licence shall be issued
under this By-law until the following requirements have been met:
(a)
If the Applicant;
(i)
is an individual, the applicant shall attend at the office of the
Licence Commissioner in person and complete a written
application for such licence as prescribed by the Licence
Commissioner and provide proof that the applicant is not
less than eighteen (18) years of age;
(ii)
if a corporation, the applicant shall file copies of the articles
of incorporation as well as any articles of amendment or
articles of amalgamation, together with an annual return
which contains a list of all shareholders of the corporation;
or,
(iii)
if a partnership, the applicant shall provide the names and
addresses of each member of the partnership as well as the
name under which the partnership intends to carry on the
business provided that if one or more of the partners is a
corporation, the requirements of (ii), above, shall also be
fulfilled in respect of the corporate partner or partners;
(b)
The applicant shall file with the Licence Commissioner evidence of
ownership of such livery vehicle and proof that the livery vehicle to
be licensed under this By-law has a valid vehicle permit issued
under the Highway Traffic Act and is either registered in the name
of the applicant or leased to the applicant;
(c)
the applicant shall file with the Licence Commissioner evidence of
insurance coverage for the livery vehicle to be licensed under this
By-law in the form and amount provided in this Schedule;
(d)
the applicant shall file with the Licence Commissioner the vehicle
identification number of the vehicle for which the livery vehicle plate
holder licence is applied and to which the applicant shall affix the
livery plate;
21
(e)
the applicant shall file with the Licence Commissioner a safety
standards certificate issued within 30 days of the date of the
applicant's application; and,
(f)
the applicant shall pay the fees prescribed by this By-law.
4.3
In addition to the requirements in 4.1 and 4.2, as may be applicable,
applicants for a Class E - Pedicab vehicle plate and associated livery
plate holder licence shall submit a document, completed by a mechanic
duly licensed to practice in the Province of Ontario, showing mechanical
fitness of the vehicle which is satisfactory to the Licence Commissioner.
(Added by By-law 164-2013, dated October 21, 2013)
4.4
All applicants for a livery vehicle licence shall comply with the requirement
in the Sandwich, Windsor & Amherstburg Railway Act that Council grant
express written consent to allow them to provide transportation of
passengers for hire in the City by obtaining such written consent from the
Licensing Commission, to which Council has delegated its powers under
the Sandwich, Windsor & Amherstburg Railway Act.
4.5
Every licence certificate issued to a livery vehicle owner shall clearly
identify:
(a)
the specific vehicle in respect of which the licence was issued; and,
(b)
the class of livery vehicle licence in respect of which the licence
was issued.
4.6
Every applicant for a livery driver licence shall:
(a)
attend at the office of the Licence Commissioner and complete a
written application for such licence;
(b)
have a basic working knowledge of the English language;
(c)
be at least 18 years of age;
(d)
have a current valid Class G driver's licence issued by the Province
of Ontario pursuant to the Highway Traffic Act;
(e)
supply proof of:
(i)
Canadian Citizenship;
(ii)
Permanent Resident Status; or,
(iii)
a Work Permit to work as a Driver issued by the Government
of Canada;
(f)
provide:
(i) a current passport-sized colour photograph of the applicant;
(ii)
the original search results of a Vulnerable Sector Criminal
Record Check, enhanced screening for those employed in
positions working with vulnerable persons, from each
jurisdiction in Canada in which the applicant has been
resident during the prior 365 days that is satisfactory in form
and content to the Licence Commissioner. In the case of a
renewal, the criminal record check must be dated no more
than one (1) year prior to the date of the application for a
licence renewal. For new applications, the criminal record
check must be dated no more than thirty (30) days prior to
the application for a licence; (Amended by By-law 127-
2011, dated June 20, 2011)
(iii)
a Statement of Driving Record issued by the Ontario
Ministry of Transportation Safety and Regulations division no
more than thirty (30) days prior to the date of the application
22
and
which
is
deemed
acceptable
by
the
Licence
Commissioner; and,
(g)
pay all fees required under this By-law.
4.7
Every person licensed as a livery driver under this By-law shall be
required to obtain a new photo licence every two (2) years, or sooner if
there is a significant change in appearance, as may be required by the
Licence Commissioner.
5.
Transfer of Licence
5.1
No livery driver licence, livery plate holder licence or livery plate shall be
transferable.
5.2
No livery plate holder licence shall be transferable from one class of livery
vehicle to another.
5.3
The Licence Commissioner may, upon receiving satisfactory evidence of
the death of a livery plate holder, transfer such licence(s) into the name of
the estate of the deceased owner, and shall transfer such licence or
licenses where it is determined that the personal representative of the
deceased owner is qualified under this schedule.
5.4
Where a licence(s) had been transferred to the estate of a deceased livery
plate holder, the personal representative(s) of the deceased livery plate
holder shall be deemed to be the owner(s) of the livery vehicle for the
purposes of this schedule.
5.5
No licence governed by this Schedule shall be sold, rented, or leased.
6.
Expiry of Licence
6.1
Licenses issued under the provisions of this Schedule shall expire and
revert to the City if not renewed by August 3lst of each year, and the
Licensing Commission shall be empowered to dispose of such licence in
accordance with the provisions of this Schedule.
6.2
Where the Licence issued under the provisions of this Schedule has
expired and been revoked, the Licence Commissioner shall forthwith
notify, in writing by registered mail, the licensee of the revocation of the
licence.
7.
Responsibilities - Livery Plate Holder
7.1
Every livery plate holder shall:
(a)
ensure that any person operating the livery vehicle upon which the
livery plate is affixed holds a current livery driver's licence;
(b)
maintain a record of the names and livery driver licence numbers of
all livery drivers operating the livery vehicle upon which the livery
plate is affixed including the dates and times during which each
livery driver provided livery service; and
(c)
immediately produce the record maintained pursuant to 7.1(b) upon
request by the Licence Commissioner.
8.
Responsibilities - Livery Vehicle Drivers
8.1
When operating a livery vehicle, every livery driver licensed under this By-
law shall:
(a) carry his or her licence with him or her and maintain it;
(b) produce for inspection his or her licence when requested to do so by
anyone charged with enforcement of this By-law;
(c) punctually keep all appointments and engagements;
23
(d) take care of all property delivered or entrusted to and accepted by him
or her;
(e) immediately before commencing and after ceasing to operate a Livery
Vehicle, examine it for mechanical defects or interior or exterior
damage and report any defects or damage to the livery plate holder;
(f) be civil and courteous, refrain from using profanity and offer to assist
any passenger when it is evident that the passenger is a person with
a disability, elderly or otherwise in need of assistance;
(g) report immediately to the Licence Commissioner when he or she is
charged with or convicted of an offence under the Criminal Code,
R.S.C. 1985, c. C-46, the Controlled Drugs and Substances Act, S.C.
1996 c.19, or the Highway Traffic Act;
(h) report immediately to the Licence Commissioner if his or her driver's
licence issued under the Highway Traffic Act is cancelled, suspended
or revoked, and immediately surrender his or livery vehicle driver
licence to the Licence Commissioner; and
(i) immediately upon the termination of any hiring or engagement,
carefully search his/her livery vehicle for any property lost or left
therein, and all property or money left in his/her vehicle shall be
forthwith delivered over to the person owning the same, or to the
police if the owner cannot be readily discerned.
8.2
Every livery driver shall ensure that adequate trip records are kept and
these records shall include the following:
(a)
client identification;
(b)
driver identification;
(c)
rate charged;
(d)
date and time of service;
(e)
type of service rendered; and,
(f)
pickup points and destination points.
8.3
Trip records are to be prepared immediately upon the conclusion of every
trip, and all trip records must be maintained by the licensed livery vehicle
owner for a period of twelve (12) consecutive months.
8.4
No livery driver shall:
(a) operate a livery vehicle without having a valid livery driver licence or
without the livery plate issued for the vehicle affixed to the livery
vehicle;
(b) carry or permit to be carried in any livery vehicle, more occupants than
the manufacturer's stated seating capacity for such livery vehicle;
(c) solicit or permit the solicitation of any person to become a passenger
in a livery vehicle;
(d) Induce any person to order conveyance service by knowingly
misleading or deceiving such person as to the location or distance from
any part of the City to any other location, nor shall a livery driver allow
any person to employ the livery vehicle by any false representation;
(e) be under the influence of any intoxicant or take, consume or have in
his or her possession any intoxicant while operating a livery vehicle;
(f) contravene or permit the contravention of the City's Smoking By-law;
(g) operate a livery vehicle if the livery driver knows such livery vehicle
would not comply with requirements of a safety standards certificate;
(h) operate a livery vehicle whose owner does not have a livery plate and
associated livery plate holder licence; or,
24
(i) operate a livery vehicle for which there is no current insurance under
the Compulsory Automobile Insurance Act, R.S.O. 1990, and c. C. 25.
or other applicable legislation.
9.
Insurance
9.1
Every applicant for a livery vehicle plate holder licence shall file with the
Licence Commissioner either a copy of the insurance policy or a certificate
of insurance in respect of the livery vehicle which insurance shall meet the
following requirements:
(a) issuance by an insurer duly authorized to issue insurance within the
Province of Ontario;
(b) for each livery vehicle, liability coverage is in the amount of not less
than THREE MILLION DOLLARS ($3,000,000.00) for personal injury
or property damage arising out of any one accident or occurrence;
(c) it shall not be cancelled by the insurer until after fifteen (l5) days written
notice of such cancellation is given to the Licence Commissioner; and,
(d) the owner of the livery vehicle shall be named as the insured and all
insured livery vehicles shall be listed and described.
9.2
Where notice of cancellation of the insurance policy or the certificate of
liability insurance is given to the Licence Commissioner by the insurer, the
livery plate holder licence shall be deemed to be revoked upon the same
date the insurance policy or certificate of liability insurance is cancelled,
unless the livery vehicle plate holder licensee presents the Licence
Commissioner with new proof of insurance as required under this
schedule.
10.
Livery Vehicles
10.1 No livery vehicle shall display advertising bearing the words "taxicab",
"taxi", or "cab"; nor be equipped with a roof sign or fare meter, nor be
dispatched by a two-way radio.
10.2 Every licensee under this schedule shall keep both the exterior and
interior of the licensed vehicle clean, fit, proper and in good repair, and
whenever the driver or owner of the licensed vehicle receives notice
signed by the Licence Commissioner stating that such vehicle is not in a fit
or proper condition for use and setting forth briefly the items complained
of, such driver or owner shall, within the time set forth in such notice, put
the same in a fit and proper condition.
10.3 Every livery plate holder shall submit the livery vehicle for examination by
a certified mechanic duly licensed by the Province of Ontario and provide
a safety standards certificate to the Licence Commissioner
(a) upon renewal of the livery plate holder licence, which safety standards
certificate shall be dated no more than thirty (30) days prior to the
renewal date; and,
(b) at any other time as the Licence Commissioner may require.
10.4 Every livery vehicle shall be inspected by the Licence Commissioner prior
to being licenced, and thereafter from time to time as the Licence
Commissioner may require, and no livery plate holder or livery driver shall
refuse or neglect to submit such livery vehicle for inspection when
required, or prevent or hinder the Licence Commissioner from inspecting
and/or testing the livery vehicle or from entering any garage or other
25
building for such purpose.
10.5 During any inspection, every livery plate holder or livery driver shall, upon
the request of the Licence Commissioner or any other person charged
with the enforcement of this By-law, produce all relevant licenses, permits,
invoices, vouchers, appointment books, trip records or like documents and
any of these documents may be removed for photocopying provided that
the livery plate holder or livery driver is given a receipt and the documents
are returned within forty-eight (48) hours.
10.6 When the Licence Commissioner believes that a livery vehicle or its
equipment is mechanically defective, the Licence Commissioner or
designate shall personally serve written notice on the livery plate holder or
livery driver requiring such livery plate holder or livery driver to submit the
livery vehicle for examination by a certified mechanic duly licensed by the
Province of Ontario and the owner shall have twenty-four (24) hours from
the time of service of the notice to obtain the required inspection and to
provide the Licence Commissioner with a valid certificate of mechanical
fitness, and the vehicle may not be operated as a livery vehicle until such
time.
10.7 Whenever any livery vehicle is involved in any accident which affects the
safe operation of a livery vehicle, whether within or outside the limits of the
City, the livery plate holder or livery driver of such vehicle shall
immediately submit a written report of such accident to the Licence
Commissioner.
10.8 All Class B, and C livery vehicles shall not exceed twelve (12) model years
in age. (Amended by By-law 130-2011, dated July 4, 2011)
10.9 No Class D livery vehicle shall be more than ten (10) model years in age.
10.10 For the purpose of this By-law, the age of a Class D livery vehicle shall be
determined from August 31st of the model year of said vehicle.
10.11 A livery vehicle plate holder may apply for a vehicle replacement upon
filing the following with the Licence Commissioner:
(a)
application for a vehicle replacement in the prescribed form;
(b)
evidence of insurance coverage as required herein;
(c)
safety standards certificate;
(d)
copy of ownership of the proposed replacement vehicle; and,
(e)
fees as prescribed in Schedule 2 of this by-law.
10.12 Where a vehicle replacement application is submitted to the Licensing
Commission, the Licensing Commission may in its sole discretion approve
or deny the vehicle replacement application.
10.13 Where the Licensing Commission does not approve the vehicle
replacement, the applicant shall be permitted to withdraw the application.
10.14 Every livery plate holder shall be permitted to maintain a substitute vehicle
at all times, provided that the substitute vehicle is of the same class as the
vehicle for which it will be substituted, and provided that the reasons for
the substitution shall be communicated to the Licensing and Enforcement
Department by facsimile transmission or by electronic mail not later than
the next business day following the substitution.
10.15 Every livery plate holder licensed under this By-law shall be required to
notify the Licence Commissioner, in writing, of the particulars of any livery
vehicle which has been taken out of service and the date thereof, within
fourteen (14) days of such event.
26
10.16 In the event that the Licence Commissioner requires a sign, card or other
notice be displayed in a livery vehicle, the Licence Commissioner shall
send the sign, card or other notice by regular mail to the licensees under
this Schedule at the addresses noted on file and the livery plate owner
and the livery vehicle driver shall be responsible to ensure that same is
displayed as required.
11.
Rates and Charges
11.1 Every livery vehicle excluding pedicabs shall charge at least $50 per hour
or parts thereof.
11.2 Every livery vehicle of a van type shall charge a 15% premium on livery
fares that are based on destinations within the City and are not less than
the fare for a ten (10) kilometre taxicab ride.
11.3 Every owner of a livery vehicle shall file with the Licence Commissioner a
schedule of rates to be charged for the conveyance of passengers in the
Windsor area for every livery vehicle owned by them.
11.4 A copy of the applicable schedule of rates filed in accordance with 11.3
shall at all times be kept by the livery vehicle plate owner and/or the livery
vehicle driver in such vehicle to be shown to the hirer on demand, and no
person licensed under this by-law shall use or publish any other schedule
of rates or tariff than that described in 11.3.
11.5 A schedule of rates filed with the Licence Commissioner by an owner of a
livery vehicle may only be amended:
(a)
upon the provision of thirty (30) days' notice of the owner's intention
to amend such rate schedule to the Licence Commissioner; or,
(b)
on consent of the Licensing Commission.
11.6 No person licensed under this Schedule shall publish or use a tariff, or
demand or receive rates or charges, other than those filed with the
Licence Commissioner and such rates or charges shall be maintained in
the vehicle and made available for inspection on request.
12.
Pedicab Restrictions
12.1 Pedicabs are prohibited from operating on the following streets in the
Downtown Business Improvement Area:
(a)
Wyandotte Street;
(b)
University Avenue;
(c)
Riverside Drive; and,
(d)
Goyeau at the tunnel entrance.
27
SCHEDULE 4
Taxicab Drivers, Brokers, Taxicab and
Taxicab Wheelchair Accessible Vehicle Owners
PART I - GENERAL
1.
Application of this Schedule
1.1
This Schedule governs the following licenses:
(a)
Taxicab Drivers;
(b)
Brokers;
(c)
Taxicab Plate Holders;
(d)
Taxicab Wheelchair Accessible Plate Holders.
1.2
In this Schedule, unless otherwise specified, where notice is required to
be sent by the Licence Commissioner, notice shall be sent by registered
mail to the last address for the recipient contained in the records of the
City's Licensing Office, such notice being deemed to be received on the
3rd day after mailing, regardless of whether the notice was actually
received.
2.
Limitation on Number of Plates Issued
2.1
The number of Taxicab Plates to be issued by the Licence Commissioner
shall not exceed two hundred and eleven (211) Taxicab Vehicle Plates,
and twenty one (21) Taxicab Wheelchair Accessible Vehicle Plates, in
number.
2.2
At least every two (2) years, the Licence Commissioner shall determine
the number of Taxicab Plates and Taxicab Wheelchair Accessible Plates
to be in issuance and will consider such factors as changes in:
(a) wait times and demand for service (regular and accessible);
(b) level of customer satisfaction;
(c) number of trips dispatched;
(d) changes in population;
(e) changes in tourism-related activity; and,
(f) changes in public transit and handi-transit ridership.
3.
Term of Licence
3.1
Licenses issued under the provisions of this Schedule shall expire and
revert to the City if not renewed by August 3lst of each year, and the
Licensing Commission shall be empowered to dispose of the licence in
accordance with the provisions of this Schedule.
3.2
Where the Licence issued under the provisions of this Schedule has
expired and been revoked, the Licence Commissioner shall forthwith notify
in writing the holder of the licence of the revocation of the licence.
3.3
All taxicab and taxicab wheelchair accessible plates and associated
taxicab and taxicab wheelchair accessible plate holder licenses issued by
the City shall be valid for a period not exceeding one (1) year.
28
PART II - APPLICATIONS AND RENEWALS
4. Plate Holder Applications and Renewal
4.1
No taxicab plate or taxicab wheelchair accessible vehicle plate and
associated taxicab or taxicab wheelchair accessible vehicle plate holder
licence shall be issued under this By-law until the following requirements
have been met:
(a)
If the Applicant;
(i)
is an individual, the applicant shall attend the office of the
Licence Commissioner in person and complete a written
application for such licence as prescribed by the Licence
Commissioner and provide proof that the applicant is not
less than eighteen (18) years of age;
(ii)
If a corporation, the applicant shall file copies of the articles
of incorporation as well as any articles of amendment or
articles of amalgamation, together with an annual return
which contains a list of all shareholders of the corporation; or
(iii)
is a partnership, the applicant shall provide the names and
addresses of each member of the partnership as well as the
name under which the partnership intends to carry on a
business provided that if one or more of the partners is a
corporation, the requirements of (ii), above, shall also be
fulfilled in respect of the corporate partner or partners;
(b)
the applicant shall file with the Licence Commissioner evidence of
ownership of such taxicab or taxicab wheelchair accessible vehicle
and proof that the taxicab or taxicab wheelchair accessible vehicle
to be licensed under this By-law has a valid vehicle permit issued
under the Highway Traffic Act and is either registered in the name
of the applicant or leased to the applicant;
(c)
the applicant shall file with the Licence Commissioner evidence of
insurance coverage for the taxicab or taxicab wheelchair accessible
vehicle to be licensed under this By-law in the form and amount
provided in this Schedule;
(d)
the applicant shall file with the Licence Commissioner the vehicle
identification number of the vehicle for which the taxicab or taxicab
wheelchair accessible vehicle plate holder licence is applied and to
which the applicant shall affix the taxicab or taxicab wheelchair
accessible vehicle plate;
(e)
DELETED BY BY-LAW 79-2012, dated July 23, 2012
(f)
the applicant shall pay any fees prescribed by this By-law.
(g) upon written notification to the Licence Commissioner at least 30
days prior to the renewal deadline, a plate holder may request a
hearing before the Windsor Licensing Commission to request that
the requirements of Sections 4.1 (b) (c) (d) and (e) of this schedule
be waived at the time of application for plate holder licence
renewal. (Added by By-law 89-2012, dated July 9, 2012)
(h)
a plate holder who receives approval from the Windsor Licensing
Commission, granted under 4.1 (g) of this Schedule, will be allowed
to make application for renewal of said plate holder licence in
accordance with all conditions placed by the Commission and all
other requirements of this schedule but will not be issued a licence
or a validation sticker until the applicant provides all necessary
documentation and the taxicab vehicle is inspected and approved
29
by the Licence Commissioner or his/her delegate. (Added by By-
law 89-2012, dated July 9, 2012)
4.2
If the taxicab or taxicab wheelchair accessible plate holder licensee has
not made application for renewal by the fifteenth (15th) day after expiration
of the licence, the Licence Commissioner shall provide written notice to
the licensee to the address shown on the licence.
4.3
The notice sent under 4.2 shall contain information regarding the last date
for renewal and a statement advising that if the taxicab or taxicab
wheelchair accessible plate holder fails to renew by the thirtieth (30th) day
after expiration of the licence, the taxicab or taxicab wheelchair accessible
plate holder licence will be forfeited.
4.4
In the event that a taxicab or taxicab wheelchair accessible plate holder
does not renew the licence on or before its expiration, the plate holder
may renew the licence by making application up to and including the
thirtieth (30th) day after the expiration of the licence and shall pay at the
time of the issuance of the taxicab or taxicab wheelchair accessible plate
holder licence the licence fee as set out in Schedule 2.
4.5
In the event the taxicab or taxicab wheelchair accessible plate holder
licence is not renewed on or before the thirtieth day after its expiration, the
taxicab or taxicab wheelchair accessible plate licence shall be forfeited
and the plate shall be returned immediately to the Licence Commissioner
who may offer the plate to the persons on the Drivers' List in order of
priority.
4.6
A separate taxicab and taxicab wheelchair accessible plate holder licence
shall be obtained for each taxicab and taxicab wheelchair accessible
vehicle.
4.7
Upon issuance of a licence under this Schedule, the Licence
Commissioner shall furnish to the licensee the licence certificate, the
taxicab or taxicab wheelchair accessible plate and the validation sticker
bearing the current licensing year.
4.8
The taxicab or taxicab wheelchair accessible plate shall be firmly affixed to
the back of the taxicab or taxicab wheelchair accessible vehicle by at least
two (2) bolts inserted through the plate into the body of the vehicle in a
position approved by the Licence Commissioner.
5.
Taxicab Driver Licence and Renewal
5.1
Subject to Section 22.2 of this By-law, every Applicant in the first instance
for a Taxicab Driver Licence shall:
(a)
attend at the office of the Licence Commissioner and complete a
written application for such licence;
(b)
be at least 18 years of age;
(c)
have a current valid Class G driver's licence issued by the Province
of Ontario pursuant to the Highway Traffic Act;
(d)
provide a document satisfactory to the Licence Commissioner
showing that the applicant has completed a taxicab training course
approved by the Licence Commissioner. The applicant must have
successfully completed the taxicab training course within 180 days
immediately preceding the application for a Taxicab Driver Licence.
(Amended by By-Law 69-2014, dated April 22, 2014)
(e)
supply proof of:
i.
Canadian Citizenship;
ii.
Permanent Resident Status; or,
30
iii.
a Work Permit to work as a Driver issued by the Government
of Canada;
(f)
provide:
i. a current passport-sized colour photograph of the applicant;
ii. the original search results of a Vulnerable Sector Criminal
Record Check, enhanced screening for those employed in
positions working with vulnerable persons, from each
jurisdiction in Canada in which the applicant has been resident
during the prior 365 days that is satisfactory in form and
content to the Licence Commissioner. In the case of a
renewal, the criminal record check must be dated no more
than one (1) year prior to the date of the application for a
licence renewal. For new applications, the criminal record
check must be dated no more than thirty (30) days prior to the
application for a licence; (Amended by By-law 127-2011,
dated June 20, 2011)
iii. a Statement of Driving Record issued by the Ontario Ministry
of Transportation Safety and Regulations division no more
than thirty (30) days prior to the date of the application and
which is deemed acceptable by the Licence Commissioner;
(h) pay all fees required under this By-law.
5.2
No person shall drive a taxicab or taxicab wheelchair accessible vehicle
without holding a current taxicab driver licence issued by the Licence
Commissioner.
5.3
Subject to Section 22.2 of this By-law, upon renewal of a taxicab driver
licence, the applicant must submit to the Licence Commissioner:
(a)
an application for a taxicab driver licence completed and executed
by the applicant in person;
(b)
proof of a current valid Class G driver's licence issued to the
applicant by the Province of Ontario pursuant to the Highway Traffic
Act;
(c)
the original search results of a Vulnerable Sector Criminal Record
Check, enhanced screening for those employed in positions
working with vulnerable persons, from each jurisdiction in Canada
in which the applicant has been resident during the prior 365 days
that is satisfactory
in
form
and
content
to
the
Licence
Commissioner. In the case of a renewal, the criminal record check
must be dated no more than one (1) year prior to the date of the
application for a licence renewal. For new applications, the criminal
record check must be dated no more than thirty (30) days prior to
the application for a licence; (Amended by By-law 127-2011,
dated June 20, 2011)
(d)
a Statement of Driving Record issued by the Ontario Ministry of
Transportation Safety and Regulations division no more than thirty
(30) days prior to the date of the application and which is deemed
acceptable by the Licence Commissioner;
(e)
payment of all fees required by this By-law; and
Upon submission of the aforementioned items and the other
requirements of Section 5.3, a licence, conditional upon receiving
complete results of the vulnerable sector criminal record check and
satisfactory in form and content to the Licence Commissioner, will
be issued (Added by By-law 136-2010 dated August 23, 2010)
31
5.4
In the event that a taxicab driver allows his or her licence to lapse, the
taxicab driver shall be required to successfully complete a taxicab training
course approved by the Licence Commissioner. (Amended by By-law 69-
2014, dated April 22, 2014).
5.5
Every person licensed as a taxicab driver under this By-law shall be
required to obtain a new photo licence every two (2) years, or sooner if
there is a significant change in appearance, or as may be required by the
Licence Commissioner.
PART III - DRIVERS' LIST
6.
Drivers' List
6.1
Licenses, which are in the possession of the Licensing Commission by
reasons of revocation, or by an increase in the number of plates to be
made available as approved by City Council, shall be distributed by the
Licence Commissioner to those on the Drivers' List.
6.2
The Licence Commissioner shall maintain a Drivers' List of applicants for
taxicab and taxicab wheelchair accessible plates in order of the date on
which the applications are submitted and, subject to the provisions of this
By-law, this Drivers' List shall be used in determining the priority for
issuing taxicab and taxicab wheelchair accessible vehicle plates.
6.3
The Drivers' List shall be open and accessible to the public during normal
business hours at the office of the Licence Commissioner.
6.4
When a complete application for a taxicab and taxicab wheelchair
accessible plate is submitted to the Licence Commissioner and the
applicant satisfies all the requirements of this Schedule, but a taxicab or
taxicab wheelchair accessible plate cannot be issued due to the limitation
on the number of such plates to be issued as declared in this By-law, the
Licence Commissioner shall place the applicant's name at the end of the
Drivers' List.
6.5
No person shall be named more than once on the Drivers' List at any one
time.
6.6
Once a person receives a taxicab or taxicab wheelchair accessible plate,
either by the operation of the Drivers' List or by a transfer permitted
herein, that person is no longer eligible and shall be stricken from the
Drivers' List.
6.7
No person who has been issued a taxicab or taxicab wheelchair
accessible plate by the operation of the Drivers' List may re-enter his or
her name on the Drivers' List at any time.
6.8
When a taxicab or taxicab wheelchair accessible plate becomes available
for issuance, the Licence Commissioner shall notify the applicant whose
name is at the top of the Drivers' List in writing requesting that the
applicant attend at the office of the Licence Commissioner within fourteen
(14) days of the date of the letter to pay the required fee and be issued the
taxicab or taxicab wheelchair accessible plate and the associated taxicab
or taxicab wheelchair accessible plate holder licence
6.9
When a taxicab or taxicab wheelchair accessible plate and associated
taxicab or taxicab wheelchair accessible plate holder licence is issued to
an applicant on the Drivers' List, the name of that applicant shall be
removed from the Drivers' List by the Licence Commissioner and all other
names below shall be moved forward one position.
6.10 Should the applicant on the Drivers' List refuse the next available taxicab
or taxicab wheelchair accessible plate and associated taxicab or taxicab
wheelchair accessible plate holder licence, the applicant's name shall be
maintained in position on the Drivers' List by the Licence Commissioner
and will continue to be eligible for a taxicab or taxicab wheelchair
32
accessible plate and associated taxicab or taxicab wheelchair accessible
plate holder licence.
6.11 No person issued a taxicab or taxicab wheelchair accessible plate and
associated taxicab or taxicab wheelchair accessible plate holder licence
from the Drivers' List after the date of enactment of this By-law shall:
(a)
lease, give up possession of, transfer, assign or convey any right,
title or interest in the taxicab or taxicab wheelchair accessible plate
holder licence; or,
(b)
give up possession, custody or control of the taxicab or taxicab
wheelchair accessible vehicle, except to drivers engaged by him or
her to operate the taxicab or taxicab wheelchair accessible vehicle
on a rotating shift basis.
6.12 Should any taxicab or taxicab wheelchair accessible plate holder fail to
maintain the operation of any taxicab or taxicab wheelchair accessible
vehicle owned by the taxicab or taxicab wheelchair accessible plate holder
for a period of at least 120 successive days, the taxicab or taxicab
wheelchair accessible plate holder licence shall be recommended for
suspension or revocation by the Licence Commissioner.
7.
Eligibility
7.1
To be placed on the Drivers' List, the following criteria must be met:
(a)
the applicant is not at the time of application licensed as a taxicab
or taxicab or taxicab wheelchair accessible vehicle plate holder and
has not been so licensed for a period of at least one (1) year
immediately preceding the application;
(b)
the applicant is not, and has not been during the period of at least
one (1) year immediately preceding the application, a shareholder
or a partner in any company or firm having a direct or indirect
interest in a taxicab or taxicab wheelchair accessible plate holder's
licence;
(c)
the applicant is and has been licensed as a taxicab driver
continuously by the City of Windsor, without revocation, lapse or
suspension for at least one (1) year immediately preceding the
application, and has been continuously and is presently earning a
living in the City of Windsor either as a taxicab driver or as a
taxicab dispatcher or taxicab fleet manager for an owner during the
whole of such one (1) year period (on a full-time basis and not on a
part-time basis, where full-time is defined as working at least 35
hours a week for 40 weeks in the one (1) year prior to the date of
the application);
(d)
the applicant provides a signed declaration and an employer's letter
confirming the full-time status in accordance with 7.1;
(e)
the applicant's taxicab driver licence is in good standing, with no
outstanding charges under this By-law; and,
(f)
the applicant pays all fees prescribed by this By-law.
7.2
An applicant whose name has been placed on the Drivers' List shall be
stricken from the Driver's List if at any time after being placed on the
Drivers' List:
(a)
the applicant acquires, by any means, a taxicab or taxicab
wheelchair accessible vehicle plate licence or an interest of any
kind, whether direct or indirect, in a taxicab or taxicab wheelchair
accessible plate holder licence, or becomes a shareholder in, or a
partner in, or acquires some other interest in, a company or firm
holding a taxicab or taxicab wheelchair accessible plate holder
licence;
33
(b)
the applicant's taxicab driver licence lapses or is revoked;
(c)
the applicant ceases to earn his or her living in the City of Windsor
on a full-time basis as defined in 7.1(c), where an applicant whose
taxicab driver's licence has been suspended under this By-law shall
be deemed not to cease to earn his living on a full-time basis as a
taxicab driver during the period of his suspension; or,
(d)
the applicant fails to renew the application annually, including the
signing of a statutory declaration as provided in 7.1(d) and the
provision of the letter described in 7.1(d) and the payment of any
required fees to maintain his or her status on the Drivers' List as
required by the Licence Commissioner.
7.3
Any applicant on the Drivers' List who is determined by the Licence
Commissioner not to comply with the requirements of this By-law, shall be
notified in writing by the Licence Commissioner that his or her name is to
be removed from the Drivers' List, and may appeal this removal by
requesting a hearing before the Licensing Commission no more than
fourteen (14) days following the date of issuance of the notice.
7.4
Where an applicant on the Drivers' List requests a hearing before the
Licensing Commission under 7.3, the onus of proving compliance with the
provisions of this Schedule shall rest with the applicant.
7.5
When a request for a hearing before the Licensing Commission has been
made, the Licence Commissioner shall:
(a)
not remove the name of the applicant appealing from the Drivers'
List until the Licensing Commission has heard the appeal and City
Council has finally disposed of it;
(b)
note beside the name on the Drivers' List that an appeal has been
requested; and,
(c)
not issue any taxicab or taxicab wheelchair accessible plate and
associated taxicab or taxicab wheelchair accessible plate holder
licence until such time as the Licensing Commission has disposed
of all outstanding appeals, except in the case of permitted transfers
of taxicab or taxicab wheelchair accessible plates and associated
taxicab or taxicab wheelchair accessible plate holder licenses
under this Schedule.
7.6
In the event that an applicant dies while named on the Driver's List, the
Licence Commissioner shall immediately strike that applicant's name upon
becoming aware of the death.
7.7
Notwithstanding section 7.2 of this Schedule, when an applicant has been
unable to meet the requirements of that section on account of illness,
injury or other medical disability, the applicant's name may remain on the
Drivers' List if immediately upon the happening or onset of the illness,
injury or disability, the applicant files with the Licence Commissioner a
statutory declaration attesting to the condition, together with supporting
documentation including a medical certificate from a physician certified to
practise in Ontario detailing the nature of the illness, the date of the loss of
ability to operate a taxicab or taxicab wheelchair accessible vehicle and
the expected date of return to work, and any other such other evidence as
the Licence Commissioner may require.
7.8
On every anniversary of the submission of a medical certificate pursuant
to 7.7, where the applicant continues to be unable to drive a taxicab or
taxicab wheelchair accessible vehicle as required under 7.1 of this
Schedule, the applicant shall submit to the Licence Commissioner a
report, completed by a physician certified to practise in Ontario, detailing
the applicant's medical condition and continued inability to operate a
taxicab or taxicab wheelchair accessible vehicle, and the expected date of
return to work.
34
8.
No Right Granted
8.1
No person, by virtue of applying for a taxicab and taxicab wheelchair
accessible plates and associated taxicab and taxicab wheelchair
accessible plate holder licence, or by virtue of being placed on the Drivers'
List, shall obtain a vested interest or any right whatsoever to a taxicab and
taxicab wheelchair accessible plate and associated taxicab and taxicab
wheelchair accessible plate holder licence or to remain on the Drivers'
List.
8.2
City Council may at any time amend or repeal this By-law or enact a
successor by-law or by-laws which may place further or additional
requirements or restrictions on applicants for taxicab and taxicab
wheelchair accessible plates and associated taxicab and taxicab
wheelchair accessible plate holder licenses, or may purge or eliminate the
Drivers' List in its entirety.
8.3
The Drivers' List shall not oblige the City to issue a licence to any
applicant on the Drivers' List, regardless of whether the applicant is at the
top of the list or is the earliest entry, nor does the Drivers' List give any
such applicant a vested interest or any right whatsoever in a taxicab and
taxicab wheelchair accessible plates and associated taxicab and taxicab
wheelchair accessible plate holder licence and its use shall be solely for
establishing the order of priority of applicants seeking to obtain taxicab
and taxicab wheelchair accessible plates and associated taxicab and
taxicab wheelchair accessible plate holder licenses.
8.4
Those applicants listed on the Drivers' List established under By-law No.
396-2004 shall be placed and maintained on the Drivers' List established
under this By-law in the order in which they appeared on the Drivers' List
under By-law No. 396-2004, provided that they meet all the requirements
of this By-law and in priority to all subsequent applicants for a taxicab and
taxicab wheelchair accessible plate and associated taxicab and taxicab
wheelchair accessible plate holder licence under this By-law.
PART IV - OBLIGATIONS AND RESPONSIBILITIES
9.
Taxicab and Taxicab Wheelchair Accessible Plate Holder
Responsibilities
9.1
Every taxicab or taxicab wheelchair accessible vehicle plate holder shall:
(a) ensure that any person operating the taxicab or taxicab wheelchair
accessible vehicle upon which the taxicab or taxicab wheelchair
accessible vehicle plate is affixed holds a current taxicab driver's
licence;
(b) maintain a record of the names and taxicab driver licence numbers of
all taxicab drivers operating the taxicab or taxicab wheelchair
accessible vehicle upon which the taxicab or taxicab wheelchair
accessible vehicle plate is affixed including the dates and times during
which each taxicab driver provided conveyance service; and,
(c) immediately produce the record maintained pursuant to 9.1 (b) upon
request by the Licence Commissioner.
9.2
Every newly-licensed taxicab or taxicab wheelchair accessible plate holder
shall place his or her vehicle in operation within 30 days from the date the
taxicab or taxicab wheelchair accessible plate and associated taxicab or
taxicab wheelchair accessible plate holder licence is granted, failing which
the taxicab or taxicab wheelchair accessible plate and associated taxicab
or taxicab wheelchair accessible plate holder licence shall be returned to
the Licence Commissioner who may proceed to issue the taxicab or
35
taxicab wheelchair accessible plate and associated taxicab or taxicab
wheelchair accessible plate holder licence to the next eligible applicant on
the Drivers' List.
10.
Taxicab Driver Responsibilities
10.1 When operating a taxicab or taxicab wheelchair accessible vehicle, every
taxicab driver licensed under this By-law shall:
(a) carry his or her taxicab driver licence on his or her person and make it
visible at all times to the passenger(s) in his or her taxicab or taxicab
wheelchair accessible vehicle;
(b) produce for inspection his or her taxicab driver licence when
requested to do so by anyone charged with enforcement of this By-
law;
(c)
immediately before commencing and after ceasing to operate a
taxicab or taxicab wheelchair accessible vehicle, examine it for
mechanical defects or interior or exterior damage and report any
defects or damage to the taxicab or taxicab wheelchair accessible
vehicle plate holder;
(d) punctually keep all appointments and engagements;
(e) be civil and courteous, refrain from using profanity, and offer to assist
any passenger when it is evident that the passenger is a person with
a disability, elderly or otherwise in need of assistance;
(f) be clean and well groomed at all times while on duty, where "clean"
means a state of personal hygiene, body and hair cleanliness and
absence of offensive
body odour normally associated with infrequent laundering of clothes
and infrequent or inadequate bathing;
(g) wear clothing, which is neat, clean, free from soil, grease and dirt and
not having any unrepaired rips or tears;
(h) keep a current street guide or similar resource satisfactory to the
Licence Commissioner for the City and surrounding area in the
taxicab or taxicab wheelchair accessible vehicle;
(i)
drive the taxicab or taxicab wheelchair accessible vehicle using the
most direct travelled route to the destination, unless otherwise
directed by the passenger;
(j)
upon request by a passenger, furnish him or her with a receipt for
charges made and paid, which shall include the mileage travelled and
the name and licence number of the taxicab driver, the date and
taxicab number. Upon request by a passenger, the taxicab driver
shall allow the fare to be paid by credit card or debit card payment
through the system authorized by the Licence Commissioner;
(k) take care of all property delivered or entrusted to and accepted by
him or her;
(l)
ensure that packages carried shall be of a size to be safely and
wholly enclosed either in the vehicle or trunk/cargo area;
(m) immediately upon the termination of any hiring or engagement,
carefully search the taxicab or taxicab wheelchair accessible vehicle
for any property lost or left therein, and all property or money left in
the vehicle shall be forthwith delivered over to the person owning the
same, or to the police if the owner cannot be readily discerned;
(n) report immediately to the Licence Commissioner when he or she is
charged with or convicted of an offence under the Criminal Code,
R.S.C. 1985 c.C-46, the Controlled Drugs and Substances Act, S.C.
1996 c.19, or the Highway Traffic Act;
36
(o) report immediately to the Licence Commissioner if his or her driver's
licence is suspended or revoked and shall immediately surrender his
or her taxicab vehicle driver licence to the Licence Commissioner; and
(p) maintain a trip sheet during every shift, which is to be deposited at the
end of each shift with the plate holder of the vehicle, or the broker,
who shall maintain same for a period of one (1) year. The trip sheet
shall be in a form approved by the Licence Commissioner and shall
contain the following information:
(i)
the name of the owner of taxicab or taxicab wheelchair
accessible vehicle plate, and the name of the broker, if any;
(ii)
taxicab number;
(iii)
date;
(iv)
start and end times of each driver's shift;
(v)
the odometer reading showing on the meter at:
(1.) the commencement of each shift; and,
(2.) the conclusion of each shift;
(vi)
the number of trips taken during the shift;
(vii)
the time of each trip;
(viii)
pick-up address of each trip;
(ix)
the destination of each trip; and,
(x)
the charge for each trip.
10.2 All taxicab drivers shall ensure that the following things are visible to any
passenger inside the taxicab or taxicab wheelchair accessible vehicle:
(a)
the taxicab driver's photo licence;
(b)
the tariff card;
(c)
a small self-adhesive sign with the words:
"Please contact 311 if you have any complaints or
compliments regarding service received. All calls
confidential."
(d)
a minimum of two (2) City of Windsor By-law "No Smoking"
stickers;
(e)
City of Windsor By-law "No Smoking" stickers with the words
"Passengers may face charges for smoking in this taxicab";
(f)
a small self-adhesive sign with the words "If the meter is not on, the
fare is free"; and
(g)
a City of Windsor Passenger Bill of Rights attached to this schedule
as Appendix "B".
10.3 No taxi driver shall:
(a) operate a taxicab or taxicab wheelchair accessible vehicle without
having a valid taxicab driver licence or without the taxicab or taxicab
wheelchair accessible vehicle plate issued for the vehicle affixed to the
taxicab or taxicab wheelchair accessible vehicle;
(b) carry or permit to be carried in any taxicab or taxicab wheelchair
accessible vehicle more occupants than the manufacturer's stated
seating capacity for such taxicab or taxicab wheelchair accessible
vehicle;
(c) solicit or permit the solicitation of any person to become a passenger in
a taxicab or taxicab wheelchair accessible vehicle;
37
(d) induce any person to order conveyance service by knowingly
misleading or deceiving such person as to the location or distance from
any part of the City to any other location, nor shall a taxicab driver
induce any person to employ the taxicab or taxicab wheelchair
accessible vehicle by any false representation;
(e) be under the influence of any intoxicant or take, consume or have in
his or her possession any intoxicant while operating a taxicab or
taxicab wheelchair accessible vehicle;
(f) contravene or permit the contravention of the City's Smoking By-law;
(g) operate a taxicab or taxicab wheelchair accessible vehicle if the
taxicab driver knows such taxicab or taxicab wheelchair accessible
vehicle would not comply with requirements of a safety standards
certificate;
(h) operate a taxicab or taxicab wheelchair accessible vehicle whose
owner does not have a taxicab or taxicab wheelchair accessible
vehicle licence plate and associated taxicab or taxicab wheelchair
accessible vehicle plate holder licence;
(i) operate a taxicab or taxicab wheelchair accessible vehicle for which
there is no current insurance under the Compulsory Automobile
Insurance Act, R.S.O. 1990, and c. C. 25. or other applicable
legislation;
(j) provide a conveyance service to an individual when the taxicab driver's
taxicab or taxicab wheelchair accessible vehicle is already occupied by
another passenger, unless:
(i)
the first passenger approves; or,
(ii)
the situation is an emergency; or,
(iii)
the trip is exclusively to take students to or from school;
(k) overcrowd a taxicab stand or displace any taxicab or taxicab
wheelchair accessible vehicle already at a taxicab stand;
(l) interfere in any way with the normal use of a taxicab stand, a public
place or with the flow of surrounding traffic;
(m) operate the taxicab or taxicab wheelchair accessible vehicle for the
provision of taxicab service when the seal affixed to the taximeter is
not intact;
(n) operate a taxicab or taxicab wheelchair accessible vehicle without
side numbers and a properly functioning roof light;
(o) accept any engagement conflicting with a previous appointment; if the
taxicab driver should neglect to fulfil his or her engagements in a
punctual manner the taxicab driver may be subject the penalties
under this By-law; provided, however, that the taxicab driver shall not
be compelled to accept any order from a person who has outstanding
charges in respect of a previous fare or service, unless and until such
outstanding charges shall be paid;
(p) without reasonable excuse, refuse at any time to serve the first person
requiring the service of his or her taxicab or taxicab wheelchair
accessible vehicle at any place within the City; or
(q) transport or permit to be transported, goods exceeding a value of
$250.00 unless adequate insurance coverage is provided by the
individual requesting the transfer of goods.
10.4 No taxicab driver shall refuse to transport a passenger accompanied by a
service animal or by an animal in a portable kennel or cage.
10.5 Despite any other provision of this By-law, a taxicab driver shall be entitled
to refuse to provide taxicab service to any person if:
38
(a)
the taxicab is already engaged in providing taxicab service;
(b)
such person has not paid the fare for a previous trip;
(c)
such person refuses to pay in a manner provided in this By-law;
(d)
such person refuses to disclose the final destination for the trip
upon entering the taxicab;
(e)
such person asks the taxicab driver to drive him or her to a
destination that the taxicab driver believes to be unsafe;
(f)
such person has an excessive number of packages or personal
articles that will not fit safely in the taxicab;
(g)
such person seeks to be accompanied by a number of passengers
which exceeds the number of seat belt assemblies available for
passengers;
(h)
such person is, in the opinion of the taxicab driver, obnoxious or
abusive;
(i)
in the opinion of the taxicab driver, such person poses a threat to
the taxicab driver;
(j)
such person is accompanied by an animal that is neither a service
animal nor in a cage or portable kennel.
10.6 Where a taxicab driver refuses to provide taxicab service to a person or
persons pursuant to 10.5, the taxicab driver shall immediately record in
writing the reasons for his or her refusal and shall retain the record for a
period of thirty (30) days.
PART V - TAXICABS, INSURANCE AND EQUIPMENT
11.
Taxicab and Taxicab Wheelchair Accessible Vehicles
11.1 In addition to the taxicab or taxicab wheelchair accessible vehicle plate,
every taxicab or taxicab wheelchair accessible vehicle plate holder for
each taxicab and taxicab wheelchair accessible vehicle shall provide and
maintain the following equipment and markings on the vehicle while it is
operated as a taxicab or taxicab wheelchair accessible vehicle:
(a)
a number, assigned by the Licence Commissioner, shall be painted
on the
exterior sides of the taxicab or taxicab wheelchair accessible
vehicle in a contrasting colour and in characters at least sixteen
(16) centimetres (six inches) high, to the approval of the Licence
Commissioner;
(b)
no number, other than the number referred to in 11.1(a) and other
than a telephone number, shall be painted on any licensed taxicab
or taxicab wheelchair accessible vehicle;
(c)
taxicab drivers, taxicab and taxicab wheelchair accessible vehicle
plate holders shall maintain a Braille information sheet in the
taxicab or taxicab wheelchair accessible vehicle, to be provided to
any passenger on request.
11.2 A taxicab must:
(a)
be equipped with a taxi meter, toplight or roof sign; and,
(b)
have a minimum of three passenger doors excluding hatches
and/or cargo doors.
39
11.3 Every taxicab or taxicab wheelchair accessible vehicle plate holder and
taxicab driver shall maintain the interior and exterior of the taxicab and
taxicab wheelchair accessible vehicle in a clean and tidy condition.
(a)
Interior maintenance shall include but not be limited to:
(i)
keeping the interior surfaces free from all dust, dirt, grease,
oil, adhesive residue and any other substance that can be
transferred onto the person, clothing or possessions of a
passenger;
(ii)
keeping the interior free of all waste paper, cans, garbage or
any other item not necessary or commonly ancillary to the
operation of the motor vehicle;
(iii)
keeping the interior free of noxious substances;
(iv)
keeping the interior free of excess wear, including tears and
cigarette burns in the upholstery;
(v)
keeping the interior in a dry condition;
(vi)
keeping the interior in good general repair;
(vii)
ensuring all seat belt assemblies are in working order;
(viii)
ensuring all side windows open and close;
(ix)
ensuring all seats are securely mounted in position and are
capable of being adjusted; and,
(x)
maintaining a working dome light.
(b)
Exterior maintenance shall include but shall not be limited to:
(i)
keeping the exterior free from all dust, dirt, grease, oil,
adhesive residue and any other item that can be transferred
onto the person, clothing or possessions of a passenger,
except water or snow;
(ii)
keeping the exterior in good general repair;
(iii)
maintaining the exterior free from body damage;
(iv)
maintaining all fenders, grilles or molding, with none
removed or missing;
(v)
ensuring that the doors and trunk lid close and latch
securely;
(vi)
ensuring all door handles and catches are in good repair;
(vii)
maintaining the paint or finish in good general condition; and
(viii) ensuring the vehicle has four matching hubcaps.
11.4 In the event that the Licence Commissioner requires a sign, card or other
notice be displayed in a taxicab or taxicab wheelchair accessible vehicle,
the Licence Commissioner shall send the sign, card or other notice by
regular mail to the licensees under this Schedule at the addresses noted
on file and the taxicab, wheelchair accessible taxicab plate owner and the
taxicab driver shall be responsible to ensure that same is displayed as
required.
12.
Taxicab Meters
12.1 Every taxicab and taxicab wheelchair accessible vehicle shall have affixed
to it a taxicab meter for registering distances travelled and computing
fares to be paid.
40
12.2 Every taxicab and taxicab wheelchair accessible vehicle plate holder shall
ensure that the taxicab meters required by this section be:
(a)
submitted to the Licence Commissioner for testing and inspection
whenever required;
(b)
if applicable,used only when the seal is intact;
(c)
kept in good working condition at all times.
(d)
illuminated between dusk and dawn;
(e)
clearly visible to passengers;
(f)
attached to the taxicab in the location and in a manner approved by
the Licence Commissioner;
(g)
adjusted in accordance with the tariff prescribed by this Schedule;
(h)
tested at the expense of the taxicab or the taxicab wheelchair
accessible plate holder by running the metered vehicle over a
measured course or distance or by any mechanical system or
device which is satisfactory to the Licence Commissioner;
(i)
kept in good working condition at all times and not used when
defective in any way;
(j)
numbered as required by the Licence Commissioner; and,
(k)
not put into use until inspected and tested by the Licence
Commissioner.
12.3 Every taxicab or taxicab wheelchair accessible vehicle plate holder whose
vehicle is equipped with an interior computer console shall ensure that the
console is mounted securely and does not obstruct the taxicab driver's
range of vision or impede the taxicab driver's ability in any way to operate
the taxicab in a safe manner.
12.4 In the event that a taxicab meter has been changed, repaired, altered,
tampered with or adjusted, or if the seal has been broken, the taxicab or
taxicab wheelchair accessible vehicle plate holder shall submit the taxicab
meter for testing, inspection and re-sealing prior to permitting the taxicab or
taxicab wheelchair accessible vehicle to which the meter is attached to
resume operation.
12.5 The Licence Commissioner shall, from time to time, cause to be made an
inspection of all taxi meters in use on taxicabs and taxicab wheelchair
accessible vehicles, and to have the same sealed or take such other
precautions as deemed necessary to prevent interference or tampering with
the said meters.
13.
Advertising
13.1 Taxicab and taxicab wheelchair accessible vehicle plate holders may
display advertising in the rear window and place advertisement signs on
taxicabs subject to the following conditions:
(a)
the name of the taxicab company and the taxicab number must
always be visible;
(b)
advertising must not obstruct the taxicab driver's view;
(c)
taxicab or taxicab wheelchair accessible vehicles shall have only
one advertisement on each vehicle;
(d)
advertising may only be placed on the rear window, rocker panels
and hubcaps of the taxicab or taxicab wheelchair accessible
vehicle;
(e)
if the taxicab or taxicab wheelchair accessible vehicle has
advertising on the rocker panels and hubcaps, no other advertising
41
is permitted on any other part of the taxicab or taxicab wheelchair
accessible;
(f)
advertising copy is to be of a nature similar to other billboard and
outdoor advertising, and shall not be offensive, inflammatory,
obscene, racist, sexist, discriminatory or distasteful in nature, and
the Licensing Commission shall have the final determination as to
the propriety of any advertising content; and,
(g)
no other forms of advertising are permitted on taxicabs without the
express written approval of the Licensing Commission.
14.
Vehicular Standards
14.1 Every taxicab and taxicab wheelchair accessible plate holder shall submit
the taxicab or taxicab wheelchair accessible vehicle for examination by a
certified mechanic duly licensed by the Province of Ontario and submit a
Safety Standards Certificate and a completed Taxicab Vehicle Standards
Inspection Checklist to the Licence Commissioner in accordance with the
following timeline:
i) Taxicabs one (1) to ten (10) model years in age shall be between
August 1 and August 31;
ii) Taxicabs six (6) to ten (10) model years in age shall be subject to a
second submission between February 1 and February 28/29;
iii) Taxicab wheelchair accessible vehicles one (1) to twelve (12)
model years in age shall be between August 1 and August 31;
iv) Taxicab wheelchair accessible vehicles six (6) to twelve (12) model
years in age shall be subject to a second submission between
February 1 and February 28/29;
v) At any other time as the Licence Commissioner may require.
14.2 DELETED BY BY-LAW 79-2012, dated July 23, 2012
14.3 During any inspection, every taxicab and taxicab wheelchair accessible
plate holder or taxicab driver shall, upon the request of the Licence
Commissioner or any other person granted enforcement or inspection
powers of this By-law, produce all relevant licences, permits, invoices,
vouchers, appointment books, trip records or like documents and any of
these documents may be removed for photocopying provided that the
taxicab and taxicab wheelchair accessible plate holder or taxicab driver is
given a receipt and the documents are returned within forty-eight (48)
hours.
14.4 When the Licence Commissioner believes that a taxicab or taxicab
wheelchair accessible vehicle or its equipment is mechanically defective,
the Licence Commissioner or designate shall personally serve written
notice on the taxicab or taxicab wheelchair accessible plate holder or
taxicab driver requiring such taxicab or taxicab wheelchair accessible
plate holder or taxicab driver to submit the taxicab vehicle for examination
by a certified mechanic duly licensed by the Province of Ontario and the
owner shall have twenty-four (24) hours from the time of service of the
notice to obtain the required inspection and to provide the Licence
Commissioner with a valid certificate of mechanical fitness, and the
vehicle may not be operated as a taxicab or taxicab wheelchair accessible
vehicle until such time.
14.5 Every taxicab and taxicab wheelchair accessible vehicle shall be
inspected by the Licence Commissioner before any licence is granted in
respect of that vehicle, and thereafter from time to time as required by the
Licence Commissioner, and no taxicab or taxicab wheelchair accessible
vehicle plate holder or taxicab driver shall refuse or neglect to submit such
42
taxicab or taxicab wheelchair accessible vehicle for inspection when
required, or prevent or hinder the Licence Commissioner from inspecting
and/or testing the said taxicab or taxicab wheelchair accessible vehicle, or
entering any garage or other building for such purpose.
14.6 Every taxicab or taxicab wheelchair accessible vehicle plate holder shall
submit the taxicab or taxicab wheelchair accessible vehicle to random
inspections at any time specified by the Licence Commissioner, which
inspections will be undertaken by an inspector or compliance officer and
may be conducted in conjunction with a Ministry of Transportation
Inspector or their designate. (Amended by By-law 69-2014, dated April
22, 2014)
14.7 Whenever any taxicab or taxicab wheelchair accessible vehicle is involved
in any accident which affects the safe operation of a taxicab or taxicab
wheelchair accessible vehicle, whether within or outside the limits of the
City, the taxicab or taxicab wheelchair accessible vehicle plate holder or
taxicab driver of such vehicle shall immediately submit a written report of
such accident to the Licence Commissioner.
14.8 No vehicle more than ten (10) years old shall be used as a taxicab in the
City. By example, August 31, 2017 means the model year is 2017. By
further example, a current taxicab vehicle that is more than ten (10) years
old on August 31, 2017 i.e. 2007 or older taxicabs would have to be taken
out of service.
14.9 No vehicle more than twelve (12) years old shall be used as a taxicab
wheelchair accessible vehicle in the City. By example, August 31, 2017
means the model year is 2017. By further example, a current taxicab
wheelchair accessible vehicle that is more than twelve (12) years old on
August 31, 2017 i.e. 2005 or older taxicab wheelchair accessible vehicles
would have to be taken out of service.
14.10 For the purpose of this By-law, the age of a vehicle shall be determined
from August 31st of the model year of said vehicle. The current model
year as at August 31st in any year is the calendar year as at August 31st in
any year. (Added By-law 152-2010 dated September 27, 2010)
15.
Security Camera
15.1 Commencing on August 31st 2008, each taxicab or taxicab wheelchair
accessible vehicle shall be equipped with a fully-operational security
camera satisfactory to the Licence Commissioner.
15.2 The camera system referred to in 15.1 shall be approved by the Licence
Commissioner, and shall be capable of recording images of persons in
taxicabs and taxicab wheelchair accessible vehicles. Access to the
information recorded by the camera system shall be limited to law
enforcement personnel authorized by the Licence Commissioner to
access the information for law enforcement purposes only.
15.3 Every taxicab and taxicab wheelchair accessible plate holder shall submit
a Camera Inspection Report showing that the security camera installed in
the taxicab or taxicab wheelchair accessible vehicle is fully-operational to
the Licence Commissioner in accordance with the following timeline:
i) First submission shall be between February 1 and February 28/29
annually;
ii) The second submission shall be between August 1 and August 31
annually;
iii) At any other time as the Licence Commissioner may require.
43
16.
Vehicle Replacement, Out of Service, and Substitution Requirements
16.1 A taxicab or taxicab wheelchair accessible plate holder may apply for a
vehicle replacement upon filing the following with the Licence
Commissioner:
(a) application for a vehicle replacement in the prescribed form;
(b) evidence of insurance coverage as required herein;
(c)
safety standards certificate;
(d) copy of ownership of the proposed replacement vehicle; and,
(e) fees as prescribed in this By-law.
16.2 Where a vehicle replacement application is submitted to the Licensing
Commission, the Licensing Commission may in its sole discretion approve
or deny the vehicle replacement application.
16.3 Where the Licensing Commission does not approve the vehicle
replacement, the applicant shall be permitted to withdraw the application.
16.4 A taxicab or taxicab wheelchair accessible vehicle shall not be taken out
of service for more than sixty (60) consecutive days, nor an aggregate
total time exceeding ninety (90) days in a calendar year without the prior
written consent of the Licensing Commission, failing which, the taxicab or
taxicab wheelchair accessible vehicle plate relating to that specific vehicle
may be revoked, in the sole discretion of the Licensing Commission.
16.5 Every taxicab or taxicab wheelchair accessible vehicle plate holder shall
be required to notify the Licence Commissioner, in writing, of the
particulars of any taxicab or taxicab wheelchair accessible vehicle which
has been taken out of service and the date thereof, within ten (10) days of
such event.
16.6 Every taxicab or taxicab wheelchair accessible vehicle plate holder may
apply for permission to maintain a substitute taxicab or taxicab wheelchair
accessible vehicle to temporarily replace vehicles, which are seriously
damaged or damaged beyond repair, during the period of repair or
replacement and subject to the following conditions:
(a)
The substitute vehicle must meet all the requirements of this
Schedule, and shall be required to be inspected in accordance with
section 14.1 and 15.2;
(b)
there shall be no fee for the temporary transfer of licences to
substitute vehicles;
(c)
the taxicab or taxicab wheelchair accessible vehicle plate holder
shall be required to advise the Licence Commissioner in writing by
letter or facsimile transmission that the substitute vehicle has been
brought into service and the taxicab or taxicab wheelchair
accessible vehicle plate has been affixed to the substitute vehicle,
and shall advise when the originally-licenced vehicle has returned
to service; and,
(d)
no temporary transfer of a licence to a vehicle shall be permitted for
a period exceeding six (6) months.
17.
Insurance
17.1 Every applicant for a taxicab or taxicab wheelchair accessible vehicle
plate holder licence shall file with the Licence Commissioner either a copy
of the insurance policy or a certificate of insurance in respect of the
taxicab or taxicab wheelchair accessible vehicle which insurance shall
meet the following requirements:
44
(a)
issuance by an insurer duly authorized to issue insurance within the
Province of Ontario;
(b)
for each taxicab or taxicab wheelchair accessible vehicle,
automobile liability coverage in the amount of not less than TWO
MILLION DOLLARS for personal injury or property damage arising
out of any one accident or occurrence; (Amended by By-law 79-
2012, dated July 23, 2012)
(c)
it shall not be cancelled by the insurer until after fifteen (l5) days
written notice of such cancellation is given to the Licence
Commissioner;
(d)
the owner of the taxicab or taxicab wheelchair accessible vehicle
shall be named as the insured and all insured taxicab or taxicab
wheelchair accessible vehicles shall be listed and described by
vehicle make, model, model year and vehicle identification number.
17.2 Where notice of cancellation of the insurance policy is given to the Licence
Commissioner by the insurer, the taxicab or taxicab wheelchair accessible
vehicle plate holder licence shall be deemed to be revoked upon the same
date the insurance policy is cancelled, unless the taxicab or taxicab
wheelchair accessible vehicle plate holder presents the Licence
Commissioner with new proof of insurance as required under this
Schedule.
PART VI - TARIFFS
18.
Tariffs
18.1 Subject to Section 18.2, every taxicab driver, broker, taxicab plate holder
or taxicab wheelchair accessible vehicle plate holder shall charge exactly
the rates or fares as shown in Appendix "A" to this Schedule, and no
higher or lower amount than that contained in the said Appendix "A" shall
be charged or payable for rates or fares either wholly within the City, or to
any other point not more than five (5) kilometres beyond its limits.
18.2 In lieu of Section 18.1, a taxicab driver, broker, taxicab plate holder or
taxicab wheelchair accessible vehicle plate holder may be permitted to
surcharge or offer a discount at the end of any trip the fares and rates
shown in Appendix "A" of this Schedule provided that:
i) The associated taxicab brokerage has previously filed their tariffs
and rates with the Licence Commissioner;
ii) The intention to surcharge or discount the fare be explicitly
brought to the attention of the passenger(s) prior to the
commencement of the trip.
iii) The rates are published and prominently displayed in view of the
passengers inside the taxicab or taxicab wheelchair accessible
vehicle.
18.3 No taxicab driver, broker, taxicab plate holder or taxicab wheelchair
accessible vehicle plate holder shall be entitled to recover or receive any
fare or charge from any passenger to whom the taxicab driver has refused
to show his or her licence, or the tariff as provided in this Schedule and
appendices.
18.4 No taxicab driver, broker, taxicab plate holder or taxicab wheelchair
accessible vehicle plate holder shall publish or use a tariff unless
authorized by this Schedule and appendices.
18.5 The calculation of tariff rates shall be from the time or place when or at
which the passenger(s) first enter the taxicab or taxicab wheelchair
accessible vehicle, to the time or place when or at which the passenger(s)
45
finally discharge the taxicab. This section shall not prevent a proper
charge for waiting time as prescribed in Appendix "A" to this Schedule.
18.6 No taxicab driver, broker, taxicab plate holder or taxicab wheelchair
accessible vehicle plate holder shall make any charge for time lost as a
result of defects of the taxicab or taxicab wheelchair accessible vehicle or
the incompetence of the taxicab driver, or for excess time resulting from
the arrival of the taxicab or taxicab wheelchair accessible vehicle in
advance of the time such taxicab or taxicab wheelchair accessible vehicle
was requested.
18.7 Every taxicab driver operating a taxicab or taxicab wheelchair accessible
vehicle may carry two (2) or more passengers from a common starting
point to two (2) or more destinations, or from two (2) or more starting
points to a common destination, but in such case, the fares to be charged
for such trip shall be reckoned as if each stop made for the purpose to
taking on or discharging one (1) or more such passengers were the end of
one trip and the commencement of a new trip, and the taxicab meter shall
be cleared and re-set after each such stop. Where two (2) or more
passengers are discharged at the same place, only the fare authorized by
this schedule shall be charged, and such passengers shall be jointly and
severally liable for the payment of the fare, regardless of whether such
passengers are strangers to one another.
18.8 A taxicab driver, broker, taxicab plate holder or taxicab wheelchair
accessible vehicle plate holder may charge a "convenience fee" as
approved by the Licensing Commission to process the payment of the fare
using a debit card or credit card, and the "convenience fee" shall be
clearly displayed on the keypad before the transaction is completed.
18.9 Every person employing any taxicab or taxicab wheelchair accessible
vehicle shall pay the fare or charged authorized by this Schedule upon
demand.
18.10 Any taxicab or taxicab wheelchair accessible vehicle crossing the border
between Windsor and the United States of America shall charge a rate of
exchange, which is commercially reasonable, and shall post a card in the
taxicab or taxicab wheelchair accessible vehicle, which reflects this
exchange rate.
18.11 Failure to abide by the tariff provisions of this Schedule may result in an
automatic suspension of the municipal licence issued under this By-law for
one (1) week for a first offence, and repeat offences shall be addressed on
a case-by-case basis by the Licensing Commission.
PART VII - TRANSFER AND LEASING OF LICENCES
19.
Transfer of Licences
19.1 No taxicab driver licence shall be transferred.
19.2 No taxicab broker licence shall be transferred.
19.3 No taxicab or taxicab wheelchair accessible plates and associated taxicab
or taxicab wheelchair accessible plate holder licences shall be transferred.
20.
Transfer of Licences Issued Prior to the Passing of this By-law (Plate
#001 to 224 inclusive)
20.1 Except as approved by the Licensing Commission, a taxicab plate holder
may not transfer a taxicab plate and associated taxicab plate holder
licence for a period of at least five (5) years from the date of issue of the
licence.
46
20.2 No taxicab plate holder licence shall be transferred without the approval of
the Licensing Commission.
20.3 No taxicab plate holder licence shall be transferred until the person to
whom the transfer is to be made has first received approval from the
Licence Commissioner as a licensee.
20.4 Subject to the restrictions herein, taxicab plates numbered 001 to 224 are
transferable, provided that:
(a)
the transferee satisfies the eligibility criteria for inclusion on the
Drivers' List;
(b)
the transferee signs a form of statutory declaration prescribed by
the Licence Commissioner;
(c)
the transferor has completed a written application for the transfer in
the prescribed form;
(d)
the transferee satisfies the requirements of a taxicab plate holder
under this By-law, including submitting for inspection the taxicab to
which the plate will be affixed;
(e)
the transferee pays all fees required under this By-law;
and the transferee will receive a taxicab plate holder licence at the time of
transfer of the taxicab plate.
20.5 Subject to the restrictions herein, taxicab plates numbered 001 to 224
inclusive may be transferred by an estate, provided that:
(a)
within 30 days following the death of an individual holding one or
more taxicab plates and associated taxicab plate holder licences,
the estate trustee shall file with the Licence Commissioner:
(i)
proof of death of the individual in the form of an original
Funeral Director's Statement of Death; and
(ii)
a copy of the Certificate of Appointment of Estate Trustee.
20.6 On the death of an individual holding one or more taxicab plates and
associated taxicab plate holder licenses:
(a)
the estate trustee may continue to hold any taxicab plates and
associated taxicab plate holder licenses for up to two (2) years
following the date of death, subject to the requirements of this By-
law;
(b)
during the two (2) year period following the date of death, the estate
trustee may transfer the taxicab plate(s) and associated taxicab
plate
holder
licence(s)
to
anyone
meeting
the
eligibility
requirements for inclusion on the Drivers' List, including the estate
trustee in his or her personal capacity;
(c)
after the expiry of two (2) years following the date of death, all
taxicab plates and associated taxicab plate holder licenses that
have not been transferred in accordance with subsections (a) or (b)
shall be revoked and must be immediately returned to the Licence
Commissioner by the estate trustee.
(d)
Notwithstanding subsection (c), if the estate trustee has not
transferred all taxicab plates and associated taxicab plate holder
licenses in accordance with subsections (a) or (b), the estate
trustee may request a hearing of the Licensing Commission to
consider an extension of up to one (1) year before revocation.
47
21.
Leasing
21.1 Except as provided in this Schedule, no taxicab plate holder, taxicab
wheelchair accessible plate holder, taxicab driver or broker shall sell, rent
or lease a taxicab or taxicab wheelchair accessible vehicle without the
consent of the Licensing Commission, and a copy of the lease,
satisfactory in form to the Licence Commissioner, shall be filed with the
Licensing Commission.
21.2 For the purposes of this section, the term "lease" includes any
arrangement or agreement whereby the owner gives to some other person
the right to possession and control of the taxicab licence for a period of
more than one (1) standard taxicab driver's shift.
21.3 A taxicab or taxicab wheelchair accessible vehicle plate holder who has
held a licence for a minimum of one (1) year may lease the taxicab or
taxicab wheelchair accessible vehicle licence on a daily, weekly, monthly
or yearly basis provided that:
(a)
the lessee is licensed by the City of Windsor as a taxicab driver;
(b)
all weekly, monthly or yearly leases are filed with and approved by
the Licence Commissioner and shall be subject to such terms and
conditions the Licence Commissioner may require;
(c)
the amount charged under the lease shall be a fair fee as approved
by the Licence Commissioner and no additional charges shall be
made against the lessee;
(d)
the lease agreement shall include a statement that the leasing
agreement is considered null and void in the event that the lessor
or lessee, either by written or verbal agreement, sub-leases the
taxicab or taxicab wheelchair accessible vehicle or transfers
responsibility for the operation of the taxicab or taxicab wheelchair
accessible vehicle to a third party;
(e)
the lease agreement shall contain a clearly-stated right of the lessor
and lessee to early termination of the lease;
(f)
where the lessee is a corporation, the lessee shall, at the time at
which the lease is filed with the Licence Commissioner in
accordance with the provision of this section, file with the Licence
Commissioner a form supplied by the Licence Commissioner and a
copy of the lessee's articles of incorporation, amendment or
amalgamation; and,
(g)
the lease term shall be a minimum of twelve (12) months and a
maximum of sixty (60) months.
21.4 The Licence Commissioner may from time to time adopt an approved form
of lease, and may also approve any lease, which satisfies the
requirements of this by-law, whether or not it is on the approved form.
21.5 The Licensing Commission shall cause an investigation to be made where
there is evidence that the lease should not be approved by the Licence
Commissioner because the lessee or lessor will be unlikely or unable to
comply with terms or because the fee is unreasonable.
21.6 The License Commissioner has the discretion to refuse to approve a
proposed lease agreement.
21.7 Where the License Commissioner refuses to approve a proposed lease,
written notice shall be given to the taxicab or taxicab wheelchair
accessible vehicle plate holder by the Licence Commissioner.
21.8 Where the Licence Commissioner refuses to approve a proposed lease
agreement, the taxicab or taxicab wheelchair accessible vehicle plate
holder may appeal the decision to the Licensing Commission for
consideration within fourteen (14) days of the date of the refusal in 21.6.
48
21.9 Any lessor who enters into, or purports to enter into, any lease or any
other agreement in respect of a taxicab or taxicab wheelchair accessible
vehicle plate holder licence other than in accordance with the terms of this
schedule shall be required to attend before the Licensing Commission to
show cause why the lessor's licence should not be revoked.
21.10 Through 21.9 applies notwithstanding that the lease, purported lease,
other agreement or other purported agreement, was entered into before
the date of the coming into force of this Schedule.
21.11 A lessor who enters into a lease under the provisions of this section shall
terminate such lease within fourteen (l4) days following receipt of a written
demand from the Licence Commissioner to do so.
PART VIII - BROKERS
22. Licensing
22.1 Every applicant for a broker licence shall:
(a)
If the Applicant:
(i)
is an individual, the applicant shall attend at the office of the
Licence Commissioner in person and complete a written
Application for such Licence as prescribed by the Licence
Commissioner and provides proof that the applicant is not
less than eighteen (18) years of age;
(ii)
is a corporation, the applicant shall file copies of the articles
of incorporation as well as any articles of amendment or
articles of amalgamation, together with an annual return
which contains a list of all shareholders of the corporation; or
(iii)
is a partnership, the applicant shall provide the names and
addresses of each member of the partnership as well as the
name under which the partnership intends to carry on
business provided that if one or more of the partners is a
corporation, the requirements of ii, above, shall also be
fulfilled in respect of the corporate partner or partners.
(b)
provide proof to the satisfaction of the Licence Commissioner that
the premises from which the applicant intends to carry on business
as a broker are within the geographical boundaries of the City and
are appropriately zoned and will continue to be so located
throughout the term of the licence;
(c)
demonstrate that the applicant has a system for receiving orders
and dispatching taxicabs and/or taxicab wheelchair accessible
vehicle licensed under this By-law in his or her fleet and that the
system will not interfere with any other broker; and,
(d)
pay all the fees prescribed by this By-law.
22.2 In lieu of Section 5.1 and 5.3 of this Schedule, a broker may collect the
necessary applicant information and issue a taxicab driver licence or
taxicab driver renewal on behalf of the City to a person whom will be
employed to provide taxi services for their taxicab brokerage provided that:
(a)
the broker notifies the Licence Commissioner in writing prior to
January 1st annually, their intention to issue taxicab driver licences
for their taxicab brokerage;
(b)
licences are issued in accordance to the general provisions, fee
structure and regulations under this By-law & Schedule;
49
(c)
an application is completed for each taxicab driver and that all
requirements and documentation outlined under Section(s) 5.1 and
5.3 of this Schedule are provided to the Licence Commissioner for
auditing and processing purposes prior to the driver being
employed for taxi services in the first instance or by August 31st
annually in the case of issuing a renewal;
(d)
applications are completed in full to the satisfaction of the Licence
Commissioner and are signed by the applicant in original ink;
(e)
taxicab driver fees required under this by-law are collected by the
broker from the applicant and submitted forthwith to the Licensing
Department upon submission of the taxicab driver licence
application;
(f)
unless approved by the Licence Commissioner or Windsor
Licensing Commission, no taxicab driver licence be issued by a
broker to a person when:
(i)
one (1) or more criminal convictions is shown on a Vulnerable
Sector Criminal Record Check;
(ii) any record of offence relevant to the nature of the services of
a taxicab driver, or any record of offence that directly affects
the taxicab driver's ability to competently and responsibly
carry on the services of a taxicab driver, including but not
limited to: an offence under the Criminal Code, the Narcotics
Control Act or the Food and Drug Act; or,
(iii) nine (9) or more demerit points is shown on a Driver's
Abstract issued by the Ministry of Transportation;
(g)
prior to conducting taxi services, a photo card approved by the
Licence Commissioner is issued to each taxicab driver by the
brokerage that shall be displayed in the taxicab and produced for
inspection in accordance to Section(s) 10.1 (a) and (b) of this
Schedule.
22.3 Taxicab driver applications submitted by a broker to the Licence
Commissioner that are incomplete or not in accordance to any provision
under this By-law or Schedule shall not be processed by the Licensing
Department and be subject to penalty as outlined under this By-law.
22.4 The Licence Commissioner shall recommend to the Windsor Licensing
Commission, a suspension or revocation of the taxicab brokerage licence
if it is determined that a broker has issued a taxicab driver licence to a
person that does not meet the requirements under this By-law and
Schedule or when a licence was issued by a broker deliberately to a
person that would likely breach any law or to a person that would be
adverse to the public interest.
23.
Broker Obligations and Responsibilities
23.1 All brokers shall:
(a)
provide or ensure that taxicab dispatch service is provided twenty-
four (24) hours per day, seven (7) days per week to persons
requesting taxicab service;
(b)
inform any individual requesting taxicab service of any potential
delay in providing such taxicab service prior to accepting a request
for taxicab service;
(c)
take all reasonable steps to ensure that the broker's employees
behave civilly and courteously in the performance of their duties;
and
50
(d)
ensure that a request for taxicab wheelchair accessible service in
respect of person with a disability shall be dispatched on a priority
basis to the next available taxicab wheelchair accessible vehicle
located nearest the location of the request for service.
23.2 Every broker shall keep a record:
(a)
of every car dispatched on a trip, the date and time of dispatch and
the place of pick-up, and shall retain such record for a period of at
least twelve (l2) months and shall, at the request of the Licence
Commissioner or anyone else charged with enforcement of this By-
law produce such records for inspection;
(b)
of the name of every taxicab driver driving a taxicab or a taxicab
wheelchair accessible vehicle in respect of which the broker has
any arrangement or agreement for the accepting of calls for
service, and shall on 24 hours notice, produce such records for
inspection; and,
(c)
showing, in respect of the broker's brokerage, the following
information:
(i)
the number of calls for taxicab and taxicab wheelchair
accessible service received;
(ii)
the number of such calls received which are not serviced
and the reason such calls were not serviced
and such record shall be open for inspection during the regular
business hours of the City's Licensing and By-law Enforcement
administrative offices.
23.3 No Broker shall:
(a)
with the intent to prevent the reception of incoming calls from the
public for taxicab or taxicab wheelchair accessible vehicle service,
remove or permit the removal of the receiver from the hook of any
telephone normally used by him for the accepting of such calls, and
no broker shall with such intent agree to arrange with any other
person to prevent or interfere in any way with the reception of such
calls;
(b)
dispatch or permit to be dispatched any taxicab or taxicab
wheelchair accessible vehicle to pick up a fare in the City unless
that taxicab or taxicab wheelchair accessible vehicle is licensed
under this By-law;
(c)
subject to Section 18.2, dispatch or permit to be dispatched any
taxicab or taxicab wheelchair accessible vehicle if the taxicab fare
is less or more than that prescribed by this By-law; or,
(d)
dispatch any taxicab or taxicab wheelchair accessible vehicle if the
order is for any service, which is illegal service under federal,
provincial or municipal law.
23.4 Every Broker shall make or cause to be made an inspection of all taxicab
or taxicab wheelchair accessible vehicles operated in association with the
broker prior to each period of continuous operation or "shift", ensuring that
the licensed vehicles are clean, properly equipped and identified.
23.5 Every broker shall:
(a)
select one colour scheme comprised of no more than two colours,
where black and white shall be deemed to be colours, which colour
scheme shall be satisfactory to the Licence Commissioner, for all
taxicabs and taxicab wheelchair accessible vehicles dispatched by
the broker; and (added By-law 94-2008, May 20, 2008),
51
(b) submit the proposed colour scheme(s) to the Licence Commissioner
for approval before implementation.
23.6 The colour of the bumpers, trim, mirrors, roof racks and tires shall be
acceptable if they are as originally supplied as black, grey or chrome, by
the manufacturer of the taxicab or taxicab wheelchair accessible vehicles,
or painted in one of the two body colours of the broker's colour scheme.
(added by By-Law 108-2012, dated August 7, 2012)
24.
Brokerage Agreements - Insurance
24.1 A taxicab or taxicab wheelchair accessible vehicle plate holder may, for
purposes of obtaining insurance coverage, enter into an agreement each
year with a broker. The agreement shall provide for the following:
(a)
transfer of the taxicab or taxicab wheelchair accessible vehicle
plate holder licence to the broker for the period of the agreement;
(b)
termination of the agreement on thirty (30) days' written notice by
registered mail by either party with a copy of any such notice to be
forwarded to the Licence Commissioner immediately; and,
(c)
the statement that the sole principal purpose of the agreement is for
the provision of insurance coverage for the taxicab or taxicab
wheelchair accessible vehicle.
24.2 Upon receipt of the notice of termination referred to in 24.1, the broker
shall, within forty-eight (48) hours, excluding Sundays and holidays,
forward to the owner by registered mail the motor vehicle permit properly
executed to permit transfer of ownership back to the owner, and shall
forward to the Licence Commissioner by regular mail the taxicab or
taxicab wheelchair accessible vehicle plate issued for such taxicab or
taxicab wheelchair accessible vehicle.
24.3 In the event the broker fails to return the motor vehicle permit to the owner
and the taxicab or taxicab wheelchair accessible vehicle plate to the
Licence Commissioner within the time stipulated in 24.2, the taxicab or
taxicab wheelchair accessible vehicle plate for the vehicle shall be
deemed to be immediately suspended and the Licensing Commission
shall consider a recommendation from the Licence Commissioner for
revocation of the taxicab or taxicab wheelchair accessible vehicle plate.
52
APPENDIX "A" TO SCHEDULE 4 OF BY-LAW NO. 137-2007
Tariff Charges
Taxicabs by Distance
1. For the first one hundred & five (105) metres
.
$ 4.25
2. For each additional one hundred & forty two (142) metres
$0.25
and any portion thereof.
3. (a)
For waiting time under engagement for each hour
$30.00
when the taxicab or taxicab wheelchair accessible
vehicle is being used for passenger conveyance.
(b)
Notwithstanding the provisions of the above, charges for
waiting time when rendering service to boards of education,
or making deliveries of parcels merchandise and providing
services under contract awarded by tender, shall be $2.50.
CROSS BORDER TAXICAB FARES
1.
Taxicab Drivers shall charge the meter rate plus a $12.00 Canadian or
$9.00 U.S. cross border fee plus tolls between Windsor and Detroit.
(Appendix "A" deleted and replaced by By-Law 69-2023, dated June 12,
2023)
53
APPENDIX "B" TO SCHEDULE 4 OF BY-LAW NO. 137-2007
WINDSOR
TAXICAB PASSENGER BILL OF RIGHTS
If you have a compliment or complaint regarding this taxicab ride, call 311.
As a taxicab passenger, you have the right to:
- A professional driver who:
o Is licensed and knowledgeable
o Knows the major routes and
destinations in the City of Windsor
o Speaks and understands English
o Is courteous and provides
assistance
o Knows and obeys the by-laws and
all laws
o Offers a silent ride if desired
o Provides a safe ride
- A FREE ride if the meter is not on
- An effective customer complaints process
- Direct the driver on the route to be taken
- A quality taxicab which:
o Is in good mechanical and physical
condition
o Has a clean passenger area and
trunk
o Is heated or air conditioned on
demand
o Is a smoke-free environment
o Has easy access to seatbelts
o Is equipped with a meter
Drivers are not permitted to recommend a hotel or restaurant unless the
passenger requests this information.
54
SCHEDULE 5 TO BY-LAW NO. 137-2007
Transportation Network Company (TNC)
PART I - GENERAL
1.
Application of this Schedule
1.1
This Schedule governs the licensing of Transportation Network
Companies (TNC).
1.2
A Transportation Network Company Driver does not require a licence
issued under this By-law;
1.3
There are no limits on the number of Vehicles permitted to be operated
with an affiliated Transportation Network Company;
1.4
In this Schedule, unless otherwise specified, where notice is required to
be sent by the Licence Commissioner, notice shall be sent by registered
mail to the last address for the recipient contained in the records of the
City's Licensing Office, such notice being deemed to be received on the
3rd day after mailing, regardless of whether the notice was actually
received.
2.
Term of Licence
2.1
Licenses issued under the provisions of this By-law shall expire and revert
to the City if not renewed by August 31st of each year, and the Licensing
Commission shall be empowered to dispose of the licence in accordance
with the provisions of this Schedule.
2.2
Where the Licence issued under the provisions of this By-law has expired
and been revoked, the Licence Commissioner shall forthwith notify in
writing the holder of the licence of the revocation of the licence.
2.3
All Transportation Network Company licenses issued by the City shall be
valid for a period not exceeding one (1) year and shall be renewed
annually by August 31st as prescribed under Schedule 1 of this By-law.
2.4
Prior to any new services being provided, all Transportation Network
Companies are obliged to provide the City with formal notice when new
service types are offered under the umbrella of the affiliated
Transportation Network Company Platform;
2.5
A Transportation Network Company shall not provide false or misleading
information in any application under this By-law nor shall it knowingly
provide erroneous information in any application under this By-law. A
Transportation Network Company that provides false or misleading
information or knowingly provides erroneous information in any application
under this By-law may be subject to fines, suspension or revocation of all
licensing privileges under this By-law.
PART II - APPLICATIONS AND RENEWALS
3. Transportation Network Company (TNC) Applications and Renewal
3.1
A person wishing to carry on business of a Transportation Network
Company shall provide the Licence Commissioner with the following:
(a)
a completed application in the form required by the Licence
Commissioner containing all required applicant information;
55
(b)
payment of the applicable licensing fee in accordance to Schedule
2 of this By-law;
(c)
if the applicant is not a corporation or a partnership, proof that the
applicant is at least eighteen (18) years of age, if the applicant is an
individual;
(d)
if the applicant is a corporation:
(i)
proof that the corporation is legally entitled to conduct
business in Ontario;
(ii)
articles of incorporation or other incorporating documents,
duly certified by the proper government official or department
of the Province of Ontario or the Government of Canada;
and,
(iii)
a certified copy of an annual return which contains a list of all
shareholders of the corporation,
(e)
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;
(f)
the address and contact information of the Transportation Network
Company's registered business address in the Province of Ontario,
which is not a post office box, to which the City may send during
business hours any notice or documentation or communication that
may be required under this By-law and at which the applicant or the
applicant's agent will accept receipt of such notice, documentation
or communication together with the name, telephone, and email
contact information for the person authorized to receive and
respond on behalf of the transportation network company to any
and all communications from the City relating to the transportation
network
company's
licence
or
the
transportation
network
company's conduct of business;
(g)
a Transportation Network Company identifier to be displayed on a
Transportation Network Company Vehicle, that may be in a
removable format, for approval by the Licence Commissioner;
(h)
a list of all Transportation Network Company Drivers authorized to
use the Transportation Network Company Platform, which list shall
include the following information in a form satisfactory to the
Licence Commissioner:
(i)
confirmation that the Transportation Network Company
Driver is authorized to use the Transportation Network
Company Platform;
(ii)
the full name, date of birth, address and phone number of
the Transportation Network Company Driver; and
(iii)
the year, make, model and Ontario licence plate number of
the Vehicle to be operated by the Transportation Network
Company Driver as a Transportation Network Company
Vehicle;
(j)
A sworn declaration confirming that all Transportation Network
Company Drivers have provided the following to the Transportation
Network Company:
(i)
proof of a current valid Class G driver's licence issued by the
Province of Ontario pursuant to the Highway Traffic Act;
(ii)
proof of being at least eighteen (18) years of age;
(iii)
proof of Canadian Citizenship or Permanent Resident Status
or a work permit to work as a Driver issued by the
Government of Canada;
56
(iv)
the original search results of an annual Vulnerable Sector
Criminal Record Check, enhanced screening for those
employed in positions working with vulnerable persons, from
each jurisdiction in Canada in which the applicant has been
resident during the prior 365 days that is satisfactory in form
and content to the Licence Commissioner. The Vulnerable
Sector Check must be dated no more than one (1) year old
for existing drivers providing service for a transportation
network company and no more than thirty (30) days old upon
presentation to a Transportation Network Company by
drivers providing services for a transportation network
company in the first instance, and that, unless approved by
the Licence Commissioner or Windsor Licensing
Commission, no transportation network company driver be
permitted to provide service for a transportation network
company where:
(i) (1) or more criminal convictions is shown on a
Vulnerable Sector Criminal Record Check; or,
(ii) any record of offence relevant to the nature of the
services of a transportation network company driver, or
any
record
of
offence
that
directly
affects
the
transportation network company driver's ability to
competently and responsibly carry on the services of a
transportation network company driver, including but not
limited to: an offence under the Criminal Code, the
Narcotics Control Act or the Food and Drug Act;
(v)
an annual Statement of Driving Record issued by the Ontario
Ministry of Transportation Safety and Regulations division.
The record must be dated no more than thirty (30) days old
prior to providing services for a Transportation Network
Company and that, unless approved by the Licence
Commisioner
or
Windsor
Licensing
Commission,
no
Transportation Network Company Driver be permitted to
provide service for a Transportation Network Company
where:
(i) nine (9) or more demerit points is shown on a Driver's
Abstract issued by the Ministry of Transportation;
(vi)
proof that the Transportation Network Company Vehicle used
by the Transportation Network Company Driver is no more
than ten (10) years old;
(vii)
proof of a Safety Standards Certificate dated not more than
thirty-six (36) days, issued by a certified mechanic duly
licensed by the Province of Ontario for all vehicles
associated
with
a
transportation
network
company.
Certificates shall be submitted in the following manner:
(i)
prior to commencement of use as a Transportation
Network Company Vehicle;
(ii)
annually thereafter if the vehicle is five (5) years old or
less;
(iii)
biannually thereafter if the vehicle is more than 5
years old;
(iv)
at any other time as the Licence Commissioner may
require;
57
(viii)
proof of automobile liability insurance required by the
Compulsory Automobile Insurance Act and an endorsement
or an automobile liability insurance form approved by the
Financial Services Commission of Ontario for use by a
Transportation Network Company Driver.
PART III - REGULATIONS
4. Transportation Network Company (TNC) Regulations
4.1
A Transportation Network Company shall:
(a)
ensure that every Transportation Network Company Driver
authorized to use the Transportation Network Company Platform
has submitted to the Transportation Network Company, all
requirements listed under Section 3.1 (j) (i) to (viii) of this Schedule
prior to commencement as a Transportation Network Company
Driver and annually thereafter;
(b)
ensure all Transportation Network Company Vehicles, from the
moment a ride is accepted up until the moment of passenger drop-
off, are insured with Automobile Liability Insurance with limits of not
less than $2,000,000.00 inclusive per occurrence for bodily injury,
death and damage to property. The Automobile Liability Insurance
shall be provided through an endorsement or an automobile liability
form approved by the Financial Services Commission of Ontario for
use by a Transportation Network Company or Transportation
Network Company Driver. Such coverage may be maintained by
the Transportation Network Company Driver, the Transportation
Network Company, or any combination of the two. The insurance
coverage required herein shall be endorsed to the effect that the
City of Windsor shall be given at least thirty (30) days' notice in
writing of any cancellation or material variation to the policy;
(c)
maintain commercial general liability business insurance coverage
of at least $5,000,000.00 per occurrence, with The Corporation of
the City of Windsor added as an additional insured, and must
include a cross-liability provision and at least thirty (30) days notice
of material change/cancellation provision;
(d)
an indemnity in favour of the City from and against claims,
demands, losses, costs, damages, actions suits or proceedings that
arise out of, or are attributable to, the Transportation Network
Company's business and services, which shall be in a form
satisfactory to the Licence Commissioner.
(e)
ensure that its Transportation Network Company Platform
incorporates a global positioning system (GPS) in which all trips are
recorded and be accessible for persons with disabilities;
(f)
ensure that a Transportation Network Company Driver has no
access and is not authorized to use the Transportation Network
Company Platform in any of the following circumstances:
(i)
a Vulnerable Sector Criminal Record Check discloses one
(1) or more criminal convictions or any record of offence
relevant to the nature of the services of a Transportation
Network Company Driver, or any record of offence that
directly affects the Transportation Network Company Driver's
ability to competently and responsibly carry on the services
of a Transportation Network Company Driver, including but
not limited to: an offence under the Criminal Code, the
Narcotics Control Act or the Food and Drug Act;
58
(ii)
the Transportation Network Company Driver has had their
driver's licence issued under the Highway Traffic Act
cancelled, revoked or suspended for any reason;
(iii)
the Ontario driver's record shows nine (9) or more demerit
points for the Transportation Network Company Driver;
(iv)
the Licence Commissioner has reasonable grounds to
believe that the vehicle being operated by the Transportation
Network Company Driver is unsafe;
(v)
the Safety Standard Certificate relating to the transportation
network company vehicle is not renewed annually for
vehicles aged one (1) to ten (10) years of age and biannually
for vehicles aged six (6) to ten (10) years of age;
(vi)
the Transportation Network Company Driver does not
maintain insurance as required by this By-law; or,
(vii)
the Transportation Network Company Driver does not
display the Transportation Network Company identifier when
operating the Vehicle as a Transportation Network Company
Vehicle;
(g)
notify the Licence Commissioner when a Transportation Network
Company Driver is no longer authorized to access the
Transportation Network Company Platform for any reason;
(h)
keep a current list of every Transportation Network Company Driver
authorized to access the Transportation Network Company
Platform and of every Transportation Network Company Vehicle in
a readily accessible electronic format that includes:
(i)
the full name and address of every Transportation Network
Company Driver;
(ii)
the make, model and licence plate of every Transportation
Network Company Vehicle; and,
(iii)
operational data such as background and driving record
checks, vehicle inspection records, trip sheets, and proof of
insurance;
(i)
ensure that driver training is provided to all Transportation Network
Company Drivers specific to the use of the Transportation Network
Company's Platform, the handling of passengers, sensitivity
towards diversity and accessibility and providing assistance to
passengers in need;
(j)
prior to the collection of any personal information, a Transportation
Network Company shall obtain a consent for such collection and
potential disclosure to the Licence Commissioner from any
Transportation Network Company Driver with whom it is affiliated in
the City;
(k)
retain all records respecting transportation services offered,
operated or facilitated by it in the City for a period of at least three
(3) years and produce to the Licence Commissioner upon request
any such records in electronic format within fourteen (14) days of
the date of the request, including records required as part of
random audits or investigations conducted by the Licence
Commissioner to evaluate compliance with this By-law. Where any
records referenced herein are required for law enforcement
purposes, a Transportation Network Company shall make the
requested records available to the requesting agency as soon as
possible, and in any event within seven (7) days;
59
(l)
assist with the creation of passenger and driver accounts for use by
the Licence Commissioner and shall not obstruct any accounts
created for law enforcement purposes;
(m)
provide a name, telephone number, email address, and address for
service within Ontario, to which the Licence Commissioner may
send any communications, including any requests for information;
(n)
Disclose on its website and/or Transportation Network Company
Platform
used
to
communicate
between
passengers
and
Transportation Network Company Drivers, and make available for
the public:
(i)
fares to be charged, together with an explanation of the
method used to calculate those fares;
(ii)
the criteria applied by the Transportation Network Company
to
Transportation
Network
Company
Drivers
and
Transportation Network Company Vehicles allowed to
operate on or through the relevant Transportation Network
Company Platform;
(iii)
information on the types or categories of services available
to passengers through the relevant Transportation Network
Company Platform;
(iv)
a
clear
explanation
of
insurance
coverage
of
a
Transportation Network Company and the Transportation
Network Company Vehicle, including detailed information on
how to submit a claim; and,
(v)
advise
that
personal
information
collected
by
the
Transportation Network Company may be disclosed to the
City for the purposes of licensing enforcement when the
passenger obtains transportation services within or from the
City;
(o)
set fares based on market conditions to be charged to passengers
transported by Transportation Network Company Drivers subject to
the following conditions:
(i)
the fare for a trip shall be communicated to a potential
passenger clearly and transparently prior to the start of the
trip;
(ii)
the Transportation Network Company Driver shall not
commence the trip until the passenger has provided
electronic acceptance of the fare communicated in
accordance with (i) above;
(iii)
the Transportation Network Company Driver shall charge the
passenger the communicated and accepted fare in
accordance with (i) and (ii) above; and
(iv)
a Transportation Network Company shall ensure that a
record is maintained of the passenger's acceptance of the
fare provided;
(p)
provide passengers with the following information prior to the start
of a trip:
(i)
the vehicle make and model;
(ii)
the Transportation Network Company driver's first name;
(iii)
the Ontario licence plate number of the Transportation
Network Company Vehicle; and,
(iv)
a photograph of the Transportation Network Company Driver;
60
(q)
at the conclusion of every trip, or require its Transportation Network
Company Driver, provide the passenger an electronic receipt
containing at least the following information:
(i)
the fare charged;
(ii)
the date and total time of the trip;
(iii)
the start and end locations of the trip; and,
(iv)
the Transportation Network Company Driver name and
Ontario licence plate number of the Transportation Network
Company Vehicle;
(r)
that all of Transportation Network Company Drivers affix securely to
their Transportation Network Company Vehicle a Transportation
Network Company identifier when operating as a Transportation
Network Company Vehicle;
(s)
only permit passengers requesting transportation to submit a
request for transportation through a Transportation Network
Company Platform;
(t)
not permit, encourage, or condone the acceptance of hails or the
solicitation of passengers by Transportation Network Company
Drivers, whether on the street or at a taxicab stand or in any other
manner or at any other location;
(u)
ensure that all Transportation Network Company Drivers authorized
to use its Transportation Network Company Platform have an
ongoing duty to disclose:
(i)
any criminal charges relevant to the nature of the services of
a Transportation Network Company Driver, or directly affects
the Transportation Network Company Driver's ability to
competently and responsibly carry on the services of a
Transportation Network Company Driver, including but not
limited to: a charge under the Criminal Code, the Narcotics
Control Act or the Food and Drug Act;
(ii)
any suspension of their Ontario driver's licence;
(iii)
any change in insurance; and,
(iv)
any accidents while operating as a Transportation Network
Company Vehicle;
(v)
ensure there is a dispute resolution process for dealing with any
complaints regarding fees, customer service, or any other issues
arising from the Transportation Network Company operation and
such complaint records be made available to the City or as
requested by the Licence Commissioner;
(w)
issue to all affiliated Transportation Network Company Drivers,
current information normally associated with an identification card
in written or accessible electronic form bearing the following
information:
(i) the first and last name and photograph of the Transportation
Network Company Driver;
(ii) the make, model and Ontario licence plate number of the
Transportation Network Company Vehicle used by the
Transportation Network Company Driver; and,
(iii) the name and contact information of the Transportation Network
Company with which the Transportation Network Company
Driver is affiliated;
(x)
ensure that all Transportation Network Company Drivers authorized
to use the Transportation Network Company Platform have the
61
identification
card
required
under
subsection
(w)
in
the
Transportation Network Company Vehicle at all times when
transportation services are offered and provided, and, is produced
immediately upon request of the Licence Commissioner or an
inspector or compliance officer authorized to conduct the
enforcement of this By-law; and,
(y)
ensure all Transportation Network Company Drivers authorized to
use the Transportation Network Company Platform are operating
Transportation Network Company Vehicles that are no more than
ten (10) years old.
4.2
A Transportation Network Company Driver shall not:
(a)
transport a passenger who is a minor unless accompanied by an
adult;
(b)
solicit or accept requests for transportation services that are not
prearranged using the Transportation Network Company Platform
the Transportation Network Company Driver is authorized to use,
including street hails or picking up fares at taxi stands or in any
other manner or at any other location;
(c)
accept payment by cash from a passenger;
(d)
fail to notify the Transportation Network Company in writing of any
change in any of the information required by the Transportation
Network Company prior to access to the Transportation Network
Company Platform;
(e)
operate a vehicle as a Transportation Network Company Vehicle
unless the vehicle:
(i)
is not more than ten (10) years old;
(ii)
displays the Transportation Network Company identifier
when operating as a Transportation Network Company
Vehicle;
(iii)
has no meter, roof light or markings that have the effect of
making it look like a taxicab or identify it as being available
for hire;
(f)
provide transportation services without maintaining accurate trip
records which are to be made available to the Licence
Commissioner or inspector or compliance officer authorized to
conduct the enforcement of this By-law.
(g)
deviate from the shortest possible route to the destination
requested by a passenger as determined by GPS unless the
passenger designates another route;
(h)
fail to produce their identification card required under subsection 1
(w), driver's licence, proof of insurance, or evidence that they are
operating pursuant to a transportation network company platform
immediately upon request of the Licence Commissioner or an
inspector or compliance officer authorized to conduct the
enforcement of this By-law; and,
(i)
leave any passenger at any location other than the destination
requested by the passenger unless the driver is unable to take the
passenger to the requested destination by reason of:
(i)
the Transportation Network Company Vehicle is incapable of
being operated safely;
(ii)
the Transportation Network Company Driver being incapable
of operating the Transportation Network Company Vehicle
safely; or,
62
(iii)
the conduct of the passenger being such that the
Transportation Network Company Driver can no longer
operate the Transportation Network Company Vehicle safely
and in such cases, the Transportation Network Company
Driver has requested the attendance of the police.
2.
That this By-law shall come into force and take effect on the day of the
final passing thereof.
DREW DILKENS, MAYOR
CITY CLERK
First Reading - December 9, 2024
Second Reading - December 9, 2024
Third Reading - December 9, 2024