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CITY OF PRIINCE ALBERT
BYLAW NIO. 29 OF 2020
A Bylaw of The City .of Prince Albert respecting the
licensing, control and regulations of taxi license holders,
drivers, and brokers in the City of Prince Atbert
WHEREAS under the provisions of The Cities Act, byl'aws may be passed
by a city i.n relation to the safety, health and welfare of people and the protection of people
and property;
AND WHEREAS under the provisions of The Cities Act, 'bylaws may be
passed by a city in relation to businesses, business activities and persons engaged in
business;
AND WHEREAS under the provision of The Cities Act, the power to pass
by,laws inclludes the power to:
-
regulate or prohibit;
-
provide for a system of licenses, inspections, permits or approvals;
-
prohibit any business untill a license has been granted or an
inspecti'on performed;
-
impose terms and conditions on any li:cense;
-
prescribe the rates that may be charged to customers;
-
impose conditions that must be met before a license is granted or
renewed;
-
pmvide for the duration of licenses and their suspension or
cancellation for failure to comply with a term or condition of a bylaw
or for any other reason specified in the bylaw;
-
determine the manner in which any license is to be allocated;
AND WHEREAS The City of Prince Albert desires to enact a byl'aw to
regul
1ate and license tax:i services in The City of Prince Albert
BYLAW NO. 29 OF 2020
PAGE 1
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PRINCE ALBERT
I,N OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
Short Title
1.
This bylaw may be cited as the "Taxi Bylaw".
Definitions
2.
In this byllaw:
(a)
"administrator" means Saskatchewan Government
nsurance
(SG:I)
pursuant to The Traffic Safety Act.
(b)
"bodily fluids" means, but not limited to, feces, urine or vomit.
(c)
"business license" means a license to operate a business in the City of
Pnince Albe,rt.
(d)
"Bylaw Enforcement Officer" means any person appointed by Council as a
Bylaw Enforcement Officer under Section 337 of The Cities Act, and any
successor to that legisiation.
(e)
"Certificate of Approval to Hold a Taxi, License(s)" means a letter of
authorization for a person to hold a taxi license, provided by the City in which
the taxi is to be driven.
(f)
"Certificate of Police Approval" means the SGI form based on a Criminal
Record and Vu,lnerable Sector check.
(g)
"City" means the City of Prince Albert.
(h)
"City Manager" means the person appointed as City Manager pursuant to
The Cities Act and including the duly authorized representative or designate
of such person.
(i)
"Chief of Police" means the Chief of Pol,ice appointed by the Prince Albert
Board of Pollice Commissioners and any member of the Prince Albert Police
Service authorized by the Chief of Police to act on behalf of the Ch.ief in the
administration of this bylaw.
U)
''Class PT" means a class of vehicle registered with the administrator of The
Traffic Safety Act (SG'I) and used as a public service vehicle, including the
transportation of passengers.
BYLAW NO. 29 OF 2020
PAGE2
(k)
"Council" means the Council! of the Ci1ty of Prince Albert.
(I)
"dispatch" means the act or service of sending or directing a taxi, by
electronic or any other means, to a person or persons who have requested
a taxi, including use of a mobile application, text message, internet web
page, cell phone or email communicaNon.
(m)
"expiry date" as referred to the 31st day of December in the same year m
which the license referred to therein is use.
(n)
"new applicant'' means a person making application pursuant to this bylaw
for a license for purposes other than renewal or replacement.
(o)
"out of service" means not bein.g dispatched.
(p)
"person" includes an individual, a corporation, a partnership and the heirs,
executors, administrators or other legal representative of a person.
(q)
"photo ridentification card" means a photo identification card issued to a taxi
driver by the Chief of Police.
(r)
"police officer" means any swom member of a police force ·in
Saskatchewan., and any person appointed pursuant to The Police Act, 1990
as a special! constable or peace officer.
(s)
"senior transportation" means a service provided by a vehicle scheduled in
advanced for the conveyance of senior persons at a fixed rate from points
of origin to predetermined points of destination.
(t)
"taxi" means a vehicle for hire that is regis~ered with SG!I in class PT and is
equipped with a taximeter or equipment designed to caloul·ate a passenger
fare based on distance travelled and standing time.
(u)
"taxi broker" includes a person who receives requests for taxi service or who
dispatches taxis on behailf of taxi license holders or taxi drivers.
(v)
"taxi broker license" means a business license issued by the City of Prince
Albert.
(w)
"taxi driver" includes any person who is the driver of or de facto in control of
a taxi; whether he is a taxi lricense holder, agent or employee of the taxi
license holder, or otherwise.
(x)
"taxi driver license" means a provincial driver 1license of the class required
for the lawful operation of a taxi in the Province of Saskatchewan.
BYlAW ,NO. 29 OF 2020
PAGE 3
(y)
"taxi 'license" means a license issued and owned by the City which grants
to the holder the right to operate a taxi in the City. The license will indicate
the year during which the taxi license is val,id and the taxi PRAL number
assigned by the City.
(z)
"taxi 'license holder" means the holder of a taxi license issued and owned
by the City.
(aa)
"taximeter" means a mechanical or electronic device by which the charge
for transportation by a taxi liS mechanically or electronically calculated and
upon which the charge is indicated by figures.
Purpose
3.
This bylaw recognizes that taxis:
(a)
are an important part of the City's publlic transportation services; and,
(b)
are relied upon by both msidents and visitors ofthe City.
4.
The purpose of this bylaw are the following:
(a)
to ensure that taxi services be available, safe and economical to use for
both citizens and visitors to the City;
(b)
to establish rates that are fair and reasonab'le for both the public and
persons operating the taxi service;
(c)
to ensure that taxi services meet the needs of all citizens and visitors,
(d)
to ensure that taxi services operate in a manner that reflects positively the
image of the City;
(e)
~o ensure that all persons involved in the taxi industry are held accountable.
Requiremeort for License
5.
No person shall drive a taxi unless that person holds a valid taxi driver license in
accordance with the provisions of the Traffic Safety Act.
6.
No person shall own a taxi unless that person holds a va,lid taxi lkense from the
City in accordance with the provisions of this bylaw.
7.
No person shall carry on the business of a taxi broke' ~in the City unless that person
is a licensed taxi broker.
BYLAW NO. 29 OF 2020
PAGE4
8.
For purposes of this bylaw, a person shall be deemed to be operating a taxi within
the City of Prince Albert, if the passenger's trip originates withi1n City !limits.
Advertising a Taxi Service
9.
No person shall claim to be il'icensed under this bylaw unless that person is so
licensed.
10.
No person shall advertise any taxi service unless that person holds a valid license
under this bylaw.
Type and !Number of Taxi Licenses
1.1.
Taxi licenses issued unde·r this bylaw are property of the City and the City shan
have the authonity to determine the:
(a)
type of licenses that may be granted;
(b)
manner in which any liicense is to be issued and allocated;
(c)
number of licenses iss.ued.
12..
The Ci,ty may issue the fo,llowing licenses:
(a)
thi.rty-nine (39) taxi licenses, with th·ree (3) of the thirty-nine (39) designated
for senior transportation;
(b)
taxi business !licenses;
(c)
taxi broker licenses.
Certificate of A'[mroval to Hold a Taxi License(s)
1:3.
Prior to bein9 issue a taxi license, all candidates sh1all make application to the City
for a Certirficate of Approval to Hold a Taxi License(s).
14.
The application should be completed in the prescribed form; together with the
following:
(a)
payment ot admini1stration fee as provided under Schedule A for criminal
record and vulnerabl.e sector check;
(b)
certificate of Police Approval;
(c)
proof of residency within the City of Prince Albert.
BYLAW NO. 29 OF 2020
PAGE 5
15.
The Ch1ief of Police may review the Certificate of Approval to Hold a Taxi License(s)
at anry time. l'n such cases as he deems appropriate, the Chief of Police may
withdraw such certiticates and g
~iven notice of such withdrawal to the City.
16.
l;f the Chief of Poliice or the City are of the opinion that it may be in the public
interest to withdraw a Certificate of Approval to Hold a Taxi License(s), their
decision shall, be final.
Photo Identification Card
17.
All taxi drivers must hold a photo identification card issued by the Chief of Police
and shall show:
(a)
on the front, a picture of the applicant, the number assigned by the Chief of
Police, and the expiry date;
(b)
on the back. The taxi driver license type, provincial driver license number
and the date of issue of the photo identification card.
18.
The taxi driver must submit criminal record and vulnerable sector checks to obtain
a new or renewal of the photo identification card.
19.
Photo identification card expiration must not exceed three (3) years.
20.
U the Chief of Police is of the opinion at any time that the photo Identification card
requires replacement due to its poor condition or j,f the information shown requires
corrections, upon notice to the taxi driver the Chief of Police may require the taxi
driver to apply tor a renewal of the photo identification card for the prescribed fee
outlined in Schedule A.
21.
If the Chief of Police is of the opinion that it may not be in the public interest to
Issue or renew a photo identification card , their decision shall be final.
Taxi License
22.
Pnior to operating a taxi·, all candidates shall make application to the City for a taxi
license.
23.
The applicant shallr complete an application in the prescribed form, together with
the following.
(a)
a Certificate of Approval to Hold a Taxi License(s);
(b)
a copy of an unexpired and valid photo identification card ;
(c)
a copy of an unexpired and valid taxi driver license;
BYLAW NO. 29 OF 2020
PAGE 6.
(d)
written proof of vehic'le registration and insurance for the taxi identifying the
applicant, vehicle owner as the owner of the vehicle and class PT
designation;
(e)
a valid Light Vehicle Inspection Certificate for the taxi completed by a
Saskatchewan Government Insurance accredited mechanic dated no
earlier than ninety (90) days prior to the lkense application:
(f)
payment of administration fee as provided under Schedule A for issuing a
taxi business l1icense.
24.
If either the Chief of Police or the City's Director delegated responsibility for the
enforcement of this bylaw are of the opinion that it may not be in the public interest
to issue or renew a taxi license, their decision shall be final.
The taxi license is valid from January 1 to December 31 , and must be renewed
annually within 5 busi1ness days of expiry.
25.
The C.ity must be notified within seven (7) days of any change of address, ensuring
the holder of the taxi license maintains a place of business within the City.
Transfer of Taxi License
26.
Taxi licenses may be transferred upon:
(a)
compliance by the transferee with all administrative requirements for
obtaining and holding a taxi license;
(b)
submission by the transferee of a completed of a Certificate of Approval! to
Hold a Taxi License;
(c)
submission by the transferee of the complete bill of sale for the taxi license
including the sale price; and ,
(d)
payment by the transferee of the transfer fee set out in Schedule A.
Transfer of Taxi License to a New Vehicle
27.
The taxi license may be moved from one (1) vehicle to another if:
(a)
the vehicle to which the taxi license is assigned requires repaks or servicing
and is temporarily unavaillable for service; or,
(b}
the vehicle to which the taxi license is ass:igned is being permanently
replaced with a different vehicle.
BYLAW NO. 29 OF 2020
PAGE 7
28.
If transferr;ing the taxi license the taxi license holder shall! within three (3) business
days for the transfer provide the City with:
(a)
a validated Light Vehicle Inspection Certificate for the replacement vehicle;
(b)
a certificate of vehicle registration for the replacement vehicle showing a
class PT designation;
(c)
payment for the applicable replacement fees.
29.
Schedule A, the fees to be rpaid by taxi license holders, taxi1 drivers and brokers,
as same may be amended from time to time, is incorporated into and forms part of
this bylaw.
Conduct of Taxi Brokers
30.
Every taxi broker shall:
(a)
obtain a business ,license from the City;
(b)
maintain a permanent office in the City;
(c)
maintain a process to promptly investigate and respond to complaints from
the public;
(d)
establish a pmcess that documents all complaints and responses;
(e)
provide details of all complaints and responses to The City upon request;
(f)
maintain a list of all licensed taxi drivers and taxi license holders with whom
the broker is affiliated;
(g)
within three (3} business days, notify the City if a licensed taxi license 'holder
ceases affiliation with the broker;
(h)
provide and ensure that dispatoh services are provided 24 hours per day,
seven (7) days a week;
(i)
ensure the taxi drivers and taxi license holders adhere to aill provisions
ouHine ,in the bylaw;
BYLAW NO. 29 OF 2020
PAGE 8
0)
keep a record of every car dispatched on a trip, the date and time of
dispatch, the place of pick-up and destination of such trip. Records shall be
retain for at least twelve (12) months following each tnip and produce tr1ip
records promptly when requested by the City or Police Services.
Conduct of Taxi Drivers
31.
Every taxi driver shalll:
(a)
be the holder of an unexpired and val,id taxi driver license as defined in the
bylaw, and display the license and photo identification card in the taxi;
(b)
be affiliated with a !licensed taxi broker;
(c)
ensure that all trips are logged in through the dispatch system of the broker;
(d)
proceed by the most direct route to the point of destination unless otherwise
directed by the passenger;
(e)
permit no more passengers than the r:li!.Jmber of seatbelts available for use
in the taxi;
(f)
upon the request of the passenger, provide a receipt for the trip;
(g)
provide service to any passenger unless the passenger engages in abusive,
violent or threatening behavior;
(h)
at all times while the taxi is in operation ens'Ure the taximeter is in a
recording position, and charge a fare in accordance with the tariff of fees
posted in the taxi;
(i)
while in charge of any taxi, be clean and neat in his or her person and dress
and conduct themselves in a courteous, prudent and safe manner;
U)
ensure the taxi is clean as to its exterior and interior, including trunk; while
waiting for hire or at any taxi stand:
(i)
keep the taxi under constant observation ;
(ii)
not obstruct any sidewalk or pedestrian ;
(k)
upon being requested to do so by any passenger, except for the taxi's radio
communication with the taxi broker, turn off any radio, tape player or other
sound-producing device in the taxi;
BYlAW NO. 29 OF 2020
PAGE 9
(I)
while he is in charge of the taxi, shalll not be under the influence of, consume
or have in his o:r her possession any alcoholic beverage or any drug capable
of causing impairment;
(m)
not knowing,ly transport or assist, or allow the transport of any drugs or
narcotics within the meaning of the Controlled Drugs and Substances Act
or the Food and Drugs Act;
(n)
not smoke tobacco in any form while in a taxi;
(o)
not operate a taxi at any time through an off-sale dri:ve-thru liquor outlet.
Conduct of Taxi License Holder
32.
No taxi lkense holder shall permit the taxi to be operated if it is:
(a)
not clean and in good repair as to its exterior, including trunk;
(b)
not free from mechanical! defects;
(c)
not free of visibl'e body damage including but not lim.ited to dented, missing
or damaged body pieces and panel:s;
(d)
not equipped with seat belts plainly visible and accessible to passengers;
(e)
not equipped with fully functioning air condi,tioning and heating systems;
(f)
not equipped with extra tire and wheel r<eady for ruse;
(g)
not equipped with four (4) snow tires or all weather tires from December 1
to Apri,l 30;
(h)
equipped with any mechanism or device, other than a child safety lock, that
prevents a passenger from opening its doors;
("i)
not displaying contact mformatlon for the taxi broker and bylaw enforcement
to report complaints or bylaw infractions.
33.
Where there are reasonabl'e and probabl'e grounds to believe that a taxi is
dangerous or unsafe, the taxi shall not provide trips, and must be submitted
immediate,ly for inspection by a accredited mechanic.
34.
No taxi license holder shall allow the taxi to be out of service for more than fifteen
(15) consecutive days, m more than a total of fifteen (15) days in thirty (30)
consecutive days.
BYLAW NO .. 29 OF 2020
PAGE10
35.
No taxi license holder shall place or permit any advertising material on the taxi that:
(a)
it is not safe for the taxi driver, passeng,ers, or general public;
(b)
covers the windows or obstructs the visibility of tne interior;
(c)
is not securely attached to the vehicle;
(d)
extends beyond the dimensions of the vehicle, with the exception of rooftop
signs;
(e)
reduces the visibility of any taxi markings and identification required by this
bylaw.
36.
Every vehicle must be equipped with a(n):
(a)
in-car camera that must:
{il)
be mounted on the inside of the vehicle
(ii)
fully show the interior of the vehicle; and,
(iii)
be fully operational at all times when the vehicle is available for hire
to the public;
(b)
decal affixed to both rear side wirndow notifying potential passengers of the
presence of in car cameras.
37.
Every taxi license holder shall:
(a)
ensure that the taxi is equipped at all times with a sea'led taximeter;
(b)
in the event of a broken seal of a taximeter or any tamper"ng , interference
with or damage to a taximeter in the taxi, ensure any rep,air or replacement
is promptly effected;
(c)
upon request. submit the taxi for inspection including, but not limited to,
tests for accuracy and calibration of the taximeter.
Taxi Fares
38.
A taxi fare must be charged for each taxi trip in accordance with Schedule B of this
bylaw except when a trip with fare less than tariff js:
(a)
booked directly with the taxi broker;
BYlAW NO. 29 OF 2020
PAGE 11
(b)
the broker has set and posted the discounted rate;
(c)
the trip is to transport:
(i)
children to or from school;
(ii)
persons to or from the airport;
(iii)
persons over the age of 65; or,
(iv)
persons wi,th disabilities.
39.
No fare shall be charged for time lost through inefficienrcy or ,incompetency of the
driver, or for time consumed by arrival of the taxi in advance of the time the taxi
was requested to ar11ive when the trip was booked.
At all times a driver shall ensure that they have at least $20 in coins and bills of
denominations less than $20 to provide change to passengers.
Delegation of Authority
40.
The administratrion of this bylaw ris hereby delegated to the City Manager.
41.
The enforcement of this bylaw is hereby delegated to the Chief of Police arnd to the
Cirty's Director to whom the City Manager has assigned respo111sibility for bylaw
enforcement.
Enforcement
42.
Without restricting any other power, dUrty or function granted by tnhis Bylaw, a Police
Officer or a Bylaw Enforcement Officer may:
(a)
carry out any Inspections to determine compliance with thirs Bylaw;
(b)
take any steps or carry out any actions requ,ired to enforce this Bylaw;
(c)
take any steps or carry out any actions required to remedy a contravention
of this Bylaw; and,
(d)
perform any other duties and may exercise any other power that may be
delegated.
BYLAW NO. 29 OF 2020
PAGE 12
Offences and Penalties
43.
An offence is considered to be committed under this this bylaw if a person:
(a)
contravenes a provision of the byllaw;
(b)
consents to, allows, or permits an act or thing to be done contrary to this
bylaw; or,
(c)
neglects or refrains from doing anything required by a provision of this
bylaw.
44.
Every person who contravenes a provision of this bylaw is guilty and liable for the
correlating penalty fine.
45.
Each day that a contravention of a provision of this bylaw contirnues is a contilnuing
offence.
46.
For each day a continuing offence occurs, the penalty will be equi1valent to the
penal1ty listed before the offence.
47.
Every person who contravenes any position of this bylaw shall be guilty of an
offence and liable on summary conviction, in addi,tion to any surcharge imposed
by the Courts. Maximum penalties as per section 338(3) of The Cities Act.
(a)
in the case of an indiNidual, to a fine of not less than $500 and not more
than $2,000,;
(i)
on an offence, a fine of $500
(ii)
on a second offence, a fine of $750
(iii)
on a third offence, a fine exceeding $750 but not exceeding $2,000;
(b)
in the case of a corporation, to a fine of not less than $1,000 and not more
than $5,000;
(i)
on a first offence, a fine of $1,000
(ii)
on a second offence, a fine of $1,500
(iii)
on a third offence, a fine exceeding $1,500 but not exceeding $5,000.
When a Police Officer issues a summary ticket for a violation to this bylaw that
Police Officer may enter on the ticket an amount, as per Section 47, which if paid
within the time prescribed, wil:l be accepted as a guilty plea to the offence.
BYl..AW NO. 29 OF 2020
PAGE13
Interpretation
48.
Nothing in this bylaw limits the right of Council to suspend or revoke a Certificate
of Approval to Hiol'd a Tax! license(s), a taxi license, a taxi bro·ker license, or limits
the abil.ify of policing authorities to enforce the provisions of The City's Traffic
Bylaw and The Traffic Safety Act with respect to seizure and impoundment of
vehicles as prov,ided therein.
49.
In th is bylaw and schedule hereto; unless the context otherwise requires reference :
(a)
to individuals includes corporations, executors, administrators, successors,
and permitted assigns;
(b)
in the singular number includes the plural number, and reference in the
plural number includes the singular; and,
(c)
in the masculine includes the feminine or the neuter gender.
50.
If any section, subsection sentence, clause, phrase or other portion of this bylaw
is for any reason held inva'lid or unconstitutional by a court of competent jurisdiction
that portion shall be deemed to be a separate distinct and independent prov,ision ,
and the holdin9 of the court shall not affect the validdy of the remaining portions of
this bylaw.
Repeal of By,laws
51 .
Bylaw No. 29 of 2002 and aH applicable .amendments and subsequent amending
Bylaws are hereby repealed , including but not necessarily limirtedi to Bylaw No. 16
of 2019.
Notwithstanding the repeal, every term license, ticket or fine issued or outstanding
pursuant to Bylaw No. 29 of 2002 as amended and Bylaw No. 16 of 2019 shall not
be invalidated by such repeal, and shall remain 'in force for its term until expiration
or unW. paid as if made pursuant to this Bylaw, as circumstances may apply, and
may be dealt with as if made pursuant to this Bylaw.
BYLAW NO. 29 OF 2020
PAGE 14
Coming into Force
52.
This bylaw shall come into force and take effect on , from and after the final passing
thereof.
INTRODUCED AND READ A FIRST TIIME THIS 13-'""- DAY OF (k\o~-c , AD 2020.
READ A SECOND TIME THI·S
READ A THIRD TIME AND PASSED THIS
MAYOR
BYLAW NO. 29 OF 2020
DAY OF ~\o'oe..r- , AD 2020.
DAY OF ~-\OOe,r , AD 2020.
PAGE15
SCHEDULE A
1.
Taxi License
New
$ 4()0
Renewal
$400
Transfer to new taxi lice11se holder
$400
Transfer to an alternate vehicl'e
$50
Replacement
$50
2.
Taxi Broker License
$300
3.
Pho,to Identification Card
New
$50
Renewal
$50
Replacement
$50
4.
Cr,iminal R.ecord and V ~ulnerable Sector Check
$70
5.
Seal replacement
$200
BYLAW NO. 29 OF 202Jl
PAGE16
SCHEDULE B
General Taxi Fares
1.
$3.50 for the first 33 meters or portion thereof;
2.
$0.10 for each additional 33 meters or portion thereof; and,
3.
$0.80 for each additional minute of time while the taxi is on a trip, including
waiting at the request of passengers.
Rates for Destinations Outside of City Limits
4.
$1.85 per ki·lometer; and,
5.
$45 for each hour of wait time.
General Provisions
6.
All taxi fares as prescribed in this schedule shall include the Federal Goods
and Services Tax.
7.
There shall be no extra charge for normall hand baggage.
8.
In addition to any taxi fare prescribed in this schedule, when payment is
made by debi,t or credit card transaction an optional surcharge of up to $1 .50
may be added to the taxi fare for each transaction.
9.
An amount of $100 may be added to the tax!i fare when a passenger soils
the interior of a taxi with bodily fluids.
BYLAW NO. 29 O.F 2020
PAGE17