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CITY OF YORKTON
BYLAW NO. 17/2020
A BYLAW OF THE CITY OF YORKTON IN THE
PROVINCE OF SASKATCHEWAN TO PROVIDE
FOR THE REGULATION, CONTROL AND
LICENSING OF VEHICLES FOR HIRE
Disclaimer:
This information has been provided solely for research convenience.
Official bylaws are available at the Office of the City Clerk and
must be consulted for purposed of interpretation and application of
the law.
Bylaw No. 17/2020 - Vehicles for Hire Bylaw
Page 1 of 14
CITY OF YORKTON
SASKATCHEWAN
BYLAW NO. 17/2020
A BYLAW OF THE CITY OF YORKTON IN THE PROVINCE
OF SASKATCHEWAN TO PROVIDE FOR THE REGULATION,
CONTROL AND LICENSING OF VEHICLES FOR HIRE
WHEREAS, The Cities Act provides a general power to the Council of the City of Yorkton to pass
Bylaws relation to the safety, health and welfare of people and the protection of people and property;
and in relation to businesses, business activities and persons engaged in business.
NOW THEREFORE, the Council of the City of Yorkton in Council assembled enacts as follows:
Title
1.
This bylaw may be cited as the Vehicles for Hire Bylaw.
Definitions
2.
For the purpose of this bylaw:
"Accessible Taxi" means a taxi having a gross vehicle weight rating of not more than 4,500 kg
which is designed and manufactured or converted for the purpose of transporting persons who
use mobility aids;
"Affiliated Driver" means an affiliated driver as defined by The Vehicles for Hire Act;
"City" means the City of Yorkton;
"Council" means the Council of the City of Yorkton;
"Driver" means any person in charge of the operation of the taxi, limousine, or shuttle whether
they are the owner of the taxi or an agent, licensee, or employee of the owner;
"License Inspector" means the License Inspector for the City of Yorkton as appointed from time
to time, or anyone authorized to act on his or her behalf, a City of Yorkton Community Safety
Officer, and any member of the RCMP;
"Limousine" means, subject to the regulations, a stretch limousine, sport utility limousine, or
limousine bus-type vehicle intended for hire that:
a) Has seating capacity for 6 or more passengers;
b) Is operated by a chauffeur;
c) Is the object of a valid prescribed inspection certificate;
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d) Is not equipped with a taxi meter or any equipment designed to calculate a passenger fare
based on distance travelled;
e) Is not equipped with a dispatch device, two-way radio or mobile data terminal whereby
the vehicle is matched with or directed to a passenger seeking to purchase transportation;
and
f) Is used exclusively for the transportation of passengers;
"Mobile Application" means an online enabled application, a digital platform, a software
program, a website or other system or technology platform offered, used or facilitated to enable
a person to obtain vehicle for hire services;
"Mobility aid" means a device, including a manual wheelchair, electric wheelchair or scooter,
that is used to facilitate the transport, in a normally seated orientation, of a person with a physical
disability;
"Operator" shall mean any person in de facto charge of the operation of the taxi, whether he is
the owner of the taxi or is an agent, licensee, or employee of the owner;
"Owner" means any person, firm or corporation that has the control, direction and maintenance
of a taxi, limousine, shuttle or transportation network company and the benefit of the collection
of revenue derived from the operation of the vehicle for hire, whether as registered owner,
licensee or in possession under any conditional sale or hire-purchase agreement, receiving calls
for: taxi, limousine and shuttle service and dispatching taxis or a transportation network
company;
"Pre-arranged service" means transportation services that are arranged or requested by the
passenger through a mobile application in advance of the vehicle arriving at the passengers
location;
"Rideshare" means a vehicle for hire services provided by a transportation network company;
"Service animal" means an animal trained to be used and is used by a person with a disability for
reasons related to the disability, but does not include emotional support animals;
"Shuttle" means a vehicle duly licenced under The Vehicles for Hire Act used for the conveyance
of passengers from Yorkton to a destination outside of City limits for a fee, is registered in a
prescribed class, and is marked as a shuttle by a company decal, but shall not include any
company which provides public transportation services under a contract or agreement with the
City;
"Street Hail" means offering, soliciting, or providing transportation services to a passenger
without any dispatch that is not a pre-arranged service;
"Taxi" means a vehicle duly licenced under the provisions of The Vehicles for Hire Act including
"accessible taxi", and
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a) Is used for the conveyance of passengers within the City for a fee,
b) is registered in a prescribed class,
c) is equipped with a taxi meter or any equipment designed to calculate a passenger fare
based on distance travelled or delivers the service for a flat rate per trip,
d) is equipped with a dispatch device, two-way radio or mobile data terminal whereby the
vehicle is matched with or directed to a passenger seeking to purchase transportation,
e) is used exclusively for the transportation of passengers,
but shall not include any person or company which provides public transportation services under
a contract or agreement with the City;
"Transportation Network" means, subject to the regulations, an online enabled application, a
digital platform, a software program, a website or other system or technology platform offered,
used or facilitated by a transportation network company to enable a person to obtain vehicle-for-
hire service;
"Transportation Network Company" means a person or other prescribed entity that offers, uses
or facilitates a transportation network, also known as rideshare;
"Vehicle" means a vehicle that meets the prescribed qualifications and that has a seating capacity
of no more than 9 occupants, including the driver.
Taxi, Limousine, or Shuttle Companies
Taxi, Limousine, or Shuttle Vehicle Requirements
3.
(1)
Every taxi, limousine or shuttle operated by a company must:
a) Have a valid inspection certificate and decal from a qualified mechanic appointed
by Traffic Safety Services of SGI. The inspection certificate and decal must be
renewed yearly and be dated no more than 60 days prior to the expiry date of the
vehicle registration, as required by SGI. The cost of obtaining the annual
inspection shall be the responsibility of the owner.
b) Carry a valid inspection certificate within the vehicle and shall at all times display
a valid inspection decal on the rear right side window of the vehicle.
c) Be registered as a Class PT, PC or PB vehicle as per the Vehicle Classification
and Registration Regulations.
d) Have at least $1,000,000 in additional liability insurance that covers all of its
affiliated drivers and vehicles.
e) Have a Taxi, Limousine, or Shuttle Vehicle permit, as per Section 7 of this Bylaw,
issued by the City of Yorkton and the applicable permit must be displayed
prominently for passengers to view in the taxi, limousine, or shuttle.
Taxi, Limousine, or Shuttle Driver Requirements
4.
(1)
Every driver of a taxi, shuttle or limousine shall:
a) Obtain a criminal record check annually that is provided to SGI in accordance
with The Vehicles for Hire Act. The cost of the criminal record check is the
responsibility of the Driver.
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b) Hold a valid Class 1-4 driver's licence which may be used to operate a Taxi,
Limousine, or Shuttle. A Class 5 driver's licence may be used provided that the
driver:
i.
Is not in the Graduated Driver Licensing (GDL) program;
ii.
Has at least 2 years post-GDL driving experience in Canada or a reciprocal
jurisdiction;
iii.
Has a satisfactory driver history (meaning less than 12 points under the
Driver Improvement Program in the last 2 years, and no impaired driving-
related suspensions in the last 10 years) and submits an SGI Driver's
Abstract to the Licence Inspector.
c) Obtain a Taxi, Limousine, or Shuttle Drivers permit, as per Section 7 of this
Bylaw, issued by the City of Yorkton and the applicable permit must be displayed
prominently for passengers to view in the taxi, limousine, or shuttle.
Accessible Taxi Requirements
5.
(1)
Any "Accessible Taxi" is to conform with the CSA Standards D409-16 with regard to
configuration and passenger security and safety.
(2)
Any driver must not transport non-ambulatory passengers in a wheelchair or scooter
unless the Vehicle is designed and certified for that purpose in accordance with all
applicable laws; and if the transportation of non-ambulatory passengers is permitted
pursuant to all applicable laws, securely fasten all wheelchairs and scooters so as to
prevent any movement of the wheelchairs or scooters while the vehicle is in motion.
(3)
Any driver must fold and store wheelchairs of ambulatory patients with physical
disabilities.
Taxi, Limousine, or Shuttle General Requirements
6.
(1)
Any driver, unless exempted by the licence inspector pursuant to the Bylaw, shall permit
a passenger with a disability to be accompanied by their Service Animal and must not
demand any additional charge for the transportation of Service Animals accompanying a
passenger with a disability.
(2)
A driver may apply for an exemption from clause 6(1) regarding Service Animals by
providing proof acceptable to the licence inspector of the Drivers inability to comply with
the requirements without suffering undue hardship.
(3)
Every owner and driver shall post and keep posted in a conspicuous place in each taxi,
limousine, or shuttle, the tariff of fees established and charged by the taxi operator on a
card clearly visible and legible to any passenger who rides in the taxi, limousine, or
shuttle.
(4)
Every driver shall carry in a taxi, limousine, or shuttle, no more than the number of
persons for which the capacity has been rated by Provincial Law.
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(5)
Every owner and driver of a taxi, limousine, or shuttle in the City shall ensure the vehicle
is kept in neat, clean and tidy condition, both as to its interior and exterior while it is in
use.
(6)
Every owner or driver shall ensure that no person, including the driver, smokes, burns,
uses or holds a lighted or otherwise heated cigarette, cigar, pipe, electronic cigarette,
vaporizer, hookah or similar equipment in the vehicle.
(7)
Any person who charges or attempts to charge a fee in excess of the posted fee is guilty
of an offense.
(8)
Every owner of a taxi, limousine or shuttle must adhere to the current City of Yorkton
Zoning Bylaw and City of Yorkton Business Licence Bylaw.
(9)
All vehicles operating as a taxi must be identified as a 'taxi'. This may be done through
decals or appropriate advertising on the vehicle, displays or toppers.
Taxi, Limousine, or Shuttle Permits
7.
(1)
No person shall operate, or permit to be operated, any taxi, limousine, or shuttle within
the City unless the operator has obtained valid Taxi, Limousine, or Shuttle Vehicle and
Driver's Permits and the associated fees are paid.
(2)
No person shall operate, or permit to be operated, any taxi, limousine, or shuttle within
the City without a current City of Yorkton Business Licence.
(3)
A Vehicle for Hire Permit application form, as shown in Schedule "A", must be
accompanied by:
a) Proof that the company holds insurance of at least $1,000,000 in additional
liability insurance that covers any affiliated drivers and vehicles.
b) An Inspection Certificate and decal from a qualified mechanic appointed by
Traffic Safety Services of SGI for each vehicle listed in the application form. The
inspection certificate and decal must be renewed yearly and be dated no more than
60 days prior to the expiry of the vehicle registration, as required by SGI. The
cost of obtaining the annual inspection shall be the responsibility of the owner.
c) Copy of the vehicle registration for each vehicle listed in the application form.
d) Copy of a criminal record check with vulnerable sector check, completed within
the last 60 days, for each driver listed on the application form.
e) Copy of the Driver's Licence for each driver listed on the application form.
f) Copy of a Driver's Abstract for any driver listed on the application form with a
Class 5 Driver's Licence.
g) Alternatively, an SGI Driver Approval Letter may be submitted for each driver in
place of the criminal record check and Driver's Abstract as noted in 7(3)(d) and
7(3)(f) respectively.
h) Prescribed fee based on the number of drivers and the number of vehicles as listed
in Schedule "B".
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(4)
In accordance with clause 7(1), every company whom a taxi, limousine or shuttle permit
has been previously issued, intending to continue conducting or operating the business in
subsequent years shall make application to renew the licence prior to March 31st of that
subsequent year.
(5)
Every Taxi, Limousine, and Shuttle Vehicle and Driver permit issued shall expire on the
31st day of December in the year of issuance.
(6)
The taxi, limousine or shuttle company shall notify the licence inspector of any changes
to the vehicle or drivers permits issued.
(7)
If a taxi company offers an accessible taxi vehicle in the manner prescribed in Section 5
of this Bylaw, all prescribed fees as noted in 7(3)(h) shall be waived.
Transportation Network Company (TNC) or Rideshare Companies
Transportation Network Company or Rideshare Vehicle Requirements
8.
(1)
Every TNC or rideshare vehicle operated by a company must:
a) Have a valid inspection certificate and decal from a qualified mechanic appointed
by Traffic Safety Services of SGI. The inspection certificate and decal must be
renewed yearly and be dated no more than 60 days prior to the expiry date of the
vehicle registration, as required by SGI. The cost of obtaining the annual
inspection shall be the responsibility of the owner.
b) Carry a valid inspection certificate within the vehicle and shall at all times display
a valid inspection decal on the rear right side window of the vehicle.
c) Be registered as a Class LV vehicle as per the Vehicle Classification and
Registration Regulations.
d) Have at least $1,000,000 in additional liability insurance that covers all of its
affiliated drivers and vehicles.
e) Have a Transportation Network Company (TNC) or Rideshare Vehicle permit, as
per Section 12 of this Bylaw, issued by the City of Yorkton and the applicable
permit must be displayed prominently for passengers to view in the vehicle.
Transportation Network Company or Rideshare Driver Requirements
9.
(1)
Every driver of a TNC or rideshare shall:
a) Obtain a criminal record check annually that is provided to SGI in accordance
with The Vehicles for Hire Act. The cost of the criminal record check is the
responsibility of the Driver.
b) Hold a valid Class 1-4 driver's licence which may be used to operate a TNC or
rideshare. A Class 5 driver's licence may be used provided that the driver:
i.
Is not in the Graduated Driver Licensing (GDL) program;
ii.
Has at least 2 years post-GDL driving experience in Canada or a reciprocal
jurisdiction;
iii.
Has a satisfactory driver history (meaning less than 12 points under the
Bylaw No. 17/2020 - Vehicles for Hire Bylaw
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Driver Improvement Program in the last 2 years, and no impaired driving-
related suspensions in the last 10 years) and submits an SGI Driver's
Abstract to the Licence Inspector.
c) Obtain a TNC or Rideshare Drivers permit, as per Section 12 of this Bylaw, issued
by the City of Yorkton and the applicable permit must be displayed prominently
for passengers to view in the TNC or rideshare vehicle.
Transportation Network Company or Rideshare Mobile Application Requirements
10.
(1)
Every transportation network company shall make the following information publicly
accessible on its website or mobile application at all times:
a) The payment may only be made through the application;
b) A way to contact the transportation network company, including legal name of
the transportation network company and its registered business address;
c) That trip data is being recorded, including a link to the transportation network
company's privacy policy; and
d) Information regarding trip request cancellation policies.
Transportation Network Company or Rideshare General Requirements
11.
(1)
Where a driver is providing rideshare services in the City, the driver shall:
a) Not transport non-ambulatory passengers in a wheelchair or scooter unless the
vehicle is designed and certified for that purpose in accordance with all applicable
laws; and if the transportation of non-ambulatory passengers is permitted pursuant
to all applicable laws, securely fasten all wheelchairs and scooters so as to prevent
any movement of the wheelchairs or scooters while the vehicle is in motion;
b) Fold and store wheelchairs of ambulatory patients with physical disabilities; and
c) Unless exempted by the licence inspector pursuant to the Bylaw, permit a
passenger with a disability to be accompanied by their service animal and must
not demand any additional charge for the transportation of service animals
accompanying a passenger with a disability.
(2)
A driver may apply for an exemption from clause 11(1)(c) regarding service animals by
providing proof acceptable to the licence inspector of the drivers inability to comply with
the requirements without suffering undue hardship.
(3)
Every driver shall carry in a TNC or rideshare, no more than the number of persons for
which the capacity has been rated by Provincial Law.
(4)
Every owner and driver of a TNC or rideshare in the City shall ensure the vehicle is kept
in neat, clean and tidy condition, both as to its interior and exterior while it is in use.
(5)
Every owner or driver shall ensure that no person, including the driver, smokes, burns,
uses or holds a lighted or otherwise heated cigarette, cigar, pipe, electronic cigarette,
vaporizer, hookah or similar equipment in the vehicle.
(6)
A TNC shall not permit or condone the acceptance of street hails or the solicitation of
passengers by TNC drivers. Transportation services must be prearranged using the TNC
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software or app with which the TNC driver is affiliated.
(7)
A TNC shall not permit and TNC drivers shall not accept payment by cash for a
transportation service facilitated by the TNC.
(8)
A TNC shall issue a receipt to the passenger containing the total amount paid, the date,
time and duration of the trip, the driver's first name, the vehicle licence plate number and
the name of the licensed transportation company.
(9)
Every owner of a TNC must adhere to the current City of Yorkton Zoning Bylaw and
City of Yorkton Business Licence Bylaw.
(10)
All vehicles operating as TNC vehicles must be identifiable by the appropriate vehicle
markings and shall not utilize markings that would be consistent with those of a taxi or
commercial branding.
Transportation Network Company or Rideshare Permits
12.
(1)
No person shall dispatch or participate in the dispatching of a vehicle for hire service or
operate or offer a mobile application within the City of Yorkton unless it holds a valid
TNC or Rideshare Vehicle and Driver permits issued by the City, pursuant to this Bylaw.
(2)
No person shall operate, or permit to be operated, any taxi, limousine, or shuttle within
the City without a current City of Yorkton Business Licence.
(3)
A Vehicle for Hire Permit application, as shown in Schedule "A", must be accompanied
by:
a) Proof that the company holds insurance of at least $1,000,000 in additional
liability insurance that covers any affiliated drivers and vehicles.
b) An Inspection Certificate and decal from a qualified mechanic appointed by
Traffic Safety Services of SGI for each vehicle listed in the application form. The
inspection certificate and decal must be renewed yearly and be dated no more than
60 days prior to the expiry of the vehicle registration, as required by SGI. The
cost of obtaining the annual inspection shall be the responsibility of the owner.
c) Copy of the vehicle registration for each vehicle listed in the application form.
d) Copy of a criminal record check with vulnerable sector check, completed within
the last 60 days, for each driver listed on the application form.
e) Copy of the Driver's Licence for each driver listed on the application form.
f) Copy of a Driver's Abstract for any driver listed on the application form with a
Class 5 Driver's Licence.
g) Alternatively, an SGI Driver Approval Letter may be submitted for each driver in
place of the criminal record check and Driver's Abstract as noted in 12(3)(d) and
12(3)(f) respectively.
h) Prescribed fee based on the number of drivers and the number of vehicles as listed
in Schedule "B".
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(4)
In accordance with clause 12(1), every company whom a rideshare licence has been
previously issued, intending to continue conducting or operating the business in
subsequent years shall make application to renew the licence prior to March 31st of that
subsequent year.
(5)
Every TNC or rideshare vehicle and driver permit issued shall expire on the 31st day of
December in the year of issuance.
(6)
The TNC or rideshare company shall notify the licence inspector of any changes to the
vehicle or drivers permits issued.
(7)
If a TNC or rideshare offer an accessible rideshare vehicle in the manner prescribed in
Section 5 of this Bylaw, all prescribed fees as noted in 12(3)(h) shall be waived.
Enforcement
13.
(1)
This Bylaw may be enforced by a Bylaw Enforcement Officer, Community Safety
Officer, Licence Inspector, or RCMP.
(2)
The licence inspector may revoke, refuse to issue or refuse to renew a permit under this
Bylaw if an applicant, owner or permit holder has:
a) Failed to comply with any provision of this Bylaw;
b) Failed to comply with any requirement of The Vehicles for Hire Act or The
Vehicles for Hire Regulations;
c) Been convicted of an offence pursuant to this Bylaw;
d) Failed to pay for the permit fees on or before the date required;
e) Failed to obtain or renew a City of Yorkton Business Licence.
(3)
The licence inspector shall send notice of any decision to revoke or refuse to issue or
renew permits pursuant to this Bylaw to the applicant, owner or permit holder by regular
mail or email at the address provided by the applicant, owner or permit holder.
(4)
Where the licence inspector has:
a) Refused to issue or renew a permit under this bylaw; or
b) Revoked a permit under this bylaw:
The applicant, owner, or permit holder may appeal the decision to City Council within 30
days of the date of the decision. An appeal must be in writing and delivered to the City
Clerk's Office within 30 days of the decision. An appeal cannot be made if the reason
for the refusal is the failure to pay any fee or provide the required information.
(5)
Where City Council hears an appeal pursuant to this Bylaw, they may:
a) Confirm the decision of the licence inspector;
b) Set aside the decision of the licence inspector; or
c) Order the licence inspector to make further inquiry into the facts of the case.
(6)
Where a permit is revoked pursuant to this Bylaw, the applicant, owner or permit holder
is required to return any City-issued identification or permits to the licence inspector.
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Penalties
14.
(1)
Where a Licence Inspector has reason to believe that a person has contravened any
provision of this Bylaw a Licence Inspector may issue a Summary Offence Ticket to the
driver or company owner. A Summary Offence Ticket issued pursuant to this Bylaw
shall contain a minimum voluntary payment of one hundred dollars ($100) to a maximum
voluntary payment of five hundred dollars ($500). The individual or corporation that is
in receipt of a Summary Offence Ticket has the option to make a voluntary payment
before the mentioned court appearance date set on the Summary Offence Ticket.
(2)
A Summary Offence Ticket shall be served by any method available to the City pursuant
to
the
Summary
Offence
Procedures
Act
and
Regulations.
(3)
Payment of a Summary Offence Ticket does not relieve the applicant, owner, or permit
holder from compliance with The Vehicle for Hire Act, The Vehicle for Hire Regulations
and this Bylaw.
Offences
15.
(1)
Any person that fails to comply with the regulations of this bylaw is liable on summary
conviction:
a) In the case of an individual, to a fine of not more than $10,000.
b) In the case of a corporation, a fine of not more than $25,000.
c) In the case of a continuing offense, to a maximum daily fine of not more than
$2,500 per day.
Severability
16.
If any section, subsection, sentence, clause, phrase or other portion of this Bylaw is for any reason
held invalid or unconstitutional by any Court of competent jurisdiction, that portion shall be
deemed a separate, distinct and independent provision and the holding of the Court shall not
affect the validity of the remaining portions of the Bylaw.
Repeal of Former Bylaw
17.
Bylaw No. 35/1994 is hereby repealed.
Effective Date of Bylaw
18.
This bylaw shall come into force and take effect on January 1, 2021.
__________________________________
MAYOR
__________________________________
CITY CLERK
Read a first time this 5th day of October A.D. 2020.
Read a second time this 14th day of December A.D. 2020.
Read a third time this 14th day of December A.D. 2020.
Bylaw No. 17/2020 - Vehicles for Hire Bylaw
Page 11 of 14
SCHEDULE "A"
APPLICATION FORM
Bylaw No. 17/2020 - Vehicles for Hire Bylaw
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SCHEDULE "A" continued
APPLICATION FORM
Bylaw No. 17/2020 - Vehicles for Hire Bylaw
Page 13 of 14
SCHEDULE "A" continued
APPLICATION FORM
Bylaw No. 17/2020 - Vehicles for Hire Bylaw
Page 14 of 14
SCHEDULE "B"
FEES
Taxi, Limousine and Shuttle Permit Fees
Driver Permit:
$50.00 per driver
Vehicle Permit:
$50.00 per vehicle
Vehicle Permit (accessible): No cost per accessible vehicle
Replacement Permit:
$10.00 per permit
Vehicle Permit Transfer Fee: First transfer free, subsequent transfer $30.00
Transportation Network Company or Rideshare Permit Fees
Driver Permit:
$50.00 per driver
Vehicle Permit:
$50.00 per vehicle
Vehicle Permit (accessible): No cost per accessible vehicle
Replacement Permit:
$10.00 per permit
Vehicle Permit Transfer Fee: First transfer free, subsequent transfer $30.00