Section 1 - Definitions
In this by-law,
“Accessible Priority List” means the list of eligible persons maintained by the Chief License Inspector in accordance with the provisions of this by-law;
“accessible taxicab” means a taxicab,
- that is used for the provision of taxicab service to persons with disabilities;
- that is subject to federal and provincial legislation applicable to the transportation of persons with disabilities; and
- that has been issued an accessible taxi plate;
“accessible taxicab driver” means an individual licensed to drive or operate an accessible taxicab for the provision of taxicab service;
“accessible taxicab driver license” means a license issued to an accessible taxicab driver pursuant to the by-law;
“Accessible Taxicab Training Course” means the accessible taxicab training course approved by the Chief License Inspector;
“accessible taxi plate holder” means a person to whom an accessible taxi plate holder license and accompanying taxi plate have been issued pursuant to this by-law;
“app” means any software or application or telecommunications platform used by a taxicab broker to connect passengers with taxicab drivers;
“applicant” means a person applying for a license or for the renewal of a license pursuant this by-law;
“auxiliary service”, for the purposes of Part III of this by-law, means a prearranged passenger ground transportation service that, in addition to transportation, provides to the customer personal service such as additional support and assistance, including door-to-door accompaniment or other special needs services;
“auxiliary service vehicle”, for the purposes of Part III of this by-law, means a vehicle involved in providing auxiliary service in accordance with this by-law;
“book-in” means to communicate with the taxicab broker with respect to his or her availability at the beginning of the shift and availability throughout the shift to accept fares and “booked-in” has a similar meaning;
“Chief License Inspector” means the Chief of By-law & Regulatory Services, in the Emergency and Protective Services Department of the City of Ottawa, or an authorized representative;
“Chief of Police” means the Chief of Police of the Ottawa Police Service or an authorized representative;
“City” means the City of Ottawa as constituted on January 1, 2001, under the City of Ottawa Act, 1999, S.O. 1999, c. 14, schedule. E, as amended;
“City Clerk and Solicitor” means the City Clerk and Solicitor of the City, or an authorized representative;
“City Treasurer” means the City Treasurer of the City, or an authorized representative;
“civilly” means with politeness in speech and behaviour;
“classic, vintage or specialty vehicle”, for the purposes of Part III of this by-law, means a passenger motor vehicle that is not used as the owner’s primary mode of transportation and is characterized by the vehicle’s original or restored condition and special value based on its age, value, collectable nature, performance, or rareness, and includes a vehicle which age exceeds 25 years;
“Council” means the Council of the City; “courteously” means respectfully and having consideration of others;
“decal” means the sticker provided by the Chief License Inspector;
“dispatch” means the act or service of sending or directing a taxicab, by electronic or any other means, to a person or persons who have requested taxicab service but does not include a request made directly to a taxicab driver;
“fare”, for the purposes of Part II of this by-law, means the charge or fee for taxicab service as displayed on a taximeter;
“General Manager, Emergency and Protective Services Department” means the General Manager of the Emergency and Protective Services Department of the City, or an authorized representative.
“Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, c, H.8, as amended, and includes any Regulation passed under it;
“his or her taxicab”, when used in reference to a taxicab driver, means the taxicab being driven by the particular driver;
“license” means a license issued under this by-law;
“License and Property Standards Committee” means the License and Property Standards Committee established by Council for the purposes of hearing applications and appeals relating to licenses and property standards;
“licensee” means a person holding a license in accordance with this by-law;
“limousine” means a passenger motor vehicle that has a seating capacity of not more than nine (9) persons, excluding the driver, and that is used for hire for the purpose of transporting persons, and includes a luxury vehicle, a stretch vehicle, a classic, vintage or specialty vehicle, and an auxiliary service vehicle, but excludes a station wagon, a vehicle designed to accommodate seating for more than ten (10) persons, a vehicle equipped with a taximeter or a PTC Vehicle;
“limousine service” means a business providing pre-arranged passenger ground transportation services for compensation from a point in the City of Ottawa to any point within or beyond the City of Ottawa, utilizing a limousine;
“low emission vehicle” means a motor vehicle that is a hybrid vehicle or a vehicle that is powered by propane, natural gas or electricity;
“luxury vehicle” means an unaltered passenger motor vehicle meeting the Motor Vehicle Safety Act standards and having a designed seating capacity of not less than four (4) and not more than nine (9) persons, excluding the driver, belonging to the luxury, high performance and full-size models of Audi, BMW, Cadillac, Infinity, Jaguar, Land Rover, Lexus, Lincoln, Mercedes or other makes approved by the Chief License Inspector, with a minimum of four (4) doors, carpeted flooring, tinted power windows, power locks, a stereo system, climate control, a leather or superior quality upholstered interior, and deluxe wheels and wheel covers, and that is not equipped with a taximeter or a roof sign, and does not include a standard taxicab, an accessible taxicab, a stretch vehicle, a classic, vintage or specialty vehicle, or an auxiliary service vehicle;
“motor vehicle” means a motor vehicle as defined in the Highway Traffic Act;
“motor vehicle mechanic” means a person who is registered as a motor vehicle inspection mechanic pursuant to the Highway Traffic Act;
“Motor Vehicle Safety Act” means the federal Motor Vehicle Safety Act, S.C.1993, c.16, as amended, and any Regulation passed under it, or any successor legislation thereto;
“Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c.25, as amended, and includes any Regulation passed under it;
“Municipal Law Enforcement Officer” means a person appointed by Council to enforce the provisions of this by-law and who may be referred to as an Inspector or Officer;
“Notice of Election” means the form approved by the Chief License Inspector outlining options available with respect to attendance at the Accessible Taxicab Training Course;
“passenger” means an individual in a vehicle-for-hire other than the driver;
“person” includes an individual, a corporation, a partnership, and an association, and includes a licensee or an applicant for a license under this by-law as the context requires;
“person with a disability” means a person who has a persistent physical, mental, psychiatric or sensory impairment, or a person with an injury causing mobility impairment;
"police officer" means a Chief of police or any other police officer, but does not include a special constable, a municipal law enforcement officer or an auxiliary member of a police force;
“Police Services Act” means the Police Services Act, R.S.O. 1990, c. P.15, as amended, and includes any Regulation passed under it;
“primary driver” means the driver who operates the taxicab fifty percent (50%) of the time or more;
“Private Transportation Company” means any person that offers, facilitates, or operates prearranged transportation services for compensation, from a point in the City of Ottawa to any point within or beyond the City of Ottawa, using any software or application or telecommunications platform or digital network to connect passengers with PTC Drivers, excluding a licensed taxicab using an app, and may also be referred to as “PTC” for the purposes of this by-law;
“proof of good repair” means a safety standards certificate issued within thirty (30) days of the motor vehicle inspection or, in the case of a new motor vehicle obtained directly from an automotive sales or leasing establishment, a certificate issued within ninety (90) days of the motor vehicle registration;
“proof of ownership” means,
- a current motor vehicle registration for each motor vehicle to be used as a limousine issued pursuant to the Highway Traffic Act in the name of the applicant for a limousine service license, or
- a signed copy of a leasing agreement in the name of the applicant for the limousine service license for each motor vehicle to be used as a limousine;
“protective shield” means a complete barrier installed between the front and rear seats of a motor vehicle that prevents physical contact between the driver and a rear seat passenger, and that is designed to meet the requirements of:
- the Highway Traffic Act with respect to the use of the vehicle’s seat belts and driver clear vision to the rear of the motor vehicle by its mirrors; and
- the Motor Vehicle Safety Act;
“Provincial Offences Act” means the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended, and any Regulation passed under it;
“PTC Driver” means an individual who is affiliated with a Private Transportation Company to transport passengers for compensation using a PTC Vehicle; and,
“PTC license” means a license issued to a Private Transportation Company under this by-law; and,
“PTC Vehicle” means a motor vehicle with a capacity to carry a maximum of six (6) passengers, plus the driver, that is used by a PTC Driver to provide transportation services that are offered or facilitated by the Private Transportation Company;
“request for accessible taxicab service” means any request for accessible taxicab service made by a person with a disability and “requested accessible taxicab service” has a similar meaning;
“Safety Standards Certificate” means a certificate issued pursuant to the Highway Traffic Act;
“service animal” means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a special skills dog for other persons with a disability and includes an animal used in therapy, registered with a recognized organization for that purpose;
“standard taxicab” means a taxicab in respect of which an original taxi plate was issued prior to January 1, 2004 with the license and includes any replacement plate issued for the original taxi plate regardless of when such replacement plate is issued;
“standard taxicab driver” means an individual licensed to drive or operate a standard taxicab for the provision of taxicab service;
“standard taxicab driver license” means a license issued by the City to a standard taxicab driver pursuant to this by-law;
“standard taxi plate holder” means a person to whom a standard taxi plate holder license and accompanying taxi plate have been issued pursuant to this by-law;
“stretch vehicle” means a passenger motor vehicle that is altered by a certified modifier to elongate the passenger compartment, suspension and other vehicle components, that meets the requirements of the Motor Vehicle Safety Act and that has been designed for a seating capacity of at least seven (7) persons, but not more than nine (9) persons, excluding the driver;
“tariff” means the rate for calculating a fare permitted by the City to be charged to a passenger in accordance with Schedule “B” to this by-law;
“tariff card” means the card issued by the City setting out the tariff permitted to be charged to a passenger in accordance with Schedule “A” to this by-law;
“taxi plate” means the numbered metal plate issued by the City to be affixed to the taxicab;
“taxicab” means a motor vehicle with seating capacity of a maximum of six (6) passengers, plus the driver, that is intended to be used or is actually used for hire for the purpose of transporting a person for compensation and includes an accessible taxicab and a standard taxicab, but does not include a limousine or a PTC Vehicle;
“taxicab broker” means a person who accepts calls in any manner for the dispatch of taxicabs and which taxicabs are not owned by that person or that person’s immediate family or employer;
“taxicab broker license” means a license issued by the City to a taxicab broker pursuant to this by-law;
“taxicab driver union” means Unifor, the Union, Canada, or any successor thereto;
“taxicab service” means the transportation of a passenger by taxicab from a point in the City of Ottawa to any point within or beyond the City of Ottawa;
“taxicab stand” means an area or zone designated as an exclusive stopping place for taxicabs at which a passenger may enter or exit a taxicab;
“taximeter” means a mechanical or electronic device that,
- is operated by a power drive cable attached to the transmission of the taxicab,
- measures mechanically the distance travelled and computes the fare to be charged, and
- contains a timing device to compute that portion of the fare to be charged for waiting time;
“temporary limousine” means a limousine registered with the Chief License Inspector in accordance with the provisions of this by-law to temporarily increase the number of vehicles available;
“to provide” when used in relation to vehicle-for-hire services includes to furnish, perform, solicit or give such services and “providing” or “provision” have corresponding meanings;
“trip”, for purposes of Part II and Part III of this by-law only, means the distance and time traveled measured from the time and location at which the passenger enters the vehicle-for-hire until the time the passenger exits from the vehicle-for hire at the final destination;
“vehicle-for-hire” means a motor vehicle that is used by a person to offer, facilitate or operate a transportation service of a passenger for compensation, and may include a taxicab, limousine or PTC Vehicle.
Section 2 - Interpretation
- This by-law includes the Schedules annexed hereto and the Schedules are hereby declared to form part of this by-law.
- This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.
- References to items in the plural include the singular, as applicable, unless used with a number modifying the term.
- It is declared that if any section, subsection or part thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.
- Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.
- Upon the expiration of the time prescribed for the doing of any act or the taking of any proceeding, the Chief License Inspector and the License and Property Standards Committee are divested of all jurisdiction to deal with the application and the times prescribed shall not be enlarged or abridged or attempted to be enlarged or abridged by any of them.
- Where notice is sent by registered mail, the date of service on the applicant is the date of the next workday following the date of mailing.
- Where any expression of time occurs or where any hour or other period of time is stated the time referred to shall be standard time, provided however, if what is known as “daylight saving time” has been generally adopted in the City for any period of the year, under any statute, order-in-council, by-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law.
Section 3 and 4 - License required
There shall be taken out by every:
- Standard taxicab driver;
- Accessible taxicab driver;
- Standard taxicab plate holder
- Accessible taxicab plate holder
- Taxicab broker
- Limousine service
- Auxiliary service; and,
- Private Transportation Company a license under this by-law authorizing them respectively to carry on business in the City.
No person shall carry on or engage in a business using a vehicle-for-hire without having first procured a license to do so under this by-law.
Section 5 - Applications and Issuance
- The following types of applications for the issuance of a license may be made:
- An original license, and
- The renewal of a license.
- On the application for an original license, or the renewal of a license, respecting any of the businesses set out in Section 3, the applicant shall,
- complete the prescribed forms required by this by-law,
- furnish to the City such information as the City may direct to be furnished,
- if a corporation, file a copy of its letters of incorporation or other incorporating document, duly certified by the proper government official or department, together with an annual return which contains a list of all shareholders of the corporation,
- if a partnership, provide the name and address of each member of the partnership as well as the name under which they carry on or intend to carry on business, and
- file the completed application with payment in full, in accordance with the City of Ottawa Policies and Procedures for Cash Handling issued by the City Treasurer, of the processing fee, the late fee, if applicable, and the license fee as set out in Section 8.
- With respect to the payment required by clause (e) of subsection (2),
- The processing fee payment and the late fee are non-refundable in whole or in part, and
- The license fee payment shall,
- if the license is granted, be applied toward the payment of the license fee for the license period in respect of which the license is issued, and
- if the license is not granted, returned to the applicant in accordance with Section 156.
- In the event of a licensee not renewing the license on or before its expiration, the licensee may renew the license by making application therefor up to and including the thirtieth day after the expiration of the license shall pay, at the time of issuance of the license, the license fee and the late fee set out in Section 8.
- In the event of a licensee not renewing the license on or before the thirtieth day after its expiration, the licensee ceases to be a licensee and shall apply for an original license and shall pay at the time of issuance of the license the license fee and the late fee set out in Section 8.
Section 6 - Conditions for issuance of a license
- An applicant for an original license or for the renewal of a license, is, subject to the provisions of this by-law, entitled to be issued the license, except where:
- The applicant has not,
- Completed the prescribed application forms,
- Delivered with the application payment in full of the processing fee, the late fee, if applicable, and the license fee as set out in Section 8 to be paid in respect of such license, or
- Complied with the license requirements set out in this by-law for the applicable business,
- the conduct of the applicant affords reasonable grounds for belief that the applicant has not carried on, or will not carry on, his or her business in accordance with the law and with integrity and honesty,
- there are reasonable grounds for belief that the carrying on of the business by the applicant has resulted, or will result, in a breach of this by-law or any other law, or
- there are reasonable grounds for belief that the carrying on of the business may be adverse to the public interest.
- Where two or more persons carry on or engage in partnership in any of the businesses set out in Section 3, the license shall be issued in the name of one partner only, but when the application for license is made, the name and address of each member of the partnership shall be set out therein as well as the name under which they carry on or intend to carry on business.
- In respect of Part II and Part III only, the licensee or another member of the partnership may apply in writing to the Chief License Inspector to change the named licensee to another member of the partnership, and provide proof of the members of the partnership; and the application shall be considered to be a transfer.
- Every person who purchases a business from a licensee licensed under Parts II and III of this By-law shall apply for a transfer of the license in accordance with the applicable transfer requirements of this by-law.
- Despite any other provision of this by-law, no license shall be issued or renewed under this by-law if the applicant or licensee has any unpaid fines imposed under the Provincial Offences Act.
Section 7 - Notice of issuance of a license
If the provisions of this by-law have been complied with and the issuance of the license has been approved by the Chief License Inspector, he or she may issue the license personally or send it by ordinary mail to the applicant at the address shown on the application.
Section 8 - Fees
- The fees shall be as set out in Schedule “A” to this by-law.
- The license fee shall be the amount set out in Column 2 of Schedule “A” opposite the description of the license set out in Column 1 of Schedule “A”.
- Where an original application for a license is filed after the expiry of the first six months of the license period, the applicant shall pay at the time of issuance of the license one-half of the license fee set out in Schedule “A”.
- Where a licensee fails to comply with this by-law or fails to produce the vehicle for a scheduled inspection, and the Chief License Inspector re-schedules the inspection, the licensee shall pay the re-inspection fee set out in Schedule “A”.
Section 9 - License period
Every license issued by the Chief License Inspector shall, unless it is expressed to be for a shorter or longer period of time, be for one (1) year and shall expire in each year on the date set out in Column 3 of Schedule “A” opposite the description of the license set out in Column 1 of Schedule “A”.
Section 10 - License certificate
- The license Certificate may be the invoice and shall be numbered and include:
- The name of the licensee,
- The business of the licensee,
- The address of the business,
- The category of the business license,
- The date of expiration of the license,
- The make, model, serial number and motor vehicle registration number issued under the Highway Traffic Act, if applicable.
- Where an original license has been lost or destroyed, the Chief License Inspector, upon receipt of an affidavit to that effect, furnished by the original holder thereof or by some person having personal knowledge of the loss or destruction of the license, may issue a duplicate license to the licensee upon payment of the fee set out in Section 8.
Section 11 - Issuance of a license
Upon issuance of a license, the Chief License Inspector shall furnish to the licensee the license certificate or such other items as set out in this by-law for the applicable business.
Section 12 - General requirements for insurance
- Every proof of insurance required pursuant to the provisions of this by-law shall be kept in force by the licensee for the period for which the license is in effect inclusive of any renewal period.
- No licensee who is required to file proof of insurance with the Chief License Inspector shall fail to maintain in force and to renew the same in a timely manner and to pay the premium due for the insurance.
- The Chief License Inspector shall, upon receipt of notice that a policy of insurance is to expire on a stated date, notify the licensee that unless further proof of insurance is filed on or before that day, his or her license will be suspended coincidently with the expiration of the policy of insurance.
- If a licensee fails to file proof of insurance as required by subsection (3), the Chief License Inspector shall immediately transmit a report to the License and Property Standards Committee which may consider the status of the license in accordance with the provisions of this by-law.