BACKGROUND:
The City of Ottawa’s Vehicle-for-Hire By-law (By-law No. 2016-272)requires Private Transportation Companies (“PTCs”) in Ottawa to obtain a license from the City and to comply with prescribed regulations.
In addition, the Vehicle for Hire By-law also requires PTC drivers to comply with specific regulations, such as having an acceptable driving history and police record check, and having appropriate automobile liability insurance as set out in the by-law. Under the by-law, PTC drivers are prohibited from picking-up fares at taxi stands or by “street hailing”, and must be affiliated with a licensed PTC when providing transportation services, among other requirements.
A Private Transportation Company (“PTC”) is a person, corporation, or other entity that offers, facilitates, or operates prearranged transportation services for compensation in Ottawa using an app, software, telecommunications platform or digital network to connect passengers with drivers and vehicles (but a PTC does not include a licensed taxicab using an app). A PTC driver is an individual who is affiliated with a PTC to transport passengers for compensation using a PTC vehicle. A PTC vehicle is a motor vehicle with a capacity for 6 passengers (plus the driver) that is used by a PTC driver to provide transportation services that are offered or facilitated by the PTC.
LEGAL AUTHORITY:
The Vehicle for Hire By-law is passed by City Council under to its authority to enact by-laws for the health, safety and well being of persons, and for the protection of persons and property, including consumer protection, in addition to its business licensing powers, as permitted by paragraphs 6, 8 and 11 of Subsection 10(2) and Section 151of the Municipal Act, 2001, S.O. 2001, c.25. In addition, pursuant to Subsection 8(3) of the Municipal Act, 2001, City Council may regulate or prohibit vehicles-for-hire and their drivers, and may require a person involved with vehicles-for-hire to do certain things.
INDIRECT COLLECTION OF INFORMATION:
In accordance with Section145 of the Vehicle-for-Hire By-law, the Chief License Inspector of the City of Ottawa collects from the licensed PTC the following information about PTC drivers and PTC vehicles:
- the name and address of every PTC driver affiliated with the PTC;
- the make, model, colour, and license plate of every PTC vehicle affiliated with the PTC; and
- confirmation (i.e. “yes/no”) from the PTC that every PTC driver affiliated with the PTC meets the requirements of the by-law (a drivers licence, proof of an acceptable statement of driving record and police record check, a declaration of no outstanding Criminal Code charges or warrants, and proof of required automobile liability insurance).
The information noted above is collected by the Chief License Inspector or his delegates in the By-law & Regulatory Services Branch for the purposes of by-law enforcement, and will be used by authorized staff to investigate and enforce compliance with the by-law, including the conducting of by-law investigations and by-law inspections as required, which could lead to proceedings before the City of Ottawa’s License and Property Standards Committee or a court of competent jurisdiction from which penalties or sanctions may be imposed.
In accordance with Section 146 of the Vehicle-for-Hire by-law, the Chief License Inspector of the City of Ottawa may also require a licensed PTC to provide any record or information that the PTC is required to obtain or verify under the by-law, including information about PTC drivers and PTC vehicles noted above. The collection by the Chief License Inspector of these records or information will occur only on a case-by-case basis for the purposes of investigating and enforcing compliance with the Vehicle-for-Hire By-law.
CONTACT FOR QUESTIONS AND INFORMATION:
Requests for information about the Vehicle-for-Hire By-law, and questions about the collection and use by the City of Ottawa of the above-noted information, may be directed to: Chief License Inspector, By-law and Regulatory Services Branch, City of Ottawa, by mail at 735 Industrial Avenue, Ottawa, Ontario, K1S 5M7, or by telephone at (613) 580-2424, ext. 41362, or by e-mail at: roger.chapman@ottawa.ca.
