Passenger Transportation Services By-Law

Whereas:

The City is a single-tier municipality incorporated pursuant to an order made under section 25.2 of the Municipal Act, R.S.O. 1990, c. M.45.

The powers of a municipality must be exercised by its council (Municipal Act, 2001, S.O. 2001, c. 25 (the "Municipal Act, 2001"), s. 5 (1)).

A municipal power must be exercised by by-law unless the municipality is specifically authorized to do otherwise (Municipal Act, 2001, s. 5 (3)).

A by-law under the Municipal Act, 2001 respecting a matter may:

• regulate or prohibit respecting the matter;
• require persons to do things respecting the matter; and
• provide for a system of licences respecting the matter (Municipal Act, 2001, s. 8 (3)).

A single-tier municipality may provide any service or thing that the municipality necessary or desirable for the public (Municipal Act, 2001, s. 10 (1)).

A single-tier municipality may pass by-laws respecting:

• health, safety and well-being of persons;
• protection of persons and property, including consumer protection; and
• business licensing (Municipal Act, 2001, s. 10 (2)).

A municipality may delegate its powers and duties under the Municipal Act, 2001 to a person or body subject to the restrictions set out in Part II of the Municipal Act, 2001 (Municipal Act, 2001, s. 23.2 (1)).

A municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances (Municipal Act, 2001, s. 128 (1)).

A municipality may provide for a system of licences with respect to a business and may:

• prohibit the carrying on or engaging in the business without a licence;
• refuse to grant a licence or revoke or suspend a licence;
• impose conditions as a requirement of obtaining, continuing to hold or renewing a licence;
• impose special conditions on a business in a class that have not been imposed on all of the businesses in that class in order to obtain, continue to hold or renew a licence;
• impose conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the term of the licence; and
• license, regulate or govern real and personal property used for the business and the persons carrying it on or engaging in it (Municipal Act, 2001, s. 151 (1)).

If a municipality is satisfied that the continuation of a business poses an immediate danger to the health or safety of any person or to any property, the municipality may, for the time and on such conditions as it considers appropriate, without a hearing, suspend a licence subject to the following:

• before suspending the licence, the municipality shall provide the licensee with the reasons for the suspension, either orally or in writing; and
• the suspension will not exceed 14 days (Municipal Act, 2001, s. 151 (2)).

A local municipality, in a by-law with respect to the owners and drivers of taxicabs, may,

• establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the municipality or from any point in the municipality to any point outside the municipality;
• provide for the collection of the rates or fares charged for the conveyance; and
• limit the number of taxicabs or any class of them (Municipal Act, 2001, s. 156 (1)).

A municipality may make an order requiring a person who contravened a by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to discontinue the contravening activity (Municipal Act, 2001, s. 444 (1)).

A municipality may make an order requiring a person who contravened a by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention (Municipal Act, 2001, s. 445 (1)).

If a municipality has the authority under the Municipal Act, 2001 or any other Act or under a by-law under the Municipal Act, 2001 or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense and the municipality may recover the costs of doing such matter or thing from the person directed or required to it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes (Municipal Act, 2001, ss. 446 (1) & (3)).

Council considers it necessary and desirable for the public to provide a system of licences respecting certain passenger transportation services for the purposes of:

• health, safety and well-being of persons and property, including consumer protection;
• business licensing; and
• prohibiting and regulating with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances.

Therefore, Council enacts:

1.1 This by-law may be cited as the Passenger Transportation Services By-Law.

1.2 In this by-law:

Accessible Taxicab means a taxicab that is used, in whole or in part, to provide passenger transportation services to passengers with physical disabilities and that is equipped as a physically disabled passenger vehicle in accordance with Regulation 629 (Accessible Vehicles) made under the Highway Traffic Act, and the Canadian Standards Association CAN3-D409-M84 vehicle standards;

Accessible Taxicab Driver means an individual licensed under this by-law to operate an accessible taxicab for the purpose of providing passenger transportation services to passengers with physical disabilities;

Accessible Taxicab Plateholder means a person licensed under this by-law in respect of an accessible taxicab and to whom an accessible taxi plate (as that term is defined in Schedule "A") has been issued pursuant to this by-law;

Administrative Penalty means an administrative penalty administered pursuant to the Administrative Penalty Process By-Law;

Administrative Penalty Process By-Law means City of Kingston By-Law Number 2020-69, "A By-Law to Establish a Process for Administrative Penalties";

Age of Majority means the age of 18 years;

AODA means the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11;

Appeals Committee means the appeals committee established by City of Kingston By-Law Number 2024–375, "Appeals Committee By-law" (the "Appeals Committee By-law"), and includes any successor committee, tribunal or body designated by council to carry out the appeals committee's responsibilities;

Broker means a person who accepts, orders for, or dispatches a motor vehicle for the provision of passenger transportation services;

Call means a request or direction for the use of a motor vehicle for the purpose of passenger transportation services, transmitted by soft meter, radio, cell phone, mobile application, by personal request of a prospective passenger, or in any other manner;

City means The Corporation of the City of Kingston;

Clerk means the person appointed by the City as clerk and includes the clerk's designate;

Controlling Individual means in respect of an applicant or licensee that is a corporation or partnership, any individual who:

• is a director or officer;
• holds, directly or indirectly, 25 per cent or more of the voting shares; or
• exercises control or direction over the management or operations of the business;

Council means the council of the City;

Director means the City's director of the Licensing and Enforcement Services Department, the director's designate, or, in the event of organizational changes, the director of the successor division or department responsible for the administration of this by-law;

Dispatch or "dispatches" means the sending of a motor vehicle for the provision of passenger transportation services to a location for the purpose of offering or providing transportation to a passenger, and includes:

• receiving calls from prospective passengers and directing a driver to attend at the passenger's requested location;
• offering or operating any part of a mobile application or other electronic service that receives requests for passenger transportation services from prospective passengers and connects such requests to a driver; or
• any other action that results in a passenger and a motor vehicle for the provision of passenger transportation services being in the same place at the same time for the purpose of providing the passenger with passenger transportation services, regardless of whether the passenger transportation services are actually provided to the passenger;

Driver means an individual who operates a motor vehicle for the purpose of providing passenger transportation services;

Driver Identification Badge means a badge or identification card issued by the director identifying a licensed driver;

Fees and Charges By-Law means City of Kingston By-Law Number 2026-7, "Fees and Charges By-Law";

Highway Traffic Act means the Highway Traffic Act, R.S.O. 1990, c. H.8;

Holiday means a Saturday, a Sunday, a statutory holiday, and any other day on which the City's administrative offices are closed;

Law means all applicable Acts of Parliament, Acts enacted by the Legislature, and by-laws enacted by council, and any regulations, codes, directions, licences, orders, permits or rules made under any of them;

Licence means a valid licence granted or renewed pursuant to this by-law;

Licensee means any person that holds a licence;

Licensing Division means the Licensing, Parking Operations and Policy Division of the City's Licensing and Enforcement Services Department or, in the event of organizational changes, the successor division or department responsible for the administration of this by-law;

Mobility Aid means a device used to facilitate the transport of a person with a physical disability, including a manual wheelchair, electric wheelchair, scooter or walker;

Motor Vehicle means an automobile, truck or other vehicle propelled or driven otherwise than by muscular power;

Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c.25;

Passenger means a person who is receiving or has requested passenger transportation services;

Passenger Transportation Services means the transportation of passengers for compensation by motor vehicle, including through dispatch, street hail, pre-arrangement or digital platform, and includes any class prescribed in this by-law;

Penalty Notice means a notice given pursuant to subsections 2.2 and 2.4 of the Administrative Penalty Process By-Law;

Person includes an individual, a corporation, a partnership, and an association;

Provincial Offences Act means the Provincial Offences Act, R.S.O. 1990, c. P.33;

Provincial Offences Officer has the meaning given to it in the Provincial Offences Act;

Safety Standards Certificate means a safety standards certificate issued in accordance with the Highway Traffic Act that confirms that the motor vehicle meets the minimum safety standards on the date the certificate is issued, and which must include, in the case of an accessible taxicab, confirmation that the accessible taxicab is compliant with Regulation 629 (Accessible Vehicles) made under the Highway Traffic Act;

Taxicab includes any motor vehicle providing passenger transportation services at a public or private taxicab stand, in response to street hails from passengers, or in response to requests for service received through a taxicab broker, as well as any motor vehicle providing passenger transportation services that displays any sign or marking identifying, or likely to be perceived by a member of the public as identifying, the motor vehicle to be a taxicab;

Taxicab Broker means a broker who accepts, facilitates or coordinates requests for taxicab services and dispatches taxicabs to provide such services;

Taxicab Driver means an individual licensed under this by-law to operate a taxicab for the purpose of providing passenger transportation services, and includes an accessible taxicab driver;

Taxicab Plateholder means a person licensed under this by-law in respect of a taxicab and to whom a taxi plate (as that term is defined in Schedule "A") has been issued pursuant to this by-law, and includes an accessible taxicab plateholder;

Treasurer means the person appointed by the City as treasurer and includes the treasurer's designate; and

Winter Tire(s) means a tire that is marked on at least one sidewall with the Alpine Symbol specified in Transport Canada's Technical Standards Document No. 139.

1.3 For the purposes of interpreting this by-law:

• a reference to any legislation, regulation, or by-law or to a provision thereof includes a reference to any legislation, regulation or by-law enacted, made or passed in substitution thereof or amendment thereof;
• any reference to legislation includes all of the regulations made thereunder;
• "include", "includes" and "including" indicate that the subsequent list is not exhaustive;
• "to provide" includes to furnish, to offer, to perform, to carry on, to engage in, and to solicit, and "providing" and "provision" have corresponding meanings;
• to "promote" includes to use any commercial act or practice or to use any commercial communication, through any media or other means, that is intended to or is likely to:
  • encourage the provision or use of passenger transportation services; or
  • create an awareness or an association with passenger transportation services; and
• where a class-specific term is used, it prevails over the general term for the purposes of that class.

1.4 This by-law will not be interpreted as exempting any person from the requirement to comply with any other law. In the event of conflict between the provisions of this by-law and any other City by-law, the provision that establishes the higher standard of health, safety and well-being of persons and protection of persons will apply.

1.5 The schedules attached to and forming part of this by-law are adopted as part of this by-law. Each class of passenger transportation services prescribed in subsection 3.5 is subject to the requirements set out in the applicable schedule.

1.6 In the event of a conflict between a schedule to this by-law and this by-law, the schedule will prevail to the extent of the conflict.

2.1 The director is responsible for the administration of this by-law.

2.2 The director may rectify minor administrative oversights in respect of a licence or a licence application.

2.3 Where this by-law provides that the director may do an act, the director may, when doing the act, seek and consider information or documents from any person, and may consult with other City employees, legal counsel, or other advisors, all as the director considers necessary.

2.4 The director may, on the director's own initiative, refer any matter under this by-law the appeals committee for a determination.

2.5 Where this by-law provides that the director may do an act, it may be done by a person authorized by the director to do the act.

3.1 A person must not provide one of the classes of passenger transportation services prescribed in subsection 3.5 without holding a licence.

3.2 A person must not provide passenger transportation services that meet the definition of more than one class of passenger transportation services prescribed in subsection 3.5 without holding a licence for each such class of passenger transportation services.

3.3 A person must not advertise, publish, or cause to be advertised or published, or make any representation, that the person provides passenger transportation services for which a licence is required under this by-law without holding a licence.

3.4 A person must not operate a motor vehicle for the purpose of providing passenger transportation services except in accordance with this by-law and the applicable schedule.

3.5 The following classes of passenger transportation services require a licence under this by-law:

• a taxicab broker;
• a taxicab plateholder; and
• a taxicab driver.

4.1 A person may apply to have a licence to provide passenger transportation services granted or renewed by giving to the director the following:

• a completed application in the prescribed form;
• the fee or fees prescribed in the Fees and Charges By-Law;
• if the applicant is an individual:
• • proof satisfactory to the director that the applicant has attained the age of majority;
  • proof satisfactory to the director that the applicant is legally entitled to work in Canada as of the day the application is given to the director, including one of the following:
    • Canadian citizenship;
    • permanent resident status; or
    • a valid work permit issued by the Government of Canada; and
  • a statutory declaration by the applicant certifying that the information contained in the application is accurate, true and complete as of the date of the statutory declaration;
• if the applicant is a corporation:
  • a certificate of status of the corporation, issued by the Ministry of Public and Business Service Delivery and Procurement not more than 90 days before the day the application is given to the director, which indicates that the corporation is active;
  • the certificate of incorporation of the corporation;
• if the applicant is a partnership, the name and address of each member of the partnership as well as the name under which they provide or intend to provide passenger transportation services;
• if the applicant is seeking a licence as a driver:
  • a copy of the applicant's current, unrestricted Class 'G' driver's licence issued by the Province of Ontario, which is valid and in good standing;
  • an original police criminal records and judicial matters check, (including vulnerable sector screening every five years), or equivalent dated less than 90 days prior to the day the application is given to the director;
  • a three-year statement of driving record issued by the Ontario Ministry of Transportation dated within 30 days prior to the day the application is given to the director; and
  • proof satisfactory to the director that the applicant has at least three years of driving history;
• a copy of a valid safety standards certificate dated within 30 days prior to the day the application is given to the director, if applicable;
• a copy of a valid motor vehicle permit issued pursuant to the Highway Traffic Act for the motor vehicle that will be used to provide passenger transportation services, if applicable;
• certificates of insurance, in a form satisfactory to the director, confirming that the insurance required to be maintained by the applicant pursuant to this by-law is in full force and effect;
• the motor vehicle for inspection by the director at a time and place satisfactory to the director, if applicable; and
• such other information and documents as the director may prescribe or otherwise require.

4.2 Where an applicant is not an individual, each controlling individual must meet the requirements applicable to an individual applicant, as determined by the director.

4.3 Every licensee must renew their licence prior to the expiry of the licence by giving the information and documents required by the director, together with payment of the fee or fees prescribed in the Fees and Charges By-Law. If a licensee fails to pay the prescribed fee or fees within the timeframe specified by the director, the licensee will be required to pay the applicable late payment fee specified in the Fees and Charges By-Law.

4.4 No person may submit false or deceptive information or documents or make a or deceptive statement in an application given to the director or in any other document given to the director or the City.

4.5 Subject to and in accordance with this by-law, in processing an application for a licence, the City, its employees, or any external authority having jurisdiction, may carry out inspections of any premises or motor vehicles to ensure compliance with this by-law and other applicable laws.

4.6 An application for the grant or renewal of a licence that remains incomplete for a period of 90 days after the director first notifies the applicant of the deficiency may be deemed abandoned by the director, and the application may be closed without further notice. In such circumstances, a new application, together with the applicable fee or fees prescribed in the Fees and Charges By-Law, will be required before the applicant may obtain or renew a licence.

5.1 The director must grant or renew a licence to an applicant who meets the requirements of this by-law, except that the director may refuse to grant or a licence on the following grounds:

• the conduct of any person, including the officers, directors, employees or agents of a corporation, affords the director reasonable cause to believe that the applicant will not provide the passenger transportation services authorized by the licence in accordance with the law or with honesty and integrity;
• the director otherwise has reasonable cause to believe that the applicant will not provide the passenger transportation services authorized by the licence in accordance with the law;
• the motor vehicle used to provide the passenger transportation services does not comply with the provisions of this by-law or any other law;
• if the applicant is seeking a licence as a driver, the applicant has been 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 for which, in the opinion of the director, it would not be in the interest of public safety to issue or maintain such a licence having regard to the nature of the offence, the time elapsed, and its relevance to the provision of passenger transportation services;
• the director has reasonable cause to believe that the applicant will provide the passenger transportation services authorized by the licence in a way that will adversely affect the well-being or interests of the public or the City;
• the director has reasonable cause to believe that any information contained in the application is inaccurate, untrue or incomplete;
• the applicant is in default of fines imposed under the Provincial Offences Act;
• the applicant is in default of an administrative penalty; or
• if the applicant is an individual, the director has reasonable cause to believe that the applicant is less than the age of majority.

5.2 If the director refuses to grant or renew a licence, the director must give the applicant notice of the refusal, which notice may be given to the applicant at the address or email address shown on the application.

5.3 The director may, when granting or renewing a licence, or at any time the director considers appropriate, impose such conditions, including special conditions, as the director considers appropriate as a requirement of obtaining, continuing to hold or renewing a licence.

5.4 If the director imposes conditions, including special conditions, on a licence, the director must give the applicant or licensee notice of the conditions, which notice may be given to the applicant at the address or email address shown on the application or to the licensee at the address or email address shown on the licence.

5.5 The notice required by subsections 5.2 and 5.4 must set out the reasons for the decision and must state that the applicant or licensee may, within 15 days of being notified of the decision, file a notice of appeal in the prescribed form on the clerk in accordance with the Appeals Committee By-law.

5.6 If the director grants or renews a licence to two or more individuals who carry on a business as a partnership, each individual will be jointly and severally responsible observing and performing the licensee's obligations under the licence and this by-law.

5.7 If the director grants or renews a licence to an applicant, the director may deliver the licence to the applicant personally or by sending it by ordinary mail or email to the applicant at the address or email address shown on the application.

5.8 Unless otherwise provided in the schedules to this by-law, a licence is valid from the date it is granted or renewed until April 30, unless suspended or revoked earlier.

5.9 In making a decision under subsection 5.1, the director may consider past conduct, including prior compliance with this by-law or any other law, and any information the director considers relevant to the applicant's honesty, integrity, and ability to operate in accordance with the law and this by-law.

6.1 The director may:

• suspend or revoke a licence if the director has reasonable cause to believe that the licensee has not provided the passenger transportation services authorized by the licence in accordance with the law or with honesty and integrity;
• suspend or revoke a licence on the grounds specified in subsection 5.1 of this by-law;
• suspend a licence where the licensee fails to maintain the insurance required under this by-law or fails to provide proof of such insurance upon request. A suspension under this clause will remain in effect until satisfactory proof of insurance is provided to the director in accordance with this by-law; or
• suspend a licence if the director is satisfied that the provision of passenger transportation services by the licensee poses an immediate danger to the health or safety of any individual or to any property, subject to the following:
  • before suspending the licence, the director must provide the licensee with the reasons for the suspension, either orally or in writing, and an opportunity to respond to them;
  • the suspension must not exceed 14 days; and
  • the licensee will be provided an opportunity for a hearing before the appeals committee as soon as reasonably practicable following the suspension

6.2 If the director suspends or revokes a licence under clauses 6.1 (a), 6.1 (b) or 6.1 (c), the director must give the licensee notice of the suspension or revocation of the licence, which notice may be given to the licensee at the address or email address shown on the licence.

6.3 The notice required by subsection 6.2 must set out the reasons for the decision and must state that the licensee may, within 15 days of being notified of the decision, file a notice of appeal in the prescribed form on the clerk, which notice may be given to the licensee at the address or email on the licence.

6.4 In a real or perceived emergency, or if the director is unavailable, the manager of the Licensing Division may exercise the powers of the director under clause 6.1(d), subject to the following:

• the manager of the Licensing Division must, as soon as practicable, notify the director and provide the director with the reasons for the suspension; and
• the director may confirm or rescind the suspension, either orally or in writing.

6.5 Upon suspension, revocation or expiry of a licence, the licensee must immediately surrender to the director any licence, driver identification badge or other City-issued identifier upon request.

7.1 A licensee must:

• comply with the requirements of the applicable schedule to this by-law for each class of passenger transportation services;
• prominently display the licence or driver identification badge at or on the premises or in the motor vehicle in respect of which the licence was granted or renewed, unless otherwise specified in this by-law;
• produce the licensee's licence for inspection when required to do so by the director or a provincial offences officer;
• comply with any conditions, including special conditions, imposed by the director as a requirement of obtaining, continuing to hold or renewing a licence;
• put in effect and maintain insurance coverage for the kinds of liability and in the amounts specified in this by-law and maintain copies of such insurance in any motor vehicle that is providing passenger transportation services;
• operate and maintain every motor vehicle that is operated as part of the passenger transportation services such that it is in accordance with this by-law; and
• provide the passenger transportation services authorized by a licence in accordance with the law.

7.2 A licensee must, within five days after the event:

• notify the director in writing of any change in any information or document given to the director at the time of application to have a licence granted or renewed; and
• give the director a statutory declaration by the licensee certifying that the change in information is accurate, true and complete as of the date of notification.

A licensee must not cause or permit the passenger transportation services authorized by the licence to:

• pose a danger to the health, safety or well-being of any individual or to any property, including by:
  • departing from applicable laws, manufacturer standards, or any standards expressly adopted by the City; or
  • knowingly making, causing or permitting to be made any misrepresentation as to the nature, quality or quantity of the passenger transportation services; or
• become or cause a public nuisance or cause or contribute to activities or circumstances constituting a public nuisance, including:
  • interference with the use of highways and other public places;
  • the creation of unusual traffic patterns; or
  • an increase in harassment or intimidation.

7.4 A licensee must not:

• assign, transfer, lease, or otherwise deal with its licence without the director's prior written consent, which may include a requirement to execute a transfer or assignment agreement and pay the required fee prescribed in the Fees and Charges By-law;
• advertise, promote, or provide passenger transportation services under any name other than that set out in its licence; or
• if the licensee provides the passenger transportation services as a sole proprietor, use any description or device that would indicate that the passenger transportation services are being provided by a corporation or other person.

7.5 No licensee will discriminate against any person because of race, ancestry, place origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability, or otherwise contravene the Human Rights Code, R.S.O. 1990, c. H.19, in relation to the provision of passenger transportation services.

7.6 Without limiting subsection 7.5, no licensee will charge:

• a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip;
• a fee for the storage of mobility aids in relation to the provision of passenger transportation services; or
• a fee for any service animal, as defined in the AODA.

8.1 Except as otherwise specified in the schedules to this by-law, every licensee must ensure that every motor vehicle used to provide passenger transportation meets the following requirements at all times when providing passenger transportation services:

• the motor vehicle has a valid and current safety standards certificate;
• the motor vehicle has a valid Motor Vehicle permit issued pursuant to the Highway Traffic Act;
• subject to subsection 8.2, the motor vehicle is less than 10 model years old (not including the year of the motor vehicle);
• the motor vehicle complies with all requirements of the Highway Traffic Act and is considered mechanically safe, as determined by a licensed mechanic, and does not have any body damage with sharp edges, holes in the floor boards, unserviceable tires, doors that do not close properly, wire protruding from any seat, or any other mechanical defect that would render the motor vehicle unsafe;
• if the motor vehicle is leased, the lease agreement for the motor vehicle is valid and in full force and effect;
• the interior of the motor vehicle is maintained in a clean, sanitary condition;
• the motor vehicle is equipped with functioning power door locks, heating and air-conditioning;
• the motor vehicle is equipped with tires of the same type, tread pattern, size, speed rating and load index on all drive wheels and trailing axles;
• the motor vehicle complies with all applicable requirements of the Highway Traffic Act respecting window tinting and visibility, and no aftermarket tinting may be applied in a manner that obstructs or impairs the visibility of the interior of the motor vehicle from outside the motor vehicle; and
• the motor vehicle is equipped with four winter tires from December 1 to March 15.

8.2 Despite clause 8.1(c) above, the director may approve up to four consecutive extensions of six months each permitting a motor vehicle to continue operating beyond the 10 model year limit, provided that:

• the licensee submits a valid and current safety standards certificate for the motor vehicle within: (i) 30 days before the expiry of the 10 model year limit; and (ii) 15 days before the expiry of each extension period;
• the motor vehicle is made available for inspection by a licensed mechanic within the time periods specified in clause (a) above, and the mechanic provides written confirmation to the director that the motor vehicle satisfies the requirements of clause 8.1(d) above; and
• the licensee submits a completed extension application form in the form prescribed by the director and pays the fee or fees prescribed in the Fees and Charges By-Law.

8.3 Every licensee must keep copies of the documents and records required pursuant to this section at all times while the motor vehicle is used to provide passenger transportation services and for a period of not less than three years after the motor vehicle ceases to be used to provide passenger transportation services.

8.4 Every licensee will make available to the director, within 48 hours after request, documents and records required pursuant to this section.

8.5 No licensee will carry in a motor vehicle a greater number of passengers than the manufacturer's rating of seating capacity for the motor vehicle (a minimum of four working seat belts to accommodate four adult passengers and one seatbelt for driver).

8.6 The director may, in its reasonable discretion, require the inspection or reinspection of any motor vehicle used to provide passenger transportation services by a licensed mechanic designated by the director.

9.1 This by-law may be enforced by the director, a provincial offences officer or authorized employee or agent of the City.

9.2 A person must not obstruct or hinder or attempt to obstruct or hinder the director, a provincial offences officer or other authorized employee or agent of the City who is exercising a power or performing a duty under the Municipal Act, 2001 or this by-law.

9.3 The director, a provincial offences officer or other authorized employee or agent of the City may, in accordance with the provisions of the Municipal Act, 2001, enter on land at any reasonable time for the purpose of carrying out an inspection, including an inspection of a motor vehicle, to determine whether this by-law is being complied with.

9.4 For the purposes of an inspection, the director, a provincial offences officer or authorized employee or agent of the City may:

• require the production for inspection of documents or things relevant to the inspection;
• inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
• require information from any person concerning a matter related to the inspection;
• alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests or photographs necessary for the purposes of the inspection; and
• if the inspection is reasonably necessary because the director, a provincial offences officer or other authorized employee or agent of the City has been prevented or is likely to be prevented from doing anything set out in clauses (a) to (d), undertake an inspection pursuant to an order under section 438 of the Municipal Act, 2001.

9.5 A person must not neglect or refuse to produce any information or thing or to provide any information required by the director, a provincial offences officer or other authorized employee or agent of the City acting pursuant to an order under section 438 of the Municipal Act, 2001.

9.6 If the director is satisfied that a contravention of this by-law has occurred, the director may make an order requiring the person who contravened this by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to:

• discontinue the contravening activity;
• do work to correct the contravention; or
• both.

An order under subsection 9.6 must set out:

• reasonable particulars of the contravention adequate to identify the contravention and the location of the land on which the contravention occurred;
• the work to be done, if any; and
• the date by which there must be compliance with the order.

10.1 A person who:

• contravenes any provision of this by-law;
• contravenes an order under subsection 9.6;
• hinders, obstructs or interferes with the director, a provincial offences officer or other authorized employee or agent of the City who is exercising a power or performing a duty under the Municipal Act, 2001 or this by-law;
• hinders, obstructs or interferes with a person authorized by the director to do an act in the exercise of that person's authority to do the act;

is guilty of an offence as provided for in the Provincial Offences Act.

10.2 An officer or director of a corporation who knowingly concurs in the contravention of any provision of this by-law is guilty of an offence as provided for in the Provincial Offences Act.

10.3 If the director, a provincial offences officer or other authorized employee or agent of the City is satisfied that a person has failed to comply with this by-law, the director, the provincial offences officer or other authorized employee or agent of the City may require the person to pay an administrative penalty by issuing a penalty notice to the person, and the Administrative Penalty Process By-Law applies to each administrative penalty under this by-law.

10.4 If a person is required to pay an administrative penalty under subsection 10.3 in respect of a contravention of this by-law, the person will not be charged with an offence in respect of the same contravention.

10.5 A person who is convicted of an offence under this by-law is liable to a minimum fine of $500 and to a maximum fine of $100,000, pursuant to subsections 429 (1) and (3) of the Municipal Act, 2001.

10.6 Each offence in this by-law is designated as a continuing offence. A person who is convicted of an offence under this by-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500 and a maximum fine of $10,000, and the total of all daily fines for the offence is not limited to $100,000 as provided for in section 429 of the Municipal Act, 2001.

10.7 When a person has been convicted of an offence under this by-law, the Ontario Court of Justice or any court of competent jurisdiction may, in addition to any other penalty imposed on the person convicted, make an order:

• prohibiting the continuation or repetition of the offence by the person convicted; and
• requiring the person convicted to correct the contravention in the manner and within the period that the Court considers appropriate.

10.8 The City may collect unpaid fines for a contravention of this by-law in accordance with the following:

• the treasurer may give notice that if any part of a fine for a contravention of this by-law remains unpaid after the fine becomes due and payable under section 66 of the Provincial Offences Act, including any extension of time for payment under section 66 or 66.0.1 of the Provincial Offences Act, the treasurer may give the person against whom the fine was imposed a written notice specifying the amount of the fine payable and the final date on which it is payable, which must be not less than 21 days after the date of the notice; and
• if the fine remains unpaid after the final date specified in the notice, the fine is deemed to be unpaid taxes for the purposes of section 351 of the Municipal Act, 2001.

11.1 An applicant or licensee may appeal any of the following decisions of the director to the appeals committee:

• a decision to refuse an application for the grant or renewal of a licence;
• a decision to suspend or revoke a licence, except for a decision to suspend a licence made pursuant to clause 6.1(d);
• a decision to impose one or more conditions as a requirement of obtaining, continuing to hold or renewing a licence; or
• a decision respecting the times, dates or places of validity of a licence.

11.2 A person who is the subject of an order made by the director under subsection 9.6 may appeal the order to the appeals committee.

11.3 To appeal to the appeals committee, a person must file with the clerk a notice of appeal, in the prescribed form, along with the fee or fees prescribed in the Fees and Charges By-Law within 15 days from the day the applicant or licensee was given notice of the director's decision or the order that is being appealed from.

11.4 The appeals committee may, upon application by a person referred to in subsections 11.1 or 11.2, extend the time for appealing a decision or an order if it is satisfied that there are apparent grounds for granting the appeal and that there are reasonable grounds for applying for the extension and may give directions that it considers proper consequent upon the extension.

11.5 An appeal to the appeals committee does not stay a decision unless the appeals committee orders otherwise in writing upon being satisfied that a stay will not cause harm or a risk of harm to the health, safety or well-being of a person or property.

11.6 The parties to an appeal are:

• the person referred to in subsections 11.1 or 11.2; and
• the director.

11.7 Subject to subsection 11.8, after receiving a notice of appeal and the fee or fees prescribed in the Fees and Charges By-Law, the clerk must promptly appoint a time and place for a hearing by the appeals committee.

11.8 The clerk must give each of the parties at least seven days' notice of the time and place of the hearing.

11.9 Appeals will be conducted in accordance with the Appeals Committee By-law.

11.10 On an appeal, the appeals committee may rescind, confirm or alter the director's decision or the order, and may substitute its own opinion for that of the director, and may direct the director to take any action that the appeals committee considers that the director ought to take in accordance with this by-law.

11.11 Decisions made by the appeals committee are final.

12.1 Any form, notice or other document is sufficiently given or filed if it is:

• given or filed personally;
• sent by registered mail;
• sent by email; or
• sent by another manner if the sender can prove receipt of the form, notice, or other information or document.

12.2 Time limits that would otherwise expire on a holiday are extended to include the next day that is not a holiday.

12.3 The director may make available publicly on the City's website or by any other means that the director determines:

• information about the passenger transportation services provided by any class of licensees, including their business name, business address, phone number and email address;
• licensing information about a licensee, including the licensee's licence number, the date that the licence expires, specified limitations of the licence, conditions, including special conditions, imposed on the licence and the current status of the licence;
• information about persons whose licence has been suspended or revoked; and
• any other information that the director may prescribe.

12.4 The director may make regulations, procedures, or guidelines prescribing:

• the form of all licences;
• any other forms and providing for their use;
• the information and documents required to be given to the director by a person applying to have a licence granted or renewed;
• the requirements of any photograph of the applicant's likeness that may be required for a driver identification badge; and
• the information that the director may make available publicly on the City's website or by any other means that the director determines.

12.5 The director must make every regulation, procedure or guidelines made subsection 12.4 available for public inspection upon request.

12.6 If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of council in enacting this by-law that each and every provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law.

12.7 On the date that this by-law comes into force and takes effect, a person who held a valid licence under the predecessor to this by-law immediately before the date that this by-law comes into force and takes effect is deemed to hold a licence under this by-law.

12.8 This by-law will come into force and take effect on October 1, 2026.