Item - 2015.LS3.5

Tracking Status

  • City Council considered this item on September 30, 2015 and received the item for information. No further action will be taken on this item.
  • City Council considered this item on May 5, 2015 and postponed its consideration to a later date. Consult the text of the decision for further information on the deferral.
  • This item was considered by Licensing and Standards Committee on April 21, 2015 and was adopted with amendments. It will be considered by City Council on May 5, 2015.

LS3.5 - Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs - Information on Amendments to Standard Taxicab Regulations

Decision Type:
ACTION
Status:
Received
Wards:
All

City Council Decision

City Council on September 30, October 1 and 2, 2015, received Item LS3.5 for information.

City Council Decision Advice and Other Information

City Council considered Items LS5.3, LS6.1 and CC9.8 together.

Public Notice Given

Background Information (Committee)

(April 7, 2015) Report from the Executive Director, Municipal Licensing and Standards on Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs - Information on Amendments to Standard Taxicab Regulations
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78929.pdf
Attachment 1 - Taxicab Industry Review Final Report
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78930.pdf

Background Information (City Council)

(April 28, 2015) Transmittal from the Disability Issues Committee on Accessible Taxis in Toronto (LS3.5a with recommendations)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-84095.pdf

Communications (Committee)

(April 19, 2015) E-mail from Nizam Habibur Rahman (LS.New.3.5.1)
(April 21, 2015) Submission from Howard Moscoe (LS.New.3.5.2)
(April 21, 2015) Submission from Al Moore (LS.New.3.5.3)
(April 21, 2015) Submission from Al Moore (LS.New.3.5.4)

Communications (City Council)

(April 28, 2015) E-mail from Yitbarek Gebremariam (CC.Main.LS3.5.5)
(May 4, 2015) E-mail from Blair Williams (CC.Main.LS3.5.6)
(May 3, 2015) Letter from Mike Tranquada, President, Independent Toronto Taxi Inc. (CC.Main.LS3.5.7)

Motions (City Council)

1 - Motion to Receive Item moved by Councillor Mary-Margaret McMahon (Carried)

That Item LS3.5 be received for information.

Vote (Receive Item) Sep-30-2015 7:25 PM

Result: Carried Majority Required - LS3.5 - McMahon - motion 1 - Receive the item
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Gord Perks, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 15 Members that voted No are Michelle Berardinetti, Jon Burnside, John Campbell, Josh Colle, Glenn De Baeremaeker, Frank Di Giorgio, Rob Ford, Jim Karygiannis, Chin Lee, Giorgio Mammoliti, Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson
Total members that were Absent: 1 Members that were absent are Denzil Minnan-Wong

LS3.5 - Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs - Information on Amendments to Standard Taxicab Regulations

Decision Type:
ACTION
Status:
Deferred
Wards:
All

City Council Decision

City Council on May 5, 6 and 7, 2015, deferred consideration of Item LS3.5 until such time as City Council considers a report from the City Solicitor with respect to the Court decision on Uber.

Public Notice Given

Background Information (Committee)

(April 7, 2015) Report from the Executive Director, Municipal Licensing and Standards on Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs - Information on Amendments to Standard Taxicab Regulations
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78929.pdf
Attachment 1 - Taxicab Industry Review Final Report
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78930.pdf

Background Information (City Council)

(April 28, 2015) Transmittal from the Disability Issues Committee on Accessible Taxis in Toronto (LS3.5a with recommendations)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-79632.pdf

Communications (Committee)

(April 19, 2015) E-mail from Nizam Habibur Rahman (LS.New.3.5.1)
(April 21, 2015) Submission from Howard Moscoe (LS.New.3.5.2)
(April 21, 2015) Submission from Al Moore (LS.New.3.5.3)
(April 21, 2015) Submission from Al Moore (LS.New.3.5.4)

Communications (City Council)

(April 28, 2015) E-mail from Yitbarek Gebremariam (CC.Main.LS3.5.5)
(May 4, 2015) E-mail from Blair Williams (CC.New.LS3.5.6)

Motions (City Council)

1 - Motion to Defer Item moved by Mayor John Tory (Carried)

That consideration of the item be deferred until such time as City Council considers a report from the City Solicitor with respect to the Court decision on Uber.

Vote (Defer Item) May-05-2015 4:34 PM

Result: Carried Majority Required - LS3.5 - Tory - motion 1 - defer the item
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Michelle Berardinetti, John Campbell, Christin Carmichael Greb, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Rob Ford, Mark Grimes, Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio, Anthony Perruzza, Michael Thompson
Total members that were Absent: 1 Members that were absent are Chin Lee

2 - Motion to Amend Motion moved by Councillor Norman Kelly (Withdrawn)

That the motion 1 by Mayor Tory be amended by deleting the words "until such time as City Council considers a report from the City Solicitor with respect to the Court decision on Uber" and inserting the words "to the June 10 and 11, 2015 meeting of City Council" so that it now reads:

 

That consideration of the item be deferred to the June 10 and 11, 2015 meeting of City Council.


Motion to Withdraw a Motion moved by Councillor Norman Kelly (Carried)

That Councillor Norman Kelly be permitted to withdraw his motion 2.

Vote (Withdraw a Motion) May-05-2015 4:33 PM

Result: Carried Majority Required - LS3.5 - Kelly - withdraw motion 2
Total members that voted Yes: 40 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Frank Di Giorgio, Rob Ford, Jim Karygiannis, Giorgio Mammoliti
Total members that were Absent: 1 Members that were absent are Chin Lee

3 - Motion to End Debate moved by Councillor Shelley Carroll (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Mayor Tory's deferral motion 1 and take the vote immediately.

Vote (End Debate) May-05-2015 4:30 PM

Result: Carried Two-Thirds Required - LS3.5 - Carroll - End debate on motion 1
Total members that voted Yes: 30 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 13 Members that voted No are Michelle Berardinetti, Vincent Crisanti, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Jim Karygiannis, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Cesar Palacio, Anthony Perruzza, Jaye Robinson, John Tory
Total members that were Absent: 2 Members that were absent are Rob Ford, Chin Lee

a - Point of Privilege by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Privilege, stated that he would not be ruled out of order by staff. Councillor Mammoliti apologized for his remarks for whatever reasons the Speaker had requested him to apologize.


b - Point of Order by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Order, asked the Speaker to rule on whether the questions being asked by Councillor Karygiannis were appropriate for the Executive Director, Municipal Licensing and Standards.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Karygiannis' questions should be directed to the Toronto Police Service.


c - Point of Order by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Order, requested the Speaker to remind all Members to be respectful of staff when asking questions and to only ask questions that are relevant to the item before Council.


d - Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti, rising on a Point of Order, stated that he needed clarification on where the deferred Item would be going.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the matter would come back to City Council.


e - Point of Order by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that Councillor Mammoliti's remarks regarding the Mayor's earlier comment about not having a pony in the race had impugned the Mayor, and Councillor Matlow further stated that the Mayor's comment was just an expression or metaphor and not anything improper.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privillege and thanked Councillor Matlow for his comments.


f - Point of Order by Councillor Gord Perks

Councillor Perks, rising on a Point of order, stated that motion 2 by Councillor Kelly was redundant because the City Solicitor would automatically report back to Council after the court decision.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and permitted Councillor Kelly to clarify the intent of his motion. Councillor Kelly stated that his motion sets a hard date for the report back.


g - Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that Speaker Nunziata should permit him to finish his questions.


h - Point of Privilege by Councillor Mike Layton

Councillor Layton, rising on a Point of Privilege, stated that he found Councillor Karygiannis' comments to Speaker Nunziata rude and that the Minutes should reflect that.  Councillor Layton stated that he hoped that Councillor Karygiannis would apologize to Speaker Nunziata.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and ruled that she was ignoring the comments as she didn't think an apology would be provided if asked.


i - Point of Order by Councillor Frank Di Giorgio

Councillor Di Giorgio, rising on a Point of order, stated that he had placed a motion on this Item.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Di Giorgio had not placed the motion at the beginning of his remarks.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata permitted Deputy City Manager, John Livey to address City Council. The Deputy City Manager advised City Council of his objection to Councillor Mammolti's line of questioning to staff.

Speaker Nunziata ruled Councillor Mammoliti's questions of staff out of order as his questions were not related to the matter before Council. Speaker Nunziata requested Councillor Mammoliti to retract his comments and apologize to staff.

LS3.5 - Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs - Information on Amendments to Standard Taxicab Regulations

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1. City Council amend Toronto Municipal Code, Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs, to permit the issuance of Standard taxicab owners' licences to qualified purchasers upon the sale or transfer of Standard taxicabs, retroactive to July 1, 2014.

 

2. City Council authorize the City Solicitor to submit a bill containing all necessary by-law amendments to give effect to recommendation 1.

Decision Advice and Other Information

The Licensing and Standards Committee thanked the owner-operators, fleet owners, ambassador drivers, shift drivers and other industry stakeholders for their hard work over the years and their dedication to the City of Toronto.

Origin

(April 7, 2015) Report from the Executive Director, Municipal Licensing and Standards

Summary

At its meeting of March 24, 2015, the Licensing and Standards Committee directed the Executive Director, Municipal Licensing and Standards to submit to Licensing and Standards Committee at its meeting on April 21, 2015, the necessary by-law amendments to reinstate the Standard taxicab regulations in force prior to July 1, 2014.

 

To reinstate the former Standard taxicab regulations, amendments would be required to the provisions of Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs, related to Standard taxicab sales, the transition of Standard taxicabs into Toronto Taxicab Licences, the definition of a "Standard Taxicab", and related provisions, as well as Chapter 441, Fees and Charges, to reinstate certain licensing fees related to Standard taxicabs.

 

Reinstating the pre-July 1, 2014 regulations governing Standard Taxicabs would be directly contrary to City Council's adoption of owner-operator principles in the 1998 and 2014 Reviews. It would perpetuate a multi-tier licensing system, the adverse consequences of which were one of the key considerations underlying the amendments adopted by City Council in 2014. It would additionally render City Council's goal of achieving 100 percent wheelchair accessibility unattainable.

Background Information

(April 7, 2015) Report from the Executive Director, Municipal Licensing and Standards on Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs - Information on Amendments to Standard Taxicab Regulations
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78929.pdf
Attachment 1 - Taxicab Industry Review Final Report
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-78930.pdf

Communications

(April 19, 2015) E-mail from Nizam Habibur Rahman (LS.New.3.5.1)
(April 21, 2015) Submission from Howard Moscoe (LS.New.3.5.2)
(April 21, 2015) Submission from Al Moore (LS.New.3.5.3)
(April 21, 2015) Submission from Al Moore (LS.New.3.5.4)

Speakers

Nizam Habibur Rahman
Sajid Mughal
Howard Moscoe
Imran Chowdhury, Toronto Taxi Driver's Forum
Iraz Izaddoustdar
Jamshid Bagherzadeh
Ken Bernknopf, President, 415583 Ontario Ltd.
Mike Tranquada, Independent Toronto Taxi Inc.
Dimitri Paras, Hayward Hack Ltd. Taxi
Steve Hozack
Sam Moini
Frank Kelly, Taxicab owner 1798
Jaswal Sanjiwan
Muhammad Naseem Qazi
Azizullah Hosseinzada
Morton Weizenbluth
Heather Christensen
Zulfiqar Ali
Andy Reti
Behrawz Khamseh
Councillor Janet Davis

Motions

1 - Motion to Amend Item moved by Councillor Glenn De Baeremaeker (Carried)

That Recommendation 1 be deleted and replaced with:

 

1.  City Council amend Toronto Municipal Code, Chapter 545, Licensing, Article VIII, Owners and Drivers of Taxicabs, to permit the issuance of Standard taxicab owners' licences to qualified purchasers upon the sale or transfer of Standard taxicabs, retroactive to July 1, 2014.

 

2.  The City Solicitor submit to City Council a bill containing all necessary by-law amendments to give effect to recommendation 1.

Vote (Amend Item) Apr-21-2015

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Giorgio Mammoliti, Josh Matlow, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

2 - Motion to Amend Item (Additional) moved by Councillor Giorgio Mammoliti (Carried)

That the Committee thank the owner-operators, fleet owners, ambassador drivers, shift drivers and other industry stakeholders for their hard work over the years and their dedication to the City of Toronto.

Vote (Amend Item (Additional)) Apr-21-2015

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Giorgio Mammoliti, Josh Matlow, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are
Source: Toronto City Clerk at www.toronto.ca/council