Item - 2016.LS10.3

That:

SECTION 1 - STAFF RECOMMENDATIONS TO BE ADOPTED, WITH CERTAIN AMENDMENTS

1.  City Council adopt the following recommendations contained in the report (March 31, 2016) from the Executive Director, Municipal Licensing and Standards, with amendments where indicated:

1. City Council direct that the bylaws governing taxicabs and limousines, and the directions arising from this report, be combined to create a Vehicle-for-Hire bylaw that governs taxicabs, limousines and Private Transportation Companies (PTC), based upon the following recommendations.

7. City Council mandate that any PTC that has more than 500 vehicles affiliated with or registered to provide transportation services be required to provide wheelchair accessible service to the public, in accordance with the following:

a. Accessible PTC services means that wheelchair accessible vehicles are available when requested within wait times that are comparable to non-accessible services and at fares that are the same as basic non-accessible services.

b. "Comparable wait times" means that the time elapsed between the passengers request for service and the arrival of a vehicle at the passenger’s location in response to that request for service is no more than the “average industry wait time” for non-accessible services, as determined annually by the Executive Director, Municipal Licensing and Standards.

c. The PTC will report on accessible service delivery, including information on average wait times of accessible PTC vehicles, in a frequency prescribed and form approved by the Executive Director, Municipal Licensing and Standards.

10. City Council permit Taxicab Brokerages to offer rates:

a.  discounted from City-regulated rates if the passenger books the trip through the Taxicab Brokerage, effective immediately, where:

i. the taximeter can display the applicable rate to be charged for that trip;

ii. the broker has set and posted its rates and/or discounts for taxicabs;

iii. the rate charged does not exceed the maximum fare as calculated by the meter at the City-regulated rates; and

b.   above the City-regulated rate where the taxicab is booked through a Smartphone enabled Application, and require the Taxicab Brokerage to:

i.  clearly and transparently communicate the amount and rate to be charged;

ii.  ensure a record is maintained that the passenger accepted the rate prior to the trip commencing; and

iii. provide a print or electronic receipt to the passenger at the conclusion of every trip. The receipt must include: all rates, fees, and/or surcharges for the trip; total amount paid; date and time of the trip; location at which the passenger was picked up and location to which the passenger was driven; driver name and taxicab number; and total time and distance of trip.

11. City Council not require that Taxicab Brokers pay the taxicab driver the difference between the discounted or flat rate and the City-regulated rate, effective immediately.

29. City Council delete the requirement that owners and drivers of non-accessible taxicabs complete initial and refresher training programs to obtain a licence, effective immediately.

30. City Council delete the requirement that taxicab drivers and owners complete CPR training and First Aid certification as a condition of licensing, effective immediately.

40. City Council delete provisions governing lease agreements between taxicab owners and lessees.

41. City Council delete provisions regarding designated agents and designated custodians.

51. City Council delete the requirement for limousine owners and drivers to complete the initial and refresher training programs as a condition of licensing, effective immediately.

52. City Council delete the requirement for limousine owners and drivers to complete CPR training and obtain First Aid certification as a condition of licensing, effective immediately.

54. City Council establish a new licensing class "Private Transportation Companies" or "PTCs" that regulate:

a. Any person who offers, operates, or facilitates transportation services for compensation using software, an application, or a telecommunications platform (a “Platform”) to communicate with passengers and PTC Drivers;

b. Any person facilitating transportation that satisfies the definition of carpooling pursuant to the Public Vehicles Act will not be a PTC; and

c. In this definition "person" includes multiple persons who, acting together, carry on the business of a PTC, despite the fact that no single one of those persons carries on the activity in its entirety, and such persons shall be subject to § 545-2A, and may be held jointly and severally responsible for each others' actions.

55. Any PTC offering, operating, or facilitating transportation commencing within the City:

a. requires a PTC licence; and

b. may only permit a ride to be booked through a smartphone application.

56. City Council require that, at the time of their application for a PTC Licence, the PTC submit in an electronic format satisfactory to the Executive Director, Municipal Licensing and Standards, information sufficient to describe or demonstrate:

a. the legal relationship between any persons that, acting together, carry on the business of a PTC, if applicable to an applicant;

b. that the PTC will have the ability to meet minimum data security and data provisions to Municipal Licensing and Standards as per the business licence requirements;

c. that the PTC has appropriate agreements, contracts and/or processes in place to screen the criminal and driving histories of drivers providing transportation to passengers through the PTC’s Platform, and to provide such provisions information to Municipal Licensing and Standards per the licence requirements;

d. that the PTC maintains and can produce, as and when required by Municipal Licensing and Standards or law enforcement, all records in accordance with the licence requirements;

e. that the PTC maintains and will provide regular daily or weekly updates to the City the records of drivers that have contracted with it to provide services through the PTC’s Platform;

f. the PTC’s registered business address in the Province of Ontario; and

g. an indemnity in favour of the City of Toronto from and against claims, demands, losses, costs, damages, actions, suits, or proceedings that arise out of or are attributable to the PTC's business and services.

57. City Council require that all PTC licences under the Vehicle-for-Hire bylaw be issued subject to a six-month probationary period. During the probationary period, the Executive Director, Municipal Licensing and Standards, may conduct random audits or investigations to evaluate compliance with the bylaw and suspend or place conditions upon the licence, without a hearing, for up to 14 days at his or her discretion if he or she has reasonable grounds to conclude that the continued operation of the business poses an immediate danger to health or safety of any person or to property.

58. City Council require that a PTC licence be renewed annually. At the time of each renewal, the PTC will be required to provide documentation sufficient to satisfy the Executive Director, Municipal Licensing and Standards that it has and will continue to meet the PTC licence requirements.

59. City Council require that all PTC drivers be required to obtain a licence from the City prior to the PTC driver being made active on the platform.

a.  Direct that the PTC file the PTC Driver records with the City, for review and approval, prior to the PTC Driver being made active on the PTC platform;

b.  Required documentation includes the current documentation required for taxicabs, including:

1. Driver full name
2. Copy of unrestricted G provincial drivers licence
3 .Vehicle registration including licence plate number, make and model of vehicle
4. Criminal background checks
5, Certificate of insurance
6. Vehicle inspection certificate or equivalent
7. Driving record checks
 

c. Documents can be filed electronically;

d. PTC driver documents must be submitted annually for renewal of PTC driver licence; and

e. The City will manage the number of PTC vehicles, as necessary, based on the demand study in Section 4, Recommendation C of this motion.

60. City Council require that a PTC:

a. prior to the collection of any personal information, obtain consent for the collection and potential disclosure of personal information to the City for the purposes permitted by the bylaw from individuals applying or registering as drivers to provide transportation services to passengers within or from the City;

b. maintain records of all Criminal Record checks and Driver's Records checks conducted for or provided by for all drivers permitted by the PTC to provide transportation commencing in the City;

c. maintain records of completion and renewal proving that driver successfully meets Screening Criteria, as mandated by the City;

d. comply with any request for the foregoing information or any request for reports based on the foregoing information that are made by the Executive Director, Municipal Licensing and Standards;

e. provide the information requested in the format prescribed by the Executive Director within 30 days of the request; and

f. be prohibited from imposing a mandatory arbitration clause on individuals accepting or making requests for service commencing in Toronto through the PTC or requiring the law of any jurisdiction other than Ontario the Netherlands to be applied in relation to use of the PTC Platform in Toronto  and, to the extent that clauses contrary to this requirement are included in any PTC agreement with individuals using its services, such clauses are unenforceable.

61. City Council require that a PTC maintain business records that include the following information:

a. For trips involving one passenger commencing or terminating in the City:

i. pick up location and destination (by reference to the intersection);
ii. date/time the trip commenced and terminated; and
iii. length of time elapsing between the passenger’s service request and commencement of the trip.

b. For trips involving more than one passenger/fare commenced or terminating within the City:

i. total number of passengers paying separate fares;
ii. pick up location(s) and destination(s) (by reference to the intersection) for each trip;
iii. date/times the trip commenced and terminated;
iv. length of time that elapsed between the time the passenger(s) requested service and the trip commenced for each passenger;
v. the fare(s) paid for the trip; and
vi. number of trips involving multiple passengers paying separate fares.

c. Where requests made for trips to commence or terminate in the City that were not provided as a result of driver cancellation:

i. Pick-up location and destination (by reference to the intersection); and
ii. date/time the trip was requested.

d. Average bi-directional PTC traffic volumes by roadway link on an hourly basis.

62. City Council require that a PTC maintain and provide driver and vehicle records for all trips commencing in the City, including:

a. driver name;

b. vehicle licence plate number;

c. type of service;

d. total hours/minutes the driver was available to provide transportation services through the Platform for requested time period;

e. data reflecting the following periods:

i. Period 1: time period beginning when a PTC Driver has logged onto a PTC Platform and indicated that they are available to receive or agree to passenger trip requests;
ii. Period 2: time period beginning when a PTC trip is arranged and concluding when a PTC Driver has arrived at a location to pick up a passenger; and
iii. Period 3: time period beginning when a PTC Driver picks up a passenger(s) and concluding when the passenger(s) has arrived at their destination(s).

63. City Council require the PTC to submit to audits of their records as requested by the Executive Director, Municipal Licensing and Standards.

64. City Council require that where information is needed for law enforcement purposes, the PTC must make records available within 24 hours.

65. City Council require the PTC to keep records for a minimum of three years.

66. City Council require PTCs to provide a phone number and e-mail address to which the City may send any communications, including any requests for information required to be provided pursuant to the bylaw and the name of the individual responsible for receiving such communications.

67. City Council require PTCs to create passenger and driver accounts for use by the City for law enforcement purposes, upon request, and prohibit the PTC from obstructing access to those accounts.

68. City Council require a PTC to disclose on its Platform and make available for the public:

a. rates to be charged;

b. the criteria applied by the PTC to drivers and vehicles allowed to operate on or through the Platform;

c. information on the types or categories of services available to passengers through the Platform and the distinctions between these categories or types of service, if any, including whether drivers registered or affiliated with the PTC and providing service in any category are licensed by Municipal Licensing and Standards;

d. a plain-language explanation of their insurance coverage, including detailed information on how to initiate a claim; and

e. advise that personal information collected by the PTC may be disclosed to the City for the purposes of licensing enforcement when the passenger obtains transportation services within or from the City.

69. City Council define a PTC Driver as any person providing transportation to passengers for compensation through a PTC. Persons providing transportation that meets the definition of carpooling under the Public Vehicles Act shall not be defined as PTC Drivers.

71. City Council require that in advance of allowing drivers to use the PTC Platform, the PTC must require that drivers:

a. have met the qualifications for PTC Drivers and have been issued a PTC Driver licence by the City provide a current copy of their Ontario Drivers Licence and vehicle registration;

b. must pass Screening Criteria as prescribed by the Executive Director, Municipal Licensing and Standards, which the PTC must evaluate at least once every 12 months for each driver;

c. provide confirmation that their personal insurance company has been advised that they offer or intend to offer transportation through a PTC;

d. consent to disclosure of all information provided to PTC to the City and/or law enforcement if requested by City or law enforcement for the purpose of auditing compliance with the bylaw, investigating complaints or potential breaches of the bylaw, or general law enforcement purposes;

e. only permit the owner of a vehicle to be offering transportation through the Platform or confirmation that the owner understands that they are legally responsible for any contraventions of the bylaw when their vehicle is being operated to deliver rides through the PTC Platform.

72. City Council prohibit PTC drivers from picking up passengers at cabstands, soliciting rides, and responding to street-hails, and hold both the PTC and PTC Driver/vehicle owner responsible for any contravention of this prohibition.

73. City Council require that upon request of Municipal Standards Officers, PTC Drivers produce:

a. Ontario driver licence;

b.  City-issued PTC licence;

c. proof of applicable insurance; and

d. evidence of a trip in progress or the last completed trip.

76. City Council require a PTC Vehicle owner or driver to submit their vehicle for inspection by a licensed mechanic within 24 hours of being directed by Municipal Licensing and Standards to do so, and prohibit the PTC driver from providing transportation until a mechanic has provided a Safety Standards Certificate confirming that the vehicle is fit to be driven.

77. City Council prohibit PTC Vehicles from having a roof light or any markings that could make the vehicle look like a taxicab or identify it as available for hire.

78. City Council require that a PTC ensure all PTC drivers and vehicles have Automobile Liability Insurance with limits of not less than $2,000,000 inclusive per occurrence for bodily injury, death, and damage to people or property as is required by taxicabs, subject to the following.

a.  Insurance must be in place and provide coverage from and including the point in time that a request for transportation is accepted by a PTC driver and until the PTC driver has completed a trip carrying any passenger(s).

b. The policy shall make provision for third party liability coverage that covers paying passengers in an amount not less than $2,000,000.

c.  ML&S must be provided 30 days prior notice in writing from the insurer of any cancellation, expiration or variation in the amount of the policy;

d.  If the PTC has a policy in place to satisfy these requirements, the PTC must provide a certificate of the policy to Municipal Licensing and Standards. Where the PTC requires PTC Drivers to have individual policies in place to satisfy these requirements, the PTC shall retain on file a certificate of the policy and produce it to Municipal Licensing and Standards or a law enforcement officer upon request; and

e.  Failure to comply with the above insurance requirements will provide the Executive Director of Municipal Licensing and Standards the ability to immediately suspend the PTC licence without a hearing until the insurance policy is compliant.

79. City Council require a PTC to have commercial general liability business insurance coverage of at least $5,000,000:, and inclusive of such requirements as set out below in the body of the report.

a.  Municipal Licensing and Standards must be provided 30 days prior notice in writing from the insurer of any cancellation, expiration or variation in the amount of the policy; and

b.  Failure to comply with the above insurance requirements will provide the Executive Director, Municipal Licensing and Standards the ability to immediately suspend the PTC licence without a hearing until the insurance policy is compliant.

80. City Council permit a PTC to set rates for fares provided that there shall be a minimum fare of not less than $3.25, and require a PTC them to:

a. clearly and transparently communicate the amount of all rates to be charged; and

b. ensure a record is maintained that the passenger accepted the rate prior to the trip commencing.

81. City Council require that before a trip commences, a PTC must provide passengers with the following information:

a. vehicle make and model;

b. PTC Driver first name;

c. PTC Driver's licence plate number; and

d. PTC Driver photo, upon request.

82. City Council require a PTC to provide a print or electronic receipt to the passenger at the conclusion of every trip. The receipt provided must include information on:

a. All rates, fees and/or surcharges charged for the trip;

b. Total amount paid;

c. Date and time of trip;

d. Location at which the passenger was picked up and location to which the passenger was driven;

e. Driver first name and provincial licence plate number; and

f. Total time and distance of trip.

87. City Council delegate to the Executive Director, Municipal Licensing and Standards, the authority to establish policies and guidelines with respect to public safety and to establish thresholds for criminal and background screening, driving record checks, and other standards applicable to the issuance and renewal of all Vehicle-for-Hire licences and to a driver's access to and use of a PTC Platform, referenced as "Screening Criteria" as outlined in Attachment 2 to the report (March 31, 2016) of the Executive Director, Municipal Licensing and Standards.

90. City Council approve amendments to reduce administrative requirements by deleting sections in the bylaw, as described in Attachment 3 to the report (March 31, 2016) of the Executive Director, Municipal Licensing and Standards.

91. City Council direct the City Solicitor to import all relevant general provisions, excluding Appendix K, and including all taxicab and limousine related schedules and articles from the Toronto Municipal Code, Chapter 545, Licensing, to facilitate the creation of the new Vehicle-for-Hire Bylaw, as prescribed, and including amendments as deemed necessary.

92. City Council direct that the City Solicitor may report directly to Council for instructions if, in the course of drafting the bylaw, she determines that there are provisions or issues relating to taxicab, limousine, or PTC licensing on which further instruction is appropriate.

94. City Council amend Chapter 441 by:

a.  eliminating the application fee for Standard Taxicab Owner licence in Attachment 2 to the supplementary report (April 29, 2016) from the Executive Director, Municipal Licensing and Standards; and

b. adopting the balance of the fees in Attachment 2 to the supplementary report (April 29, 2016) from the Executive Director, Municipal Licensing and Standards.

98. City Council approve a net overall increase to Municipal Licensing and Standards divisional complement by 10 FTE comprised of 5 permanent and 5 temporary full-time FTE.

SECTION 2 - COMMITTEE RECOMMENDATIONS TO BE DELETED

1. City Council delete the following Licensing and Standards Committee recommendations:

29. City Council require that all Limousine Owners affiliate with a Limousine Broker.

30. City Council require that all Limousine trips be booked through a Limousine Broker. Limousines are not permitted to solicit rides or respond to street-hails.

41. City Council direct the Executive Director, Municipal Licensing and Standards continue to regulate the taxicab, limousine and private vehicle-for-hire industry by ensuring that all owners and drivers of taxicabs, limousines and private vehicles-for-hire vehicles for hire that provide transportation services in the City require a licence issued by the City.

44. City Council direct that Toronto Municipal Code Chapter 545, Licensing, be amended to require that, in addition to taxicabs, all limousines and PTC Vehicles have a camera system installed.

45. City Council amend the definition of "CAMERA SYSTEM" set out in Toronto Municipal Code, Chapter 545, Licensing, to read as follows:

"A camera system with minimum specifications approved by the Municipal Licensing and Standards Division, capable of recording images of persons in a taxicab, limousine or PTC vehicle, such that access to the images is limited to law enforcement personnel authorized by the Executive Director, the Executive Director, and the vehicle’s registered brokerage, for the purposes of law enforcement, training, or customer service investigations."

47. City Council re-establish the Taxi Advisory Committee.

SECTION 3 - COMMITTEE RECOMMENDATIONS TO BE AMENDED

2. City Council amend the following Licensing and Standards Committee recommendations so that they now read:

5. City Council direct the Executive Director, Municipal Licensing and Standards to report back to the appropriate standing committee in the third quarter of 2016 on a strategy to collect funds from all non-accessible vehicles-for-hire- to provide incentives to increase the number of on-demand, metered accessible taxicabs available to the public as well as creating a working group composed of stakeholders (such as staff in the Equity, Diversity and Human Rights Office) and accessibility experts and advocates to, amongst other issues, develop a funding program and process that will advance inclusive on-demand ground transportation for all users and an Accessibility Strategy which includes access and service standards, car design, training, etc.

17. City Council amend taxicab vehicle requirements by:

a. permitting Ambassador and Standard taxicabs, effective immediately, to:

i. be no more than 7 model years old, but be permitted to be licensed at any time within the 7 model years;

ii. carry a maximum of 7 passengers plus the driver;

b. permitting TTLs, effective immediately, to:

i. be an accessible vehicle no more than 7 model years old, but be permitted to be licensed at any time within the 7 model years; and

ii. carry a maximum of 7 passengers plus the driver.;

c. Permitting limousine sedans, effective immediately, to:

i. be no more than 7 model years old, but be permitted to be licensed at any time within the 7 model years; and
ii. carry a maximum of 7 passengers plus the driver;

d. permitting PTC vehicles to:

i. be no more than 7 model years old, but be permitted at any time within the 7 model years;
ii. carry a maximum of 7 passengers plus the driver; and
iii. be any four-door vehicle,

40. City Council direct that the qualifications for taxicab, limousine and PTC vehicle drivers include a requirement that all drivers licensed by the City of Toronto be 18 years of age or older, hold a valid unrestricted G Class Ontario driver's license, and have at least one year driving history.

46. City Council request the Executive Director, Municipal Licensing and Standards to consider, as part of her report back to the appropriate standing committee on a strategy to collect funds from all non-accessible vehicles-for-hire, a $0.10 levy from each taxicab, limousine and PTC vehicle fare be paid to be applied for the development of an Accessibility Fund to be administered by the Municipal Licensing and Standards Division, with the proceeds from such a Fund to be used to provide a grant to licensed taxicab, limousine or PTC vehicle drivers who wish to purchase a wheelchair accessible vehicle.

SECTION 4 - ADDITIONAL RECOMMENDATIONS

A.  City Council direct that PTC vehicle must display PTC identifier on the back of the vehicle at all times while operating on the Platform, to be in a form approved by the Executive Director, Municipal Licensing and Standards, or designate. 

B.  City Council direct that the maximum fines that may be imposed in respect of offences under the new Vehicle-for-Hire bylaw be increased from $25,000 to $50,000 for individuals (including directors or officers of a corporation) and from $50,000 to $100,000 for corporations.

C. City Council direct the Executive Director, Municipal Licensing and Standards, to procure a consultant to undertake a supply and demand study that assesses and measures the impacts of the volume of PTC vehicles and drivers, as it relates to full-time work in the existing taxicab driver labour market, before and on a regular basis after implementation, in one year and every two years after that. 

D. City Council direct that the current requirement for cameras in taxicabs are maintained and direct the Executive Director, Municipal Licensing and Standards to report back in the second quarter of 2017 on the need for cameras and other safety features required in all for hire vehicles.

E.  City Council require that all taxicab, limousine and PTC Vehicles pass mechanical inspections, as follows:

a.  Require all taxicabs, limousines and PTC vehicles to be inspected at City-run facilities twice per year until an alternate vehicle inspection program is developed;

b.  City-run facility will be at cost recovery;

c.  Develop an alternate vehicle inspection program that allows all vehicles to use Ministry of Transportation Safety Standards Certificates provided by City-approved, pre-qualified inspection facilities; and

d.  Taxicabs, limousines and PTCs to submit to ML&S a Safety Standards Certificate, every 6 months, unless the taxicab, limousine or PTC vehicle has travelled less than 40,000KMs in the previous year, where the vehicle will then be required to obtain a Safety Standards Certificate once per year.

F.  City Council direct the Executive Director, Municipal Licensing and Standard to report back by the third quarter of 2017 on an incentive program to reduce vehicle emissions in the ground transportation industry.

G.  City Council direct the Executive Director, Municipal Licensing and Standards to monitor the impact on revenues and expenditures resulting from Council recommendations on Ground Transportation fees and related activities, report on any variances resulting from these recommendations to their 2016 budget through quarterly variance reports and provide any required budget adjustments for Council's consideration as part of the 2017 Budget process based on actual activity experienced.

H.  City Council direct that City Agencies, Boards and Commissions shall be required to utilize licensed taxicabs to service contracts, when they require vehicle for hire services. ‎
 

I.  City Council direct that all vehicle for hire drivers can be registered to work for one brokerage or communication platform at a time.

J.  City Council direct that Brokerages be permitted to submit driver records on behalf of taxicab drivers. 

K.  City Council permit Taxicab Broker as part of their Taxicab Brokers license to be allowed the management of a taxicab license, and be able to rent it or lease it to a licensed driver on behalf of the owner. The Taxicab brokers can designate an individual who is a signing officer or employee of the said corporation.

L.  City Council permit Taxicab brokers to rent or lease the taxicab license to the taxicab driver on a daily, weekly, or monthly basis.

M.  City Council direct the Executive Director, Municipal Licensing and Standards to report on:

a. the feasibility of lowering the fee for Standard Plate owner renewals by 75%;

b.  the feasibility of establishing a transition fund for taxicab plate owners who investments have been negatively impacted by new market entrants; and

c.   the outcome of a study that assesses and measures the impacts of the volume of PTC vehicles and drivers.

Amended by motions 4a, 10 and 13 by Councillors Ainslie, Cho and Mammoliti respectively.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 1a, Section 1 Part 1-1 by Mayor Tory.

That City Council adopt the following recommendation contained in the supplementary report (April 29, 2016) from the City Solicitor [LS10.3a]:

1.  Confidential Attachment 1 remain confidential as it contains advice that is subject to solicitor-client privilege.

That the item be received for information.

That City Council delete Licensing and Standards Committee Recommendations 8 to 13:

Recommendations to be deleted

8.  City Council delete the required minimum owner-operator hours for Ambassador taxicab, Toronto Taxicab, and Wheelchair Accessible taxicab owners.

9.  City Council delete the requirement that a Toronto Taxicab Licence be issued upon the sale of a Standard or Ambassador taxicab.

10.  City Council direct that all Ambassador taxicabs be deemed to be Standard Taxicabs, effective immediately.

11.  City Council direct that when a Standard taxicab vehicle is sold, the new purchaser may be issued a Standard taxicab licence, subject to meeting the requirements of a qualified purchaser.

12.  City Council remove restrictions that prohibit a person from owning more than one taxicab.

13.  City Council remove the provisions that restricts taxicab owners from incorporating.

so that the 2014 taxicab reforms are maintained.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 3 by Councillor Mihevc.

City Council amend motion 1a by Mayor Tory by adding the following to Section 4, Part M:

d.  the praticality of all rules and regulations, such review to include a rigorous performance measure system to be completed in the next 24 months.

So that motion 1a part M by Mayor Tory now reads:

M. City Council direct the Executive Director, Municipal Licensing and Standards to report on:

a. the feasibility of lowering the fee for Standard Plate owner renewals by 75%;

b. the feasibility of establishing a transition fund for taxicab plate owners who investments have been negatively impacted by new market entrants; and

c. the outcome of a study that assesses and measures the impacts of the volume of PTC vehicles and drivers; and

d. the practicality of all rules and regulations, such review to include a rigorous performance measure system to be completed in the next 24 months.

City Council direct the City Manager to use the new regulatory framework to begin a conversation with the provincal government, other municipalities and planning authorities to develop a more integrated approach to transit and transportation policy.

That City Council require that Taxicab Brokers pay the taxicab driver the difference between the discounted or flat rate and the City-regulated rate, effective immediately.

City Council amend Liscensing and Standards Committee Recommendation 42 by adding the words "or all weather" so that it now reads:

42.  City Council require that every vehicle used as a taxicab, limousine or private vehicle-for-hire be equipped with four snow tires or all-weather tires, every year from December 1st to April 30th.

That City Council amend motion 1a by Mayor Tory by adding the following new c to Section 1, Part 80:

c.   advertise rates and prohibit PTCs from charging above the PTC advertised rates for PTC vehicles

so that Part 80 now reads as follows:

80. City Council permit a PTC to set rates for fares provided that there shall be a minimum fare of not less than $3.25, and require a PTC them to:

a. clearly and transparently communicate the amount of all rates to be charged;

b. ensure a record is maintained that the passenger accepted the rate prior to the trip commencing; and

c. advertise rates and prohibit PTCs from charging above the PTC advertised rates for PTC vehicles.

That City Council request the Province of Ontario to regulate Private Transportation Companies.

That City Council require that no vehicle covered by the Vehicle-for-hire bylaw be permitted to engage in surge pricing

That City Council amend motion 1a by Mayor Tory  by deleting the word "second" and inserting the word "first" in section 4, recommendation D so that it now reads:

D. City Council direct that the current requirement for cameras in taxicabs are maintained and direct the Executive Director, Municipal Licensing and Standards to report back in the first quarter of 2017 on the need for cameras and other safety features required in all for hire vehicles.

That City Council adopt the following recommendation contained in the report (March 31, 2016) from the Executive Director, Municipal Licensing and Standards:

4. City Council accelerate the number of accessible taxicabs available for on-demand metered service to 25% of the taxicab fleet by 2021 by authorizing the issuance of up to 200 incremental TTLs to drivers on the waiting list for each of the next five years, effective immediately.

That City Council amend motion 1a by Mayor Tory by adding the following to Section 1, Recommendation 59(b):

8. Evidence of completion of applicable training program

9. Copy of HST Registration

so that it now now reads:

b. Required documentation includes the current documentation required for taxicabs, including:

1. Driver full name
2. Copy of unrestricted G provincial drivers licence
3. Vehicle registration including licence plate number, make and model of vehicle
4. Criminal background checks
5. Certificate of insurance
6. Vehicle inspection certificate or equivalent
7. Driving record checks

8. Evidence of completion of applicable training program

9. Copy of HST Registration

That City Council direct that all criminal record checks be submitted directly to the Toronto Police Service by taxicab and PTC drivers, and City Council direct that criminal record checks cannot be conducted through a third party contractor.

That City Council require that all documents filed by PTC drivers be submitted in the same form and process as taxicab drivers.

That City Council require that all licensing fees for PTC drivers be the same as taxicab drivers.

That City Council direct that all vehicles-for-hire charge the current regulated taxi rates.

That City Council direct the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee in one year on the effectiveness of Council's decision on this Item.

That City Council amend motion 1a by Mayor Tory by adding the words "and direct the Executive Director, Municipal Licensing and Standards to report back on Parts a and b above by September 2016" to Section 4, Part M so that it now reads as follows:

M. City Council direct the Executive Director, Municipal Licensing and Standards to report on:

a. the feasibility of lowering the fee for Standard Plate owner renewals by 75 percent;

b. the feasibility of establishing a transition fund for taxicab plate owners who investments have been negatively impacted by new market entrants; and

c. the outcome of a study that assesses and measures the impacts of the volume of PTC vehicles and drivers;

and direct the Executive Director, Municipal Licensing and Standards to report back on Parts a and b above by September 2016.

May 3, 2016 at 3:44 p.m. - Councillor Perks proposed that Council recess the meeting to permit Members of Council to study Mayor Tory's motion 1a.

Councillor Holyday, rising on a Point of Order, stated that he has closed session questions as well as public questions of the City Solicitor and asked the Speaker to advise when Council would meet in closed session on the Item.

Councillor Perruzza, rising on a Point of Privilege, stated that the five minute recess to review motion 1a by the Mayor was not enough time to review such a comprehensive motion and to allow only five minutes for review is unfair to Members of Council.

Councillor Mammoliti, rising on a Point of Privilege, stated that some Members knew something about the Mayor's motion prior to the Mayor placing the motion.  Councillor Mammoliti further stated that the Members probably met illegally.

Councillor Augimeri, rising on a Point of Privilege, stated that she objects to Councillor Mammoliti's remarks that she had met illegally on this matter.

Councillor Mammoliti, rising on a Point of Privilege, stated that he has the names of the Members who had meet illegally, he believed, this past weekend.

Councillor Augimeri, rising on a Point of Privilege, stated that she did not meet with anyone on this matter.

Councillor Augimeri, rising on a Point of Privilege, stated that the Speaker was not defending Councillor Davis from Councillor Mammoliti's personal attacks.

Councillor Davis, rising on a Point of Privilege, stated that she would like the Speaker to reign in Councillor Mammoliti and that he should stop saying "Davis deal" in his remarks.

Councillor Carroll, rising on a Point of Order, stated that she would like the Speaker to rule so that is clear to the public that provided no quorum is present, the Mayor, Mayor's staff and any City Councillor are allowed to meet to develop consensus on a matter.

Councillor Mammoliti, rising on a Point of Order, stated that he would like a ruling on the meetings raised by Councillor Carroll, and further stated that the City Clerk has broken up meetings of two or three Councillors meeting in the hallways.

Councillor Perruzza, rising on a Point of Privilege, stated that if Councillor Mammoliti had information about meetings over the weekend he should be making that public.

Councillor Mammoliti, rising on a Point of Privilege, stated that he has been trying to do just that during his time to speak on the Item but keeps getting interrupted.

Councillor Perks, rising on a Point of Order, stated that according to the Council Procedures, the Speaker has called the Member to order twice and the Speaker is now in a position to remove the Member and asked the Speaker to rule.

Councillor Karygiannis, rising on a Point of Privilege, stated that the Speaker can't force Members to speak or not speak on a matter and can't cut off the Speakers list.

That speakers who have not pre-registered be allowed to register to speak until 10:30 a.m. on April 14, 2016, after which no further registration is allowed and the speakers list will be closed.

That the length of public presentations be limited to 3 minutes.

That questions to staff from Members of Council (including Committee Members) take place after the public deputations, be 5 minutes in total, with one round of questions per Councillor.

That questions of speakers by Members of Council (including Members of the Licensing and Standards Committee) be limited to 3 minutes, with one round of questions per Councillor.

That speaking times for all Members of Council be 5 minutes, with one round of speaking per Councillor.

That Motion 5 by Councillor Palacio be amended by replacing, "one round" with "three rounds",  and  replacing "in total" with per round", so that the motion reads as follows:

"That questions to staff from Members of Council (including Committee Members) take place after the public deputations, be 5 minutes per round, with three rounds of questions per Councillor."

That Motion 6 by Councillor Palacio be amended by replacing "5" with "10", so that the Motion now reads:

"That speaking times for all Members of Council be 10 minutes, with one round of speaking per Councillor."

That the Commitee reconsider the item as it relates to Motions 4 and 5 by Councillor Palacio, as amended.

That:

1.  Motion 4 by Councillor Palacio, as amended, be further amended to read: 

"4. That questions to staff from Members of Council (including Members of the Committee) take placee after the public deputations, be three minutes, with one round of questions per Councillor."

2.  Motion 5 by Councillor Palacio, as amended, be further amended to read:

"5. That speaking times for all Members of Council be five minutes, with one round of speaking per Councillor."

That Recommendation 9 in the report (March 31, from the Executive Director, Municipal Licensing and Standards be amended to read:

"9. City Council direct the Executive Director, Municipal Licensing and Standards to report back to the appropriate standing committee on a strategy to collect funds from all non-accessible vehicles-for-hire- to provide incentives to increase the number of on-demand, metered accessible taxicabs available to the public as well as creating a working group composed of stakeholders (such as staff in the Equity, Diversity and Human Rights Office) and accessibility experts and advocates to, amongst other issues, develop a funding program and process that will advance inclusive on-demand ground transportation for all users."

That City Council direct that the qualifications for taxicab, limousine and PTC vehicle drivers include a requirement that all drivers licensed by the City of Toronto be 21 years of age or older, hold a valid Ontario driver's license, and have at least one year driving history.

That City Council direct that all taxicabs and ride share vehicles be painted the same colour and direct the Executive Director, Municipal Licensing and Standards to select a series of colour options, conduct a public vote and select the final colour in accordance with the results; and that Recommendation 77 in the report (March 31, 2016) from the Executive Director, Municipal Licensing and Standards, be amended accordingly.

That the Recommendations in the report (March 31, 2016) from the Executive Director, Municipal Licensing and Standards be adopted with the following exceptions: 1, 4, 7, 10, 11, 23a, 25, 26, 29, 30, 31, 40, 41, 42, 43, 44, 47, 48, 49, 51 to 82, 87, 88, 90 to 96, and 98.

Councillor DeBaeremaeker requested a separate vote on Recommendations 14-19 in the staff report, which carried.

That:

1.  The City continue to regulate the taxicab, limousine and private vehicle-for-hire industry by ensuring that all owners and drivers of taxicabs, limousines and private vehicles-for-hire vehicles for hire that provide transportation services in the City require a licence issued by the City.

That:

1.  The issuance free for a taxicab owners', limousine owners' and private vehicle-for-hire owners' licence be fixed at $700.00 and the renewal fee at $350.00.

2.  The City determine the appropriate number of new taxicab, limousine and PTC vehicle-for-hire licences to be issued annually for hte next five years to ensure that all citizens receive access to safe, affordable and improved door-to-door service.

3.  The City deem surge pricing to be an illegal activity in the taxicab, limousine and private vehicle-for-hire transportation industry.

4. With respect to private vehicles-for-hire, only vehicle owners may provide transportation to passengers.

1.  That Recommendation 23(a) in the report (March 31, 2016) from the Executive Director Municipal Licensing and Standards be amended to read:

"… a.  Be any four-door vehicle"

2.  That Recommendation 60f in the report (March 31, 2016) from the Executive Director, Municipal Standards and Licensing, be amended to read:
 
 "f. be prohibited from imposing a mandatory arbitration clause on individuals accepting or making requests for service commencing in Toronto through the PTC or requiring the law of any jurisdiction other than Ontario be applied in relation to use of the PTC Platform in Toronto."
 
3. That Recommendation 71 in the report (March 31, 2016) from the Executive Director, Municipal Standards and Licensing, be amended to read:

“71. City Council require that in advance of allowing drivers to use a PTC Platform,
the drivers must provide the following to Municipal Licensing & Standards Division…”

4.  That Recommendation 71 in the report (March 31, 2016) from the Executive Director, Municipal Standards and Licensing, be amended by adding a requirement that PTC drivers provide a criminal record check to the Executive Director, Municipal Licensing and Standards.

 
5.  That Recommendation 71c in the report (March 31, 2016) from the Executive Director, Municipal Standards and Licensing, be amended to read:
 
“…c. Provide directly to the Municipal Licensing & Standards Division proof of commercial insurance collision and passenger hazard insurance”
 
6.  That Recommendation 75 in the report (March 31, 2016) from the Executive Director, Municipal Standards and Licensing, be amended to read:

 
“a) City Council require all PTC vehicles to attend initial and semi-annual mechanical and fitness inspections at the City Inspection centre, and attend all other inspections as necessary.
 
 7.  That Recommendation 78 in the report (March 31, 2016) from the Executive Director, Municipal Standards and Licensing, be amended to read:

“78. City Council require that all PTC drivers and vehicles have Commercial Automobile Liability Insurance with limits of not less than $2,000,000 inclusive per
occurrence for bodily injury, death, and damage to property, and inclusive of such requirements as set out below in the body of the report.”
 
8. That Recommendation 94 of the report (March 31, 2016) from the Executive Director, Municipal Licensing and Standards be amended to read:

"94. City Council amend Chapter 441 by adding a new Vehicle-for-Hire Drivers licensing class:
 
 a. Application fee: $500
 
 b. Annual Renewal fee: $300”

9.  That Recommendations 1-3, 5-25, 27-30, 32-52. 54-59, 60 as amended, 61-70, 71 as amended, 72-74, 75 as amended, 77, 78 as amended, 79-87, 89-93, 94 as amended, 95-103 be adopted,
 

That every vehicle used as a taxicab, limousine or private vehicle-for-hire shall be equipped with four snow tires every year from December 1st to March 15th.

That City Council require that all taxicab, limousine and private vehicle for hire drivers be able to communicate in English.

That Toronto Municipal Code Chapter 545 be amended to require that, in addition to taxicabs, all  limousines and PTC Vehicles have a camera system installed. 

That the definition of "CAMERA SYSTEM" set out in Chapter 545 be amended to read as follows:
 
 "A camera system with minimum specifications approved by the Municipal Licensing and Standards Division, capable of recording images of persons in a taxicab, limousine or PTC vehicle, such that access to the images is limited to law enforcement personnel authorized by the Executive Director, the Executive Director, and the vehicle’s registered brokerage, for the purposes of law enforcement, training, or customer service investigations.

That City Council direct that a $0.10 levy from each taxicab, limousine and PTC vehicle fare be paid to be applied for the development of an Accessibility Fund to be administered by the Municipal Licensing and Standards Division, with the proceeds from such a Fund to be used to provide a grant to licensed taxicab, limousine or PTC vehicle drivers who wish to purhase a wheelchair accessible vehicle.

That City Council require that:

(a)  any owner of a taxicab, limousine, or private vehicle for hire providing transportation to passengers be licensed under the Vehicle for Hire By-law, and

(b) the driver of  any taxicab, limousine, or private vehicle for hire providing transportation to passengers be licensed under the Vehicle for Hire By-law

That City Council re-establish the Taxi Advisory Committee.

That Motion 16 by Councillor Di Giorgio be withdrawn.

That Motion 17 by Councillor Karygiannis be withdrawn.