Item - 2019.GL6.31

Tracking Status

GL6.31 - Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 16, 17 and 18, 2019, adopted the following:

 

1.  City Council amend the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, as follows:

 

Accessibility Fund Program

 

1.  Add a provision to create an Accessibility Fund Program that is:

 

a.  funded through regulatory charges on members of the vehicle-for-hire and private transportation company industries that do not provide City-licensed wheelchair accessible service; and

 

b.  disbursed based on service standards and eligibility criteria to City-licensed wheelchair accessible drivers and owners that are not under contract with the Toronto Transit Commission's Wheel-Trans specialized transit service.

 

2.  Add a provision to allow the Executive Director, Municipal Licensing and Standards or designate to establish the funding formulas for the disbursement of funds, the service standards, and the eligibility criteria for the Accessibility Fund Program.

 

3.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the service standards and the eligibility criteria.

 

4. Add a provision to state that accessible vehicle-for-hire drivers must meet the following minimum eligibility requirements for the Accessibility Fund Program:

 

a.  licensed under this chapter;

 

b.  current and valid training endorsement for accessible service; and

 

c.  declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met.

 

5.  Add a provision to state that accessible vehicle-for-hire owners must meet the following minimum eligibility requirements for the Accessibility Fund Program:

 

a.  licensed under this chapter;

 

b.  vehicle is compliant with the Canadian Standards Association standard for wheelchair accessible vehicles; and

 

c.  declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met.

 

6.  Add a provision to state that, to be eligible for the Accessibility Fund Program, licensed vehicle-for-hire drivers and owners must provide the following information as part of the application process:

 

a.  business licence number under this chapter;

 

b.  full name;

 

c.  mailing address;

 

d.  contact information such as phone number and e-mail address; and

 

e.  any other information as requested by the Executive Director, Municipal Licensing and Standards.

 

7.  Add a provision that the Executive Director, Municipal Licensing and Standards may refuse or cancel funding if the accessible owner or driver does not meet the eligibility criteria or service standards as set out by the Executive Director, Municipal Licensing and Standards, if the funding was granted due to an administrative or technical error, or if the accessible owner or driver has not provided complete or accurate data or information.

 

8.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall provide the accessible owner or driver with written notice that consideration is being given to the refusal or cancellation of their funding application and providing the accessible owner or driver with an opportunity to respond in writing to this notice within 10 days of being notified. Municipal Licensing and Standards will then provide the accessible owner or driver with written notice of its final decision. If an accessible owner or driver's eligibility has been refused or cancelled because the owner or driver was not properly eligible or provided incomplete or inaccurate information, the accessible owner or driver will not be eligible for the Accessibility Fund Program for two years.

 

9.  Add a provision that the Executive Director, Municipal Licensing and Standards may recover any funds disbursed in error or if the funds were disbursed based on incomplete or inaccurate information provided by the applicant.

 

10.  Add a provision that requires, as conditions for licence renewal, that the Accessibility Fund Program regulatory charge be paid and that funds disbursed from the Accessibility Fund Program based on incomplete or inaccurate information provided by a funding applicant be repaid.

 

11.  Add a provision to state that the Executive Director, Municipal Licensing and Standards has the authority to, at any time, recalibrate the funding formulas or prohibit the disbursement of funds to applicants based on the availability of funding.

 

12.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall collect regulatory charges associated with the Accessibility Fund Program at the same time as licensing fees are collected.

 

Administration, Audit Powers, and Revocation Process of Training Programs

 

13. Add a provision to require existing private transportation company and vehicle-for-hire driver licence holders to provide proof of the successful completion of a mandatory training program, that is approved by the Executive Director, Municipal Licensing and Standards, by the fourth quarter of 2020; the Executive Director, Municipal Licensing and Standards should give consideration to a grandfathering program for taxi and limousine owners and drivers for members, if they were licensed as a vehicle for hire driver (or previously as a taxi or limousine driver) as of May 30, 2016 and have completed a taxi or limousine training course satisfactory to the Executive Director.

 

14.  Add a provision to allow the Executive Director, Municipal Licensing and Standards to establish the mandatory components and criteria for the accreditation of training programs for all drivers licensed under this chapter.

 

15.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the mandatory components of training programs, criteria to accredit training programs, and a list of approved training programs.

 

16.  Add a provision that each applicant for the certification of a training program shall provide, at minimum, the following information to the Executive Director, Municipal Licensing and Standards:

 

a.  full name of individual or business;

 

b.  mailing address;

 

c.  contact information, including phone number and e-mail address;


d.  the syllabus of the proposed training content; and

 

e.  any other information as requested by the Executive Director, Municipal Licensing and Standards.

 

17. Add a provision to require private transportation company and vehicle-for-hire drivers to successfully complete a third-party training program, including a final evaluation test, that satisfactorily meets the criteria established by, and is approved by, the Executive Director, Municipal Licensing and Standards; the Executive Director, Municipal Licensing and Standards should give consideration to programs with an in car and/or class component, a defensive driving training component and accessibility, diversity and sensitivity training.

 

18.  Add a provision that the Executive Director, Municipal Licensing and Standards has the authority to audit approved training programs and request information related to the audit, as required.

 

19.  Add a provision that, pursuant to the audit and investigation process, the Executive Director, Municipal Licensing and Standards has the authority to revoke the accreditation of training programs if:

 

a.  Municipal Licensing and Standards has reasonable grounds to believe that the training program no longer meets the requirements for inclusion on the approved list, in accordance with the mandatory components established by the Executive Director, Municipal Licensing and Standards;

 

b.  Municipal Licensing and Standards has reasonable grounds to believe that the training program is not being delivered or its officers, directors, or employees have not acted in accordance with the intent of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or if incomplete or inaccurate information has been provided; or

 

c.  Municipal Licensing and Standards has reasonable grounds to believe that the conduct of the training program or its officers, directors, or employees has resulted, or will result, in a breach of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or any other law.

 

20.  Add a provision that vehicle-for-hire or private transportation company drivers who obtained a licence on the basis of their membership in a training program that is then removed from the City’s approved list must provide proof of the successful completion of another approved training program at their licence renewal, if required by the Executive Director, Municipal Licensing and Standards.

 

21.  Add a provision that vehicle-for-hire or private transportation company drivers who do not submit proof of the successful completion of another approved training program at their licence renewal will be deemed to no longer meet the licensing requirements under the By-law and the licence renewal application will be incomplete until proof of training is submitted.

 

22.  Add a provision to allow those Vehicles-for-Hire operating as Taxicabs to be permitted to be registered under the operator or driver’s name.

 

Audit and Investigative Authority of Municipal Licensing and Standards

 

23.  Add a provision to allow for Municipal Licensing and Standards to require private transportation companies, limousine brokers, and taxicab brokers to provide records to Municipal Licensing and Standards for the purposes of investigating compliance with this chapter and for researching and undertaking accessibility reviews, transportation planning, and environmental policies or initiatives relevant to the vehicle-for-hire industry and require that records must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licencing and Standards.

 

24.  Add a provision to require that taxicab, limousine, and private transportation company records requested by a police officer shall be provided directly to the police officer within 24 hours and records requested by Municipal Licensing and Standards shall be provided within 30 days of the receipt of the request or within 24 hours, if required by the Executive Director, Municipal Licensing and Standards.

 

25.  Add a provision that any licence holder under the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, is guilty of an offence if they provide incomplete or inaccurate information or business records to a police officer or Municipal Licensing and Standards.

 

Cameras

 

26.  Delete the definition of camera.

 

27.  Authorize the Executive Director, Municipal Licensing and Standards to establish criteria for and prohibit the use of cameras in licensed vehicles.

 

Collision Reporting

 

28.  Add a provision to state that private transportation companies and limousine and taxicab brokers shall record and provide collision incident information (including type of vehicle, date and time of incident, and location of incident to the nearest intersection) at a frequency that meets the satisfaction of the Executive Director, Municipal Licensing and Standards.

 

Inspection Powers

 

29.  Amend the inspection powers of Municipal Licensing and Standards to confirm that they extend to vehicles-for-hire.

 

Limousine Owners

 

30.  Add a provision that limousine owner licensing fees are waived for accessible limousine owners.

 

31.  Add a provision that accessible service must be provided through vehicles that are in compliance with the standard for accessible vehicles outlined in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire.

 

32.  Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a limousine, then the limousine owner shall ensure that notice stating that passengers are being or may be recorded is provided through notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards.

 

33.  Add a provision that requires limousines to have "Watch for Bike" notices affixed to the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards.

 

34.  Remove the requirement for limousine owners to enter into service agreements to permit them to dispatch their own limousine and/or accept service requests. A limousine owner who dispatches his or her own limousine will not be considered a limousine broker.

  

Limousine Brokers

 

35.  Amend the requirements for data recorded in dispatch records to also require the following information in relation to transportation commencing or terminating in Toronto:

 

a.  pick up location and the destination (by reference to the nearest intersection);

 

b.  dates and times (by reference to the nearest minute) the trip started and terminated;

 

c.  length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip;

 

d.  type of service provided such as request for accessible service;

 

e.  trip status such as completed, driver cancelled, or passenger cancelled;

 

f.  if a trip is cancelled, then the reason for cancellation; and

 

g.  the assigned driver's licence number and unique identification number used by the brokerage (if any).

 

36.  Add a provision that data recorded in dispatch records must be produced within 30 days and in a format that is satisfactory to the Executive Director, Municipal Licencing and Standards and that a limousine broker is required to maintain the records for a minimum of three years.

 

37.  Add a provision to require all limousine brokers to also submit data that includes: the date, time, location of pick up and drop off, wait time, and occupancy of each trip; cancellation data including the time the trip was requested, time it was cancelled, and reason for cancellation; and aggregate data on the volume of trips at the street level for particular dates, time periods, and locations, when requested by the City; this data and other data required to be provided by private transportation companies, taxicab brokers, and limousine brokers shall be used by the City to facilitate transportation planning studies, including the assessment of congestion and location impacts.

 

Private Transportation Companies

 

38.  Add a provision that requires private transportation companies to impose a mandatory training program on all drivers affiliated with the private transportation company. The training program must satisfactorily meet the criteria established by the Executive Director, Municipal Licensing and Standards or their designate.

 

39.  Add a provision that states that all private transportation company drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device when the private transportation company driver is available on the private transportation company software application.

 

40.  Add a provision to state and confirm that drivers who provide accessible service for private transportation companies must be licensed under this chapter and meet all conditions of licensing, including the successful completion of an accessible training program.

 

41.  Add a provision that requires every private transportation company driver to be civil and well-behaved.

 

42.  Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a private transportation company vehicle, then the private transportation company and private transportation company driver shall ensure that notice stating that passengers are being or may be recorded is provided through:

 

a.  the software application prior to the passenger accepting the request; and/or


b.  a notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards.

 

43.  Authorize the Executive Director, Municipal Licensing and Standards to sign the Data Sharing Agreement and Indemnification Agreement for private transportation companies on behalf of the City of Toronto.

 

44.  Add a provision that requires private transportation companies and private transportation company drivers to notify passengers to look for cyclists before exiting a vehicle through:


a.  the software application by sending push notifications at a frequency that is satisfactory to the Executive Director, Municipal Licensing and Standards; and


b. "Watch for Bike" notices in the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards.

 

45.  Amend the private transportation company driver requirements so that the private transportation company, when submitting an application for the issuance or renewal of a private transportation company driver's licence on a behalf of an individual, shall also be required to submit information on the fuel type of the vehicle that will be driven by that individual when licensed as a private transportation company driver.

 

46.  Add a provision prohibiting a private transportation company from allowing vehicles that have the same colour scheme that is already in use by a taxicab brokerage and prohibit a private transportation company driver from using such vehicle.

 

47.  Amend the private transportation company record keeping requirements to ensure all information on time or length of trip is measured by reference to the nearest minute and by adding requirements that private transportation companies keep records of:

 

a.  the starting and ending times for each period that a private transportation company driver was available to provide transportation services through the platform, en route to pick up a passenger after accepting a request, and delivering transportation service to a passenger;

 

b.  wait time of passengers, in accordance with Period 2 in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire;

 

c.  number of cancelled/rejected trips;


d.  reason for cancelled/rejected trips;

 

e.  volume of private transportation company vehicles available to provide service on the private transportation company platform in any particular hour and with reference to a particular geographic area within which the private transportation company vehicle was available or provided service;

 

f.  pick up and drop-off data for every trip, measured to the nearest 10 metres;

 

g.  aggregate number of vehicles that have completed a trip by hour; and

 

h.  anonymized trip and passenger identification that meets the satisfaction of the Executive Director, Municipal Licensing and Standards.

 

48.  Add a provision to require all private transportation companies to also submit data that includes: the date, time, location of pick up and drop off, wait time, and occupancy of each trip; cancellation data including the time the trip was requested, time it was cancelled, and reason for cancellation; and aggregate data on the volume of trips at the street level for particular dates, time periods, and locations, when requested by the City; this data and other data required to be provided by private transportation companies, taxicab brokers, and limousine brokers shall be used by the City to facilitate transportation planning studies, including the assessment of congestion and location impacts.

 

49.  Amend the private transportation company driver requirements:

 

a.  remove the minimum requirement of 18 years of age;

 

b.  increase the year of driving history from one year to three years for new applicants and grandfather existing private transportation company driver's licence holders;

 

c.  require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and

 

d.  require existing private transportation company driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020.

 

50.  Amend the accessible requirements of private transportation companies to confirm that accessible service must be provided through vehicles that are in compliance with the Canadian Standards Association standard for wheelchair accessible vehicles.

 

Taxicab Bill of Rights

 

51.  Amend the Taxicab Bill of Rights to include a section that states that taxicab drivers cannot refuse service to an individual with a mobility or non-mobility disability, where service can be accommodated, and cannot refuse service to an individual being accompanied by a service animal by reason only of the presence of a service animal.

 

Snow Tires

 

52.  Rename snow tires to winter tires and add a definition of winter tires to mean a tire that is marked with the pictograph of a peaked mountain with a snowflake, as they have met specific snow traction performance requirements and have been designed specifically for use in severe snow conditions as noted by Transport Canada. 

 

Taxicab Broker

 

53.  Add a provision that any records brokerages are required to collect must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licensing and Standards and that a taxicab broker is required to maintain all such records for a minimum of three years.

 

54.  Amend the requirements for trip record data to be kept by taxicab brokers to require the collection of the following information:

 

a.  pick up location and the destination (by reference to the nearest intersection);

 

b.  dates and times (by reference to the nearest minute) that each trip started and terminated;

 

c.  length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip;

 

d.  type of service provided such as request for accessible service;

 

e.  trip status such as completed, driver cancelled, or passenger cancelled;

 

f.  if a trip is cancelled, then the reason for cancellation; and

 

g.  the licence number for each taxicab affiliated with the brokerage that provided the trip.

 

55.  Amend the requirements for brokerages to maintain records to require the collection of the following information:


a.  the vehicle-for-hire driver's licence number, unique identification number used by the brokerage (if any) for each vehicle-for-hire driver, and the driver's first and last name for each driver affiliated with the brokerage; and


b.  the termination date, the driver's first and last name, the licence number, and the termination letter when a driver is no longer affiliated with the brokerage.

 

56.  Add a provision requiring the collection of accessible taxicab trip data for the purposes of the administration of the Accessibility Fund Program to include:

 

a.  plate number, licence number, start date, start time, end date, and end time for each taxicab trip;

 

b.  type of point-of-sale terminal in each taxicab, including whether or not it allows for cordless payment; and


c.  driver's first and last name and licence number for each taxicab trip.

 

57.  Add a provision to require all taxicab brokers to also submit data that includes: the date, time, location of pick up and drop off, wait time, and occupancy of each trip; cancellation data including the time the trip was requested, time it was cancelled, and reason for cancellation; and aggregate data on the volume of trips at the street level for particular dates, time periods, and locations, when requested by the City; this data and other data required to be provided by private transportation companies, taxicab brokers, and limousine brokers shall be used by the City to facilitate transportation planning studies, including the assessment of congestion and location impacts.

 

Taxicab Owners

 

58.  Remove the provisions regarding designated agents in order to clarify the role of a taxicab operator and ensure that the only individuals permitted to manage taxicabs on behalf of taxicab owners will be licensed as taxicab operators.

 

59.  Amend the section on required equipment and markings for taxicabs to authorize the Executive Director, Municipal Licensing and Standards to approve the manner and location of "Watch for Bike" notices.

 

Taxicab Rates and Fares

 

60.  Remove "on request" from the section on flat fares and airport fares and require drivers/owners to offer the flat rate to the airport.

 

61.  Add a provision to prohibit vehicle-for-hire drivers, taxicab owners, and brokers from setting rates higher than the tariff (metered rate) for accessible service requests.

 

Toronto Licensing Tribunal

 

62.  Amend the powers of the Toronto Licensing Tribunal to confirm that it has the power to refuse to issue a licence, as outlined in its mandate.

 

Vehicle-for-Hire Driver

 

63.  Add a provision that states that all drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device while operating their vehicle.

 

64.  Add a provision that all vehicle-for-hire drivers shall carry and, upon request, produce satisfactory government-issued identification to Municipal Licensing and Standards.

 

65.  Remove the section which prohibits a vehicle-for-hire driver from parking on any highway except at a location designated and marked as a taxicab stand by an authorized sign, as this is covered under the City of Toronto Municipal Code Chapter 950, Traffic and Parking.

 

66.  Remove the word "first" from the restrictions on taxicabs refusing services in order to confirm that short-fare refusals are not permitted for any prospective passengers.

 

67.  Amend the vehicle-for-hire driver requirements:

 

a.  remove the minimum requirement of 18 years of age;

 

b.  increase the year of driving history from one year to three years for new applicants and grandfather existing vehicle-for-hire driver's licence holders;

 

c.  require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and

 

d.  require existing vehicle-for-hire driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020.

 

68.  Amend the section on civility and oversight of taxicabs and limousines to remove the requirements to be properly dressed, neat and clean in person, and maintain that drivers shall be civil and well-behaved.

 

69.  Amend the data required to be kept in an operator log to include break start date and time, break end date and time, and taxicab type such as non-accessible or accessible.

 

Vehicle Requirements and Inspections

 

70.  Remove the definitions for alternative fuel vehicle, combined fuel consumption rating, exhaust emissions, full useful life emission bin, hybrid vehicle, and low-emission vehicle.

 

71.  Amend the section on replacement vehicles to remove the requirement for replacement taxicab vehicles to be either accessible or alternative fuel, hybrid, or low-emission vehicles.

72.  Amend the section on mechanical inspections to require that all vehicles-for-hire are inspected prior to delivering for-hire service with a new vehicle and, thereafter, once every 12 months.

 

Environmental

 

73.  City Council endorse the goal that by 2050, 100 per cent of vehicles-for-hire will use low-carbon energy. This confirms TransformTO's goal that all vehicles, including vehicles-for-hire, will use low-carbon energy.
 

74.  City Council direct the Executive Director, Municipal Licensing and Standards to report back by the fourth quarter of 2020 on an emissions reduction incentive program and low-emission standards and targets for the entire vehicle-for-hire industry, in keeping with the Transform TO Climate Action Strategy transportation goals, including consideration of the adoption of Natural Resources Canada's Combined Fuel Consumption Ratings, and to consult with the Environment and Energy Division, Toronto Atmospheric Fund and relevant stakeholders.

 

Status Updates

 

2.  City Council direct the Executive Director, Municipal Licensing and Standards to review and provide a status update on the vehicle-for-hire Accessibility Fund Program and work completed to create an environmental incentive program two years after the enactment of this By-law.

 

3.  City Council request the Executive Director, Municipal Licensing and Standards to report back by the third quarter of 2020 on the findings of the safety data collected by the City or provided by private transportation companies and the flexibility of requiring additional safety requirements for all vehicles for hire, and a further review of the following:

 

a. an increased number of mandatory inspections;


b. a requirement that all vehicles be equipped with in-car cameras and emergency lighting systems;


c.  restrictions on the maximum number of hours that drivers can work in a given 24 hour period;


d.  the feasibility of using the vehicle for hire software platforms to restrict pick and drop off locations in "no stopping" areas;


e.  the feasibility of other safety measures to reduce the risk of dooring incidents such as rear-view passenger side mirrors;


f.  fees for all licence and driver categories, with options for full cost recovery and harmonization of licences across fee categories; and


g. the performance of the Accessibility Fund Program.

 

4.  City Council direct the Executive Director, Municipal Licensing and Standards to report in the third quarter of 2020 on Parts 37, 48 and 52 above, such report shall also examine whether the number of vehicles for hire on the road currently have a significant impact on congestion, and whether measures are required to mitigate congestion, as well as determining the appropriate number of vehicles for hire and its impacts on the City of Toronto.

 

Collision Reporting Incident Form

 

5.  City Council request the Ontario Ministry of Transportation to review the provincial collision reporting incident form and add taxicab, limousine, and private transportation company vehicles as vehicle types.

 

Fees

 

6.  City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards as follows:

 

a.  Amend the "Service" category to state "Vehicle-for-Hire (VFH) Licensing" instead of "Taxi and Livery Licensing."

 

b.  Add the regulatory charges noted below in Table A - Regulatory Charges for the Accessibility Fund Program, including an annual adjustment based on the Consumer Price Index:

 

Table A - Regulatory Charges for the Accessibility Fund Program

 

Service

Fee Description

Category

Fee Basis

Fee

Annual Adjustment

VFH Licensing

Taxicab Brokerage Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$250.64

Yes

VFH Licensing

Limousine Brokerage Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$250.64

Yes

VFH Licensing

Limousine Owner Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$125.32

Yes

VFH Licensing

Private Transportation Company Reserve Fund - Accessibility Fund

Regulatory Charge

Per Trip

$0.10

Yes

VFH Licensing

Private Transportation Company Driver Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$7.23

Yes

VFH Licensing

Standard Taxicab Operator Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$125.32

Yes

VFH Licensing

Non-Accessible Standard Taxicab Owner Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$125.32

Yes

VFH Licensing

Vehicle-for-Hire Driver Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$62.66

Yes

 

c.  Remove Reference Number 20 - Re-scheduling an exam or course before it starts and Reference Number 25 - Registration for the Accessible Taxicab Driver Training Course.
 

d.  Amend the fees listed below in Table B - Vehicle-for-Hire Licensing Fees to include an annual adjustment based on the Consumer Price Index:

 

Table B - Vehicle-for-Hire Licensing Fees

 

Service

Fee Description

Category

Fee Basis

Fee

Annual Adjustment

VFH Licensing

Application Fee: Taxicab Operator

Full Cost Recovery

Per Application

$500

Yes

VFH Licensing

Renewal Fee: Taxicab Operator

Full Cost Recovery

Per Application

$300

Yes

VFH Licensing

Application Fee: Private Transportation Company

Full Cost Recovery

Per Application

$20,000

Yes

VFH Licensing

Annual Private Transportation Company Fee Per Driver

Full Cost Recovery

Per Application

$15

Yes

VFH Licensing

Private Transportation Company Fee Per Trip

Full Cost Recovery

Per Trip

$0.30

Yes

VFH Licensing

Application Fee: Vehicle-for-Hire Driver

Full Cost Recovery

Per Application

$130

Yes

VFH Licensing

Renewal Fee: Vehicle-for-Hire Driver

Full Cost Recovery

Per Application

$130

Yes

 

7.  City Council request the Executive Director, Municipal Licensing and Standards to establish a system to allow all vehicle-for-hire owners, operators and drivers to submit vehicle registrations and fees electronically.

 

Reserve Fund

 

8.  City Council establish a new Vehicle-for-Hire Reserve Fund as a Corporate Discretionary Reserve Fund to provide funding for initiatives associated with accessibility, transportation planning, or environmental goals relevant to the vehicle-for-hire and private transportation company industries and to minimize the impact of reliance on vehicle-for-hire and private transportation company licensing revenue for Municipal Licensing and Standards' Operating Budget, in accordance with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, by:

 

a.  amending the City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, by adding the "Vehicle-for-Hire Reserve Fund" to Schedule 7, Corporate Discretionary Reserve Funds, with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards;

 

b.  funding the Vehicle-for-Hire Reserve Fund in an initial amount of $6.093 million from an in-year adjustment of the 2019 Operating Budget of Municipal Licensing and Standards and, afterwards, with budgeted allocations from vehicle-for-hire and private transportation company licensing, including regulatory charges on licensees that do not provide wheelchair accessible vehicle-for-hire services; such that:

 

1.  for 2019, there will be a net zero expenditure and revenue budget adjustment comprised of a contribution to the reserve fund of $6,093,000, offset by an increase in vehicle-for-hire user fees (including private transportation company trip fees) of $6,093,000. The contribution to the new reserve fund would be dependent on sufficient actual user fee revenue being generated; and

 

2.  for 2020 and subsequent years, reserve funding and user fee budgets will be considered as part of the annual budget process and will be structured as outlined in the Financial Impact section of the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards;

 

c.  establishing a minimum targeted reserve balance of $5 million; and

 

d.  establishing Municipal Licensing and Standards as the primary owner of the account.

 

Implementation

 

9.  City Council direct the General Manager, Transportation Services to consider the results of the Transportation Impact Study, as outlined in Attachment 4 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, as part of the update on the Congestion Management Plan.

 

10.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, as required to give effect to City Council’s decision.

 

11.  City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines.

 

12.  City Council direct that the changes to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, come into force on January 1, 2020.

Public Notice Given

Background Information (Committee)

(June 21, 2019) Revised Report from the Executive Director, Municipal Licensing and Standards on Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-135306.pdf
(June 14, 2019) Report from the Executive Director, Municipal Licensing and Standards on Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134401.pdf
Attachment 1 - Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134402.pdf
Attachment 2 - Third-Party Public Opinion Research, Quantitative Online Survey Findings (Phase 1) - Vehicle-for-Hire By-law Review, City of Toronto Resident Survey
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134403.pdf
Revised Attachment 3 - Accessibility Strategy Research and Consultation Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-135293.pdf
Attachment 3 - Accessibility Strategy Research and Consultation Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134425.pdf
Revised Attachment 4 - The Transportation Impacts of Vehicle-for-Hire in the City of Toronto- Executive Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-135307.pdf
Attachment 4 - The Transportation Impacts of Vehicle-for-Hire in the City of Toronto- Executive Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134426.pdf
(May 17, 2019) Attachment 5 - Economic Impact Analysis of Toronto's Taxicab, Limousine, and Private Transportation Companies
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134427.pdf
Attachment 6 - Criteria Sheet for Vehicle-for-Hire Reserve Fund
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134428.pdf
(June 17, 2019) Public Notice - Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134429.pdf

Background Information (City Council)

(July 12, 2019) Supplementary report from the Executive Director, Municipal Licensing and Standards on Review of City of Toronto Municipal Code, Chapter 546, Licensing of Vehicles-for-Hire (GL6.31a)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-135971.pdf

Communications (Committee)

(June 17, 2019) E-mail from Norman Pires (GL.Supp.GL6.31.1)
(June 19, 2019) E-mail from Ejaz Butt and Irfan Meer, Toronto Limousine Drivers Association (GL.Supp.GL6.31.2)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95428.pdf
(June 19, 2019) Submission from Nabeel El Khafif, EGO (GL.Supp.GL6.31.3)
(June 20, 2019) E-mail from Howard Kaplan (GL.Supp.GL6.31.4)
(June 20, 2019) Letter from Gerry Manley (GL.Supp.GL6.31.5)
(June 20, 2019) E-mail from Christine Leonard (GL.Supp.GL6.31.6)
(June 20, 2019) E-mail from Pablo L. Godoy, United Food and Commercial Workers Canada (GL.Supp.GL6.31.7)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95496.pdf
(June 20, 2019) Letter from Tereza Da Silva (GL.Supp.GL6.31.8)
(June 20, 2019) Letter from Bryan Purcell, Toronto Atmospheric Fund (GL.New.GL6.31.9)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95525.pdf
(June 20, 2019) E-mail from Amy Jones (GL.New.GL6.31.10)
(June 21, 2019) E-mail from Esther Marietta Nerling (GL.New.6.31.11)
(June 22, 2019) Letter from Andy Réti, All Taxi Owners and Operators Limited (GL.New.GL6.31.12)
(June 23, 2019) E-mail from Imran Chowdhury, TTL Group (GL.New.GL6.31.13)
(June 23, 2019) E-mail from Rita Bijons (GL.New.GL6.31.14)
(June 23, 2019) Letter from Heather Marshall, Toronto Environmental Alliance (GL.New.GL6.31.15)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95568.pdf
(June 24, 2019) Letter from Jared Kolb, Cycle Toronto (GL.New.GL6.31.16)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95585.pdf
(June 21, 2019) Letter from Pamela Fuselli, Parachute Canada (GL.New.GL6.31.17)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95569.pdf
(June 24, 2019) E-mail from Hamish Wilson (GL.New.GL6.31.18)
(June 24, 2019) E-mail from Nick Morris, Toronto Limousine Drivers Association (GL.New.GL6.31.19)
(June 24, 2019) Submission from Councillor Jim Karygiannis (GL.New.GL6.31.20)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95579.pdf
(June 24, 2019) Letter from Councillor Mike Layton (GL.New.GL6.31.21)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95587.pdf
(June 24, 2019) Letter from David Réti (GL.New.GL6.31.22)
(June 24, 2019) Submission from Kristine Hubbard, Beck Taxi (GL.New.GL6.31.23)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95592.pdf
(June 24, 2019) E-mail from Samuel Bradea (GL.New.GL6.31.24)
(June 24, 2019) E-mail from Avtar Sekhon (GL.New.GL6.31.25)

Communications (City Council)

(July 11, 2019) Letter from Andrew Murie, Chief Executive Officer, MADD Canada (CC.Supp.GL6.31.26)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-96049.pdf
(July 12, 2019) Letter from Jan De Silva, President and Chief Executive Officer, Toronto Region Board of Trade (CC.Supp.GL6.31.27)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-96090.pdf
(July 15, 2019) Letter from Pamela Fuselli, Interim President and Chief Executive Officer, Vice-President, Knowledge Transfer and Stakeholder Relations, Parachute (CC.Supp.GL6.31.28)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-96091.pdf
(July 15, 2019) Letter from Terry Danylevich (CC.New.GL6.31.29)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That:

 

1.  City Council amend City of Toronto Municipal Code, Chapter 546, Licensing of Vehicles-for-Hire to require private transportation company and vehicle-for-hire drivers to successfully complete a third-party training program, including a final evaluation test, that satisfactorily meets the criteria established by, and is approved by, the Executive Director, Municipal Licensing and Standards; the Executive Director, Municipal Licensing and Standards should give consideration to programs with an in car and/or class component, a defensive driving training component and accessibility, diversity and sensitivity training.
 

2.  City Council amend City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire to require existing private transportation company and vehicle-for-hire driver licence holders to provide proof of the successful completion of a mandatory training program, that is approved by the Executive Director, Municipal Licensing and Standards, by the fourth quarter of 2020; the Executive Director, Municipal Licensing and Standards should give consideration to a grandfathering program for taxi and limousine owners and drivers for members, if they were licensed as a vehicle for hire driver (or previously as a taxi or limousine driver) as of May 30, 2016 and have completed a taxi or limousine training course satisfactory to the Executive Director.
 

3.  City Council amend City of Toronto Municipal Code, Chapter 546, Licensing of Vehicles for Hire, to include requirements that all private transportation companies, taxicab brokers, and limousine brokers also submit data that includes: the date, time, location of pick up and drop off, wait time, and occupancy of each trip; cancellation data including the time the trip was requested, time it was cancelled, and reason for cancellation; and aggregate data on the volume of trips at the street level for particular dates, time periods, and locations, when requested by the City; this data and other data required to be provided by private transportation companies, taxicab brokers, and limousine brokers shall be used by the City to facilitate transportation planning studies, including the assessment of congestion and location impacts, and direct the Executive Director, Municipal Licensing and Standards to report in the third quarter of 2020, such report shall also examine whether the number of vehicles for hire on the road currently have a significant impact on congestion, and whether measures are required to mitigate congestion, as well as determining the appropriate number of vehicles for hire and its impacts on the City of Toronto.
 

4.  City Council endorse the goal that by 2050, 100 per cent of vehicles-for-hire will use low-carbon energy. This confirms TransformTO's goal that all vehicles, including vehicles-for-hire, will use low-carbon energy.
 

5.  City Council direct the Executive Director, Municipal Licensing and Standards to report back by the fourth quarter of 2020 on an emissions reduction incentive program and low-emission standards and targets for the entire vehicle-for-hire industry, in keeping with the Transform TO Climate Action Strategy transportation goals, including consideration of the adoption of Natural Resources Canada's Combined Fuel Consumption Ratings, and to consult with the Environment and Energy Division, Toronto Atmospheric Fund and relevant stakeholders.
 

6.  City Council request the Executive Director, Municipal Licensing and Standards to report back by the third quarter of 2020 on the findings of the safety data collected by the City or provided by private transportation companies and the flexibility of requiring additional safety requirements for all vehicles for hire, and a further review of the following:

 

a. an increased number of mandatory inspections;


b. a requirement that all vehicles be equipped with in-car cameras and emergency lighting systems;


c.  restrictions on the maximum number of hours that drivers can work in a given 24 hour period;


d.  the feasibility of using the vehicle for hire software platforms to restrict pick and drop off locations in "no stopping" areas;


e.  the feasibility of other safety measures to reduce the risk of dooring incidents such as rear-view passenger side mirrors;


f.  fees for all licence and driver categories, with options for full cost recovery and harmonization of licences across fee categories; and


g. the performance of the Accessibility Fund Program.

 

7.  City Council amend City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, to allow those Vehicle-for-Hire operating as Taxicabs to be permitted to be registered under the operator or driver’s name.
 

8.  City Council amend General Government and Licensing Committee Recommendation 1.58 so that it now reads: 

  

Rename snow tires to winter tires and add a definition of winter tires to mean a tire that   meets the standards and specifications prescribed for winter tires by the Executive Director, Municipal Licensing and Standards, including tires that are labelled "M" and "S," the minimum requirement for mud and snow/all-season tires is marked with the pictograph of a peaked mountain with a snowflake, as they have met specific snow traction performance requirements and have been designed specifically for use in severe snow conditions as noted by Transport Canada.

 

9.  City Council delete General Government and Licensing Committee Recommendations 1.32 to 1.41 inclusive, 1.53, 1.63 and 1.66:

 

Recommendations to be deleted

 

32.  Remove the minimum fare requirement of $70 per hour for the first two hours, permit limousine owners and brokers to set rates to be charged on a flat or hourly basis, and require that a limousine owner or broker confirm that a passenger has accepted the rate before the vehicle is dispatched by sending written confirmation to the customer and maintaining records for three years.

 

33.  Define a limousine as any accessible, stretch, or sedan limousine in respect of which a limousine owner's licence has been issued or in respect of which a licence is required under this chapter.

 

34.  Define a sedan limousine as a non-metered vehicle that may carry a maximum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter.

 

35.  Define a stretch limousine as a non-metered vehicle either purpose-built or modified to provide an extended seating area and carry a minimum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter.

 

36.  Define an accessible limousine as a vehicle which is designed, used, or intended to be used to provide wheelchair accessible service and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter.

 

37.  Amend the insurance requirements to ensure that each limousine with a seating capacity of more than seven passengers is insured under a policy of automobile insurance as required under the Public Vehicles Act.

 

38.  Rename limousine service company to limousine broker throughout the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire.

 

39.  Add a provision that limousine brokers shall only dispatch licensed limousines driven by individuals holding valid vehicle-for-hire driver's licences.

 

40.  Add a provision that limousine brokers must publish business contact information online for the public.

 

41.  Remove the stretch-to-sedan fleet ratio to allow limousine brokers to determine the appropriate type and number of licensed limousines required for their business.

 

53.  Amend the provision that requires all private transportation company drivers to carry and, upon request, produce to Municipal Licensing and Standards their Ontario driver's licence by requiring that private transportation company drivers carry and produce upon request satisfactory government-issued identification.

 

63.  Add a provision to require that a vehicle be registered with Municipal Licensing and Standards for use as a taxicab as a condition of renewing a taxicab owner licence.

 

66.  Amend the section on designated custodians for corporations that hold standard taxicab owner licences to require that they designate a director as custodian, instead of an employee or officer.

Vote (Amend Item) Jul-18-2019 3:44 PM

Result: Carried Majority Required - GL6.31 - Ainslie - motion 1
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Gord Perks
Total members that were Absent: 3 Members that were absent are John Filion, Michael Ford, James Pasternak

2 - Motion to Amend Item moved by Councillor Gord Perks (Lost)

That City Council amend Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, to delete all provisions that currently licence and permit the operation of Private Transportation Companies (PTCs), PTC Drivers, and PTC Vehicles, and to add provisions to prohibit PTC businesses from operating in Toronto, and that the General Government and Licensing Committee Recommendations be amended accordingly.

Vote (Amend Item) Jul-18-2019 3:45 PM

Result: Lost Majority Required - GL6.31 - Perks - motion 2
Total members that voted Yes: 6 Members that voted Yes are Shelley Carroll, Paula Fletcher, Jim Karygiannis, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam
Total members that voted No: 17 Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Mike Colle, Gary Crawford, Joe Cressy, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 3 Members that were absent are John Filion, Michael Ford, James Pasternak

3 - Motion to Amend Item (Additional) moved by Councillor Mark Grimes (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to establish a system to allow all vehicle-for-hire owners, operators and drivers to submit vehicle registrations and fees electronically.

Vote (Amend Item (Additional)) Jul-18-2019 3:45 PM

Result: Carried Majority Required - GL6.31 - Grimes - motion 3
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Paula Fletcher
Total members that were Absent: 3 Members that were absent are John Filion, Michael Ford, James Pasternak

Vote (Amend Item (Additional)) Jul-18-2019 3:46 PM

Result: Carried Majority Required - GL6.31 - Grimes - motion 3 - REVOTE
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 3 Members that were absent are John Filion, Michael Ford, James Pasternak

Motion to Reconsider Vote moved by Councillor Joe Cressy (Carried)

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


4 - Motion to Amend Item moved by Councillor Michael Thompson (Redundant)

That City Council delete General Government and Licensing Committee Recommendation 63.

 

Recommendation to be deleted:

 

63.  Add a provision to require that a vehicle be registered with Municipal Licensing and Standards for use as a taxicab as a condition of renewing a taxicab owner licence.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled motion 4 by Councillor Thompson redundant due to Council's adoption of motion 1 by Councillor Ainslie.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-18-2019 3:47 PM

Result: Carried Majority Required - GL6.31 - Adopt the item as amended
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Gord Perks
Total members that were Absent: 3 Members that were absent are John Filion, Michael Ford, James Pasternak

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that questions of Councillor Ainslie on his motion 1 be stood down until the motion has been circulated.

GL6.31 - Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire

Decision Type:
ACTION
Status:
Amended
Wards:
All

Public Notice Given

Committee Recommendations

The General Government and Licensing Committee recommends that:

 

1.  City Council amend the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, as follows:

 

Accessibility Fund Program

 

1.  Add a provision to create an Accessibility Fund Program that is:

 

a.  funded through regulatory charges on members of the vehicle-for-hire and private transportation company industries that do not provide City-licensed wheelchair accessible service; and

 

b.  disbursed based on service standards and eligibility criteria to City-licensed wheelchair accessible drivers and owners that are not under contract with the Toronto Transit Commission's Wheel-Trans specialized transit service.

 

2.  Add a provision to allow the Executive Director, Municipal Licensing and Standards or their designate to establish the funding formulas for the disbursement of funds, the service standards, and the eligibility criteria for the Accessibility Fund Program.

 

3.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the service standards and the eligibility criteria.

 

4. Add a provision to state that accessible vehicle-for-hire drivers must meet the following minimum eligibility requirements for the Accessibility Fund Program:

 

a.  licensed under this chapter;

 

b.  current and valid training endorsement for accessible service; and

 

c.  declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met.

 

5.  Add a provision to state that accessible vehicle-for-hire owners must meet the following minimum eligibility requirements for the Accessibility Fund Program:

 

a.  licensed under this chapter;

 

b.  vehicle is compliant with the Canadian Standards Association standard for wheelchair accessible vehicles; and

 

c.  declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met.

 

6.  Add a provision to state that, to be eligible for the Accessibility Fund Program, licensed vehicle-for-hire drivers and owners must provide the following information as part of the application process:

 

a.  business licence number under this chapter;

 

b.  full name;

 

c.  mailing address;

 

d.  contact information such as phone number and e-mail address; and

 

e.  any other information as requested by the Executive Director, Municipal Licensing and Standards.

 

7.  Add a provision that the Executive Director, Municipal Licensing and Standards may refuse or cancel funding if the accessible owner or driver does not meet the eligibility criteria or service standards as set out by the Executive Director, Municipal Licensing and Standards, if the funding was granted due to an administrative or technical error, or if the accessible owner or driver has not provided complete or accurate data or information.

 

8.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall provide the accessible owner or driver with written notice that consideration is being given to the refusal or cancellation of their funding application and providing the accessible owner or driver with an opportunity to respond in writing to this notice within 10 days of being notified. Municipal Licensing and Standards will then provide the accessible owner or driver with written notice of its final decision. If an accessible owner or driver's eligibility has been refused or cancelled because the owner or driver was not properly eligible or provided incomplete or inaccurate information, the accessible owner or driver will not be eligible for the Accessibility Fund Program for two years.

 

9.  Add a provision that the Executive Director, Municipal Licensing and Standards may recover any funds disbursed in error or if the funds were disbursed based on incomplete or inaccurate information provided by the applicant.

 

10.  Add a provision that requires, as conditions for licence renewal, that the Accessibility Fund Program regulatory charge be paid and that funds disbursed from the Accessibility Fund Program based on incomplete or inaccurate information provided by a funding applicant be repaid.

 

11.  Add a provision to state that the Executive Director, Municipal Licensing and Standards has the authority to, at any time, recalibrate the funding formulas or prohibit the disbursement of funds to applicants based on the availability of funding.

 

12.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall collect regulatory charges associated with the Accessibility Fund Program at the same time as licensing fees are collected.

 

Administration, Audit Powers, and Revocation Process of Training Programs

 

13.  Add a provision to allow the Executive Director, Municipal Licensing and Standards to establish the mandatory components and criteria for the accreditation of training programs for all drivers licensed under this chapter.

 

14.  Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the mandatory components of training programs, criteria to accredit training programs, and a list of approved training programs.

 

15.  Add a provision that each applicant for the certification of a training program shall provide, at minimum, the following information to the Executive Director, Municipal Licensing and Standards:

 

a.  full name of individual or business;

 

b.  mailing address;

 

c.  contact information, including phone number and e-mail address;


d.  the syllabus of the proposed training content; and

 

e.  any other information as requested by the Executive Director, Municipal Licensing and Standards.

 

16.  Add a provision that the Executive Director, Municipal Licensing and Standards has the authority to audit approved training programs and request information related to the audit, as required.

 

17.  Add a provision that, pursuant to the audit and investigation process, the Executive Director, Municipal Licensing and Standards has the authority to revoke the accreditation of training programs if:

 

a.  Municipal Licensing and Standards has reasonable grounds to believe that the training program no longer meets the requirements for inclusion on the approved list, in accordance with the mandatory components established by the Executive Director, Municipal Licensing and Standards;

 

b.  Municipal Licensing and Standards has reasonable grounds to believe that the training program is not being delivered or its officers, directors, or employees have not acted in accordance with the intent of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or if incomplete or inaccurate information has been provided; or

 

c.  Municipal Licensing and Standards has reasonable grounds to believe that the conduct of the training program or its officers, directors, or employees has resulted, or will result, in a breach of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or any other law.

 

18.  Add a provision that vehicle-for-hire or private transportation company drivers who obtained a licence on the basis of their membership in a training program that is then removed from the City’s approved list must provide proof of the successful completion of another approved training program at their licence renewal, if required by the Executive Director, Municipal Licensing and Standards.

 

19.  Add a provision that vehicle-for-hire or private transportation company drivers who do not submit proof of the successful completion of another approved training program at their licence renewal will be deemed to no longer meet the licensing requirements under the By-law and the licence renewal application will be incomplete until proof of training is submitted.

 

Audit and Investigative Authority of Municipal Licensing and Standards

 

20.  Add a provision to allow for Municipal Licensing and Standards to require private transportation companies, limousine brokers, and taxicab brokers to provide records to Municipal Licensing and Standards for the purposes of investigating compliance with this chapter and for researching and undertaking accessibility reviews, transportation planning, and environmental policies or initiatives relevant to the vehicle-for-hire industry and require that records must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licencing and Standards.

 

21.  Add a provision to require that taxicab, limousine, and private transportation company records requested by a police officer shall be provided directly to the police officer within 24 hours and records requested by Municipal Licensing and Standards shall be provided within 30 days of the receipt of the request or within 24 hours, if required by the Executive Director, Municipal Licensing and Standards.

 

22.  Add a provision that any licence holder under the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, is guilty of an offence if they provide incomplete or inaccurate information or business records to a police officer or Municipal Licensing and Standards.

 

Cameras

 

23.  Delete the definition of camera.

 

24.  Authorize the Executive Director, Municipal Licensing and Standards to establish criteria for and prohibit the use of cameras in licensed vehicles.

 

Collision Reporting

 

25.  Add a provision to state that private transportation companies and limousine and taxicab brokers shall record and provide collision incident information (including type of vehicle, date and time of incident, and location of incident to the nearest intersection) at a frequency that meets the satisfaction of the Executive Director, Municipal Licensing and Standards.

 

Inspection Powers

 

26.  Amend the inspection powers of Municipal Licensing and Standards to confirm that they extend to vehicles-for-hire.

 

Limousine Owners

 

27.  Add a provision that limousine owner licensing fees are waived for accessible limousine owners.

 

28.  Add a provision that accessible service must be provided through vehicles that are in compliance with the standard for accessible vehicles outlined in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire.

 

29.  Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a limousine, then the limousine owner shall ensure that notice stating that passengers are being or may be recorded is provided through notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards.

 

30.  Add a provision that requires limousines to have "Watch for Bike" notices affixed to the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards.

 

31.  Remove the requirement for limousine owners to enter into service agreements to permit them to dispatch their own limousine and/or accept service requests. A limousine owner who dispatches his or her own limousine will not be considered a limousine broker.

 

32.  Remove the minimum fare requirement of $70 per hour for the first two hours, permit limousine owners and brokers to set rates to be charged on a flat or hourly basis, and require that a limousine owner or broker confirm that a passenger has accepted the rate before the vehicle is dispatched by sending written confirmation to the customer and maintaining records for three years.

 

33.  Define a limousine as any accessible, stretch, or sedan limousine in respect of which a limousine owner's licence has been issued or in respect of which a licence is required under this chapter.

 

34.  Define a sedan limousine as a non-metered vehicle that may carry a maximum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter.

 

35.  Define a stretch limousine as a non-metered vehicle either purpose-built or modified to provide an extended seating area and carry a minimum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter.

 

36.  Define an accessible limousine as a vehicle which is designed, used, or intended to be used to provide wheelchair accessible service and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter.

 

37.  Amend the insurance requirements to ensure that each limousine with a seating capacity of more than seven passengers is insured under a policy of automobile insurance as required under the Public Vehicles Act.

 

Limousine Brokers

 

38.  Rename limousine service company to limousine broker throughout the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire.

 

39.  Add a provision that limousine brokers shall only dispatch licensed limousines driven by individuals holding valid vehicle-for-hire driver's licences.

 

40.  Add a provision that limousine brokers must publish business contact information online for the public.

 

41.  Remove the stretch-to-sedan fleet ratio to allow limousine brokers to determine the appropriate type and number of licensed limousines required for their business.

 

42.  Amend the requirements for data recorded in dispatch records to also require the following information in relation to transportation commencing or terminating in Toronto:

 

a.  pick up location and the destination (by reference to the nearest intersection);

 

b.  dates and times (by reference to the nearest minute) the trip started and terminated;

 

c.  length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip;

 

d.  type of service provided such as request for accessible service;

 

e.  trip status such as completed, driver cancelled, or passenger cancelled;

 

f.  if a trip is cancelled, then the reason for cancellation; and

 

g.  the assigned driver's licence number and unique identification number used by the brokerage (if any).

 

43.  Add a provision that data recorded in dispatch records must be produced within 30 days and in a format that is satisfactory to the Executive Director, Municipal Licencing and Standards and that a limousine broker is required to maintain the records for a minimum of three years.

 

Private Transportation Companies

 

44.  Add a provision that requires private transportation companies to impose a mandatory training program on all drivers affiliated with the private transportation company. The training program must satisfactorily meet the criteria established by the Executive Director, Municipal Licensing and Standards or their designate.

 

45.  Add a provision that states that all private transportation company drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device when the private transportation company driver is available on the private transportation company software application.

 

46.  Add a provision to state and confirm that drivers who provide accessible service for private transportation companies must be licensed under this chapter and meet all conditions of licensing, including the successful completion of an accessible training program.

 

47.  Add a provision that requires every private transportation company driver to be civil and well-behaved.

 

48.  Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a private transportation company vehicle, then the private transportation company and private transportation company driver shall ensure that notice stating that passengers are being or may be recorded is provided through:

 

a.  the software application prior to the passenger accepting the request; and/or


b.  a notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards.

 

49.  Authorize the Executive Director, Municipal Licensing and Standards to sign the Data Sharing Agreement and Indemnification Agreement for private transportation companies on behalf of the City of Toronto.

 

50.  Add a provision that requires private transportation companies and private transportation company drivers to notify passengers to look for cyclists before exiting a vehicle through:


a.  the software application by sending push notifications at a frequency that is satisfactory to the Executive Director, Municipal Licensing and Standards; and


b. "Watch for Bike" notices in the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards.

 

51.  Amend the private transportation company driver requirements so that the private transportation company, when submitting an application for the issuance or renewal of a private transportation company driver's licence on a behalf of an individual, shall also be required to submit information on the fuel type of the vehicle that will be driven by that individual when licensed as a private transportation company driver.

 

52.  Add a provision prohibiting a private transportation company from allowing vehicles that have the same colour scheme that is already in use by a taxicab brokerage and prohibit a private transportation company driver from using such vehicle.

 

53.  Amend the provision that requires all private transportation company drivers to carry and, upon request, produce to Municipal Licensing and Standards their Ontario driver's licence by requiring that private transportation company drivers carry and produce upon request satisfactory government-issued identification.

 

54.  Amend the private transportation company record keeping requirements to ensure all information on time or length of trip is measured by reference to the nearest minute and by adding requirements that private transportation companies keep records of:

 

a.  the starting and ending times for each period that a private transportation company driver was available to provide transportation services through the platform, en route to pick up a passenger after accepting a request, and delivering transportation service to a passenger;

 

b.  wait time of passengers, in accordance with Period 2 in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire;

 

c.  number of cancelled/rejected trips;


d.  reason for cancelled/rejected trips;

 

e.  volume of private transportation company vehicles available to provide service on the private transportation company platform in any particular hour and with reference to a particular geographic area within which the private transportation company vehicle was available or provided service;

 

f.  pick up and drop-off data for every trip, measured to the nearest 10 metres;

 

g.  aggregate number of vehicles that have completed a trip by hour; and

 

h.  anonymized trip and passenger identification that meets the satisfaction of the Executive Director, Municipal Licensing and Standards.

 

55.  Amend the private transportation company driver requirements:

 

a.  remove the minimum requirement of 18 years of age;

 

b.  increase the year of driving history from one year to three years for new applicants and grandfather existing private transportation company driver's licence holders;

 

c.  require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and

 

d.  require existing private transportation company driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020.

 

56.  Amend the accessible requirements of private transportation companies to confirm that accessible service must be provided through vehicles that are in compliance with the Canadian Standards Association standard for wheelchair accessible vehicles.

 

Taxicab Bill of Rights

 

57.  Amend the Taxicab Bill of Rights to include a section that states that taxicab drivers cannot refuse service to an individual with a mobility or non-mobility disability, where service can be accommodated, and cannot refuse service to an individual being accompanied by a service animal by reason only of the presence of a service animal.

 

Snow Tires

 

58.  Rename snow tires to winter tires and add a definition of winter tires to mean a tire that meets the standards and specifications prescribed for winter tires by the Executive Director, Municipal Licensing and Standards, including tires that are labelled "M" and "S," the minimum requirement for mud and snow/all-season tires.

 

Taxicab Broker

 

59.  Add a provision that any records brokerages are required to collect must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licensing and Standards and that a taxicab broker is required to maintain all such records for a minimum of three years.

 

60.  Amend the requirements for trip record data to be kept by taxicab brokers to require the collection of the following information:

 

a.  pick up location and the destination (by reference to the nearest intersection);

 

b.  dates and times (by reference to the nearest minute) that each trip started and terminated;

 

c.  length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip;

 

d.  type of service provided such as request for accessible service;

 

e.  trip status such as completed, driver cancelled, or passenger cancelled;

 

f.  if a trip is cancelled, then the reason for cancellation; and

 

g.  the licence number for each taxicab affiliated with the brokerage that provided the trip.

 

61.  Amend the requirements for brokerages to maintain records to require the collection of the following information:


a.  the vehicle-for-hire driver's licence number, unique identification number used by the brokerage (if any) for each vehicle-for-hire driver, and the driver's first and last name for each driver affiliated with the brokerage; and


b.  the termination date, the driver's first and last name, the licence number, and the termination letter when a driver is no longer affiliated with the brokerage.

 

62.  Add a provision requiring the collection of accessible taxicab trip data for the purposes of the administration of the Accessibility Fund Program to include:

 

a.  plate number, licence number, start date, start time, end date, and end time for each taxicab trip;

 

b.  type of point-of-sale terminal in each taxicab, including whether or not it allows for cordless payment; and


c.  driver's first and last name and licence number for each taxicab trip.

 

Taxicab Owners

 

63.  Add a provision to require that a vehicle be registered with Municipal Licensing and Standards for use as a taxicab as a condition of renewing a taxicab owner licence.

 

64.  Remove the provisions regarding designated agents in order to clarify the role of a taxicab operator and ensure that the only individuals permitted to manage taxicabs on behalf of taxicab owners will be licensed as taxicab operators.

 

65.  Amend the section on required equipment and markings for taxicabs to authorize the Executive Director, Municipal Licensing and Standards to approve the manner and location of "Watch for Bike" notices.

 

66.  Amend the section on designated custodians for corporations that hold standard taxicab owner licences to require that they designate a director as custodian, instead of an employee or officer.

 

Taxicab Rates and Fares

 

67.  Remove "on request" from the section on flat fares and airport fares and require drivers/owners to offer the flat rate to the airport.

 

68.  Add a provision to prohibit vehicle-for-hire drivers, taxicab owners, and brokers from setting rates higher than the tariff (metered rate) for accessible service requests.

 

Toronto Licensing Tribunal

 

69.  Amend the powers of the Toronto Licensing Tribunal to confirm that it has the power to refuse to issue a licence, as outlined in its mandate.

 

Vehicle-for-Hire Driver

 

70.  Add a provision that states that all drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device while operating their vehicle.

 

71.  Add a provision that all vehicle-for-hire drivers shall carry and, upon request, produce satisfactory government-issued identification to Municipal Licensing and Standards.

 

72.  Remove the section which prohibits a vehicle-for-hire driver from parking on any highway except at a location designated and marked as a taxicab stand by an authorized sign, as this is covered under the City of Toronto Municipal Code Chapter 950, Traffic and Parking.

 

73.  Remove the word "first" from the restrictions on taxicabs refusing services in order to confirm that short-fare refusals are not permitted for any prospective passengers.

 

74.  Amend the vehicle-for-hire driver requirements:

 

a.  remove the minimum requirement of 18 years of age;

 

b.  increase the year of driving history from one year to three years for new applicants and grandfather existing vehicle-for-hire driver's licence holders;

 

c.  require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and

 

d.  require existing vehicle-for-hire driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020.

 

75.  Amend the section on civility and oversight of taxicabs and limousines to remove the requirements to be properly dressed, neat and clean in person, and maintain that drivers shall be civil and well-behaved.

 

76.  Amend the data required to be kept in an operator log to include break start date and time, break end date and time, and taxicab type such as non-accessible or accessible.

 

Vehicle Requirements and Inspections

 

77.  Remove the definitions for alternative fuel vehicle, combined fuel consumption rating, exhaust emissions, full useful life emission bin, hybrid vehicle, and low-emission vehicle.

 

78.  Amend the section on replacement vehicles to remove the requirement for replacement taxicab vehicles to be either accessible or alternative fuel, hybrid, or low-emission vehicles.

79.  Amend the section on mechanical inspections to require that all vehicles-for-hire are inspected prior to delivering for-hire service with a new vehicle and, thereafter, once every 12 months.

 

Status Updates

 

2.  City Council direct the Executive Director, Municipal Licensing and Standards to review and provide a status update on the vehicle-for-hire Accessibility Fund Program and work completed to create an environmental incentive program two years after the enactment of this By-law.

 

Collision Reporting Incident Form

 

3.  City Council request the Ontario Ministry of Transportation to review the provincial collision reporting incident form and add taxicab, limousine, and private transportation company vehicles as vehicle types.

 

Fees

 

4.  City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards as follows:

 

1.  Amend the "Service" category to state "Vehicle-for-Hire (VFH) Licensing" instead of "Taxi and Livery Licensing."

 

2.  Add the regulatory charges noted below in Table A - Regulatory Charges for the Accessibility Fund Program, including an annual adjustment based on the Consumer Price Index.

 

Table A - Regulatory Charges for the Accessibility Fund Program

 

Service

Fee Description

Category

Fee Basis

Fee

Annual Adjustment

VFH Licensing

Taxicab Brokerage Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$250.64

Yes

VFH Licensing

Limousine Brokerage Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$250.64

Yes

VFH Licensing

Limousine Owner Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$125.32

Yes

VFH Licensing

Private Transportation Company Reserve Fund - Accessibility Fund

Regulatory Charge

Per Trip

$0.10

Yes

VFH Licensing

Private Transportation Company Driver Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$7.23

Yes

VFH Licensing

Standard Taxicab Operator Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$125.32

Yes

VFH Licensing

Non-Accessible Standard Taxicab Owner Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$125.32

Yes

VFH Licensing

Vehicle-for-Hire Driver Reserve Fund - Accessibility Fund

Regulatory Charge

Per Application or Renewal

$62.66

Yes

 

3.  Remove Reference Number 20 - Re-scheduling an exam or course before it starts and Reference Number 25 - Registration for the Accessible Taxicab Driver Training Course.
 

4.  Amend the fees listed below in Table B - Vehicle-for-Hire Licensing Fees to include an annual adjustment based on the Consumer Price Index.

 

Table B - Vehicle-for-Hire Licensing Fees

 

Service

Fee Description

Category

Fee Basis

Fee

Annual Adjustment

VFH Licensing

Application Fee: Taxicab Operator

Full Cost Recovery

Per Application

$500

Yes

VFH Licensing

Renewal Fee: Taxicab Operator

Full Cost Recovery

Per Application

$300

Yes

VFH Licensing

Application Fee: Private Transportation Company

Full Cost Recovery

Per Application

$20,000

Yes

VFH Licensing

Annual Private Transportation Company Fee Per Driver

Full Cost Recovery

Per Application

$15

Yes

VFH Licensing

Private Transportation Company Fee Per Trip

Full Cost Recovery

Per Trip

$0.30

Yes

VFH Licensing

Application Fee: Vehicle-for-Hire Driver

Full Cost Recovery

Per Application

$130

Yes

VFH Licensing

Renewal Fee: Vehicle-for-Hire Driver

Full Cost Recovery

Per Application

$130

Yes

 

Reserve Fund

 

5.  City Council establish a new Vehicle-for-Hire Reserve Fund as a Corporate Discretionary Reserve Fund to provide funding for initiatives associated with accessibility, transportation planning, or environmental goals relevant to the vehicle-for-hire and private transportation company industries and to minimize the impact of reliance on vehicle-for-hire and private transportation company licensing revenue for Municipal Licensing and Standards' Operating Budget, in accordance with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, by:

 

1.  Amending the City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, by adding the "Vehicle-for-Hire Reserve Fund" to Schedule 7, Corporate Discretionary Reserve Funds, with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards;

 

2.  Funding the Vehicle-for-Hire Reserve Fund in an initial amount of $6.093 million from an in-year adjustment of the 2019 Operating Budget of Municipal Licensing and Standards and, afterwards, with budgeted allocations from vehicle-for-hire and private transportation company licensing, including regulatory charges on licensees that do not provide wheelchair accessible vehicle-for-hire services. Such that:

 

a.  for 2019, there will be a net zero expenditure and revenue budget adjustment comprised of a contribution to the reserve fund of $6,093,000, offset by an increase in vehicle-for-hire user fees (including private transportation company trip fees) of $6,093,000. The contribution to the new reserve fund would be dependent on sufficient actual user fee revenue being generated; and

 

b.  for 2020 and subsequent years, reserve funding and user fee budgets will be considered as part of the annual budget process and will be structured as outlined in the Financial Impact section of the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards.

 

3.  Establishing a minimum targeted reserve balance of $5 million; and

 

4.  Establishing Municipal Licensing and Standards as the primary owner of the account.

 

Implementation

 

6.  City Council direct the General Manager, Transportation Services to consider the results of the Transportation Impact Study, as outlined in Attachment 4 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, as part of the update on the Congestion Management Plan.

 

7.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, as required to give effect to City Council’s decision.

 

8.  City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines.

 

9.  City Council direct that the changes to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, come into force on January 1, 2020.

Decision Advice and Other Information

The General Government and Licensing Committee:

 

1.  Requested the Executive Director, Municipal Licensing and Standards, to report directly to City Council at its meeting on July 16 and 17, 2019 on the following:

 

a.  the feasibility and implications of implementing third-party safety training, including options for using accredited training schools, in-class/car training, and other ways to deliver mandated training;

 

b.  opportunities to ensure higher vehicle fuel efficiency standards for vehicles-for-hire, including transitioning to hybrid vehicles or fully-electric vehicles for all vehicles-for-hire;

 

c.  the impact of vehicles-for-hire on traffic congestion and opportunities to mitigate this impact;

 

d.  specific requirements for mobile device holders in vehicles in order to ensure they are mounted securely;

 

e.  requiring stickers cautioning passengers to watch for cyclists when opening doors;

 

f.  the feasibility of continuing the requirement that replacement vehicles for taxicab owners be alternative fuel vehicles, hybrid vehicles, or low-emission vehicles and enacting a new definition for low-emission vehicles to authorize the Executive Director, Municipal Licensing and Standards, to define a low-emission vehicle in accordance with Natural Resources Canada's Fuel Consumption Ratings;

 

g.  the implications and feasibility of requiring private transportation companies, through their software applications or otherwise, to route private transportation company drivers and passengers to pick up and drop off locations where passengers can embark or disembark without the private transportation company vehicle stopping or otherwise obstructing bike lanes, in a manner that is consistent with the existing prohibitions in the City of Toronto Municipal Code Chapter 886 (Footpaths, Pedestrian Ways, Bicycle Paths, Bicycle Lanes and Cycle Tracks) that precludes private transportation company drivers from stopping, standing, parking, loading, or unloading passengers in bike lanes;

 

h.  additional information on the differences between snow, winter, all-season, all-weather, and mud tires and details on industry and insurance standards;

 

i.  requiring private transportation company drivers to notify their personal insurance companies that they are operating their vehicles for private transportation company use and requiring private transportation company drivers to provide proof of insurance to the Executive Director, Municipal Licensing and Standards;

 

j.  appropriate wait time standards for accessible private transportation companies and vehicles-for-hire, together with a method of monitoring whether these standards are being achieved and what additional measures might be needed to achieve the standards, and provide this information in an Annual Report to City Council through the General Government and Licensing Committee; and

 

k.  methods to monitor the following:

 

1.  the number of private transportation company vehicles on the City of Toronto's roads during selected time periods; and

 

2.  the percentage of private transportation company vehicles on the City of Toronto's roads with and without passengers during selected time periods.

Origin

(June 14, 2019) Report from the Executive Director, Municipal Licensing and Standards

Summary

This report proposes amendments to the Vehicles-for-Hire By-law (the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire) related to accessibility, public safety, vehicle requirements, and limousines. It also recommends technical amendments to further improve the licensing and enforcement of the vehicle-for-hire industry.

 

The Vehicles-for-Hire By-law came into effect in July 2016 to establish a set of rules and regulations for taxicabs, limousines, and private transportation companies such as Lyft and Uber. The By-law reset and modernized the City of Toronto's approach to regulating for-hire drivers and vehicles. It responded to the public's request for choice in regulated transportation options and provided an opportunity for the City to shift from prescriptive regulation to a risk-based licensing approach. The transition was rooted in the City's regulatory purpose of ensuring public safety and consumer protection and created the opportunity for competition.

 

Since May 2016, staff have focused on implementing the new regulations. The implementation of the new By-law has been a large and complex undertaking that required significant business transformation, including creating digital solutions. In June 2018, the Licensing and Standards Committee considered the Work Plan for the Review of Chapter 546, Vehicles-for-Hire, thereby launching the review of the Vehicles-for-Hire By-law.

 

Staff have since undertaken a review of the By-law and identified proposed changes to address several issues, including driver and vehicle requirements, limousine regulations, and cost to delivering accessible vehicle-for-hire service.

 

This report proposes an accessibility strategy that includes an Accessibility Fund Program and updated By-law requirements. The Accessibility for Ontarians with Disabilities Act requires the City to take steps to ensure that equitable vehicle-for-hire service is available to all individuals. The proposed strategy responds to the 2016 City Council direction to establish an accessibility fund to collect regulatory charges from members in the industry that do not provide wheelchair accessible service and disburse these funds to wheelchair accessible taxicab owners and drivers. Staff heard from users of accessible service that the service is not always readily available and that there is sometimes inconsistent quality of service. Accessible service providers told staff that the cost of operating wheelchair accessible vehicles is higher than that of standard taxicabs and that this is due, in part, to the cost of conversion and maintenance. Higher costs, staff heard, limit the financial return that owners and drivers can expect and, as a result, act as a deterrent to having these vehicles on the road full-time. The aim of the proposed accessibility strategy is to address the higher cost of delivering accessible service, increase the availability of accessible service, and improve the consistency and quality of accessible service.

 

In addition to the accessibility strategy, this report recommends changes to enhance public safety, including changes to driver requirements that will contribute to greater driver experience and knowledge, by increasing the minimum years of driving experience from one to three years and introducing mandatory training requirements. Finally, removing outdated limousine restrictions will provide flexibility within the industry and greater consumer choice.

 

The proposed changes to the Vehicles-for-Hire By-law are based on research completed and feedback heard during consultations in 2018 and the beginning of 2019. Internal research included literature reviews, jurisdictional scans, stakeholder consultations, and an analysis of licensing, complaint, and enforcement data. In addition, staff hosted 18 public consultation meetings and two Accessibility Panel meetings.

 

A Transportation Impact Study was also undertaken by Transportation Services with support from the University of Toronto's Transportation Research Institute. Municipal Licensing and Standards (MLS) also procured a consulting firm to complete an Economic Impact Study and a market research firm to complete public opinion research and focus group sessions. The outcome of this work is discussed in this report.

 

This report was prepared in consultation with Legal Services, Economic Development and Culture, Policy, Planning, Finance and Administration, and Transportation Services.

Background Information

(June 21, 2019) Revised Report from the Executive Director, Municipal Licensing and Standards on Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-135306.pdf
(June 14, 2019) Report from the Executive Director, Municipal Licensing and Standards on Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134401.pdf
Attachment 1 - Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134402.pdf
Attachment 2 - Third-Party Public Opinion Research, Quantitative Online Survey Findings (Phase 1) - Vehicle-for-Hire By-law Review, City of Toronto Resident Survey
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134403.pdf
Revised Attachment 3 - Accessibility Strategy Research and Consultation Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-135293.pdf
Attachment 3 - Accessibility Strategy Research and Consultation Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134425.pdf
Revised Attachment 4 - The Transportation Impacts of Vehicle-for-Hire in the City of Toronto- Executive Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-135307.pdf
Attachment 4 - The Transportation Impacts of Vehicle-for-Hire in the City of Toronto- Executive Summary
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134426.pdf
(May 17, 2019) Attachment 5 - Economic Impact Analysis of Toronto's Taxicab, Limousine, and Private Transportation Companies
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134427.pdf
Attachment 6 - Criteria Sheet for Vehicle-for-Hire Reserve Fund
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134428.pdf
(June 17, 2019) Public Notice - Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-134429.pdf

Communications

(June 17, 2019) E-mail from Norman Pires (GL.Supp.GL6.31.1)
(June 19, 2019) E-mail from Ejaz Butt and Irfan Meer, Toronto Limousine Drivers Association (GL.Supp.GL6.31.2)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95428.pdf
(June 19, 2019) Submission from Nabeel El Khafif, EGO (GL.Supp.GL6.31.3)
(June 20, 2019) E-mail from Howard Kaplan (GL.Supp.GL6.31.4)
(June 20, 2019) Letter from Gerry Manley (GL.Supp.GL6.31.5)
(June 20, 2019) E-mail from Christine Leonard (GL.Supp.GL6.31.6)
(June 20, 2019) E-mail from Pablo L. Godoy, United Food and Commercial Workers Canada (GL.Supp.GL6.31.7)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95496.pdf
(June 20, 2019) Letter from Tereza Da Silva (GL.Supp.GL6.31.8)
(June 20, 2019) Letter from Bryan Purcell, Toronto Atmospheric Fund (GL.New.GL6.31.9)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95525.pdf
(June 20, 2019) E-mail from Amy Jones (GL.New.GL6.31.10)
(June 21, 2019) E-mail from Esther Marietta Nerling (GL.New.6.31.11)
(June 22, 2019) Letter from Andy Réti, All Taxi Owners and Operators Limited (GL.New.GL6.31.12)
(June 23, 2019) E-mail from Imran Chowdhury, TTL Group (GL.New.GL6.31.13)
(June 23, 2019) E-mail from Rita Bijons (GL.New.GL6.31.14)
(June 23, 2019) Letter from Heather Marshall, Toronto Environmental Alliance (GL.New.GL6.31.15)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95568.pdf
(June 24, 2019) Letter from Jared Kolb, Cycle Toronto (GL.New.GL6.31.16)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95585.pdf
(June 21, 2019) Letter from Pamela Fuselli, Parachute Canada (GL.New.GL6.31.17)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95569.pdf
(June 24, 2019) E-mail from Hamish Wilson (GL.New.GL6.31.18)
(June 24, 2019) E-mail from Nick Morris, Toronto Limousine Drivers Association (GL.New.GL6.31.19)
(June 24, 2019) Submission from Councillor Jim Karygiannis (GL.New.GL6.31.20)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95579.pdf
(June 24, 2019) Letter from Councillor Mike Layton (GL.New.GL6.31.21)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95587.pdf
(June 24, 2019) Letter from David Réti (GL.New.GL6.31.22)
(June 24, 2019) Submission from Kristine Hubbard, Beck Taxi (GL.New.GL6.31.23)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-95592.pdf
(June 24, 2019) E-mail from Samuel Bradea (GL.New.GL6.31.24)
(June 24, 2019) E-mail from Avtar Sekhon (GL.New.GL6.31.25)

Speakers

Gail Beck-Souter, Beck Taxi
Kristine Hubbard, Beck Taxi
Cheryl Hawkes
Earla Phillips
Andy Réti, All Taxi Owners and Operators Limited
Nabeel El Khafif, EGO
April Mims, Lyft
Bryan Purcell, Toronto Atmospheric Fund
Steve Keller, Co-op Cabs
Zinnia Batliwalla, March of Dimes Canada
Wendy Murphy, March of Dimes Canada
Pablo L. Godoy, United Food and Commercial Workers Canada
Ejaz Butt, United Food and Commercial Workers Canada
Adam Blinick, Uber
Marty Gray, Uber
Morva Rohani, Uber
Peter Athanasopoulos, Spinal Cord Injury Ontario
Jozsef Takacs
Terry Danylevich
Sam Moini
Behrouz Khamseh
Larry Labovitch, City Taxi
Javid Wali
Allen Matrosov
Joe Ironi, Ontario Limousine Owners Association

Motions

1 - Motion to Set Committee Rule moved by Councillor Paul Ainslie (Carried)

That Members be permitted to ask a second round of questions of staff.


2 - Motion to Refer Item moved by Councillor Jim Karygiannis (Lost)

That the item be referred to the Executive Director, Municipal Licensing and Standards, with a request to include the following in a report to the General Government and Licensing Committee in the third quarter of 2019:

 

1.  Public safety issues related to:

 

a.  increasing the number of mandatory inspections with inspections to be done by licensing outside service centres for both vehicles-for-hire and private transportation companies and requiring vehicles-for-hire and private transportation companies to be subject to the same inspections;


b.  requiring all vehicles-for-hire and private transportation companies to be equipped with snow tires during the winter season; and


c.  requiring all vehicles-for-hire and private transportation companies to be equipped with in-car cameras.


2.  Training courses by accredited training institutions which should include defensive driving for both vehicles-for-hire and private transportation companies.


3.  The rationale for removing the requirement that all non-accessible replacement vehicles be alternative fuel, hybrid, or low-emission vehicles which assists with environmental sustainability.


4.  Private transportation companies and how they affect and contribute to traffic congestion in the City of Toronto and the possibility of implementing a cap on the number of private transportation companies allowed to operate at any given time in the City.


5.  Addressing the inequity of vehicles-for-hire versus private transportation companies in the City of Toronto through a cap and reduction (though attrition) on the total number of licensed private transportation company drivers.

 

6.  Requiring private transportation company drivers to notify their personal insurance companies that they are operating their vehicles for private transportation company use and requiring private transportation company drivers to provide proof of insurance to the Executive Director, Municipal Licensing and Standards.

Vote (Refer Item) Jun-24-2019

Result: Lost Majority Required
Total members that voted Yes: 1 Members that voted Yes are Jim Karygiannis
Total members that voted No: 4 Members that voted No are Paul Ainslie (Chair), John Filion, Stephen Holyday, Frances Nunziata
Total members that were Absent: 1 Members that were absent are Josh Matlow

3 - Motion to Amend Item moved by Councillor Paul Ainslie (Carried)

That the General Government and Licensing Committee request the Executive Director, Municipal Licensing and Standards, to report directly to City Council at its meeting on July 16 and 17, 2019 on the following:

 

a.  the feasibility and implications of implementing third-party safety training, including options for using accredited training schools, in-class/car training, and other ways to deliver mandated training;

 

b.  opportunities to ensure higher vehicle fuel efficiency standards for vehicles-for-hire, including transitioning to hybrid vehicles or fully-electric vehicles for all vehicles-for-hire;

 

c.  the impact of vehicles-for-hire on traffic congestion and opportunities to mitigate this impact;

 

d.  specific requirements for mobile device holders in vehicles in order to ensure they are mounted securely;

 

e.  requiring stickers cautioning passengers to watch for cyclists when opening doors;

 

f.  the feasibility of continuing the requirement that replacement vehicles for taxicab owners be alternative fuel vehicles, hybrid vehicles, or low-emission vehicles and enacting a new definition for low-emission vehicles to authorize the Executive Director, Municipal Licensing and Standards, to define a low-emission vehicle in accordance with Natural Resources Canada's Fuel Consumption Ratings;

 

g.  the implications and feasibility of requiring private transportation companies, through their software applications or otherwise, to route private transportation company drivers and passengers to pick up and drop off locations where passengers can embark or disembark without the private transportation company vehicle stopping or otherwise obstructing bike lanes, in a manner that is consistent with the existing prohibitions in the City of Toronto Municipal Code Chapter 886 (Footpaths, Pedestrian Ways, Bicycle Paths, Bicycle Lanes and Cycle Tracks) that precludes private transportation company drivers from stopping, standing, parking, loading, or unloading passengers in bike lanes;

 

h.  additional information on the differences between snow, winter, all-season, all-weather, and mud tires and details on industry and insurance standards; and

 

i.  requiring private transportation company drivers to notify their personal insurance companies that they are operating their vehicles for private transportation company use and requiring private transportation company drivers to provide proof of insurance to the Executive Director, Municipal Licensing and Standards.


4 - Motion to Amend Item (Additional) moved by Councillor John Filion (Carried)

That the General Government and Licensing Committee request the Executive Director, Municipal Licensing and Standards, to report directly to City Council at its meeting on July 16 and 17, 2019 on the following:

 

a.  appropriate wait time standards for accessible private transportation companies and vehicles-for-hire, together with a method of monitoring whether these standards are being achieved and what additional measures might be needed to achieve the standards, and provide this information in an Annual Report to City Council through the General Government and Licensing Committee.

 

b.  methods to monitor the following:

 

1.  the number of private transportation company vehicles on the City of Toronto's roads during selected time periods; and

 

2.  the percentage of private transportation company vehicles on the City of Toronto's roads with and without passengers during selected time periods.


5 - Motion to Adopt Item as Amended moved by Councillor Paul Ainslie (Carried)
Source: Toronto City Clerk at www.toronto.ca/council