OTTAWA
CITY COUNCIL
Wednesday, 13 April 2016
10:00
a.m.
Andrew S. Haydon Hall, 110 Laurier Avenue West
MINUTES 29
The Council of the City of Ottawa met
at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on Wednesday, 13
April 2016 beginning at 10:00 a.m.
The Mayor, Jim Watson, presided and
led Council in a moment of reflection.
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CLOSED CAPTIONING TRANSCRIPTS
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(note: the transcript can be found at the Confirmation of Minutes
link)
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The
national anthem was performed by Katie Abdelnour.
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Mayor Jim Watson and
Councillor Catherine McKenney presented the Mayor’s City Builder Award to Donna
Gray in recognition of her work for the Somerset West Community Health Centre
and Good Food Markets, which improve access to healthy foods such as fresh
fruits and vegetables in low-income communities.
All members were present.
No declarations of interest were
filed.
MOTION
NO. 29/1
Moved by Councillor
R. Brockington
Seconded by Councillor J. Leiper
That Community and Protective Services Committee Report 11;
Finance and Economic Development Committee Report 13; and Transportation
Committee Report 13 be received and considered; and
That, pursuant to subsection 35(5) of Procedure By-law 2014-441, Council receive and
consider Agriculture and Rural Affairs Committee Report 14; and
That the Rules of Procedure (Subsection 29.(3)) be
suspended to receive and consider Community and Protective Services Committee
Report 12. Waiver of the Rules is being requested because, due to the length
of the Committee meeting, the Council Report was not ready for distribution to
Members of Council with the draft Agenda.
CARRIED
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COMMITTEE
RECOMMENDATION
That Council
approve an amendment to Zoning By-law 2008-250 for part of 6069 Fourth Line
Road, for the purposes of rezoning a portion of the lands from Agricultural
(AG) to Agricultural Subzone 5 (AG5), to prohibit residential uses on the
retained farmland, as detailed in Document 2.
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CARRIED
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COMMUNITY AND PROTECTIVE SERVICES
COMMITTEE REPORT 11
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COMMITTEE RECOMMENDATIONS AS AMENDED
That Council:
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1. Approve
amendments to Schedule 29 of Licensing By-law No. 2002-189 (as amended)
relating to Pet Shops, as described in this report and in Document 1, to:
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a. Restrict
the sources of cats and dogs available for sale in new pet shops and existing
licensed pet shops, other than those described in recommendation 1b), to
municipal animal shelters, humane societies, societies for the prevention of
cruelty to animals, and rescue organizations; and
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b. Permit the three (3) licensed pet shops
currently selling cats and dogs sourced from commercial establishments to
continue to sell cats and dogs sourced from those establishments identified
in recommendation 1a) as well as those from commercial establishments that
have been inspected annually by an agent authorized under the Ontario
Society for the Prevention of Cruelty to Animals Act or the (Quebec)
Animal Welfare and Safety Act, who has confirmed in writing that the
commercial establishment’s premises, and the animals therein, meet the
requirements of the relevant Act, and that there are no convictions or
outstanding Orders against the owner or operator of the commercial
establishment under the relevant Act, as amended by the following:
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i. That the 3 pet shops identified in
Appendix A in Document 1 of the staff report be required to transition to an
adoption model where they sell, keep or offer for sale cats and dogs
originating only from a municipal animal shelter, a registered humane
society, a registered society for the prevention of cruelty to animals, or a
rescue organization within five (5) years of the date of enactment of the
proposed by-law amendments, and should the pet shop be relocated, or sold or
its ownership otherwise transferred, a new license will be required and the
adoption model will take effect immediately;
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2. Delegate
the authority to finalize and make minor adjustments to the required amending
by-law to give effect to the intent of Council to the General Manager,
Emergency and Protective Services, in consultation with the City Clerk and Solicitor,
as described in this report.
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MOTION NO. 29/2
Moved by Councillor
J. Leiper
Seconded by
Councillor C. McKenney
WHEREAS on March
21, 2016 the Community and Protective Services Committee passed a motion to
allow the three pet shops identified in Appendix A in document 1 of the City of
Ottawa staff report to undergo a five (5) year transition period to an adoption
model where they sell, keep or offer for sale cats and dogs originating only
from a municipal animal shelter, a registered humane society, a registered
society for the prevention of cruelty to animals, or a rescue organization; and
WHEREAS a
transition period is necessary to allow these 3 pet shops to adjust their
business approaches to match the new adoption model; and
WHEREAS all
Ontario municipalities that have already implemented a pet ban had shorter
transition periods which ranged between 3 and 12 months; and
WHEREAS a longer
transition period allows for the potentially prolonged purchasing of
unethically sourced cats and dogs;
THEREFORE BE IT
RESOLVED that the City of Ottawa amend this motion to reduce the transition
period to the adoption model from five (5) years to three (3) years.
LOST on a division of
7 YEAS to 17 NAYS, as follows:
YEAS (7): Councillors J. Leiper, K. Egli, M. Fleury, M. Taylor,
J. Cloutier,
C. McKenney, and D. Chernushenko.
NAYS (17): Councillors R. Brockington, T. Tierney, S. Moffatt, S.
Qadri, J. Mitic,
M. Wilkinson, D. Deans, S. Blais, G. Darouze, A. Hubley, R. Chiarelli,
M. Qaqish, B. Monette, J. Harder, T. Nussbaum, E. El-Chantiry, and Mayor J.
Watson.
MOTION NO. 29/3
Moved by Councillor
R. Brockington
Seconded by
Councillor J. Leiper
THEREFORE BE IT
RESOLVED that licensed pet shops be required to publicly disclose the name of
the breeding establishments from which their cats and dogs are sourced (without
disclosing personal information).
LOST on a division of
5 YEAS to 19 NAYS, as follows:
YEAS (5): Councillors R. Brockington, J. Leiper, J. Cloutier,
C. McKenney, and
D. Chernushenko.
NAYS (19): Councillors T. Tierney, S. Moffatt, S. Qadri, K. Egli,
M. Fleury, M. Taylor, J. Mitic, M. Wilkinson, D. Deans, S. Blais, G. Darouze,
A. Hubley,
R. Chiarelli, M. Qaqish, B. Monette, J. Harder, T. Nussbaum,
E. El-Chantiry, and Mayor J. Watson.
MOTION NO. 29/4
Moved by Councillor
M. Fleury
Seconded by
Councillor C. McKenney
That City Council
amend the report requiring pet shops to provide certificates to clients at the
time of purchase and that we require as part of the license to protect
consumers against the issue of impulse buying for every purchase to require at
least a 48 hour working day return policy.
CARRIED on a division
of 15 YEAS to 9 NAYS, as follows:
YEAS (15): Councillors R. Brockington, T. Tierney, J. Leiper, K.
Egli, M. Fleury,
M. Taylor, J. Mitic, M. Wilkinson, D. Deans, J. Cloutier, C. McKenney,
R. Chiarelli, D. Chernushenko, T. Nussbaum, and Mayor J. Watson.
NAYS (9): Councillors S. Moffatt, S. Qadri, S. Blais, G.
Darouze, A. Hubley,
M. Qaqish, B. Monette, J. Harder, and E. El-Chantiry.
Item 2 of the Council
Agenda, as amended by Motion No. 29/4 and set out in full below for ease of
reference was then put to Council:
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That Council:
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1. Approve
amendments to Schedule 29 of Licensing By-law No. 2002-189 (as amended)
relating to Pet Shops, as described in this report and in Document 1, to:
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a. Restrict the sources of cats and dogs available for sale
in new pet shops and existing licensed pet shops, other than those described
in recommendation 1b), to municipal animal shelters, humane societies, societies
for the prevention of cruelty to animals, and rescue organizations; and
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b. Permit the three (3) licensed pet shops currently
selling cats and dogs sourced from commercial establishments to continue to
sell cats and dogs sourced from those establishments identified in
recommendation 1a) as well as those from commercial establishments that have
been inspected annually by an agent authorized under the Ontario Society for
the Prevention of Cruelty to Animals Act or the (Quebec) Animal
Welfare and Safety Act, who has confirmed in writing that the commercial
establishment’s premises, and the animals therein, meet the requirements of
the relevant Act, and that there are no convictions or outstanding Orders
against the owner or operator of the commercial establishment under the
relevant Act, as amended by the following:
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i. That the 3 pet shops identified in Appendix A in
Document 1 of the staff report be required to transition to an adoption model
where they sell, keep or offer for sale cats and dogs originating only from a
municipal animal shelter, a registered humane society, a registered society
for the prevention of cruelty to animals, or a rescue organization within
five (5) years of the date of enactment of the proposed by-law amendments,
and should the pet shop be relocated, or sold or its ownership otherwise
transferred, a new license will be required and the adoption model will take
effect immediately;
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2. Amend
the report requiring pet shops to provide certificates to clients at the time
of purchase and that we require as part of the license to protect consumers
against the issue of impulse buying for every purchase to require at least a
48 hour working day return policy;
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3. Delegate
the authority to finalize and make minor adjustments to the required amending
by-law to give effect to the intent of Council to the General Manager,
Emergency and Protective Services, in consultation with the City Clerk and
Solicitor, as described in this report.
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Item 2 CARRIED, as
amended, on a division of 21 YEAS to 3 NAYS, as follows:
YEAS (21): Councillors R. Brockington, T. Tierney, S. Qadri, J.
Leiper, K. Egli,
M. Fleury, M. Taylor, J. Mitic, M. Wilkinson, D. Deans, J. Cloutier,
C. McKenney, G. Darouze, A. Hubley, M. Qaqish, B. Monette, J. Harder, D. Chernushenko,
T. Nussbaum, E. El-Chantiry, and Mayor J. Watson.
NAYS (3): Councillors S. Moffatt, S. Blais, and R. Chiarelli.
COMMITTEE
RECOMMENDATIONS AS AMENDED
That Council:
1.
Receive the KMPG report entitled “City of
Ottawa Taxi and Limousine Regulation and Service Review”, attached as Document
1 and referenced in this report,
2.
Approve new regulations for Private
Transportation Companies (PTCs) , effective September 30, 2016, as described
in this report and in the draft by-law attached as Document 2, as amended,
including the following:
a.
Establishing a license fee that includes
a per trip charge of $.11 and an annual license fee that reflects the size of
the company, as follows:
i. A PTC with 1 to 24 affiliated vehicles: $ 807;
ii. A PTC with 25 to 99 affiliated vehicles: $ 2,469;
iii. A PTC with 100 or more affiliated vehicles: $ 7,253;
b.
Requiring each PTC to obtain minimum
insurance levels of $5 million in Commercial Liability and $5 million in
Non-Owned Automobile insurance for itself, and require that each PTC driver
obtain Automobile Insurance suitable for part-time drivers providing
transportation services for compensation;
c.
Requiring all drivers to provide
mandatory annual Police Vulnerable Sector Records Check, Statement of Driving
Record and a Ministry of Transportation safety standards certificate for
vehicles to the company;
d.
Requiring all vehicles be no more than 10
years old, with biannual inspections for vehicles greater than 5 years of age;
e.
Requiring that rides can only be procured
through a pre-arranged app;
i. Accepting hails is prohibited;
ii. Using taxi stands is prohibited;
f.
Delegating to the General Manager,
Emergency and Protective Services, in consultation with the City Clerk and
Solicitor, the authority to negotiate, finalize and execute the establishment
of a voluntary, per-trip surcharge for accessibility, with any funds received
from this surcharge to be directed to a dedicated reserve fund, as described in
this report;
g.
Directing that the General Manager,
Emergency and Protective Services work with the City’s Accessibility Unit,
the Accessibility Advisory Committee, Para Transpo and other internal and
external stakeholders to develop a strategy with respect to how new fees
generated through an accessibility levy could be used to offset costs for a
number of programs supporting accessible transportation, including but not
limited to enhancing the taxi coupon program, and report back to Committee and
Council with a recommended approach; and
i.
That the General Manager, Emergency and Protective
Services be delegated the authority to form a Steering Committee for these
consultations that will include the Chair of the Accessibility Advisory
Committee, an additional member of the Accessibility Advisory Committee, and
Councillor Qadri, as their Council liaison; and
ii.
That, should the Steering Committee or the consultations
identify that other provincial regulations might need to be amended to help
make Private Transportation Companies more accessible, including the need for
amendments to Accessibility for Ontarians with Disabilities Act, 2005, that
the Accessibility Advisory Committee’s Workplan be amended to include
consideration of these matters, as related to the Vehicle-for-Hire By-law;
h.
Requiring that Private Transportation
Companies comply with other administration- and enforcement-related
requirements with respect to the by-law, as outlined in this report and as
amended by the following:
i.
Approve amendments to Document 2,
pertaining to Private Transportation Companies to provide the Chief License
Inspector with the same summary suspension authority for Private Transportation
Company licenses as found in Sections 113 – 115 of the Taxi By-law, including:
a)
The authority to suspend a license for
emergencies, including issues pertaining to breaches of the by-law by the
licensee, conduct adverse to the public interest, and where the licensee’s
insurance has expired;
b)
That such authority shall contain the
requirement to provide notice to the licensee prior to suspension together with
an opportunity to respond;
c)
That the maximum suspension be 14 days;
and
d)
That the licensee shall be prohibited
from conducting the licensed business throughout the period of the suspension.
ii.
That each Private Transportation Company be required to
provide to the Chief License Inspector an up-to-date list of all driver
information including name, address, confirmation of insurance coverage,
confirmation of police records check, appropriate driving record and make,
model and year of vehicle and license plate information, including any changes
to the list relating to by-law compliance matters, in a form prescribed by the
City, no later than 2 weeks prior to the effective date of proposed new By-law,
and every three months after the effective date of the By-law or on a schedule
that will be provided by the Chief License Inspector, and that an appropriate offence
be created in the By-law for non-compliance by the company with this
requirement; and
iii.
That, should a Private Transportation Company fail to
provide the list as described in this motion having been provided with notice
from the Chief License Inspector and been given an opportunity to reply as
required under the Municipal Act, 2001, the Chief License Inspector be
delegated the authority to summarily suspend the company’s license for a period
not to exceed 14 days, until such time as the list is provided to the City’s
satisfaction, and that furthermore the Chief License Inspector also take
enforcement action for the related offences noted above, which in addition to
set fines, may include a minimum fine of $500 and a maximum of $100,000 for
convictions for such offences;
iv.
Direct staff to bring forward a
compliance report on Private Transportation Companies (PTCs) as follows:
a)
Information with respect to how PTCs have
or have not complied with the regulations stipulated in the new by-law,
including information about enforcement activities and results; and
b)
All progress with respect to any
accessibility undertakings approved by Council for the PTC category; and
c)
That this staff report be brought
forward as an Information Previously Distributed Report to the Community and
Protective Services Committee every six months in the first year following the
effective date of the proposed new by-law, and on an annual basis after the
first year of the by-law taking effect;
v.
Approve that Subsection 12(d), clause
(iv) of Document 2 of the staff report, pertaining to proposed regulations for
Private Transportation Companies (PTC), be amended such that the location
reference be restricted to the nearest intersection or the 3 digit postal code;
vi.
Direct the City Clerk and Solicitor to
request that the Canada Revenue Agency review the obligations of Private
Transportation Companies and their affiliated drivers to collect and remit HST
in Ontario, and formally respond to the City of Ottawa's request with related
requirements and processes, if necessary; and
a) That the response be reported back to Committee and Council.
3.
Subject to the approval of Recommendation
2, approve the amendments to the Taxi By-law (2012-258, as amended), effective
September 30, 2016, as described in this report and in the drafting
instructions attached as Document 3, as amended, including the following:
a.
Reducing standard taxi driver license fee
from $170 to $96;
b.
Waiving the accessible taxi driver
license fee;
c.
Eliminating the requirement for the Taxi
Driver Education Program and the refresher training course (retaining the
Accessible Taxicab Training Course);
d.
Eliminating the uniform and street guide
requirements;
e.
Permitting that rides pre-arranged
through an app may be set at a rate below the maximum fare prescribed in the
by-law, as amended by the following:
i.
To provide flexibility of pricing based
on different service and vehicle types, specifically the application of a
surcharge to a maximum of $15, and to provide for a $5 cancellation fee should
the fare be cancelled at the door, on the condition that the customer is made
aware of the surcharges in advance of accepting the service, and has the
opportunity to decline; and
ii.
That the aforementioned surcharge shall
not apply to a person who requires an accessible vehicle for purposes of a
wheelchair, mobility aid or mobility assistive device.
f.
Eliminating the $1.50 credit card
processing fee;
g.
Eliminating taxicab vehicle standards
with respect to interior and trunk size, seating capacity and window tinting;
h.
Increasing the allowable vehicle age from
8 to 10 years, with authority delegated to the Chief License Inspector to
disqualify a vehicle in the interest of public safety;
i.
Amending the requirement for in-vehicle
cameras to specify minimum standards rather than specific makes and models;
j.
Expanding the regulated area to include
the entire City of Ottawa;
k.
Amending the ratio of
plates-to-population from 1:784 to 1:806;
l.
Increasing liability insurance
requirement from $2 million Commercial General Liability to $5 million Motor
Vehicle Liability for Taxi Plate Holders (covering all drivers who drive a
taxicab), and introducing similar insurance requirements for Taxi Brokers;
m.
Including the minor administrative and
technical amendments outlined in Document 3.
4.
Subject to approval of Recommendation 2,
approve the amendments to Schedule 10 to the Licensing By-law (2002-189, as
amended) relating to limousine service, effective September 30, 2016, as
described in this report and in the drafting instructions attached as Document
4, as amended, including the following:
a.
Establishing an auxiliary service
category to address other service models, such as special senior assistance
services and “responsible choice”-type services;
b.
Establishing a maximum vehicle age of 10
years, with biannual inspections for vehicles greater than 5 years of age,
except for the “vintage” category;
c.
Refining the definition of limousine and
realigning vehicle features to ensure vehicles are “luxury” and are
distinguished from other vehicles for hire;
d.
Requiring a minimum insurance level of $5
million in Commercial General Liability and Motor Vehicle Liability;
e.
Requiring all limousine drivers to
provide mandatory Police Vulnerable Sector Records Check, to be coordinated by
the limousine operator, and an annual acceptable Statement of Driving Record;
f.
Increasing the minimum fare from $67.50
for the first 90 minutes and $45.00 for each additional hour, to $75.00 and
$50.00 respectively, exclusive of HST;
g.
Including the minor administrative and
technical amendments outlined in Document 4, as amended by the following:
i.
approve amendments to Document 4,
pertaining to Limousine Service Providers, to provide the Chief License
Inspector with the same summary suspension authority for limousine and Private
Transportation Company licenses as found in Sections 113 – 115 of the Taxi
By-law, including:
a)
The authority to suspend a license for
emergencies, including issues pertaining to breaches of the by-law by the
licensee, conduct adverse to the public interest, and where the licensee’s
insurance has expired;
b)
That such authority shall contain the
requirement to provide notice to the licensee prior to suspension together with
an opportunity to respond;
c)
That the maximum suspension be 14 days;
and
d)
That the licensee shall be prohibited from
conducting the licensed business throughout the period of the suspension.
5.
Petition the Province to approve
legislative amendments to:
a.
Provide enhanced enforcement powers and
amend penalties in relation to municipal vehicle-for-hire by-laws and under the
Highway Traffic Act for both Municipal and Provincial enforcement staff
related to unauthorized vehicles-for-hire, including the ability to:
i. Tie outstanding violations to plate denial;
ii. Issue higher fines (not less than $500 and no more than
$30,000);
iii. Apply three demerit points for non compliance;
iv. Impose administrative license suspensions.
b.
Provide authority for the City of Ottawa
(either through the City of Ottawa Act, 1999 or the Municipal
Act, 2001) to impose and implement, as part of any vehicle-for-hire
regulations, an accessibility levy to be applied to those Private
Transportation Companies that do not offer accessible vehicle-for-hire services
to the City’s standards, where such payment is to be used to promote and foster
accessible transportation services;
c.
Amend the Accessibility for Ontarians
with Disabilities Act, 2005 to include a reference to Private
Transportation Companies to establish a linkage to the accessibility levy
referenced in recommendation 5.b), to ensure that appropriate accessible
transportation requirements are mandated for Private Transportation Companies
and to foster a more level playing field with taxicabs and accessible taxicabs
already captured in the Act and its regulations.
6.
Delegate the authority to the General
Manager, Emergency and Protective Services and the City Clerk and Solicitor to
combine the by-laws referenced in and amended by Recommendations 2, 3 and 4 to
create a consolidated Vehicle-for-Hire By-law, and to finalize and make any
necessary adjustments to the Vehicle-for-Hire By-law to give effect to the
intent of Council, as amended by the following:
a.
Amending the vehicle safety certificate
requirements across all vehicle for hire categories, specifically in
Recommendation 2 and Document 2, pertaining to Private Transportation Companies
and their affiliated Drivers; Recommendation 3, and Document 3, pertaining to
Taxi Brokers and Taxi Plate Holders (who cover Taxi Drivers); and
Recommendation 4, and Document 4, pertaining to Limousine Service providers,
to provide that alternative and equivalent vehicle safety verification
processes may be used provided they are approved by the Chief License
Inspector; and
b.
Amending the insurance requirements
across all vehicle for hire categories, specifically in Recommendation 2.b. and
Document 2, pertaining to Private Transportation Companies and their affiliated
Drivers; Recommendation 3.l., and Document 3, pertaining to Taxi Brokers and
Taxi Plate Holders (who cover Taxi Drivers); and Recommendation 4.6., and
Document 4, pertaining to Limousine Service providers, to provide that
alternative and equivalent insurance may be provided by the driver or licensee,
as the case may be, to the satisfaction of the City Clerk and Solicitor; and
c.
Amending the insurance requirement for
Private Transportation Company (PTC) Drivers in Document 2 to add the provision
that any equivalent endorsement or automobile liability insurance approved by
the Financial Services Commission of Ontario for PTC use may be obtained,
subject to approval by the City Clerk and Solicitor, and furthermore that such
coverage may be maintained by the PTC Driver, the affiliated PTC, or any
combination of the two provided that if the PTC Driver fails to obtain the
required coverage, or the coverage lapses, such coverage must be maintained by
the affiliated PTC;
7.
Direct the Chief License Inspector to
examine what licensing tools the City might be able to use to also encourage
Private Transportation Companies and Limousines to use hybrid, electric or other
low-emission vehicles and report back as part of the first annual report on the
Vehicles-for-Hire By-law.
MOTION NO. 29/5
Moved by Councillor
R. Brockington
Seconded by
Councillor J. Harder
WHEREAS the
Committee report recommends that the requirement for in-vehicle cameras
continue to be required for taxicabs in order to maintain public safety, given
that taxis would continue to be the only vehicle-for-hire that can accept cash
and street hails, and use taxi stands; and
WHEREAS in-vehicle
cameras are not proposed for Private Transportation Companies (PTCs) due to the
mutual identification of both driver and passenger through the app, no cash
transactions and no street hails; and
WHEREAS some
Members of Council have expressed concerns with respect to whether or not the
rating system used by the app provides sufficient consumer protection, and
believe that in-vehicle cameras might be a necessary layer of protection for
the consumer; and
WHEREAS staff will
be reporting on the compliance issues for the new Vehicle-for-Hire with a
verbal update after 3 months, and a written report 6 months following the
implementation date, and then again at the one-year mark; and
WHEREAS, after one
year, staff and Council will have received feedback on safety issues, and Council
would be able to revisit the issue of in-vehicle cameras for PTCs if there were
identified public safety and consumer protection issues that could be addressed
by adding this requirement to the by-law, as such issues would be considered
new information;
THEREFORE BE IT
RESOLVED that City Council direct the Chief License Inspector to examine the
issue of safety complaints with respect to Private Transportation Companies and
include this information in the one-year compliance report on the
Vehicle-for-Hire By-law, with specific reference to staff’s assessment as to
the need for Council to consider the addition of in-vehicle cameras for Private
Transportation Companies as a requirement to the By-law at that time.
CARRIED with
Councillors R. Chiarelli, E. El-Chantiry, B. Monette and M. Qaqish dissenting.
MOTION NO. 29/6
Moved by Councillor
G. Darouze
Seconded by
Councillor M. Fleury
WHEREAS the
Community and Protective Services Committee is recommending that the City Clerk
and Solicitor ask the Canada Revenue Agency (CRA) to provide the City of Ottawa
with advice on the obligations of Private Transportation Companies (PTC) and
their affiliated drivers to collect and remit HST, and that the City Clerk and
Solicitor report any information received in response from the CRA; and
WHEREAS some parts
of the taxi industry have requested that any HST obligations currently
undertaken by taxi licensees are mirrored in the City’s proposed PTC
regulations; and
WHEREAS some
Members of Council wish to have the ability to address this request, should the
response from the CRA indicate that this is a
requirement of federal tax law and/or a practical requirement that the Vehicle-for-Hire By-law should address; and
WHEREAS staff will
be reporting on the compliance issues for the new Vehicle-for-Hire with a
verbal update after 3 months, and a written report 6 months following the
implementation date, and then again at the one-year mark; and
THEREFORE BE IT
RESOLVED that Council direct staff to review the response received from the
Canada Revenue Agency, and include any recommended by-law amendments for
Private Transportation Companies to address HST obligations, if appropriate and
required, and that a similar review be made with respect to all vehicles for
hire, if appropriate and required, as part of the compliance report following
the receipt of the federal government response.
CARRIED
MOTION NO. 29/7
Moved by Councillor
S. Moffatt
Seconded by
Councillor A. Hubley
WHEREAS the
Community and Protective Services Committee recommends that all
vehicle-for-hire licensee categories be required to obtain and maintain $5
Million insurance limits with respect to either Automobile Liability Insurance
or Non-Owned Automobile Liability Insurance, as the case may be, depending upon
whether the particular licensee owns the vehicle used for the licensed
business; and
WHEREAS this is in
addition to a requirement for Taxi Brokers, Taxi plate Holders, Limousine
Service providers, and the new Private Transportation Company licensees to also
obtain Commercial General Liability Insurance; and
WHEREAS
stakeholders from the Private Transportation Company industry have advised that
the proposed $5 Million limit for Automobile Insurance (both Owned and
Non-Owned, as the case may be) is onerous and, furthermore, representatives of
Intact Insurance have also advised that it is not required at this time; and
WHEREAS the taxi
industry is currently required to have $2 million Automobile Liability
Insurance, and the limousine industry currently is required to have $1 million
in Automobile Liability Insurance, and this has been identified as a common
element in the staff report; and
WHEREAS the KPMG
report recommended a $2 million threshold;
THEREFORE BE IT
RESOLVED that Council approve an amendment to reduce the Automobile Insurance
requirements (both Owned and Non-Owned, as the case may be, depending on the
category of Licensee) for all vehicle-for-hire categories from $5 Million to $2
Million, as follows:
1.
Private Transportation Company (PTC)
licensees in respect of Non-Owned Automobile Insurance requirements and PTC
Drivers in respect of Automobile Insurance, as provided in Recommendation 2.b.
and Document 2;
2.
Taxi Brokers in respect of Non-Owned
Automobile Insurance Requirements, as provided in Recommendation 3.l., and
Document 3;
3.
Taxi plate Holders in respect of
Automobile Insurance requirements (covering each Taxicab Driver authorized to
drive the taxicab), as provided in Recommendation 3.l and Document 3; and,
4.
Limousine Service providers in respect of
Automobile Insurance, as provided in Recommendation 4.6., and Document 4.
BE IT FURTHER RESOLVED that the City of Ottawa write to the Financial Services
Commission of Ontario to request they review the availability of insurance
products for all types of taxi, PTC and all other people transportation
services to ensure the voluntary market (as opposed to facility association)
offers products commensurate with the levels of insurance commonly requested
for purchase.
Motion No.
29/7 was put to Council and was divided for voting purposes, as follows:
THEREFORE BE IT
RESOLVED that Council approve an amendment to reduce the Automobile Insurance
requirements (both Owned and Non-Owned, as the case may be, depending on the
category of Licensee) for all vehicle-for-hire categories from $5 Million to $2
Million, as follows:
1.
Private Transportation Company (PTC)
licensees in respect of Non-Owned Automobile Insurance requirements and PTC
Drivers in respect of Automobile Insurance, as provided in Recommendation 2.b.
and Document 2;
2.
Taxi Brokers in respect of Non-Owned
Automobile Insurance Requirements, as provided in Recommendation 3.l., and
Document 3;
3.
Taxi plate Holders in respect of
Automobile Insurance requirements (covering each Taxicab Driver authorized to
drive the taxicab), as provided in Recommendation 3.l and Document 3; and,
4.
Limousine Service providers in respect of
Automobile Insurance, as provided in Recommendation 4.6., and Document 4.
CARRIED on a division
of 13 YEAS to 11 NAYS, as follows:
YEAS (13): Councillors S. Moffatt, J. Leiper, M. Fleury, M.
Taylor, J. Mitic,
M. Wilkinson, D. Deans, J. Cloutier, C. McKenney, A. Hubley, J. Harder, T.
Nussbaum, and Mayor J. Watson
NAYS (11): Councillors R. Brockington, T. Tierney, S. Qadri, K.
Egli, S. Blais,
G. Darouze, R. Chiarelli, M. Qaqish, B. Monette, D. Chernushenko, and
E. El-Chantiry.
BE IT FURTHER RESOLVED that the City of Ottawa write to the Financial Services
Commission of Ontario to request they review the availability of insurance
products for all types of taxi, PTC and all other people transportation
services to ensure the voluntary market (as opposed to facility association)
offers products commensurate with the levels of insurance commonly requested
for purchase.
CARRIED with
Councillors G. Darouze and M. Qaqish dissenting.
MOTION NO. 29/8
Moved by Councillor
T. Tierney
Seconded by
Councillor G. Darouze
WHEREAS
municipalities regulate the age of vehicles-for-hire to ensure that they have
up-to-date safety features and that the vehicles are reasonably new and in good
condition, and this approach is effective, easily understood and simple to
enforce; and
WHEREAS on April
11, 2012, Council approved a maximum vehicle age of eight years for taxicabs,
and there currently is no age limit on limousines; and
WHEREAS the
Community and Protective Services Committee report titled, “Regulating
Vehicles-for-Hire in the City of Ottawa – Taxis, Limousines and Private
Transportation Companies,” (ACS2016-COS-EPS-0012) recommends increasing the
maximum vehicle age for taxicabs to 10 years and establishing a maximum vehicle
age of 10 years for Private Transportation Companies and limousines outside of
the “vintage” category, with biannual inspections for all vehicles greater than
five years of age, based on recommendations set out in the KPMG final report;
and
WHEREAS
stakeholder feedback has indicated that a maximum vehicle age of eight years is
satisfactory and in some cases preferable, and staff concurs that newer
vehicles support guiding principles of consumer protection and public safety;
THEREFORE BE IT
RESOLVED that Council approve that the maximum vehicle age of eight years for
taxicabs, as set out in the Taxi By-law (2012-258, as amended), be retained and
that a maximum vehicle age of eight years be established for Private
Transportation Companies and limousines outside of the “vintage” category, with
biannual inspections for all vehicles greater than five years of age.
LOST on a division of
12 YEAS to 12 NAYS, as follows:
YEAS (12): Councillors T. Tierney, J. Leiper, K. Egli, M. Taylor,
M. Wilkinson,
D. Deans, C. McKenney, G. Darouze, R. Chiarelli, J. Harder,
E. El-Chantiry, and Mayor J. Watson.
NAYS (12): Councillors R. Brockington, S. Moffatt, S. Qadri, M.
Fleury, J. Mitic,
J. Cloutier, S. Blais, A. Hubley, M. Qaqish, B. Monette, D. Chernushenko, and
T. Nussbaum.
MOTION NO. 29/9
Moved by Councillor
S. Moffatt
Seconded by
Councillor C. McKenney
WHEREAS the City
of Ottawa has issued 1,188 taxi plates, including 1,001 standard taxi plates
and 187 accessible taxi plates, and it is desirable to establish an equitable
and uniform structure for taxi plate ownership with respect to any new taxi
plates that are issued as well as for all previously issued taxi plates; and
WHEREAS the Taxi
By-law (2012-258, as amended) provides for the transfer of:
i.
a standard taxi plate holder
license,
ii. an accessible taxi plate holder license that was converted
from a standard taxi plate holder license, and
iii. an accessible taxi plate holder license provided that the
transfer takes place more than five years after the date of issuance of the
original accessible taxi plate holder license or the date of a transfer
authorized under the by-law; and
WHEREAS any new
taxi plate holder licenses issued must be for accessible vehicles, and the
Chief License Inspector would be in a position to put four additional
accessible taxicabs into circulation for service should Council approve
recommendations in the staff report titled, “Regulating Vehicles-for-Hire in
the City of Ottawa – Taxis, Limousines and Private Transportation Companies,”
(ACS2016-COS-EPS-0012) to expand the regulated area to include the entire City
of Ottawa and to amend the ratio of plates-to-population from 1:784 to 1:806;
and
WHEREAS accessible
taxi plates were originally intended to be non-transferable, and this is a good
time to re-introduce that concept into the new vehicle-for-hire by-law;
THEREFORE BE IT
RESOLVED that City Council approve that all new taxi plate holder licenses
issued by the City of Ottawa be non-transferable, including the four accessible
taxi plate holder licenses that may be approved as part the recommendations
related to the, “Regulating Vehicles-for-Hire in the City of Ottawa –
Taxis, Limousines and Private Transportation Companies” (ACS2016-COS-EPS-0012);
and
BE IT FURTHER
RESOLVED that any new names for the Accessible Taxicab Priority Waiting List be
restricted to only those licensed taxicab drivers who are not accessible or
standard taxi plate holders.
MOTION NO. 29/10
Moved by Councillor
E. El-Chantiry
Seconded by
Councillor R. Chiarelli
That Motion No.
29/9 be referred to the Community and Protective Services Committee.
LOST on a division of
8 YEAS to 16 NAYS, as follows:
YEAS (8): Councillors R. Brockington, T. Tierney, S. Qadri, K.
Egli, M. Wilkinson,
R. Chiarelli, B. Monette, and E. El-Chantiry.
NAYS (16): Councillors S. Moffatt, J. Leiper, M. Fleury, M.
Taylor, J. Mitic, D. Deans, J. Cloutier, S. Blais, C. McKenney, G. Darouze, A.
Hubley, M. Qaqish,
J. Harder, D. Chernushenko, T. Nussbaum, and Mayor J. Watson.
Motion No. 29/9 was
then put to Council and was divided for voting purposes, as follows:
THEREFORE BE IT
RESOLVED that City Council approve that all new taxi plate holder licenses
issued by the City of Ottawa be non-transferable, including the four accessible
taxi plate holder licenses that may be approved as part the recommendations
related to the, “Regulating Vehicles-for-Hire in the City of Ottawa –
Taxis, Limousines and Private Transportation Companies” (ACS2016-COS-EPS-0012);
and
CARRIED with Councillor
M. Taylor dissenting.
BE IT FURTHER
RESOLVED that any new names for the Accessible Taxicab Priority Waiting List be
restricted to only those licensed taxicab drivers who are not accessible or
standard taxi plate holders.
CARRIED with
Councillors R. Chiarelli and E. El-Chantiry dissenting.
MOTION NO. 29/11
Moved by Councillor
E. El-Chantiry
Seconded by
Councillor R. Chiarelli
WHEREAS, in 2005,
City Council approved a recommendation that all taxicabs be equipped with
security cameras as a means of protecting and enhancing driver and passenger
safety and as a deterrent to bad behaviour and acts of violence and that such
cameras would be mandatory in 2008; and
WHEREAS the staff
report recommends that the requirement for in-vehicle cameras continue to be
required for taxicabs in order to maintain public safety, but that the by-law
specify minimum standards rather than specific makes and models; and
WHEREAS in-vehicle
cameras are not proposed for Private Transportation Companies (PTCs); and
WHEREAS public
safety was one of the Council-approved guiding principles of the regulatory
review and the data collected by in-vehicle cameras is beneficial to the Ottawa
Police Service during criminal investigations; and,
WHEREAS the
security cameras in taxicabs are regulated by an Access and Privacy Policy the
purpose of which is to strike a balance between
enhancing the safety of both taxicab drivers and members of the public,
while at the same time protecting the personal information of individuals and
minimizing intrusions to personal privacy as much as possible; and
WHEREAS in order to ensure the integrity of the data collected for
law enforcement and court proceedings, taxicab security cameras are required to
be continually running when the taxi is in operation (not under the control of
the driver or occupants) and be tamper proof, and must only be accessed by
authorized personnel from the Ottawa Police Service for a law enforcement
purpose; and,
THEREFORE BE IT
RESOLVED that Council approve amending Recommendation 2 such that in-vehicle
cameras similar to the ones required for taxicabs be required for Private
Transportation Companies and be regulated by an appropriate Access and Privacy
policy, including the provision of notice by the driver to passengers that a
camera is present in the vehicle.
LOST on a division of
9 YEAS to 15 NAYS, as follows:
YEAS (9): Councillors T. Tierney, K. Egli, M. Taylor, M.
Wilkinson, S. Blais,
R. Chiarelli, M. Qaqish, B. Monette, and E. El-Chantiry.
NAYS (15): Councillors R. Brockington, S. Moffatt, S. Qadri, J.
Leiper, M. Fleury,
J. Mitic, D. Deans, J. Cloutier, C. McKenney, G. Darouze, A. Hubley,
J. Harder, D. Chernushenko, T. Nussbaum and Mayor J. Watson.
MOTION NO. 29/12
Moved by Councillor
S. Blais
Seconded by Councillor
M. Qaqish
WHEREAS the staff
report recommends the establishment of a new business licensing category for
Private Transportation Companies (PTCs) based on the City’s current legislative
authorities found in Part IV of the Municipal Act, 2001 to license
businesses and trades; and
WHEREAS Part IV of
the Municipal Act, 2001 defines the City’s ability to establish rates as
limited to the owners and drivers of taxicabs (and tow trucks, which the City
does not currently license); and
WHEREAS Council
believes it is in the best interest of Ottawa consumers for the City to have
similar statutory authority with respect to PTCs;
THEREFORE BE IT
RESOLVED That City Council approve that the City ask the Province of Ontario to
amend Part IV of the Municipal Act, 2001, to provide authority for
municipalities licensing Private Transportation Companies to establish their
rates and fares by by-law, and to provide for their collection, in a similar
manner to what is currently permitted for taxicabs and tow trucks.
CARRIED
Item 3 of the Council
Agenda, as amended by Motion Nos. 29/5, 29/6, 29/7, 29/9, and 29/12 and set out
in full below for ease of reference, was then put to Council:
That Council:
1.
Receive the KMPG report entitled “City of
Ottawa Taxi and Limousine Regulation and Service Review”, attached as Document
1 and referenced in this report,
2.
Approve new regulations for Private
Transportation Companies (PTCs) , effective September 30, 2016, as described
in this report and in the draft by-law attached as Document 2, as amended,
including the following:
a.
Establishing a license fee that includes
a per trip charge of $.11 and an annual license fee that reflects the size of
the company, as follows:
i. A PTC with 1 to 24 affiliated vehicles: $ 807;
ii. A PTC with 25 to 99 affiliated vehicles: $ 2,469;
iii. A PTC with 100 or more affiliated vehicles: $ 7,253;
b.
Requiring each PTC to obtain minimum
insurance levels of $5 million in Commercial Liability and $5 million in
Non-Owned Automobile insurance for itself, and require that each PTC driver
obtain Automobile Insurance suitable for part-time drivers providing
transportation services for compensation, as amended to reduce the Automobile Insurance requirements (both Owned and
Non-Owned, as the case may be, depending on the category of Licensee) for all
vehicle-for-hire categories from $5 Million to $2 Million, as follows:
i.
Private Transportation Company (PTC)
licensees in respect of Non-Owned Automobile Insurance requirements and PTC
Drivers in respect of Automobile Insurance, as provided in Recommendation 2.b.
and Document 2;
c.
Requiring all drivers to provide
mandatory annual Police Vulnerable Sector Records Check, Statement of Driving
Record and a Ministry of Transportation safety standards certificate for
vehicles to the company;
d.
Requiring all vehicles be no more than 10
years old, with biannual inspections for vehicles greater than 5 years of age;
e.
Requiring that rides can only be procured
through a pre-arranged app;
i. Accepting hails is prohibited;
ii. Using taxi stands is prohibited;
f.
Delegating to the General Manager,
Emergency and Protective Services, in consultation with the City Clerk and
Solicitor, the authority to negotiate, finalize and execute the establishment
of a voluntary, per-trip surcharge for accessibility, with any funds received
from this surcharge to be directed to a dedicated reserve fund, as described in
this report;
g.
Directing that the General Manager,
Emergency and Protective Services work with the City’s Accessibility Unit,
the Accessibility Advisory Committee, Para Transpo and other internal and
external stakeholders to develop a strategy with respect to how new fees
generated through an accessibility levy could be used to offset costs for a
number of programs supporting accessible transportation, including but not
limited to enhancing the taxi coupon program, and report back to Committee and
Council with a recommended approach; and
i.
That the General Manager, Emergency and Protective
Services be delegated the authority to form a Steering Committee for these
consultations that will include the Chair of the Accessibility Advisory
Committee, an additional member of the Accessibility Advisory Committee, and
Councillor Qadri, as their Council liaison; and
ii.
That, should the Steering Committee or the consultations
identify that other provincial regulations might need to be amended to help
make Private Transportation Companies more accessible, including the need for
amendments to Accessibility for Ontarians with Disabilities Act, 2005, that
the Accessibility Advisory Committee’s Workplan be amended to include
consideration of these matters, as related to the Vehicle-for-Hire By-law;
h.
Requiring that Private Transportation
Companies comply with other administration- and enforcement-related
requirements with respect to the by-law, as outlined in this report and as
amended by the following:
i.
Approve amendments to Document 2,
pertaining to Private Transportation Companies to provide the Chief License
Inspector with the same summary suspension authority for Private Transportation
Company licenses as found in Sections 113 – 115 of the Taxi By-law, including:
a)
The authority to suspend a license for
emergencies, including issues pertaining to breaches of the by-law by the
licensee, conduct adverse to the public interest, and where the licensee’s
insurance has expired;
b)
That such authority shall contain the
requirement to provide notice to the licensee prior to suspension together with
an opportunity to respond;
c)
That the maximum suspension be 14 days;
and
d)
That the licensee shall be prohibited
from conducting the licensed business throughout the period of the suspension.
ii.
That each Private Transportation Company be required to
provide to the Chief License Inspector an up-to-date list of all driver
information including name, address, confirmation of insurance coverage,
confirmation of police records check, appropriate driving record and make,
model and year of vehicle and license plate information, including any changes
to the list relating to by-law compliance matters, in a form prescribed by the
City, no later than 2 weeks prior to the effective date of proposed new By-law,
and every three months after the effective date of the By-law or on a schedule
that will be provided by the Chief License Inspector, and that an appropriate
offence be created in the by-law for non-compliance by the company with this
requirement; and
iii.
That, should a Private Transportation Company fail to
provide the list as described in this motion having been provided with notice
from the Chief License Inspector and been given an opportunity to reply as
required under the Municipal Act, 2001, the Chief License Inspector be
delegated the authority to summarily suspend the company’s license for a period
not to exceed 14 days, until such time as the list is provided to the City’s
satisfaction, and that furthermore the Chief License Inspector also take
enforcement action for the related offences noted above, which in addition to
set fines, may include a minimum fine of $500 and a maximum of $100,000 for convictions
for such offences;
iv.
Direct staff to bring forward a
compliance report on Private Transportation Companies (PTCs) as follows:
a)
Information with respect to how PTCs have
or have not complied with the regulations stipulated in the new by-law,
including information about enforcement activities and results; and
b)
All progress with respect to any
accessibility undertakings approved by Council for the PTC category; and
c)
That this staff report be brought
forward as an Information Previously Distributed Report to the Community and
Protective Services Committee every six months in the first year following the
effective date of the proposed new by-law, and on an annual basis after the
first year of the by-law taking effect;
v.
Approve that Subsection 12(d), clause (iv)
of Document 2 of the staff report, pertaining to proposed regulations for
Private Transportation Companies (PTC), be amended such that the location
reference be restricted to the nearest intersection or the 3 digit postal code;
vi.
Direct the City Clerk and Solicitor to
request that the Canada Revenue Agency review the obligations of Private
Transportation Companies and their affiliated drivers to collect and remit HST
in Ontario, and formally respond to the City of Ottawa's request with related
requirements and processes, if necessary; and
a)
That the response be reported back to
Committee and Council;
b)
Direct staff to review the response
received from the Canada Revenue Agency, and include any recommended by-law
amendments for Private Transportation Companies to address HST obligations, if
appropriate and required, and that a similar review be made with respect to all
vehicles for hire, if appropriate and required, as part of the compliance
report following the receipt of the federal government response; and
i.
Direct the Chief License Inspector to
examine the issue of safety complaints with respect to Private Transportation
Companies and include this information in the one-year compliance report on the
Vehicle-for-Hire By-law, with specific reference to staff’s assessment as to
the need for Council to consider the addition of in-vehicle cameras for Private
Transportation Companies as a requirement to the By-law at that time;
j.
Approve that the City ask the Province of
Ontario to amend Part IV of the Municipal Act, 2001, to provide
authority for municipalities licensing Private Transportation Companies to
establish their rates and fares by by-law, and to provide for their collection,
in a similar manner to what is currently permitted for taxicabs and tow trucks.
3.
Subject to the approval of Recommendation
2, approve the amendments to the Taxi By-law (2012-258, as amended), effective
September 30, 2016, as described in this report and in the drafting
instructions attached as Document 3, as amended, including the following:
a.
Reducing standard taxi driver license fee
from $170 to $96;
b.
Waiving the accessible taxi driver
license fee;
c.
Eliminating the requirement for the Taxi
Driver Education Program and the refresher training course (retaining the
Accessible Taxicab Training Course);
d.
Eliminating the uniform and street guide
requirements;
e.
Permitting that rides pre-arranged
through an app may be set at a rate below the maximum fare prescribed in the
by-law, as amended by the following:
i.
To provide flexibility of pricing based
on different service and vehicle types, specifically the application of a
surcharge to a maximum of $15, and to provide for a $5 cancellation fee should
the fare be cancelled at the door, on the condition that the customer is made
aware of the surcharges in advance of accepting the service, and has the
opportunity to decline; and
ii.
That the aforementioned surcharge shall
not apply to a person who requires an accessible vehicle for purposes of a
wheelchair, mobility aid or mobility assistive device.
f.
Eliminating the $1.50 credit card
processing fee;
g.
Eliminating taxicab vehicle standards
with respect to interior and trunk size, seating capacity and window tinting;
h.
Increasing the allowable vehicle age from
8 to 10 years, with authority delegated to the Chief License Inspector to
disqualify a vehicle in the interest of public safety;
i.
Amending the requirement for in-vehicle
cameras to specify minimum standards rather than specific makes and models;
j.
Expanding the regulated area to include
the entire City of Ottawa;
k.
Amending the ratio of
plates-to-population from 1:784 to 1:806;
l.
Increasing liability insurance
requirement from $2 million Commercial General Liability to $5 million Motor
Vehicle Liability for Taxi Plate Holders (covering all drivers who drive a
taxicab), and introducing similar insurance requirements for Taxi Brokers, as
amended to reduce the Automobile Insurance requirements (both Owned and
Non-Owned, as the case may be, depending on the category of Licensee) for all
vehicle-for-hire categories from $5 Million to $2 Million, as follows:
i.
Taxi Brokers in respect of Non-Owned
Automobile Insurance Requirements, as provided in Recommendation 3.l., and
Document 3;
ii.
Taxi plate Holders in respect of
Automobile Insurance requirements (covering each Taxicab Driver authorized to
drive the taxicab), as provided in Recommendation 3.l and Document 3
m.
Including the minor administrative and
technical amendments outlined in Document 3;
n.
Approving that all new taxi plate holder
licenses issued by the City of Ottawa be non-transferable, including the four
accessible taxi plate holder licenses that may be approved as part the
recommendations related to the, “Regulating Vehicles-for-Hire in the City of
Ottawa – Taxis, Limousines and Private Transportation Companies” (ACS2016-COS-EPS-0012);
and
o.
That any new names for the Accessible
Taxicab Priority Waiting List be restricted to only those licensed taxicab
drivers who are not accessible or standard taxi plate holders.
4.
Subject to approval of Recommendation 2,
approve the amendments to Schedule 10 to the Licensing By-law (2002-189, as
amended) relating to limousine service, effective September 30, 2016, as
described in this report and in the drafting instructions attached as Document
4, as amended, including the following:
a.
Establishing an auxiliary service
category to address other service models, such as special senior assistance
services and “responsible choice”-type services;
b.
Establishing a maximum vehicle age of 10
years, with biannual inspections for vehicles greater than 5 years of age,
except for the “vintage” category;
c.
Refining the definition of limousine and
realigning vehicle features to ensure vehicles are “luxury” and are
distinguished from other vehicles for hire;
d.
Requiring a minimum insurance level of $5
million in Commercial General Liability and Motor Vehicle Liability, as amended
to reduce the Automobile Insurance requirements (both Owned and Non-Owned, as
the case may be, depending on the category of Licensee) for all
vehicle-for-hire categories from $5 Million to $2 Million, as follows:
i.
Limousine Service providers in respect of
Automobile Insurance, as provided in Recommendation 4.6., and Document 4;
e.
Requiring all limousine drivers to
provide mandatory Police Vulnerable Sector Records Check, to be coordinated by
the limousine operator, and an annual acceptable Statement of Driving Record;
f.
Increasing the minimum fare from $67.50
for the first 90 minutes and $45.00 for each additional hour, to $75.00 and
$50.00 respectively, exclusive of HST;
g.
Including the minor administrative and
technical amendments outlined in Document 4, as amended by the following:
i.
approve amendments to Document 4,
pertaining to Limousine Service Providers, to provide the Chief License
Inspector with the same summary suspension authority for limousine and Private
Transportation Company licenses as found in Sections 113 – 115 of the Taxi
By-law, including:
a)
The authority to suspend a license for
emergencies, including issues pertaining to breaches of the by-law by the
licensee, conduct adverse to the public interest, and where the licensee’s
insurance has expired;
b)
That such authority shall contain the
requirement to provide notice to the licensee prior to suspension together with
an opportunity to respond;
c)
That the maximum suspension be 14 days;
and
d)
That the licensee shall be prohibited
from conducting the licensed business throughout the period of the suspension.
5.
Petition the Province to approve
legislative amendments to:
a.
Provide enhanced enforcement powers and
amend penalties in relation to municipal vehicle-for-hire by-laws and under the
Highway Traffic Act for both Municipal and Provincial enforcement staff
related to unauthorized vehicles-for-hire, including the ability to:
i. Tie outstanding violations to plate denial;
ii. Issue higher fines (not less than $500 and no more than
$30,000);
iii. Apply three demerit points for non compliance;
iv. Impose administrative license suspensions.
b. Provide authority for the City of Ottawa (either through the City
of Ottawa Act, 1999 or the Municipal Act, 2001) to impose and
implement, as part of any vehicle-for-hire regulations, an accessibility levy
to be applied to those Private Transportation Companies that do not offer
accessible vehicle-for-hire services to the City’s standards, where such
payment is to be used to promote and foster accessible transportation
services;
c. Amend the Accessibility for Ontarians with Disabilities Act, 2005
to include a reference to Private Transportation Companies to establish a
linkage to the accessibility levy referenced in recommendation 5.b), to ensure
that appropriate accessible transportation requirements are mandated for
Private Transportation Companies and to foster a more level playing field with
taxicabs and accessible taxicabs already captured in the Act and its
regulations.
6.
Delegate the authority to the General
Manager, Emergency and Protective Services and the City Clerk and Solicitor to
combine the by-laws referenced in and amended by Recommendations 2, 3 and 4 to
create a consolidated Vehicle-for-Hire By-law, and to finalize and make any
necessary adjustments to the Vehicle-for-Hire By-law to give effect to the
intent of Council, as amended by the following:
a.
Amending the vehicle safety certificate
requirements across all vehicle for hire categories, specifically in
Recommendation 2 and Document 2, pertaining to Private Transportation Companies
and their affiliated Drivers; Recommendation 3, and Document 3, pertaining to
Taxi Brokers and Taxi Plate Holders (who cover Taxi Drivers); and
Recommendation 4, and Document 4, pertaining to Limousine Service providers,
to provide that alternative and equivalent vehicle safety verification
processes may be used provided they are approved by the Chief License
Inspector; and
b.
Amending the insurance requirements
across all vehicle for hire categories, specifically in Recommendation 2.b. and
Document 2, pertaining to Private Transportation Companies and their affiliated
Drivers; Recommendation 3.l., and Document 3, pertaining to Taxi Brokers and
Taxi Plate Holders (who cover Taxi Drivers); and Recommendation 4.6., and
Document 4, pertaining to Limousine Service providers, to provide that
alternative and equivalent insurance may be provided by the driver or licensee,
as the case may be, to the satisfaction of the City Clerk and Solicitor; and
c.
Amending the insurance requirement for
Private Transportation Company (PTC) Drivers in Document 2 to add the provision
that any equivalent endorsement or automobile liability insurance approved by
the Financial Services Commission of Ontario for PTC use may be obtained,
subject to approval by the City Clerk and Solicitor, and furthermore that such
coverage may be maintained by the PTC Driver, the affiliated PTC, or any
combination of the two provided that if the PTC Driver fails to obtain the
required coverage, or the coverage lapses, such coverage must be maintained by
the affiliated PTC;
7.
Direct the Chief License Inspector to
examine what licensing tools the City might be able to use to also encourage
Private Transportation Companies and Limousines to use hybrid, electric or
other low-emission vehicles and report back as part of the first annual report on
the Vehicles-for-Hire By-law;
8.
That the City of Ottawa write to the
Financial Services Commission of Ontario to request they review the availability
of insurance products for all types of taxi, PTC and all other people
transportation services to ensure the voluntary market (as opposed to facility
association) offers products commensurate with the levels of insurance commonly
requested for purchase.
Item 3 was CARRIED,
as amended, with Councillor E. El-Chantiry dissenting.
DIRECTIONS TO STAFF
1.
As part of the review on the need for cameras in
PTCs, staff agree to review, work on, and report back on technological
changes/advances in camera technology that would:
i.
Reduce price of camera;
ii.
A camera that could more easily be moved, turned
off when vehicle is not in use as a PTC;
iii.
Work with PTCs that this option be included as a
feature of their Smartphone app leveraging the camera that already exists in
all Smartphones.
2.
That the Chief Information Officer investigate with local
businesses, the development of a lower cost camera that would connect to a PTC
driver’s vehicle’s connection to the PTC system so that it operates while the
vehicle is in operation as a vehicle-for-hire and which is tamper-proof,
meeting privacy requirements and the needs of the Police. Such camera(s) should
also be suitable for licensed taxis and include the results of this work in the
compliance report that addresses in-vehicle cameras.
3.
That the Mayor, in his capacity as the statutory CEO of the City
of Ottawa, work with the Mayor of Toronto to identify legislative amendments
that both cities are requesting and/or supporting, and that, as appropriate,
they work together to lobby the provincial government for the requested
changes.
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FINANCE AND ECONOMIC DEVELOPMENT
COMMITTEE REPORT 13
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COMMITTEE RECOMMENDATIONS
That Council:
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1. Approve
the Brownfields Rehabilitation Grant Program and Development Charge Reduction
Program application submitted by 175 Main Street Regional Inc., owner of the
property at 175 Main Street, for a grant under the 2010 Brownfields
Redevelopment Community Improvement Plan Program not to exceed $15,811,365,
subject to the establishment of, and in accordance with, the terms and
conditions of the Brownfields Redevelopment Grant Agreement;
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2. Approve
the grant be implemented on the basis of the phasing of the development and
an eligible 10-year window be made available to each phase of the
development, in accordance with the terms and conditions of the 2015
Brownfields Redevelopment Community Improvement Plan Program;
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3. Exempt
the proposed redevelopment of 175 Main Street from paying future municipal
development charges up to a maximum of $12,132,830, under Section 7(t) of the
Development Charges By-law 2014-229, under the Guideline for the Development
Charge Reduction due to Site Contamination Program, approved by Council June
11, 2014, and included in the $15,811,365 grant request, as outlined in
Recommendation 1;
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4. Delegate
the authority to the General Manager, Planning and Growth Management to
execute a Brownfields Redevelopment Grant Agreement with 175 Main Street
Regional Inc., establishing the terms and conditions governing the payment of
the grant for the redevelopment of 175 Main Street, to the satisfaction of
the General Manager, Planning and Growth Management, the City Clerk and
Solicitor and the City Treasurer.
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CARRIED
COMMITTEE RECOMMENDATIONS
That Council:
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1. Approve
the Rehabilitation Grant and Development Charge Reduction Program application
submitted by Lawrence Soloway, Desjardins Fin Sec Assurance, and Riotrin Shoppers
City East Inc., owner of the property at 2012 Ogilvie Road, for a grant,
under the 2010 Brownfield Redevelopment Community Improvement Plan Program
not to exceed $4,555,417 over a maximum of 10 years, subject to the
establishment of, and in accordance with, the terms and conditions of the
Brownfields Redevelopment Grant Agreement;
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2. Delegate
the authority to the General Manager, Planning and Growth Management
Department, to execute a Brownfields Redevelopment Grant Agreement with
Lawrence Soloway, Desjardins Fin Sec Assurance, and Riotrin Shoppers City
East Inc., establishing the terms and conditions governing the payment of the
grant for the redevelopment of 2012 Ogilvie Road, to the satisfaction of the
General Manager, Planning and Growth Management Department, the City Clerk
and Solicitor and the City Treasurer; and
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3. Exempt
the proposed redevelopment of 2012 Ogilvie Road from paying future municipal
development charges up to a maximum of $3,493,068 under Section 7(t) of the
Development Charges By-law 2014-229, under the Guideline for the Development
Charge Reduction due to Site Contamination Program, approved by Council June
11, 2014 and included in the $4,555,417 grant request, as outlined in
Recommendation 1.
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CARRIED
COMMITTEE RECOMMENDATIONS
That Council:
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1. Approve
the funding model, design and construction of the Canterbury Community
Outdoor Covered Refrigerated Rink Facility, as detailed in this report.
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2. Delegate
authority to the City Treasurer to establish a Special Area Levy and payment
schedule in support of the Canterbury Community Outdoor Covered Refrigerated
Rink Facility project and to take the necessary implementing by-laws to
Council.
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3. Delegate
authority to the General Manager, Parks, Recreation and Culture Services, to
enter into appropriate contribution agreements with community partners.
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4. Delegate
authority to the General Manager, Parks, Recreation and Culture Services to finalize
and execute agreements with potential sponsors, and further that the
sponsorship funds be directed to the capital project, as detailed in this
report.
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CARRIED with
Councillors G. Darouze, S. Moffatt, and J. Leiper dissenting.
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COMMITTEE
RECOMMENDATION AS AMENDED
That Council
direct staff to include plans for a study on the causes of congestion in the
City of Ottawa, as well as potential solutions to reduce congestion in
keeping with Council’s approved policy goals in this regard, as part of the
Statement of Work for the next Transportation Master Plan review.
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MOTION NO. 29/13
Moved by Councillor
D. Chernushenko
Seconded by
Councillor S. Moffatt
WHEREAS the
Transportation Committee report entitled “Review of Congestion Pricing Tools,”
originated as a Notice of Motion from Councillor Chernushenko and was amended
by Transportation Committee at its meeting of April 6, 2016; and
WHEREAS the
title of the report no longer reflects the intent of the Transportation
Committee recommendation, and there is currently no procedural mechanism to address
this other than by motion;
THEREFORE BE
IT RESOLVED THAT the report title be amended
read as follows: “Study of Causes of Traffic Congestion and the Full Range of
Solutions.”
CARRIED
Item 7, as amended,
was then put to Council and LOST on a division of 8 YEAS to 15 NAYS, as
follows:
YEAS (8): Councillors S. Moffatt, J. Leiper, K. Egli, M.
Fleury, J. Cloutier,
C. McKenney, D. Chernushenko, and T. Nussbaum.
NAYS (15): Councillors R. Brockington, T. Tierney, S. Qadri, M.
Taylor, J. Mitic,
M. Wilkinson, D. Deans, S. Blais, G. Darouze, A. Hubley, M. Qaqish,
B. Monette, J. Harder, E. El-Chantiry, and Mayor J. Watson.
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COMMITTEE
RECOMMENDATION
That Council
approve the appointments of Don Cogan, Mary Anne Petrella and Sheba Schmidt
to the Westboro Business Improvement Area Board of Management for the term
expiring November 30, 2018.
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CARRIED
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COMMITTEE
RECOMMENDATION
That Council
receive this report for information and amend the Records Retention and
Disposition By-law No. 2003-527 to incorporate the revisions to Schedule “A”,
as outlined in this report and more specifically described in the Changes to
Schedule A, at Document 3
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CARRIED
COMMITTEE RECOMMENDATIONS
1. That
Council approve the 2016 budgets and special levies, as presented in Document
1, for the following:
• Bank Street BIA
• Barrhaven BIA
• Bells Corners BIA
• ByWard Market BIA
• Carp BIA
• Carp Road Corridor BIA
• Downtown Rideau BIA
• Glebe BIA
• Kanata North Business Park
BIA
• Manotick BIA
• Heart of Orleans BIA
• Preston BIA
• Sparks Street BIA
• Sparks Street Mall Authority
• Somerset Village BIA
• Somerset Chinatown BIA
• Vanier BIA
• Wellington West BIA
• Westboro Village BIA
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2. That
Council enact the BIA levy by-laws and the Sparks Street Mall Authority
by-law for the BIAs and Mall Authority listed in Recommendation 1 once the
2016 tax ratios are approved by Council.
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CARRIED
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COMMITTEE
RECOMMENDATION
That Council
adopt this report.
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CARRIED
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COMMITTEE
RECOMMENDATION
That Council
delegate authority to the Director of the Real Estate Partnerships and
Development Office to negotiate market rents and execute the renewal of the
lease of 370 Catherine Street for a five year term and in accordance with the
terms and conditions outlined in this report.
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CARRIED
COMMITTEE RECOMMENDATIONS
That Council:
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1. Approve
the renewal of the lease for the Social Services East Office for a further
five year term commencing July 15, 2016 and terminating on July 14, 2021. The
total consideration for the term is estimated to be $5,002,094 plus HST; and
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2. Delegate
authority to the Director of the Real Estate Partnerships and Development
Office to execute the lease renewal in accordance with the terms and
conditions outlined in this report.
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CARRIED
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COMMITTEE
RECOMMENDATION
That Council
approve the By-law attached as Document 1, authorizing the City to proceed
with the expropriation of the properties described in Document 2 for the
purpose of the Main Street Renewal Project, as outlined in this report and in
accordance with the Expropriations Act.
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CARRIED
COMMITTEE RECOMMENDATIONS
That Council:
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1. Waive the former owner’s right to
purchase the following property as provided for under Section 42 of the
Expropriations Act:
A portion of vacant land known municipally as 1150 Rainbow Street
described as Part of Lot 15, Concession 1, Ottawa Front formerly in the
Township of Gloucester designated as Part 5 on Expropriation Plan NS93389
shown as Parcel 1 on Document 1 attached; and
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2. Declare
the lands referred to in Recommendation 1 as surplus to the City’s needs.
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CARRIED
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TRANSPORTATION COMMITTEE REPORT 13
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COMMITTEE
RECOMMENDATION
That Council
receive the Parking Services 2015 Annual Report.
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RECEIVED
COMMITTEE RECOMMENDATIONS
That Council:
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1. Approve
the functional design for the St. Laurent Boulevard Transit and Intersection
Improvements Environmental Assessment Study, as described in this report and
supporting documents; and
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2. Direct
the General Manager of the Infrastructure Services Department to finalize the
Environmental Study Report and proceed with its posting for the 30-day public
review period in accordance with Schedule C of the Ontario Municipal Class
Environmental Assessment Process.
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CARRIED
MOTION
NO. 29/14
Moved by Councillor R. Brockington
Seconded by Councillor J. Leiper
That Agriculture
and Rural Affairs Committee Report 14, Community and Protective
Services Committee Reports 11 and 12; Finance and Economic Development
Committee Report 13; and Transportation Committee Report 13 be received and adopted as amended.
CARRIED
MOTION NO. 29/15
Moved by Councillor
M. Fleury
Seconded by Mayor J.
Watson
WHEREAS the
interest and fees charged on a loan from a payday loan establishment can exceed
by several times the amount of the loan; and
WHEREAS there is a
clustering of payday loan establishments in areas where financially vulnerable
persons reside; and
WHEREAS Section 10
of the Municipal Act, 2001 permits the City to enact by-laws respecting:
the economic, social and environmental well-being of the municipality: the
health, safety and well-being of persons; and the protection of persons and
property, including consumer protection; and
WHEREAS Sections
10 and 151 of the Municipal Act, 2001 also permits a municipality to
license businesses within the municipality; and
WHEREAS the City
of Hamilton, on February 24th, 2016, enacted a licensing by-law amendment in
respect of payday loan establishments; and
WHEREAS the Municipal
Act, 2001 does not permit, other than in respect of adult entertainment establishments,
a municipality through licensing to restrict the location or number of the
establishments of such business;
THEREFORE BE IT
RESOLVED THAT City Council:
1. a) Direct By-law and Regulatory Services to bring
a report to the Community and Protective Services Committee and Council recommending
an amendment to the Licensing By-law to require that payday loan
establishments be subject to licensing by the end of the first quarter of
2017; and
b) Direct staff to consult with all stakeholders prior to the
submission of such report and reflect the results of these consultations in the
report; and
2. Request that the Provincial Government bring forward an
amendment to the Municipal Act, 2001 that would permit municipalities to
enact a licensing by-law for payday loan establishments that could limit such
establishments by location and number; and
BE IT FURTHER
RESOLVED that this motion be circulated to the Federation of Canadian
Municipalities (FCM), the Association of Municipalities of Ontario (AMO), the Large Urban Mayors' Caucus of Ontario (LUMCO) and the
Big City Mayors’ Caucus (BCMC).
CARRIED
MOTION NO. 29/16
Moved by Councillor
S. Qadri
Seconded by
Councillor A. Hubley
WHEREAS Canada
Post Corporation identifies the area located within the boundaries of the
Fernbank Community Design Plan, as well as areas to the north of these lands,
as Kanata;
AND WHEREAS these
areas are located within Ward 6 – Stittsville, and the requirement to identify
the recipient as being located in Kanata is causing confusion amongst residents
as well as mailers;
THEREFORE BE IT
RESOLVED that the City of Ottawa request Canada Post Corporation recognize the
properties located within the area identified on the attached map as being part
of Stittsville, and revise the mailing addresses for these properties to
reflect the same, in addition to being located in Ottawa;
BE IT FURTHER
RESOLVED that a copy of this motion be sent to the Canada Post Corporation and
the Minister responsible for the Canada Post Corporation, the Honourable Judy M. Foote, as well as to the
Municipal Property Assessment Corporation.
CARRIED
MOTION
Moved by Councillor
J. Leiper
Seconded by
Councillor K. Egli
WHEREAS the Ottawa
Heart and Stroke Foundation is to hold a 40th anniversary
celebration breakfast; and
WHEREAS Ruskin
Street, from MacFarlane Avenue (entrance to Hospital Parking lot) to Melrose
Avenue (roundabout) is required to be closed; and
WHEREAS the
closure of Ruskin Street as outlined is required to accommodate the event and
tent set-up commencing from 7:30pm Tuesday May 10, 2016; and
WHEREAS the
celebration breakfast is set to commence on the morning of Wednesday May 11,
2016, and that the tent set-up, and tear down, both require three hours; and
WHEREAS traffic is
to be re-routed to the north of Reid Avenue at the roundabout, and west on
Hutchison Avenue to south on MacFarlane Avenue and east on Ruskin Street to
access the hospital parking lot, which is expected to incur a medium amount of
impact; and
WHEREAS parking
spaces will be restricted, in the amount of 52 spaces, with 180 vehicle
transactions impacted; and
WHEREAS the Ruskin
Street road closure will end, and re-open at 1:30pm Wednesday May 11, 2016
THEREFORE BE IT
RESOLVED that in order to expedite this event and allow for the issuance of
required permits, Council approve the road closure as requested
BE IT FURTHER
RESOLVED that in order to expedite this event and allow for the issuance of
required permits, Council approve the road closure as requested providing it
meets all terms and conditions contained within the issued permit.
MOTION NO. 29/17
Moved by Councillor
R. Brockington
Seconded by
Councillor J. Leiper
That the by-laws listed on the Agenda
under Motion to Introduce By-laws, Three Readings be read and passed.
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THREE READINGS
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2016-114
A by-law of
the City of Ottawa to amend certain by-laws regulating sewers and sewer works
being By-laws 130-1996 for the former City of Gloucester and By-laws 20-90
and 21-90 of the former City of Nepean.
2016-115
A by-law of
the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to
change the zoning of part of the lands known municipally as 3508 Greenbank
Road and Part of 3853 and 3900 Cambrian Road.
2016-116
A by-law of
the City of Ottawa to amend By-law No. 2014-220 respecting the fees for
building applications and permits.
2016-117
A by-law of
the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law
Enforcement Officers in accordance with private property parking enforcement.
2016-118
A by-law of
the City of Ottawa to amend By-law No. 2003-69 respecting fees for compliance
reports in the Building Code Services Branch.
2016-119
A by-law of
the City of Ottawa to designate certain lands at 515, 517, 519 and 521 Egret
Way on Plan 4M-1443, as being exempt from Part Lot Control.
2016-120
A by-law of
the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to
change the zoning of part of the lands known municipally as 6069 Fourth Line
Road.
2016-121
A by-law of
the City of Ottawa to repeal By-law No. 2016-41 and to amend By-law No.
2007-452 respecting tax deferral program fees.
2016-122
A by-law of
the City of Ottawa to approve the expropriation of property in the City of
Ottawa for purposes of the Main Street Renewal Project, as more particularly
described in Schedule “1” to this by-law.
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CARRIED
MOTION
NO. 29/18
Moved by Councillor R. Brockington
Seconded by Councillor J. Leiper
THAT By-law 2016-123 to confirm the
proceedings of Council be enacted and passed.
CARRIED
Inquiry CC-02-16 from Councillor D.
Chernushenko concerning bird-friendly development guidelines.
Council adjourned
the meeting at 2:40 p.m.
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_______________________________
CITY CLERK
MAYOR