Community and
Protective Services Committee
Minutes 12
Special Meeting
Thursday, 07 April and Friday, 08 April 2016
10:00 a.m.
Andrew Haydon Hall (Council Chambers) 110 Laurier Avenue West
Notes: 1.
Underlining indicates a new or amended recommendation approved by
Committee.
2. Except where otherwise indicated,
reports requiring Council consideration will be presented to Council on 13
April 2016 in Community and
Protective Services Committee Report 12.
Present:
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Chair D. Deans
Vice-Chair R. Brockington
Councillors R. Chiarelli, G.
Darouze, K. Egli, M. Fleury, J. Mitic,
T. Nussbaum, S. Qadri, M. Qaqish
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No declarations of
interest were filed.
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1.
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ACS2016-COS-EPS-0012
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CITY
WIDE
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REPORT RECOMMENDATION
That the Community and
Protective Services Committee recommend 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 June 30,
2016, as described in this report and in the draft by-law attached as Document
2, including the following:
a. Establishing
a license fee that includes a per trip charge of $.105 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;
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.
3. Subject
to the approval of Recommendation 2, approve the amendments to the Taxi By-law
(2012-258, as amended), effective June 30, 2016, as described in this report
and in the drafting instructions attached as Document 3, 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;
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 June 30, 2016, as described in this report and in the drafting
instructions attached as Document 4, 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;
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.
Anthony Di Monte, General Manager,
Emergency and Protective Services, gave an overview of the report before the
Committee. The PowerPoint presentation is held on file with the City Clerk’s
office. Mr. Di Monte introduced and thanked staff who assisted in the
creation of the report. The following staff were also present to answer any
questions: Rick O’Connor, City Clerk and Solicitor and Acting City Manager,
Susan Jones, Deputy City Manager City Operations and Valerie Bietlot, Legal
Counsel.
Following the presentation the
Committee heard from the following delegations. The majority of the
delegations were in opposition of the of staff recommendations.
The following are points made by the
delegations opposed to the staff recommendations:
- The recommendations do not create a level playing
field.
- The taxi drivers are full time taxpaying residents of
Ottawa whereas companies such as Uber are large multi-national high tech
companies with part time drivers.
- All rules governing the taxis should be applied to the
PTC drivers such as insurance, cameras, courses, etc…
- Taxi plate owners should be compensated for the
reduction in their investment.
- Companies such as Uber have not been following the
rules to date so how can they be trusted to follow the new By-law.
- Uber drivers should be forced to pay the Harmonized
Sales Tax (HST).
- Feel the KPMG report is unfair and unbalanced.
1)
Chris Schafer, Public Policy Manager, Uber Canada
2)
Joel Harden, Contract Instructor, Department of Law and Legal Studies,
Carleton University
3)
Dean McCracken, Uber Driver
4)
Richard Szirtes, President West Way Taxi
5)
Steve Ball, President, Ottawa Gatineau Hotel Association
6)
Ian Faris, President and CEO, Ottawa Chamber of Commerce
7)
Chris Bradshaw, Former owner Vrtucar
8)
Brian Wade, Chair, Accessibility Advisory Committee
9)
Marc Andre Way, President, Capital Taxi
10)
*Paul Bendus
11)
Ingrid Goddard, Uber Driver Partner
12)
Rafael Kamar, Taxi driver
13)
Courtney Francis, President, Ziptrack
14)
Catherine Frechette, Senior Director of Destination Development, Ottawa
Tourism
15)
*Bob Brown, Council of Canadians with Disabilities
16)
*Suzanne Mooney
17)
George Kardaras
18)
Bahador Ayoubzadeh, Taxi Driver
19)
Sean McKenny, Ottawa & District Labour Council
20)
Ahmad S. Abouali, Taxi Driver
21)
Pierre Nakhle
22)
Andre Houlahan, Taxi Driver
23)
K. Kapoor
24)
*Bob Orr, Assistant to President Unifor
25)
*Pascal Barrette
26)
Sean McGee Legal Counsel, Unifor Local 1688
27)
Amrik Singh, President, Unifor 1688
28)
Romina Raeisi
29)
Anupam Kakkar, Uber Driver
30)
Farid Haddad, Taxi driver
31)
Catherine Gardner
32)
Liam Crossan, Taxi Driver
MOTION
NO. 12/01
Moved by councillor R. Brockington
That the Community and Protective
Services Committee approve that the meeting time be extended past 7:00p.m.
pursuant to Subsection 8.(1)(c) of Procedure By-law 2014-441.
CARRIED
The Committee recessed for supper at
6:10 PM and resumed at 6:35 PM
33)
*Guy Annable
34)
Ihsanullah Ahmadzai
35)
Tony Abdou-Hamad
36)
Shirazul Islam
37)
Tony Hajjar
38)
Getachew Ayele
39)
Dawit Tegegne
40)
Walid Najib Salika
41)
Belal Wehbe
42)
Stuart Ryan
43)
Gill Balwinder, Capital Taxi
44)
Ergin Zeng
45)
Anas Hak
46)
Abda Trabulsi
47)
Najah Abou Akrouche
48)
Mahmut Mahmutoglu
[ * All individuals
marked with an asterisk either provided their comments in writing or by
email; all such comments are held on file with the City Clerk. ]
The Committee received 54 pieces of
correspondence on the item which are kept on file with the City Clerk’s
office.
The Committee recessed at 9 PM for
the evening and resumed at 10 AM on Friday, 8 April 2016.
Following the recess, staff
responded to Committee members’ questions regarding the concerns raised by
the delegations as well as other concerns listed below:
- Have staff considered the notion
of making PTC’s a sub section of taxis? Staff stated in the affirmative but
the rules and regulations have not been fully examined and their implications.
- Many and various questions
regarding accessible taxis and the possibility for PTC’s to do same. Staff
stated that Ottawa’s accessible system is one of the best and feel the present
system is more than adequate but will have further discussions with Uber or
other PTC’s when that time comes.
- Questions with regard to the
training program and why dispense with it. Staff stated that it was outdated
and no longer needed with the introduction of GPS and various online courses
being offered as well as those done by the companies themselves.
- Feedback of the driver and or
company important. Can the taxi industry have something similar to Uber?
Various applications are coming out for taxis that can do this as well as the
traditional methods of phone and email.
- Discussion with regard to
security in vehicles and whether cameras are needed in PTC vehicles and
possibility of alternative methods such as audio as well as S.O.S. button.
- Because vehicles are used for
hire, both taxi and PTC must be smoke free.
- Encouragement for green fleet.
- The staff from KPMG were present
to answer questions with regard to their report.
- The conversation concerning
compliance came up several times with regard to Uber not adhering to City of
Ottawa By-laws to date. Questions were raised on whether they will do so upon
enactment of this By-law and cease operation until it is enacted.
- Discussion on the requirement
for $5 million insurance and how the PTC’s will comply.
Committee members then introduced
motions as set out below.
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MOTION
NO. 12/02
Moved by
Councillor G. Darouze
WHEREAS the staff report
titled, “Regulating Vehicles-for-Hire in the City of Ottawa – Taxis, Limousines
and Private Transportation Companies,” (ACS2016-COS-EPS-0012) proposes an
effective date of June 30, 2016, for recommended by-law and regulatory
provisions as follows:
1. New
regulations for Private Transportation Companies (PTCs), as described in the
report and in the draft by-law attached as Document 2;
2. Amendments
to the Taxi By-law (2012-258, as amended), as described in the report and in
the drafting instructions attached as Document 3, and
3. Amendments
to Schedule 10 to the Licensing By-law (2002-189, as amended) relating to
limousine service, as described in the report and in the drafting instructions
attached as Document 4; and
WHEREAS the taxicab industry
has expressed an interest in a longer implementation timeline;
THEREFORE BE IT RESOLVED that
the Community and Protective Services Committee recommend that Council approve
that the effective date for the by-law and regulatory provisions as outlined in
this motion and described in the report titled, “Regulating Vehicles-for-Hire
in the City of Ottawa – Taxis, Limousines and Private Transportation
Companies,” (ACS2016-COS-EPS-0012) be amended to be September 30, 2016.
Motion No. 12/2 CARRIED, on a
division of 9 YEAS to 1 NAY, as follows:
YEAS
(9): Councillors R. Chiarelli, G. Darouze, K. Egli, J. Mitic,
T. Nussbaum, S. Qadri, M. Qaqish, R. Brockington,
and
D. Deans.
NAYS
(1): Councillor M. Fleury
MOTION
NO. 12/03
Moved by
Councillor T. Nussbaum
WHEREAS the
current Taxi By-law (2012-258, as amended) provides that the Chief License
Inspector may summarily suspend a license issued under the By-law in cases when
the continuation of a business would pose an immediate danger to the health or
safety of any person or of any property, in accordance with the summary
suspension authority found in Section 151(2) of the Municipal Act, 2001; and
WHEREAS it
is desirable for the Chief License Inspector to have a similar enforcement tool
in respect of Private Transportation Companies and Limousine Service Providers
under the circumstances;
THEREFORE BE
IT RESOLVED that the Community and Protective Services Committee recommend that
Council approve amendments to Document 2, pertaining to Private Transportation
Companies, and 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:
1. 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;
2. That such authority shall contain the requirement to provide notice
to the licensee prior to suspension together with an opportunity to respond;
3. That the maximum suspension be 14 days; and
4. That the licensee shall be prohibited from conducting the licensed
business throughout the period of the suspension.
CARRIED
MOTION
NO. 12/04
Moved by
Councillor J. Mitic
WHEREAS the
staff report recommends the establishment of a licensing fee for Private
Transportation Companies that includes a per trip charge of $.105 as
recommended by KPMG; and
WHEREAS
input received from a PTC stakeholder, namely representatives of Uber,
indicates that it is operationally difficult for the company to implement a fee
of $.105 and furthermore that a fee consisting of a round number such as $.11
would be more operationally feasible; and
WHEREAS it
is further understood that all user fees, such as licensing fees, will be
reviewed on an annual basis as part of the budget process to ensure they are
charged on a cost-recovery basis;
THEREFORE BE
IT RESOLVED that Community and Protective Services Committee recommends that
Council approve that Recommendation 2.a and Schedule A of Document 2,
pertaining to the licensing fee for Private Transportation Companies, be
amended to $.11 per trip.
CARRIED
MOTION
NO. 12/05
Moved by
Councillor S. Qadri
WHEREAS City Council has
identified accessibility as one of the three main public policy considerations
of its vehicle-for-hire regulatory regime; and
WHEREAS staff has advised
that the City of Ottawa has the most progressive accessible taxi program in
Canada which legally requires every licensed accessible taxicab driver to
provide accessible taxicab service on a priority basis to any person with a
disability who requests such service and that the fare for such trip not exceed
the amount shown on the meter; and
WHEREAS the recommended
proposals for licensing Private Transportation Companies (PTCs) includes an
accessibility levy, first voluntary and then, if provincial legislation is
changed, mandatory; and
WHEREAS staff is recommending
that there be consultations to develop the strategy for the use of any funds
generated through this levy, as follows:
Recommendation 2g:
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
WHEREAS the
Accessibility Advisory Committee has been working on accessible transportation
issues with City staff for years, and their expertise will be invaluable in
this exercise; and
WHEREAS it
is possible that, through these consultations, other issues related to Private
Transportation Companies, like the need for amendments to the Accessibility
for Ontarians with Disabilities Act, 2005, might arise;
THEREFORE BE
IT RESOLVED that the Community and Protective Services Committee recommend that
Council approve that Recommendation 2g be amended to add the following:
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
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.
CARRIED
MOTION
NO. 12/06
Moved by
Councillor K. Egli
WHEREAS
regulations for Private Transportation Companies (PTCs) proposed in the staff
report titled, “Regulating Vehicles-for-Hire in the City of Ottawa – Taxis,
Limousines and Private Transportation Companies,” (ACS2016-COS-EPS-0012) will
require specific compliance and enforcement activity to ensure that the by-law
is being adhered to and Council’s public policy goals are met; and
WHEREAS
the staff report proposes compliance and enforcement activities such as spot
audits, cross-checks with the licensed company and field inspections, as well
as a requirement that each PTC maintain an up-to-date register of affiliated
drivers as well as proof of drivers’ driving records, police records checks and
insurance, and that all required records must be available to the City; and
WHEREAS
the KPMG report titled, “Taxi and Limousine Regulation and Service Review,”
recommends on Page 35 that the City “should develop more effective means of
preventing a ‘ride sharing’, app-based service model company, or [PTC]-like
operation, from operating in Ottawa without meeting the proposed regulatory
requirements and obtaining the required license”, and requiring PTCs to submit
their mandatory records to the Chief License Inspector on a regular basis would
provide an additional compliance and enforcement mechanism that would
complement the proposed activities and enhance public safety and consumer
protection;
THEREFORE
BE IT RESOLVED that the Community and Protective Services Committee recommend
that Council approve 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
BE IT
FURTHER RESOLVED 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.
CARRIED
MOTION
NO. 12/07
Moved by
Councillor M. Qaqish
WHEREAS
the staff report titled, “Regulating Vehicles-for-Hire in the City of Ottawa –
Taxis, Limousines and Private Transportation Companies,” (ACS2016-COS-EPS-0012)
proposes specific compliance and enforcement activity with respect to Private
Transportation Companies (PTCs), including spot audits, cross-checks and field
inspections, in order to ensure that the by-law is being adhered to; and
WHEREAS
the staff report also proposes a variety of undertakings related to
accessibility with respect to the PTC vehicle-for-hire category, including:
1. delegating
authority to staff to negotiate, finalize and execute the establishment of a
voluntary, per-trip surcharge for accessibility;
2. directing
staff to work with 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; and
3. petitioning
the Province to approve legislative amendments to provide authority for the
City of Ottawa to impose and implement, as part of any vehicle-for-hire
regulations, an accessibility levy to be applied to those PTCs 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;
and
WHEREAS
the Core Strategies discussion paper titled, “Customer Experience,” states on
Page 7 that, “Customers expect Uber vehicles to be properly insured, …etc., and
look for regulatory reviews and governments to ensure that effective policies
guidelines (sic) are in place”; and
WHEREAS
regulating PTCs is a new initiative and Committee and Council would benefit
from understanding how well the regulatory regime is working with respect to
Council’s guiding principles of public safety, consumer protection and
accessibility are met by placing issues related to the compliance and
non-compliance of PTCs and the progress of the recommendations related to
accessibility in the public realm, and such reporting would allow Committee
and Council to take any remedial action deemed appropriate;
THEREFORE
BE IT RESOLVED that the Community and Protective Services Committee recommend
that Council direct staff to bring forward a compliance report on Private
Transportation Companies (PTCs) as follows:
1. 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
2. All
progress with respect to any accessibility undertakings approved by Council for
the PTC category; and
3. 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.
CARRIED
MOTION
NO. 12/08
Moved by
Councillor T. Nussbaum
WHEREAS the proposed licensing regulations for Private
Transportation Companies (PTC) require the licensee to maintain data on trips
and to provide such data to the Chief License Inspector upon request, including
the start and destination points of the trip; and
WHEREAS it is desirable to respect the privacy of individuals using
the PTC services to not be specific about address when reference to
intersection or 3 digit postal code is sufficient as an indication of the start
and destination points;
THEREFORE BE IT RESOLVED That Community and Protective Services
recommend that Council 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.
CARRIED
MOTION
NO. 12/09
Moved by
Councillor M. Fleury
WHEREAS businesses supplying taxable goods and
services in the course of commercial transactions in Ontario must collect and
remit Harmonized Sales Tax (HST) in accordance with the rules and processes
established by the Canada Revenue Agency (CRA); and
WHEREAS taxi and limousine operators are
required by the CRA to collect and remit HST, keep required records and
complete and file required returns in the applicable reporting period; and
WHEREAS, City Council is considering licensing
Private Transportation Companies to offer transportation services for
compensation in the City of Ottawa, and Council also has an interest in
ensuring that all businesses and trades it licenses comply with all applicable
Federal and Provincial laws and regulations, including all HST requirements;
THEREFORE BE IT RESOLVED that City Council
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
BE IT FURTHER RESOLVED that the response be reported back
to Committee and Council.
CARRIED
MOTION
NO. 12/10
Moved by
Councillor G. Darouze
WHEREAS the staff report recommends permitting that taxicab rides
pre-arranged through an app may be set at a rate below the maximum fare
prescribed in the Taxi By-law; and
WHEREAS input received from taxi industry representatives indicates
that they are intending to implement an app (eCab) that uses flexible pricing
varying with the type of vehicle being requested by and dispatched to a
customer, such as larger vehicles or luxury vehicles, and that these specific
requests will be addressed by introducing a surcharge of between $10 and $15
for this service, with a $5 cancellation fee should the fare be cancelled at
the door; and
WHEREAS staff believes this approach is consistent with the overall
vehicle-for-hire framework as long as there is a maximum amount and the
customer is aware of and accepts the conditions for this special service in
advance;
THEREFORE BE IT RESOLVED that Community and Protective Services
Committee recommends that Council approve that Recommendation 3.e and Document
3, pertaining to tariffs prescribed in the Taxi By-law, be amended 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
BE IT FURTHER RESOLVED 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.
CARRIED
MOTION
NO. 12/11
Moved by
Councillor R. Brockington
WHEREAS the staff report recommends that Private Transportation
Companies (PTCs) ensure that every PTC Vehicle is the subject of a valid
Ministry of Transportation Safety Standards Certificate, as is the case with
vehicles used in other Vehicle for Hire categories; and
WHEREAS, given that it is reasonable to presume that this sector may
be the subject of new legislation at the provincial level and it is desirable
to ensure some flexibility in the vehicle safety certification process to
account of any changes in such processes that may be imposed by the Ministry of
Transportation, and to authorize the Chief License Inspector to approve any
future equivalent vehicle safety verification processes that may be available;
THEREFORE BE IT RESOLVED that Community and Protective Services
Committee recommend that Council approve 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.
CARRIED
MOTION
NO. 12/12
Moved by
Councillor R. Brockington
WHEREAS the staff report requires that Private Transportation
Companies (PTCs) ensure that every PTC Driver providing the transportation
service obtain appropriate automobile liability insurance for consumer
protection, as is the case with Drivers affiliated with all the vehicle for
hire categories; and
WHEREAS insurance in the Province of Ontario is regulated and
approved by the Financial Services Commission of Ontario, and in the future
additional insurance products may become available and be approved for PTC
Drivers or other vehicle for hire categories which may be advantageous to these
entities; and
WHEREAS it is desirable to ensure flexibility in insurance
requirements for PTC Drivers and other Drivers of vehicle for hire categories
to account for new insurance products provided that the insurance coverage
meets the requirements set by the City for adequate consumer protection, as
approved by the City Clerk and Solicitor;
THEREFORE BE IT RESOLVED that Community and Protective Services
Committee recommend that City Council approve:
1.
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
2. 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.
CARRIED
MOTION
NO. 12/13
Moved by
Councillor M. Fleury
WHEREAS the taxi industry has done a good job
moving to hybrid and electric vehicles to reduce their carbon foot print; and
WHEREAS the 2014 Update on the City’s Air
Quality and Climate Change Management Plan noted, “The greatest challenge
facing Ottawa’s transportation sector is the growing population and continued
reliance on the automobile as the preferred mode of travel. Growth in vehicle
emissions ... indicates that increased automobile ownership and use are
outstripping improvements in auto emissions technologies”; and
WHEREAS, on February 24, 2016, City Council
approved the following:
That the
City continue to work with key stakeholders and community partners to reduce
community-wide GHGs produced within the geographic boundary of the City of
Ottawa and pursue a new long-term GHG reduction target of 80% below 2012 levels
by 2050; and
WHEREAS Vehicles for Hire contribute to
Greenhouse Gases;
THEREFORE BE IT RESOLVED that the Community and
Protective Services Committee recommend that Council 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.
CARRIED
The
following Motions were also put to committee but LOST.
Councillor R.
Brockington moved the following motion on behalf of Councillor E. El-Chantiry.
MOTION
NO. 12/14
Moved by Councillor R. Brockington
WHEREAS the Taxicab Driver Education Program was put in
place several years ago with the intent of producing better trained drivers in
customer service and knowledge of the Ottawa area, and must be completed by all
taxicab driver’s license applicants in order to receive their license; and
WHEREAS the Chief License Inspector may deem it
necessary for the purposes of ensuring satisfactory customer service for a
licensed taxicab driver to successfully complete a refresher training course
with enhanced customer-related training as a condition of his or her license;
and
WHEREAS the staff report titled, “Regulating Vehicles-for-Hire
in the City of Ottawa – Taxis, Limousines and Private Transportation
Companies,” (ACS2016-COS-EPS-0012) recommends eliminating the requirement for
the Taxicab Driver Education Program and the refresher training course
(retaining the Accessible Taxicab Training Course); and
WHEREAS, although the advent of GPS has eliminated the need
for drivers to rely on classroom training with respect to wayfinding knowledge,
training in customer service
will continue to be beneficial in reducing complaints and assisting with
improving the quality of taxi service in the Ottawa area, thereby supporting
the guiding principles of consumer protection and public safety; and
WHEREAS establishing a basic understanding of
customer service would also be beneficial for Private Transportation Company
drivers;
THEREFORE BE IT RESOLVED that the Community and
Protective Services Committee recommend that Council retain the requirements in
the Taxi By-law (2012-258, as amended) that all taxicab driver’s license
applicants (Standard and Accessible) must complete the Taxicab Driver Education
Program, and that a driver must successfully complete the refresher training
course as a condition of his or her license if deemed necessary by the Chief
License Inspector based on complaints received or compliance issues noted by
the Chief License Inspector for the licensee in question; and
BE IT FURTHER RESOLVED that Private
Transportation Company drivers also be required to complete this course; and
BE IT FURTHER RESOLVED that the Chief License
Inspector be directed to work with Algonquin College to modernize the Taxicab
Driver Education Course such that any part of the curriculum that the City
believes is outdated is eliminated, and the course time and tuition is adjusted
accordingly.
LOST, on a division of 2 YEAS to 8 NAYS, as follows:
YEAS (2): Councillors R. Chiarelli and K.
Egli.
NAYS (8): Councillor G. Darouze, M.
Fleury, J. Mitic, T. Nussbaum,
S. Qadri, M. Qaqish, R. Brockington, and D. Deans.
Councillor R. Chiarelli moved the
following motion on behalf of Councillor E. El-Chantiry.
MOTION
NO. 12/15
Moved 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 the Community and Protective Services Committee recommend that
Council approve amending the Recommendation 2 such that in-vehicle cameras
similar to the ones required for taxicabs be required across all
vehicle-for-hire categories 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 3 YEAS to 7 NAYS, as follows:
YEAS (3): Councillors
R. Chiarelli, K. Egli, and M. Qaqish.
NAYS (7): Councillor
G. Darouze, M. Fleury, J. Mitic, T. Nussbaum,
S. Qadri, R. Brockington, and D. Deans.
Item 1 of the Agenda, as amended by
Motion Nos. 12/2, 12/3, 12/4, 12/5, 12/6, 12/7, 12/8, 12/9, 12/10, 12/11, 12/12
and 12/13, and set out in full below for ease of reference, was then put to
Committee:
That the Community and Protective
Services Committee recommend 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.
CARRIED
DIRECTIONS TO STAFF
1.
That Legal Staff examine the privacy concerns of installing audio
recording technology in Private Transportation Company (PTC) vehicles such as
Uber and report back to Committee six months following enactment of the new
By-law.
2.
That staff consult with Uber representatives and advise at Council of
the feasibility of having a voluntary accessibility levy in place by the
effective date of the PTC regulations.
3.
There has been a PTC that has piloted an S.O.S. button so either driver
or rider can enact it, which goes directly to a local police service. That
staff provide an update on the feasibility of this technology in Ottawa in the
first verbal update on the By-law, after implementation.
4.
That staff provide a verbal update three months following enactment of
the new By-law.
5.
That the Chair of the Community and Protective Services Committee send a letter to Uber demanding
cessation of activity until the enactment of the By-law on September 30, 2016
and request how Uber will comply with the new insurance provisions of the
By-law.
|
The meeting adjourned at
5:00 p.m. on Friday, 08 April, 2016
|
Original
signed by Original signed by
M.
Desjardins Councillor
D. Deans
_____________________________ _____________________________
Committee
Coordinator Chair