THE CORPORATION OF THE CITY OF THUNDER BAY THE THUNDER BAY POLICE SERVICES BOARD BY-LAW NUMBER PC5-2005

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1 THE CORPORATION OF THE CITY OF THUNDER BAY THE THUNDER BAY POLICE SERVICES BOARD BY-LAW NUMBER PC A By-law pursuant to Section 150 of the Municipal Act to provide for the Licensing, Regulation and Governance of Taxi Vehicles and Drivers, for health and safety reasons, and for consumer protection in the City of Thunder Bay, in the District of Thunder Bay. Recitals: 1. The Municipal Act authorizes Council to license and regulate a variety of businesses and events. 2. The Municipal Act also authorizes Council to delegate the authority to license businesses to the Police Services Board. 3. Council has delegated to the Police Services Board the authority to license and regulate the Operation of Taxis in Thunder Bay. 4. The authority in the Municipal Act includes: the power to issue Licenses on condition, revoke Licenses, suspend Licenses, to regulate or govern the place used in the carrying on of business, and many other matters. 3. The Board considers it appropriate to License Taxi vehicles and Drivers Operating in Thunder Bay. From a health and safety standpoint, licensing enables regular inspections of vehicles to facilitate compliance with safety and cleanliness standards. From a consumer protection standpoint, licensing ensures that qualified and persons of good character are employed as drivers within this industry. Accordingly, the Thunder Bay Police Services Board enacts this By-law PC Article 1.00: Interpretation 1.01 Definitions: Wherever a term set out below appears in the text of this By-law with its initial letter capitalized, the term is intended to have the meaning set out for it in this Section Wherever a term below appears in the text of this By-law in regular case, it is intended to have the meaning ordinarily attributed to it in the English language. (a) Accessible Taxi means a Taxi which was constructed or subsequently modified to permit the loading, transportation, and off-loading of persons with disabilities and seniors and which motor vehicle complies with the Canadian Standards Association standards CAN3 D409 M84 and Regulation 629 of the Ontario Highway Traffic Act as they may be amended from time to time. (b) Applicant means a person making application for issuance or renewal of a License under this By-law. (c) "Board" means the Thunder Bay Police Services Board for the City. (d) Business means a business that Operates Taxis.

2 Page 2 of 22 (e) By-law means this By-law, as it may be amended from time to time, unless another by-law is expressly referenced by name or number. The Recitals to, and the Schedules attached to this By-law are considered integral parts of it. (f) City means The Corporation of the City of Thunder Bay. (g) Committee means the committee of the Board to which the Board has delegated the responsibility of handling Licensing matters. Where there has been no delegation, the term refers to the Board itself. (h) Council means the elected municipal council for the City. (i) Courtesy Vehicle means either: 1. a vehicle Operated without remuneration by hospitality businesses (such as hotels) for the purpose of transporting guests from a transportation point (such as the airport) to the place of business of the vehicle Owner (such as the hotel); or 2. a vehicle Operated without remuneration by automobile repair businesses for the purpose of transporting customers from the place of the automobile repair business to the place of their home or work. (j) Driver means a person who drives a Taxi, whether or not that person is the Owner of the Taxi. (k) Fare Up Front means a fare paid to the driver prior to the commencement of the trip. (l) Inspection Checklist means a form provided to the Driver by the Owner of the Taxi prior to each driving shift. The form is subject to the approval of the Police Chief. The form is used to record the mechanical, safety and sanitary condition of the Taxi. (m) License means a License issued pursuant to this By-law. There are two classes of License pursuant to this By-law, being a Taxi Vehicle License and a Taxi Driver s License. (n) Licensee means the Owner of a License. (o) Manager means the Manager of the Licensing & Enforcement Division of the Development Services Department for the City. The term also includes his or her designate. (p) Municipal Law Enforcement Officer means a Police Officer, a law enforcement officer, the Manager, or another person duly appointed to enforce the by-laws of the City. (q) "Ontario Driver's License" means a License granted by the Province of Ontario to Operate a motor vehicle without any restrictions or conditions. (a) Operator is a person who has care and control of a Business at any given point in

3 Page 3 of 22 time. The term includes any one or more of the following persons: i.the Owner of a location from which a Business is conducted; ii.the Operator of a Business; iii.the occupier of a location from which a Business is conducted; iv.one who assists or acts on behalf of the Owner or occupier of a location from which a Business is conducted, including a manager or supervisor; or v.one who has the care or management of a location from which a Business is conducted vi.with respect to a vehicle, one who has possession of the keys of the vehicle and is in a position where he or she could commence driving the vehicle at any time (whether or not licensed to do so, either under this By-law or by the Province of Ontario. The terms Operate, Operation and words of like import or intent have corresponding meanings. (r) Owner is a person with legal title to real or personal property. The terms Own, Ownership, and words of like import or intent have corresponding meanings. (s) "Passenger" means any person in a Taxi other than the driver. (t) Police Chief" means the person within the Board s administration who fulfills the function of the police chief as required by the Police Services Act. The term also includes his or her designate. (u) "Public Taxistand" means a parking area reserved for Taxis on a public street, highway or lot where Taxis may wait for fares or calls for fares. (v) "Tariff Card" means a Card which is displayed for the Passengers' information in each licensed Taxi showing both the fares set out in Schedule A to this By-law, and the Fare Up Front policies in Section 4.09 of this By-law. (w) "Taxi " means a motor vehicle for hire, kept or used for the conveyance of Passengers wholly or partly within Thunder Bay with a seating capacity of not more than fourteen (14) persons, exclusive of the Driver. Street cars, ambulances, funeral hearses, vehicles Operated by non-profit organizations for the purpose of transporting disabled persons, vehicles Operated by businesses without remuneration for the purpose of transporting their own employees, Courtesy Vehicles or limousines regulated under the Board s Limousine Licensing By-law are expressly excluded from the definition. (x) "Taxi Driver's License" means a License issued by the Board authorizing an individual to drive a Taxi. (y) "Taxi Vehicle License" means a License issued by the Board authorizing the use of a vehicle as a Taxi. (z) Thunder Bay means the geographic area under the jurisdiction of the City.

4 Page 4 of 22 (aa) "Vacancy" when used in reference to a License, refers to a License which has been cancelled, revoked, permanently surrendered, or allowed to lapse. A vacancy is not created by the temporary suspension or surrender of a Taxi Vehicle License Legislation, By-laws: Each reference to Provincial legislation in this By-law is a reference to the Revised Statutes of Ontario, 1990 edition, and, in every case, includes all applicable amendments to the legislation, including successor legislation. Each reference to another by-law in this By-law, unless otherwise specified, is a reference to a by-law of the City, and, in every case, includes all applicable amendments to this By-law, including successor By-laws Construing this By-law: The captions, articles and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. This By-law is to be read with all changes of gender or number required by the context. The words include, includes, including and included are not to be interpreted as restricting or modifying the words or phrases which precede them Severability: If a court or tribunal of competent jurisdiction declares any portion of this By-law to be illegal or unenforceable, that portion of this By-law will be considered to be severed from the balance of the By-law, which will continue to operate in full force. Article 2.00: Administration of This By-law 2.01 Administration of By-law: Unless otherwise indicated, the administration of this Bylaw is assigned to the Police Chief who may delegate the performance of his or her functions under this By-law from time to time as occasion requires. Subject to the agreement of the City s administration, this delegation includes delegation to the Manager Duties of the Police Chief: The Police Chief shall: (a) review and investigate all applications Licenses, transfers of Licenses or renewals of Licenses submitted under this By-law; (b) arrange and conduct testing of all new applicants for Taxi Driver's Licenses; (c) process applications for Licenses under this By-law and issue all Licenses, where appropriate, upon conditions, if appropriate; (d) on behalf of the Board, sign all Licenses or transfers of Licenses issued and/or authorized pursuant to this By-law, and his/her signature may be printed or mechanically reproduced; (e) furnish each Licensee with a handbook governing Taxi Driver's duties; (f) deliver to each Licensee of one (1) copy of this By-law; (g) deliver to each Owner of a Taxi Vehicle License Tariff Cards for each licensed Taxi; (h) deliver to each licensed Taxi Owner a copy of this By-law to be displayed at his or her place of Business in a way that makes it accessible to all Drivers; (i) examine each Taxi as required by this By-law at frequent intervals throughout the year, at his discretion; (j) monitor Licensees records and report to the Committee every conviction of a Licensee for an offence under the Criminal Code of Canada, the Food and Drug Act, the Narcotic Control Act, the Liquor License Act of Ontario, the Highway Traffic Act of Ontario, or this By-law, of any person who is licensed as the Owner or Driver

5 Page 5 of 22 of any Taxi, provided that in the case of conviction under the Liquor License Act of Ontario or the Highway Traffic Act of Ontario wherever such convictions as relate to the Ownership or Operation of a Taxi; (k) upon receiving notification from the Ministry of Transportation of a currently licensed Taxi Driver who has accumulated nine (9) or more demerit points in his driving record, seize his or her Taxi Driver's License which shall be presented to the Committee for cancellation or suspension; (l) upon receiving notification from the Ministry of Transportation of a currently licensed Taxi Driver who has had his or her Ontario Driver's License suspended, seize his or her Taxi Driver's License which shall be presented to the Committee for cancellation or suspension; (m) keep a register of all Licenses granted by the Committee and of the name or names of the Applicants for such Licenses and shall also set forth the number of Taxis Owned by each Applicant, the amount paid for each License, the date of issue and such other particulars as the Board may direct; and (n) monitor the filing of, review, and record the Certificates of Mechanical Fitness filed by Owners of Licensed Taxis; (o) review the Maintenance Logs respecting each Licensed Taxi; (p) have the authority to order that any vehicle be inspected by a designated mechanic to ensure compliance with this By-law and any other law; (q) upon receiving notification from the Ministry of Transportation of a currently licensed Taxi Driver who has had his Ontario Driver's License suspended, seize his or her Taxi Driver's License which shall forthwith be presented to the Committee for cancellation or suspension; (r) keep a register of all Licenses granted by the Board and of the name or names of the Applicants for such Licenses and shall also set forth the number of Taxis Owned by each Applicant, the amount paid for each License, the date of issue and such other particulars as the Board may direct; and (s) maintain the following records: 1. a record of all Taxi Vehicle Licenses and transfers of Taxi Vehicle Licenses granted by the Board; 2. a record of the Owners of all Taxi Drivers Licenses granted by the Board; 3. a record of all current Applicants for Licenses which may be issued pursuant to this By-law; 4. a record of the number of Taxis Owned by each Owner of a Taxi Vehicle License and each Applicant for a Taxi Vehicle License; 5. a current account of License fees paid and due by each Owner or Driver of a Taxi; and 6. such other particulars as the Board may direct Application: Applications for all Licenses under the provisions of this By-law shall: (a) be made in person; (b) be made to the office designated by the Police Chief, on forms to be provided; (c) be stamped with the date of receipt and processed in the order in which they are received (and, for Taxi Vehicle Licenses, the waiting list number as set out in Section 2.19 of this By-Law); and (d) be finalized, unless a hearing before the Committee is pending, within thirty (30) days of the date referenced in (c).

6 Page 6 of License Fee: The fee for obtaining a License shall be as set out in By-law Number PC No fee is refundable except in the event that a License is revoked by reason of municipal or Board staff error. In that case the Licensee is entitled to a full refund Application Information Required: Every Applicant shall provide in full, at the time the application is submitted, all of the information requested on the application form as well as: (a) (b) (c) (d) (e) (f) (g) (h) payment of the prescribed fee as set out in By-law Number PC in the case of a corporate Applicant, the names, addresses, and titles of all of the Owners, directors and officers of the corporation, together with the proper legal name of the corporation and any operating names of the corporation; where required by the Police Chief, a copy of the Articles of Incorporation of the company; in the case of a Taxi Vehicle License, identification of parking as required by Section 2.06 of this By-law; in the case of a Taxi Vehicle License, identification of the site or sites from which the Business will be carried on in the case of a Taxi Vehicle License, proof of required insurance; a signed Consent and Authorization to Release Information form, authorizing the Police Chief to collect personal information pertaining to the Applicant, including criminal or other offence records and driving records held by municipal, provincial or federal agencies; and any other document or information as may be required by this By-law. For renewals of Licenses, or transfers of Licenses, the application shall contain the information contained above, plus, where applicable, any amendments to the Articles of Incorporation that occurred since the originals were filed Parking & Zoning Requirements for Taxi Vehicle License: No Taxi Vehicle License shall be granted to any person unless he or she satisfies the Police Chief that he or she has Ownership or right of access to off-street parking for all vehicles with respect to which an application for License is made. In addition, he or she shall satisfy the Police Chief that the property from which the Business will be Operated and/or the property upon which the vehicles will be stored complies with the City s Zoning By-laws. The off-street parking required by this Section shall be maintained at all times during the terms of the Licenses Photographs Required for Taxi Driver s License: Upon approval of an application for a Taxi Driver's License, and prior to the issuance of the License, the Applicant shall at his or her own expense, furnish to the Police Chief three (3) copies of a photograph of the Applicant. Two (2) of the photographs shall measure four point three eight (4.38 cm) centimeters in width by five point six three (5.63 cm) centimeters in length, and one (1) photograph shall measure two point five (2.5 cm) centimeters in width by three point one three (3.13 cm) centimeters in length. The photographs shall be taken from the same negative, and taken within one (1) month of the date of the application, and shall be on single weight, unglazed (matte) finish paper, showing a full front view of the head and shoulders of the Applicant without head covering, taken against a plain light background. One (1) copy of the larger photograph shall be retained by the Police Chief and the other copy of the larger photograph shall be retained by the Police Chief. The small copy of

7 Page 7 of 22 the photograph shall be fixed to the Taxi Driver's License which shall be in a form approved by the Board and provided to the Driver by the Police Chief License Surrender: A Licensee may at any time surrender a License. Surrender of a License does not entitle the Licensee to a refund of all or any portion of the License Fee paid License Transfers: Notwithstanding the use of the defined term Owner referring to Licenses, every License, at all times, is Owned by and is the property of the Board and is valid only in respect of the person and/or the vehicle named on the License. No License may be sold, leased or transferred except in accordance with Section No License may be mortgaged, charged, encumbered or assigned. Should a Business relocate, or should a licensed vehicle be sold, the Licensee or new Owner, as the case may be, must apply for a new License (a) Special Cases Where Owner Dies: Upon the death of the Owner of a Taxi Vehicle License, the License shall continue and may be transferred or assigned to the estate or personal representative of the deceased, with approval of the Committee. No fee is applicable in these circumstances. Where the estate or the personal representative of the deceased wishes to sell the vehicle, Section 2.09 applies. For the purposes of this Section 2.10 only, the term Owner includes any person who directly or indirectly Owns the controlling interest in a corporation holding one or more Taxi Vehicle Licenses. (b) Transfer of Vehicle License to Replacement Vehicle: The Owner of a Taxi Vehicle License may apply to the Police Chief to transfer the License to a vehicle to replace the currently licensed vehicle. Transfer fees are payable in accordance with Bylaw PC Taxi Driver s License Qualifications: The following persons are not eligible to receive Taxi Driver s Licenses without Committee approval: (a) any person under the age of nineteen (19) years; (b) any person who does not hold an Ontario Driver s License with no restrictions on the operation of any motor vehicle at any place or at any time; (c) any person who accumulated nine (9) or more demerit points on his or her driving record on the date of application; (d) any person who has been convicted of an offence relevant to the safe Operation of the Taxi, or the safety or comfort of the passengers during the three (3) years prior to the application; (e) any person who has been convicted of an offence prosecuted by summary conviction under the Criminal Code of Canada, Food and Drug Act, or Narcotic Control Act during the three (3) years prior to the application; (f) any person convicted of an offence prosecuted by indictment during the three (3) years prior to the application. It is a condition of every Taxi Driver s License that the Driver agree to periodic review of his/her compliance with the Driver s Handbook, the safety and cleanliness of the vehicle which he/she Operates, and the driving or criminal records of the Driver which may impact on the Operation of the Taxi or the safety and comfort of the passengers.

8 Page 8 of 22 Any Taxi Driver who accumulates six (6) demerit points may be requested to attend a meeting with the Police Chief, to consider whether his or her License should be recommended to the Committee for suspension or revocation License with Conditions: The Police Chief may issue a License subject to specific conditions. The conditions must address any deficiencies identified in the application process Denial of License: Where an application is denied, the reasons for the denial shall be specified in writing, and the Police Chief shall provide the Applicant with the reasons Renewal and Expiry of Licenses (a) Taxi Vehicle Licenses (i) Taxi Vehicle Licenses issued under this By-law shall expire annually on August 31. Renewals of all Taxi Vehicle Licenses must be obtained prior to August 31 in each year. If August 31 falls on a weekend, and a statutory holiday falls after the expiry date, the License must be renewed no later than the first business day after the holiday weekend. (ii) Where a Taxi Vehicle License has not been renewed by the expiry date, the License will lapse and the authorized quota assigned to the Owner or Owners shall accordingly be reduced. (iii) Where a Taxi Vehicle License has lapsed, the Police Chief may fill the Vacancy by issuing notices in accordance with Section 2.19 of this Bylaw. The limits imposed by Sections 2.18 of this By-law will apply. (b) Taxi Driver s Licenses Taxi Driver s Licenses may be issued for a term of three (3) years and will expire three (3) years from the date of issue. It is the responsibility of the Driver to ensure that the License is renewed Duplicate License: A duplicate License may be issued by the Police Chief to replace any License previously issued which has been lost, stolen or destroyed, upon written application by the Licensee and upon payment of a fee as set out in By-law Number PC Stickers defaced, lost or destroyed shall be replaced by the Owner of the Taxi that the sticker applies to Revocation or Suspension: No person enjoys a vested right in the continuance of a License. The Police Chief may recommend to the Committee that a License be revoked or suspended for a certain period of time in the following circumstances: (a) the Licensee becomes disqualified to hold the License; (b) the Licensee fails to comply with any condition imposed upon the License under Section 2.12 of this By-law; or (c) the Licensee has been convicted of an offence pursuant to this By-law on more than one (1) occasion within a twelve (12) month period Quota System: (a) Unless the Committee, in its discretion decides otherwise, no person, partnership, association or corporation shall Own or have a direct or indirect financial interest in more than sixty percent (60%) of the total Taxis permitted to Operate in

9 Page 9 of 22 (b) (c) accordance with Section 2.18 of this By-law, or hold or have a direct or indirect financial interest in more than sixty percent (60%) of the Taxi Vehicle Licenses in Thunder Bay. If the total number of Taxi Vehicle Licenses issued under this By-law decreases and a person, corporation, association or partnership ends up holding more than 60% of Taxi Vehicle Licenses because of this decrease, he, she, or it will not be liable to prosecution or be asked to forfeit any Licenses validly held. However, he, she or it shall not be entitled to submit new applications for any additional licensed Taxis nor be permitted to Operate any additional Taxis until the they are again in compliance with Subsection (a) of this Section. No application for a Taxi Vehicle License, or for a transfer of a License, shall be processed by the Police Chief if approval of the application would result in a contravention of this Section Limitation on Number of Licenses: The maximum number of Taxi Vehicle Licenses issued in Thunder Bay shall not exceed one (1) License for every one thousand, five hundred (1,500) residents of Thunder Bay. When the number of Taxi Vehicle Licenses issued is at the maximum allowable within this Section no additional Taxi Vehicle Licenses will be issued until a Vacancy occurs Waiting List: Applications for Taxi Vehicle Licenses will be stamped with the date and time of their receipt and kept in chronological order on a numbered waiting list. The waiting list number will be entered on the register and on the application form. When a Taxi Vehicle License Vacancy occurs, the Applicant whose name appears at the top of the waiting list will be notified and invited to submit an application form for a License. The Applicant will then have ten (10) days, calculated from date of his or receipt of the notice (whether verbal or written), to submit the application form, together with all relevant information and documentation, for a Taxi Vehicle License. If the Applicant who is first on the waiting list does not wish to apply for, or does not qualify for a Taxi Vehicle License within the specified ten (10) day time period, his, her or its name and application shall be deleted from the waiting list by the Police Chief, and the next candidate on the waiting list will be notified of the Vacancy. The ten (10) day periods referenced in the immediately preceding two paragraphs will be considered extended to deal with any Committee hearings that may be required. In that case, the time limit will expire the day after the Committee renders its decision. When an Applicant from the waiting list obtains the License, the name of that Applicant will be deleted from the waiting list by the Police Chief. If the Police Chief becomes aware of a reason why an Applicant s name should be removed from the waiting list, a report will be made to the Committee, and the Committee may order that the name in question be deleted from the waiting list Accessible Taxi Vehicles: The Board may, by Resolution, direct the issuing of additional non-transferable Special Taxi Vehicle Licenses for Accessible Taxis. Accessible Taxis may be used to provide regular Taxi service. However, priority shall always be given to transporting persons disabilities and/or seniors.

10 Page 10 of Inspections: The Manager, the Police Chief, a Municipal Law Enforcement Officer, or any person acting under those persons, may at reasonable times, during regular business hours, inspect: (a) any premises or place where a Business is carried on or there are reasonable and probable grounds to believe a Business is being carried on; (b) any vehicle being Operated as a Taxi, whether or not that vehicle is licensed; (c) any vehicle which the Police Chief has reason to believe is being Operated as a Taxi, whether or not that vehicle is licensed; and/or (d) any goods, equipment, books, records or documents used or to be used by the Operator in connection with the Business. Every Owner licensed or liable to be licensed under this By-law shall permit the inspection of vehicles, records and equipment used in the Operation of the Business. The power to inspect the vehicles licensed under this By-law includes the power to cause them to be examined as to their mechanical condition. Article 3.00: Regulations and Offences Related to Taxi Vehicle Licenses 3.01 Operation Without License: It is an offence for the Owner of a Taxi to cause, permit or allow that vehicle to be Operated as a Taxi within Thunder Bay without having first taken out a Taxi Vehicle License for that vehicle pursuant to this By-law. This offence applies whether or not the Business is licensed by another municipality or the Business premises is located in another municipality, if the Taxis are Operated within Thunder Bay Licensed Operators: It is an offence for the Owner of a Taxi Vehicle License to cause, allow or permit that vehicle to be Operated as a Taxi by any person other than the Owner of a Taxi Driver s License issued pursuant to this By-law Change in Corporate Structure: It is an offence for a corporate Owner of a Taxi Vehicle License to fail to report to the Police Chief, within ten (10) days of the effective date, all changes of the identities and/or addresses of directors and officers of the Owner corporation. It is also an offence for a corporate Owner of a Taxi Vehicle License to fail to advise the Police Chief of the issue or entry of a transfer of any shares of its stock, or after it becomes aware of a transfer of any such shares. (a) In this Section 3.03, "equity share" means a share of a class of shares that carries a voting right either under all circumstances or under some circumstances that have occurred and are continuing. (b) In order to preserve the validity of any License held by a corporation, the prior approval of the Committee shall be required whenever: (i) (ii) there is an issue or transfer of any shares in the corporation; or a condition happens by which shares of a corporation's capital stock acquire voting rights where such issue, transfer or happening; (1) results in any shareholder and shareholders associated with the person beneficially Owning or controlling at least ten (10%) percent of the total number of all issued and outstanding equity shares of such stock; or

11 Page 11 of 22 (c) (d) (2) results in the increase in holding by any shareholder and shareholders associated with him who already beneficially Own or control ten (10%) percent or more of all issued and outstanding equity shares. In calculating the total number of equity shares of the corporation beneficially Owned or controlled for the purposes of this Section, the total number shall be the total of all the shares actually Owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equaling the total number of votes it carries. For the purposes of Subsection 3.03(b)(ii) a shareholder shall be deemed to be associated with another shareholder if, (i) one shareholder is a corporation of which the other shareholder is an officer or director; (ii) one shareholder is a partnership of which the other shareholder is a partner; (iii) one shareholder is a corporation that is controlled directly or indirectly by the other shareholder; (iv) both shareholders are corporations and one shareholder is controlled directly or indirectly by the same individual or corporation that controls directly or indirectly the other shareholder; (v) both shareholders are members of a voting trust where the trust relates to shares of a corporation; or (vi) both shareholders are associated within the meaning of clauses (i) to (v) with the same shareholder Taximeters: It is an offence for the Owner of a Taxi Vehicle License to cause, permit or allow the operation of the Taxi as such unless a taximeter has been installed and maintained within the Taxi. The taximeter must be programmed and/or calibrated to compute the fares to be paid for each trip as set out in Schedule A of this By-law. To qualify as a taximeter for the purposes of this Section 3.04, each taximeter shall be: (a) submitted for inspection and/or testing, along with the Taxi in which it is installed, when required by the Police Chief; (b) illuminated between sunset and sunrise; (c) in plain view of the passengers; (d) adjusted in accordance with the rates prescribed in Schedule "A" - Tariff of Rates of this Schedule; and (e) kept in good working condition at all times and not used when defective in any way. While every taximeter should be accurate, the tolerance shall not exceed on mileage tests (road tests) with respect to computed distance actually traveled, a tolerance of thirty (30) meters under a kilometer Required Markings: Each Taxi may display a sign with letters no larger than three inches in size, indicating the name of the company providing the Taxi service. The fleet number of the Taxi shall be displayed on the outer sides of the Taxi in numbers no less than five (5 cm) centimeters high and of contrasting colour. The numbers shall be kept

12 Page 12 of 22 clean and visible. An electric sign identifying the vehicle as a Taxi shall be securely affixed to the top of every licensed Taxi. The Owner of a Taxi shall submit the colour scheme and/or emblem to be used by their company to the Police Chief for inspection and approval. Colour schemes and/or emblems must be different from those of other Taxi companies in Operation within Thunder Bay so that members of the public can easily identify the Business Operator. The Owner of a Taxi shall not use or permit to be used on any Taxi, a colour scheme or emblem which is similar to another Taxi company or Operator Advertising: It is an offence for the Owner of a Taxi to cause, permit or allow the display of any advertisement for any other product or business on or in the Taxi. This Section 3.06 does not operate to prohibit a sign securely fastened on the roof behind the electric sign referred to in Section 3.05 of this By-law provided that: (a) the sign does not exceed twenty (20) inches in height and forty-eight (48) inches in length, and (b) any advertising that is deemed objectionable by the Board is removed License Display: It is an offence for the Owner of a Taxi to fail to maintain a plate, logo or other sign or marker supplied by the Police Chief indicating that the Taxi is so licensed, affixed in such place on the said Taxi as shall be designated by the Police Chief. Any sticker or plate supplied by the Board bearing a serial number issued to the Owner shall be securely affixed to the bottom driver s side corner of the back windshield, unless otherwise approved by the Police Chief. The License sticker shall be clearly visible from the outside of the vehicle. The serial number from the sticker shall also be reflected on the License Proper License Display: It is an offence for the Owner of a Taxi to cause, permit or allow the plate or marker required by Section 3.07 to be affixed to a vehicle other than the vehicle for which it was issued Removal of Display Items: If a vehicle ceases to be used and licensed as a Taxi under this By-law, for any reason whatsoever, the Owner of the Taxi Vehicle License for that Taxi shall remove the Business name, the roof sign and any other sign, language or display stating or implying that the vehicle is a Taxi before it can be Operated on a road or highway. Failure to Operate the vehicle without first removing the markings is an offence Driver Dress: It is an offence for the Owner of a Taxi Vehicle License to cause, allow or permit that vehicle to be Operated as a Taxi by any person who is not neat and clean in appearance and dress Fares: The rates or fares to be charged by the Owners of Taxis for the conveyance of passengers, either wholly within Thunder Bay, or to any point not more than five (5 km) kilometers beyond Thunder Bay s limits shall be exactly as shown in Schedule A to this By-law.

13 Page 13 of 22 It is an offence for the Owner of a Taxi Vehicle License to cause, permit or allow to be published or used a tariff of fares other than those set out in Schedule A to this By-law. The Goods and Services Tax shall be included in the taximeter (drop rate) and shall be calculated automatically in the fare Display & Maintenance of Tariff Card: It is an offence for the Owner of a Taxi Vehicle License to fail to cause a copy of the applicable Tariff Card to be fixed to the right rear window of the vehicle in such a way that it is legible from the inside of the Taxi Certificate of Mechanical Fitness: Every Owner of a Taxi Vehicle License shall submit to the Police Chief a certificate of mechanical fitness as prescribed by the Highway Traffic Act at least twice yearly, in respect of all licensed Taxis. The Owner shall submit a Certificate of Mechanical Fitness with the initial application for a License. The Owner shall submit the Certificate thereafter twice yearly, once between January 1st and February 28th, and once between June 1st and August 31st of each year. Failure to provide the certificates as and when required is an offence Maintenance Log: Every Owner of a Taxi Vehicle License shall maintain a vehicle maintenance log for each Taxi, to record all repairs and maintenance to the vehicle. The log shall include the date of purchase, mileage of the vehicle, as well as the dates and particulars of all repairs done to the vehicle, including the mileage of the vehicle at the time of repair. The log shall include all repairs and maintenance other than the repair or replacement of tires. Failure to maintain the maintenance log in the manner prescribed is an offence Mechanical Condition: It is an offence for the Owner of a Taxi Vehicle License to cause, permit or allow a Taxi to be Operated in anything other than a good mechanical condition Prohibition Against Unsafe Vehicles: It is an offence for an Owner of a Taxi Vehicle License to cause, permit or allow a Taxi to be Operated unless: (a) the vehicle is equipped with an extra tire and wheel ready for use; (b) the vehicle is clean and in good repair as to its exterior; (c) the vehicle is clean, dry and in good repair as to its interior; (d) the vehicle is free from refuse; (e) the vehicle is equipped with seatbelts in front and back seats which are clearly visible and in safe working condition; (f) the vehicle is equipped with an interior dome light in good working order; (g) the vehicle is equipped with provincial license plates; (h) the model year of the vehicle is not more than seven (7) years prior to the current year; (i) the vehicle shows no more than six hundred thousand (600,000 km) kilometers on its odometer; and (j) the vehicle is free from mechanical defects Exemption from 3.16(h): The age restriction on vehicles contained in Subsection 3.16(h) does not apply to Accessible Taxis.

14 Page 14 of Change in Provincial License Plate Number: The Owner shall notify the Police Chief within forty-eight (48) hours upon replacement of the Provincial license plates for any Taxi. Failure to report is an offence Inspection Prior to Use: Every Owner of a Taxi Vehicle License shall, on each work shift, before the vehicle is used as a Taxi, provide the Driver with an Inspection Check List to enable the Driver to comply with Section 4.13 of this By-law. Failure to provide the Checklist is an offence Inspection Checklist: The completed Inspection Checklists are to be kept by the Owner and made available to the Police Chief upon request. The checklists shall be retained by the Owner for at least three (3) months, and made available to the Police Chief upon request Action on Mechanical Defects: Every Owner shall immediately check any mechanical defects involving his or her Taxi which are reported to him or her from any source Provision of Insurance: Every Owner of a Taxi Vehicle License shall submit, or have submitted by his insurance broker and/or insurance company, a copy of the insurance policy for all of his or her licensed Taxis, together with any endorsements issued during the term of the policy, to the Police Chief. The policy must list each vehicle to be licensed and contain an endorsement to the effect that the insurer shall provide fifteen (15) days written notice to the Police Chief in the event of any change or cancellation by the insured or insurer. Failure to provide insurance is an offence Records Required: Every Taxi Owner shall maintain the records described in this Section 3.23 for a period of at least twelve (12) months. Failure to maintain the records is an offence. (a) Driver Lists: Every Taxi Owner shall maintain a list of the name, address, Ontario Driver s License number and Taxi Driver s License number of every Driver who Operates one of the Owner s Taxis, and shall provide that list to the Police Chief as and when required. (b) Vehicle Records: Every Taxi Owner shall keep a record containing the following information: (1) every Taxi dispatched on a trip; (2) the date and time of dispatch; (3) the place of pick-up and destination of the trip. (c) Trip Records: Trip records in a form approved by the Police Chief shall be maintained by all Owners. The Owner may retain a copy for his records. (d) List of Vehicles: Every Taxi Owner shall give a list of all Taxis Operated or dispatched to the Police Chief. The list of Taxis will contain the number of the Taxi vehicle License sticker and the number of the Provincial license plate issued to that Taxi Information to Police: Every person required to maintain records pursuant to Section 3.23 of this By-law shall allow access to the records at the request of the Police Chief. The Police Chief may be permitted to remove records and retain them for a reasonable time. Failure to provide access to records is an offence.

15 Page 15 of Location of Office: It is an offence for the Owner of a Taxi Vehicle License to fail to report to the Police Chief, in writing, any change the address of the place of Business or the head office of a corporate Licensee, within ten (10) days of the effective date of the change Investigation of Complaints: Owners must assist the Police in their inquiries where a complaint has been made against an Owner or Driver and that complaint is being investigated. Hindrance of an investigation is an offence Taxi Leasing Prohibited: No Owner shall enter into a lease of a Taxi Owned by him to any other person Taxi Cease of Use: The Owner of a Taxi Vehicle License shall notify the Thunder Bay Police Service in writing if any Taxi is no longer in active Operation. The notice shall be provided immediately whenever a Taxi has not been actively Operated in providing Taxi service to the public for one (1) full shift daily, for at least five (5) days during a seven (7) day period. When a Taxi has not been actively Operated in providing Taxi service to the public for one (1) full shift daily, for at least five (5) days during a seven (7) day period, the Owner may be required to show cause why the Taxi Owner's License should not be revoked or cancelled. Article 4.00: Regulations and Offences Related to Taxi Driver s Licenses 4.01 Operation Without License: It is an offence for any person to Operate a Taxi without having first taken out a Taxi Driver s License pursuant to this By-law Removal of Photograph: It is an offence for any person to remove a photograph from a Taxi Driver s License Defacing Photograph: It is an offence for any person to alter or deface a photograph on a Taxi Driver s License Replacing Photograph: It is an offence for a Driver to fail to immediately replace any photograph on his or her Taxi Driver's License which has become obliterated, defaced or altered Taximeters: It is an offence for any person to Operate a Taxi which is equipped with a taximeter that does not meet the specifications of Section 3.04 of this By-law Solicitation of Business: Subject to the provisions of this By-law, a Driver may solicit business by Operating the Taxi along any route, by queuing the Taxi at a Public Taxistand, or by receiving calls from a central location for the Business that a Taxi is required for a certain address or individual.

16 Page 16 of Public Taxi Stands: Parking or standing in any Public Taxi Stand shall be governed by the order in which Taxis arrive at the Public Taxi Stand. Whenever a Taxi vacates the stand, the next Taxi in the line will move forward into the vacated space Fares: The rates or fares to be charged by the Drivers of Taxis for the conveyance of passengers, either wholly within Thunder Bay, or to any point not more than five (5 km) kilometers beyond Thunder Bay s limits shall be exactly as shown in Schedule A to this By-law. It is an offence for the Driver of a Taxi Vehicle License to cause, permit or allow to be published or used a tariff of fares other than those set out in Schedule A to this By-law. The Goods and Services Tax shall be included in the taximeter (drop rate) and shall be calculated automatically in the fare Fare Up Front: Between the hours of eight o clock (8:00 p.m.) in the evening on any day, and eight o clock (8:00 a.m.) in the morning of the following day, a Taxi Driver may require payment of the Fare Up Front without contravening any provision of this By-law. The amount to be paid shall be a reasonable pre-estimate of the fare, based on the rates in Schedule A, and the estimated distance of travel. Should the actual distance traveled prove less than the advance estimate, the balance of the pre-paid fare shall be refunded promptly upon reaching the destination, to the person hiring the Taxi. Should a person fail or refuse to pay the Fare Up Front referred to in Sub-section (b) above, the Taxi driver may refuse to convey the passenger Fares for Multiple Passengers: It is the responsibility of the Driver to keep track of each Passenger's fare when there are multiple Passengers in the same Taxi in accordance with the Fares in Schedule "A" Dress: It is an offence for a Driver to Operate a Taxi unless he or she is properly dressed, and neat and clean in his or her person. Clothing shall be clean, and free from holes or tears in the material. Shirts shall be equipped with a collar. Sweaters, jackets, shirts or hats shall not display any graphics or language likely to offend any members of the public. Bush jackets, jogging pants, spandex leggings or sandals shall not be allowed. Socks shall be worn at all times. Sleeveless shirts, shirts with the mid-riff exposed, shorts or cutoffs shall not be permitted. Sideburns, hair, mustaches, or beards shall be kept neat and well trimmed Prohibition Against Unsafe Vehicles: It is an offence for a Driver to Operate a Taxi unless: (a) the vehicle is equipped with an extra tire and wheel ready for use; (b) the vehicle is clean and in good repair as to its exterior; (c) the vehicle is clean, dry and in good repair as to its interior; (d) the vehicle is free from refuse; (e) the vehicle is equipped with seatbelts in front and back seats which are clearly visible and in safe working condition; (f) the vehicle is equipped with an interior dome light in good working order; (g) the vehicle is equipped with provincial license plates;

17 Page 17 of 22 (h) (i) (j) the model year of the vehicle is not more than seven (7) years prior to the current year; the vehicle shows no more than six hundred thousand (600,000 km) kilometers on its odometer; and the vehicle is free from mechanical defects Inspection Prior to Use: Every Driver shall, on each work shift, before the vehicle is used as a Taxi, examine the vehicle for mechanical defects using the Inspection Checklist. The Driver is to retain the Inspection Checklist on his or her person while Operating the inspected Taxi. It is to be produced to the Police Chief upon demand. The Inspection Checklist is to be delivered to the Taxi s Owner upon completion of each shift If the Driver is not the same person as the Owner of the Taxi Vehicle License, the Driver shall immediately report to that Owner any mechanical or other defects that he becomes aware of upon inspection Vehicle Checks: Drivers shall search their Taxis after each trip for any property lost or left in the Taxi. Any and all property or money left in the Taxi shall be delivered to the Passenger to whom it belongs. If the Owner of the lost item cannot be determined, Drivers shall deliver the goods to the Police for safekeeping. Drivers shall complete and retain a report listing the items found, date, time and location of the fare Requirement to Carry License: The driver of any Taxi shall carry his or her Taxi Driver's License on his person at all times while Operating a Taxi and shall produce his Taxi Driver's License upon demand of a Municipal Law Enforcement Officer or Passenger Knowledge of this By-law, of Thunder Bay & Testing: Every Driver should have a good working knowledge of the geography of Thunder Bay. Every Driver should have a thorough knowledge of the duties of a Taxi Driver as set out in this By-law. Every Driver must be prepared to submit to a written or oral test upon the request of the Police Chief for any topic covered by this Section Routing: Every Driver licensed under this By-law shall take the most direct and expedient route to the intended destination unless otherwise directed by the Passenger Passenger Requests: Every Driver of a Taxi shall turn off any radio, (except for the Taxi s two-way radio), tape player or any other sound-producing mechanical device in the Taxi upon being requested so to do by any Passenger. Every Driver of a Taxi shall Operate the Taxi with its ventilation system and/or windows set to the desire of the Passenger. Every Driver of a Taxi shall issue a receipt, upon request, to a Passenger, indicating the fare paid, including any tips Animals to Assist: No Taxi Driver shall refuse to take a fare by reason of the fact that the prospective Passenger is accompanied by an animal intended to assist persons with disabilities Hindering Inspections: It is an offence for any Driver to hinder or obstruct, or to attempt to hinder or obstruct any Municipal Law Enforcement Officer exercising any power authorized by this By-law.

18 Page 18 of 22 Article 5.00: Offences Related to Courtesy Vehicles 5.01 Hospitality Courtesy Vehicle Owners: It is an offence for the Owner of a vehicle meeting the definition set out in paragraph 1.01(i) (1) of this By-law to cause, permit or allow that vehicle to be used to transport any passenger to (or from) the place of business of the Owner of the Courtesy Vehicle from (or to) any point other than: (a) an airport; (b) a railway station; or (c) a bus terminal Hospitality Courtesy Vehicle Operators: It is an offence for any person to Operate a vehicle meeting the definition set out in paragraph 1.01(i)(1) of this By-law to transport any passenger to (or from) the place of business of the Owner of the Courtesy Vehicle from (or to) any point other than: (a) an airport; (b) a railway station; or (c) a bus terminal Automobile Service Courtesy Vehicle Owners: It is an offence for the Owner of a vehicle meeting the definition set out in paragraph 1.01(i)(2) of this By-law to cause, permit or allow that vehicle to be used to transport any passenger to (or from) the place of business of the Owner of the Courtesy Vehicle from (or to) any point other than: (a) the residence of that passenger; or (b) the place of employment or business of that passenger Automobile Service Courtesy Vehicle Operators: It is an offence for any person to Operate a vehicle meeting the definition set out in paragraph 1.01(i)(2) of this By-law to transport any passenger to (or from) the place of business of the Owner of the Courtesy Vehicle from (or to) any point other than: (a) the residence of that passenger; or (b) the place of employment or business of that passenger. Article 6.00: The Committee 6.01 Delegation to Board: Pursuant to Section 159 of the Municipal Act, licensing powers contained in Part IV of the Municipal Act with respect to Taxis have been assigned by the Council to the Board. The Board shall make all final decisions with respect to refusal to issue, suspension or revocation of a License under this By-law Applicant Request for Hearing: An Applicant may, within thirty (30) days of the date that a License is denied to an Applicant or the date that a License is revoked or suspended, or the date on which a License is issued subject to conditions, the Applicant or former License Owner, as the case may be, may request a hearing of the Committee to: (a) review the determination by the Police Chief that the Applicant is disqualified from holding a License; or (b) review any conditions imposed upon a License pursuant to Section 2.12 of the By-law.