The Ottawa Record

City Council

April 13, 2016

What was decided (17 motions)

12 carried, 5 recorded otherwise. Every motion below is printed as the minutes print it.

That Community and Protective Services Committee Report 11; Finance and Economic Development Committee Report 13; and Transportation Committee Report 13 b e received and considered; and T hat, pursuant to subsection 35 (5) of Procedure By-law 2014-441, Council receive and consider Agriculture and Rural Affairs Committee Report 14; and T hat the Rules of Procedure (Subsection 29.(3)) be suspended to receive and consider Community and Protective Services Committee Report 12. Waiver of the Rules is being requested because, due to the length of the Committee meeting, the Council Report was not ready for distribution to Members of Council with the draft Agenda.
Moved by Councillor R. Brockington, seconded by Councillor J. Leiper
Carried
C. McKenney WHEREAS on March 21, 2016 the Community and Protective Services Committee passed a motion to allow the three pet shops identified in Appendix A in document 1 of the City of Ottawa staff report to undergo a five (5) year transition period to an adoption model where they sell, keep or offer for sale cats and dogs originating only from a municipal animal shelter, a registered humane society, a registered society for the prevention of cruelty to animals, or a rescue organization; and WHEREAS a transition period is necessary to allow these 3 pet shops to adjust their business approaches to match the new adoption model; and WHEREAS all Ontario municipalities that have already implemented a pet ban had shorter transition periods which ranged between 3 and 12 months; and WHEREAS a longer transition period allows for the potentially prolonged purchasing of unethically sourced cats and dogs; THEREFORE BE IT RESOLVED that the City of Ottawa amend this motion to reduce the transition period to the adoption model from five (5) years to three (3) years.
Moved by Councillor J. Leiper
Lost
THEREFORE BE IT RESOLVED that licensed pet shops be required to publicly disclose the name of the breeding establishments from which their cats and dogs are sourced (without disclosing personal information).
Moved by Councillor R. Brockington, seconded by Councillor J. Leiper
Lost
C. McKenney That City Council amend the report requiring pet shops to provide certificates to clients at the time of purchase and that we require as part of the license to protect consumers against the issue of impulse buying for every purchase to require at least a 48 hour working day return policy.
Moved by Councillor M. Fleury
Carried
WHEREAS the Committee report recommends that the requirement for in-vehicle cameras continue to be required for taxicabs in order to maintain public safety, given that taxis would continue to be the only vehicle-for-hire that can accept cash and street hails, and use taxi stands; and WHEREAS in-vehicle cameras are not proposed for Private Transportation Companies (PTCs) due to the mutual identification of both driver and passenger through the app, no cash transactions and no street hails; and WHEREAS some Members of Council have expressed concerns with respect to whether or not the rating system used by the app provides sufficient consumer protection, and believe that in-vehicle cameras might be a necessary layer of protection for the consumer; and WHEREAS staff will be reporting on the compliance issues for the new Vehicle-for-Hire with a verbal update after 3 months, and a written report 6 months following the implementation date, and then again at the one-year mark; and WHEREAS, after one year, staff and Council will have received feedback on safety issues, and Council would be able to revisit the issue of in-vehicle cameras for PTCs if there were identified public safety and consumer protection issues that could be addressed by adding this requirement to the by-law, as such issues would be considered new information; THEREFORE BE IT RESOLVED that City Council direct the Chief License Inspector to examine the issue of safety complaints with respect to Private Transportatio
Moved by Councillor R. Brockington, seconded by Councillor J. Harder
Carried
WHEREAS the Community and Protective Services Committee is recommending that the City Clerk and Solicitor ask the Canada Revenue Agency (CRA) to provide the City of Ottawa with advice on the obligations of Private Transportation Companies (PTC) and their affiliated drivers to collect and remit HST, and that the City Clerk and Solicitor report any information received in response from the CRA; and WHEREAS some parts of the taxi industry have requested that any HST obligations currently undertaken by taxi licensees are mirrored in the City’s proposed PTC regulations; and WHEREAS some Members of Council wish to have the ability to address this request, should the response from the CRA indicate that this is a requirement of federal tax law and/or a practical requirement that the Vehicle-for-Hire By-law should address; and WHEREAS staff will be reporting on the compliance issues for the new Vehicle-for-Hire with a verbal update after 3 months, and a written report 6 months following the implementation date, and then again at the one-year mark; and THEREFORE BE IT RESOLVED that Council direct staff to review the response received from the Canada Revenue Agency, and include any recommended by-law amendments for Private Transportation Companies to address HST obligations, if appropriate and required, and that a similar review be made with respect to all vehicles for hire, if appropriate and required, as part of the compliance report following the receipt of the federal government res
Moved by Councillor G. Darouze, seconded by Councillor M. Fleury
Carried
WHEREAS the Community and Protective Services Committee recommends that all vehicle-for-hire licensee categories be required to obtain and maintain $5 Million insurance limits with respect to either Automobile Liability Insurance or Non-Owned Automobile Liability Insurance, as the case may be, depending upon whether the particular licensee owns the vehicle used for the licensed business; and WHEREAS this is in addition to a requirement for Taxi Brokers, Taxi plate Holders, Limousine Service providers, and the new Private Transportation Company licensees to also obtain Commercial General Liability Insurance; and WHEREAS stakeholders from the Private Transportation Company industry have advised that the proposed $5 Million limit for Automobile Insurance (both Owned and Non-Owned, as the case may be) is onerous and, furthermore, representatives of Intact Insurance have also advised that it is not required at this time; and WHEREAS the taxi industry is currently required to have $2 million Automobile Liability Insurance, and the limousine industry currently is required to have $1 million in Automobile Liability Insurance, and this has been identified as a common element in the staff report; and WHEREAS the KPMG report recommended a $2 million threshold; THEREFORE BE IT RESOLVED that Council approve an amendment to reduce the Automobile Insurance requirements (both Owned and Non-Owned, as the case may be, depending on the category of Licensee) for all vehicle-for-hire categories f
Moved by Councillor S. Moffatt, seconded by Councillor A. Hubley
Carried
WHEREAS municipalities regulate the age of vehicles-for-hire to ensure that they have up-to-date safety features and that the vehicles are reasonably new and in good condition, and this approach is effective, easily understood and simple to enforce; and WHEREAS on April 11, 2012, Council approved a maximum vehicle age of eight years for taxicabs, and there currently is no age limit on limousines; and WHEREAS the Community and Protective Services Committee report titled, “Regulating Vehicles-for-Hire in the City of Ottawa – Taxis, Limousines and Private Transportation Companies,” (ACS2016-COS-EPS-0012) recommends increasing the maximum vehicle age for taxicabs to 10 years and establishing a maximum vehicle age of 10 years for Private Transportation Companies and limousines outside of the “vintage” category, with biannual inspections for all vehicles greater than five years of age, based on recommendations set out in the KPMG final report; and WHEREAS stakeholder feedback has indicated that a maximum vehicle age of eight years is satisfactory and in some cases preferable, and staff concurs that newer vehicles support guiding principles of consumer protection and public safety; THEREFORE BE IT RESOLVED that Council approve that the maximum vehicle age of eight years for taxicabs, as set out in the Taxi By-law (2012-258, as amended), be retained and that a maximum vehicle age of eight years be established for Private Transportation Companies and limousines outside of the “vintage
Moved by Councillor T. Tierney, seconded by Councillor G. Darouze
Lost
That Motion No. 29/9 be
Moved by Councillor E. El-Chantiry, seconded by Councillor R. Chiarelli
Referred
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 b
Moved by Councillor E. El-Chantiry, seconded by Councillor R. Chiarelli
Lost
WHEREAS the staff report recommends the establishment of a new business licensing category for Private Transportation Companies (PTCs) based on the City’s current legislative authorities found in Part IV of the Municipal Act, 2001 to license businesses and trades; and WHEREAS Part IV of the Municipal Act, 2001 defines the City’s ability to establish rates as limited to the owners and drivers of taxicabs (and tow trucks, which the City does not currently license); and WHEREAS Council believes it is in the best interest of Ottawa consumers for the City to have similar statutory authority with respect to PTCs; THEREFORE BE IT RESOLVED That City Council approve that the City ask the Province of Ontario to amend Part IV of the Municipal Act, 2001 , to provide authority for municipalities licensing Private Transportation Companies to establish their rates and fares by by-law, and to provide for their collection, in a similar manner to what is currently permitted for taxicabs and tow trucks.
Moved by Councillor S. Blais, seconded by Councillor M. Qaqish
Carried
WHEREAS the Transportation Committee report entitled “Review of Congestion Pricing Tools,” originated as a Notice of Motion from Councillor Chernushenko and was amended by Transportation Committee at its meeting of April 6, 2016; and WHEREAS the title of the report no longer reflects the intent of the Transportation Committee recommendation, and there is currently no procedural mechanism to address this other than by motion; THEREFORE BE IT RESOLVED THAT the report title be amended read as follows: “Study of Causes of Traffic Congestion and the Full Range of Solutions.”
Moved by Councillor D. Chernushenko, seconded by Councillor S. Moffatt
Carried
That Agriculture and Rural Affairs Committee Report 14, Community and Protective Services Committee Reports 11 and 12; Finance and Economic Development Committee Report 13; and Transportation Committee Report 13 be received and adopted as amended.
Moved by Councillor R. Brockington, seconded by Councillor J. Leiper
Carried
WHEREAS the interest and fees charged on a loan from a payday loan establishment can exceed by several times the amount of the loan; and WHEREAS there is a clustering of payday loan establishments in areas where financially vulnerable persons reside; and WHEREAS Section 10 of the Municipal Act, 2001 permits the City to enact by-laws respecting: the economic, social and environmental well-being of the municipality: the health, safety and well-being of persons; and the protection of persons and property, including consumer protection; and WHEREAS Sections 10 and 151 of the Municipal Act, 2001 also permits a municipality to license businesses within the municipality; and WHEREAS the City of Hamilton, on February 24th, 2016, enacted a licensing by-law amendment in respect of payday loan establishments; and WHEREAS the Municipal Act, 2001 does not permit, other than in respect of adult entertainment establishments, a municipality through licensing to restrict the location or number of the establishments of such business; THEREFORE BE IT RESOLVED THAT City Council: 1. a) Direct By-law and Regulatory Services to bring a report to the Community and Protective Services Committee and Council recommending an amendment to the Licensing By-law to require that payday loan establishments be subject to licensing by the end of the first quarter of 2017; and b) Direct staff to consult with all stakeholders prior to the submission of such report and reflect the results of these consultations in
Moved by Councillor M. Fleury, seconded by Mayor J. Watson
Carried
WHEREAS Canada Post Corporation identifies the area located within the boundaries of the Fernbank Community Design Plan, as well as areas to the north of these lands, as Kanata; AND WHEREAS these areas are located within Ward 6 – Stittsville, and the requirement to identify the recipient as being located in Kanata is causing confusion amongst residents as well as mailers; THEREFORE BE IT RESOLVED that the City of Ottawa request Canada Post Corporation recognize the properties located within the area identified on the attached map as being part of Stittsville, and revise the mailing addresses for these properties to reflect the same, in addition to being located in Ottawa; BE IT FURTHER RESOLVED that a copy of this motion be sent to the Canada Post Corporation and the Minister responsible for the Canada Post Corporation, the Honourable Judy M. Foote , as well as to the Municipal Property Assessment Corporation.
Moved by Councillor S. Qadri, seconded by Councillor A. Hubley
Carried
That the by-laws listed on the Agenda under Motion to Introduce By-laws, Three Readings be read and passed. THREE READINGS 2016-114 A by-law of the City of Ottawa to amend certain by-laws regulating sewers and sewer works being By-laws 130-1996 for the former City of Gloucester and By-laws 20-90 and 21-90 of the former City of Nepean. 2016-115 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of part of the lands known municipally as 3508 Greenbank Road and Part of 3853 and 3900 Cambrian Road. 2016-116 A by-law of the City of Ottawa to amend By-law No. 2014-220 respecting the fees for building applications and permits. 2016-117 A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement. 2016-118 A by-law of the City of Ottawa to amend By-law No. 2003-69 respecting fees for compliance reports in the Building Code Services Branch. 2016-119 A by-law of the City of Ottawa to designate certain lands at 515, 517, 519 and 521 Egret Way on Plan 4M-1443, as being exempt from Part Lot Control. 2016-120 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of part of the lands known municipally as 6069 Fourth Line Road. 2016-121 A by-law of the City of Ottawa to repeal By-law No. 2016-41 and to amend By-law No. 2007-452 respecting tax deferral program fees. 2016-122 A by-law of the City
Moved by Councillor R. Brockington, seconded by Councillor J. Leiper
Carried
THAT By-law 2016-123 to confirm the proceedings of Council be enacted and passed.
Moved by Councillor R. Brockington, seconded by Councillor J. Leiper
Carried

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