Community and Protective Services Committee

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

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

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.

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 transportat

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 tha

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 re

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.

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.

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

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.

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

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.

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, t raining 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 Co

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