General Government and Licensing Committee

The full agenda, as filed

All 32 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.

Items 26 to 32 of 32Show 2550100all

• GL6.26adopted

  Feasibility of a New Year's Eve Grace Period for Permit Parking Violations

  This report responds to City Council's direction through Item MM2.15 to investigate the feasibility of providing a New Year's Eve grace period for "Park in Permit Parking Location without a Valid Permit" violations between 10:00 p.m. on December 31 and 10:00 a.m. on January 1. Staff conducted this feasibility study by completing a jurisdictional scan and analyzing the policy proposal in the following areas: - required amendments to City By-laws; - impact on the Residential On-Street Parking Program; - impact on Parking Tags Enforcement and Operations; and - impact on the City's Administrative Penalty System (APS) for parking violations. A New Year's Eve grace period, as outlined in Item MM2.15, requires an amendment to the City of Toronto Municipal Code Chapter 925 (Permit Parking), allowing for the elimination of the Permit Parking By-law during the designated time period. Based on parking violation notice (PVN) issuance between 10:00 p.m. on December 31, 2018 and 10:00 a.m. on January 1, 2019, it is anticipated that a grace period will reduce PVN issuance by approximately 330 PVNs. This corresponds to approximately 54 fewer disputes being administered through the City's APS Program (screening and hearing reviews combined) based on 2018 PVN dispute statistics. Staff have reviewed the proposal to implement a New Year's Eve grace period for the violation of "Park in Permit Parking Location without a Valid Permit" and have identified two concerns which need to be considered: the impact to residents who have purchased on-street parking permits or temporary on-street parking permits and the impact of additional parking on residential streets for emergency vehicle access. Implementing a New Year's Eve grace period as proposed would limit the number of available on-street parking spaces during the designated time period for residents that purchase parking permits and temporary parking permits through the Residential On-Street Parking Program. This would place permit holders at a disadvantage during the designated time period, as on-street parking spaces may not be available. Temporary parking permits are available to the public on New Year's Eve. This Program supports safe celebration practices during the holiday season. A New Year's Eve grace period could create public safety concerns. An influx of illegally parked vehicles on City streets may create pinch points on residential streets and could even restrict access for emergency vehicles in some cases. Staff completed a jurisdictional scan of Brampton, Burlington, Oakville, Oshawa, and Vaughan to determine if other municipalities in the Greater Toronto Area have similar parking policies on New Year's Eve. Several municipalities offer free parking in town/city-owned parking lots during the holiday season. None of the municipalities in the jurisdictional scan offer a grace period for permit parking violations.

  The General Government and Licensing Committee received the report (June 7, 2019) from the City Solicitor, the General Manager, Transportation Services, and the Director, Court Services, for information.

  Staff recommendation as filed

  The City Solicitor, the General Manager, Transportation Services, and the Director, Court Services recommend that: 1. The General Government and Licensing Committee receive this report for information.

• GL6.27amended

  Consideration of a Startup in Residence (STIR) Program in the City of Toronto

  The purpose of this report is to respond to the General Government and Licensing Committee's direction for staff to consider developing a Startup in Residence (STIR) Program or to consider joining the existing Municipal Information Exchange program. The report further outlines and highlights innovative procurement initiatives already in progress in the City of Toronto and recommends that staff report back in the second quarter of 2020 on the assessment of the costs and benefits of implementing a STIR Program, as compared to the benefits from the existing innovative partnership and procurement programs currently being implemented. The City of Toronto is committed to making procurement faster, more flexible, more inclusive, and easier to understand. The City also aims to enable a greater diversity of firms to develop new solutions that can help the City solve pressing civic challenges. One potential solution is a STIR Program, already adopted by many cities, which would aim to assist the City in rapidly addressing civic challenges where a solution is not readily available and success is not necessarily guaranteed. To this extent, the City has already undertaken innovative procurement initiatives that produce similar benefits to a STIR Program. The Civic Innovation Office and the Purchasing and Materials Management Division (PMMD) have developed an Invitation to Partner (ITP) procurement approach. ITP was based on the STIR Program and provides an opportunity for proponents to collaborate with City staff and residents to co-create a solution to a civic challenge. In addition to the ITP, the City of Toronto supports Civic Hall Toronto, a program that strengthens the civic technology ecosystem in the Greater Toronto Area (GTA) by incubating solutions for various civic challenges through collaboration between the government and Toronto's technology community. Finally, PMMD is also implementing category management, which will leverage the City's consolidated purchasing power to find the best possible values in the marketplace and further foster innovation. As the current innovative procurement initiatives deliver similar benefits as a STIR Program, City staff require time to assess the beneficial outcomes of these procurement initiatives before further efforts and new programs are considered. Implementing a new program may hinder the progression and focus on the existing initiatives. It is therefore strongly recommended to focus City efforts on the existing innovative procurement programs through ITP and Civic Hall Toronto and that a new STIR Program be considered as a part of the 2020 Budget cycle, once these other procurement initiatives have had time to operationally mature.

  The General Government and Licensing Committee: 1. Directed the Chief Information Officer, the General Manager, Economic Development and Culture, the Chief Purchasing Officer, and the Director, Civic Innovation Office to: a. review and identify the operating costs and associated benefits of implementing a permanent Startup in Residence Program for the City of Toronto or joining the Municipal Innovation Exchange or both; b. compare the benefits of the Startup in Residence Program with the benefits from the other innovative partnership and procurement programs currently being implemented in the City of Toronto; and c. report to the General Government and Licensing Committee at its meeting on October 7, 2019 with recommendations concerning whether the City of Toronto should also implement a permanent Startup in Residence Program or join the Municipal Innovation Exchange or both.

  Staff recommendation as filed

  The Chief Information Officer, the General Manager, Economic Development and Culture, the Chief Purchasing Officer, and the Director, Civic Innovation Office recommend that: 1. The General Government and Licensing Committee direct that the Chief Information Officer, the General Manager, Economic Development and Culture, the Chief Purchasing Officer, and the Director, Civic Innovation Office: a. review and identify the operating costs and associated benefits of implementing a permanent Startup in Residence Program for the City of Toronto or to joining the Municipal Innovation Exchange or both; b. compare the benefits of the Startup in Residence program with the benefits from the other innovative partnership and procurement programs currently being implemented in the City of Toronto; and c. report to the General Government and Licensing Committee in the second quarter of 2020 with recommendations concerning whether the City of Toronto should also implement a permanent Startup in Residence Program or join the Municipal Innovation Exchange or both.

• GL6.28deferred

  Feasibility of Changing the City of Toronto's Policy on Statutory Holidays

  The City of Toronto's current policy on Designated Holidays and Floating Holidays and the collective agreement implementations of that policy provide for flexibility in accommodating requests by employees to observe religious days that are not among the 11 holidays designated by the City. The City's practice of allowing employees to use paid floating holidays, lieu time, applicable leaves, or other scheduling options meets the requirements of the Ontario Human Rights Code and is consistent with the approach taken by most public and private sector employers in the province.

  The General Government and Licensing Committee deferred consideration of the item until the second quarter of 2020.

  Staff recommendation as filed

  The Executive Director, People, Equity and Human Rights recommends that: 1. The General Government and Licensing Committee receive this report for information.

• GL6.29amended

  Fair Wage Office - 2018 Annual Report

  This report provides an overview of the activities of the Fair Wage Office for 2018.

  The General Government and Licensing Committee: 1. Requested the Manager, Fair Wage Office, to include the following in their 2019 Annual Report to the General Government and Licensing Committee: a. information about the Province of Ontario's Fair Wage Policy; and b. a comparison of the City of Toronto's Fair Wage Policy with the Province of Ontario's Fair Wage Policy.

  Staff recommendation as filed

  The Manager, Fair Wage Office recommends that: 1. The General Government and Licensing Committee receive this report for information.

• GL6.30adopted

  Addition to the Records Retention By-law

  Under Section 201 of the City of Toronto Act, 2006, a record of the City may be destroyed if a retention period has been established and the retention period has expired or the record is a copy of the original record. Chapter 217, Records Corporate (City), provides the legislative basis on which the retention periods for City records are authorized and Schedule A indicates the retention period for each records class. The People, Equity and Human Rights Division, as part of their transformation initiative, has requested that an authorized retention for personnel records be added to Schedule A. The bulk of the personnel files held by the City have no authorized retention period. Records dating as far back as 1910 and totalling almost 6,000 boxes continue to be stored at the Records Centre.

  The General Government and Licensing Committee recommends that: 1. City Council amend Schedule A, Records Retention Schedule, in the City of Toronto Municipal Code Chapter 217, Records, Corporate (City), as outlined in Appendix 1 to the report (June 7, 2019) from the City Clerk.

  Staff recommendation as filed

  The City Clerk recommends that: 1. City Council amend Schedule A, Records Retention Schedule, in the City of Toronto Municipal Code Chapter 217, Records, Corporate (City), as set out in Appendix 1 to this report.

• GL6.31amended

  Review of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire

  This report proposes amendments to the Vehicles-for-Hire By-law (the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire) related to accessibility, public safety, vehicle requirements, and limousines. It also recommends technical amendments to further improve the licensing and enforcement of the vehicle-for-hire industry. The Vehicles-for-Hire By-law came into effect in July 2016 to establish a set of rules and regulations for taxicabs, limousines, and private transportation companies such as Lyft and Uber. The By-law reset and modernized the City of Toronto's approach to regulating for-hire drivers and vehicles. It responded to the public's request for choice in regulated transportation options and provided an opportunity for the City to shift from prescriptive regulation to a risk-based licensing approach. The transition was rooted in the City's regulatory purpose of ensuring public safety and consumer protection and created the opportunity for competition. Since May 2016, staff have focused on implementing the new regulations. The implementation of the new By-law has been a large and complex undertaking that required significant business transformation, including creating digital solutions. In June 2018, the Licensing and Standards Committee considered the Work Plan for the Review of Chapter 546, Vehicles-for-Hire, thereby launching the review of the Vehicles-for-Hire By-law. Staff have since undertaken a review of the By-law and identified proposed changes to address several issues, including driver and vehicle requirements, limousine regulations, and cost to delivering accessible vehicle-for-hire service. This report proposes an accessibility strategy that includes an Accessibility Fund Program and updated By-law requirements. The Accessibility for Ontarians with Disabilities Act requires the City to take steps to ensure that equitable vehicle-for-hire service is available to all individuals. The proposed strategy responds to the 2016 City Council direction to establish an accessibility fund to collect regulatory charges from members in the industry that do not provide wheelchair accessible service and disburse these funds to wheelchair accessible taxicab owners and drivers. Staff heard from users of accessible service that the service is not always readily available and that there is sometimes inconsistent quality of service. Accessible service providers told staff that the cost of operating wheelchair accessible vehicles is higher than that of standard taxicabs and that this is due, in part, to the cost of conversion and maintenance. Higher costs, staff heard, limit the financial return that owners and drivers can expect and, as a result, act as a deterrent to having these vehicles on the road full-time. The aim of the proposed accessibility strategy is to address the higher cost of delivering accessible service, increase the availability of accessible service, and improve the consistency and quality of accessible service. In addition to the accessibility strategy, this report recommends changes to enhance public safety, including changes to driver requirements that will contribute to greater driver experience and knowledge, by increasing the minimum years of driving experience from one to three years and introducing mandatory training requirements. Finally, removing outdated limousine restrictions will provide flexibility within the industry and greater consumer choice. The proposed changes to the Vehicles-for-Hire By-law are based on research completed and feedback heard during consultations in 2018 and the beginning of 2019. Internal research included literature reviews, jurisdictional scans, stakeholder consultations, and an analysis of licensing, complaint, and enforcement data. In addition, staff hosted 18 public consultation meetings and two Accessibility Panel meetings. A Transportation Impact Study was also undertaken by Transportation Services with support from the University of Toronto's Transportation Research Institute. Municipal Licensing and Standards (MLS) also procured a consulting firm to complete an Economic Impact Study and a market research firm to complete public opinion research and focus group sessions. The outcome of this work is discussed in this report. This report was prepared in consultation with Legal Services, Economic Development and Culture, Policy, Planning, Finance and Administration, and Transportation Services.

  The General Government and Licensing Committee recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, as follows: Accessibility Fund Program 1. Add a provision to create an Accessibility Fund Program that is: a. funded through regulatory charges on members of the vehicle-for-hire and private transportation company industries that do not provide City-licensed wheelchair accessible service; and b. disbursed based on service standards and eligibility criteria to City-licensed wheelchair accessible drivers and owners that are not under contract with the Toronto Transit Commission's Wheel-Trans specialized transit service. 2. Add a provision to allow the Executive Director, Municipal Licensing and Standards or their designate to establish the funding formulas for the disbursement of funds, the service standards, and the eligibility criteria for the Accessibility Fund Program. 3. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the service standards and the eligibility criteria. 4. Add a provision to state that accessible vehicle-for-hire drivers must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. current and valid training endorsement for accessible service; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 5. Add a provision to state that accessible vehicle-for-hire owners must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. vehicle is compliant with the Canadian Standards Association standard for wheelchair accessible vehicles; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 6. Add a provision to state that, to be eligible for the Accessibility Fund Program, licensed vehicle-for-hire drivers and owners must provide the following information as part of the application process: a. business licence number under this chapter; b. full name; c. mailing address; d. contact information such as phone number and e-mail address; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 7. Add a provision that the Executive Director, Municipal Licensing and Standards may refuse or cancel funding if the accessible owner or driver does not meet the eligibility criteria or service standards as set out by the Executive Director, Municipal Licensing and Standards, if the funding was granted due to an administrative or technical error, or if the accessible owner or driver has not provided complete or accurate data or information. 8. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall provide the accessible owner or driver with written notice that consideration is being given to the refusal or cancellation of their funding application and providing the accessible owner or driver with an opportunity to respond in writing to this notice within 10 days of being notified. Municipal Licensing and Standards will then provide the accessible owner or driver with written notice of its final decision. If an accessible owner or driver's eligibility has been refused or cancelled because the owner or driver was not properly eligible or provided incomplete or inaccurate information, the accessible owner or driver will not be eligible for the Accessibility Fund Program for two years. 9. Add a provision that the Executive Director, Municipal Licensing and Standards may recover any funds disbursed in error or if the funds were disbursed based on incomplete or inaccurate information provided by the applicant. 10. Add a provision that requires, as conditions for licence renewal, that the Accessibility Fund Program regulatory charge be paid and that funds disbursed from the Accessibility Fund Program based on incomplete or inaccurate information provided by a funding applicant be repaid. 11. Add a provision to state that the Executive Director, Municipal Licensing and Standards has the authority to, at any time, recalibrate the funding formulas or prohibit the disbursement of funds to applicants based on the availability of funding. 12. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall collect regulatory charges associated with the Accessibility Fund Program at the same time as licensing fees are collected. Administration, Audit Powers, and Revocation Process of Training Programs 13. Add a provision to allow the Executive Director, Municipal Licensing and Standards to establish the mandatory components and criteria for the accreditation of training programs for all drivers licensed under this chapter. 14. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the mandatory components of training programs, criteria to accredit training programs, and a list of approved training programs. 15. Add a provision that each applicant for the certification of a training program shall provide, at minimum, the following information to the Executive Director, Municipal Licensing and Standards: a. full name of individual or business; b. mailing address; c. contact information, including phone number and e-mail address; d. the syllabus of the proposed training content; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 16. Add a provision that the Executive Director, Municipal Licensing and Standards has the authority to audit approved training programs and request information related to the audit, as required. 17. Add a provision that, pursuant to the audit and investigation process, the Executive Director, Municipal Licensing and Standards has the authority to revoke the accreditation of training programs if: a. Municipal Licensing and Standards has reasonable grounds to believe that the training program no longer meets the requirements for inclusion on the approved list, in accordance with the mandatory components established by the Executive Director, Municipal Licensing and Standards; b. Municipal Licensing and Standards has reasonable grounds to believe that the training program is not being delivered or its officers, directors, or employees have not acted in accordance with the intent of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or if incomplete or inaccurate information has been provided; or c. Municipal Licensing and Standards has reasonable grounds to believe that the conduct of the training program or its officers, directors, or employees has resulted, or will result, in a breach of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or any other law. 18. Add a provision that vehicle-for-hire or private transportation company drivers who obtained a licence on the basis of their membership in a training program that is then removed from the City's approved list must provide proof of the successful completion of another approved training program at their licence renewal, if required by the Executive Director, Municipal Licensing and Standards. 19. Add a provision that vehicle-for-hire or private transportation company drivers who do not submit proof of the successful completion of another approved training program at their licence renewal will be deemed to no longer meet the licensing requirements under the By-law and the licence renewal application will be incomplete until proof of training is submitted. Audit and Investigative Authority of Municipal Licensing and Standards 20. Add a provision to allow for Municipal Licensing and Standards to require private transportation companies, limousine brokers, and taxicab brokers to provide records to Municipal Licensing and Standards for the purposes of investigating compliance with this chapter and for researching and undertaking accessibility reviews, transportation planning, and environmental policies or initiatives relevant to the vehicle-for-hire industry and require that records must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licencing and Standards. 21. Add a provision to require that taxicab, limousine, and private transportation company records requested by a police officer shall be provided directly to the police officer within 24 hours and records requested by Municipal Licensing and Standards shall be provided within 30 days of the receipt of the request or within 24 hours, if required by the Executive Director, Municipal Licensing and Standards. 22. Add a provision that any licence holder under the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, is guilty of an offence if they provide incomplete or inaccurate information or business records to a police officer or Municipal Licensing and Standards. Cameras 23. Delete the definition of camera. 24. Authorize the Executive Director, Municipal Licensing and Standards to establish criteria for and prohibit the use of cameras in licensed vehicles. Collision Reporting 25. Add a provision to state that private transportation companies and limousine and taxicab brokers shall record and provide collision incident information (including type of vehicle, date and time of incident, and location of incident to the nearest intersection) at a frequency that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. Inspection Powers 26. Amend the inspection powers of Municipal Licensing and Standards to confirm that they extend to vehicles-for-hire. Limousine Owners 27. Add a provision that limousine owner licensing fees are waived for accessible limousine owners. 28. Add a provision that accessible service must be provided through vehicles that are in compliance with the standard for accessible vehicles outlined in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 29. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a limousine, then the limousine owner shall ensure that notice stating that passengers are being or may be recorded is provided through notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 30. Add a provision that requires limousines to have "Watch for Bike" notices affixed to the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 31. Remove the requirement for limousine owners to enter into service agreements to permit them to dispatch their own limousine and/or accept service requests. A limousine owner who dispatches his or her own limousine will not be considered a limousine broker. 32. Remove the minimum fare requirement of $70 per hour for the first two hours, permit limousine owners and brokers to set rates to be charged on a flat or hourly basis, and require that a limousine owner or broker confirm that a passenger has accepted the rate before the vehicle is dispatched by sending written confirmation to the customer and maintaining records for three years. 33. Define a limousine as any accessible, stretch, or sedan limousine in respect of which a limousine owner's licence has been issued or in respect of which a licence is required under this chapter. 34. Define a sedan limousine as a non-metered vehicle that may carry a maximum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 35. Define a stretch limousine as a non-metered vehicle either purpose-built or modified to provide an extended seating area and carry a minimum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 36. Define an accessible limousine as a vehicle which is designed, used, or intended to be used to provide wheelchair accessible service and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 37. Amend the insurance requirements to ensure that each limousine with a seating capacity of more than seven passengers is insured under a policy of automobile insurance as required under the Public Vehicles Act. Limousine Brokers 38. Rename limousine service company to limousine broker throughout the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 39. Add a provision that limousine brokers shall only dispatch licensed limousines driven by individuals holding valid vehicle-for-hire driver's licences. 40. Add a provision that limousine brokers must publish business contact information online for the public. 41. Remove the stretch-to-sedan fleet ratio to allow limousine brokers to determine the appropriate type and number of licensed limousines required for their business. 42. Amend the requirements for data recorded in dispatch records to also require the following information in relation to transportation commencing or terminating in Toronto: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times (by reference to the nearest minute) the trip started and terminated; c. length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip; d. type of service provided such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the assigned driver's licence number and unique identification number used by the brokerage (if any). 43. Add a provision that data recorded in dispatch records must be produced within 30 days and in a format that is satisfactory to the Executive Director, Municipal Licencing and Standards and that a limousine broker is required to maintain the records for a minimum of three years. Private Transportation Companies 44. Add a provision that requires private transportation companies to impose a mandatory training program on all drivers affiliated with the private transportation company. The training program must satisfactorily meet the criteria established by the Executive Director, Municipal Licensing and Standards or their designate. 45. Add a provision that states that all private transportation company drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device when the private transportation company driver is available on the private transportation company software application. 46. Add a provision to state and confirm that drivers who provide accessible service for private transportation companies must be licensed under this chapter and meet all conditions of licensing, including the successful completion of an accessible training program. 47. Add a provision that requires every private transportation company driver to be civil and well-behaved. 48. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a private transportation company vehicle, then the private transportation company and private transportation company driver shall ensure that notice stating that passengers are being or may be recorded is provided through: a. the software application prior to the passenger accepting the request; and/or b. a notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 49. Authorize the Executive Director, Municipal Licensing and Standards to sign the Data Sharing Agreement and Indemnification Agreement for private transportation companies on behalf of the City of Toronto. 50. Add a provision that requires private transportation companies and private transportation company drivers to notify passengers to look for cyclists before exiting a vehicle through: a. the software application by sending push notifications at a frequency that is satisfactory to the Executive Director, Municipal Licensing and Standards; and b. "Watch for Bike" notices in the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 51. Amend the private transportation company driver requirements so that the private transportation company, when submitting an application for the issuance or renewal of a private transportation company driver's licence on a behalf of an individual, shall also be required to submit information on the fuel type of the vehicle that will be driven by that individual when licensed as a private transportation company driver. 52. Add a provision prohibiting a private transportation company from allowing vehicles that have the same colour scheme that is already in use by a taxicab brokerage and prohibit a private transportation company driver from using such vehicle. 53. Amend the provision that requires all private transportation company drivers to carry and, upon request, produce to Municipal Licensing and Standards their Ontario driver's licence by requiring that private transportation company drivers carry and produce upon request satisfactory government-issued identification. 54. Amend the private transportation company record keeping requirements to ensure all information on time or length of trip is measured by reference to the nearest minute and by adding requirements that private transportation companies keep records of: a. the starting and ending times for each period that a private transportation company driver was available to provide transportation services through the platform, en route to pick up a passenger after accepting a request, and delivering transportation service to a passenger; b. wait time of passengers, in accordance with Period 2 in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire; c. number of cancelled/rejected trips; d. reason for cancelled/rejected trips; e. volume of private transportation company vehicles available to provide service on the private transportation company platform in any particular hour and with reference to a particular geographic area within which the private transportation company vehicle was available or provided service; f. pick up and drop-off data for every trip, measured to the nearest 10 metres; g. aggregate number of vehicles that have completed a trip by hour; and h. anonymized trip and passenger identification that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. 55. Amend the private transportation company driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing private transportation company driver's licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing private transportation company driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 56. Amend the accessible requirements of private transportation companies to confirm that accessible service must be provided through vehicles that are in compliance with the Canadian Standards Association standard for wheelchair accessible vehicles. Taxicab Bill of Rights 57. Amend the Taxicab Bill of Rights to include a section that states that taxicab drivers cannot refuse service to an individual with a mobility or non-mobility disability, where service can be accommodated, and cannot refuse service to an individual being accompanied by a service animal by reason only of the presence of a service animal. Snow Tires 58. Rename snow tires to winter tires and add a definition of winter tires to mean a tire that meets the standards and specifications prescribed for winter tires by the Executive Director, Municipal Licensing and Standards, including tires that are labelled "M" and "S," the minimum requirement for mud and snow/all-season tires. Taxicab Broker 59. Add a provision that any records brokerages are required to collect must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licensing and Standards and that a taxicab broker is required to maintain all such records for a minimum of three years. 60. Amend the requirements for trip record data to be kept by taxicab brokers to require the collection of the following information: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times (by reference to the nearest minute) that each trip started and terminated; c. length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip; d. type of service provided such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the licence number for each taxicab affiliated with the brokerage that provided the trip. 61. Amend the requirements for brokerages to maintain records to require the collection of the following information: a. the vehicle-for-hire driver's licence number, unique identification number used by the brokerage (if any) for each vehicle-for-hire driver, and the driver's first and last name for each driver affiliated with the brokerage; and b. the termination date, the driver's first and last name, the licence number, and the termination letter when a driver is no longer affiliated with the brokerage. 62. Add a provision requiring the collection of accessible taxicab trip data for the purposes of the administration of the Accessibility Fund Program to include: a. plate number, licence number, start date, start time, end date, and end time for each taxicab trip; b. type of point-of-sale terminal in each taxicab, including whether or not it allows for cordless payment; and c. driver's first and last name and licence number for each taxicab trip. Taxicab Owners 63. Add a provision to require that a vehicle be registered with Municipal Licensing and Standards for use as a taxicab as a condition of renewing a taxicab owner licence. 64. Remove the provisions regarding designated agents in order to clarify the role of a taxicab operator and ensure that the only individuals permitted to manage taxicabs on behalf of taxicab owners will be licensed as taxicab operators. 65. Amend the section on required equipment and markings for taxicabs to authorize the Executive Director, Municipal Licensing and Standards to approve the manner and location of "Watch for Bike" notices. 66. Amend the section on designated custodians for corporations that hold standard taxicab owner licences to require that they designate a director as custodian, instead of an employee or officer. Taxicab Rates and Fares 67. Remove "on request" from the section on flat fares and airport fares and require drivers/owners to offer the flat rate to the airport. 68. Add a provision to prohibit vehicle-for-hire drivers, taxicab owners, and brokers from setting rates higher than the tariff (metered rate) for accessible service requests. Toronto Licensing Tribunal 69. Amend the powers of the Toronto Licensing Tribunal to confirm that it has the power to refuse to issue a licence, as outlined in its mandate. Vehicle-for-Hire Driver 70. Add a provision that states that all drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device while operating their vehicle. 71. Add a provision that all vehicle-for-hire drivers shall carry and, upon request, produce satisfactory government-issued identification to Municipal Licensing and Standards. 72. Remove the section which prohibits a vehicle-for-hire driver from parking on any highway except at a location designated and marked as a taxicab stand by an authorized sign, as this is covered under the City of Toronto Municipal Code Chapter 950, Traffic and Parking. 73. Remove the word "first" from the restrictions on taxicabs refusing services in order to confirm that short-fare refusals are not permitted for any prospective passengers. 74. Amend the vehicle-for-hire driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing vehicle-for-hire driver's licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing vehicle-for-hire driver's licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 75. Amend the section on civility and oversight of taxicabs and limousines to remove the requirements to be properly dressed, neat and clean in person, and maintain that drivers shall be civil and well-behaved. 76. Amend the data required to be kept in an operator log to include break start date and time, break end date and time, and taxicab type such as non-accessible or accessible. Vehicle Requirements and Inspections 77. Remove the definitions for alternative fuel vehicle, combined fuel consumption rating, exhaust emissions, full useful life emission bin, hybrid vehicle, and low-emission vehicle. 78. Amend the section on replacement vehicles to remove the requirement for replacement taxicab vehicles to be either accessible or alternative fuel, hybrid, or low-emission vehicles. 79. Amend the section on mechanical inspections to require that all vehicles-for-hire are inspected prior to delivering for-hire service with a new vehicle and, thereafter, once every 12 months. Status Updates 2. City Council direct the Executive Director, Municipal Licensing and Standards to review and provide a status update on the vehicle-for-hire Accessibility Fund Program and work completed to create an environmental incentive program two years after the enactment of this By-law. Collision Reporting Incident Form 3. City Council request the Ontario Ministry of Transportation to review the provincial collision reporting incident form and add taxicab, limousine, and private transportation company vehicles as vehicle types. Fees 4. City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards as follows: 1. Amend the "Service" category to state "Vehicle-for-Hire (VFH) Licensing" instead of "Taxi and Livery Licensing." 2. Add the regulatory charges noted below in Table A - Regulatory Charges for the Accessibility Fund Program, including an annual adjustment based on the Consumer Price Index. Table A - Regulatory Charges for the Accessibility Fund Program Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Taxicab Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Private Transportation Company Reserve Fund - Accessibility Fund Regulatory Charge Per Trip $0.10 Yes VFH Licensing Private Transportation Company Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $7.23 Yes VFH Licensing Standard Taxicab Operator Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Non-Accessible Standard Taxicab Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Vehicle-for-Hire Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $62.66 Yes 3. Remove Reference Number 20 - Re-scheduling an exam or course before it starts and Reference Number 25 - Registration for the Accessible Taxicab Driver Training Course. 4. Amend the fees listed below in Table B - Vehicle-for-Hire Licensing Fees to include an annual adjustment based on the Consumer Price Index. Table B - Vehicle-for-Hire Licensing Fees Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Application Fee: Taxicab Operator Full Cost Recovery Per Application $500 Yes VFH Licensing Renewal Fee: Taxicab Operator Full Cost Recovery Per Application $300 Yes VFH Licensing Application Fee: Private Transportation Company Full Cost Recovery Per Application $20,000 Yes VFH Licensing Annual Private Transportation Company Fee Per Driver Full Cost Recovery Per Application $15 Yes VFH Licensing Private Transportation Company Fee Per Trip Full Cost Recovery Per Trip $0.30 Yes VFH Licensing Application Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes VFH Licensing Renewal Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes Reserve Fund 5. City Council establish a new Vehicle-for-Hire Reserve Fund as a Corporate Discretionary Reserve Fund to provide funding for initiatives associated with accessibility, transportation planning, or environmental goals relevant to the vehicle-for-hire and private transportation company industries and to minimize the impact of reliance on vehicle-for-hire and private transportation company licensing revenue for Municipal Licensing and Standards' Operating Budget, in accordance with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, by: 1. Amending the City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, by adding the "Vehicle-for-Hire Reserve Fund" to Schedule 7, Corporate Discretionary Reserve Funds, with the criteria outlined in Attachment 6 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards; 2. Funding the Vehicle-for-Hire Reserve Fund in an initial amount of $6.093 million from an in-year adjustment of the 2019 Operating Budget of Municipal Licensing and Standards and, afterwards, with budgeted allocations from vehicle-for-hire and private transportation company licensing, including regulatory charges on licensees that do not provide wheelchair accessible vehicle-for-hire services. Such that: a. for 2019, there will be a net zero expenditure and revenue budget adjustment comprised of a contribution to the reserve fund of $6,093,000, offset by an increase in vehicle-for-hire user fees (including private transportation company trip fees) of $6,093,000. The contribution to the new reserve fund would be dependent on sufficient actual user fee revenue being generated; and b. for 2020 and subsequent years, reserve funding and user fee budgets will be considered as part of the annual budget process and will be structured as outlined in the Financial Impact section of the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards. 3. Establishing a minimum targeted reserve balance of $5 million; and 4. Establishing Municipal Licensing and Standards as the primary owner of the account. Implementation 6. City Council direct the General Manager, Transportation Services to consider the results of the Transportation Impact Study, as outlined in Attachment 4 to the report (June 14, 2019) from the Executive Director, Municipal Licensing and Standards, as part of the update on the Congestion Management Plan. 7. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, as required to give effect to City Council's decision. 8. City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines. 9. City Council direct that the changes to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, come into force on January 1, 2020.

  Staff recommendation as filed

  The Executive Director, Municipal Licensing and Standards recommends that: 1. City Council amend the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, as follows: Accessibility Fund Program 1. Add a provision to create an Accessibility Fund Program that is: a. funded through regulatory charges on members of the vehicle-for-hire and private transportation company industries that do not provide City-licensed wheelchair accessible service; and b. disbursed based on service standards and eligibility criteria to City-licensed wheelchair accessible drivers and owners that are not under contract with the Toronto Transit Commission's Wheel-Trans specialized transit service. 2. Add a provision to allow the Executive Director, Municipal Licensing and Standards or their designate to establish the funding formulas for the disbursement of funds, the service standards, and the eligibility criteria for the Accessibility Fund Program. 3. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the service standards and the eligibility criteria. 4. Add a provision to state that accessible vehicle-for-hire drivers must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. current and valid training endorsement for accessible service; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 5. Add a provision to state that accessible vehicle-for-hire owners must meet the following minimum eligibility requirements for the Accessibility Fund Program: a. licensed under this chapter; b. vehicle is compliant with the Canadian Standards Association standard for wheelchair accessible vehicles; and c. declare or provide other proof that criteria and service standards, as required by the Executive Director, Municipal Licensing and Standards, have been met. 6. Add a provision to state that, to be eligible for the Accessibility Fund Program, licensed vehicle-for-hire drivers and owners must provide the following information as part of the application process: a. business licence number under this chapter; b. full name; c. mailing address; d. contact information such as phone number and e-mail address; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 7. Add a provision that the Executive Director, Municipal Licensing and Standards may refuse or cancel funding if the accessible owner or driver does not meet the eligibility criteria or service standards as set out by the Executive Director, Municipal Licensing and Standards, if the funding was granted due to an administrative or technical error, or if the accessible owner or driver has not provided complete or accurate data or information. 8. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall provide the accessible owner or driver with written notice that consideration is being given to the refusal or cancellation of their funding application and providing the accessible owner or driver with an opportunity to respond in writing to this notice within 10 days of being notified. Municipal Licensing and Standards will then provide the accessible owner or driver with written notice of its final decision. If an accessible owner or driver's eligibility has been refused or cancelled because the owner or driver was not properly eligible or provided incomplete or inaccurate information, the accessible owner or driver will not be eligible for the Accessibility Fund Program for two years. 9. Add a provision that the Executive Director, Municipal Licensing and Standards may recover any funds disbursed in error or if the funds were disbursed based on incomplete or inaccurate information provided by the applicant. 10. Add a provision that requires, as conditions for licence renewal, that the Accessibility Fund Program regulatory charge be paid and that funds disbursed from the Accessibility Fund Program based on incomplete or inaccurate information provided by a funding applicant be repaid. 11. Add a provision to state that the Executive Director, Municipal Licensing and Standards has the authority to, at any time, recalibrate the funding formulas or prohibit the disbursement of funds to applicants based on the availability of funding. 12. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall collect regulatory charges associated with the Accessibility Fund Program at the same time as licensing fees are collected. Administration, Audit Powers, and Revocation Process of Training Programs 13. Add a provision to allow the Executive Director, Municipal Licensing and Standards to establish the mandatory components and criteria for the accreditation of training programs for all drivers licensed under this chapter. 14. Add a provision to state that the Executive Director, Municipal Licensing and Standards shall publish the mandatory components of training programs, criteria to accredit training programs, and a list of approved training programs. 15. Add a provision that each applicant for the certification of a training program shall provide, at minimum, the following information to the Executive Director, Municipal Licensing and Standards: a. full name of individual or business; b. mailing address; c. contact information including phone number and e-mail address; d. the syllabus of the proposed training content; and e. any other information as requested by the Executive Director, Municipal Licensing and Standards. 16. Add a provision that the Executive Director, Municipal Licensing and Standards has the authority to audit approved training programs and request information related to the audit, as required. 17. Add a provision that, pursuant to the audit and investigation process, the Executive Director, Municipal Licensing and Standards has the authority to revoke the accreditation of training programs if: a. Municipal Licensing and Standards has reasonable grounds to believe that the training program no longer meets the requirements for inclusion on the approved list, in accordance with the mandatory components established by the Executive Director, Municipal Licensing and Standards; b. Municipal Licensing and Standards has reasonable grounds to believe the training program is not being delivered or its officers, directors, or employees have not acted in accordance with the intent of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or if incomplete or inaccurate information has been provided; or c. Municipal Licensing and Standards has reasonable grounds to believe that the conduct of the training program or its officers, directors, or employees has resulted, or will result, in a breach of the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, or any other law. 18. Add a provision that vehicle-for-hire or private transportation company drivers who obtained a licence on the basis of their membership in a training program that is then removed from the City's approved list must provide proof of the successful completion of another approved training program at their licence renewal, if required by the Executive Director, Municipal Licensing and Standards. 19. Add a provision that vehicle-for-hire or private transportation company drivers who do not submit proof of the successful completion of another approved training program at their licence renewal will be deemed to no longer meet the licensing requirements under the By-law and the licence renewal application will be incomplete until proof of training is submitted. Audit and Investigative Authority of Municipal Licensing and Standards 20. Add a provision to allow for Municipal Licensing and Standards to require private transportation companies, limousine brokers, and taxicab brokers to provide records to Municipal Licensing and Standards for the purposes of investigating compliance with this chapter and for researching and undertaking accessibility reviews, transportation planning, and environmental policies or initiatives relevant to the vehicle-for-hire industry and require that records must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licencing and Standards. 21. Add a provision to require that taxicab, limousine, and private transportation company records requested by a police officer shall be provided directly to the police officer within 24 hours and records requested by Municipal Licensing and Standards shall be provided within 30 days of the receipt of the request or within 24 hours, if required by the Executive Director, Municipal Licensing and Standards. 22. Add a provision that any licence holder under the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, is guilty of an offence if they provide incomplete or inaccurate information or business records to a police officer or Municipal Licensing and Standards. Cameras 23. Delete the definition of camera. 24. Authorize the Executive Director, Municipal Licensing and Standards to establish criteria for and prohibit the use of cameras in licensed vehicles. Collision Reporting 25. Add a provision to state that private transportation companies and limousine and taxicab brokers shall record and provide collision incident information (including type of vehicle, date and time of incident, and location of incident to the nearest intersection) at a frequency that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. Inspection Powers 26. Amend the inspection powers of Municipal Licensing and Standards to confirm that they extend to vehicles-for-hire. Limousine Owners 27. Add a provision that limousine owner licensing fees are waived for accessible limousine owners. 28. Add a provision that accessible service must be provided through vehicles that are in compliance with the standard for accessible vehicles set out in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 29. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a limousine, then the limousine owner shall ensure that notice stating that passengers are being or may be recorded is provided through notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 30. Add a provision that requires limousines to have "Watch for Bike" notices affixed to the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 31. Remove the requirement for limousine owners to enter into service agreements to permit them to dispatch their own limousine and/or accept service requests. A limousine owner who dispatches his or her own limousine will not be considered a limousine broker. 32. Remove the minimum fare requirement of $70 per hour for the first two hours, permit limousine owners and brokers to set rates to be charged on a flat or hourly basis, and require that a limousine owner or broker confirm that a passenger has accepted the rate before the vehicle is dispatched by sending written confirmation to the customer and maintaining records for three years. 33. Define a limousine as any accessible, stretch, or sedan limousine in respect of which a limousine owner's licence has been issued or in respect of which a licence is required under this chapter. 34. Define a sedan limousine as a non-metered vehicle that may carry a maximum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 35. Define a stretch limousine as a non-metered vehicle either purpose-built or modified to provide an extended seating area and carry a minimum of seven passengers, excluding the driver, and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required, to be licensed under this chapter. 36. Define an accessible limousine as a vehicle which is designed, used, or intended to be used to provide wheelchair accessible service and is approved by the Executive Director, Municipal Licensing and Standards and that is, or is required to be, licensed under this chapter. 37. Amend the insurance requirements to ensure that each limousine with a seating capacity of more than seven passengers is insured under a policy of automobile insurance as required under the Public Vehicles Act. Limousine Brokers 38. Rename limousine service company to limousine broker throughout the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire. 39. Add a provision that limousine brokers shall only dispatch licensed limousines driven by individuals holding valid vehicle-for-hire driver licences. 40. Add a provision that limousine brokers must publish business contact information online for the public. 41. Remove the stretch-to-sedan fleet ratio to allow limousine brokers to determine the appropriate type and number of licensed limousines required for their business. 42. Amend the requirements for data recorded in dispatch records to also require the following information in relation to transportation commencing or terminating in Toronto: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times the trip started and terminated; c. length of time elapsing between the passenger's service request and the start of the trip; d. type of service provided such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the assigned driver licence number and unique identification number used by the brokerage (if any). 43. Add a provision that data recorded in dispatch records must be produced within 30 days and in a format that is satisfactory to the Executive Director, Municipal Licencing and Standards and that a limousine broker is required to maintain the records for a minimum of three years. Private Transportation Companies 44. Add a provision that requires private transportation companies to impose a mandatory training program on all drivers affiliated with the private transportation company. The training program must satisfactorily meet the criteria established by the Executive Director, Municipal Licensing and Standards or their designate. 45. Add a provision that states that all private transportation company drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device when the private transportation company driver is available on the private transportation company software application. 46. Add a provision to state and confirm that drivers who provide accessible service for private transportation companies must be licensed under this chapter and meet all conditions of licensing, including the successful completion of an accessible training program. 47. Add a provision that requires every private transportation company driver to be civil and well-behaved. 48. Add a provision that if a camera that is capable of recording audio or video footage of the passenger is used in a private transportation company vehicle, then the private transportation company and private transportation company driver shall ensure that notice stating that passengers are being or may be recorded is provided through: a. the software application prior to the passenger accepting the request; and/or b. a notice affixed to the vehicle in a location and manner approved by the Executive Director, Municipal Licensing and Standards. 49. Authorize the Executive Director, Municipal Licensing and Standards to sign the Data Sharing Agreement and Indemnification Agreement for private transportation companies on behalf of the City of Toronto. 50. Add a provision that requires private transportation companies and private transportation company drivers to notify passengers to look for cyclists before exiting a vehicle through: a. the software application by sending push notifications at a frequency that is satisfactory to the Executive Director, Municipal Licensing and Standards; and b. "Watch for Bike" notices in the vehicle in a location approved by the Executive Director, Municipal Licensing and Standards. 51. Amend the private transportation company driver requirements so that the private transportation company, when submitting an application for the issuance or renewal of a private transportation company driver's licence on a behalf of an individual, shall also be required to submit information on the fuel type of the vehicle that will be driven by that individual when licensed as a private transportation company driver. 52. Add a provision prohibiting a private transportation company from allowing vehicles that have the same colour scheme that is already in use by a taxicab brokerage and prohibit a private transportation company driver from using such vehicle. 53. Amend the provision that requires all private transportation company drivers to carry and, upon request, produce to Municipal Licensing and Standards their Ontario driver's licence by requiring that private transportation company drivers carry and produce upon request satisfactory government-issued identification. 54. Amend the private transportation company record keeping requirements to ensure all information on time or length of trip is measured by reference to the nearest minute and by adding requirements that private transportation companies keep records of: a. the starting and ending times for each period that a private transportation company driver was available to provide transportation services through the platform, en route to pick up a passenger after accepting a request, and delivering transportation service to a passenger; b. wait time of passengers, in accordance with Period 2 in the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire; c. number of cancelled/rejected trips; d. reason for cancelled/rejected trips; e. volume of private transportation company vehicles available to provide service on the private transportation company platform in any particular hour and with reference to a particular geographic area within which the private transportation company vehicle was available or provided service; f. pick up and drop-off data for every trip, measured to the nearest 10 metres; g. aggregate number of vehicles that have completed a trip by hour; and h. anonymized trip and passenger identification that meets the satisfaction of the Executive Director, Municipal Licensing and Standards. 55. Amend the private transportation company driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing private transportation company driver licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing private transportation company driver licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 56. Amend the accessible requirements of private transportation companies to confirm that accessible service must be provided through vehicles that are in compliance with the Canadian Standards Association standard for wheelchair accessible vehicles. Taxicab Bill of Rights 57. Amend the Taxicab Bill of Rights to include a section that states that taxicab drivers cannot refuse service to an individual with a mobility or non-mobility disability, where service can be accommodated, and cannot refuse service to an individual being accompanied by a service animal by reason only of the presence of a service animal. Snow Tires 58. Rename snow tires to winter tires and add a definition of winter tires to mean a tire that meets the standards and specifications prescribed for winter tires by the Executive Director, Municipal Licensing and Standards, including tires that are labelled "M" and "S," the minimum requirement for mud and snow/all-season tires. Taxicab Broker 59. Add a provision that any records brokerages are required to collect must be produced within 30 days and in a format satisfactory to the Executive Director, Municipal Licensing and Standards and that a taxicab broker is required to maintain all such records for a minimum of three years. 60. Amend the requirements for trip record data to be kept by taxicab brokers to require the collection of the following information: a. pick up location and the destination (by reference to the nearest intersection); b. dates and times (by reference to the nearest minute) that each trip started and terminated; c. length of time (by reference to the nearest minute) elapsing between the passenger's service request and the start of the trip; d. type of service provided, such as request for accessible service; e. trip status such as completed, driver cancelled, or passenger cancelled; f. if a trip is cancelled, then the reason for cancellation; and g. the licence number for each taxicab affiliated with the brokerage that provided the trip. 61. Amend the requirements for brokerages to maintain records to require the collection of the following information: a. the vehicle-for-hire driver's licence number, unique identification number used by the brokerage (if any) for each vehicle-for-hire driver, and the driver's first and last name for each driver affiliated with the brokerage; and b. the termination date, the driver's first and last name, the licence number, and the termination letter when a driver is no longer affiliated with the brokerage. 62. Add a provision requiring the collection of accessible taxicab trip data for the purposes of the administration of the Accessibility Fund Program to include: a. plate number, licence number, start date, start time, end date, and end time for each taxicab trip; b. type of point-of-sale terminal in each taxicab, including whether or not it allows for cordless payment; and c. driver's first and last name and licence number for each taxicab trip. Taxicab Owners 63. Add a provision to require that a vehicle be registered with Municipal Licensing and Standards for use as a taxicab as a condition of renewing a taxicab owner licence. 64. Remove the provisions regarding designated agents in order to clarify the role of a taxicab operator and ensure that the only individuals permitted to manage taxicabs on behalf of taxicab owners will be licensed as taxicab operators. 65. Amend the section on required equipment and markings for taxicabs to authorize the Executive Director, Municipal Licensing and Standards to approve the manner and location of "Watch for Bike" notices. 66. Amend the section on designated custodians for corporations that hold standard taxicab owner licences to require that they designate a director as custodian, instead of an employee or officer. Taxicab Rates and Fares 67. Remove "on request" from the section on flat fares and airport fares and require drivers/owners to offer the flat rate to the airport. 68. Add a provision to prohibit vehicle-for-hire drivers, taxicab owners, and brokers from setting rates higher than the tariff (metered rate) for accessible service requests. Toronto Licensing Tribunal 69. Amend the powers of the Toronto Licensing Tribunal to confirm that it has the power to refuse to issue a licence, as set out in its mandate. Vehicle-for-Hire Driver 70. Add a provision that states that all drivers must ensure they are using a mounted device, secured to the vehicle, for their phone or other such electronic device while operating their vehicle. 71. Add a provision that all vehicle-for-hire drivers shall carry and, upon request, produce satisfactory government-issued identification to Municipal Licensing and Standards. 72. Remove the section which prohibits a vehicle-for-hire driver from parking on any highway except at a location designated and marked as a taxicab stand by an authorized sign, as this is covered under the City of Toronto Municipal Code Chapter 950, Traffic and Parking. 73. Remove the word "first" from the restrictions on taxicabs refusing services in order to confirm that short-fare refusals are not permitted for any prospective passengers. 74. Amend the vehicle-for-hire driver requirements: a. remove the minimum requirement of 18 years of age; b. increase the year of driving history from one year to three years for new applicants and grandfather existing vehicle-for-hire driver licence holders; c. require that all new applicants as of June 1, 2020 must provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards; and d. require existing vehicle-for-hire driver licence holders to provide proof of the successful completion of a mandatory training program that is approved by the Executive Director, Municipal Licensing and Standards by their licensing renewal in 2020. 75. Amend the section on civility and oversight of taxicabs and limousines to remove the requirements to be properly dressed, neat and clean in person, and maintain that drivers shall be civil and well-behaved. 76. Amend the data required to be kept in an operator log to include break start date and time, break end date and time, and taxicab type such as non-accessible or accessible. Vehicle Requirements and Inspections 77. Remove the definitions for alternative fuel vehicle, combined fuel consumption rating, exhaust emissions, full useful life emission bin, hybrid vehicle, and low-emission vehicle. 78. Amend the section on replacement vehicles to remove the requirement for replacement taxicab vehicles to be either accessible or alternative fuel, hybrid, or low-emission vehicles. 79. Amend the section on mechanical inspections to require that all vehicles-for-hire are inspected prior to delivering for-hire service with a new vehicle and, thereafter, once every 12 months. Status Updates 2. City Council direct the Executive Director, Municipal Licensing and Standards to review and provide a status update on the vehicle-for-hire Accessibility Fund Program and work completed to create an environmental incentive program two years after the enactment of this By-law. Collision Reporting Incident Form 3. City Council request the Ontario Ministry of Transportation to review the provincial collision reporting incident form and add taxicab, limousine, and private transportation company vehicles as vehicle types. Fees 4. City Council amend the City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C - Schedule 12, Municipal Licensing and Standards as follows: 1. Amend the "Service" category to state "Vehicle-for-Hire (VFH) Licensing" instead of "Taxi and Livery Licensing." 2. Add the regulatory charges noted below in Table A - Regulatory Charges for the Accessibility Fund Program, including an annual adjustment based on the Consumer Price Index. Table A - Regulatory Charges for the Accessibility Fund Program Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Taxicab Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Brokerage Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $250.64 Yes VFH Licensing Limousine Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Private Transportation Company Reserve Fund - Accessibility Fund Regulatory Charge Per Trip $0.10 Yes VFH Licensing Private Transportation Company Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $7.23 Yes VFH Licensing Standard Taxicab Operator Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Non-Accessible Standard Taxicab Owner Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $125.32 Yes VFH Licensing Vehicle-for-Hire Driver Reserve Fund - Accessibility Fund Regulatory Charge Per Application or Renewal $62.66 Yes 3. Remove Reference Number 20 - Re-scheduling an exam or course before it starts and Reference Number 25 - Registration for the Accessible Taxicab Driver Training Course. 4. Amend the fees listed below in Table B - Vehicle-for-Hire Licensing Fees to include an annual adjustment based on the Consumer Price Index. Table B - Vehicle-for-Hire Licensing Fees Service Fee Description Category Fee Basis Fee Annual Adjustment VFH Licensing Application Fee: Taxicab Operator Full Cost Recovery Per Application $500 Yes VFH Licensing Renewal Fee: Taxicab Operator Full Cost Recovery Per Application $300 Yes VFH Licensing Application Fee: Private Transportation Company Full Cost Recovery Per Application $20,000 Yes VFH Licensing Annual Private Transportation Company Fee Per Driver Full Cost Recovery Per Application $15 Yes VFH Licensing Private Transportation Company Fee Per Trip Full Cost Recovery Per Trip $0.30 Yes VFH Licensing Application Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes VFH Licensing Renewal Fee: Vehicle-for-Hire Driver Full Cost Recovery Per Application $130 Yes Reserve Fund 5. City Council establish a new Vehicle-for-Hire Reserve Fund as a Corporate Discretionary Reserve Fund to provide funding for initiatives associated with accessibility, transportation planning, or environmental goals relevant to the vehicle-for-hire and private transportation company industries and to minimize the impact of reliance on vehicle-for-hire and private transportation company licensing revenue for Municipal Licensing and Standards' Operating Budget, in accordance with the criteria set out in Attachment 6 by: 1. Amending the City of Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, by adding the "Vehicle-for-Hire Reserve Fund" to Schedule 7, Corporate Discretionary Reserve Funds, with criteria as set out in Attachment 6; 2. Funding the Vehicle-for-Hire Reserve Fund in an initial amount of $6.093 million from an in-year adjustment of the 2019 Operating Budget of Municipal Licensing and Standards and, afterwards, with budgeted allocations from vehicle-for-hire and private transportation company licensing, including regulatory charges on licensees that do not provide wheelchair accessible vehicle-for-hire services. Such that: a. for 2019, there will be a net zero expenditure and revenue budget adjustment comprised of a contribution to the reserve fund of $6,093,000, offset by an increase in vehicle-for-hire user fees (including private transportation company trip fees) of $6,093,000. The contribution to the new reserve fund would be dependent on sufficient actual user fee revenue being generated; and b. for 2020 and subsequent years, reserve funding and user fee budgets will be considered as part of the annual budget process and will be structured as indicated in the Financial Impact section of this report. 3. Establishing a minimum targeted reserve balance of $5 million; and 4. Establishing Municipal Licensing and Standards as the primary owner of the account. Implementation 6. City Council direct the General Manager, Transportation Services to consider the results of the Transportation Impact Study as part of the update on the Congestion Management Plan. 7. City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards to make such technical and stylistic amendments to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, and the City of Toronto Municipal Code Chapter 441, Fees and Charges, as required to give effect to City Council's decision. 8. City Council direct the Executive Director, Municipal Licensing and Standards to apply to the Ontario Court of Justice for any new set fines or to review and increase, as required, the current set fines. 9. City Council direct that the changes to the City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire, come into force on January 1, 2020.

• GL6.32adopted

  Enactment of By-laws

  The General Government and Licensing Committee will introduce and enact a Confirmatory Bill for this meeting.

  The General Government and Licensing Committee passed a Confirmatory Bill as By-law 992-2019.