Item - 2014.LS26.1

City Council on February 19 and 20, 2014, adopted the following:

Toronto Taxicab Licence:

1.         City Council adopt the creation of a new taxicab licence called the Toronto Taxicab Licence, including the properties as described in Attachment 1, beginning July 1, 2014.

2.         City Council amend the properties of the Accessible Taxicab Licence by permitting Accessible Taxicab owners to voluntarily surrender their current licences and be issued Toronto Taxicab Licences, subject to the applicable conditions and fee, effective July 1, 2014.

3.         City Council amend the properties of the Ambassador Taxicab Licence by permitting Ambassador Taxicab owners to voluntarily surrender their current licences and be issued Toronto Taxicab Licences, subject to the applicable conditions and fee, effective July 1, 2014.

4.         City Council amend the properties of the Ambassador Taxicab Licence by permitting Ambassador Taxicab owners to sell their current Ambassador Taxicabs, where a Toronto Taxicab Licence may be issued to the purchaser, subject to the applicable conditions and fee, effective July 1, 2014.

5.         City Council amend the properties of the Standard Taxicab Licence to transition the Standard Taxicab Licence, at time of transfer, to the Toronto Taxicab Licence, subject to the applicable conditions and fee , effective July 1, 2014.

6.         City Council establish June 30, 2024 as the final date by which time owners may transfer a Standard or Ambassador Taxicab Licence to a Toronto Taxicab Licence.

7.         City Council direct the creation of a Toronto Taxicab Licence new owners training and refresher course by July 1, 2014.

8.         City Council adopt amendments to Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 12, to enact that the current fees for the Standard Taxicab Owner Licence be applicable to the Toronto Taxicab Licence.

9.         City Council request the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee in one year on the rate of transition to the Toronto Taxi Licence.

Accessible Taxicab Strategy:

10.       City Council endorse the goal to achieve an inclusive and accessible taxicab fleet that will ensure that all Toronto residents and visitors have equal access to all Toronto's taxicabs.

11.       City Council direct that all new taxicab licences issued by the City require a wheelchair accessible vehicle.

12.       City Council endorse the goal that 6 percent of the Toronto taxicab fleet, representing 290 taxicabs, are available for metered on-demand wheelchair accessible taxicab service by 2015.

13.       City Council authorize the issuance of up to 290 new Toronto Taxicab Licences for the provision of metered on-demand wheelchair accessible taxicab service as required, to advance the Accessible Taxicab Strategy, commencing July 1, 2014, and that:

a.         the definition of Accessible Taxicab in Toronto Municipal Code Chapter 545-Licensing, Section 130, be amended to remove the word "exclusively" to permit all Accessible taxicabs to operate as dual purpose;

b.         Toronto Municipal Code Chapter 545 - Licensing, Section 132M(1)(d) be amended to remove the requirement that the licensee provide proof of provision of service and replace it with a requirement that they provide proof of affiliation with a brokerage; and

c.          licences be issued to drivers on the waiting list.

14.       City Council direct the Executive Director, Municipal Licensing and Standards to engage with Taxicab Brokers to provide that passengers who require accessible taxicabs can receive service in the same amount of time as passengers who do not require accessible taxicabs, by January 1, 2019.

15.       City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City's Disability Issues Committee, to undertake a review in two years on the success of the accessible cab initiative and to bring further recommendations to Council, if necessary, to ensure that the City achieves its goal of service equivalency regarding the disabled community.

Taxicab leasing including licensing of Fleet Operators:

16.       City Council direct the Executive Director, Municipal Licensing and Standards to conduct further consultation, and report back to the Licensing and Standards Committee by June 1, 2015, on the appropriate regulatory regime and necessary by-law amendments to facilitate common management of taxicabs, eliminate the role of designated agents and create a new licence category called "Fleet Operator", such report to also include recommendations to:

a.         address concerns about unscrupulous or exploitative business practices, shift fees and lease rates and provide greater transparency, accountability and fairness in agreements and contracts with shift drivers and lessees; and

b.                   provide City authority to collect and audit any documentation related to the operation of a taxicab or fleet.

Addressing industry concerns, public safety interests and improving working conditions of taxicab drivers:

17.        City Council direct the modification of the Ambassador Taxicab License by permitting a second shift, and to amend the owner's minimum hours from 36 hours per week to 156 hours per month to enable operational flexibility, effective July 1, 2014.

18.       City Council request the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee on the possibility of exempting the Ambassador taxicab owners from their minimum driving requirements as a result of illness, extended leave or an unforeseen family emergency.

19.       City Council direct the Executive Director, Municipal Licensing and Standards to undertake a review of flat rate wheelchair accessible transportation providers and report back to the Licensing and Standards Committee.

20.       City Council amend the vehicle regulations in the by-law to:

a.         allow all approved alternative fuel and hybrid vehicles an extension from five (5) to seven (7) model years;

b.         effective June 1, 2014, require that all taxicab vehicles be transitioned to alternative fuel and/or hybrid vehicles at the scheduled time of replacement vehicle (as originally envisioned in Executive Committee Item EX10.3, Part 8e, adopted by City Council on July 16, 17, 18 and 19, 2007) and that the Approved Vehicle List be restricted to only include alternative fuel and/or hybrid vehicles; and

c.         exempt accessible vehicles from Part 20.b. above until such time as alternative fuel and/or hybrid accessible vehicles are available in the Canadian market and approved and added to the City's Approved Vehicle List.

21.       City Council require all taxicabs to use snow tires during winter months, and direct the Executive Director, Municipal Licensing and Standards to establish dates for annual installment.

22.       City Council maintain the current number of issued non-accessible taxicab licences.

23.       City Council endorse the adoption of a ‘passenger service level’ approach to determining when new licences should be issued, effective January 1, 2015.

24.       City Council adopt the Taxi Research Partners’ Taxicab Demand Model, as outlined in Attachment 1 - Appendix B to the report (January 8, 2014) from the Deputy City Manager, Cluster B, and the Executive Director, Municipal Licensing and Standards, to be used to project demand growth in the number of annual taxicab trips, every three (3) years, beginning in 2015.

25.       City Council engage the Minister of Municipal Affairs and Housing regarding the impact of the Airport Exemption in the City of Toronto Act to the Toronto Taxicab industry.

26.       City Council allow taxicab drivers to charge a $25 cleaning fee if a passenger soils the taxicab.

27.       City Council direct the Executive Director, Municipal Licensing and Standards to conduct a passenger survey in 2014 to understand the impacts and public opinion of mandating taxicab shields in Toronto taxicabs, and to report back to the Licensing and Standards Committee.

28.       City Council allow taxicab drivers to request payment of a fare in advance, up to a maximum of $25, when they deem necessary, and direct a review of its effects to be undertaken in 2016.

29.       City Council commit to improve the City’s ability to investigate fare jumping.

30.       City Council endorse a partnership with Crime Stoppers to aid in the deterrence and solving of taxicab-related crime.

31.       City Council approve the replacement of the current Passenger Bill of Rights, with the Taxicab Bill of Rights, which will enhance both passenger and driver rights.

32.       City Council require all taxicab drivers to complete a simulated defensive driving training as part of the new driver and refresher driver training courses, to aid in addressing public safety related to driver conduct, effective January 1, 2015.

33.       City Council require that enhanced accessibility training be included in all new and refresher taxicab driver and owner training courses, effective July 1, 2014.

34.       City Council require all taxicab licensees who operate wheelchair accessible taxicabs to take an accessibility refresher course every four (4) years.

35.       City Council direct the Executive Director, Municipal Licensing and Standards to undertake an evaluation and a pilot program, if feasible, of using fire hydrants as cabstands in the downtown core, such evaluation to include the impact on the new rush hour regulations on main streets.

36.       City Council direct the Executive Director, Municipal Licensing and Standards to undertake an evaluation and a pilot program, if feasible, of implementing Hail Spots.

Continued industry engagement and consultation on issue-specific basis:

37.       City Council direct the Executive Director, Municipal Licensing and Standards to create a working group to review taxicab vehicle regulations, focused on ensuring taxicab regulations enable inclusive use, including wheelchair accessibility, and the feasibility of mandating accessible vehicles for all of Toronto’s taxicabs in the future and further direct the Executive Director, Municipal Licensing and Standards to submit the findings of the working group to the Licensing and Standards Committee in two years time.

38.       City Council request the Executive Director, Municipal Licensing and Standards to report back to the Licensing and Standards Committee in one year on the status of vehicle manufacturers' ability to provide accessible taxis.

39.       City Council request the Executive Director, Municipal Licensing and Standards to report back to City Council in the first quarter of 2015 regarding a procurement process for a standardized made-in-Ontario Toronto Taxi Vehicle to be required for all vehicles operated with a Toronto Taxicab Licence, a requirement similar to those in New York City and London which require a single, standardized, accessible vehicle for all licences.

and further, that the procurement process should help meet the following City objectives:

a.         provide a level playing field and a universally accessible vehicle;

b.          promote the use of fuel-efficient vehicles in Toronto's taxi fleet; and

c.          working with the Federal and Provincial governments, support a made-in-Ontario approach to manufacturing and support the local economy.

40.       City Council direct the Executive Director, Municipal Licensing and Standards to undertake further consultation with Taxicab Brokers on mandating of brokerages to keep additional records of the date and time of pick-up for each taxicab trip and the submission of such records to the City.

41.       City Council direct the Executive Director, Municipal Licensing and Standards to undertake further consultation with Taxi Brokers on mandating of brokerages to keep additional records of the date and time of each wheelchair accessible taxicab dispatch and pick-up and submission of records to the City.

42.       City Council direct the Executive Director, Municipal Licensing and Standards to create a working group and report back to the Licensing and Standards Committee on technical specifications and the implementation of mandated passenger information monitors, to empower passengers and support accessibility, by January 1, 2016.

43.       City Council direct the Executive Director, Municipal Licensing and Standards to create a working group and report back to the Licensing and Standards Committee on technical specifications and the implementation of mandated vehicle information technology, capable of generating operator logs unique to each vehicle and operator, by January 1, 2015.

44.       City Council direct the Executive Director, Municipal Licensing and Standards to create a working group and report back to the Licensing and Standards Committee on mandating all taxicabs to be equipped to accept debit and credit card payment using approved electronic payment technology, by January 1, 2015.

45.       City Council direct the current fare rates be maintained and that they be reviewed every two years.

46.       City Council request the Taxicab Advisory Committee to review relevance of flat fees, discounts and maximum processing surcharges.

47.       City Council amend City of Toronto Municipal Code, Chapter 545, Licensing, to delete obsolete sections and terms as described in Appendix D of Attachment 1 to the report (January 8, 2014) from the Deputy City Manager, Cluster B, and the Executive Director, Municipal Licensing and Standards, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards.

48.       City Council amend City of Toronto Municipal Code, Chapter 545, Licensing, to reflect Council's decision, subject to such technical and stylistic amendments as required by the City Solicitor and the Executive Director, Municipal Licensing and Standards and in the event that in preparation of the by-law, additional issues arise which should be brought to the attention of Council, that a supplementary report be prepared for the consideration of Council.

49.        City Council direct the City Manager to engage the Province in discussions regarding amending the City of Toronto Act, 2006 to allow the City to issue new taxi licenses at a price above cost recovery.

50.       City Council request the Province of Ontario to enact regulations under the Employment Standards Act, 2000 which would ensure that all taxicab drivers are entitled to minimum wage and other employment protections (i.e., entitlement to overtime pay, public holidays, and holiday pay), regardless of whether or not the taxicab driver is leasing a taxicab or is considered an employee for the purposes of the Act.