Item - 2015.LS7.7
Tracking Status
- City Council adopted this item on November 3, 2015 with amendments.
- This item was considered by Licensing and Standards Committee on October 22, 2015 and was adopted with amendments. It will be considered by City Council on November 3, 2015.
LS7.7 - Request for Staff Update on Implementation and Enforcement of Council's Decision regarding Item LS6.1 - 2015 Ground Transportation Review: Taxis, Limos and Uber
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on November 3 and 4, 2015, adopted the following:
1. City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the Director, Strategic Communications, to enhance the City's communication activities to provide additional public information about the current status of Uber, and the public risks associated with using Uber X; such communication activities to be funded within the existing communications budget.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84863.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-85460.pdf
Communications (Committee)
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56897.pdf
Motions (City Council)
That City Council request the Province of Ontario, through an Order in Council, to permit the City of Toronto to seize non-conforming vehicles.
Vote (Amend Item) Nov-04-2015 8:09 PM
| Result: Lost | Majority Required - LS7.7 - Mammoliti - motion 1 |
|---|---|
| Total members that voted Yes: 10 | Members that voted Yes are Maria Augimeri, Raymond Cho, Vincent Crisanti, Glenn De Baeremaeker, Frank Di Giorgio, Stephen Holyday, Giorgio Mammoliti, James Pasternak, Anthony Perruzza, Jaye Robinson |
| Total members that voted No: 19 | Members that voted No are Ana Bailão, Jon Burnside, John Campbell, Shelley Carroll, Josh Colle, Joe Cressy, Janet Davis, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), Gord Perks, David Shiner, Kristyn Wong-Tam |
| Total members that were Absent: 16 | Members that were absent are Paul Ainslie, Michelle Berardinetti, Christin Carmichael Greb, Gary Crawford, Justin J. Di Ciano, Rob Ford, Mark Grimes, Jim Karygiannis, Norman Kelly, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Michael Thompson, John Tory |
Vote (Adopt Item as Amended) Nov-04-2015 8:10 PM
| Result: Carried | Majority Required - LS7.7 - Davis - motion 2 |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Stephen Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Gord Perks, Anthony Perruzza, David Shiner, Kristyn Wong-Tam |
| Total members that voted No: 8 | Members that voted No are Jon Burnside, John Campbell, Josh Colle, Josh Matlow, Mary-Margaret McMahon, Frances Nunziata (Chair), James Pasternak, Jaye Robinson |
| Total members that were Absent: 16 | Members that were absent are Paul Ainslie, Michelle Berardinetti, Christin Carmichael Greb, Gary Crawford, Justin J. Di Ciano, Rob Ford, Mark Grimes, Jim Karygiannis, Norman Kelly, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, Michael Thompson, John Tory |
Councillor Mammoliti, rising on a Point of Order, stated that the recommendation from the Licensing and Standards Committee was for the Executive Director, Municipal Licensing and Standards to give a presentation to Council, the same presentation given to Committee, so he did not understand why the Speaker was asking Council if it wished to have a presentation.
The City Clerk advised Council that it is within Council's discretion whether or not it wishes to have a presentation.
Councillor Perks, rising on a Point of Order, asked if Council has a procedural motion before it and if Council must vote on whether it wishes to have a presentation.
Speaker Nunziata put to a vote, the proposal that Council hear a presentation on this Item.
Councillor Mammoliti, rising on a Point of Order, asked whether or not Members would have an opportunity to debate the Item if Council chooses not to have a presentation.
The City Clerk advised that Council must determine whether it wishes to have a presentation. The City Clerk further advised that, as the Executive Director, Municipal Licensing and Standards, has submitted a supplementary report on the Item, Members would still have an opportunity to debate the Item if it chooses not to have a presentation.
Rulings (City Council)
LS7.7 - Request for Staff Update on Implementation and Enforcement of Council's Decision regarding Item LS6.1 - 2015 Ground Transportation Review: Taxis, Limos and Uber
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Licensing and Standards Committee recommends that the Executive Director, Municipal Licensing and Standards provide an update to City Council on the implementation and enforcement of City Council directions with respect to Item LS6.1 - 2015 - Ground Transportation Review: Taxis, Limos, and Uber.
Decision Advice and Other Information
The Licensing and Standards Committee forwarded the communication (October 15, 2015) from Jared Schacter, submitted by Councillor Karygiannis, to the Executive Director, Municipal Licensing and Standards, for consideration and appropriate action.
The Licensing and Standards Committee recessed its public session to meet in closed session to receive an update from staff as it concerns a matter relating to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation.
Origin
Summary
Councillor Mammoliti requests that the Executive Director of Municipal Licensing and Standards provide an update to the Licensing and Standards Committee on the implementation and enforcement of the following Council directions respecting Item LS 6.1, adopted by Council on September 30, 2015:
"1. City Council amend Toronto Municipal Code, Chapter 545, Licensing to:
a. Update the definitions of Taxicab Broker and Limousine Service Company to explicitly provide that technology based brokerages, including Uber, are within the existing regulatory regime;
b. Amend the definition of Taxicab to clarify the distinction between taxicabs and limousines; and
c. Explicitly state that a Taxicab Broker and Limousine Service Company may only contract and/or connect passengers with municipally-licensed taxicabs and limousines, respectively."
"11. City Council request Uber to stop operating in the City of Toronto until such time as the Executive Director, Municipal Licensing and Standards reports on a framework to regulate ground transportation providers."
"12. Notwithstanding the adoption of LS6.1, City Council reaffirm its intention that all persons are to comply with Chapter 545, Licensing, as amended."
Background Information
https://www.toronto.ca/legdocs/mmis/2015/ls/bgrd/backgroundfile-84863.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2015/ls/comm/communicationfile-56897.pdf
Motions
That the letter (October 22, 2015) from Councillor Mammoliti be added to the agenda.
That the Licensing and Standards Committee recess its public session to meet in closed session to receive an update from staff as it concerns a matter relating to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation.
That the item be referred to the Executive Director, Municipal Licensing and Standards with the request that she report back when she submits the expected report on the framework regulating all ground transportation providers.
Vote (Refer Item) Oct-22-2015
| Result: Lost | Majority Required - Motion 4 by Councillor Matlow |
|---|---|
| Total members that voted Yes: 1 | Members that voted Yes are Josh Matlow |
| Total members that voted No: 5 | Members that voted No are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio (Chair) |
| Total members that were Absent: 0 | Members that were absent are |
That in accordance with Chapter 27, Council Procedures, the Committee end the debate on Motion 3 by Councillor Matlow to refer the item, and take the vote immediately.
That, to further define Council's enforcement recommendations, let it be known that the Licensing and Standards Committee recommends that City Council request the Province of Ontario, through an Order in Council, to permit the City of Toronto to seize non-conforming vehicles.
That consideration of the item be deferred indefinitely.
That Motion 6 by Councillor Karygiannis be withdrawn.
That the Executive Director, Municipal Licensing and Standards provide an update to City Council on the implementation and enforcement of City Council directions with respect to item LS6.1 - 2015 Ground Transportation Review: Taxis, Limos, and Uber.
That the communication (October 15, 2015) from Jared Schacter, submitted by Councillor Karygiannis, be forwarded to staff for consideration and appropriate action.
Vote (Amend Item) Oct-22-2015
| Result: Carried | Majority Required - Motion 9 by Councillor Karygiannis |
|---|---|
| Total members that voted Yes: 5 | Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Giorgio Mammoliti, Cesar Palacio (Chair) |
| Total members that voted No: 1 | Members that voted No are Josh Matlow |
| Total members that were Absent: 0 | Members that were absent are |
Rulings
Challenged by Councillor Giorgio Mammoliti
Vote Oct-22-2015
| Result: Carried | Majority Required - Uphold the Chair on Mammoliti Challenge |
|---|---|
| Total members that voted Yes: 4 | Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Josh Matlow, Cesar Palacio (Chair) |
| Total members that voted No: 2 | Members that voted No are Jim Karygiannis, Giorgio Mammoliti |
| Total members that were Absent: 0 | Members that were absent are |