Item - 2015.MM8.28

Tracking Status

  • City Council adopted this item on July 7, 2015 with amendments.

MM8.28 - Review of Uber Operations, Technologies and Benefits and Impact on the Current Taxicab Industry - by Councillor Jim Karygiannis, seconded by Mayor John Tory

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 7, 8 and 9, 2015, adopted the following:


1. City Council direct the Executive Director, Municipal Licensing and Standards, to review the operations of Uber and technologies like it, including the interests of the public in the technologies and their impacts on the current taxicab industry, and report to the September 18, 2015 meeting of the Licensing and Standards Committee, on the following matters:

a. what by-law changes are necessary to bring new and emerging technologies into regulation as part of the City's for-hire ground transportation industry;


b. how the City can ensure public safety and consumer protection are maintained;

 

c. how the City can ensure a level playing field is established and maintained with respect to commercial insurance, driver training, equality of fares and other licensing issues; and

 

d. ensure the recommended changes are reviewed at least every five years, or when deemed necessary before that time.

 

2.  City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor and the Director, Strategic Communications, to communicate with the public and unlicensed for-hire drivers about the regulations and risks for those engaged in providing or using unlicensed transportation services.

 

3.  City Council request the Toronto Police Services Board to request the Chief of Police to enforce the Highway Traffic Act, City by-laws and all other applicable laws in respect to unlicensed drivers who transport passengers in a motor vehicle for compensation.

 

4.  City Council request the Executive Director, Municipal Licensing and Standards to enforce all applicable City by-laws in respect to unlicensed drivers who transport passengers in a motor vehicle for compensation.

Background Information (City Council)

Member Motion MM8.28
https://www.toronto.ca/legdocs/mmis/2015/mm/bgrd/backgroundfile-82081.pdf
(July 8, 2015) Fiscal Impact Statement from the Deputy City Manager and Chief Financial Officer
https://www.toronto.ca/legdocs/mmis/2015/mm/bgrd/backgroundfile-82127.pdf

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Jim Karygiannis (Carried)

That Councillor Jim Karygiannis be permitted to add to the agenda of today's meeting an urgent Motion without notice concerning:

 

Review of Uber Operations, Technologies and Benefits and Impact on the Curent Taxicab Industry 

 

Reason for Urgency:

 

This matter is urgent in order to address, as soon as possible, the issues raised by Mr. Justice Sean Dunphy, in his July 3, 2015 Ontario Superior Court ruling, by working to change the City of Toronto's by-laws governing the taxi industry to provide a level playing field for all parties concerned.

Vote (Introduce Motion without Notice) Jul-07-2015 2:35 PM

Result: Carried Two-Thirds full Council Required - Karygiannis - Add Urgent Motion
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Ron Moeser
Total members that were Absent: 8 Members that were absent are Ana Bailão, Michelle Berardinetti, John Campbell, Vincent Crisanti, Mark Grimes, Josh Matlow, David Shiner, Michael Thompson

1a - Motion to Amend Item (Additional) moved by Councillor Frank Di Giorgio (Carried)

That:

 

1.  City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor and the Director, Strategic Communications, to communicate with the public and unlicensed for-hire drivers about the regulations and risks for those engaged in providing or using unlicensed transportation services.

Vote (Amend Item (Additional)) Jul-08-2015 5:59 PM

Result: Carried Majority Required - MM8.28 - Di Giorgio - motion 1a - Amend item
Total members that voted Yes: 36 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Frances Nunziata (Chair)
Total members that were Absent: 8 Members that were absent are Paul Ainslie, Ana Bailão, John Campbell, Rob Ford, Josh Matlow, Ron Moeser, Cesar Palacio, Michael Thompson

1b - Motion to Amend Item (Additional) moved by Councillor Frank Di Giorgio (Carried)

That:

 

1. City Council request the Toronto Police Services Board to request the Chief of Police to enforce the Highway Traffic Act, City by-laws and all other applicable laws in respect to unlicensed drivers who transport passengers in a motor vehicle for compensation.

 

2. City Council request the Executive Director, Municipal Licensing and Standards, in consultation with the City Solicitor to enforce all applicable City by-laws in respect to unlicensed drivers who transport passengers in a motor vehicle for compensation.

 

Revised motion as a result of the Speaker's ruling:

 

That:

 

1.  City Council request the Toronto Police Services Board to request the Chief of Police to enforce the Highway Traffic Act, City by-laws and all other applicable laws in respect to unlicensed drivers who transport passengers in a motor vehicle for compensation.

 

2.  City Council request the Executive Director, Municipal Licensing and Standards to enforce all applicable City by-laws in respect to unlicensed drivers who transport passengers in a motor vehicle for compensation.

Vote (Amend Item (Additional)) Jul-08-2015 6:01 PM

Result: Carried Majority Required - MM8.28 - DiGiorgio - revised motion 1b - Part 1
Total members that voted Yes: 35 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Frances Nunziata (Chair), John Tory
Total members that were Absent: 8 Members that were absent are Paul Ainslie, Ana Bailão, John Campbell, Rob Ford, Josh Matlow, Ron Moeser, Cesar Palacio, Michael Thompson

Vote (Amend Item (Additional)) Jul-08-2015 6:02 PM

Result: Carried Majority Required - MM8.28 - Di Giorgio - revised motion 1b - Part 2
Total members that voted Yes: 38 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Paul Ainslie, Ana Bailão, John Campbell, Rob Ford, Josh Matlow, Cesar Palacio, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-08-2015 6:03 PM

Result: Carried Majority Required - MM8.28 - Adopt the item as amended
Total members that voted Yes: 38 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Paul Ainslie, Ana Bailão, John Campbell, Rob Ford, Josh Matlow, Cesar Palacio, Michael Thompson

Motion to End Debate moved by Councillor David Shiner (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Motion MM8.28 and take the vote immediately.

Vote (End Debate) Jul-08-2015 5:58 PM

Result: Carried Two-Thirds Required - MM8.28 - End debate
Total members that voted Yes: 30 Members that voted Yes are Maria Augimeri, Michelle Berardinetti, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Gord Perks, Jaye Robinson, David Shiner, John Tory
Total members that voted No: 5 Members that voted No are Glenn De Baeremaeker, Frank Di Giorgio, Stephen Holyday, Anthony Perruzza, Kristyn Wong-Tam
Total members that were Absent: 10 Members that were absent are Paul Ainslie, Ana Bailão, John Campbell, Joe Cressy, Rob Ford, Josh Matlow, Ron Moeser, Cesar Palacio, James Pasternak, Michael Thompson

Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti rising on a Point of Order stated that he wished to know how to make this Motion without Notice time specific.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that once the Motion without Notice was prepared and circulated Council could amend the Order Paper to set a time for the Item.


Point of Order by Councillor Giorgio Mammoliti

Councillor Mammoliti rising on a Point of Order stated that he wished to know the appropriate time for him to move a motion to vary the Order Paper to make MM8.28 time specific.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that Councillor Mammoliti should wait until Council deals with the Notices of Motions after the Mayor's Key Matter is completed.


Point of Order by Councillor Janet Davis

Councillor Davis, rising on a Point of Order, asked the Speaker to rule on whether motion 1b by Councillor Di Giorgio was in order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and advised that she would review the motion and provide a ruling.


Point of Order by Councillor David Shiner

Councillor Shiner, rising on a Point of Order, asked for the Speaker's ruling on motion 1b by Councillor Di Giorgio.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that she was still reviewing the motion and proposed that Council take a brief recess.

Councillor Nunziata subsequently ruled that the phrase "in consultation with the City Solicitor" in motion 1b by Councillor Di Giorgio was out of order as the City Solicitor does not have the authority to enforce by-laws.


Point of Order by Councillor David Shiner

Councillor Shiner, rising on a Point of Order, stated that he needed clarification on the Speaker's ruling, and on whether motion 1b was in order or not in order.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that only the phrase "in consultation with the City Solicitor" in motion 1b by Councillor Di Giorgio was out of order, and that the balance of the motion could stand.


Point of Order by Councillor David Shiner

Councillor Shiner, rising on a Point of Order, stated that a ruling can't modify a motion in order to make it in order, and an amended motion is not on the floor, so the motion is either in order or not in order.  Councillor Shiner further asked whether there was precedence for this ruling.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that in order for the motion to be considered, the referenced phrase is being deleted. Speaker Nunziata further ruled that this has been done before.

Source: Toronto City Clerk at www.toronto.ca/council