HomeMy WebLinkAboutCLD-017-15 Clarington
Clerk's
Report
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Clerk at 905-623-3379 extension 2102.
Report To: General Government Committee
Date of Meeting: September 8, 2015
Report Number: CLD-017-15 Resolution Number: - Ok —\
File Number: TM.63.02 By-law Number:
Report Subject: Taxi By-law Amendments
Recommendations:
1. That Report CLD-017-15 be received; and
2. That the proposed amendments (Attachment 1 to Report CLD-017-15), to the By-law to
license, regulate and govern taxi and limousine businesses, By-law 2005-205, be
approved.
Municipality of Clarington
Report CLD -017-15
Report Overview
This report explains the need for amending the Taxi By-law 2005-205 to ensure compliance
with the Accessibility for Ontarians with Disabilities Act, 2005.
1. Background
1.1. General
Clarington's Taxi By-law 2005-205 was enacted on October 24th, 2005. The By-law was
a comprehensive rewrite of the previous Taxi By-law. At the time, the Accessibility for
Ontarians with Disabilities Act had just been passed and the requirements of the Act
were still evolving.
The By-law established rates for services and offered potential discounts for those with
disabilities. The By-law was clear that a driver could not charge for the storage of a
wheelchair but vague and silent on the possibility of an extra surcharge for having to
provide assistance for passengers with disabilities when entering and exiting the Taxi.
1.2. Accessibility in Ontario
Under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) the Municipality
has responsibilities in five key areas of daily living: Customer Service, Information and
Communications, Employment, Transportation, and the Design of Public Spaces. The
Municipality must regularly review its policies, procedures and by-laws to ensure
compliance with the AODA and its standards.
The goal of the AODA is to ensure Ontario is accessible by 2025. Clarington is
committed to meeting and exceeding its requirements under the AODA. Moving toward
a barrier -free Clarington will ensure that everyone has equal access to goods, services
and facilities throughout the Municipality.
1.3. Transportation Standard of the AODA
The Transportation Standard of the AODA contains specific requirements for
municipalities who license taxis. The taxi requirements were implemented to address
the long history of people with disabilities in Ontario being charged higher than normal
taxi fares. These requirements seek to stop this discriminatory practice.
The Standard requires every municipality that licenses taxis to ensure that taxi owners
and operators do not:
• Charge a higher fare or an additional fee for persons with disabilities than for
persons without disabilities for the same trip, and
Municipality of Clarington
Report CLD -017-15 Page 3
• Charge a fee for the storage of mobility aids or mobility assistive devices
Municipalities must ensure that taxi owners and operators place vehicle registration and
identification information on the rear bumper of the taxi.
As well, municipalities must ensure that taxi owners and operators provide their vehicle
registration and identification information available in an alternative format, upon
request.
1.4. Compliance
Upon review of Clarington's Taxi By-law 2005-205, it has been determined that this By-
law does not meet the minimum requirements under the Section 80 of the
Transportation Standard. Should the Municipality be audited on this requirement, we
would be found non-compliant and could be subject to fines and penalties up to
$100,000 for each day or part of a day on which an offence occurs.
In addition to the requirements of Section 80, the current Taxi By-law also requires
amendments to ensure it is consistent with the requirements of the Customer Service
standard, as set out in the AODA.
2. Recommended Changes
The intent of the proposed changes to the Taxi By-law is to ensure compliance with the
AODA and its standards.
The updated Taxi By-law will:
• Clearly define a person with a disability;
• Expand the current allowance of guide dogs to all service animals;
• Clearly define a service animal;
• Prohibit Taxi owners and operators from charging a higher fare or an additional
fee for persons with disabilities;
• Prohibit Taxi owners and operators from charging a fee for the storage of mobility
aids or mobility assistive devices;
• Require Taxi owners and operators to place vehicle registration information on
the right rear bumper of the Taxi; and
• Require Taxi owners and operators to provide their vehicle registration and
identification information in an accessible format, upon request.
Municipality of Clarington
Report CLD -017-15 Pane 4
3. Concurrence
Not Applicable
4. Conclusion
Based on the foregoing, it is respectfully recommended that the attached draft By-law
be approved by Council.
5. Strategic Plan Application
The recommendations contained in this Report conform to the Strategic Plan.
Submitted by:
`. An e; Green ree
Municipal Clerk
t
Reviewed b! z`"
Franklin Wu,
Chief Administrative Officer
Staff Contact: Jeannette Whynot, Accessibility Coordinator, 905-623-3379 ext. 2131 or
jwhynot@clarington. net
Attachments:
Attachment 1 — Amending By-law to Taxi By-law 2005-205
The following is a list of the interested parties to be notified of Council's decision:
Bowmanville Taxi
Clarington Taxi
Blue Line Taxi
CAG/jw
Attachment 1 to Report CLD -017-15
Corporation of the Municipality of Clarington
By-law 2015 -
Being a by-law to amend By-law 2005-205, being a by-law
to licence, regulate and govern taxi and limousine
businesses in the Municipality of Clarington
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
necessary to amend By-law 2005-205.
Now Therefore The Council of The Corporation of The Municipality of Clarington
Enacts As Follows:
1. THAT By-law 2005-205 be amended as follows:
(a) The following definitions are added to the Definition Section:
"Accessible formats" may include, but are not limited to, large print, Braille,
electronic formats, oral communication or other formats that are accessible to
individuals with disabilities;
"Disability" means,
a) any degree of physical disability, infirmity, malformation or
disfigurement that is caused by bodily injury, birth defect or illness and,
without limiting the generality of the foregoing, includes diabetes
mellitus, epilepsy, a brain injury, any degree of paralysis, amputation,
lack of physical coordination, blindness or visual impediment, deafness
or hearing impediment, muteness or speech impediment, or physical
reliance on a guide dog or other animal or on a wheelchair or other
remedial appliance or device;
Attachment 1 to Report CLD -017-15
b) a condition of mental impairment or developmental disability;
c) a learning disability, or dysfunction in more or more of the processes
involved in understanding or using symbols or spoken language;
d) a mental disorder or;
e) an injury or disability for which benefits were claimed or received under
the insurance plan established under the Workplace Safety and
Insurance Act;
"Service Animal" means an animal for a person with a disability,
a) if it is readily apparent that the animal is used by the person for
reasons relating to his or her disability; or
b) if the person provides a letter from a physician or nurse confirming that
the person requires the animal for reasons relating to the disability;
(b) Section 14.1 is amended by adding the following new sub -sections:
a.1) place vehicle registration and identification information on the right side
of the rear bumper of the taxicab;
q.1) provide vehicle registration and identification in an accessible format to
persons with disabilities, upon request.
(c) Section 14.1(p)(iii) is amended by deleting the words "working dog" and
replacing them with the words "service animal"
(d) Section 14.1 (q) is amended by deleting the following, "in the event the
assistance of more than one person is required, the driver shall not be
required to carry such person".
Attachment 1 to Report CLD -017-15
(e) Section 14.2 is amended by adding the following new sub -sections:
s.1) charge a higher fare or additional fee for persons with disabilities than
for persons without disabilities for the same trip;
s.2) charge a fee for the storage of mobility aids or mobility devices;
(f) Section 14.2 (s) is amended by deleting the words "disabled passengers" and
replacing them with the words "passengers with disabilities";
(g) Section 16.1 is amended by adding the following new sub -sections:
a.1 ) affix vehicle registration and identification information on the right side
of the rear bumper of the taxicab;
b.1) provide vehicle registration and identification information in an
accessible format to persons with disabilities, upon request;
(h) Section 16.2 is amended by adding the following subsections:
q) charge a fare of additional fee for persons with disabilities than for
persons without disabilities for the same trip;
r) charge a fee for the storage of mobility aids or mobility assistive devices.
(i) Section 17.1 a) is amended by replacing "in or on the vehicle at all times"
with "on the right side of rear bumper".
6) Section 17.1 is amended by adding the following sub -section:
b.1) Provide vehicle registration and identification information in an
accessible format to persons with disabilities, upon request;
Attachment 1 to Report CLD -017-15
(k) Section 19.1(m) (iii) be amended by deleting the words "guide dog" and
replacing them with the words "service animal";
(I) Section 19.1 n) is amended by deleting the following:
"in the event the assistance of more than one person is required, the
driver shall not be required to carry such person".
(m) Section 19.2 is amended by adding the following sub -sections:
a.1) charge a higher fare or additional fee for persons with disabilities than
for persons without disabilities for the same trip;
a.2) charge a fee for the storage of mobility aids or mobility assistive
devices;
(n) Section 23.4 is amended by deleting the words "the physically/mentally
handicapped" and replacing them with the words, "persons with
disabilities".
2. This By-law shall come into full force and effect upon its passing.
BY-LAW passed in an open session this day of
Mayor
Municipal Clerk