1. Taxicab Advisory Committee Agenda
Overview of Transportation Network Companies & regulation in other jurisdictions
Equal basic regulations for all Service Providers
How TNC’s are regulated under the existing Taxicab Licensing By-law
TNC’s currently in operation in Pickering & concerns regarding TNC’s
How can Taxicabs compete
Feedback from Taxicab Industry Stakeholders
Exclusive Agreements on Private Property
Accessibility for Ontarians with Disabilities Act (AODA)
Existing Accessible Service Requirements
Durham Transit Accessible Service Changes
Proposed Changes to the existing Taxicab Licensing By-law
Summary and Next Steps

2. Transportation Network Companies (Uber, Lyft, etc.)
Transportation Network Companies or “ride sharing services” have become prevalent in most major urban centres.
Regulations and licensing requirements have been implemented in such cities as New York and Chicago, adopting similar requirements to taxicab licenses with some accommodation to permit “surge pricing”. Presently no limits on the number of licences issued. It is interesting to note that Uber cannot keep sufficient drivers to operate in Chicago, with less than 50% of those with TNC licences currently in operation. There are ongoing ads to recruit new drivers.
Canadian cities are now determining how best to satisfy the public’s desire to utilize the services, yet ensure such basic fundamentals as consumer protection, safety and accountability. The City of Toronto will be developing regulations to govern TNC’s in the new year.

3. Basic Regulations for all Service Providers
The regulations put in place for the taxicab industry developed over more than a hundred years of providing transportation to the public and they have been adopted to ensure public safety and provide consumer protection.
Some basic regulations which should apply to all vehicle for hire services:
Proof of liability insurance
Vehicle safety inspections
Driver Training, including accessible service needs
Driver Criminal Records Search
Proof of HST registration
Identification for both vehicles and drivers
Records of all trips, including identity of driver providing trip
Basic fare structure, potentially a maximum fare, requirements to disclose any “surge pricing” in a dollar figure

4. City of Pickering Taxicab Licensing By-law 6702/06 Current Provisions regulating TNCs
Driver Regulations: “Taxicab” is defined as a vehicle used for hire in conveyance of persons from a place within the City to any point inside or outside of the City, .. “Driver” means a person licensed to operate a taxicab Section 28 No person shall operate a taxicab unless he has been issued a taxicab driver’s licence. Section 29 No person shall permit a vehicle to be operated as a taxicab by anyone other than a driver. Section 48 No person shall permit a vehicle to be operated as a taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate licence for the vehicle. Sections 84 & 85 contain similar provisions for accessible taxicab operations

5. City of Pickering Taxicab Licensing By-law 6702/06 Current Provisions regulating TNCs
Broker Regulations:
“Broker” means any person who carries on the business of accepting orders for, or dispatching in any manner to, two or more licensed taxicabs and “brokerage” has a corresponding meaning.
Section 107 (a) No broker shall, dispatch to an unlicensed taxicab or an unlicensed driver
Section No person shall carry on business as a broker in the City unless he has been issued a brokerage licence.
General – Compliance with Other Laws:
Section In addition to every other requirement imposed by this by-law, every
license is issued subject to the condition that all federal, provincial and
municipal laws, by-laws, rules, regulations, orders, approvals, permits,
standards, and all other governmental requirements applicable to the
operation of the business so licensed must be complied with.

6. Current Impact of Transportation Network Companies in Pickering
Currently staff have received reports of no more than 4 Uber cars active in Pickering at one time
Uber may show vehicles that actually service Toronto, but the drivers live in Pickering and appear on GPS location map
Various classes of cars available, UberTaxi, UberX, etc.
Comparison of calls for dispatch:
June ,763 June ,807
October ,693 October ,206
Potential factors contributing to calls for dispatch include new Exclusive Agreement for Pickering Town Centre and spacing of taxi stands on site, increase in spaces available to taxis at the Go Station, (more cabs on site require fewer dispatches to Go station), and transfer of 8 plates from Rapid’s fleet to Flash Taxi (again leading to more cabs available for Hail at Go Station)

7. Concerns Regarding TNCs
Misrepresent insurance coverage provided
Questionable information distributed as to number of drivers and service users
Refusal to provide information relating to drivers, vehicles, number of fares
Misrepresent driver screening process
Surge pricing and how disclosed
Convictions in US for false advertising, worker issues, misrepresentation to drivers
Uber “Pop” banned in most of Europe, ongoing enforcement initiatives in larger European cities

9. What is Government doing?
The Provincial government has indicated it may implement legislation relating to the “sharing” economy, this may permit TNC’s but allow municipalities to create licensing requirements
The Competition Bureau of Canada has commented, issuing statements encouraging legitimizing TNC’s, and reducing industry regulation to relate only to consumer protection and public safety. The Competition Bureau recommended removing limits on the number of licences issued to taxicabs, thereby increasing competition
KPMG, a leading consulting firm, has provided similar recommendations to the City of Ottawa

10. What is Government doing?
Municipalities are developing proposed framework to regulate TNC’s
The GTA municipalities would like to coordinate the regulatory structure adopted to be consistent across the GTA, including Mississauga, Brampton, Toronto, York and Durham Regions
A request has been made to provide By-law Enforcement Officers the authority to enforce the compulsory insurance provisions of the Highway Traffic Act, as HTA offences appear on the Driver’s record and affect insurance rates
Enforcement initiatives are challenging, as Uber pays the fines for drivers convicted of by-law offences, and has even rented drivers vehicles where their cars were impounded (Quebec)

11. Economic Statement Includes Update on “Sharing Economy Advisory Committee”
December 2, 2015: When Finance Minister Charles Sousa tabled his fall economic statement yesterday it included an update on how the province plans to respond to the sharing economy. According to the update the province has established a Sharing Economy Advisory Committee with representatives from “key ministries” who will work together to oversee and coordinate Ontario’s approach to dealing with companies like Uber and AirBnb. The committee, which will report back during the 2016 budget, is tasked with examining potential legislative and regulatory solutions that could be implemented to address the disruption of traditionally regulated sectors like the taxi industry.

12. Other Considerations
Insurance Industry has advised all TNC operations are currently not covered by driver’s personal insurance, but have discussed developing insurance products to provide coverage
TNC’s could be legislated to require provision of accessible services, as current options could be viewed as discriminatory
HST collection will need to be addressed by Canada Revenue Agency

13. How Can Taxis Compete Provide courteous, safe, reliable service
Provide clean vehicles
Be professional in appearance and service provided, offering assistance to those in need
Be able to provide information about the City and know how to get the passenger to their destination the shortest and fastest route
Offer credit card and debit payments
Participate in Taxi “App” services and other new technology methods to connect with customers

14. Taxicab Industry Feedback
Changes need to be made to the Taxicab Licensing By-law to include TNC operations
Improvements could be made to the existing services provided by taxicabs
Is this the time to regulate Limousines as well?
Basic purposes of safety for both passengers and drivers, and consumer protection must be included
Taxicab drivers should report suspected Uber operations to City staff

15. Exclusive Agreements on Private Property
Pickering Town Centre contracted with Durham Rapid Taxi for exclusive presence on Pickering Town Centre property
This agreement does not prevent any taxicab from picking up or dropping off at the Pickering Town Centre, only from sitting at one of the taxi stand locations
City cannot interfere in right of a private property owner to establish who has access to their property
Taxicab Industry can be prohibited from entering into exclusive agreements

16. ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
An accessible taxi is a vehicle which can safely and comfortably transport a passenger with a disability who needs to remain seated in his or her mobility aid during the trip.
The accessibility laws apply to accessible taxis you hire in the same way any other taxi is ordered. For example, people can order one by phone or flag one on the street as it drives by.
Municipalities are required to consult both their accessibility advisory committee and the public on the number of accessible taxis available for service and whether they sufficiently meet the needs of the community.
Taxicab Drivers must accept fares with service animals and carry assistive devices for passengers at no extra cost
Taxicab Drivers must be trained on providing services to passengers requiring assistive devices or any other type of disability (sight, hearing, mobility, etc.)

17. Accessible Taxicab Service
Drivers’ Training must include:
A review of the purposes of the AODA and requirements of the Customer Service Standard;
Instruction on how to interact and communicate with customers with various types of disabilities;
Instruction on interacting with people with disabilities who use assistive devices;
Instruction on interaction with people with disabilities accompanied by service animals and/or support persons

18. Durham Transit Accessible Service Changes
Services offered to those with disabilities have changed based on the requirements of the AODA
To meet the legislated requirements, all Durham Transit regular service buses are now accessible
This change means the only accessible service provided is to the nearest bus station, door to door service is no longer provided
Opportunity for the taxi industry to supplement this change in service by introducing flat rate fares to common medical/therapy centres such as Ajax/Pickering Hospital, the Abilities Centre, Windreach Farm, etc.
Promote rates, provide to Durham Transit to distribute as an option
Not all users would require wheelchair accessible vehicles

19. Taxicab Industry Regulatory Review
Suggested by-law updates:
Definition revisions to incorporate TNC regulations
Vehicle age, new vehicles 5 years or newer
Brokers responsible for vehicles dispatched to
Fare on meter a maximum, can agree on flat rates or charge less
Require debit or credit payment option in all taxicabs
Consider advertising options in taxicabs
Add non-smoking provisions to allow MLEO’s to enforce
Remove minimum hours of service
Revise TAC role to be final and binding for appeals

20. Taxicab Industry Regulatory Review
Next Steps
Staff to review feedback from Industry Stakeholders
Staff to further research presence of TNC’s in City and develop enforcement strategies to address
Taxicab Industry to report any observations of TNC’s to Municipal Law Enforcement Services
Staff to monitor developments in provincial legislation and insurance industry
Staff to participate in GTA review of TNC regulations, and provide an update to the Taxicab Advisory Committee in Spring of 2016