File #: BL-17-041    Version: 1 Name:
Type: Bylaw Status: Filed
File created: 6/8/2017 In control: City Council
On agenda: 6/26/2017 Final action: 6/26/2017
Title: Bylaw 22/2017 - Amendment to Business License Bylaw 43/2000 Regarding Vehicle for Hire Presented by: Dawn Fedorvich, Acting Manager, Business Retention and Expansion
Attachments: 1. Bylaw 22 2017 Schedule C - Vehicles for Hire (amendments incorporated), 2. Bylaw 22 2017 Schedule C - Vehicles for Hire (amendments highlighted)

TAMRMS#:  B06

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Bylaw 22/2017 - Amendment to Business License Bylaw 43/2000 Regarding Vehicle for Hire

Presented by: Dawn Fedorvich, Acting Manager, Business Retention and Expansion

 

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RECOMMENDATION(S)

recommendation

1.                     That Bylaw 22/2017 be amended by replacing it in its entirety with the version provided as an attachment to June 26, 2017 agenda report titled "Bylaw 22/2017 - Amendment to Business License Bylaw 43/2000 Regarding Vehicle for Hire.”

 

2.                     That Bylaw 22/2017, being Amendment #16 to Business Bylaw 43/2000, as amended, be read a second time.

 

3.                     That Bylaw 22/2017 be read a third and final time.

 

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PURPOSE OF REPORT

 

This report is to outline the proposed amendment to Business License Bylaw 43/2000.

This amendment creates "Schedule C - Vehicles for Hire" which provides direction to companies wishing to operate as a Vehicle for Hire business in St. Albert, and includes alternate licensing requirements for Transportation Network Companies as directed by Council.

 

COUNCIL DIRECTION

 

On March 20, 2017 Council passed the following motion:

(AR-17-021)

“That Bylaw 22/2017, being Amendment 16 to Business Bylaw 43/2000, be read a first time.

 

That Council Members provide feedback to Administration on Bylaw 22/2017, provided as an attachment to the March 20, 2017 agenda report entitled "Bylaw 22/2017 - Amendment to Business License Bylaw 43/2000 Regarding Vehicle for Hire" by April 7, 2017.

 

That Administration incorporate feedback received from Council Members into amendments to Bylaw 22/2017, for Council consideration at a Council Meeting to be determined by Agenda Committee.

 

On May 15, 2017 Council passed the following motion:

(BL-17-027)

“That Administration draft, for Council's consideration, amendments to Bylaw 22/2017 to reflect alternate requirements for Transportation Network Companies, including proof of a valid “Transportation Network Company Approval Certificate” from the Province of Alberta and an agreement to allow the City of St. Albert to audit their driver records upon request.”

 

BACKGROUND AND DISCUSSION

 

On May 15, Council directed that Administration redraft the bylaw amendments for Bylaw 22/2017 to create alternative licensing requirements for Transportation Network Companies.  Council felt that provincial regulations are adequate and didn’t want to create duplication of regulations.

 

Administration has drafted an amended bylaw that separates Transportation Network Companies (TNCs) from “Traditional Vehicle for Hire Businesses.”  The new bylaw requires TNCs to submit the following documents prior to being issued a business license or license renewal in St. Albert:

a)                     A valid Transportation Network Company Certificate of Approval that has been issued to the business by the Province of Alberta’s Registrar of Motor Vehicles Services.

 

b)                     An agreement that immediately upon the request of the License Inspector or a Peace Officer, the Transportation Network Company will provide the City of St. Albert a record of valid operators’ licenses, police information checks and insurance coverage for each Vehicle for Hire and Vehicle for Hire Operator employed or contracted by the Business.

 

Traditional Vehicle for Hire companies included luxury or limousine service companies, taxi dispatch companies, sole proprietors offer vehicle for hire services and senior transportation services.  As in the original bylaw amendment, these companies will be required to provide the following documents prior to being issued a license or a license renewal:

 

a)                     a valid class 1, 2 or 4 operators license in accordance with the Alberta Traffic Safety Act for each Vehicle for Hire Operator employed and/or contracted by the business;

 

b)                     a clear Vulnerable Sector Check and a criminal record verification showing no convictions in accordance with Section 5, dated within 90 days prior to submission for each Vehicle for Hire Operator employed and/or contracted by the business;

 

c)                     a valid commercial insurance policy for the Traditional Vehicle for Hire Business, or for each Vehicle for Hire Operator employed and/or contracted by the business, that meets the Province of Alberta’s requirements for passenger transportation services;

 

d)                     a valid class vehicle registration certificate in accordance with the Alberta Traffic Safety Act for each Vehicle for Hire that will be used in the operation of the Traditional Vehicle for Hire Business; and

 

e)                     a deemed roadworthy Mechanical Inspection Report dated within 90 days prior to submission for each Vehicle for Hire that will be used in the operation of the Traditional Vehicle for Hire Business.

 

STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT

 

These changes to the proposed bylaw amendment directed by Council have been reviewed by members of the internal stakeholder team and the Economic Development Advisory Board.

 

IMPLICATIONS OF RECOMMENDATION(S)

 

Financial: N/A

 

Legal / Risk: This amended bylaw removes duplication of provincial regulations for TNCs, yet City of St. Albert staff can still access specific information when required in a timely manner.  Overall, residents of St. Albert using any type of vehicle can be assured that all businesses will be complying with safety-based requirements at the Municipal or Provincial level.

 

Program or Service: N/A

 

Organizational: N/A

 

ALTERNATIVES AND IMPLICATIONS CONSIDERED

 

If Council does not wish to support the recommendation, the following alternatives could be considered:

 

a)                     Refer the bylaw back to Administration to amend as per the general discussion of Council and present back to Council at a future date.

 

b)                     Direct that the bylaw be amended in a specific means as per Council direction.

 

c)                     Take no further action on this matter.

 

STRATEGIC CONNECTIONS

 

a)                     Council’s Strategic Outcomes and Priorities (See Policy C-CG-02)

                     Cultivate Economic Prosperity:  A diversified, robust and resilient economic foundation to support growth and community service delivery.

                     CULTIVATE SUSTAINABLE INFRASTRUCTURE AND SERVICES:  A growing community that has balanced development and management of civic facilities, transportation networks and related services.

                     CULTIVATE A SAFE, HEALTHY AND INCLUSIVE COMMUNITY:  A community that provides opportunities for everyone to realize their potential in a thinking, caring and connected way.

 

b)                     Long Term Plans (e.g. MDP, Social Master Plan, Cultural Master Plan, etc.)

                     Social Master Plan

 

c)                     Corporate Objectives (See Corporate Business Plan)

                     Deliver programs and services that meet or exceed our standards

                     Ensure our customers are very satisfied

 

d)                     Council Policies
                     N/A.

e)                     Other Plans or Initiatives (Business Plans, Implementation Strategies, etc.)

                     N/A

 

Report Date: June 26, 2017 

Author(s): Dawn Fedorvich, Acting Manager, Business Retention & Expansion

Committee/Department: Economic Development

General Manager: Glenn Tompolski

City Manager:  Kevin Scoble