CITY CLERK

Clause embodied in Report No. 3 of the Emergency and Protective Services Committee, as adopted by the Council of the City of Toronto at its meeting held on April 16, 1998.

    2

Establishment of a Task Force to

Review the Taxi Industry

 (City Council on April 16, 1998, adopted this Clause, without amendment.)

 The Emergency and Protective Services Committee recommends that:

 (1)a Task Force to Review the Taxi Industry be established composed of the following Members:

 -three Members of the Licensing Commission (Councillors D. Minnan-Wong, H. Moscoe, and W. Saundercook);

 -Councillor B. Ashton;

 -Councillor B. Duguid;

 -Councillor D. Holyday; and

 -the Chair of the Emergency and Protective Services Committee; and

 further, that a representative from the Mayor's office be invited to participate in the process;

(2)the Task Force to Review the Taxi Industry be requested to submit a report to the Emergency and Protective Services Committee within 90 days with recommendations on ways to revamp the taxi industry based on the following five guiding principles:

 (i)the general public has the right to expect and demand clean, safe taxi cabs;

 (ii)the general public has the right to expect and demand courteous, knowledgeable and experienced drivers;

 (iii)drivers have the right to expect and demand a fair return for their labour;

 (iv)plate holders have the right to expect and demand a fair return for their investment; and

 (v)the City has the right to expect and demand that its by-laws will be obeyed; and

 (3)the Emergency and Protective Services Committee hold a special meeting in the Council Chamber at Metro Hall to consider the report of the Task Force to Review the Taxi Industry and that a list of deputants be provided to Members of the Committee at least one day prior to such meeting.

 The Emergency and Protective Services Committee reports, for the information of Council, having referred the following motion by Councillor Holyday to the Task Force to Review the Taxi Industry:

 AThat the five recommendations embodied in the joint communication (February 9, 1998) from the Chair and the President and Chief Executive Officer, The Toronto Board of Trade, be approved, in principle.@

 The Committee submits the following joint communication (February 9, 1998) and backgrounder document from Mr. R. Ross Dunsmore, Chair, and Ms. M. Elyse Allan, President and Chief Executive Officer, The Toronto Board of Trade:

 AA number of recent articles in the Toronto Star have brought to the forefront once again the state of Toronto=s taxi industry. This situation has been of particular interest to The Toronto Board of Trade because of its impact on the business community and Toronto=s tourism industry.

 Over the past year, the Board has facilitated a Working Group on Toronto=s Taxi Industry with representatives from business, taxi owners, drivers and unions and the tourism industry. Through this consensus building process, the Board has developed a five point solution that we believe will serve as an important first step in reforming Toronto=s ailing taxi industry.

 We have attached a backgrounder document that highlights the key problem areas and our proposed solutions. This represents our starting point. We encourage you to examine the recommendations and to discuss them with your fellow councillors. We believe it is extremely important to get change happening and make real progress towards reform. The safety and comfort of our citizens, as well as Toronto=s international reputation as a great city, are dependent on remedying the taxi problem. The Board and members of the Working Group urge you to act immediately on our recommendations.@

Backgrounder Document

Working Group on Toronto=s Taxi/Airport Livery Industry

Facilitated by The Toronto Board of Trade

 Background:

 The Working Group on Toronto=s Taxi/Airport Livery Industry is a common effort of the industry facilitated by The Toronto Board of Trade. Membership includes representatives from the stakeholders in the industry including: taxi owners, drivers and unions; and the tourism industry. As well, the Metropolitan Licensing Commission (MLC), the municipal governing body with responsibility for the regulation of taxis, has been invited to participate in the process.

 Purpose:

 Toronto=s taxi industry is in difficulty. The current situation is unfair to the drivers, the owners, the tourism industry and the public. The Working Group was struck in response to the need for immediate reform to improve quality through driver education. However, it was felt the development of the following Five Point Plan was required first to begin the process of rebuilding the industry.

 The Five Point Plan:

 The Working Group believes that the adoption of these important points of action will be a critical first step in improving and ensuring the quality and safety of Toronto=s taxi industry.

 Objective 1: Newer, More Reliable Taxis

 Problem:There is a vehicle extension clause in By-law No. 20-85, the legislation governing the taxi industry, that has allowed aging vehicles to remain on the road. The result is newer, better quality and more reliable cars are not being introduced as the older cars are kept in service longer.

 Solution:Eliminate the vehicle extension clause and require replacement of cars older than eight model years. In addition, require that used cars acquired as replacement taxis be no older than four model years.

 Objective 2: Efficient and Effective Safety Inspections

 Problem:Cabs are currently inspected every four months for compliance with criteria set solely by the MLC. The provincial Safety Standards Certification, as regulated by the Ministry of Transportation, is not recognized in this process.

 Solution:The MLC should move to adopt the provincial Safety Standards Certification for inspection purposes which would bring it in line with other jurisdictions in Ontario.

 Objective 3: Fair Leasing Arrangements

 Problem:Presently, a driver's lease on a vehicle can be cancelled without cause with only a minimum of seven days notice by the plate owner. Consequently, there is a reluctance by drivers to put and maintain quality cars on the road since they have no long term guarantee of employment.

 Solution:A formal notice of cancellation should be filed with the MLC. Valid reasons for cancellation should include:

Amutual agreement;

Aif not mutual, with a minimum of at least 60 days notice;

Aif the vehicle insurance has been cancelled; and

Aif the driver no longer possesses a valid driver=s license.

 Objective 4: Pride of Ownership

 Problem:Due to a lack of enforcement of parts of By-law No. 20-85, leasing arrangements have evolved in a manner that has negatively affected the commitment of individuals to the industry. Many drivers do not have ownership of the vehicle and those that do may often be removed from the service delivery side. In many instances, drivers end up buying a vehicle, transferring ownership to the plate owner and then renting the vehicle back. The result is that drivers have reduced or no vested interest in the vehicle and may not feel a strong responsibility for ensuring the quality and safety of the taxi.

 Solution:Amend By-law No. 20-85 to permit joint ownership of the vehicle between the cab driver and the plate owner.

 Objective 5: Regulate the Middleman

 Problem:Over the years, there has been a significant growth in the number of individuals who act as middlemen in the delivery of taxi services. These >designated agents= rent the license from plate owners and then subcontract to a driver. By-law No. 20-85 offers no recognition or regulation of these designated agents and their activities. With no direct interest in the taxi industry, and no statutory obligations to plate owners and drivers, designated agents are a liability in the industry.

 Solution:Designated agents should be recognized under By-law No. 20-85 with regulations pertaining to licensing, testing of industry knowledge and the posting of performance bonds by the designated agents.

 While we recognize that these five objectives are by no means an exhaustive list of remedies for an ailing industry, they are a necessary course of action. The Working Group fully supports these five objectives and urges the new Toronto City Council to move quickly in adopting these measures.

 The following persons appeared before the Committee in connection with this matter:

 -Councillor Howard Moscoe, North York Spadina;

 -Ms. Louise Verity, Director of Policy, The Toronto Board of Trade;

 -Ms. Gayle Souter, President, Toronto Taxi Alliance, Toronto, Ontario;

 -Mr. Lagos Racz, Taxi Driver, Toronto, Ontario;

-Mr. Gene Meikle, Toronto, Ontario;

 -Mr. Steve Anemi, Scarborough, Ontario;

 -Mr. Alasdair Moore, Toronto, Ontario, and submitted a brief in regard thereto;

 -Mr. Robert A. Stewart, B.A., LLB., Scarborough, Ontario;

 -Mr. James Hunt Kee, Cab Association Brotherhood, North York, Ontario;

 -Mr. Owen Leach, Toronto, Ontario;

 -Mr. Ian Allaby, Toronto, Ontario, and submitted a brief in regard thereto;

-Mr. Nabil Charbel, Ontario Taxi Union, RW Canada Division of Steel Workers;

 -Mr. Behrouz Khamseh, Toronto, Ontario;

 -Mr. Asafo Addai, Brampton, Ontario;

 -Mr. Attiq-ur Rahman, Mississauga, Ontario;

 -Mr. Afshin Zaboli, Toronto, Ontario;

 -Mr. Kuldip Singh, Brampton, Ontario;

 -Mr. David Norman, Toronto, Ontario;

 -Mr. Walayat Khan, Toronto, Ontario;

 -Mr. Ali Sharif, Toronto, Ontario;

 -Mr. Kamal Khosa, Toronto, Ontario;

 -Mr. Jim Bell, General Manager, Diamond Taxicab Association (Toronto) Limited;

 -Mr. Aly Mahmoud, Scarborough, Ontario; and

 -Mr. Jerzy Roland Garnecki, Toronto, Ontario.