Hamilton : Règlement no 07-170, art. 16(a) — Licensing By-law (Short-Term Rentals)

No person shall be licensed as a taxicab owner or have such a licence renewed:

unless such person attends in person and not by agent or representative at the Director of Licensing offices of the City and completes a written application for such a licence or a renewal thereof,

• (i) where the applicant is a partnership, a partner shall attend for the purpose of subsection 16(a);
• (ii) where the applicant is a corporation the application shall be completed and filed personally by an Municipal Officer or director of the Corporation having signing authority for the purpose of subsection 16(a); Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
• (b) unless such person pays all required fees pursuant to the User Fees and Charges By-law and completes and submits all application forms required under this Schedule with the Director of Licensing;
• (c) unless such person fully completes an application for a taxicab owner’s licence in a form prescribed by and available from the Director of Licensing;
• (d) unless:
• (i) such person has undertaken and successfully completed the service and skills training program prescribed by the Director of Licensing under subsection 15(a).

Where the person is a corporation, the person holding shares carrying at least fifty-one percent (51%) of the voting rights attached to all shares of the corporation for the time being issued and outstanding shall have undertaken and successfully completed the service and skills training program prescribed by the Director of Licensing under subsection 15(a);

• (ii) if no one person holds at least fifty-one percent (51%) of the voting rights of the corporation, then the minority shareholder, holding the greatest percentage of the voting rights attached to all shares of the corporation for the time being issued and outstanding, shall have undertaken and successfully completed the service and skills training program prescribed by the Director of Licensing under subsection 15(a). Where among the minority shareholders there are more than one minority shareholder holding the greatest percentage of the voting rights attached to all shares of the corporation for the time being issued and outstanding, the corporation shall designate the minority shareholder among such group who shall have undertaken and successfully completed the service and skills training program prescribed by the Director of Licensing under subsection 15(a) of this Schedule.
• (iii) This subsection takes effect on September 30, 2009. Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx The successful completion of the service and skills training program under this subsection shall be determined in accordance with section 15.
• (e) unless such person files with the Director of Licensing proof that he or she holds

a current passenger motor vehicle permit which is in good standing and was issued only in the applicant’s name by the Ontario Ministry of Transportation for the motor vehicle of which he or she is the owner;

• (f) unless such person produces and files with the Director of Licensing, either an Ontario Ministry of Transportation Vehicle Inspection Report, showing that the vehicle to be licensed has been approved and accepted, within the previous thirty-six (36) days, or a safety standards certificate issued under the Highway Traffic Act R.S.O. 1990, c. H. 8 within thirty-six (36) days of application;
• (g) unless such person produces and files with the Director of Licensing, a copy of

a current and valid Ontario Standard Automobile Insurance policy for the vehicle for which such person is the owner and the policy shall be endorsed to provide that the Director of Licensing will be given at least thirty (30) days’ notice in writing prior to any cancellation, expiration or change in the coverage amount or terms of the policy and the policy shall have a third party liability limit of no less than $2,000,000.00 per occurrence, exclusive of interest and costs, indemnifying and protecting the owner and the public, including passengers and goods carried in such vehicles, inclusive of public liability and property damage;

• (h) unless, where the applicant is an individual or a partner of a partnership, such person provides proof that he or she is at least eighteen (18) years of age;
• (i) unless, where the applicant is a corporation, the applicant has submitted to the Director of Licensing a copy of the incorporating documentation, a copy of the last initial notice/notice of change which has been filed with the appropriate government department and a Certificate of Status issued by the Ministry of Consumer and Business Services; Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
• (j) unless, where the applicant is a corporation, the applicant has provided details of the corporate ownership in a form acceptable to the Director of Licensing;
• (k) unless, where the applicant is a partnership, the applicant has provided details of the partners and interests in the partnership of each such partner in a form acceptable to the Director of Licensing;
• (l) unless such person provides a Police Security Clearance Record check, dated

no later than thirty-six (36) days prior to the application for a licence or renewal thereof, to the Director of Licensing,

• (i) in the case of a partnership, the Police Security Clearance Record check shall be of each partner; and
• (ii) in the case of a corporation, the Police Security Clearance Record check shall be of each Municipal Officer, director and shareholder;
• (m) unless the vehicle registered in the persons name meets the requirements of sections 38 to 43, inclusive, of this Schedule relating to vehicle approval;
• (n) unless such person provides on his or her own or in conjunction with a licensed taxicab broker, a suitable office for the carrying on or engaging in his or her business and keeps the same orderly, clean and neat;
• (o) unless the applicant, and in the case of a Corporation an Municipal Officer of the Corporation, files with the Director of Licensing a valid certificate of completion of an approved service and skills training program required pursuant to this Schedule by the Director of Licensing;
• (p) unless the applicant for a taxicab owner’s licence has been directly and actively engaged in taxicab industry for a period of at least twelve (12) months preceding the date of application; Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
• (i) For the purposes of subsection 16(p), “directly and actively engaged in the taxicab industry” shall mean active for an average of at least 35 hours per week during at least forty (40) weeks of the previous twelve (12) month period, preceding the date of application for a licence, in the City of Hamilton taxicab industry in the capacity of a licensed taxicab driver, a licensed taxicab owner, a licensed taxicab broker, a taxicab dispatcher, a taxicab telephone service operator or a taxicab business mechanic;
• (ii) where an applicant has on account of illness, injury or other medical reasons been unable to meet or fulfill the requirements of subsections 16(p), the applicant may complete and file with the Director of Licensing in lieu thereof a certification so stating, together with supporting documentation including a medical certificate from a physician certified to practice in the Province of Ontario and such other evidence as the Director of Licensing may require and a certification that he or she has actually engaged in the taxicab industry on a full time basis in the City as,  a licensed taxicab driver,  a licensed taxicab owner,  a licensed taxicab broker,  a taxicab dispatcher,  a taxicab telephone service operator, or  a taxicab business mechanic, for a period of not less than one (1) year immediately preceding the onset of the medical disability and during any period that the applicant was able to be so actively engaged during the year preceding the date of application and is, at the date of application, fit to undertake active Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx engagement in the management or day to day operations of his or her taxicab(s) as defined in subsection 16(q)(i).
• (q) unless the applicant for the renewal of a taxicab owner’s licence has been directly and actively engaged in the management or day to day operations of his or her taxicab for a period of at least twelve (12) months preceding the date of application;
• (i) For the purposes of subsection 16(q), “directly and actively engaged in the management or day to day operations of his or her taxicab(s)” shall mean active for an average of at least 35 hours per week during at least forty (40) weeks of the previous twelve (12) month period, preceding the date of application for a licence or renewal thereof, in the City of Hamilton in the capacity of a licensed taxicab owner;
• (ii) where an applicant has on account of illness, injury or other medical reasons been unable to meet or fulfil the requirements of subsection 16(q), the applicant may complete and file with the Director of Licensing in lieu thereof a certification so stating, together with supporting documentation including a medical certificate from a physician certified to practice in the Province of Ontario and such other evidence as the Director of Licensing may require and a certification that he or she has actually engaged in operating a taxicab on a full time basis in the City as a licensed taxicab owner for a period of not less than one (1) year immediately preceding the onset of the medical disability and during any period that the applicant was able to be so actively engaged during the year preceding the date of application and is, at the date of application, fit to resume active engagement in the management or day to day operations of his or her taxicab(s).
• (r) Every holder of a taxicab owner’s licence shall provide proof that he or she renewed his/her taxicab plate licence in the year 2000. Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx
• (s) unless such person meets the requirements of Sections 11, 48, 49, 52 and 53 of this Schedule relating to owner duties; and
• (t) where an investigation conducted under subsection 13(e) of this Schedule reveals that the applicant is not entitled to be licensed under Section 12 of the General Provisions.
• (u) For the provision of this Section, owner shall include the lessee. LICENSING PREREQUISITES – ACCESSIBLE TAXICAB OWNERS 17.(1) Each applicant for an accessible taxicab owner licence or renewal thereof shall:
• (a) be a licensed taxicab owner with the City of Hamilton in accordance with the provisions of this Schedule and meet the prerequisites thereof;
• (b) submit his or her taxicab owner licence to the Director of Licensing for endorsement to permit the use of the taxicab as an accessible taxicab. 17.(2) New accessible taxicab owner licence plates shall be issued:
• (a) first to individuals on the priority list; and, (18-040)
• (b) second to individuals on the accessible priority list.