While several changes to Canmore’s taxi bylaw were passed by council on Tuesday night (Nov. 3), one proposed addition to allow bylaw officers to impose conditions on a licence went too far for comfort for municipally elected officials.
Supervisor of bylaw services Michael Orr presented the proposed changes, including the addition of a section for a licence inspector to impose a condition on a licence for a taxi driver.
Orr said the purpose of the change is to provide flexibility when issuing temporary licences for drivers who are awaiting a vulnerable sector check from the RCMP, a process that can take quite some time.
“At first glance this would appear we are attempting to add authorities to the power of the licence inspector, but what this is intended to do is to add flexibility,” Orr said.
He added the conditions that would be used if the change was approved would prohibit a driver from transporting minors or seniors until the vulnerable record check is complete. That check is required when a person’s name or birthdate match the database the RCMP holds.
Manager of protective services Greg Burt said those applying for a taxi driver licence from the municipality that have a clean driving record and no criminal record often receive temporary licences until that further sector check is complete.
However, said Burt, the bylaw does not allow conditions to be applied to that temporary licence and the change would allow that.
Councillor Sean Krausert supported the intention of the change, however, expressed concern the wording of the section was too open ended. His motion to remove the change was passed in a 4-3 vote.
“I am a little bit concerned that it is unlimited,” he said. “It is just too open-ended and I would like to see something that outlines the types of conditions that could be applied.”
Orr said the changes were circulated to the taxi industry and when explained, there were no objections.
However, earlier this year a motion put forward by Krausert to review the entirety of the taxi bylaw and how the industry is regulated locally was successful. That work has not yet been undertaken by administration and is to be considered as part of the 2016 budget process starting Thursday (Nov. 5).
Coun. Ed Russell expressed concern as well that these changes were coming in front of council outside that substantive review process.
“I would prefer to see it sit until the full review is complete,” Russell said. “Let’s get it right so we don’t have to change it again.”
While that change was not approved, three others were given the stamp of approval by council. The purpose statement was amended to add clarity that the bylaw sets out to protect the safety, health and welfare of the public. It also changed reporting requirements from brokers to the third business day of the month, to allow for statutory holidays and weekends.
Finally, the section that gives the licence inspector the authority to refuse, cancel or suspend a licence was amended to read: “Licence inspector can refuse to issue, suspend or cancel a licence if the licence inspector, based on reasonable and probable grounds, has reason to believe that issuing the licence would pose a danger to the safety, health and welfare of the public or not be in the best interests of the public.”
Orr said the new wording is more legally sound and provides clarity to the process.
