A challenge by a union representing taxi drivers of the City of Ottawa‘s bylaw governing private transportation companies (PTCs), such as Uber, has been largely dismissed by the Superior Court of Justice.
The bylaw, which was enacted in 2016, was aimed at regulating PTCs and updating regulations that govern taxis and limousines. The City of Ottawa required the companies to get a business licence.
According to a memo released on Tuesday by Rick O’Connor, Ottawa’s city clerk and solicitor, Unifor Local 1688 filed a challenge with the Court alleging “city council failed to properly consult with taxi drivers and without regard to the economic impact of the new regime on the established taxi industry.”
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O’Connor also said the court challenge alleged the bylaw “constituted illegal ‘bonusing'” and “unlawfully discriminates between taxi drivers and Uber-type drivers with regard to the types of equipment used.”
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However, the City of Ottawa noted the court quashed two sections of the bylaw requiring taxi plate owners and taxi brokers to indemnify the City in collisions.
In a press release touting the new regulations in September 2016, the City of Ottawa said any company operating in the city must apply and receive a business licence before operating.
“Licensed PTCs must comply with a number of regulations for public safety and consumer protection regarding transactions with customers, affiliated drivers, and vehicle standards including ensuring that drivers have the required police records checks as well as appropriate insurance, and that vehicles are safe and regularly inspected,” the release said, adding PTCs would have to pay the same broker fees and per-ride fees as taxi companies.
“Each PTC must provide to the City’s chief license inspector information about its drivers and their vehicles in order to ensure compliance with legislated requirements.”
Meanwhile, the Court will hear submissions over who will pay costs associated with the case.
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