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S.M. 1993, c. 23
The Taxicab Amendment and Consequential Amendments Act
(Assented to July 27, 1993)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Taxicab Act is amended by this Act.
Section 1 is amended
(a) by repealing the definitions "drive-yourself booking office" and "drive-yourself motor vehicle"; and
(b) by adding the following definition in alphabetical order:
"court" means The Court of Appeal of Manitoba; (« tribunal »)
Subsection 2(3) of the English version is amended by striking out "him" and substituting "him or her".
Subsection 2(4) of the English version is amended
(a) by striking out the section heading and substituting "Appointment of chairperson"; and
(b) by striking out "chairman" and substituting "chairperson".
Section 3 of the English version is repealed and the following is substituted:
Vice-chairperson and acting chairperson
The Lieutenant Governor in Council may, by order, appoint one of the members of the board
(a) as vice-chairperson of the board; or
(b) as acting chairperson of the board for such period or periods, or without limitation as to time, as may be stated in the order in council appointing the member;
to act, in either case, during the illness or absence of the chairperson or his or her inability, from any cause, to discharge the duties of chairperson.
Subsection 4(1) is repealed and the following is substituted:
No person shall, through an agent or employee, carry on the business of keeping a taxicab or taxicabs for hire, or hold out or advertise that he or she is carrying on that business, or keep for hire or operate for hire any taxicab, in The City of Winnipeg unless the person holds a taxicab business licence issued by the board permitting him or her to do so.
Subsection 4(2) is repealed and the following is substituted:
Any person who contravenes this section is guilty of an offence and is liable on summary conviction
(a) for the first offence, to a fine of not less than $100. and not more than $500.; and
(b) for a subsequent offence, to a fine of not less than $250. and not more than $1,000.
Subsection 4(3) of the English version is amended
(a) by striking out "he shall not be imprisoned" and substituting "the person shall not be imprisoned";
(b) by striking out "his default" wherever it occurs and substituting "the default"; and
(c) by striking out "whether he then holds a licence" and substituting "whether he or she holds a licence".
Subsection 4(4) of the English version is amended by striking out "whether he then holds a licence" and substituting "whether he or she holds a licence".
Subsection 4(5) of the English version is amended by striking out "by his order" and substituting "by order".
Clause 9(1)(b) is amended by striking out "annual".
8(2) Subsection 9(2) is amended by striking out "or of a licence to keep a drive yourself motor vehicle,".
Subsection 9(4) is repealed and the following is substituted:
Fees under Highway Traffic Act
In addition to the fees payable under this Act, each person applying for a licence to operate a taxicab shall pay to the board in respect of each taxicab such fees as may be prescribed therefor in the regulations made under The Highway Traffic Act.
Subsection 11(1) is repealed and the following is substituted:
Every driver of a taxicab, whether the driver is the owner of the taxicab or an employee of the owner, shall hold a taxicab driver's licence issued by the board.
Subsection 11(3) is repealed and the following is substituted:
Any person who drives a taxicab without first obtaining the licence referred to in subsection (1) is guilty of an offence and is liable on summary conviction
(a) for the first offence, to a fine of not less than $50. and not more than $250.; and
(b) for a subsequent offence, to a fine of not less than $100. and not more than $500.
Subsections 14(1) and (2) are repealed and the following is substituted:
Where the board has reason to believe that the holder of a licence or permit has
(a) contravened this Act or the regulations;
(b) contravened a term or condition of the licence or permit;
(c) contravened an order or direction of the board; or
(d) acted in a manner that is contrary to the public interest in relation to the taxicab industry;
it may hold a hearing into the matter.
At least 10 days before the date of the hearing, the board shall give a notice to the holder of the licence or permit stating the date, time and place of the hearing and identifying in general terms the alleged contravention or other matter in respect of which the hearing will be held.
The notice referred to in subsection (1.1) must be
(a) given personally to the holder of the licence or permit;
(b) sent by registered mail, or by a service that provides the sender with proof of delivery, to the holder at the holder's last address appearing in the records of the board; or
(c) if the holder cannot be found, left in the custody of an adult person at the holder's last address appearing in the records of the board.
A notice is deemed to be given
(a) on the third day after the date of mailing if sent by registered mail as provided under clause (1.2)(b); or
(b) on the day when it is left in the custody of an adult person as provided under clause (1.2)(c);
unless the holder of the licence or permit to whom it was addressed establishes that he or she, acting in good faith, did not receive the notice until a later date, through absence, accident, illness or other cause beyond his or her control.
Despite the fact that a notice is not given in accordance with this section, it is deemed to have been sufficiently given if it actually came to the attention of the holder of the licence or permit to whom it was intended to be given within the time specified.
The board may, if it is satisfied that the holder of the licence or permit was given or is deemed to have been given notice in accordance with this section, proceed with the hearing in the absence of the holder and do any act and make any order in respect of the matter being heard as if the holder were present.
If, after a hearing into a matter, the board finds that the holder of the licence or permit has acted in a manner described in clause (1)(a), (b), (c) or (d), it may, by order, do one or more of the following:
(a) reprimand the holder;
(b) direct the holder to complete a specified training course or to obtain supervised practical experience;
(c) impose terms or conditions on the holder's licence or permit;
(d) suspend or cancel the holder's licence or permit;
(e) require the holder to pay a penalty of not more than $1,000.;
(f) require the holder to pay all or part of the costs in respect of the hearing and any investigation made by the board before the hearing.
The board shall, following the completion of a hearing, give a copy of any order it has made to the holder of the licence or permit.
The order referred to in subsection (1.7) must be
(a) given personally to the holder of the licence or permit;
(b) sent by registered mail, or by a service that provides the sender with proof of delivery, to the holder at the holder's last address appearing in the records of the board; or
(c) if the holder cannot be found, left in the custody of an adult person at the holder's last address appearing in the records of the board.
The board may file in the Court of Queen's Bench of Manitoba a certified copy of an order made under clause (1.6)(e) or (f) requiring the payment of money and, on being filed, the order may be enforced in the same manner as a judgment of that Court.
If the board is satisfied that the holder of the licence or permit has contravened an order under subsection (1.6), it may, without a further hearing, suspend or cancel the holder's licence or permit.
Notwithstanding anything in this Act, and before or in the course of a hearing into a matter, the board may, by order, suspend the holder's licence or permit if, in the opinion of the board, the suspension is necessary for the immediate protection of the public.
The board shall give a copy of any order it has made under subsection (2) to the holder of the licence or permit in a manner described in subsection (1.8).
The following is added after section 14:
The board may, by regulation, prescribe minimum and maximum or specific penalties, of not more than $1,000., payable by the holder of a licence or permit who contravenes this Act or the regulations or the terms or conditions of the licence or permit.
Where an inspector appointed under subsection 16(1) has reason to believe that the holder of a licence or permit has contravened this Act or the regulations or a term or condition of the licence or permit, the inspector may give a notice to the holder, identifying the alleged contravention and setting out the minimum or specific penalty for that contravention prescribed under section 14.1, and the holder may, within the period specified in the notice, consent to
(a) appear before the secretary of the board and admit the alleged contravention; and
(b) pay the penalty.
No further disciplinary action
Where a licence or permit holder pays a penalty in accordance with subsection (1), the board shall not proceed under section 14 solely on the basis of the contravention in respect of which the penalty was paid.
Where a licence or permit holder does not pay a penalty within the period specified in a notice under subsection (1), the board may proceed under section 14 and, subject to the provisions of any regulation made under section 14.1, if the board decides to order the licence or permit holder to pay a penalty, the amount of the penalty shall be in the discretion of the board.
Clause 17(1)(a) of the English version is amended by striking out "his taxicab" and substituting "the taxicab".
Clause 17(1)(b) is amended
(a) by striking out "his vehicle" and substituting "the taxicab"; and
(b) in the English version, by striking out "him" and substituting "him or her".
The following is added after clause 17(1)(b):
(b.1) require every holder of a licence or permit who operates a taxicab to file with the board periodically, or upon request, a certificate of a mechanic, issued in a form that is acceptable to the board and by a person who, in the opinion of the board, is a qualified mechanic, certifying the safe operating condition of the taxicab operated under the licence or permit;
The following is added after clause 17(1)(e):
(e.1) require every holder of a licence or permit who operates a taxicab to file with the board periodically, or upon request, a statement, in a form that may be prescribed by the board, certified by the licence or permit holder as to its correctness and containing such information, including a statement of gross and net earnings and expenses, as may be prescribed in the form, respecting the operation of the taxicab under the licence or permit;
Clause 17(1)(f) of the English version is amended by striking out "operation of taxicabs by him" and substituting "operation of taxicabs by the owner or operator".
Section 18 is repealed and the following is substituted:
The board may make regulations
(a) prescribing fees payable to the board by a person
(i) who is a party to, or participant in, a hearing or other proceeding,
(ii) in respect of the exercise of powers or the performance of obligations under this Act by or on behalf of the board or an inspector in relation to the person, and
(iii) in respect of transactions or services provided by or on behalf of the board or an inspector in relation to the person and necessary or incidental to the fulfilment of the purposes of this Act;
(b) without restricting the generality of clause (a), prescribing fees payable to the board in respect of
(i) applications,
(ii) the issuance and renewal of licences, permits and exemptions,
(iii) the transfer and replacement of licences and permits,
(iv) the training and examination of taxicab drivers,
(v) the inspection of taxicabs and documents required to be kept by holders of licences and permits,
(vi) the provision of copies of documents in the possession of the board and records of proceedings before the board,
(vii) dishonoured cheques, and
(viii) the making of statutory declarations;
(c) prescribing forms for use under this Act; and
(d) respecting any matter the board considers necessary or advisable to carry out the intent and purpose of this Act.
16 The following is added after section 18:
The board may order a person who is a party to, or participant in, a hearing or other proceeding to pay one or more of the following:
(a) all or part of the costs of another person in respect of the hearing or proceeding;
(b) all or part of the costs of the board in respect of the hearing or proceeding;
(c) security for costs that may be ordered under clauses (a) and (b).
Subsection 19(1) is repealed and the following is substituted:
The board may make rules governing practice and procedure for matters within its jurisdiction and for the keeping of records and documents, including rules in respect of
(a) applications;
(b) the standing of persons at meetings of and hearings and other proceedings before the board;
(c) the matters and circumstances in which notice to, and service upon, persons shall be required, and the form of notice and manner of service;
(d) the issuance and renewal of licences, permits, and exemptions;
(e) the refusal, suspension and cancellation of licences and permits and the imposition of penalties;
(f) the making of decisions and orders;
(g) the consideration of matters, including the matters and circumstances in which hearings are required, and the nature and conduct of those hearings; and
(h) the maintenance of order in meetings of and hearings and other proceedings before the board.
Subsection 19(2) of the English version is amended by striking out "chairman or vice-chairman" and substituting "chairperson or vice-chairperson".
Subsection 19(3) is repealed and the following is substituted:
Publication to be notice with certain exceptions
Subject to subsection 14(1.8), every document so signed, when published in one issue of The Manitoba Gazette, is sufficient notice of its contents to all owners, operators or drivers of taxicabs in The City of Winnipeg.
The following is added after subsection 19(3):
Three members of the board constitute a quorum at a meeting of or hearing or other proceeding before the board.
A decision made by a majority of the members present at a meeting of or hearing or other proceeding before the board constitutes a decision made by the board.
Where a quorum exists at the commencement of a meeting of or hearing or other proceeding before the board, and thereafter a member thereof dies, resigns or for any reason becomes incapable of acting, the remaining members may complete the meeting, hearing or proceeding or any adjournment thereof; and any decision with respect to that meeting, hearing or proceeding made by a majority of the remaining members shall be deemed to be a decision of the board as if a quorum had been present.
Every act, thing, decision or order that
(a) was done or made by the board before subsections (4), (5), and (6) came into force; and
(b) would have been lawful if those subsections had been in force at that time;
is validated and declared to have been lawfully done or made.
The following is added after section 19:
The board has the powers, protection and privileges of a commissioner under Part V of The Manitoba Evidence Act, other than sections 83, 85 and 86, subsection 88(2), and sections 93, 95 and 96.
Maintenance of order at proceeding
The board may make any order or give any direction at a meeting of or hearing or other proceeding before the board as it considers necessary for the maintenance of order at the meeting, hearing or proceeding and, if any person disobeys or fails to comply with the order or direction, the board or a board member may call for the assistance of a peace officer, and the peace officer shall take such action and use such force as is necessary to enforce the order or direction.
A person may apply to a judge of the court for leave to appeal to the court from a decision or order of the board on a question of jurisdiction or law.
Application for leave to appeal
An application for leave to appeal shall be made within 30 days after the person wishing to appeal receives a copy of the decision or order of the board, or within such further time as a judge of the court allows.
The board is entitled to be heard on the argument of an application for leave to appeal and on an appeal.
An appeal from a decision or order of the board does not stay the decision or order pending the hearing of the appeal, unless the board or a judge of the court orders otherwise.
The court shall certify its opinion to the board which shall take such steps as are necessary in accordance with the opinion.
Subject to subsection (2), the court may fix the costs and fees to be taxed, allowed and paid in respect of an appeal.
Neither the board nor any board member is liable for payment of the costs in respect of an appeal.
Section 21 is repealed and the following is substituted:
Penalty for non-payment of fares
Any person who engages a taxicab that is licensed under this Act and who, on demand being made at the termination of the trip, fails to pay the proper fare to the driver or owner of the taxicab, is guilty of an offence and is liable on summary conviction
(a) for the first offence, to a fine of not more than $250.; and
(b) for a subsequent offence, to a fine of not more than $500.
When a court or justice convicts a person of an offence under subsection (1), in addition to and at the time of imposing any fine, the court or justice
(a) shall order the person to pay the proper fare to the driver or owner of the taxicab if it has not been paid; and
(b) may assess costs against the person payable to the driver or owner of the taxicab.
The driver or owner of the taxicab may file in the Court of Queen's Bench of Manitoba a certified copy of an order made under subsection (2) and, on being filed, the order may be enforced in the same manner as a judgment of that Court.
Consequential amendment, C.C.S.M. c. H60
Section 285 of The Highway Traffic Act is repealed.
Subject to subsection (2), this Act comes into force on a day fixed by proclamation.
Section 19 comes into force on the day this Act receives royal assent.