WHEREAS Section 36 of the Motor Vehicle Act allows any taxi driver whose chauffeur permit is refused, suspended or cancelled by the Superintendent of Police to appeal to the municipal council for re-instatement and, on appeal, the decision of the council is final; AND WHEREAS a decision of council may deprive a driver of his sole means of family income, which makes such a decision repugnant to council: THEREFORE BE IT RESOLVED that Subsections 7 and 8 of Motor Vehicle Act Section 36 be amended so that an appeal for reinstatement of a chauffeur permit be handled, at the discretion of council, by either the Police Chief, council or the Superintendent of Motor Vehicles.
MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL Section 36 of the Motor Vehicle Act Act gives municipalities broad discretion to develop bylaws to regulate taxi drivers and chauffeurs operating within their jurisdiction. While the requirements in the Act are narrow and are strictly related to the operation of a motor vehicle, municipal chauffeur bylaws and requirements are generally broad and can include non-vehicle related matters such as a requirement for a police record check. The Act provides for an appeal process to municipal council if an applicant for a chauffeurs permit is refused or a chauffeurs permit is suspended or cancelled by the chief of police in a municipality. As the parameters under which a chauffeurs permit can be cancelled extend beyond the motor vehicle mandate, and the knowledge and expertise of the Superintendent of Motor Vehicles Superintendent, it would be inappropriate for the Superintendent to conduct appeals of municipal decisions in this regard. In addition, decisions of the Superintendent could affect the control of the municipality over the regulation of the taxi industry in their jurisdiction. The Province is therefore not considering amending this section of the Act.