Taxis continue operating illegally

By Miriam Ostermann, Associate Editor

Over the two months since town council agreed on the addition of the mandatory first aid certificate requirement to the town’s taxi bylaw, a local cab company continued its service within Strathmore in defiance of the bylaw, resulting in both parties engaging in formal legal action.
According to the Town of Strathmore, all existing taxi companies within the town have been operating illegally since Jan. 31 as no business licenses have been issued or renewed, thus resulting in taxi companies operating without the required permits and receiving multiple tickets.
A year ago, Bylaw 16-14 received a stamp of approval with amendments, including inspections for vehicles, ensuring a smoke-free environment and criminal background checks. Throughout the process administration and the taxi companies discussed the amendments and gained some input. The town extended its deadline for drivers to allow for first aid training and agreed to cover the cost associated with training by waiving the yearly driver fee.
However, taxi company owners felt the requirement posed a safety concern for their drivers and an obligation to use the training, while being accompanied with too many legal implications. In turn, the town assured the companies before the bylaw was passed that under the Emergency Medical Aid Act, a person cannot be held liable for administering first aid in good faith and they are not obligated to use their skills in an emergency.
Without the proper permits, the town said local taxi companies are currently displaying illegal decals and operating in non-compliance with vehicle safety regulations, business licensing obligations and driver regulations.
“The taxi drivers have not come in for their permits, they and the company continue to operate illegally,” said Mayor Pat Fule. “We continue to ticket them as we prepare our case. We do not understand why the company would continue to disobey bylaws they helped create, as part of the taxi bylaw committee. Lastly, the companies had a year to prepare for and implement the changes. We want successful taxi companies, but they should have clean, smoke free vehicles that are also mechanically sound.”
While details remain scarce, formal legal action has been taken against the companies as a result of continued operations.
Martin de Peuter, owner of Strathmore Taxi and Economy Taxi, said he feels his business is being targeted and he will continue to run his cabs.
“The town can’t be dictating to the taxis or any other business; the minute you segregate the taxis you’re discriminating against the taxis,” he said. ”That’s why they have the taxi commission so you can’t discriminate. You can’t have a taxi bylaw without having a taxi commission, period. Somewhere the town has to realize the Constitution of Canada takes precedence over the MGA (Municipal Government Act) and must be adhered to in order to legislate anything against any private business.”
Town administration disagrees. As stated in the MGA, the Town of Strathmore has the power to maintain responsible service for safe public and private transportation. According to a statement released by the town on March 9, it is the responsibility of private companies to comply with the town and provincial laws.
“The big cities have taxi commissions because they have so many companies and so many different rules,” said Jennifer Sawatzky, municipal clerk for the Town of Strathmore. “I would say it’d be very rare to find a small municipality like Strathmore that would have a taxi commission. The fact that we really only have one taxi company that’s illegally operating, we wouldn’t have a need for a taxi commission in Strathmore.”
Those interested in information on providing taxi, delivery or ride-sharing services to the community while complying with the bylaw, are encouraged to contact the Town of Strathmore and watch for updates on their website (strathmore.ca).