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Orillia Uber drivers will face vulnerable sector screening

Council opens door for Uber, but key provision may keep service out of city; 'We can't stop everything bad from happening,' laments Coun. Mason Ainsworth
uber
(via Ryan Remiorz/Canadian Press)

City councillors may have given Uber a green light to operate in the city Thursday night, but they might have also thrown up a road-block.

Last night, after a lengthy and spirited debate, councillors approved a new wide-ranging bylaw regarding transportation services that allows Uber and other ride-sharing services to operate in the Sunshine City.

But they included in that bylaw a requirement that Uber drivers be subject to a vulnerable sector screening (VSS) check in addition to a criminal background check. Uber officials have told the city they will not come to Orillia if that extra safety check is in place.

Two councillors, Mason Ainsworth and Sarah Valiquette-Thompson, pleaded with their colleagues to drop the VSS provision – just as they did at a committee meeting earlier this week.

“I am in support (of) having Uber operate in Orillia and I believe we should do anything we can in order for that to happen,” said Ainsworth, stressing residents “need more options” instead of “waiting outside in winter for hours at a time” for a cab.

The Ward 3 councillor noted just one other Ontario municipality mandates the VSS of Uber drivers; he contends it is not necessary and would, in essence, deny Orillians the opportunity to access Uber.

He said the city is guilty of over-regulating and “creating all these bylaws” but “the reality is we can’t stop everything bad from happening.”

Valiquette-Thompson agreed. “I want to make sure we’re doing whatever we can to pursue this opportunity,” she said, noting she “heard loud and clear we need this opportunity in our community.”

But others on council did not agree.

Coun. Ted Emond, in a lengthy monologue, cited research and statistics from various levels of governments and agencies that underline the importance of VSS. That is an opinion shared by Simcoe Community Services (SCS), he noted.

“I did check with (SCS) that provides services here to the disabled,” said Emond, citing an email from Jamie Hall, the agency’s stakeholder relations manager. “He stated (they are) very pro-vulnerable sector checks. People with intellectual disabilities rely on safe modes of transportation and are vulnerable when doing so. Vulnerable sector checks help with the safety of transporting these individuals,” said Emond. “We want to ensure the same level of respect and safety to those who are vulnerable.”

Emond also stressed that if the provision for VSS was removed for Uber drivers, it would also be removed for local cab drivers – something the city has required for many years. He didn’t think that was wise.

The Ward 1 councillor also questioned why Uber would be against vulnerable sector screening.

“I checked with two people who recently had to go through the process. It took less than two weeks and cost $25,” said Emond. “It’s not an onerous task to do it once and that’s all that is required. I’m not sure why Uber is against it” but he suggested the giant global company simply “doesn’t want to cow-tow to any municipality on any rule.”

Ainsworth countered that citizens could choose to not use Uber and noted the ride-share service is not allowed to pick up anyone under the age of 18. However, Emond said he signed up for an account and did not have to provide proof of age.

City CAO Gayle Jackson stressed the VSS provides more depth in the screening process. She said, ultimately, the city’s manager of legislative services, in consultation with the detachment commander of the OPP, decides who is permitted to drive.

“A requirement for vulnerable sector screening … would enable us to understand someone’s background to determine whether or not, in fact, a licence will actually be issued,” she told councillors. “If you remove that provision, then it’s just a criminal record check and (that) definitely does not provide the same type of information. (The) vulnerable screening provides that one extra level of information … to enable a decision to be made.”

Coun. Pat Hehn was also opposed to eliminating the VSS.

“I certainly support Uber coming to Orillia,” said the Ward 4 councillor. “But I think there should be an equal playing field.”

She said several years ago she had talks with the local OPP detachment commander who advocated vulnerable sector screening for taxi drivers. “If the OPP felt it was necessary, I go with the experts and support vulnerable sector checks.”

Hehn also noted the issue is not just about women or children. “I have to emphasize you can be vulnerable at any age,” said Hehn, who was previously executive director of the North Simcoe Victim Crisis Services. “Assault is a crime of opportunity and can happen at any time, so I (think we should) do everything we can to protect people.”

Valiquette-Thompson and Coun. Ralph Cipolla tried to get support to postpone the decision so more information could be provided. However, none of the other politicians supported the delay.

In the end, only Ainsworth and Valiquette-Thompson voted in favour of scrapping the vulnerable sector screening.

Other highlights of the proposed by-law include:

  • Equal licence fees for ride-sharing services and taxi companies, not individual licence fees for individual drivers;
  • Elimination of regulated fares for the taxi industry;
  • An audit-only enforcement approach for vehicle and driver records for ride-sharing services and taxicab companies. If companies fail to comply with regulations they can be charged or have their business licence revoked;
  • Surge pricing is allowed, as long as it is done in a transparent way;
  • Auxiliary service transportation companies, designated driver transportation services, stretcher transportation services and registered charities providing transportation services are not regulated under the by-law.

“By modernizing regulations relating to the transportation industry, the public will have more choices when travelling within Orillia and transportation companies will have more flexibility to meet the shifting needs of the public,” said Shawn Crawford, Manager of Legislative Services.

Staff will finalize the bylaw and present it to council for ratification at its meeting on Aug. 16.

Once the by-law is ratified, staff will notify all parties of the new regulations and ride-sharing services will be permitted to operate in Orillia provided they obtain a business licence


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Dave Dawson

About the Author: Dave Dawson

Dave Dawson is community editor of OrilliaMatters.com
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