PART III SPECIFIC MUNICIPAL POWERS
69.
69 (1) This section applies to passenger transportation systems other than the following: 1.  Vehicles and marine vessels used for sightseeing tours. 2.  Vehicles exclusively chartered to transport a group of persons for a specific trip within the municipality for compensation. 3.  Buses used to transport pupils, including buses owned and operated by, or operated under a contract with, a school board, private school or charitable organization. 4.  Buses owned and operated by a corporation or organization solely for its own purposes without compensation for transportation. 5.  Taxicabs. 6.  Railway systems of railway companies incorporated under federal or provincial statutes. 7.  Ferries. 8.  Aviation systems.  2001, c. 25, s. 69 (1). By-laws (2) A municipality that has the authority to establish, operate and maintain a type of passenger transportation system may, (a)  by by-law provide that no person except the municipality shall establish, operate and maintain all or any part of a passenger transportation system of that type within all of the municipality or that area of the municipality designated in the by-law; and (b)  despite section 106 and any by-law under clause (a), enter into an agreement granting a person the exclusive or non-exclusive right to establish, operate or maintain all or any part of a passenger transportation system of that type within all of the municipality or that area of the municipality designated in the agreement under such conditions as the municipality provides, including a condition that the municipality pay any deficit incurred by the person in establishing, operating or maintaining the system.  2001, c. 25, s. 69 (2). More than one authority (3) If both an upper-tier municipality and one of its lower-tier municipalities have the authority to establish, operate and maintain the same type of passenger transportation system, a by-law under clause (2) (a) with respect to that type of passenger transportation system must be passed by both municipalities.  2001, c. 25, s. 69 (3). Deficit (4) A municipality that incurs a deficit in establishing, operating or maintaining its own passenger transportation system, or that enters into an agreement under clause (2) (b) to pay a deficit incurred by another person in establishing, operating or maintaining such a system, may levy a special rate on all the rateable property in the area served by its own system or in the area designated in the agreement to recover the deficit.  2001, c. 25, s. 69 (4). Rights unaffected (5) Nothing in this section prevents a person from establishing, operating or maintaining a passenger transportation system that is used to convey passengers or passengers and property through an area designated under subsection (2) from a point within the designated area to a point outside the designated area or from a point outside the designated area to a point inside the designated area.  2001, c. 25, s. 69 (5). Existing rights (6) Nothing in this section affects any rights of a person holding a valid operating licence under the Public Vehicles Act if, (a)  those rights existed on the day before the area was designated under subsection (2); (b)  the area was designated before the repeal of the Public Vehicles Act; (c)  the person held a valid operating licence under the
Public Vehicles Act on the day before the repeal of that Act; and (d)  the person regularly exercised those rights in the 12 months immediately before the repeal of the Public Vehicles Act. 2020, c. 34, Sched. 23, s. 10 (1). Power exercised outside municipality re buses, ferries (7) Despite subsection (1) and section 19, a municipality may, if one of the purposes for so acting is for its own purposes, exercise its powers under subsection 10 (1) or 11 (1), paragraph 7 of subsection 10 (2), paragraph 7 of subsection 11 (2) or paragraph 2 of subsection 11 (3) in relation to a bus passenger transportation system and a ferry transportation system in the municipality and between any point within the municipality and any point outside the municipality, including outside Ontario.  2006, c. 32, Sched. A, s. 28; 2020, c. 34, Sched. 23, s. 10 (2). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. A, s. 12 - 01/01/2003 2006, c. 32, Sched. A, s. 28 - 01/01/2007 2020, c. 34, Sched. 23, s. 10 (1, 2) - 01/07/2021