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Application Decision
Temporary Operating Permits (TOPs)
| Application No. | 23666-25 TOP |
|---|---|
| Applicant & Application Summary | Associate Taxi Ltd. Trade Name: Eco Taxi Current Originating Area: City of Kelowna and surrounding areas. TOPs (Regular)
|
| Applicant Information | Current Passenger Transportation Licence #75188 with:
Principals:
Office: 713 Mayfair Court, Kelowna, BC V1X 7H7 |
| Board Decision | One Temporary Operating Permit for 92 days is approved. |
| Decision Date | June 23, 2025 |
| Panel Chair | Garland Chow |
Introduction
This is an application under the Passenger Transportation Act (Act) for a Temporary Operating Permit (TOP). The Act regulates the licensing and operation of commercial passenger transportation vehicles and services in B.C. Under the Act, the Passenger Transportation Board (Board) makes licensing decisions on applications relating to taxis, limousines, and other small shuttle and tour vehicles.
The operation of these vehicles requires a “passenger directed vehicle authorization.” The Board has the authority to consider and approve applications for new licences as well as applications from existing licensees to change terms and conditions of their licences (including the addition of vehicles to their fleet), change rates to be charged for a service, and request a TOP.
Jurisdiction
As required by section 36.1(4) of the Act, the Registrar of Passenger Transportation forwarded the application to the Board. Section 38(1) of the Act allows the Board to approve an application for a TOP if the Board considers that there is an urgent and temporary need. The provision reads:
38 (1) The board may approve an application forwarded to it under section 36.1 (4) [application by licensee to temporarily increase fleet size] if the board considers that there is an urgent and temporary need for the licensee to increase the number of motor vehicles that are or may be operated under the licence.
Application
Applicant
The applicant, Associate Taxi Ltd. (Eco Taxi), has a Passenger Transportation Licence 75188 with a Special Authorization: Passenger Directed Vehicle Authorization to operate up to nine taxis of which a maximum of six may be conventional taxis. All
other vehicles are accessible taxis. The Eco Taxi licence authorizes passenger pick up in the City of Kelowna, District of Lake Country, City of West Kelowna and District of Peachland (Big White only).
In the last five years, the applicant was approved one Festive Season Temporary Operating Permit (FS TOP) and one TOP permit.
FS TOP application No. 16311-22, approved on November 7, 2022, permitted Eco Taxi to operate one additional taxi for 60 days during the period November 15, 2022 – January 14, 2023.
TOP application No. 17890-23, approved on June 19, 2023, permitted Eco Taxi to operate one additional taxi for 92 days during the period June 20, 2023 – September 19, 2023.
Applicant’s Request & Explanation
Eco Taxi has applied to operate two additional vehicles under a Temporary Operating Permit for 92 days beginning June 26, 2025. The applicant states: “As the Summer season has commenced, bringing forth numerous prominent events in the upcoming months that requires additional taxi service to meet rising demand.”
Applicant Information and Evidence
In support of this application, the applicant provided the following information and evidence:
- A Taxi Reservation Request, and
- Eight announcements of events
The Taxi Reservation Request is for meeting the transportation needs of a large group between the airport and lodging, winery visits, evening entertainment and golf outings over seven days within the TOP period requested.
While this Request is not a confirmed contract, it demonstrates the nature of demand during the summer season in the Kelowna region where large groups of visitors can strain the capacity of a single taxi operator. I place some weight on this evidence.
The eight announcements of events only occur during the summer season of Kelowna and are occurring during the TOP period requested. These include:
- Four outdoor and indoor music events some of which occur weekly and others lasting from one to three days
- National Bull ride competition
- Canada Day celebration
- Weekly night markets, and
A Designated Pedestrian Street district
I place some weight to this evidence that there is an overall increase in taxi demand due to the entertainment and celebratory events that occur during the summer months.
Analysis and Findings
The Board may approve a TOP if it considers that there is an urgent and temporary need for the licensee to increase the number of motor vehicles that are, or may be, operated under the licence. The onus is on the applicant to satisfy the Board that there is a need that is both urgent and temporary.
TOP applications are considered individually based on operating and market conditions at a particular time. TOPs are not a way to get authority for additional vehicles without making a regular Amendment of Licence application to increase the maximum fleet size. An applicant should not expect to receive further approvals after a TOP has been granted.
The Board recognizes that there is a seasonal spike in demand for taxi services in the operating area of the applicant’s licence, during the period that the applicant seeks a TOP licence. However, the applicant has provided no evidence to support that this demand is confined to the applicant should the TOP application be approved.
Evidence of increased demand for the applicant’s service specifically could include, for example:
- Contracts to provide service at a conference or special event
- Written confirmation of additional bookings for a time limited period
- Booking information that proves that historical bookings exceed capacity, for a set period of time
- Fleet usage data that shows year-over-year trends in trip bookings, wait times, and fleet utilization for the whole fleet, for the permit period requested versus other periods in the year
Eco Taxi was approved for a TOP for a similar high season in 2023 for one vehicle. The application for this TOP suggests that the applicant was successful in utilizing that additional vehicle previously. However, the applicant did not provide operating data showing unmet demand for bookings during the 2023 summer season or in 2024, which could support the addition of two vehicles under the current TOP application, rather than one. No relevant contracts to provide service or written confirmation of additional bookings were provided in this application package.
Based on the information and evidence above, I have concluded that there is insufficient evidence to support the need for two vehicles. However, I am satisfied that there is an urgent and temporary need to operate one additional vehicle under a Temporary Operating Permit.
Conclusion
For the reasons above, this TOP application is approved in part, and I establish requirements respecting the approved TOP in the following appendices to this decision:
- Appendix 1: TOP Terms and Conditions
- Appendix 2: Rates and Rules
Associate Taxi Ltd.
Eco Taxi
Appendix 1: TOP Terms & Conditions
| Vehicle Capacity (Taxi) | A driver and not less than 2 and not more than 7 passengers. |
|---|---|
| Specialty Vehicles | The accessible taxis must be operated in accordance with the Motor Vehicle Act Regulations including Division 10 (motor carriers) and Division 44 (mobility aid accessible taxi standards), as amended from time to time, and in accordance with any other applicable equipment regulations and standards. |
| Flip Seat Authorization | Passengers may be seated in moveable “flip seats” or “let down seats” that are installed behind the driver in accordance with Division 10.07(5) of the Motor Vehicle Act Regulations. |
| Eco-Friendly Taxis | Conventional taxis approved for this licence and for which a passenger transportation identifier is issued, must be operated as ‘eco-friendly taxis’ as defined by Board policies in effect at the time the vehicle is issued a passenger transportation identifier. |
| Service Priority Requirement | Persons with mobility aids who require an accessible taxi for transportation purposes are priority clients for the dispatch of accessible taxis. The licensee must at all times use a dispatch and reservation system that dispatches accessible taxis on a priority basis to clients who have a need for accessible vehicles. |
| Service 1 | The following terms and conditions apply to Service 1: |
| Originating Area | Transportation of passengers may only originate from City of Kelowna, District of Lake Country, City of West Kelowna, District of Peachland, (Big White only). |
| Destination Area | Transportation of passengers may terminate at any point in British Columbia. |
| Return Trips: | The same passengers may only be returned from where their trip terminates in the destination area to any point in the originating area if the return trip is arranged by the time the originating trip terminates. |
| Reverse Trips (limited) | Transportation of passengers may only originate in the destination area if the transportation terminates in the originating area and the cost of the trip is billed to an active account held by the licence holder that was established before the trip was arranged. |
Liquor Control and Licensing Act Cannabis Control and Licensing Act | The licensee must ensure passenger directed vehicles under their licence are operated at all times in compliance with the Liquor Control and Licensing Act and the Cannabis Control and Licensing Act. |
| Permit Activation | This permit for one TOP may be activated any time on or after June 26, 2025. |
| Permit Expiry | This permit expires at 11:59 p.m. September 26, 2025. |
Appendix 2: Rates and Rules
The following Board rates and rules are applicable: