Update: Ontario’s e-bike rules remain confusing (for now)
On November 13, I went to Queen’s Park because I want to be able to legally ride my e-bike with my daughter. Long story short, my proposed amendment was voted down and it’s still prohibited in Ontario to ride an e-bike with a passenger under 16 years of age, but it looks like there will be an opportunity to change this through a new e-bike regulatory approach passed as part of Bill 197.
In this blog post I provide background context on e-bike policy in Ontario, as well as an overview of what’s in Bill 197 and my delegation remarks. The key takeaways are summarized at the end for easy access.
Background: Ontario’s e-bike rules
It has been well over a decade since meaningful updates were made to how we define and regulate e-bikes in Ontario. During this time, we have seen a huge growth in e-bike ridership and a lot of evolution when it comes to the styles of e-bikes being sold and used.
Ontario has been using the federal definition of e-bikes (referred to officially as power-assisted bicycles), which was repealed by the federal government in 2021, but grandfathered in until we pass new definitions. This old federal definition was broad enough to include both bicycles with an electric assist, or what we might think of as “bicycle style e-bikes”, as well as low-speed electric motorcycles, often referred to as “mopeds”. This has created confusion about what types of vehicles are allowed to operate where, and about what exactly an e-bike is.
I’ve got more specifics about what constitutes an e-bike in Ontario in my e-bike report. At a high level, we have a lot of similar requirements to other provinces and territories like a 32km/h speed limit, as well as some unique to Ontario requirements, like a minimum age of 16 years for both e-bike operators and passengers.
For years, many local and provincial partners called on the federal government to more clearly distinguish between different types of e-bikes. Ontario attempted to create different categories of e-bikes in 2021 through the MOMS Act, however, the associated regulations were never developed, and the e-bike section of that bill was never proclaimed. In May 2024, the government announced it was no longer pursuing the e-bike definitions outlined in the MOMS Act. And that’s where Bill 197 comes in.
New: What’s in Bill 197?
Bill 212 (Reducing Gridlock, Saving You Time Act) was not the only bill that impacted cycling during the past legislative session. The Safer Roads and Communities Act (Bill 197) repealed the definition of power-assisted bicycles and created regulatory making powers that would allow e-bikes to be categorized into distinct classes. The bill does not provide specifics about what those classes would be, but means that those classes and associated user requirements would be developed through regulations.
Helpful note: Regulations are legislation that support an Act. They define how laws are applied and enforced. Unlike Acts, they are not issued by a legislative body, they are created by government officials.
Overall, I think it’s an essential step for Ontario to create different classes of e-bikes. Distinguishing between different types and styles will help municipalities and trail operators create safer rules about where e-bikes can safely operate, and it will create more clarity for e-bike users and retailers. It’s also an approach that is widely adopted in the United States with their 3-class system, and now in British Columbia, which recently created a distinction between “light e-bikes” and “standard e-bikes”.
While I like the goal of creating different classes, I went to Queen’s Park to delegate to the committee reviewing the bill because I had questions about the implications of their proposed approach, and because I wanted to make sure that this prohibition on child passengers was reversed moving forward.
Where e-bikes can ride & licensing requirements
I wanted to ask the committee if this bill impacts where e-bikes can be ridden. Previously, power assisted bicycles (PABs) were recognized as a type of bicycle and they were, by default, permitted to ride everywhere that bicycles were, unless specifically prohibited. By repealing the definition of PABs and removing reference to PABs from the definition of bicycles in the Highway Traffic Act, does this mean e-bikes would need to be actively permitted instead of permitted by default?
While I was delegating, opposition MPPs also brought up concerns about possible licensing requirements should e-bikes be moved into the current motor-assisted bicycle category.
I didn’t get any concrete answers from the government on either of these issues during the committee meeting, however, through additional follow-up it seems to me that these issues will be dealt with during the regulatory process, which is where specific user requirements (such as licensing, age requirements, etc.) would be assigned for each e-bike class.
Alignment with other jurisdictions
Like I did when I delegated about the MOMS Act in 2021, I urged the government to align with what other jurisdictions are doing on e-bike definitions. I can envision a scenario where a resident of Gatineau, QC who works in Ottawa (or vice versa) buys an e-bike which then inadvertently becomes illegal while they cycle over the bridge in the morning because Ontario and Québec have adopted different e-bike classes and requirements. People moving to Ontario or visiting as cycle tourists would also be subject to confusion, as would retailers operating in a global market but subject to differing local rules.
Child passengers on e-bikes
Lastly, the main impetus for my delegation was how Ontario’s e-bike rules continue to impact families and caregivers. While a minimum age for e-bike operators is standard, Ontario is currently the only jurisdiction I am aware of in North America that also has a minimum age requirement for e-bike passengers. Currently no one under 16 years old if permitted on an e-bike.
This ban on child e-bike passengers is not evidence based or justified through safety research or the experiences of people in other jurisdictions in Canada, or around the world. Although not enacted, the 2021 MOMS Act repealed this age requirement for passengers, and I spoke in favour of that move at the time. Until recently, I thought this as going to be law as soon as the e-bike section was proclaimed.
To help make the point, I circulated photos to committee members of e-bike uses that are prohibited with this requirement (below), and MPPs from all parties said they appreciated the visualization of what that age requirement meant.
A series of images of 3 e-bike uses not permitted under current Ontario e-bike rules. These images were shared with committee members as part of my delegation.
The committee also received a written delegation from a Kingston resident who has been pulled over for carrying their child to daycare on an e-bike with a purpose-built child carrying system, and can no longer use this affordable and fun way of commuting with their family.
As the mom of a toddler who uses an e-bike as their main mode of transportation, I urged the committee to make sure this ban was not perpetuated moving forward. I also proposed an amendment that would permit e-bike passengers of all ages as long as there is a purpose-built seat for them.
I was so grateful for MPP Mary-Margaret McMahon who brought this amendment forward to the committee after my delegation. Unfortunately, it was voted down because the government does not want to presuppose the outcome of their future e-bike consultations.
What’s Next
Bill 197 passed Third reading without my amendment and received Royal Assent (aka. it passed) on November 20th.
A few key takeaways as we move forward:
Bill 197 has received royal assent, but that does not mean new rules are in effect. As we learned with the MOMS Act, new e-bike rules won’t come into effect until there are associated regulations and that section of the bill is proclaimed.
The purpose of the regulatory making powers is to create user requirements for different categories of e-bikes. Specifics on what these categories will include have not yet been shared, but this is where user requirements like age, licensing, etc. will be outlined.
I understand there will be consultations on the new regulations, e-bike categories, and associated user requirements. This could include public comments through the Environmental Registry as well as MTO consultations with partners.
As the government embarks on another round of e-bike consultations, let’s make sure we are heard loud and clear. I am going to be coordinating some messaging and actions we can take (but I am also a parent and small business owner so I haven’t quite gotten to it yet). I am also working through various associations and industry groups to share information about e-bikes, regulatory best practices, and why I think this child passenger ban is so important to address.
Sign up for my newsletter to be alerted for how to take action. And if you’d like to assist with the planning, send me an email so we can connect!