Ontario’s plan to not solve congestion

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On Monday, October 21, Ontario's Minister of Transportation introduced the Reducing Gridlock, Saving You Time Act, that, if passed, would require municipalities to secure provincial approval for any new bike lanes that take space away from motor vehicles. The bill could also lead to the removal of existing bike lanes.

The rationale for this proposal is the province's desire to fight gridlock and “make life easier for drivers” and it's part of a package that also looks to raise highway speeds, speed up the construction of priority highways like Highway 413, and freeze road test fees.

In this newsletter, we look at the specifics of what's in the bill, why it won't reduce gridlock or save you time, and what you can do to voice your opposition.

What’s in the bill

The bill was tabled during the first sitting of the House after a prolonged summer break, indicating that this is a priority for government. We've done an initial review of what's in it and provide some highlights (or more accurately, lowlights) below.

  • The proposed bill would amend the Highway Traffic Act (HTA) to require that municipalities get approval from the Ministry of Transportation before building any bike lanes that would “reduce the number of marked lanes available for travel by motor vehicle traffic.”

  • The Ministry will consider whether a bicycle lane would unduly diminish the orderly movement of motor vehicle traffic. The criteria that would be used by the Ministry to do that is not outlined, but the bill allows for the Ministry to ask municipalities to provide information, including traffic information. The bill also allows for the Minister to make regulations about what information may be required.

  • As mentioned by the Premier last week, the amendments target existing bicycle lanes too, with the Ministry able to request traffic information related to existing bike lanes that removed space for motor vehicles when they were installed. There are no specifications in the bill about bike lane removal, however, Global News reported  that the province is offering to pay for the costs of removing existing lanes that don't meet their yet-to-be-determined criteria, and that bike lanes on Toronto's University Avenue, Yonge Street, and Bloor Street have been identified by the province for removal.

  • New bicycle lanes for which a contract has already been awarded, or on which the work is being done by a municipality and has already started on the day the bill comes into force, are exempted.

  • A bicycle lane is defined as any portion of a highway, the use of which is wholly or partially restricted or dedicated to bicycles.

*Update: On October 31, an addendum, was added that would require the province to remove sections of the Bloor Street, Yonge Street, and University Avenue bike lanes. Additional authorities to facilitate these removals would also be included, such as an exemption from the Environmental Assessment Act and a requirement for the City of Toronto to provide support to facilitate the removal of the bike lanes.

What’s wrong with the bill

  • It won't reduce gridlock or save you time. Simply put, motor vehicles cause congestion, not bikes. Despite unfounded claims to the contrary, the evidence shows that bike lanes do not create additional congestion, whereas people switching from bikes to cars does. Combined with proposals to build the new 413 highway and create a traffic tunnel under the 401, these plans further lock us into the car-centric planning decisions that lead to congestion in the first place (read: induced demand).

  • At present, municipalities have the authority to design and install bicycle lanes on roads under their jurisdiction based on their own priorities and transportation context. This bill is provincial overreach into municipal decision-making.

  • Removing bike lanes can be considerably more costly than installation. Municipalities have not budgeted for this, and even if the province picks up the tab, ripping out functional transportation infrastructure is not fiscally responsible.

  • A singular focus on “making life easier for drivers” will only make life harder for all road users. Yes, some people prefer or need to drive, but many people don't, and in any community at least 30% of people can't drive due to age, ability, or access, and they need real options too.

  • This move is out of line with other provincial priorities, such as growth targets, efforts to boost transit, and the current e-scooter micromobility pilot program.

Why we need more (not fewer) bike lanes

A few key reasons why municipalities across Ontario have committed to building bike lanes, which are likely familiar to you:

  • Bike lanes are an incredibly efficient way of moving people and are able to move many more people per hour than a lane focused primary on moving motor vehicles.

  • Bike lanes help to provide transportation choice, which helps to reduce the overall number of motor vehicles on the road. Just as highways result in more car trips, bike lanes increase cycling trips.

  • Bike lanes save lives, and help to make our roads safer for everyone, including people in motor vehicles.

  • Reallocating road space to transit and active transportation reduced traffic volumes and GHG emissions without substantially changing traffic speeds.

  • Cycling is an effective way to incorporate physical activity into daily life, reducing the risk of chronic disease, reducing stress, and improving mental health.

There is a wealth of evidence in support of building bike lanes, some of which has been summarized in our firm's “Active Transportation Benefits Research Tracker”. Sign-up today to gain access to this free resource to help make the case for cycling and active transportation.

So, what happens next?

The current government holds a majority, and it's hard to stop a majority government from passing the bills it wants to pass. That being said, that absolutely does not mean that we should accept the bill as-is. It's critical for us to voice our thoughts and opposition for the record, especially when government decision-making is unsupported by evidence. The Act has been posted for public comment for 30 days.

This week was First Reading for the bill. It will have one more reading in the House (Second Reading) before being sent to the Committee stage. The Committee stage is an opportunity for witnesses to speak to the bill, and for Committee members (Members of Provincial Parliament - MPPs) to consider amendments. If the Committee then votes to send the bill back to the House, it will undergo Third Reading, where MPPs will debate the bill and vote on whether the bill will pass. If passed, the bill received Royal Assent before coming into force, either immediately, or at a time specified in the bill.

Voice your opposition

There are a number of ways that you can register your opposition to this bill, including:

I encourage you to pick one or two (or more) of the actions outlined above and voice your opposition to this bill. It's a tough moment for cycling and municipal transportation planning in Ontario, but progress is not always linear. Let's work to move through this moment together, and continue to support communities where it's fun, safe, easy, and accessible for everyone to get around.

Contact me if you have any questions!

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Statements in opposition to Bill 212

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