Bill 126, "An Act to Amend the Highway Traffic Act" received Royal Assent on April 23, 2009.

Power-assisted bicycles (E-bikes) are now formally recognized and have legal status in the Ontario Highway Traffic Act.

Highlights of the Highway Traffic Act for E-Bikers:

Read the PDF Version of Bill 126.

Read the full version of the Highway Traffic Act (including Bill 126 amendments)

Power-assisted bicycles are defined:

"power-assisted bicycle" means a bicycle that:
(a) is a power-assisted bicycle as defined in subsection 2 (1) of the Motor Vehicle Safety Regulations made under the Motor Vehicle Safety Act (Canada),
(b) bears a label affixed by the manufacturer in compliance with the definition referred to in clause (a),
(c) has affixed to it pedals that are operable, and
(d) is capable of being propelled solely by muscular power;

I have received comments expressing concern that "is capable of being propelled soley by muscular power" does not bode well for all scooter style e-bikes or perhaps the larger ones.  This is a slight variation on the phrase used in the Motor Vehicle Safety Regulations which says "is capable of being propelled by muscular power."  My own feeling is that, if anything, the meaning of this phrase is too vague to be an issue.  (Whose muscles?  Do I have to be sitting on it to propel it?  Am I required to use the pedals?)

Section 38 of the Act now states:

38. (1) No person under the age of 16 years shall drive or operate a motor-assisted bicycle or power-assisted bicycle on a highway.
(2) No person who is the owner or is in possession or control of a motor-assisted bicycle or power-assisted bicycle shall permit a person who is under the age of 16 years to ride on, drive or operate the motor-assisted bicycle or power-assisted bicycle on a highway.

Note the act refers to and sets rules for both "power-assisted bicycles" (E-bikes) and "motor-assisted bicycles" (not E-bikes).  Sometimes the rules coincide for both types of bicycles as is shown in Section 38.  When you are reading the Act, be sure and keep this in mind.

Something that I just noticed reading this part of the Act is that it gives an answer to all those Soccer Moms out there:  you won't be able to take your kid to soccer practice on the back of your E-bike, even if they are wearing a helmut.  Back to the mini-van.  Sorry.

[Correction to the above comment (sort of):  I may have been premature in judging what Section 38 (2) means.  I thought the term "ride on" meant "carry as a passenger" however this may not be true.

Section 104 (1) and (2) (which pertains to motorcycles) says the following:

"104. (1) No person shall ride on or operate a motorcycle or motor assisted bicycle on a highway unless the person is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin.

(2) No person shall carry a passenger who is under sixteen years of age on a motorcycle on a highway unless the passenger is wearing a helmet that complies with the regulations and the chin strap of the helmet is securely fastened under the chin."

I leave it to any of those keen legal minds out these as to whether Soccer Moms are out of luck or not.

As if this is not enough, I offer one more section of the Act for E-Bikers to chew on.  Section 178 (2) states:

"(2) No person riding on a bicycle designed for carrying one person only shall carry any other person thereon."

Section 64 (2) of the Act now states:

(2) Every motorcycle, motor-assisted bicycle or power-assisted bicycle when being driven on a highway shall be equipped with at least two braking systems, each with a separate means of application, with one effective on the front wheel and one effective on the rear wheel.

No issues on this one.  There is a consequential amendment to 64 (4) to make it clear that pedal bicyles only require one braking system.

Section 103.1 has been added and states the following:

103.1 (1) Every power-assisted bicycle shall have the prescribed equipment and conform to the prescribed requirements and standards.
(2) No person shall ride on, drive or operate a power-assisted bicycle on a highway unless the person is wearing a helmet as required by subsection 104 (1) or (2.1).
(3) The Minister may make regulations,
(a) prescribing equipment for power-assisted bicycles;
(b) prescribing requirements and standards for power-assisted bicycles;
(c) exempting any class of power-assisted bicycles from subsection (1) or from any provision of the regulations made under this subsection and prescribing conditions and circumstances for any such exemption.

This is the main part of the Act that indicates a potential threat to scooter style e-bikes-- it permits the Minister to enact regulations, and the regulations may explicitly or constructively remove scooter style e-bikes from the available mix by setting standards that are two restrictive, for example.

I have been invited, by the Ministry, to comment on the proposed regulations before they are published in near final form for more general public comment.  It is on this basis that I have been asking E-bike riders everywhere to complete the E-bike User Survey.

If you have not yet aleady done so, please take the time to completed and send me a survey.

Thank you.

Warren Christiani

Webmaster, E-Bike Rider Network