Item - 2019.IE7.13
Tracking Status
- City Council adopted this item on October 2, 2019 without amendments.
- This item was considered by Infrastructure and Environment Committee on September 9, 2019 and was adopted with amendments. It will be considered by City Council on October 2, 2019.
- See also By-law 1405-2019
IE7.13 - E-Scooter Oversight and Management
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on October 2 and 3, 2019, adopted the following:
1. City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, the Medical Officer of Health and the Toronto Parking Authority, to report to the appropriate Committee in the fourth quarter of 2019 on a program to enable the oversight and management of e-scooters on City roadways, including the possibility of adding electric scooters to the bike share fleet as a way of managing e-scooters in the public right-of-way, with the goal of ensuring a safe and accessible transportation network for all users during the proposed 5-year Provincial pilot project.
2. City Council prohibit the use of e-scooters on City sidewalks and pedestrian ways, and prohibit any person from parking, storing or leaving an e-scooter on any street, sidewalk and pedestrian way.
3. City Council authorize the City Solicitor to introduce the necessary Bills directly to Council to amend the requisite City By-laws or Municipal Code Chapters to give effect to City Council’s decision in Part 2 above, and authorize the City Solicitor to make any necessary clarifications, technical amendments, or By-law amendments as may be identified, in consultation with the General Manager, Transportation Services.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2019/ie/bgrd/backgroundfile-137367.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-138531.pdf
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-97448.pdf
(September 30, 2019) Letter from Janice Solomon, Executive Director, Toronto Entertainment District Business Improvement Area (CC.Supp.IE7.13.2)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-97450.pdf
(October 1, 2019) Letter from Keagan Gartz, Interim Executive Director, City Toronto (CC.New.IE7.13.3)
https://www.toronto.ca/legdocs/mmis/2019/cc/comm/communicationfile-97519.pdf
Motions (City Council)
That City Council:
1. Amend Infrastructure and Environment Committee Recommendation 2 by adding the words "Until such time as the report in Recommendation 1 above can be considered by the appropriate Committee and City Council" so that the recommendation now reads as follows:
2. Until such time as the report in Recommendation 1 above can be considered by the appropriate Committee and City Council, City Council prohibit the use of e-scooters on City sidewalks and pedestrian ways, prohibit any person from parking, storing or leaving an e-scooter on any street, sidewalk and pedestrian way.
That Councillor Layton be permitted to withdraw his motion 1.
Councillor Perks, rising on a Point of Order, stated that in his reading of motion 1 by Councillor Layton, once the report referenced in the motion comes to Council, irrespective of what Council decides to do, the By-law prohibition Council is considering will be waived. Councillor Perks further stated that Councillor Layton has a different understanding of the effect of his motion, and asked for advice from the City Clerk so that Members of Council understand what it is they're voting on.
The City Clerk advised that the intention of the Committee recommendation is to put in place a temporary regulation that prohibits the use of these scooters. The City Clerk further advised that the wording in Councillor Layton's motion "that until such time as it comes back to Committee and Council" implies that the temporary regulation is going to be repealed at that point and that the City Clerk does not think that is what Councillor Layton intended. The City Clerk further advised that Council would need the help of Legal Services to redraft the motion.
Speaker Nunziata accepted the City Clerk's advice and ruled that Councillor Layton should stand his motion down to seek drafting assistance from the City Solicitor.
Councillor Layton, rising on a Point of Order, stated he was not passionately moving the motion that would have no effect except to send a signal that at some point in time in the near future Council will reconsider this and perhaps lift some of these restrictions, and he would gladly withdraw the motion.
Rulings (City Council)
IE7.13 - E-Scooter Oversight and Management
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Infrastructure and Environment Committee recommends that:
1. City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, the Medical Officer of Health and the Toronto Parking Authority, to report to the appropriate Committee in the fourth quarter of 2019 on a program to enable the oversight and management of e-scooters on City roadways, including the possibility of adding electric scooters to the bike share fleet as a way of managing e-scooters in the public right-of-way, with the goal of ensuring a safe and accessible transportation network for all users during the proposed 5-year Provincial pilot project.
2. City Council prohibit the use of e-scooters on City sidewalks and pedestrian ways, prohibit any person from parking, storing or leaving an e-scooter on any street, sidewalk and pedestrian way.
3. City Council authorize the City Solicitor to introduce the necessary bills directly to Council to amend the requisite City by-laws or Municipal Code Chapters to give effect to City Council’s decision in Recommendation 2 above, and authorize the City Solicitor to make any necessary clarifications, technical amendments, or by-law amendments as may be identified, in consultation with the General Manager, Transportation Services.
Origin
Summary
On Wednesday, August 28, 2019, the Ministry of Transportation (MTO) posted a proposal on Ontario's Regulatory Registry soliciting feedback to inform the development of a regulatory and policy framework regarding the use of e-scooters. Comments to the Ministry are due September 12, 2019.
MTO is proposing to pass and/or amend regulations under the Highway Traffic Act (HTA) to establish a 5-year pilot project that would allow e-scooters on Ontario roads. MTO has proposed the following Operator/Rider/Vehicle Requirements:
- Can operate on-road similar to where bicycles can operate; prohibited on controlled access highways
- Minimum operating age 16
- Bicycle helmet required for those under 18 years old
- No passengers allowed
- Maximum operating speed 32 km/h
- No pedals or seat allowed
- Must have 2 wheels and brakes
- Maximum wheel diameter 17 inches
- Must have horn or bell
- Must have front and back light
- Maximum weight 45kg and Maximum power output 500W
Staff from Transportation Services, Municipal Licensing and Standards as well as Toronto Public Health are reviewing this issue and will submit comments to the Province by the September 12, 2019 deadline. While the Province’s changes to the HTA will likely enable individuals to use e-scooters, it is critical from a safety and accessibility perspective that the City have the authority to regulate any mass deployment of e-scooters on a commercial basis (e.g., scooter share) through a permit system. This would include the ability to manage the number of e-scooters, locations where they can operate, maintenance and operations requirements, communications protocols between the City and e-scooter rental/sharing companies and data-sharing requirements. This will form the basis of staff's comments to the Province.
In light of the Province's accelerated timeline to establish the e-scooter pilot, it is recommended that the Infrastructure and Environment committee direct staff to develop the necessary programs to enable the oversight, management and regulation of e-scooters on the streets of Toronto during the Province's proposed pilot project. This would build on the direction given by this committee on April 25, 2019 in IE4.5 Proposed Regulatory Framework for Scooters, Cargo, and E-assist Cycles, which directed staff to report back with a regulatory framework in the fourth quarter of 2019.
The recommendations below seek to provide parameters related to safety and accessibility until such time as staff report back with a program to enable the oversight and management of e-scooters.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/ie/bgrd/backgroundfile-137367.pdf
Motions
That:
1. Recommendation 1 be amended by adding "Toronto Parking Authority" and "including the possibility of adding electric scooters to the bike share fleet as a way of managing e-scooters in the public right-of-way" so that it now reads:
"City Council direct the General Manager, Transportation Services, in consultation with the Executive Director, Municipal Licensing and Standards, the Medical Officer of Health and the Toronto Parking Authority, to report to the appropriate Committee in the fourth quarter of 2019 on a program to enable the oversight and management of e-scooters on City roadways, including the possibility of adding electric scooters to the bike share fleet as a way of managing e-scooters in the public right-of-way, with the goal of ensuring a safe and accessible transportation network for all users during the proposed 5-year Provincial pilot project."
2. Recommendation 2 be amended by deleting "Standing" so that it now reads:
"City Council prohibit the use of e-scooters on City sidewalks and pedestrian ways, prohibit any person from parking, storing or leaving an e-scooter on any street, sidewalk and pedestrian way."