Item - 2024.IE13.1

The Infrastructure and Environment Committee recommends that:  

1. City Council continue to decline the option to participate in O.Reg 389/19 – Pilot Project – Electric Kick-Scooters.

2. City Council opt in to participate in O. Reg. 215/17 Pilot Project - Low-Speed Vehicles generally as outlined in the report (April 18, 2024) from the General Manager, Transportation Services, titled "A Micromobility Strategy for Toronto".

3. City Council amend City of Toronto Municipal Code Chapter 950, Traffic and Parking, as follows:

a. By inserting a new definition of "Low-Speed Vehicle" in Section 950-101B in alphabetical order, to read as follows:

"LOW-SPEED VEHICLE - means a motor vehicle as defined in Ontario Regulation 215/17 Pilot Project - Low-Speed Vehicles, as amended, made under the Highway Traffic Act. In the event that a low-speed vehicle is otherwise defined in the Highway Traffic Act and its regulations, low-speed vehicle shall then have the meaning as defined in the Highway Traffic Act and its regulation."; and

b. By inserting a new section 950-200F, which states, "No person shall operate or permit the operation of a low-speed vehicle on a highway unless the vehicle meets, and is operating in accordance with, the requirements in Ontario Regulation 215/17."

4. City Council amend City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-For-Hire, to prohibit the use of low-speed vehicles as taxicabs, limousines, and private transportation company vehicles.

5. City Council direct the General Manager, Transportation Services to report back at the end of the provincial pilot project for low-speed vehicles in 2027, or sooner as requested, to the appropriate Committee with an evaluation of the operation of low-speed vehicles on city streets and any recommended policy and by-law changes, based on the evaluation and in consultation with relevant internal and external interested and affected parties.

6. City Council request the General Manager, Transportation Services, in consultation with relevant internal Divisions and Agencies, Boards and Commissions, and external interested and affected parties, to convene a multi-partner table, including but not limited to food delivery app companies, gig workers, the Toronto Association for Business Improvement Areas, and community groups representing persons with disabilities, pedestrians, seniors, and cyclists, and relevant Divisions and Agencies, Boards and Commissions, to collaborate on a public education campaign on the rules of the road, safe riding skills, and other initiatives to address concerns that arise, and to work collectively to address safety issues, by the end of the fourth quarter of 2024.

7. City Council request the Toronto Police Service Board to request the Chief of Police, in consultation with the General Manager, Transportation Services, to conduct an educational blitz in the summer of 2024 and an educational and enforcement blitz in the spring and the fall beginning in 2025 to enhance public awareness of key safety issues, i.e. illegal sidewalk riding, wrong way riding in cycle tracks, illegal e-moped use in cycle tracks, and illegal parking in bike lanes, and to improve compliance.

8. City Council request the Ministry of Transportation of Ontario to establish set fines under the Highway Traffic Act for use of micromobility vehicles which are not compliant with the definitions and / or recommendations under the Highway Traffic Act, and to communicate those set fines to police services across Ontario.

9. City Council request the Ontario Ministry of Finance and the Financial Services Regulatory Authority of Ontario to consult the insurance industry and other relevant parties on developing mandatory first and third party insurance requirements for micromobility vehicles and their operators and to establish a micromobility accident fund accessible to those who are injured in micromobility incidents where no insurance exists to respond to their claim.

10. City Council request Transport Canada to regulate micromobility vehicle safety and battery safety requirements, standards, testing and labelling, for point of sale and importation; and in creating those regulations, to consult with key interested and affected parties with expertise in micromobility vehicle design and safety, and universal accessibility.

11. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor or General Manager, Transportation Services, in order to give effect to the adopted recommendations.

12. City Council request the Ontario Minister of Municipal Affairs and Housing to delete clauses 1(1) (b) to (d) of O. Reg. 590/06 under the City of Toronto Act to give the City authority to license couriers and their vehicles, and to require that they carry adequate third-party liability insurance, in order to improve compliance with the rules of the road, to facilitate enforcement and to provide fair compensation to those injured by couriers.

Janet Lo, Senior Project Manager, Strategic Policy and Innovation, Transportation Services, gave a presentation on A Micromobility Strategy for Toronto.

Micromobility is a term for small, low speed, light weight vehicles - including bicycles, cargo bikes / trikes, folding bikes, electric two / three / four-wheeled cycles, electric kick-scooters (e-scooters), e-mopeds, and electric mini-cars. Their use / ownership may be personal / private, shared / rental, or commercial / corporate (e.g. for deliveries). In July 2023, Council requested a strategy to address growing micromobility usage and its safe operation within the city. Council also requested that staff recommend whether to opt in to additional pilot projects under the Ontario Highway Traffic Act. To inform this report, Transportation Services staff reviewed other jurisdictions and conducted extensive public engagement, and consulted internally with over 20 City Divisions, agencies, boards and commissions.

This report outlines key policy goals for the strategy and the criteria against which new micromobility opportunities are assessed: these are safety, mobility, the environment, equity and inclusion, health and public health, economic vitality, costs and liability. Staff previously recommended, and Council adopted, participation in two Ontario Highway Traffic Act pilot projects: 1) cargo power-assisted bicycles (2021) that are widely applicable for family use / commuters and for parcel deliveries by companies (such as Fed Ex and Purolator) and 2) large quadricycles (2022). In 2021, based on staff recommendation, Council declined opting in to the e-scooter pilot. This report assesses the opportunities for the low-speed vehicles pilot, and again for e-scooters. Applying the criteria, staff recommend opting in to pilot low-speed vehicles and continuing to decline to opt in to the e-scooter pilot. Any potential benefits of an e-scooter pilot appear to be outweighed by negative impacts on injuries to riders and non-riders, costs and liability to the City, and mode shift (mostly replacing walking and public transit).

The proposed strategy emphasizes the need for a holistic approach to ensuring micromobility safety, including the importance of safe infrastructure, its design and maintenance. Public engagement and collaboration with external and internal partners will also be key to address micromobility safety and food delivery industry issues, such as safe riding and battery fire prevention. Licensing micromobility is not recommended as the City does not have the powers under the City of Toronto Act, 2006 to license couriers, as well as several other reasons including jurisdiction, cost, ineffectiveness and impacts on environmental and equity goals. Key next steps are a concerted public education campaign on the rules for micromobility in Toronto; and involvement of federal and provincial governments in supporting micromobility.

Transportation Services confirms that there are no financial implications for this budget year resulting from the recommendations included in this report. Any financial impacts for future years’ budget will be included in the 2025 Budget submission. The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Toronto Accessibility Advisory Committee recommends that the Infrastructure and Environment Committee recommend that:

1. City Council direct the General Manager, Transportation Services conduct no further electric kick-scooter (e-scooter) pilots or trials, because e-scooters:

a. present a significant safety hazard;
 

b. cause serious injuries;

c. are a barrier to accessibility; and

d. enforcement is untenable.

At its meeting on February 5, 2024, the Toronto Accessibility Advisory Committee considered Item DI5.1 and a recommendation to City Council.