Item - 2020.IE14.10

The Infrastructure and Environment Committee recommends that:  

1. City Council request that the General Manager, Transportation Services, report back to the Infrastructure and Environment Committee on November 5, 2020 on the recommendations below, including, but not limited to, injury, fatality and collision investigations and data collection and tracking, further standards development for e- scooter device design, as well as consultations on proposed by-law changes with the accessibility community and other external (including the public) and internal stakeholders (e.g., Toronto Police Services, Toronto Parking Authority, and Toronto Public Health), including proposed by-law changes based on best practices developed in Canadian Municipalities required to opt in to the Provincial e-scooter pilot for May 2021, including, but not limited to, where e-scooters would be allowed to operate and be parked in the city right of way.

2. City Council amend Municipal Code Chapter 179 - Parking Authority by adding the term, "micromobility", in section 179-7.1 to expand the Toronto Parking Authority's authority over the bike share system to add micromobility share system as shown in the amended section in Attachment 1 to the report (June 24, 2020) from the General Manager, Transportation Services.

3. City Council request that the Ontario Ministry of Transportation amend the Motor Vehicle Collision Report to add electric kick-scooters as a vehicle type and to treat e-scooters as a motor vehicle for reporting purposes.

4. City Council request that the Ontario Ministry of Transportation and the Ontario Ministry of the Attorney General establish set fines for violations of O. Reg. 389/19, Pilot Project - Electric Kick-Scooters, and communicate these set fines to Toronto Police Services through an All Chiefs Bulletin.

5. City Council request that the General Manager, Transportation Services, consult with internal and external stakeholders regarding the lack of available medical coverage for e-scooter users and non-users when injured, and explore options with other government and industry stakeholders on creating a solution for automatic no-fault benefits for medical and rehabilitation expenses not provided through the Ontario Health Insurance Plan (OHIP) for those injured in incidents involving e-scooters and other micromobility devices.

6. City Council request that the Ontario Ministry of Transportation strengthen its standards and specifications for e-scooters in O. Reg. 389/19, Pilot Project - Electric Kick-Scooters based on the latest best practice research.

7. City Council request that the General Manager of Transportation, in consultation with health agencies and/or academic partners, to explore options and methods for studying the health impacts of e-scooter use, including, but not limited to, tracking the number and types of injuries and fatalities related to e-scooters.

8. City Council request that the General Manager, Transportation Services, report back through the 2021 budget process, and in consultation with the Toronto Parking Authority, Toronto Police Services, the Chief Financial Officer and Treasurer, and other Divisions as necessary, on the financial and additional staff resources required to manage the implementation, operation, and enforcement of e-scooters in Toronto.

9. 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 in order to give effect to the recommendations in the report (June 24, 2020), titled "E-Scooters - A Vision Zero Road Safety Approach", in consultation with the General Manager, Transportation Services and the President, Toronto Parking Authority.

E-scooters, or electric kick-scooters, are a new vehicle type suited for short urban trips. Since 2017, they have emerged in many cities across North America and Europe as they provide convenient, low-cost solutions for short trips and can provide connections to other modes of travel such as transit.

On January 1, 2020, new Provincial regulations came into effect that allow Ontario municipalities to opt in to a five-year e-scooter pilot project subject to conditions. This requires revising municipal by-laws to identify where e-scooters would be allowed to be used. Key pilot rules for e-scooter riders include a minimum operation age of 16, maximum travel speed of 24 km/hr, mandatory riding in bike lanes where available, and helmets required if the rider is under 18 years old.

This report is informed by a Vision Zero approach to road safety, particularly for vulnerable road users, while also considering the potential benefits of e-scooters such as convenience and alternatives to automobile use for short trips. Based on extensive research and consultations, this report recommends an approach that reduces the likelihood of e-scooter risks to riders, impacts on people with accessibility needs, community nuisance, and liability to the City, as well as enhancing the public benefits.

City staff recommend that the Toronto Parking Authority (TPA) be authorized to serve as the provider of shared micromobility services to allow for the implementation of more safeguards and better coordination with other municipal services, especially Bike Share. This approach would result in a competitive procurement process for shared e-scooters that complements Bike Share Toronto. The use and parking of e-scooters would continue to be prohibited in Toronto until such time that the TPA service has been contracted and City resources for enforcement are in place.

This report also recommends the need for improved industry standards at the provincial and federal levels for greater consumer protection in the purchase and/or use of e-scooters. While staff are aware that e-scooters are being considered as an open-air transportation option, the absence of improved standards and available insurance for e-scooter riders, coupled with lack of enforcement resources, would risk the safety of riders and the public on the City's streets and sidewalks, especially for people with disabilities.

Next steps are to commence development of an RFP by the TPA, with support by Transportation Services, and for City staff to report back in the first quarter of 2021 with an update on progress on opting into the pilot and proposed pilot by-law changes applicable to e-scooters (personal and shared) for an e-scooter pilot recommended for May 2021.

At its meeting on February 3, 2020, the Toronto Accessibility Advisory Committee considered Item DI7.3, E-scooter Oversight and Management - Accessibility Feedback.