Item - 2021.IE21.7

The Infrastructure and Environment Committee recommends that:  

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

2. City Council request Transport Canada to regulate harmonized micromobility vehicle safety, standards, testing and labelling, and conduct robust consultation with key stakeholders on universal accessibility, active transportation and road safety, given the importance of consumer safety and protection, as well as clarity for businesses that manufacture, import, distribute, retail and provide insurance products for micromobility.

An electric kick-scooter (or e-scooter) is a new vehicle type operated by standing on a board with two small wheels and using a throttle on a handle stick. They are only allowed for use on private property in Ontario, unless a municipality has opted-in to the Province's e-scooter pilot project which runs from January 1, 2020 to November 27, 2024. This requires amending municipal by-laws on where e-scooters would be allowed for use in public spaces.

After receiving a report from City staff in July 2020 on e-scooters that included concerns from disability groups and residents, City Council directed Transportation Services to report back on the accessibility and insurance issues, including:

- safety, especially for people living with disabilities and seniors, when encountering 1) e-scooters illegally operating on sidewalks and 2) trip hazards or obstructions from poorly parked or numerous rental e-scooters on sidewalks;

- lack of city resources for enforcement and the major challenges of enforcing moving violations on sidewalks, parking obstructions and vandalism;

- problems with indemnification agreements with e-scooter rental companies and liability of e-scooter riders if injured or injuring others;

- lack of insurance and medical coverage, and the significant liability exposure to the City when no other party provides compensation, leading to costs associated with claims, litigation and settlement.
 

Based on extensive research and feedback, this report concludes that accessibility barriers, safety concerns and insurance issues remain unresolved for privately owned and rental e-scooters. The solutions proposed by e-scooter industry participants are not satisfactory in addressing the concerns from the Toronto Accessibility Advisory Committee, disability groups, residents, and City staff. Accordingly, City staff recommend that Toronto not opt-in to the e-scooter pilot. The current regulations that prohibit the use of e-scooters in public spaces make sense as they will prevent an increase in street and sidewalk-related injuries and fatalities, and their associated costs. This aligns with the City's Vision Zero Road Safety goals, including consideration of impacts on pedestrians and persons living with disabilities.

Janet Lo, Senior Project Manager, Strategic Policy and Innovation, Transportation Services will give a presentation on the status of electric kick-scooters in Toronto including potential solutions for accessibility and insurance issues for the Toronto Accessibility Advisory Committee's feedback. Comments on the proposed solutions from key accessibility stakeholders will also be presented to the Toronto Accessibility Advisory Committee.