Item - 2021.IE26.11

The Infrastructure and Environment Committee recommends that:  

1. City Council opt-in to pilot large cargo power-assisted bicycles under O.Reg 141/21 Pilot Project – Cargo Power-Assisted Bicycles as outlined in the report (November 18, 2021) from the General Manager, Transportation Services, titled "Cargo E-bike Pilot ".

2. City Council amend City of Toronto Municipal Code Chapter 886, Footpaths, Pedestrian Ways, Bicycle Paths, Bicycle Lanes and Cycle Tracks, as follows:

a. by inserting a new definition of "large cargo power-assisted bicycle" in Section 886-1B in alphabetical order, to read as follows:

"LARGE CARGO POWER-ASSISTED BICYCLE - Includes a cargo power-assisted bicycle or tricycle with (i) a continuous rated output power not exceeding 500 watts; and (ii) a width that is greater than 0.9 metres and weighing more than 120 kilograms unladen, but does not include any vehicle or bicycle capable of being propelled or driven solely by any power other than muscular power.";

b. by inserting in Section 886-10A the phrase ", a large cargo power-assisted bicycle," after the phrase "other than a bicycle";

c. by inserting in Section 886-10C the phrase ", including a large cargo power-assisted bicycle," after the phrase "stop a vehicle";

d. by inserting in Section 886-14 the phrase "or a large cargo power-assisted bicycle" after the phrase "in charge of a bicycle" and after the phrase "on a bicycle"; and

e. by inserting in Section 886-15A the phrase "or a large cargo power-assisted bicycle" after the phrase "bicycle".

3. City Council authorize the City Solicitor to make application to the Province of Ontario, Ministry of the Attorney General, and/or Regional Senior Justice to revise any established set fines/set fine short form wording or establish any new set fines under the Provincial Offences Act, as necessary, as may be identified by the City Solicitor or the General Manager, Transportation Services, in order to give effect to Parts 1 and 2 above, and that the City Solicitor in consultation with the appropriate City staff, determine the amount of the set fine to be requested.

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

a. by deleting in Section 950-101B the word "motor" from the definition of "delivery vehicle";

b. by deleting from the definition of "vehicle" in Section 950-101B the phrase "with a continuous rated output power not exceeding 500 watts and weighing not more than 120 kilograms unladen" after the phrase "cargo power-assisted bicycle";

c. by deleting the word "motor" in Sections 950-200D (1) and (2);

d. by (i) deleting the word "or" between "bicycle" and "cargo power-assisted bicycle"; (ii) inserting a comma after the phrase "leave a bicycle";  (iii) deleting the phrase "with a continuous rated output power not exceeding 500 watts and weighing not more than 120 kilograms unladen"; and (iv) inserting the phrase "or other similar vehicle" after the phrase "cargo power-assisted bicycle" in Section 950-201B;

e. by deleting from Section 950-201C(1) the phrase "and weighing not more than 120 kilograms unladen" after the phrase "not exceeding 500 watts";

f. by deleting from Section 950-201E the phrase "with a continuous rated output power not exceeding 500 watts and weighing not more than 120 kilograms unladen" and inserting the phrase "or other similar vehicle, "after the phrase "cargo power-assisted bicycle"; and

g. by inserting a new Section B.1 in Section 950-1200 as follows:

"B.1     Unless at the time of the contravention the bicycle, cargo power-assisted bicycle, or other similar vehicle was in the possession of another person without the bicycle, cargo power-assisted bicycle, or other similar vehicle owner's consent, if a bicycle, cargo power-assisted bicycle, or other similar vehicle has been left in contravention of Section 950-201B, the bicycle, cargo power-assisted bicycle, or other similar vehicle owner shall, upon issuance of a penalty notice, be liable to an administrative penalty."

5. City Council establish the new offences as set out in Part 4d above and set an associated penalty amount of $150.00 for offences in 950-201B; and amend Schedule A, Table 10: Chapter 950, Traffic and Parking, in City of Toronto Municipal Code Chapter 610, Penalties, Administration of, in numerical order, generally as follows:

Addition to Schedule A, Table 10 - Chapter 950, Traffic and Parking:

6. City Council authorize the City Solicitor to make application to the Province of Ontario, Ministry of the Attorney General, and/or Regional Senior Justice to revise any established set fines/set fine short form wording or establish any new set fines under the Provincial Offences Act, as necessary, as may be identified by the City Solicitor or the General Manager, Transportation Services, in order to give effect to Parts 1, 4 and 5, above, and that the City Solicitor in consultation with the appropriate City staff, determine the amount of the set fine to be requested.

7. City Council authorize the General Manager, Transportation Services to negotiate, enter into, and execute a letter of agreement, where possible, with potential participants of the O.Reg 141/21 Pilot Project - Cargo Power-Assisted Bicycles that weigh more than 120 kilograms unladen to secure their respective commitments and obligations to deliver the pilot project generally in accordance with the terms and conditions set out in the report (November 18, 2021) from the General Manager, Transportation Services, and upon such additional terms and conditions satisfactory to the General Manager, Transportation Services, and in a form acceptable to the City Solicitor.

8. 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 Parts 1 to 7, inclusive, above.

The Infrastructure and Environment Committee:

1. Requested the General Manager, Transportation Services, and the Chief Planner and Executive Director, City Planning, to report back on developing policies and plans to require new and existing multi-unit residential and apartment buildings, with above and below ground parking garages, to provide parking for electric and non-electric cycles including cargo cycles, to be constructed in line with the updated bicycle parking guidelines, and to report back to the Infrastructure and Environment Committee in early 2022.

Demand for e-commerce deliveries has sharply risen - leading to more emissions and traffic congestion. Cyclelogistics is the use of bicycles to deliver goods which has the potential to reduce operational costs, emissions and congestion, as well as contribute to road safety by replacing vans and trucks. In June 2021, City Council adopted by-laws to partially opt-in to the Province's pilot project by allowing cargo e-bikes, weighing not more than 120 kilograms unladen, on streets, bike lanes and cycle tracks. A report on a pilot project for larger cargo e-bikes weighing over 120 kilograms unladen was requested for the fourth quarter of 2021.

This report recommends amending by-laws to further opt-in to a provincial pilot that runs until March 1, 2026. The pilot will allow large cargo e-bikes over 120 kilograms unladen to operate on roads, bike lanes and cycle tracks, and to be able to park like other commercial vehicles, including in designated on-street commercial loading zones and delivery vehicle parking zones. It also recommends authorizing the General Manager, Transportation Services, to develop and implement agreements with large cargo e-bike participants to ensure safety and data collection. The proposed approach largely follows New York City's cargo e-bike pilot which was a successful pilot that is now being made permanent.

Since June 2021, City staff have consulted with a diverse range of internal and external stakeholders on large cargo e-bike regulations. Based on consultations and research, there is overall positive feedback on the potential of large cargo e-bike pilot projects in terms of improving operational efficiencies and achieving environmental objectives. City staff expect that the roll-out at the early stages of the pilot will be small scale (example: 20 to 40 cargo e-bikes), similar to other Canadian cities, and will involve about 4 to 5 companies, with each company starting out with only a few cargo e-bikes to test them. Barriers to the uptake of cargo e-bikes include the high cost of cargo e-bikes, and the lack of locations for storage and distribution to support a fleet of them. The pilot project will be monitored and an evaluation report is proposed to be made public annually.