Bill 212: the “Reducing Gridlock, Saving You Time Act”
Municipalities in Ontario are now subject to a new framework of rules and regulations which affect the construction of bicycle lanes on public roadways. In an effort to address gridlock, certain municipalities in Ontario may now be required to get approval from the Government of Ontario to add or construct bike lanes on public roads if they remove a lane of motor vehicle traffic.
Introduced in the legislature on October 21, 2024, Bill 212 (the “Reducing Gridlock, Saving You Time Act”) proposed various amendments to the Highway Traffic Act which directly impact the construction of new and existing bike lanes in certain prescribed municipalities.
According to Bill 212, which received Royal Assent on November 25, 2024, the Highway Traffic Act has been amended to establish that, in general, a prescribed municipality does not have the power to construct, install or mark a bicycle lane on a highway which would reduce the number of marked lanes available for travel by motor vehicle on any portion or either side of the highway, unless the design for the bicycle lane has been approved by the Minister of Transportation.
Exemptions and considerations for municipalities
Bill 212 sets out certain exemptions from the bicycle lane approval requirement. Notably, approval by the Minister is only necessary if the design for the bicycle lane would reduce the number of marked lanes available for travel by motor vehicle traffic along any portion of or on either side of the highway where the bicycle lane is to be located.
Bill 212 also includes an exemption from this approval requirement if, on the date that the municipality becomes a “prescribed municipality”, (a) a contract has been already awarded or entered into for “construction, installation or marking of the bicycle lane”, or (b) the municipality has commenced performing such works itself.
When does a municipality need to obtain approval for new bicycle lanes?
If a municipality would like to construct a new bicycle lane involving the reduction of a lane of travel for motor vehicles, the municipality must determine whether it is a “prescribed municipality” required to obtain design approval from the Ministry of Transportation. If so, the municipality will be required to seek such approval and may be required to provide traffic information relating to the design of the proposed bicycle lane.
Can the Province remove a bicycle lane in any Ontario municipality?
Bill 212 includes amendments which authorize the Minister to review existing bike lanes which resulted in the reduction of the number of lanes available for motor vehicles. The Ministry may require municipalities to provide traffic information in respect of the lane. After a demand for traffic information is made to a municipality, the Province may review it and consider any factors set out in law.
After considering the traffic information and relevant factors, there may be an order issued to remove it. If a decision is made to remove a bicycle lane, the municipality must provide support and information to assist with the Minister with their duties, including:
- Managing traffic, public transit or emergency services;
- Providing technical information, health and safety information, standards, public consultation information, planning and design documents, surveys or engineering and utility location drawings; and
- Providing information related to signs, markings, traffic control signal systems and lighting, including assistance with their removal or relocation.
The City of Toronto is currently subject to the removal of bike lanes of three major arteries of travel downtown.
Who pays for the removal of bicycle lanes?
The legislation does not state expressly who is responsible for costs to remove and reconfigure a road after the removal of a bicycle lane. Rather, the amendments provide that the Minister is to inform the Lieutenant Governor in Council (“LGIC”) of the results of its review of affected roads and lanes, whereafter the LGIC may issue an order to the Minister to remove the bicycle lanes. The amendments expressly state the Province is not required to reimburse a municipality for the costs of initial construction.
If the Province orders the removal of a bicycle, a municipality may be able to recover the costs of providing support or information to assist the Province in doing so. If the Province requests any information or support relating to the review or removal of a bicycle lane, a municipality should keep diligent records of all their costs and expenses for the purposes of making a claim for reimbursement.
Will provincial approval for new bike lanes be required by all municipalities in Ontario?
Not all cities and towns may be directly affected by the new legislation. Presently, Bill 212 sets out a qualification that provincial approval is only required if “the municipality is prescribed by regulation.” Similarly, the requirement for municipalities to deliver traffic information for review purposes is also proposed to be limited to certain identified municipalities.
So far, no municipalities have been prescribed. However, municipalities should still proceed with caution and take into consideration the Province can pass a Regulation at any time to include them. Notably, Bill 212 did introduce specific provisions providing for the removal of certain bike lanes in the City of Toronto located on Bloor Street, University Avenue and Yonge Street.
When do the new rules for creating bike lanes come into effect?
The new rules for bike lane construction under Bill 212 came into force on November 25, 2024 and is now law.
Although the new law affecting bicycle lanes may not affect all municipalities, it does indicate a clear shift from the status quo when it comes to the creation of new bicycle lanes, and the maintenance of existing bicycle lanes. Municipalities with bicycle lanes in their jurisdiction are well advised to monitor any forthcoming regulations that may be passed.
Written by Matthew Fox and Alex Cockburn
Originally posted on Municipal Matters