Takeaways from B.C.’s new e-bike regulations

Entering the murky world of e-bike regulation, B.C.’s government has introduced new rules governing the use of e-bikes.

“The Motor Assisted Cycle (E-Bike) Regulation came into force on Apr. 5, 2024, and repeals the previous 2002 regulation, which was confusing and led to a number of e-bike users being convicted of offences under the Motor Vehicle Act because their e-bikes did not meet certain technical standards,” Michael Parrish of Fasken writes in a Mondaq blog post today. “The new regulation is intended to bring clarity as to what types of e-bikes are permissible on B.C. roads.

“Manufacturers, sellers, and users of e-bikes in B.C. should review the new regulation so they can ensure their e-bikes are compliant for use on B.C. roads.”

The federal government has not regulated the design and manufacture of safe e-bikes, Parrish observes. And yet, Canadians can be punished for using unsafe vehicles under a patchwork of provincial regulations around the country.

As Parrish explains: “While there was an industry expectation that Health Canada would now regulate the design and safety of e-bikes under the Canada Consumer Product Safety Act, the Consumer and Hazardous Products Safety Directorate has declined to regulate e-bikes as consumer products on the basis e-bikes are not consumer products but rather ‘vehicles’ under the jurisdiction of Transport Canada.”

Provincial e-bike laws vary across jurisdictions, which leads to confusion within the property and casualty insurance industry and consumers alike. “There is no uniformity amongst these regulations which means an e-bike legal for use on roads in one province may be illegal in another,” as Parrish puts it.

Related: Lax e-scooter insurance spells trouble for Canadian municipalities

Generally, provincial laws throughout Canada restrict use to e-bikes with motors not exceeding 500 watts and a maximum speed of 32 km/h.

B.C.’s new legislation distinguishes between “standard” e-bikes and “light” e-bikes as follows:

Standard e-bikes

• Cannot have motors exceeding 500W “continuous power output rating”
• Must have a maximum speed of 32 km/h
• Can have either pedal- or throttle-operated motors that can be disengaged
• Must have brakes that meet braking standards
• Cannot be operated by people under 16 years old on a highway.

Light e-bikes:

• Cannot have motors exceeding 250W “continuous power output rating”
• Must have a maximum speed of 25 km/h
• Are limited to pedal-operated motors (no throttle)
• Must have brakes that meet braking standards
• Cannot be operated by people under 14 years old on a highway
• Cannot be operated by people under 16 years old on a highway if carrying or towing passengers.

 

Educating around the new regs

Parrish predicts future litigation may arise due to the “ambiguity” around the power output ratings.

“While the new regulation is a significant improvement, there is some ambiguity as to whether the ‘peak’ power of standard e-bike motors can exceed 500 watts so long as the ‘continuous power output rating’ does not exceed 500 watts,” he writes.

B.C.’s new regulations do not impose any direct obligations on manufacturers and sellers of e-bikes, Parrish says. But anyone who uses non-compliant e-bikes on B.C. roads may be found guilty of offences under the Motor Vehicle Act.

To reduce potential liability exposure, e-bike manufacturers and sellers should ensure e-bikes sold for on-road are compliant with the new regulations. And if e-bikes are sold for off-road use only, manufacturers and sellers should make this known to consumers, Parrish recommends.

“Where e-bikes sold in B.C. do not meet the requirements of the new regulation because they are intended for off-road use only, manufacturers and sellers may wish to communicate to customers that the e-bikes are non-compliant with the regulations and cannot be operated on roads,” he says.

 

Feature image courtesy of iStock.com/Greice Baltieri